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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lines Interfere with National
Elections Act of 2012'' or the ``LINE Act of 2012''.
SEC. 2. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION
RESOURCES.
(a) Minimum Requirements.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle C--Additional Requirements
``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.
``(a) In General.--Each State shall provide for the minimum
required number of voting systems, poll workers, and other election
resources (including all other physical resources) for each voting site
on the day of any Federal election and on any days during which such
State allows early voting for a Federal election in accordance with the
standards determined under section 299.
``(b) Voting Site.--For purposes of this section and section 299,
the term `voting site' means a polling location, except that in the
case of any polling location which serves more than 1 precinct, such
term shall mean a precinct.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after September 15, 2014.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511) is amended by striking ``and
303'' and inserting ``303, and subtitle C''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
III the following:
``Subtitle C--Additional Requirements
``Sec. 321. Minimum required voting systems and poll workers.''.
(b) Standards.--
(1) In general.--Title II of the Help America Vote Act of
2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle E--Guidance and Standards
``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING
SYSTEMS AND POLL WORKERS.
``(a) In General.--Not later than January 1, 2014, the Attorney
General, to the maximum extent practicable in coordination with the
Commission, shall issue standards regarding the minimum number of
voting systems, poll workers, and other election resources (including
all other physical resources) required under section 321 on the day of
any Federal election and on any days during which early voting is
allowed for a Federal election.
``(b) Distribution.--
``(1) In general.--The standards described in subsection
(a) shall provide for a uniform and nondiscriminatory
distribution of such systems, workers, and other resources, and
shall take into account, among other factors, the following
with respect to any voting site (as defined in section 321(b)):
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by such
voting site.
``(F) The educational levels and socio-economic
factors of the population served by such voting site.
``(G) The needs and numbers of disabled voters and
voters with limited English proficiency.
``(H) The type of voting systems used.
``(2) No factor dispositive.--The standards shall provide
that any distribution of such systems shall take into account
the totality of all relevant factors, and no single factor
shall be dispositive under the standards.
``(3) Purpose.--To the extent possible, the standards shall
provide for a distribution of voting systems, poll workers, and
other election resources with the goals of--
``(A) ensuring an equal waiting time for all voters
in the State; and
``(B) preventing a waiting time of over 1 hour at
any polling place.
``(c) Deviation.--The standards described in subsection (a) shall
permit States, upon giving reasonable public notice, to deviate from
any allocation requirements in the case of unforseen circumstances such
as a natural disaster or terrorist attack.''.
(2) Conforming amendment.--Section 202 of such Act (42
U.S.C. 15322) is amended--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively; and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) carrying out the duties described in subtitle E;''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Guidance and Standards
``Sec. 299. Standards for establishing the minimum required voting
systems and poll workers.''.
SEC. 3. REQUIREMENTS FOR JURISDICTIONS WITH SUBSTANTIAL VOTER WAIT
TIMES.
(a) Remedial Plans for States With Excessive Wait Times.--
(1) In general.--The Help America Vote Act of 2002 (42
U.S.C. 15301 et seq.) is amended by adding at the end the
following new title:
``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE WAIT TIMES
``SEC. 1001. REMEDIAL PLANS FOR STATES WITH EXCESSIVE WAIT TIMES.
``(a) In General.--Each jurisdiction for which the Attorney
General, to the maximum extent practicable in coordination with the
Commission, determines that a substantial number of voters waited more
than 90 minutes to cast a vote in the election for Federal office held
on November 6, 2012, or any election for Federal office held on or
after such date, shall comply with a State remedial plan established
under this section in accordance with subsection (b).
``(b) State Remedial Plans.--The Attorney General, to the maximum
extent practicable in coordination with the Commission, shall establish
for each State or jurisdiction which is required to comply with this
section a State remedial plan to minimize the waiting times of voters
in the State or jurisdiction.
``(c) Jurisdiction Defined.--For purposes of this section, the term
`jurisdiction' has the meaning given the term `registrar's
jurisdiction' in section 8(j) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-6(j)).
``(d) Federal Register Notice.--Not later than March 1 of the year
following the year in which an election for Federal office is held, the
Attorney General, to the maximum extent practicable in coordination
with the Commission, shall publish in the Federal Register a list of
States and jurisdictions that are required to comply with a State
remedial plan under this section.
``(e) State Remedial Plan Certification.--Not later than September
1 of the year following the year in which the Attorney General
publishes in the Federal Register a list described in subsection (d),
the governor of each State included on the list shall submit to the
Attorney General a letter certifying that the State has made a good
faith effort to comply with the State remedial plan established for the
State under this section.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by section
2(a)(2), is amended by striking ``and subtitle C'' and
inserting ``subtitle C, and title X''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end the following:
``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES
``Sec. 1001. Remedial plans for States with excessive voter wait
times.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Lines Interfere with National Elections Act of 2012 or LINE Act of 2012 - Amends the Help America Vote Act of 2002 to require each state to provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any federal election and on any days during which the state allows early voting for a federal election in accordance with standards established under this Act.
Directs the Attorney General, to the maximum extent practicable in coordination with the Election Assistance Commission, to issue standards for a uniform and non-discriminatory distribution of such systems, workers, and other resources, taking into account with respect to any voting site, among other factors, the voting age population, the needs and numbers of disabled voters, and voters with limited English proficiency.
Requires the standards, to the extent possible, to provide for a distribution of voting systems, poll workers, and other election resources with the goal of: (1) ensuring an equal waiting time for all voters in the state, and (2) preventing a waiting time of over one hour at any polling place.
Requires each jurisdiction where a substantial number of voters waited more than 90 minutes to cast a vote in the federal election held on November 6, 2012, or any federal election held after that date, to comply with a state remedial plan to minimize voter waiting times. | {"src": "billsum_train", "title": "A bill to amend the Help America Vote Act of 2002 to ensure that voters in elections for Federal office do not wait in long lines in order to vote."} | 1,955 | 302 | 0.603368 | 1.706303 | 0.750627 | 6.170909 | 5.963636 | 0.956364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boko Haram Disarmament and Northeast
Nigeria Recovery Act of 2014''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On the night of April 14, 2014, 276 female students,
most of them between 15 and 18 years old, were abducted by Boko
Haram from the Chibok Government Girls Secondary School, a
boarding school located in Borno state in the Federal Republic
of Nigeria.
(2) All public secondary schools in Borno state were closed
in March 2014 because of increasing attacks by Boko Haram that
killed hundreds of students, but the schoolgirls returned to
school, despite the potential dangers, determined to pursue
their education.
(3) Boko Haram has claimed responsibility for subsequent
kidnappings in the region.
(4) Boko Haram leaders have threatened to sell the
kidnapped schoolgirls into slavery and according to reports,
has previously kept female hostages as slaves and committed
sexual violence against them.
(5) Boko Haram seems determined to carry out sophisticated
and deadly attacks and to expand its area of operation.
(6) Boko Haram has targeted schools, mosques, churches,
villages, and agricultural centers, as well as government
facilities, in hopes of creating an Islamic state in northern
Nigeria.
(7) There are estimates that Boko Haram has killed more
than 4,000 people since 2011, and more than 2,000 people this
year alone.
(8) There is a possibility that many of the girls may have
been taken into neighboring countries.
(9) Boko Haram and other terrorist organizations pose a
growing threat to United States interests in the region, as
well as to broader regional peace and security.
(10) In an effort to locate the kidnapped schoolgirls, the
United States authorized the deployment of up to 80 military
personnel to Chad in order to help with intelligence and
surveillance.
(11) The United States military have provided training,
equipment, and other support for counter-terrorism units in the
Sahel region to combat Al Qaeda affiliates and related groups
in Africa.
(12) Cameroon, Niger, and Chad have deployed troops in an
effort to secure their borders against Boko Haram.
(13) The United States named several individuals linked to
Boko Haram as Specially Designated Global Terrorists in 2012
and designated Boko Haram as a Foreign Terrorist Organization
in November 2013.
(14) On May 22, 2014, the United Nations Security Council
added Boko Haram to the 1267 sanctions list, a list of Al
Qaeda-linked terrorist organizations subject to weapons
embargoes, travel bans, and asset freezes.
(15) The Senate and House have both passed resolutions
condemning Boko Haram and the abduction of female students by
the group from schools in the northeastern province of Borno in
the Federal Republic of Nigeria.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to work vigorously for a
lasting resolution to the conflict in northeast Nigeria and other Boko
Haram-affected areas by--
(1) eliminating the threat posed by Boko Haram to civilians
and regional stability through political, economic,
humanitarian, law enforcement, military, and intelligence
support for a comprehensive multilateral effort to protect
civilians in affected areas and to defeat and demobilize Boko
Haram fighters;
(2) supporting efforts to rescue those individuals who have
been abducted by Boko Haram; and
(3) further supporting comprehensive reconstruction,
transitional justice, development and humanitarian programs,
and reconciliation efforts.
SEC. 4. REQUIREMENT OF A REGIONAL STRATEGY FOR DEFEATING BOKO HARAM.
(a) Requirement for Strategy.--Not later than 90 days after the
date of the enactment of this Act, the President shall develop and
submit to the appropriate committees of Congress a regional strategy to
guide United States support for multilateral efforts to protect
civilians from attacks by Boko Haram, to eliminate the threat to
civilians and regional stability posed by Boko Haram, and to enforce
the rule of law and ensure full humanitarian access in areas affected
by Boko Haram.
(b) Content of Strategy.--The strategy should include the
following:
(1) A plan to work with Nigeria and other international
partners to find Boko Haram's kidnapping victims and liberate
them and a viable plan to protect civilians and eliminate the
threat posed by Boko Haram.
(2) An interagency framework to plan, coordinate, and
execute all diplomatic, economic, intelligence, development,
humanitarian, law enforcement, and military elements of United
States policy across the region regarding Boko Haram.
(3) A framework to evaluate the progress and effectiveness
of the United States strategy toward eliminating the threat
posed by Boko Haram.
(c) Form.--The strategy under this section shall be submitted in
unclassified form, but may include a classified annex.
SEC. 5. HUMANITARIAN ASSISTANCE FOR AREAS AFFECTED BY BOKO HARAM.
(a) Authority.--In accordance with section 491 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2292) and section 2 of the Migration
and Refugee Assistance Act of 1962 (22 U.S.C. 2601), the President is
authorized to provide humanitarian and development assistance to the
populations in areas affected by Boko Haram.
(b) Availability of Amounts.--
(1) In general.--Amounts equivalent to the funds received
by the United States Government pursuant to the final judgment
in the case specified in paragraph (2) shall, notwithstanding
any other provision of law, be made available to carry out this
section.
(2) Case.--The case referred to in paragraph (1) is United
States of America v. All Assets Held in Account Number
80020796, in name of Doraville Properties Corporation, at
Deutsche Bank International, Limited in Jersey, Channel
Islands, and All Interest, Benefits, or Assets Traceable
Thereto, et al., Case No. 1:13-cv-01832-JDB (D.D.C.).
SEC. 6. ASSISTANCE FOR RECOVERY AND RECONSTRUCTION IN AREAS AFFECTED BY
BOKO HARAM.
(a) Authority.--It is the sense of Congress that the President
should support efforts by the people of Boko Haram-affected areas and
the Governments of Nigeria, Chad, Cameroon, and Niger, as security
conditions permit--
(1) to assist internally displaced people and returnees in
securing durable solutions by spurring economic growth,
supporting livelihoods, helping to alleviate poverty, and
promoting access to basic services in northeast Nigeria,
including education and employment opportunities;
(2) to enhance the accountability and administrative
competency of state and local governance institutions and
public agencies in northeast Nigeria with regard to budget
management, provision of public goods and services, and related
oversight functions;
(3) to provide all children with a quality basic education
while ensuring the safety of students and school faculty;
(4) to strengthen the operational capacity of the civilian
police in Nigeria to enhance public safety, prevent crime and
communal and sectarian violence, and deal sensitively with
gender-based violence, while strengthening accountability
measures to prevent corruption and abuses; and
(5) to promote programs to address physical harm and
psychosocial trauma, including post-traumatic stress disorder.
(b) Future Year Funding.--It is the sense of Congress that the
Secretary of State and Administrator of the United States Agency for
International Development should work with the appropriate committees
of Congress to increase assistance in future fiscal years to support
activities described in this section if the Government of Nigeria
demonstrates a commitment to transparent and accountable reconstruction
in Boko Haram-affected areas of Nigeria, specifically by--
(1) increasing oversight activities and reporting to ensure
funds used to combat Boko Haram are used efficiently and with
minimal waste; and
(2) committing substantial funds of its own, above and
beyond standard budget allocations to state and local
governments, for the task of combating Boko Haram and
rebuilding those regions affected by Boko Haram attacks.
(c) Coordination With Other Donor Nations.--The United States
should work with other donor nations, on a bilateral and multilateral
basis, to increase contributions for recovery efforts in northeast
Nigeria and other areas affected by Boko Haram, and strengthen
accountability mechanisms to ensure the transparent and timely use of
those funds.
(d) Termination of Assistance.--It is the sense of Congress that
the Secretary of State should withhold bilateral assistance to Nigeria
for the purposes described under this section if the Secretary
determines that the Government of Nigeria is not committed to
transparent and accountable reconstruction and reconciliation in the
Boko Haram-affected areas of Nigeria.
SEC. 7. REPORT.
(a) Report Required.--Not later than 1 year after the submission of
the strategy required under section 4, the Secretary of State shall
prepare and submit to the appropriate committees of Congress a report
on the progress made toward the implementation of the strategy required
under section 4 and a description and evaluation of the assistance
provided under this Act toward the policy objectives described in
section 3.
(b) Contents.--The report required under section (a) shall
include--
(1) a description and evaluation of actions taken toward
the implementation of the strategy required under section 4;
(2) a description of assistance provided under section 5
and section 6;
(3) an evaluation of bilateral assistance provided to
Nigeria and associated programs in light of stated policy
objectives; and
(4) a description of amounts of assistance committed, and
amounts provided, to Nigeria during the reporting period by the
Government of Nigeria, each donor country, and all relevant
organizations.
SEC. 8. DEFINITION.
In this Act, the term ``appropriate committees of Congress''
means--
(1) the Committee on Appropriations and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Appropriations and the Committee on
Foreign Relations of the Senate. | Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014 - Directs the President to develop and submit to Congress a regional strategy to guide U.S. support for multilateral efforts to: (1) eliminate the threat to civilians and regional stability from Boko Haram, and (2) enforce the rule of law and ensure full humanitarian access in Boko Haram-affected areas. States that such strategy should include a plan to work with Nigeria and other international partners to liberate Boko Haram's kidnapping victims. Authorizes the President to provide humanitarian and development assistance to the populations in Boko Haram-affected areas. Makes funds available for such assistance pursuant to final judgment of a specified legal case. Expresses the sense of Congress that the President should support efforts by the people of Boko Haram-affected areas and the governments of Nigeria, Chad, Cameroon, and Niger to: assist internally displaced people and returnees; enhance the administrative competency of state and local governance institutions and public agencies in northeast Nigeria; provide all children with a quality basic education while ensuring student and faculty safety; strengthen the operational capacity of the civilian police in Nigeria, and strengthen measures to prevent corruption; and promote programs to address physical harm and psychosocial trauma. Expresses the sense of Congress that: the Secretary of State and Administrator of the U.S. Agency for International Development (USAID) should work with Congress to increase future assistance to support reconstruction activities if Nigeria demonstrates a commitment to transparent reconstruction in Boko Haram-affected areas of Nigeria, and the Secretary should withhold assistance if Nigeria is not committed to transparent reconstruction and reconciliation in the Boko Haram-affected areas of Nigeria. | {"src": "billsum_train", "title": "Boko Haram Disarmament and Northeast Nigeria Recovery Act of 2014"} | 2,161 | 371 | 0.519146 | 1.744447 | 0.702503 | 4.911392 | 6.338608 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Complaint and Litigation
Accountability Improvement Measures Act'' or the ``Trade CLAIM Act''.
SEC. 2. REVIEW OF DETERMINATIONS OF THE UNITED STATES TRADE
REPRESENTATIVE BY THE COURT OF INTERNATIONAL TRADE.
Section 1581 of title 28, United States Code, is amended--
(1) in subsection (i)--
(A) in the matter preceding paragraph (1), by
striking ``subsections (a)-(h)'' and inserting
``subsections (a)-(h) and (k)''; and
(B) in paragraph (4), by striking ``subsections
(a)-(h)'' and inserting ``subsections (a)-(h) and
(k)''; and
(2) by adding at the end the following:
``(k) The Court of International Trade shall have exclusive
jurisdiction of any civil action commenced by a petitioner requesting
that the United States Trade Representative take action under section
301 of the Trade Act of 1974 (19 U.S.C. 2411) to review de novo any
determination, finding, or action of the United States Trade
Representative under section 301(a), 302(a)(2), 304(a)(1),
305(a)(2)(A)(ii), 306(b), or 307(a)(1) of the Trade Act of 1974 (19
U.S.C. 2411(a), 2412(a)(2), 2414(a)(1), 2415(a)(2)(A)(ii), 2416(b), and
2417(a)(1)).''.
SEC. 3. CONSIDERATION BY THE UNITED STATES TRADE REPRESENTATIVE OF
PETITIONS TO ENFORCE UNITED STATES TRADE RIGHTS.
(a) Actions by United States Trade Representative.--Section 301 of
the Trade Act of 1974 (19 U.S.C. 2411) is amended--
(1) in subsection (a)--
(A) in paragraph (1) in the flush text at the end,
by striking ``, subject to the specific direction, if
any, of the President regarding any such action,''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``in any case in which'' and
inserting ``if'';
(ii) in subparagraph (A)(ii)(II), by
striking ``; or'' and inserting a semicolon;
and
(iii) by striking subparagraph (B) and
inserting the following:
``(B) the foreign country has--
``(i) agreed to imminently eliminate the
act, policy, or practice, or
``(ii) agreed to a solution to imminently
relieve the burden or restriction on United
States commerce resulting from the act, policy,
or practice;
``(C) the Trade Representative finds that it is
impossible for the foreign country to achieve the
results described in subparagraph (B), but the foreign
country agrees to provide to the United States
compensatory trade benefits that are equivalent in
value to the burden or restriction on United States
commerce resulting from the acts, policy, or practice;
``(D) in extraordinary cases, the Trade
Representative finds that the taking of action under
this subsection would have an adverse impact on the
United States economy substantially out of proportion
to the benefits of such action, taking into account the
impact of not taking such action on the credibility of
the provisions of this chapter; or
``(E) the Trade Representative finds that the
taking of action under this subsection would cause
serious harm to the national security of the United
States.''; and
(2) in subsection (c)(1)(D)--
(A) by amending clauses (i) and (ii) to read as
follows:
``(i) imminently eliminate the act, policy,
or practice that is the subject of the action
to be taken under subsection (a) or (b),
``(ii) imminently relieve the burden or
restriction on United States commerce resulting
from the act, policy, or practice, or''; and
(B) by amending subclause (I) of clause (iii) to
read as follows:
``(I) are equivalent in value to
the burden or restriction on United
States commerce resulting from the act,
policy, or practice, and''.
(b) Initiation of Investigations.--Section 302 of the Trade Act of
1974 (19 U.S.C. 2412) is amended--
(1) in subsection (a)(2), by striking the period and
inserting ``based on whether the petitioner has alleged facts
that, if assumed to be true, would meet the criteria set forth
in section 301(a)(1).''; and
(2) in subsection (c), by striking ``(a) or''.
(c) Consultations.--Section 303 of the Trade Act of 1974 (19 U.S.C.
2413) is amended--
(1) in subsection (a)(2), by striking ``mutually acceptable
resolution'' and inserting ``resolution acceptable to the Trade
Representative, the foreign country, and the petitioner (if
any)''; and
(2) in subsection (b)(1)(A), by striking ``after consulting
with'' and inserting ``with the consent of''.
(d) Implementation of Actions.--Section 305(a)(1) of the Trade Act
of 1974 (19 U.S.C. 2415(a)(1)) is amended by striking ``, subject to
the specific direction, if any, of the President regarding any such
action,''.
(e) Monitoring of Foreign Compliance.--Section 306(b) of the Trade
Act of 1974 (19 U.S.C. 2416(b)) is amended--
(1) in paragraph (1), by striking ``the Trade
Representative considers'' and inserting ``the Trade
Representative or the petitioner (if any) considers''; and
(2) in paragraph (2)(A), by striking ``the Trade
Representative considers'' and inserting ``the Trade
Representative or the petitioner (if any) considers''.
(f) Modification and Termination of Action.--Section 307(a)(1) of
the Trade Act of 1974 (19 U.S.C. 2417(a)(1)) is amended by striking ``,
subject to the specific direction, if any, of the President with
respect to such action,''. | Trade Complaint and Litigation Accountability Improvement Measures Act or the Trade CLAIM Act - Amends the federal judicial code to grant the Court of International Trade exclusive jurisdiction of any civil action commenced by a petitioner requesting de novo review of a U.S. Trade Representative (USTR) decision concerning the enforcement of U.S. trade rights.
Amends the Trade Act of 1974 to revise requirements concerning the enforcement of U.S. trade rights with respect to presidential authority and the responsibility of the USTR.
Permits the USTR to take further action to enforce U.S. rights, based on the USTR's monitoring, when a petitioner considers that the actions of a foreign country in implementing a measure have not been satisfactory. | {"src": "billsum_train", "title": "A bill to make determinations by the United States Trade Representative under title III of the Trade Act of 1974 reviewable by the Court of International Trade and to ensure that the United States Trade Representative considers petitions to enforce United States trade rights, and for other purposes."} | 1,500 | 173 | 0.555582 | 1.556122 | 0.738343 | 2.285714 | 9.97619 | 0.746032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John R. Justice Prosecutors and
Defenders Incentive Act of 2007''.
SEC. 2. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.
Title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) is amended by adding at the end the following:
``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS
``SEC. 3111. GRANT AUTHORIZATION.
``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as prosecutors
and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal cases at the State or
local level.
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or
local agency or a nonprofit organization
operating under a contract with a State or unit
of local government, that provides legal
representation to indigent persons in criminal
cases; or
``(ii) employed as a full-time Federal
defender attorney in a defender organization
established pursuant to subsection (g) of
section 3006A of title 18, United States Code,
that provides legal representation to indigent
persons in criminal cases.
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of 1965
(20 U.S.C. 1071 et seq.), excluding a loan under
section 428C of such Act, except as provided under
subparagraph (C);
``(B) a loan made under part D or E of title IV of
the Higher Education Act of 1965 (20 U.S.C. 1087a et
seq. and 1087aa et seq.), excluding a loan under
section 455(g) of such Act, except as provided under
subparagraph (C); and
``(C) a loan made under section 428C or 455(g) of
the Higher Education Act of 1965 (20 U.S.C. 1078-3 and
1087e(g)) to the extent that such loan was used to
repay a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a loan made under
section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall establish a
program by which the Department of Justice shall assume the obligation
to repay a student loan, by direct payments on behalf of a borrower to
the holder of such loan, in accordance with subsection (d), for any
borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as a
prosecutor or public defender for a required period of
service of not less than 3 years, unless involuntarily
separated from that employment;
``(B) if the borrower is involuntarily separated
from employment on account of misconduct, or
voluntarily separates from employment, before the end
of the period specified in the agreement, the borrower
will repay the Attorney General the amount of any
benefits received by such employee under this section;
``(C) if the borrower is required to repay an
amount to the Attorney General under subparagraph (B)
and fails to repay such amount, a sum equal to that
amount shall be recoverable by the Federal Government
from the borrower (or such borrower's estate, if
applicable) by such methods as are provided by law for
the recovery of amounts owed to the Federal Government;
``(D) the Attorney General may waive, in whole or
in part, a right of recovery under this subsection if
it is shown that recovery would be against equity and
good conscience or against the public interest; and
``(E) the Attorney General shall make student loan
payments under this section for the period of the
agreement, subject to the availability of
appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or
recovered from, a borrower or the estate of a borrower
under this subsection shall be credited to the
appropriation account from which the amount involved
was originally paid.
``(B) Merger.--Any amount credited under
subparagraph (A) shall be merged with other sums in
such account and shall be available for the same
purposes and period, and subject to the same
limitations, if any, as the sums with which the amount
was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan
repayments made by the Attorney General under this
section shall be made subject to such terms,
limitations, or conditions as may be mutually agreed
upon by the borrower and the Attorney General in an
agreement under paragraph (1), except that the amount
paid by the Attorney General under this section shall
not exceed--
``(i) $10,000 for any borrower in any
calendar year; or
``(ii) an aggregate total of $60,000 in the
case of any borrower.
``(B) Beginning of payments.--Nothing in this
section shall authorize the Attorney General to pay any
amount to reimburse a borrower for any repayments made
by such borrower prior to the date on which the
Attorney General entered into an agreement with the
borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor or
public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Attorney
General shall provide repayment benefits under this section on
a first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Attorney General shall give priority
in providing repayment benefits under this section in any
fiscal year to a borrower who--
``(A) received repayment benefits under this
section during the preceding fiscal year; and
``(B) has completed less than 3 years of the first
required period of service specified for the borrower
in an agreement entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to issue
such regulations as may be necessary to carry out the provisions of
this section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2008
and such sums as may be necessary for each succeeding fiscal year.''. | John R. Justice Prosecutors and Defenders Incentive Act of 2007- Amends the Omnibus Crime Control and Safe Streets Act of 1968 to direct the Attorney General to assume the obligation to repay student loans for borrowers who agree to remain employed, for at least three years, as: (1) state or local criminal prosecutors; or (2) state, local, or federal public defenders in criminal cases. Allows a borrower and the Attorney General to enter into an additional loan repayment agreement, after the required three-year period, for a successive period of service which may be less than three years. Limits the amount paid under such program on behalf of any borrower to $10,000 per calendar year and $60,000 total. | {"src": "billsum_train", "title": "To provide for loan repayment for prosecutors and public defenders."} | 1,738 | 155 | 0.519574 | 1.579933 | 0.675138 | 2.713235 | 11.411765 | 0.889706 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Prevention Act of
2013''.
SEC. 2. IMPROVEMENTS TO GRANT PROGRAM FOR COMPREHENSIVE SERVICE
PROGRAMS FOR HOMELESS VETERANS.
(a) Modification of Authority To Provide Capital Improvement Grants
for Programs That Assist Homeless Veterans.--Subsection (a) of section
2011 of title 38, United States Code, is amended, in the matter before
paragraph (1)--
(1) by striking ``or modifying'' and inserting ``,
modifying, or maintaining''; and
(2) by inserting ``privately, safely, and securely,''
before ``the following''.
(b) Requirement That Recipients of Grants Meet Physical Privacy,
Safety, and Security Needs of Homeless Veterans.--Subsection (f) of
such section is amended by adding at the end the following new
paragraph:
``(6) To meet the physical privacy, safety, and security
needs of homeless veterans receiving services through the
project.''.
SEC. 3. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE
THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS.
Section 2012(a)(2) of title 38, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as redesignated, by striking ``in
subparagraph (D)'' and inserting ``in subparagraph (E)'';
(3) in subparagraph (D), as redesignated, by striking
``under subparagraph (B)'' and inserting ``under subparagraph
(C)'';
(4) in subparagraph (E), as redesignated, by striking ``in
subparagraphs (B) and (C)'' and inserting ``in subparagraphs
(C) and (D)''; and
(5) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except
as otherwise provided in subparagraph (B), the rate'';
and
(B) by striking ``under subparagraph (B)'' and all
that follows through the end and inserting the
following: ``under subparagraph (C).
``(B)(i) Except as provided in clause (ii), in no case may the rate
determined under this paragraph exceed the rate authorized for State
homes for domiciliary care under subsection (a)(1)(A) of section 1741
of this title, as the Secretary may increase from time to time under
subsection (c) of that section.
``(ii) In the case of services furnished to a homeless veteran who
is placed in housing that will become permanent housing for the veteran
upon termination of the furnishing of such services to such veteran,
the maximum rate of per diem authorized under this section is 150
percent of the rate described in clause (i).''.
SEC. 4. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO
DEPENDENTS OF CERTAIN HOMELESS VETERANS.
Subsection (a) of section 2012 of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Services for which a recipient of a grant under section 2011
of this title (or an entity described in paragraph (1)) may receive per
diem payments under this subsection may include furnishing care for a
dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant
recipient (or entity).''.
SEC. 5. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS
COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall assess
and measure the capacity of programs for which entities receive grants
under section 2011 of title 38, United States Code, or per diem
payments under section 2012 or 2061 of such title.
(b) Assessment at National and Local Levels.--In assessing and
measuring under subsection (a), the Secretary shall develop and use
tools to examine the capacity of programs described in such subsection
at both the national and local level in order to assess the following:
(1) Whether sufficient capacity exists to meet the needs of
homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs of the
subpopulations of homeless veterans located in each geographic
area.
(3) The amount of capacity that recipients of grants under
sections 2011 and 2061 and per diem payments under section 2012
of such title have to provide services for which the recipients
are eligible to receive per diem under section
2012(a)(2)(B)(ii) of title 38, United States Code, as added by
section 3(5)(B).
(c) Use of Information.--The Secretary shall use the information
collected under this section as follows:
(1) To set specific goals to ensure that programs described
in subsection (a) are effectively serving the needs of homeless
veterans.
(2) To assess whether programs described in subsection (a)
are meeting goals set under paragraph (1).
(3) To inform funding allocations for programs described in
subsection (a).
(4) To improve the referral of homeless veterans to
programs described in subsection (a).
(d) Report.--Not later than 180 days after the date on which the
assessment required by subsection (b) is completed, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
on such assessment and such recommendations for legislative and
administrative action as the Secretary may have to improve the programs
and per diem payments described in subsection (a).
SEC. 6. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO
HOMELESS VETERANS.
(a) In General.--Section 2065 of title 38, United States Code, is
hereby repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by striking the item relating to
section 2065.
SEC. 7. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL
AND COUNSELING SERVICES FOR VETERANS AT RISK FOR
HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL
SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF
HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States Code, is
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Partnerships with public and private entities to provide
legal services to homeless veterans and veterans at risk
of homelessness
``(a) Partnerships Authorized.--Subject to the availability of
funds for that purpose, the Secretary may enter into partnerships with
public or private entities to fund a portion of the general legal
services specified in subsection (c) that are provided by such entities
to homeless veterans and veterans at risk of homelessness.
``(b) Locations.--The Secretary shall ensure that, to the extent
practicable, partnerships under this section are made with entities
equitably distributed across the geographic regions of the United
States, including rural communities and tribal lands.
``(c) Legal Services.--Legal services specified in this subsection
include legal services provided by public or private entities that
address the needs of homeless veterans and veterans at risk of
homelessness as follows:
``(1) Legal services related to housing, including eviction
defense and representation in landlord-tenant cases.
``(2) Legal services related to family law, including
assistance in court proceedings for child support, divorce, and
estate planning.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(d) Consultation.--In developing and carrying out partnerships
under this section, the Secretary shall, to the extent practicable,
consult with public and private entities--
``(1) for assistance in identifying and contacting
organizations described in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that have
entered into partnerships under this section to submit to the Secretary
periodic reports on legal services provided to homeless veterans and
veterans at risk of homelessness pursuant to such partnerships.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding after the item relating
to section 2022 the following new item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans
at risk of homelessness.''.
SEC. 9. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO
PROVIDE DENTAL CARE TO HOMELESS VETERANS.
Subsection (b) of section 2062 of title 38, United States Code, is
amended to read as follows:
``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran
who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
``(i) assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of
this title.
``(II) A therapeutic residence under
section 2032 of this title.
``(III) Community residential care
coordinated by the Secretary under section 1730
of this title.
``(IV) A setting for which the Secretary
provides funds for a grant and per diem
provider.
``(2) For purposes of paragraph (1), in determining whether a
veteran has received assistance or care for a period of 60 consecutive
days, the Secretary may disregard breaks in the continuity of
assistance or care for which the veteran is not responsible.''.
SEC. 10. EXTENSIONS OF AUTHORITIES.
(a) Comprehensive Service Programs.--Section 2013 of title 38,
United States Code, is amended by striking paragraphs (4) through (6)
and inserting the following:
``(4) $250,000,000 for each of fiscal years 2012 through
2014.
``(5) $150,000,000 for fiscal year 2015 and each subsequent
fiscal year.''.
(b) Homeless Veterans Reintegration Programs.--Section
2021(e)(1)(F) of such title is amended by striking ``2013'' and
inserting ``2014''.
(c) Treatment and Rehabilitation for Seriously Mentally Ill and
Homeless Veterans.--Section 2031(b) of such title is amended by
striking ``December 31, 2013'' and inserting ``December 31, 2014''.
(d) Centers for the Provision of Comprehensive Services to Homeless
Veterans.--Section 2033(d) of such title is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(e) Housing Assistance for Homeless Veterans.--Section 2041(c) of
such title is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(f) Financial Assistance for Supportive Services for Very Low-
Income Veteran Families in Permanent Housing.--
(1) In general.--Paragraph (1) of section 2044(e) of such
title is amended by adding at the end the following new
subparagraph (F):
``(F) $300,000,000 for fiscal year 2014.''.
(2) Training entities for provision of supportive
services.--Paragraph (3) of such section is amended by striking
``2012'' and inserting ``2014''.
(g) Grant Program for Homeless Veterans With Special Needs.--
Section 2061(d)(1) of such title is amended by striking ``for each of''
through ``shall be available'' and inserting ``for each of fiscal years
2007 through 2014, $5,000,000 shall be available''.
(h) Technical Assistance Grants for Nonprofit Community-Based
Groups.--Section 2064(b) of such title is amended by striking ``2012''
and inserting ``2014''.
(i) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''. | Homeless Veterans Prevention Act of 2013 - Requires public or private nonprofit entities that receive grants under the Department of Veterans Affairs (VA) comprehensive service programs for homeless veterans to agree to meet the physical, privacy, safety, and security needs of such veterans. Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150% of the per diem rate authorized for veterans receiving domiciliary care in state homes. Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. Directs the Secretary of Veterans Affairs (Secretary) to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Repeals a required annual VA report on activities under such programs. Repeals the September 30, 2013, sunset on the authority of the Secretary and the Secretary of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Authorizes the Secretary to enter into partnerships with public or private entities to provide legal services to homeless veterans and veterans at risk of homelessness. Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans receiving assistance under the United States Housing Act of 1937. Extends permanently the VA comprehensive service programs for homeless veterans. Extends temporarily various VA authorities and programs affecting homeless veterans. | {"src": "billsum_train", "title": "Homeless Veterans Prevention Act of 2013"} | 2,986 | 352 | 0.549669 | 1.619846 | 0.666955 | 3.022364 | 8.383387 | 0.900958 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Public Health
Protections in Major Disasters and Emergencies Act of 2007''.
SEC. 2. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A DISASTER
AREA.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act is amended by inserting after section 408 (42 U.S.C.
5174) the following:
``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN DISASTER
AREA.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Individual.--The term `individual' includes--
``(A) a worker or volunteer who responded to
Hurricane Katrina or Hurricane Rita or responds to a
major disaster or emergency, including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) any participating member of an urban
search and rescue team; and
``(v) any other relief or rescue worker or
volunteer that the President determines to be
appropriate;
``(B) a worker who responds to a disaster by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
``(C) a person whose place of residence is in a
disaster area;
``(D) a person who is employed in or attends
school, child care, or adult day care in a building
located in a disaster area; and
``(E) any other person that the President
determines to be appropriate.
``(2) Medical institution.--The term `medical institution'
includes a hospital facility (as such term is defined in
section 391 of the Energy Policy Conservation Act (42 U.S.C.
6371) and an accredited public or nonprofit school of medicine.
``(3) Program.--The term `program' means a program
described in subsection (b) that is carried out for a disaster
area.
``(4) Substance of concern.--The term `substance of
concern' means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President.
``(b) Program.--
``(1) In general.--If the President determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a major disaster area under this Act,
the President may carry out a program for the protection,
assessment, monitoring, and study of the health and safety of
individuals to ensure that--
``(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern and potential mental health
impacts in a timely manner;
``(B) the individuals are monitored and studied
over time, including through baseline and follow-up
clinical health examinations, for--
``(i) any short- and long-term health
impacts of any substance of concern; and
``(ii) any mental health impacts;
``(C) the individuals receive health care referrals
as needed and appropriate; and
``(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
``(2) Activities.--A program under paragraph (1) may
include such activities as--
``(A) collecting and analyzing environmental
exposure data;
``(B) developing and disseminating information and
educational materials;
``(C) performing baseline and follow-up clinical
health and mental health examinations and taking
biological samples;
``(D) establishing and maintaining an exposure
registry;
``(E) studying the short- and long-term human
health impacts of any exposures through epidemiological
and other health studies; and
``(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
``(3) Timing.--To the maximum extent practicable,
activities under any program established under paragraph (1)
(including baseline health examinations) shall be commenced in
a timely manner that will ensure the highest level of public
health protection and effective monitoring.
``(4) Participation in registries and studies.--
``(A) In general.--Participation in any registry or
study that is part of a program under paragraph (1)
shall be voluntary.
``(B) Protection of privacy.--The President shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in
subparagraph (A).
``(5) Cooperative agreements.--
``(A) In general.--The President may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
``(B) Selection criteria.--To the maximum extent
practicable, the President shall select to carry out a
program under paragraph (1) a medical institution or a
consortium of medical institutions that--
``(i) is located near--
``(I) the disaster area with
respect to which the program is carried
out; and
``(II) any other area in which
there reside groups of individuals that
worked or volunteered in response to
the disaster; and
``(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
``(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
``(II) conducting long-term health
monitoring and epidemiological studies;
``(III) conducting long-term mental
health studies; and
``(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
``(6) Involvement.--
``(A) In general.--In establishing and maintaining
a program under paragraph (1), the President shall
involve interested and affected parties, as
appropriate, including representatives of--
``(i) Federal, State, and local government
agencies;
``(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
``(iii) local residents, businesses, and
schools (including parents and teachers);
``(iv) health care providers; and
``(v) other organizations and persons.
``(B) Committees.--Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
``(7) Privacy.--The President shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
11320d-2 note; Public Law 104-191).
``(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, or the medical institution or consortium of such
institutions having entered into a cooperative agreement under
subsection (b)(5), shall submit to the Secretary of Homeland Security,
the Secretary of Health and Human Services, the Secretary of Labor, the
Administrator of the Environmental Protection Agency, and appropriate
committees of Congress a report on programs and studies carried out
under the program.''.
SEC. 3. NATIONAL ACADEMY OF SCIENCES REPORT ON HURRICANE KATRINA AND
RITA DISASTER AREA HEALTH AND ENVIRONMENTAL PROTECTION
AND MONITORING.
(a) In General.--The Secretary of Homeland Security, the Secretary
of Health and Human Services, and the Administrator of the
Environmental Protection Agency shall jointly enter into a contract
with the National Academy of Sciences to conduct a study and prepare a
report on disaster area health and environmental protection and
monitoring.
(b) Expertise.--The report under subsection (a) shall be prepared
with the participation of individuals who have expertise in--
(1) environmental health, safety, and medicine;
(2) occupational health, safety, and medicine;
(3) clinical medicine, including pediatrics;
(4) toxicology;
(5) epidemiology;
(6) mental health;
(7) medical monitoring and surveillance;
(8) environmental monitoring and surveillance;
(9) environmental and industrial hygiene;
(10) emergency planning and preparedness;
(11) public outreach and education;
(12) State and local health departments;
(13) State and local environmental protection departments;
(14) functions of workers that respond to disasters,
including first responders;
(15) public health and family services;
(16) environmental justice; and
(17) health and health care disparities.
(c) Contents.--The report under subsection (a) shall provide advice
and recommendations regarding protecting and monitoring the health and
safety of individuals potentially exposed to any chemical or other
substance associated with potential acute or chronic human health
effects as the result of a disaster, including advice and
recommendations regarding--
(1) the establishment of protocols for the monitoring of
and response to chemical or substance releases in a disaster
area for the purpose of protecting public health and safety,
including--
(A) chemicals or other substances for which samples
should be collected in the event of a disaster,
including a terrorist attack;
(B) chemical- or substance-specific methods of
sample collection, including sampling methodologies and
locations;
(C) chemical- or substance-specific methods of
sample analysis;
(D) health-based threshold levels to be used and
response actions to be taken in the event that
thresholds are exceeded for individual chemicals or
other substances;
(E) procedures for providing monitoring results
to--
(i) appropriate Federal, State, and local
government agencies;
(ii) appropriate response personnel; and
(iii) the public;
(F) responsibilities of Federal, State and local
agencies for--
(i) collecting and analyzing samples;
(ii) reporting results; and
(iii) taking appropriate response actions;
and
(G) capabilities and capacity within the Federal
Government to conduct appropriate environmental
monitoring and response in the event of a disaster,
including a terrorist attack; and
(2) other issues as specified by the Secretary of Homeland
Security, the Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 4. PREDISASTER HAZARD MITIGATION.
Section 203(m) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
``December 31, 2008'' and inserting ``September 30, 2010''.
SEC. 5. PREVENTIVE HEALTH SERVICES BLOCK GRANTS; USE OF ALLOTMENTS.
Section 1904(a)(1) of the Public Health Service Act (42 U.S.C.
300w-3(a)(1)) is amended--
(1) in subparagraph (G)--
(A) by striking ``through (F)'' and inserting
``through (G)''; and
(B) by redesignating such subparagraph as
subparagraph (H); and
(2) by inserting after subparagraph (F), the following:
``(G) Community outreach and education programs and
other activities designed to address and prevent health
and health care disparities.''. | Strengthening Public Health Protections in Major Disasters and Emergencies Act of 2007 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals who responded to Hurricane Katrina or Hurricane Rita or who respond to a major disaster or emergency, if chemicals or substances associated with potential acute or chronic human health effects were or are released in a major disaster area.
Makes participation voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations.
Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency (EPA) to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring.
Extends through September 30, 2010, the President's authority to establish a program to provide technical and financial assistance to state and local governments for the implementation of cost-effective predisaster hazard mitigation measures.
Amends the Public Health Service Act to authorize payments from allotments made to a state for community outreach and education programs and other activities designed to prevent health and health care disparities. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide for the health and safety of certain volunteers and workers in disaster areas, and for other purposes."} | 2,529 | 334 | 0.543089 | 1.50516 | 0.685381 | 4.300699 | 8.332168 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Children's Health
Education Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nearly 2,000,000 of the 9,000,000 uninsured children in
the United States are currently eligible for the State
Children's Health Insurance Program based on their family
income, but are not enrolled;
(2) nearly 4,000,000 uninsured children appear to be
eligible for Medicaid, but remain uninsured;
(3) the State Children's Health Insurance Program appears
to reach only 69 percent of its target population;
(4) according to a study conducted by the Urban Institute
in February, 2007, among those eligible for the State
Children's Health Insurance Program, children whose families
are self-employed or who work for small business concerns are
far less likely to be enrolled in that program, specifically
that 1 out of every 4 eligible children with parents who work
for a small business concern or are self employed are not
enrolled, compared with 1 out of 10 eligible children whose
parents work for a large firm who are not enrolled; and
(5) the Federal Government can improve the lives of
uninsured families eligible for the State Children's Health
Insurance Program through increasing awareness of the
availability, eligibility, and enrollment process for the State
Children's Health Insurance Program (and other private options
for health insurance) among owners of small business concerns.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Administration'' and ``Administrator''
means the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``certified development company'' means a
development company participating in the program under title V
of the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.);
(3) the term ``Medicaid program'' means the program
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.);
(4) the term ``Service Corps of Retired Executives'' means
the Service Corps of Retired Executives authorized by section
8(b)(1) of the Small Business Act (15 U.S.C. 637(b)(1));
(5) the term ``small business concern'' has the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632);
(6) the term ``small business development center'' means a
small business development center described in section 21 of
the Small Business Act (15 U.S.C. 648);
(7) the term ``State'' has the meaning given that term for
purposes of title XXI of the Social Security Act (42 U.S.C.
1397aa et seq.);
(8) the term ``State Children's Health Insurance Program''
means the State Children's Health Insurance Program established
under title XXI of the Social Security Act (42 U.S.C. 1397aa et
seq.);
(9) the term ``task force'' means the task force
established under section 4(a); and
(10) the term ``women's business center'' means a women's
business center described in section 29 of the Small Business
Act (15 U.S.C. 656).
SEC. 4. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--There is established a task force to conduct a
nationwide campaign of education and outreach for small business
concerns regarding the availability of coverage for children through
private insurance options, the Medicaid program, and the State
Children's Health Insurance Program.
(b) Membership.--The task force shall consist of the Administrator,
the Secretary of Health and Human Services, the Secretary of Labor, and
the Secretary of the Treasury.
(c) Responsibilities.--The campaign conducted under this section
shall include--
(1) efforts to educate the owners of small business
concerns about the value of health coverage for children;
(2) information regarding options available to the owners
and employees of small business concerns to make insurance more
affordable, including Federal and State tax deductions and
credits for health care-related expenses and health insurance
expenses and Federal tax exclusion for health insurance options
available under employer-sponsored cafeteria plans under
section 125 of the Internal Revenue Code of 1986;
(3) efforts to educate the owners of small business
concerns about assistance available through public programs;
and
(4) efforts to educate the owners and employees of small
business concerns regarding the availability of the hotline
operated as part of the Insure Kids Now program of the
Department of Health and Human Services.
(d) Implementation.--In carrying out this section, the task force
may--
(1) use any business partner of the Administration,
including--
(A) a small business development center;
(B) a certified development company;
(C) a women's business center; and
(D) the Service Corps of Retired Executives;
(2) enter into--
(A) a memorandum of understanding with a chamber of
commerce; and
(B) a partnership with any appropriate small
business concern or health advocacy group; and
(3) designate outreach programs at regional offices of the
Department of Health and Human Services to work with district
offices of the Administration.
(e) Website.--The Administrator shall ensure that links to
information on the eligibility and enrollment requirements for the
Medicaid program and State Children's Health Insurance Program of each
State are prominently displayed on the website of the Administration.
(f) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report on the status
of the nationwide campaign conducted under subsection (a).
(2) Contents.--Each report submitted under paragraph (1)
shall include a status update on all efforts made to educate
owners and employees of small business concerns on options for
providing health insurance for children through public and
private alternatives. | Small Business Children's Health Education Act of 2007 - Establishes a task force to conduct a nationwide campaign of education and outreach for small businesses regarding the availability of health care coverage for children through private insurance options, the Medicaid program, and the State Children's Health Insurance Program (SCHIP) (title XXI of the Social Security Act).
Requires the Administrator of the Small Business Administration (SBA) to ensure that links to information on eligibility and enrollment requirements for the Medicaid program and SCHIP of each state are prominently displayed on the SBA website. | {"src": "billsum_train", "title": "A bill to establish a multiagency nationwide campaign to educate small business concerns about health insurance options available to children."} | 1,325 | 123 | 0.472912 | 1.230673 | 0.598449 | 5.009524 | 11.838095 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Windfall Energy Alternatives for the
Nation (WEAN) Off of Oil Act of 2007'' or the ``WEAN Off of Oil Act of
2007''.
SEC. 2. WINDFALL PROFITS TAX.
(a) In General.--Subtitle E of the Internal Revenue Code of 1986
(relating to alcohol, tobacco, and certain other excise taxes) is
amended by adding at the end thereof the following new chapter:
``CHAPTER 56--WINDFALL PROFITS ON CRUDE OIL
``Sec. 5896. Imposition of tax.
``Sec. 5897. Windfall profit; removal price; adjusted base price;
qualified investment.
``Sec. 5898. Special rules and definitions.
``SEC. 5896. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, there is hereby imposed on any major integrated oil company (as
defined in section 167(h)(5)(B)) an excise tax equal to the excess of--
``(1) the amount equal to 50 percent of the windfall profit
from all barrels of taxable crude oil removed from the property
during each taxable year, over
``(2) the amount of qualified investment by such company
during such taxable year.
``(b) Fractional Part of Barrel.--In the case of a fraction of a
barrel, the tax imposed by subsection (a) shall be the same fraction of
the amount of such tax imposed on the whole barrel.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer of the taxable crude oil.
``SEC. 5897. WINDFALL PROFIT; REMOVAL PRICE; ADJUSTED BASE PRICE;
QUALIFIED INVESTMENT.
``(a) General Rule.--For purposes of this chapter, the term
`windfall profit' means the excess of the removal price of the barrel
of taxable crude oil over the adjusted base price of such barrel.
``(b) Removal Price.--For purposes of this chapter--
``(1) In general.--Except as otherwise provided in this
subsection, the term `removal price' means the amount for which
the barrel of taxable crude oil is sold.
``(2) Sales between related persons.--In the case of a sale
between related persons, the removal price shall not be less
than the constructive sales price for purposes of determining
gross income from the property under section 613.
``(3) Oil removed from property before sale.--If crude oil
is removed from the property before it is sold, the removal
price shall be the constructive sales price for purposes of
determining gross income from the property under section 613.
``(4) Refining begun on property.--If the manufacture or
conversion of crude oil into refined products begins before
such oil is removed from the property--
``(A) such oil shall be treated as removed on the
day such manufacture or conversion begins, and
``(B) the removal price shall be the constructive
sales price for purposes of determining gross income
from the property under section 613.
``(5) Property.--The term `property' has the meaning given
such term by section 614.
``(c) Adjusted Base Price Defined.--
``(1) In general.--For purposes of this chapter, the term
`adjusted base price' means $50 for each barrel of taxable
crude oil plus an amount equal to--
``(A) such base price, multiplied by
``(B) the inflation adjustment for the calendar
year in which the taxable crude oil is removed from the
property.
The amount determined under the preceding sentence shall be
rounded to the nearest cent.
``(2) Inflation adjustment.--
``(A) In general.--For purposes of paragraph (1),
the inflation adjustment for any calendar year after
2008 is the percentage by which--
``(i) the implicit price deflator for the
gross national product for the preceding
calendar year, exceeds
``(ii) such deflator for the calendar year
ending December 31, 2007.
``(B) First revision of price deflator used.--For
purposes of subparagraph (A), the first revision of the
price deflator shall be used.
``(d) Qualified Investment.--For purposes of this chapter--
``(1) In general.--The term `qualified investment' means
any amount paid or incurred with respect to--
``(A) section 263(c) costs,
``(B) qualified refinery property (as defined in
section 179C(c) and determined without regard to any
termination date),
``(C) any qualified facility described in paragraph
(1), (2), (3), or (4) of section 45(d) (determined
without regard to any placed in service date), and
``(D) any facility for the production of alcohol
used as a fuel (within the meaning of section 40) or
biodiesel or agri-biodiesel used as a fuel (within the
meaning of section 40A).
``(2) Section 263(c) costs.--For purposes of this
subsection, the term `section 263(c) costs' means intangible
drilling and development costs incurred by the taxpayer which
(by reason of an election under section 263(c)) may be deducted
as expenses for purposes of this title (other than this
paragraph). Such term shall not include costs incurred in
drilling a nonproductive well.
``SEC. 5898. SPECIAL RULES AND DEFINITIONS.
``(a) Withholding and Deposit of Tax.--The Secretary shall provide
such rules as are necessary for the withholding and deposit of the tax
imposed under section 5896 on any taxable crude oil.
``(b) Records and Information.--Each taxpayer liable for tax under
section 5896 shall keep such records, make such returns, and furnish
such information (to the Secretary and to other persons having an
interest in the taxable crude oil) with respect to such oil as the
Secretary may by regulations prescribe.
``(c) Return of Windfall Profit Tax.--The Secretary shall provide
for the filing and the time of such filing of the return of the tax
imposed under section 5896.
``(d) Definitions.--For purposes of this chapter--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the crude oil.
``(2) Crude oil.--
``(A) In general.--The term `crude oil' includes
crude oil condensates and natural gasoline.
``(B) Exclusion of newly discovered oil.--Such term
shall not include any oil produced from a well drilled
after the date of the enactment of the WEAN Off of Oil
Act of 2007, except with respect to any oil produced
from a well drilled after such date on any proven oil
or gas property (within the meaning of section
613A(c)(9)(A)).
``(3) Barrel.--The term `barrel' means 42 United States
gallons.
``(e) Adjustment of Removal Price.--In determining the removal
price of oil from a property in the case of any transaction, the
Secretary may adjust the removal price to reflect clearly the fair
market value of oil removed.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
chapter.
``(g) Termination.--This section shall not apply to taxable crude
oil removed after the date which is 3 years after the date of the
enactment of this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle E of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Chapter 56. Windfall Profit on Crude Oil.''.
(c) Deductibility of Windfall Profit Tax.--The first sentence of
section 164(a) of the Internal Revenue Code of 1986 (relating to
deduction for taxes) is amended by inserting after paragraph (5) the
following new paragraph:
``(6) The windfall profit tax imposed by section 5896.''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to crude oil removed after the date of the enactment of
this Act, in taxable years ending after such date.
(2) Transitional rules.--For the period ending December 31,
2007, the Secretary of the Treasury or the Secretary's delegate
shall prescribe rules relating to the administration of chapter
56 of the Internal Revenue Code of 1986. To the extent provided
in such rules, such rules shall supplement or supplant for such
period the administrative provisions contained in chapter 56 of
such Code (or in so much of subtitle F of such Code as relates
to such chapter 56).
SEC. 3. STRATEGIC ENERGY EFFICIENCY AND RENEWABLES RESERVE FOR
INVESTMENTS IN RENEWABLE ENERGY AND ENERGY EFFICIENCY.
(a) In General.--For budgetary purposes, the additional Federal
receipts by reason of the enactment of this Act shall be held in a
separate account to be known as the ``Strategic Energy Efficiency and
Renewables Reserve''. The Strategic Energy Efficiency and Renewables
Reserve shall be available to offset the cost of subsequent
legislation--
(1) to accelerate the use of clean domestic renewable
energy resources and alternative fuels;
(2) to promote the utilization of energy-efficient products
and practices and conservation; and
(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.
(b) Procedure for Adjustments.--
(1) Budget committee chairman.--After the reporting of a
bill or joint resolution, or the offering of an amendment
thereto or the submission of a conference report thereon,
providing funding for the purposes set forth in subsection (a)
in excess of the amounts provided for those purposes for fiscal
year 2007, the chairman of the Committee on the Budget of the
applicable House of Congress shall make the adjustments set
forth in paragraph (2) for the amount of new budget authority
and outlays in that measure and the outlays flowing from that
budget authority.
(2) Matters to be adjusted.--The adjustments referred to in
paragraph (1) are to be made to--
(A) the discretionary spending limits, if any, set
forth in the appropriate concurrent resolution on the
budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the budget
pursuant to section 302(a) of the Congressional Budget
Act of 1974; and
(C) the budget aggregates contained in the
appropriate concurrent resolution on the budget as
required by section 301(a) of the Congressional Budget
Act of 1974.
(3) Amounts of adjustments.--The adjustments referred to in
paragraphs (1) and (2) shall not exceed the receipts estimated
by the Congressional Budget Office that are attributable to
this Act for the fiscal year in which the adjustments are made. | Windfall Energy Alternatives for the Nation (WEAN) Off of Oil Act of 2007 or the WEAN Off of Oil Act of 2007 - Amends the Internal Revenue Code to impose upon major integrated oil companies an excise tax of 50 percent of their net windfall profits from the production of taxable crude oil in a taxable year. Defines "windfall profit" as the excess of the removal price (sales price) of a barrel of taxable crude oil over the adjusted base price of such barrel (i.e., $50 per barrel, adjusted for inflation). Terminates such tax three years after the enactment of this Act.
Allows a tax deduction for the payment of any windfall profit tax.
Establishes a separate account to be funded by windfall profit tax receipts (to be known as the Strategic Energy Efficiency and Renewables Reserve) for the purpose of financing legislation to: (1) accelerate the use of clean domestic renewable energy resources and alternative fuels; (2) promote the utilization of energy-efficient products, practices, and conservation; and (3) increase research, development, and deployment of clean renewable energy and efficiency technologies. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a temporary windfall profit tax on crude oil, to make the revenues from such tax available for investments in renewable energy and energy efficiency, and for other purposes."} | 2,515 | 244 | 0.600281 | 1.620733 | 0.843324 | 3.944444 | 10.287037 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Home Energy Savings
Revolving Fund Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Home energy audit.--The term ``home energy audit''
means any process that identifies and specifies the energy and
cost savings that are likely to be realized through the
implementation, acquisition, and installation of energy savings
improvements to a residential property.
(2) Qualified home energy audit.--The term ``qualified home
energy audit'' means an energy audit that complies with the
procedures and techniques under section 5(a)(2).
(3) Renewable energy measure.--The term ``renewable energy
measure'' means the appropriate installation and use of solar,
wind, geothermal, fuel cell, biomass, battery storage, and
other applicable renewable technologies, as determined by the
Secretary.
(4) Certified energy savings improvement.--The term
``certified energy savings improvement'' means an energy
efficiency improvement or renewable energy measure that meets
the requirements under section 5(a)(3).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(6) Revolving fund.--The term ``Revolving Fund'' means the
National Home Energy Savings Revolving Fund established under
section 3(a).
(7) Unit of general local government.--The term ``unit of
general local government'' means any general purpose political
subdivision of a State that has the power to levy taxes and
spend funds, as well as general corporate and police powers.
SEC. 3. NATIONAL HOME ENERGY SAVINGS REVOLVING FUND.
(a) Establishment.--There is established within the Department of
Energy a revolving fund, to be known as the ``National Home Energy
Savings Revolving Fund''.
(b) Expenditures.--Any amounts in the Revolving Fund may be used
without fiscal year limitation to provide funds to units of general
local government in accordance with section 4 for use in making loans
to homeowners pursuant to section 5(a).
(c) Credits.--
(1) Capitalization authorization.--There are authorized to
be appropriated to the Revolving Fund $5,000,000,000 for each
of fiscal years 2010 and 2011.
(2) Repayment amounts.--The Revolving Fund shall be
credited with amounts received by the Secretary from a unit of
general local government equal to loan repayment amounts due to
be repaid by homeowners to whom loans are made pursuant to
section 5(a).
SEC. 4. FUNDING TO UNITS OF GENERAL LOCAL GOVERNMENT.
(a) Application.--To be eligible to receive funds under this Act, a
unit of general local government shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, which information shall
include a description of the method required by section 5(c) for making
payments due under the loan.
(b) Amounts.--
(1) Allocation.--Subject to the limitation under paragraph
(2), the Secretary, in each fiscal year, shall provide for the
allocation of amounts available in the Revolving Fund to units
of general local government eligible to receive such amounts
based on need among such units of general local government for
amounts for loans to homeowners pursuant to section 5(a).
(2) Limitation.--In any fiscal year, the aggregate amount
provided from the Revolving Fund to a single unit of general
local government may not exceed 2 percent of the total amount
available in the Revolving Fund for such fiscal year.
(c) Repayment.--
(1) Homeowner.--A unit of general local government that
receives funds under this Act shall require full repayment of
each loan made to a homeowner pursuant to section 5(a).
(2) Unit of general local government.--Not later than 120
days after the deadline imposed by a unit of general local
government for repayment by homeowners of loans made pursuant
to section 5(a) in the manner provided by section 5(c), such
unit of general local government shall transfer to the
Secretary amounts due to be repaid, notwithstanding any default
on the part of the homeowner.
SEC. 5. LOANS TO HOMEOWNERS FOR QUALIFIED HOME ENERGY AUDITS AND
CERTIFIED ENERGY SAVINGS IMPROVEMENTS.
(a) Loans to Homeowners.--
(1) In general.--A unit of general local government that
receives funds under this Act shall use such funds only to
provide loans to homeowners for the costs of one or more of the
following:
(A) Conducting a qualified home energy audit (or a
qualified home energy audit previously conducted).
(B) The implementation of any certified energy
savings improvement.
(C) The acquisition of any certified energy savings
improvement.
(D) The installation of any certified energy
savings improvement.
(2) Home energy audit procedures and techniques.--The
Secretary shall establish procedures and techniques for home
energy audits that--
(A) meet standards established by the Secretary
after consultation with the State Energy Advisory Board
established under section 365(g) of the Energy and
Policy Conservation Act (42 U.S.C. 6325(g));
(B) establish priorities for selection of energy
savings improvements based on their cost-effectiveness,
payback period, and contribution to energy savings;
(C) measure the energy requirement of individual
dwellings and the rate of return of the total energy
savings investment in a dwelling; and
(D) account for interaction among energy savings
measures.
(3) Certified energy savings improvements.--Loan funds may
be used by homeowners under this section for the
implementation, acquisition, or installation of an energy
efficiency improvement or renewable energy measure only if such
improvement or measure--
(A) has been determined, by means of a qualified
home energy audit, to improve the efficiency of energy
use and to reduce energy costs (as calculated on the
basis of energy costs projected over time); and
(B) such determination is set forth in a written
report regarding such audit--
(i) listing energy savings improvements in
order of cost-effectiveness, payback period,
and contribution to energy savings; and
(ii) prepared and signed by the person
conducting such audit.
(b) Eligible Homeowners.--To be eligible to receive a loan from a
unit of general local government under this section, a homeowner shall
submit to such unit of general local government an application at such
time, in such manner, and containing such information as such unit of
general local government may require.
(c) Payment in Connection With Property Tax Payment.--A unit of
general local government that receives funds under this Act shall
establish a method by which a homeowner to whom a loan is made pursuant
to section 5(a) may make payments due under such loan in connection
with any payments submitted for any property tax assessed or collected
by such unit of general local government.
(d) Repayment Terms.--A unit of general local government that
receives funds under this Act shall establish terms for repayment of
loans made pursuant to section 5(a) that comply with subsection (e) and
meet the following goals in the following order of priority:
(1) The terms shall provide that, on an annual basis, the
aggregate amount of payments due on a loan shall be less than
the aggregate amount of savings achieved by implementation,
acquisition, or installation of certified energy savings
improvements financed under the loan.
(2) The terms shall provide that homeowners shall make
repayments of such loans in such amounts as are necessary to
minimize costs to the Revolving Fund established under section
3(a) and that any such repayments shall be transferred to the
Secretary and credited to such Fund.
(e) Loan Maturity and Interest.--A loan under this section shall
have a term to maturity of not more than 15 years and shall not bear
interest.
(f) Loan Amount Limitations.--The total amount of all loans made
pursuant to section 5(a) from a unit of general local government to a
single homeowner may not exceed $10,000, except that a unit of general
local government, in its discretion, may establish a loan amount
limitation in a lesser amount.
(g) Principal Residence Requirement.--A unit of general local
government may make a loan under this section only if such loan will be
used for eligible purposes under subsection (a) with respect to the
principal residence of the homeowner who is the borrower.
(h) Information Requirement.--A unit of general local government
that receives funds under this Act, in accordance with such standards
as the Secretary shall establish, shall make available to homeowners
information about loans available pursuant to section 5(a) including--
(1) a description of the eligible purposes for which a loan
may be used;
(2) a list of home energy auditors in the area that are
certified to perform qualified home energy audits; and
(3) repayment procedures and terms established in
accordance with subsection (d), including repayment procedures
and terms if a loan is provided only for the costs of
conducting a qualified home energy audit.
SEC. 6. REPORTS TO THE SECRETARY.
For each year any loan made by a unit of general local government
pursuant to section 5(a) is outstanding, such unit of general local
government shall submit to the Secretary a report describing the use of
funds from the Revolving Fund, identifying the number of loans provided
under this Act, the repayment rate of the loans, the default rate of
the loans, and any other information the Secretary determines to be
appropriate. | National Home Energy Savings Revolving Fund Act - Establishes within the Department of Energy (DOE) the National Home Energy Savings Revolving Fund to provide funds to local governments for use in making loans to homeowners for the costs of conducting a qualified home energy audit and implementing, acquiring, and installing certified energy savings improvements.
Requires the Secretary of Energy to establish procedures and techniques for home energy audits that: (1) establish priorities for selection of energy savings improvements based on their cost-effectiveness, payback period, and contribution to energy savings; (2) measure the energy requirement of individual dwellings and the rate of return of the total energy savings investment in a dwelling; and (3) account for interaction among energy savings measures.
Sets forth requirements concerning loan eligibility and repayment. Limits the total loan amount to a single homeowner to $10,000. | {"src": "billsum_train", "title": "To establish the National Home Energy Savings Revolving Fund within the Department of Energy to provide amounts to units of general local government to make loans to homeowners for qualified home energy audits and certified energy savings improvements, and for other purposes."} | 2,086 | 180 | 0.638791 | 1.641185 | 0.758306 | 4.760736 | 11.656442 | 0.932515 |
SECTION 1. EMERGENCY DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Disaster county.--
(A) In general.--The term ``disaster county'' means
a county included in the geographic area covered by a
qualifying natural disaster declaration for calendar
year 2009 for which the request for such declaration
was approved by the Secretary as of November 17, 2009.
(B) Exclusion.--The term ``disaster county'' does
not include a contiguous county.
(2) Eligible producer.--The term ``eligible producer''
means an agricultural producer in a disaster county.
(3) Eligible specialty crop producer.--The term ``eligible
specialty crop producer'' means an agricultural producer that,
during the 2009 calendar year, as determined by the Secretary--
(A) produced, or were prevented from planting, a
specialty crop in 1 or more disaster counties; and
(B) experienced crop losses associated with drought
or excessive rainfall.
(4) Qualifying natural disaster declaration.--The term
``qualifying natural disaster declaration'' means a natural
disaster declared by the Secretary for production losses under
section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Specialty crop.--The term ``specialty crop'' has the
meaning given the term in section 3 of the Specialty Crops
Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621
note).
(b) Supplemental Direct Payment.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use such sums as are necessary
to make a supplemental payment under section 1103 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8713) to eligible
producers that previously received a payment under that section.
(c) Specialty Crop Assistance.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than
$650,000,000, to remain available until September 30, 2011, to
carry out a program of grants to States to assist eligible
specialty crop producers for losses associated with drought or
excessive rainfall during the 2009 calendar year.
(2) Notification.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall notify the State
department of agriculture (or similar entity) in each State of
the availability of funds to assist eligible specialty crop
producers, including such terms as are determined by the
Secretary to be necessary for the equitable treatment of
eligible specialty crop producers.
(3) Provision of grants.--
(A) In general.--The Secretary shall make grants to
States under this subsection on a pro rata basis based
on the value of specialty crop production during the
2008 calendar year, as determined by the Secretary.
(B) Timing.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall make
grants to States to provide assistance under this
subsection.
(C) Maximum grant.--The maximum amount of a grant
made to a State under this subsection may not exceed
$40,000,000.
(4) Requirements.--The Secretary shall make grants under
this subsection only to States that demonstrate to the
satisfaction of the Secretary that the State will--
(A) use grant funds to assist eligible specialty
crop producers;
(B) provide assistance to eligible specialty crop
producers not later than 60 days after the date on
which the State receives grant funds; and
(C) not later than 30 days after the date on which
the State provides assistance to eligible specialty
crop producers, submit to the Secretary a report that
describes--
(i) the manner in which the State provided
assistance;
(ii) the amounts of assistance provided by
type of specialty crop; and
(iii) the process by which the State
determined the levels of assistance to eligible
specialty crop producers.
(d) Cottonseed Assistance.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use not more than $42,000,000
to provide supplemental assistance to eligible producers and
first-handlers of the 2009 crop of cottonseed in disaster
counties.
(2) General terms.--Except as otherwise provided in this
subsection, the Secretary shall provide disaster assistance
under this subsection under the same terms and conditions as
assistance provided under section 3015 of the Emergency
Agricultural Disaster Assistance Act of 2006 (title III of
Public Law 109-234; 120 Stat. 477).
(3) Distribution of assistance.--The Secretary shall
distribute assistance to first handlers for the benefit of
eligible producers in a disaster county in an amount equal to
the product obtained by multiplying--
(A) the payment rate, as determined under paragraph
(4); and
(B) the county-eligible production, as determined
under paragraph (5).
(4) Payment rate.--The payment rate shall be equal to the
quotient obtained by dividing--
(A) the sum of the county-eligible production, as
determined under paragraph (5); by
(B) the total funds made available to carry out
this subsection.
(5) County-eligible production.--The county-eligible
production shall be equal to the product obtained by
multiplying--
(A) the number of acres planted to cotton in the
disaster county, as reported to the Secretary by first-
handlers;
(B) the expected cotton lint yield for the disaster
county, as determined by the Secretary based on the
best available information; and
(C) the national average seed-to-lint ratio, as
determined by the Secretary based on the best available
information for the 5 crop years immediately preceding
the 2009 crop, excluding the year in which the average
ratio was the highest and the year in which the average
ratio was the lowest in such period.
(e) Livestock Assistance.--
(1) Continuation of assistance program.--
(A) In general.--Subject to paragraph (3), the
Secretary shall continue to carry out the 2002
Livestock Compensation Program announced by the
Secretary on October 10, 2002 (67 Fed. Reg. 63070)
(referred to in this paragraph as the ``Program'').
(B) Assistance.--In carrying out the Program, the
Secretary shall provide assistance to any applicant
that--
(i) conducts a livestock operation that is
physically located in a disaster county and
meets all other eligibility requirements
established by the Secretary for the Program;
or
(ii) produces an animal described in
section 10806(a)(1) of the Farm Security and
Rural Investment Act of 2002 (21 U.S.C.
321d(a)(1)) and meets all other eligibility
requirements established by the Secretary for
the Program.
(C) Use of commodity credit corporation funds.--
Effective beginning on the date of enactment of this
Act, the Secretary shall carry out the Program using
funds of the Commodity Credit Corporation.
(2) Livestock loss assistance program.--Subject to
paragraph (3), of the funds of the Commodity Credit
Corporation, the Secretary shall use $150,000,000 to carry out
a program to make payments to eligible producers for livestock
losses occurring in a disaster county under the same criteria
established to carry out the 1999 Livestock Assistance Program.
(3) Relationship of livestock assistance programs.--The
amount of assistance that the eligible producers on a farm
would otherwise receive for a loss under a livestock assistance
program, except for the operation of this subsection, shall be
reduced by the amount of the assistance that the eligible
producers on the farm receive under any other livestock
assistance program.
(f) Relation to Other Law.--An eligible producer or eligible
specialty crop producer that receives assistance under this section
shall be ineligible to receive assistance for the 2009 crop year under
the program carried out under section 531 of the Federal Crop Insurance
Act (7 U.S.C. 1531) and section 901 of the Trade Act of 1974 (19 U.S.C.
2497).
(g) Administration.--
(1) Regulations.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
promulgate such regulations as are necessary to
implement this section.
(B) Procedure.--The promulgation of the regulations
and administration of this section shall be made
without regard to--
(i) the notice and comment provisions of
section 553 of title 5, United States Code;
(ii) 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
(iii) 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 paragraph, the Secretary shall use
the authority provided under section 808 of title 5,
United States Code.
(2) Offset.--
(A) In general.--The Secretary of the Treasury
shall rescind such funds as are necessary of funds made
available under the Troubled Asset Relief Program
established under title I of division A of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C.
5211 et seq.) to reimburse the Commodity Credit
Corporation for expenditures under this Act.
(B) Administrative costs.--The Secretary may use up
to $5,000,000 of amounts made available under
subparagraph (A) to pay administrative costs incurred
by the Secretary that are directly related to carrying
out this Act. | Directs the Secretary of Agriculture to: (1) make a supplemental direct commodity payment to eligible producers that previously received such a payment; (2) make grants to states to assist eligible specialty crop producers for losses associated with drought or excessive rainfall during 2009; (3) provide supplemental assistance to eligible producers and first-handlers of the 2009 crop of cottonseed in disaster counties; (4) continue to carry out the 2002 livestock compensation program and provide assistance to any applicant that conducts a livestock operation located in a disaster county or produces fish classified within the family Ictaluridae (catfish); and (5) make payments to eligible producers for livestock losses occurring in a disaster county. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture to provide emergency disaster assistance to certain agricultural producers that suffered losses during the 2009 calendar year."} | 2,104 | 143 | 0.575429 | 1.567961 | 0.729751 | 4.534351 | 14.641221 | 0.946565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Industry Tax Break Repeal Act of
2007''.
TITLE I--REPEAL OF OIL INDUSTRY TAX BREAKS
SEC. 101. 7-YEAR AMORTIZATION OF GEOLOGICAL AND GEOPHYSICAL
EXPENDITURES FOR CERTAIN MAJOR INTEGRATED OIL COMPANIES.
(a) In General.--Subparagraph (A) of section 167(h)(5) of the
Internal Revenue Code of 1986 (relating to special rule for major
integrated oil companies) is amended by striking ``5-year'' and
inserting ``7-year''.
(b) Effective Date.--The amendment made by this section shall apply
to amounts paid or incurred after the date of the enactment of this
Act.
SEC. 102. LIMITATION ON PERCENTAGE DEPLETION.
(a) In General.--Section 613A of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(f) Limitation on Aggregate Amount of Depletion.--In the case of
any oil or gas well, the allowance for depletion allowed under section
613 shall not exceed the basis of the taxpayer in such property.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 103. TERMINATION OF TREATMENT OF NATURAL GAS DISTRIBUTION LINES AS
15-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(E)(viii) of the Internal Revenue
Code of 1986 is amended by striking ``January 1, 2011'' and inserting
``the date of the enactment of the Oil Industry Tax Break Repeal Act of
2007''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 104. TERMINATION OF TEMPORARY EXPENSING FOR EQUIPMENT USED IN
REFINING OF LIQUID FUELS.
(a) In General.--Section 179C(c)(1) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``January 1, 2012'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007'', and
(2) by striking ``January 1, 2008'' and inserting ``the
date of the enactment of the Oil Industry Tax Break Repeal Act
of 2007''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 105. NATURAL GAS GATHERING LINES TREATED AS 15-YEAR PROPERTY.
(a) In General.--Subparagraph (E) of section 168(e)(3) of the
Internal Revenue Code of 1986, as amended by section 2, is amended by
inserting ``, and'' at the end of clause (vi), by striking the period
at the end of clause (vii) and inserting ``, and'', and by adding at
the end the following new clause:
``(viii) any natural gas gathering line the
original use of which commences with the
taxpayer after the date of the enactment of
this clause.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of such Code (relating to special rule for property
assigned to classes), as amended by section 3, is amended by inserting
after the item relating to subparagraph (E)(vii) the following new
item:
``(E)(viii).......................................... 22''.
(c) Conforming Amendment.--Clause (iv) of section 168(e)(3) of such
Code is amended by inserting ``and before the date of the enactment of
the Oil Industry Tax Break Repeal Act of 2007'' after ``April 11,
2005''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before February 16, 2007, or, in the
case of self-constructed property, has started construction on
or before such date.
SEC. 106. TERMINATION OF DEDUCTION FOR INTANGIBLE DRILLING AND
DEVELOPMENT COSTS.
(a) In General.--Section 263(c) of the Internal Revenue Code of
1986 is amended by adding at the end the following new sentence: ``This
subsection shall not apply to any taxable year beginning after the date
of the enactment of this sentence.''.
(b) Conforming Amendments.--Paragraphs (2) and (3) of section
291(b) of such Code are each amended by striking ``section 263(c),
616(a),'' and inserting ``section 616(a)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 107. TERMINATION OF ENHANCED OIL RECOVERY CREDIT.
(a) In General.--Section 43 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(f) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 108. TERMINATION OF CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL
WELLS.
(a) In General.--Section 45I of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(e) Termination.--This section shall not apply to any taxable
year beginning after the date of the enactment of this subsection.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 109. TERMINATION OF TREATMENT OF ALASKA NATURAL GAS PIPELINES AS
7-YEAR PROPERTY.
(a) In General.--Section 168(e)(3)(C)(iii) of the Internal Revenue
Code of 1986 is amended by inserting ``placed in service before the
date of the enactment of the Oil Industry Tax Break Repeal Act of
2007'' after ``Alaska natural gas pipeline''.
(b) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 110. DENIAL OF DEDUCTION FOR LARGE INTEGRATED OIL COMPANIES FOR
INCOME ATTRIBUTABLE TO DOMESTIC PRODUCTION OF OIL,
NATURAL GAS, OR PRIMARY PRODUCTS THEREOF.
(a) In General.--Subparagraph (B) of section 199(c)(4) of the
Internal Revenue Code of 1986 (relating to exceptions) is amended by
striking ``or'' at the end of clause (ii), by striking the period at
the end of clause (iii) and inserting ``, or'', and by inserting after
clause (iii) the following new clause:
``(iv) in the case of a taxpayer which is a
large integrated oil company, the sale,
exchange, or other disposition of oil, natural
gas, or any primary product thereof.''.
(b) Primary Product.--Section 199(c)(4)(B) of such Code is amended
by adding at the end the following flush sentence:
``For purposes of clause (iv), the term `primary
product' has the same meaning as when used in section
927(a)(2)(C), as in effect before its repeal.''.
(c) Large Integrated Oil Company.--Subsection (c) of section 199 of
such Code is amended by adding at the end the following new paragraph:
``(8) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 111. REVALUATION OF LIFO INVENTORIES OF LARGE INTEGRATED OIL
COMPANIES.
(a) General Rule.--Notwithstanding any other provision of law, if a
taxpayer is an applicable integrated oil company for its last taxable
year ending in calendar year 2006, the taxpayer shall--
(1) increase, effective as of the close of such taxable
year, the value of each historic LIFO layer of inventories of
crude oil, natural gas, or any other petroleum product (within
the meaning of section 4611) by the layer adjustment amount,
and
(2) decrease its cost of goods sold for such taxable year
by the aggregate amount of the increases under paragraph (1).
If the aggregate amount of the increases under paragraph (1) exceed the
taxpayer's cost of goods sold for such taxable year, the taxpayer's
gross income for such taxable year shall be increased by the amount of
such excess.
(b) Layer Adjustment Amount.--For purposes of this section--
(1) In general.--The term ``layer adjustment amount''
means, with respect to any historic LIFO layer, the product
of--
(A) $18.75, and
(B) the number of barrels of crude oil (or in the
case of natural gas or other petroleum products, the
number of barrel-of-oil equivalents) represented by the
layer.
(2) Barrel-of-oil equivalent.--The term ``barrel-of-oil
equivalent'' has the meaning given such term by section
29(d)(5) (as in effect before its redesignation by the Energy
Tax Incentives Act of 2005).
(c) Application of Requirement.--
(1) No change in method of accounting.--Any adjustment
required by this section shall not be treated as a change in
method of accounting.
(2) Underpayments of estimated tax.--No addition to the tax
shall be made under section 6655 of the Internal Revenue Code
of 1986 (relating to failure by corporation to pay estimated
tax) with respect to any underpayment of an installment
required to be paid with respect to the taxable year described
in subsection (a) to the extent such underpayment was created
or increased by this section.
(d) Applicable Integrated Oil Company.--For purposes of this
section, the term ``applicable integrated oil company'' means an
integrated oil company (as defined in section 291(b)(4) of the Internal
Revenue Code of 1986) which has an average daily worldwide production
of crude oil of at least 500,000 barrels for the taxable year and which
had gross receipts in excess of $1,000,000,000 for its last taxable
year ending during calendar year 2006. For purposes of this subsection
all persons treated as a single employer under subsections (a) and (b)
of section 52 of the Internal Revenue Code of 1986 shall be treated as
1 person and, in the case of a short taxable year, the rule under
section 448(c)(3)(B) shall apply.
SEC. 112. MODIFICATIONS OF FOREIGN TAX CREDIT RULES APPLICABLE TO LARGE
INTEGRATED OIL COMPANIES WHICH ARE DUAL CAPACITY
TAXPAYERS.
(a) In General.--Section 901 of the Internal Revenue Code of 1986
(relating to credit for taxes of foreign countries and of possessions
of the United States) is amended by redesignating subsection (m) as
subsection (n) and by inserting after subsection (l) the following new
subsection:
``(m) Special Rules Relating to Large Integrated Oil Companies
Which Are Dual Capacity Taxpayers.--
``(1) General rule.--Notwithstanding any other provision of
this chapter, any amount paid or accrued by a dual capacity
taxpayer which is a large integrated oil company to a foreign
country or possession of the United States for any period shall
not be considered a tax--
``(A) if, for such period, the foreign country or
possession does not impose a generally applicable
income tax, or
``(B) to the extent such amount exceeds the amount
(determined in accordance with regulations) which--
``(i) is paid by such dual capacity
taxpayer pursuant to the generally applicable
income tax imposed by the country or
possession, or
``(ii) would be paid if the generally
applicable income tax imposed by the country or
possession were applicable to such dual
capacity taxpayer.
Nothing in this paragraph shall be construed to imply the
proper treatment of any such amount not in excess of the amount
determined under subparagraph (B).
``(2) Dual capacity taxpayer.--For purposes of this
subsection, the term `dual capacity taxpayer' means, with
respect to any foreign country or possession of the United
States, a person who--
``(A) is subject to a levy of such country or
possession, and
``(B) receives (or will receive) directly or
indirectly a specific economic benefit (as determined
in accordance with regulations) from such country or
possession.
``(3) Generally applicable income tax.--For purposes of
this subsection--
``(A) In general.--The term `generally applicable
income tax' means an income tax (or a series of income
taxes) which is generally imposed under the laws of a
foreign country or possession on income derived from
the conduct of a trade or business within such country
or possession.
``(B) Exceptions.--Such term shall not include a
tax unless it has substantial application, by its terms
and in practice, to--
``(i) persons who are not dual capacity
taxpayers, and
``(ii) persons who are citizens or
residents of the foreign country or possession.
``(4) Large integrated oil company.--For purposes of this
subsection, the term `large integrated oil company' means, with
respect to any taxable year, an integrated oil company (as
defined in section 291(b)(4)) which--
``(A) had gross receipts in excess of
$1,000,000,000 for such taxable year, and
``(B) has an average daily worldwide production of
crude oil of at least 500,000 barrels for such taxable
year.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxes paid or accrued in taxable years beginning after
the date of the enactment of this Act.
(2) Contrary treaty obligations upheld.--The amendments
made by this section shall not apply to the extent contrary to
any treaty obligation of the United States.
TITLE II--ENERGY TRUST FUND
SEC. 201. DEDICATION OF RESULTING REVENUES TO THE ENERGY 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 the following new section:
``SEC. 9511. ENERGY TRUST FUND.
``(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the `Energy Trust Fund',
consisting of such amounts as may be appropriated or credited to such
Fund as provided in this section or section 9602(b).
``(b) Transfers to Trust.--There are hereby appropriated to the
Energy Trust Fund amounts equivalent to the revenues resulting from the
amendment made by the title I of the Oil Industry Tax Break Repeal Act
of 2007.
``(c) Expenditures.--Amounts in the Energy Trust Fund shall be
available, as provided in appropriation Acts, only for the purpose of
making expenditures--
``(1) to accelerate the use of clean domestic renewable
energy resources and alternative fuels;
``(2) to promote the utilization of energy-efficient
products and practices and conservation; and
``(3) to increase research, development, and deployment of
clean renewable energy and efficiency technologies.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9511. Energy Trust Fund.''. | Oil Industry Tax Break Repeal Act of 2007 - Amends the Internal Revenue Code to: (1) increase the amortization period for the geological and geophysical expenditures of certain large integrated oil companies (defined as having an average daily worldwide crude oil production level of at least 500,000 barrels and more than $1 billion in gross receipts) from five to seven years; (2) limit the oil depletion allowance; (3) terminate accelerated depreciation of natural gas distribution lines and Alaska natural gas pipelines, expensing of equipment used in refining of liquid fuels, the tax deduction for intangible drilling and development costs, and the tax credits for enhanced oil recovery and for producing oil and gas from marginal wells; (4) classify natural gas gathering lines as 15-year property for depreciation purposes; and (5) deny large integrated oil companies the tax deduction for income attributable to the domestic production of oil, natural gas, or related products.
Requires large integrated oil companies to revalue their LIFO inventories of crude oil, natural gas, or other petroleum products according to a specified formula. Denies such oil companies a foreign tax credit for payments to certain foreign countries from which they receive a specified economic benefit as a dual capacity taxpayer.
Establishes in the Treasury the Energy Trust Fund and directs the transfer to such Fund of revenues resulting from the repeal of oil industry tax benefits by this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to terminate certain incentives for oil and gas."} | 4,038 | 305 | 0.58087 | 1.743176 | 0.713254 | 2.841509 | 12.645283 | 0.886792 |
TITLE I--HOUSING OPPORTUNITIES MADE EASIER
SEC. 101. EXEMPTION FROM TRUTH IN LENDING ACT.
Section 129E(i) of the Truth in Lending Act (15 U.S.C. 1639e(i)) is
amended by adding at the end the following:
``(4) Rule of construction related to appraisal
donations.--For purposes of paragraph (1), if a fee appraiser
voluntarily donates appraisal services to an organization
described in section 170(c)(2) of the Internal Revenue Code of
1986, such voluntary donation shall be deemed customary and
reasonable.''.
TITLE II--EXPANDING ACCESS TO CAPITAL FOR RURAL JOB CREATORS
SEC. 201. ACCESS TO CAPITAL FOR RURAL-AREA SMALL BUSINESSES.
Section 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is
amended--
(1) in subsection (j)(4)(C), by striking ``and women-owned
small businesses'' and inserting ``, women-owned, and rural-
area small businesses''; and
(2) in subsection (j)(6)(B)(iii), by striking ``and women-
owned small businesses'' and inserting ``, women-owned, and
rural-area small businesses''.
TITLE III--SENIOR SAFE
SEC. 301. IMMUNITY.
(a) Definitions.--In this title--
(1) the term ``Bank Secrecy Act officer'' means an
individual responsible for ensuring compliance with the
requirements mandated by subchapter II of chapter 53 of title
31, United States Code (commonly known as the ``Bank Secrecy
Act'');
(2) the term ``broker-dealer'' means a broker and a dealer,
as those terms are defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a));
(3) the term ``covered agency'' means--
(A) a State financial regulatory agency, including
a State securities or law enforcement authority and a
State insurance regulator;
(B) each of the entities represented in the
membership of the Federal Financial Institutions
Examination Council established under section 1004 of
the Federal Financial Institutions Examination Council
Act of 1978 (12 U.S.C. 3303);
(C) the Securities and Exchange Commission;
(D) a securities association registered under
section 15A of the Securities Exchange Act of 1934 (15
U.S.C. 78o-3);
(E) a law enforcement agency; and
(F) a State or local agency responsible for
administering adult protective service laws;
(4) the term ``covered financial institution'' means--
(A) a credit union;
(B) a depository institution;
(C) an investment adviser;
(D) a broker-dealer;
(E) an insurance company;
(F) an insurance agency; and
(G) a transfer agent;
(5) the term ``credit union'' has the meaning given the
term in section 2 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (12 U.S.C. 5301);
(6) the term ``depository institution'' has the meaning
given the term in section 3(c) of the Federal Deposit Insurance
Act (12 U.S.C. 1813(c));
(7) the term ``exploitation'' means the fraudulent or
otherwise illegal, unauthorized, or improper act or process of
an individual, including a caregiver or a fiduciary, that--
(A) uses the resources of a senior citizen for
monetary or personal benefit, profit, or gain; or
(B) results in depriving a senior citizen of
rightful access to or use of benefits, resources,
belongings, or assets;
(8) the term ``insurance agency'' means any business entity
that sells, solicits, or negotiates insurance coverage;
(9) the term ``insurance company'' has the meaning given
the term in section 2(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a));
(10) the term ``insurance producer'' means an individual
who is required under State law to be licensed in order to
sell, solicit, or negotiate insurance coverage;
(11) the term ``investment adviser'' has the meaning given
the term in section 202(a) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-2(a));
(12) the term ``investment adviser representative'' means
an individual who--
(A) is employed by or associated with an investment
adviser; and
(B) does not perform solely clerical or ministerial
acts;
(13) the term ``registered representative'' means an
individual who represents a broker-dealer in effecting or
attempting to effect a purchase or sale of securities;
(14) the term ``senior citizen'' means an individual who is
not younger than 65 years of age;
(15) the term ``State'' means each of the several States,
the District of Columbia, and any territory or possession of
the United States;
(16) the term ``State insurance regulator'' has the meaning
given the term in section 315 of the Gramm-Leach-Bliley Act (15
U.S.C. 6735);
(17) the term ``State securities or law enforcement
authority'' has the meaning given the term in section 24(f)(4)
of the Securities Exchange Act of 1934 (15 U.S.C. 78x(f)(4));
and
(18) the term ``transfer agent'' has the meaning given the
term in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)).
(b) Immunity From Suit.--
(1) Immunity for individuals.--An individual who has
received the training described in section 302 shall not be
liable, including in any civil or administrative proceeding,
for disclosing the suspected exploitation of a senior citizen
to a covered agency if the individual, at the time of the
disclosure--
(A) served as a supervisor or compliance officer
(including as a Bank Secrecy Act officer) for, or, in
the case of a registered representative, investment
adviser representative, or insurance producer, was
affiliated or associated with, a covered financial
institution; and
(B) made the disclosure--
(i) in good faith; and
(ii) with reasonable care.
(2) Immunity for covered financial institutions.--A covered
financial institution shall not be liable, including in any
civil or administrative proceeding, for a disclosure made by an
individual described in paragraph (1) if--
(A) the individual was employed by, or, in the case
of a registered representative, insurance producer, or
investment adviser representative, affiliated or
associated with, the covered financial institution at
the time of the disclosure; and
(B) before the time of the disclosure, each
individual described in section 302(a) received the
training described in section 302.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall be construed to limit the liability of an individual or a
covered financial institution in a civil action for any act,
omission, or fraud that is not a disclosure described in
paragraph (1).
SEC. 302. TRAINING.
(a) In General.--A covered financial institution or a third party
selected by a covered financial institution may provide the training
described in subsection (b)(1) to each officer or employee of, or
registered representative, insurance producer, or investment adviser
representative affiliated or associated with, the covered financial
institution who--
(1) is described in section 301(b)(1)(A);
(2) may come into contact with a senior citizen as a
regular part of the professional duties of the individual; or
(3) may review or approve the financial documents, records,
or transactions of a senior citizen in connection with
providing financial services to a senior citizen.
(b) Content.--
(1) In general.--The content of the training that a covered
financial institution or a third party selected by the covered
financial institution may provide under subsection (a) shall--
(A) be maintained by the covered financial
institution and made available to a covered agency with
examination authority over the covered financial
institution, upon request, except that a covered
financial institution shall not be required to maintain
or make available such content with respect to any
individual who is no longer employed by or affiliated
or associated with the covered financial institution;
(B) instruct any individual attending the training
on how to identify and report the suspected
exploitation of a senior citizen internally and, as
appropriate, to government officials or law enforcement
authorities, including common signs that indicate the
financial exploitation of a senior citizen;
(C) discuss the need to protect the privacy and
respect the integrity of each individual customer of
the covered financial institution; and
(D) be appropriate to the job responsibilities of
the individual attending the training.
(2) Timing.--The training under subsection (a) shall be
provided--
(A) as soon as reasonably practicable; and
(B) with respect to an individual who begins
employment with or becomes affiliated or associated
with a covered financial institution after the date of
enactment of this Act, not later than 1 year after the
individual becomes employed by or affiliated or
associated with the covered financial institution in a
position described in paragraph (1), (2), or (3) of
subsection (a).
(3) Records.--A covered financial institution shall--
(A) maintain a record of each individual who--
(i) is employed by or affiliated or
associated with the covered financial
institution in a position described in
paragraph (1), (2), or (3) of subsection (a);
and
(ii) has completed the training under
subsection (a), regardless of whether the
training was--
(I) provided by the covered
financial institution or a third party
selected by the covered financial
institution;
(II) completed before the
individual was employed by or
affiliated or associated with the
covered financial institution; and
(III) completed before, on, or
after the date of enactment of this
Act; and
(B) upon request, provide a record described in
subparagraph (A) to a covered agency with examination
authority over the covered financial institution.
SEC. 303. RELATIONSHIP TO STATE LAW.
Nothing in this title shall be construed to preempt or limit any
provision of State law, except only to the extent that section 301
provides a greater level of protection against liability to an
individual described in section 301(b)(1) or to a covered financial
institution described in section 301(b)(2) than is provided under State
law.
Passed the House of Representatives January 29, 2018.
Attest:
KAREN L. HAAS,
Clerk. | TITLE I--HOUSING OPPORTUNITIES MADE EASIER (Sec. 101) This bill amends the Truth in Lending Act to deem mortgage appraisal services donated by a fee appraiser to an organization that is eligible to receive tax-deductible charitable contributions to be customary and reasonable. TITLE II--EXPANDING ACCESS TO CAPITAL FOR RURAL JOB CREATORS (Sec. 201) The bill amends the Securities Exchange Act of 1934 to require the Advocate for Small Business Capital Formation within the Securities and Exchange Commission to report on issues encountered by rural-area small businesses. TITLE III--SENIOR SAFE (Sec. 301) The bill extends immunity from liability to certain individuals who, in good faith and with reasonable care, disclose the suspected exploitation of a senior citizen to a regulatory or law-enforcement agency. Specifically, this immunity shall apply to certain credit-union, depository-institution, investment-adviser, broker-dealer, transfer-agency, insurance-company, and insurance-agency employees who have received specified training related to identifying and reporting the suspected exploitation of a senior citizen. Similarly, the employing financial institution shall not be liable with respect to disclosures made by such employees. (Sec. 302) The bill allows financial institutions and third-party entities to offer training related to the suspected financial exploitation of a senior citizen to specified employees. The bill provides guidance regarding the content, timing, and record-maintenance requirements of such training. | {"src": "billsum_train", "title": "Housing Opportunities Made Easier Act"} | 2,387 | 432 | 0.588294 | 2.063148 | 0.829106 | 2.642308 | 8.457692 | 0.796154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mathematics and Science Proficiency
Partnership Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Mathematics and science education is a vital link to
connect today's students with the information age and to the
workplace of the 21st century.
(2) Today's United States economy depends more than ever on
the talents of skilled, high-tech workers.
(3) To sustain America's preeminence, we must take drastic
steps to change the way we develop our workforce.
(4) It is estimated that more than half of the economic
growth of the United States today results directly from
research and development in science and technology.
(5) We must acknowledge that the effectiveness of the
United States in maintaining this economic growth will be
largely determined by the intellectual capital of the United
States.
(6) The education of America's students is critical to
developing this resource.
(7) American students consistently demonstrate average and
below average performance compared to their international peers
in their skills in mathematics and science.
(8) According to the 1999 edition of the National
Assessment of Educational Progress, also known as the Nation's
Report Card, the trends in mathematics and science are
characterized by declines in the 1970's, followed by increases
during the 1980's and early 1990's. However, performance has
remained unchanged since the early 1990's. Several findings of
the Report Card deserve mention, including the following:
(A) In 1999, the average science score for 17-year-
olds was lower than the average score in 1969 for the
same age group.
(B) In 1999, the average science score for 13-year-
olds was similar to the average score in 1970 for the
same age group.
(C) In 1999, white students had higher average
mathematics scores than their black and Hispanic peers.
Although the gap between white and black students
narrowed since 1973, there is evidence that the gap may
be widening since 1990.
(D) In 1999, males outperformed females in science
at ages 13 and 17.
(E) A greater percentage of 13-year-olds in 1999
than in 1986 reported that the content of their science
class was general rather than focused on earth,
physical, or life science.
(9) The National Commission on Mathematics and Science
Teaching for the 21st century also finds that recent reports of
the performance of our country's students from both the Third
International Mathematics and Science Study (TIMSS) and the
National Assessment of Educational Progress (NAEP) echo a
dismal message of lackluster performance, now 3 decades old. It
is time the Nation heeded it--before it is too late.
(10) In an age now driven by the relentless necessity of
scientific and technological advancement, the current
preparation that students in the United States receive in
mathematics and science is, in a word, unacceptable.
(11) Proficiency in mathematics, science, and information
technology is necessary to prepare American students for
participation in the 21st century and to guarantee that the
United States economy remains vibrant and competitive.
(12) Now is the time to set the stage for advancement in
mathematics and science proficiency.
(13) The United States must expect more from our educators
and students.
(14) In order to achieve this, it is important that we show
interest in economically disadvantaged students who have not
been provided with opportunities that will improve their
knowledge of mathematics, science, and information technology.
(15) Many economically disadvantaged students in urban and
rural America share a common need to receive a quality
education, but often their schools lack the needed resources to
prepare them for the 21st century global community.
(16) The schools and businesses serving these communities
are strategically positioned to form a unique partnership with
urban and rural students that will increase their mathematics,
science, and information technology proficiency for the benefit
of the Nation.
(17) If our Nation continues failing to prepare citizens
from all population groups for participation in the new,
technology-driven economy, our Nation will risk losing its
economic and intellectual preeminence.
(18) America's students must improve their performance in
mathematics and science if they are to succeed in today's world
and if the United States is to stay competitive in an
integrated global economy.
(19) It is clear that the most direct route to improving
mathematics and science achievement for all students is better
mathematics and science teaching.
SEC. 3. DEMONSTRATION PROGRAM AUTHORIZED.
(a) General Authority.--
(1) In general.--
(A) Grant program.--The Director shall establish a
demonstration program under which the Director awards
grants in accordance with this Act to eligible local
educational agencies.
(B) Uses of funds.--A local educational agency that
receives a grant under this Act may use such grant
funds to develop a program that builds or expands
mathematics, science, and information technology
curricula, to purchase equipment necessary to establish
such program, and to provide professional development
to enhance teacher quality in those subject areas.
(2) Program requirements.--The program described in
paragraph (1) shall--
(A) train teachers specifically in information
technology, mathematics, and science; and
(B) provide students with a rich standards-based
course of study in mathematics, science, and
information technology.
(b) Eligible Local Educational Agency.--A local educational agency
is eligible to receive a grant under this Act if the agency--
(1) provides assurances that it has executed conditional
agreements with representatives of the private sector to
provide services and funds described in subsection (c); and
(2) agrees to enter into an agreement with the Director to
comply with the requirements of this Act.
(c) Private Sector Participation.--The conditional agreements
referred to in subsection (b)(1) shall describe participation by the
private sector, including--
(1) the donation of technology tools;
(2) the establishment of internship and mentoring
opportunities for students who participate in the mathematics,
science, and information technology program; and
(3) the donation of scholarship funds for selected students
to continue their study of mathematics, science, and
information technology.
(d) Application.--
(1) In general.--To apply for a grant under this section,
each eligible local educational agency shall submit an
application to the Director in accordance with guidelines
established by the Director pursuant to paragraph (2).
(2) Guidelines.--
(A) Requirements.--The guidelines referred to in
paragraph (1) shall require, at a minimum, that the
application include--
(i) a description of proposed activities
consistent with the uses of funds and program
requirements under subsection (a)(1)(B) and
(2);
(ii) a description of the higher education
scholarship program, including criteria for
selection, duration of scholarship, number of
scholarships to be awarded each year, and
funding levels for scholarships; and
(iii) evidence of private sector
participation and financial support described
in subsection (c).
(B) Guideline publication.--The Director shall
issue and publish such guidelines not later than 6
months after the date of the enactment of this Act.
(3) Selection.--The Director shall select a local
educational agency to receive an award under this section in
accordance with subsection (e) and on the basis of merit to be
determined after conducting a comprehensive review.
(e) Priority.--The Director shall give special priority in awarding
grants under this Act to eligible local educational agencies that--
(1) demonstrate the greatest ability to obtain commitments
from representatives of the private sector to provide services
and funds described under subsection (c); and
(2) demonstrate the greatest economic need.
(f) Maximum Grant Award.--An award made to an eligible local
educational agency under this Act may not exceed $300,000.
SEC. 4. STUDY AND REPORT.
(a) Study.--The Director shall initiate an evaluative study of the
effectiveness of the activities carried out under this Act in improving
student performance in mathematics, science, and information technology
at the precollege level and in stimulating student interest in pursuing
undergraduate studies in these fields.
(b) Report.--The Director shall report the findings of the study to
Congress not later than 4 years after the award of the first
scholarship. Such report shall include the number of students receiving
assistance under this Act who graduate from an institution of higher
education with a major in mathematics, science, or information
technology, and the number of students receiving assistance under this
Act who find employment in such fields.
SEC. 5. DEFINITIONS.
For purposes of this Act--
(1) the term ``conditional agreement'' means an arrangement
between representatives of the private sector and local
educational agencies to provide certain services and funds,
such as, but not limited to, the donation of computer hardware
and software, the establishment of internship and mentoring
opportunities for students who participate in mathematics,
science, and information technology programs, and the donation
of scholarship funds for use at institutions of higher
education by eligible students who have participated in the
mathematics, science, and information technology programs;
(2) the term ``Director'' means the Director of the
National Science Foundation;
(3) the term ``eligible student'' means a student enrolled
in the 12th grade who--
(A) has participated in a mathematics, science, and
information technology program established pursuant to
this Act;
(B) has demonstrated a commitment to pursue a
career in information technology, mathematics, science,
or engineering; and
(C) has attained high academic standing and
maintains a grade point average of not less than 2.7 on
a 4.0 scale for the period from the beginning of the
10th grade through the time of application for a
scholarship;
(4) the term ``institution of higher education'' has the
same meaning given such term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001); and
(5) the term ``local educational agency'' has the same
meaning given such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the National Science
Foundation to carry out this Act $5,000,000 for each of the fiscal
years 2002 through 2006. | Mathematics and Science Proficiency Partnership Act of 2001 - Requires the Director of the National Science Foundation (NSF) to establish a demonstration program under which grants are awarded to eligible local educational agencies (LEAs) for: (1) developing programs that build or expand mathematics, science, and information technology curricula; (2) purchasing equipment necessary to establish such programs; and (3) providing professional development to enhance teacher quality in those subject areas.Makes eligible for grants LEAs that provide assurances that they have executed conditional agreements for private sector participation, including: (1) the donation of technology tools; (2) the establishment of internship and mentoring opportunities; and (3) the donation of scholarship funds.Requires the Director to study and report to Congress on the effectiveness of activities under this Act in improving student performance in mathematics, science, and information technology at the precollege level and in stimulating student interest in pursuing undergraduate studies in these fields. | {"src": "billsum_train", "title": "To develop a demonstration program through the National Science Foundation to encourage interest in the fields of mathematics, science, and information technology."} | 2,167 | 195 | 0.40121 | 1.247967 | 0.722647 | 4.802198 | 11.906593 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Obstetric Fistula Surgical Repair,
Assistance, and Prevention Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Obstetric fistula is a devastating condition that
occurs during childbirth when prolonged pressure of the baby's
head against the mother's pelvis can lead to the child's death
as well as cut off the blood supply of the tissues surrounding
the woman's vagina, bladder, or rectum, causing those tissues
to deteriorate, and thus leaving an open hole, or fistula.
(2) Obstetric fistula can be excruciatingly painful and
often causes a woman to lose control of her bowel movements.
(3) To date, an estimated 2,000,000 cases of obstetric
fistula have been reported worldwide--mostly in Africa among
women who are very young, delivering their first child, lacking
proper nutrition and maternity care, and living in rural areas.
(4) The actual number of women who have obstetric fistula
may actually be much higher due to a lack of adequate
reporting. For example, an additional estimate contends that in
Nigeria alone, approximately 1,000,000 women suffer from
obstetric fistula.
(5) It is estimated that 50,000 to 100,000 new cases of
obstetric fistula occur each year, mostly involving women under
the age of 20.
(6) Women who suffer from obstetric fistula may also suffer
from social isolation because they are often abandoned by their
husbands, families, and employers.
(7) Women who suffer from obstetric fistula may also suffer
severe emotional stress from their condition and social
isolation that is often magnified by the death of their child
during labor.
(8) Obstetric fistula can be prevented through increased
access by women to emergency obstetrical care, a postponement
of sexual activity and childbearing past the teenage years, and
increased training for birth attendants in local communities.
(9) Obstetric fistula can also be treated through a
relatively minor surgical procedure that is 90 percent
effective and which can cost as little as $150.
(10) A large percentage of women who suffer from obstetric
fistula are unaware that treatment exists and may spend their
entire lives suffering from this condition needlessly.
(11) Unfortunately, there are few treatment centers or
hospitals with the capacity to treat obstetric fistula in
developing countries, particularly countries in Africa, and
demand for services and surgery far exceed the supply.
(12) Currently the United States Agency for International
Development provides assistance for programs that target
prevention of obstetric fistula but not programs that target
treatment of obstetric fistula.
(13) Tens of thousands of women in developing countries
suffering from obstetric fistula could be successfully treated
if adequate resources were devoted to this objective.
(b) Purpose.--The purpose of this Act is to ensure that, in
addition to the prevention of obstetric fistula, treatment of obstetric
fistula is an important priority of United States bilateral foreign
assistance programs, including through--
(1) the establishment and expansion of the capacity to
treat obstetric fistula in developing countries, including
through the provision of surgery and post-surgery care; and
(2) the reduction of the incidence of obstetric fistula in
developing countries, including through the conduct of
appropriate seminars and the dissemination of appropriate
educational materials, such as brochures, pamphlets, and
posters.
SEC. 3. DEFINITION.
In this Act, the term ``obstetric fistula'' means a rupture or hole
in tissues surround a woman's vagina, bladder, or rectum that occurs
when the woman is in obstructed childbirth for a prolonged period of
time without adequate medical attention.
SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
Section 104(c) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b(c)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) In carrying out the purposes of this subsection, the
President is authorized to furnish assistance, on such terms and
conditions as the President may determine, for the establishment and
operation of not less than twelve centers for the treatment of
obstetric fistula at appropriate sites in developing countries.
``(B) In selecting sites for the establishment of centers pursuant
to subparagraph (A), the President should seek the consultation and
advice of United States embassy officials, appropriate nongovernmental
organizations, and local government officials in developing countries
with high rates of obstetric fistula, with particular emphasis on
countries in Africa.
``(C) Each center established pursuant to subparagraph (A) shall,
to the maximum extent practicable, carry out the following activities:
``(i) The provision of surgery to repair obstetric fistula
in women who do not otherwise have the resources to pay for
such surgery and the provision of necessary post-surgery care
and support for such women.
``(ii) Assistance related to surgery and post-surgery care
and support described in clause (i), including the provision of
transportation to and from the center for women in need of such
transportation and the provision of necessary temporary shelter
and food assistance to women in need of such shelter and food
assistance.
``(iii) Activities to reduce the incidence of obstetric
fistula, including the conduct of appropriate seminars and the
dissemination of appropriate educational materials, such as
brochures, pamphlets, and posters.
``(D) Not later than January 31 of each year, the President shall
prepare and transmit to Congress a report on the implementation of this
paragraph for the prior fiscal year.
``(E) In addition to amounts otherwise available for such purpose,
there are authorized to be appropriated to the President $35,000,000
for each of the fiscal years 2005 and 2006 to carry out this paragraph.
Amounts appropriated under this clause are authorized to remain
available until expended.
``(F) In this paragraph, the term `obstetric fistula' means a
rupture or hole in tissues surrounding a woman's vagina, bladder, or
rectum that occurs when the woman is in obstructed childbirth for a
prolonged period of time without adequate medical attention.''. | Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance for the establishment in developing countries of at least twelve obstetric fistula treatment centers. States that in selecting sites the President should consult with U.S. embassy officials, nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to provide for the establishment of centers for the treatment of obstetric fistula in developing countries."} | 1,456 | 108 | 0.443134 | 1.227253 | 0.241014 | 4.851852 | 15.876543 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offering People True Insurance
Options Nationwide Act of 2002''.
SEC. 2. OPTION HEALTH INSURANCE.
Subpart G of part III of title 5, United States Code, is amended by
adding at the end the following:
``CHAPTER 90A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES
``Sec.
``9051. Definitions.
``9052. Health insurance for non-Federal employees.
``9053. Contract requirement.
``9054. Eligibility.
``9055. Alternative conditions to Federal employee plans.
``9056. Coordination with social security benefits.
``9057. Non-Federal employer participation.
``Sec. 9051. Definitions
``In this chapter--
``(1) the terms defined under section 8901 shall have the
meanings given such terms under that section; and
``(2) the term `Office' means the Office of Personnel
Management.
``Sec. 9052. Health insurance for non-Federal employees
``(a) The Office of Personnel Management shall administer a health
insurance program for non-Federal employees in accordance with this
chapter.
``(b) Except as provided under this chapter, the Office shall
prescribe regulations to apply the provisions of chapter 89 to the
greatest extent practicable to eligible individuals covered under this
chapter.
``(c) In no event shall the enactment of this chapter result in--
``(1) any increase in the level of individual or Government
contributions required under chapter 89, including copayments
or deductibles;
``(2) any decrease in the types of benefits offered under
chapter 89; or
``(3) any other change that would adversely affect the
coverage afforded under chapter 89 to employees and annuitants
and members of family under that chapter.
``(d) The Office shall develop methods to facilitate enrollment
under this chapter, including the use of the Internet.
``(e) The Office may enter into contracts for the performance of
appropriate administrative functions under this chapter.
``Sec. 9053. Contract requirement
``(a) Each contract entered into under section 8902 shall require a
carrier to offer to eligible individuals under this chapter, throughout
each term for which the contract remains effective, the same benefits
(subject to the same maximums, limitations, exclusions, and other
similar terms or conditions) as would be offered under such contract or
applicable health benefits plan to employees, annuitants, and members
of family.
``(b)(1) The Office may waive the requirements of this section, if
the Office determines, based on a petition submitted by a carrier
that--
``(A) the carrier is unable to offer the applicable health
benefits plan because of a limitation in the capacity of the
plan to deliver services or assure financial solvency;
``(B) the applicable health benefits plan is not sponsored
by a carrier licensed under applicable State law; or
``(C) bona fide enrollment restrictions make the
application of this chapter inappropriate, including
restrictions common to plans which are limited to individuals
having a past or current employment relationship with a
particular agency or other authority of the Government.
``(2) The Office may require a petition under this subsection to
include--
``(A) a description of the efforts the carrier
proposes to take in order to offer the applicable
health benefits plan under this chapter; and
``(B) the proposed date for offering such a health
benefits plan.
``(3) A waiver under this subsection may be for any period
determined by the Office. The Office may grant subsequent waivers under
this section.
``Sec. 9054. Eligibility
``An individual shall be eligible to enroll in a plan under this
chapter, unless the individual is enrolled or eligible to enroll in a
plan under chapter 89.
``Sec. 9055. Alternative conditions to Federal employee plans
``(a) For purposes of enrollment in a health benefits plan under
this chapter, an individual who had coverage under a health insurance
plan and is not a qualified beneficiary as defined under section
4980B(g)(1) of the Internal Revenue Code of 1986 shall be treated in a
similar manner as an individual who begins employment as an employee
under chapter 89.
``(b) In the administration of this chapter, covered individuals
under this chapter shall be in a risk pool separate from covered
individuals under chapter 89.
``(c)(1) Each contract under this chapter may include a preexisting
condition exclusion as defined under section 9801(b)(1) of the Internal
Revenue Code of 1986.
``(2)(A) The preexisting condition exclusion under this subsection
shall provide for coverage of a preexisting condition to begin not more
than 1 year after the date of coverage of an individual under a health
benefits plan, reduced by 1 month for each month that individual was
covered under a health insurance plan immediately preceding the date
the individual submitted an application for coverage under this
chapter.
``(B) For purposes of this paragraph, a lapse in coverage of not
more than 63 days immediately preceding the date of the submission of
an application for coverage shall not be considered a lapse in
continuous coverage.
``(d)(1) Rates charged and premiums paid for a health benefits plan
under this chapter--
``(A) may be adjusted and differ from such rates charged
and premiums paid for the same health benefits plan offered
under chapter 89;
``(B) shall be negotiated in the same manner as negotiated
under chapter 89; and
``(C) shall be adjusted to cover the administrative costs
of this chapter.
``(2) In determining rates and premiums under this chapter--
``(A) the age of covered individuals may be considered; and
``(B) rebates or lower rates and premiums shall be set to
encourage longevity of coverage.
``(e) No Government contribution shall be made for any covered
individual under this chapter.
``(f) If an individual who is enrolled in a health benefits plan
under this chapter terminates the enrollment, the individual shall not
be eligible for reenrollment until the first open enrollment period
following 6 months after the date of such termination.
``Sec. 9056. Coordination with social security benefits
``Benefits under this chapter shall, with respect to an individual
who is entitled to benefits under part A of title XVIII of the Social
Security Act, be offered (for use in coordination with those social
security benefits) to the same extent and in the same manner as if
coverage were under chapter 89.
``Sec. 9057. Non-Federal employer participation
``(a) In this section the term--
``(1) `employee', notwithstanding section 9051, means an
employee of a non-Federal employer;
``(2) `non-Federal employer' means an employer that is not
the Federal Government; and
``(3) `total premium amount' means the total premiums for
individual coverage for the health benefits plan under which
the employee is enrolled, regardless of whether the employee is
enrolled as an individual or for self and family.
``(b)(1) The Office shall prescribe regulations under which non-
Federal employers may participate under this chapter, including--
``(A) the offering of health benefits plans under this
chapter to employees through participating non-Federal
employers; and
``(B) a requirement for participating non-Federal employer
contributions to the payment of premiums for employees who
enroll in a health benefits plan under this chapter.
``(2) A participating non-Federal employer shall pay an employer
contribution for the premiums of an employee or other applicable
covered individual as follows:
``(A) A non-Federal employer that employs not more than 2
employees shall not be required to pay an employer
contribution.
``(B) A non-Federal employer that employs more than 2 and
not more than 25 employees shall pay not less than 40 percent
of the total premium amount.
``(C) A non-Federal employer that employs more than 25 and
not more than 50 employees shall pay not less than 50 percent
of the total premium amount.
``(D) A non-Federal employer that employs more than 50
employees shall pay not less than 60 percent of the total
premium amount.
``(3) Notwithstanding paragraph (2) (B), (C), or (D), a non-Federal
employer that employs more than 2 employees shall pay not less than 20
percent of the total premium amount with respect to the first year in
which that employer participates under this chapter.
``(c)(1) A participating non-Federal employer shall ensure that
each eligible full-time employee may enroll in a plan under this
chapter.
``(2)(A) A participating non-Federal employer may not offer a
health insurance plan to employees (other than a health benefits plan
under this chapter) unless such health insurance plan is offered
continuously on and after the date of enactment of this chapter.
``(B) If a participating non-Federal employer offers coverage under
this chapter and under another plan as provided under subparagraph (A),
the non-Federal employer--
``(i) shall treat all employees in the same manner with
respect to such offerings; and
``(ii) may not use financial incentives or disincentives to
encourage an employee or class of employees to enroll in the
health insurance plan not offered under this chapter.''.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Contract Requirement Under Chapter 89.--Section 8902 of title
5, United States Code, is amended by adding after subsection (o) the
following:
``(p) Each contract under this chapter shall include a provision
that the carrier shall offer any health benefits plan as required under
chapter 90A.''.
(b) Table of Chapters.--The table of chapters for part III of title
5, United States Code, is amended by inserting after the item relating
to chapter 90 the following:
``90A. Health Insurance for Non-Federal Employees........... 9051''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date of enactment of this Act and shall apply to contracts that
take effect with respect to calendar year 2003 and each calendar year
thereafter. | Offering People True Insurance Options Nationwide Act of 2002 - Directs the Office of Personnel Management to administer a health insurance program that offers Federal employees health benefits plans to individuals who are not Federal employees. | {"src": "billsum_train", "title": "A bill to amend title 5, United States Code, to establish a national health program administered by the Office of Personnel Management to offer Federal employee health benefits plans to individuals who are not Federal employees, and for other purposes."} | 2,340 | 43 | 0.473226 | 1.148842 | 0.611356 | 3.027027 | 59.378378 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oil Shale and Tar Sands Leasing Act
of 2008''.
SEC. 2. OIL SHALE AND TAR SANDS LEASING.
Section 369 of the Energy Policy Act of 2005 (42 U.S.C. 15927) is
amended--
(1) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Not later than 18 months
after the date of enactment of this Act, in''
and inserting the following:
``(A) In general.--Not later than 1 year after the
date of enactment of the Oil Shale and Tar Sands
Leasing Act of 2008, in''; and
(ii) by adding at the end the following:
``(B) Additional comment period.--The Governors of
each of the States of Colorado, Utah, and Wyoming shall
be afforded an additional 90 days beyond the public
comment period during which to comment on the final
programmatic environmental impact statement prior to
issuance of a record of decision by the Secretary.'';
and
(B) in paragraph (2)--
(i) in the heading by striking ``(2) Final
regulation.--Not'' and inserting the following:
``(2) Proposed regulation.--
``(A) In general.--Not'';
(ii) by striking ``6 months'' and inserting
``1 year'';
(iii) by striking ``final'' and inserting
``proposed''; and
(iv) by adding at the end the following:
``(B) Public comment.--The proposed regulations
under this paragraph shall be open to public comment
for not less than 120 days.'';
(2) by redesignating subsections (e) through (s) as
subsections (g) through (u), respectively;
(3) by inserting after subsection (d) the following:
``(e) Analysis of Commercial Leasing Program.--
``(1) In general.--Not later than 18 months after the date
of enactment of the Oil Shale and Tar Sands Leasing Act of
2008, and concurrent with the development of the proposed
regulations as required by this section, the Secretary shall,
in cooperation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, prepare
and submit to Congress a report (including recommendations)
that analyzes the elements of a commercial leasing program for
oil shale and tar sands, taking into account any findings from
the research and development program conducted under subsection
(c).
``(2) Inclusions.--The report under paragraph (1) shall
include--
``(A) an analysis of--
``(i) technologies and research and
development programs for the production of oil
and other materials from oil shale and tar
sands in existence on the date on which the
report is prepared;
``(ii) whether leases under the program
should be issued on a competitive basis;
``(iii) the term of the leases;
``(iv) the maximum size of the leases;
``(v) the minimum size of the leases;
``(vi) the use and distribution of bonus
bid payments;
``(vii) the royalty rate to be applied,
including whether a sliding scale royalty rate
should be used;
``(viii) the maximum number of leases and
maximum acreage to be leased under the leasing
program to a single lessee or an individual;
``(ix) any infrastructure required to
support oil shale and tar sands development in
industry and communities;
``(x) any conditions that should be imposed
in leases to minimize the impacts on--
``(I) air quality and conditions,
including greenhouse gas emissions;
``(II) water quality and quantity;
``(III) human health;
``(IV) local communities; and
``(V) wildlife habitat;
``(xi) policies that are necessary to
mitigate the adverse impacts of commercial oil
shale and tar sands exploration, development,
and production activities on wildlife and other
environmental resources that may be affected by
a commercial oil shale and tar sands leasing
and development program;
``(xii) reclamation bonding requirements
that should be imposed to guarantee the
reclamation of areas disturbed by oil shale and
tar sands exploration, development, and
production activities; and
``(xiii) appropriate diligent development
and minimum production requirements;
``(B) an identification of events that should serve
as a precursor to commercial leasing, including--
``(i) the development of environmentally
and commercially viable technologies; and
``(ii) the completion of land use planning
and environmental reviews; and
``(C) an analysis, developed in conjunction with
the appropriate State water resources agencies, of the
demand for, and availability of, water with respect to
the development of oil shale and tar sands, including
the best available estimates of the impacts of
population growth and climate change on availability
and timing of freshwater throughout the Colorado River
Basin.
``(3) Public participation.--In preparing the report under
this subsection, the Secretary shall provide notice to, and
solicit comment from--
``(A) the public;
``(B) representatives of local government;
``(C) representatives of industry; and
``(D) other interested parties.
``(4) Participation by certain states.--In preparing the
report under this subsection, the Secretary shall--
``(A) provide timely notice to, and solicit comment
from, the Governors of each of the States of Colorado,
Utah, and Wyoming;
``(B) allow each of the Governors of Colorado,
Utah, and Wyoming a period of not less than 90 days to
provide comments on the report; and
``(C) incorporate into the report submitted to
Congress under paragraph (1) any response of the
Secretary to those comments.
``(5) Incorporation of findings by nas.--In preparing the
report required by paragraph (1), the Secretary shall refer to
and use information and recommendations made by the National
Academy of Sciences in the report described in subsection (f).
``(f) National Academy of Sciences Report and Recommendations.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Oil Shale and Tar Sands Leasing Act of 2008,
the Secretary of the Interior, in consultation with the
Secretary of Energy and the Administrator of the Environmental
Protection Agency, shall enter into an arrangement with the
National Academy of Sciences under which the Academy shall
conduct a study to assess the environmental and commercial
framework for oil shale and tar sands development in the United
States.
``(2) Matters to be addressed.--The study shall address--
``(A) the importance of oil shale and tar sands
production to meet the energy needs of the United
States;
``(B) the status of oil shale and tar sands
research and development efforts;
``(C) the likely positive and negative implications
of the various technologies for the commercial
production of oil from oil shale and tar sands
resources, including the cumulative effects of other
energy infrastructure necessary for such production,
on--
``(i) water resources (including surface
water and groundwater), including the quantity
and quality of water;
``(ii) air quality, including greenhouse
gas emissions;
``(iii) human health;
``(iv) local communities;
``(v) wildlife habitat; and
``(vi) regional energy needs;
``(D) the timeframe for viable large-scale
commercial oil shale and tar sands production and
events that should serve as a precursor to commercial
leasing, such as development of commercially viable and
environmentally safe technologies;
``(E) the feasibility and advisability of
initiating a pilot program for commercial leasing;
``(F) energy sources needed for extraction
technologies and the resulting energy balance and
associated costs;
``(G) potential greenhouse gas emissions for each
technology and sequestration opportunities;
``(H) potential social and environmental impacts of
commercial oil shale and tar sands production,
including groundwater and surface water usage;
``(I) workforce capacity requirements associated
with large-scale commercial development; and
``(J) appropriate terms and conditions for
commercial oil shale leases on public land, including
royalty rates, diligent development requirements,
environmental conditions, and length of the lease term.
``(3) Recommendations.--The study shall--
``(A) analyze the viability of, and timeframe for,
environmentally safe commercial oil shale and tar sands
development; and
``(B) make recommendations as to changes, if any,
to Federal law (including regulations) needed to
facilitate the commercial production of oil shale and
tar sands resources in a manner that minimizes adverse
social and environmental impacts and ensures a fair
return to the public.
``(4) Completion of study.--The National Academy of
Sciences shall--
``(A) not later than 18 months after the date of
enactment of the Oil Shale and Tar Sands Leasing Act of
2008, submit the findings and recommendations of the
study to the Secretary of the Interior, the Secretary
of Energy, and the Administrator of the Environmental
Protection Agency; and
``(B) on completion of the study, make the results
of the study available to the public.
``(5) Report to congress.--Not later than 180 days after
receiving the results of the study, the Secretary of the
Interior, in consultation with the Secretary of Energy and the
Administrator of the Environmental Protection Agency, shall
report to Congress on--
``(A) the findings and recommendations of the
study;
``(B) the agreement or disagreement of the
Secretary with each of the findings and recommendations
of the study; and
``(C)(i) a plan and timeframe for implementing the
recommendations of the study through regulations or
otherwise; or
``(ii) if the Secretary declines to implement a
recommendation, the justification for declining to
implement the recommendation.'';
(4) in subsection (g) (as redesignated by paragraph (2))--
(A) by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later'';
(B) in the first sentence, by striking ``of the
final regulation required by subsection (d)'' and
inserting ``of final regulations issued under this
section (taking into account the findings and
recommendations of the studies and reports required by
subsections (e) and (f) and the results of research and
development carried out under leases entered into for
that purpose)'';
(C) in the second sentence, by striking ``If the
Secretary finds sufficient support and interest exists
in a State,'' and inserting the following:
``(2) Lease sale.--If the Secretary finds sufficient
support and interest exists in a State and determines that the
technology for the development of tar sands and oil shale
resources is commercially and technically viable,'';
(D) in the third sentence, by striking ``Evidence
of'' and inserting the following:
``(3) Evidence of interest.--Evidence of''; and
(E) by adding at the end the following:
``(4) Recommendations of states on proposed lease sales and
development and production plans.--
``(A) In general.--Any Governor of an affected
State or the executive of any affected local government
in the State may submit recommendations to the
Secretary regarding the size, timing, or location of a
proposed lease sale or with respect to a proposed
development and production plan.
``(B) Forwarding local recommendations to
governor.--Prior to submitting recommendations to the
Secretary, the executive of any affected local
government in any affected State shall forward the
recommendations of the executive to the Governor of the
State.
``(C) Deadline.--The recommendations shall be
submitted not later than 60 days after the date of
notice of the proposed lease sale or the date of
receipt of the development and production plan.
``(D) Approval.--The Secretary shall accept the
recommendations of the Governor, and may accept the
recommendations of the executive of any affected local
government, if the Secretary determines, after having
provided an opportunity for consultation, that the
recommendations provide for a reasonable balance
between the national interest and the well-being of the
citizens of the affected State.
``(E) Rationale.--The Secretary shall communicate
to the Governor, in writing, the reasons for the
determination of the Governor--
``(i) to accept or reject the
recommendations of the Governor; or
``(ii) to implement any alternative means,
identified in consultation with the Governor,
to provide for a reasonable balance between the
national interest and the well-being of the
citizens of the affected State.
``(5) Environmental compliance.--An environmental impact
statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall
be required--
``(A) prior to any lease sale with respect to the
land proposed to be leased under the commercial leasing
program established under this subsection; and
``(B) on a site-specific basis prior to the
authorization of any development activity on any leased
land.''; and
(5) in subsection (i)(1)(B) (as redesignated by paragraph
(2)), by striking ``subsection (e)'' and inserting ``subsection
(g)''. | Oil Shale and Tar Sands Leasing Act of 2008 - Amends the Energy Policy Act of 2005 to direct the Secretary of the Interior to: (1) report to Congress on a commercial leasing program for oil shale and tar sands; and (2) arrange with the National Academy of Sciences to assess for a report to Congress the environmental and commercial framework for oil shale and tar sands development.
Authorizes the senior executive of an affected state or local governmental unit to submit recommendations to the Secretary with respect to size, timing, or location of either a proposed lease sale, or a proposed development and production plan.
Requires an environmental impact statement prior to: (1) any lease sale under the commercial leasing program under this Act; and (2) authorization, on a site-specific basis, of development activity on leased land. | {"src": "billsum_train", "title": "A bill to amend the Energy Policy Act of 2005 to promote oil shale and tar sands leasing, and for other purposes."} | 3,035 | 185 | 0.590474 | 1.558479 | 0.643038 | 3.753086 | 17.691358 | 0.938272 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Petroleum Marketing Practices Act
Amendments of 1993''.
SEC. 2. CONVERSION TO COMPANY OPERATION.
Section 102(b)(3)(A)(ii) of the Petroleum Marketing Practices Act
(15 U.S.C. 2802(b)(3)(A)(ii)) is amended by inserting after ``purpose
of'' the following: ``converting the leased marketing premises to
operation by employees or agents of the franchisor for the benefit of
the franchisor or otherwise''.
SEC. 3. UNDERLYING LEASES.
Section 102(c)(4) of the Petroleum Marketing Practices Act (15
U.S.C. 2802(c)(4)) is amended--
(1) by striking ``lease, if'' and all that follows through
``(B) of'' and inserting the following: ``lease, if--
``(A) the franchisee was notified in writing, prior
to the commencement of the term of the then existing
franchise--
``(i) of the duration of the underlying
lease; and
``(ii) of''; and
(2) by adding at the end the following new subparagraphs:
``(B) during the 90-day period after notification
was given pursuant to section 104, the franchisor
offers to assign to the franchisee any option to extend
the underlying lease or option to purchase the
marketing premises that is held by the franchisor,
except that the franchisor may condition the assignment
upon receipt by the franchisor of--
``(i) an unconditional release executed by
both the landowner and the franchisee releasing
the franchisor from any and all liability
accruing after the date of the assignment for--
``(I) financial obligations under
the option (or the resulting extended
lease or purchase agreement);
``(II) environmental contamination
to (or originating from) the marketing
premises; or
``(III) the operation or condition
of the marketing premises; and
``(ii) an instrument executed by both the
landowner and the franchisee that ensures the
franchisor and the contractors of the
franchisor reasonable access to the marketing
premises for the purpose of testing for and
remediating any environmental contamination
that may be present at the premises; and
``(C) in a situation in which the franchisee
acquires possession of the leased marketing premises
effective immediately after the loss of the right of
the franchisor to grant possession (through an
assignment pursuant to subparagraph (B) or by obtaining
a new lease or purchasing the marketing premises from
the landowner), the franchisor (if requested in writing
by the franchisee not later than 30 days after
notification was given pursuant to section 104), during
the 90-day period after notification was given pursuant
to section 104--
``(i) made a bona fide offer to sell,
transfer, or assign to the franchisee the
interest of the franchisor in any improvements
or equipment located on the premises; or
``(ii) if applicable, offered the
franchisee a right of first refusal (for at
least 45 days) of an offer, made by another
person, to purchase the interest of the
franchisor in the improvements and
equipment.''.
SEC. 4. WAIVER OF RIGHTS.
Section 105 of the Petroleum Marketing Practices Act (15 U.S.C.
2805) is amended by adding at the end the following new subsection:
``(f)(1) No franchisor shall require, as a condition of entering
into or renewing the franchise relationship, a franchisee to release or
waive--
``(A) any right that the franchisee has under this title or
other Federal law; or
``(B) any right that the franchisee may have under any
valid and applicable State law.
``(2) No provision of any franchise shall be valid or enforceable
if the provision specifies that the interpretation or enforcement of
the franchise shall be governed by the law of any State other than the
State in which the franchisee has the principal place of business of
the franchisee.''.
SEC. 5. PREEMPTION.
Section 106 of the Petroleum Marketing Practices Act (15 U.S.C.
2806) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraphs:
-`-`-(-2-) -N-o-t-h-i-n-g -i-n -t-h-i-s -t-i-t-l-e -s-h-a-l-l
-l-i-m-i-t -t-h-e -a-b-i-l-i-t-y -o-f -a -S-t-a-t-e -o-r -a-n-y
-p-o-l-i-t-i-c-a-l -s-u-b-d-i-v-i-s-i-o-n -o-f -a -S-t-a-t-e -t-o
-r-e-g-u-l-a-t-e -a-n-y -s-p-e-c-i-f-i-c -p-r-o-v-i-s-i-o-n -o-f -a
-f-r-a-n-c-h-i-s-e-.
``-(-3-) (2) No State or political subdivision of a State may
adopt, enforce, or continue in effect any provision of law (including a
regulation) that requires a payment for the goodwill of a franchisee on
the termination of a franchise or nonrenewal of a franchise
relationship authorized by this title.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) Nothing in this title shall prohibit any State from
specifying the terms and conditions under which any franchise or
franchise relationship may be transferred to the designated successor
of a franchisee upon the death of the franchisee.''.
SEC. 6. DEFINITION OF FAILURE.
Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C.
2901(13)), is amended--
(1) by striking ``or'' at the end of (A);
(2) by deleting ``.'' and inserting ``; or'' at the end of
(B); and adding the following new subsection:
``(C) any failure based on a provision of the
franchise which is illegal or unenforceable under the
law of any State (or subdivision thereof).''. | Petroleum Marketing Practices Act Amendments of 1993 - Amends the Petroleum Marketing Practices Act to allow as grounds for nonrenewal of a franchise relationship the failure of the parties to agree to changes to the franchise provisions as long as such failure is not the result of the franchisor's insistence for the purpose of converting a franchisee operation into one operated by the franchisor's employees or agents (that is, turning the franchise into a company-owned station).
Requires a franchisor that does not wish to exercise its underlying lease options to lease or purchase the marketing premises, to offer to assign them to the franchisee as a prerequisite to termination or nonrenewal of the franchise relationship.
Bars a franchisor from requiring, as a condition of the franchise relationship, that the franchisee waive or release its rights under Federal or State law. Declares invalid and unenforceable any franchise provision which specifies that franchise interpretation or enforcement shall be governed by the law of any State other than the one in which the franchisee has its principal place of business.
Prohibits a State or any political subdivision from implementing any law or regulation which requires payment for a franchisee's goodwill upon either termination or nonrenewal of a franchise. Permits State law to specify the terms and conditions under which a franchise or franchise relationship may be transferred to a franchisee's designated successor upon the franchisee's death.
Amends the definition of "failure" to provide that it does not include any failure based on a provision of a franchise which is illegal or unenforceable under State law. | {"src": "billsum_train", "title": "Petroleum Marketing Practices Act Amendments of 1993"} | 1,571 | 360 | 0.529429 | 1.617037 | 0.71013 | 2.675862 | 4.810345 | 0.827586 |
SECTION 1. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND
ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED.
(a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.--
Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342)
is amended by adding at the end the following new paragraph:
``(h)(1) Effective one year after the date of the enactment of this
subsection, if it is a food (intended for human consumption and offered
for sale) that was produced, or contains any ingredient that was
produced, on land on which sewage sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which the
production of the food or ingredient on the land commenced;
``(B) the food bears a label that clearly indicates that
the food, or an ingredient of the food, was produced on land on
which sewage sludge was applied; or
``(C) in the case of a raw agricultural commodity or other
food generally offered for sale without labeling, a sign is
posted within close proximity of the food to notify consumers
that the food, or an ingredient of the food, was produced on
land on which sewage sludge was applied.''.
(b) Adulterated Food Under Egg Products Inspection Act.--Section
4(a) of the Egg Products Inspection Act (21 U.S.C. 1033(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) effective one year after the date of the enactment of
this paragraph, if it is derived from poultry that were raised,
or that consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced; or
``(B) the container bears a label that clearly
indicates that the egg or egg product was derived from
poultry that--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(c) Adulterated Food Under Federal Meat Inspection Act.--Section
1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m)) is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(10) effective one year after the date of the enactment
of this paragraph, if it is derived from livestock that grazed,
or consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the livestock began grazing on the land or the date on
which the production of the animal feed on the land
commenced;
``(B) the carcass, part thereof, meat or meat food
product bears a label that clearly indicates that the
livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a carcass, part thereof, meat
or meat food product generally offered for sale without
labeling, a sign is posted within close proximity of
the item to notify consumers that the livestock--
``(i) grazed on land on which sewage sludge
was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(d) Adulterated Food Under Poultry Products Inspection Act.--
Section 4(g) of the Egg Products Inspection Act (21 U.S.C. 453(g)) is
amended--
(1) by striking ``or'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(9) effective one year after the date of the enactment of
this paragraph, if it is derived from poultry that were raised,
or that consumed animal feed produced, on land on which sewage
sludge was applied, unless--
``(A) the application of sewage sludge to the land
terminated more than one year before the date on which
the poultry began to be raised on the land or the date
on which the production of the animal feed on the land
commenced;
``(B) the poultry product bears a label that
clearly indicates that the poultry contained in the
product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied; or
``(C) in the case of a poultry product generally
offered for sale without labeling, a sign is posted
within close proximity of the item to notify consumers
that the poultry contained in the product--
``(i) were raised on land on which sewage
sludge was applied; or
``(ii) consumed animal feed produced on
land on which sewage sludge was applied.''.
(e) Special Rules for Organic Foods.--
(1) Crop production.--Section 2109 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6508) is amended by adding at
the end the following new subsection:
``(d) Use of Sewage Sludge.--Notwithstanding section 402(h) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(h)) and section
4(a)(9) of the Egg Products Inspection Act (21 U.S.C. 1033(a)(9)),
foods labeled `100 percent organic', `organic', or `made with organic
ingredients' may not be produced using sewage sludge.''.
(2) Animal production.--Section 2110 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6509) is amended by adding at
the end the following new subsection:
``(h) Use of Sewage Sludge.--Notwithstanding section 1(m)(10) of
the Federal Meat Inspection Act (21 U.S.C. 601(m)(10)) and section
4(g)(9) of the Egg Products Inspection Act (21 U.S.C. 453(g)(9)), any
livestock that is to be slaughtered and sold or labeled as `organically
produced' or that is to be used in the production of foods labeled `100
percent organic', `organic', or `made with organic ingredients' may not
be raised using sewage sludge.''. | Amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act and the Poultry Products Inspection Act to deem food, eggs, egg products, meat, meat products, and poultry products adulterated if they are produced, or are from poultry or livestock that consumed feed produced, on land on which sewage sludge was applied unless certain requirements are met. Prohibits labeling such food as organic if sewage sludge was used to produce such food. | {"src": "billsum_train", "title": "To amend the Food, Drug, and Cosmetic Act and the egg, meat, and poultry inspection laws to ensure that consumers receive notification regarding food products produced from crops, livestock, or poultry raised on land on which sewage sludge was applied."} | 1,721 | 116 | 0.5852 | 1.586012 | 0.573982 | 3.119565 | 15.880435 | 0.836957 |
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON SERVICE DOG
TRAINING.
(a) Pilot Program Required.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
commence a pilot program to assess the feasibility and advisability of
using service dog training activities as components of integrated post-
deployment mental health and post-traumatic stress disorder
rehabilitation programs at Department of Veterans Affairs medical
centers--
(1) to positively affect veterans with post-deployment
mental health conditions or post-traumatic stress disorder
symptoms; and
(2) to produce specially trained service dogs for veterans.
(b) Duration.--The Secretary shall carry out the pilot program
during the three-year period beginning on the date of the commencement
of the pilot program.
(c) Location.--
(1) In general.--The pilot program shall be carried out at
one Department of Veterans Affairs medical center selected by
the Secretary for such purpose other than in the Department of
Veterans Affairs Palo Alto health care system in Palo Alto,
California. In selecting medical centers for the pilot program,
the Secretary shall--
(A) ensure that the medical center selected--
(i) has an established mental health
rehabilitation program that includes a clinical
focus on rehabilitation treatment of post-
deployment mental health disorder and post-
traumatic stress disorder; and
(ii) has a demonstrated capability and
capacity to incorporate service dog training
activities into the rehabilitation program; and
(B) shall review and consider using recommendations
published by experienced service dog trainers
regulations in the art and science of basic third-party
dog training and owner-training dogs with regard to
space, equipment, and methodologies.
(2) Participation of rural veterans.--In selecting a
medical center for the pilot program required under subsection
(a), the Secretary shall give special consideration to
Department of Veterans Affairs medical centers that are located
in States that the Secretary considers rural or highly rural.
(d) Design of Pilot Program.--In carrying out the pilot program,
the Secretary shall--
(1) administer the program through the Department of
Veterans Affairs Patient Care Services Office as a
collaborative effort between the Rehabilitation Office and the
Office of Mental Health Services;
(2) ensure that the national pilot program lead of the
Patient Care Services Office has sufficient administrative
experience to oversee the pilot program site;
(3) ensure that dogs selected are healthy and age- and
temperament-appropriate for use in the pilot program;
(4) consider dogs residing in animal shelters or foster
homes for participation in the program if such dogs meet the
service dog candidate selection under this subsection;
(5) ensure that each dog selected for the pilot program--
(A) is taught all basic commands and behaviors;
(B) undergoes public access training; and
(C) receives training specifically tailored to
address the mental health conditions or disabilities of
the veteran with whom the dog is paired;
(6) provide professional support for all training under the
pilot program; and
(7) provide or refer participants to business courses for
managing a service dog training business.
(e) Veteran Participation.--Veterans diagnosed with post-traumatic
stress disorder or another post-deployment mental health condition may
volunteer to participate in the pilot program.
(f) Hiring Preference.--In hiring service dog training instructors
for the pilot program, the Secretary shall give a preference to
veterans who have a post-traumatic stress disorder or other mental
health condition.
(g) Collection of Data.--
(1) In general.--The Secretary shall collect data on the
pilot program to determine the effectiveness of the pilot
program in positively affecting veterans with post-traumatic
stress disorder or other post-deployment mental health
condition symptoms and the feasibility and advisability of
expanding the pilot program to additional Department of
Veterans Affairs medical centers.
(2) Manner of collection.--Data described in paragraph (1)
shall be collected and analyzed using a scientific peer-
reviewed system, valid and reliable results-based research
methodologies, and instruments.
(h) Reports.--
(1) Annual reports.--
(A) In general.--Not later than one year after the
date of the commencement of the pilot program and
annually thereafter for the duration of the pilot
program, the Secretary shall submit to Congress a
report on the pilot program.
(B) Elements.--Each such report required by
subparagraph (A) shall include the following:
(i) The number of veterans participating in
the pilot program.
(ii) A description of the services carried
out by the Secretary under the pilot program.
(iii) The effects that participating in the
pilot program has on veterans with post-
traumatic stress disorder and post-deployment
adjustment symptoms.
(2) Final report.--At the conclusion of the pilot program,
the Secretary shall submit to Congress a final report that
includes recommendations with respect to the feasibility and
advisability of extending or expanding the pilot program. | Directs the Secretary of Veterans Affairs to commence a three-year pilot program to assess the feasibility and advisability of using service dog training activities as components of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at Department of Veterans Affairs (VA) medical centers to positively affect veterans with such symptoms and to produce specially trained service dogs for veterans. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the advisability of expanding the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to carry out a pilot program on service dog training therapy, and for other purposes."} | 1,047 | 174 | 0.700542 | 2.087682 | 0.88541 | 4.2 | 6.522581 | 0.922581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Grace Period Restoration Act of
2015''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds the following:
(1) Language in the Leahy-Smith America Invents Act (Public
Law 112-29; 125 Stat. 284) and regulations and examination
guidelines issued by the United States Patent and Trademark
Office implementing provisions of that Act have created
uncertainty regarding the scope of the 1-year grace period
during which an inventor who discloses an invention to the
public may decide whether to file a patent application for the
invention (referred to in this Act as the ``grace period'').
(2) The regulatory reading of the Leahy-Smith America
Invents Act does not comport with the intent of the sponsors of
that Act.
(3) In performing more than 50 percent of all basic
research in the United States and pursuing the transfer of
research results to the private sector for the benefit of the
public under the auspices of chapter 18 of title 35, United
States Code (commonly known as the ``Bayh-Dole Act''),
institutions of higher education and government laboratories
face a difficult and expensive challenge in gaining and
utilizing the full scope of patent rights.
(4) The uncertainty relating to the grace period created by
the Leahy-Smith America Invents Act adds to the challenge faced
by institutions of higher education and government laboratories
in gaining and utilizing the full scope of patent rights.
(5) Job growth and the creation of start-up companies and
small businesses are thwarted by uncertainty as to the scope of
the grace period and by the difficulty and expense of gaining
and utilizing patent rights, which hinders the economy of the
United States and the technological leadership of the United
States in a competitive global economy.
(6) Ambiguity and uncertainty in statutory text and
government regulations breed abusive and expensive patent
litigation.
(7) Discouragement of scientific research publication--
(A) delays the disclosure of scientific advances to
the public;
(B) thwarts scientific advances;
(C) chills collaborative research activities; and
(D) delays, if not denies, the opportunity for the
public to realize the benefits of research results.
(8) Misappropriation by third parties of disclosed
inventions is likely to increase, especially in countries that
take advantage of the technological prowess of the United
States without appropriately compensating inventors.
(9) Secrecy is anathema to--
(A) the maintenance of a viable United States
patent system;
(B) the constitutional purpose of the United States
patent system; and
(C) the goal of the United States patent system of
promoting scientific progress.
(10) In the words of David J. Kappos, who served as the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
during the enactment of the Leahy-Smith America Invents Act,
the grace period before the enactment of the Leahy-Smith
America Invents Act was ``the gold standard of best
practices''.
(b) Purposes.--The purposes of this Act are--
(1) to correct the drafting problem in the Leahy-Smith
America Invents Act relating to the grace period; and
(2) to maintain the position of leadership of the United
States in educational, technological, and scientific progress.
SEC. 3. DISCLOSURES FOLLOWING A PUBLIC DISCLOSURE OF A CLAIMED
INVENTION BY AN INVENTOR.
Section 102(b) of title 35, United States Code, is amended by
adding at the end the following:
``(3) Disclosures by any person after public disclosure of
a claimed invention by an inventor.--
``(A) Definitions.--In this paragraph--
``(i) the term `covered person', with
respect to a claimed invention, means--
``(I) the inventor;
``(II) a joint inventor; or
``(III) another who obtained the
claimed invention directly or
indirectly from the inventor or a joint
inventor; and
``(ii) the term `relevant section 112(a)
requirements' means the requirements for a
specification under section 112(a) other than
the requirement to set forth the best mode of
carrying out the invention.
``(B) Public disclosure.--A disclosure by any
person shall not be prior art to a claimed invention
under subsection (a) or section 103 if--
``(i) the disclosure is made under
subsection (a)(1) or effectively filed under
subsection (a)(2) 1 year or less before the
effective filing date of the claimed invention;
and
``(ii) before the disclosure described in
clause (i) is made or filed, and 1 year or less
before the effective filing date of the claimed
invention, the claimed invention is publicly
disclosed in a printed publication by a covered
person in a manner that satisfies the relevant
section 112(a) requirements.
``(C) Determination that public disclosure would
have satisfied specification requirements.--In
determining under subparagraph (B) whether a claimed
invention was publicly disclosed in a printed
publication by a covered person in a manner that
satisfied the relevant section 112(a) requirements--
``(i) only the state of the art known on
and before the date of the disclosure may be
considered; and
``(ii) satisfaction of the relevant section
112(a) requirements may be--
``(I) established by 1 or more
public disclosures in printed
publications made by a covered person
during the period of 1 year or less
between--
``(aa) the disclosure by
the covered person described in
subparagraph (B)(ii); and
``(bb) the effective filing
date of the claimed invention;
and
``(II) supported by statements
under declaration or oath relating to
the existence and content of the public
disclosure or disclosures in printed
publications described in subclause
(I).
``(D) Presumption of validity.--An applicant for a
patent shall present to the Patent and Trademark
Office, before the Patent and Trademark Office issues a
notice of allowance of the application for the patent,
each disclosure under subparagraph (C)(ii)(I) and any
statement under subparagraph (C)(ii)(II) in order for
the section 112(a) support provided by each such
disclosure or statement under subparagraph (C)(ii) to
be taken into account under the section 282(a)
presumption of validity of an issued patent.
``(E) Certain disclosures not prior art.--A
disclosure described in paragraph (1)(A), (2)(A), or
(2)(C) shall not be prior art to a claimed invention
under this paragraph.
``(F) Procedures.--The Patent and Trademark Office
may establish procedures to carry out this
paragraph.''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if enacted as
part of the Leahy-Smith America Invents Act (Public Law 112-29; 125
Stat. 284). | Grace Period Restoration Act of 2015 Amends federal patent law to revise the one-year grace period under the Leahy-Smith America Invents Act (AIA) that prohibits certain pre-filing disclosures made during the year preceding the effective filing date of a claimed invention from being considered prior art that would make the claim ineligible for a patent based on lack of novelty or obvious subject matter grounds. (A disclosure that is prior art generally means that a patent cannot be issued for a claimed invention because the invention was already patented, described in a printed publication, in public use, on sale, available to the public, or described in an issued patent or a previously filed application.) Prohibits an inventor's or any other person's pre-filing disclosure from barring the patentability of certain claims based on lack of novelty or obvious subject matter grounds if, before such disclosure and within the one-year period before the filing date, the claimed invention was already publicly disclosed in a printed publication by the inventor, a joint inventor, or another who obtained the claimed invention from the inventor or a joint inventor. Allows an inventor who discloses an invention in a printed publication in such a manner in the year before filing a patent claim for the invention to remain entitled to the patent, regardless of any subsequent disclosures by third parties. Excludes certain disclosures from being considered prior art under the revised grace period. Requires the amendments made by this Act to take effect as if enacted as part of the AIA. | {"src": "billsum_train", "title": "Grace Period Restoration Act of 2015"} | 1,610 | 343 | 0.520784 | 1.745417 | 0.781413 | 2.138889 | 5.045139 | 0.805556 |
OF ACTION THROUGH
ALTERNATIVE DISPUTE RESOLUTION.
(a) In General.--
(1) State cases.--A covered health care malpractice action
may not be brought in any State court during a calendar year
unless the covered health care malpractice claim that is the
subject of the action has been initially resolved under an
alternative dispute resolution system certified for the year by
the Attorney General under section 6(a), or, in the case of a
State in which such a system is not in effect for the year,
under the alternative Federal system established under section
6(b).
(2) Federal diversity actions.--A covered health care
malpractice action may not be brought in a Federal court under
section 1332 of title 28, United States Code, during a calendar
year unless the covered health care malpractice claim that is
the subject of the action has been initially resolved under the
alternative dispute resolution system described in paragraph
(1) that applied in the State whose law applies in such action.
(b) Initial Resolution of Claims Under ADR.--For purposes of
subsection (a), an action is ``initially resolved'' under an
alternative dispute resolution system if--
(1) the ADR reaches a decision on whether the defendant is
liable to the plaintiff for damages; and
(2) if the ADR determines that the defendant is liable, the
ADR reaches a decision regarding the amount of damages assessed
against the defendant.
(c) Procedures for Filing Actions.--
(1) Notice of intent to contest decision.--
(A) In general.--Not later than 60 days after a
decision is issued with respect to a covered health
care malpractice claim under an alternative dispute
resolution system, each party affected by the decision
shall submit a sealed statement to a court of competent
jurisdiction, selected by the arbitrator, indicating
whether the party intends to contest the decision.
(B) Sealed statements.--Each sealed statement
submitted to a court under subparagraph (A) shall
remain sealed until the earlier of--
(i) the date on which all affected parties
have submitted such statement; or
(ii) the submission deadline described in
subparagraph (A).
(2) Requirements for filing action.--A covered health care
malpractice action may not be brought by a party unless--
(A) such party files the action in a court of
competent jurisdiction not later than 90 days after the
decision resolving the covered health care malpractice
claim that is the subject of the action is issued under
the applicable alternative dispute resolution system;
and
(B) any party has filed the notice of intent
required by paragraph (1).
(3) Court of competent jurisdiction.--For purposes of this
subsection, the term ``court of competent jurisdiction''
means--
(A) with respect to actions filed in a State court,
the appropriate State trial court; and
(B) with respect to actions filed in a Federal
court, the appropriate United States district court.
(d) Legal Effect of Uncontested ADR Decision.--A decision reached
under an alternative dispute resolution system that is not contested
under subsection (c) shall, for purposes of enforcement by a court of
competent jurisdiction, have the same status in the court as the
verdict of a covered health care malpractice action adjudicated in a
State or Federal trial court.
(e) Standard of Judicial Review.--The standard of judicial review
of a claim filed under subsection (c) shall be de novo.
(f) Award of Costs and Attorneys' Fees After Initial ADR
Resolution.--
(1) In general.--In the case of a covered health care
malpractice action brought in any State or Federal court after
ADR, if the final judgment or order issued (exclusive of costs,
expenses, and attorneys' fees incurred after judgment or trial)
in the action is not more favorable to a party contesting the
ADR decision than the ADR decision, the opposing party may file
with the court, not later than 10 days after the final judgment
or order is issued, a petition for payment of costs and
expenses, including attorneys' fees, incurred with respect to
the claim or claims after the date of the ADR decision.
(2) Award of costs and expenses.--If the court finds, under
a petition filed under paragraph (1), with respect to a claim
or claims, that the judgment or order finally obtained is not
more favorable to the party contesting the ADR decision with
respect to the claim or claims than the ADR decision, the court
shall order the contesting party to pay the costs and expenses
of the opposing party, including attorneys' fees, incurred with
respect to the claim or claims after the date of the ADR
decision, unless the court finds that requiring the payment of
such costs and expenses would be manifestly unjust.
(3) Limitation.--Attorneys' fees awarded under this
subsection shall be in an amount reasonably attributable to the
claim or claims involved, calculated on the basis of an hourly
rate of the attorney, which may not exceed that which the court
considers acceptable in the community in which the attorney
practices law, taking into account the attorney's
qualifications and experience and the complexity of the case.
Attorneys' fees under this subsection may not exceed--
(A) the actual cost incurred by the party for
attorneys' fees payable to an attorney for services in
connection with the claim or claims; or
(B) if no such cost was incurred by the party due
to a contingency fee agreement, a reasonable cost that
would have been incurred by the party for noncontingent
attorneys' fees payable to an attorney for services in
connection with the claim or claims.
(g) Applicability.--The requirements of this section shall apply
only to each covered health care malpractice claim arising out of an
event (or events) occurring on or after the date that is 270 days after
the date of enactment of this Act.
SEC. 5. BASIC REQUIREMENTS FOR STATE ALTERNATIVE DISPUTE RESOLUTION
SYSTEMS.
The alternative dispute resolution system of a State meets the
requirements of this section if the system--
(1) applies to all covered health care malpractice claims
under the jurisdiction of the courts of such State;
(2) requires that a written opinion resolving the dispute
be issued not later than 180 days after the date on which each
party against whom the claim is filed has received notice of
the claim (other than in exceptional cases for which a longer
period is required for the issuance of such an opinion), and
that the opinion contain--
(A) findings of fact relating to the dispute; and
(B) a description of the costs incurred in
resolving the dispute under the system (including any
fees paid to the individuals hearing and resolving the
claim), together with an appropriate assessment of the
costs against any of the parties;
(3) requires individuals who hear and resolve claims under
the system to meet such qualifications as the State may require
(in accordance with regulations of the Attorney General);
(4) is approved by the State or by local governments in the
State;
(5) with respect to a State system that consists of
multiple dispute resolution procedures--
(A) permits the parties to a dispute to select the
procedure to be used for the resolution of the dispute
under the system; and
(B) if the parties do not agree on the procedure to
be used for the resolution of the dispute, assigns a
particular procedure to the parties;
(6) provides for the transmittal to the State agency
responsible for monitoring or disciplining health care
professionals and health care providers of any findings made
under the system that such a professional or provider committed
malpractice, unless, during the 90-day period beginning on the
date the system resolves the claim against the professional or
provider, the professional or provider brings an action
contesting the decision made under the system; and
(7) provides for the regular transmittal to the
Administrator of the Agency for Healthcare Research and Quality
of information on disputes resolved under the system, in a
manner that assures that the identity of the parties to a
dispute shall not be revealed.
SEC. 6. CERTIFICATION OF STATE SYSTEMS; APPLICABILITY OF ALTERNATIVE
FEDERAL SYSTEM.
(a) Certification.--
(1) In general.--Not later than 270 days after the date of
enactment of this Act and periodically thereafter, the Attorney
General, in consultation with the Secretary, shall determine
whether the alternative dispute resolution systems of each
State meet the requirements of this Act.
(2) Basis for certification.--The Attorney General shall
certify the alternative dispute resolution system of a State
under this subsection for a calendar year if the Attorney
General determines under paragraph (1) that such system meets
the requirements of section 5.
(b) Applicability of Alternative Federal System.--
(1) Establishment and applicability.--Not later than 270
days after the date of enactment of this Act, the Attorney
General, in consultation with the Secretary, shall establish by
rulemaking an alternative Federal ADR system for the resolution
of covered health care malpractice claims during a calendar
year, to be used for a calendar year in States that do not have
an alternative dispute resolution system that is certified
under subsection (a) for such year.
(2) Requirements for system.--Under the alternative Federal
ADR system established under paragraph (1)--
(A) paragraphs (1), (2), (6), and (7) of section 5
shall apply to claims brought under such system;
(B) the claims brought under such system shall be
heard and resolved by medical and legal experts
appointed as arbitrators by the Attorney General, in
consultation with the Secretary; and
(C) with respect to a State in which such system is
in effect, the Attorney General may (at the request of
such State) modify the system to take into account the
existence of dispute resolution procedures in the State
that affect the resolution of health care malpractice
claims.
(3) Treatment of states with alternative system in
effect.--If the alternative Federal ADR system established
under this subsection is applied with respect to a State for a
calendar year such State shall reimburse the United States, at
such time and in such manner as the Secretary may require, for
the costs incurred by the United States during such year as a
result of the application of the system with respect to the
State.
SEC. 7. GAO STUDY OF PRIVATE LITIGATION INSURANCE.
The Comptroller General of the United States shall--
(1) undertake a study of the effectiveness of private
litigation insurance markets, such as those in the United
Kingdom and Germany, in providing affordable access to courts,
evaluating the merit of prospective claims, and ensuring that
prevailing parties in ``loser pays'' systems are reimbursed for
attorneys' fees; and
(2) not later than 270 days after the date of enactment of
this Act, submit to Congress a report describing the results of
such study. | Fair Resolution of Medical Liability Disputes Act of 2009 - Prohibits a medical malpractice action from being filed in a state court or a federal court under diversity of citizenship jurisdiction unless: (1) the claim that is the subject of the action has been initially resolved under an alternative dispute resolution (ADR) system; and (2) an affected party notifies the appropriate court of the intent to contest the decision and files the action within 90 days after such decision is issued.
Provides: (1) for the payment of an opposing party's court costs and attorneys' fees by the contesting party in the case of a malpractice action brought in court after ADR if the final judgment issued in the action is not more favorable to the contesting party than the ADR decision; and (2) that an uncontested ADR decision shall have the status of a verdict in a court adjudicated action.
Sets forth basic requirements for state ADR systems, including a requirement that they transmit to the state agency responsible for monitoring or disciplining health care providers any findings that a provider committed malpractice. Directs the Attorney General to: (1) certify state ADR systems that meet the requirements of this Act; and (2) establish an alternative federal ADR system for any state that does not establish its own system.
Directs the Comptroller General to study the effectiveness of private litigation insurance markets in providing affordable access to courts, evaluating the merit of prospective claims, and ensuring that prevailing parties in "loser pays" systems are reimbursed for attorney's fees. | {"src": "billsum_train", "title": "A bill to establish Federal standards for the resolution of health care malpractice claims, and for other purposes."} | 2,349 | 328 | 0.625453 | 2.191134 | 0.795691 | 3.293515 | 7.624573 | 0.911263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ombudsman Reauthorization Act of
2002''.
SEC. 2. OFFICE OF OMBUDSMAN.
Section 2008 of the Solid Waste Disposal Act (42 U.S.C. 6917) is
amended to read as follows:
``SEC. 2008. OFFICE OF OMBUDSMAN.
``(a) Definitions.--In this section:
``(1) Agency.--The term `Agency' means the Environmental
Protection Agency.
``(2) Deputy ombudsman.--The term `Deputy Ombudsman' means
any individual appointed by the Ombudsman under subsection
(e)(1)(A)(i).
``(3) Office.--The term `Office' means the Office of the
Ombudsman established by subsection (b)(1).
``(4) Ombudsman.--The term `Ombudsman' means the director
of the Office.
``(b) Establishment.--
``(1) In general.--There is established within the Agency
an office to be known as the `Office of the Ombudsman'.
``(2) Oversight.--
``(A) In general.--The Office shall be an
independent office within the Agency.
``(B) Structure.--To the maximum extent
practicable, the structure of the Office shall conform
to relevant professional guidelines, standards, and
practices.
``(3) Head of office.--
``(A) Ombudsman.--The Office shall be headed by an
Ombudsman, who shall--
``(i) be appointed by the President by and
with the advice and consent of the Senate; and
``(ii) report directly to the
Administrator.
``(B) Qualifications for and restrictions on
employment.--A person appointed as Ombudsman--
``(i) shall have experience as an ombudsman
in a Federal, State, or local government
entity; and
``(ii) shall not have been an employee of
the Agency at any time during the 1-year period
before the date of appointment.
``(C) Term.--The Ombudsman--
``(i) shall serve for a term of 5 years;
and
``(ii) may be reappointed for not more than
1 additional term.
``(D) Removal.--
``(i) In general.--The President may remove
or suspend the Ombudsman from office only for
neglect of duty or malfeasance in office.
``(ii) Communication to congress.--If the
President removes or suspends the Ombudsman,
the President shall communicate the reasons for
the removal or suspension to Congress.
``(c) Duties.--The Ombudsman shall--
``(1) receive, and render assistance concerning, any
complaint, grievance, or request for information submitted by
any person relating to any program or requirement under--
``(A) this Act;
``(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.); or
``(C) any other program administered by the Office
of Solid Waste and Emergency Response of the Agency;
and
``(2) conduct investigations, make findings of fact, and
make nonbinding recommendations to the Administrator concerning
the programs and requirements described in paragraph (1).
``(d) Powers and Responsibilities.--In carrying out this section,
the Ombudsman--
``(1) may investigate any action of the Agency without
regard to the finality of the action;
``(2) may select appropriate matters for action by the
Office;
``(3) may--
``(A) prescribe the methods by which complaints
shall be made to, and received and addressed by, the
Office;
``(B) determine the scope and manner of
investigations made by the Office; and
``(C) determine the form, frequency, and
distribution of conclusions and recommendations of the
Office;
``(4) may request the Administrator to provide the
Ombudsman notification, within a specified period of time, of
any action taken on a recommendation of the Ombudsman;
``(5) may request, and shall be granted by any Federal
agency or department, assistance and information that the
Ombudsman determines to be necessary to carry out this section;
``(6) may examine any record of, and enter and inspect
without notice any property under the administrative
jurisdiction of--
``(A) the Agency; or
``(B) any other Federal agency or department
involved in a matter under the administrative
jurisdiction of the Office of Solid Waste and Emergency
Response of the Agency;
``(7) may--
``(A) issue a subpoena to compel any person to
appear to give sworn testimony concerning, or to
produce documentary or other evidence determined by the
Ombudsman to be reasonable in scope and relevant to, an
investigation by the Office; and
``(B) seek enforcement of a subpoena issued under
subparagraph (A) in a court of competent jurisdiction;
``(8) may carry out and participate in, and cooperate with
any person or agency involved in, any conference, inquiry on
the record, public hearing on the record, meeting, or study
that, as determined by the Ombudsman--
``(A) is material to an investigation conducted by
the Ombudsman; or
``(B) may lead to an improvement in the performance
of the functions of the Agency;
``(9) may administer oaths and hold hearings in connection
with any matter under investigation by the Office;
``(10) may engage in alternative dispute resolution,
mediation, or any other informal process that the Ombudsman
determines to be appropriate to carry out this section;
``(11) may communicate with any person, including Members
of Congress, the press, and any person that submits a
complaint, grievance, or request for information under
subsection (c)(1); and
``(12) shall administer a budget for the Office.
``(e) Administration.--
``(1) In general.--The Ombudsman shall--
``(A)(i) appoint a Deputy Ombudsman for each region
of the Agency; and
``(ii) hire such other assistants and employees as
the Ombudsman determines to be necessary to carry out
this section; and
``(B) supervise, evaluate, and carry out personnel
actions (including hiring and dismissal) with respect
to any employee of the Office.
``(2) Delegation of authority.--The Ombudsman may delegate
to other employees of the Office any responsibility of the
Ombudsman under this section except--
``(A) the power to delegate responsibility;
``(B) the power to issue subpoenas; and
``(C) the responsibility to make recommendations to
the Administrator.
``(3) Contact information.--The Ombudsman shall maintain,
in each region of the Agency, a telephone number, facsimile
number, electronic mail address, and post office address for
the Ombudsman that are different from the numbers and addresses
of the regional office of the Agency located in that region.
``(4) Reports.--The Ombudsman--
``(A) shall, at least annually, publish in the
Federal Register and submit to the Administrator, the
President, the Committee on Environment and Public
Works of the Senate, and the Committee on Energy and
Commerce of the House of Representatives a report on
the status of health and environmental concerns
addressed in complaints and cases brought before the
Ombudsman in the period of time covered by the report;
``(B) may issue reports, conclusions, or
recommendations concerning any other matter under
investigation by the Office;
``(C) shall solicit comments from the Agency
concerning any matter under investigation by the
Office; and
``(D) shall include any comments received by the
Office in written reports, conclusions, and
recommendations issued by the Office under this
section.
``(f) Penalties.--An investigation conducted by the Ombudsman under
this section constitutes--
``(1) a matter under section 1001 of title 18, United
States Code; and
``(2) a proceeding under section 1505 of title 18, United
States Code.
``(g) Employee Protection.--
``(1) In general.--No employer may discharge any employee,
or otherwise discriminate against any employee with respect to
compensation, terms, conditions, or privileges of employment of
the employee, because the employee (or any person acting at the
request of the employee) complied with any provision of this
section.
``(2) Complaint.--Any employee that, in the opinion of the
employee, is discharged or otherwise discriminated against by
any person in violation of paragraph (1) may, not later than
180 days after the date on which the violation occurs, file a
complaint in accordance with section 211 of the Energy
Reorganization Act of 1974 (42 U.S.C. 5851).
``(h) Applicability.--
``(1) In general.--This section--
``(A) does not limit any remedy or right of appeal;
and
``(B) may be carried out notwithstanding any
provision of law to the contrary that provides that an
agency action is final, not reviewable, or not subject
to appeal.
``(2) Effect on procedures for grievances, appeals, or
administrative matters.--The establishment of the Office does
not affect any procedure concerning grievances, appeals, or
administrative matters under this Act or any other law
(including regulations).
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section--
``(A) $3,000,000 for each of fiscal years 2003 and
2004;
``(B) $4,000,000 for each of fiscal years 2005
through 2008; and
``(C) $5,000,000 for each of fiscal years 2009
through 2012.
``(2) Separate line item.--In submitting the annual budget
for the Federal Government to Congress, the President shall
include a separate line item for the funding for the Office.''.
Passed the Senate November 20 (legislative day November
19), 2002.
Attest:
JERI THOMSON,
Secretary. | Ombudsman Reauthorization Act of 2002 - Amends the Solid Waste Disposal Act to revise provisions regarding the Ombudsman.Expands the duties of the Ombudsman to include assisting citizens in resolving problems relating to any program or requirement under this Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as well as any other program administered by the Environmental Protection Agency's (EPA) Office of Solid Waste and Emergency Response Requires the Ombudsman to conduct investigations, make findings of fact, and make nonbinding recommendations concerning such problems.Describes additional administrative and investigative powers of the Ombudsman. Requires the Ombudsman to appoint a Deputy for and maintain contact information in each region of the Agency. Requires annual reports on the status of health and environmental concerns addressed in complaints and cases brought before the Ombudsman.Provides criminal penalties for obstructing the proceedings of or making false or fraudulent statements to the Ombudsman. Protects employees who comply with this Act.Authorizes appropriations for the Ombudsman through FY 2012. | {"src": "billsum_train", "title": "A bill to provide additional authority to the Office of Ombudsman of the Environmental Protection Agency."} | 2,301 | 262 | 0.596485 | 1.571408 | 0.639792 | 3.166667 | 11.33871 | 0.822581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Human Cloning Ban and Stem Cell
Research Protection Act of 2005''.
SEC. 2. PURPOSES.
It is the purpose of this Act to prohibit human cloning and to
protect important areas of medical research, including stem cell
research.
TITLE I--PROHIBITION ON HUMAN CLONING
SEC. 101. PROHIBITION ON HUMAN CLONING.
(a) In General.--The Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) is amended by adding at the end the following:
``CHAPTER X--PROHIBITION ON HUMAN CLONING
``SEC. 1001. PROHIBITION ON HUMAN CLONING.
``(a) Definitions.--In this section:
``(1) Human cloning.--The term `human cloning' means
implanting or attempting to implant the product of nuclear
transplantation into a uterus or the functional equivalent of a
uterus.
``(2) Human somatic cell.--The term `human somatic cell'
means any human cell other than a haploid germ cell.
``(3) Nuclear transplantation.--The term `nuclear
transplantation' means transferring the nucleus of a human
somatic cell into an oocyte from which the nucleus or all
chromosomes have been or will be removed or rendered inert.
``(4) Nucleus.--The term `nucleus' means the cell structure
that houses the chromosomes.
``(5) Oocyte.--The term `oocyte' means the female germ
cell, the egg.
``(6) Unfertilized blastocyst.--The term `unfertilized
blastocyst' means an intact cellular structure that is the
product of nuclear transplantation. Such term shall not be
construed to include any biological product derived from an
intact cellular structure that is the product of nuclear
transplantation, including stem cells, other cells, and
cellular structures.
``(b) Prohibitions on Human Cloning.--It shall be unlawful for any
person or other legal entity, public or private--
``(1) to conduct or attempt to conduct human cloning;
``(2) to ship the product of nuclear transplantation in
interstate or foreign commerce for the purpose of human cloning
in the United States or elsewhere; or
``(3) to export to a foreign country an unfertilized
blastocyst if such country does not prohibit human cloning.
``(c) Protection of Research.--Nothing in this section shall be
construed to restrict practices not expressly prohibited in this
section.
``(d) Right of Action.--Nothing in this section shall be construed
to give any individual or person a private right of action.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(hh) The violation of paragraph (1), (2), or (3) of section
1001(b) (relating to human cloning).''.
(2) Criminal penalties.--Section 303(b) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 333(b)) is amended by
adding at the end the following:
``(7) Notwithstanding subsection (a), any person who
violates section 301(hh) shall be imprisoned not more than 10
years and fined in accordance with title 18, United States
Code, or both.''.
(3) Civil penalties.--Section 303 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at
the end:
``(g)(1) Any person who violates section 301(hh) shall be liable to
the United States for a civil penalty in an amount not to exceed the
greater of--
``(A) $10,000,000; or
``(B) an amount equal to three times the amount of the
gross pecuniary gain resulting from the violation.
``(2) Paragraphs (3) through (5) of subsection (f) apply with
respect to a civil penalty under this subsection to the same extent and
in the same manner as such paragraphs (3) through (5) apply with
respect to a civil penalty under subsection (f).''.
(4) Forfeiture.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333), as amended by paragraph (3), is
amended by adding at the end the following:
``(h) Any property, real or personal, derived from or used to
commit a violation or attempted violation of section 301(hh), or any
property traceable to such property, shall be subject to forfeiture to
the United States in accordance with the procedures set forth in
chapter 46 of title 18, United States Code.''.
SEC. 102. OVERSIGHT REPORTS ON ACTIONS TO ENFORCE CERTAIN PROHIBITIONS.
(a) Report on Actions by Secretary of HHS to Enforce Prohibition on
Human Cloning.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Health and Human Services shall prepare
and submit to the Committee on the Judiciary of the Senate and the
Committee on Energy and Commerce of the House of Representatives a
report that--
(1) describes the actions taken by the Secretary to enforce
the provisions of chapter X of the Federal Food, Drug, and
Cosmetic Act (as added by section 101);
(2) describes the personnel and resources the Secretary has
utilized to enforce the provisions of such chapter; and
(3) contains a list of violations, if any, of the
provisions of such chapter.
(b) Report on Coordination of Enforcement Actions Among Federal,
State, and Local Governments With Respect to Human Cloning.--
(1) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human
Services shall prepare and submit to the Committee on the
Judiciary of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that--
(A) describes how the Secretary coordinates the
enforcement of violations of section 301(hh) of the
Federal Food, Drug, and Cosmetic Act (as added by
section 101) with enforcement actions taken by State or
local government law enforcement officials with respect
to similar State laws relating to human cloning; and
(B) describes the status and disposition of--
(i) Federal appellate litigation with
respect to such section 301(hh) and State
appellate litigation with respect to similar
State laws relating to human cloning; and
(ii) civil litigation, including actions to
appoint guardians, related to human cloning.
(2) Definition.--In this subsection, the term ``similar
State law relating to human cloning'' means a State or local
law that provides for the imposition of criminal penalties on
individuals who are determined to be conducting or attempting
to conduct human cloning (as defined in section 1001 of the
Federal Food, Drug, and Cosmetic Act (as added by section
101)).
(c) Report on International Laws Relating to Human Cloning.--Not
later than 1 year after the date of the enactment of this Act, the
Secretary of Health and Human Services shall prepare and submit to the
Congress a report that--
(1) describes the laws adopted by foreign countries related
to human cloning;
(2) describes the actions taken by the chief law
enforcement officer in each foreign country that has enacted a
law described in paragraph (1) to enforce such law; and
(3) describes the multilateral efforts of the United
Nations and elsewhere to ban human cloning.
TITLE II--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH
SEC. 201. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended by adding at the end the following:
``PART J--ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH
``SEC. 499A. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH,
INCLUDING INFORMED CONSENT, INSTITUTIONAL REVIEW BOARD
REVIEW, AND PROTECTION FOR SAFETY AND PRIVACY.
``(a) Definitions.--
``(1) In general.--The definitions contained in section
1001(a) of the Federal Food, Drug, and Cosmetic Act shall apply
for purposes of this section.
``(2) Other definitions.--In this section:
``(A) Donating.--The term `donating' means giving
without receiving valuable consideration.
``(B) Fertilization.--The term `fertilization'
means the fusion of an oocyte containing a haploid
nucleus with a male gamete (sperm cell).
``(C) Valuable consideration.--The term `valuable
consideration' does not include reasonable payments--
``(i) associated with the transportation,
processing, preservation, or storage of a human
oocyte or of the product of nuclear
transplantation research; or
``(ii) to compensate a donor of one or more
human oocytes for the time or inconvenience
associated with such donation.
``(b) Applicability of Federal Ethical Standards to Nuclear
Transplantation Research.--Research involving nuclear transplantation
shall be conducted in accordance with subpart A of part 46 of title 45,
or parts 50 and 56 of title 21, Code of Federal Regulations (as in
effect on the date of the enactment of the Human Cloning Ban and Stem
Cell Research Protection Act of 2005), as applicable.
``(c) Prohibition on Conducting Nuclear Transplantation on
Fertilized Eggs.--A somatic cell nucleus shall not be transplanted into
a human oocyte that has undergone or will undergo fertilization.
``(d) Fourteen-Day Rule.--An unfertilized blastocyst shall not be
maintained more than 14 days from its first cell division, not counting
any time during which it is stored at temperatures less than zero
degrees centigrade.
``(e) Voluntary Donation of Oocytes.--
``(1) Informed consent.--In accordance with subsection (b),
an oocyte may not be used in nuclear transplantation research
unless such oocyte shall have been donated voluntarily by and
with the informed consent of the woman donating the oocyte.
``(2) Prohibition on purchase or sale.--No human oocyte or
unfertilized blastocyst may be acquired, received, or otherwise
transferred for valuable consideration if the transfer affects
interstate commerce.
``(f) Separation of in Vitro Fertilization Laboratories From
Locations at Which Nuclear Transplantation Is Conducted.--Nuclear
transplantation may not be conducted in the same laboratory or other
physical facility in which human oocytes are subject to assisted
reproductive technology treatments or procedures.
``(g) Civil Penalties.--Whoever intentionally violates any
provision of subsections (b) through (f) shall be subject to a civil
penalty in an amount that is appropriate for the violation involved,
but not more than $250,000.''. | Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations.
Requires the Secretary of Health and Human Services to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) coordination of Federal, State, and local enforcement; and (3) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations. | {"src": "billsum_train", "title": "To prohibit human cloning and protect stem cell research."} | 2,685 | 390 | 0.680395 | 2.039635 | 0.741352 | 4.24359 | 6.961538 | 0.935897 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Over-the-Counter Speculation Act''.
SEC. 2. LARGE OVER-THE-COUNTER TRANSACTIONS.
Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is amended by
adding at the end the following:
``(j) Commission Oversight of Over-the-Counter Transactions.--
``(1) Over-the-counter transactions.--
``(A) Definition.--The term `over-the-counter
transaction' means a contract, agreement, or
transaction in an exempt or agricultural commodity that
is--
``(i) entered into only between persons
that are eligible contract participants at the
time the persons enter into the agreement,
contract, or transaction;
``(ii) not entered into on a trading
facility; and
``(iii) not a sale of any cash commodity
for deferred shipment or delivery.
``(B) All otc transactions included.--
Notwithstanding subsections (g) and (h) and any
exemption issued by the Commission under section 4(c),
each over-the-counter transaction shall be subject to
this subsection.
``(2) Commission oversight authority.--
``(A) In general.--In the case of a major market
disturbance, as determined by the Commission, the
Commission may require any trader required to report
information under paragraph (3) to take such action as
the Commission considers to be necessary to maintain or
restore orderly trading in any contract listed for
trading on a registered entity, including--
``(i) the liquidation of any over-the-
counter transaction; and
``(ii) the fixing of any limit that may
apply to a market position involving any over-
the-country transaction acquired in good faith
before the date of the determination of the
Commission.
``(B) Major market disturbance.--The term `major
market disturbance' means any market disturbance in a
commodity market that prevents the commodity market
from accurately reflecting the forces of supply and
demand for a commodity, including--
``(i) a threatened or actual market
manipulation or corner;
``(ii) excessive speculation; and
``(iii) any action of the United States or
a foreign government that affects a commodity.
``(C) Market disturbance.--The term `market
disturbance' shall be interpreted in a manner
consistent with section 8a(9).
``(D) Judicial review.--Any action taken by the
Commission under subparagraph (A) shall be subject to
judicial review carried out in accordance with section
8a(9).
``(3) Reporting; recordkeeping.--
``(A) In general.--The Commission shall require
each covered person to submit to the Commission a
report at such times and in such manner as the
Commission determines appropriate, and containing the
information required under subparagraph (C) to assist
the Commission in detecting and preventing potential
price manipulation of, or excessive speculation in, any
contract listed for trading on a registered entity.
``(B) Covered person.--In this subsection, the term
`covered person' means a person that enters into an
over-the-counter transaction the reporting of which is
required as the result of a determination made under
paragraph (D).
``(C) Contents of report.--A report required under
subparagraph (A) shall contain--
``(i) information describing large trading
positions of the covered person obtained
through 1 or more over-the-counter transactions
that involve--
``(I) substantial quantities of a
commodity in the cash market; or
``(II) substantial positions,
investments, or trades in agreements or
contracts relating to the commodity;
and
``(ii) any other information relating to
each covered over-the-counter transaction
carried out by the covered person that the
Commission determines to be necessary to
accomplish the purposes described in
subparagraph (A).
``(D) Large transactions.--The Commission shall
identify the large over-the-counter transactions or
class of large over-the-counter transactions the
reporting of which the Commission determines to be
appropriate to assist the Commission in detecting and
preventing potential price manipulation of, or
excessive speculation in, any contract listed for
trading on a registered entity. In making the
determinations as to which over-the-counter
transactions shall be reported, the Commission shall
consider the extent to which one or more of the
following criteria applies--
``(i) a standardized agreement is used to
execute the transaction;
``(ii) the transaction settles against any
price (including the daily or final settlement
price) of 1 or more contracts listed for
trading on a registered entity;
``(iii) the price of the transaction is
reported to a third party, published, or
otherwise disseminated;
``(iv) the price of the transaction is
referenced in any other transaction;
``(v) there is a significant volume of
transactions; and
``(vi) any other factor that the Commission
determines to be appropriate.
``(E) Recordkeeping.--The Commission, by rule,
shall require each covered person--
``(i) in accordance with section 4i, to
maintain such records as directed by the
Commission for a period of 5 years, or longer,
if directed by the Commission; and
``(ii) to provide such records upon request
to the Commission or the Department of Justice.
``(4) Protection of proprietary information.--In carrying
out this subsection, the Commission may not--
``(A) require the real-time publication of any
proprietary information;
``(B) prohibit the commercial sale or licensing of
any real-time proprietary information; and
``(C) except as provided in section 8, publicly
disclose any information relating to any market
position, business transaction, trade secret, or name
of any customer of a covered person.
``(5) Rulemaking.--
``(A) Proposed rulemaking.--Not later than 180 days
after the date of enactment of this subsection, the
Commission shall issue a notice of proposed rulemaking
to specify the information required to be provided and
maintained by a covered person under this subsection.
``(B) Final rule.--Not later than 1 year after the
date of enactment of this subsection, the Commission
shall promulgate a final rule to accomplish the purpose
described in subparagraph (A).''. | Over-the-Counter Speculation Act - Amends the Commodity Exchange Act to authorize the Commodity Futures Trading Commission (CFTC), in the case of a major market disturbance, to require any trader required to report under this Act to take action to maintain or restore orderly trading in any contract listed for trading on a registered entity, including: (1) liquidation of any over-the-counter transaction; and (2) fixing of any limit that may apply to a market position involving any over-the-counter transaction acquired in good faith before the date of the CFTC's determination of a major market disturbance.
Defines "major market disturbance" and "over-the-counter transaction."
Sets forth reporting and recordkeeping requirements. | {"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to provide for the oversight of large trades of over-the-counter energy and agricultural contracts to prevent price manipulation and excessive speculation, and for other purposes."} | 1,439 | 165 | 0.646109 | 1.816934 | 0.762981 | 3.881944 | 9.409722 | 0.895833 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Natural Gas Energy and Alternatives
Rewards Act'' or the ``NGEAR Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish clean energy policies
that--
(1) provide market certainty to drive private and
commercial capital investment in clean energy options;
(2) promote clean energy technologies that will--
(A) lead to increased production, diversity, and
dissemination of energy generation; and
(B) enable the United States to bridge the gap from
foreign energy imports to secure, domestically produced
energy; and
(3) contain clean energy incentives that will--
(A) provide for ongoing increases in energy
demands;
(B) support the growth of jobs and businesses in
America; and
(C) reduce vehicular petroleum use and emissions.
SEC. 3. EXTENSION OF ALTERNATIVE FUELS EXCISE TAX CREDITS.
(a) In General.--Sections 6426(d)(5) and 6426(e)(3) of the Internal
Revenue Code of 1986 are each amended by striking ``December 31, 2011
(September 30, 2014, in the case of any sale or use involving liquefied
hydrogen)'' and inserting ``December 31, 2016''.
(b) Conforming Amendments for Direct Payments.--Paragraph (6) of
section 6427(e) of the Internal Revenue Code of 1986 is amended--
(1) by adding ``and'' at the end of subparagraph (B), and
(2) by striking subparagraphs (C) and (D) and inserting the
following new subparagraph:
``(C) any alternative fuel or alternative fuel
mixture (as defined in subsection (d)(2) or (e)(3) of
section 6426) sold or used after December 31, 2016.''.
(c) Effective Date.--The amendments made by this section shall
apply to fuel sold or used after December 31, 2011.
SEC. 4. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE
REFUELING PROPERTY CREDIT.
(a) In General.--Paragraph (1) of section 30C(g) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) in the case of property of a character subject to an
allowance for depreciation, after December 31, 2016, and''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2011.
SEC. 5. NATURAL GAS ENERGY AND ALTERNATIVES REBATES PROGRAM.
Section 400CC of the Energy Policy and Conservation Act (42 U.S.C.
6374b) is amended to read as follows:
``SEC. 400CC. ALTERNATIVE FUELS BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Alternative fuel.--The term `alternative fuel' means
natural gas, liquid petroleum gas, hydrogen, or fuel cell.
``(2) Alternatively fueled bus.--The term `alternatively
fueled bus' means--
``(A) a school bus (as defined in section 390.5 of
title 49, Code of Federal Regulations) that operates on
alternative fuel;
``(B) a multifunction school activity bus (as
defined in section 571.3 of title 49, Code of Federal
Regulations) that operates on alternative fuel; or
``(C) a motor vehicle that--
``(i) provides public transportation (as
defined in section 5302(a)(10) of title 49,
United States Code); and
``(ii) operates on alternative fuel.
``(3) Eligible entity.--The term eligible entity means--
``(A) a public or private entity providing
transportation exclusively for school students,
personnel, and equipment; or
``(B) a public entity providing mass transit
services to the public.
``(b) Rebate Program.--
``(1) In general.--The Secretary of Transportation shall
establish the Natural Gas Energy and Alternatives Rebates
Program (referred to in this section as the `NGEAR Program') to
subsidize the purchase of alternatively fueled buses by
eligible entities.
``(2) Amounts.--An eligible entity that purchases an
alternatively fueled bus during the period beginning on the
date of the enactment of the NGEAR Act and ending on December
31, 2016, is eligible to receive a rebate from the Department
of Transportation in an amount equal to the lesser of--
``(A) 30 percent of the purchase price of the
alternatively fueled bus; or
``(B) $15,000.
``(3) Application.--Eligible entities desiring a rebate
under this subsection shall submit an application to the
Secretary of Transportation that contains copies of relevant
sales invoices and any additional information that the
Secretary of Transportation may require.''. | Natural Gas Energy and Alternatives Rewards Act or the NGEAR Act - Amends the Internal Revenue Code to extend through 2016: (1) the excise tax credits for alternative fuels and alternative fuel mixtures; and (2) the tax credit for depreciable property used for alternative fuel vehicle refueling, including property relating to hydrogen.
Amends the Energy Policy and Conservation Act to direct the Secretary of Transportation (DOT) to establish a rebate program through 2016 for the purchase of alternatively fueled buses by: (1) a public or private entity providing transportation exclusively for school students, personnel, and equipment; or (2) a public entity providing mass transit services to the public. Allows such entities a rebate equal to the lesser of 30% of the purchase price of such a bus or $15,000. | {"src": "billsum_train", "title": "A bill to promote the domestic development and deployment of natural gas and clean energy technologies."} | 1,098 | 169 | 0.512441 | 1.425874 | 0.675039 | 3.164474 | 6.309211 | 0.901316 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commodity Speculation Reform Act of
2008''.
SEC. 2. AUTHORITY OF COMMODITY FUTURES TRADING COMMISSION TO ISSUE NO
ACTION LETTERS.
Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 2(a)(1)) is
amended by adding at the end the following:
``(G) Authority to issue no action letters to
foreign boards of trade.--
``(i) In general.--Except as provided in
clause (ii), the Commission may not issue a no
action letter to any foreign board of trade
that lists a contract the price of which
settles on the price of a contract traded on an
exchange regulated by the Commission.
``(ii) Exception.--The Commission may issue
a no action letter to a foreign board of trade
described in clause (i) if the foreign board of
trade provides to the Commission information
and data accessibility the scope of which is
comparable to the information and data
accessibility provided to the Commission by
entities under the jurisdiction of the
Commission.''.
SEC. 3. ADDITIONAL EMPLOYEES.
Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is
amended by adding at the end the following:
``(D) Additional employees.--As soon as practicable
after the date of enactment of this subparagraph, the
Commission shall appoint at least 100 full-time
employees (in addition to the employees employed by the
Commission as of the date of enactment of this
subparagraph) to assist in carrying out section
4a(a)(2).''.
SEC. 4. TREATMENT OF PURCHASES OF CERTAIN COMMODITY FUTURES CONTRACTS
AND FINANCIAL INSTRUMENTS.
(a) In General.--Section 4a of the Commodity Exchange Act (7 U.S.C.
6a) is amended--
(1) by striking ``sec. 4a. (a) Excessive speculation'' and
inserting the following:
``SEC. 4A. EXCESSIVE SPECULATION.
``(a) Burden on Interstate Commerce; Trading or Position Limits.--
``(1) In general.--Excessive speculation and''; and
(2) in subsection (a) (as amended by paragraph (1)), by
adding at the end the following:
``(2) Treatment of purchases of certain commodity futures
contracts and financial instruments.--
``(A) Definitions.--In this paragraph:
``(i) Bona fide hedging transaction.--
``(I) In general.--The term `bona
fide hedging transaction' means a
transaction that--
``(aa) represents a
substitute for a transaction to
be made or a position to be
taken at a later time in a
physical marketing channel;
``(bb) is economically
appropriate for the reduction
of risks in the conduct and
management of a commercial
enterprise; and
``(cc) arises from the
potential change in the value
of--
``(AA) assets that
a person owns,
produces, manufactures,
possesses, or
merchandises (or
anticipates owning,
producing,
manufacturing,
possessing, or
merchandising);
``(BB) liabilities
that a person incurs or
anticipates incurring;
or
``(CC) services
that a person provides
or purchases (or
anticipates providing
or purchasing).
``(II) Exclusion.--The term `bona
fide hedging transaction' does not
include a transaction entered into on a
designated contract market for the
purpose of offsetting a financial risk
arising from an over-the-counter
commodity derivative.
``(ii) Over-the-counter commodity
derivative.--The term `over-the-counter
commodity derivative' means any agreement,
contract, or transaction that--
``(I)(aa) is traded or executed in
the United States; or
``(bb) is held by a person located
in the United States;
``(II) is not traded on a
designated contract market or
derivatives transaction execution
facility; and
``(III)(aa) is a put, call, cap,
floor, collar, or similar option of any
kind for the purchase or sale of, or
substantially based on the value of, 1
or more qualifying commodities or an
economic or financial index or measure
of economic or financial risk primarily
associated with 1 or more qualifying
commodities;
``(bb) provides on an executory
basis for the applicable transaction,
on a fixed or contingent basis, of 1 or
more payments substantially based on
the value of 1 or more qualifying
commodities or an economic or financial
index or measure of economic or
financial risk primarily associated
with 1 or more qualifying commodities,
and that transfers between the parties
to the transaction, in whole or in
part, the economic or financial risk
associated with a future change in any
such value without also conveying a
current or future direct or indirect
ownership interest in an asset or
liability that incorporates the
financial risk that is transferred; or
``(cc) is any combination or
permutation of, or option on, any
agreement, contract, or transaction
described in item (aa) or (bb).
``(iii) Over-the-counter commodity
derivative dealer.--The term `over-the-counter
commodity derivative dealer' means a person
that regularly offers to enter into, assume,
offset, assign, or otherwise terminate
positions in over-the-counter commodity
derivatives with customers in the ordinary
course of a trade or business of the person.
``(iv) Qualifying commodity.--The term
`qualifying commodity' means--
``(I) an agricultural commodity;
and
``(II) an energy commodity.
``(B) Regulations.--
``(i) In general.--Not later than 90 days
after the date of enactment of this paragraph,
in accordance with clauses (ii) and (iii), the
Commission shall promulgate regulations to
establish and enforce--
``(I) speculative position limits
for qualifying commodities;
``(II) a methodology--
``(aa) to enable persons to
aggregate the positions held or
controlled by the persons on
designated contract markets, on
derivatives transaction
execution facilities, and in
over-the-counter commodity
derivatives; and
``(bb) to ensure, to the
maximum extent practicable,
that the determinations made by
the Commission with respect to
each person examined under
subparagraph (C) accurately
reflect the net long and net
short positions held or
controlled by the person in the
underlying qualifying
commodity; and
``(III) information reporting rules
to facilitate the monitoring and
enforcement by the Commission of the
speculative position limits established
under subclause (I), including the
monitoring of positions held in over-
the-counter commodity derivatives.
``(ii) Applicability.--
``(I) Position limits.--The
speculative position limits established
under clause (i)(I) shall apply to
position limits that, with respect to
each applicable position limit, expire
during--
``(aa) the spot month;
``(bb) each separate
futures trading month (other
than the spot month); or
``(cc) the sum of each
trading month (including the
spot month).
``(II) Sum of positions.--The
speculative position limits established
under clause (i)(I) shall apply to the
sum of the positions held by a person--
``(aa) on designated
contract markets;
``(bb) on derivatives
transaction execution
facilities; and
``(cc) in over-the-counter
commodity derivatives.
``(iii) Maximum level of position limits.--
In establishing the speculative position limits
under clause (i)(I), the Commission shall set
the speculative position limits at the minimum
level practicable to ensure sufficient market
liquidity for the conduct of bona fide hedging
activities.
``(C) Prohibition relating to certain positions.--
``(i) In general.--Notwithstanding any
other provision of this Act, no person may hold
or control a position, separately or in
combination, net long or net short, for the
purchase or sale of a commodity for future
delivery or, on a futures-equivalent basis, any
option, or an over-the-counter commodity
derivative that exceeds a speculative position
limit established by the Commission under
subparagraph (B)(i)(I).
``(ii) Bona fide hedging transactions.--In
determining whether the sum of a position held
or controlled by a person has exceeded the
applicable speculative position limit
established by the Commission under
subparagraph (B)(i)(I), the Commission shall
not consider positions attributable to a bona
fide hedging transaction.
``(iii) Determination of position limits
for over-the-counter commodity derivative
dealers.--To determine the position of an over-
the-counter commodity derivative dealer, the
sum of the positions held or controlled by the
over-the-counter commodity derivative dealer
shall be--
``(I) calculated on the last day of
each month; and
``(II) considered, for the monthly
period covered by the determination, to
be the average daily net position held
or controlled by the over-the-counter
commodity derivative dealer for the
period beginning on the first day of
the month and ending on the last day of
the month.''.
(b) Reports.--
(1) Necessary additional funding.--Not later than 45 days
after the date of enactment of this Act, the Commodity Futures
Trading Commission (referred to in this subsection as the
``Commission'') shall submit to the Committee on Appropriations
of the House of Representatives and the Committee on
Appropriations of the Senate a report providing the
recommendations of the Commission for any additional funding
that the Commission considers to be necessary to carry out the
amendments made by subsection (a), including funding for
additional staffing and technological needs.
(2) Speculative activity trends.--
(A) Study.--The Commission shall conduct a study--
(i) to identify trends in speculative
activity relating to metals; and
(ii) to determine whether the authority of
the Commission under section 4a(a)(2) of the
Commodity Exchange Act (7 U.S.C. 6a(a)(2)) (as
added by subsection (a)(2)) should be extended
to cover the trading of metals.
(B) Report.--Not later than 180 days after the date
of enactment of this Act, the Commission shall submit a
report containing the results of the study conducted
under subparagraph (A) to--
(i) the Committee on Agriculture of the
House of Representatives;
(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
(iii) the Committee on Homeland Security
and Governmental Affairs of the Senate.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection. | Commodity Speculation Reform Act of 2008 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from issuing a no action letter to any foreign board of trade that lists a contract whose price settles on the price of a contract traded on an exchange regulated by the CFTC, unless the foreign board provides the CFTC with information and data accessibility comparable to those provided the CFTC by entities under its jurisdiction.
Directs the CFTC to: (1) promulgate regulations to establish and enforce speculative position limits for qualifying commodities, a methodology for aggregating specified positions, and information reporting rules to facilitate monitoring and enforcement of speculative position limits and over-the-counter commodity derivatives; and (2) appoint at least 100 additional full-time employees to assist in carrying out such requirements.
Prohibits a person from holding or controlling a position, separately or in combination, net long or net short, for the purchase or sale of a commodity for future delivery or, on a futures-equivalent basis, any option, or an over-the-counter commodity derivative that exceeds CFTC speculative position limits.
Instructs the CFTC to study and report to certain congressional committees regarding: (1) trends in speculative activity relating to metals; and (2) possible extension of CFTC authority to cover trading of metals. | {"src": "billsum_train", "title": "A bill to amend the Commodity Exchange Act to clarify the treatment of purchases of certain commodity futures contracts and financial instruments with respect to limits established by the Commodity Futures Trading Commission relating to excessive speculation, and for other purposes."} | 2,551 | 317 | 0.599539 | 1.722819 | 0.736892 | 4.035573 | 8.968379 | 0.881423 |
That this Act may be
referred to as the ``Insular Areas Policy Act''.
Sec. 2. Definitions.--For the purposes of this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior;
(2) The term ``insular area'' means the territories of
Guam, the Virgin Islands, American Samoa, the Commonwealth of
the Northern Mariana Islands, and the Trust Territory of the
Pacific Islands (Palau) until such time as the Trust Territory
of the Pacific Islands is terminated; and
(3) The term ``Council'' means the Insular Areas Policy
Council as established under section 3 of this Act.
Sec. 3. Insular Areas Policy Council.--(a) In order to coordinate
the actions of the Federal Government with respect to the insular areas
under the jurisdiction of the Secretary, there is hereby established an
Insular Areas Policy Council.
(b) The Council shall be composed of the following Federal
officials or their designees: the Secretaries of State, Defense,
Commerce, Treasury, Labor, Health and Human Services, Agriculture,
Housing and Urban Development, Education, Veterans Affairs, the
Administrator of the Small Business Administration, the Administrator
of the Environmental Protection Agency, the Director of the Federal
Emergency Management Agency, the Attorney General, and the Secretary of
the Interior who shall serve as Chairman of the Council. The Chairman
may request the participation of any other Federal agency in the work
of the Council.
(c) The Council shall meet at such time as the Chairman may
request, but not less often than twice a year to:
(1) Review the activities of the Department of the Interior
and other Federal agencies with respect to the insular areas;
(2) Identify Federal funding priorities with respect to the
insular areas;
(3) Review and approve, with any modifications decided upon
by the Council, the ``State of the Islands'' report pursuant to
section 4 of this bill;
(4) Determine the appropriate role of the insular areas in
the foreign and domestic policy of the United States and the
effects of such policy on those areas;
(5) Make such recommendations to the President and the
Congress regarding the insular areas as they determine to be
appropriate; and
(6) Consider any other appropriate matters which Council
members may suggest.
Sec. 4. Report.--(a) The President shall prepare and transmit a
``State of the Islands'' report (hereinafter in this section referred
to as the ``Report'') to the appropriate committees of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate not later than March 1 of each
year.
(b) Each Federal agency with programs operating in the insular
areas under the jurisdiction of the Secretary of the Interior shall
report to the Secretary on such activities no later than November 15 of
each year. The Secretary of the Interior shall prepare a draft of the
Report and submit such draft to the head of government of each of the
insular areas for comment. The Secretary shall then submit the Report,
with such changes as he deems appropriate, to the Insular Areas Policy
Council along with the comments which he has received from the insular
area governments for review no later than January 15 of each year.
After consideration by the Council, the Report shall be submitted to
the President, with any modifications decided upon by the Council, for
transmittal to the Congress.
(c) For each of the insular areas the Report shall include data
summarizing social, economic, and political conditions and trends
through the preceding fiscal years; a statement of current policy
issues, foreseeable future developments, and recommended short-term and
long-term policy objectives. The report shall include, but not be
limited to, information for each insular area on: population;
immigration and emigration; public health; crime and law enforcement;
public infrastructure including utilities, transportation and
communications; housing; income; private sector activities and
development potential; employment; education and training; the fiscal
position of the local government; amounts and uses of Federal direct
and indirect assistance including, but not limited to, tax and trade
policies; the efficiency of local government; international obligations
or undertakings regarding the area; compliance with legislative
mandates; a summary of any relevant Federal agency reports or audits;
the applicability or inapplicability of Federal statutory and
administrative actions and their effect; the effectiveness and delivery
of Federal programs; significant differences in the treatment of the
area or its residents under any Federal policy or program relative to
the treatment of the States or their citizens, including the statutory
basis for such treatment, the purposes therefor, and the effects
thereof; and such information as is relevant to his responsibilities in
the Republic of the Marshall Islands and the Federated States of
Micronesia under Public Law 99-239, and the Republic of Palau after
termination of the Trust Territory of the Pacific Islands. The Report
shall clearly state the policy objectives of the President with regard
to each of the insular areas, together with the specific proposals
needed to accomplish such policy objectives.
Sec. 5. Duties of the Secretary.--The Secretary shall:
(a) Provide Federal agencies with such information and advice as
may be necessary to structure Federal programs, laws, or regulations
affecting any insular area to the political, social, cultural, and
economic conditions in such insular area to further the objective of
such program, law, or regulation and to prevent or reduce any adverse
effect upon such insular area;
(b) Inform the local government of any insular area of any Federal
action which would significantly affect such insular area; solicit the
comments and recommendations of such local government and provide those
comments and recommendations together with the Secretary's analysis and
advice to the head of the Department or Agency proposing such action;
and
(c) In consultation with the governments of the insular areas,
assist in the development of the priorities for, and the levels of,
Federal assistance for the next fiscal year, including recommendations
with respect to the allocation of funds among the various agencies with
responsibilities in any of the insular areas and on the appropriate
level of activity by each such agency in order to achieve Federal
policy objectives.
Sec. 6. Use of Federal Agencies.--To the maximum extent
practicable, the Secretary is authorized to use the personnel and
services of other Federal agencies in carrying out his responsibilities
with respect to the insular areas. The head of each Federal agency is
directed to cooperate with the Secretary and to make such personnel and
services available as the Secretary may request. The Secretary shall
reimburse other Federal agencies for the cost of the use of personnel
and services except for the cost of salary and base benefits, unless
such costs are authorized to be provided on a non-reimbursable basis.
Sec. 7. Authorization.--There are hereby authorized to be
appropriated such sums as may be necessary to carry out the purposes of
this Act. | Insular Areas Policy Act - Establishes an Insular Areas Policy Council to coordinate the actions of the Federal Government with respect to the insular areas.
Directs the Council to: (1) review the activities of Federal agencies with respect to the insular areas; (2) identify Federal funding priorities with respect to such areas; (3) review the "State of the Islands" report; and (4) determine the appropriate role of such areas in U.S. domestic and foreign policy and the effects of such policies on those areas.
Requires the President to transmit a "State of the Islands" report to specified congressional committees that shall include data summarizing social, economic, and political conditions, a statement of current policy issues, foreseeable future developments, and recommended policy objectives for each of the insular areas.
Directs the Secretary of the Interior to: (1) provide Federal agencies with assistance necessary to structure Federal programs or laws affecting insular areas to further the objectives of such programs or laws and prevent adverse impacts; (2) inform local governments of such areas of any Federal action which would affect such areas and solicit their comments and recommendations regarding such actions; and (3) assist in the development of priorities for, and levels of, Federal assistance for such areas.
Authorizes appropriations. | {"src": "billsum_train", "title": "Insular Areas Policy Act"} | 1,459 | 269 | 0.674445 | 1.893722 | 0.868926 | 4.179283 | 5.717131 | 0.936255 |
SECTION 1. REPEAL OF RETROACTIVE APPLICATION OF INCOME, ESTATE, AND
GIFT TAX RATE INCREASES.
(a) Income Tax Rates.--
(1) In general.--Section 1 of the Internal Revenue Code of
1986 (relating to tax imposed) is amended by adding at the end
the following new subsection:
``(i) Special Rules for Taxable Years Beginning in 1993.--In the
case of taxable years beginning in calendar year 1993, each of the
tables contained in subsections (a), (b), (c), (d), and (e) shall be
applied--
``(1) by substituting `32.97 percent' for `36 percent',
``(2) by substituting `34.39 percent' for `39.6 percent',
and
``(3) by substituting for the dollar amount of tax in the
last rate bracket the dollar amount determined under such table
by making the substitution described in paragraph (1).''.
(2) Conforming amendments.--
(A) Sections 531 and 541 of the Internal Revenue
Code of 1986 are each amended by inserting ``(34.39
percent in the case of taxable years beginning in
calendar year 1993)'' after ``39.6 percent''.
(B) Paragraph (1) of section 55(b) of such Code is
amended by adding at the end the following new
subparagraph:
``(C) Special rules for 1993.--In the case of any
taxable year beginning in the calendar year 1993,
subparagraph (A)(i) shall be applied by substituting--
``(i) `24.79 percent' for `26 percent' in
subclause (I), and
``(ii) `25.58 percent' for `28 percent' in
subclause (II).''
(C) Section 13201 of the Omnibus Budget
Reconciliation Act of 1993 is amended by striking
subsection (d).
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 1992.
(b) Estate and Gift Tax Rates.--
(1) In general.--Subsection (c) of section 13208 of the
Omnibus Budget Reconciliation Act of 1993 is amended by
striking ``December 31, 1992'' and inserting ``August 10,
1993''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the enactment of the
Omnibus Budget Reconciliation Act of 1993.
SEC. 2. REDUCTION IN ADMINISTRATIVE EXPENSES.
(a) Budget Obligations.--
(1) In general.--The amount obligated by all departments
and agencies for expenses during fiscal years 1994, 1995, and
1996, shall be reduced by an amount sufficient to result in a
reduction of $3,000,000,000 in outlays for expenses during each
of the fiscal years 1994, 1995, and 1996. The Director of the
Office of Management and Budget shall establish obligation
limits for each agency and department in order to carry out the
provisions of this section.
(2) Discretionary spending limits.--The discretionary
spending limits for fiscal years 1994 through 1998 set forth in
section 601(a)(2) of the Congressional Budget Act of 1974 shall
each be reduced by $3,000,000,000 in fiscal year 1994,
$6,000,000,000 in fiscal year 1995, and $9,000,000,000 in each
of the fiscal years 1996, 1997, and 1998.
(3) No negation of general authority of department head
without specific reference.--Notwithstanding any other
provision of this Act or any other Act (regardless of its date
of enactment) that purports to direct the head of a department
or agency to obligate an amount for salaries and expenses for
the purpose of obtaining a particular service or good or to
prohibit the head of a department or agency from obligating
such an amount for any particular service or good, that law
shall not be construed to impair or otherwise affect the duty
and the discretion of the head of a department or agency to
make determinations concerning which particular services of
persons and which particular goods will be obligated for in the
best interest of performing all of the duties assigned to the
department or agency, unless that provision--
(A) makes specific reference to this paragraph; and
(B) states that it is the intent of Congress in
that provision to negate the duty and discretion of the
head of that department or agency so to make such
determinations.
(b) Definition.--For purposes of this section the term ``expenses''
means the object classes identified by the Office of Management and
Budget in Object Classes 21-26 as follows:
(1) 21.0: Travel and Transportation of Persons.
(2) 22.0: Transportation of Things.
(3) 23.2: Rental Payments to Others.
(4) 23.3: Communications, Utilities, and Misc.
(5) 24.0: Printing and Reproduction.
(6) 25.1: Consulting Services.
(7) 25.2: Other Services.
(8) 26.0: Supplies and Materials.
Such term shall not include the expenses of the Department of Defense. | Amends the Internal Revenue Code to repeal the retroactive application of income, estate, and gift tax rate increases.
Requires a reduction in administrative expenses of Federal departments and agencies for FY 1994 through 1996. | {"src": "billsum_train", "title": "A bill to repeal the retroactive application of the income, estate, and gift tax rates made by the Budget Reconciliation Act and reduce administrative expenses for agencies by $3,000,000,000 for each of the fiscal years 1994, 1995, and 1996."} | 1,116 | 46 | 0.490696 | 1.110076 | 0.202425 | 3.717949 | 26 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``10,000 Trained by 2010 Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the National Science Foundation has long been a
government leader in strengthening our Nation's information
infrastructure;
(2) as automation and digitization reach the healthcare
industry, that industry will need to draw heavily on the
expertise of researchers funded by the National Science
Foundation for the collection, processing, and utilization of
information;
(3) the National Science Foundation's basic research,
demonstrations, and curriculum development assistance are all
required to help make sure the industry has the knowledge,
procedures, and workforce necessary to take full advantage of
advanced communications and information technology;
(4) the Bureau of Labor Statistics estimated that 136,000
Americans were employed in 2000 as information management
professionals in the healthcare industry alone, with projected
growth of 49 percent by 2010; and
(5) no systematic plan exists for designing and
implementing systems and information tools and for ensuring
that the healthcare workforce can make the transition to the
information age.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Information.--The term ``information'' means healthcare
information.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.
(a) Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
grants for basic research on innovative approaches to improve
information systems. Research areas may include--
(A) information studies;
(B) population informatics;
(C) translational informatics; and
(D) data security, integrity, and confidentiality.
(2) Merit review; competition.--Grants shall be awarded
under this section on a merit-reviewed, competitive basis.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $3,500,000 for fiscal year 2008;
(B) $3,600,000 for fiscal year 2009;
(C) $3,700,000 for fiscal year 2010; and
(D) $3,800,000 for fiscal year 2011.
(b) Informatics Research Centers.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall award
multiyear grants, subject to the availability of
appropriations, to institutions of higher education (or
consortia thereof) to establish multidisciplinary Centers for
Informatics Research. Institutions of higher education (or
consortia thereof) receiving such grants may partner with one
or more government laboratories, for-profit institutions, or
non-profit institutions.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Purpose.--The purpose of the Centers shall be to
generate innovative approaches in information by conducting
cutting-edge, multidisciplinary research, including in the
research areas described in subsection (a)(1).
(4) Applications.--An institution of higher education (or a
consortium thereof) seeking funding under this subsection shall
submit an application to the Director at such time, in such
manner, and containing such information as the Director may
require. The application shall include, at a minimum, a
description of--
(A) the research projects that will be undertaken
by the Center and the contributions of each of the
participating entities;
(B) how the Center will promote active
collaboration among professionals from different
disciplines, such as information technology
specialists, health professionals, administrators, and
social science researchers; and
(C) how the Center will contribute to increasing
the number of information researchers and other
professionals.
(5) Criteria.--In evaluating the applications submitted
under paragraph (4), the Director shall consider, at a
minimum--
(A) the ability of the applicant to generate
innovative approaches to information and effectively
carry out the research program;
(B) the experience of the applicant in conducting
research in the information field, and the capacity of
the applicant to foster new multidisciplinary
collaborations;
(C) the capacity of the applicant to attract and
provide adequate support for undergraduate and graduate
students to pursue information research; and
(D) the extent to which the applicant will partner
with government laboratories or for-profit or non-
profit entities, and the role the government
laboratories or for-profit or non-profit entities will
play in the research undertaken by the Center.
(6) Annual meeting.--The Director shall convene an annual
meeting of the Centers in order to foster collaboration and
communication between Center participants.
(7) Authorization of appropriations.--There are authorized
to be appropriated for the National Science Foundation to carry
out this subsection--
(A) $4,500,000 for fiscal year 2008;
(B) $4,600,000 for fiscal year 2009;
(C) $4,700,000 for fiscal year 2010; and
(D) $4,800,000 for fiscal year 2011.
SEC. 5. NATIONAL SCIENCE FOUNDATION INFORMATION PROGRAMS.
(a) Capacity Building Grants.--
(1) In general.--The Director, in consultation with the
heads of other Federal agencies as appropriate, shall establish
a program to award grants to institutions of higher education
(or consortia thereof) to establish or improve undergraduate
and master's degree information programs, to increase the
number of students who pursue undergraduate or master's degrees
in information fields, to provide students with experience in
government or industry related to their information studies,
and, to the extent practicable, to do so using distance
learning.
(2) Merit review; competition.--Grants shall be awarded
under this subsection on a merit-reviewed, competitive basis.
(3) Use of funds.--Grants awarded under this subsection
shall be used for activities that enhance the ability of an
institution of higher education (or consortium thereof) to
provide high-quality information education, including
certification and undergraduate and master's degree programs,
and to recruit and retain increased numbers of students to such
programs. Activities may include--
(A) developing and revising curriculum to better
prepare undergraduate and master's degree students for
careers in the information field;
(B) establishing degree and certificate programs in
the information field;
(C) creating opportunities in information research
for undergraduate students;
(D) acquiring equipment necessary for student
instruction in these programs, including the
installation of testbed networks for student use;
(E) providing opportunities for faculty to work
with State, local, or Federal Government agencies,
private industry, and other academic institutions to
develop new expertise or to formulate new information
research directions;
(F) establishing collaborations with other academic
institutions or departments that seek to establish,
expand, or enhance these programs;
(G) establishing student internships for students
in these programs at State, local, and Federal
Government agencies or in private industry;
(H) establishing or enhancing bridge programs in
information fields between community colleges and
universities; and
(I) any other activities the Director, in
consultation with the heads of other Federal agencies
as appropriate, determines will achieve the purposes
described in paragraph (1).
(4) Selection process.--
(A) Application.--An institution of higher
education (or a consortium thereof) seeking funding
under this subsection shall submit an application to
the Director at such time, in such manner, and with
such contents as the Director may require. The
application shall include, at a minimum--
(i) a description of the applicant's
relevant research and instructional capacity,
and in the case of an application from a
consortium of institutions of higher education,
a description of the role that each member will
play in implementing the proposal;
(ii) a comprehensive plan by which the
institution or consortium will build
instructional capacity in information fields;
(iii) a description of relevant
collaborations with State, local, or Federal
Government agencies or private industry that
inform the instructional program;
(iv) a survey of the applicant's historic
student enrollment and placement data and a
study of potential enrollment and placement for
students enrolled in the proposed program; and
(v) a plan to evaluate the success of the
proposed program, including postgraduate
assessment of graduate school and job placement
and retention rates as well as the relevance of
the instructional program to graduate study and
to the workplace.
(B) Awards.--The Director shall ensure, to the
extent practicable, that grants are awarded under this
subsection in a wide range of geographic areas and
categories of institutions of higher education.
(5) Assessment required.--The Director, in consultation
with the heads of other Federal agencies as appropriate, shall
evaluate the program established under this subsection no later
than 3 years after the establishment of the program. At a
minimum, the Director shall evaluate the extent to which the
grants have achieved their objectives of increasing the quality
and quantity of students pursuing undergraduate or master's
degrees in information fields. The Director shall make this
assessment publicly available.
(6) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $9,000,000 for fiscal year 2008;
(B) $9,200,000 for fiscal year 2009;
(C) $9,400,000 for fiscal year 2010; and
(D) $9,600,000 for fiscal year 2011.
(b) Scientific and Advanced Technology Act of 1992.--
(1) Grants.--The Director shall provide grants under the
Scientific and Advanced Technology Act of 1992 for the purposes
of section 3(a) and (b) of that Act, except that the activities
supported pursuant to this subsection shall be limited to
improving education in fields related to information.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Science Foundation to carry
out this subsection--
(A) $7,000,000 for fiscal year 2008;
(B) $7,200,000 for fiscal year 2009;
(C) $7,400,000 for fiscal year 2010; and
(D) $7,600,000 for fiscal year 2011.
Passed the House of Representatives June 6, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Deborah M. Spriggs,
Deputy Clerk. | 10,000 Trained by 2010 Act - Requires the Director of the National Science Foundation (NSF) to award competitive grants for basic research on innovative approaches to improve health care information systems.
Requires the Director to award competitive, multi-year grants to institutions of higher education (IHEs) to establish multidisciplinary Centers for Informatics Research for conducting cutting-edge, multidisciplinary research to generate innovative approaches in health care information. Allows IHEs to partner with one or more government laboratories and for-profit or nonprofit institutions. Requires the Director to convene an annual meeting of the Centers to foster collaboration and cooperation between Center participants.
Requires the Director to award competitive grants to IHEs to establish or improve undergraduate and master's degree health care information programs, attract students to such programs, and provide them with experience in government or industry related to their studies. Requires the Director to evaluate this grant program within three years of establishing it.
Requires the Director to award grants under the Scientific and Advanced Technology Act of 1992 for the purposes of two existing grant programs that provide funds to associate-degree-granting IHEs for: (1) improving education in advanced technology, science, and mathematics; and (2) establishing centers of excellence in such subjects that serve as information clearinghouses and models for other educational institutions. Limits the use of these new grants to improving health information education.
Authorizes appropriations for FY2008-FY2011. | {"src": "billsum_train", "title": "To authorize the National Science Foundation to award grants to institutions of higher education to develop and offer education and training programs."} | 2,208 | 312 | 0.567515 | 1.885462 | 1.000406 | 2.814126 | 7.992565 | 0.851301 |
SECTION 1. ESTABLISHMENT OF DEMONSTRATION GRANT PROGRAM.
(a) In General.--Part D of title IV of the Job Training Partnership
Act (29 U.S.C. 1737 et seq.) is amended by inserting after section 456
the following new section:
``SEC. 457. EMPLOYMENT INFORMATION NETWORK DEMONSTRATION GRANT PROGRAM.
``(a) Authorization.--
``(1) In general.--From the amounts reserved under section
3(c)(6) for each fiscal year to carry out this section, the
Secretary shall provide a grant to a private nonprofit
organization for the purpose of establishing an employment
information network to provide job search services in an
eligible community described in paragraph (2).
``(2) Eligible community.--An eligible community described
in this paragraph is a community which is part of an area with
respect to which the President, within the 3-year period ending
on the date of the enactment of this section, has declared
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) that a major disaster
or emergency exists relating to urban social unrest.
``(3) Period of grant.--A grant received under paragraph
(1) may extend for a period of not less than 3 fiscal years.
``(b) Application.--The Secretary may provide a grant to a private
nonprofit organization under subsection (a) only if such organization
submits to the Secretary an application which contains such information
as the Secretary may reasonably require.
``(c) Use of Funds.--
``(1) Establishment of network.--
``(A) In general.--A private nonprofit organization
shall use amounts received from a grant under
subsection (a) to establish an employment information
network (in this section referred to as the `network')
to provide job search services to unemployed
individuals, underemployed individuals, and
economically disadvantaged individuals in an eligible
community described in subsection (a)(2).
``(B) Composition.--The network shall be composed
of businesses, educational organizations, governmental
entities, labor organizations, and community-based
organizations.
``(2) Activities of network.--The network shall--
``(A) establish and carry out job fairs to help put
unemployed individuals, underemployed individuals, and
economically disadvantaged individuals in touch with
prospective employers and community-based
organizations;
``(B) establish and carry out seminars and
workshops relating to job search skills, interviewing
skills, job retention skills, and other related job
search and employment skills;
``(C) at least once a week, publish and distribute
a periodical containing detailed information on
available jobs in the community; and
``(D) utilize the local broadcast media to provide
information relating to available jobs in the
community.
``(d) Reports.--
``(1) Reports to secretary.--The Secretary may provide a
grant to a private nonprofit organization under subsection (a)
only if such organization agrees to submit to the Secretary, in
each fiscal year in which the Secretary makes payments under
such grant to such organization, a report containing--
``(A) a description and evaluation of the
activities of the Network established under subsection
(c); and
``(B) any other information as the Secretary may
reasonably require.
``(2) Reports to congress.--
``(A) Interim reports.--Not later than 180 days
after the date on which the Secretary receives from a
private nonprofit organization a report under paragraph
(1) in both the 1st and 2d fiscal years in which the
Secretary makes payments under a grant to such
organization, the Secretary shall submit to the
President and the Congress an interim report containing
a compilation of the information contained in each such
report received under paragraph (1).
``(B) Final report.--Not later than 180 days after
the date on which the Secretary receives from a private
nonprofit organization a report under paragraph (1) in
the 3d fiscal year in which the Secretary makes
payments under a grant to such organization, the
Secretary shall submit to the President and the
Congress a final report containing--
``(i) a compilation of the information
contained in such report received under
paragraph (1); and
``(ii) an evaluation of the effectiveness
of the demonstration grants authorized under
subsection (a).''.
(b) Authorization of Appropriations.--Subsection (c) of section 3
of such Act is amended by adding at the end the following new
paragraph:
``(6)(A) From the amount appropriated under paragraph (1) for each
of the fiscal years 1994 through 1996, the Secretary, after making the
reservations under paragraph (2), shall reserve $2,600,000 for each
such fiscal year to carry out section 457.
``(B) Amounts appropriated under paragraph (1) shall remain
available until expended.''.
(c) Conforming Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 456 the
following new item:
``Sec. 457. Employment Information Network Demonstration Program.''. | Amends the Job Training Partnership Act to direct the Secretary of Labor to make a demonstration grant to a private nonprofit organization to establish an employment information network to provide job services in a community which is part of an area with respect to which the President, within the three years ending on the date of enactment of this Act, has declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act that a major disaster or emergency exists relating to urban social unrest. | {"src": "billsum_train", "title": "To amend the Job Training Partnership Act to establish a demonstration grant program for the purpose of establishing an employment information network to provide job search services to unemployed individuals, underemployed individuals, and economically disadvantaged individuals."} | 1,137 | 101 | 0.629799 | 1.732767 | 1.242482 | 5.272727 | 11.920455 | 0.954545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Investment in American Jobs
Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It remains an urgent national priority to improve
economic growth and create new jobs.
(2) National security requires economic strength and global
engagement.
(3) Businesses today have a wide array of choices when
considering where to invest, expand, or establish new
operations.
(4) Administrations of both parties have consistently
reaffirmed the need to maintain an open investment climate as a
key to domestic economic prosperity and security.
(5) The United States has historically been the largest
worldwide recipient of global investment but has seen its share
of inbound global investment decline relative to its gross
domestic product in recent years.
(6) Governors and mayors throughout the United States face
increasing competition from other countries as they work to
recruit investment from global companies.
(7) Foreign direct investment can benefit the economy and
workforce of every State and Commonwealth in the United States.
(8) According to the latest Federal statistics, the United
States subsidiaries of companies headquartered abroad
contribute to the United States economy in a variety of
important ways, including by--
(A) providing jobs for nearly 5,300,000 Americans
with average compensation that is approximately 33
percent higher than the national private-sector
average, as these jobs are often in high-skilled, high-
paying industries;
(B) strengthening the United States industrial base
and employing nearly 15 percent of the United States
manufacturing sector workforce;
(C) establishing operations in the United States
from which to sell goods and services around the world,
thereby producing nearly 18 percent of United States
exports;
(D) promoting innovation with more than
$41,000,000,000 in annual United States research and
development activities;
(E) paying nearly 17 percent of United States
corporate income taxes; and
(F) purchasing more than $1,800,000,000,000 in
domestic goods and services annually from local
suppliers and small businesses, amounting to 80 cents
for every dollar spent on input purchases.
(9) These companies account for 5.8 percent of United
States private sector Gross Domestic Product.
(10) The Secretary of Commerce and the Secretary of State
have declared increasing inbound global investment to be among
their top priorities.
(11) The President issued a statement in 2011 reaffirming
the longstanding open investment policy of the United States
and encouraged all countries to pursue such a policy.
(12) The President signed an Executive order in 2011 to
establish the SelectUSA initiative, aimed at promoting greater
levels of business investment in the United States.
(13) The President's Council on Jobs and Competitiveness in
2011 recommended the establishment of a National Investment
Initiative to attract $1,000,000,000,000 in new business
investment from abroad.
(14) The United States and the European Union recently
unveiled a set of principles aimed at promoting a more open
climate for international investment and intended as a model
for countries around the world.
(15) Maintaining the United States commitment to open
investment policy encourages other countries to do the same and
enables the United States to open new markets abroad for United
States companies and their products.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ability of the United States to attract inbound
investment, particularly net new investment, is directly linked
to the long-term economic prosperity, competitiveness, and
security of the United States;
(2) in order to remain the most attractive location for
global investment, Congress and Federal departments and
agencies should be mindful of the potential impact upon the
ability of the United States to attract foreign direct
investment when evaluating proposed legislation or regulatory
policy;
(3) it is a top national priority to enhance the
competitiveness, prosperity, and security of the United States
by--
(A) removing unnecessary barriers to inward global
investment and the jobs that it creates throughout the
United States; and
(B) promoting policies to ensure the United States
remains the premier destination for global companies to
invest, hire, innovate, and manufacture their products;
and
(4) while foreign direct investment can enhance our
economic strength, policies regarding foreign direct investment
should reflect national security interests.
SEC. 4. AMENDMENT TO FOREIGN DIRECT INVESTMENT AND INTERNATIONAL
FINANCIAL DATA IMPROVEMENTS ACT OF 1990.
Section 3 of the Foreign Direct Investment and International
Financial Data Improvements Act of 1990 (22 U.S.C. 3142) is amended by
adding at the end the following:
``(d) Review of United States Laws and Policies on Foreign Direct
Investment in the United States.--
``(1) Review.--The Secretary of Commerce, in coordination
with the Federal Interagency Investment Working Group and the
heads of other relevant Federal departments and agencies, shall
conduct an interagency review of United States laws and
policies on foreign direct investment in the United States and
develop recommendations to make the United States more
competitive in attracting and retaining strong investment flows
from abroad.
``(2) Additional matters to be included.--The review
conducted pursuant to paragraph (1) shall include the
following:
``(A) A review of the current economic impact of
foreign direct investment in the United States and
broader trends in global cross-border investment flows,
including an assessment of the current United States
competitive position as an investment location for
companies headquartered abroad.
``(B) A review of United States laws and policies
that uniquely apply to foreign direct investment in the
United States, with particular focus on those laws and
policies that may have the effect of diminishing or
promoting the ability of the United States to attract
and retain foreign direct investment.
``(C) A review of ongoing Federal Government
efforts to improve the investment climate, reduce
investment barriers, and facilitate greater levels of
foreign direct investment in the United States.
``(D) Recommendations based on the review carried
out pursuant to subparagraph (B), including a
comparative analysis of efforts of other competing
countries, to make the United States more competitive
in attracting global investment.
``(E) The impact of foreign direct investment on
innovation and national economic competitiveness.
``(F) A review of State and local government
initiatives to attract foreign investment.
``(3) Comment period.--The review conducted under paragraph
(1) shall include an open comment period to solicit public
input on matters covered by the review.
``(4) Inclusion in report.--The Secretary of Commerce shall
include the results of the review conducted pursuant to
paragraph (1) in the first report prepared under subsection (a)
of this section on or after the date of the enactment of the
Global Investment in American Jobs Act of 2012.''.
Passed the House of Representatives September 19, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Global Investment in American Jobs Act of 2012 - Expresses the sense of Congress that: (1) U.S. ability to attract inbound investment (particularly net new investment) is directly linked to U.S. long-term economic prosperity, competitiveness, and security; (2) Congress and federal departments and agencies should be mindful of the potential impact upon U.S. ability to attract foreign direct investment when evaluating proposed legislation or regulatory policy; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to inward global investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier destination for global companies to invest, hire, innovate, and manufacture their products; and (4) U.S. policies regarding foreign direct investment should reflect national security interests.
Amends the Foreign Direct Investment and International Financial Data Improvements Act of 1990 to direct the Secretary of Commerce to conduct an interagency review of U.S. laws and policies on foreign direct investment in the United States and develop recommendations to make the United States more competitive in attracting and retaining strong investment flows from abroad. | {"src": "billsum_train", "title": "To direct the Secretary of Commerce, in coordination with the heads of other relevant Federal departments and agencies, to produce a report on enhancing the competitiveness of the United States in attracting foreign direct investment, and for other purposes."} | 1,421 | 245 | 0.588067 | 1.848919 | 0.857776 | 5.891509 | 6.79717 | 0.957547 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``Aimee's Law''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Dangerous sexual offense.--The term ``dangerous sexual
offense'' means sexual abuse or sexually explicit conduct
committed by an individual who has attained the age of 18 years
against an individual who has not attained the age of 14 years.
(2) Murder.--The term ``murder'' has the meaning given that
term in section 1111 of title 18, United States Code.
(3) Rape.--The term ``rape'' means any conduct constituting
unlawful sexual intercourse with another individual without the
consent of such other individual.
(4) Sexual abuse.--The term ``sexual abuse'' has the
meaning given that term in section 3509 of title 18, United
States Code.
(5) Sexual contact.--The term ``sexual contact'' has the
meaning given that term in section 2246 of title 18, United
States Code.
(6) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given that term in section
2256 of title 18, United States Code.
SEC. 3. REIMBURSEMENT TO STATES FOR CRIMES COMMITTED BY CERTAIN
RELEASED FELONS.
(a) Penalty.--
(1) In general.--Subject to paragraph (2), in any case in
which a State convicts an individual of murder, rape, or a
dangerous sexual offense, who has a prior conviction for any 1
of those offenses in another State, the Attorney General shall
transfer an amount equal to the costs of incarceration,
prosecution, and apprehension of that individual, from Federal
law enforcement assistance funds that have been allocated to
but not distributed to the State that convicted such individual
of the prior offense, to the State account that collects
Federal law enforcement assistance funds of the State that
convicted that individual of the subsequent offense.
(2) Multiple states.--In any case in which a State convicts
an individual of murder, rape, or a dangerous sexual offense,
who has a prior conviction for any 1 or more of those offenses
in more than 1 other State, the Attorney General shall transfer
an amount equal to the costs of incarceration, prosecution, and
apprehension of that individual, from Federal law enforcement
assistance funds that have been allocated to but not
distributed to each State that convicted such individual of the
prior offense, to the State account that collects Federal law
enforcement assistance funds of the State that convicted that
individual of the subsequent offense.
(b) State Applications.--In order to receive an amount transferred
under subsection (a), the chief executive of a State shall submit to
the Attorney General an application, in such form and containing such
information as the Attorney General may reasonably require, which shall
include a certification that the State has convicted an individual of
murder, rape, or a dangerous sexual offense, who has a prior conviction
for 1 of those offenses in another State.
(c) Source of Funds.--Any amount transferred under subsection (a)
shall be derived by reducing the amount of Federal law enforcement
assistance funds received by the State that convicted such individual
of the prior offense before the distribution of the funds to the State.
The Attorney General, in consultation with the chief executive of the
State that convicted such individual of the prior offense, shall
establish a payment schedule.
(d) Construction.--Nothing in this section may be construed to
diminish or otherwise affect any court ordered restitution.
(e) Exception.--This section does not apply if an individual
convicted of murder, rape, or a dangerous sexual offense has escaped
prison and subsequently been convicted for an offense described in
subsection (a).
SEC. 4. COLLECTION OF RECIDIVISM DATA.
(a) In General.--Beginning with calendar year 1999, and each
calendar year thereafter, the Attorney General shall collect and
maintain information relating to, with respect to each State--
(1) the number of convictions during that calendar year for
murder, rape, and any sex offense in the State in which, at the
time of the offense, the victim had not attained the age of 14
years and the offender had attained the age of 18 years; and
(2) the number of convictions described in paragraph (1)
that constitute second or subsequent convictions of the
defendant of an offense described in that paragraph.
(b) Report.--Not later than March 1, 2000, and on March 1 of each
year thereafter, the Attorney General shall submit to Congress a
report, which shall include--
(1) the information collected under subsection (a) with
respect to each State during the preceding calendar year; and
(2) the percentage of cases in each State in which an
individual convicted of an offense described in subsection
(a)(1) was previously convicted of another such offense in
another State during the preceding calendar year. | Aimee's Law - Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one of those offenses in another State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to the State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense.
Directs the Attorney General, in any case in which a State convicts of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for any one or more of those offenses in more than one other State, to transfer an amount equal to the costs of incarceration, prosecution, and apprehension of that individual from Federal law enforcement assistance funds that have been allocated to but not distributed to each State that convicted such individual of the prior offense to the State that convicted that individual of the subsequent offense.
Requires the chief executive officer of a State, in order to receive such transferred funds, to submit to the Attorney General an application including a certification that the State has convicted of murder, rape, or a dangerous sexual offense an individual who has a prior conviction for one of those offenses in another State.
Specifies that any such transferred amount shall be derived by reducing the amount of Federal law enforcement assistance funds received by the State that convicted such individual of the prior offense before the distribution of the funds to the State. Directs the Attorney General to establish a payment schedule.
Makes such provisions inapplicable if an individual convicted of murder, rape, or a dangerous sexual offense has escaped and subsequently been convicted for such an offense.
(Sec. 4) Directs the Attorney General to: (1) collect and maintain information relating to the number of convictions (during the calendar year) for murder, rape, and any sex offense in the State in which, at the time of the offense, the victim had not attained age 14 and the offender had attained age 18, and the number of such convictions that constitute second or subsequent convictions of the defendant of such an offense; and (2) report to Congress. | {"src": "billsum_train", "title": "Aimee's Law"} | 1,096 | 516 | 0.767543 | 2.488426 | 0.780007 | 6.596811 | 2.261959 | 0.961276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Capital Area Interest
Arbitration Standards Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) affordable public transportation is essential to the
economic vitality of the national capital area and is an
essential component of regional efforts to improve air quality
to meet environmental requirements and to improve the health of
both residents of and visitors to the national capital area as
well as to preserve the beauty and dignity of the Nation's
capital;
(2) use of mass transit by both residents of and visitors
to the national capital area is substantially affected by the
prices charged for such mass transit services, prices that are
substantially affected by labor costs, since more than \2/3\ of
operating costs are attributable to labor costs;
(3) labor costs incurred in providing mass transit in the
national capital area have increased at an alarming rate and
wages and benefits of operators and mechanics currently are
among the highest in the Nation;
(4) higher operating costs incurred for public transit in
the national capital area cannot be offset by increasing costs
to patrons, since this often discourages ridership and thus
undermines the public interest in promoting the use of public
transit;
(5) spiraling labor costs cannot be offset by the
governmental entities that are responsible for subsidy payments
for public transit services since local governments generally,
and the District of Columbia government in particular, are
operating under severe fiscal constraints;
(6) imposition of mandatory standards applicable to
arbitrators resolving arbitration disputes involving interstate
compact agencies operating in the national capital area will
ensure that wage increases are justified and do not exceed the
ability of transit patrons and taxpayers to fund the increase;
and
(7) Federal legislation is necessary under Article I of
section 8 of the United States Constitution to balance the need
to moderate and lower labor costs while maintaining industrial
peace.
(b) Purpose.--It is therefore the purpose of this Act to adopt
standards governing arbitration which must be applied by arbitrators
resolving disputes involving interstate compact agencies operating in
the national capital area in order to lower operating costs for public
transportation in the Washington metropolitan area.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``arbitration'' means--
(A) the arbitration of disputes, regarding the
terms and conditions of employment, that is required
under an interstate compact governing an interstate
compact agency operating in the national capital area;
and
(B) does not include the interpretation and
application of rights arising from an existing
collective bargaining agreement;
(2) the term ``arbitrator'' refers to either a single
arbitrator, or a board of arbitrators, chosen under applicable
procedures;
(3) an interstate compact agency's ``funding ability'' is
the ability of the interstate compact agency, or of any
governmental jurisdiction which provides subsidy payments or
budgetary assistance to the interstate compact agency, to
obtain the necessary financial resources to pay for wage and
benefit increases for employees of the interstate compact
agency;
(4) the term ``interstate compact agency operating in the
national capital area'' means any interstate compact agency
which provides public transit services;
(5) the term ``interstate compact agency'' means any agency
established by an interstate compact to which the District of
Columbia is a signatory; and
(6) the term ``public welfare'' includes, with respect to
arbitration under an interstate compact--
(A) the financial ability of the individual
jurisdictions participating in the compact to pay for
the costs of providing public transit services; and
(B) the average per capita tax burden, during the
term of the collective bargaining agreement to which
the arbitration relates, of the residents of the
Washington, D.C. metropolitan area, and the effect of
an arbitration award rendered pursuant to such
arbitration on the respective income or property tax
rates of the jurisdictions which provide subsidy
payments to the interstate compact agency established
under the compact.
SEC. 4. STANDARDS FOR ARBITRATORS.
(a) Factors in Making Arbitrary Award.--An arbitrator rendering an
arbitration award involving the employees of an interstate compact
agency operating in the national capital area may not make a finding or
a decision for inclusion in a collective bargaining agreement governing
conditions of employment without considering the following factors:
(1) The existing terms and conditions of employment of the
employees in the bargaining unit.
(2) All available financial resources of the interstate
compact agency.
(3) The annual increase or decrease in consumer prices for
goods and services as reflected in the most recent consumer
price index for the Washington, D.C. metropolitan area,
published by the Bureau of Labor Statistics of the United
States Department of Labor.
(4) The wages, benefits, and terms and conditions of the
employment of other employees who perform, in other
jurisdictions in the Washington, D.C. standard metropolitan
statistical area, services similar to those in the bargaining
unit.
(5) The special nature of the work performed by the
employees in the bargaining unit, including any hazards or the
relative ease of employment, physical requirements, educational
qualifications, job training and skills, shift assignments, and
the demands placed upon the employees as compared to other
employees of the interstate compact agency.
(6) The interests and welfare of the employees in the
bargaining unit, including--
(A) the overall compensation presently received by
the employees, having regard not only for wage rates
but also for wages for time not worked, including
vacations, holidays, and other excused absences;
(B) all benefits received by the employees,
including previous bonuses, insurance, and pensions;
and
(C) the continuity and stability of employment.
(7) The public welfare.
(b) Compact Agency's Funding Ability.--An arbitrator rendering an
arbitration award involving the employees of an interstate compact
agency operating in the national capital area may not, with respect to
a collective bargaining agreement governing conditions of employment,
provide for salaries and other benefits that exceed the interstate
compact agency's funding ability.
(c) Requirements for Final Award.--In resolving a dispute submitted
to arbitration involving the employees of an interstate compact agency
operating in the national capital area, the arbitrator shall issue a
written award that demonstrates that all the factors set forth in
subsections (a) and (b) have been considered and applied. An award may
grant an increase in pay rates or benefits (including insurance and
pension benefits), or reduce hours of work, only if the arbitrator
concludes that any costs to the agency do not adversely affect the
public welfare. The arbitrator's conclusion regarding the public
welfare must be supported by substantial evidence.
SEC. 5. PROCEDURES FOR ENFORCEMENT OF AWARDS.
(a) Modifications and Finality of Award.--In the case of an
arbitration award to which section 4 applies, the interstate compact
agency and the employees in the bargaining unit, through their
representative, may agree in writing upon any modifications to the
award within 10 days after the award is received by the parties. After
the end of that 10-day period, the award, with any such modifications,
shall become binding upon the interstate compact agency, the employees
in the bargaining unit, and the employees' representative.
(b) Implementation.--Each party to an award that becomes binding
under subsection (a) shall take all actions necessary to implement the
award.
(c) Judicial Review.--Within 60 days after an award becomes binding
under subsection (a), the interstate compact agency or the exclusive
representative of the employees concerned may file a civil action in a
court which has jurisdiction over the interstate compact agency for
review of the award. The court shall review the award on the record,
and shall vacate the award or any part of the award, after notice and a
hearing, if--
(1) the award is in violation of applicable law;
(2) the arbitrator exceeded the arbitrator's powers;
(3) the decision by the arbitrator is arbitrary or
capricious;
(4) the arbitrator conducted the hearing contrary to the
provisions of this Act or other statutes or rules that apply to
the arbitration so as to substantially prejudice the rights of
a party;
(5) there was partiality or misconduct by the arbitrator
prejudicing the rights of a party;
(6) the award was procured by corruption, fraud, or bias on
the part of the arbitrator; or
(7) the arbitrator did not comply with the provisions of
section 4. | National Capital Area Interest Arbitration Standards Act of 1995 - Provides for the adoption of mandatory standards and procedures governing the actions of arbitrators in the arbitration of labor disputes involving transit agencies operating in the Washington, D.C., metropolitan area. | {"src": "billsum_train", "title": "National Capital Area Interest Arbitration Standards Act of 1995"} | 1,824 | 53 | 0.610067 | 1.695114 | 1.088501 | 2.651163 | 41.302326 | 0.976744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saint Francis Dam Disaster National
Memorial Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On March 12, 1928, the Saint Francis Dam located in the
northern portion of Los Angeles County, California, breached,
resulting in a devastating flood that caused the death of
approximately 425 individuals.
(2) The residents of Santa Clarita Valley, San Francisquito
Canyon, Castaic Junction, Santa Clara River Valley, Piru,
Fillmore, Bardsdale, Saticoy, and Santa Paula were directly
impacted and suffered greatly from the worst flood in the
history of the State of California.
(3) The disaster resulted in a tremendous loss of human
life, property, and the livelihood of local residents, and was
surpassed in the level of destruction in the 20th century only
by the great San Francisco earthquake of 1906.
(4) The collapse of the dam may represent America's worst
civil engineering failure in the 20th century.
(5) The site of the disaster is subject to the theft of
historic artifacts, graffiti, and other vandalism.
(6) It is right to pay homage to the citizens who were
killed, injured, or dislocated due to the flood, and to educate
the public about this important historical event.
(7) It is appropriate that the site of the Saint Francis
Dam and surrounding areas be specially designated and protected
to commemorate this tragic event.
SEC. 3. SAINT FRANCIS DAM DISASTER NATIONAL MEMORIAL.
(a) Establishment.--The Secretary is authorized to establish a
memorial at the Saint Francis Dam site in the County of Los Angeles,
California, for the purpose of honoring the victims of the Saint
Francis Dam disaster of March 12, 1928.
(b) Requirements.--The Memorial shall be--
(1) known as the Saint Francis Dam Disaster National
Memorial; and
(2) managed by the Forest Service.
(c) Donations.--The Secretary is authorized to accept, hold,
administer, invest, and spend any gift, devise, or bequest of real or
personal property made to the Secretary for purposes of developing,
designing, constructing, and managing the Memorial.
SEC. 4. RECOMMENDATIONS FOR MEMORIAL.
(a) In General.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall submit to Congress
recommendations regarding--
(1) the planning, design, construction, and long-term
management of the Memorial;
(2) the proposed boundaries of the Memorial;
(3) a visitor center and educational facilities at the
Memorial; and
(4) ensuring public access to the Memorial.
(b) Consultation.--In preparing the recommendations required under
subsection (a), the Secretary shall consult with--
(1) appropriate Federal agencies;
(2) State, tribal, and local governments, including the
Santa Clarita City Council; and
(3) the public.
SEC. 5. ESTABLISHMENT OF SAINT FRANCIS DAM DISASTER NATIONAL MONUMENT.
(a) Establishment.--There is established as a national monument in
the State, certain National Forest System land administered by the
Secretary in the County of Los Angeles comprising approximately 440
acres, as generally depicted on the map entitled ``Proposed Saint
Francis Dam Disaster National Monument'', created on June 14, 2016, to
be known as the Saint Francis Dam Disaster National Monument.
(b) Purpose.--The purpose of the Monument is to conserve and
enhance for the benefit and enjoyment of the public the cultural,
archaeological, historical, watershed, educational, and recreational
resources and values of the Monument.
SEC. 6. DUTIES OF THE SECRETARY WITH RESPECT TO MONUMENT.
(a) Management Plan.--
(1) In general.--Not later than 4 years after the date of
the enactment of this Act, the Secretary shall develop a
management plan for the Monument.
(2) Consultation.--The management plan shall be developed
in consultation with--
(A) appropriate Federal agencies;
(B) State, tribal, and local governments; and
(C) the public.
(3) Considerations.--In developing and implementing the
management plan, the Secretary shall, with respect to methods
of protecting and providing access to the Monument, consider
the recommendations of the Saint Francis Disaster National
Memorial Foundation, the Santa Clarita Valley Historical
Society, and the Community Hiking Club of Santa Clarita.
(b) Management.--The Secretary shall manage the Monument--
(1) in a manner that conserves and enhances the cultural
and historic resources of the Monument; and
(2) in accordance with--
(A) the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1600 et seq.) and the
laws generally applicable to the National Forest
System;
(B) this Act; and
(C) any other applicable laws.
(c) Uses.--
(1) Use of motorized vehicles.--The use of motorized
vehicles within the Monument may be permitted only--
(A) on roads designated for use by motorized
vehicles in the management plan required under
subsection (a);
(B) for administrative purposes; or
(C) for emergency responses.
(2) Grazing.--The Secretary shall permit grazing within the
Monument, where established before the date of the enactment of
this Act--
(A) subject to all applicable laws (including
regulations and Executive orders); and
(B) consistent with the purpose described in
section 5(b).
SEC. 7. CLARIFICATION ON FUNDING.
No additional funds are authorized to carry out the requirements of
this Act. Such requirements shall be carried out using amounts
otherwise authorized.
SEC. 8. DEFINITIONS.
In this Act:
(1) Memorial.--The term ``Memorial'' means the Saint
Frances Dam Disaster National Memorial authorized under section
3(a).
(2) Monument.--The term ``Monument'' means the Saint
Francis Dam Disaster National Monument established under
section 5(a).
(3) State.--The term ``State'' means the State of
California.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
Passed the House of Representatives July 5, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Saint Francis Dam Disaster National Memorial Act (Sec. 3) This bill authorizes the Department of Agriculture (USDA) to establish the Saint Francis Dam Disaster National Memorial at the Dam site in Los Angeles County, California, to honor the victims of the Saint Francis Dam disaster of March 12, 1928. The Memorial shall be managed by the Forest Service. (Sec. 4) USDA shall submit to Congress, by three years after this bill's enactment, recommendations regarding: the planning, design, construction, and long-term management of the Memorial; the proposed boundaries; a visitor center and educational facilities; and ensuring public access to the Memorial. (Sec. 5) The bill establishes the Saint Francis Dam Disaster National Monument on specified National Forest System land administered by USDA in Los Angeles County for the purpose of conserving and enhancing the cultural, archaeological, historical, watershed, educational, and recreational resources and values of the Monument. (Sec. 6) USDA shall develop a management plan for the Monument by four years after this bill's enactment. USDA shall manage the Monument: (1) in a manner that conserves and enhances its cultural and historic resources, and (2) in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974. The bill limits the use of motorized vehicles but permits grazing within the Monument. (Sec. 7) No additional funds are authorized to carry out this bill's requirements. | {"src": "billsum_train", "title": "Saint Francis Dam Disaster National Memorial Act"} | 1,372 | 311 | 0.659694 | 2.197787 | 0.801966 | 4.347518 | 4.535461 | 0.893617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leadville Mine Drainage Tunnel Act
of 2011''.
SEC. 2. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
Section 703 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is amended
to read as follows:
``SEC. 703. TUNNEL MAINTENANCE; OPERATION AND MAINTENANCE.
``(a) Leadville Mine Drainage Tunnel.--The Secretary shall take any
action necessary to maintain the structural integrity of the Leadville
Mine Drainage Tunnel--
``(1) to maintain public safety; and
``(2) to prevent an uncontrolled release of water from the
tunnel portal.
``(b) Water Treatment Plant.--
``(1) In general.--Subject to section 705, the Secretary
shall be responsible for the operation and maintenance of the
water treatment plant authorized under section 701, including
any sludge disposal authorized under this title.
``(2) Authority to offer to enter into contracts.--In
carrying out paragraph (1), the Secretary may offer to enter
into 1 or more contracts with any appropriate individual or
entity for the conduct of any service required under paragraph
(1).''.
SEC. 3. REIMBURSEMENT.
Section 705 of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4656) is
amended--
(1) by striking ``The treatment plant'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), the
treatment plant'';
(2) by striking ``Drainage Tunnel'' and inserting
``Drainage Tunnel (which includes any surface water diverted
into the Leadville Mine Drainage Tunnel and water collected by
the dewatering relief well installed in June 2008)''; and
(3) by adding at the end the following:
``(b) Exception.--The Secretary may--
``(1) enter into an agreement with any other entity or
government agency to provide funding for an increase in any
operation, maintenance, replacement, capital improvement, or
expansion cost that is necessary to improve or expand the
treatment plant; and
``(2) upon entering into an agreement under paragraph (1),
make any necessary capital improvement to or expansion of the
treatment plant.''.
SEC. 4. USE OF LEADVILLE MINE DRAINAGE TUNNEL AND TREATMENT PLANT.
Section 708(a) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is
amended--
(1) by striking ``(a) The Secretary'' and inserting the
following:
``(a) In General.--
``(1) Authorization.--The Secretary'';
(2) by striking ``Neither'' and inserting the following:
``(2) Liability.--Neither'';
(3) by striking ``The Secretary shall have'' and inserting
the following:
``(3) Facilities covered under other laws.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall have'';
(4) by inserting after ``Recovery Act.'' the following:
``(B) Exception.--If the Administrator of the
Environmental Protection Agency proposes to amend or
issue a new Record of Decision for operable unit 6 of
the California Gulch National Priorities List Site, the
Administrator shall consult with the Secretary with
respect to each feature of the proposed new or amended
Record of Decision that may require any alteration to,
or otherwise affect the operation and maintenance of--
``(i) the Leadville Mine Drainage Tunnel;
or
``(ii) the water treatment plant authorized
under section 701.
``(4) Authority of secretary.--The Secretary may implement
any improvement to the Leadville Mine Drainage Tunnel or
improvement to or expansion of the water treatment plant
authorized under section 701 as a result of a new or amended
Record of Decision for operable unit 6 of the California Gulch
National Priorities List Site only upon entering into an
agreement with the Administrator of the Environmental
Protection Agency or any other entity or government agency to
provide funding for the improvement or expansion.''; and
(5) by striking ``For the purpose of'' and inserting the
following:
``(5) Definition of upper arkansas river basin.--In''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 708(f) of the Reclamation Projects Authorization and
Adjustment Act of 1992 (Public Law 102-575; 106 Stat. 4657) is amended
by striking ``sections 707 and 708'' and inserting ``this section and
sections 703, 705, and 707''.
SEC. 6. CONFORMING AMENDMENT.
The table of contents of title VII of the Reclamation Projects
Authorization and Adjustment Act of 1992 (Public Law 102-575; 106 Stat.
4601) is amended by striking the item relating to section 703 and
inserting the following:
``Sec. 703. Tunnel maintenance; operation and maintenance.''.
Passed the Senate December 30, 2012.
Attest:
Secretary.
112th CONGRESS
2d Session
S. 1047
_______________________________________________________________________
AN ACT
To amend the Reclamation Projects Authorization and Adjustment Act of
1992 to require the Secretary of the Interior, acting through the
Bureau of Reclamation, to take actions to improve environmental
conditions in the vicinity of the Leadville Mine Drainage Tunnel in
Lake County, Colorado, and for other purposes. | Leadville Mine Drainage Tunnel Act of 2011 - Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to expand requirements for the operation and maintenance of the Leadville Mine Drainage Tunnel, Colorado, to require the Secretary of the Interior to take any action necessary to maintain the structural integrity of the Tunnel to maintain public safety and to prevent an uncontrolled release of water from the tunnel portal. Makes the Secretary responsible for the operation and maintenance of the water treatment plant, including authorized sludge disposal. Authorizes the Secretary to offer to enter into one or more contracts with any appropriate individual or entity for the conduct of any required service.
Includes within the Tunnel any surface water diverted into it and water collected by the dewatering relief well installed in June 2008. Authorizes the Secretary: (1) to enter into an agreement with any other entity or government agency to provide funding for an increase in any operation, maintenance, replacement, capital improvement, or expansion cost that is necessary to improve or expand the Treatment Plant; and (2) upon entering into an agreement, to make any necessary capital improvement to or expansion of the water treatment plant.
Requires the Administrator of the Environmental Protection Agency (EPA) to consult with the Secretary regarding each feature of the proposed new or amended Record of Decision for operable unit 6 of the California Gulch National Priorities List Site that may require any alteration to, or otherwise affect the operation and maintenance of, the Tunnel or the water treatment plant. Authorizes the Secretary to implement any improvement to the Tunnel or expansion of the plant as a result of a new or amended Record of Decision for operable unit 6 only upon entering into an agreement with the EPA Administrator or other entity or agency to provide funding for the improvement or expansion. | {"src": "billsum_train", "title": "A bill to amend the Reclamation Projects Authorization and Adjustment of 1992 to require the Secretary of the Interior, acting through the Bureau of Reclamation, to take actions to improve environmental conditions in the vicinity of the Leadville Mine Drainage Tunnel in Lake County, Colorado, and for other purposes."} | 1,274 | 368 | 0.729439 | 2.48255 | 1.002063 | 5.824405 | 3.568452 | 0.96131 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``General Aviation Small Business
Relief Act of 2001''.
SEC. 2. SMALL BUSINESS ASSISTANCE.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by adding after paragraph (3) the following:
``(4) General aviation small business relief.--
``(A) Grant and loan authority.--Notwithstanding
any other provision of law, the Administration--
``(i) shall, upon application, make grants
to general aviation small business concerns in
an amount equal to the amount of direct losses
incurred by each such small business concern
beginning on September 11, 2001, as a result of
any Federal ground stop order issued by the
Secretary of Transportation or any subsequent
order which continues or renews such a stoppage
related to the terrorist attacks occurring on
September 11, 2001, with respect to general
aviation small business concerns;
``(ii) may make such loans (either directly
or in cooperation with banks or other lending
institutions through agreements to participate
on an immediate or deferred basis) to assist a
small business concern that--
``(I) is a general aviation small
business concern; and
``(II) has suffered or that is
likely to suffer as a result of the
terrorist attacks perpetrated against
the United States on September 11,
2001, substantial economic injury that
is not incidental to the revenue of
that small business concern and is not
compensated for by insurance or
otherwise.
``(B) Terms.--With respect to a loan under this
paragraph--
``(i) no interest rate shall apply to the
loan, and no interest shall accrue on the loan,
during the 1-year period beginning on the date
on which the loan is issued; and
``(ii) after the 1-year period described in
clause (i), the applicable interest rate and
other terms and conditions shall be the same as
the interest rate and other terms and
conditions as are applicable to economic injury
loans under paragraph (2).
``(D) No effect on loan limits.--A grant or loan
under this paragraph shall be in addition to any other
grant or loan made under this Act, notwithstanding any
limitation on the amounts of such grants or loans under
this Act.
``(E) No disaster declaration required.--For
purposes of assistance under this paragraph, no
declaration of a disaster area shall be required.
``(F) Definitions.--In this paragraph--
``(i) the term `general aviation small
business concern' means a small business
concern that is a regular provider of general
aviation services, including aircraft rentals
and flight training instruction; and
``(ii) the term `substantial economic
injury' means an economic harm to a small
business concern that results in the inability
of the small business concern--
``(I) to meet its obligations as
they mature;
``(II) to pay its ordinary and
necessary operating expenses; or
``(III) to market, produce, or
provide a product or service ordinarily
marketed, produced, or provided by the
business concern.''.
(b) Conforming Amendments.--Section 7(b) of the Small Business Act
(15 U.S.C. 636(b)) is amended--
(1) in the second undesignated paragraph following
paragraph (4), as added by this section, by striking
``paragraphs (1), (2), and (4)'' and inserting ``paragraphs (1)
and (2)''; and
(2) in subparagraph (E) of such undesignated paragraph, by
striking ``paragraph (1), (2), or (4)'' and inserting
``paragraph (1) or (2)''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Small Business Administration, such sums as may be
necessary to carry out section 7(b)(4) of the Small Business Act, as
added by this section, including administrative expenses, to remain
available until expended.
SEC. 3. DEFERMENT OF SMALL BUSINESS LOAN PAYMENTS.
(a) In General.--Notwithstanding any other provision of law,
payments on any loan issued to a general aviation small business
concern by the Small Business Administration shall be deferred with
respect to principal and interest, and no interest shall accrue with
respect to such loan, during the 1-year period following the date of
enactment of this Act.
(b) Resumption of Payments.--At the end of the 1-year period
described in subsection (a), the payment of periodic installments of
principal and interest shall be required with respect to loans
described in subsection (a), in the same manner and subject to the same
terms and conditions as would otherwise be applicable to such loan.
(c) Definition.--In this section, the term ``general aviation small
business concern'' has the same meaning as in section 7(b)(4) of the
Small Business Act, as added by section 2 of this Act.
SEC. 4. EXTENSION OF DUE DATE FOR EXCISE TAX DEPOSITS.
(a) Extension of Due Date for Excise Tax Deposits.--In the case of
a general aviation small business concern, any airline-related deposit
required under section 6302 of the Internal Revenue Code of 1986 to be
made after September 10, 2001, and before November 15, 2001, shall be
treated for purposes of such Code as timely made if such deposit is
made on or before November 15, 2001. If the Secretary of the Treasury
so prescribes, the preceding sentence shall be applied by substituting
for ``November 15, 2001'' each place it appears--
(1) ``January 15, 2002''; or
(2) such earlier date after November 15, 2001, as the
Secretary of the Treasury may prescribe.
(b) Definitions.--In this section--
(1) the term ``general aviation small business concern''
has the same meaning as in section 7(b)(4) of the Small
Business Act, as added by section 2 of this Act; and
(2) the term ``airline-related deposit'' means any deposit
of taxes imposed by subchapter C of chapter 33 of the Internal
Revenue Code of 1986 (relating to transportation by air). | General Aviation Small Business Relief Act of 2001 - Amends the Small Business Act to direct the Small Business Administration to make grants to general aviation small business concerns in amounts equal to direct losses sustained since September 11, 2001, as a result of any Federal ground stop order(s) related to the terrorist attacks. Authorizes loans to assist such a business that has suffered, as a result of such attacks, substantial economic injury that is not incidental to the business's revenue and that is not compensated for by insurance or otherwise.Extends the due date for excise tax deposits for general aviation small business concerns. | {"src": "billsum_train", "title": "To provide economic relief to general aviation small business concerns that have suffered substantial economic injury as a result of the terrorist attacks perpetrated against the United States on September 11, 2001."} | 1,374 | 132 | 0.641312 | 1.806159 | 0.688653 | 3.921053 | 11.473684 | 0.938596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Campbell National Wildlife
Refuge Expansion Act of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States Fish and Wildlife Service manages the
James Campbell National Wildlife Refuge for the purpose of
promoting the recovery of 4 species of endangered Hawaiian
waterbirds;
(2) the United States Fish and Wildlife Service leases
approximately 240 acres of high-value wetland habitat
(including ponds, marshes, freshwater springs, and adjacent
land) and manages the habitat in accordance with the National
Wildlife Refuge System Improvement Act (16 U.S.C. 668dd note;
Public Law 105-312);
(3) the United States Fish and Wildlife Service entered
into a contract to purchase in fee title the land described in
paragraph (2) from the estate of James Campbell for the
purposes of--
(A) permanently protecting the endangered species
habitat; and
(B) improving the management of the Refuge;
(4) the United States Fish and Wildlife Service has
identified for inclusion in the Refuge approximately 800 acres
of additional high-value wildlife habitat adjacent to the
Refuge that are owned by the estate of James Campbell;
(5) the land of the estate of James Campbell on the Kahuku
Coast features coastal dunes, coastal wetlands, and coastal
strand that promote biological diversity for threatened and
endangered species, including--
(A) the 4 species of endangered Hawaiian waterbirds
described in paragraph (1);
(B) migratory shorebirds;
(C) waterfowl;
(D) seabirds;
(E) endangered and native plant species;
(F) endangered monk seals; and
(G) green sea turtles;
(6) because of extensive coastal development, habitats of
the type within the Refuge are increasingly rare on the
Hawaiian islands;
(7) expanding the Refuge will provide increased
opportunities for wildlife-dependent public uses, including
wildlife observation, photography, and environmental education
and interpretation; and
(8) acquisition of the land described in paragraph (4)--
(A) will create a single, large, manageable, and
ecologically-intact unit that includes sufficient
buffer land to reduce impacts on the Refuge; and
(B) is necessary to reduce flood damage following
heavy rainfall to residences, businesses, and public
buildings in the town of Kahuku.
SEC. 3. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(2) Refuge.--The term ``Refuge'' means the James Campbell
National Wildlife Refuge established pursuant to the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. EXPANSION OF REFUGE.
(a) Expansion.--The boundary of the Refuge is expanded to include
the approximately 1,100 acres of land (including any water and interest
in the land) depicted on the map entitled ``James Campbell National
Wildlife Refuge-Expansion'', and on file in the office of the Director.
(b) Boundary Revisions.--Not later than 90 days after the date of
enactment of this Act, the Secretary may make such minor modifications
to the boundary of the Refuge as the Secretary determines to be
appropriate to--
(1) achieve the goals of the United States Fish and
Wildlife Service relating to the Refuge; or
(2) facilitate the acquisition of property within the
Refuge.
(c) Availability of Map.--
(1) In general.--The map described in subsection (a) shall
remain available for inspection in an appropriate office of the
United States Fish and Wildlife Service, as determined by the
Secretary.
(2) Notice.--As soon as practicable after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register and any publication of local circulation in
the area of the Refuge notice of the availability of the map.
SEC. 5. ACQUISITION OF LAND AND WATER.
(a) In General.--Subject to the availability of appropriated funds,
the Secretary may acquire the land described in section 4(a).
(b) Inclusion.--Any land, water, or interest acquired by the
Secretary pursuant to this section shall--
(1) become part of the Refuge; and
(2) be administered in accordance with applicable law. | James Campbell National Wildlife Refuge Expansion Act of 2005 - Expands the boundary of the James Campbell National Wildlife Refuge in Honolulu County, Hawaii, and authorizes the Secretary of the Interior to make modifications to the boundary and to acquire certain lands. | {"src": "billsum_train", "title": "To provide for the expansion of the James Campbell National Wildlife Refuge, Honolulu County, Hawaii."} | 971 | 56 | 0.589409 | 1.463023 | 0.299902 | 2.622222 | 20.066667 | 0.844444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Job Creation and Investment
Act''.
SEC. 2. ELECTION TO TEMPORARILY UTILIZE UNUSED AMT CREDITS DETERMINED
BY DOMESTIC WAGES AND DOMESTIC INVESTMENT.
(a) In General.--Section 53 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(g) Election for Corporations With Unused Credits.--
``(1) In general.--If a corporation elects to have this
subsection apply, then notwithstanding any other provision of
law, the limitation imposed by subsection (c) for any such
taxable year shall be increased by the AMT credit adjustment
amount.
``(2) AMT credit adjustment amount.--For purposes of
paragraph (1), the term `AMT credit adjustment amount' means
with respect to any taxable year beginning in 2010 or 2011, the
lesser of--
``(A) a corporation's minimum tax credit determined
under subsection (b), or
``(B) the sum of--
``(i) 20 percent of new qualifying domestic
compensation paid during such taxable year,
determined by taking into account not more than
$100,000 for each employee, plus
``(ii) 20 percent of new domestic
investments made during such taxable year, plus
``(iii) 10 percent of qualifying domestic
compensation paid during the preceding taxable
year, determined by taking into account not
more than $100,000 for each employee.
``(3) Qualifying domestic compensation.--For purposes of
this subsection, the term `qualifying domestic compensation'
means, with respect to any person for any taxable year of such
person, the sum of the amounts described in paragraphs (3),
(8), and (9) of section 6051(a) paid by such person with
respect to employment of citizens or residents of the United
States (within the meaning of section 7701(a)(30)(A)) by such
person during the calendar year ending during such taxable
year.
``(4) New qualifying domestic compensation.--For purposes
of this subsection, the term `new qualifying domestic
compensation' means qualifying domestic compensation paid with
respect to employment of individuals the hiring date (or, in
the case of furloughed employees, the recall date) of whom
occurs during the taxable year. For purposes of the preceding
sentence, rules similar to the rules of section 51(i)(1) shall
apply.
``(5) New domestic investments.--For purposes of this
subsection, the term `new domestic investments' means the cost
of qualified property (as defined in section 168(k)(2)(A)(i))--
``(A) the original use of which commences with the
taxpayer during the taxable year, and
``(B) which is placed in service in the United
States by the taxpayer during such taxable year.
``(6) Special maintenance of workforce rule.--
``(A) In general.--In any taxable year beginning in
2011, paragraph (2)(B)(iii) shall apply only if the
taxpayer's qualifying domestic compensation in such
taxable year is at least 100 percent of such
compensation in the preceding taxable year.
``(B) Acquisitions, etc.--For purposes of
subparagraph (A), in determining the qualifying
domestic compensation for the preceding taxable year,
rules similar to the rules under subparagraphs (A) and
(B) of section 41(f)(3) shall apply to adjust the
compensation for acquisitions and dispositions (taxable
or otherwise) of any major portion of a trade or
business or any major portion of a separate unit of a
trade or business.
``(7) Credit refundable.--For purposes of subsections (b)
and (c) of section 6401, the aggregate increase in the credits
allowable under part IV of subchapter A for any taxable year
resulting from the application of this subsection shall be
treated as allowed under subpart C of such part (and not to any
other subpart).
``(8) Election.--
``(A) In general.--An election under this
subsection shall be made at such time and in such
manner as prescribed by the Secretary, and once
effective, may be revoked only with the consent of the
Secretary.
``(B) Interim elections.--Until such time as the
Secretary prescribes a manner for making an election
under this subsection, a taxpayer is treated as having
made a valid election by providing written notification
to the Secretary and the Commissioner of Internal
Revenue of such election.
``(9) Aggregation rule.--For purposes of this subsection--
``(A) all corporations which are members of an
affiliated group of corporations filing a consolidated
tax return, and
``(B) all partnerships in which more than 50
percent of the capital and profits interest in the
partnership are owned by the corporation (directly or
indirectly) at all times during the taxable year in
which an election under this subsection is in effect,
shall be treated as a single corporation.
``(10) Application to partnerships.--In the case of a
partnership--
``(A) this subsection shall be applied at the
partner level, and
``(B) each partner shall be treated as having for
the taxable year an amount equal to such partner's
allocable share of the qualifying domestic
compensation, new qualifying domestic compensation, and
new domestic investments of the partnership for such
taxable year (as determined under regulations
prescribed by the Secretary).
``(11) No double benefit.--Notwithstanding clause (iii)(II)
of section 172(b)(1)(H), any taxpayer which has previously made
an election under such section shall be deemed to have revoked
such election by the making of its first election under this
subsection.
``(12) Regulations.--The Secretary may issue such
regulations or other guidance as may be necessary or
appropriate to carry out the purposes of this subsection,
including to prevent fraud and abuse under this subsection.
``(13) Termination.--This subsection shall not apply to any
taxable year that begins after December 31, 2011.''.
(b) Quick Refund of Refundable Credit.--Section 6425 of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(e) Allowance of AMT Credit Adjustment Amount.--The amount of an
adjustment under this section as determined under subsection (c)(2) for
any taxable year may be increased to the extent of the corporation's
AMT credit adjustment amount determined under section 53(g) for such
taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | American Job Creation and Investment Act - Amends the Internal Revenue Code to allow a corporation to elect in 2010 and 2011 to increase its alternative minimum tax (AMT) credits by a specified credit adjustment amount for purposes of increasing its U.S. workforce and making investments in business equipment. Terminates such additional credit allowance after December 31, 2011. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow companies to utilize existing alternative minimum tax credits to create and maintain United States jobs, and for other purposes."} | 1,492 | 72 | 0.494143 | 1.194298 | 0.646264 | 2.095238 | 21.349206 | 0.825397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Film Incentive Reform Act of 2014''.
SEC. 2. MODIFICATION AND EXTENSION OF ELECTION TO EXPENSE THE COST OF
QUALIFIED FILM, TELEVISION, AND THEATRICAL PRODUCTIONS.
(a) Extension.--Section 181(f) of the Internal Revenue Code of 1986
is amended by striking ``December 31, 2013'' and inserting ``December
31, 2015''.
(b) Modification of Qualified Film, Television and Theatrical
Productions to Which Section Applies.--
(1) In general.--Section 181(d) of such Code is amended to
read as follows:
``(d) Qualified Film, Television, or Theatrical Production.--For
purposes of this section--
``(1) In general.--The term `qualified film, television, or
theatrical production' means--
``(A) any film or television production if 100
percent of the total compensation of the film or
television production is compensation for services
performed in the United States, and
``(B) any theatrical production if 75 percent of
the total compensation of the theatrical production is
qualified compensation.
``(2) Film or television production.--
``(A) In general.--The term `film or television
production' means property described in section
168(f)(3).
``(B) Special rule for television series.--In the
case of a television series--
``(i) each episode of such series shall be
treated as a separate production, and
``(ii) only the first 44 episodes of such
series shall be taken into account.
``(3) Theatrical production.--
``(A) In general.--The term `theatrical production'
means a live staged production of a play (with or
without music) which is derived from a written book or
script and is produced or presented in any venue which
has an audience capacity of not more than 3,000 or a
series of venues the majority of which have an audience
capacity of not more than 3,000.
``(B) Touring companies.--In the case of multiple
live staged productions for which an election under
this section is made by the same taxpayer and which
are--
``(i) separate phases of a production, or
``(ii) separate simultaneous stagings of
the same production in different geographical
locations (not including multiple performance
locations of any one touring production),
each such live staged production shall be treated as a
separate production.
``(C) Phases.--For purposes of subparagraph (B),
the term `phase' refers to each of the following (but
only if the taxpayer treats each of the following as a
separate activity for all purposes of this title):
``(i) The initial staging of the
production.
``(ii) Subsequent additional stagings or
tourings of the production which are produced
by the same producer as the initial staging.
``(D) Qualified compensation.--
``(i) In general.--For purposes of
paragraph (1)(B), the term `qualified
compensation' means compensation for services
performed in the United States by actors,
directors, musicians, producers, and other
production and post-production personnel.
``(ii) Participations and residuals
excluded.--For purposes of paragraph (1)(B) and
clause (i), the term `compensation' does not
include participations and residuals (as
defined in section 167(g)(7)(B)).
``(4) Exception.--The term `qualified film, television, or
theatrical production' shall not include any production if
records are required under section 2257 of title 18, United
States Code, to be maintained with respect to any performer in
such production.''.
(2) Conforming amendments.--
(A) Subsections (a)(1), (a)(2)(A), (a)(2)(B), (b),
and (c)(1) of section 181 of such Code are each amended
by striking ``any qualified film or television
production'' and inserting ``any qualified film,
television, or theatrical production''.
(B) Section 181(f) of such Code is amended by
striking ``qualified film and television productions''
and inserting ``any qualified film, television, or
theatrical production''.
(C) The heading of section 181 is amended by
striking ``qualified film and television productions''
and inserting ``qualified film, television, and
theatrical productions''.
(D) The item relating to section 181 in the table
of sections for part VI of subchapter B of chapter 1 of
such Code is amended to read as follows:
``Sec. 181. Treatment of certain qualified film, television, and
theatrical productions.''.
(c) Effective Date.--The amendments made by this section shall
apply to qualified film, television, and theatrical productions
commencing after December 31, 2013. | Film Incentive Reform Act of 2014 - Amends the Internal Revenue Code to: (1) extend through 2015 the election to expense the cost of qualified film, television, and theatrical productions; and (2) include theatrical productions in such expensing allowance. Defines "theatrical production" as a live staged production of a play derived from a written book or script and produced or presented in any venue which has an audience capacity of more than 3,000. | {"src": "billsum_train", "title": "Film Incentive Reform Act of 2014"} | 1,133 | 108 | 0.602442 | 1.501312 | 1.225143 | 4.047619 | 11.857143 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Student Act of 2015''.
SEC. 2. SUPPORT FOR WORKING STUDENTS.
(a) Dependent Students.--Section 475(g)(2)(D) of the Higher
Education Act of 1965 (20 U.S.C. 1087oo(g)(2)(D)) is amended to read as
follows:
``(D) an income protection allowance (or a
successor amount prescribed by the Secretary under
section 478) of $8,519 for academic year 2016-2017;''.
(b) Independent Students Without Dependents Other Than a Spouse.--
Section 476(b)(1)(A)(iv) of the Higher Education Act of 1965 (20 U.S.C.
1087pp(b)(1)(A)(iv)) is amended to read as follows:
``(iv) an income protection allowance (or a
successor amount prescribed by the Secretary
under section 478)--
``(I) for single or separated
students, or married students where
both are enrolled pursuant to
subsection (a)(2), of $13,244 for
academic year 2016-2017; and
``(II) for married students where 1
is enrolled pursuant to subsection
(a)(2), of $21,222 for academic year
2016-2017;''.
(c) Independent Students With Dependents Other Than a Spouse.--
Section 477(b)(4) of the Higher Education Act of 1965 (20 U.S.C.
1087qq(b)(4)) is amended to read as follows:
``(4) Income protection allowance.--The income protection
allowance is determined by the following table (or a successor
table prescribed by the Secretary under section 478), for
academic year 2016-2017:
``Income Protection Allowance
----------------------------------------------------------------------------------------------------------------
Family Size Number in College
----------------------------------------------------------------------------------------------------------------
For each
(including 1 2 3 4 5 additional
student) subtract:
----------------------------------------------------------------------------------------------------------------
2 $33,534 $27,797 $4,230
3 41,742 36,045 $30,308
4 51,543 45,833 40,122 $34,385
5 60,831 55,080 49,370 43,659 $37,949
6 71,321 65,408 59,724 53,960 48,276
For each
additional
add: 5,950 ''.
----------------------------------------------------------------------------------------------------------------
(d) Updated Tables and Amounts.--Section 478(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087rr(b)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) In general.--For each academic year after
academic year 2016-2017, the Secretary shall publish in
the Federal Register a revised table of income
protection allowances for the purpose of sections
475(c)(4) and 477(b)(4), subject to subparagraphs (B)
and (C).
``(B) Table for independent students.--For each
academic year after academic year 2016-2017, the
Secretary shall develop the revised table of income
protection allowances by increasing each of the dollar
amounts contained in the table of income protection
allowances under section 477(b)(4) by a percentage
equal to the estimated percentage increase in the
Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding
the beginning of such academic year, and rounding the
result to the nearest $10.''; and
(2) in paragraph (2), by striking ``shall be developed''
and all that follows through the period at the end and
inserting ``shall be developed for each academic year after
academic year 2016-2017, by increasing each of the dollar
amounts contained in such section for academic year 2016-2017
by a percentage equal to the estimated percentage increase in
the Consumer Price Index (as determined by the Secretary)
between December 2014 and the December next preceding the
beginning of such academic year, and rounding the result to the
nearest $10.''.
(e) Effective Date.--The amendments made by this section shall be
effective on July 1, 2016. | Working Student Act of 2015 This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to modify the income protection allowance levels used to calculate a student's expected family contribution and need for financial assistance. (An income protection allowance is an amount for basic living expenses that is protected from being considered income available for postsecondary educational expenses.) Specifically, the bill increases, in academic year 2016-2017, income protection allowance levels for students who are dependent, independent without non-spouse dependents (e.g., children), and independent with non-spouse dependents to reduce such students' income available (and increase need for financial assistance) to cover postsecondary educational expenses. The Department of Education must, in subsequent years, adjust the income protection allowance levels for inflation. | {"src": "billsum_train", "title": "Working Student Act of 2015"} | 1,075 | 169 | 0.5973 | 1.592733 | 0.666408 | 1.571429 | 5.149351 | 0.662338 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Plug-in Hybrid Opportunity Act of
2007''.
SEC. 2. CREDIT FOR CONVERSION OF HYBRID MOTOR VEHICLES TO PLUG-IN
HYBRID MOTOR VEHICLES.
(a) In General.--Subsection (a) of section 30B of the Internal
Revenue Code of 1986 (relating to the alternative motor vehicle credit)
is amended by striking ``and'' at the end of paragraph (3), by striking
the period at the end of paragraph (4) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(5) the plug-in battery module conversion credit
determined under subsection (f).''.
(b) Plug-in Battery Module Conversion Credit.--Section 30B of such
Code is amended by redesignating subsections (f) through (j) as
subsections (g) through (k), respectively, and by inserting after
subsection (e) the following new subsection:
``(f) Plug-in Battery Module Conversion Credit.--
``(1) In general.--For purposes of subsection (a), the
plug-in battery module conversion credit determined under this
subsection with respect to any qualified plug-in battery module
placed in service by the taxpayer during the taxable year is 35
percent of the cost of such module (including reasonable labor
costs for installation).
``(2) Limitation.--The amount of the credit allowed under
this subsection shall not exceed $4,000 with respect to any
qualified plug-in battery module.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Qualified plug-in battery module.--The term
`qualified plug-in battery module' means any plug-in
battery module--
``(i) the original use of which commences
with the taxpayer,
``(ii) which is acquired for use or lease
by the taxpayer and not for resale, and
``(iii) which is installed in a new
qualified hybrid motor vehicle (as defined in
subsection (d), determined without regard to
subparagraph (A)(v) thereof) of the taxpayer,
but only if such vehicle was not equipped with
a plug-in battery module at any time prior to
such installation.
``(B) Plug-in battery module.--The term `plug-in
battery module' means, with respect to any new
qualified hybrid motor vehicle, an electro-chemical
storage device of a standardized, mass-produced design
of a battery manufacturer, which--
``(i) has a traction battery capacity of
not less than 2.5 kilowatt hours,
``(ii) can be energized and recharged by
plugging into an external 120 volt source of
electric power,
``(iii) has been tested, as installed in a
new qualified hybrid motor vehicle of the same
make and model year, by the National Highway
Transportation Safety Administration, and
determined by such Administration to be in
compliance with motor vehicle and motor vehicle
equipment safety standards applicable to that
make and model year vehicle when installed in
such motor vehicle by a mechanic with
standardized training in protocols established
by the battery manufacturer as part of a
nationwide distribution program,
``(iv) has been tested, as installed in a
new qualified hybrid motor vehicle of the same
make and model year, by a testing laboratory
approved the Environmental Protection Agency,
and such testing confirmed no effect on
compliance with the emission standards
applicable to such vehicle, and
``(v) is certified by a battery
manufacturer as meeting the requirements of
clauses (i) through (iv).''.
(c) No Recapture for Vehicles Converted to Qualified Conversion
Hybrid Vehicles.--Paragraph (8) of section 30B(i) of such Code, as
redesignated by this section, is amended by adding at the end the
following: ``For purposes of the preceding sentence, a new qualified
hybrid motor vehicle shall not be treated as ceasing to be eligible for
the credit allowable under subsection (a) solely by reason of the
installation of a qualified plug-in battery module described in
subsection (f).''.
(d) Termination.--Subsection (k) of section 30A of such Code, as
redesignated by this section, is amended by striking ``and'' at the end
of paragraph (3), by striking the period at the end of paragraph (4)
and inserting ``, and'', and by adding at the end the following new
paragraph:
``(5) in the case of a qualified plug-in battery module (as
described in subsection (f)), December 31, 2010.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Plug-in Hybrid Opportunity Act of 2007 - Amends the Internal Revenue Code to allow a tax credit for 35% of the cost of a qualified plug-in battery module (or $4,000, whichever is less) used to convert a hybrid motor vehicle to a plug-in hybrid motor vehicle. Terminates such tax credit after 2010. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a credit for the conversion of hybrid motor vehicles to plug-in hybrid motor vehicles."} | 1,069 | 76 | 0.619428 | 1.431098 | 1.007021 | 3.076923 | 15.4 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Land Reinvestment Act''.
SEC. 2. LIMITATION ON USE OF FUNDS FROM LAND AND WATER CONSERVATION
FUND.
The Land and Water Conservation Fund Act of 1965 is amended--
(1) in section 1(b)(2) (16 U.S.C. 460l-4(b)(2)) by striking
``acquisition and development'' and inserting ``maintenance'';
(2) in section 5 (16 U.S.C. 460l-7) in the last sentence,
in the text preceding paragraph (1), by striking
``acquisition'' and inserting ``maintenance'';
(3) in section 7(a) (16 U.S.C. 460l-9(a))--
(A) in the matter preceding paragraph (1) by
inserting ``for maintenance'' after ``otherwise
allotted'';
(B) in paragraph (1)--
(i) in the matter preceding the first
undesignated paragraph by striking ``For the
acquisition'' and inserting ``For the
maintenance'';
(ii) by amending the second undesignated
paragraph to read as follows:
``National forest system.--Wilderness areas of the National
Forest System, and other areas of national forests that are
primarily of value for outdoor recreation.''; and
(iii) by amending the third undesignated
paragraph to read as follows:
``National wildlife refuge system.--Federal lands that are
acquired for endangered species and threatened species under
section 5(a) of the Endangered Species Act of 1973; areas
acquired under section 2 of the Act of September 28, 1962 (16
U.S.C. 460k-1); national wildlife refuge areas acquired under
section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f(a)(4)), and wetlands acquired under section 304 of the
Emergency Wetlands Resources Act of 1986; and any areas
acquired for the National Wildlife Refuge System by specific
Acts.''; and
(C) by striking paragraph (3);
(4) in subsection (b) of section 7 (16 U.S.C. 460l-9(b)) by
striking ``unless'' and all that follows through the end of the
subsection and inserting a period;
(5) by striking subsection (c) of section 7 (16 U.S.C.
460l-9(c)); and
(6) by striking sections 9 and 10 (16 U.S.C 460l-10a and
460l-10b).
SEC. 3. REQUIREMENT TO REDUCE BACKLOGGED MAINTENANCE.
The head of each covered landholding agency shall--
(1) by not later than the end of the 5-fiscal-year period
beginning on the date of the enactment of this Act, reduce by
at least 20 percent the dollar value of backlogged maintenance
that exists on the date of the enactment of this Act with
respect to lands under the administrative jurisdiction of the
agency; and
(2) by not later than the end of each 5-fiscal-year period
thereafter, reduce the dollar value of backlogged maintenance
that exists on the first day of that period with respect to
lands under the administrative jurisdiction of the agency, by
an amount that is equal to or greater than the sum of--
(A) 20 percent of the dollar value of backlogged
maintenance that exists on the date of the enactment of
this Act with respect to such lands;
(B) the amount of any reduction in backlogged
maintenance previously required under this section that
has not been carried out; and
(C) any additional backlogged maintenance that
arose on or after the date of the enactment of this Act
and that has not been carried out.
SEC. 4. REPORTS ON REDUCTION OF BACKLOGGED MAINTENANCE.
(a) In General.--The head of each covered landholding agency shall
publish and submit reports to the Congress that--
(1) document the progress made by the agency in reducing
backlogged maintenance with respect to lands under the
administrative jurisdiction of the agency, including a
statement of--
(A) the dollar value of the reduction in backlogged
maintenance that has been achieved by the agency in the
5-fiscal-year period covered by the report;
(B) whether or not the agency, in the 5-fiscal-year
period covered by the report, has achieved the
reduction in backlogged maintenance required to be
achieved by the agency under section 3 for that period;
and
(C) the amount (if any) by which the dollar value
stated in subparagraph (A) is less than the amount of
reduction in backlogged maintenance that is required to
be achieved by the agency under section 3;
(2) include a prioritized list of construction, deferred
maintenance, and regular maintenance projects the agency must
carry out in order to achieve reductions in backlogged
maintenance required under section 3; and
(3) include a plan for carrying out such projects over the
next 5 fiscal years.
(b) Timing of Reports.--The head of a covered landholding agency--
(1) shall publish and submit the first report under this
section by not later than 30 days after the end of the first 5-
fiscal-year period beginning after the date of the enactment of
this Act; and
(2) shall publish and submit subsequent reports under this
section by not later than 30 days after the end of each
subsequent 5-fiscal-year period thereafter until all backlogged
maintenance has been completed with respect to lands under the
administratieve jurisdiction of the agency.
(c) Final Report.--Not later than December 31 of the year in which
all backlogged maintenance has been completed with respect to lands
under the administratieve jurisdiction of a covered landholding agency,
the head of the agency shall submit to the Congress a final report
that, in detail--
(1) prioritizes lands that are owned by the Federal
Government and under the administrative jurisdiction of the
agency, based on the success of programs of the agency that
relate to such lands;
(2) describes a system of regular maintenance that is
required with respect to such lands; and
(3) includes a prioritized list of capital improvement
projects for such lands.
SEC. 5. PRIORITIZATION OF LANDS.
Not later than 4 years after the date of the enactment of this Act,
the head of each covered landholding agency shall submit to the
Congress a report that prioritizes lands that are owned by the Federal
Government and under the administrative jurisdiction of the agency,
from highest to lowest priority in the order of their importance to the
success of programs carried out by the agency.
SEC. 6. DEFINITIONS.
In this Act:
(1) Backlogged maintenance.--The term ``backlogged
maintenance''--
(A) means the total dollar value of regular
maintenance, deferred maintenance, and capital
improvement to be carried out with respect to lands
under the administrative jurisdiction of a covered
landholding agency that has not been completed; and
(B) is deemed to be, on the date of the enactment
of this Act--
(i) $354,000,000 with respect to lands
under the administrative jurisdiction of the
Bureau of Land Management;
(ii) $1,500,000,000 with respect to lands
under the administrative jurisdiction of the
United States Fish and Wildlife Service;
(iii) $7,300,000,000 with respect to lands
under the administrative jurisdiction of the
Forest Service; and
(iv) $5,400,000,000 with respect to lands
under the administrative jurisdiction of the
National Park Service.
(2) Covered landholding agency.--The term ``covered
landholding agency'' means each of--
(A) the Bureau of Land Management;
(B) the United States Fish and Wildlife Service;
(C) the Forest Service; and
(D) the National Park Service.
(3) Maintenance.--The term ``maintenance'' means the upkeep
of real property, including capital improvement and
development. | Land Reinvestment Act - Amends the Land and Water Conservation Fund Act of 1965 to provide for the maintenance of certain Federal lands and waters.Eliminates instances in which certain appropriations from the Land and Water Conservation Fund can be used for: (1) acquisition; or (2) preacquisition work.Withdraws authorization for the Secretary of the Interior to make certain types of minor revisions to the boundaries of the National Park System.Strikes authorization for the Secretary to enter into contracts for: (1) the acquisition of lands and waters within the National Park System, the National Forest System, and the National Wildlife Refuge System; and (2) options to acquire land and waters in the National Park System.Sets forth requirements for the Bureau of Land Management, the United States Fish and Wildlife Service, the Forest Service, and the National Park Service to reduce backlogged maintenance. Requires such agencies to prioritize Federal lands under their respective jurisdictions according to contributions to the success of agency programs. | {"src": "billsum_train", "title": "To amend the Land and Water Conservation Fund to limit the use of funds available from the Land and Water Conservation Fund Act of 1965 to use for maintenance."} | 1,743 | 205 | 0.527306 | 1.359248 | 0.70482 | 2.395722 | 8.42246 | 0.770053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Mortgage Insurance Consumer
Protection Act''.
SEC. 2. NOTIFICATION OF CANCELLATION RIGHTS FOR PRIVATE MORTGAGE
INSURANCE.
(a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C.
1631 et seq.) is amended by inserting after section 125 the following
new section:
``SEC. 126. NOTIFICATION OF CANCELLATION RIGHTS FOR PRIVATE MORTGAGE
INSURANCE.
``(a) Notice of Right or Lack of Right To Cancel.--If a consumer is
required to obtain and maintain private mortgage insurance as a
condition for entering into a residential mortgage transaction, the
creditor shall disclose, in writing at the time the transaction is
entered into, whether or not the private mortgage insurance may be
canceled by the consumer at any time while the mortgage is outstanding.
``(b) Information Required To Be Disclosed if Insurance Is
Cancelable.--If private mortgage insurance is required for a
residential mortgage transaction and may be canceled by the consumer at
any time while the mortgage is outstanding, the creditor shall disclose
in writing the following information at the time the transaction is
entered into:
``(1) Identifying information.--Such information as may be
necessary to permit the consumer to communicate with the
creditor, any subsequent servicer of the mortgage, or the
issuer of the private mortgage insurance concerning the
insurance.
``(2) Conditions on cancellation.--Any condition required
to be met before the private mortgage insurance may be canceled
by the consumer, including the following:
``(A) If a condition for canceling the private
mortgage insurance is based on a minimum ratio between
the principal on the loan remaining outstanding and
either the original or the current value of the
property securing the loan, such ratio.
``(B) Information relating to any requirement for
an appraisal of the property as a condition for the
cancellation of the insurance.
``(C) Information relating to the time required for
canceling the insurance.
``(3) Cancellation procedures.--The procedures required to
be followed by the consumer in canceling the private mortgage
insurance.
``(c) Information Required To Be Disclosed With Each Periodic
Statement.--If a consumer is required to obtain and maintain private
mortgage insurance as a condition for entering into a residential
mortgage transaction, the person servicing the mortgage shall include
in or with each written statement of account provided to the consumer
after December 31, 1995, while such insurance is in effect, but not
less than annually--
``(1) the information required to be disclosed under
subsection (b); or
``(2) a clear and conspicuous written statement
containing--
``(A) a statement that the consumer may be able to
cancel the private mortgage insurance (if such is the
case); and
``(B) an address and telephone number which the
consumer may use to contact the creditor or the person
servicing the mortgage to determine whether the
consumer has the right to cancel the private mortgage
insurance and, if so, the conditions and procedures for
canceling such insurance.
``(d) Notices Furnished Without Cost to the Consumer.--No fee or
other cost may be imposed on any consumer with respect to the provision
of any notice or information to the consumer pursuant to this section.
``(e) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Mortgage insurance.--The term `mortgage insurance'
means insurance, including any mortgage guaranty insurance,
against the nonpayment of, or default on, a mortgage or loan
involved in a residential mortgage transaction.
``(2) Private mortgage insurance.--The term `private
mortgage insurance' means mortgage insurance other than
mortgage insurance made available under the National Housing
Act, title 38 of the United States Code, or title V of the
National Housing Act of 1949.''.
(b) Amendment Relating to Liability for Violations.--Section 130(a)
of the Truth in Lending Act (15 U.S.C. 1640(a)) is amended by adding at
the end the following new sentence: ``In the case of any failure make
any disclosure required under section 126, paragraph (1) shall be
applied by substituting `3 times the amount of any actual damage' for
`any actual damage'.
(c) Scope of Applicability.--The amendments made by subsections (a)
and (b) shall apply with respect to residential mortgage transactions
entered into after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections for chapter 2 of the
Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by striking
the item relating to section 126 and inserting the following new item:
``126. Notification of cancellation rights for private mortgage
insurance.''. | Private Mortgage Insurance Consumer Protection Act - Amends the Truth in Lending Act to prescribe guidelines under which a creditor must notify a consumer in writing of any cancellation rights with respect to private mortgage insurance if the consumer was required to obtain such insurance as a condition for entering into a residential mortgage transaction.
Prohibits the imposition of any fee or cost to the consumer for such notification. | {"src": "billsum_train", "title": "Private Mortgage Insurance Consumer Protection Act"} | 1,112 | 86 | 0.566966 | 1.501256 | 0.672378 | 2.763889 | 13.722222 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Petroleum Expansion Now Act
of 2012''.
SEC. 2. DEFINITIONS.
In this Act:
(1) OCS planning area.--The term ``OCS Planning Area''
means an area specified as an Outer Continental Shelf Planning
Area by the Department of the Interior as of the date of the
enactment of this Act.
(2) Proposed oil and gas leasing program: 2012-2017.--The
term ``Proposed Oil and Gas Leasing Program: 2012-2017'' means
the Proposed Final Outer Continental Shelf Oil and Gas Leasing
Program: 2012-2017 described in the notice of availability
published in the Federal Register on July 6, 2012 (77 Fed. Reg.
40080).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. REQUIREMENT TO IMPLEMENT PROPOSED OIL AND GAS LEASING PROGRAM:
2012-2017.
(a) In General.--Except as otherwise provided in this Act, the
Secretary shall implement the Proposed Oil and Gas Leasing Program:
2012-2017 in accordance with the schedule for conducting oil and gas
lease sales contained in the Proposed Oil and Gas Leasing Program:
2012-2017, the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et
seq.), and other applicable law.
(b) Modified and Additional Lease Sales.--Notwithstanding the
schedule of lease sales in the Proposed Oil and Gas Leasing Program:
2012-2017, the Secretary shall conduct under the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.) oil and gas lease sales in OCS
Planning Areas as specified in the following table, during the year
specified in the table for each lease sale:
----------------------------------------------------------------------------------------------------------------
Lease Sale No. OCS Planning Area Year
----------------------------------------------------------------------------------------------------------------
212 Chukchi Sea............................ 2013
217 Beaufort Sea........................... 2016
220 Mid-Atlantic........................... 2013
221 Chukchi Sea............................ 2014
225 Eastern Gulf of Mexico................. 2013
226 Eastern Gulf of Mexico................. 2016
227 Central Gulf of Mexico................. 2013
228 Southern California.................... 2014
229 Western Gulf of Mexico................. 2012
230 Mid-Atlantic........................... 2014
231 Central Gulf of Mexico................. 2014
233 Western Gulf of Mexico................. 2013
234 Eastern Gulf of Mexico................. 2015
235 Central Gulf of Mexico................. 2015
237 Chukchi Sea............................ 2016
238 Western Gulf of Mexico................. 2014
241 Central Gulf of Mexico................. 2016
242 Beaufort Sea........................... 2014
243 Southern California.................... 2017
244 Cook Inlet............................. 2013
245 Mid-Atlantic........................... 2015
246 Western Gulf........................... 2015
247 Central Gulf of Mexico................. 2017
248 Western Gulf of Mexico................. 2016
249 Southern California (existing 2013
infrastructure sale)..................
250 Mid-Atlantic........................... 2017.
----------------------------------------------------------------------------------------------------------------
(c) Lease Sales Described.--For purposes of subsection (b)--
(1) lease sale numbers 225, 226, 227, 229, 231, 233, 235,
237, 238, 241, 242, 244, 246, 247, and 248 are lease sales
proposed in, and shall be conducted in accordance with, the
Proposed Oil and Gas Leasing Program: 2012-2017, except each
lease sale shall be conducted in the year specified for the
sale in the table under subsection (b);
(2) lease sale numbers 212, 217, 220, 221, 228, 230, 234,
243, and 245 are sales proposed in, and shall be conducted in
accordance with, the Draft Proposed Outer Continental Shelf
(OCS) Oil and Gas Leasing Program 2010-2015 (January 2009),
except each lease sale shall be conducted in the year specified
for the sale in the table under subsection (b); and
(3) lease sale number 250 shall be conducted--
(A) for lease tracts in the OCS Planning Area and
Mid-Atlantic OCS Planning Area, respectively, by and at
the discretion of the Secretary, subject to
subparagraph (C);
(B) in the year specified for the lease sale in the
table under subsection (b); and
(C) in accordance with the other provisions of this
Act.
SEC. 4. SOUTHERN CALIFORNIA EXISTING INFRASTRUCTURE LEASE SALE.
(a) In General.--In the case of lease sale number 249, the
Secretary shall offer for sale leases of tracts in the Santa Maria and
Santa Barbara or Ventura Basins of the Southern California OCS Planning
Area as soon as practicable, but not later than December 31, 2013.
(b) Use of Existing Structures or Onshore-Based Drilling.--The
Secretary shall include in leases offered for sale under lease sale
numbers 228, 243, and 249 such terms and conditions as are necessary to
require that development and production may occur only from offshore
infrastructure in existence on the date of the enactment of this Act or
from onshore-based drilling unless, not later than 1 year after the
date of the next scheduled Southern California lease sale, the Governor
of the State of California requests the Secretary to conduct an area-
wide sale.
SEC. 5. REVISED MAP OF THE MID-ATLANTIC PLANNING AREA.
(a) Definition of Mid-Atlantic State.--In this section, the term
``Mid-Atlantic State'' means each of the States of Delaware, Maryland,
North Carolina, and Virginia.
(b) Revision of Map.--Subject to subsection (c), the Secretary
shall revise the Bureau of Ocean Energy Management, Regulation and
Enforcement map entitled ``Atlantic NAD 83 Federal Outer Continental
Shelf (OCS) Administrative Boundaries'' and dated January 2010 to
ensure that the square footage of the leasable area in the Mid-Atlantic
planning area is directly proportional to the length of the tidal
shoreline of the Mid-Atlantic States, as determined using the
information on tidal shorelines provided in the document published by
the National Oceanic and Atmospheric Administration entitled ``The
Coastline of the United States'' and numbered NOAA/PA 71046 (1975).
(c) Limitation.--Nothing in this section affects the boundary of
Lease Sale 220.
SEC. 6. NATIONAL DEFENSE.
(a) National Defense Areas.--This Act shall not affect the
authority of the Secretary of Defense, with the approval of the
President, to designate national defense areas on the outer Continental
Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1341(d)).
(b) Prohibition on Conflicts With Military Operations.--No person
may engage in any exploration, development, or production of oil or
natural gas on the Outer Continental Shelf under a lease issued under
this Act that would conflict with any military operation, as determined
in accordance with--
(1) the Memorandum of Agreement between the Department of
Defense and the Department of the Interior on Mutual Concerns
on the Outer Continental Shelf signed July 20, 1983; and
(2) any revision or replacement for that agreement that is
agreed to by the Secretary of Defense and the Secretary of the
Interior after that date but before the date of issuance of the
lease under which the exploration, development, or production
is conducted.
SEC. 7. ENVIRONMENTAL IMPACT STATEMENT REQUIREMENT.
(a) In General.--For purposes of this Act and to conduct lease
sales in accordance with the lease sale schedule established by this
Act, the Secretary shall prepare a multisale environmental impact
statement under section 102 of the National Environmental Policy Act of
1969 (42 U.S.C. 4332) for all lease sales required under this Act that
are not included in the Proposed Oil and Gas Leasing Program: 2012-
2017.
(b) Actions To Be Considered.--Notwithstanding section 102 of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332), in the
statement described in subsection (a)--
(1) the Secretary is not required to identify nonleasing
alternative courses of action or to analyze the environmental
effects of alternative courses of action; and
(2) the Secretary shall only--
(A) identify a preferred action for leasing and not
more than 1 alternative leasing proposal; and
(B) analyze the environmental effects and potential
mitigation measures for the preferred action and the
alternative leasing proposal.
SEC. 8. EASTERN GULF OF MEXICO PROTECTIONS.
Nothing in this Act affects restrictions on oil and gas leasing
under the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331
note; Public Law 109-432).
SEC. 9. AREA-WIDE LEASE SALES.
Except as provided in sections 4, 6, and 8, and except as deferred
under subsistence deferral in the Barrow vicinity under the Proposed
Oil and Gas Leasing Program: 2012-2017, all lease sales conducted
pursuant to this Act shall be area-wide lease sales.
SEC. 10. COASTAL STATE REVENUE SHARING FOR OUTER CONTINENTAL SHELF
ENERGY SOURCES.
(a) In General.--
(1) Fiscal years 2012 through 2022.--Notwithstanding
section 9 of the Outer Continental Shelf Lands Act (43 U.S.C.
1338) and subject to the other provisions of this section, for
each of fiscal years 2012 through 2022, the Secretary of the
Treasury shall deposit in a special account in the Treasury,
and the Secretary of the Interior shall disburse, 37.5 percent
of all revenues derived from all rentals, royalties, bonus
bids, and other sums due and payable to the United States from
outer Continental Shelf areas not scheduled for lease sale
under Proposed Oil and Gas Leasing Program: 2012-2017 to
coastal States and coastal political subdivisions in accordance
with subsection (b).
(2) Subsequent fiscal years.--Notwithstanding section 9 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1338) and
subject to the other provisions of this section, for fiscal
year 2023 and each subsequent fiscal year, the Secretary of the
Treasury shall deposit in a special account in the Treasury,
and the Secretary of the Interior shall disburse, 37.5 percent
of all revenues derived from all rentals, royalties, bonus
bids, and other sums due and payable to the United States from
outer Continental Shelf areas to coastal States and coastal
political subdivisions in accordance with subsection (b).
(b) Allocation Among Coastal States and Coastal Political
Subdivisions.--
(1) In general.--Subject to paragraph (2), for each fiscal
year, the amount made available under subsection (a) from any
lease shall be allocated to each coastal State in amounts
(based on a formula established by the Secretary by regulation)
that are inversely proportional to the respective distances
between the point on the coastline of each coastal State that
is closest to the geographic center of the applicable leased
tract and the geographic center of the leased tract.
(2) Payments to coastal political subdivisions.--
(A) In general.--The Secretary shall pay 25 percent
of the allocable share of each coastal State, as
determined under paragraph (1), to the coastal
political subdivisions of the coastal State.
(B) Allocation.--The amount paid by the Secretary
to coastal political subdivisions shall be allocated to
each coastal political subdivision in accordance with
subparagraphs (B), (C), and (E) of section 31(b)(4) of
the Outer Continental Shelf Lands Act (43 U.S.C.
1356a(b)(4)).
(c) Administration.--The Secretary shall ensure that revenues from
all sources of renewable and nonrenewable energy leased and produced
from any outer Continental Shelf area are distributed among coastal
States and coastal political subdivisions in accordance with this
section.
(d) Additional Revenues.--Revenues made available to coastal States
and coastal political subdivisions under this section shall be in
addition to any revenues made available to Gulf producing States and
political subdivisions under the Gulf of Mexico Energy Security Act of
2006 (43 U.S.C. 1331 note; Public Law 109-432).
(e) Repeal of Limitations on Amount of Distributed Qualified Outer
Continental Shelf Revenues.--
(1) In general.--Section 105 of the Gulf of Mexico Energy
Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432)
is amended by striking subsection (f).
(2) Effective date.--The amendment made by paragraph (1)
takes effect on the date that is 10 years after the date of
enactment of this Act. | Offshore Petroleum Expansion Now Act of 2012 - Directs the Secretary of the Interior to implement the Proposed Oil & Gas Leasing Program: 2012-2017 in accordance with the schedule for conducting oil and gas lease sales set forth in it and in the Outer Continental Shelf Lands Act.
Directs the Secretary to conduct each of specified oil and gas lease sales in the Outer Continental Shelf (OCS) Planning Areas, including certain ones in the Draft Proposed Outer Continental Shelf (OCS) Oil and Gas Leasing Program (2010-2015), during its specified year.
Requires the Secretary to offer for sale, no later than December 31, 2013, leases of tracts in the Santa Maria and Santa Barbara or Ventura Basins of the Southern California OCS Planning Area.
Directs the Secretary to revise a specified Bureau of Ocean Energy Management, Regulation and Enforcement map, dated January 2010, to ensure that the square footage of the leasable area in the Mid-Atlantic planning area is directly proportional to the length of the tidal shoreline of the Mid-Atlantic States (Delaware, Maryland, North Carolina, and Virginia).
Retains the authority of the Secretary of Defense (DOD) to designate national defense areas on the OCS.
Requires the Secretary to prepare a multisale environmental impact statement pursuant to the National Environmental Policy Act of 1969 for lease sales required under this Act that are not included in the Proposed Leasing Program (2012-2017).
Declares that nothing in this Act affects restrictions on oil and gas leasing under the Gulf of Mexico Energy Security Act of 2006.
Requires all lease sales conducted pursuant to this Act, with specified exceptions, to be area-wide lease sales.
Directs the Secretary of the Treasury, for each of FY2012-FY2022, to deposit in a special account in the Treasury 37.5 % of all revenues due and payable to the United States from OCS areas not scheduled for lease sale under Proposed Oil and Gas Leasing Program: 2012-2017. Instructs the Secretary of the Interior to disburse such funds to coastal states and coastal political subdivisions.
Prescribes an allocation formula for coastal states and coastal political subdivisions.
Amends the Gulf of Mexico Energy Security Act of 2006 to repeal limitations placed upon the amount of distributed qualified OCS revenues. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Interior to implement the Proposed Final Outer Continental Shelf Oil and Gas Leasing Program: 2012-2017 and conduct additional oil and gas lease sales to promote offshore energy development in the United States for a more secure energy future, and for other purposes."} | 2,962 | 513 | 0.628126 | 1.86433 | 0.71805 | 5.40553 | 5.788018 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Geothermal Exploration and
Technology Act of 2015''.
SEC. 2. GEOTHERMAL EXPLORATORY DRILLING LOAN PROGRAM.
(a) Definitions.--In this section:
(1) Fund.--The term ``Fund'' means the Geothermal
Investment Fund established under subsection (h).
(2) Program.--The term ``program'' means the direct loan
program for high risk geothermal exploration wells established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(b) Establishment.--The Secretary shall establish a direct loan
program for high risk geothermal exploration wells.
(c) Applications.--An applicant that seeks to receive a loan under
the program may submit to the Secretary an application for the loan at
such time, in such form, and containing such information as the
Secretary may prescribe.
(d) Project Criteria.--
(1) In general.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall consider--
(A) the potential for unproven geothermal resources
that would be explored and developed under a project;
(B) the expertise and experience of an applicant in
developing geothermal resources; and
(C) the importance of the project in meeting the
goals of the Department of Energy.
(2) Preference.--In selecting applicants for loans under
this section to carry out projects under the program, the
Secretary shall provide a preference for projects likely to
lead to successful new geothermal development leading to
electricity production.
(e) Data Sharing.--Data from all exploratory wells that are carried
out under the program shall be provided to the Secretary and the
Secretary of the Interior for use in mapping national geothermal
resources and other uses, including--
(1) subsurface geologic data;
(2) metadata;
(3) borehole temperature data; and
(4) inclusion in the National Geothermal Data System of the
Department of Energy.
(f) Administration.--
(1) Cost share.--
(A) In general.--The Secretary shall determine the
cost share for a loan made under this section.
(B) Higher risks.--The Secretary may base the cost
share percentage for loans made under this section on a
sliding scale, with higher Federal shares awarded to
projects with higher risks.
(2) Number of wells.--The Secretary shall determine the
number of wells for each selected geothermal project for which
a loan may be made under this section.
(3) Unproductive projects.--The Secretary may grant further
delays or dispense with the repayment obligation on a
demonstration that a selected geothermal project is
unproductive.
(g) Loan Repayment.--
(1) Commencement.--The recipient of a loan made under this
section for a geothermal facility shall commence repayment of
the loan beginning on the earlier of--
(A) the date that is 4 years after the date the
loan is made; or
(B) the date on which the geothermal facility
enters into commercial production.
(2) Term.--
(A) In general.--Except as provided in subparagraph
(B), the term of a loan made under this section shall
be 4 years beginning on the applicable loan repayment
commencement date under paragraph (1).
(B) Extension.--The Secretary may extend the term
of a loan under this section for not more than 4 years.
(3) Use of loan repayments.--Amounts repaid on loans made
under this section shall be deposited in the Fund.
(h) Geothermal Investment Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a fund to be known as the
``Geothermal Investment Fund'', to be administered by the
Secretary, to be available without fiscal year limitation and
not subject to appropriation, to carry out this section.
(2) Transfers to fund.--The Fund shall consist of--
(A) such amounts as are appropriated to the Fund
under subsection (j); and
(B) amounts repaid on loans under subsection
(g)(3).
(3) Prohibition.--Amounts in the Fund may not be made
available for any purpose other than a purpose described in
paragraph (1).
(4) Annual reports.--
(A) In general.--Not later than 60 days after the
end of each fiscal year beginning with fiscal year
2016, the Secretary of Energy shall submit to the the
Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a report on the operation of the
Fund during the fiscal year.
(B) Contents.--Each report shall include, for the
fiscal year covered by the report, the following:
(i) A statement of the amounts deposited
into the Fund.
(ii) A description of the expenditures made
from the Fund for the fiscal year, including
the purpose of the expenditures.
(iii) Recommendations for additional
authorities to fulfill the purpose of the Fund.
(iv) A statement of the balance remaining
in the Fund at the end of the fiscal year.
(i) Guidelines.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall issue guidelines for
the implementation of the program.
(2) Administration.--The guidelines shall--
(A) specify--
(i) the terms and conditions that would
require a higher or lower level of cost sharing
under this section;
(ii) the conditions under which the
Secretary will allow loan modifications or
forgiveness in cases in which a well cannot be
used for production or injection; and
(iii) the information necessary to provide
a loan applicant with certainty about
application of subsection (f), including the
level of cost and risk that the applicant and
the Secretary will assume; and
(B) require that--
(i) loans be provided under this section
only after the developer has committed the
share of the developer for expenditures for
drilling costs; and
(ii) loans for successful wells shall be
repaid by the developer within a 10-year
period.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary for
each of fiscal years 2016 through 2025.
SEC. 3. LARGE-SCALE GEOTHERMAL ENERGY.
Title VI of the Energy Independence and Security Act of 2007 is
amended by inserting after section 616 (42 U.S.C. 17195) the following:
``SEC. 616A. LARGE-SCALE GEOTHERMAL ENERGY.
``(a) Findings.--Congress finds that--
``(1) the Geothermal Technologies Program of the Office of
Energy Efficiency and Renewable Energy of the Department has
included a focus on direct use of geothermal energy in the low-
temperature geothermal energy subprogram (including in the
development of a research and development plan for the
program);
``(2) the Building Technologies Program of the Office of
Energy Efficiency and Renewable Energy of the Department--
``(A) is focused on the energy demand and energy
efficiency of buildings; and
``(B) includes geothermal heat pumps as a component
technology in the residential and commercial deployment
activities of the program; and
``(3) geothermal heat pumps and direct use of geothermal
energy, especially in large-scale applications, can make a
significant contribution to the use of renewable energy but are
underrepresented in research, development, demonstration, and
commercialization.
``(b) Purposes.--The purposes of this section are--
``(1) to improve the components, processes, and systems
used for geothermal heat pumps and the direct use of geothermal
energy; and
``(2) to increase the energy efficiency, lower the cost,
increase the use, and improve and demonstrate the applicability
of geothermal heat pumps to, and the direct use of geothermal
energy in, large buildings, commercial districts, residential
communities, and large municipal, agricultural, or industrial
projects.
``(c) Definitions.--In this section:
``(1) Direct use of geothermal energy.--The term `direct
use of geothermal energy' means systems that use water that is
at a temperature between approximately 38 degrees Celsius and
149 degrees Celsius directly or through a heat exchanger to
provide--
``(A) heating to buildings; or
``(B) heat required for industrial processes,
agriculture, aquaculture, and other facilities.
``(2) Geothermal heat pump.--The term `geothermal heat
pump' means a system that provides heating and cooling by
exchanging heat from shallow ground or surface water using--
``(A) a closed loop system, which transfers heat by
way of buried or immersed pipes that contain a mix of
water and antifreeze; or
``(B) an open loop system, which circulates ground
or surface water directly into the building and returns
the water to the same aquifer or surface water source.
``(3) Large-scale application.--The term `large-scale
application' means an application for space or process heating
or cooling for large entities with a name-plate capacity,
expected resource, or rating of 10 or more megawatts, such as a
large building, commercial district, residential community, or
a large municipal, agricultural, or industrial project.
``(4) Secretary.--The term `Secretary' means Secretary of
Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy.
``(d) Program.--
``(1) In general.--The Secretary shall establish a program
of research, development, demonstration, and commercial
application for geothermal heat pumps and the direct use of
geothermal energy.
``(2) Areas.--The program may include research,
development, demonstration, and commercial application of--
``(A) geothermal ground loop efficiency
improvements through more efficient heat transfer
fluids;
``(B) geothermal ground loop efficiency
improvements through more efficient thermal grouts for
wells and trenches;
``(C) geothermal ground loop installation cost
reduction through--
``(i) improved drilling methods;
``(ii) improvements in drilling equipment;
``(iii) improvements in design methodology
and energy analysis procedures; and
``(iv) improved methods for determination
of ground thermal properties and ground
temperatures;
``(D) installing geothermal ground loops near the
foundation walls of new construction to take advantage
of existing structures;
``(E) using gray or black wastewater as a method of
heat exchange;
``(F) improving geothermal heat pump system
economics through integration of geothermal systems
with other building systems, including providing hot
and cold water and rejecting or circulating industrial
process heat through refrigeration heat rejection and
waste heat recovery;
``(G) advanced geothermal systems using variable
pumping rates to increase efficiency;
``(H) geothermal heat pump efficiency improvements;
``(I) use of hot water found in mines and mine
shafts and other surface waters as the heat exchange
medium;
``(J) heating of districts, neighborhoods,
communities, large commercial or public buildings
(including office, retail, educational, government, and
institutional buildings and multifamily residential
buildings and campuses), and industrial and
manufacturing facilities;
``(K) geothermal system integration with solar
thermal water heating or cool roofs and solar-
regenerated desiccants to balance loads and use
building hot water to store geothermal energy;
``(L) use of hot water coproduced from oil and gas
recovery;
``(M) use of water sources at a temperature of less
than 150 degrees Celsius for direct use;
``(N) system integration of direct use with
geothermal electricity production; and
``(O) coproduction of heat and power, including on-
site use.
``(3) Environmental impacts.--In carrying out the program,
the Secretary shall identify and mitigate potential
environmental impacts in accordance with section 614(c).
``(e) Grants.--
``(1) In general.--The Secretary shall make grants
available to State and local governments, institutions of
higher education, nonprofit entities, utilities, and for-profit
companies (including manufacturers of heat-pump and direct-use
components and systems) to promote the development of
geothermal heat pumps and the direct use of geothermal energy.
``(2) Priority.--In making grants under this subsection,
the Secretary shall give priority to proposals that apply to
large buildings (including office, retail, educational,
government, institutional, and multifamily residential
buildings and campuses and industrial and manufacturing
facilities), commercial districts, and residential communities.
``(3) National solicitation.--Not later than 180 days after
the date of enactment of this section, the Secretary shall
conduct a national solicitation for applications for grants
under this section.
``(f) Reports.--
``(1) In general.--Not later than 2 years after the date of
enactment of this section and annually thereafter, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Science and
Technology of the House of Representatives a report on progress
made and results obtained under this section to develop
geothermal heat pumps and direct use of geothermal energy.
``(2) Areas.--Each of the reports required under this
subsection shall include--
``(A) an analysis of progress made in each of the
areas described in subsection (d)(2); and
``(B)(i) a description of any relevant
recommendations made during a review of the program;
and
``(ii) any plans to address the recommendations
under clause (i).
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
are necessary for each of fiscal years 2016 through 2020.''.
SEC. 4. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
GAS LEASES.
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) Land subject to oil and gas lease.--Land under an oil
and gas lease issued pursuant to the Mineral Leasing Act (30
U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
Lands (30 U.S.C. 351 et seq.) that is subject to an approved
application for permit to drill and from which oil and gas
production is occurring may be available for leasing under
subsection (c) by the holder of the oil and gas lease--
``(A) on a determination that--
``(i) geothermal energy will be produced
from a well producing or capable of producing
oil and gas; and
``(ii) the public interest will be served
by the issuance of such a lease; and
``(B) in order to provide for the coproduction of
geothermal energy with oil and gas.''. | Geothermal Exploration and Technology Act of 2015 This bill requires the Department of Energy (DOE) to establish a direct loan program for high risk geothermal exploration wells, and gives preference to loans to carry out projects that are likely to lead to successful new geothermal development leading to electricity production. Data from exploratory wells must be provided to DOE and the Department of the Interior for use in mapping national geothermal resources and other uses. DOE must determine the number of wells for each selected geothermal project for which a loan may be made. The Geothermal Investment Fund is established to carry out the program. Amounts repaid on loans must be deposited in the Fund. The bill amends the Energy Independence and Security Act of 2007 to require DOE to establish a program of research, development, demonstration, and commercial application for geothermal heat pumps and the direct use of geothermal energy. In carrying out the program, DOE must identify and mitigate potential environmental impacts. DOE must make grants to promote the development of geothermal heat pumps and the direct use of geothermal energy, giving priority to proposals that apply to large buildings, commercial districts, and residential communities. The bill amends the Geothermal Steam Act of 1970 to allow the holder of an oil and gas lease of public land to also lease the land for the production of geothermal energy if: (1) the holder of the oil and gas lease has an approved drilling permit, (2) the geothermal energy will be produced from a well producing or capable of producing oil and gas, (3) the geothermal lease would serve the public interest, and (4) oil and gas production is currently occurring under the existing lease. | {"src": "billsum_train", "title": "Geothermal Exploration and Technology Act of 2015"} | 3,337 | 366 | 0.675413 | 2.13945 | 0.796151 | 4.338608 | 9.702532 | 0.920886 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Heavy Truck Tax Fairness Act of
2010''.
SEC. 2. REPEAL OF EXCISE TAX ON HEAVY TRUCKS AND TRAILERS.
(a) In General.--Chapter 31 of the Internal Revenue Code of 1986
(relating to retail excise taxes) is amended by striking subchapter C
(relating to heavy trucks and trailers).
(b) Conforming Amendments.--
(1) Section 4002(d)(2) of such Code is amended by inserting
``(as in effect be the date of the enactment of the Heavy Truck
Tax Fairness Act of 2010)'' after ``section 4052(b)''.
(2) Section 4072(c) of such Code is amended by inserting
``(as in effect be the date of the enactment of the Heavy Truck
Tax Fairness Act of 2010)'' after ``section 4053(8)''.
(3) Section 4221 of such Code is amended--
(A) in subsection (a) by striking ``4051, or'', and
(B) in subsection (c) by striking ``, 4001(d) or
4053(6)'' and inserting ``or 4001(d)''.
(4) Section 4222(d) of such Code is amended by striking
``4053(6),''.
(5) Section 4293 of such Code is amended by striking
``section 4051,''.
(6) Section 6416(b)(6) of such Code is amended--
(A) in subparagraph (A) by inserting ``on or before
the date of the enactment of Heavy Truck Tax Fairness
Act of 2010'' after ``section 4051'', and
(B) in subparagraph (B) by inserting ``on or before
such date'' after ``section 4051''.
(7) Section 9503(b)(1) of such Code is amended by striking
subparagraph (B) and redesignating subparagraphs (C), (D), and
(E) as subparagraphs (B), (C), and (D), respectively.
(8) The table of subchapters for chapter 31 of such Code is
amended by striking the item relating to subchapter C.
(c) Effective Date.--The amendments made by this section shall
apply to articles sold by the manufacturer, producer, or importer after
the date of the enactment of this Act.
SEC. 3. INCREASE IN TAX ON DIESEL FUEL OR KEROSENE.
(a) In General.--
(1) Clause (iii) of section 4081(a)(2)(A) of the Internal
Revenue Code of 1986 is amended by striking ``24.3 cents'' and
inserting ``31.6 cents''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to fuel removed, entered, or sold after the date of
the enactment of this Act.
(b) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any taxable liquid
which is held on the floor stocks tax date by any person, there
is hereby imposed a floor stocks tax equal to the excess of the
tax which would be imposed on such liquid under section 4041 or
4081 of the Internal Revenue Code of 1986 had the taxable event
occurred on the floor stocks tax date over the tax paid under
any such section on such liquid.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding a liquid
on the floor stocks tax date to which the 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 shall prescribe.
(C) Time of payment.--The tax imposed by paragraph
(1) shall be paid on or before the date which is 6
months after the floor stocks tax date.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--A liquid shall be considered
as held by a person if title thereto has passed to such
person (whether or not delivery to the person has been
made).
(B) Taxable liquid.--The term ``taxable liquid''
means diesel fuel and kerosene (other than aviation-
grade kerosene).
(C) Floor stocks date.--The term ``floor stocks tax
date'' means the date of the enactment of this Act.
(D) Secretary.--The term ``Secretary'' means the
Secretary of the Treasury.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to taxable liquid held by any
person exclusively for any use to the extent a credit or refund
of the tax imposed by a section of such Code is allowable for
such use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on taxable liquid held in the tank
of a motor vehicle or motorboat.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by
paragraph (1) on any liquid held on the floor stocks
tax date by any person if the aggregate amount of
liquid held by such person on such date does not exceed
2,000 gallons. The preceding sentence shall apply only
if such person submits to the Secretary (at the time
and in the manner required by the Secretary) such
information as the Secretary shall require for purposes
of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (1),
there shall not be taken into account fuel held by any
person which is exempt from the tax imposed by
paragraph (1) by reason of paragraph (4) or (5).
(C) Controlled groups.--For purposes of this
section--
(i) Corporations.--
(I) In general.--All persons
treated as a controlled group shall be
treated as 1 person.
(II) Controlled group.--The term
``controlled group'' has the meaning
given to such term by subsection (a) of
section 1563 of such Code; except that
for such purposes the phrase ``more
than 50 percent'' shall be substituted
for the phrase ``at least 80 percent''
each place it appears in such
subsection.
(ii) Nonincorporated persons under common
control.--Under regulations prescribed by the
Secretary, principles similar to the principles
of clause (i) shall apply to a group of persons
under common control where 1 or more of such
persons is not a corporation.
(7) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by chapter 31 or 32 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
section, apply with respect to the floor stock taxes imposed by
paragraph (1) to the same extent as if such taxes were imposed
by such chapter. | Heavy Truck Tax Fairness Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the excise tax on heavy trucks and trailers sold at retail; (2) increase the rate of tax on diesel fuel or kerosene to 31.6 cents per gallon; and (3) impose a floor stocks tax with respect to certain taxable fuels.. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes."} | 1,568 | 80 | 0.57254 | 1.286545 | 0.290529 | 3.136364 | 20.954545 | 0.863636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness for High-Skilled Immigrants
Act''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section 203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is determined
that the total number of immigrant visas made available under section
203(a) to natives of any single foreign state or dependent area will
exceed the numerical limitation specified in subsection (a)(2) in any
fiscal year, in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to natives of
that state or area shall be allocated (to the extent practicable and
otherwise consistent with this section and section 203) in a manner so
that, except as provided in subsection (a)(4), the proportion of the
visa numbers made available under each of paragraphs (1) through (4) of
section 203(a) is equal to the ratio of the total number of visas made
available under the respective paragraph to the total number of visas
made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese Student
Protection Act of 1992 (8 U.S.C. 1255 note) is amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section shall take
effect as if enacted on September 30, 2011, and shall apply to fiscal
years beginning with fiscal year 2012.
(e) Transition Rules for Employment-Based Immigrants.--
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.), the following
rules shall apply:
(A) For fiscal year 2012, 15 percent of the total
number of immigrant visas made available under section
203(b) of such Act (8 U.S.C. 1153(b)) shall be allotted
to immigrants who are natives of a foreign state or
dependent area that was not one of the two states with
the largest numbers of natives obtaining lawful
permanent resident status during fiscal year 2010 under
such section 203(b).
(B) For fiscal year 2013, 10 percent of the total
number of immigrant visas made available under such
section 203(b) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest numbers of
natives obtaining lawful permanent resident status
during fiscal year 2011 under such section 203(b).
(C) For fiscal year 2014, 10 percent of the total
number of immigrant visas made available under such
section 203(b) shall be allotted to immigrants who are
natives of a foreign state or dependent area that was
not one of the two states with the largest numbers of
natives obtaining lawful permanent resident status
during fiscal year 2012 under such section 203(b).
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas
reserved under each of subparagraphs (A) through (C) of
paragraph (1), the number of such visas made available
to natives of any single foreign state or dependent
area in the appropriate fiscal year may not exceed 25
percent (in the case of a single foreign state) or 2
percent (in the case of a dependent area) of the total
number of such visas.
(B) Unreserved visas.--
(i) In general.--With respect to the
immigrant visas made available under such
section 203(b) and not reserved under paragraph
(1), for each of fiscal years 2012, 2013, and
2014, not more than the number of such visas
calculated under clause (ii) shall be allotted
to immigrants who are natives of any single
foreign state.
(ii) Calculation of number.--The numbers of
visas calculated under this clause for a fiscal
year is the number that is equal to 70 percent
of the total number of immigrant visas made
available under such section 203(b) for such
fiscal year.
(3) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state to
which an alien is chargeable for purposes of this subsection. | Fairness for High-Skilled Immigrants Act - Amends the Immigration and Nationality Act to: (1) eliminate the per country numerical limitation for employment-based immigrants, and (2) increase the per country numerical limitation for family based immigrants.
Amends the Chinese Student Protection Act of 1992 to eliminate the provision requiring the reduction of annual Chinese immigrant visas to offset status adjustments under such Act. | {"src": "billsum_train", "title": "A bill to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes."} | 1,294 | 89 | 0.506764 | 1.289904 | 0.576785 | 2.066667 | 15.013333 | 0.84 |
That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Agriculture, Education, Health and
Human Services, and Transportation for the fiscal year ending September
30, 2005, and for other purposes, namely:
TITLE I--DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
salaries and expenses
(including transfers of funds)
For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry
out inspection, quarantine, and regulatory activities; and to protect
the environment, as authorized by law, $866,361,000, of which
$4,119,000 shall be available for the control of outbreaks of insects,
plant diseases, animal diseases and for control of pest animals and
birds to the extent necessary to meet emergency conditions: Provided,
That this appropriation shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed four, of
which two shall be for replacement only: Provided further, That, in
addition, in emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may transfer from
other appropriations or funds available to the agencies or corporations
of the Department such sums as may be deemed necessary, to be available
only in such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or plants, and for
expenses in accordance with sections 10411 and 10417 of the Animal
Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
unexpended balances of funds transferred for such emergency purposes in
the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
In fiscal year 2005, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic
and international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods,
or services provided to the entity by the agency, and such fees shall
be credited to this account, to remain available until expended,
without further appropriation, for providing such assistance, goods, or
services.
RURAL DEVELOPMENT PROGRAMS
Rural Community Advancement Program
For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $963,013,500, to remain available until expended, of which
$86,439,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $801,594,500 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act; and of which $74,980,000 shall be for the rural
business and cooperative development programs described in sections
381E(d)(3) and 310B(f) of such Act.
Rural Housing Service
rural housing insurance fund program account
(including transfer of funds)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949,
to be available from funds in the rural housing insurance fund, as
follows: $5,198,275,000 for loans to section 502 borrowers, as
determined by the Secretary, of which $2,200,000,000 shall be for
direct loans, and of which $2,725,185,000 shall be for unsubsidized
guaranteed loans; $35,000,000 for section 504 housing repair loans;
$116,545,000 for section 515 rental housing; $100,000,000 for section
538 guaranteed multi-family housing loans; $5,045,000 for section 524
site loans; $11,501,000 for credit sales of acquired property, of which
up to $1,501,000 may be for multi-family credit sales; and $5,000,000
for section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $288,368,000, of which
$254,760,000 shall be for direct loans, and of which $33,608,000 to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $10,171,000; section 515
rental housing, $54,881,000; section 538 multi-family housing
guaranteed loans, $3,490,000; multi-family credit sales of acquired
property, $727,000: Provided, That of the total amount appropriated in
this paragraph, $7,100,000 shall be available through June 30, 2005,
for authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $465,886,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
Rural Utilities Service
rural telephone bank program account
(including transfer of funds)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs. During fiscal year 2005 and within the
resources and authority available, gross obligations for the principal
amount of direct loans shall be $173,503,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,328,000, which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount of
direct broadband telecommunication loans, $675,917,000.
For grants for telemedicine and distance learning services in rural
areas, as authorized by 7 U.S.C. 950aaa et seq., $50,000,000, to remain
available until expended.
For the cost of telemedicine and distance learning services loans
in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $4,260,000,
to remain available until expended.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $17,229,000: Provided further, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $18,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.
TITLE II--DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
rural education achievement program
For carrying out rural education activities authorized by part B of
title VI of the Elementary and Secondary Education Act of 1965,
$300,000,000, which shall become available on July 1, 2005, and remain
available through September 30, 2006, for academic year 2005-2006.
TITLE III--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
health resources and services
programs of special importance to rural america
For carrying out sections 330, 330A, 330I, 330J, 331 through 338I,
338J, 340, 340G, 747, 750, 751, 752, 754, 757, and 846 of the Public
Health Service Act, sections 711 and 1820 of the Social Security Act,
and the Rural Access to Emergency Devices Act, $2,547,066,000, all of
which shall be derived from general revenues notwithstanding section
1820(j) of the Social Security Act.
TITLE IV--DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
Payments to Air Carriers
(airport and airway trust fund)
To carry out the essential air service program under 49 U.S.C.
41731 through 41742, $115,000,000 to be derived from the Airport and
Airway Trust Fund and from amounts received by the Federal Aviation
Administration credited to the amount established under section 45303
of Title 49, U.S.C., to remain available until expended.
TITLE V--OFFSET
In the case of taxpayers with adjusted gross income in excess of
$1,000,000 for calendar year 2004, the amount of the tax reduction
resulting from enactment of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (Public Law 108-27) and enactment of the
Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law
107-16) shall be reduced by 5.1 percent. | Appropriates FY 2005 appropriations to the Department of Agriculture for the: (1) Animal and Plant Health Inspection Service; (2) Rural Community Advancement Program; (3) Rural Housing Service; and (4) Rural Utilities Service (rural telephone bank program account, and distance learning, telemedicine, and broadband program).
Appropriates FY 2005 appropriations to the Department of Education for the rural education achievement program.
Appropriates FY 2005 appropriations to the Department of Health and Human Services for rural programs of the Health Resources and Services Administration.
Appropriates FY 2005 appropriations to the Department of Transportation for air carrier payments.
States that for taxpayers with adjusted gross income in excess of $1 million for calendar year 2004 the amount of the tax reduction resulting from enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 and enactment of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall be reduced by 5.1 percent. | {"src": "billsum_train", "title": "Making appropriations for the Departments of Agriculture, Education, Health and Human Services, and Transportation for the fiscal year ending September 30, 2005, and for other purposes."} | 2,071 | 203 | 0.403201 | 1.248897 | 0.57417 | 4.033898 | 10.169492 | 0.903955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E. coli Traceability and Eradication
Act''.
SEC. 2. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF.
(a) Amendment.--Title I of the Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended by adding at the end the following:
``SEC. 26. SHIGA TOXIN-PRODUCING E. COLI ERADICATION IN GROUND BEEF.
``(a) In General.--The Secretary of Agriculture shall require that
slaughterhouses, processing establishments, and grinding facilities
described in subsection (b) test for and report on the presence of
Shiga toxin-producing E. coli at the following points:
``(1) One test at the slaughterhouse or processing
establishment at which source trim was produced and 1 test of
the source trim or bench trim at the receiving facility prior
to combining with other lots from different sources.
``(2) If the source trim and grinding occurs at the same
facility, 1 test of the source trim and 1 test of the final
ground product.
``(b) Administration.--To carry out this section, the Secretary
shall--
``(1) publish peer-reviewed, science-based requirements for
sampling protocols that establish, for each product type--
``(A) lot size limitations;
``(B) sample size and the methodology used to
calculate the sample size;
``(C) sample number;
``(D) the expected power of the sample;
``(E) in-field and laboratory sampling collection
methods; and
``(F) a standard for validating laboratory test
methods;
``(2) at least every two years, publish a peer review of
the sampling protocols referred to in paragraph (1) and any
necessary revisions of such protocols;
``(3) approve establishment sampling protocols consistent
with the sampling protocols referred to in paragraph (1); and
``(4) in the case of a positive sample that indicates the
presence of Shiga toxin-producing E. coli in a lot of an
establishment--
``(A) conduct an investigation sufficient to
identify the original source of contamination using
sampling protocols that include--
``(i) collecting documentary evidence; and
``(ii) collecting and analyzing a
sufficient number of meat samples from the
source lots, as identified by the collection of
documentary evidence conducted under clause
(i), to determine the presence or absence of
the pathogen in the source lots and the
identity of the establishment that was the
original source of contamination at locations
that may include--
``(I) the establishment that tested
the meat from the original product
lots;
``(II) an intermediary processor or
warehouse holding meat from the same
original product lots;
``(III) the establishment that
produced the original product lots; or
``(IV) a Federally inspected or
retail establishment that received part
of the original product lots;
``(B) verify that meat or meat food products
contaminated with Shiga toxin-producing E. coli, and
the entire lot that is represented by the sample, are
disposed of or treated to eradicate Shiga toxin-
producing E. coli (in accordance with guidelines of the
Secretary) before entry into commerce; and
``(C) promulgate regulations that require that the
slaughterhouse or processing establishment takes
corrective action and takes measures to prevent
reoccurrence.
``(c) Testing.--
``(1) In general.--A slaughterhouse or processing
establishment producing or a grinding facility receiving
trimmings shall test each lot using sampling standards and
procedures determined by the Secretary.
``(2) Testing facilities.--
``(A) In general.--An establishment shall use an
independent testing facility accredited by the
Secretary that uses methods that are at least
equivalent in specificity and sensitivity to the
methods used by the Secretary to test beef trimmings.
``(B) Administration.--In using an independent
testing facility under subparagraph (A), the
establishment--
``(i) shall contract with the facility on
an annual basis; and
``(ii) shall not terminate the contract on
the basis of positive test results reported by
the facility.
``(3) Proficiency testing service.--A laboratory that tests
beef for Shiga toxin-producing E. coli shall contract with a
testing service to verify the proficiency of the laboratory.
``(4) Transmission of testing results.--
``(A) In general.--Test results of any testing
conducted under this subsection shall be delivered, not
later than 24 hours after such results are obtained, to
a specific individual designated by each
slaughterhouse, processing establishment, or grinding
facility.
``(B) Transmission to secretary.--The
slaughterhouse, processing establishment, or grinding
facility shall report any positive or presumptive
positive results directly to the Secretary through
electronic means not later than 24 hours after receipt
of results from a testing facility.
``(5) Habitual violators.--A slaughterhouse or processing
establishment that produces or distributes trim that receives
positive results that exceed the maximum allowable percentage
of positive results for 3 consecutive days or more than 10
instances per year shall be listed on the public website of the
Secretary as a habitual violator.
``(6) Compliance.--The Secretary shall take necessary
regulatory action with respect to an establishment that fails
to test, notify the Secretary of positive results, or otherwise
comply with this subsection.
``(d) Imported Ground Beef.--
``(1) In general.--Any trim, bench trim, and ground beef
originating from outside the United States shall be subject to
the same requirements as apply to domestic trim, bench trim,
and ground beef under this section.
``(2) Verification.--
``(A) In general.--To be eligible for importation
into the United States, a foreign facility shall
provide a certification of compliance with paragraph
(1) to a domestic slaughterhouse, processing
establishment, or grinding facility.
``(B) Secondary testing.--The domestic
slaughterhouse, processing establishment, or grinding
facility shall verify the results of the certification
by conducting secondary testing of the trim, bench
trim, or ground beef before processing into a final
ground beef product.''.
(b) Application.--Section 26 of the Federal Meat Inspection Act, as
amended by subsection (a), shall apply--
(1) effective 180 days after the date of the enactment of
this section, to--
(A) all slaughterhouses and processing
establishments that produce more than 25,000 pounds of
trim per day; and
(B) grinding facilities that grind more than 25,000
pounds of trim or bench trim per day;
(2) effective December 1, 2011, to--
(A) all slaughterhouses and processing
establishments that produce more than 5,000 but not
more than 25,000 pounds of trim per day; and
(B) grinding facilities that grind more than 5,000
but not more than 25,000 pounds of trim or bench trim
per day;
(3) effective December 1, 2012, to--
(A) all slaughterhouses and processing
establishments that produce more than 1,000 but not
more than 5,000 pounds of trim per day; and
(B) grinding facilities that grind more than 1,000
but not more than 5,000 pounds of trim or bench trim
per day; and
(4) effective December 1, 2013, to all slaughterhouses,
processing establishments, and grinding facilities that produce
or grind trim or bench trim.
(c) Grants.--
(1) In general.--The Secretary of Agriculture shall award
grants to assist slaughterhouses, processing establishments,
and grinding facilities in complying with section 26 of the
Federal Meat Inspection Act, as amended by subsection (a).
(2) Eligible entities.--Grants awarded under this
subsection are limited to--
(A) slaughterhouses and processing establishments
that produce not more than 1,000 pounds of trim per
day; and
(B) grinding facilities that grind not more than
1,000 pounds of trim or bench trim per day.
(3) Grant funding.--
(A) Amount.--The amount of each grant awarded under
this subsection shall not exceed $10,000.
(B) Priority.--The Secretary shall award grants
under this section on a first-come, first-served basis.
(4) Termination.--The grant program established under this
section shall terminate on December 1, 2013.
SEC. 3. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT
FOOD PRODUCTS.
(a) Findings.--Congress finds that it is essential and in the
public interest that--
(1) the health and welfare of consumers be protected by
ensuring that meat and meat food products distributed to
consumers are wholesome and not adulterated or contaminated;
and
(2) Federal meat inspection programs identify all sources,
including the slaughterhouse source, of original adulteration
and contamination of enteric foodborne pathogens in meat in any
case in which--
(A) lab samples test positive for enteric pathogen
adulteration or contamination; or
(B) adulterated or contaminated meat is found in
commerce, including foodborne outbreaks.
(b) Definitions.--Section 1 of the Federal Meat Inspection Act (21
U.S.C. 601) is amended by adding at the end the following:
``(x) Enteric Foodborne Pathogen.--The term `enteric foodborne
pathogen' means live bacteriological matter that is commonly present in
the digestive systems of animals for slaughter, including Shiga toxin-
producing E. coli and salmonella, the presence of which in meat food
products may indicate unsanitary conditions at the point of slaughter.
``(y) Establishment.--The term `establishment' means any person,
firm, meat broker, renderer, or animal food manufacturer.''.
(c) Protection Against Adulterated and Contaminated Meat or Meat
Food Products.--Section 8 of the Federal Meat Inspection Act (21 U.S.C.
608) is amended--
(1) by striking ``Sec. 8. The Secretary'' and inserting the
following:
``SEC. 8. PROTECTION AGAINST ADULTERATED AND CONTAMINATED MEAT OR MEAT
FOOD PRODUCTS.
``(a) In General.--The Secretary'';
(2) by inserting ``or contaminated'' after ``adulterated'';
and
(3) by adding at the end the following:
``(b) Sampling Protocols.--
``(1) In general.--In carrying out this Act, the Secretary
shall implement sampling protocols using methods and
technologies to enable personnel of the Food Safety and
Inspection Service to rapidly trace potential adulteration and
contamination of meat and meat food products by enteric
foodborne pathogens to possible preceding sources of the
adulteration and contamination, including preparation,
packaging, and slaughtering establishments, to determine the
original site source of the adulteration or contamination.
``(2) Requirements.--
``(A) In general.--The sampling protocols referred
to in paragraph (1) shall enable rapid tracing to the
source of contamination, through the--
``(i) collection of documentary evidence;
and
``(ii) collection and analyses of a
sufficient number of meat samples from the
source lots, as identified by collection of
documentary evidence conducted under clause
(i), to determine the presence or absence of
the pathogen in the source lots and the
identity of the establishment that was the
original source of contamination at locations
that may include----
``(I) the establishment that tested
the meat from the original product lot;
``(II) an intermediary processor or
warehouse holding meat from the same
original product lot;
``(III) the establishment that
produced the original product lot; or
``(IV) a Federally inspected or
retail establishment that received part
of the original product lot.
``(B) Timing.--The collection of documentary and
other relevant material to enable rapid tracing under
subparagraph (A) shall occur at the time that samples
of the relevant meat or meat food product are
collected.
``(C) Certification.--The onsite inspector and a
responsible establishment representative shall certify
that the documentary and other tracing material
collected under subparagraph (A) is complete and
accurate.
``(3) Tracing of adulterated and contaminated meat and meat
food products.--If a meat or meat food product sample tests
positive or is indicated to test positive for adulteration or
contamination by enteric foodborne pathogens, the Secretary
shall immediately conduct a trace--
``(A) to identify all sites of adulteration and
contamination, including preparation, packaging, and
slaughtering establishments; and
``(B) to identify the original source of
adulteration or contamination.
``(4) Subsequent sampling.--If a raw ground meat sample
tests positive or is indicated to test positive for
adulteration or contamination by enteric foodborne pathogens at
a preparation, packaging, or slaughtering establishment, the
Secretary shall require subsequent sampling at the
establishment, and any establishments supplying that
establishment, each day for a minimum of 15 consecutive days
after the date on which the adulterated or contaminated sample
is collected.''. | E. coli Traceability and Eradication Act - Amends the the Federal Meat Inspection Act to require that specified slaughterhouses, processing establishments, and grinding facilities perform specified tests for the presence of Shiga toxin-producing E. coli in beef.
Directs the Secretary of Agriculture (USDA) to make grants to assist certain slaughterhouses, processing establishments, and grinding facilities in complying with such requirements. Terminates grant assistance on December 1, 2013.
Subjects imported trim, bench trim, and ground beef to the same testing requirements as domestic trim, bench trim, and ground beef.
Defines "enteric foodborne pathogen" as live bacteriological matter that is commonly present in the digestive systems of animals for slaughter, including Shiga toxin-producing E. coli and salmonella, the presence of which in meat food products may indicate unsanitary conditions at the point of slaughter.
Directs the Secretary to implement sampling protocols to enable the Food Safety and Inspection Service to rapidly trace potential adulteration and contamination of meat and meat food products by enteric foodborne pathogens to possible preceding sources of the adulteration and contamination, including preparation, packaging, and slaughtering establishments, to determine the original site source of the adulteration or contamination.
Requires the Secretary: (1) if a meat or meat food product sample tests positive for adulteration or contamination by enteric foodborne pathogens, to conduct a trace to identify all sites of adulteration and contamination, including preparation, packaging, and slaughtering establishments, and to identify the original source of adulteration or contamination; and (2) if a raw ground meat sample tests positive for adulteration or contamination by enteric foodborne pathogens at a preparation, packaging, or slaughtering establishment, to require subsequent daily sampling at the establishment and any supplying establishments for a minimum of 15 consecutive days after the date on which the sample is collected. | {"src": "billsum_train", "title": "To amend the Federal Meat Inspection Act to develop an effective sampling and testing program to test for E. coli in boneless beef manufacturing trimmings and other raw ground beef components, and for other purposes."} | 2,914 | 420 | 0.63264 | 1.972928 | 0.769801 | 5.660819 | 7.824561 | 0.947368 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; AMENDMENT TO 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Employee Welfare
Benefit Equity Act of 2001''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents; amendment to 1986 Code.
TITLE I--CERTAIN WELFARE BENEFIT PLANS
Sec. 101. Modification of definition of ten-or-more employer plans.
Sec. 102. Clarification of deduction limits for certain collectively
bargained plans.
Sec. 103. Clarification of standards for section 501(c)(9) approval.
Sec. 104. Tax shelter provisions not to apply.
Sec. 105. Effective dates.
TITLE II--ENFORCEMENT PROVISIONS
Sec. 201. Clarification of section 4976.
Sec. 202. Effective date.
(c) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or a repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
TITLE I--CERTAIN WELFARE BENEFIT PLANS
SEC. 101. MODIFICATION OF DEFINITION OF TEN-OR-MORE EMPLOYER PLANS.
(a) Additional Requirements.--Paragraph (6)(B) of section 419A(f)
(relating to the exception for 10 or more employer plans) is amended by
striking ``and'' at the end of clause (i), by striking the period at
the end of clause (ii) and inserting a comma, and by adding at the end
the following new clauses:
``(iii) which meets the requirements of
section 505(b)(1) with respect to all benefits
provided by the plan,
``(iv) which has obtained a favorable
determination from the Secretary that such plan
(or a predecessor plan) is an organization
described in section 501(c)(9), and
``(v) under which no severance pay benefit
is provided.''
(b) Clarification of Experience Rating.--
(1) In general.--Paragraph (6)(A) of section 419A(f)
(relating to the exception for 10 or more employer plans) is
amended by striking the second sentence and inserting the
following: ``The preceding sentence shall not apply to any plan
which is an experience-rated plan.''
(2) Experience-rated plan.--Section 419A(f)(6) is amended
by adding at the end the following new subparagraph:
``(C) Experience-rated plan.--For purposes of this
paragraph--
``(i) In general.--The term `experience-
rated plan' means a plan which determines
contributions by individual employers on the
basis of actual gain or loss experience.
``(ii) Exception for guaranteed benefit
plan.--
``(I) In general.--The term
`experience-rated plan' shall not
include a guaranteed benefit plan.
``(II) Guaranteed benefit plan.--
The term `guaranteed benefit plan'
means a plan the benefits of which are
funded with insurance contracts or are
otherwise determinable and payable to a
participant without reference to, or
limitation by, the amount of
contributions to the plan attributable
to any contributing employer. A plan
shall not fail to be treated as a
guaranteed benefit plan solely because
benefits may be limited or denied in
the event a contributing employer fails
to pay premiums or assessments required
by the plan as a condition of continued
participation.''
(c) Single Plan Requirement.--Section 419A(f)(6), as amended by
subsections (a) and (b), is amended--
(1) by striking ``means a plan'' in subparagraph (B) and
inserting ``means a single plan'', and
(2) by adding at the end the following:
``(D) Single plan.--For purposes of this paragraph,
the term `single plan' means a written plan or series
of related written plans the terms of which provide
that--
``(i) all assets of the plan or plans,
whether maintained under 1 or more trusts,
accounts, or other arrangements and without
regard to the method of accounting of the plan
or plans, are available to pay benefits of all
participants without regard to the
participant's contributing employer, and
``(ii) the method of accounting of the plan
or plans may not operate to limit or reduce the
benefits payable to a participant at any time
before the withdrawal of the participant's
employer from the plan or the termination of
any benefit arrangement under the plan.''
SEC. 102. CLARIFICATION OF DEDUCTION LIMITS FOR CERTAIN COLLECTIVELY
BARGAINED PLANS.
Paragraph (5) of section 419A(f) (relating to the deductions limits
for certain collectively bargained plans) is amended by adding at the
end the following flush sentences:
``Subparagraph (B) shall not apply to any plan maintained
pursuant to an agreement between employee representatives and 1
or more employers unless the taxpayer applies for, and the
Secretary issues, a determination that such agreement is a bona
fide collective bargaining agreement and that the welfare
benefits provided under the agreement were the subject of good
faith bargaining between employee representatives and such
employer or employers. The Secretary may issue regulations to
carry out the purposes of the preceding sentence.''
SEC. 103. CLARIFICATION OF STANDARDS FOR SECTION 501(C)(9) APPROVAL.
Section 505 is amended by adding at the end the following new
subsection:
``(d) Clarification of Standards for Exemption.--
``(1) Membership.--An organization shall not fail to be
treated as an organization described in paragraph (9) of
section 501(c) solely because its membership includes employees
or other allowable participants who--
``(A) reside or work in different geographic
locales, or
``(B) do not work in the same industrial or
employment classification.
``(2) Funding.--An organization described in paragraph (9)
or (20) of section 501(c) shall not be treated as
discriminatory solely because life insurance or other benefits
provided by the organization are funded with different types of
products, contracts, investments, or other funding methods of
varying costs, but only if the plan under which such benefits
are provided meets the requirements of subsection (b).''
SEC. 104. TAX SHELTER PROVISIONS NOT TO APPLY.
Section 419 (relating to treatment of funded welfare benefit plans)
is amended by adding at the end the following:
``(h) Tax Shelter Rules Not To Apply.--For purposes of this title,
a welfare benefit fund meeting all applicable requirements of this
title shall not be treated as a tax shelter or corporate tax shelter.''
SEC. 105. EFFECTIVE DATES.
(a) In General.--The amendments made by this title shall apply to
contributions to a welfare benefit fund made after the date of the
enactment of this Act.
(b) Tax Shelter Rules.--The amendment made by section 104 shall
take effect as if included in the amendments made by section 1028 of
the Taxpayer Relief Act of 1997.
TITLE II--ENFORCEMENT PROVISIONS
SEC. 201. CLARIFICATION OF SECTION 4976.
Section 4976 (relating to excise taxes with respect to funded
welfare benefit plans) is amended to read as follows:
``SEC. 4976. TAXES WITH RESPECT TO FUNDED WELFARE BENEFIT PLANS.
``(a) Imposition of Tax.--
``(1) General rule.--If--
``(A) an employer maintains a welfare benefit fund,
and
``(B) there is--
``(i) a disqualified benefit provided or
funded during any taxable year, or
``(ii) a premature termination of such
plan,
there is hereby imposed on such employer a tax in the amount
determined under paragraph (2).
``(2) Amount of tax.--The amount of the tax imposed by
paragraph (1) shall be equal to--
``(A) in the case of a taxable event under
paragraph (1)(B)(i), 100 percent of--
``(i) the amount of the disqualified
benefit provided, or
``(ii) the amount of the funding of the
disqualified benefit, and
``(B) in the case of a taxable event under
paragraph (1)(B)(ii), 100 percent of all contributions
to the fund before the termination.
``(b) Disqualified Benefit.--For purposes of subsection (a)--
``(1) In general.--The term `disqualified benefit' means--
``(A) any post-retirement medical benefit or life
insurance benefit provided with respect to a key
employee if a separate account is required to be
established for such employee under section 419A(d) and
such payment is not from such account,
``(B) any post-retirement medical benefit or life
insurance benefit provided or funded with respect to an
individual in whose favor discrimination is prohibited
unless the plan meets the requirements of section
505(b) with respect to such benefit (whether or not
such requirements apply to such plan), and
``(C) any portion of a welfare benefit fund
reverting to the benefit of the employer.
``(2) Exception for collective bargaining plans.--Paragraph
(1)(B) shall not apply to any plan maintained pursuant to an
agreement between employee representatives and 1 or more
employers if the Secretary finds that such agreement is a
collective bargaining agreement and that the benefits referred
to in paragraph (1)(B) were the subject of good faith
bargaining between such employee representatives and such
employer or employers.
``(3) Exception for nondeductible contributions.--Paragraph
(1)(C) shall not apply to any amount attributable to a
contribution to the fund which is not allowable as a deduction
under section 419 for the taxable year or any prior taxable
year (and such contribution shall not be included in any
carryover under section 419(d)).
``(4) Exception for certain amounts charged against
existing reserve.--Subparagraphs (A) and (B) of paragraph (1)
shall not apply to post-retirement benefits charged against an
existing reserve for post-retirement medical or life insurance
benefits (as defined in section 512(a)(3)(E)) or charged
against the income on such reserve.
``(c) Premature Termination.--For purposes of subsection (a)--
``(1) In general.--The term `premature termination' means a
termination event which occurs on or before the date which is 6
years after the first contribution to a welfare benefit fund
which benefits any highly compensated employee.
``(2) Exception for insolvency, etc.--Paragraph (1) shall
not apply to any termination event which occurs by reason of
the insolvency of the employer or for such other reasons as the
Secretary may by regulation determine are not likely to result
in abuse.
``(3) Termination event.--For purposes of this subsection--
``(A) In general.--The term `termination event'
means--
``(i) the termination of a welfare benefit
fund,
``(ii) the withdrawal of an employer from a
welfare benefit fund to which more than 1
employer contributes, or
``(iii) any other action which is designed
to cause, directly or indirectly, a
distribution of any asset from a welfare
benefit fund to a highly compensated employee.
``(B) Exception for bona fide benefits.--
Subparagraph (A) shall not apply to any bona fide
benefit (other than a severance benefit) paid from a
welfare benefit fund which is available to all
employees on a nondiscriminatory basis and payable
pursuant to the terms of a written plan.
``(d) Definitions.--For purposes of this section--
``(1) In general.--Except as otherwise provided, the terms
used in this section shall have the same respective meanings as
when used in subpart D of part I of subchapter D of chapter 1.
``(2) Post-retirement benefit.--
``(A) In general.--The term `post-retirement
benefit' means any benefit or distribution which is
reasonably determined to be paid, provided, or made
available to a participant on or after normal
retirement age.
``(B) Normal retirement age.--The term `normal
retirement age' shall have the same meaning given the
term in section 3(24) of the Employee Retirement Income
Security Act of 1974, but in no event shall such date
be later than the latest normal retirement age defined
in any qualified retirement plan of the employer
maintaining the welfare benefit fund which benefits
such individual.
``(C) Presumption in the case of permanent life
insurance.--In the case of a welfare benefit fund which
provides a life insurance benefit for an employee, any
contributions to the fund for life insurance benefits
in excess of the cumulative projected cost of providing
the employee permanent whole life insurance, calculated
on the basis level premiums for each for each year
before a normal retirement age, shall be treated as
funding a post-retirement benefit.''
SEC. 202. EFFECTIVE DATE.
The amendments made by this title shall apply to benefits provided,
and terminations occurring, after the date of the enactment of this
Act. | Employee Welfare Benefit Equity Act of 2001 - Amends the Internal Revenue Code, with respect to the limited deductibility of employer contributions to welfare benefit funds, to revise the exception from such treatment for a single plan with ten or more employers. Adds to current requirements for a ten-or-more employer plan that the plan must: (1) meet specified nondiscrimination requirements with respect to all benefits the plan provides; (2) receive a favorable determination from the Secretary of the Treasury that the plan (or a predecessor plan) is a voluntary employees' beneficiary association meeting certain criteria; and (3) provide no severance pay benefit.Defines an experience-related plan, to which such exception does not apply (thus qualifying it for limited deductibility of employer contributions), as a plan which determines contributions by individual employers on the basis of actual gain or loss experience. Excludes from experience-related plans (and so excepts from limited deductibility of employer contributions) guaranteed benefit plans funded with insurance contracts or otherwise determinable and payable to a participant without reference to, or limitation by, the amount of contributions to the plan attributable to any contributing employer.Requires the taxpayer to apply for and receive a determination by the Secretary of the Treasury that a collective bargaining agreement is bona fide and the welfare benefits provided under it were the subject of good faith bargaining before a qualified asset account may be unlimited under an employee pay-all plan.Declares that a welfare benefit fund meeting all applicable requirements shall not be treated as a tax shelter or corporate tax shelter.Prescribes an excise tax equal to 100 percent of all contributions to a funded welfare benefit plan that is terminated prematurely, that is, within six years after the first contribution to the fund which benefits any highly compensated employee. | {"src": "billsum_train", "title": "A bill to amen the Internal Revenue Code of 1986 to provide for the equitable operation of welfare benefit plans for employees, and for other purposes."} | 3,097 | 394 | 0.591151 | 1.868613 | 0.796179 | 3.39233 | 7.952802 | 0.890855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Roadmap for Addressing Climate
Change in China and India Act of 2009''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the United States, the People's Republic of China, and
the Republic of India are some of the world's largest emitters
of greenhouse gases;
(2) a global solution to climate change requires action by
all 3 countries that is commensurate with their national
circumstances and level of economic development;
(3) awareness of steps each country is taking to reducing
emissions is critical in building confidence in a cooperative
approach to climate change; and
(4) understanding challenges each country faces in reducing
emissions can help identify areas of potential collaboration.
(b) Purposes.--The purposes of this Act are--
(1) to provide Congress and the American public with a
better understanding of the steps China and India are taking to
reduce greenhouse gas emissions; and
(2) to identify the means by which the United States can
assist China and India in achieving such a reduction.
SEC. 3. INTERAGENCY CHINA AND INDIA CLIMATE CHANGE AND ENERGY REPORT.
(a) In General.--The Secretary of Energy, working with the
interagency task force established under subsection (b), shall prepare
an interagency report on climate change and energy policy in the
People's Republic of China and in the Republic of India.
(b) Interagency Task Force.--
(1) Composition.--The Secretary of Energy shall establish
an interagency task force, which shall consist of--
(A) the Secretary of Energy;
(B) the Secretary of State;
(C) the Secretary of Commerce;
(D) the Administrator of the Environmental
Protection Agency;
(E) the Secretary of the Treasury; and
(F) the head of any other agency or department who
has been selected by the Secretary of Energy to
participate in the task force.
(2) Chairperson.--The Secretary of Energy shall serve as
chairperson of the interagency task force.
(c) Report Contents.--In preparing the report under subsection (a),
the interagency task force shall evaluate and include in the report,
with respect to the People's Republic of China and the Republic of
India--
(1) the national or subnational plans, policies, programs,
laws, regulations, incentive mechanisms, and other measures
that are expected to result in, or have resulted in, reductions
in energy use and greenhouse gas emissions, including--
(A) a list of such plans, policies, programs, laws,
regulations, incentive mechanisms, and other measures;
(B) a description of progress made or expected in
implementing such plans, policies, programs, laws,
regulations, incentive mechanisms, and other measures;
(C) estimates of the reductions in energy use and
greenhouse gas emissions achieved or expected to be
achieved as a result of such plans, policies, programs,
laws, regulations, incentive mechanisms, and other
measures; and
(D) recommended areas in which United States
capacity building or other support could assist the
People's Republic of China and the Republic of India to
improve implementation or compliance with such plans,
policies, programs, laws, regulations, incentive
mechanisms, or other measures, including proposals for
funding such joint activities;
(2) estimates, based on the most recent information
available to the interagency task force from reliable public
sources, of the quantity and types of energy used and
greenhouse gas emissions;
(3) a description of the tools, methods, and procedures
that are used for collecting and analyzing data regarding
energy use and greenhouse gas emissions at the national,
provincial, sectoral, and facility level, including--
(A) a comparison to the methodologies used by the
United States and prevailing international practices;
(B) the expected levels of uncertainty regarding
the data so collected;
(C) the current transparency of such tools,
methods, and procedures; and
(D) recommended areas in which United States
capacity building or other support could assist the
People's Republic of China and the Republic of India to
improve such tools, methods, and procedures, increase
data transparency, and strengthen the relevant
governance framework, including proposals for funding
such joint activities;
(4) an assessment of the state of knowledge of
international, Chinese, and Indian best and current
technologies and practices to--
(A) improve the efficiency of coal use in
electricity generation;
(B) reduce the energy use in industrial facilities,
buildings, appliances, electronic equipment, and other
sectors, as appropriate;
(C) capture and store carbon from facilities that
utilize fossil fuels for energy production;
(D) produce renewable energy, including wind,
solar, small hydro, and geothermal energy; and
(E) implement more sustainable transport systems
and technologies; and
(5) the current status of, and opportunities and
recommendations for--
(A) cooperation on technology transfer, joint
research, development, deployment, and clean energy
technology trade between the United States, the
People's Republic of China, and the Republic of India;
and
(B) joint opportunities for the development of
intellectual property, including proposals for
financing such joint activities.
(d) Submission to Congress.--Not later than 6 months after the date
of enactment of this Act, the Secretary of Energy shall submit the
report prepared under this section to--
(1) the Committee on Energy and Natural Resources of the
Senate;
(2) the Committee on Commerce, Science, and Transportation
of the Senate;
(3) the Committee on Environment and Public Works of the
Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Energy and Commerce of the House of
Representatives;
(6) the Committee on Natural Resources of the House of
Representatives; and
(7) the Committee on Foreign Affairs of the House of
Representatives.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section. | Roadmap for Addressing Climate Change in China and India Act of 2009 - Directs the Secretary of Energy (DOE) to prepare an interagency report on climate change and energy policy in China and India and submit such report to specified committees of Congress. | {"src": "billsum_train", "title": "A bill to require the Secretary of Energy to prepare a report on climate change and energy policy in the People's Republic of China and in the Republic of India."} | 1,268 | 55 | 0.557483 | 1.43416 | 0.700208 | 4.76087 | 27.695652 | 0.891304 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Overmedication Prevention
Act of 2016''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN
DEATHS OF VETERANS BY SUICIDE.
(a) Review Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall seek to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine under which
the National Academies shall conduct a review of the deaths of
all covered veterans who died by suicide during the five-year
period ending on the date of the enactment of this Act.
(2) Alternate organization.--
(A) In general.--If the Secretary is unable to
enter into an agreement described in paragraph (1) with
the National Academies of Sciences, Engineering, and
Medicine on terms acceptable to the Secretary, the
Secretary shall seek to enter into such an agreement
with another appropriate organization that--
(i) is not part of the Federal Government;
(ii) operates as a not-for-profit entity;
and
(iii) has expertise and objectivity
comparable to that of the National Academies of
Sciences, Engineering, and Medicine.
(B) Treatment.--If the Secretary enters into an
agreement with another organization as described in
paragraph (1), any reference in this section to the
National Academies of Sciences, Engineering, and
Medicine shall be treated as a reference to the other
organization.
(3) Elements.--The review required by paragraph (1) shall
include the following:
(A) The total number of covered veterans who died
by suicide during the five-year period ending on the
date of the enactment of this Act.
(B) The total number of covered veterans who died
by a violent death during such five-year period.
(C) The total number of covered veterans who died
by an accidental death during such five-year period.
(D) A description of each covered veteran described
in subparagraphs (A) through (C), including age,
gender, race, and ethnicity.
(E) A comprehensive list of prescribed medications
and legal or illegal substances as annotated on
toxicology reports of covered veterans described in
subparagraphs (A) through (C), specifically listing any
medications that carried a black box warning, were
prescribed for off-label use, were psychotropic, or
carried warnings that included suicidal ideation.
(F) A summary of medical diagnoses by physicians of
the Department of Veterans Affairs or physicians
providing services to covered veterans through programs
of the Department that led to the prescribing of
medications referred to in subparagraph (E) in cases of
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, and other anxiety and
depressive disorders.
(G) The number of instances in which a covered
veteran described in subparagraph (A), (B), or (C) was
concurrently on multiple medications prescribed by
physicians of the Department or physicians providing
services to veterans through programs of the Department
to treat post-traumatic stress disorder, traumatic
brain injury, military sexual trauma, other anxiety and
depressive disorders, or instances of comorbidity.
(H) The number of covered veterans described in
subparagraphs (A) through (C) who were not taking any
medication prescribed by a physician of the Department
or a physician providing services to veterans through a
program of the Department.
(I) With respect to the treatment of post-traumatic
stress disorder, traumatic brain injury, military
sexual trauma, or other anxiety and depressive
disorders, the percentage of covered veterans described
in subparagraphs (A) through (C) who received a non-
medication first-line treatment compared to the
percentage of such veterans who received medication
only.
(J) With respect to the treatment of covered
veterans described in subparagraphs (A) through (C) for
post-traumatic stress disorder, traumatic brain injury,
military sexual trauma, or other anxiety and depressive
disorders, the number of instances in which a non-
medication first-line treatment (such as cognitive
behavioral therapy) was attempted and determined to be
ineffective for such a veteran, which subsequently led
to the prescribing of a medication referred to in
subparagraph (E).
(K) A description and example of how the Department
determines and continually updates the clinical
practice guidelines governing the prescribing of
medications.
(L) A description of the efforts of the Department
to maintain appropriate staffing levels for mental
health professionals, such as mental health counselors,
marriage and family therapists, and other appropriate
counselors, including--
(i) a description of any impediments to
carry out the education, training, and hiring
of mental health counselors and marriage and
family therapists under section 7302(a) of
title 38, United States Code;
(ii) with respect to mental health
counselors, marriage and family therapists, and
other appropriate counselors, an identification
of resolutions for--
(I) any standardized credentialing
discrepancies; and
(II) any impediments to the
development of an internship training
program;
(iii) an assessment of the development by
the Department of hiring guidelines for mental
health counselors, marriage and family
therapists, and other appropriate counselors;
and
(iv) a description of how the Department--
(I) identifies gaps in the supply
of mental health professionals; and
(II) determines successful staffing
ratios for mental health professionals
of the Department.
(M) The percentage of covered veterans described in
subparagraphs (A) through (C) with combat experience or
trauma related to combat experience (including military
sexual trauma, traumatic brain injury, and post-
traumatic stress).
(N) An identification of the medical facilities of
the Department with markedly high prescription rates
and suicide rates for veterans receiving treatment at
those facilities.
(O) An analysis, by State, of programs of the
Department that collaborate with State Medicaid
agencies and the Centers for Medicare and Medicaid
Services, including the following:
(i) An analysis of the sharing of
prescription and behavioral health data for
veterans.
(ii) An analysis of whether Department
staff check with State prescription drug
monitoring programs before prescribing
medications to veterans.
(iii) A description of the procedures of
the Department for coordinating with
prescribers outside of the Department to ensure
that veterans are not overprescribed.
(iv) A description of actions that the
Department takes when a veteran is determined
to be overprescribed.
(P) An analysis of the collaboration of medical
centers of the Department with medical examiners'
offices or local jurisdictions to determine veteran
mortality and cause of death.
(Q) An identification and determination of a best
practice model to collect and share veteran death
certificate data between the Department of Veterans
Affairs, the Department of Defense, States, and tribal
entities.
(R) An assessment of any patterns apparent to the
National Academies of Sciences, Engineering, and
Medicine based on the review conducted under paragraph
(1).
(S) Such recommendations for further action that
would improve the safety and well-being of veterans as
the National Academies of Sciences, Engineering, and
Medicine determine appropriate.
(4) Compilation of data.--
(A) Form of compilation.--The Secretary of Veterans
Affairs shall ensure that data compiled under paragraph
(3) is compiled in a manner that allows it to be
analyzed across all data fields for purposes of
informing and updating clinical practice guidelines of
the Department of Veterans Affairs.
(B) Compilation of data regarding covered
veterans.--In compiling data under paragraph (3)
regarding covered veterans described in subparagraphs
(A) through (C) of such paragraph, data regarding
veterans described in each such subparagraph shall be
compiled separately.
(5) Completion of review and report.--The agreement entered
into under paragraph (1) shall require that the National
Academies of Sciences, Engineering, and Medicine complete the
review under such paragraph and submit to the Secretary of
Veterans Affairs a report containing the results of the review
not later than 180 days after entering into the agreement.
(b) Report.--Not later than 30 days after the completion by the
National Academies of Sciences, Engineering, and Medicine of the review
required under subsection (a), the Secretary of Veterans Affairs
shall--
(1) submit to Congress a report on the results of the
review; and
(2) make such report publicly available.
(c) Definitions.--In this section:
(1) The term ``black box warning'' means a warning
displayed on the label of a prescription drug that is designed
to call attention to the serious or life-threatening risk of
the prescription drug.
(2) The term ``covered veteran'' means a veteran who
received hospital care or medical services furnished by the
Department of Veterans Affairs during the five-year period
preceding the death of the veteran.
(3) The term ``first-line treatment'' means a potential
intervention that has been evaluated and assigned a high score
within clinical practice guidelines.
(4) The term ``State'' means each of the several States,
territories, and possessions of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico. | Veteran Overmedication Prevention Act of 2016 This bill requires the Department of Veterans Affairs (VA) to contract with the National Academies of Sciences, Engineering, and Medicine (or another private, not-for-profit entity with comparable expertise) to review the deaths of all covered veterans who died by suicide during the last five years. The review shall include: the total numbers of veterans who died by a violent death or by an accidental death during such period; each veteran's age, gender, race, and ethnicity; a list of medications and substances prescribed to such veterans, as annotated on toxicology reports; a summary of medical diagnoses by VA physicians that led to such prescriptions in cases of anxiety and depressive disorders; the number of instances in which such a veteran was concurrently on multiple medications prescribed by VA physicians; the number of such veterans who were not taking any VA-prescribed medication; the percentage of such veterans treated for anxiety or depressive disorders who received a non-medication first-line treatment compared to the percentage who received medication only; the number of instances in which a non-medication first-line treatment was attempted and deemed ineffective which led to prescribing medication; descriptions of how the VA determines and updates clinical practice guidelines for prescribing medications and of VA efforts to maintain appropriate staffing levels for mental health professionals; the percentage of such veterans with combat experience or related trauma; identification of VA medical facilities with markedly high prescription rates and suicide rates for treated veterans; an analysis of VA programs that collaborate with state Medicaid agencies and the Centers for Medicare and Medicaid Services; an analysis of VA medical center collaboration with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death; identification of a best practice model to collect and share veteran death certificate data; an assessment of any apparent patterns based on the review; and recommendations to improve the safety and well-being of veterans. The VA shall ensure that such data is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating VA clinical practice guidelines. A "covered veteran" means any veteran who received VA hospital care or medical services during the five-year period preceding the veteran's death. | {"src": "billsum_train", "title": "Veteran Overmedication Prevention Act of 2016"} | 1,991 | 478 | 0.631251 | 2.045654 | 0.770667 | 3.770642 | 4.444954 | 0.912844 |
SECTION 1. CHANGED EFFECTIVE DATE FOR FINANCIAL DISCLOSURE FORMS OF
CERTAIN OFFICERS AND EMPLOYEES.
(a) In General.--Except with respect to financial disclosure forms
filed by officers and employees referred to in subsection (b), section
8(a)(1) and section 11(a)(1) of the STOCK Act (5 U.S.C. App. 105 note)
shall take effect on December 8, 2012.
(b) Financial Disclosure Forms Not Subject to New Effective Date.--
Financial disclosure forms filed by the following individuals shall not
be subject to the effective date under this section:
(1) The President.
(2) The Vice President.
(3) Any Member of Congress.
(4) Any candidate for Congress.
(5) Any officer occupying a position listed in section 5312 or
section 5313 of title 5, United States Code, having been nominated
by the President and confirmed by the Senate to that position.
SEC. 2. STUDY AND REPORT.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
contract with the National Academy of Public Administration (referred
to in this section as the ``National Academy'') to--
(1) conduct a study of issues raised by website publication of
financial disclosure forms as is required under the STOCK Act
(Public Law 112-105; 126 Stat. 291); and
(2) issue a report containing findings and recommendations.
(b) Scope of Study.--The study conducted under subsection (a)(1)
shall--
(1) examine the nature, scope, and degree of risk, including
risk of harm to national security, law enforcement, or other
Federal missions and risk of endangerment, including to personal
safety and security, financial security (such as through identity
theft), and privacy, of officers and employees and their family
members, that may be posed by website and other publication of
financial disclosure forms and associated personal information;
(2) examine any harm that may have arisen from the current
online availability of financial disclosure forms and associated
personal information of employees of the legislative branch,
including any harm to national security, law enforcement, or other
Federal missions and any endangerment that may have occurred,
including to personal safety and security, financial security (such
as through identity theft), and privacy, of such legislative branch
officers and employees or their family members; and
(3) include any other analysis that the National Academy
believes is necessary or desirable on the topic of the study.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the National Academy shall submit to Congress and the
President a report that contains--
(1) the findings of the study conducted under subsection
(a)(1);
(2) recommendations for ways to avoid or mitigate the risks
identified in the study conducted under subsection (a)(1),
consistent with the goal of providing appropriate public disclosure
of potential conflicts of interest or instances of insider trading
by Federal officers or employees; and
(3) any other recommendations that the National Academy
believes are necessary or desirable.
SEC. 3. PERIODIC TRANSACTION REPORTS FOR TRANSACTIONS OF SPOUSES AND
CHILDREN.
(a) In General.--
(1) Date reporting requirement commences in house of
representatives and executive branch.--Section 2 of the Act
entitled ``An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom
internet publication of certain information applies, and for other
purposes'', approved August 16, 2012 (5 U.S.C. App. 103 note), is
amended by striking ``September 30, 2012'' and inserting ``January
1, 2013''.
(2) Extension to executive branch.--Section 2 of the Act
entitled ``An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom
internet publication of certain information applies, and for other
purposes'', approved August 16, 2012 (5 U.S.C. App. 103 note), is
amended by striking ``for reporting individuals'' and all that
follows through ``House of Representatives''.
(3) Technical and conforming amendment.--Section 2 of the Act
entitled ``An Act to prevent harm to the national security or
endangering the military officers and civilian employees to whom
internet publication of certain information applies, and for other
purposes'', approved August 16, 2012 (5 U.S.C. App. 103 note), is
amended by striking ``such section 101'' and inserting ``section
101 of such Act (5 U.S.C. App. 101)''.
(b) Effective Date; Rule of Construction.--
(1) Effective date.--The amendments made by subsection (a)
shall take effect on January 1, 2013.
(2) Rule of construction.--Before January 1, 2013, the
amendments made by subsection (a) shall not affect the
applicability of section 2 of the Act entitled ``An Act to prevent
harm to the national security or endangering the military officers
and civilian employees to whom internet publication of certain
information applies, and for other purposes'', approved August 16,
2012 (5 U.S.C. App. 103 note), as in effect on the day before the
effective date under paragraph (1).
(c) Savings Clause.--Nothing in the amendments made by subsection
(a) shall be construed as affecting any requirement with respect to the
House of Representatives or the executive branch in effect before
January 1, 2013, with respect to the inclusion of transaction
information for a report under section 103(l) of the Ethics in
Government Act of 1978 (5 U.S.C. App. 103(l)).
(d) No Change to Existing Senate Requirements.--Nothing in this
section or the amendments made this section shall be construed as
affecting the requirement that took effect with respect to the Senate
on July 3, 2012, which mandates the inclusion of transaction
information for spouses and dependent children for a report under
section 103(l) of the Ethics in Government Act of 1978 (5 U.S.C. App.
103(l)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Postpones until December 8, 2012, the requirement under the Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act) that the Secretary of the Senate, the Sergeant at Arms of the Senate, and the Clerk of the House of Representatives ensure that financial disclosure forms filed by congressional officers and employees be made available to the public on the respective official Senate and House websites within 30 days after filing.
Postpones until the same date the requirement that the President ensure that financial disclosure forms filed by executive branch employees are publicly available on appropriate official websites of executive branch agencies within such period.
Excludes from these effective date postponements, however, the President, Vice President, Members of Congress, candidates for Congress, and any officer occupying a position listed under Level I and Level II of the Executive Schedule having been nominated by the President and confirmed by the Senate. (Thus maintains September 30, 2012, as the effective date of the requirement that such individuals make their financial disclosure forms available to the public.)
Requires the Director of the Office of Personnel Management (OPM) to contract with the National Academy of Public Administration to study issues raised by the website publication of financial disclosure forms. Requires the Academy to report and make recommendations to Congress and the President for ways to avoid or mitigate the risks identified in its study.
Postpones until January 1, 2013, the requirement that Members of Congress and congressional officers and employees file financial periodic transaction reports (PTRs) with the Clerk of the House that include information on the sources of income of their spouses or children, but only with respect to any transaction exceeding $1,000 in stocks, bonds, commodities futures, and other forms of securities.
Postpones until the same date also the PTRs requirements for certain individuals in the executive branch. Lists these individuals as: (1) the President; (2) the Vice President; (3) executive officers or employees, including certain special government employees and members of a uniformed service; (4) appointed administrative law judges; (5) executive branch employees in positions excepted from the competitive service because of their confidential or policymaking character (except those excluded from such exception by the Director of the Office of Government Ethics [OGE]); (6) the Postmaster General, the Deputy Postmaster General, each Governor of the Board of Governors of the U.S. Postal Service, and certain U.S. Postal Service officers or employees; (7) the OGE Director and each designated agency ethics official; and (8) civilian employees of the Executive Office of the President (other than a special government employee) appointed by the President. | {"src": "billsum_train", "title": "A bill to change the effective date for the internet publication of certain information to prevent harm to the national security or endangering the military officers and civilian employees to whom the publication requirement applies, and for other purposes."} | 1,355 | 549 | 0.641055 | 2.339738 | 0.673539 | 2.109127 | 2.503968 | 0.751984 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services, Education, and
Rehabilitation for Veterans Act'' or the ``SERV Act''.
SEC. 2. VETERAN'S TREATMENT COURTS.
(a) Delegation.--The Director of the Office of National Drug
Control Policy (referred to in this Act as the ``Director'') shall
delegate the authority to administer the program and other such
activities necessary to carry out this Act to the Department of
Justice.
(b) Grants.--The Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian tribal
governments acting directly or through agreements with other public or
private entities, for the purpose of developing, implementing, or
enhancing veteran's treatment courts or expanding operational drug
courts to serve veterans.
(c) Eligibility.--Grants under this Act shall be made to veteran's
treatment courts and drug courts serving veterans that effectively
integrate substance abuse treatment, mental health treatment, mandatory
drug testing, sanctions and incentives, and transitional services, in a
judicially supervised court setting with jurisdiction over nonviolent,
substance-abusing offenders that have served in the United States
military.
SEC. 3. GRANT AUTHORITY.
The Attorney General may make grants to States, State courts, local
courts, units of local government, and Indian tribal governments,
acting directly or through agreements with other public or private
entities, for programs that involve--
(1) continuing judicial supervision over offenders with
substance abuse or mental health problems who are not violent
offenders and have served in the United States military; and
(2) the integrated administration of other sanctions and
services, which shall include--
(A) mandatory periodic testing for the use of
controlled substances or other addictive substances
during any period of supervised release or probation
for each participant;
(B) substance abuse and mental health treatment
(such as treatment for depression and post-traumatic
stress disorder) for each participant;
(C) diversion, probation, or other supervised
release involving the possibility of prosecution,
confinement, or incarceration based on noncompliance
with program requirements or failure to show
satisfactory progress; and
(D) programmatic, offender management, and
aftercare services such as relapse prevention, health
care, education, vocational training, job placement,
housing placement, and child care or other family
support services for each participant who requires such
services.
SEC. 4. APPLICATIONS.
(a) In General.--To request a grant under this Act, a State, State
court, local court, unit of local government, or Indian tribal
government shall submit an application to the Attorney General in such
form and containing such information as the Attorney General may
reasonably require.
(b) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this Act shall--
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
(3) certify that the Federal support provided will be used
to supplement, and not supplant, State, Indian tribal, and
local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation
with all affected agencies, specifically the Department of
Veterans Affairs and the Department of Health and Human
Services, and that there will be appropriate coordination with
all affected agencies in the implementation of the program;
(6) certify that participating offenders will be supervised
by 1 or more designated judges with responsibility for the
veteran's treatment court program;
(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
(8) describe the methodology that will be used in
evaluating the program.
(c) Certifications.--Each such application shall contain the
certification that the program for which the grant is requested shall
meet each of the requirements of this Act.
SEC. 5. FEDERAL SHARE.
The Federal share of a grant made under this Act may not exceed 75
percent of the total costs of the program described in the application
submitted under section 4 for the fiscal year for which the program
receives assistance under this Act, unless the Attorney General waives,
wholly or in part, the requirement of a matching contribution under
this section. In-kind contributions may constitute a portion of the
non-Federal share of a grant.
SEC. 6. REPORTS AND EVALUATIONS.
(a) Report to Attorney General and the Director.--For each fiscal
year, each recipient of a grant under this Act during that fiscal year
shall submit to the Attorney General, the Director, and the Secretary
for Veterans Affairs a report regarding the effectiveness of activities
carried out using that grant. Each report shall include an evaluation
in such form and containing such information as the Attorney General
may reasonably require. The Attorney General shall specify the dates on
which such reports shall be submitted.
(b) Report to Congress.--The Director, in consultation with the
Attorney General, shall submit a yearly report on the effectiveness on
the activities carried out under this Act to the House and Senate
Committees on the Judiciary and the House and Senate Committees on
Veterans Affairs.
SEC. 7. DEFINITIONS.
In this Act:
(1) Veteran.--The term ``veteran'' means a person who
served in the active military, naval, or air service, and who
was discharged or released therefrom under conditions other
than dishonorable.
(2) Veteran's treatment court.--The term ``veteran's
treatment court'' means a program specifically for veterans
that meets the drug court criteria established by the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law 103-
322).
(3) Violent offender.--The term ``violent offender'' means
a person who--
(A) is charged with or convicted of an offense,
during the course of which offense or conduct--
(i) the person carried, possessed, or used
a firearm or dangerous weapon;
(ii) there occurred the death of or serious
bodily injury to any person; or
(iii) there occurred the use of force
against the person of another, without regard
to whether any of the circumstances described
in clause (i) or (ii) is an element of the
offense or conduct of which or for which the
person is charged or convicted.
(B) has 1 or more prior convictions for a felony
crime of violence involving the use or attempted use of
force against a person with the intent to cause death
or serious bodily harm.
SEC. 8. ADMINISTRATION.
(a) Consultation.--The Attorney General shall consult with the
Secretary of Veterans Affairs, the Secretary of Health and Human
Services, and any other appropriate officials in carrying out this Act.
(b) Regulatory Authority.--
(1) In general.--The Attorney General may issue regulations
and guidelines necessary to carry out this Act.
(2) Participation limits.--In additional to the general
authority provided under paragraph (1), the Attorney General
shall--
(A) issue regulations and guidelines to ensure that
programs authorized in this Act do not permit
participation by violent offenders; and
(B) immediately suspend funding for any grant under
this part, pending compliance, if the Attorney General
finds that violent offenders are participating in any
program funded under this part.
(c) Geographic Distribution.--The Attorney General shall ensure
that, to the extent practicable, an equitable geographic distribution
of grant awards is made under this Act.
SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this Act.
(b) Evaluations.--The Attorney General may provide for evaluations
in furtherance of the purposes of this Act.
SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.
(a) Comprehensive, National Training and Technical Assistance for
Drug Courts.--The National Drug Court Institute in Alexandria, Virginia
shall--
(1) conduct national, comprehensive training programs for
State and local communities for the purpose of improving the
professional skills of drug court practitioners and enhancing
the ability of State and local communities to expand drug
courts to reach all addicted citizens in need of their
resources; and
(2) provide national, comprehensive Technical Assistance to
adult, juvenile and family dependency drug courts including a
combination of information gathering, needs assessment,
cultural proficiency, analysis, problem solving, action
planning, referral and follow-up.
(b) Ancillary Projects.--The National Drug Court Institute in
Alexandria, Virginia shall complete ancillary programs designed to
facilitate the expansion and improvement of drug courts nationwide
including--
(1) a Judicial Task Force to develop a transition plan for
new drug court judges;
(2) a resource center to maintain and distribute drug court
evaluations reviewed in the National Drug Court Institute
Review, and to request new research and evaluations for the
drug court field;
(3) publishing annually the National Drug Court Institute
Review to provide research, analysis, and commentary of
importance to the drug court field; and
(4) searching drug court literature and identify, reprint,
and disseminate important and relevant scholarship to the drug
court field.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General to carry out this section
$10,000,000 for each of the fiscal years 2009 through 2014 to remain
available until expended.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Except for section 10, there are authorized to be appropriated to
the Director to carry out this Act $25,000,000 for each of fiscal years
2009 to 2014. | Services, Education, and Rehabilitation for Veterans Act or the SERV Act - Requires the Director of the Office of National Drug Control Policy to delegate to the Department of Justice (DOJ) the authority to administer the veteran's treatment courts program established by this Act.
Authorizes the Attorney General to make grants to states and other entities: (1) to develop, implement, or enhance veteran's treatment courts or to expand operational drug courts to serve veterans; and (2) for programs that involve continuing judicial supervision over nonviolent offenders with substance abuse or mental health problems who have served in the U.S. military. Requires such programs to include mandatory periodic testing for the use of drugs, substance abuse and mental health treatment, opportunities for diversion, probation, or supervised release, and programmatic, offender management, and aftercare services.
Directs the National Drug Court Institute to conduct national training programs for state and local communities to improve the professional skills of drug court practitioners and provide comprehensive technical assistance to adult, juvenile, and family dependency drug courts. | {"src": "billsum_train", "title": "A bill to provide grants to establish veteran's treatment courts."} | 2,121 | 221 | 0.687373 | 1.919342 | 1.040813 | 3.61 | 10.08 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Forest Carbon Incentives Program Act
of 2009''.
SEC. 2. CARBON INCENTIVES PROGRAM TO ACHIEVE SUPPLEMENTAL GREENHOUSE
GAS EMISSION REDUCTIONS ON PRIVATE FOREST LAND.
(a) Definitions.--In this section:
(1) Avoided deforestation agreement.--The term ``avoided
deforestation agreement'' means a permanent conservation
easement that--
(A) covers eligible land that--
(i) is enrolled under a climate mitigation
contract; and
(ii) will not be converted for development;
and
(B) is consistent with the guidelines for--
(i) the Forest Legacy Program established
under section 7 of the Cooperative Forestry
Assistance Act (16 U.S.C. 2103c); or
(ii) any other program approved by the
Secretary for use under this section to provide
consistency with Federal legal requirements for
permanent conservation easements.
(2) Climate mitigation contract; contract.--The term
``climate mitigation contract'' or ``contract'' means a
contract of not less than 15 years that specifies--
(A) the eligible practices that will be undertaken;
(B) the acreage of eligible land on which the
practices will be undertaken;
(C) the agreed rate of compensation per acre; and
(D) a schedule to verify that the terms of the
contract have been fulfilled.
(3) Eligible land.--The term ``eligible land'' means forest
land in the United States that is privately owned at the time
of initiation of a climate mitigation contract.
(4) Eligible practice.--The term ``eligible practice''
means a forestry practice, including improved forest management
that produces marketable forest products, that is determined by
the Secretary to provide measurable increases in carbon
sequestration and storage beyond customary practices on
comparable land.
(5) Program.--The term ``program'' means the carbon
incentives program established under this section.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Supplemental Greenhouse Gas Emission Reductions in the United
States.--
(1) In general.--The Secretary shall establish a carbon
incentives program to achieve supplemental greenhouse gas
emission reductions on private forest land of the United
States.
(2) Financial incentive payments.--
(A) In general.--The Secretary shall provide to
owners of eligible land financial incentive payments
for--
(i) eligible practices that measurably
increase carbon sequestration and storage over
a designated period on eligible land, as
specified through a climate mitigation
contract; and
(ii) subject to subparagraph (B), permanent
avoided deforestation agreements on eligible
land covered under a climate mitigation
contract.
(B) No agreement required.--Eligibility for
financial incentive payments under a climate mitigation
contract described in subparagraph (A)(i) shall not
require an avoided deforestation agreement.
(c) Performance of Supplemental Reductions.--In carrying out the
program, the Secretary shall report under subsection (f) on progress
toward reaching the following levels of carbon sequestration and
storage through climate mitigation contracts:
(1) 100,000,000 tons of carbon reductions by 2020.
(2) 200,000,000 tons of further carbon reductions by 2030.
(d) Program Requirements.--
(1) Contract required.--To participate in the program, an
owner of eligible land shall enter into a climate mitigation
contract with the Secretary.
(2) Program components.--In establishing the program, the
Secretary shall provide that--
(A) funds provided under this section shall not be
substituted for, or otherwise used as a basis for
reducing, funding authorized or appropriated under
other programs to compensate owners of eligible land
for activities that are not covered under a climate
mitigation contract;
(B) emission reductions or sequestration achieved
through a climate mitigation contract shall not be
eligible for crediting under any federally established
carbon offset program; and
(C) compensation for activities under this program
shall be set at such a rate so as not to exceed the net
estimated benefit an owner of eligible land would
receive for similar practices under any federally
established carbon offset program, taking into
consideration the costs associated with the issuance of
credits and compliance with reversal provisions.
(3) Reversals.--
(A) In general.--In developing regulations for
climate mitigation contracts, the Secretary shall
specify requirements in accordance with this paragraph
to address intentional or unintentional reversal of
carbon sequestration during the contract period.
(B) Intentional reversals.--If the Secretary finds
an owner of eligible land violated a climate mitigation
contract by intentionally reversing a practice or
otherwise intentionally failing to comply with the
contract, the Secretary shall terminate the contract
and require the owner to repay any contract payments in
an amount that reflects the lost carbon sequestration.
(C) Unintentional reversal.--If the Secretary finds
an eligible practice has been unintentionally reversed
due to events outside the control of the owner of
eligible land, the Secretary shall reevaluate and may
modify or terminate the climate mitigation contract,
after consultation with the owner, taking into
consideration lost carbon sequestration and the future
carbon sequestration potential of the contract.
(e) Incentive Payments.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue regulations
that specify eligible practices and related compensation rates,
standards, and guidelines as the basis for entering into
climate mitigation contracts with owners of eligible land.
(2) Set-aside of funds for certain purposes.--
(A) In general.--Not less than 35 percent of
program funds made available under this program for a
fiscal year shall be used--
(i) to provide additional incentives for
owners of eligible land that carry out
activities and enter into agreements that
protect carbon reductions and otherwise enhance
environmental benefits achieved under a climate
mitigation contract; and
(ii) to develop forest carbon monitoring
and methodologies that will improve the
tracking of carbon gains achieved under the
program.
(B) Use.--Of the amount of program funds made
available for a fiscal year, the Secretary shall use--
(i) at least 25 percent to make funds
available on a competitive basis to compensate
owners for entering avoided deforestation
agreements on land subject to a climate
mitigation contract;
(ii) not more than 10 percent to provide
incentive payments for additional management
activities that increase the adaptive capacity
of land under a climate mitigation contract;
and
(iii) not more than 2 percent for the
Forest Inventory and Analysis Program of the
Forest Service to develop improved measurement
and monitoring of forest carbon stocks.
(f) Program Measurement, Monitoring, Verification, and Reporting.--
(1) Measurement, monitoring, and verification.--The
Secretary shall establish and implement protocols that provide
monitoring and verification of compliance with climate
mitigation contracts, including both direct and indirect
effects and any reversal of sequestration.
(2) Reporting requirement.--At least annually, the
Secretary shall submit to Congress a report that contains--
(A) an estimate of annual and cumulative reductions
achieved as a result of the program, determined using
standardized measures, including measures of economic
efficiency; and
(B) a summary of any changes to the program that
will be made as a result of program measurement,
monitoring, and verification.
(3) Availability of report.--Each report required by this
subsection shall be available to the public through the website
of the Department of Agriculture.
(4) Program adjustments.--At least once every 2 years the
Secretary shall adjust eligible practices and compensation
rates for future climate mitigation contracts based on the
results of monitoring under paragraph (1) and reporting under
paragraph (2).
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary. | Forest Carbon Incentives Program Act of 2009 - Requires the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States. Directs the Secretary (subject to specified requirements) to provide to owners of eligible land financial incentive payments for: (1) eligible practices that measurably increase carbon sequestration and storage over a designated period, as specified through a climate mitigation contract; and (2) permanent avoided deforestation agreements (i.e., permanent conservation easements that cover eligible land that will not be converted for development).
Directs the Secretary to: (1) specify requirements to address intentional or unintentional reversal of carbon sequestration during the contract period; (2) issue regulations that specify eligible practices and related compensation rates, standards, and guidelines; (3) establish and implement protocols that provide monitoring and verification of compliance with such contracts; (4) report on progress toward reaching specified levels of carbon sequestration and storage through such contracts; and (5) adjust (at least every two years) eligible practices and compensation rates for future contracts based on the results. | {"src": "billsum_train", "title": "A bill to require the Secretary of Agriculture to establish a carbon incentives program to achieve supplemental greenhouse gas emission reductions on private forest land of the United States, and for other purposes."} | 1,742 | 238 | 0.720796 | 2.10138 | 1.057182 | 3.995327 | 7.317757 | 0.96729 |
SECTION 1. AGREEMENTS TO CORRECT POLLUTION.
(a) In General.--The Secretary of State, acting through the United
States Commissioner, International Boundary and Water Commission,
United States and Mexico (hereafter in this Act referred to as the
``Commissioner''), is authorized to conclude agreements with the
appropriate representative of the Ministry of Foreign Relations of
Mexico for the purpose of correcting the international problem of
pollution of the areas along the United States-Mexico border caused by
discharge of raw and inadequately treated sewage and other pollution
related problems along the border.
(b) Content of Agreements.--Agreements concluded under subsection
(a) should consist of recommendations to the Governments of the United
States and Mexico of measures to protect the health and welfare of
persons along the United States-Mexico border from the effects of
pollution, including--
(1) facilities that should be constructed, operated, and
maintained in each country;
(2) estimates of the cost of the planning, construction,
operation, and maintenance of the facilities referred to in
paragraph (1);
(3) formulas for the initial division between the United
States and Mexico of the cost of the planning, construction,
operation, and maintenance of the facilities referred to in
paragraph (1);
(4) a method for review and adjustment of the formulas
referred to in paragraph (3) at intervals of five years that
recognizes that such initial formulas should not be used as a
precedent in their subsequent review and adjustment; and
(5) dates for the beginning and completion of construction
of the facilities referred to in paragraph (1).
SEC. 2. AUTHORITY OF SECRETARY OF STATE TO PLAN, CONSTRUCT, OPERATE,
AND MAINTAIN FACILITIES.
The Secretary of State, acting through the Commissioner, is
authorized to act jointly with the appropriate representative of the
Government of Mexico and to supervise--
(1) the planning of, and
(2) the construction, operation, and maintenance of,
the facilities recommended in agreements concluded pursuant to section
2 and approved by the Government of the United States and Mexico.
SEC. 3. CONSULTATION WITH THE ADMINISTRATOR OF THE ENVIRONMENTAL
PROTECTION AGENCY AND OTHER AUTHORITIES.
The Secretary of State shall consult with the Administrator of the
Environmental Protection Agency and other concerned Federal, State, and
local government officials in implementing this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary for the United States to fund its share of the cost of the
plans, construction, operation, and maintenance of the facilities
recommended in agreements concluded pursuant to section 1 and approved
by the Governments of the United States and Mexico.
SEC. 5. ANNUAL REPORT.
(a) In General.--The Secretary of State, acting through the
Commissioner, shall prepare an annual report regarding the activities
of the International Boundary and Water Commission, including the
implementation of this Act, for each fiscal year as provided in
subsection (b). Such report shall be submitted to the President, the
Speaker of the House of Representatives, and the Majority Leader of the
Senate not later than ninety days after the end of each fiscal year.
(b) Contents.--The report required under subsection (a) shall
include--
(1) a summary of the activities of the Commission during
the fiscal year;
(2) a review of the international problem of pollution of
the areas along the United States-Mexico border caused by
discharge of raw and inadequately treated sewage and other
wastes from populated areas along the border;
(3) a summary of the progress made by the Commissioner
during the fiscal year in concluding any agreement authorized
under section 1(a);
(4) a summary of the recommendations included in any such
agreement under consideration or concluded during the fiscal
year, as provided in section 1(b);
(5) a summary of the progress made toward fulfilling the
recommendations included in any such concluded agreement;
(6) a summary of the actions taken by the Commissioner to
plan, construct, operate, and maintain facilities as authorized
under section 2;
(7) a summary of the consultations made with the
Administrator of the Environmental Protection Agency and other
concerned Federal, State, and local government officials as
required under section 3;
(8) any recommendations that the Commissioner determines
will be beneficial in correcting the international problem of
pollution of the areas along the United States-Mexico border
caused by discharge of raw and inadequately treated sewage and
other wastes from populated areas along the border; and
(9) such other information as the Commissioner determines
is necessary or appropriate. | Authorizes the Secretary of State, acting through the U.S. Commissioner of the International Boundary and Water Commission, to conclude agreements with the Ministry of Foreign Relations of Mexico to correct the problem of pollution along the U.S.-Mexican border caused by discharge of raw and inadequately treated sewage and other pollution related problems along the border.
Declares that such agreements should consist of recommendations to the U.S. and Mexican Governments of measures to protect the health and welfare of persons along the border from the effects of pollution.
Authorizes the Secretary, acting through the Commissioner, to act jointly with the appropriate representative of the Mexican Government to supervise the planning, construction, and operation of facilities recommended in agreements.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of State, acting through the Commissioner of the International Boundary and Water Commission, to conclude agreements with the appropriate representative of the Government of Mexico to correct pollution along the U.S.-Mexico border."} | 987 | 159 | 0.675188 | 1.907723 | 0.800751 | 5.045455 | 7.212121 | 0.924242 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Catalyst to Better
Diabetes Care Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; findings.
Sec. 2. Diabetes screening collaboration and outreach program.
Sec. 3. Advisory group regarding employee wellness and disease
management best practices.
Sec. 4. National Diabetes Report Card.
Sec. 5. Improvement of vital statistics collection.
Sec. 6. Study on appropriate level of diabetes medical education.
(c) Findings.--The Congress finds as follows:
(1) Diabetes is a chronic public health problem in the
United States that is getting worse.
(2) According to the Centers for Disease Control and
Prevention:
(A) One in 3 Americans born in 2000 will get
diabetes.
(B) One in 2 Hispanic females born in 2000 will get
diabetes.
(C) 1,500,000 new cases of diabetes were diagnosed
in adults in 2005.
(D) In 2005, 20,800,000 Americans had diabetes,
which is 7 percent of the population of the United
States.
(E) 6,200,000 Americans are currently undiagnosed.
(F) African-Americans are nearly twice as likely as
whites to have diabetes.
(G) Nearly 13 percent of American Indians and
Alaska Natives over 20 years old have diagnosed
diabetes.
(H) In States with significant Asian populations,
Asians were 1.5 to 2 times as likely as whites to have
diagnosed diabetes.
(3) Diabetes carries staggering costs:
(A) In 2002, the total amount of the direct and
indirect costs of diabetes was estimated at
$132,000,000,000.
(B) 18 percent of the Medicare population has
diabetes but spending on this group consumes 32 percent
of the Medicare budget.
(4) Diabetes is deadly. According to the Centers for
Disease Control and Prevention:
(A) In 2002, diabetes contributed to 224,092
deaths.
(B) Diabetes is likely to be seriously
underreported as studies have found that only 35
percent to 40 percent of decedents with diabetes had it
listed anywhere on the death certificate and only about
10 percent to 15 percent had it listed as the
underlying cause of death.
(5) Diabetes complications carry staggering economic and
human costs for our country and health system:
(A) Diabetes contributes to over 224,000 deaths a
year.
(B) The risk for stroke is 2 to 4 times higher
among people with diabetes.
(C) Diabetes is the leading cause of new blindness
in America, causing approximately 18,000 new cases of
blindness each year.
(D) Diabetes is the leading cause of kidney failure
in America, accounting for 44 percent of new cases in
2002.
(E) In 2002, 44,400 Americans with diabetes began
treatment for end-stage kidney disease and a total of
153,730 were living on chronic dialysis or with a
kidney transplant as a result of their diabetes.
(F) In 2002, approximately 82,000 amputations were
performed on Americans with diabetes.
(G) Poorly controlled diabetes before conception
and during the first trimester of pregnancy can cause
major birth defects in 5 percent to 10 percent of
pregnancies and spontaneous abortions in 15 percent to
20 percent of pregnancies.
(6) Diabetes is unique because many of its complications
and tremendous costs are largely preventable through early
detection, better education on diabetes self-management, and
improved delivery of available medical treatment:
(A) According to the Agency for Healthcare Research
and Quality, appropriate primary care for diabetes
complications could have saved the Medicare and
Medicaid programs $2,500,000,000 in hospital costs in
2001 alone.
(B) According to the Diabetes Prevention Project
sponsored by the National Institutes of Health,
lifestyle interventions such as diet and moderate
physical activity for those with prediabetes reduced
the development of diabetes by 58 percent; among
Americans aged 60 and over, lifestyle interventions
reduced diabetes by 71 percent.
(C) Research shows detecting and treating diabetic
eye disease can reduce the development of severe vision
loss by 50 percent to 60 percent.
(D) Research shows comprehensive foot care programs
can reduce amputation rates by 45 percent to 85
percent.
(E) Detecting and treating early diabetic kidney
disease by lowering blood pressure can reduce the
decline in kidney function by 30 percent.
SEC. 2. DIABETES SCREENING COLLABORATION AND OUTREACH PROGRAM.
(a) Establishment.--With respect to diabetes screening tests and
for the purposes of reducing the number of undiagnosed seniors with
diabetes or prediabetes, the Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ``Director''), shall--
(1) review uptake and utilization of diabetes screening
benefits to identify and address any existing problems with
regard to utilization and data collection mechanisms;
(2) establish an outreach program to identify existing
efforts by agencies and by the private and nonprofit sectors to
increase awareness among seniors and providers of diabetes
screening benefits; and
(3) maximize cost effectiveness in increasing utilization
of diabetes screening benefits.
(b) Consultation.--In carrying out this section, the Secretary and
the Director shall consult with--
(1) various units of the Federal Government, including the
Centers for Medicare & Medicaid Services, the Surgeon General
of the Public Health Service, the Agency for Healthcare
Research and Quality, the Health Resources and Services
Administration, and the National Institutes of Health; and
(2) entities with an interest in diabetes, including
industry, voluntary health organizations, trade associations,
and professional societies.
SEC. 3. ADVISORY GROUP REGARDING EMPLOYEE WELLNESS AND DISEASE
MANAGEMENT BEST PRACTICES.
(a) Establishment.--The Secretary of Health and Human Services
shall establish an advisory group consisting of representatives of the
public and private sector. The advisory group shall include
representatives from the Department of Commerce, the Department of
Health and Human Services, the Small Business Administration, and
public and private sector entities with experience in administering and
operating employee wellness and disease management programs.
(b) Duties.--The advisory group established under subsection (a)
shall examine and make recommendations of best practices of employee
wellness and disease management programs in order to--
(1) provide public and private sector entities with
improved information in assessing the role of employee wellness
and disease management programs in saving money and improving
quality of life for patients with chronic illnesses; and
(2) encourage the adoption of effective employee wellness
and disease management programs.
(c) Report.--Not later than 1 year after the date of the enactment
of this Act, the advisory group established under subsection (a) shall
submit to the Secretary of Health and Human Services the results of the
examination under subsection (b)(1).
SEC. 4. NATIONAL DIABETES REPORT CARD.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Director of the Centers for Disease Control and Prevention
(referred to in this section as the ``Director''), shall prepare on a
biennial basis a national diabetes report card (referred to in this
section as a ``Report Card'') and, to the extent possible, for each
State.
(b) Contents.--
(1) In general.--Each Report Card shall include aggregate
health outcomes related to individuals diagnosed with diabetes
and prediabetes including--
(A) preventative care practices and quality of
care;
(B) risk factors; and
(C) outcomes.
(2) Updated reports.--Each Report Card that is prepared
after the initial Report Card shall include trend analysis for
the Nation and, to the extent possible, for each State, for the
purpose of--
(A) tracking progress in meeting established
national goals and objectives for improving diabetes
care, costs, and prevalence (including Healthy People
2010); and
(B) informing policy and program development.
(c) Availability.--The Secretary, in collaboration with the
Director, shall make each Report Card publicly available, including by
posting the Report Card on the Internet.
SEC. 5. IMPROVEMENT OF VITAL STATISTICS COLLECTION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting through the
Director of the Centers for Disease Control and Prevention and in
collaboration with appropriate agencies and States, shall--
(1) promote the education and training of physicians on the
importance of birth and death certificate data and how to
properly complete these documents, including the collection of
such data for diabetes and other chronic diseases;
(2) encourage State adoption of the latest standard
revisions of birth and death certificates; and
(3) work with States to re-engineer their vital statistics
systems in order to provide cost-effective, timely, and
accurate vital systems data.
(b) Death Certificate Additional Language.--In carrying out this
section, the Secretary may promote improvements to the collection of
diabetes mortality data, including the addition of a question for the
individual certifying the cause of death regarding whether the deceased
had diabetes.
SEC. 6. STUDY ON APPROPRIATE LEVEL OF DIABETES MEDICAL EDUCATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary'') shall, in
collaboration with the Institute of Medicine and appropriate
associations and councils, conduct a study of the impact of diabetes on
the practice of medicine in the United States and the appropriateness
of the level of diabetes medical education that should be required
prior to licensure, board certification, and board recertification.
(b) Report.--Not later than 2 years after the date of the enactment
of this Act, the Secretary shall submit a report on the study under
subsection (a) to the Committees on Ways and Means and Energy and
Commerce of the House of Representatives and the Committees on Finance
and Health, Education, Labor, and Pensions of the Senate. | Catalyst to Better Diabetes Care Act of 2007 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of diabetes screening benefits to identify and address problems with utilization and data collection mechanisms; (2) establish an outreach program to identify existing efforts to increase awareness among seniors and providers of such benefits; and (3) maximize cost-effectiveness in increasing utilization of such benefits.
Requires the Secretary of Health and Human Services to establish an advisory group to examine and recommend best practices of employee wellness and disease management programs.
Directs the Secretary to prepare, biennially, a diabetes report card for the nation and for each state.
Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote improvements to the collection of diabetes mortality data.
Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification. | {"src": "billsum_train", "title": "A bill to catalyze change in the care and treatment of diabetes in the United States."} | 2,187 | 302 | 0.522903 | 1.531697 | 0.789905 | 5.719858 | 7.446809 | 0.960993 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Seafood Consumer
Protection Act''.
SEC. 2. SEAFOOD SAFETY.
(a) In General.--The Secretary of Commerce shall, in coordination
with the Secretary of Health and Human Services and other appropriate
Federal agencies, establish a program to strengthen Federal activities
for ensuring that commercially distributed seafood in the United States
meets the food quality and safety requirements of Federal law.
(b) Memorandum of Understanding.--The Secretary of Commerce and the
Secretary of Health and Human Services shall enter into an agreement
within 180 days after enactment of this Act to strengthen cooperation
on seafood safety. The agreement shall include provisions for--
(1) cooperative arrangements for examining and testing
seafood imports;
(2) coordination of inspections of foreign facilities;
(3) technical assistance and training of foreign facilities
for marine aquaculture, technical assistance for foreign
governments concerning United States regulatory requirements,
and appropriate information transfer arrangements between the
United States and foreign governments;
(4) developing a process for expediting imports of seafood
into the United States from foreign countries and exporters
that consistently adhere to the highest standards for ensuring
seafood safety;
(5) establishing a system to track shipments of seafood in
the distribution chain within the United States;
(6) labeling requirements to assure species identity and
prevent fraudulent practices;
(7) a process by which officers and employees of the
National Oceanic and Atmospheric Administration and National
Marine Fisheries Service may be commissioned by the Secretary
of Health and Human Services for seafood examinations and
investigations conducted under section 801 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381);
(8) the sharing of information concerning observed non-
compliance with United States food requirements domestically
and in foreign countries and new regulatory decisions and
policies that may affect regulatory outcomes; and
(9) conducting joint training on subjects that affect and
strengthen seafood inspection effectiveness by Federal
authorities.
SEC. 3. CERTIFIED LABORATORIES.
Within 180 days after the date of enactment of this Act, the
Secretary of Commerce, in consultation with the Secretary of Health and
Human Services, shall increase the number of laboratories certified to
the standards of the Food and Drug Administration in the United States
and in countries that export seafood to the United States for the
purpose of analyzing seafood and ensuring that it complies with Federal
law. Such laboratories may include Federal, State, and private
facilities. The Secretary of Commerce shall publish in the Federal
Register a list of certified laboratories, and shall update the list,
and publish the updated list, no less frequently than annually.
SEC. 4. NOAA LABORATORIES.
In any fiscal year beginning after the date of enactment of this
Act, the Secretary of Commerce may increase the number and capacity of
laboratories operated by the National Oceanic and Atmospheric
Administration involved in carrying out testing and other activities
under this Act to the extent the Secretary determines that increased
laboratory capacity is necessary to carry out the provisions of this
Act and as provided for in appropriations Acts.
SEC. 5. INSPECTION TEAMS.
The Secretary of Commerce, in cooperation with the Secretary of
Health and Human Services, may send 1 or more inspectors to a country
or exporter from which seafood exported to the United States
originates. The inspection team will assess practices and processes
being used in connection with the farming, cultivation, harvesting,
preparation for market, or transportation of such seafood and provide
technical assistance related to the requirements established under the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). The
inspection team shall prepare a report for the Secretary with its
findings. The Secretary of Commerce shall make a copy of the report
available to the country or exporter that is the subject of the report
and provide a 30-day period during which the country or exporter may
provide a rebuttal or other comments on the findings of the Secretary.
The Secretary of Commerce shall cause the report, together with any
comments submitted to the Secretary by the country or exporter, to be
published in the Federal Register not later than 60 days after the
inspection team makes its final report.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $15,000,000 for each of
fiscal years 2010 through 2014, for purposes of carrying out this Act. | Commercial Seafood Consumer Protection Act - Directs the Secretary of Commerce (Secretary) to establish a program to strengthen federal activities for ensuring that commercially distributed seafood meets federal food quality and safety requirements.
Directs the Secretary and the Secretary of Health and Human Services to enter into an agreement to strengthen cooperation on seafood safety, including regarding examining and testing seafood imports, inspections of foreign facilities, technical assistance and training of foreign facilities for marine aquaculture, establishing a distribution chain tracking system, and labeling.
Directs the Secretary to increase the number of laboratories certified to Food and Drug Administration (FDA) standards.
Authorizes the Secretary to increase the number and capacity of laboratories operated by the National Oceanic and Atmospheric Administration (NOAA) involved in testing and other activities under this Act.
Authorizes the Secretary to send inspectors to an originating country or exporter to assess seafood practices and processes and to provide technical assistance related to Federal Food, Drug, and Cosmetic Act (FFDCA) requirements. | {"src": "billsum_train", "title": "To improve the protections afforded under Federal law to consumers from contaminated seafood by directing the Secretary of Commerce to establish a program, in coordination with other appropriate Federal agencies, to strengthen activities for ensuring that seafood sold or offered for sale to the public in or affecting interstate commerce is fit for human consumption."} | 935 | 218 | 0.662502 | 1.78514 | 0.909049 | 3.614973 | 4.770053 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Pornography Elimination Act of
2007''.
SEC. 2. MANDATORY MINIMUM FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United
States Code, is amended by striking ``or imprisoned not more than 10
years, or both'' and inserting ``and imprisoned not less than 2 years
nor more than 15 years''.
(b) Pornography.--Section 2252A(b)(2) of title 18, United States
Code, is amended by striking ``or imprisoned not more than 10 years, or
both'' and inserting ``and imprisoned not less than 2 years nor more
than 15 years''.
SEC. 3. STRENGTHENING SECTION 13032 OF TITLE 42, UNITED STATES CODE, TO
ENSURE THAT CHILD PORNOGRAPHY IS EFFECTIVELY REPORTED.
Section 227(b)(2) of the Victims of Child Abuse Act of 1990 (42
U.S.C. 13032) is amended to read as follows:
``(4) Failure to report.--
``(A) Knowingly.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who knowingly and willfully
fails to make a report under that paragraph shall be
fined--
``(i) in the case of an initial failure to
make a report, not more than $150,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $300,000.
``(B) Negligently.--A provider of electronic
communication services or remote computing services
described in paragraph (1) who negligently fails to
make a report under that paragraph shall be subject to
a civil penalty of--
``(i) in the case of an initial failure to
make a report, not more than $50,000; and
``(ii) in the case of any second or
subsequent failure to make a report, not more
than $100,000.
``(C) FCC authority.--For the purposes of this
paragraph, the Federal Communications Commission shall
have the authority to levy civil penalties and shall
promulgate regulations, in consultation with the
Attorney General, to effectuate the purposes of this
paragraph and to provide for appropriate administrative
review of any civil penalties levied thereunder.''.
SEC. 4. KNOWINGLY ACCESSING CHILD PORNOGRAPHY.
Section 2252(a) of title 18, United States Code, is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by inserting after
``possesses,'' the following: ``or knowingly accesses
with intent to view,'';
(B) in subparagraph (B), by inserting after
``possesses,'' the following: ``or knowingly accesses
with intent to view,''; and
(2) in paragraph (5)--
(A) in subparagraph (A), by inserting after
``possesses,'' the following: ``or knowingly accesses
with intent to view,''; and
(B) in subparagraph (B), by inserting after
``possesses,'' the following: ``or knowingly accesses
with intent to view,''.
SEC. 5. CONSPIRACY PROVISION FOR CHAPTER 77 OFFENSES.
Section 1594(a) of title 18, United States Code, is amended by
inserting after ``attempts'' the following: ``or conspires to''.
SEC. 6. MANDATORY RESTITUTION FOR CERTAIN CHILD SEX OFFENSES.
(a) In General.--Chapter 117 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 2429. Mandatory restitution
``(a) In General.--Notwithstanding section 3663 or 3663A of this
title, and in addition to any other civil or criminal penalty
authorized by law, the court shall order restitution for any offense
under this chapter.
``(b) Scope and Nature of Order.--
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the
victim's losses as determined by the court pursuant to
paragraph (2).
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.
``(3) Definition.--For purposes of this subsection, the
term `full amount of the victim's losses' includes any costs
incurred by the victim for--
``(A) medical services relating to physical,
psychiatric, or psychological care as a proximate
result of the offense;
``(B) physical and occupational therapy or
rehabilitation as a proximate result of the offense;
``(C) necessary transportation, temporary housing,
and child care expenses as a proximate result of the
offense;
``(D) lost income as a proximate result of the
offense;
``(E) attorney's fees, as well as other costs
incurred as a proximate result of the offense; and
``(F) any other losses suffered by the victim as a
proximate result of the offense.
``(4) Order mandatory.--
``(A) In general.--The issuance of a restitution
order under this section is mandatory.
``(B) Consideration.--A court may not decline to
issue an order under this section because of--
``(i) the economic circumstances of the
defendant; or
``(ii) the fact that a victim has received,
or is entitled to receive, compensation for his
or her injuries from the proceeds of insurance
or any other source.
``(c) Definition.--For purposes of this section, the term `victim'
means the individual harmed as a result of a commission of a crime
under this chapter, including, in the case of a victim who is under 18
years of age, incompetent, incapacitated, or deceased, the legal
guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(b) Chapter Analysis.--The chapter analysis etc.
SEC. 7. AMEND DEFINITION OF ILLICIT SEXUAL CONDUCT.
Section 2423(f) of title 18, United States Code, is amended by--
(1) striking ``or''; and
(2) striking the period at the end of the subsection and
inserting ``; or (3) production of child pornography, as
defined in section 2256(8).''.
SEC. 8. EXPAND THE USE OF THE SEX TRAFFICKING STATUTE.
(a) Sexual Exploitation.--Section 2252(b)(2) of title 18, United
States Code, is amended by inserting after ``this chapter,'' the
following: ``section 1591,''.
(b) Pornography.--Section 2252A(b)(2) of title 18, United States
Code, is amended by inserting after ``this chapter,'' the following:
``section 1591,''.
(c) Repeat Offenders.--Section 2426(b)(1)(A) of title 18, United
States Code, is amended by--
(1) striking ``or following 109A,''; and
(2) inserting after ``chapter 110'' the following ``or
section 1591''.
(d) Release and Detention.--Section 3156(a)(4)(C) of title 18,
United States Code, is amended by inserting after ``117'' the
following: ``, or section 1591''.
(e) Administrative Subpoenas.--Section 3486(a)(1)(D) of title 18,
United States Code, is amended by inserting after ``1201,'' the
following: ``1591,''. | Child Pornography Elimination Act of 2007 - Amends the federal criminal code to: (1) impose a mandatory minimum prison term of two years for possession of child pornography and increase to 15 years the maximum prison term for such crime; (2) increase fines for the intentional failure of Internet service providers to report online child pornography and to impose a new fine for negligent failure to report; (3) make it a crime to knowingly access with intent to view child pornography; (4) prohibit conspiracies to commit human trafficking crimes; (5) expand and make mandatory restitution for certain child sex offenses; (6) include production of child pornography within the definition of "illicit sexual conduct" for purposes of the crime of transporting minors with the intent to engage in criminal sexual activity; and (7) make the prohibition against sex trafficking of children applicable to prosecutions of child pornographers and repeat offenders. | {"src": "billsum_train", "title": "To eliminate child pornography."} | 1,907 | 205 | 0.505321 | 1.358557 | 0.805863 | 1.722543 | 9.109827 | 0.763006 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SAFE Grant Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Over 300,000 women are sexually assaulted each year in
the United States. Unlike all other violent crimes, rape is not
declining in frequency.
(2) Most victims of sexual assault who seek treatment for
an attack report to hospital emergency rooms.
(3) Since most sexual assault victims do not require
immediate medical attention, many wait hours before receiving
treatment from nurses or other medical professionals. Some
sexual assault victims leave the hospital altogether rather
than endure extended waits, diminishing the likelihood that the
offense will ever be reported, investigated, or prosecuted.
(4) Most emergency room personnel who treat sexual assault
victims lack training in collecting critical forensic evidence
and providing the physical and psychological care particularly
required by sexual assault victims.
(5) Many hospitals lack the best and most recent forensic
tools, such as dye capable of revealing microscopic scratches,
and colposcopes, which detect and photograph otherwise
invisible pelvic injuries.
(6) Some emergency room personnel avoid treating sexual
assault victims for fear of having to participate in time-
consuming witness preparation and court appearances, or decline
to devote time and attention to cooperating with investigators
and prosecutors.
(7) By contrast, sexual assault victims treated by Sexual
Assault Forensic Examiners (referred to in this Act as
``SAFEs'') under the Sexual Assault Forensic Examiner program
(referred to in this Act as the ``SAFE program'')--
(A) rarely wait for treatment;
(B) are attended to by a single, specially trained
examiner rather than multiple doctors, nurses, lab
technicians, and administrative assistants; and
(C) receive sensitive care tailored specifically
for sexual assault victims and delivered in a private
setting.
(8) SAFEs are far better able to document sexual assault
than nonspecialized emergency room personnel because they are
primarily focused on collecting evidence of sexual assault from
victims, have extensive training in the latest forensic
techniques, and use the best and most recent equipment.
(9) SAFEs bolster the odds of prosecuting and convicting
sexual assailants by gathering invaluable evidence and ensuring
its proper preservation, and cooperating extensively with
police and prosecutors. Because of their specialized training
and experience, SAFEs make better witnesses than ordinary
emergency room personnel and can make the difference between
success or failure at trial.
(10) There are approximately 500 SAFE programs in the
United States, which treat less than 5 percent of all sexual
assault victims.
(11) Financial obstacles have slowed the growth of SAFE
programs which struggle to obtain the Federal, State, and
private funding necessary to establish and maintain service.
(12) Currently, SAFE programs are forced to compete against
a myriad of other law enforcement and victims' programs to
obtain limited Federal funding from existing sources.
(13) Establishing a specific and adequate source of Federal
funding for SAFE programs will contribute to their
proliferation and thereby aid in the successful prosecution of
offenders and the improvement of care provided to victims.
SEC. 3. GRANT PROGRAM.
(a) Establishment of Grant Program.--The Attorney General shall
establish a program to award and disburse annual grants to SAFE
programs.
(b) Compliance With National Protocol.--To receive a grant under
this section, a proposed or existing SAFE program shall be in
compliance with the standards and recommended national protocol
developed by the Attorney General pursuant to section 1405 of the
Victims of Trafficking and Violence Protection Act of 2000 (42 U.S.C.
3796gg note).
(c) Application.--
(1) In general.--Each proposed or existing SAFE program
that desires a grant under this section shall submit an
application to the Attorney General at such time, and in such
manner, as the Attorney General shall reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall include information regarding--
(A) the size of the population or estimated
population to be served by the proposed or existing
SAFE program; and
(B) if the SAFE program exists at the time the
applicant submits its application, the effectiveness of
that SAFE program.
(d) Priority Given to Programs in Underserved Areas.--In awarding
grants under this section, the Attorney General shall give priority to
proposed or existing SAFE programs that are serving, or will serve,
populations currently underserved by existing SAFE programs.
(e) Nonexclusivity.--Nothing in this Act shall be construed to
limit or restrict the ability of proposed or existing SAFE programs to
apply for and obtain Federal funding from any other agency or
department, or under any other Federal grant program.
(f) Audits.--The Attorney General shall audit recipients of grants
awarded and disbursed under this section to ensure--
(1) compliance with the standards and recommended national
protocol developed by the Attorney General pursuant to section
1405 of the Victims of Trafficking and Violence Protection Act
of 2000 (42 U.S.C. 3796gg note);
(2) compliance with other applicable Federal laws; and
(3) overall program effectiveness.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice $10,000,000 for each of
fiscal years 2002 through 2006 for grants under this section. | SAFE Grant Act of 2001 - Directs the Attorney General to establish a program to award and disburse annual grants to Sexual Assault Forensic Examiner (SAFE) programs.Requires a proposed or existing SAFE program, to receive a grant, to be in compliance with the standards and recommended national protocol developed by the Attorney General pursuant to the Victims of Trafficking and Violence Protection Act of 2000.Sets forth provisions regarding application requirements, priority for programs in underserved areas, non-exclusivity, and audits. | {"src": "billsum_train", "title": "A bill to establish a grant program for Sexual Assault Forensic Examiners, and for other purposes."} | 1,162 | 125 | 0.360784 | 1.085445 | 0.533743 | 4.307692 | 11.879121 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Passenger Vehicle Loss Disclosure
Act of 2009''.
SEC. 2. DISCLOSURE OF TOTAL LOSS DATA.
(a) In General.--Section 32303 of title 49, United States Code, is
amended by adding at the end the following:
``(d) Disclosure of Loss Data for Passenger Motor Vehicles.--
``(1) Specific total loss data to be disclosed.--The
Secretary of Transportation shall by regulation require all
insurers and self-insurers of passenger motor vehicles to
disclose to the public in a commercially reasonable,
electronically accessible manner the following information for
every passenger motor vehicle described in paragraph (3) that
has been declared a total loss by such an insurer or determined
to be a total loss by such a self-insurer:
``(A) The vehicle identification number of the
vehicle.
``(B) The date of declaration or determination of
the total loss.
``(C) The odometer reading on the date of the
declaration or determination of total loss.
``(D) A statement as to whether the primary reason
for the declaration or determination of total loss is--
``(i) flood or water damage;
``(ii) collision or fire damage;
``(iii) theft and recovery; or
``(iv) some other reason.
``(E) A statement as to whether, as a result of the
incident that prompted the declaration or determination
of total loss, 1 or more airbags were deployed.
``(2) Time for disclosure.--The Secretary shall require the
disclosure described in paragraph (1) to be made not later
than--
``(A) the date on which the insurer terminates
coverage on the vehicle due to the total loss of the
vehicle; or
``(B) the date on which the self-insurer determines
the vehicle to be a total loss.
``(3) Vehicles to which disclosure requirement applies.--
``(A) Insurers.--Paragraph (1) applies to a
declaration of total loss by an insurer for any
passenger motor vehicle with respect to which--
``(i) the insurer obtains from an insured
pursuant to a settlement resulting in the
termination of the current coverage by the
insurer for that vehicle;
``(ii) the insurer permits the insured to
retain pursuant to a settlement resulting in
the termination of the current coverage by the
insurer for that vehicle; or
``(iii) the insurer terminates coverage
following the theft of, damage to, or other
circumstances that adversely affect the fair
market value of that vehicle.
``(B) Self-insurers.--Paragraph (1) applies to a
determination of total loss by a self-insurer for any
passenger motor vehicle that the self-insurer
determines has sustained sufficient damage to be a
total loss.
``(4) Application with state laws.--The disclosure required
by this subsection applies without regard to whether--
``(A) the insurer or self-insurer obtains a
certificate of title for the passenger motor vehicle
under State motor vehicle titling law;
``(B) the insurer or self-insurer obtains a branded
certificate of title for a passenger motor vehicle
under State motor vehicle titling law to connote the
type of damage or condition conveyed by the disclosure
of total loss data;
``(C) the insurer or self-insurer files any other
notification with a State motor vehicle titling agency
with respect to the passenger motor vehicle; or
``(D) the insurer or self-insurer disposes of or
receives proceeds from the disposition of a passenger
motor vehicle upon termination of coverage following
the theft of, damage to, or other circumstances that
adversely affect the fair market value of that vehicle.
``(5) Use of private sector resources.--
``(A) In general.--The Secretary shall rely on the
private sector to collect, aggregate, and disclose to
the public the data required to be disclosed under this
subsection.
``(B) Lookup identifier.--The Secretary shall
ensure that all total loss data disclosed in accordance
with subparagraph (A) is accessible by vehicle
identification number.
``(6) Liability protection for public disclosure.--Any
person performing any activity related to the public disclosure
of the data under this subsection in good faith and with the
reasonable belief that such activity was in accordance with
this subsection shall be immune from any civil action
respecting such activity seeking money damages or equitable
relief in any court of the United States or of a State.
``(7) Definitions.--In this subsection:
``(A) Passenger motor vehicle.--The term `passenger
motor vehicle' means a motor vehicle with motive power
designed for carrying 10 or fewer persons, including
multipurpose passenger vehicles, light trucks, and
motorcycles, but not including trailers.
``(B) Self-insurer.--The term `self-insurer' means
a person that retains all or part of the risk of loss
with respect to passenger motor vehicles it owns
instead of using an insurer.''.
(b) Regulations.--The Secretary of Transportation shall promulgate
the regulations required by section 32303(d) of title 49, United States
Code, as added by subsection (a), not later than 1 year after the date
of the enactment of this Act. | Passenger Vehicle Loss Disclosure Act of 2009 - Directs the Secretary of Transportation to require all insurers and self-insurers of passenger motor vehicles to disclose to the public, in a commercially reasonable, electronically accessible manner, for each passenger motor vehicle declared or determined to be a total loss: (1) the vehicle identification number and odometer reading; (2) the date of and primary reason for the total loss determination; and (3) whether the airbags deployed. | {"src": "billsum_train", "title": "A bill to improve consumer access to passenger vehicle loss data held by insurers."} | 1,204 | 100 | 0.711886 | 1.805077 | 1.156531 | 3.561798 | 12.494382 | 0.977528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Health Insurance
Affordability Act of 2002''.
SEC. 2. REFUNDABLE CREDIT FOR SMALL BUSINESSES PROVIDING HEALTH
INSURANCE COVERAGE FOR EMPLOYEES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 35 as section 36 and by inserting
after section 34 the following new section:
``SEC. 35. SMALL BUSINESS COST OF PROVIDING HEALTH INSURANCE COVERAGE
FOR EMPLOYEES.
``(a) In General.--At the election of the employer, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the applicable percentage of the
qualified premiums paid during the taxable year by the taxpayer.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage shall be determined in accordance with the
following table:
``Total number of employees of The applicable percentage is:
taxpayer:
10 or fewer....................
50 percent.
11 to 15.......................
25 percent.
16 or more.....................
0 percent.
``(c) Limitations.--
``(1) Maximum employee compensation.--No amount paid for a
qualified premium shall be taken into account under subsection
(a) if such amount is paid or incurred with respect to any
employee to whom the taxpayer paid wages of $40,000 or more for
the calendar year ending with or in the taxable year of the
taxpayer.
``(2) Minimum employee service.--No amount paid for a
qualified premium shall be taken into account under subsection
(a) if such amount is paid or incurred with respect to any
employee unless such employee has performed at least 400 hours
of service for the employer during the taxable year of the
employer.
``(3) Inflation adjustment.--In the case of a calendar year
after 2003, the dollar amount contained in paragraph (1) shall
be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for such calendar year by
substituting `calendar year 2002' for `calendar year
1992' in subparagraph (B) thereof.
Any increase under this paragraph which is not a multiple of
$100 shall be rounded to the next lowest multiple of $100.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified premiums.--The term `qualified premiums'
means premiums paid by the taxpayer for qualified health
insurance for any employee of the taxpayer, and the employee's
spouse and dependents, but only if the employer pays not less
than 75 percent of the aggregate premiums for such insurance
for the taxable year. For purposes of the preceding sentence,
the term `premium' shall have the same meaning as when used in
section 4980B(f)(4).
``(2) Qualified health insurance.--The term `qualified
health insurance' means insurance which constitutes medical
care (as defined in section 213(d)); except that such term
shall not include any insurance if substantially all of its
coverage is of excepted benefits described in section 9832(c).
``(3) Wages.--The term `wages' shall have the meaning given
to such term by subsection (b) of section 3306 (determined
without regard to any dollar limitation contained in such
section).
``(4) Aggregation rule.--For purposes of this section, all
persons treated as a single employer under subsection (a) or
(b) of section 52 or subsection (n) or (o) of section 414 shall
be treated as one person.
``(e) Termination.--This section shall not apply to taxable years
beginning after December 31, 2007.''.
(b) Technical Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or from section 35 of
such Code'' before the period at the end.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the item relating to section 35 and
inserting the following new items:
``Sec. 35. Small business cost of
providing health insurance
coverage for employees.
``Sec. 36. Overpayment of taxes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Small Business Health Insurance Affordability Act of 2002 - Amends the Internal Revenue Code to permit a limited tax credit for employers of 15 or fewer employees based on premiums paid for health insurance for employees. Denies an employer the credit if the relevant employee earned at least $40,000 or worked less than 400 hours for the year. Provides an adjustment for inflation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives to small businesses to provide health insurance to their employees."} | 1,068 | 81 | 0.561723 | 1.264211 | 0.930272 | 1.820896 | 14.119403 | 0.835821 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Pyramid Promotional Scheme Act
of 2017''.
SEC. 2. PROHIBITION ON PYRAMID PROMOTIONAL SCHEMES; OTHER REQUIREMENTS.
The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended
by inserting after section 5 the following:
``Sec. 5A. (a) It shall be unlawful for any person to establish,
operate, promote, or cause to be promoted a pyramid promotional scheme.
``(b) Any person who establishes, operates, promotes, or causes to
be promoted any plan or operation which sells or solicits the sale of
consumer products or services in the home or otherwise than in a
permanent retail establishment, and which sells products or services
directly or indirectly to independent salespeople, shall have a bona
fide inventory repurchase agreement.
``(c) Nothing in this Act may be construed to prohibit a plan or
operation, or to define a plan or operation as a pyramid promotional
scheme, based upon the fact that participants in the plan or operation
give consideration in return for the right to receive compensation
based upon purchases of goods or services or intangible property by
participants for personal use, consumption, or resale so long as the
plan or operation does not require inventory loading and the plan or
operation implements a bona fide inventory repurchase agreement.
``(d) A violation of subsection (a) or (b) shall be treated as an
unfair or deceptive act or practice in or affecting commerce under
section 5.''.
SEC. 3. DEFINITIONS.
Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is
amended by adding at the end the following:
```Bona fide inventory repurchase agreement' means a program by
which a plan or operation--
``(1) promises to repurchase, on commercially reasonable
terms, current and marketable inventory purchased and
maintained by a participant for use, consumption, or resale,
upon request at the termination of the participant's business
relationship with the plan or operation; and
``(2) clearly communicates such terms in its recruiting
literature, sales manual, or contracts with participants,
including the manner in which the repurchase is to be exercised
and disclosure of any inventory not eligible for repurchase
under the program.
```Commercially reasonable' means, with respect to the terms of
repurchase by a plan or operation of current and marketable inventory
from a participant, that the inventory is repurchased not later than 12
months after the date of purchase at not less than 90 percent of the
original net cost to the participant, less appropriate set-offs and
legal claims, if any.
```Compensation' means the payment of any money, thing of value, or
financial benefit.
```Consideration'--
``(1) means the payment of money or another thing of value
or the purchase of a product, good, service, or intangible
property; and
``(2) does not include--
``(A) the purchase of a product or service
furnished at cost to be used in making a sale and not
for resale; or
``(B) any time and effort spent in pursuit of sales
or recruiting activities.
```Current and marketable'--
``(1) means, with respect to inventory, that the
inventory--
``(A) in the case of consumable or durable goods,
is unopened, unused, and within its commercially
reasonable use or shelf-life period; and
``(B) in the case of services and intangible
property, including internet sites, represents the
unexpired portion of any contract or agreement; and
``(2) does not include inventory that has been clearly
described by a plan or operation to a participant prior to
purchase as discounted, seasonal, a special promotion item, or
not subject to the plan or operation's inventory repurchase
program.
```Inventory' means both goods and services, including company-
produced promotional material, sales aids, and sales kits that a plan
or operation requires participants to purchase.
```Inventory loading' means a practice in which a plan or operation
requires or encourages its participants to purchase inventory in an
amount exceeding that which the participant can reasonably expect to
use, consume, or resell to ultimate users, and that is not subject to a
bona fide repurchase agreement.
```Participant' means a person who joins a plan or operation.
```Pyramid promotional scheme' means any plan or operation in which
individuals pay consideration for the right to receive compensation
that is based upon recruiting other individuals into the plan or
operation rather than primarily related to the sale of products or
services to ultimate users.
```Ultimate user' means, with respect to a product or service sold
by a plan or operation, an individual who consumes or uses the product
or service, whether or not the individual is a participant in the plan
or operation.''.
SEC. 4. LIMITATIONS.
(a) Other Violations of Federal Law.--Nothing in this Act or the
amendments made by this Act shall be construed to limit the authority
of any Federal official from proceeding against pyramid promotional
schemes (as defined in section 4 of the Federal Trade Commission Act
(15 U.S.C. 44)) for other violations of Federal law, including the
Federal Trade Commission Act.
(b) State Law.--Nothing in this Act or the amendments made by this
Act prohibits an authorized State official from proceeding in a State
court of competent jurisdiction on the basis of an alleged violation of
any civil or criminal statute of such State. | Anti-Pyramid Scheme Act of 2017 This bill amends the Federal Trade Commission Act to make it unlawful for any person to establish, operate, or promote a pyramid promotional scheme. "Pyramid promotional scheme" means any plan or operation in which individuals pay consideration for the right to receive compensation that is based upon recruiting other individuals into the plan or operation rather than primarily related to the sale of products or services to ultimate users. Furthermore, any person who establishes, operates, or promotes any plan or operation which sells or solicits the sale of consumer products or services in the home or otherwise outside of a permanent retail establishment, and which sells products or services to independent salespeople, shall have a bona fide inventory repurchase agreement. A violation of the bill shall be treated under the Act as an unfair or deceptive act or practice in, or affecting, commerce. | {"src": "billsum_train", "title": "Anti-Pyramid Promotional Scheme Act of 2017"} | 1,280 | 213 | 0.643739 | 2.049204 | 0.909251 | 6.565217 | 7.279503 | 0.950311 |
SECTION 1. NATIONAL ESTUARY POLLUTION PREVENTION.
Section 320 of the Federal Water Pollution Control Act (33 U.S.C.
1330) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Pollution Prevention Demonstration Program.--
``(1) Establishment.--The Administrator, in coordination
with the Director of the National Institute of Standards and
Technology and appropriate officials of those States which have
any portion of an estuary for which a conservation and
management plan has been approved under this section located in
their boundaries, shall establish a multimedia national estuary
pollution prevention demonstration program to increase the use
of modernizing industrial source reduction practices (as
defined in section 6603(5) of the Pollution Prevention Act of
1990 (42 U.S.C. 13102(5)) through demonstrations in such
estuaries.
``(2) Registry of technologies.--The Administrator, in
consultation with the appropriate officials of State technical
assistance offices and the Director of the National Institute
of Standards and Technology, shall maintain a registry of
modernizing toxic use and waste reduction technologies
requiring demonstration.
``(3) Participation.--Any person with a permit issued under
section 402 to discharge into an estuary for which a
conservation and management plan has been approved under this
section may participate in the demonstration program through--
``(A) the institution of a source reduction
practice from the registry developed under paragraph
(2) if the conservation and management plan identified
the source to be reduced as a problem; or
``(B) the institution of any other innovative
source reduction practice that the Administrator
determines--
``(i) has the potential to significantly
reduce pollutant discharges to water and other
environmental media without significantly
increasing pollutant discharges to any
environmental medium; and
``(ii) should be demonstrated.
``(4) Requirements.--Any participant in the demonstration
program--
``(A) shall be exempt from the requirement under
section 308 to pay a fee for the development of revised
effluent guidelines; and
``(B) may be granted an additional year to comply
with any new or revised effluent standards issued under
section 301(b) of this Act if, in the judgment of the
Administrator, the extension is necessary and
appropriate.
``(5) Pollution prevention extension service.--The
Administrator, in cooperation with the Director of the National
Institute of Standards and Technology and appropriate officials
of State technical assistance offices, shall establish a
pollution prevention extension service to provide an active
outreach effort to advise, inform, and encourage pollution
prevention by industrial discharges to estuaries for which
conservation and management plans have been approved under this
section.
``(6) Pollution prevention clearinghouse.--
``(A) Establishment.--The Administrator shall
establish a national estuary pollution prevention
clearinghouse.
``(B) Use.--The clearinghouse shall utilize the
results of--
``(i) research from the Environmental
Protection Agency Risk Reduction Engineering
Laboratory; and
``(ii) demonstrations conducted pursuant to
this subsection;
to provide information to municipal and industrial
dischargers and sources of nonpoint pollution within
the estuaries referred to in subsection (a)(2)(B) on
source reduction methods, measures, techniques, and
technologies.
``(7) Pollution prevention for cities program.--
``(A) Application for technical assistance.--A
municipality located within the watershed of an estuary
for which a conservation and management plan has been
approved under this section may apply for technical and
financial assistance from the Administrator for the
purposes of--
``(i) implementing source reduction of
toxic pollutants in urban runoff, wastewater,
and stormwater and to address any problem
resulting from failure of an underground septic
system; or
``(ii) studying the impacts of separating
combined sanitary/stormwater systems in
municipalities which have combined systems.
``(B) Eligibility.--To be eligible for assistance
under this paragraph, a municipality shall apply to the
Administrator with a statement--
``(i) stating pollutant reduction goals;
and
``(ii) documenting stakeholder interest in
implementing voluntary pollutant reduction
measures.
``(C) Assistance.--The Administrator shall, for
each municipality with an approved application
statement--
``(i) provide technical assistance in the
development of a municipal source reduction
action plan; and
``(ii) authorize the expenditure of State
revolving fund moneys pursuant to title VI for
the implementation of an approved source
reduction plan.''.
SEC. 2. FUNDING FROM STATE REVOLVING LOAN FUND PROGRAM.
Sections 601(a) and 603(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1381(a) and 1383(c)) are each amended--
(1) by striking ``and'' at the end of clause (2); and
(2) by inserting before the period at the end of the first
sentence the following: ``, and (4) notwithstanding section
602(b)(5) of this Act, for carrying out activities relating to
estuaries under section 320(k), including implementing a source
reduction action plan that has been approved by the
Administrator pursuant to section 320(k)(7)''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended--
(1) by striking ``sums'';
(2) by striking ``and'' at the end of paragraph (4);
(3) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) such sums as may be necessary for each fiscal year
beginning after September 30, 1994.''. | Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to establish a multimedia national estuary pollution prevention demonstration program to increase the use of modernizing industrial source reduction practices through demonstrations in estuaries. Requires the Administrator to maintain a registry of modernizing toxic use and waste reduction technologies requiring demonstration.
Authorizes persons with permits to discharge into estuaries with approved conservation and management plans to participate in the demonstration program through the institution of: (1) a source reduction practice from the registry if the plan identified the source to be reduced as a problem; or (2) any other innovative source reduction practice subject to a specified determination by the Administrator.
Exempts demonstration program participants from fees for the development of revised effluent guidelines. Grants participants an additional year to comply with new or revised effluent standards as necessary and appropriate.
Directs the Administrator to establish: (1) a pollution prevention extension service to provide an outreach effort to encourage pollution prevention by industrial discharges to estuaries with approved conservation and management plans; and (2) a national estuary pollution prevention clearinghouse.
Permits municipalities located within the watershed of an estuary with an approved plan to apply for technical and financial assistance for: (1) implementing source reduction of toxic pollutants in urban runoff, wastewater, and stormwater and to address problems resulting from failures of underground septic systems; or (2) studying the impacts of separating combined sanitary/stormwater systems in municipalities which have combined systems. Sets forth assistance eligibility requirements.
Authorizes the use of State revolving loan funds for such assistance. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide for a national estuary pollution prevention demonstration program."} | 1,308 | 353 | 0.684259 | 1.904528 | 0.988778 | 3.640777 | 3.828479 | 0.89644 |
SECTION 1. EXTENDED BENEFITS TRIGGER.
(a) In General.--Section 203(d) of the Federal-State Extended
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is
amended--
(1) in subparagraph (B) of paragraph (1), by striking ``5
per centum'' and inserting ``4 per centum'', and
(2) in the first flush sentence following paragraph (2), by
striking ``5'' and inserting ``4''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to weeks of unemployment beginning 6 months or more after the
date of the enactment of this Act.
SEC. 2. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS
WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS.
(a) In General.--Section 904 of the Social Security Act (42 U.S.C.
1104) is amended by adding at the end the following new subsection:
``Increase and Decrease in Amount of Earnings Allocated to State
Accounts When States Meet or Fail to Meet Funding Goals
``(h)(1) If the average daily balance in a State account in the
Unemployment Trust Fund for any calendar quarter exceeds the funding
goal of such State, the amount otherwise creditable to such account
under subsection (e) for such quarter shall be increased by the
interest premium on such excess. If the average daily balance in such a
State account for any calendar quarter is less than the funding goal of
such State, the amount otherwise creditable to such account under
subsection (e) for such quarter shall be decreased by the interest
penalty.
``(2) Paragraph (1) shall not apply with respect to any interest
premium or interest penalty to the extent that such application would
result in an increase or decrease of more than $2,500,000 in the amount
creditable to any State account for any calendar quarter.
``(3) For purposes of this subsection, the term `interest premium'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the average daily balance in the State
account in the Unemployment Trust Fund over the funding goal of
such State, one-half of one percent of the amount of such
excess, and
``(B) with respect to each other State, the product of--
``(i) the amount of the excess of the average daily
balance in the State account in the Unemployment Trust
Fund over the funding goal of such State, and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of such excess,
bears to
``(II) the percentage value of the excess
of the State referred to in subparagraph (A).
The Secretary shall make appropriate adjustments in the interest
premium for any calendar quarter if the aggregate interest premiums
payable for such quarter exceed the aggregate interest penalties for
such quarter.
``(4) For purposes of this subsection, the term `interest penalty'
means, for any calendar quarter--
``(A) with respect to the State with the largest percentage
value of excess of the funding goal of such State over the
average daily balance in the State account in the Unemployment
Trust Fund, one-half of one percent of the amount otherwise
creditable to such account under subsection (e), and
``(B) with respect to each other State, the product of--
``(i) the amount otherwise creditable to such
account under subsection (e), and
``(ii) the percentage which bears the same ratio to
one-half of one percent as--
``(I) the percentage value of the excess of
the funding goal of the State over such average
daily balance of such State, bears to; or
``(II) the percentage value of such excess
of the State referred to in subparagraph (A).
``(5) For purposes of this subsection, the term `funding goal'
means, for any State for any calendar quarter, the average of the
unemployment insurance benefits paid by such State during each of the 3
years, in the 20-year period ending with the calendar year containing
such calendar quarter, during which the State paid the greatest amount
of unemployment benefits.
``(6) For purposes of this subsection, the term `percentage value'
means--
``(A) with respect to any excess of the average daily
balance in a State account in the Unemployment Trust Fund over
the funding goal of such State, the percentage which such
excess bears to such funding goal, and
``(B) with respect to any excess of such funding goal over
such average daily balance, the percentage which such excess
bears to such funding goal.''.
(b) Conforming Amendments.--
(1) Amounts credited to state accounts.--Subsection (e) of
section 904 of the Social Security Act (42 U.S.C. 1104(e)) is
amended in the first sentence by inserting ``(as modified by
subsection (h))'' after ``a proportionate part''.
(2) Interest rate on repayment of advances determined
without regard to interest premiums or penalties on amounts
credited to state accounts.--Subparagraph (A) of section
1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by
inserting ``(determined without regard to section 904(h))''
after ``preceding calendar year''.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of Labor shall submit to the
Congress a report recommending sources of funding for the crediting of
interest premiums under subsection (h) of section 904 of the Social
Security Act (42 U.S.C. 1104), as added by this section, in the event
that the imposition of interest penalties under such subsection is
insufficient to fund such premiums.
(d) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 1999.
SEC. 3. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST
FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS.
(a) In General.--Paragraph (2) of section 1202(b) of the Social
Security Act (42 U.S.C. 1322(b)) is amended by striking ``and'' at the
end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at the end the
following new subparagraph:
``(C) the average daily balance in the account of
such State in the Unemployment Trust Fund for each of 4
of the 5 calendar quarters preceding the calendar
quarter in which such advances were made exceeds the
funding goal of such State (as defined in section
904(h)).''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to calendar years beginning after the date of the enactment of
this Act.
SEC. 4. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX.
(a) In General.--Chapter 23 of the Internal Revenue Code of 1986
(relating to Federal Unemployment Tax Act) is amended by redesignating
section 3311 as section 3312 and by inserting after section 3310 the
following new section:
``SEC. 3311. STATE COLLECTION OF TAX.
``(a) In General.--At the election of any State which is certified
as provided in section 3304, each employer who pays contributions, with
respect to any wages, into an unemployment fund maintained under the
unemployment compensation law of such State shall submit the tax
imposed by this chapter with respect to such wages to such State rather
than to the Secretary.
``(b) Coordination With Depositary Requirements.--Payment under
subsection (a) of the tax imposed by this chapter with respect to any
wages shall be treated as timely paid for purposes of this title if
paid by the employer to the State at the same time as a timely paid
payment, with respect to such wages, of contributions into an
unemployment fund maintained under the unemployment compensation law of
such State.
``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall
not apply to any payment of the tax imposed by this chapter which is
not paid by an employer on or before the last date on which such
payment would be treated as timely paid under subsection (b).
``(d) Federal Tax Transferred to Secretary.--Each State making an
election under subsection (a) shall transmit to the Secretary, at the
time and in the manner prescribed by the Secretary, the amount of the
tax imposed by this chapter which is submitted to such State under
subsection (a) and a copy of the State tax return of each employer
making such a submission. The Secretary may, after consultation with
the Interstate Conference of Employment Security Administrators,
prescribe regulations requiring that additional information be
submitted by such State with respect to the amount of such tax payable
by such employer.''
(b) Clerical Amendment.--The table of sections for chapter 23 of
such Code is amended by striking the item relating to section 3311 and
inserting the following new items:
``Sec. 3311. State collection of tax.
``Sec. 3312. Short title.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1999.
SEC. 5. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS.
(a) In General.--Subsection (a) of section 3304 of the Internal
Revenue Code of 1986 (relating to approval of State laws) is amended by
striking ``and'' at the end of paragraph (18), by striking the period
at the end of paragraph (19) and inserting ``; and'', and by adding at
the end the following new paragraph:
``(20) the State will distribute to unemployed individuals
State-specific information packets explaining unemployment
insurance eligibility conditions.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to certifications of States for 2000, except that section
3304(a)(20) of such Code, as added by subsection (a), shall not be a
requirement for the State law of any State prior to July 1, 2001, if
the legislature of such State does not meet in a regular session which
closes during the calendar year 2000. | Amends the Social Security Act (SSA) to require increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals.
Amends SSA to restrict interest-free advances to State accounts in the Unemployment Trust Fund to States which meet funding goals.
Amends the Internal Revenue Code with respect to the Federal Unemployment Tax Act to allow certified States to elect to collect Federal unemployment taxes. Requires States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. | {"src": "billsum_train", "title": "To reform the Federal unemployment benefits system."} | 2,370 | 112 | 0.512821 | 1.177821 | 0.640635 | 4.326531 | 21.846939 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Use of Sanctions for
Killing Elephants and Rhinoceros Act of 2015''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) poaching of African elephants and rhinoceros has
increased dramatically since 2006, and has reached levels that
threaten the continued existence of many elephant and
rhinoceros populations;
(2) poaching of African elephants and rhinoceros is being
driven by increased demand for ivory and rhinoceros horn in
Asia, which has caused ivory and rhinoceros horn prices to rise
exponentially in recent years;
(3) high prices have drawn organized criminal elements into
the illegal trade of ivory and rhinoceros horn, and it is
widely recognized that transnational crime rings involved in
trafficking in drugs, guns, and humans are also responsible for
trafficking in large quantities of poached ivory and rhinoceros
horn from Africa to Asia;
(4) there is significant evidence that terrorist and
insurgent groups in Africa, including groups with ties to Al
Qaeda, are financing their operations through the sale of
illegal ivory and rhinoceros horn;
(5) the elephant and rhinoceros poaching crisis has become
so severe, and the tactics of poachers so sophisticated, that
traditional approaches to conservation law enforcement intended
to protect elephants and rhinoceros in their habitat in Africa
are failing;
(6) a number of countries that serve as major source,
transit, or destination points for illegal ivory and rhinoceros
horn have proven unable or unwilling to stop the product from
coming across their borders; and
(7) strategies to reduce demand for ivory and rhinoceros
horn through education and other nonbinding means are
necessary, but not sufficient, to conserve African elephant and
rhinoceros populations.
(b) Purpose.--The purpose of this Act is to provide a means by
which the United States can affect demand for and illegal trafficking
of African elephant ivory and rhinoceros horn in other countries by
requiring those countries to enter into consultations with the United
States to end the illegal ivory and rhinoceros horn trade, as a
condition of continued access to United States markets for other
natural resource products.
TITLE I--AMENDMENTS TO THE AFRICAN ELEPHANT CONSERVATION ACT
SEC. 101. ILLEGAL TRADE DEFINED.
Section 2305 of the African Elephant Conservation Act (16 U.S.C.
4244) is amended by redesignating paragraphs (5) through (13) as
paragraphs (6) through (14), respectively, and by inserting after
paragraph (4) the following:
``(5) Illegal trade.--The term `illegal trade' means any
sale, purchase, barter, transit, or exchange of raw ivory or
worked ivory that was taken, traded, imported, or exported in
violation of the laws of an ivory-producing country, or of
international wildlife trade agreements, including CITES.''.
SEC. 102. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT CONSERVATION ACT.
Section 2003 of the African Elephant Conservation Act (16 U.S.C.
4202) is amended by adding at the end the following:
``(10) Poaching and trafficking of wildlife has become a
global crisis, funding organized criminal syndicates and
terrorist organizations and harming elephant populations and
local communities. African elephant ivory is at the center of
this crisis, and immediate action is necessary to eliminate the
demand for ivory and the profit incentive for poachers and
traffickers.''.
SEC. 103. STATEMENT OF POLICY.
Section 2004 of the African Elephant Conservation Act (16 U.S.C.
4203) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (2) and
by inserting ``; and''; and
(3) by adding at the end the following:
``(3) to prevent additional African elephant ivory from
entering global commerce, and to reduce demand for ivory that
is driving elephant poaching by limiting natural resources-
related trade with countries whose nationals are engaged in
illegal ivory trade.''.
SEC. 104. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 2202 of the African Elephant Conservation Act (16 U.S.C.
4222) is amended by adding at the end the following:
``(g) Certification.--If the CITES Standing Committee identifies
any country as a country of primary concern because it is a significant
source or transit or destination point for illegal trade of ivory, the
Secretary shall issue a certification with respect to that country
under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1978(a)).''.
SEC. 105. CONSULTATION AND SANCTION.
(a) In General.--Part II of the African Elephant Conservation Act
(16 U.S.C. 4221 et seq.) is amended by adding at the end the following:
``SEC. 2206. CONSULTATION AND SANCTION.
``(a) Consultation.--Not later than 30 days after a certification
with respect to a country under section 2202(g), the President, acting
through the Secretary of the Interior, shall seek to enter into
consultations with the government of the country for the purpose of
obtaining an agreement under which the country will immediately and
significantly reduce, and will commit to terminating, all illegal trade
of ivory into, out of, or within that country.
``(b) Prohibition on Trade in Related Natural Resources.--
``(1) In general.--If consultations with a government under
subsection (a) are not satisfactorily concluded within 90 days
or if a government refuses to enter into consultations, the
President shall direct the Secretary to prohibit the
importation into the United States of products of wildlife,
fish, and plants from that country until the earlier of--
``(A) the date an agreement with the country under
subsection (a) is finalized; or
``(B) the date the Secretary finds that the country
is no longer a significant source or transit or
destination point for illegal ivory trade.
``(2) Public notice.--The Secretary shall publish public
notice of any prohibition under this subsection not later than
30 days before the effective date of the prohibition.
``(c) Determination of Effectiveness of Sanctions.--Not later than
180 days after the effective date of a prohibition under subsection
(b), the Secretary shall determine and report to Congress whether--
``(1) the prohibition is sufficient to cause the country to
immediately and significantly reduce, and commit to
terminating, illegal trade of ivory into, out of, or within
that country; and
``(2) that country has retaliated against the United States
as a result of that prohibition.''.
(b) Countries Identified Before Enactment.--
(1) Application of prohibition.--Section 2206(b) of the
African Elephant Conservation Act, as amended by this section,
shall apply to a country that before the date of the enactment
of this Act was identified by the CITES Standing Committee as a
country of primary concern because it is a significant source
or transit or destination point for illegal trade of ivory, if
the CITES Standing Committee has not rescinded such
identification by that date of enactment.
(2) Consultation.--The President, acting through the
Secretary of the Interior, shall seek to enter into
consultations under section 2206(a) of the African Elephant
Conservation Act, as amended by this section, with a country
described in paragraph (1) of this subsection by not later than
30 days after the date of the enactment of this Act.
TITLE II--AMENDMENTS TO THE RHINOCEROS AND TIGER CONSERVATION ACT
SEC. 201. AMENDMENT TO FINDINGS.
Section 2 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5301) is amended by adding at the end the following:
``(11) Poaching and trafficking of wildlife has become a
global crisis, funding organized criminal syndicates and
terrorist organizations and harming rhinoceros populations and
local communities. Rhinoceros horn is at the center of this
crisis, and immediate action is necessary to eliminate the
demand for rhinoceros horn and the profit incentive for
poachers and traffickers.''.
SEC. 202. AMENDMENT TO PURPOSES.
Section 3 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5302) is amended by adding at the end the following:
``(4) To provide a means by which the United States can
affect demand for and illegal trafficking of rhinoceros horn in
other countries by requiring those countries to enter into
consultations with the United States to end the illegal trade
in rhinoceros horn, as a condition of continued access to
United States markets for other natural resource products.''.
SEC. 203. ILLEGAL TRADE DEFINED.
Section 4 of the Rhinoceros and Tiger Conservation Act (16 U.S.C.
5303) is amended by adding at the end the following:
``(7) Illegal trade.--The term `illegal trade' means any
sale, purchase, barter, transit, or exchange of raw rhinoceros
horn or worked rhinoceros horn that was taken in violation of
the laws of a country within the range of the black rhinoceros
or white rhinoceros, or of international wildlife trade
agreements, including CITES.''.
SEC. 204. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.
(a) In General.--The Rhinoceros and Tiger Conservation Act is
amended by redesignating sections 8, 9, and 10 (16 U.S.C. 5305b, 5305c,
and 5306) as sections 9, 10, and 11, respectively, and inserting after
section 7 (16 U.S.C. 5305a) the following:
``SEC. 8. CERTIFICATION, CONSULTATION, AND SANCTION.
``(a) Certification.--If the CITES Standing Committee identifies
any country as a country of primary concern because it is a significant
source or transit or destination point for illegal trade of rhinoceros
horn, the Secretary shall issue a certification with respect to that
country under section 8(a) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1978(a)).
``(b) Consultation.--Not later than 30 days after issuance of a
certification with respect to the country under subsection (a), the
President, acting through the Secretary of the Interior, shall seek to
enter into consultations with the government of the country for the
purpose of obtaining an agreement under which the country will
immediately and significantly reduce, and will commit to terminating,
all illegal trade of rhinoceros horn into, out of, or within that
country.
``(c) Prohibition on Trade in Related Natural Resources.--
``(1) In general.--If consultations with a government under
subsection (b) are not satisfactorily concluded within 90 days
or if a government refuses to enter into such consultations,
the President shall direct the Secretary to prohibit the
importation into the United States of products of wildlife,
fish, and plants from that country until the earlier of--
``(A) the date an agreement with the country under
subsection (b) is finalized; or
``(B) the date the Secretary finds that the country
is no longer a significant source or transit or
destination point for illegal trade of rhinoceros horn.
``(2) Public notice.--The Secretary shall publish public
notice of any prohibition under this subsection not later than
30 days before the effective date of the prohibition.
``(d) Determination of Effectiveness of Sanctions.--Not later than
180 days after the effective date of a prohibition under subsection
(c), the Secretary shall determine and report to Congress whether--
``(1) the prohibition is sufficient to cause the country to
immediately and significantly reduce, and commit to
terminating, illegal trade of rhinoceros horn into, out of, or
within that country; and
``(2) that country has retaliated against the United States
as a result of that prohibition.''.
(b) Countries Identified Before Enactment.--
(1) Application of prohibition.--Section 8(c) of the
Rhinoceros and Tiger Conservation Act, as amended by this
section, shall apply to a country that before the date of the
enactment of this Act was identified by the CITES Standing
Committee as a country of primary concern because it is a
significant source or transit or destination point for illegal
trade of rhinoceros horn, if the CITES Standing Committee has
not rescinded such identification by that date of enactment.
(2) Consultation.--The President, acting through the
Secretary of the Interior, shall seek to enter into
consultations under 8(c) of the Rhinoceros and Tiger
Conservation Act, as amended by this section, with a country
described in paragraph (1) of this subsection by not later than
30 days after the date of the enactment of this Act. | Targeted Use of Sanctions for Killing Elephants and Rhinoceros Act of 2015 This bill amends the African Elephant Conservation Act to make it a policy to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources-related trade with countries whose nationals are engaged in illegal ivory trade. The Department of Commerce shall issue a certification under the Fishermen's Protective Act of 1967 authorizing the President to prohibit the importation of any products from any country identified by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Standing Committee as a significant source or transit or destination point for illegal ivory trade. The President, acting through the Department of the Interior, shall enter into consultations with the offending country, within 30 days after receiving a certification, to obtain an agreement under which the country will immediately and significantly reduce, and will commit to terminating, all illegal ivory trade into, out of, or within that country. If such consultations are not concluded within 90 days or if the country refuses to enter into consultations, the President shall direct the Department of Commerce to prohibit the importation into the United States of wildlife, fish, and plant products from that country until the earlier of: the finalizing of the agreement, or the Department finds that the country is no longer a significant source or transit or destination point for illegal ivory trade. Directs the Secretary, within 180 days after the prohibition, to determine whether: the prohibition is sufficient to cause the offending country to immediately and significantly reduce, and commit to terminating, illegal ivory trade, and that country has retaliated against the United States as a result of that prohibition. The bill also amends the Rhinoceros and Tiger Conservation Act to make the same requirements for U.S. action against the illegal trade in rhinoceros horn. | {"src": "billsum_train", "title": "Targeted Use of Sanctions for Killing Elephants and Rhinoceros Act of 2015"} | 2,974 | 413 | 0.594274 | 1.889908 | 0.722827 | 4.867606 | 7.242254 | 0.907042 |
SECTION 1. INDIAN EDUCATION ASSISTANCE TRUST FUNDS.
(a) Establishment.--
(1) Arizona fund.--
(A) In general.--There is established in the
Treasury of the United States a fund to be known as the
Interim Arizona InterTribal Education Assistance Trust
Fund subject to the same conditions as described for
the Arizona InterTribal Trust Fund in subsections (c)
and (d) of section 405 of the Arizona-Idaho
Conservation Act of 1988, Public Law 100-696
(hereinafter ``the Act'').
(B) Amounts in fund.--The fund established in
subparagraph (A) shall consist of such amounts as are
appropriated and allocated to the fund pursuant to
subsection (b).
(2) Navajo fund.--
(A) In general.--There is established in the
Treasury of the United States a fund to be known as the
Interim Navajo Education Assistance Trust Fund subject
to the same conditions as described for the Navajo
Trust Fund in subsections (c) and (d) of section 405 of
the Act.
(B) Amounts in fund.--The fund established in
subparagraph (A) shall consist of such amounts as are
appropriated and allocated to the fund pursuant to
subsection (b).
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated an
aggregate of $34,900,000 to the funds established in subsection
(a) to be allocated in accordance with paragraph (2). In no
case shall moneys appropriated pursuant to this authorization
diminish or otherwise reduce any Indian account.
(2) Allocation.--
(A) Arizona fund.--Sums appropriated pursuant to
paragraph (1) shall be allocated to the fund
established in subsection (a)(1) in the same manner as
sums are allocated to the Arizona InterTribal Trust
Fund pursuant to section 405 of the Act.
(B) Navajo fund.--Sums appropriated pursuant to
paragraph (1) shall be allocated to the fund
established in subsection (a)(2) in the same manner as
sums are allocated to the Navajo Trust Fund pursuant to
section 405 of such Act.
(c) Reimbursement.--
(1) In general.--
(A) Full appropriation.--Notwithstanding title IV
of such Act, if the full amount specified in subsection
(b)(1) is appropriated and allocated in accordance with
subsection (b) prior to the date on which the first
annual payment is required to be made by Collier to the
Arizona InterTribal Trust Fund and the Navajo Trust
Fund under title IV of such Act, and the Trust Fund
Payment Agreement required under section 403 of such
Act, the Secretary of the Interior shall direct Collier
to pay to the Secretary of the Treasury for deposit
into the general fund of the Treasury any amounts
otherwise due and payable to the United States under
the Trust Fund Payment Agreement, in lieu of and in
full satisfaction of payment to the United States by
Collier for deposit into the Arizona InterTribal Trust
Fund and the Navajo Trust Fund pursuant to title IV of
such Act and such Trust Fund Payment Agreement.
(B) Partial appropriation.--Notwithstanding title
IV of such Act, if less than the amount specified in
subsection (b)(1) is appropriated and allocated in
accordance with subsection (b) prior to the date
described in subparagraph (A), at such time as Collier
is required to make any payment under the Trust Fund
Payment Agreement described under subparagraph (A), the
Secretary of the Interior shall direct Collier to pay,
in full satisfaction and in lieu of such payment--
(i) to the Secretary of the Treasury for
deposit into the general fund of the Treasury,
an amount which bears the same proportion to
the total amount of such payment as the total
of the sums appropriated pursuant to subsection
(b) bears to $34,900,000, and
(ii) to the Secretary of the Interior for
deposit into the Arizona InterTribal Trust Fund
and Navajo Trust Fund, in accordance with
section 405 of the Act, the remainder of each
such payment.
(2) Definition.--As used in this subsection, the term
``Collier'' has the meaning provided under section 401(5) of
such Act.
(d) Termination.--
(1) In general.--The funds established in subsection (a)
shall terminate on the date of the first Collier payment
described in subsection (c)(1)(A).
(2) Transfer of remaining sums.--Upon termination under
paragraph (1)--
(A) The Secretary of the Treasury shall transfer
any sums remaining in the fund established in
subsection (a)(1) to the Arizona InterTribal Trust Fund
established under section 405(a) of such Act; and
(B) The Secretary of the Treasury shall transfer
any sums remaining in the fund established in
subsection (a)(2) to the Navajo Trust Fund established
under section 405(a) of such Act.
(e) No funds appropriated under this Act shall be available to the
InterTribal Council in Arizona (ITCA) and Navajo Tribe (as defined in
section 401 of the Act) or be deposited into the Interim Trust Funds
established by section 1 of this Act unless the ITCA and Navajo Tribe
provide written consent to the method of payment established in this
Act in lieu of the method of payment provided in the Act and the Trust
Fund Payment Agreement authorized by the Act. | Establishes in the Treasury the Interim Arizona InterTribal Education Assistance Trust Fund and the Interim Navajo Education Assistance Trust Fund (interim education funds). Subjects such funds to the same conditions as those for the Arizona InterTribal Trust Fund and the Navajo Trust Fund (permanent funds) under the Arizona-Idaho Conservation Act of 1988.
Authorizes appropriations. Requires reimbursement of such sums to the Treasury by the Barron Collier Co. in fulfillment of its obligations under such Act. | {"src": "billsum_train", "title": "To provide Indian education assistance to carry out the purposes of title IV of the Arizona-Idaho Conservation Act of 1988, Public Law 100-696, to provide for reimbursement to the Treasury by certain private parties, and for other purposes."} | 1,200 | 118 | 0.580217 | 1.656191 | 0.549744 | 2.784091 | 12.125 | 0.829545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beneficiary Enrollment Notification
and Eligibility Simplification Act of 2016'' or the ``BENES Act of
2016''.
SEC. 2. ELIGIBILITY AND ENROLLMENT NOTIFICATION.
(a) Notification Requirements.--Section 1804 of the Social Security
Act (42 U.S.C. 1395b-2) is amended by adding at the end the following
new subsection:
``(d) Eligibility Information.--
``(1) Coordination of notice.--The Secretary, in
consultation with representatives of each of the groups
described in paragraph (2)(A), and in coordination with the
Commissioner of Social Security and the Secretary of the
Treasury, shall prepare and distribute a notice, in accordance
with this subsection, to potentially eligible Medicare
individuals.
``(2) Groups for consultation.--
``(A) In general.--For purposes of paragraph (1),
the groups described in this subparagraph include the
following:
``(i) Individuals who are more than 60
years of age.
``(ii) Individuals with disabilities.
``(iii) Individuals with end stage renal
disease.
``(iv) Low-income individuals and families.
``(v) Employers (including human resources
professionals).
``(vi) States (including representatives of
State-run Health Insurance Exchanges, Medicaid
offices, and Departments of Insurance).
``(vii) State Health Insurance Assistance
Programs.
``(viii) Health insurers.
``(ix) Such other groups as specified by
the Secretary.
``(B) Non-application of faca.--The Federal
Advisory Committee Act shall not apply to consultations
made pursuant to paragraph (1) with groups described in
subparagraph (A).
``(3) Contents of notice.--The notice required under
paragraph (1) shall contain information on (including a clear,
simple explanation of)--
``(A)(i) eligibility for benefits under this title,
and in particular benefits under part B;
``(ii) the possibility of a late enrollment penalty
for failure to timely enroll (including the
availability of equitable relief); and
``(iii) how to access the Website described in
paragraph (5); and
``(B) the need for coordination of benefits under
part B (including secondary and primary coverage
scenarios) imposed under this title, including the
effects of enrollment in retiree health coverage; group
health coverage; coverage under a group health plan
provided by an employer pursuant to title XXII of the
Public Health Service Act, section 4980B of the
Internal Revenue Code of 1986, or title VI of the
Employee Retirement Income Security Act of 1974;
coverage under a qualified health plan offered through
an Exchange established under title I of the Patient
Protection and Affordable Care Act; and other widely
available coverage which may be available to
potentially eligible Medicare individuals.
``(4) Timing of notice to potential enrollees.--Beginning
one year after the date of the enactment of this subsection, a
notice required under paragraph (1) shall be mailed (or,
starting after 2025, mailed or otherwise delivered) to each
potentially eligible Medicare individual no less than two times
in accordance with the following:
``(A) The notice shall be initially provided to
such individual no later than 6 months prior to the
date of such individual's initial enrollment period as
provided under section 1837.
``(B) The notice shall subsequently be provided to
such individual no later than one month prior to such
date.
``(5) Creation of a centralized enrollment website.--The
information contained in notices required under this subsection
shall be made available through a new Website to be maintained
by the Secretary. Such Website shall include both Social
Security and Medicare online tools in a coordinated and
organized manner, and shall also contain, or link to, such
other eligibility tools, services, notices (including with
respect to the availability of equitable relief), and other
information as determined by the Secretary, in consultation
with groups described in paragraph (2) for the purposes of
being available to potentially eligible Medicare individuals.
``(6) Interagency coordination.--Beginning not later than 2
months after the date of the enactment of this subsection, the
Secretary, along with the Secretary of the Treasury and the
Commissioner of the Social Security Administration, shall
undertake all necessary action and coordination to identify
potentially eligible individuals and in order to provide such
individuals with notifications under this subsection in
accordance with paragraph (4).
``(7) Notification improvement.--The Secretary shall, no
less than once every fiscal year, review the content of the
notices required under this subsection and the practices of
providing such notices to individuals, and shall update and
revise such notices and practices as the Secretary deems
appropriate.
``(8) Potentially eligible medicare individual defined.--
For purposes of this subsection, the term `potentially eligible
Medicare individual' means an individual, with respect to a
month, who is expected to satisfy the description in paragraph
(1) or (2) of section 1836 during such month or during any of
the subsequent 11 months.''.
(b) Disclosure Authority.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information to carry out
eligibility notification requirements for certain programs.--
``(A) In general.--The Secretary, upon request from
the Secretary of Health and Human Services, shall
disclose to officers, employees, and contractors of the
Department of Health and Human Services and the Social
Security Administration return information of any
taxpayer who is a potentially eligible Medicare
individual (as defined in section 1804(d)(8) of the
Social Security Act). Such return information shall be
limited to--
``(i) taxpayer identity information with
respect to such taxpayer, including the age and
address or other location of such taxpayer;
``(ii) the filing status of such taxpayer;
``(iii) such other information as is
prescribed by the Secretary of Health and Human
Services by regulation as might indicate
whether the taxpayer is eligible for coverage
under such title; and
``(iv) the taxable year with respect to
which the preceding information relates or, if
applicable, the fact that such information is
not available.
``(B) Restriction on use of disclosed
information.--Return information disclosed under
subparagraph (A) may be used by officers, employees,
and contractors of the Department of Health and Human
Services or the Social Security Administration only for
the purposes of, and to the extent necessary in,
establishing potential eligibility for benefits under
title XVIII of the Social Security Act.''.
(c) Computer Matching Agreement.--Not later than 6 months after the
date of the enactment of this Act, the Secretary of Health and Human
Services, the Secretary of the Treasury, and the Commissioner of Social
Security shall enter into a computer matching agreement pursuant to
section 552a(o) of title 5 of the United States Code for the purposes
of implementing section 1804(d) of the Social Security Act, as added by
subsection (a), and section 6103(l)(23) of the Internal Revenue Code of
1986, as added by subsection (b).
(d) Report to Congress.--Not later than 4 years after the date of
the enactment of this Act, the Secretary of Health and Human Services,
Secretary of the Treasury, and the Commissioner of Social Security
shall submit to Congress a report on the process taken by the relevant
agencies in implementing the notice requirement under subsection (d) of
section 1804 of the Social Security Act (42 U.S.C. 1395b-2), as added
by subsection (a) of this section, the status of notices created
pursuant to such section, and an evaluation of the effect of such
notices on enrollment under title XVIII of the Social Security Act.
Such report shall be made publicly available.
SEC. 3. BENEFICIARY MEDICARE PART B ENROLLMENT PERIODS AND EFFECTIVE
DATE OF COVERAGE.
(a) Effective Dates.--Section 1838(a) of the Social Security Act
(42 U.S.C. 1395q(a)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2)(A) in the case of an individual who enrolls pursuant
to subsection (d) of section 1837 before the month in which he
first satisfies paragraph (1) or (2) of section 1836, the first
day of such month;
``(B) in the case of an individual not described in
subparagraph (A) who first satisfies such paragraph in a month
beginning before January 2018 and who enrolls--
``(i) pursuant to such subsection (d) in such month
in which he first satisfies such paragraph, the first
day of the month following the month in which he so
enrolls, or
``(ii) pursuant to such subsection (d) in the month
following such month in which he first satisfies such
paragraph, the first day of the second month following
the month in which he so enrolls, or
``(iii) pursuant to such subsection (d) more than
one month following such month in which he satisfies
such paragraph, the first day of the third month
following the month in which he so enrolls;
``(C) in the case of an individual not described in
subparagraph (A) who enrolls pursuant to subsection (e) of
section 1837 in a month beginning before January 2018, the July
1 following the month in which he so enrolls;
``(D) in the case of an individual not described in
subparagraph (A) who first satisfies such paragraph in a month
beginning on or after January 1, 2018, and who enrolls pursuant
to such subsection (d) in such month in which he first
satisfies such paragraph or in any subsequent month, the first
day of the month following the month in which he so enrolls; or
``(E) in the case of an individual not described in
subparagraph (A) who enrolls pursuant to subsection (e) of
section 1837 in a month beginning on or after October 15, 2017,
the first day of the month following the month in which he so
enrolls.''; and
(2) by amending paragraph (3) to read as follows:
``(3)(A) in the case of an individual who is deemed to have
enrolled on or before the last day of the third month of his
initial enrollment period beginning before January 1, 2018, the
first day of the month in which he first meets the applicable
requirements of section 1836 or July 1, 1973, whichever is
later, or
``(B) in the case of an individual who is deemed to have
enrolled on or after the first day of the fourth month of his
initial enrollment period beginning before January 1, 2018, as
prescribed under subparagraphs (B)(i), (B)(ii), (B)(iii), and
(C) of paragraph (2) of this subsection.''.
(b) General and Special Enrollment Periods.--Section 1837(e) of the
Social Security Act (42 U.S.C. 1395p(e)) is amended to read as follows:
``(e) Enrollment Periods.--
``(1) For coverage during years before 2018.--There shall
be a general enrollment period during the period beginning on
January 1 and ending on March 31 of each year before 2018.
``(2) For coverage during years beginning with 2018.--For
2018 and each subsequent year:
``(A) In general.--Subject to subparagraph (B),
there shall be a general enrollment period beginning on
October 15 of the previous year through December 31 of
such previous year.
``(B) Exceptional circumstances.--The Secretary
shall establish special enrollment periods in the case
of a potentially eligible Medicare individual (as
defined in section 1804(d)(8)) who meet such
exceptional conditions as the Secretary may provide.''.
(c) Technical Correction.--Section 1839(b) of the Social Security
Act (42 U.S.C. 1395r(b)) is amended striking ``close of the enrollment
period'' each place it appears and inserting ``close of the month''.
SEC. 4. REVISING BENEFICIARY APPEAL RIGHTS FOR GOOD FAITH ENROLLMENT
MISTAKES.
(a) In General.--Subsection (h) of section 1837 of the Social
Security Act (42 U.S.C. 1395p) is amended to read as follows:
``(h)(1) In any case in which the Secretary finds that an
individual's enrollment or nonenrollment in the insurance program
established by this part or part A pursuant to section 1818 is
unintentional, inadvertent, or erroneous, whether the result of the
error, misrepresentation, or inaction of an officer, employee, or agent
of the Federal Government or its instrumentalities, an employer, a
representative of a group health plan, a State, or for any other good
faith reason on the part of such individual, the Secretary shall take
such action (including the designation for such individual of a special
initial or subsequent enrollment period, including retroactive
enrollment, with a coverage period determined on the basis thereof and
with appropriate adjustments of premiums) as may be necessary to
correct or eliminate the effects of such error, misrepresentation, or
inaction. The failure of an individual to enroll in the insurance
program established by this part or part A pursuant to section 1818 due
to enrollment under a group health plan; coverage pursuant to title
XXII of the Public Health Service Act, section 4980B of the Internal
Revenue Code of 1986, title VI of the Employee Retirement Income
Security Act of 1974, or title XIX; or enrollment under a qualified
health plan offered through an Exchange established under title I of
the Patient Protection and Affordable Care Act shall under this
subsection absent exceptional circumstances, as determined by the
Secretary.
``(2) The Secretary, in consultation with the Commissioner of
Social Security, shall develop and publish a formal application for
requesting an action of the Secretary under paragraph (1) to correct or
eliminate the effects of an error, misrepresentation, or inaction
described in such paragraph and determine and publish specific
timelines for timely resolution of such a request.
``(3) The Secretary shall also require that all such determinations
with respect to such requests shall be reached within 15 business days
of the submission of such application. All determinations shall be in
writing through a standard decision notice which shall include an
explanation of the reasons for the determination.
``(4)(A) The Commissioner of Social Security shall enter into
contracts with independent review organizations in accordance with this
subsection for the purpose of reviewing and determining individual
appeals of determinations under paragraph (3) with respect to an
application submitted pursuant to paragraph (2) relating to enrollment
under part A or part B.
``(B) An individual who receives an adverse determination under
paragraph (3) with respect to an application submitted pursuant to
paragraph (2) may appeal to an independent review organization
designated by the Commission. Any such appeal must be sent to the
independent review organization within 90 days of the date the
individual received the determination to be eligible for review. The
independent review organization shall review and reach a determination
of the review in writing within 45 days of the receipt of any such
appeal.
``(C) The Secretary of the Treasury may not enter into a contract
under subparagraph (A) with an independent review organization--
``(i) unless the organization has staff that has the
appropriate knowledge of, and experience with, the eligibility
and coordination of benefits rules and regulations under this
title; and
``(ii) to the extent the organization is a fiscal
intermediary under section 1816, a carrier under section 1842,
or a Medicare administrative contractor under section 1874A.
``(D) The Secretary of Health and Human Services shall provide for
access by independent review organizations conducting appeal
determinations under this subsection, to the database of the
Coordination of Benefits Contractor of the Centers for Medicare &
Medicaid Services as necessary in order to conduct the duties of such
organizations to determine appeals pursuant to this subsection.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect beginning on the date that is 6 months after the date of
the enactment of this Act. | Beneficiary Enrollment Notification and Eligibility Simplification Act of 2016 or the BENES Act of 2016 This bill amends title XVIII (Medicare) of the Social Security Act and the Internal Revenue Code to: establish requirements for the Centers for Medicare & Medicaid Services (CMS) to notify individuals of their potential eligibility for Medicare; require the Internal Revenue Service to disclose to CMS specified taxpayer information for the purpose of establishing individuals' potential Medicare eligibility; restructure Medicare enrollment periods; and expand Medicare beneficiaries' rights to appeal certain enrollment errors. | {"src": "billsum_train", "title": "BENES Act of 2016"} | 3,620 | 120 | 0.523445 | 1.252342 | 0.550867 | 2.245098 | 33.04902 | 0.872549 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Information Privacy Act of
1999''.
SEC. 2. FINANCIAL INFORMATION PRIVACY.
The Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION
``SEC. 1001. SHORT TITLE; TABLE OF CONTENTS.
``(a) Short Title.--This title may be cited as the `Financial
Information Privacy Act of 1999'.
``(b) Table of Contents.--The table of contents for this title is
as follows:
``TITLE X--FINANCIAL INFORMATION PRIVACY PROTECTION
``Sec. 1001. Short title; table of contents.
``Sec. 1002. Definitions.
``Sec. 1003. Privacy protection for customer information of financial
institutions.
``Sec. 1004. Administrative enforcement.
``Sec. 1005. Civil liability.
``Sec. 1006. Criminal penalty.
``Sec. 1007. Relation to State laws.
``Sec. 1008. Agency guidance.
``SEC. 1002. DEFINITIONS.
``For purposes of this title, the following definitions shall
apply:
``(1) Customer.--The term `customer' means, with respect to
a financial institution, any person (or authorized
representative of a person) to whom the financial institution
provides a product or service, including that of acting as a
fiduciary.
``(2) Customer information of a financial institution.--The
term `customer information of a financial institution' means
any information maintained by a financial institution which is
derived from the relationship between the financial institution
and a customer of the financial institution and is identified
with the customer.
``(3) Document.--The term `document' means any information
in any form.
``(4) Financial institution.--
``(A) In general.--The term `financial institution'
means any institution engaged in the business of
providing financial services to customers who maintain
a credit, deposit, trust, or other financial account or relationship
with the institution.
``(B) Certain financial institutions specifically
included.--The term `financial institution' includes
any depository institution (as defined in section
19(b)(1)(A) of the Federal Reserve Act), any loan or
finance company, any credit card issuer or operator of
a credit card system, and any consumer reporting agency
that compiles and maintains files on consumers on a
nationwide basis (as defined in section 603(p)).
``(C) Further definition by regulation.--The Board
of Governors of the Federal Reserve System may
prescribe regulations further defining the term
`financial institution', in accordance with
subparagraph (A), for purposes of this title.
``SEC. 1003. PRIVACY PROTECTION FOR CUSTOMER INFORMATION OF FINANCIAL
INSTITUTIONS.
``(a) Prohibition on Obtaining Customer Information by False
Pretenses.--It shall be a violation of this title for any person to
obtain or attempt to obtain, or cause to be disclosed or attempt to
cause to be disclosed to any person, customer information of a
financial institution relating to another person--
``(1) by knowingly making a false, fictitious, or
fraudulent statement or representation to an officer, employee,
or agent of a financial institution with the intent to deceive
the officer, employee, or agent into relying on that statement
or representation for purposes of releasing the customer
information;
``(2) by knowingly making a false, fictitious, or
fraudulent statement or representation to a customer of a
financial institution with the intent to deceive the customer
into relying on that statement or representation for purposes
of releasing the customer information or authorizing the
release of such information; or
``(3) by knowingly providing any document to an officer,
employee, or agent of a financial institution, knowing that the
document is forged, counterfeit, lost, or stolen, was
fraudulently obtained, or contains a false, fictitious, or
fraudulent statement or representation, if the document is
provided with the intent to deceive the officer, employee, or
agent into relying on that document for purposes of releasing
the customer information.
``(b) Prohibition on Solicitation of a Person To Obtain Customer
Information From a Financial Institution Under False Pretenses.--It
shall be a violation of this title to request a person to obtain
customer information of a financial institution, knowing or consciously
avoiding knowing that the person will obtain, or attempt to obtain, the
information from the institution in any manner described in subsection
(a).
``(c) Nonapplicability to Law Enforcement Agencies.--No provision
of this section shall be construed so as to prevent any action by a law
enforcement agency, or any officer, employee, or agent of such
agency, to obtain customer information of a financial institution in
connection with the performance of the official duties of the agency.
``(d) Nonapplicability to Financial Institutions in Certain
Cases.--No provision of this section shall be construed to prevent any
financial institution, or any officer, employee, or agent of a
financial institution, from obtaining customer information of such
financial institution in the course of--
``(1) testing the security procedures or systems of such
institution for maintaining the confidentiality of customer
information;
``(2) investigating allegations of misconduct or negligence
on the part of any officer, employee, or agent of the financial
institution; or
``(3) recovering customer information of the financial
institution which was obtained or received by another person in
any manner described in subsection (a) or (b).
``(e) Nonapplicability to Certain Types of Customer Information of
Financial Institutions.--No provision of this section shall be
construed to prevent any person from obtaining customer information of
a financial institution that otherwise is available as a public record
filed pursuant to the securities laws (as defined in section 3(a)(47)
of the Securities Exchange Act of 1934).
``SEC. 1004. ADMINISTRATIVE ENFORCEMENT.
``(a) Enforcement by Federal Trade Commission.--Except as provided
in subsection (b), compliance with this title shall be enforced by the
Federal Trade Commission in the same manner and with the same power and
authority as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that title.
``(b) Enforcement by Other Agencies in Certain Cases.--
``(1) In general.--Compliance with this title shall be
enforced under--
``(A) section 8 of the Federal Deposit Insurance
Act, in the case of--
``(i) national banks, and Federal branches
and Federal agencies of foreign banks, by the
Office of the Comptroller of the Currency;
``(ii) member banks of the Federal Reserve
System (other than national banks), branches
and agencies of foreign banks (other than
Federal branches, Federal agencies, and insured
State branches of foreign banks), commercial
lending companies owned or controlled by
foreign banks, and organizations operating
under section 25 or 25A of the Federal Reserve
Act, by the Board;
``(iii) banks insured by the Federal
Deposit Insurance Corporation (other than
members of the Federal Reserve System and
national nonmember banks) and insured State
branches of foreign banks, by the Board of
Directors of the Federal Deposit Insurance
Corporation; and
``(iv) savings associations the deposits of
which are insured by the Federal Deposit
Insurance Corporation, by the Director of the
Office of Thrift Supervision; and
``(B) the Federal Credit Union Act, by the
Administrator of the National Credit Union
Administration with respect to any Federal credit
union.
``(2) Violations of this title treated as violations of
other laws.--For the purpose of the exercise by any agency
referred to in paragraph (1) of its powers under any Act
referred to in that paragraph, a violation of this title shall
be deemed to be a violation of a requirement imposed under that
Act. In addition to its powers under any provision of law
specifically referred to in paragraph (1), each of the agencies
referred to in that paragraph may exercise, for the purpose of
enforcing compliance with this title, any other authority
conferred on such agency by law.
``(c) State Action for Violations.--
``(1) Authority of states.--In addition to such other
remedies as are provided under State law, if the chief law
enforcement officer of a State, or an official or agency
designated by a State, has reason to believe that any person
has violated or is violating this title, the State--
``(A) may bring an action to enjoin such violation
in any appropriate United States district court or in
any other court of competent jurisdiction;
``(B) may bring an action on behalf of the
residents of the State to recover damages of not more
than $1,000 for each violation; and
``(C) in the case of any successful action under
subparagraph (A) or (B), shall be awarded the costs of
the action and reasonable attorney fees as determined
by the court.
``(2) Rights of federal regulators.--
``(A) Prior notice.--The State shall serve prior
written notice of any action under paragraph (1) upon
the Federal Trade Commission and, in the case of an
action which involves a financial institution described
in section 1004(b)(1), the agency referred to in such
section with respect to such institution and provide
the Federal Trade Commission and any such agency with a
copy of its complaint, except in any case in which such
prior notice is not feasible, in which case the State
shall serve such notice immediately upon instituting
such action.
``(B) Right to intervene.--The Federal Trade
Commission or an agency described in subsection (b)
shall have the right--
``(i) to intervene in an action under
paragraph (1);
``(ii) upon so intervening, to be heard on
all matters arising therein;
``(iii) to remove the action to the
appropriate United States district court; and
``(iv) to file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, no provision of this subsection
shall be construed as preventing the chief law enforcement
officer, or an official or agency designated by a State, from
exercising the powers conferred on the chief law enforcement
officer or such official by the laws of such State to conduct
investigations or to administer oaths or affirmations or to
compel the attendance of witnesses or the production of
documentary and other evidence.
``(4) Limitation on state action while federal action
pending.--If the Federal Trade Commission or any agency
described in subsection (b) has instituted a civil action for a
violation of this title, no State may, during the pendency of
such action, bring an action under this section against any
defendant named in the complaint of the Federal Trade
Commission or such agency for any violation of this title that
is alleged in that complaint.
``SEC. 1005. CIVIL LIABILITY.
``Any person, other than a financial institution, who fails to
comply with any provision of this title with respect to any financial
institution or any customer information of a financial institution
shall be liable to such financial institution or the customer to whom
such information relates in an amount equal to the sum of the amounts
determined under each of the following paragraphs:
``(1) Actual damages.--The greater of--
``(A) the amount of any actual damage sustained by
the financial institution or customer as a result of
such failure; or
``(B) any amount received by the person who failed
to comply with this title, including an amount equal to
the value of any nonmonetary consideration, as a result
of the action which constitutes such failure.
``(2) Additional damages.--Such additional amount as the
court may allow.
``(3) Attorneys' fees.--In the case of any successful
action to enforce any liability under paragraph (1) or (2), the
costs of the action, together with reasonable attorneys' fees.
``SEC. 1006. CRIMINAL PENALTY.
``(a) In General.--Whoever violates, or attempts to violate,
section 1003 shall be fined in accordance with title 18, United States
Code, or imprisoned for not more than 5 years, or both.
``(b) Enhanced Penalty for Aggravated Cases.--Whoever violates, or
attempts to violate, section 1003 while violating another law of the
United States or as part of a pattern of any illegal activity involving
more than $100,000 in a 12-month period shall be fined twice the amount
provided in subsection (b)(3) or (c)(3) (as the case may be) of section
3571 of title 18, United States Code, imprisoned for not more than 10
years, or both.
``SEC. 1007. RELATION TO STATE LAWS.
``(a) In General.--This title shall not be construed as
superseding, altering, or affecting the statutes, regulations, orders,
or interpretations in effect in any State, except to the extent that
such statutes, regulations, orders, or interpretations are inconsistent
with the provisions of this title, and then only to the extent of the
inconsistency.
``(b) Greater Protection Under State Law.--For purposes of this
section, a State statute, regulation, order, or interpretation is not
inconsistent with the provisions of this title if the protection such
statute, regulation, order, or interpretation affords any person is
greater than the protection provided under this title.
``SEC. 1008. AGENCY GUIDANCE.
``In furtherance of the objectives of this title, each Federal
banking agency (as defined in section 3(z) of the Federal Deposit
Insurance Act) shall issue advisories to depository institutions under
the jurisdiction of the agency, in order to assist such depository
institutions in deterring and detecting activities proscribed under
section 1003.''.
SEC. 3. REPORT TO CONGRESS ON FINANCIAL PRIVACY.
Not later than 18 months after the date of enactment of this Act,
the Comptroller General of the United States, in consultation with the
Federal Trade Commission, the Federal banking agencies, and other
appropriate Federal law enforcement agencies, shall submit to the
Congress a report on--
(1) the efficacy and adequacy of the remedies provided in
the amendments made by section 501 in addressing attempts to
obtain financial information by fraudulent means or by false
pretenses; and
(2) any recommendations for additional legislative or
regulatory action to address threats to the privacy of
financial information created by attempts to obtain information
by fraudulent means or false pretenses. | Financial Information Privacy Act of 1999 - Amends the Consumer Credit Protection Act to: (1) specify the types of enterprises constituting a financial institution within its purview; and (2) authorize the Federal Trade Commission (FTC) to prescribe regulations clarifying or describing the types of institutions which shall be treated as financial institutions for purposes of this Act.
Declares it a violation of this Act to obtain or solicit customer information of a financial institution relating to another person under false pretenses with intent to deceive. Exempts from such proscription: (1) law enforcement agencies; (2) financial institutions engaged in testing security procedures, investigating misconduct or negligence, or recovering customer information obtained or received under false pretenses; as well as (3) customer information of financial institutions available as a public record under Federal securities laws.
Grants the FTC, certain banking regulatory agencies, and the States enforcement powers under this Act.
Subjects violations of this Act to Federal civil and criminal penalties.
Requires each Federal banking agency to issue advisories to the depository institutions under its jurisdiction relating to the deterrence and detection of the activities proscribed by this Act.
Requires the Comptroller General to report to the Congress on: (1) the efficacy and adequacy of the remedies provided in this Act; and (2) recommendations for additional action to address threats to the privacy of financial information. | {"src": "billsum_train", "title": "Financial Information Privacy Act of 1999"} | 3,318 | 294 | 0.521278 | 1.514578 | 0.766695 | 2.852273 | 11.564394 | 0.905303 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pharmaceutical Freedom Act of
2000''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE
ATTAINED SOCIAL SECURITY RETIREMENT AGE.
``(a) In General.--In the case of an individual who has attained
social security retirement age, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 80 percent of the amount paid by the taxpayer during the
taxable year (and not compensated for by insurance or otherwise) for
any prescribed drug (as defined in section 213(d)(3)) for use by such
individual.
``(b) Social Security Retirement Age.--For purposes of this
section, the term `social security retirement age' means retirement age
(as defined in section 216(l)(1) of the Social Security Act).
``(c) Denial of Double Benefit.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this subsection) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with medical savings accounts.--No
credit shall be allowed under this section for amounts paid
from any medical savings account (as defined in section
220(d)).
``(d) Election Not To Have Credit Apply.--This section shall not
apply to a taxpayer for a taxable year if the taxpayer elects not to
have this section apply for such year.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Prescription drugs purchased
by individuals who have
attained social security
retirement age.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning more than 1 year after the date of the
enactment of this Act.
TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT
SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND
DRUG ADMINISTRATION.
(a) In General.--Section 801(d) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(d)) is amended--
(1) by striking paragraph (2); and
(2) by striking ``(d)(1)'' and all that follows through the
end of paragraph (1) and inserting the following:
``(d)(1)(A) A person who meets applicable legal requirements to be
an importer of drugs described in subparagraph (B) may import such a
drug (without regard to whether the person is a manufacturer of the
drug) if the person submits to the Secretary an application to import
the drug and the Secretary approves the application.
``(B) For purposes of subparagraph (A), the drugs described in this
subparagraph are drugs that are subject to section 503(b)(1) or that
are composed wholly or partly of insulin.
``(C) The Secretary shall approve an application under subparagraph
(A) if the application demonstrates that the drug to be imported meets
all requirements under this Act for the admission of the drug into the
United States, including demonstrating that--
``(i) an application for the drug has been approved under
section 505, or as applicable, under section 351 of the Public
Health Service Act; and
``(ii) the drug is not adulterated or misbranded.
``(D) Not later than 60 days after the date on which an application
under subparagraph (A) is submitted to the Secretary, the Secretary
shall--
``(i) approve the application; or
``(ii) refuse to approve the application and provide to the
person who submitted the application the reason for such
refusal.
``(E) This paragraph may not be construed as affecting any right
secured by patent.''.
(b) Conforming Amendments.--Section 801(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(2) in paragraph (3) (as so redesignated) by striking
``paragraph (3)'' each place such term appears and inserting
``paragraph (2)''.
SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS.
Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)) is amended by adding at the end the following paragraph:
``(6)(A) With respect to the interstate sale of a prescription drug
through an Internet site, the Secretary may not with respect to such
sale take any action under this Act against any of the persons involved
if--
``(i) the sale was made in compliance with this Act and
with State laws that are applicable to the sale of the drug;
and
``(ii) accurate information regarding compliance with this
Act and such State laws is posted on the Internet site.
``(B) For purposes of subparagraph (A), the sale of a prescription
drug by a person shall be considered to be an interstate sale of the
drug through an Internet site if--
``(i) the purchaser of the drug submits the purchase order
for the drug, or conducts any other part of the sales
transaction for the drug, through an Internet site; and
``(ii) pursuant to such sale, the person introduces the
drug into interstate commerce or delivers the drug for
introduction into such commerce.
``(C) Subparagraph (A) may not be construed as authorizing the
Secretary to enforce any violation of State law.
``(D) For purposes of this paragraph, the term `prescription drug'
means a drug that is subject to paragraph (1).''.
SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES;
EFFECTIVE DATE.
(a) Regulations.--Before the expiration of the period specified in
subsection (b), the Secretary of Health and Human Services shall
promulgate regulations to carry out the amendments to the Federal Food,
Drug, and Cosmetic Act that are made by sections 201 and 202.
(b) Effective Date.--The amendments to the Federal Food, Drug, and
Cosmetic Act that are made by sections 201 and 202 take effect upon the
expiration of the one-year period beginning on the date of the
enactment of this Act, without regard to whether the regulations
required in subsection (a) have been promulgated. | Title II: Amendments to Federal Food, Drug, and Cosmetic Act
- Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to replace drug reimportation provisions with provisions which permit a person who meets applicable legal requirements to be an importer of drugs to import certain drugs (without regard to whether the person is a manufacturer of the drug) if the person submits to the Secretary an application to import the drug and the Secretary approves the application.
Prohibits the Secretary from taking any action under the FDCA with respect to the interstate sale of a prescription drug through an Internet site, if the sale was made in compliance with the FDCA and with applicable State laws and accurate information regarding compliance with the FDCA and such State laws is posted on the Internet site. | {"src": "billsum_train", "title": "Pharmaceutical Freedom Act of 2000"} | 1,713 | 174 | 0.427094 | 1.165772 | 0.407354 | 7.054054 | 9.837838 | 0.905405 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Trails System Willing
Seller Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In spite of commendable efforts by State and local
governments and private volunteer trail groups to develop,
operate, and maintain the national scenic and national historic
trails designated by Act of Congress in section 5(a) of the
National Trails System Act (16 U.S.C. 1244(a)), the rate of
progress towards developing and completing the trails is slower
than anticipated.
(2) Nine of the twelve national scenic and historic trails
designated between 1978 and 1986 are subject to restrictions
totally excluding Federal authority for land acquisition
outside the exterior boundaries of any federally administered
area.
(3) To complete these nine trails as intended by Congress,
acquisition authority to secure necessary rights-of-way and
historic sites and segments, limited to acquisition from
willing sellers only, and specifically excluding the use of
condemnation, should be extended to the Secretary of the
Federal department administering these trails.
SEC. 3. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL AUTHORITY
OVER THE NATIONAL TRAILS SYSTEM.
It is the sense of the Congress that in order to address the
problems involving multijurisdictional authority over the National
Trails System, the Secretary of the Federal department with
jurisdiction over a national scenic or historic trail should--
(1) cooperate with appropriate officials of each State and
political subdivisions of each State in which the trail is
located and private persons with an interest in the trail to
pursue the development of the trail; and
(2) be granted sufficient authority to purchase lands and
interests in lands from willing sellers that are critical to
the completion of the trail.
SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN
TRAILS OF THE NATIONAL TRAILS SYSTEM ACT.
(a) Intent.--It is the intent of Congress that lands and interests
in lands for the nine components of the National Trails System affected
by the amendments made by subsection (b) shall only be acquired by the
Federal Government from willing sellers.
(b) Limited Acquisition Authority.--
(1) Oregon national historic trail.--Paragraph (3) of
section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(2) Mormon pioneer national historic trail.--Paragraph (4)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(3) Continental divide national scenic trail.--Paragraph
(5) of such section is amended by adding at the end the
following new sentence: ``No lands or interests therein outside
the exterior boundaries of any federally administered area may
be acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(4) Lewis and clark national historic trail.--Paragraph (6)
of such section is amended by adding at the end the following
new sentence: ``No lands or interests therein outside the
exterior boundaries of any federally administered area may be
acquired by the Federal Government for the trail except with
the consent of the owner thereof.''.
(5) Iditarod national historic trail.--Paragraph (7) of
such section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(6) North country national scenic trail.--Paragraph (8) of
such section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(7) Ice age national scenic trail.--Paragraph (10) of such
section is amended by adding at the end the following new
sentence: ``No lands or interests therein outside the exterior
boundaries of any federally administered area may be acquired
by the Federal Government for the trail except with the consent
of the owner thereof.''.
(8) Potomac heritage national scenic trail.--Paragraph (11)
of such section is amended in the fourth sentence by inserting
before the period the following: ``except with the consent of
the owner thereof.''.
(9) Nez perce national historic trail.--Paragraph (14) of
such section is amended in the fourth sentence by inserting
before the period the following: ``except with the consent of
the owner thereof.''.
(c) Protection for Willing Sellers.--Section 7 of the National
Trails System Act (16 U.S.C. 1246) is amended by adding at the end the
following new subsection:
``(l) Protection for Willing Sellers.--If the Federal Government
fails to make payment in accordance with a contract for the sale of
land or an interest in land for one of the national scenic or historic
trails designated by section 5(a), the seller may utilize any of the
remedies available to the seller under all applicable law, including
electing to void the sale.''.
(d) Conforming Amendment.--Section 10(c) of the National Trails
System Act (16 U.S.C. 1249(c)) is amended--
(1) by striking paragraph (1); and
(2) by striking ``(2) Except'' and inserting ``Except''.
Passed the House of Representatives March 13, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | National Trails System Willing Seller Act - Expresses the sense of Congress that, in order to address problems involving multijurisdictional authority over the National Trails System, the Secretary of the Federal department with jurisdiction over a national scenic or historic trail should: (1) cooperate with appropriate State and local officials and private persons to pursue the trail's development; and (2) be granted sufficient authority to purchase from willing sellers lands and interests in lands critical to trail completion.Provides for Federal acquisition of lands from willing sellers for specified System trails. Amends the National Trails System Act to provide protection for such willing sellers. | {"src": "billsum_train", "title": "To amend the National Trails System Act to clarify Federal authority relating to land acquisition from willing sellers for the majority of the trails in the System, and for other purposes."} | 1,331 | 134 | 0.650027 | 1.852199 | 0.696045 | 4.448276 | 10.439655 | 0.948276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining Permitting to Enable
Efficient Deployment of Broadband Infrastructure Act of 2018''.
SEC. 2. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.)
is amended by adding at the end the following:
``SEC. 13. EXEMPTION FROM REVIEW FOR CERTAIN COMMUNICATIONS FACILITIES.
``(a) For Permitting by Commission.--
``(1) In general.--Notwithstanding any provision of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or division A of subtitle III of title 54, United States
Code, the Commission shall not be required to perform, and may
not require any entity regulated by the Commission to perform,
any review under such Act or division as a condition of
permitting the placement and installation of a communications
facility if--
``(A) the new facility--
``(i) will be located within a public
right-of-way; and
``(ii) is not more than 50 feet tall or 10
feet higher than any existing structure in the
public right-of-way, whichever is higher;
``(B) the new facility is--
``(i) a replacement for an existing
communications facility; and
``(ii) the same as, or substantially
similar to (as such term is defined by the
Commission), the communications facility that
the new communications facility is replacing;
``(C) the new facility is a type of communications
facility that--
``(i) is described in subsection (c)(2)(B);
and
``(ii) meets the size limitation of a small
antenna established by the Commission; or
``(D) the placement and installation involve the
expansion of the site of an existing facility not more
than 30 feet in any direction.
``(2) Savings clause.--Nothing in this subsection shall be
construed to affect--
``(A) the obligation of the Commission to evaluate
radiofrequency exposure under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(B) except as explicitly provided in this
subsection, the obligation of any provider of a
communications service to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) or division A of subtitle III of title 54, United
States Code;
``(C) the authority of a State or local government
to apply and enforce the zoning and other land use
regulations of the State or local government to the
extent consistent with this subsection and sections
253, 332(c)(7), and 621; or
``(D) the authority or obligations established
under section 20156(e) of title 49, United States Code.
``(b) For Grant of Easement on Federal Property.--No review shall
be required under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) or division A of subtitle III of title 54, United
States Code, as a condition of granting a covered easement for a
communications facility if a covered easement has been granted for
another communications facility or a utility facility with respect to
the same building or other property owned by the Federal Government.
``(c) Definitions.--In this section:
``(1) Antenna.--The term `antenna' means communications
equipment that transmits or receives electromagnetic radio
frequency signals used in the provision of wireless services.
``(2) Communications facility.--The term `communications
facility' includes--
``(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, and sounds of all kinds; and
``(B) any antenna or apparatus--
``(i) that is designed for the purpose of
emitting or receiving radio frequency;
``(ii) that--
``(I) is designed to be operated,
or is operating, from a fixed location
pursuant to authorization by the
Commission; or
``(II) is using duly authorized
devices that do not require individual
licenses; and
``(iii) that is added to a tower, building,
support pole, or other structure.
``(3) Covered easement.--The term `covered easement' means
an easement, right-of-way, or lease to, in, over, or on a
building or other property owned by the Federal Government,
excluding tribal land held in trust by the Federal Government
(unless the tribal government of such land requests that the
Commission not exclude the land for purposes of this
definition), for the right to install, construct, modify, or
maintain a communications facility.
``(4) Public right-of-way.--The term `public right-of-
way'--
``(A) means--
``(i) the area on, below, or above a public
roadway, highway, street, sidewalk, alley, or
similar property; and
``(ii) any land immediately adjacent to and
contiguous with property described in clause
(i) that is within the right-of-way grant; and
``(B) does not include a portion of the Interstate
System (as such term is defined in section 101(a) of
title 23, United States Code).
``(5) Support pole.--The term `support pole' means an
upright pole or structure used or capable of being used to
support a wireless service facility.
``(6) Utility facility.--The term `utility facility' means
any privately, publicly, or cooperatively owned line, facility,
or system for producing, transmitting, or distributing power,
electricity, light, heat, gas, oil, crude products, water,
steam, waste, storm water not connected with highway drainage,
or any other similar commodity, including any fire or police
signal system or street lighting system, that directly or
indirectly serves the public.
``(7) Wireless service.--The term `wireless service' means
the transmission by radio communication of voice, video, or
data communications services, including Internet Protocol or
any successor protocol-enabled services, or any combination of
those services, whether provided on a licensed or permitted
unlicensed basis.
``(8) Wireless service facility.--The term `wireless
service facility' means a facility for the provision of
wireless service.''. | Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018 This bill amends the Communications Act of 1934 to exempt certain broadband infrastructure project actions, including granting a covered easement, placement and installation of a communications facility, and replacement of a communications facility located in an existing public right-of-way, from environmental review requirements under the National Environmental Policy Act of 1969. | {"src": "billsum_train", "title": "Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2018"} | 1,512 | 108 | 0.542991 | 1.395567 | 1.151645 | 4 | 20.323529 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ice Age Floods National Geologic
Trail Designation Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) at the end of the last Ice Age, some 12,000 to 17,000
years ago, a series of cataclysmic floods occurred in what is
now the northwest region of the United States, leaving a
lasting mark of dramatic and distinguishing features on the
landscape of parts of the States of Montana, Idaho, Washington
and Oregon;
(2) geological features that have exceptional value and
quality to illustrate and interpret this extraordinary natural
phenomenon are present on Federal, State, tribal, county,
municipal, and private land in the region; and
(3) in 2001, a joint study team headed by the National Park
Service that included about 70 members from public and private
entities completed a study endorsing the establishment of an
Ice Age Floods National Geologic Trail--
(A) to recognize the national significance of this
phenomenon; and
(B) to coordinate public and private sector
entities in the presentation of the story of the Ice
Age floods.
(b) Purpose.--The purpose of this Act is to designate the Ice Age
Floods National Geologic Trail in the States of Montana, Idaho,
Washington, and Oregon, enabling the public to view, experience, and
learn about the features and story of the Ice Age floods through the
collaborative efforts of public and private entities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ice age floods; floods.--The term ``Ice Age floods'' or
``floods'' means the cataclysmic floods that occurred in what
is now the northwestern United States during the last Ice Age
from massive, rapid and recurring drainage of Glacial Lake in
Missoula, Montana.
(2) Plan.--The term ``plan'' means the cooperative
management and interpretation plan authorized under section
5(e).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trail.--The term ``Trail'' means the Ice Age Floods
National Geologic Trail designated by section 4(a).
SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL.
(a) Designation.--In order to provide for public appreciation,
understanding, and enjoyment of the nationally significant natural and
cultural features of the Ice Age floods and to promote collaborative
efforts for interpretation and education among public and private
entities located along the pathways of the floods, there is designated
the Ice Age Floods National Geologic Trail.
(b) Location.--
(1) Map.--The route of the Trail shall be generally
depicted on the map entitled ``Ice Age Floods National Geologic
Trail,'' numbered P43/80,000 and dated June 2004.
(2) Route.--The route shall generally follow public roads
and highways.
(3) Revision.--The Secretary may revise the map by
publication in the Federal Register of a notice of availability
of a new map as part of the plan.
(c) Map Availability.--The map referred to in subsection (b) shall
be on file and available for public inspection in the appropriate
offices of the National Park Service.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary, acting through the Director of the
National Park Service, shall administer the Trail in accordance with
this Act.
(b) Limitation.--Except as provided in subsection (f)(2), the Trail
shall not be considered to be a unit of the National Park System.
(c) Trail Management Office.--To improve management of the Trail
and coordinate Trail activities with other public agencies and private
entities, the Secretary may establish and operate a trail management
office at a central location within the vicinity of the Trail.
(d) Interpretive Facilities.--The Secretary may plan, design, and
construct interpretive facilities for sites associated with the Trail
if the facilities are constructed in partnership with State, local,
tribal, or non-profit entities and are consistent with the plan.
(e) Management Plan.--
(1) In general.--Not later than 3 years after funds are
made available to carry out this Act, the Secretary shall
prepare a cooperative management and interpretation plan for
the Trail.
(2) Consultation.--The Secretary shall prepare the plan in
consultation with--
(A) State, local, and tribal governments;
(B) the Ice Age Floods Institute;
(C) private property owners; and
(D) other interested parties.
(3) Contents.--The plan shall--
(A) confirm and, if appropriate, expand on the
inventory of features of the floods contained in the
National Park Service study entitled ``Ice Age Floods,
Study of Alternatives and Environmental Assessment''
(February 2001) by--
(i) locating features more accurately;
(ii) improving the description of features;
and
(iii) reevaluating the features in terms of
their interpretive potential;
(B) review and, if appropriate, modify the map of
the Trail referred to in section 4(b);
(C) describe strategies for the coordinated
development of the Trail, including an interpretive
plan for facilities, waysides, roadside pullouts,
exhibits, media, and programs that present the story of
the floods to the public effectively; and
(D) identify potential partnering opportunities in
the development of interpretive facilities and
educational programs to educate the public about the
story of the floods.
(f) Cooperative Management.--
(1) In general.--In order to facilitate the development of
coordinated interpretation, education, resource stewardship,
visitor facility development and operation, and scientific
research associated with the Trail and to promote more
efficient administration of the sites associated with the
Trail, the Secretary may enter into cooperative management
agreements with appropriate officials in the States of Montana,
Idaho, Washington, and Oregon in accordance with the authority
provided for units of the National Park System under section
3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)).
(2) Authority.--For purposes of this subsection only, the
Trail shall be considered a unit of the National Park System.
(g) Cooperative Agreements.--The Secretary may enter into
cooperative agreements with public or private entities to carry out
this Act.
(h) Effect on Private Property Rights.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(2) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(i) Liability.--Designation of the Trail by section 4(a) does not
create any liability for, or affect any liability under any law of, any
private property owner with respect to any person injured on the
private property.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, of which not more than $12,000,000 may be used
for development of the Trail.
Passed the Senate November 16, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | Ice Age Floods National Geologic Trail Designation Act - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods.
Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail in accordance with this Act. Prohibits the Trail, except as provided in this Act, from being considered a unit of the National Park System (NPS). Allows the Secretary, in order to improve management of the Trail and coordinate Trail activities with other public agencies and private entities, to establish and operate a Trail management office at a central location within the vicinity of the Trail.
Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail.
Authorizes the Secretary to plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with state, local, tribal, or nonprofit entities and are consistent with the cooperative management and interpretation plan.
Allows the Secretary, in order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, to enter into cooperative management agreements with appropriate officials in the states of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the NPS. States that, for purposes of such authority only, the Trail be considered an NPS unit.
Permits the Secretary to enter into cooperative agreements with public or private entities to carry out this Act.
Specifies the effect of this Act on private property rights.
Declares that designation of the Trail does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to designate the Ice Age Floods National Geologic Trail, and for other purposes."} | 1,598 | 440 | 0.636127 | 2.095732 | 0.818762 | 6.132832 | 3.64411 | 0.954887 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Activity Based Total
Accountability Act of 2010''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) The Federal Government sends hundreds of billions of
dollars to the States each and every year.
(2) In Fiscal Year 2008, among the money sent to the States
were $267 billion for health care, $53 billion for
transportation, $47 billion for housing and urban development,
$36 billion for education, and $27 billion for agriculture.
(3) States receive money from the Federal Government
through grants, loans, loan guarantees, property, cooperative
agreements, interest subsidies, insurance, food commodities,
and direct appropriations, among others means.
(4) Every State spends money for common activities such as
health care, transportation, housing, education, agriculture
and other issues, yet some States are more effective than
others when spending these Federal taxpayer dollars.
(5) Taxpayers, legislators, and agencies should be able to
objectively and reliably share data comparing apples-to-apples
performance measurements that identify what government does and
what it really costs.
(6) Activity-based total accountability will show which
States are the most effective with taxpayer dollars and lead to
competition among States.
(7) States demonstrating that they are more efficient with
tax dollars by having lower activity costs will serve as models
for others to ensure that there is more accountability for how
tax dollars are spent and to ensure that the taxpayer is
getting the best value for their dollar.
(b) Purpose.--The purpose of this Act is to improve the
policymaking process and government accountability at the State level
by requiring annual accountings from State governments in a format that
uses total accountability measures, including unit-cost data.
SEC. 3. STATE FISCAL ACCOUNTING REPORTS.
(a) In General.--Not later than 15 days before the end of a Federal
fiscal year, each State government that receives Federal financial
assistance in that Federal fiscal year shall submit a State fiscal
accounting report for the Federal fiscal year to the Director of the
Office of Management and Budget (hereinafter in this Act referred to as
the ``Director'').
(b) Contents of Report.--Each State fiscal accounting report shall
include--
(1) a one-page summary that lists the total funding and
expenditures of each budget entity of the State government; and
(2) for each budget entity of the State government, a unit-
cost summary for the Federal fiscal year.
(c) Publication of Reports.--The Director shall publish each report
received under this section on an Internet Web site of the Director not
later than 30 days after receiving that report.
SEC. 4. STANDARDIZATION OF STATE FISCAL ACCOUNTING REPORTS.
(a) Standardization of Reports.--The Director shall ensure that
each State fiscal accounting report is in such standardized form as the
Director may prescribe. Such form shall permit the comparison of the
information contained in a State fiscal accounting report with the
information contained in every other State fiscal accounting report.
(b) Initial Reports.--Not later than 180 days after the date of
enactment of this Act, each State government that is required to submit
a report under section 3 shall submit to the Director a description of
the programs and other activities carried out by each budget entity of
that State government over that fiscal year, including such information
on those programs or activities as the Director may require.
(c) Classification System.--Based on the descriptions submitted
under subsection (b) and on what the Director determines to be the most
relevant data available (including data from the most recent census),
the Director shall by rule do the following:
(1) Establish a uniform system for classifying such
programs and activities within categories (hereinafter in this
Act referred to as ``agency activities'') identified by the
Director.
(2) For each agency activity, identify conduct (hereinafter
in this Act referred to as an ``activity unit'') that, in the
determination of the Director, constitutes a completed instance
of such agency activity.
(3) For each agency activity, identify, to the extent
practicable, performance measures for that agency activity,
and, in publishing a report under section 3(c), link
electronically such performance measures to that agency
activity.
SEC. 5. UNIT-COST SUMMARY.
Each unit-cost summary for a budget entity of a State government
shall be in such form as the Director may prescribe, be one page long,
and include the following:
(1) A statement of funds available, as described under
section 6.
(2) For each agency activity that the budget entity began,
attempted, continued, or completed, a line-item listing as
described under section 7.
(3) A reconciliation of funds available with adjusted
expenditures as described under section 8.
SEC. 6. STATEMENT OF FUNDS AVAILABLE.
(a) In General.--A statement of funds available shall identify--
(1) in accordance with subsection (b), each source of funds
available for expenditure or obligation by the budget entity
and the amount of such funds; and
(2) the sum of all amounts identified under paragraph (1).
(b) Identification of Sources.--In identifying the sources of funds
available for expenditure or obligation by the budget entity, the
budget entity shall include the following:
(1) All funds made available by State appropriations laws.
(2) Any Federal financial assistance provided by a Federal
department or agency.
(3) Any other sources the Director determines appropriate.
SEC. 7. AGENCY ACTIVITY LINE ITEM LISTINGS.
(a) In General.--A line item listing for an agency activity shall--
(1) identify--
(A) the agency activity;
(B) in accordance with subsection (b), the total
amount of funds that the budget entity expended in
carrying out the agency activity;
(C) the number of activity units of the agency
activity the budget entity began, attempted, continued,
or completed; and
(D) the unit-cost of the agency activity,
determined in accordance with subsection (c); and
(2) describe as many of the following as are relevant to
the agency activity:
(A) What conduct constitutes an activity unit.
(B) Each purpose for which the budget entity
engaged in that agency activity.
(C) Each person that is an intended beneficiary of
that agency activity.
(b) Special Rules for Determination of Expenditures.--
(1) Allocation of expenditures for certain agency
activities.--If the Director determines that there is an agency
activity for which no method of measuring the accomplishment of
the agency activity exists, an expenditure for that agency
activity must be consistently allocated to what is, in the
determination of the Director, a sufficiently similar agency
activity for which such a method exists.
(2) Payments to contractors or subordinate entities
included.--An identification of the total amount of funds that
a budget entity expended shall include any amounts paid to a
contractor or subordinate entity.
(c) Determination of Unit-Cost.--
(1) In general.--The unit-cost of an agency activity shall
be determined in accordance with the following formula:
m
UC = --------------------------------------.
q
(2) Definition of terms in formula.--For purposes of the
formula in paragraph (1)--
(A) UC is the unit-cost of the agency activity;
(B) m is the amount described in subsection
(a)(1)(B); and
(C) q is the number described in subsection
(a)(1)(C).
SEC. 8. RECONCILIATION OF FUNDS AVAILABLE WITH ADJUSTED EXPENDITURES.
(a) In General.--A reconciliation of funds available with adjusted
expenditures shall--
(1) identify the adjusted expenditures of the budget
entity; and
(2) explain any difference between the adjusted
expenditures and the sum of all funds available for expenditure
or obligation by the budget entity (determined in accordance
with section 6).
(b) Determination of Adjusted Expenditures.--
(1) In general.--The adjusted expenditures of the budget
entity shall be determined in accordance with the following
formula:
AE = EXP + PT + REV.
(2) Definition of terms in formula.--For purposes of the
formula in paragraph (1)--
(A) AE is the adjusted expenditures;
(B) EXP is the sum of all expenditures by the
budget entity for agency activities;
(C) PT is the sum of all pass-throughs identified
by the budget entity under subsection (c); and
(D) REV is the sum of all reversions identified by
the budget entity under subsection (c).
(c) Identification of Pass-Throughs and Reversions.--A budget
entity may identify an amount as a pass-through or a reversion if the
amount satisfies criteria established by the Director.
SEC. 9. NONCOMPLIANCE.
If the Director determines that a State government has failed, with
respect to a Federal fiscal year, to file a sufficient and timely State
fiscal accounting report under this Act, the Director shall so inform
the head of each Federal department or agency. Each such head shall
withhold 10 percent of any Federal financial assistance provided to the
State government for the next Federal fiscal year.
SEC. 10. RULES.
The Director is authorized to make such rules as may be necessary
to carry out this Act.
SEC. 11. DEFINITIONS.
In this Act:
(1) The term ``State government'' means the government of
each of the several States, the District of Columbia, and any
commonwealth, territory, or possession of the United States.
(2) The term ``budget entity'' means a State agency or the
State judiciary.
(3) The term ``agency activity'' means major operational
activities carried out by a budget entity.
(4) The term ``Federal financial assistance'' has the
meaning given such term in section 7501 of title 31, United
States Code, and also includes any other amounts that the
Director determines appropriate. | National Activity Based Total Accountability Act of 2010 - Requires each state government that receives federal financial assistance in a federal fiscal year to submit a state fiscal accounting report for such fiscal year to the Director of the Office of Management and Budget (OMB) that includes: (1) a one-page summary listing the total funding and expenditures of each budget entity of the state government; and (2) a unit-cost summary for each such entity that includes a statement of funds available, a line-item listing for each agency activity that the entity began, attempted, continued, or completed, and a reconciliation of funds available with adjusted expenditures. Sets forth formulae for determining unit-cost and adjusted expenditures.
Requires the Director to: (1) publish each report on an OMB website; (2) ensure that such state reports use a standardized form that permits the comparison of information; (3) establish a uniform system for classifying programs and activities; (4) identify conduct for each agency activity that constitutes a completed instance of such activity; and (5) identify performance measures for each agency activity.
Requires the Director to inform each federal agency if a state fails to file such report and requires the agency to withhold 10% of any federal financial assistance provided to such state for the next fiscal year. | {"src": "billsum_train", "title": "To require State governments to submit fiscal accounting reports as a condition to the receipt of Federal financial assistance, and for other purposes."} | 2,190 | 279 | 0.555071 | 1.697477 | 0.854439 | 3.9375 | 8.167969 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maritime Revitalization Act of
1993''.
SEC. 2. MODIFICATIONS IN EXCISE TAX ON TRANSPORTATION OF PASSENGERS BY
WATER.
(a) In General.--Section 4471 of the Internal Revenue Code of 1986
is amended by adding at the end thereof the following new paragraph:
``(4) Tax on vessels having a capacity of at least 150
passengers.--In the case of a vessel having berth or stateroom
accommodations for at least 150 passengers, the amount of the
tax imposed by paragraph (1) shall be equal to 5 percent of the
amount paid by each passenger for a covered voyage.''
(b) Modification to Covered Voyages.--Clause (i) of section
4472(1)(A) of such Code is amended by inserting before the comma ``and
which has a port of call not located in the United States or a
possession of the United States''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. EXCISE TAX ON CONTAINERS USED TO IMPORT OR EXPORT COMMERCIAL
CARGO.
(a) In General.--Chapter 36 of the Internal Revenue Code of 1986
(relating to certain other excise taxes) is amended by inserting after
subchapter B the following new subchapter:
``Subchapter C--Containers Used To Import or Export Cargo
``Sec. 4476. Imposition of tax.
``SEC. 4476. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on any taxable
container use.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on any taxable container use is $15 per 20-foot equivalent unit of
the container.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) shall
be paid by the shipper.
``(2) Time of imposition.--Except as otherwise provided by
regulations, the tax imposed by subsection (a) shall be
imposed--
``(A) at the time of exportation in the case of a
use described in subsection (d)(1), and
``(B) at the time of entry in the case of a use in
subsection (d)(2).
``(d) Taxable Container Use.--For purposes of this section, the
term `taxable container use' means--
``(1) the loading of a container containing commercial
cargo on a commercial vessel at a port if--
``(A) such cargo is being exported from the United
States, and
``(B) such vessel is to provide the transport from
the United States, and
``(2) the unloading of a container containing commercial
cargo from a commercial vessel at a port if such cargo is being
entered into the United States.
``(e) Other Definitions.--For purposes of this section--
``(1) In general.--The terms `commercial cargo',
`commercial vessel', and `port' have the respective meanings
given such terms under section 4462.
``(2) United states.--The term `United States' includes the
possessions of the United States.
``(f) Special Rules.--Rules similar to the rules of subsections
(d), (e), (f), (h), and (i) of section 4462 shall apply for purposes of
this section.''
(b) Clerical Amendment.--The table of subchapters for chapter 36 of
such Code is amended by inserting after the item relating to subchapter
B the following new item:
``Subchapter C. Containers used to import
or export cargo.''
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 1996.
SEC. 4. MARITIME REVITALIZATION 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. MARITIME REVITALIZATION FUND.
``(a) Creation of Fund.--There is established in the Treasury of
the United States a trust fund to be known as the `Maritime
Revitalization Fund', consisting of such amounts as may be appropriated
or credited to such Fund as provided in this section or section
9602(b).
``(b) Transfers to Fund.--
``(1) In general.--There are hereby appropriated to the
Maritime Revitalization Fund amounts equivalent to the net
revenues received in the Treasury from the maritime taxes.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount estimated by the Secretary
based on the excess of--
``(A) the maritime taxes received in the Treasury,
over
``(B) the decrease in the tax imposed by chapter 1
resulting from the maritime taxes.
``(3) Maritime taxes.--For purposes of this subsection, the
term `maritime taxes' means--
``(A) the taxes imposed by section 4471 (relating
to transportation of passengers by water) to the extent
the taxes received in the Treasury under such section
exceed the amount that the Secretary estimates would
have been received under such section without regard to
the amendments made by the Maritime Revitalization Fund
Act of 1993, and
``(B) the taxes imposed by section 4476 (relating
to containers used to import or export commercial
cargo).
``(c) Expenditures From Fund.--Amounts in the Maritime
Revitalization Fund shall be available, as provided in appropriation
Acts, only for purposes of making expenditures to carry out any law
which is substantially similar to the title IV of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1171) proposed to be added by H.R. 2151 (The
Maritime Security and Competitiveness Act of 1993) of the 103d
Congress, as introduced.''
(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. Maritime Revitalization
Fund.'' | Maritime Revitalization Act of 1993 - Amends the Internal Revenue Code to increase the tax on transportation of passengers by water on vessels having a capacity of at least 150 passengers to five percent of the amount paid by each passenger. (Currently, such tax is three dollars per passenger.) Requires such covered voyages to have a port of call not located in the United States or its possessions.
Imposes an excise tax on the loading of certain containers used to import or export commercial cargo on commercial vessels.
Establishes the Maritime Revitalization Fund consisting of the maritime taxes imposed by this Act. Requires such Fund to support the maritime security fleet proposed by the Maritime Security and Competitiveness Act of 1993. | {"src": "billsum_train", "title": "Maritime Revitalization Act of 1993"} | 1,491 | 160 | 0.557231 | 1.43046 | 0.684509 | 3.69403 | 9.38806 | 0.873134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child and Adult Care Food Program
Improvements Act of 2003''.
SEC. 2. ELIGIBILITY OF PRIVATE ORGANIZATIONS.
Section 17(a)(2)(B)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(a)(2)(B)(i)) is amended by striking
``during'' and all that follows through ``2003,''.
SEC. 3. DEFINITION OF TIER I FAMILY OR GROUP HOME IN RURAL AREAS.
(a) In General.--Section 17(f)(3)(A)(ii)(I) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(A)(ii)(I)) is
amended by inserting ``(or, in the case of a rural area (as defined by
the Secretary), 40 percent)'' after ``50 percent''.
(b) School Data.--Section 17(f)(3)(E)(ii) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(f)(3)(E)(ii)) is amended--
(1) by redesignating subclause (II) as subclause (III);
(2) in the second sentence of subclause (I), by striking
``The State agency'' and inserting the following:
``(II) Administration.--The State
agency'';
(3) in subclause (I), by striking ``organizations a list''
and all that follows and inserting ``organizations--
``(aa) a list of schools
serving elementary school
children in the State in which
not less than 50 percent of the
children enrolled are certified
to receive free or reduced
price meals; and
``(bb) a list of schools in
rural areas described in
subparagraph (A)(ii)(I) serving
elementary school children in
the State in which not less
than 40 percent of the children
enrolled are certified to
receive free or reduced price
meals.''; and
(4) in subclause (II) (as designated by paragraph (2)), by
striking ``list'' each place it appears and inserting
``lists''.
(c) Prospective Repeal.--
(1) In general.--Section 17(f)(3)(A)(ii)(I) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1766(f)(3)(A)(ii)(I)) (as amended by subsection (a)) is amended
by striking ``(or,'' and all that follows through ``40
percent)''.
(2) Effective date.--The amendment made by paragraph (1)
takes effect on October 1, 2005.
SEC. 4. SUPPLEMENT REIMBURSEMENT RATE FOR TIER II FAMILY OR GROUP DAY
CARE HOMES.
Section 17(f)(3)(A)(iii)(I) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(f)(3)(A)(iii)(I)) is amended--
(1) in item (aa), by striking ``13 cents for supplements''
and inserting ``18 cents for supplements''; and
(2) in item (bb), by striking ``1997'' and inserting
``2004''.
SEC. 5. ADMINISTRATIVE REIMBURSEMENT RATE FOR FAMILY OR GROUP DAY CARE
HOME SPONSORING ORGANIZATIONS IN RURAL AREAS.
Section 17(f)(3)(B) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)(B)) is amended--
(1) by striking ``(B) Family'' and inserting the following:
``(B) Reimbursement for administrative expenses.--
``(i) In general.--Family'';
(2) by inserting after the first sentence the following:
``(ii) Rural areas.--The levels prescribed
under clause (i) shall be increased by $2.00
for each family or group day care home
sponsoring organization that is located in a
rural area (as defined by the Secretary).'';
and
(3) in the last sentence, by striking ``Such levels'' and
inserting the following:
``(iii) Annual adjustments.--The levels
prescribed under this subparagraph''.
SEC. 6. MANAGEMENT SUPPORT.
Section 17(q)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(q)(3)) is amended by striking ``1999 through 2003''
and inserting ``2004 through 2008''.
SEC. 7. PROGRAM FOR AT-RISK SCHOOL CHILDREN IN RURAL AREAS.
(a) Definition of At-Risk School Children.--
(1) In general.--Section 17(r)(1)(B) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1766(r)(1)(B)) is
amended by inserting ``(or, in the case of a rural area (as
defined in section 343(a)(13)(A) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)(13)(A))), 40 percent)''
after ``50 percent''.
(2) Prospective repeal.--
(A) In general.--Section 17(r)(1)(B) of the Richard
B. Russell National School Lunch Act (42 U.S.C.
1766(r)(1)(B)) (as amended by paragraph (1)) is amended
by striking ``(or,'' and all that follows through 40
percent)''.
(B) Effective date.--The amendment made by
subparagraph (A) takes effect on October 1, 2005.
(b) Limitation.--Section 17(r)(5) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(r)(5)) is amended by striking
``seven States,'' and all that follows through ``and two States'' and
inserting ``13 States, of which 11 States shall be Illinois,
Pennsylvania, Missouri, Delaware, Michigan, Oregon, New York,
Wisconsin, Mississippi, Iowa, and Indiana and 2 States''.
SEC. 8. PARTICIPATION BY EMERGENCY SHELTERS.
Section 17(t)(5)(A)(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(t)(5)(A)(i)) is amended--
(1) in subclause (I), by striking ``12 years of age;'' and
inserting ``18 years of age; or'';
(2) by striking subclause (II); and
(3) by redesignating subclause (III) as subclause (II).
SEC. 9. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act and the
amendments made by this Act take effect on October 1, 2003. | Child and Adult Care Food Program Improvements Act of 2003 - Amends the Richard B. Russell National School Lunch Act to revise requirements for the child and adult care food program.
Revises requirements relating to: (1) the eligibility of private organizations; (2) the supplement reimbursement rate for tier II family or group day care homes; (3) the administrative reimbursement rate for family or group day care home sponsoring organizations in rural areas; and (4) management support.
Provides for temporary redefinitions of: (1) tier I family or group home in rural areas; and (2) at-risk school children in rural areas.
Revises the program for at-risk school children to add Oregon, New York, Wisconsin, Mississippi, Iowa, and Indiana to the limited list of States in which institutions are to receive reimbursement. (Continues the current listing of Illinois, Pennsylvania, Missouri, Delaware, Michigan, and two unspecified States.)
Allows emergency shelters to claim reimbursement for resident children not more than 18 years of age. (The current limit is 12.) | {"src": "billsum_train", "title": "A bill to amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program."} | 1,672 | 222 | 0.528648 | 1.49555 | 0.670574 | 4.265403 | 5.834123 | 0.890995 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian Fissile Materials
Disposition Loan Guarantee Act of 2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The proliferation of nuclear weapons represents a risk
to the national security of the United States.
(2) Countries seeking new nuclear weapons capabilities
require both technical expertise and nuclear weapons materials.
(3) The nuclear weapons complex of the former Soviet Union
contains large amounts of such technical expertise and
materials and could present risks for nuclear proliferation.
(4) Several current programs address the potential for loss
of such technical expertise and materials.
(5) Progress on the Highly Enriched Uranium Agreement and
on the Plutonium Disposition Agreement will enhance United
States security against nuclear proliferation, but United
States security would be further enhanced were additional
progress achieved in securing and disposing of the nuclear
weapons materials of the former Soviet Union.
(6) In addition to the programs referred to in paragraphs
(4) and (5), a program providing for the placement of nuclear
weapons materials of the Russian Federation under permanent
safeguards in exchange for the guarantee of loans for
nonproliferation programs and activities of the Russian
Federation could enhance the economy of the Russian Federation
and achieve the interest of nations worldwide in providing for
the security of nuclear weapons materials that are not
currently under international safeguards.
SEC. 3. LOAN GUARANTEES.
(a) Authority To Guarantee Loan.--Subject to the provisions of this
section, the Secretary of Energy may, with the approval of the
President, guarantee loans made to the Government of the Russian
Federation for purposes described in subsection (c)(1).
(b) Limitations on Guarantees.--(1) The aggregate amount of loan
principal covered by guarantees under this section at any one time may
not exceed $1,000,000,000.
(2) The guarantee of a loan under this section applies to principal
and to interest specified in the loan, except that the guarantee on
interest shall not apply to amounts allocable to interest at a rate in
excess of 3 percent per year.
(c) Loans Eligible for Guarantee.--(1) A loan eligible for
guarantee under this section is any loan made by a private lender to
the Government of the Russian Federation the proceeds of which are to
be utilized by the Government of the Russian Federation for one or more
of the following purposes:
(A) Retirement of the sovereign debt of the Russian
Federation.
(B) Support of nuclear nonproliferation programs and
activities of the Government of the Russian Federation.
(C) Development of the energy infrastructure of the Russian
Federation, including peaceful uses of nuclear energy in a
manner that complies with the Nuclear Nonproliferation Treaty.
(2) A loan is not eligible for guarantee under this section if the
proceeds of the loan are to be used for any purpose or activity under
the Plutonium Disposition Agreement, including to cover the costs of
the manufacture and use of mixed oxide (MOX) fuel in Russia under the
Plutonium Disposition Agreement.
(d) Loan Terms.--A loan guaranteed under this section shall have
the following terms:
(1) The loan principal shall be in increments of
$20,000,000.
(2) The term of the loan with respect to any principal
increment of the loan shall be not less than 15 years.
(3) Payments of principal and interest on the loan shall be
based on an amortization schedule providing that--
(A) interest on a principal increment of the loan
will commence on the date of the disbursement of the
principal increment of the loan;
(B) no payment of principal or interest on a
principal increment of the loan will be required for at
least 5 years after the date of the disbursement of the
principal increment of the loan;
(C) once payments of principal and interest
commence pursuant to subparagraph (B), such payments
will be made on a semi-annual basis; and
(D) all interest and principal on each principal
increment of the loan will be due and payable not later
than the completion of the term of the loan with
respect to such principal increment of the loan.
(4) The proceeds of the loan shall be disbursed to the
Russian Federation or a department or ministry of the Russian
Federation.
(5) The lender may, upon default of the Government of the
Russian Federation on the loan, exercise the option described
in subsection (e)(3).
(e) Loan Security.--(1) As security for a loan guaranteed under
this section, the Government of the Russian Federation shall, for each
loan principal increment of $20,000,000, place 1.00 metric tons of
weapons-usable plutonium and 1.00 metric tons of weapons-usable highly
enriched uranium under International Atomic Energy Agency (IAEA)
safeguards at a facility in Russia that is mutually acceptable to
Russia and the IAEA. The placement of materials under such safeguards
as security for a principal increment of a loan shall be completed
before the disbursement of the principal increment of the loan.
(2) As security for a loan guaranteed under this section, the
Government of the Russian Federation shall certify to the Secretary
that any materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall remain under such safeguards
indefinitely, including after the loan is paid off by the Government of
the Russian Federation.
(3)(A) In the event of a default on a loan guaranteed under this
section by the Government of the Russian Federation, the lender may,
with the approval of the Secretary, provide for the disposition or
utilization of materials placed under safeguards pursuant to paragraph
(1) as security for the loan to repay all or part of the loan.
(B) The disposition or utilization of materials under this
paragraph shall be in accordance with applicable International Atomic
Energy Agency safeguards regarding such materials, and such materials
may not, during the course of such disposition or utilization, be
removed from such safeguards.
(4) Materials placed under International Atomic Energy Agency
safeguards pursuant to paragraph (1) shall not be treated as part of
the 34.00 metric tons of weapons-grade plutonium to be used by the
Government of the Russian Federation largely as mixed oxide (MOX) fuel
under the Plutonium Disposition Agreement.
(f) Treatment of Guarantees Under Plutonium Disposition
Agreement.--The guarantee of any loan under this section shall not be
treated as a contribution to the Government of the Russian Federation
under the Plutonium Disposition Agreement.
(g) Prohibition on Collection of Fees.--The Secretary may not
impose or collect any fee in connection with the guarantee of a loan
under this section.
SEC. 4. SUPPORT OF INTERNATIONAL ATOMIC ENERGY AGENCY MATERIALS
SAFEGUARDS.
Of the amounts authorized to be appropriated or otherwise made
available to the Secretary of Energy each fiscal year for Materials
Protection Control and Accounting, not more than $15,000,000 shall be
available to the Secretary for purposes of covering the expenses of the
International Atomic Energy Agency (IAEA) in implementing and
maintaining safeguards under section 3(e) on materials providing
security for loans guaranteed under section 3.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) Cost of Loan Guarantees.--For the cost of the loans guaranteed
under this Act as defined in section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated for
fiscal years 2002 through 2005, such amounts as may be necessary.
(b) Cost of Administration.--There is hereby authorized to be
appropriated to the Secretary of Energy for fiscal year 2002,
$10,000,000 for purposes of activities under this Act, other than to
cover costs under subsection (a) and to cover expenses under section 4.
(c) Availability.--Amounts appropriated pursuant to the
authorizations of appropriations in subsections (a) and (b) shall
remain available until expended.
SEC. 6. DEFINITIONS.
In this Act:
(1) Highly enriched uranium agreement.--The term ``Highly
Enriched Uranium Agreement'' means the Agreement Between the
United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched
Uranium Extracted from Nuclear Weapons, dated February 18,
1993.
(2) Nuclear nonproliferation treaty.--The term ``Nuclear
Nonproliferation Treaty'' means the Treaty on the
Nonproliferation of Nuclear Weapons, as opened for signature
July 1, 1968.
(3) Plutonium disposition agreement.--The term ``Plutonium
Disposition Agreement'' means the Agreement Between the
Government of the United States of America and the Government
of the Russian Federation Concerning the Management and
Disposition of Plutonium Designated As No Longer Required for
Defense Purposes and Related Cooperation, signed by the United
States on September 1, 2000.
SEC. 7. TERMINATION OF AUTHORITY.
The authority of the Secretary of Energy to guarantee loans under
this Act shall terminate on December 31, 2004. The termination of
authority to guarantee loans under this section shall not affect the
validity of any guarantee made under this Act before that date. | Russian Fissile Materials Disposition Loan Guarantee Act of 2001 - Authorizes the Secretary of Energy, with the President's approval, to guarantee loans (principal and up to three percent per year on interest) made to the Government of the Russian Federation for: (1) retirement of the sovereign debt of the Russian Federation; and (2) nuclear nonproliferation programs and activities. Sets forth certain guaranteed loan requirements.Mandates allocation of certain funds each fiscal year to cover the expenses of the International Atomic Energy Agency in implementing and maintaining safeguards at a Russian facility on specified metric tons of weapons-usable plutonium and highly enriched uranium. | {"src": "billsum_train", "title": "To authorize the Secretary of Energy to guarantee loans to facilitate nuclear nonproliferation programs and activities of the Government of the Russian Federation, and for other purposes."} | 1,959 | 144 | 0.651191 | 2.010563 | 0.688958 | 3.271186 | 15.525424 | 0.898305 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservists and Guardsmen Pay
Protection Act of 2002''.
SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EMPLOYEE IS PERFORMING ACTIVE
SERVICE IN THE UNIFORMED SERVICES OR NATIONAL GUARD.
(a) In General.--Subchapter IV of chapter 55 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 5538. Nonreduction in pay while serving in the uniformed
services or National Guard
``(a) An employee who is absent from a position of employment with
the Federal Government in order to perform service in the uniformed
services or the National Guard shall be entitled to receive, for each
pay period described in subsection (b), an amount equal to the amount
by which--
``(1) the amount of basic pay which would otherwise have
been payable to such employee for such pay period if such
employee's civilian employment with the Government had not been
interrupted by that service, exceeds (if at all)
``(2) the amount of pay and allowances which (as determined
under subsection (d))--
``(A) is payable to such employee for that service;
and
``(B) is allocable to such pay period.
``(b)(1) Amounts under this section shall be payable with respect
to each pay period (which would otherwise apply if the employee's
civilian employment had not been interrupted)--
``(A) during which such employee is entitled to
reemployment rights under chapter 43 of title 38 with respect
to the position from which such employee is absent (as referred
to in subsection (a)); and
``(B) for which such employee does not otherwise receive
basic pay (including by taking any annual, military, or other
paid leave) to which such employee is entitled by virtue of
such employee's civilian employment with the Government.
``(2) For purposes of this section, the period during which an
employee is entitled to reemployment rights under chapter 43 of title
38--
``(A) shall be determined disregarding the provisions of
section 4312(d) of title 38; and
``(B) shall include any period of time specified in section
4312(e) of title 38 within which an employee may report or
apply for employment or reemployment following completion of
service in the uniformed services or National Guard.
``(c) Any amount payable under this section to an employee shall be
paid--
``(1) by such employee's employing agency;
``(2) from the appropriation or fund which would be used to
pay the employee if such employee were in a pay status; and
``(3) to the extent practicable, at the same time and in
the same manner as would basic pay if such employee's civilian
employment had not been interrupted.
``(d) The Office of Personnel Management shall, in consultation
with Secretary of Defense, prescribe any regulations necessary to carry
out the preceding provisions of this section.
``(e)(1) The head of each agency referred to in section
2302(a)(2)(C)(ii) shall, in consultation with the Office, prescribe
procedures to ensure that the rights under this section apply to the
employees of such agency.
``(2) The Administrator of the Federal Aviation Administration
shall, in consultation with the Office, prescribe procedures to ensure
that the rights under this section apply to the employees of that
agency.
``(f) For purposes of this section--
``(1) the terms `employee', `Federal Government', and
`uniformed services' have the same respective meanings as given
them in section 4303 of title 38;
``(2) the term `service in the uniformed services' has the
meaning given that term in section 4303 of title 38 and
includes duty performed by a member of the National Guard under
section 502(f) of title 32 at the direction of the Secretary of
the Army or Secretary of the Air Force;
``(3) the term `employing agency', as used with respect to
an employee entitled to any payments under this section, means
the agency or other entity of the Government (including an
agency referred to in section 2302(a)(2)(C)(ii)) with respect
to which such employee has reemployment rights under chapter 43
of title 38; and
``(4) the term `basic pay' includes any amount payable
under section 5304.''.
(b) Clerical Amendment.--The table of sections for chapter 55 of
title 5, United States Code, is amended by inserting after the item
relating to section 5537 the following:
``5538. Nonreduction in pay while serving in the uniformed services or
National Guard.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to pay periods (as described in section 5538(b) of
title 5, United States Code, as amended by this section) beginning on
or after September 11, 2001.
SEC. 3. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT ADDED TO GENERAL
BUSINESS CREDIT.
(a) Ready Reserve-National Guard Credit.--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. 45G. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, the Ready Reserve-
National Guard employee credit determined under this section for the
taxable year is an amount equal to 50 percent of the actual
compensation amount for the taxable year.
``(b) Definition of Actual Compensation Amount.--For purposes of
this section, the term `actual compensation amount' means the amount of
compensation paid or incurred by an employer with respect to a Ready
Reserve-National Guard employee on any day during a taxable year when
the employee was absent from employment for the purpose of performing
qualified active duty.
``(c) Limitations.--
``(1) Maximum time.--The maximum period of time in which
the credit may be used shall not exceed 12 months.
``(2) Days other than work days.--No credit shall be
allowed with respect to a Ready Reserve-National Guard employee
who performs qualified active duty on any day on which the
employee was not scheduled to work (for reason other than to
participate in qualified active duty).
``(d) Definitions.--For purposes of this section--
``(1) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty, other than the training duty
specified in section 10147 of title 10, United States
Code (relating to training requirements for the Ready
Reserve), or section 502(a) of title 32, United States
Code (relating to required drills and field exercises
for the National Guard), in connection with which an
employee is entitled to reemployment rights and other
benefits or to a leave of absence from employment under
chapter 43 of title 38, United States Code, and
``(B) hospitalization incident to such duty.
``(2) Compensation.--The term `compensation' means any
remuneration for employment, whether in cash or in kind, which
is paid or incurred by a taxpayer and which is deductible from
the taxpayer's gross income under section 162(a)(1).
``(3) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' means an employee who
is a member of the Ready Reserve or of the National Guard.
``(4) National guard.--The term `National Guard' has the
meaning given such term by section 101(c)(1) of title 10,
United States Code.
``(5) Ready reserve.--The term `Ready Reserve' has the
meaning given such term by section 10142 of title 10, United
States Code.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``plus'' at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(16) the Ready Reserve-National Guard employee credit
determined under section 45G(a).''.
(c) Conforming 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 45F the
following new item:
``Sec. 45G. Ready Reserve-National Guard
employee credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Reservists and Guardsmen Pay Protection Act of 2002 - Entitles a person who is absent from his or her position of Federal employment to perform service in the uniformed services or the National Guard to receive from his or her agency an amount that, when added to the pay and allowances for such service, equals the basic pay for such period of service.Amends the Internal Revenue Code to provide that, for purposes of the general business credit, the Ready Reserve-National Guard employee credit for any taxable year is 50 percent of the actual compensation amount for the taxable year. | {"src": "billsum_train", "title": "A bill to provide pay protection for members of the Reserve and the National Guard, and for other purposes."} | 1,988 | 126 | 0.585495 | 1.559013 | 0.610194 | 3.101852 | 16.888889 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Paid Parental
Leave Act of 2007''.
SEC. 2. PAID PARENTAL LEAVE UNDER TITLE 5.
(a) Amendment to Title 5.--Subsection (d) of section 6382 of title
5, United States Code, is amended to read as follows:
``(d)(1) An employee may elect to substitute for any leave without
pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave
which is available to such employee for that purpose.
``(2) The paid leave that is available to an employee for purposes
of paragraph (1) is--
``(A) 8 administrative workweeks of paid leave under this
subparagraph in connection with the birth or placement
involved; and
``(B) any annual or sick leave accrued or accumulated by
such employee under subchapter I.
``(3) Nothing in this subchapter shall be considered to require--
``(A) that an employing agency provide paid sick leave in
any situation in which such employing agency would not normally
be required to provide such leave; or
``(B) that an employee first use all or any portion of the
leave described in subparagraph (B) of paragraph (2) before
being allowed to use leave described in subparagraph (A) of
such subparagraph.
``(4) Leave under paragraph (2)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing agency;
``(B) shall not be considered to be annual or vacation
leave for purposes of section 5551 or 5552 or for any other
purpose; and
``(C) if not used by the employee before the end of the 12-
month period (as referred to in subsection (a)(1)) to which it
relates, shall not accumulate for any subsequent use.
``(5) The Office shall prescribe any regulations necessary to carry
out this subsection, including, subject to paragraph (3)(B), the manner
in which an employee may designate any day or other period as to which
such employee wishes to use leave described in paragraph (2)(A).''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act.
SEC. 3. PAID PARENTAL LEAVE FOR CONGRESSIONAL EMPLOYEES.
(a) Amendment to Congressional Accountability Act.--Section 202 of
the Congressional Accountability Act of 1995 (2 U.S.C. 1312) is
amended--
(1) in subsection (a)(1), by adding at the end the
following: ``In applying section 102(a)(1)(A) and (B) to
covered employees, subsection (d) shall apply.'';
(2) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Special Rule for Paid Parental Leave for Congressional
Employees.--
``(1) Substitution of paid leave.--A covered employee
taking leave without pay under subparagraphs (A) or (B) of
section 102(a)(1) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2612(a)(1)) may elect to substitute for any such
leave any paid leave which is available to such employee for
that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) 8 workweeks of paid leave under this
subparagraph in connection with the birth or placement
involved; and
``(B) any additional paid vacation or sick leave
provided by the employing office to such employee.
``(3) Limitation.--Nothing in this section shall be
considered to require--
``(A) that an employing office provide paid sick
leave in any situation in which such employing office
would not normally be required to provide such leave;
or
``(B) that a covered employee first use all or any
portion of the leave described in subparagraph (B) of
paragraph (2) before being allowed to use leave
described in subparagraph (A) of such paragraph.
``(4) Additional rules.--Leave under paragraph (2)(A)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing office; and
``(B) if not used by the covered employee before
the end of the 12-month period (as referred to in
section 102(a)(1) of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2612(a)(1))) to which it relates,
shall not accumulate for any subsequent use.''.
(b) Effective Date.--The amendments made by this section shall not
be effective with respect to any birth or placement occurring before
the end of the 6-month period beginning on the date of the enactment of
this Act. | Federal Employees Paid Parental Leave Act of 2007 - Allows federal employees to substitute any available paid leave for any leave without pay available for either the: (1) birth of a child; or (2) placement of a child with the employee for either adoption or foster care. Makes available for any of the 12 weeks of leave an employee is entitled to for such purposes: (1) eight administrative weeks of paid leave in connection with the birth or placement involved; and (2) any accumulated annual or sick leave.
Amends the Congressional Accountability Act of 1995 to allow the same substitution for covered congressional employees. | {"src": "billsum_train", "title": "To provide that 8 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes."} | 1,143 | 125 | 0.584424 | 1.461607 | 0.615103 | 2.433333 | 8.75 | 0.866667 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pool and Spa
Safety Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Federal swimming pool and spa drain cover standard.
Sec. 4. State swimming pool safety grant program.
Sec. 5. Minimum State law requirements.
Sec. 6. Education program.
Sec. 7. Definitions.
Sec. 8. CPSC report.
SEC. 2. FINDINGS.
The Congress finds that--
(1) of injury-related deaths, drowning is the second
leading cause of death in children aged 1 to 14 in the United
States;
(2) many children die due to pool and spa drowning and
entrapment, such as Virginia Graeme Baker, who at age 7 drowned
by entrapment in a residential spa;
(3) in 2003, 782 children ages 14 and under died as a
result of unintentional drowning;
(4) adult supervision at all aquatic venues is a critical
safety factor in preventing children from drowning; and
(5) research studies show that the installation and proper
use of barriers or fencing, as well as additional layers of
protection, could substantially reduce the number of childhood
residential swimming pool drownings and near drownings.
SEC. 3. FEDERAL SWIMMING POOL AND SPA DRAIN COVER STANDARD.
(a) Consumer Product Safety Rule.--The provisions of subsection (b)
shall be considered to be a consumer product safety rule issued by the
Consumer Product Safety Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(b) Drain Cover Standard.--Effective 1 year after the date of
enactment of this Act, each swimming pool or spa drain cover
manufactured, distributed, or entered into commerce in the United
States shall conform to the entrapment protection standards of the
ASME/ANSI A112.19.8 performance standard, or any successor standard
regulating the same.
SEC. 4. STATE SWIMMING POOL SAFETY GRANT PROGRAM.
(a) In General.--Subject to the availability of appropriations
authorized by subsection (e), the Commission shall establish a grant
program to provide assistance to eligible States.
(b) Eligibility.--To be eligible for a grant under the program, a
State shall--
(1) demonstrate to the satisfaction of the Commission that
it has a State statute, or that, after the date of enactment of
this Act, it has enacted a statute, or amended an existing
statute, and provides for the enforcement of, a law that--
(A) except as provided in section 5(a)(1)(A)(i),
applies to all swimming pools in the State; and
(B) meets the minimum State law requirements of
section 5; and
(2) submit an application to the Commission at such time,
in such form, and containing such additional information as the
Commission may require.
(c) Amount of Grant.--The Commission shall determine the amount of
a grant awarded under this Act, and shall consider--
(1) the population and relative enforcement needs of each
qualifying State; and
(2) allocation of grant funds in a manner designed to
provide the maximum benefit from the program in terms of
protecting children from drowning or entrapment, and, in making
that allocation, shall give priority to States that have not
received a grant under this Act in a preceding fiscal year.
(d) Use of Grant Funds.--A State receiving a grant under this
section shall use--
(1) at least 50 percent of amount made available to hire
and train enforcement personnel for implementation and
enforcement of standards under the State swimming pool and spa
safety law; and
(2) the remainder--
(A) to educate pool construction and installation
companies and pool service companies about the
standards;
(B) to educate pool owners, pool operators, and
other members of the public about the standards under
the swimming pool and spa safety law and about the
prevention of drowning or entrapment of children using
swimming pools and spas; and
(C) to defray administrative costs associated with
such training and education programs.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $10,000,000 to carry out this section, such sums to remain
available until expended.
SEC. 5. MINIMUM STATE LAW REQUIREMENTS.
(a) In General.--
(1) Safety Standards.--A State meets the minimum State law
requirements of this section if--
(A) the State requires by statute--
(i) the enclosure of all residential pools
and spas by barriers to entry that will
effectively prevent small children from gaining
unsupervised and unfettered access to the pool
or spa;
(ii) that all pools and spas be equipped
with devices and systems designed to prevent
entrapment by pool or spa drains;
(iii) that pools and spas built more than 1
year after the date of enactment of such
statute have--
(I) more than 1 drain;
(II) 1 or more unblockable drains;
or
(III) no main drain; and
(iv) every swimming pool and spa that has a
main drain, other than an unblockable drain, be
equipped with a drain cover that meets the
consumer product safety standard established by
section 3; and
(B) the State meets such additional State law
requirements for pools and spas as the Commission may
establish after public notice and a 30-day public
comment period.
(2) Use of minimum State law requirements.--The
Commission--
(A) shall use the minimum State law requirements
under paragraph (1) solely for the purpose of
determining the eligibility of a State for a grant
under section 4 of this Act; and
(B) may not enforce any requirement under paragraph
(1) except for the purpose of determining the
eligibility of a State for a grant under section 4 of
this Act.
(3) Requirements to reflect national performance standards
and commission guidelines.--In establishing minimum State law
requirements under paragraph (1), the Commission shall--
(A) consider current or revised national
performance standards on pool and spa barrier
protection and entrapment prevention; and
(B) ensure that any such requirements are
consistent with the guidelines contained in the
Commission's publication 362, entitled ``Safety Barrier
Guidelines for Home Pools'', the Commission's
publication entitled ``Guidelines for Entrapment
Hazards: Making Pools and Spas Safer'', and any other
pool safety guidelines established by the Commission.
(b) Standards.--Nothing in this section prevents the Commission
from promulgating standards regulating pool and spa safety or from
relying on an applicable national performance standard.
(c) Basic Access-Related Safety Devices and Equipment Requirements
To Be Considered.--In establishing minimum State law requirements for
swimming pools and spas under subsection (a)(1), the Commission shall
consider the following requirements:
(1) Covers.--A safety pool cover.
(2) Gates.--A gate with direct access to the swimming pool
that is equipped with a self-closing, self-latching device.
(3) Doors.--Any door with direct access to the swimming
pool that is equipped with an audible alert device or alarm
which sounds when the door is opened.
(4) Pool alarm.--A device designed to provide rapid
detection of an entry into the water of a swimming pool or spa.
(d) Entrapment, Entanglement, and Evisceration Prevention Standards
To Be Required.--
(1) In general.--In establishing additional minimum State
law requirements for swimming pools and spas under subsection
(a)(1), the Commission shall require, at a minimum, 1 or more
of the following (except for pools constructed without a single
main drain):
(A) Safety vacuum release system.--A safety vacuum
release system which ceases operation of the pump,
reverses the circulation flow, or otherwise provides a
vacuum release at a suction outlet when a blockage is
detected, that has been tested by an independent third
party and found to conform to ASME/ANSI standard
A112.19.17 or ASTM standard F2387.
(B) Suction-limiting vent system.--A suction-
limiting vent system with a tamper-resistant
atmospheric opening.
(C) Gravity drainage system.--A gravity drainage
system that utilizes a collector tank.
(D) Automatic pump shut-off system.--An automatic
pump shut-off system.
(E) Drain disablement.--A device or system that
disables the drain.
(F) Other systems.--Any other system determined by
the Commission to be equally effective as, or better
than, the systems described in subparagraphs (A)
through (E) of this paragraph at preventing or
eliminating the risk of injury or death associated with
pool drainage systems.
(2) Applicable standards.--Any device or system described
in subparagraphs (B) through (E) of paragraph (1) shall meet
the requirements of any ASME/ANSI or ASTM performance standard
if there is such a standard for such a device or system, or any
applicable consumer product safety standard.
SEC. 6. EDUCATION PROGRAM.
(a) In General.--The Commission shall establish and carry out an
education program to inform the public of methods to prevent drowning
and entrapment in swimming pools and spas. In carrying out the program,
the Commission shall develop--
(1) educational materials designed for pool manufacturers,
pool service companies, and pool supply retail outlets;
(2) educational materials designed for pool owners and
operators; and
(3) a national media campaign to promote awareness of pool
and spa safety.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2008 through
2012 $5,000,000 to carry out the education program authorized by
subsection (a).
SEC. 7. DEFINITIONS.
In this Act:
(1) ASME/ANSI standard.--The term ``ASME/ANSI standard''
means a safety standard accredited by the American National
Standards Institute and published by the American Society of
Mechanical Engineers.
(2) ASTM standard.--The term ``ASTM standard'' means a
safety standard issued by ASTM International, formerly known as
the American Society for Testing and Materials.
(3) Barrier.--The term ``barrier'' includes a natural or
constructed topographical feature that prevents unpermitted
access by children to a swimming pool, and, with respect to a
hot tub, a lockable cover.
(4) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(5) Main drain.--The term ``main drain'' means a submerged
suction outlet typically located at the bottom of a pool or spa
to conduct water to a re-circulating pump.
(6) Safety vacuum release system.--The term ``safety vacuum
release system'' means a vacuum release system capable of
providing vacuum release at a suction outlet caused by a high
vacuum occurrence due to a suction outlet flow blockage.
(7) Unblockable drain.--The term ``unblockable drain''
means a drain of any size and shape that a human body cannot
sufficiently block to create a suction entrapment hazard.
(8) Swimming pool; spa.--The term ``swimming pool'' or
``spa'' means any outdoor or indoor structure intended for
swimming or recreational bathing, including in-ground and
above-ground structures, and includes hot tubs, spas, portable
spas, and non-portable wading pools.
SEC. 8. CPSC REPORT.
Within 1 year after the close of each fiscal year for which grants
are made under section 4, the Commission shall submit a report to the
Congress evaluating the effectiveness of the grant program authorized
by that section.
Passed the Senate December 6, 2006.
Attest:
Secretary.
109th CONGRESS
2d Session
S. 3718
_______________________________________________________________________
AN ACT
To increase the safety of swimming pools and spas by requiring the use
of proper anti-entrapment drain covers and pool and spa drainage
systems, by establishing a swimming pool safety grant program
administered by the Consumer Product Safety Commission to encourage
States to improve their pool and spa safety laws and to educate the
public about pool and spa safety, and for other purposes. | Pool and Spa Safety Act - (Sec. 3) Requires each swimming pool or spa drain cover manufactured, distributed, or entered into commerce in the United States to conform to specified ASME/ANSI entrapment protection standards. Considers that requirement to be a consumer product safety rule issued by the Consumer Product Safety Commission (CPSC) under certain provisions of the Consumer Product Safety Act.
(Sec. 4) Establishes a program of grants to states to: (1) hire and train enforcement personnel; and (2) educate pool construction, installation, and service companies, pool owners and operators, and other members of the public. Conditions grants on a state imposing certain requirements by statute, including: (1) enclosure of residential pools and spas to prevent small children from gaining unsupervised access; and (2) drain entrapment prevention devices and systems on all pools and spas.
(Sec. 6) Requires the CPSC to establish and carry out a public education program on methods to prevent drowning and entrapment in pools and spas. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to increase the safety of swimming pools and spas by requiring the use of proper anti-entrapment drain covers and pool and spa drainage systems, by establishing a swimming pool safety grant program administered by the Consumer Product Safety Commission to encourage States to improve their pool and spa safety laws and to educate the public about pool and spa safety, and for other purposes."} | 2,774 | 238 | 0.664961 | 2.1348 | 0.813105 | 3.405941 | 12.737624 | 0.960396 |
SECTION 1. APPROVAL OF THE AGREEMENT BETWEEN THE UNITED STATES AND THE
REPUBLIC OF PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Compact of free association.--The term ``Compact of
Free Association'' means the Compact of Free Association
between the Government of the United States of America and the
Government of Palau (48 U.S.C. 1931 note; Public Law 99-658).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The Agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (referred
to in this section as the `Agreement'), in connection with section 432
of the Compact of Free Association between the Government of the United
States of America and the Government of Palau (48 U.S.C. 1931 note;
Public Law 99-658) (referred to in this section as the `Compact of Free
Association'), are approved--
``(1) except for the extension of article X of the
Agreement Regarding Federal Programs and Services, and
Concluded Pursuant to article II of title II and section 232 of
the Compact of Free Association; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $5,000,000 from the trust fund established under section
211(f) of the Compact of Free Association in any of fiscal years 2011,
2012, or 2013, amounts payable under sections 1, 2(a), 3, and 4(a), of
the Agreement shall be withheld from the Republic of Palau until the
date on which the Republic of Palau reimburses the trust fund for the
total amounts withdrawn that exceeded $5,000,000 in any of those fiscal
years.
``(c) Funding for Certain Provisions Under Section 105 of Compact
of Free Association.--Within 30 days of enactment of this section, out
of any funds in the Treasury not otherwise appropriated, the Secretary
of the Treasury shall transfer to the Secretary of the Interior such
sums as are necessary for the Secretary of the Interior to implement
sections 1, 2(a), 3, 4(a), and 5 of the Agreement, which sums shall
remain available until expended without any further appropriation.
``(d) Authorizations of Appropriations.--There are authorized to be
appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia $1,500,000 for each of
fiscal years 2014 through 2024, to remain available until
expended; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
of Free Association (including the successor of each Federal
entity) to carry out the responsibilities of the Federal entity
under section 221(a) of the Compact of Free Association such
sums as are necessary, to remain available until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact section 211(f) fund.--Section 1 of the
Agreement shall be construed as though the section reads as
follows:
``SECTION 1. COMPACT SECTION 211(F) FUND.
``The Government of the United States of America (the `Government
of the United States') shall contribute $30,250,000 to the Fund
referred to in section 211(f) of the Compact in accordance with the
following schedule--
``(1) $11,000,000 in fiscal year 2014;
``(2) $3,000,000 in each of fiscal years 2015 through 2017;
``(3) $2,000,000 in each of fiscal years 2018 through 2022;
and
``(4) $250,000 in fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement shall be construed as though the
subsection reads as follows:
``(a) The Government of the United States shall provide a grant of
$6,912,000 for fiscal year 2014 and a grant of $2,000,000 annually from
the beginning of fiscal year 2015 through fiscal year 2024 to create a
trust fund (the `Infrastructure Maintenance Fund') to be used for the
routine and periodic maintenance of major capital improvement projects
financed by funds provided by the United States. The Government of the
Republic of Palau will match the contributions made by the United
States by making contributions of $150,000 to the Infrastructure
Maintenance Fund on a quarterly basis from the beginning of fiscal year
2014 through fiscal year 2024. Implementation of this subsection shall
be carried out in accordance with the provisions of Appendix A to this
Agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``The Government of the United States shall provide the Government
of Palau $10,000,000 in fiscal year 2014 for deposit in an interest
bearing account to be used to reduce government arrears of Palau.
Implementation of this section shall be carried out in accordance with
the provisions of Appendix B to this Agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement shall be construed as though the subsection
reads as follows:
``(a) In addition to the economic assistance of $13,147,000
provided to the Government of Palau by the Government of the United
States in each of fiscal years 2010, 2011, 2012, and 2013, and unless
otherwise specified in this Agreement or in an Appendix to this
Agreement, the Government of the United States shall provide the
Government of Palau $69,250,000 in economic assistance as follows--
``(1) $12,000,000 in fiscal year 2014;
``(2) $11,500,000 in fiscal year 2015;
``(3) $10,000,000 in fiscal year 2016;
``(4) $8,500,000 in fiscal year 2017;
``(5) $7,250,000 in fiscal year 2018;
``(6) $6,000,000 in fiscal year 2019;
``(7) $5,000,000 in fiscal year 2020;
``(8) $4,000,000 in fiscal year 2021;
``(9) $3,000,000 in fiscal year 2022; and
``(10) $2,000,000 in fiscal year 2023.
The funds provided in any fiscal year under this subsection for
economic assistance shall be provided in 4 quarterly payments (30
percent in the first quarter, 30 percent in the second quarter, 20
percent in the third quarter, and 20 percent in the fourth quarter)
unless otherwise specified in this Agreement or in an Appendix to this
Agreement.''.
(5) Infrastructure projects.--Section 5 of the Agreement
shall be construed as though the section reads as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``The Government of the United States shall provide grants totaling
$40,000,000 to the Government of Palau as follows: $30,000,000 in
fiscal year 2014; and $5,000,000 annually in each of fiscal years 2015
and 2016; towards 1 or more mutually agreed infrastructure projects in
accordance with the provisions of Appendix C to this Agreement.''.
(d) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
192ld(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''.
(e) Passport Requirement.--Section 141 of Article IV of Title One
of the Compact of Free Association shall be construed and applied as if
it read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) Any person in the following categories may be admitted to,
lawfully engage in occupations, and establish residence as a
nonimmigrant in the United States and its territories and possessions
without regard to paragraphs (5) or (7)(B)(i)(II) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or
(a)(7)(B)(i)(II)), provided that the passport presented to satisfy
section 212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-
readable passport that satisfies the internationally accepted standard
for machine readability--
``(1) a person who, on September 30, 1994, was a citizen of
the Trust Territory of the Pacific Islands, as defined in title
53 of the Trust Territory Code in force on January 1, 1979, and
has become and remains a citizen of Palau;
``(2) a person who acquires the citizenship of Palau, at
birth, on or after the effective date of the Constitution of
Palau; or
``(3) a naturalized citizen of Palau, who has been an
actual resident of Palau for not less than five years after
attaining such naturalization and who holds a certificate of
actual residence.
``(b) Such persons shall be considered to have the permission of
the Secretary of Homeland Security of the United States to accept
employment in the United States.
``(c) The right of such persons to establish habitual residence in
a territory or possession of the United States may, however, be
subjected to non-discriminatory limitations provided for--
``(1) in statutes or regulations of the United States; or
``(2) in those statutes or regulations of the territory or
possession concerned which are authorized by the laws of the
United States.
``(d) Section 141(a) does not confer on a citizen of Palau the
right to establish the residence necessary for naturalization under the
Immigration and Nationality Act, or to petition for benefits for alien
relatives under that Act. Section 141(a), however, shall not prevent a
citizen of Palau from otherwise acquiring such rights or lawful
permanent resident alien status in the United States.''. | Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Provides that, if Palau withdraws more than $5 million from the trust fund set up by the Compact in any of FY2011-FY2014, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in any of those fiscal years. Authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2014-FY2024, and (2) carry out specified federal responsibilities under the Compact. Repeals specified offset requirements. Provides funding through FY2023 for: (1) the trust fund, and (2) economic assistance. Provides funding through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Requires Palau to provide specified quarterly amounts for the Fund.) Provides funding through FY2016 for infrastructure projects. Revises passport requirements. | {"src": "billsum_train", "title": "A bill to approve an agreement between the United States and the Republic of Palau."} | 2,365 | 252 | 0.608515 | 1.815072 | 0.870419 | 3.5 | 9.841121 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southwestern Indian Polytechnic
Institute Administrative Systems Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the provision of culturally sensitive experiences and
vocationally relevant curricula at Southwestern Indian
Polytechnic Institute is consistent with the commitment of the
Federal Government to the fulfillment of treaty obligations to
Indian tribes through the principle of self-determination and
the use of Federal resources; and
(2) giving a greater degree of autonomy to Southwestern
Indian Polytechnic Institute, while maintaining the institute
as an integral part of the Bureau of Indian Affairs, will
facilitate the administration and improvement of the academic
programs of the institute.
SEC. 3. DEFINITIONS.
For purposes of this Act the following definitions shall apply:
(1) Institute.--The term ``institute'' means the
Southwestern Indian Polytechnic Institute, located in
Albuquerque, New Mexico.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. PERSONNEL MANAGEMENT.
(a) Inapplicability of Certain Civil Service Laws.--Chapters 51,
53, and 63 of title 5, United States Code (relating to classification,
pay, and leave, respectively) and the provisions of such title relating
to the appointment, performance evaluation, promotion, and removal of
civil service employees shall not apply to applicants for employment
with, employees of, or positions in or under the institute.
(b) Alternative Personnel Management Provisions.--
(1) In general.--The president of the institute shall by
regulation prescribe such personnel management provisions as
may be necessary, in order to ensure the effective
administration of the institute, to replace the provisions of
law that are inapplicable with respect to the institute by
reason of subsection (a).
(2) Procedural requirements.--The regulations prescribed
under this subsection shall--
(A) be prescribed by the president of the institute
in consultation with the appropriate governing body of
the institute;
(B) be subject to the requirements of subsections
(b) through (e) of section 553 of title 5, United
States Code; and
(C) not take effect without the prior written
approval of the Secretary.
(c) Specific Substantive Requirements.--Under the regulations
prescribed under this subsection--
(1) no rate of basic pay may, at any time, exceed--
(A) in the case of an employee who would otherwise
be subject to the General Schedule, the maximum rate of
basic pay then currently payable for grade GS-15 of the
General Schedule (including any amount payable under
section 5304 of title 5, United States Code, or other
similar authority for the locality involved); or
(B) in the case of an employee who would otherwise
be subject to subchapter IV of chapter 53 of title 5,
United States Code (relating to prevailing rate
systems), the maximum rate of basic pay which (but for
this section) would then otherwise be currently payable
under the wage schedule covering such employee;
(2) the limitation under section 5307 of title 5, United
States Code (relating to limitation on certain payments) shall
apply, subject to such definitional and other modifications as
may be necessary in the context of the alternative personnel
management provisions established under this section;
(3) procedures shall be established for the rapid and
equitable resolution of grievances;
(4) no institute employee may be discharged without notice
of the reasons therefor and opportunity for a hearing under
procedures that comport with the requirements of due process,
except that this paragraph shall not apply in the case of an
employee serving a probationary or trial period under an
initial appointment; and
(5) institute employees serving for a period specified in
or determinable under an employment agreement shall, except as
otherwise provided in the agreement, be notified at least 30
days before the end of such period as to whether their
employment agreement will be renewed.
(d) Rule of Construction.--Nothing in this section shall be
considered to affect--
(1) the applicability of any provision of law providing
for--
(A) equal employment opportunity;
(B) Indian preference; or
(C) veterans' preference; or
(2) the eligibility of any individual to participate in any
retirement system, any program under which any health insurance
or life insurance is afforded, or any program under which
unemployment benefits are afforded, with respect to Federal
employees.
(e) Labor-Management Provisions.--
(1) Collective-bargaining agreements.--Any collective-
bargaining agreement in effect on the day before the effective
date specified under subsection (f)(1) shall continue to be
recognized by the institute until altered or amended pursuant
to law.
(2) Exclusive representative.--Nothing in this Act shall
affect the right of any labor organization to be accorded (or
to continue to be accorded) recognition as the exclusive
representative of any unit of institute employees.
(3) Other provisions.--Matters made subject to regulation
under this section shall not be subject to collective
bargaining, except in the case of any matter under chapter 63
of title 5, United States Code (relating to leave).
(f) Effective Date.--
(1) Alternative personnel management provisions.--The
alternative personnel management provisions under this section
shall take effect on such date as may be specified in the
regulations, except that such date may not be later than 1 year
after the date of the enactment of this Act.
(2) Provisions made inapplicable by this section.--
Subsection (a) shall take effect on the date specified under
paragraph (1).
(g) Applicability.--
(1) In general.--Except as otherwise provided in this
subsection, the alternative personnel management provisions
under this section shall apply with respect to all applicants
for employment with, all employees of, and all positions in or
under the institute.
(2) Current employees not covered except pursuant to a
voluntary election.--
(A) In general.--An institute employee serving on
the day before the effective date specified under
subsection (f)(1) shall not be subject to the
alternative personnel management provisions under this
section (and shall instead, for all purposes, be
treated in the same way as if this section had not been
enacted, notwithstanding subsection (a)) unless, before
the end of the 5-year period beginning on such
effective date, such employee elects to be covered by
such provisions.
(B) Procedures.--An election under this paragraph
shall be made in such form and in such manner as may be
required under the regulations, and shall be
irrevocable.
(3) Transition provisions.--
(A) Provisions relating to annual and sick leave.--
Any individual who--
(i) makes an election under paragraph (2),
or
(ii) on or after the effective date
specified under subsection (f)(1), is
transferred, promoted, or reappointed, without
a break in service of 3 days or longer, to an
institute position from a noninstitute position
with the Federal Government or the government
of the District of Columbia,
shall be credited, for the purpose of the leave system
provided under regulations prescribed under this
section, with the annual and sick leave to such
individual's credit immediately before the effective
date of such election, transfer, promotion, or
reappointment, as the case may be.
(B) Liquidation of remaining leave upon
termination.--
(i) Annual leave.--Upon termination of
employment with the institute, any annual leave
remaining to the credit of an individual within
the purview of this section shall be liquidated
in accordance with section 5551(a) and section
6306 of title 5, United States Code, except
that leave earned or accrued under regulations
prescribed under this section shall not be so
liquidated.
(ii) Sick leave.--Upon termination of
employment with the institute, any sick leave
remaining to the credit of an individual within
the purview of this section shall be creditable
for civil service retirement purposes in
accordance with section 8339(m) of title 5,
United States Code, except that leave earned or
accrued under regulations prescribed under this
section shall not be so creditable.
(C) Transfer of remaining leave upon transfer,
promotion, or reemployment.--In the case of any
institute employee who is transferred, promoted, or
reappointed, without a break in service of 3 days or
longer, to a position in the Federal Government (or the
government of the District of Columbia) under a
different leave system, any remaining leave to the
credit of that individual earned or credited under the
regulations prescribed under this section shall be
transferred to such individual's credit in the
employing agency on an adjusted basis in accordance
with regulations which shall be prescribed by the
Office of Personnel Management.
(4) Work-study.--Nothing in this section shall be
considered to apply with respect to a work-study student, as
defined by the president of the institute in writing.
SEC. 5. DELEGATION OF PROCUREMENT AUTHORITY.
The Secretary shall, to the maximum extent consistent with
applicable law and subject to the availability of appropriations
therefor, delegate, to the president of the institute, procurement and
contracting authority with respect to the conduct of the administrative
functions of the institute.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 1997, and
for each fiscal year thereafter--
(1) the amount of funds made available by appropriations as
operations funding for the administration of the institute for
fiscal year 1996; and
(2) such additional sums as may be necessary for the
operation of the institute pursuant to this Act. | Southwestern Indian Polytechnic Institute Administrative Systems Act of 1996 - Provides that certain civil service laws relating to personnel management shall not apply to applicants for employment with, employees of, or positions in or under the Southwestern Indian Polytechnic Institute. Requires the Institute president by regulation to prescribe alternative personnel management provisions. Disallows covering current Institute employees except pursuant to a voluntary election.
Directs the Secretary of the Interior to delegate to the institute president procurement authority with respect to the conduct of the administrative functions of the Institute.
Authorizes appropriations. | {"src": "billsum_train", "title": "Southwestern Indian Polytechnic Institute Administrative Systems Act of 1996"} | 2,060 | 121 | 0.594542 | 1.692953 | 0.65607 | 4.137255 | 19.392157 | 0.921569 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Travel and Counterterrorism
Partnership Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States should modernize the visa waiver
program by simultaneously--
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to
nationals of foreign countries that are allies in the
war on terrorism; and
(2) the expansion described in paragraph (1) will--
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(B) support and expand tourism and business
opportunities to enhance long-term economic
competitiveness; and
(C) strengthen bilateral relationships.
SEC. 3. DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.
Section 217(c) of the Immigration and Nationality Act (8 U.S.C.
1187(c)) is amended by adding at the end the following:
``(8) Nonimmigrant visa refusal rate flexibility.--The
Secretary of Homeland Security, in consultation with the
Secretary of State, may waive the application of paragraph
(2)(A) for a country if--
``(A) the country meets all existing security
requirements and enhanced security requirements
described in section 4 of the Secure Travel and
Counterterrorism Partnership Act;
``(B) the Secretary of Homeland Security determines
that the totality of the country's security risk
mitigation measures provide assurance that the
country's participation in the program would not
compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
``(C) there has been a sustained reduction in visa
refusal rates for aliens from the country and
conditions exist to continue such reduction; and
``(D) the country cooperated with the Government of
the United States on counterterrorism initiatives and
information sharing before the date of its designation
as a program country, and the Secretary of Homeland
Security and the Secretary of State expect such
cooperation will continue.
``(9) Discretionary security-related considerations.--
``(A) In general.--In determining whether to waive
the application of paragraph (2)(A) for a country,
pursuant to paragraph (8), the Secretary of Homeland
Security, in consultation with the Secretary of State,
may take into consideration other factors affecting the
security of the United States, including--
``(i) airport security standards in the
country;
``(ii) whether the country assists in the
operation of an effective air marshal program;
``(iii) the standards of passports and
travel documents issued by the country; and
``(iv) other security-related factors.
``(B) Overstay rates.--In determining whether to
permit a country to participate in the program, the
Secretary of Homeland Security may consider the
estimated rate at which nationals of the country
violate the terms of their visas by remaining in the
United States after the expiration of such visas.''.
SEC. 4. SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.
(a) In General.--Section 217 of the Immigration and Nationality Act
(8 U.S.C. 1187) is amended--
(1) in subsection (a)--
(A) by striking ``Operators of aircraft'' and
inserting the following:
``(10) Electronic transmission of identification
information.--Operators of aircraft''; and
(B) by adding at the end the following:
``(11) Eligibility determination under the electronic
travel authorization system.--Beginning on the date on which
the electronic travel authorization system developed under
subsection (h)(3) is fully operational, each alien traveling
under the program shall, before applying for admission,
electronically provide basic biographical information to the
system. Upon review of such biographical information, the
Secretary of Homeland Security shall determine whether the
alien is eligible to travel to the United States under the
program.'';
(2) in subsection (c), as amended by section 3 of this
Act--
(A) in paragraph (2)--
(i) by amending subparagraph (D) to read as
follows:
``(D) Reporting lost and stolen passports.--The
government of the country enters into an agreement with
the United States to report, or make available through
Interpol, to the United States Government information
about the theft or loss of passports within a strict
time limit and in a manner specified in the
agreement.''; and
(ii) by adding at the end the following:
``(E) Repatriation of aliens.--The government of
the country accepts for repatriation any citizen,
former citizen, or national against whom a final
executable order of removal is issued not later than 3
weeks after the issuance of the final order of removal.
Nothing in this subparagraph creates any duty for the
United States or any right for any alien with respect
to removal or release. Nothing in this subparagraph
gives rise to any cause of action or claim under this
paragraph or any other law against any official of the
United States or of any State to compel the release,
removal, or consideration for release or removal of any
alien.
``(F) Passenger information exchange.--The
government of the country enters into an agreement with
the United States to share information regarding
whether nationals of that country traveling to the
United States represent a threat to the security or
welfare of the United States or its citizens.'';
(B) in paragraph (5)--
(i) by striking ``Attorney General'' each
place it appears and inserting ``Secretary of
Homeland Security''; and
(ii) in subparagraph (A)(i)--
(I) in subclause (II), by striking
``and'' at the end;
(II) in subclause (III), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(IV) shall submit to Congress a
report regarding the implementation of
the electronic travel authorization
system under subsection (h)(3) and the
participation of new countries in the
program through a waiver under
paragraph (8).''; and
(C) by adding at the end the following:
``(10) Technical assistance.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist
those countries in meeting the requirements under this
section.'';
(3) in subsection (f)(5), by striking ``of blank'' and
inserting ``or loss of''; and
(4) in subsection (h), by adding at the end the following:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland Security,
in consultation with the Secretary of State, is
authorized to develop and implement a fully automated
electronic travel authorization system (referred to in
this paragraph as the `System') to collect such basic
biographical information as the Secretary of Homeland
Security determines to be necessary to determine, in
advance of travel, the eligibility of an alien to
travel to the United States under the program.
``(B) Fees.--The Secretary of Homeland Security may
charge a fee for the use of the System, which shall
be--
``(i) set at a level that will ensure
recovery of the full costs of providing and
administering the System; and
``(ii) available to pay the costs incurred
to administer the System.
``(C) Validity.--
``(i) Period.--The Secretary of Homeland
Security, in consultation with the Secretary of
State shall prescribe regulations that provide
for a period, not to exceed 3 years, during
which a determination of eligibility to travel
under the program will be valid.
Notwithstanding any other provision under this
section, the Secretary of Homeland Security may
revoke any such determination at any time and
for any reason.
``(ii) Limitation.--A determination that an
alien is eligible to travel to the United
States under the program is not a determination
that the alien is admissible to the United
States.
``(iii) Judicial review.--Notwithstanding
any other provision of law, no court shall have
jurisdiction to review an eligibility
determination under the System.
``(D) Report.--Not later than 60 days before
publishing notice regarding the implementation of the
System in the Federal Register, the Secretary of
Homeland Security shall submit a report regarding the
implementation of the System to--
``(i) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of
the Senate;
``(iii) the Select Committee on
Intelligence of the Senate;
``(iv) the Committee on Appropriations of
the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives;
``(vi) the Committee on the Judiciary of
the House of Representatives;
``(vii) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
``(viii) the Committee on Appropriations of
the House of Representatives.''.
(b) Effective Date.--Section 217(a)(11) of the Immigration and
Nationality Act, as added by subsection (a)(1)(B) shall take effect on
the date which is 60 days after the date on which the Secretary of
Homeland Security publishes notice in the Federal Register of the
requirement of such paragraph.
SEC. 5. EXIT SYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security shall
establish an exit system that records the departure on a flight leaving
the United States of every alien participating in the visa waiver
program established under section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187).
(b) System Requirements.--The system established under subsection
(a) shall--
(1) match biometric information of the alien against
relevant watch lists and immigration information; and
(2) compare such biometric information against manifest
information collected by air carriers on passengers departing
the United States to confirm such individuals have departed the
United States.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to Congress
that describes--
(1) the progress made in developing and deploying the exit
system established under this section; and
(2) the procedures by which the Secretary will improve the
manner of calculating the rates of nonimmigrants who violate
the terms of their visas by remaining in the United States
after the expiration of such visas.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act, and the amendments made by this Act. | Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that: (1) the United States should modernize the visa waiver program by enhancing program security requirements and extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; and (2) such expansion will have positive security, economic, and bilateral effects.
Amends the Immigration and Nationality Act with respect to the visa waiver program to authorize waiver of low visa refusal rate requirements for a country that meets security and counterterrorism cooperation requirements and has a sustained reduction in visa refusal rates.
Authorizes the Secretary of Homeland Security to consider: (1) specified security-related issues in determining whether to waive low visa refusal requirements; and (2) visa overstay rates in determining program eligibility.
Provides for the following program security enhancements: (1) implementation of an electronic travel authorization system which shall provide biographical information; (2) participant country reporting of lost and stolen passports to the U.S. government; (3) participant country acceptance of its citizens or nationals removed from the United States; and (4) security-related information exchange about a country's citizens or nationals traveling to the United States.
Requires the Secretary to establish an exit system that records the departure on a flight leaving the United States of every alien program participant. Requires that such system: (1) match an alien's biometric information against watch lists and immigration information; and (2) compare such biometric information against air carrier manifests to confirm departures. | {"src": "billsum_train", "title": "A bill to expand visa waiver program to countries on a probationary basis and for other purposes."} | 2,405 | 318 | 0.686211 | 2.10206 | 0.785315 | 3.650847 | 7.586441 | 0.925424 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Language Act of 2007''.
SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language.
``162. Official Government activities in English.
``163. Preserving and enhancing the role of the official language.
``164. Exceptions.
``Sec. 161. Declaration of official language
``English shall be the official language of the Government of the
United States.
``Sec. 162. Official government activities in English
``The Government of the United States shall conduct its official
business in English, including publications, income tax forms, and
informational materials.
``Sec. 163. Preserving and enhancing the role of the official language
``The Government of the United States shall preserve and enhance
the role of English as the official language of the United States of
America. Unless specifically stated in applicable law, no person has a
right, entitlement, or claim to have the Government of the United
States or any of its officials or representatives act, communicate,
perform or provide services, or provide materials in any language other
than English. If exceptions are made, that does not create a legal
entitlement to additional services in that language or any language
other than English. If any forms are issued by the Federal government
in a language other than English (or such forms are completed in a
language other than English), the English language version of the form
is the sole authority for all legal purposes.
``Sec. 164. Exceptions
``This chapter does not apply to the use of a language other than
English--
``(1) for religious purposes;
``(2) for training in foreign languages for international
communication; or
``(3) to programs in schools designed to encourage students
to learn foreign languages.
This chapter does not prevent the Government of the United States from
providing interpreters for persons over 62 years of age.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
SEC. 3. REPEAL OF BILINGUAL VOTING REQUIREMENTS.
(a) In General.--
(1) Bilingual election requirements.--Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(2) Voting rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
(b) Conforming Amendments.--
(1) References to section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(A) in section 204, by striking ``or 203,''; and
(B) in the first sentence of section 205, by
striking ``, 202, or 203'' and inserting ``or 202''.
(2) References to section 4.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.), as amended by the Fannie Lou Hamer,
Rosa Parks, and Coretta Scott King Voting Rights Act
Reauthorization and Amendments Act of 2006 (Public Law 109-
246), is amended--
(A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,
8(a)(2)(A), and 13(a)(1), by striking ``, or in
contravention of the guarantees set forth in section
4(f)(2)'';
(B) in paragraphs (1)(A) and (3) of section 4(a),
by striking ``or (in the case of a State or subdivision
seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the
guarantees of subsection (f)(2)''; and
(C) in paragraphs (1)(B) and (5) of section 4(a),
by striking ``or (in the case of a State or subdivision
which sought a declaratory judgment under the second
sentence of this subsection) that denials or
abridgments of the right to vote in contravention of
the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision''.
SEC. 4. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF
NEW CITIZENS.
Section 337(d) of the Immigration and Nationality Act (8 U.S.C.
1448(d)) is amended by adding at the end the following new sentence:
``All public ceremonies in which the oath of allegiance is administered
pursuant to this section shall be conducted solely in the English
language.''.
SEC. 5. NONPREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State. | National Language Act of 2007 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law.
Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. States that this does not prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt any state law. | {"src": "billsum_train", "title": "To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes."} | 1,171 | 275 | 0.629152 | 1.929504 | 0.862424 | 4.651452 | 4.232365 | 0.900415 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Refund Protection Act of 2015''.
SEC. 2. REGULATION OF TAX RETURN PREPARERS.
(a) In General.--Subchapter A of chapter 80 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 7812. REGULATION OF TAX RETURN PREPARERS.
``(a) In General.--The Secretary shall--
``(1) establish a program to license or certify tax return
preparers subject to this section,
``(2) regulate such tax return preparers, and
``(3) before licensing or certifying a person as a tax
return preparer subject to this section, require that the
person demonstrate--
``(A) good character,
``(B) good reputation,
``(C) necessary qualifications to enable the person
to provide to persons valuable service as a tax return
preparer, and
``(D) competency to perform the functions of a tax
return preparer.
``(b) Authority To Impose a Fee.--The Secretary shall require tax
return preparers subject to this section to pay a reasonable fee for
licensing or certification under this section.
``(c) Disclosure Requirements.--The Secretary shall, by rule,
require tax return preparers subject to this section to provide a
disclosure statement to taxpayers that shall contain statements--
``(1) identifying the amount of fees such tax return
preparer charges for preparing a Federal income tax return,
filing a Federal income tax return, or executing a refund
anticipation payment arrangement, and
``(2) identifying the average amount of time in which an
individual who files a Federal income tax return electronically
can expect to receive a refund by mail, according to
information provided by the Internal Revenue Service.
``(d) Disciplinary Procedures.--After notice and opportunity for a
hearing, the Secretary may take any enforcement action against a tax
return preparer subject to this section who--
``(1) is incompetent,
``(2) is disreputable,
``(3) violates regulations prescribed under this section,
or
``(4) with intent to defraud, willfully and knowingly
misleads or threatens a consumer.
``(e) Tax Return Preparer Subject to Section.--A tax return
preparer is subject to this section if such preparer is not subject to
section 330 of title 31, United States Code.
``(f) Definitions.--For purposes of this section--
``(1) Tax return preparer.--See section 7701(a)(36) for the
definition of a tax return preparer.
``(2) Refund anticipation payment arrangement.--The term
`refund anticipation payment arrangement' has the meaning given
such term by section 1029B(d)(2) of the Consumer Financial
Protection Act of 2010.''.
(b) Clerical Amendment.--The table of sections for subchapter A of
chapter 80 of the Internal Revenue Code of 1986 is amended by inserting
after the item related to section 7811 the following new item:
``Sec. 7812. Regulation of tax return preparers.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to returns filed after December 31, 2015.
SEC. 3. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS.
(a) In General.--Subtitle B of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481 et seq.) is amended by adding at the end
the following new section:
``SEC. 1029B. REGULATION OF REFUND ANTICIPATION PAYMENT ARRANGEMENTS.
``(a) In General.--The Bureau shall regulate refund anticipation
payment arrangements.
``(b) Disclosure Requirements.--The Bureau shall, by rule, require
tax return preparers subject to this section to provide a disclosure
statement to a consumer that shall contain statements--
``(1) identifying the amount of fees for executing a refund
anticipation payment arrangement;
``(2) describing, in the case of a refund anticipation
payment arrangement involving a depository account not
controlled by the consumer, the difference in days between the
average amount of time by which a consumer receives the tax
refund (in whole or in part) from a refund anticipation payment
arrangement and the average amount of time by which a consumer
who files a Federal income tax return electronically receives
the tax refund deposited directly to that consumer's deposit
account by the taxing authority;
``(3) that a refund anticipation payment arrangement is not
necessary to receive a tax refund; and
``(4) that, if a consumer does not receive a tax refund or
the amount of the tax refund is less than the amount
anticipated under the refund anticipation payment arrangement,
the consumer may be responsible for paying any fees and
interest associated with a refund anticipation payment
arrangement.
``(c) Requirements Under TILA.--The Bureau shall issue regulations
that, to the extent practicable, require tax return preparers that
enter into a refund anticipation payment arrangement to comply with
section 128 of the Truth in Lending Act (15 U.S.C. 1638) to the same
extent as a creditor making a consumer credit transaction other than
under an open end credit plan.
``(d) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Tax return preparer.--The term `tax return preparer
subject to this section' means a tax return preparer (as
defined in section 7701(a)(36) of the Internal Revenue Code of
1986) who is not subject to regulation under section 330 of
title 31, United States Code.
``(2) Refund anticipation payment arrangement.--The term
`refund anticipation payment arrangement' means an arrangement
under which, in exchange for Federal income tax preparation
services, a consumer agrees to pay a fee or interest upon
receipt of the consumer's tax refund to a tax return preparer,
lender, or other affiliated lender by--
``(A) requesting the Federal Government to deposit
such tax refund, in whole or in part, directly into a
depository account designated by either the consumer or
the tax return preparer, lender, or other affiliated
lender; or
``(B) directly paying the fee or interest to the
tax return preparer, lender, or other affiliated
lender.''.
(b) Clerical Amendment.--The table of contents of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.)
is amended by inserting after the item related to section 1029A the
following new item:
``Sec. 1029B. Regulation of refund anticipation payment arrangement.''.
(c) Exclusion for Certain Tax Preparers.--
(1) In general.--Section 1027(d)(1) of such Act is amended
by striking subparagraph (B).
(2) Conforming amendments.--Section 1027(d) of such Act is
further amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``and Tax
Preparers'';
(ii) by striking subparagraph (B);
(iii) by striking ``authority over'' and
all that follows through ``any person'' and
inserting ``authority over any person'';
(iv) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
by moving such subparagraphs 2 ems to the left;
(v) by redesignating subclauses (I) and
(II) as clauses (i) and (ii), respectively, and
by moving such clauses 2 ems to the left;
(vi) in subparagraph (A) (as redesignated),
by inserting ``(except as related to tax return
preparers pursuant to section 1029B)'' after
``tax''; and
(vii) in clause (ii) (as redesignated), by
striking ``; or'' and inserting a period; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``paragraph (1)(A)
or (1)(B)'' and inserting ``such
paragraph''; and
(II) by striking ``paragraph
(1)(A)'' each place it appears and
inserting ``paragraph (1)'';
(ii) in subparagraph (C)--
(I) by striking ``For purposes of
subparagraphs (A) and (B), a person
described in paragraph (1)(A)'' and
inserting ``A person described in
paragraph (1)''; and
(II) by striking ``clause (i) or
(ii) of paragraph (1)(A)'' and
inserting ``subparagraph (A) or (B) of
paragraph (1)''; and
(iii) in subparagraph (D), by striking
``described in paragraph (1)(A) or (1)(B)''.
SEC. 4. SPLIT REFUNDS MAY INCLUDE TAX RETURN PREPARER.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(m) Split Refunds.--An income tax refund requested on a return of
Federal income tax prepared by an income tax preparer may be split
between the preparer and the taxpayer in accordance with the split
requested by the taxpayer on the return, except that the amount
designated for the preparer may not exceed the amount prescribed by the
Secretary by regulation or other guidance. A split of an individual
income tax return under this subsection shall not be treated as
disreputable conduct merely because the taxpayer requested such
split.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to returns for taxable years ending after the date
of the enactment of this Act.
SEC. 5. REGULATIONS.
Regulations issued under section 7812 of the Internal Revenue Code
of 1986, as added by section 2, and regulations issued under section
1029B of the Consumer Financial Protection Act of 2010, as added by
section 3, should be coordinated to the extent practicable. | Tax Refund Protection Act of 2015 This bill amends the Internal Revenue Code to direct the Department of the Treasury to establish a program to license or certify and regulate tax return preparers. The program must: (1) require that the tax return preparer demonstrate good character, good reputation, necessary qualifications to enable the preparer to provide valuable service to persons as a tax return preparer, and competency; (2) require preparers to make certain disclosures relating to fees charged for tax preparation and the average amount of time expected to receive a tax refund; and (3) authorize Treasury to take enforcement action against a tax return preparer for incompetency or wrongdoing. The bill also amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to regulate refund anticipation payment arrangements. A refund anticipation payment arrangement is defined as an arrangement under which, in exchange for tax preparation services, a taxpayer agrees to pay a fee or interest upon receipt of a tax refund to a preparer or lender either by a direct payment to a preparer or lender or by direct deposit to a designated account. The CFPB shall require tax return preparers to provide a disclosure statement to a consumer about the arrangement and shall promulgate regulations that require preparers to comply with the disclosure requirements of the Truth in Lending Act. Finally, the bill allows an income tax refund requested on a tax return prepared by an income tax preparer to be split between the preparer and the taxpayer and prohibits the treatment of such a split as disreputable conduct merely because the taxpayer requested such split. | {"src": "billsum_train", "title": "Tax Refund Protection Act of 2015"} | 2,361 | 350 | 0.671962 | 2.311389 | 0.810149 | 3.255892 | 6.868687 | 0.892256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women and Minorities in STEM Booster
Act of 2016''.
SEC. 2. GRANT PROGRAM TO INCREASE THE PARTICIPATION OF WOMEN AND
UNDERREPRESENTED MINORITIES IN STEM FIELDS.
(a) Findings.--Congress finds the following:
(1) According to the National Academy of Sciences, STEM
education at the undergraduate level is vital to developing a
workforce that will allow the United States to remain the
leader in the 21st century global economy.
(2) According to the 2013 American Community Survey Report
on disparities in STEM employment, women comprise about half of
the United States workforce but only make up 26 percent of STEM
workers.
(3) According to the National Center of Education
Statistics, women were more likely than men to switch out of
STEM majors--32 percent vs. 26 percent.
(4) According to the 2010 Association of American
University Women report ``Why So Few?'' approximately 52
percent of women in STEM fields quit their jobs about 10 years
into their careers. It is important for gender equality to
increase the retention of women in STEM fields, as women in
STEM careers earn 33 percent more than those in non-STEM jobs,
and have a smaller wage gap relative to men.
(5) According to recent Census Bureau projections,
minorities will account for 57 percent of the United States
population by 2060. According to the National Action Council
for Minorities in Engineering, Inc., as the United States works
to remain competitive in the world of technological innovation,
the United States should address the need to increase the
number of individuals from underrepresented minority segments
of the population who work in engineering.
(6) The Higher Education Research Institute at the
University of California, Los Angeles, found that, while
freshmen from underrepresented minority groups express an
interest in pursuing a STEM undergraduate degree at the same
rate as all other freshmen, only 22.1 percent of Latino
students, 18.4 percent of African-American students, and 18.8
percent of Native American students studying in STEM fields
complete their degree within 5 years, compared to an
approximate 33 percent and 42 percent 5-year completion rate
for White and Asian students, respectively.
(7) According to the 2015 Asian Americans Advancing Justice
report ``Making America Work'', data on Asian Americans and
Pacific Islanders (AAPIs) on average hide the fact that some
subgroups are underrepresented in STEM fields. For example:
only 9 percent of Cambodian, 8 percent of Laotian, 8 percent of
Hmong, and 7 percent of Native Hawaiian and Pacific Islander
workers hold STEM jobs, compared to 12 percent of the total
American population holding STEM jobs.
(8) According to 3-year estimates from the 2013 American
Community Survey, Southeast Asian Americans and Pacific
Islanders have higher poverty rates and lower educational
attainment rates compared to the overall population. Fifteen
percent of the overall population lives below the Federal
poverty level, while 21 percent of Pacific Islanders, 21
percent of Cambodian, 26 percent of Hmong, 17 percent of
Laotian, and 16 percent of Vietnamese community members live in
poverty. Compared to 29 percent of the overall population with
a bachelor's degree or higher, members of Pacific Islanders,
Cambodian, Hmong, Lao, and Vietnamese communities only have a
bachelor's degree or higher at rates of 15 percent, 16 percent,
16 percent, 13 percent, and 27 percent, respectively. Levels of
poverty and postsecondary educational attainment correlate with
these groups' underrepresentation in STEM employment. Other
Asian American and Pacific Islander subgroups with similar
poverty and educational attainment rates are similarly
underrepresented in STEM employment.
(9) A 2014 National Center for Education Statistics study
found that women and underrepresented minorities leave the STEM
fields at higher rates than their counterparts, leading to a
need to develop resources to retain these groups in the STEM
fields.
(b) Program Authorized.--The Director of the National Science
Foundation shall award grants to eligible entities, on a competitive
basis, to enable such eligible entities to carry out the activities
described in subsection (d), in order to increase the participation of
women and underrepresented minorities in the fields of science,
technology, engineering, and mathematics.
(c) Application.--Each eligible entity that desires to receive a
grant under this section shall submit an application to the National
Science Foundation at such time, in such manner, and containing such
information as the Director of the National Science Foundation may
reasonably require.
(d) Authorized Activities.--An eligible entity that receives a
grant under this section shall use such grant funds to carry out one or
more of the following activities designed to increase the participation
of women or minorities underrepresented in science and engineering, or
both:
(1) Online workshops.
(2) Mentoring programs that partner science, technology,
engineering, or mathematics professionals with students.
(3) Internships for undergraduate and graduate students in
the fields of science, technology, engineering, and
mathematics.
(4) Conducting outreach programs that provide elementary
school and secondary school students with opportunities to
increase their exposure to the fields of science, technology,
engineering, or mathematics.
(5) Programs to increase the recruitment and retention of
underrepresented faculty.
(6) Such additional programs as the Director of the
National Science Foundation may determine.
(e) Definitions.--In this Act--
(1) the term ``minority'' means American Indian, Alaskan
Native, Black (not of Hispanic origin), Hispanic (including
persons of Mexican, Puerto Rican, Cuban, and Central or South
American origin), Asian (including underrepresented subgroups),
Native Hawaiian, Pacific Islander origin subgroup, or other
ethnic group underrepresented in science and engineering; and
(2) the term ``underrepresented in science and
engineering'' means a minority group whose number of scientists
and engineers per 10,000 population of that group is
substantially below the comparable figure for scientists and
engineers who are White and not of Hispanic origin, as
determined by the Secretary of Education under section 637.4(b)
of title 34, Code of Federal Regulations.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2017, 2018, 2019, 2020, and 2021. | Women and Minorities in STEM Booster Act of 2016 This bill requires the National Science Foundation to award competitive grants to enable eligible entities to carry out the activities specified below in order to increase the participation of women and underrepresented minorities in the fields of science, technology, engineering, and mathematics (STEM). An eligible entity that receives a grant shall use grant funds to carry out one or more of the following activities designed to increase the participation of women or minorities underrepresented in science and engineering, or both: online workshops, mentoring programs that partner STEM professionals with students, internships for undergraduate and graduate students in STEM fields, outreach programs providing elementary and secondary school students with opportunities to increase their exposure to STEM fields, and programs to increase the recruitment and retention of underrepresented faculty. | {"src": "billsum_train", "title": "Women and Minorities in STEM Booster Act of 2016"} | 1,347 | 161 | 0.450781 | 1.301215 | 0.765607 | 5.529032 | 8.348387 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saving Family Homes Act of 2008''.
SEC. 2. RIGHT TO RENT HOME SUBJECT TO FORECLOSURE.
(a) Exercise of Right.--If, at any time after notice under
subsection (b) for an eligible mortgage is provided to the eligible
mortgagor and before the commencement of the 7-day period that ends on
the first date that the foreclosing creditor may first commence or
execute such foreclosure pursuant to such notice, the eligible
mortgagor under the eligible mortgage that is subject to such
foreclosure provides notice in accordance with section 3,
notwithstanding such foreclosure or any other interests in the
property, the eligible mortgagor may, at the sole option of the
eligible mortgagor, continue to occupy the foreclosed property during
the 20-year period that begins upon the commencement of such occupancy,
subject to the requirements of subsection (c).
(b) Limitation on Timing of Foreclosure; Notice of Default and
Right To Rent.--Notwithstanding any other provision of law or any
contract, a foreclosure of an eligible mortgage may not be commenced or
executed before the expiration of the 28-day period beginning upon the
receipt, by the eligible mortgagor, of written notice provided by the
foreclosing creditor for the mortgage that--
(1) clearly states that--
(A) the eligible mortgagor is in default on the
mortgage; and
(B) foreclosure on the mortgage may or will be
commenced on account of such default;
(2) clearly states that the eligible mortgagor has the
right, notwithstanding foreclosure, to continue to occupy the
foreclosed property in accordance with this Act, and sets forth
the terms of such occupancy under subsections (a) and (c); and
(3) identifies the first date, pursuant to this section and
any other provisions of law and contract, that such foreclosure
may be commenced.
(c) Terms of Periodic Tenancy.--Occupancy, by an eligible
mortgagor, of a foreclosed property pursuant to subsection (a) shall be
under a periodic month-to-month tenancy under which the owner of the
property may terminate the tenancy for material breach but shall have
no authority, at will, to terminate the tenancy during the occupancy
pursuant to subsection (a) if the mortgagor--
(1) timely pays to the owner of the foreclosed property
rent on a monthly basis in the amount of the fair market rent
for the property determined in accordance with section 4; and
(2) uses property as the principal residence of the
mortgagor.
SEC. 3. REQUIRED NOTICE.
With respect to an eligible mortgage for which notice under
subsection (b) has been provided, notice in accordance with this
section is notice that--
(1) is made in writing;
(2) is submitted to--
(A) the court having jurisdiction and venue to
conduct the covered foreclosure proceeding for the
eligible mortgage or, in the case of nonjudicial
foreclosure, the court in which an action is brought
pursuant to section 5; and
(B) the foreclosing creditor; and
(3) states that the eligible mortgagor is exercising the
authority under section 2(a) to continue to occupy the
foreclosed property.
SEC. 4. DETERMINATION OF FAIR MARKET RENT.
(a) Initial Determination.--For purposes of this Act, the fair
market rent for a foreclosed property involved in a covered foreclosure
proceeding shall be the amount that is determined by an independent
appraiser who is licensed or certified, as applicable, to conduct
appraisals in the jurisdiction in which the property is located, who
shall be appointed for such purpose by the court conducting such
proceeding or hearing an action pursuant to section 5.
(b) Periodic Adjustments.--The fair market rent determined under
subsection (a) for a foreclosed property shall be adjusted annually to
reflect changes in the owners' equivalent rent of primary residence
component, for the appropriate city, region, or class of city, as
available, of the Consumer Price Index for All Urban Consumers of the
Bureau of Labor Statistics of the Department of Labor.
(c) Redetermination.--If the owner of a foreclosed property or the
eligible mortgagor under the eligible mortgage requests the court
described in subsection (a) to redetermine the fair market rent for a
foreclosed property determined pursuant to this section (as such amount
may have been adjusted pursuant to subsection (b)) and agrees to pay
any costs of such redetermination (including costs of the appraisal
involved), the court shall provide for redetermination of the fair
market rent for the foreclosed property in the manner provided under
subsection (a), except that no such redetermination shall be made
pursuant to a request under this subsection made before the expiration
of the 12-month period beginning upon the most recent redetermination
conducted at the request of the same party.
SEC. 5. NONJUDICIAL FORECLOSURE PROCEEDINGS.
In the case of any covered foreclosure proceeding that is not
conducted or administered by a court, the eligible mortgagor may bring
an action in an appropriate court of the State in which the foreclosed
property is located for a determination of fair market rent for the
foreclosed property for purposes of this Act, by filing notice in
accordance with section 3 with such court and otherwise complying with
the rules of such court.
SEC. 6. NO BAR TO FORECLOSURE.
This Act may not be construed to delay, or otherwise modify,
affect, or alter any right of a creditor under an eligible mortgage to
foreclose on the mortgage and to sell the foreclosed property in
connection with such foreclosure, except that the right of any owner of
the property to possession of the property shall be subject to the
leasehold interest established pursuant to section 2(c).
SEC. 7. RIGHT TO REINSTATEMENT.
This Act may not be construed to affect any right of any eligible
mortgagor to reinstatement of an eligible mortgage, including any right
established under contract or State law.
SEC. 8. JURISDICTION OF FEDERAL COURTS.
At the option of the eligible mortgagor, a proceeding under section
4 or 5 shall be removed to the appropriate district court of the United
States in accordance with section 1441 of title 28, United States Code.
SEC. 9. EFFECT ON STATE LAW.
This Act does not annul, alter, affect, or exempt any person
subject to the provisions of this Act from complying with the laws of
any State regarding foreclosure on residential properties, except to
the extent that such laws are inconsistent with any provision of this
Act, and then only to the extent of such inconsistency.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) Covered foreclosure proceeding.--The term ``covered
foreclosure proceeding'' means a foreclosure proceeding with
respect to an eligible mortgage, and includes any foreclosure
proceeding authorized under the law of the applicable State,
including judicial and non-judicial foreclosure proceedings.
(2) Eligible mortgagor.--The term ``eligible mortgagor''
means a mortgagor under an eligible mortgage.
(3) Eligible mortgage.--The term ``eligible mortgage''
means a first mortgage--
(A) on property that--
(i) is a single family property; and
(ii) has been used as the principal
residence of the eligible mortgagor for a
period of not less than 2 years immediately
preceding the initiation of the covered
foreclosure proceeding involved;
(B) that was made in connection with the purchase
of the property by the mortgagor for a purchase price
that is less than the median purchase price for
residences that are located in--
(i) the same metropolitan statistical area;
or
(ii) if the property is not located in a
metropolitan statistical area or information
for the area is not available, the same State;
and
(C) that was originated before July 1, 2007.
For purposes of subparagraph (B), the median purchase price of
residences located within a metropolitan area or State shall be
determined according to information collected and made
available by the National Association of Realtors for such area
or State for the most recently completed month for which such
information is available.
(4) Foreclosed property.--The term ``foreclosed property''
means, with respect to a covered foreclosure proceeding, the
single family property that is subject to the eligible mortgage
being foreclosed under the proceeding.
(5) Foreclosing creditor.--The term ``foreclosing
creditor'' means, with respect to a covered foreclosure
proceeding, the creditor that is foreclosing the eligible
mortgage through such proceeding.
(6) Owner.--The term ``owner'' means, with respect to a
foreclosed property, the person who has title to the property
pursuant to the foreclosure proceeding for the property, and
any successor or assign of such person.
(7) Single family property.--The term ``single family
property'' means--
(A) a structure consisting of 1 to 4 dwelling
units;
(B) a dwelling unit in a multi-unit condominium
property together with an undivided interest in the
common areas and facilities serving the property; or
(C) a dwelling unit in a multi-unit project for
which purchase of stock or a membership interest
entitles the purchaser to permanent occupancy of that
unit.
SEC. 11. APPLICABILITY AND SUNSET.
(a) Applicability.--Subject to subsection (b), this Act shall apply
to any covered foreclosure proceeding that has not been finally
adjudicated as of the date of the enactment of this Act.
(b) Sunset.--This Act shall not apply to any foreclosure proceeding
commenced after the expiration of the 5-year period beginning on the
date of the enactment of this Act. | Saving Family Homes Act of 2008 - Grants eligible mortgagors subject to foreclosure proceedings the right to continue to occupy forclosed properties subject to the payment of fair market rent for a period of 20 years that begins upon the commencement of occupancy of such property. | {"src": "billsum_train", "title": "To allow homeowners of moderate-value homes who are subject to mortgage foreclosure proceedings to remain in their homes as renters."} | 2,243 | 60 | 0.595857 | 1.563917 | 0.670637 | 3.297872 | 41.851064 | 0.914894 |
SECTION 1. FINDINGS.
(a) Findings.--Congress makes the following findings:
(1) In section 1412 of the Department of Defense
Authorization Act, 1986 (Public Law 99-145; 50 U.S.C. 1521),
Congress required the Secretary of Defense to carry out the
destruction of the United States stockpile of lethal chemical
agents and munitions. In subsection (c)(1)(A) of that section,
Congress required that the Secretary, in carrying out the
stockpile elimination, provide for maximum protection for the
environment, the general public, and the personnel involved in
the destruction of lethal chemical agents and munitions.
(2) In order to carry out the statutory requirement to
provide maximum protection for the general public while
carrying out the destruction of the chemical munitions
stockpile, the Secretary of the Army, as executive agent for
the chemical munitions stockpile destruction program,
established the Chemical Stockpile Emergency Preparedness
Program (CSEPP) to enhance the capabilities of local
communities to respond to an emergency arising from a chemical
munitions stockpile site. In furtherance of that emergency
preparedness program, the Secretary entered into an agreement
with the Federal Emergency Management Agency to provide Federal
emergency response funds and assistance to State and local
emergency management agencies for the purpose of that program.
(3) The Comptroller General of the United States, in a
report to Congress in February 1994 entitled ``Chemical Weapons
Stockpile: Army's Emergency Preparedness Program Has Been Slow
To Achieve Results'' (GAO NSIAD-94-91), reported the following:
(A) Although the Army has worked for five years and
spent about $200,000,000, communities near chemical
weapons storage sites are not yet prepared to respond
to a chemical emergency.
(B) The Chemical Stockpile Emergency Preparedness
Program has experienced delays in acquiring and
installing essential equipment, such as warning sirens
and automated systems.
(C) Although planning documents for the Chemical
Stockpile Emergency Preparedness Program identify
requirements for installation of warning sirens to
alert surrounding communities, for tone alert radios to
provide instructions on what protective actions to
take, for computer automation to help local officials
plan for evacuations, and for sheltering-in-place for
persons who, because of their proximity to the chemical
weapons storage site, would not have time to evacuate,
the communities involved do not yet have the equipment
needed to perform these tasks.
(D) Weaknesses in program management have
contributed to program delays.
(E) Officials in many of the States and counties
visited by investigators of the General Accounting
Office for purposes of the Comptroller General's report
said that, because of the lack of guidance and
standards, they are unable to complete their emergency
response plans.
(F) Delays in acquiring and installing warning
sirens and tone alert radios have occurred for several
reasons, including disputes between some counties and
the State or the Federal Emergency Management Agency
over the numbers and placement of the sirens.
(G) Although the Federal Emergency Management
Agency has administered nearly 70 percent of funds
allocated for the Chemical Stockpile Emergency
Preparedness Program--$130,000,000 out of a total of
$200,000,000--it could not accurately account for how
those funds were spent.
(b) Conclusion.--In light of the findings in subsection (a),
Congress is greatly concerned that the funds being provided for the
Chemical Stockpile Emergency Preparedness Program are not being
allocated to provide the maximum protection for the general public as
required by section 1512(c)(1)(A) of Public Law 99-145.
SEC. 2. REPORT ON EXPENDITURES.
(a) Report Requirement.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Army shall submit to
the Committee on National Security of the House of Representatives and
the Committee on Armed Services of the Senate a report on expenditures
for the Chemical Stockpile Emergency Preparedness Program since 1986.
(b) Accounting Requirement.--The report shall contain a detailed
accounting of all expenditures related to the Chemical Stockpile
Emergency Preparedness Program, shown by expenditures for
administration, personnel (including those on the State and local
level), travel, contract work, communications, automation, alert and
notification devices, and emergency operations centers.
(c) Justification.--The report shall include a justification for
all of the monies expended for the Chemical Stockpile Emergency
Preparedness Program administration, as well as a detailed plan for
reducing administrative costs under that program in order to allow more
money to pass to the communities near chemical stockpile sites in
pursuance of the statutory requirement that the Secretary of Defense,
in carrying out the chemical munitions stockpile destruction program,
provide for maximum protection for the general public.
SEC. 3. PLACEMENT OF ADDITIONAL WARNING SIRENS.
In order to expedite accomplishment of the statutory requirement
that the Secretary of Defense, in carrying out the chemical munitions
stockpile destruction program, provide maximum protection to the
general public, the Secretary of the Army shall approve immediate
placement of a minimum of three additional outdoor sirens in every
county in the United States that is situated within a designated
Immediate Response Zone (IRZ) and Protective Action Zone (PAZ) covered
by the Chemical Stockpile Emergency Preparedness Program. Those sirens
shall be placed within each such county at the discretion of the
director of the county Emergency Management Agency. Funds for the
sirens shall be provided from funds available for the Chemical
Stockpile Emergency Preparedness Program. | Directs the Secretary of the Army to report to specified congressional committees on expenditures for the Chemical Stockpile Emergency Preparedness Program since 1986, requiring: (1) an accounting for the various expenses under the Program; and (2) a justification for all Program administrative expenses.
Directs the Secretary to approve immediate placement of a minimum of three additional outdoor sirens (to warn local citizens of possible emergencies arising out of the destruction of chemical munitions at a stockpile site) in every county in the United States that is situated within a designated immediate response and protective action zone. Requires funds for the sirens to be provided from Program funding. | {"src": "billsum_train", "title": "To require the Secretary of the Army to submit to Congress a report regarding the management of the Chemical Stockpile Emergency Preparedness Program and to require that additional emergency warning sirens be provided for communities near chemical stockpile sites."} | 1,215 | 142 | 0.518941 | 1.538823 | 0.639322 | 3.710744 | 9 | 0.867769 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short title.--This Act may be cited as the ``Petroleum Consumer
Price Gouging Protection Act''.
(b) Table of contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Prohibition on price gouging during energy emergencies.
Sec. 4. Prohibition on market manipulation.
Sec. 5. Prohibition on false information.
Sec. 6. Presidential declaration of energy emergency.
Sec. 7. Enforcement by the Federal Trade Commission.
Sec. 8. Enforcement by State Attorneys General.
Sec. 9. Penalties.
Sec. 10. Effect on other laws.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affected area.--The term ``affected area'' means an
area covered by a Presidential declaration of energy emergency.
(2) Supplier.--The term ``supplier'' means any person
engaged in the trade or business of selling or reselling, at
retail or wholesale, or distributing crude oil, gasoline, or
petroleum distillates.
(3) Price gouging.--The term ``price gouging'' means the
charging of an unconscionably excessive price by a supplier in
an affected area.
(4) Unconscionably excessive price.--The term
``unconscionably excessive price'' means a price charged in an
affected area for crude oil, gasoline, or petroleum distillates
that--
(A)(i) represents a gross disparity between the
price at which it was offered for sale in the usual
course of the supplier's business immediately prior to
the President's declaration of an energy emergency;
(ii) grossly exceeds the price at which the same or
similar crude oil, gasoline, or petroleum distillate
was readily obtainable by other purchasers in the
affected area; or
(iii) represents an exercise of unfair leverage or
unconscionable means on the part of the supplier,
during a period of declared energy emergency; and
(B) is not attributable to increased wholesale or
operational costs outside the control of the supplier,
incurred in connection with the sale of crude oil,
gasoline, or petroleum distillates.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
SEC. 3. PROHIBITION ON PRICE GOUGING DURING ENERGY EMERGENCIES.
(a) In General.--During any energy emergency declared by the
President under section 6 of this Act, it is unlawful for any supplier
to sell, or offer to sell, crude oil, gasoline, or petroleum
distillates in, or for use in, the area to which that declaration
applies at an unconscionably excessive price.
(b) Factors Considered.--In determining whether a violation of
subsection (a) has occurred, there shall be taken into account, among
other factors, the price that would reasonably equate supply and demand
in a competitive and freely functioning market.
SEC. 4. PROHIBITION ON MARKET MANIPULATION.
It is unlawful for any person, directly or indirectly, to use or
employ, in connection with the purchase or sale of crude oil, gasoline,
or petroleum distillates at wholesale, any manipulative or deceptive
device or contrivance, in contravention of such rules and regulations
as the Commission may prescribe as necessary or appropriate in the
public interest or for the protection of United States citizens.
SEC. 5. PROHIBITION ON FALSE INFORMATION.
(a) In General.--It is unlawful for any person to report
information related to the wholesale price of crude oil, gasoline, or
petroleum distillates to the Commission if--
(1) that person knew, or reasonably should have known, the
information to be false or misleading;
(2) the information was required by law to be reported; and
(3) the person intended the false or misleading data to
affect data compiled by the Commission for statistical or
analytical purposes with respect to the market for crude oil,
gasoline, or petroleum distillates.
SEC. 6. PRESIDENTIAL DECLARATION OF ENERGY EMERGENCY.
(a) In General.--If the President finds that the health, safety,
welfare, or economic well-being of the citizens of the United States is
at risk because of a shortage or imminent shortage of adequate supplies
of crude oil, gasoline, or petroleum distillates due to a disruption in
the national distribution system for crude oil, gasoline, or petroleum
distillates (including such a shortage related to a major disaster (as
defined in section 102(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122(2))), or significant pricing
anomalies in national energy markets for crude oil, gasoline, or
petroleum distillates, the President may declare that a Federal energy
emergency exists.
(b) Scope and Duration.--The emergency declaration shall specify--
(1) the period, not to exceed 30 days, for which the
declaration applies;
(2) the circumstance or condition necessitating the
declaration; and
(3) the area or region to which it applies, which, for the
48 contiguous states may not be limited to a single State.
(c) Extensions.--The President may--
(1) extend a declaration under subsection (a) for a period
of not more than 30 days; and
(2) extend such a declaration more than once.
SEC. 7. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Enforcement.--This Act shall be enforced by the Federal Trade
Commission. In enforcing section 3 of this Act, the Commission shall
give priority to enforcement actions concerning companies with total
United States wholesale or retail sales of crude oil, gasoline, and
petroleum distillates in excess of $500,000,000 per year but shall not
exclude enforcement actions against companies with total United States
wholesale sales of $500,000,000 or less per year.
(b) Violation is Unfair or Deceptive Act or Practice.--The
violation of any provision of this Act shall be treated as an unfair or
deceptive act or practice proscribed under a rule issued under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)).
(c) Commission Actions.--Following the declaration of an energy
emergency by the President under section 6 of this Act, the Commission
shall--
(1) establish within the Commission--
(A) a toll-free hotline that a consumer may call to
report an incident of price gouging in the affected
area; and
(B) a program to develop and distribute to the
public informational materials to assist residents of
the affected area in detecting and avoiding price
gouging;
(2) consult with the Attorney General, the United States
Attorney for the districts in which a disaster occurred (if the
declaration is related to a major disaster), and State and
local law enforcement officials to determine whether any
supplier in the affected area is charging or has charged an
unconscionably excessive price for crude oil, gasoline, or
petroleum distillates in the affected area; and
(3) conduct an investigation to determine whether any
supplier in the affected area has violated section 3 of this
Act, and upon such finding, take any action the Commission
determines to be appropriate to remedy the violation.
SEC. 8. ENFORCEMENT BY STATE ATTORNEYS GENERAL.
(a) In General.--A State, as parens patriae, may bring a civil
action on behalf of its residents in an appropriate district court of
the United States to enforce the provisions of section 3 of this Act,
or to impose the civil penalties authorized by section 9 for violations
of section 3, whenever the attorney general of the State has reason to
believe that the interests of the residents of the State have been or
are being threatened or adversely affected by a supplier engaged in the
sale or resale, at retail or wholesale, or distribution of crude oil,
gasoline, or petroleum distillates in violation of section 3 of this
Act.
(b) Notice.--The State shall serve written notice to the Commission
of any civil action under subsection (a) prior to initiating the
action. The notice shall include a copy of the complaint to be filed to
initiate the civil action, except that if it is not feasible for the
State to provide such prior notice, the State shall provide such notice
immediately upon instituting the civil action.
(c) Authority to Intervene.--Upon receiving the notice required by
subsection (b), the Commission may intervene in the civil action and,
upon intervening--
(1) may be heard on all matters arising in such civil
action; and
(2) may file petitions for appeal of a decision in such
civil action.
(d) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this section shall prevent the attorney
general of a State from exercising the powers conferred on the Attorney
General by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(e) Venue; Service of Process.--In a civil action brought under
subsection (a)--
(1) the venue shall be a judicial district in which--
(A) the defendant operates;
(B) the defendant was authorized to do business; or
(C) where the defendant in the civil action is
found;
(2) process may be served without regard to the territorial
limits of the district or of the State in which the civil
action is instituted; and
(3) a person who participated with the defendant in an
alleged violation that is being litigated in the civil action
may be joined in the civil action without regard to the
residence of the person.
(f) Limitation on State Action while Federal Action is Pending.--If
the Commission has instituted a civil action or an administrative
action for violation of this Act, a State attorney general, or official
or agency of a State, may not bring an action under this section during
the pendency of that action against any defendant named in the
complaint of the Commission or the other agency for any violation of
this Act alleged in the Commission's civil or administrative action.
(g) No Preemption.--Nothing contained in this section shall
prohibit an authorized State official from proceeding in State court to
enforce a civil or criminal statute of that State.
SEC. 9. PENALTIES.
(a) Civil Penalty.--
(1) In general.--In addition to any penalty applicable
under the Federal Trade Commission Act, any supplier--
(A) that violates section 4 or section 5 of this
Act is punishable by a civil penalty of not more than
$1,000,000; and
(B) that violates section 3 of this Act is
punishable by a civil penalty of--
(i) not more than $500,000, in the case of
an independent small business marketer of
gasoline (within the meaning of section 324(c)
of the Clean Air Act (42 U.S.C. 7625(c))); and
(ii) not more than $5,000,000 in the case
of any other supplier.
(2) Method of assessment.--The penalties provided by
paragraph (1) shall be assessed in the same manner as civil
penalties imposed under section 5 of the Federal Trade
Commission Act (15 U.S.C. 45).
(3) Multiple offenses; mitigating factors.--In assessing
the penalty provided by subsection (a)--
(A) each day of a continuing violation shall be
considered a separate violation; and
(B) the Commission shall take into consideration
the seriousness of the violation and the efforts of the
person committing the violation to remedy the harm
caused by the violation in a timely manner.
(b) Criminal Penalty.--Violation of section 3 of this Act is
punishable by a fine of not more than $5,000,000, imprisonment for not
more than 5 years, or both.
SEC. 10. EFFECT ON OTHER LAWS.
(a) Other Authority of the Commission.--Nothing in this Act shall
be construed to limit or affect in any way the Commission's authority
to bring enforcement actions or take any other measure under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other
provision of law.
(b) State Law.--Nothing in this Act preempts any State law. | Petroleum Consumer Price Gouging Protection Act - Declares it unlawful for a supplier to sell crude oil, gasoline, or petroleum distillates at an unconscionably excessive price in an area the President declares an energy emergency area.
States it is unlawful for any person to employ, in connection with the wholesale purchase or sale of crude oil, gasoline, or petroleum distillates, any manipulative or deceptive device or contrivance in contravention of Federal Trade Commission (FTC) rules.
States it is unlawful for any person to report information to the FTC related to the wholesale price of crude oil, gasoline, or petroleum distillates if the person: (1) knows, or reasonably should know, the information to be false or misleading; and (2) intends the false or misleading data to affect market data compiled by the FTC for statistical or analytical purposes.
Authorizes the President to declare a federal energy emergency if the well-being of U.S. citizens is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, or petroleum distillates because of: (1) a disruption in the national distribution system; or (2) significant pricing anomalies in the national energy markets for such products.
Empowers the FTC and state attorneys general to enforce this Act.
Declares that this Act does not preempt state law.
Sets forth civil and criminal penalties for violations of this Act. | {"src": "billsum_train", "title": "A bill to protect the welfare of consumers by prohibiting price gouging with respect to gasoline and petroleum distillates during natural disasters and abnormal market disruptions, and for other purposes."} | 2,710 | 297 | 0.63647 | 1.937284 | 0.794598 | 4.213483 | 9.258427 | 0.932584 |
OFFICERS.
``The State Administrator shall establish a Problem Resolution
Office. Problem Resolution Officers shall have the authority to
investigate taxpayer complaints and enjoin collection activity if, in
the opinion of the Problem Resolution Officer, said collection activity
is reasonably likely to not be in compliance with law. Said
administrative injunction may only be reversed by the highest official
in the relevant State or Federal taxing authority or by its General
Counsel upon a finding that the collection activity is justified by
clear and convincing evidence. The authority to reverse this
administrative injunction may not be delegated. Problem Resolution
Officers shall not be disciplined or adversely affected for the
issuance of administrative injunctions unless a pattern or issuing
injunctions that are manifestly unreasonable is proven in an
administrative hearing. Nothing in this section shall limit the
authority of the State Administrators or the taxpayer to pursue any
legal remedy in any court with jurisdiction over the dispute at issue.
``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION.
``(a) Allocation Rules.--For purposes of allocating revenue between
or among administering states from taxes imposed by this subtitle, the
revenue shall be allocated to those states that are the destination of
the taxable property or services. The destination of the purchase of
taxable property and services shall be determined in accordance with
this section.
``(b) Federal Office of Revenue Allocation.--The Secretary shall
establish an Office of Revenue Allocation to arbitrate any claims or
disputes among administering states as to the destination of taxable
property and services for purposes of allocating revenue between or
among the states from taxes imposed by this subtitle. The determination
of the Administrator of the Office of Revenue Allocation shall be
subject to judicial review in any federal court with competent
jurisdiction provided, however, that the standard of review shall be
abuse of discretion.
``(c) Tangible Personal Property.--The destination of tangible
personal property shall be the state or territory in which the property
was first delivered to the purchaser. Tangible personal property
shipped by means of the mail or common carrier shall be deemed
delivered to the location of the purchaser for purposes of this
subsection upon shipment by mail or common carrier.
``(d) Real Property.--The destination of real property or rents or
leaseholds on real property shall be state or territory in which the
real property is located.
``(e) Other Property.--The destination of other property shall be
residence of the purchaser.
``(f) Services.--
``(1) General rule.--The destination of services shall be
state or territory in which the use, consumption or enjoyment
of the services occurred. Allocation of service invoices
relating to more than one jurisdiction shall be on the basis of
time.
``(2) Telecommunications services.--The destination of
telecommunications services shall be the residence of the
purchaser. Telecommunications services shall include telephone,
telegraph, cable television, satellite and computer on-line or
network services.
``(3) Domestic transportation services.--For transportation
services where all of the final destinations are within the
United States, the destination of transportation services shall
be the final destination of the trip (in the case of round or
multiple trip fares, the services amount shall be equally
allocated among the final destinations).
``(4) International transportation services.--For
transportation services where the final destination or origin
of the trip is without the United States, the service amount
shall be deemed 50 percent attributable to the United States
destination or origin.
``(g) Financial Intermediation Services.--The destination of
financial intermediation services shall be the residence of the
purchase.
``(h) A State Tax Administrator shall have jurisdiction over any
gross payments made which have a destination (as determined in
accordance with this section) within the state of said State Tax
Administrator. This grant of jurisdiction is not exclusive of other
jurisdiction that said State Tax Administrator may have.
``(i) Rents and Royalties Paid for the Lease of Tangible
Property.--
``(1) General rule.--The destination of rents and royalties
paid for the lease of tangible property shall be where the
property is located.
``(2) Vehicles.--The destination of rent and lease payments
on vehicles shall be--
``(A) in the case of rentals and leases of a term
one month or less, the location where the vehicle was
originally delivered to the lessee; and
``(B) in the case of rentals and leases of a term
greater than one month, the residence of the lessee.
``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY.
``(a) In General.--For each purchase of taxable property or
services for which a tax is imposed pursuant to section 1, the sales
tax shall be charged separately from the purchase price by the vendor
or seller. For purchase of taxable property or services for which a tax
is imposed pursuant to section 1, the vendor shall provide to the
purchaser a receipt that sets forth at least the following information:
``(1) The property or services price exclusive of tax.
``(2) The amount of tax paid.
``(3) The property or service price inclusive of tax.
``(4) The tax rate (the amount of tax paid (per
subparagraph 2) divided by the property or service price
inclusive of tax (per subparagraph 3)).
``(5) The date that the good or service was sold.
``(6) The name of the vendor.
``(7) The vendor registration number.
``(b) Vending Machine Exception.--The requirements of subsection
(a) shall be inapplicable in the case of sales by vending machines.
Vending machines for purposes of this subsection shall mean machines--
``(1) that dispense taxable property in exchange for coins,
one, five, ten or twenty dollar bills, and
``(2) that sell no single item exceeding ten dollars per
unit in price.
``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES.
``The State Administrator or the Secretary, as the case may be, is
authorized to enter into written agreements with any person under which
the person is allowed to satisfy liability for payment of any tax in
installment payments if he determines that such agreement will
facilitate the collection of such liability. The agreement shall remain
in effect for the term of the agreement unless the information that the
person provided to the Secretary or the State Administrator was
materially inaccurate or incomplete. The Secretary and the State
Administrator may compromise any amounts alleged to be due.
``SEC. 56. ACCOUNTING.
``(a) Cash Method To Be Used Generally.--Vendors and other persons
shall remit taxes and report transactions with respect to the month for
which payment was received or the tax imposed by this chapter otherwise
becomes due.
``(b) Election To Use Accrual Method.--A person may elect with
respect to a calendar year, in a form prescribed by the Secretary, to
remit taxes and report transactions with respect to the month where a
sale was invoiced and accrued.
``(c) Cross Reference.--
``For rules relating to bad debts for
vendors electing the accrual method, see section 11(g).
``SEC. 57. HOBBY ACTIVITIES.
``(a) The exemption afforded by section 2(a)(1) shall not be
available for any taxable property or service used by a trade or
business if that trade or business is not engaged in for profit.
``(b) If the trade or business has received gross payments for the
sale of taxable property or services that exceed the sum of--
``(1) taxable property and services purchased,
``(2) wages paid, and
``(3) taxes paid,
in 2 or more of the most recent 4 calendar years during which it
operated, then the business activity shall be conclusively deemed to be
engaged in for profit.''.
SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE.
(a) In General.--Appropriations for any expenses of the Internal
Revenue Service including processing income tax returns for years prior
to the repeal of the income tax, revenue accounting, management,
transfer of payroll tax data to the Social Security Administration and
otherwise for years after fiscal year 2005 are not authorized.
(b) Excise and Sales Tax Bureaus.--Section 7801 is amended by
adding the following new subsections:
``(d) Excise Tax Bureau.--There shall be in the Department of
Treasury an Excise Tax Bureau to administer those excise taxes not
repealed by this Act.
``(e) Sales Tax Bureau.--There shall be in the Department of
Treasury a Sales Tax Bureau to administer the national sales tax in
those States where it is required pursuant to section 31(g), and to
discharge other Federal duties and powers relating to the national
sales tax (including those required by sections 32, 33, and 53(b)). The
Office of Revenue Allocation shall be within the Sales Tax Bureau.''.
(c) Assistant General Counsels.--Section 7801(b)(2) is amended to
read as follows:
``(2) Assistant general counsels.--The Secretary of the
Treasury may appoint, without regard to the provisions of the
civil service laws, and fix the duties of not more than 5
Assistant General Counsel.''.
(d) Short Year.--
(1) For purposes of the Federal income tax, the tax imposed
by section 1 and section 11 for taxable years ending June 30,
2003, shall be modified as set forth in this subsection.
(2) For calendar year taxpayers, the dollar figures in
section 1 and section 11 shall be reduced by dividing by 2 all
dollar figures that would be applicable but for this
subsection.
(3) For fiscal year taxpayers, the dollar figures in
section 1 and section 11 shall be equal to the product of--
(A) the dollar amount that would be applicable but
for this subsection, and
(B) the ratio that has as its numerator the number
of months in the taxpayer's taxable year ending June
30, 2003, and as its denominator 12.
(4) The Secretary shall publish tax rate schedules in
accordance with this subsection.
SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES.
(a) In General.--Commencing January 1, 2003, the Social Security
Administration shall collect and administer the taxes imposed pursuant
to chapter 2 of subtitle A (relating to self employment income taxes)
and subtitle C (relating to employment taxes) of the Internal Revenue
Code of 1986.
(b) Cross References.--
For revised rules relating to the self-
employment tax, see section 7 of this Act.
For rules relating to revised
withholding tax schedules and family consumption refund, see section
13.
SEC. 7. SELF-EMPLOYMENT TAX.
(a) In General.--Subsection 1402(a) of the Internal Revenue Code of
1986 is amended to read as follows:
``(a) In General.--`Self employment income' shall mean gross
payments received in a calendar year from the sale of taxable property
or services (without regard to exemption) less the sum in a calendar
year of--
``(1) purchases of taxable property or services (without
regard to exemption) in furtherance of a business purpose,
``(2) any wages paid (whether to the self-employed person
or others) in furtherance of a business purpose,
``(3) unused transition amounts, and
``(4) undeducted negative self employment income amounts
from prior periods.
``(b) Transition Amounts.--
``(1) General rule.--The transition amount for the ten
calendar years commencing in 2003 shall be the unrecovered
basis amount as of the end of December 31, 2002, divided by
ten.
``(2) Unrecovered basis amount.--The unrecovered basis
amount shall be remaining income tax basis relating to--
``(A) prior law section 167 property placed in
service prior to January 1, 2003, and
``(B) inventory held as of the end of 2002
(including any amounts capitalized in accordance with
prior law section 263A).''.
(b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are
hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as
subsections 1402(b) et seq.
SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS.
Subparagraph (D) of paragraph (1) of subsection (i) of section 215
of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living
increases in Social Security benefits) is amended to read as follows:
``(D)(i) the term `CPI increase percentage', with respect
to a base quarter or cost-of-living quarter in any calendar
year, means the percentage (rounded to the nearest one-tenth of
1 percent) by which the Consumer Price Index for that quarter
(as prepared by the Department of Labor) exceeds such index for
the most recent prior calendar quarter which was a base quarter
under subparagraph (A)(ii) or, if later, the most recent cost-
of-living computation quarter under subparagraph (B);
``(ii) if the Consumer Price Index (as prepared by the
Department of Labor) does not include the national sales tax
paid, then the term `CPI increase percentage' with respect to a
base quarter or cost-of-living quarter in any calendar year,
means the percentage (rounded to the nearest one-tenth of 1
percent) by which the product of--
``(I) the Consumer Price Index for that quarter (as
prepared by the Department of Labor); and
``(II) the national sales tax factor,
exceeds such index for the most recent prior calendar quarter
which was a base quarter under subparagraph (A)(ii) or, if
later, the most recent cost-of-living computation quarter under
subparagraph (B); and
``(iii) for purposes of clause (ii), the `national sales
tax factor' is equal to one plus the quotient that is--
``(I) the sales tax rate (as defined in section 1
of title 26), divided by
``(II) the quantity that is one minus the sales tax
rate.''.
SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME.
(a) Compensating Payment.--Eligible persons (as defined in
subsection (c)) shall receive a compensating payment (as defined in
subsection (b)) provided that they comply with subsection (g) (relating
to applications).
(b) Compensating Payment Defined.--The term ``compensating
payment'' means the product of the qualified fixed income payment
amount (as defined in subsection (e)) and the excess inflation rate (as
defined in subsection (f)).
(c) Eligible Person Defined.--An eligible person is any person with
respect to any calendar year who is entitled to--
(1) Social Security benefits; and
(2) qualified fixed income payments (as defined in
subsection (d)).
(d) Qualified Fixed Income Payment Defined.--A qualified fixed
income payment is a payment received by--
(1) a beneficiary under a defined benefit plan (within the
meaning of section 414(j) of the Internal Revenue Code as in
effect prior to the enactment of this Act) whether sponsored by
a private or Government employer; or
(2) by an annuitant pursuant to an annuity contract between
the annuitant and a bona fide insurance company.
A payment pursuant to a plan or annuity contract is not a qualified
fixed income payment if the payment varies with investment performance,
interest rates, or inflation. Payments pursuant to an annuity contract
entered into after June 30, 2003, shall not be qualified fixed income
payments. Payments pursuant to a defined benefit plan to a beneficiary
that had been a participant in said defined benefit plan (within the
meaning of section 410 of the Internal Revenue Code as in effect prior
to the enactment of this Act) for less than 5 years shall not be
qualified fixed income payments.
(e) Qualified Fixed Income Payment Amount.--The qualified fixed
income payment amount is \1/12\ of qualified fixed income payments that
an eligible person is entitled to receive during the calendar year
subsequent to the year for which the compensating payment is
calculated, provided, however, that the qualified fixed income payment
amount shall not exceed $5,000.
(f) Excess Inflation Rate Defined.--The term ``excess inflation
rate'' shall mean the excess, if any, of the consumer price index (all
urban) during the 18-month period ending December 31, 2004, over the
increase projected for the consumer price index (all urban) in the
Office of Management and Budget baseline reported in the Budget of the
United States for Fiscal Year 2003 for said 18-month period. The
baseline assumption for the 6 months in 2003 shall be \1/2\ of the
assumed increase for the entire calendar year 2003.
(g) Application Required.--In order to receive compensating
payments, each eligible person must apply in a form prescribed by the
Secretary of Health and Human Services and provide such documentation
as the Secretary may reasonably require.
(h) Means of Payment.--Each person entitled to a compensating
payment shall receive the compensating payment with their Social
Security benefit payment. The compensating payment shall be separately
indicated but may be included in one check. The funds to make
compensating payments shall come from the general fund.
(i) The Secretary of Health and Human Services may require insurers
that are parties to annuity contracts and defined benefit plan sponsors
to issue a statement to annuitants or plan participants including such
information as the Secretary may require to determine the qualified
fixed income payment amount.
SEC. 10. INTEREST.
Section 6621 of the Internal Revenue Code of 1986 is amended by
striking the last sentence in section 6621(a)(1) and by striking ``3''
in section 6621(a)(2)(B) and substituting in its stead ``2''.
SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment thereto, or conference report thereon that includes any
provision that--
(1) increases any federal sales tax rate, and
(2) provides any exemption, deduction, credit or other
benefit which results in a reduction in federal revenues.
(b) Waiver or Suspension.--This section may be waived or suspended
in the House of Representatives or the Senate only by the affirmative
vote of two-thirds of the Members, duly chosen and sworn. | Individual Tax Freedom Act of 2001 - Repeals the income, estate, gift, and certain excise tax provisions of the Internal Revenue Code.Amends the Internal Revenue Code to impose a 15 percent tax on the use, consumption or enjoyment in the U.S. of any property or service produced or rendered within or without of the United States. Prohibits, subject to exception, imposing a tax on any property or service purchased for: (1) a business purpose in an active trade or business; or (2) export from the United States for use or consumption outside of the Unites States, provided that the purchaser provided the seller with either an intermediate sales certificate or an export sales certificate. Sets forth provisions concerning credits and refunds.Allows for general credits against the tax, including: (1) a used property credit; (2) a business use conversion credit; (3) an administration credit; (4) a compliance equipment cost credit; (5) a bad debt credit; (6) an insurance proceeds credit; and (7) a transition inventory credit.Provides for installment payments of the tax on the purchase of a principal residence.Allows an eligible family unit to receive a sales tax rebate.Directs an administering State to administer, collect, and remit to the U.S. Treasury the tax on gross payments for the use, consumption or enjoyment of taxable property or services within the State.Prohibits the authorizing of any appropriations for the Internal Revenue Service after FY 2005. Establishes in the Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax.Authorizes the Social Security Administration to collect and administer self-employment income and employment taxes.Requires a supermajority in the House of Representatives or the Senate to raise rates. | {"src": "billsum_train", "title": "To promote freedom, fairness, and economic opportunity for families by repealing the income tax, abolishing the Internal Revenue Service, and enacting a national retail sales tax to be administered primarily by the States."} | 4,214 | 407 | 0.377505 | 1.240678 | 0.547453 | 2.301408 | 10.797183 | 0.870423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled Veterans Fellowship Act of
2006''.
SEC. 2. CONGRESSIONAL FELLOWSHIPS.
(a) In General.--The Secretary of the Senate and the Clerk of the
House of Representatives shall establish a program to encourage the
personal offices of Members of Congress, committee offices, and
leadership offices to hire disabled veterans for temporary staff
positions under the fellowship program established by this Act.
(b) Employment of Fellows.--A disabled veteran congressional fellow
hired under this Act shall be employed--
(1) at a level of responsibility commensurate with the
abilities of the fellow;
(2) at a level of compensation appropriate to the level of
responsibility but not in excess of the level of compensation
authorized for other comparable employees of the Senate and the
House of Representatives; and
(3) for not more than a 12-month period of time.
SEC. 3. DEFINITIONS.
In this Act:
(1) Disabled veteran.--The term ``disabled veteran'' means
a veteran with a service-connected disability (as defined in
section 101 of title 38, United States Code) which was incurred
or aggravated in the line of duty during Operation Iraqi
Freedom or Operation Enduring Freedom or during such other
operations as may be designated under regulations promulgated
jointly by the Secretary of the Senate and the Clerk of the
House of Representatives in consultation with the Secretary of
Veterans Affairs.
(2) Disabled veteran congressional fellow.--The term
``disabled veteran congressional fellow'' means a fellow in the
office of a Member of the Senate or the House of
Representatives or the office of a committee or joint committee
of the Senate or the House of Representatives or leadership
office of the Senate or the House of Representatives who is a
disabled veteran.
(3) Member of the house of representatives.--The term
``Member of the House of Representatives'' includes a Delegate
or Resident Commissioner to the Congress.
SEC. 4. EXCLUSION OF DISABLED VETERAN CONGRESSIONAL FELLOW FROM BUDGET
OF EMPLOYING OFFICE AND LIMITS ON NUMBER OF EMPLOYEES OF
EMPLOYING OFFICE.
(a) Treatment Under Office Budget.--
(1) Separate authorization of appropriations.--There are
authorized to be appropriated for fiscal year 2007 and each
succeeding fiscal year from the applicable accounts of the
House of Representatives or the contingent fund of the Senate
such amounts as may be necessary for the salaries and related
expenses of disabled veteran congressional fellows during the
fiscal year.
(2) Exclusion of amounts appropriated from general budgets
of employing offices.--To the extent that amounts are
appropriated pursuant to this Act for the salary and related
expenses of a disabled veteran congressional fellow for a
fiscal year, such amounts shall not be paid from, and shall be
excluded in determining the balance of--
(A) in the case of a disabled veteran congressional
fellow of the office of a Member of the House of
Representatives, the Member's Representational
Allowance for that office for the year; and
(B) in the case of a disabled veteran congressional
fellow of any other office, any account of the Senate
or the House of Representatives from which the salaries
and related expenses of employees of the office is paid
during the year.
(b) Exclusion From Limits on Number of Positions.--A disabled
veteran congressional fellow shall be excluded in determining the
number of employees of the office which employs the fellow for purposes
of--
(1) in the case of the office of a Member of the House of
Representatives, section 104 of Public Law 104-186 (2 U.S.C.
92); and
(2) in the case of any other office, any applicable
provision of law or any rule or regulation which imposes a
limit on the number of employees of the office.
SEC. 5. RULES GOVERNING DISABLED VETERAN CONGRESSIONAL FELLOWS.
(a) In General.--The Secretary of the Senate and the Clerk of the
House of Representatives shall implement rules establishing fellowships
for disabled veterans for service in the personal offices of Members of
Congress, committee, offices, and leadership offices.
(b) Content.--The rules promulgated by this section shall provide
that the compensation of 1 disabled veteran fellow for each personal
office or any Member of Congress and 1 disabled veteran fellow for each
committee office and 1 disabled veteran fellow for each leadership
office shall not count against the staff allowance of that Member of
Congress, committee, or office.
(c) Authorizations.--The Architect of the Capitol shall make
whatever reasonable accommodation is necessary to provide access to
disabled veteran fellows hired pursuant to the provisions of this Act.
SEC. 6. COMPENSATION.
Any compensation received by a disabled veteran pursuant to this
Act shall not affect the benefits otherwise available to that disabled
veteran under other provisions of law. | Disabled Veterans Fellowship Act of 2006 - Directs the Secretary of the Senate and the Clerk of the House of Representatives to establish a fellowship program to encourage offices of Members of Congress, committee offices, and leadership offices to hire disabled veterans for temporary office staff positions. Excludes such veterans from limits on the authorized number of positions for such offices. | {"src": "billsum_train", "title": "A bill to establish a fellowship program for the congressional hiring of disabled veterans."} | 1,091 | 74 | 0.654473 | 1.646585 | 1.417438 | 5.246154 | 14.907692 | 0.969231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increased Individual Retirement
Accounts for All Act of 2001''.
SEC. 2. INCREASE IN AMOUNT OF MAXIMUM CONTRIBUTIONS ALLOWABLE TO
DEDUCTIBLE, TRADITIONAL, AND ROTH IRAS.
(a) In General.--Subparagraph (A) of section 219(b)(1) of the
Internal Revenue Code of 1986 (relating to maximum amount of deduction)
is amended by striking ``$2,000'' and inserting ``$5,000''.
(b) Catch-Up Contributions for Individuals 50 or Older.--Subsection
(b) of section 219 of such Code is amended by adding at the end the
following new paragraph:
``(5) Catch-up contributions for individuals 50 or older.--
In the case of an individual who has attained the age of 50
before the close of the taxable year, paragraph (1)(A) shall be
applied by substituting `$7,500' for the dollar amount in
effect under such paragraph. This paragraph shall not apply for
any taxable year in which the dollar amount in effect under
paragraph (1)(A) is equal to or greater than $7,500.''.
(c) Cost-of-Living Adjustment.--Subsection (b) of section 219 of
such Code is amended by adding at the end the following new paragraph:
``(6) Cost-of-living adjustment.--
``(A) In general.--In the case of any taxable year
beginning in a calendar year after 2001, the $5,000
amount under paragraph (1) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2000'
for `calendar year 1992' in subparagraph (B)
thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $500, such amount shall be rounded to the
next higher multiple of $500.''.
(d) Conforming Amendments.--
(1) Section 408(a)(1) of such Code is amended by striking
``in excess of $2,000 on behalf of any individual'' and
inserting ``on behalf of any individual in excess of the amount
in effect for such taxable year under section 219(b)(1)(A)''.
(2) Section 408(b)(2)(B) of such Code is amended by
striking ``$2,000'' and inserting ``the dollar amount in effect
under section 219(b)(1)(A)''.
(3) Section 408(b) of such Code is amended by striking
``$2,000'' in the matter following paragraph (4) and inserting
``the dollar amount in effect under section 219(b)(1)(A)''.
(4) Section 408(j) of such Code is amended by striking
``$2,000''.
(5) Section 408(p)(8) of such Code is amended by striking
``$2,000'' and inserting ``the dollar amount in effect under
section 219(b)(1)(A)''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000.
SEC. 3. NONREFUNDABLE CREDIT TO CERTAIN INDIVIDUALS FOR ELECTIVE
DEFERRALS AND IRA CONTRIBUTIONS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
credits) is amended by inserting after section 25A the following new
section:
``SEC. 25B. ELECTIVE DEFERRALS AND IRA CONTRIBUTIONS BY CERTAIN
INDIVIDUALS.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by
this subtitle for the taxable year an amount equal to the
applicable percentage of so much of the qualified retirement
savings contributions of the eligible individual for the
taxable year as do not exceed the dollar amount in effect for
such taxable year under section 219(b)(1)(A).
``(2) Reduction for receipt of certain retirement
distributions.--
``(A) In general.--The amount allowed as a credit
under paragraph (1) shall be reduced (but not below
zero) by the amount the eligible individual received,
with respect to the taxable year, during the testing
period in--
``(i) any distribution from a qualified
retirement plan (as defined in section
4974(c)), or from an eligible deferred
compensation plan (as defined in section
457(b)), which is includible in gross income,
or
``(ii) any distribution from a Roth IRA
which is not a qualified rollover contribution
(as defined in section 408A(e)) to a Roth IRA.
``(B) Testing period.--For purposes of subparagraph
(A), the testing period, with respect to a taxable
year, is the period which includes--
``(i) such taxable year,
``(ii) the 2 preceding taxable years, and
``(iii) the period after such taxable year
and before the due date (without extensions)
for filing the return of tax for such taxable
year.
``(b) Applicable Percentage.--For purposes of this section, the
applicable percentage is the percentage determined in accordance with
the following table:
------------------------------------------------------------------------
Adjusted Gross Income
-------------------------------------------------------------
Joint return Head of a All other cases Applicable
--------------------- household -------------------- percentage
--------------------
Over Not over Over Not over Over Not over
------------------------------------------------------------------------
$0 $20,000 $0 $15,000 $0 $10,000 50
20,000 25,000 15,000 18,750 10,000 12,500 30
25,000 30,000 18,750 22,500 12,500 15,000 25
30,000 35,000 22,500 26,250 15,000 17,500 20
35,000 40,000 26,250 30,000 17,500 20,000 15
40,000 45,000 30,000 33,750 20,000 22,500 10
45,000 50,000 33,750 37,500 22,500 25,000 5
50,000 ......... 37,500 ........ 25,000 ........ 0
------------------------------------------------------------------------
``(c) Eligible Individual.--For purposes of this section--
``(1) In general.--The term `eligible individual' means any
individual if--
``(A) such individual has attained the age of 18 as
of the close of the taxable year, and
``(B) the compensation (as defined in section
219(f)(1)) includible in the gross income of the
individual (or, in the case of a joint return, of the
taxpayer) for such taxable year is at least $5,000.
``(2) Dependents and full-time students not eligible.--The
term `eligible individual' shall not include--
``(A) any individual with respect to whom a
deduction under section 151 is allowable to another
taxpayer for a taxable year beginning in the calendar
year in which such individual's taxable year begins,
and
``(B) any individual who is a student (as defined
in section 151(c)(4)).
``(d) Qualified Retirement Savings Contributions.--For purposes of
this section, the term `qualified retirement savings contributions'
means the sum of--
``(1) the amount of the qualified retirement contributions
(as defined in section 219(e)) for the benefit of the eligible
individual,
``(2) the amount of the elective deferrals (as defined in
section 414(u)(2)(C)) of such individual, and
``(3) the amount of voluntary employee contributions by
such individual to any qualified retirement plan (as defined in
section 4974(c)).
``(e) Special Rules.--
``(1) Treatment of distributions received by spouse of
individual.--For purposes of determining whether an individual
is an eligible individual for any taxable year and for the
reduction under subsection (a)(2), any distribution received by
the spouse of such individual shall be treated as received by
such individual if such individual and spouse file a joint
return for such taxable year and for the taxable year during
which the spouse receives the distribution.
``(2) Adjusted gross income.--For purposes of this section,
adjusted gross income shall be determined without regard to
sections 911, 931, and 933.
``(3) Investment in the contract.--Notwithstanding any
other provision of law, a qualified retirement savings
contribution shall not fail to be included in determining the
investment in the contract for purposes of section 72 by reason
of the credit under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2005.''.
(b) Conforming Amendment.--The table of sections for subpart A 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 25A the
following new item:
``Sec. 25B. Elective deferrals and IRA
contributions by certain
individuals.''.
(c) Reporting Requirements.--
(1) Annual report required.--The Secretary of the Treasury
shall submit an annual report to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate regarding the number of individuals who
claim the credit under section 25B of the Internal Revenue Code
of 1986 (as added by this section).
(2) Effect of credit on pension coverage.--Not later than 4
years after the date of the enactment of this Act, the
Secretary of the Treasury shall submit a report to the
committees specified in paragraph (1) on the effect of the
credit under section 25B of the Internal Revenue Code of 1986
(as added by this section) on pension coverage of individuals
in the workforce, including expansion of coverage for low- and
moderate-income workers, levels of pension benefits, quality of
coverage, workers' access to and participation in plans, and
retirement security.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2000. | Increased Individual Retirement Accounts for All Act of 2001 - Amends the Internal Revenue Code to: (1) increase the annual limitation on deductible contributions to individual retirement accounts (IRAs) to $5,000 and provide a cost-of-living adjustment to such amount; (2) provide for increased "catch-up" contributions for individuals aged 50 or older; and (3) until December 31, 2005, allow a nonrefundable credit to certain individuals for elective deferrals and IRA contributions. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase the annual limitation on deductible contributions to individual retirement accounts to $5,000, and for other purposes."} | 2,424 | 102 | 0.551146 | 1.278759 | 0.646688 | 2.935484 | 22.096774 | 0.870968 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Constitution Center
Operations Act''.
SEC. 2. NAME CLARIFICATION.
Section 3(a) of the Constitution Heritage Act of 1988 (16 U.S.C.
407bb(a)) is amended by striking ``(hereafter in this Act referred to
as the `Center')'' and inserting ``(hereafter in this Act referred to
as the `NCC')''.
SEC. 3. OPERATION OF THE NATIONAL CONSTITUTION CENTER.
Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C.
407cc) is amended by adding at the end the following:
``(c) Operation of the NCC.--
``(1) In general.--A cooperative agreement entered into
under subsection (b) shall--
``(A) authorize the NCC to--
``(i) operate the NCC;
``(ii) provide to visitors to the NCC any
activities and services relating to and
consistent with any functions of the NCC under
section 3(b);
``(iii) carry out activities that are
appropriate for the operation of the NCC,
including charging fees, conducting events, and
selling and marketing merchandise, tickets for
activities of the NCC, and food to visitors to
the NCC; and
``(iv) negotiate and enter into any
agreements, leases, contracts, or other
arrangements with any person, firm,
association, organization, corporation, or
governmental entity (including the Federal
Government and any State and local governments)
that are appropriate for carrying out
activities at the NCC or that are normally
associated with the operation of a facility
like the NCC, including an agreement, contract,
or other arrangement for janitorial service,
building maintenance, food service, information
technology maintenance, or the operation of a
museum store;
``(B) provide that any revenues from facilities and
services of the NCC shall be made available to the NCC,
without further appropriation, to offset the expenses
of operating the NCC;
``(C) authorize the NCC to occupy the site and any
structures provided under subsection (a)--
``(i) for a term specified in the
cooperative agreement not to exceed 30 years;
and
``(ii) in accordance with any terms and
conditions of the cooperative agreement;
``(D)(i) provide that the NCC shall maintain,
during the term of the cooperative agreement and at the
expense of the NCC, insurance on the NCC covering such
risks, in such amounts, and including such terms and
conditions as the Secretary determines to be
appropriate; and
``(ii) provide that any repairs or reconstruction
carried out using payments made to the NCC under an
insurance policy maintained under clause (i) shall be
subject to the approval of the Secretary;
``(E) provide that the NCC shall maintain the
status as an organization described in section
501(c)(3) of the Internal Revenue Code of 1986 that is
exempt from taxation under section 501(a) of the Code;
``(F) provide that the NCC shall make available to
the Secretary and the Comptroller General of the United
States all books, documents, papers, and records of the
NCC that are necessary for an audit;
``(G) provide that the NCC shall submit to the
Secretary or Congress an annual report that--
``(i) describes the activities of the NCC
during the preceding fiscal year;
``(ii) compares the goals and objectives of
the NCC to the actual accomplishments of the
NCC during the preceding fiscal year; and
``(iii) includes a plan for the NCC for the
subsequent fiscal year; and
``(H) include any other terms and conditions that
the Secretary determines to be appropriate.
``(2) Termination of agreement.--The Secretary may
terminate the cooperative agreement entered into under
paragraph (1) if the Secretary determines that termination is
in the best interest of the public.
``(3) Effect on existing agreement.--The agreement between
the National Park Service and the NCC numbered CA-4450-99-9018
shall remain in effect until the date on which--
``(A) the agreement is terminated in accordance
with the terms of the agreement; or
``(B) a cooperative agreement is entered into under
paragraph (1).
``(4) Administration of independence national historical
park.--Nothing in this subsection affects the authority of the
Secretary to enter into a contract or other agreement with any
organization or entity that provides for the administration of
Independence National Historical Park so long as the agreement
does not conflict with the cooperative agreement entered into
under paragraph (1).
``(5) Exemption from applicable law.--An agreement, lease,
contract, or other arrangement entered into under paragraph (1)
shall not be subject to section 3(k) of Public Law 91-383 (16
U.S.C. 1a-2(k)), section 321 of the Act of June 30, 1939 (40
U.S.C. 303(b)), or section 403 of the National Parks Omnibus
Management Act of 1998 (16 U.S.C. 5952).''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 3 of the Constitution Heritage Act of 1988 (16 U.S.C.
407bb) is amended--
(1) in the second sentence of subsection (a), by striking
``Center'' and inserting ``NCC''; and
(2) in subsection (b)--
(A) in the subsection heading, by striking
``Center'' and inserting ``NCC'';
(B) in the matter before paragraph (1), by striking
``Center'' and inserting ``NCC''; and
(C) in paragraph (3), by striking ``Center's'' and
inserting ``NCC's''.
(b) Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C.
407cc) is amended--
(1) in the section heading, by striking ``center'' and
inserting ``ncc'';
(2) in subsection (a), by striking ``Center'' each place it
appears and inserting ``NCC''; and
(3) in subsection (b)--
(A) in the subsection heading, by striking
``Center'' and inserting ``NCC'';
(B) in the first sentence, by striking ``Center''
the second place it appears and inserting ``NCC''; and
(C) in the second sentence, by striking ``National
Constitution Center'' and inserting ``NCC''.
(c) Section 5 of the Constitution Heritage Act of 1988 (16 U.S.C.
407cc) is amended in subsections (c) and (e) by striking ``National
Constitution Center'' each place it appears and inserting ``NCC''. | National Constitution Center Operations Act - Amends the Constitution Heritage Act of 1988 to set forth requirements for cooperative agreements between the Secretary of the Interior and the National Constitution Center (NCC) for the operation of the NCC, including a requirement that revenues from the operation of the NCC be made available to the NCC (without further appropriation) to offset its operating expenses, and requirements that the NCC: (1) maintain appropriate risk insurance; (2) maintain its tax-exempt status; and (3) report annually to the Secretary or Congress on its activities, goals and plans. Authorizes the Secretary to terminate a cooperative agreement in the public interest.
Exempts agreements, leases, contracts or other arrangements entered into under this Act from certain requirements for leases of buildings by the federal government and for the award of concession contracts in units of the National Park System. | {"src": "billsum_train", "title": "A bill to amend the Constitution Heritage Act of 1988 to provide for the operation of the National Constitution Center."} | 1,532 | 179 | 0.613868 | 1.81197 | 0.763242 | 2.271084 | 8.542169 | 0.861446 |
SECTION 1. CERTAINTY OF PUNISHMENT FOR YOUNG OFFENDERS.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended--
(1) by redesignating part Q as part R;
(2) by redesignating section 1701 as section 1801; and
(3) by inserting after part P the following:
``PART Q--ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS
``SEC. 1701. GRANT AUTHORIZATION.
``(a) In General.--The Director of the Bureau of Justice Assistance
(referred to in this part as the `Director') may make grants under this
part to States, for the use by States and units of local government in
the States, for the purpose of developing alternative methods of
punishment for young offenders to traditional forms of incarceration
and probation.
``(b) Alternative Methods.--The alternative methods of punishment
referred to in subsection (a) should ensure certainty of punishment for
young offenders and promote reduced recidivism, crime prevention, and
assistance to victims, particularly for young offenders who can be
punished more effectively in an environment other than a traditional
correctional facility, including--
``(1) alternative sanctions that create accountability and
certainty of punishment for young offenders;
``(2) boot camp prison programs that include education and
job training activities such as programs modeled, to the extent
practicable, after activities carried out under part B of title
IV of the Job Training Partnership Act (relating to Job Corps)
(29 U.S.C. 1691 et seq.);
``(3) technical training and support for the implementation
and maintenance of State and local restitution programs for
young offenders;
``(4) innovative projects, such as projects consisting of
education and job training activities for incarcerated young
offenders, modeled, to the extent practicable, after activities
carried out under part B of title IV of the Job Training
Partnership Act (relating to Job Corps) (29 U.S.C. 1691 et
seq.);
``(5) correctional options, such as community-based
incarceration, weekend incarceration, and electronic monitoring
of offenders;
``(6) community service programs that provide work service
placement for young offenders at non-profit, private
organizations and community organizations;
``(7) demonstration restitution projects that are evaluated
for effectiveness;
``(8) innovative methods that address the problems of young
offenders convicted of serious substance abuse (including
alcohol abuse, and gang-related offenses), including technical
assistance and training to counsel and treat such offenders;
and
``(9) the provision for adequate and appropriate after care
programs for the young offenders, such as substance abuse
treatment, education programs, vocational training, job
placement counseling, and other support programs upon release.
``SEC. 1702. STATE APPLICATIONS.
``(a) In General.--(1) To request a grant under this part, the
chief executive of a State shall submit an application to the Director
in such form and containing such information as the Director may
reasonably require.
``(2) Such application shall include assurances that Federal funds
received under this part shall be used to supplement, not supplant,
non-Federal funds that would otherwise be available for activities
funded under this part.
``(b) State Office.--The office designated under section 507 of
this title--
``(1) shall prepare the application as required under
subsection (a); and
``(2) shall administer grant funds received under this
part, including review of spending, processing, progress,
financial reporting, technical assistance, grant adjustments,
accounting, auditing, and fund disbursement.
``SEC. 1703. REVIEW OF STATE APPLICATIONS.
``(a) In General.--The Director, in consultation with the Director
of the National Institute of Corrections, shall make a grant under
section 1701(a) to carry out the projects described in the application
submitted by such applicant under section 1702 upon determining that--
``(1) the application is consistent with the requirements
of this part; and
``(2) before the approval of the application, the Director
has made an affirmative finding in writing that the proposed
project has been reviewed in accordance with this part.
``(b) Approval.--Each application submitted under section 1702
shall be considered approved, in whole or in part, by the Director not
later than 45 days after first received unless the Director informs the
applicant of specific reasons for disapproval.
``(c) Restriction.--Grant funds received under this part shall not
be used for land acquisition or construction projects, other than
alternative facilities described in section 1701(b).
``(d) Disapproval Notice and Reconsideration.--The Director shall
not disapprove any application without first affording the applicant
reasonable notice and an opportunity for reconsideration.
``SEC. 1704. LOCAL APPLICATIONS.
``(a) In General.--(1) To request funds under this part from a
State, the chief executive of a unit of local government shall submit
an application to the office designated under section 1701(b).
``(2) Such application shall be considered approved, in whole or in
part, by the State not later than 45 days after such application is
first received unless the State informs the applicant in writing of
specific reasons for disapproval.
``(3) The State shall not disapprove any application submitted to
the State without first affording the applicant reasonable notice and
an opportunity for reconsideration.
``(4) If such application is approved, the unit of local government
is eligible to receive such funds.
``(b) Distribution to Units of Local Government.--A State that
receives funds under section 1701 in a fiscal year shall make such
funds available to units of local government with an application that
has been submitted and approved by the State within 45 days after the
Director has approved the application submitted by the State and has
made funds available to the State. The Director shall have the
authority to waive the 45-day requirement in this section upon a
finding that the State is unable to satisfy such requirement under
State statutes.
``SEC. 1705. ALLOCATION AND DISTRIBUTION OF FUNDS.
``(a) State Distribution.--Of the total amount appropriated under
this part in any fiscal year--
``(1) 0.4 percent shall be allocated to each of the
participating States; and
``(2) of the total funds remaining after the allocation
under paragraph (1), there shall be allocated to each of the
participating States an amount which bears the same ratio to
the amount of remaining funds described in this paragraph as
the number of young offenders of such State bears to the number
of young offenders in all the participating States.
``(b) Local Distribution.--(1) A State that receives funds under
this part in a fiscal year shall distribute to units of local
government in such State for the purposes specified under section 1701
that portion of such funds which bears the same ratio to the aggregate
amount of such funds as the amount of funds expended by all units of
local government for correctional programs in the preceding fiscal year
bears to the aggregate amount of funds expended by the State and all
units of local government in such State for correctional programs in
such preceding fiscal year.
``(2) Any funds not distributed to units of local government under
paragraph (1) shall be available for expenditure by such State for
purposes specified under section 1701.
``(3) If the Director determines, on the basis of information
available during any fiscal year, that a portion of the funds allocated
to a State for such fiscal year will not be used by such State or that
a State is not eligible to receive funds under section 1701, the
Director shall award such funds to units of local government in such
State giving priority to the units of local government that the
Director considers to have the greatest need.
``(c) General Requirement.--Notwithstanding the provisions of
subsections (a) and (b), not less than two-thirds of funds received by
a State under this part shall be distributed to units of local
government unless the State applies for and receives a waiver from the
Director of the Bureau of Justice Assistance.
``(d) Federal Share.--The Federal share of a grant made under this
part may not exceed 75 percent of the total costs of the projects
described in the application submitted under section 1702(a) for the
fiscal year for which the projects receive assistance under this part.
``(e) Consideration.--Notwithstanding subsections (a) and (b), in
awarding grants under this part, the Director shall consider as an
important factor whether a State has in effect throughout such State a
law or policy which--
``(1) requires that a juvenile who is in possession of a
firearm or other weapon on school property or convicted of a
crime involving the use of a firearm or weapon on school
property--
``(A) be suspended from school for a reasonable
period of time; and
``(B) lose driving license privileges for a
reasonable period of time;
``(2) bans firearms and other weapons in a 100-yard radius
of school property, but the State may allow exceptions for
school-sponsored activities, as well as other reasonable
exceptions.
``(f) Definition.--For purposes of this part, `juvenile' means 18
years of age or younger.
``SEC. 1706. EVALUATION.
``(a) In General.--(1) Each State and local unit of government that
receives a grant under this part shall submit to the Director an
evaluation not later than March 1 of each year in accordance with
guidelines issued by the Director and in consultation with the National
Institute of Justice.
``(2) The Director may waive the requirement specified in paragraph
(1) if the Director determines that such evaluation is not warranted in
the case of the State or unit of local government involved.
``(b) Distribution.--The Director shall make available to the
public on a timely basis evaluations received under subsection (a).
``(c) Administrative Costs.--A State and local unit of government
may use not more than 5 percent of funds it receives under this part to
develop an evaluation program under this section.''.
(b) Conforming Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by striking the matter relating to part Q and
inserting the following:
``Part Q--Alternative Punishments for Young Offenders
``Sec. 1701. Grant authorization.
``Sec. 1702. State applications.
``Sec. 1703. Review of State applications.
``Sec. 1704. Local applications.
``Sec. 1705. Allocation and distribution of funds.
``Sec. 1706. Evaluation.
``Part R--Transition--Effective Date--Repealer
``Sec. 1801. Continuation of rules, authorities, and proceedings.''.
(c) Definition.--Section 901(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3791(a)), is amended by adding
after paragraph (23) the following:
``(24) The term `young offender' means an individual,
convicted of a crime, 22 years of age or younger--
``(A) who has not been convicted of--
``(i) a crime of sexual assault; or
``(ii) a crime involving the use of a
firearm in the commission of the crime; and
``(B) who has no prior convictions for a crime of
violence (as defined by section 16 of title 18, United
States Code) punishable by a period of 1 or more years
of imprisonment.''.
SEC. 2. AUTHORIZATION OF APPROPRIATION.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793) is amended by adding after
paragraph (10) the following:
``(11) There are authorized to be appropriated $200,000,000 for
each of the fiscal years 1994, 1995, and 1996 to carry out the projects
under part Q.''.
SEC. 3. SENSE OF THE CONGRESS.
It is the sense of the Congress that States should impose mandatory
sentences for crimes involving the use of a firearm or other weapon on
school property or within a 100-yard radius of school property.
Passed the House of Representatives November 19, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants to States for the purpose of developing alternatives to traditional forms of incarceration and probation as methods of punishment for young offenders. Specifies that such alternative methods of punishment should ensure certainty of punishment for young offenders and promote reduced recidivism, crime prevention, and assistance to victims, including: (1) alternative sanctions that create accountability; (2) boot camp prison programs that include education and job training activities modeled after Jobs Corps activities; (3) innovative projects that provide such activities; (4) technical training and support for State and local restitution programs for young offenders; (5) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (6) community service programs that provide work service placement for young offenders at nonprofit, private, and community organizations; (7) demonstration restitution projects that are evaluated for effectiveness; (8) innovative methods that address the problems of young offenders convicted of serious substance abuse; and (9) after care programs such as substance abuse treatment, education programs, vocational training, and job placement counseling. Sets forth provisions regarding: (1) State and local application requirements; (2) review of State applications; (3) allocation and distribution of funds (including a requirement that not less than two-thirds of funds received by a State for purposes of this Act be distributed to units of local government unless the State applies for and receives a waiver from the Director); and (4) evaluation. Requires the Director to consider as an important factor in awarding grants whether a State has in effect a law or policy which: (1) requires that a juvenile who is in possession of a weapon on school property or convicted of a crime involving the use of a weapon on school property be suspended from school and lose driving license privileges; and (2) bans weapons within a 100-yard radius of school property. Defines "young offender" for purposes of such Act to mean an individual 22 years old or younger who has not been convicted of a crime of sexual assault or a crime involving the use of a firearm and who has no prior conviction for a crime of violence punishable by one or more years' imprisonment. Expresses the sense of the Congress that States should impose mandatory sentences for crimes involving use of a firearm or other weapon on, or within 100 yards of, school property. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend the Omnibus Crime Control and Safe Streets Act of 1968 to allow grants for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation."} | 2,820 | 537 | 0.671276 | 2.113673 | 0.655523 | 5.390593 | 5.335378 | 0.952965 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technical Education Creates High-
Paying Careers Act of 2016'' or the ``TECH Careers Act''.
SEC. 2. AMERICAN TECHNICAL TRAINING GRANT PROGRAM.
(a) In General.--Title II of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2371 et seq.) is amended--
(1) by inserting before section 201 the following:
``PART A--TECH PREP PROGRAM'';
and
(2) by adding at the end the following new part:
``PART B--AMERICAN TECHNICAL TRAINING GRANT PROGRAM
``SEC. 221. ESTABLISHMENT OF AMERICAN TECHNICAL TRAINING GRANT PROGRAM.
``(a) Program Authorization.--The Secretary of Education, in
coordination with the Secretary of Labor, shall develop and implement a
grant program, to be known as the American Technical Training Grant
Program, to award competitive grants to eligible entities for
supporting the establishment, redesign, or expansion of job training
programs that enable economically disadvantaged students to enter into
and advance along career pathways that lead to jobs in high-skill,
high-wage, or high-demand occupations.
``(b) Definition of Eligible Entity.--For purposes of this part,
the term `eligible entity' means an institution of higher education
that offers career and technical education programs that can be
completed in 2 years or less or a consortium of such institutions.
``(c) Application.--An eligible entity that desires a grant under
this part shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(d) Selection Criteria.--In awarding grants under this part, the
Secretary shall give priority to eligible entities that--
``(1) would serve a large proportion of job training
program participants who are from economically disadvantaged
families;
``(2) would provide training for an industry sector or
occupation in high demand;
``(3) demonstrate potential for a high percentage of job
training program participants to secure employment after
completion of such entity's job training program; or
``(4) meet such other criteria as the Secretary considers
appropriate.
``(e) Partnerships.--
``(1) Required partnerships.--Before awarding a grant to an
eligible entity under this part, the Secretary shall verify
that the eligible entity has entered into a partnership
agreement with--
``(A) a local workforce development board;
``(B) an employer with a workforce need in a high-
skill, high-wage, or high-demand industry;
``(C) an industry organization or other
intermediary representing the industry sector or
occupation for which the job training program provides
training; and
``(D) an institution of higher education that--
``(i) offers a baccalaureate degree; and
``(ii) has an articulation agreement with
the eligible entity.
``(2) Separate entities not required.--In meeting the
partnership requirements of subparagraphs (A) through (D) of
paragraph (1), an eligible entity shall not be required to
partner with a separate entity for purposes of each such
subparagraph.
``(3) Additional partnerships.--In addition to being in the
partnerships described in paragraph (1), an eligible entity may
be in a partnership with--
``(A) a nonprofit organization or other training
provider, including an apprenticeship program
registered with the Department of Labor;
``(B) a community-based organization;
``(C) a State, regional, or local economic
development agency;
``(D) a secondary school; or
``(E) a local educational agency.
``(f) Required Uses of Funds.--An eligible entity that receives a
grant under this part shall use the grant funds to--
``(1) establish, redesign, or expand a job training program
that--
``(A) leads to an industry recognized credential or
certification at the post-secondary level or to an
associate degree;
``(B) trains job training program participants for
a regionally in-demand industry sector or occupation;
``(C) addresses through embedded remediation the
needs of job training program participants for
remediation or attainment of basic skills;
``(D) provides academic credit to job training
program participants for prior learning, if applicable,
including academic credit for courses completed in a
foreign country by a foreign professional or
recognition of such professional's foreign degree or
certification;
``(E) provides student support services, such as
career guidance and academic counseling, intake
assessments to determine program fit, and other
services; and
``(F) is accessible to nontraditional students
through alternative scheduling;
``(2) conduct high quality, independent evaluations of the
job training program's activities; and
``(3) provide work-based learning opportunities for job
training program participants.
``(g) Allowable Uses of Funds.--In addition to the required uses of
funds under subsection (f), an eligible entity that receives a grant
under this part may also use the grant funds to support the job
training program by--
``(1) developing the program curriculum;
``(2) engaging employers or industries hire job training
program participants;
``(3) purchasing supplies;
``(4) supporting the professional development of faculty,
administrators, and career guidance and academic counselors;
``(5) supporting faculty salaries;
``(6) providing tuition assistance counseling and financial
aid counseling services;
``(7) providing services that target disconnected youth;
``(8) providing childcare for the children of program
participants during classes, internships, or other activities
relating to the job training program;
``(9) providing program participants with transportation to
classes, internships, or other activities relating to the job
training program; and
``(10) carrying out any other permissible activity
consistent with the purposes of this part, as approved by the
Secretary.
``(h) Grant Amount.--
``(1) In general.--The amount of a grant to an eligible
entity for a fiscal year shall not exceed $5,000,000.
``(2) Considerations.--In determining the amount of a grant
to be awarded to an eligible entity under this part, the
Secretary shall consider--
``(A) if the grant is for the initial start-up of a
job training program or for the expansion of an
existing model, with smaller grants awarded for the
initial start-up and larger grants awarded for the
expansion of an existing model; and
``(B) in the case of an application for the
expansion of an existing job training program, the
extent to which the job training program demonstrates
evidence of effectiveness.
``(3) Measuring effectiveness.--For purposes of paragraph
(2)(B), the measure of effectiveness shall include the
graduation rates, job placement rates, and wages earned by
graduates of the job training program.
``(i) Grant Duration.--
``(1) Maximum grant period.--The Secretary shall make a
grant award under this part for a period of not more than 3
years.
``(2) Maximum grant extension.--If an eligible entity that
receives a grant under this part makes substantial progress
based on the accountability and performance indicators
described in subsection (j), the Secretary may extend a grant
award for not more than 2 additional years.
``(j) Accountability and Performance Indicators.--
``(1) Required accountability and performance indicators.--
An eligible entity shall provide annually to the Secretary data
on the eligible entity's job training program carried out under
this part, including--
``(A) the number of program participants;
``(B) for such program participants, the core
indicators of performance described in clauses (i)
through (iv) of section 113(b)(2)(B);
``(C) the median earnings of program participants
who have completed the job training program, measured
at the time at which postsecondary student placement
rates are measured under clause (iv) of section
113(b)(2)(B); and
``(D) the percentage of program participants who
have completed the job training program and who, at the
time at which postsecondary student placement rates are
measured under clause (iv) of section 113(b)(2)(B), are
employed by an employer that meets the requirement
under subsection (e)(1)(b).
``(2) Disaggregation of accountability and performance
indicators.--Such data shall be disaggregated by--
``(A) race and ethnicity;
``(B) gender;
``(C) disability status;
``(D) sexual orientation;
``(E) English proficiency;
``(F) status as economically disadvantaged;
``(G) status as an individual preparing for
employment in a non-traditional field, including
individuals from a racial, ethnic, or national origin
group that is underrepresented in such field; and
``(H) status as a military-connected student.
``(3) Student privacy.--The report to the Secretary
required under paragraph (1) shall only include data to the
extent that such data are sufficient to yield statistically
reliable information that does not reveal personally
identifiable information about an individual student.
``(4) Publication of data.--The Secretary shall aggregate
the data received under paragraph (1) and publish such
aggregation so that it is reasonably available to the public.
``(5) Funds reserved for data collection and
dissemination.--An eligible entity that receives a grant under
this part may reserve not more than 3 percent of the grant
amount to administer the collection, disaggregation, and
reporting of the data received under paragraph (1).
``(k) Reserved Funds.--
``(1) Funds reserved for rural, tribal, or outlying
areas.--The Secretary shall reserve not less than 1 percent and
not more than 10 percent of the funds appropriated under
subsection (n) to carry out this part for a fiscal year for
making awards to eligible entities located in rural, tribal, or
outlying areas.
``(2) Funds reserved for historically black colleges and
universities and other minority-serving institutions.--The
Secretary shall reserve not less than 1 percent and not more
than 10 percent of the funds appropriated under subsection (n)
to carry out this part for a fiscal year for making awards to
eligible entities listed in paragraphs (1) through (7) of
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
``(l) Matching Requirement.--
``(1) In general.--Each eligible entity that receives a
grant under this part shall secure, toward the cost of
establishing, redesigning, or expanding a job training program
under this part, from non-Federal sources, an amount as
determined by the Secretary for such eligible entity.
``(2) Non-federal contribution.--The non-Federal
contribution may be--
``(A) in cash or in the form of in-kind
contributions that are directly related to the purpose
for which the grant was made; and
``(B) from a State government, local government, or
private person.
``(m) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--An eligible entity receiving a grant under this part shall use
Federal funds received under this part only to supplement the funds
that would, in the absence of such Federal funds, be made available
from non-Federal sources for the support of the job training programs
assisted under this part, and not to supplant such funds.
``(n) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part--
``(1) $200,000,000 for fiscal year 2017; and
``(2) such sums as may be necessary for subsequent fiscal
years.
``SEC. 222. DEFINITIONS.
``In this part:
``(1) Career pathway.--The term `career pathway' has the
meaning given that term in the section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(2) Disconnected youth.--The term `disconnected youth'
has the meaning given that term in section 526(a) of the
Consolidated Appropriations Act, 2014 (42 U.S.C. 12301 note).
``(3) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning given
that term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
``(4) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1001), except that such term shall not include
proprietary institutions of higher education.
``(5) Military-connected student.--The term `military-
connected student' means a student that is the child of a
person serving in the Armed Forces.
``(6) Nontraditional student.--The term `nontraditional
student' has the meaning given that term in section 861(b) of
the Higher Education Act of 1965 (20 U.S.C. 1161q(b)).''.
(b) Clerical Amendments.--The table of contents in section 1(b) of
the Carl D. Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2301 note) is amended--
(1) by inserting before the item relating to section 201
the following new item:
``Part A--Tech Prep Program'';
and
(2) by inserting after the item relating to section 206 the
following new items:
``Part B--American Technical Training Grant Program
``Sec. 221. Establishment of American Technical Training Grant Program.
``Sec. 222. Definitions.''.
(c) Conforming Amendments.--Part A of title II of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2371 et
seq.), as designated by this Act, is amended by striking ``this title''
each place it appears and inserting ``this part''. | Technical Education Creates High-Paying Careers Act of 2016 or the TECH Careers Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to direct the Department of Education (ED), in coordination with the Department of Labor, to develop and implement an American Technical Training Grant Program awarding competitive three-year grants of up to $5 million per fiscal year to eligible entities for supporting the establishment, redesign, or expansion of job training programs that enable economically disadvantaged students to enter into and advance along career pathways that lead to jobs in high-skill, high-wage, or high-demand occupations. The entities eligible for such grants must be institutions of higher education offering career and technical education programs that can be completed in two years or less (or a consortium of such institutions), but only if they enter a partnership agreement with: a local workforce development board; an employer with a workforce need in a high-skill, high-wage, or high-demand industry; an industry organization or other intermediary representing the industry sector or occupation for which the job training program provides training; and an institution of higher education that offers a baccalaureate degree and also has an articulation agreement with the eligible entity. | {"src": "billsum_train", "title": "TECH Careers Act"} | 3,165 | 265 | 0.704019 | 2.044387 | 0.912846 | 5.694561 | 12.330544 | 0.941423 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Targeted Use of Sanctions for
Killing Elephants in Their Range Act of 2014''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) poaching of African elephants has increased
dramatically since 2006, and has reached levels that threaten
the continued existence of many elephant populations;
(2) poaching of African elephants is being driven by
increased demand for ivory in Asia, which has caused ivory
prices to rise exponentially in recent years;
(3) high ivory prices have drawn organized criminal
elements into the illegal ivory trade, and it is widely
recognized that transnational crime rings involved in
trafficking in drugs, guns, and humans are also responsible for
trafficking in large quantities of poached ivory from Africa to
Asia;
(4) there is significant evidence that terrorist and
insurgent groups in Africa, including groups with ties to al-
Qaeda, are financing their operations through the sale of
illegal ivory;
(5) the elephant poaching crisis has become so severe, and
the tactics of poachers so sophisticated, that traditional
approaches to conservation law enforcement intended to protect
elephants in their habitat in Africa are failing;
(6) a number of countries that serve as major source,
transit, or destination points for illegal ivory have proven
unable or unwilling to stop the product from coming across
their borders; and
(7) strategies to reduce demand for ivory through education
and other nonbinding means are necessary, but not sufficient,
to conserve African elephant populations.
(b) Purpose.--The purpose of this Act is to provide a means by
which the United States can affect demand for and illegal trafficking
of African elephant ivory in other countries by requiring those
countries to enter into consultations with the United States to end the
illegal ivory trade, as a condition of continued access to United
States markets for other natural resource products.
SEC. 3. ILLEGAL IVORY TRADE DEFINED.
Section 2305 of the African Elephant Conservation Act (16 U.S.C.
4244) is amended by redesignating paragraphs (5) through (13) as
paragraphs (6) through (14), respectively, and by inserting after
paragraph (4) the following:
``(5) Illegal ivory trade.--The term `illegal ivory trade'
means any sale, purchase, barter, transit, or exchange of raw
ivory or worked ivory that was taken in violation of the laws
of an ivory producing country or of international wildlife
trade agreements, including CITES.''.
SEC. 4. AMENDMENT TO FINDINGS IN AFRICAN ELEPHANT CONSERVATION ACT.
Section 2003 of the African Elephant Conservation Act (16 U.S.C.
4202) is amended by adding at the end the following:
``(10) Poaching and trafficking of wildlife has become a
global crisis, funding organized criminal syndicates and
terrorist organizations and harming elephant populations and
local communities. African elephant ivory is at the center of
this crisis, and immediate action is necessary to eliminate the
demand for ivory and the profit incentive for poachers and
traffickers.''.
SEC. 5. STATEMENT OF POLICY.
Section 2004 of the African Elephant Conservation Act (16 U.S.C.
4203) is amended--
(1) by striking ``and'' after the semicolon at the end of
paragraph (1);
(2) by striking the period at the end of paragraph (2) and
by inserting ``; and''; and
(3) by adding at the end the following:
``(3) to prevent additional African elephant ivory from
entering global commerce, and to reduce demand for ivory that
is driving elephant poaching by limiting natural resources-
related trade with countries whose nationals are engaged in
illegal ivory trade.''.
SEC. 6. CERTIFICATION UNDER FISHERMEN'S PROTECTIVE ACT OF 1967.
Section 2202 of the African Elephant Conservation Act (16 U.S.C.
4222) is amended by adding at the end the following:
``(g) Certification.--Identification of a country by the CITES
Standing Committee as a country of primary concern because it is a
significant source or transit or destination point for illegal ivory
trade is deemed to be a certification with respect to the country for
the purposes of section 8(a) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1978(a)).''.
SEC. 7. CONSULTATION AND SANCTION.
(a) In General.--Part II of the African Elephant Conservation Act
(16 U.S.C. 4221 et seq.) is amended by adding at the end the following:
``SEC. 2206. CONSULTATION AND SANCTION.
``(a) Consultation.--Not later than 30 days after a certification
with respect to the country under section 2202(g), the President shall
seek to enter into consultations with the government of the country for
the purpose of obtaining an agreement that will immediately terminate
all illegal ivory trade into, out of, or within that country.
``(b) Prohibition on Trade in Related Natural Resources.--
``(1) In general.--If consultations with a government under
subsection (a) are not satisfactorily concluded within 90 days
or if a government refuses to enter into consultations, the
President shall direct the Secretary to prohibit the
importation into the United States of products of wildlife,
fish, and plants from that country until the earlier of--
``(A) the date an agreement with the country under
subsection (a) is finalized; or
``(B) the date the CITES Standing Committee finds
that the country is no longer a significant source or
transit or destination point for illegal ivory trade.
``(2) Public notice.--The Secretary shall publish public
notice of any prohibition under this subsection not later than
30 days before the effective date of the prohibition.
``(c) Determination of Effectiveness of Sanctions.--Not later than
180 days after the effective date of a prohibition under subsection
(b), the Secretary shall determine and report to Congress whether--
``(1) the prohibition is sufficient to cause the country to
terminate illegal ivory trade into, out of, or within that
country; and
``(2) that country has retaliated against the United States
as a result of that prohibition.''.
(b) Countries Identified Before Enactment.--In the case of a
country that before the date of the enactment of this Act was
identified by the CITES Standing Committee as a country of primary
concern because it is a significant source or transit or destination
point for illegal ivory trade and that the CITES Standing Committee
continues to identify as such on the date of the enactment of this Act,
the President shall seek to enter into consultations under the
amendment made by subsection (a) by not later than 30 days after the
date of the enactment of this Act. | Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014 - Amends the African Elephant Conservation Act to make it a policy to prevent additional African elephant ivory from entering global commerce, and to reduce demand for ivory that is driving elephant poaching by limiting natural resources-related trade with countries whose nationals are engaged in illegal ivory trade. Deems the identification of a country by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Standing Committee as a significant source or transit or destination point for illegal ivory trade to be a certification under the Fishermen's Protective Act of 1967 authorizing the President to prohibit the importation of such products from the offending country. Directs the President, within 30 days after receiving a certification, to enter into consultations with the offending country to obtain an agreement that terminates all illegal ivory trade into, out of, or within that country. Requires the President, if such consultations are not concluded within 90 days or if the country refuses to enter into consultations, to direct the Secretary of Commerce to prohibit the importation into the United States of wildlife, fish, and plant products from that country until the earlier of: the finalizing of the agreement, or a CITES Standing Committee finding that the country is no longer a significant source or transit or destination point for illegal ivory trade. Directs the Secretary, within 180 days after the prohibition, to determine whether: the prohibition is sufficient to cause the offending country to terminate illegal ivory trade, and that country has retaliated against the United States as a result of that prohibition. | {"src": "billsum_train", "title": "Targeted Use of Sanctions for Killing Elephants in Their Range Act of 2014"} | 1,517 | 361 | 0.575544 | 1.811171 | 0.755099 | 5.039604 | 4.567657 | 0.90099 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Allocation for Music Producers Act''
or the ``AMP Act''.
SEC. 2. PAYMENT OF STATUTORY PERFORMANCE ROYALTIES.
(a) Letter of Direction.--Section 114(g) of title 17, United States
Code, is amended by adding at the end the following:
``(5) Letter of direction.--
``(A) In general.--A nonprofit collective
designated by the Copyright Royalty Judges to
distribute receipts from the licensing of transmissions
in accordance with subsection (f) shall adopt and
reasonably implement a policy that provides, in
circumstances determined by the collective to be
appropriate, for acceptance of instructions from an
artist payee identified under subparagraph (A) or (D)
of paragraph (2) to distribute, to a producer, mixer,
or sound engineer who was part of the creative process
that created a sound recording, a portion of the
payments to which the artist payee would otherwise be
entitled from the licensing of transmissions of the
sound recording. In this section, such instructions
shall be referred to as a `letter of direction'.
``(B) Acceptance of letter.--To the extent that the
collective accepts a letter of direction under
subparagraph (A), the person entitled to payment
pursuant to the letter of direction shall, during the
period in which the letter of direction is in effect
and carried out by the collective, be treated for all
purposes as the owner of the right to receive such
payment and the artist payee providing the letter of
direction to the collective shall be treated as having
no interest in such payment.
``(C) Authority of collective.--This paragraph
shall not be construed in such a manner so that the
collective is not authorized to accept or act upon
payment instructions in circumstances other than those
to which this paragraph applies.''.
(b) Additional Provisions for Recordings Fixed Before November 1,
1995.--Section 114(g) of title 17, United States Code, as amended by
subsection (a), is further amended by adding at the end the following:
``(6) Sound recordings fixed before november 1, 1995.--
``(A) Payment absent letter of direction.--A
nonprofit collective designated by the Copyright
Royalty Judges to distribute receipts from the
licensing of transmissions in accordance with
subsection (f) (in this paragraph referred to as the
`collective') shall adopt and reasonably implement a
policy that provides, in circumstances determined by
the collective to be appropriate, for the deduction of
2 percent of the receipts that are collected from the
licensing of transmissions of a sound recording fixed
before November 1, 1995, but that are withdrawn from
the amount otherwise payable under paragraph (2)(D) to
the recording artist or artists featured on the sound
recording (or the persons conveying rights in the
artists' performance in the sound recording), and the
distribution of such amount to one or more persons
described in subparagraph (B), after deduction of costs
described in paragraph (3) or (4), as applicable, if
each of the following requirements is met:
``(i) Certification of attempt to obtain a
letter of direction.--The person described in
subparagraph (B) who is to receive the
distribution has certified to the collective,
under penalty of perjury, that--
``(I) for a period of at least 4
months, that person made reasonable
efforts to contact the artist payee for
such sound recording to request and
obtain a letter of direction
instructing the collective to pay to
that person a portion of the royalties
payable to the featured recording
artist or artists; and
``(II) during the period beginning
on the date that person began the
reasonable efforts described in
subclause (I) and ending on the date of
that person's certification to the
collective, the artist payee did not
affirm or deny in writing the request
for a letter of direction.
``(ii) Collective attempt to contact
artist.--After receipt of the certification
described in clause (i) and for a period of at
least 4 months before the collective's first
distribution to the person described in
subparagraph (B), the collective attempted, in
a reasonable manner as determined by the
collective, to notify the artist payee of the
certification made by the person described in
subparagraph (B).
``(iii) No objection received.--The artist
payee did not, as of the date that is 10
business days before the date on which the
first distribution is made, submit to the
collective in writing an objection to the
distribution.
``(B) Eligibility for payment.--A person shall be
eligible for payment under subparagraph (A) if the
person--
``(i) is a producer, mixer, or sound
engineer of the sound recording;
``(ii) has entered into a written contract
with a record company involved in the creation
or lawful exploitation of the sound recording,
or with the recording artist or artists
featured on the sound recording (or the persons
conveying rights in the artists' performance in
the sound recording), under which the person
seeking payment is entitled to participate in
royalty payments that are based on the
exploitation of the sound recording and are
payable from royalties otherwise payable to the
recording artist or artists featured on the
sound recording (or the persons conveying
rights in the artists' performance in the sound
recording);
``(iii) made a creative contribution to the
creation of the sound recording; and
``(iv) submits a written certification to
the collective stating, under penalty of
perjury, that the person meets the requirements
in clauses (i) through (iii) and includes a
true copy of the contract described in clause
(ii).
``(C) Multiple certifications.--Subject to
subparagraph (D), in a case in which more than 1 person
described in subparagraph (B) has met the requirements
for a distribution under subparagraph (A) with respect
to a sound recording as of the date that is 10 business
days before the date on which a distribution is made,
the collective shall divide the 2 percent distribution
equally among all such persons.
``(D) Objection to payment.--Not later than 10
business days after the collective receives from the
artist payee a written objection to a distribution made
pursuant to subparagraph (A), the collective shall
cease making any further payment relating to such
distribution. In any case in which the collective has
made one or more distributions pursuant to subparagraph
(A) to a person described in subparagraph (B) before
the date that is 10 business days after the date on
which the collective receives from the artist payee an
objection to such distribution, the objection shall not
affect that person's entitlement to any distribution
made before the collective ceases such distribution
under this subparagraph.
``(E) Ownership of the right to receive payments.--
To the extent that the collective determines that a
distribution will be made under subparagraph (A) to a
person described in subparagraph (B), such person
shall, during the period covered by such distribution,
be treated for all purposes as the owner of the right
to receive such payments and the artist payee to which
such payments would otherwise be payable shall be
treated as having no interest in such payments.
``(F) Artist payee defined.--In this paragraph, the
term `artist payee' means a person, other than a person
described in subparagraph (B), who owns the right to
receive all or part of the receipts payable under
paragraph (2)(D) with respect to a sound recording. In
a case in which there are multiple artist payees with
respect to a sound recording, an objection by 1 such
payee shall apply only to that payee's share of the
receipts payable under paragraph (2)(D), and does not
preclude payment under subparagraph (A) from the share
of an artist payee that does not so object.''.
(c) Technical and Conforming Amendments.--Section 114(g) of title
17, United States Code, as amended by subsections (a) and (b), is
further amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``An agent designated'' and inserting ``Except
as provided for in paragraph (6), a nonprofit collective
designated by the Copyright Royalty Judges'';
(2) in paragraph (3), in the matter preceding subparagraph
(A)--
(A) by striking ``nonprofit agent designated'' and
inserting ``nonprofit collective designated by the
Copyright Royalty Judges'';
(B) by striking ``another designated agent'' and
inserting ``another designated nonprofit collective'';
(C) by striking ``such nonprofit agent'' and
inserting ``such nonprofit collective''; and
(D) by striking ``such agent'' and inserting ``such
collective''; and
(3) in paragraph (4)--
(A) by striking ``designated agent'' and inserting
``nonprofit collective''; and
(B) by striking ``agent'' and inserting
``collective'' each subsequent place it appears.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by Act shall take effect on the
date of enactment of this Act. | Allocation for Music Producers Act or the AMP Act This bill authorizes royalties for producers, mixers, and sound engineers who made a creative contribution to a sound recording. A nonprofit collective designated by the Copyright Royalty Board shall adopt procedures for such royalty payments for various digital transmissions of the recording. The procedures shall allow the owner of the exclusive right to publicly perform the sound recording or the featured artist to instruct the collective to calculate and distribute the payments to the producers, mixers, and sound engineers. The instruction is called a "letter of direction." For sound recordings fixed before November 1, 1995, the nonprofit collective shall adopt policies for collecting and distributing such royalties, even without a letter of direction. The collective and those seeking royalties shall attempt to contact the featured artist to get a letter of direction; however, if the artist does not object within a specified time frame, the collective may distribute the royalties. | {"src": "billsum_train", "title": "Allocation for Music Producers Act"} | 2,095 | 198 | 0.683086 | 2.086223 | 0.755277 | 2.185393 | 10.977528 | 0.814607 |
SECTION 1. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.
Title I of the Indian Health Care Improvement Act (25 U.S.C. 1611
et seq.) is amended by adding at the end the following new section:
``SEC. 125. ON-CALL PAY FOR CERTAIN TECHNICAL MEDICAL EMPLOYEES.
``(a) In General.--The Secretary shall pay a technical medical
employee of the Service for such time as the technical medical employee
is officially scheduled to be on call outside such technical medical
employee's regular hours or on a holiday designated by Federal statute
or Executive order for such time as the technical medical employee may
be called back to work at a rate that is equal to 10 percent of the
amount that is equal to one and \1/2\ times such technical medical
employee's hourly rate of basic pay.
``(b) Technical Medical Employee.--For the purposes of this
section, the term `technical medical employee' includes the following:
``(1) Medical technician.--An employee whose position is in
the GS-0645 occupational series. Such a position may involve
nonprofessional technical work in clinical (medical)
laboratories such as performing tests and examinations in one
or more areas of work (such as chemistry, blood banking,
hematology, or microbiology) where the reports of findings of
tests and examinations may be used by physicians in diagnosis,
care and treatment of patients, or in support of medical
research. The work may require a practical knowledge of the
techniques of medical laboratory practice in one or more areas
of clinical laboratory work (e.g., blood banking, chemistry,
hematology, microbiology, and cytology) and of the chemistry,
biology, and anatomy involved.
``(2) Medical technologist.--An employee whose position is
in the GS-0644 occupational series. Such a position may involve
one or more of the following:
``(A) Technical work subordinate to the work of
pathologists or other physicians (or other professional
employee) who make the final diagnostic examinations of
specimens of human tissues or cell preparations).
``(B) Technician work in histopathology involving
preparation of thin sections of tissue specimens
including fixing, clear, infiltrating, embedding,
sectioning, staining, and mounting.
``(C) Technician work in cytology involving
preparation, staining, and examining microscopically
specimens of body fluids, secretions, and exudiations
from any part of the body to determine whether cellar
structure is normal, atypical, or abnormal.
``(D) Work requiring a practical knowledge of the
techniques of anatomical laboratory practice in one or
both of the areas of laboratory work (i.e.
histopathology and cytology) and of the chemistry,
biology, and anatomy involved.
``(3) Diagnostic radiologic technologist or technician.--An
employee whose position is in the GS-0647 occupational series.
Such a position may involve one or more of the following:
``(A) Performing most routine diagnostic
radiographic procedures under general supervision and
gains experience in the performance of more difficult
techniques and procedures by assisting higher grade
technologists.
``(B) Operating radiographic equipment to produce
x-ray films of chest, joints, feet, hands, long bones
of arms and legs, and other routine views of other
parts of the body.
``(C) Working with outpatients or ambulatory
patients, positions patients, and sets technical
factors in accordance with standardized procedures and
techniques.
``(D) Performing a variety of difficult
radiographic examinations.
``(E) Receiving patients, explaining method of
procedure, positions patient, selecting and setting
technical factors, setting up and adjusting accessory
equipment required, and making exposures necessary for
the requested procedure.
``(c) Modifications.--The Secretary shall carry out the intent of
this section so that it applies to--
``(1) subsequent or additional occupational series
designations or redesignations; and
``(2) modified or additional employee descriptions as such
modifications or additions are necessary to correspond with
technological advancements.
``(d) Exception for Rate of On-Call Pay.--An employee who is
eligible for on-call pay under subsection (a) and who was receiving
standby premium pay pursuant to section 5545 of title 5 on May 20,
1988, shall, as long as such employee is employed in the same position
and work unit and remains eligible for such standby pay, receive pay
for any period of on-call duty at the rate equal to the greater of--
``(1) the rate of pay which such employee would receive if
being paid the rate of standby pay pursuant to such section
that such individual would be entitled to receive if such
individual were not scheduled to be on call instead, or
``(2) the rate of pay which such employee is entitled to
receive including on-call premium pay described in subsection
(a).''. | Amends the Indian Health Care Improvement Act to provide for certain technical medical employees of the Indian Health Service to be paid for such time as they are officially scheduled to be on call outside their regular hours or on a holiday for such time as they may be called back to work. | {"src": "billsum_train", "title": "To amend the Indian Health Care Improvement Act to require that certain technical medical employees of the Indian Health Service be compensated for time during which they are required to be on-call."} | 1,114 | 58 | 0.466227 | 1.22248 | 0.202557 | 4.12963 | 18.574074 | 0.907407 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Sexual Abuse Prevention Act of
1994''.
SEC. 2. PENALTIES FOR INTERNATIONAL TRAFFICKING IN CHILD PORNOGRAPHY.
(a) Import Related Offense.--Chapter 110 of title 18, United States
Code, is amended by adding at the end the following new section:
``Sec. 2259. Production of sexually explicit depictions of a minor for
importation into the United States
``(a) Use of Minor.--A person who, outside the United States,
employs, uses, persuades, induces, entices, or coerces any minor to
engage in, or who has a minor assist any other person to engage in, or
who transports any minor with the intent that the minor engage in any
sexually explicit conduct for the purpose of producing any visual
depiction of such conduct, intending that the visual depiction will be
imported into the United States or into waters within 12 miles of the
coast of the United States, shall be punished as provided in subsection
(c).
``(b) Use of Visual Depiction.--A person who, outside the United
States, knowingly receives, transports, ships, distributes, sells, or
possesses with intent to transport, ship, sell, or distribute any
visual depiction of a minor engaging in sexually explicit conduct (if
the production of the visual depiction involved the use of a minor
engaging in sexually explicit conduct), intending that the visual
depiction will be imported into the United States or into waters within
a distance of 12 miles of the coast of the United States, shall be
punished as provided in subsection (c).
``(c) Penalties.--A person who violates subsection (a) or (b), or
conspires or attempts to do so--
``(1) shall be fined under this title, imprisoned not more
than 10 years, or both; and
``(2) if the person has a prior conviction under this
chapter or chapter 109A, shall be fined under this title,
imprisoned not more than 20 years, or both.''.
(b) Technical Amendment.--
(1) Chapter analysis.--The table of sections at the
beginning of chapter 110 of title 18, United States Code, is
amended by adding at the end the following new item:
``2259. Production of sexually explicit depictions of a minor for
importation into the United States.''.
(2) Fine provisions.--Section 2251(d) of title 18, United
States Code, is amended--
(A) by striking ``not more than $100,000, or'' and
inserting ``under this title,'';
(B) by striking ``not more than $200,000, or'' and
inserting ``under this title,''; and
(C) by striking ``not more than $250,000'' and
inserting ``under this title''.
(c) Section 2251 Penalty Enhancement.--Section 2251(d) of title 18,
United States Code, is amended by striking ``this section'' the second
place it appears and inserting ``this chapter or chapter 109A''.
(d) Section 2252 Penalty Enhancement.--Section 2252(b)(1) of title
18, United States Code, is amended by striking ``this section'' and
inserting ``this chapter or chapter 109A''.
(e) Conspiracy and Attempt.--Sections 2251(d) and 2252(b) of title
18, United States Code, are each amended by inserting ``, or attempts
or conspires to violate,'' after ``violates'' each place it appears.
(f) RICO Amendment.--Section 1961(l) of title 18, United States
Code, is amended by striking ``2251-2252'' and inserting ``2251, 2252,
and 2259''.
(g) Transportation of Minors.--Chapter 117 of title 18, United
States Code, is amended--
(1) by adding at the end the following new section:
``Sec. 2425. Travel with intent to engage in a sexual act with a
juvenile
``A person who travels in interstate commerce, or conspires to do
so, or a United States citizen or an alien admitted for permanent
residence in the United States who travels in foreign commerce, or
conspires to do so, for the purpose of engaging in any sexual act (as
defined in section 2245) with a person under 18 years of age that would
be in violation of chapter 109A if the sexual act occurred in the
special maritime and territorial jurisdiction of the United States
shall be fined under this title, imprisoned not more than 10 years, or
both.''; and
(2) in the table of sections at the beginning, by adding at
the end the following new item:
``2425. Travel with intent to engage in a sexual act with a
juvenile.''.
SEC. 3. SENSE OF CONGRESS CONCERNING STATE LEGISLATION REGARDING CHILD
PORNOGRAPHY.
It is the sense of the Congress that each State that has not yet
done so should enact legislation prohibiting the production,
distribution, receipt, or simple possession of materials depicting a
person under 18 years of age engaging in sexually explicit conduct (as
defined in section 2256 of title 18, United States Code) and providing
for a maximum imprisonment of at least 1 year and for the forfeiture of
assets used in the commission or support of, or gained from, such
offenses. | Child Sexual Abuse Prevention Act of 1994 - Amends the Federal criminal code to prohibit, and establish penalties for: (1) employing or inducing a minor to engage in sexually explicit conduct for the purpose of producing any visual depiction of such conduct, intending that such depiction will be imported into the United States or into waters within 12 miles of the coast of the United States; and (2) knowingly receiving, transporting, distributing, selling, or possessing with intent to transport, sell, or distribute such depiction, with such intent.
Repeals the caps on fines for sexual exploitation of children.
Subjects individuals who violate prohibitions against sexual exploitation of children (as under current law) or sexual abuse to a fine or imprisonment for up to ten years, or both, and a fine or from five to 15 years, or both, if such individual has a prior conviction of sexual abuse. Sets forth: (1) analogous provisions with respect to certain activities relating to material involving the sexual exploitation of children (as under current law) or sexual exploitation of minors; and (2) penalties for conspiring and attempting to violate such provisions.
Makes violation of this Act a predicate offense to a violation of the Racketeer Influenced and Corrupt Organizations statute.
Sets penalties for travel in interstate commerce with intent to engage in a sexual act with a person under age 18.
Expresses the sense of the Congress that each State that has not yet done so should enact legislation prohibiting the production, distribution, receipt, or simple possession of materials depicting a person under age 18 engaging in sexually explicit conduct and providing for a maximum imprisonment of at least one year and the forfeiture of assets used in the commission or support of, or gained from, such offenses. | {"src": "billsum_train", "title": "Child Sexual Abuse Prevention Act of 1994"} | 1,276 | 397 | 0.665254 | 2.159912 | 0.833105 | 4.221574 | 3.201166 | 0.810496 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Law Enforcement Museum
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum Act
(Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc. to build the National
Law Enforcement Museum on Federal land in the District of
Columbia to honor and commemorate the service and sacrifice of
law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial in
Judiciary Square.
(3) The National Law Enforcement Museum will formally open
in September of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary
service and sacrifice of America's law enforcement
officers;
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their
footsteps, and between America's peace officers and the
public they serve; and
(C) increase public understanding and support for
law enforcement and to promote law enforcement safety.
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 coin:
(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 not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(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 section 5134 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 National Law Enforcement Museum
and the service and sacrifice of law enforcement officers
throughout the history of the United States.
(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 ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(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 National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage 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 Facilities.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2021.
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 issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) 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 National Law Enforcement Officers Memorial Fund, Inc.
for educational and outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial 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
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | National Law Enforcement Museum Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins that are emblematic of the National Law Enforcement Museum in Washington, DC, and the service and sacrifice of law enforcement officers throughout the history of the United States. All sales of such coins shall include specified surcharges, which shall be distributed to the National Law Enforcement Officers Memorial Fund, Inc., for educational and outreach programs and exhibits. | {"src": "billsum_train", "title": "National Law Enforcement Museum Commemorative Coin Act"} | 1,435 | 117 | 0.596515 | 1.714101 | 0.584618 | 4.4 | 12.561905 | 0.895238 |
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