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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Laboratory Personnel
Shortage Act of 2003''.
SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF HEALTH RESOURCES AND SERVICES ADMINISTRATION.
(a) Scholarship and Loan Repayment Programs.--Section 737 of the
Public Health Service Act (42 U.S.C. 293a)) is amended by adding at the
end the following subsection:
``(e) Scholarship and Loan Repayment Program for Medical
Technologists, Medical Laboratory Technicians, and Other Medical
Laboratory Personnel.--
``(1) In general.--The Secretary shall establish a program
of scholarships and loan repayment for the purpose of
alleviating the shortage of medical laboratory personnel. The
scholarship and loan repayment program shall include a period
of obligated service for recipients in a designated health
professional shortage area, or other area where there is a
shortage of medical laboratory personnel. The Secretary may
model the program after the scholarship and loan repayment
programs under sections 338A and 338B.
``(2) Eligible entities.--Schools of allied health, and
health care institution-based programs training medical
laboratory personnel, are eligible to receive awards under
paragraph (1).
``(3) Authorization of appropriations.--For the purpose of
carrying out this subsection, there are authorized to be
appropriated $11,193,000 in fiscal year 2004, and such sums as
may be necessary for each of the fiscal years 2005 through
2008. Such authorization is in addition to other authorizations
of appropriations that are available for such purpose.''.
(b) Other Programs Under Title VII.--
(1) Allied health and other disciplines.--
(A) Preference in making awards; public service
announcements.--Section 755 of the Public Health
Service Act (42 U.S.C. 294e)) is amended by adding at
the end the following subsections:
``(c) Preference in Making Awards.--In making awards of grants and
contracts under subsection (a), the Secretary shall give preference to
making awards to assist entities in meeting the costs associated with
expanding or establishing programs that will increase the number of
individuals trained as medical laboratory personnel.
``(d) Public Service Announcements.--The Secretary shall develop
and issue public service announcements that advertise and promote
medical laboratory personnel careers, highlight the advantages and
rewards of medical laboratory personnel careers, and encourage
individuals to enter medical laboratory personnel careers.''.
(B) Authorization of appropriations.--Section 757
of the Public Health Service Act (42 U.S.C. 294g(a)) is
amended by adding at the end the following subsection:
``(d) Allied Health and Other Disciplines.--For the purpose of
carrying out section 755, there are authorized to be appropriated
$100,000,000 for fiscal year 2004, and such sums as may be necessary
for each of the fiscal years 2005 through 2008. Such authorization is
in addition to the authorizations of appropriations under subsection
(a) that are available for such purpose.''.
(2) Other title vii programs.--Section 740 of the Public
Health Service Act (42 U.S.C. 293d) is amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
subsection:
``(d) Medical Laboratory Personnel.--For the purpose of increasing
the number of individuals trained as medical laboratory personnel
through making awards of grants or contracts under sections 737 through
739 for appropriate schools of allied health, there are authorized to
be appropriated, in addition to authorizations of appropriations under
subsections (a) through (c) that are available for such purpose, the
following:
``(1) For awards under section 738 to serve as members of
the faculty of such schools, $332,500 for fiscal year 2004, and
such sums as may be necessary for each of the fiscal years 2005
through 2008.
``(2) For awards under section 739 to such schools,
$8,200,000 for fiscal year 2004, and such sums as may be
necessary for each of the fiscal years 2005 through 2008.''.
(3) Definition of medical laboratory personnel.--Section
799B of the Public Health Service Act (42 U.S.C. 295p) is
amended by adding at the end the following:
``(12) The term `medical laboratory personnel' means allied
health professionals (as defined in paragraph (5)) who are
medical technologists, cytotechnologists, histotechnologists,
phlebotomists, or medical laboratory technicians, or who are in
other fields that, within the meaning of section 353(a)
(relating to the certification of clinical laboratories),
examine materials derived from the human body for the purpose
of providing information for the diagnosis, prevention, or
treatment of any disease or impairment of, or the assessment of
the health of, human beings.''.
SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF CENTERS FOR DISEASE CONTROL AND PREVENTION.
Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.)
is amended by inserting after section 1509 the following section:
``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS
REGARDING SCREENING FOR CERVICAL CANCER.
``(a) In General.--The Secretary, acting through the Administrator
of the Health Resources and Services Administration and in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall make grants to appropriate public and nonprofit
private entities to provide training to increase the number of
cytotechnologists who are available with respect to screening women for
cervical cancer.
``(b) Funding.--
``(1) In general.--Subject to paragraph (2), for the
purpose of carrying out this section, there are authorized to
be appropriated $10,000,000 for fiscal year 2004, and such sums
as may be necessary for each of the fiscal years 2005 through
2008.
``(2) Limitation.--The authorization of appropriations
established in paragraph (1) is not effective for a fiscal year
unless the amount appropriated under section 1510(a) for the
fiscal year is equal to or greater than $173,928,000.''.
SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS
OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE.
Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C.
285b-4(c)(3)(C)) is amended by inserting after ``allied health
professionals'' the following: ``, with emphasis given in the training
of such professionals to the training of medical laboratory personnel
(as defined in section 799B) in medical laboratory disciplines with
respect to which there are needs for increased numbers of personnel''. | Medical Laboratory Personnel Shortage Act of 2003 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), through scholarships and loans for health professional training that may be modeled after the National Health Service Corps' scholarship and loan repayment programs, to alleviate the shortage of medical laboratory personnel where needed. Allows schools of allied health, as well as health care institution-based programs training medical laboratory personnel, to receive such awards.Requires the Secretary to give preference, in making awards of grants and contracts to increase the number of individuals trained in allied health professions, to entities with programs training medical laboratory personnel. Directs the Secretary to develop and issue public service announcements advertising medical laboratory personnel careers and encouraging individuals to enter the medical laboratory field.Directs the Secretary to make grants for training to increase the number of cytotechnologists available for screening women for cervical cancer. | {"src": "billsum_train", "title": "To amend the Public Health Service Act with respect to the shortage of medical laboratory personnel."} | 1,586 | 192 | 0.67535 | 1.869251 | 0.843843 | 2.841176 | 7.823529 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in American Innovation Act
of 2012''.
SEC. 2. EXTENSION OF RESEARCH AND DEVELOPMENT TAX CREDIT.
(a) In General.--Subparagraph (B) of section 41(h)(1) of the
Internal Revenue Code of 1986 is amended by striking ``December 31,
2011'' and inserting ``December 31, 2012''.
(b) Conforming Amendment.--Subparagraph (D) of section 45C(b)(1) of
such Code is amended by striking ``December 31, 2011'' and inserting
``December 31, 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after December 31, 2011.
SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.
(a) In General.--Section 894 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(d) Limitation on Treaty Benefits for Certain Deductible
Payments.--
``(1) In general.--In the case of any deductible related-
party payment, any withholding tax imposed under chapter 3 (and
any tax imposed under subpart A or B of this part) with respect
to such payment may not be reduced under any treaty of the
United States unless any such withholding tax would be reduced
under a treaty of the United States if such payment were made
directly to the foreign parent corporation.
``(2) Deductible related-party payment.--For purposes of
this subsection, the term `deductible related-party payment'
means any payment made, directly or indirectly, by any person
to any other person if the payment is allowable as a deduction
under this chapter and both persons are members of the same
foreign controlled group of entities.
``(3) Foreign controlled group of entities.--For purposes
of this subsection--
``(A) In general.--The term `foreign controlled
group of entities' means a controlled group of entities
the common parent of which is a foreign corporation.
``(B) Controlled group of entities.--The term
`controlled group of entities' means a controlled group
of corporations as defined in section 1563(a)(1),
except that--
``(i) `more than 50 percent' shall be
substituted for `at least 80 percent' each
place it appears therein, and
``(ii) the determination shall be made
without regard to subsections (a)(4) and (b)(2)
of section 1563.
A partnership or any other entity (other than a
corporation) shall be treated as a member of a
controlled group of entities if such entity is
controlled (within the meaning of section 954(d)(3)) by
members of such group (including any entity treated as
a member of such group by reason of this sentence).
``(4) Foreign parent corporation.--For purposes of this
subsection, the term `foreign parent corporation' means, with
respect to any deductible related-party payment, the common
parent of the foreign controlled group of entities referred to
in paragraph (3)(A).
``(5) Regulations.--The Secretary may prescribe such
regulations or other guidance as are necessary or appropriate
to carry out the purposes of this subsection, including
regulations or other guidance which provide for--
``(A) the treatment of two or more persons as
members of a foreign controlled group of entities if
such persons would be the common parent of such group
if treated as one corporation, and
``(B) the treatment of any member of a foreign
controlled group of entities as the common parent of
such group if such treatment is appropriate taking into
account the economic relationships among such
entities.''.
(b) Effective Date.--The amendment made by this section shall apply
to payments made after the date of the enactment of this Act.
SEC. 4. GENERAL AVIATION AIRCRAFT TREATED AS 7-YEAR PROPERTY.
(a) In General.--Subparagraph (C) of section 168(e)(3) of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of clause (iv), by redesignating clause (v) as clause (vi), and by
inserting after clause (iv) the following new clause:
``(v) any general aviation aircraft, and''.
(b) Class Life.--Paragraph (3) of section 168(g) of such Code is
amended by inserting after subparagraph (E) the following new
subparagraph:
``(F) General aviation aircraft.--In the case of
any general aviation aircraft, the recovery period used
for purposes of paragraph (2) shall be 12 years.''.
(c) General Aviation Aircraft.--Subsection (i) of section 168 such
Code is amended by inserting after paragraph (19) the following new
paragraph:
``(20) General aviation aircraft.--The term `general
aviation aircraft' means any airplane or helicopter (including
airframes and engines) not used in commercial or contract
carrying of passengers or freight, but which primarily engages
in the carrying of passengers.''.
(d) Effective Date.--This section shall be effective for property
placed in service after December 31, 2012. | Investing in American Innovation Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2012 the tax credit for increasing research activities; (2) prohibit a reduction under any treaty of the United States of tax withholding for a tax deductible payment made between persons who are members of the same foreign controlled group of entities unless there would be a similar reduction for payments made directly to the foreign parent corporation of such entities; and (3) classify general aviation aircraft as seven-year property for purposes of the depreciation tax deduction (currently, expenses for aircraft can be deducted or expensed in the current taxable year). Defines "general aviation aircraft" as any airplane or helicopter not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to extend the research and development tax credit, to limit treaty benefits with respect to certain deductible related-party payments, and to treat general aviation aircraft as 7-year property."} | 1,191 | 173 | 0.568895 | 1.638482 | 0.76436 | 3.032258 | 6.787097 | 0.825806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Market Acquisition Drug
Price Act of 2002''.
SEC. 2. REFORM OF PAYMENT FOR DRUGS AND BIOLOGICALS UNDER THE MEDICARE
PROGRAM.
(a) Payment Reform.--
(1) In general.--Section 1842(o) of the Social Security Act
(42 U.S.C. 1395u(o)) is amended to read as follows:
``(o) Payment for Drugs and Biologicals.--
``(1) General rule.--If a physician's, supplier's, or any
other person's bill or request for payment for services
includes a charge for a drug or biological for which payment
may be made under this part and the drug or biological is not
paid on a cost or prospective payment basis as otherwise
provided in this part, the amount payable for the drug or
biological shall be based on the following:
``(A) Multi-source (generic) drugs.--In the case of
a drug or biological that meets the requirements for a
multi-source drug under subclauses (I) and (II) of
section 1927(k)(7)(A)(i), 105 percent of the volume-
weighted median average acquisition price for any drug
or biological covered under the same medicare HCPCS
code.
``(B) Single source (brand) drugs and
biologicals.--In the case of a drug or biological that
meets the requirements for a single source drug under
section 1927(k)(7)(A)(iv), 105 percent of the average
acquisition price for the drug or biological.
``(C) Access exception.--The Secretary may modify
the rate otherwise applicable in order to assure access
to necessary drugs and biologicals in the case of sole
community providers in rural and other areas where the
providers are not reasonably able to obtain the drugs
and biologicals at the payment rates otherwise
applicable. Such modification shall not result in a
change of more than 15 percent of the rate otherwise
applicable.
``(D) Data-related exception.--If the Secretary
determines that there is insufficient data available
with respect to compute an average acquisition price
for a drug or biological for a quarter or that, because
of a significant change in price from quarter-to-
quarter, the available data on the average acquisition
price does not accurately reflect the actual, current
acquisition cost for the drug or biological, the
Secretary may substitute for the quarters involved an
appropriate payment for the drug or biological for such
average acquisition price.
``(E) Application of ndc codes.--If the Secretary
determines that it is appropriate to provide for
payment under this subsection using national drug code
(NDC) instead of HCPCS codes, in applying subparagraph
(A) the reference to the same HCPCS code shall be
deemed a reference to the appropriate national drug
codes for those drugs or biologicals that are
therapeutically and pharmaceutically equivalent and
bioequivalent (as defined for purposes of section
1927(k)(7)(A)).
``(2) Definition of average acquisition price.--
``(A) In general.--For purposes of this subsection,
the term `average acquisition price' means, with
respect to a drug or biological and with respect to
each dosage form and strength of the drug or biological
product (without regard to any special packaging,
labeling, or identifiers on the dosage form or product
or package), the average of all final sales prices
charged by the manufacturer of the drug or biological
product in the United States, excluding sales exempt
from inclusion in the calculation of best price under section
1927(c)(1)(C) (other than under clause (ii)(III) of such section) and
excluding sales subject to a rebate under section 1927, as reported
under paragraph (3).
``(B) Net price.--Such average acquisition price
shall be calculated net of all of the following (as
estimated by the Secretary):
``(i) Volume discounts.
``(ii) Prompt pay discounts and cash
discounts.
``(iii) Charge-backs.
``(iv) Short-dated product discounts (for
spoilage and other factors).
``(v) Free goods and services.
``(vi) Rebates.
``(vii) All other price concessions
provided by the drug manufacturer.
The Secretary may make subsequent adjustments in such
average acquisition price to take into account updated
information and differences between the price
previously estimated and the actual average acquisition
price.
``(C) Weighting.--The average of all final sales
prices described in subparagraph (A) shall be
determined by dividing--
``(i) the sum of all final prices charged
by the manufacturer (net of the adjustments
made under subparagraph (B)) for sales in the
period involved that are included in
subparagraph (A) for the drug or biological, by
``(ii) the total number of units of such
sales in the period.
``(D) Distribution of reports.--The Secretary shall
promptly distribute applicable payment rates under this
subsection to carriers and fiscal intermediaries and
other contractors that make payment for drugs and
biologicals under this section in order to apply a
uniform reimbursement rate under this section.
``(3) Price reporting requirement.--
``(A) In general.--As a condition for payment for
any drug or biological of a manufacturer under this
subsection, the manufacturer of the drug or biological
shall--
``(i) report, on a quarterly basis, to the
Secretary (or the Secretary's designee) the
manufacturer's average acquisition price and
the information required under subparagraph (C)
for all drugs and biologicals of the
manufacturer by national drug code (NDC);
``(ii) maintain such records (in written or
electronic form) regarding such sales and
prices for all such drugs and biologicals as
may be necessary to audit the information so
reported or required to be reported; and
``(iii) provide the Secretary with access
to such records in order to permit the
Secretary to audit information so reported or
required to be reported.
``(B) Penalties.--The provisions of section
1927(b)(3)(C) shall apply with respect to the reporting
of information under subparagraph (A) in the same
manner as it applies to the reporting of information
under section 1927(b)(3)(A), except that the reference
in clause (i) of such section to $10,000 is deemed a
reference to $100,000 and any reference to a suspension
of an agreement is deemed a reference to a suspension
of payment for the drug or biological involved under
this part. The Secretary shall promptly refer to the
Inspector General of the Department of Health and Human
Services and, if appropriate, to appropriate officials
in the Department of Justice cases in which the
Secretary becomes aware of a false price representation
made in the information submitted under this paragraph.
``(C) Form of reporting.--Information required to
be reported under subparagraph (A)(i) shall be reported
in a form and manner specified by the Secretary. The
information required to be reported shall include the
identification of the generic name of the drug or
biological and its brand name (if any), the national
drug code (NDC) and the HCPCS code assigned to the drug
or biological, the dosage form, strength, volume, and
package size involved. The information for a quarter
shall be submitted not later than 30 days after the end
of the quarter. The information shall be accompanied by
a written and signed certification by an officer of the
manufacturer attesting to the accuracy of the
information reported. Such information shall include
updated information on the net price realized (taking
into account rebates and other amounts affecting net price), regardless
of the period for which such a rebate or other adjustment in net price
might have been earned.
``(D) Auditing.--The Secretary shall audit on a
periodic basis information reported or required to be
reported under this paragraph. The Secretary may
conduct such independent price gathering activities,
such as surveys and review of published catalog
information or other transactional information, as may
be appropriate to verify the accuracy of the
information reported.
``(4) Dispensing fee.--If payment for a drug or biological
is made to a licensed pharmacy approved to dispense drugs or
biologicals under this part, the Secretary shall pay a
dispensing fee (less the applicable deductible and coinsurance
amounts) to the pharmacy. Such a dispensing fee shall be
subject to adjustment from year to year based upon changes in
the consumer price index over time and may be adjusted as the
Secretary determines to be appropriate to reflect differences
in the costs of dispensing different drugs and biologicals.
``(5) Payment required on an assignment-related basis.--
``(A) In general.--Payment for a charge for any
drug or biological for which payment may be made under
this part may be made only on an assignment-related
basis.
``(B) Application of enforcement provisions.--The
provisions of subsection (b)(18)(B) shall apply to
charges for such drugs or biologicals in the same
manner as they apply to services furnished by a
practitioner described in subsection (b)(18)(C).''.
(2) Effective date.--Subject to subsection (c)(2), the
amendment made by paragraph (1) shall apply to drugs and
biologicals furnished on or after January 1, 2003.
(b) Revision in Practice Expense Payments.--
(1) Adjustment in oncologist medical supply expenses.--In
computing the practice expense component of the physician fee
schedule under section 1848 of the Social Security Act (42
U.S.C. 1395w-4) with respect to payment for services of
oncologists, the Secretary of Health and Human Services shall
make adjustments to oncologists' reported medical supply
expenses in order to ensure that such expenses better reflect
the actual supply costs of providing such services.
(2) Allocation of indirect expenses.--In establishing such
fee schedule, the Secretary shall change the allocation of
indirect expenses in a manner so that all services, including
services without direct physician involvement, are allocated
the appropriate share of indirect expenses.
(3) Services without direct physician involvement.--In
establishing such fee schedule, the Secretary shall calculate
payments, for those services without direct physician
involvement under the basic method, using information on the
resources required for each services and, if deemed necessary,
shall validate the underlying resource-based estimates of
direct practice expenses required to provide each service.
(4) Budget neutral adjustment.--The changes in payment made
by this subsection shall not be treated as a change in law or
regulation described in section 1848(f)(2)(D) of the Social
Security Act (42 U.S.C. 1395w-4(f)(2)(D)).
(5) Effective date.--The provisions of this subsection
apply to payments for services furnished on or after January 1,
2003.
(c) Study of Payments for Blood Clotting Factors and Other
Biologicals.--
(1) In general.--The Secretary of Health and Human Services
shall provide for a study of the appropriateness of the
medicare payment methodology for blood clotting factors and
other biologicals under part B of title XVIII of the Social
Security Act. Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report on such study and shall include in such report
recommendations regarding whether to apply the payment
methodology provided under the amendment made by subsection
(a)(1) and alternative recommendations for appropriate
dispensing fees.
(2) Delay in effective date.--The amendment made by
subsection (a)(1) shall not apply to blood clotting factors
furnished before the first day of the first calendar year that
begins at least 6 months after the date the report under
paragraph (1) has been submitted to the Congress. | Medicare Market Acquisition Drug Price Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise payment for drugs and biologicals under Medicare.Directs the Secretary of Health and Human Services, in computing the practice expense component of the Medicare physician fee schedule with respect to payment for services of oncologists, to make adjustments to an oncologist's reported medical supply expenses in order to ensure that they better reflect the actual supply costs of providing such services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act with respect to reform of payment for drugs and biologicals under the Medicare Program."} | 2,572 | 108 | 0.498998 | 1.270868 | 0.646546 | 4.648352 | 26.087912 | 0.956044 |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds the following:
(A) Fort Presque Isle was a frontier outpost
located on Garrison Hill in the area of present-day
Erie, Pennsylvania, which was the site of the American
installations built in 1795 and 1796 and in the War of
1812.
(B) General Anthony Wayne was a Revolutionary War
hero who served under General George Washington and, at
one point, was commanding general of the United States
Army. He first arrived in the area of Presque Isle in
1786.
(C) Legend has it that General Wayne was nicknamed
``Mad'' by his troops, not for being rash or foolish,
but for his leadership and bravery on and off the
battlefield.
(D) The original blockhouse of Fort Presque Isle
was built in 1795 by 200 Federal troops from General
Wayne's army, under the direction of Captain John
Grubb. It was the first blockhouse used as part of a
defensive system established to counter Native American
uprisings. It was also used during the War of 1812.
(E) General Wayne was stricken ill at Fort Presque
Isle and died there in 1796. At his request, his body
was buried under the flagpole of the northwest
blockhouse of the fort.
(F) The original blockhouse of Fort Presque Isle
burned in 1852, and the existing structure was built by
the Commonwealth of Pennsylvania in 1880 as a memorial
to General Wayne.
(G) The Pennsylvania Historical and Museum
Commission has recognized the reconstructed blockhouse
as eligible for placement on the National Register of
Historic Places.
(2) Purposes.--The purposes of this section are the
following:
(A) To provide for reconstruction of the frontier
fort at Presque Isle for the benefit, inspiration, and
education of the people of the United States.
(B) To preserve the original grave site of General
``Mad'' Anthony Wayne at Fort Presque Isle.
(C) To broaden understanding of the historical
significance of Fort Presque Isle.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Fort Presque Isle National Historic Site established by
subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Fort Presque Isle National Historic Site.--
(1) Establishment.--There is established as a unit of the
National Park System the Fort Presque Isle National Historic
Site in Erie, Pennsylvania.
(2) Description.--
(A) In general.--The historic site shall consist of
land and improvements comprising the historic location
of Fort Presque Isle, including the existing blockhouse
replica at that location, as depicted on a map entitled
``________'', numbered ________ and dated ________,
comprising approximately ________ acres.
(B) Map and boundary description.--The map referred
to in subparagraph (A) and accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service and any other office of the
National Park Service that the Secretary determines to
be an appropriate location for filing the map and
boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the National
Park System, including the Act of August 25, 1916 (commonly
known as the National Park Service Organic Act; 16 U.S.C. 1 et
seq.), and the Act of August 21, 1935 (commonly known as the
Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461
et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any
eligible person described in subparagraph (B) technical
assistance for the preservation of historic structures
of, the maintenance of the cultural landscape of, and
local preservation planning for, the historic site.
(B) Eligible persons.--The eligible persons
described in this subparagraph are--
(i) an owner of real property within the
boundary of the historic site, as described in
subsection (c)(2); and
(ii) any interested individual, agency,
organization, or institution that has entered
into an agreement with the Secretary pursuant
to paragraph (2) of this subsection.
(e) Acquisition of Real Property.--The Secretary may acquire by
donation, exchange, or purchase with funds made available by donation
or appropriation, such lands or interests in lands as may be necessary
to allow for the interpretation, preservation, or restoration of the
historic site.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third
full fiscal year beginning after the date of enactment of this
Act, the Secretary shall, in consultation with the officials
described in paragraph (2), prepare a general management plan
for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate official
of each appropriate political subdivision of the State of
Pennsylvania that has jurisdiction over all or a portion of the
historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a copy
of the plan to the Committee on Energy and Natural Resources of
the Senate and the Committee on Resources of the House of
Representatives.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary such sums as are necessary to carry out
this section. | Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania, as a unit of the National Park System.Authorizes the Secretary of the Interior to acquire lands or interests and to prepare a general management plan for the site. | {"src": "billsum_train", "title": "To establish the Fort Presque Isle National Historic Site in the Commonwealth of Pennsylvania."} | 1,301 | 55 | 0.440054 | 1.205489 | 0.305928 | 3.409091 | 27.772727 | 0.954545 |
SECTION 1. FINDINGS.
(a) The Congress finds that--
(1) fraudulent activity in the United States has a
devastating effect on the elderly;
(2) as the fears of the elderly over financial security
have increased over the years, so too have the deceptive
tactics of unscrupulous groups that prey on those fears;
(3) elderly citizens represent 12.5 percent of the
population, but they are 30 percent of the victims of fraud;
(4) elderly citizens are far more likely to be subjected to
questionable and unscrupulous sales practices than any other
age group;
(5) elderly citizens, because they are home more than
younger citizens, are more accessible to fraudulent practices
involving the telemarketer's call or the knock of a door-to-
door salesperson;
(6) schemes to bilk the elderly are becoming increasingly
common as dishonest persons manage to sell inferior, worthless,
unnecessary, and sometimes nonexistent products to thousands of
elderly citizens nationwide;
(7) schemes to bilk the elderly involve outrageous tactics
and rob the elderly of their savings, independence, and
dignity;
(8) phony vacations, fraudulent credit repair services, and
free prizes are but a few of the practices and activities
involving consumer fraud carried out against the elderly;
(9) persons engaged in consumer fraud against the elderly
are highly mobile and prosecution is difficult; and
(10) such practices and activities are a blight on
reputable businesses engaged in legitimate marketing practices.
SEC. 2. FEDERAL TRADE COMMISSION.
(a) Participation in the Financial Crimes Enforcement Center.--The
Federal Trade Commission shall participate in, and be on the receiving
list of law enforcement products of, the Financial Crimes Enforcement
Center of the Department of the Treasury.
(b) Venue.--Subsections (a) and (b) of section 13 of the Federal
Trade Commission Act (15 U.S.C. 53) are each amended by adding at the
end thereof the following: ``Whenever it appears to the court that the
interests of justice require that any other person, partnership, or
corporation should be a party in such suit, the court may cause such
person, partnership, or corporation to be summoned without regard to
whether they reside or transact business in the district in which the
suit is brought, and to that end process may be served wherever the
person, partnership, or corporation may be found.''.
(c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
(1) in subparagraph (A) by striking ``civil'' the first
place it appears and inserting in lieu thereof ``Federal
court''; and
(2) by adding at the end the following: ``The Commission
may bring a criminal contempt action for violations of orders
obtained in cases brought under section 13(b) of this Act in
the same manner as civil penalty and other Federal court
actions to which this subsection applies. Such cases may be
initiated by the Commission on its own complaint, or pursuant
to its acceptance of an appointment by a court to assist it in
enforcing such orders pursuant to Rule 42(b) of the Federal
Rules of Criminal Procedure.''.
SEC. 3. SENTENCING GUIDELINES.
(a) Fraud and Deceit.--The United States Sentencing Commission
shall amend its sentencing guidelines relating to fraud and deceit so
as to provide for increases in offense levels based on the number of
persons that the offender has victimized.
(b) Vulnerable Victims.--The United States Sentencing Commission
shall amend its sentencing guidelines relating to vulnerable victims so
as to provide that if the offender knew or should have known that the
victim was unusually vulnerable or that the victim was otherwise
particularly susceptible to the offense, the offense level shall be
increased by 7 levels.
SEC. 4. MANDATORY RESTITUTION.
(a) Order of Restitution.--Section 3663(a) of title 18, United
States Code, is amended by striking ``may order'' and inserting ``shall
order''.
(b) Procedure.--Section 3664(a) of title 18, United States Code, is
amended by striking ``in determining whether to order restitution under
section 3663 of this title and the amount of such restitution'' and
inserting ``in determining the amount of restitution under section
3663''.
SEC. 5. SENSE OF CONGRESS CONCERNING THE NATIONAL TELEMARKETING FRAUD
WORKING GROUP.
It is the sense of Congress that--
(1) all United States Attorneys should regularly enter
information on telemarketing fraud into the database of the
National Telemarketing Fraud Working Group; and
(2) the National Telemarketing Fraud Working Group and the
States should continue to cooperate with each other in
coordinating the prosecution of offenders in venues that are
convenient to the victims of their offenses.
SEC. 6. CONSUMER AND ANTI-FRAUD ACTIVITIES.
(a) Additional United States Attorneys.--The Attorney General shall
designate 50 existing full-time equivalent positions for attorneys and
sufficient support staff to be assigned to the prosecution of consumer
fraud and for law enforcement and consumer fraud education programs.
(b) Effective Date.--This section shall take effect on the date of
enactment of this Act.
SEC. 7. FORFEITURES.
(a) Civil Forfeiture.--Section 981 of title 18, United States Code,
is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (D) by inserting ``(i)'' before
``Any'' and redesignating clauses (i), (ii), (iii),
(iv), (v), and (vi) as subclauses (I), (II), (III),
(IV), (V), and (VI), respectively;
(B) by striking ``(E) With respect to an offense
listed in subsection (a)(1)(D)'' and inserting ``(ii)
With respect to an offense described in clause (i)'';
and
(C) by adding at the end the following new
subparagraph:
``(E) Any property, real or personal, that constitutes,
represents, is derived from, or is traceable to the proceeds of
a violation of section 1029, 1341, or 1343 of this title if
such violation relates to crimes against individuals 55 years
of age or older. Notwithstanding the provisions of section 524
of title 28, United States Code, up to 25 percent of the
amounts forfeited pursuant to this subparagraph for an offense
may be used to provide restitution to any victim of the
offense.''.
(b) Criminal Forfeiture.--Section 982(a) of title 18, United States
Code, is amended by adding at the end thereof the following:
``(5) The court, in imposing sentence on a person convicted of a
violation of, or a conspiracy to violate, section 1029, 1341 or 1343 of
this title, affecting an individual 55 years of age or older, shall
order that the person forfeit to the United States any property
constituting, or derived from, proceeds the person obtained directly or
indirectly, as the result of such violation. Notwithstanding the
provisions of section 524 of title 28, United States Code, up to 25
percent of the amounts forfeited pursuant to this paragraph for an
offense may be used to provide restitution to any victim of the
offense.''.
(c) Criminal Contempt Authority.--Section 16(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 56(a)(1)) is amended--
(1) in subparagraph (A) by striking ``civil'' the first
place it appears and inserting in lieu thereof ``Federal
court''; and
(2) by adding at the end the following: ``The Commission
may bring a criminal contempt action for violations of orders
obtained in cases brought under section 13(b) of this Act in
the same manner as civil penalty and other Federal court
actions to which this subsection applies. Such cases may be
initiated by the Commission on its own complaint, or pursuant
to its acceptance of an appointment by a court to assist it in
enforcing such orders pursuant to Rule 42(b) of the Federal
Rules of Criminal Procedure.''.
SEC. 8. MONEY LAUNDERING.
Section 1956(c)(7)(D) of title 18, United States Code, is amended
by inserting after ``1014 (relating to fraudulent loan or credit
applications),'' the following: ``1029 (relating to fraud relating to
access devices),''.
SEC. 9. UNIFORM LAWS GOVERNING LICENSING OF HOME REPAIR CONTRACTORS,
MORTGAGE COMPANIES, AND PRIZE GIVEAWAY COMPANIES.
The Attorney General, in consultation with the American Law
Institute, the National Conference of Commissioners on Uniform State
Laws, or other interested persons, shall prepare model State law on
each of the following subjects:
(1) Licensing of home repair contractors.
(2) Licensing of mortgage companies.
(3) Licensing of prize giveaway companies.
SEC. 10. MAIL FRAUD.
(a) Offense.--Section 1341 of title 18, United States Code, is
amended--
(1) by inserting ``or places in any private courier service
office or authorized depository for receipt of matter to be
delivered by private courier service,'' after ``mail matter,'';
(2) by inserting ``or by a private courier service'' after
``Postal Service''; and
(3) by inserting ``or private courier service'' after ``by
mail''.
(b) Definition.--
(1) Private courier service.--Section 1346 of title 18,
United States Code, is amended to read as follows:
``Sec. 1346. Definitions
``In this chapter--
```private courier service' means a private entity
providing services provided by the United States Postal
Service.
```scheme or artifice to defraud' includes a scheme or
artifice to deprive another of the intangible right of honest
services.''.
(2) Technical amendment.--The chapter analysis for chapter
63 of title 18, United States Code, is amended by striking the
item for section 1346 and inserting the following item:
``1346. Definitions.''. | Directs the Federal Trade Commission (FTC) to participate in, and receive products from, the Financial Crimes Enforcement Center of the Department of the Treasury.
Amends the Federal Trade Commission Act to allow the FTC to bring criminal contempt actions for violations of court orders in the same manner as civil penalties and other Federal court actions.
Directs the United States Sentencing Commission to amend its sentencing guidelines relating to: (1) fraud and deceit to provide for increases in offense levels based on the number of persons that the offender has victimized; and (2) vulnerable victims to provide for increased offense levels based on vulnerability.
Amends the Federal sentencing statute to mandate restitution for victims (currently, such authority is discretionary).
Expresses the sense of the Congress concerning its support of the National Telemarketing Fraud Working Group.
Requires the Attorney General to designate additional existing full-time attorneys and support staff for consumer and anti-fraud activities.
Amends civil and criminal forfeiture law to allow for the forfeiture of profits arising from mail, wire, and credit card violations in connection with fraud schemes against the elderly. Allows the use of a percentage of the amounts forfeited to provide restitution to victims.
Includes credit card fraud in the money laundering statute.
Directs the Attorney General to prepare model State law on the licensing of home repair contractors, mortgage companies, and prize giveaway companies.
Includes the use of private courier services in the mail fraud statute. | {"src": "billsum_train", "title": "A bill to protect the elderly against fraudulent practices, and for other purposes."} | 2,341 | 316 | 0.394881 | 1.324463 | 0.780824 | 3.074468 | 7.35461 | 0.875887 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Biometric Exit Improvement Act of
2015''.
SEC. 2. BIOMETRIC EXIT DATA SYSTEM.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the Committee on Homeland Security of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate an
implementation plan to establish a biometric exit data system
to complete the integrated biometric entry and exit data system
required under section 7208 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b), including--
(A) an integrated master schedule and cost
estimate, including requirements and design,
development, operational, and maintenance costs, of
such a system;
(B) cost-effective staffing and personnel
requirements of such a system that leverages existing
resources of the Department of Homeland Security;
(C) a consideration of training programs necessary
to establish such a system;
(D) a consideration of how such a system will
affect wait times;
(E) information received after consultation with
private sector stakeholders, including--
(i) the trucking industry;
(ii) the airport industry;
(iii) the airline industry;
(iv) the seaport industry;
(v) the travel industry; and
(vi) the biometric technology industry;
(F) a consideration of how trusted traveler
programs in existence as of the date of the enactment
of this Act may be impacted by, or incorporated into,
such a system;
(G) defined metrics of success and milestones;
(H) identified risks and mitigation strategies to
address such risks; and
(I) a consideration of how other countries have
implemented a biometric exit data system;
(2) not later than two years after the date of the
enactment of this Act, establish a biometric exit data system
at--
(A) the ten United States airports that support the
highest volume of international air travel, as
determined by available Federal flight data;
(B) the ten United States seaports that support the
highest volume of international sea travel, as
determined by available Federal travel data; and
(C) the ten United States land ports of entry that
support the highest volume of pedestrian crossings, as
determined by available Federal border crossing data;
and
(3) not later than three years after the date of the
enactment of this Act, submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a
report, in accordance with subsection (d), that analyzes the
effectiveness of the biometric exit data system referred to in
paragraph (1) at the ten international airports, the ten
international seaports, and the ten international land ports of
entry described in paragraph (2).
(b) Implementation.--
(1) Pilot program at land ports of entry for non-pedestrian
outbound traffic.--
(A) In general.--Not later than 18 months after the
date of the enactment of this Act, the Secretary of
Homeland Security, in collaboration with industry
stakeholders and the head of a university-based center
of excellence with prior expertise in border security
and counterterrorism, shall establish a six-month pilot
program to test the biometric exit data system referred
to in subsection (a)(2) on non-pedestrian outbound
traffic at not fewer than three land ports of entry
with significant cross-border traffic, including at not
fewer than two land ports of entry on the southern
border and at at least one land port of entry on the
northern border, and including in at least one
passenger vehicle lane. Such pilot program may include
a consideration of more than one biometric mode, and
shall be implemented to determine the following:
(i) How a nationwide implementation of such
biometric exit data system at land ports of
entry shall be carried out.
(ii) The infrastructure required to carry
out clause (i).
(iii) The effects of such pilot program on
legitimate travel and trade.
(iv) The effects of such pilot program on
wait times, including processing times, for
such non-pedestrian traffic.
(v) Its effectiveness in combating
terrorism.
(B) GAO review.--Not later than 30 days after the
conclusion of the pilot program under subparagraph (A),
the Secretary of Homeland Security, acting through the
Commissioner of U.S. Customs and Border Protection,
shall submit the results of the determinations made
pursuant to such subparagraph to the Government
Accountability Office for review. Not later than 90
days after the Government Accountability Office
receives such results, the Comptroller General of the
United States shall submit to the Secretary of Homeland
Security and the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a
review of such results.
(C) Operation.--Not later than 90 days after
receiving the GAO review referred to in subparagraph
(B), the Secretary of Homeland Security, acting through
the Commissioner of U.S. Customs and Border Protection,
shall, based on such review and the results of the
determinations under subparagraph (A), submit to the
Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a plan, with an
integrated master schedule, to implement a biometric
exit data system at all land ports of entry for non-
pedestrian outbound traffic.
(2) At land ports of entry for non-pedestrian outbound
traffic.--
(A) In general.--Not later than three years after
submitting the integrated master schedule referred to
in paragraph (1)(C), the Secretary of Homeland Security
shall expand the biometric exit data system referred to
in subsection (a)(2) to all land ports of entry, and
such system shall apply only in the case of non-
pedestrian outbound traffic.
(B) Extension.--
(i) Collaboration.--The Secretary of
Homeland Security shall collaborate with the
head of a university-based center of excellence
with prior expertise in border security and
counterterrorism and with the head of a
national laboratory within the Department of
Homeland Security laboratory network with prior
expertise in border security and
counterterrorism regarding extensions of the
initial date specified in subparagraph (A) if
any of the conditions described in clause (ii)
exist.
(ii) Conditions.--The Secretary of Homeland
Security may extend by two years the initial
date specified in subparagraph (A), and may
renew such extension in additional two year
increments, if the Secretary, after the
collaboration described in clause (i),
certifies to the Committee on Homeland Security
of the House of Representatives and the
Committee on Homeland Security and Governmental
Affairs of the Senate that any of the following
conditions exist:
(I) Systems to collect biometric
data cannot be purchased, deployed, or
operated at land ports of entry by the
initial deadline specified in
subparagraph (A).
(II) The 15 land ports of entry
that support the highest volume of
international travel, as determined by
available Federal data, do not have the
physical infrastructure or
characteristics to install the systems
referred to in subclause (I).
(III) Use of systems referred to in
subclause (I) will substantially impact
crossing times or the flow of cargo.
(3) At air and sea ports of entry.--Not later than five
years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all air and sea
ports of entry.
(4) At land ports of entry for pedestrians.--Not later than
five years after the date of the enactment of this Act, the
Secretary of Homeland Security shall expand the biometric exit
data system referred to in subsection (a)(2) to all land ports
of entry, and such system shall apply only in the case of
pedestrians.
(c) Effects on Air, Sea, and Land Transportation.--The Secretary of
Homeland Security, in consultation with appropriate private sector
stakeholders, shall ensure that the collection of biometric data under
this section causes the least possible disruption to the movement of
people or cargo in air, sea, or land transportation.
(d) Determination.--In making the analysis required under
subsection (a)(3), the Secretary of Homeland Security shall consider
the effects of the collection of biometric data under this section on
wait times for air and sea travelers and any other significant
disruption to the movement of people or cargo in air or sea
transportation.
(e) Termination of Proceeding.--Notwithstanding any other provision
of law, the Secretary of Homeland Security shall, on the date of the
enactment of this Act, terminate the proceeding entitled ``Collection
of Alien Biometric Data Upon Exit From the United States at Air and Sea
Ports of Departure'', issued on April 24, 2008 (73 C.F.R. 22065; DHS
Docket No. 2008-0039).
(f) Data-Matching.--The biometric exit data system established
under this section shall--
(1) require that the biometric data that was obtained for a
person upon entry to the United States is matched against the
biometric data of such person when such person exits the United
States;
(2) leverage the infrastructure and databases of the
current entry system established pursuant to section 7208 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (8
U.S.C. 1365b) for the purpose described in paragraph (1); and
(3) be interoperable with, and allow matching against,
other Federal databases that store biometrics of known or
suspected terrorists.
(g) Scope.--
(1) In general.--The biometric exit data system established
under this section shall include a requirement for the
collection of biometric exit data for all categories of
individuals who are required to provide biometric entry data.
(2) Exception.--This section shall not apply in the case of
a citizen of the United States.
(h) Collection of Data.--The Secretary of Homeland Security may not
require any non-Federal person to collect biometric data pursuant to
the biometric exit data system established under this section, except
through a contractual agreement.
(i) Multi-Modal Collection.--In carrying out subsections (a)(1) and
(b), the Secretary of Homeland Security shall make every effort to
collect biometric data using additional modes of biometric technology. | Biometric Exit Improvement Act of 2015 Directs the Secretary of Homeland Security (DHS) to: (1) submit an implementation plan to establish a biometric exit data system to complete the integrated biometric entry and exit data system required under the Intelligence Reform and Terrorism Prevention Act of 2004; (2) establish such a system, within two years after enactment of this Act, at the 10 U.S. airports, 10 U.S. seaports, and 10 land ports of entry that support the highest volume of international air travel, international sea travel, and pedestrian crossings, respectively; and (3) submit a report that analyzes the effectiveness of such system. Directs the Secretary: (1) within 18 months after enactment of this Act, in collaboration with industry stakeholders and the head of a university-based center with prior expertise in border security and counterterrorism, to establish a 6-month pilot program to test such system on non-pedestrian outbound traffic at not fewer than three land ports of entry with significant cross-border traffic; (2) after receiving a Government Accounting Office review of such program and acting through the Commissioner of U.S. Customs and Border Protection, to submit a plan with an integrated master schedule to implement such a system at all land ports of entry for non-pedestrian outbound traffic; (3) within three years after submitting such master schedule, to expand the system to all land ports of entry for non-pedestrian outbound traffic; and (4) within five years after enactment of this Act, to expand the system to all air and sea ports of entry and to all land ports of entry for pedestrian traffic. Requires the Secretary to: (1) ensure that the collection of biometric data under such system causes the least possible disruption to the movement of people or cargo in air, sea, or land transportation; (2) terminate the proceeding entitled "Collection of Alien Biometric Data Upon Exit From the United States at Air and Sea Ports of Departure," issued on April 24, 2008; and (3) make every every effort to collect biometric data using additional modes of biometric technology. Prohibits the Secretary from requiring any non-federal person to collect biometric data under the system, except through a contractual agreement. | {"src": "billsum_train", "title": "Biometric Exit Improvement Act of 2015"} | 2,277 | 490 | 0.741953 | 2.567319 | 0.830199 | 5.095794 | 5.03972 | 0.964953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Fiscal Discipline Act of
2007''.
SEC. 2. PAY-AS-YOU-GO POINT OF ORDER IN THE SENATE.
(a) Pay-as-You-Go Point of Order in the Senate.--
(1) In general.--For purposes of Senate enforcement, it
shall not be in order in the Senate to consider any direct
spending or revenue legislation that would increase the on-
budget deficit or cause an on-budget deficit for any one of the
4 applicable time periods as measured in paragraphs (5) and
(6).
(2) Applicable time periods.--For purposes of this
subsection, the term ``applicable time periods'' means any 1 of
the 4 following periods:
(A) The current year.
(B) The budget year.
(C) The period of the 5 fiscal years following the
current year.
(D) The period of the 5 fiscal years following the
5 fiscal years referred to in subparagraph (C).
(3) Direct-spending legislation.--For purposes of this
subsection and except as provided in paragraph (4), the term
``direct-spending legislation'' means any bill, joint
resolution, amendment, motion, or conference report that
affects direct spending as that term is defined by, and
interpreted for purposes of, the Balanced Budget and Emergency
Deficit Control Act of 1985.
(4) Exclusion.--For purposes of this subsection, the terms
``direct-spending legislation'' and ``revenue legislation'' do
not include--
(A) any concurrent resolution on the budget; or
(B) any provision of legislation that affects the
full funding of, and continuation of, the deposit
insurance guarantee commitment in effect on the date of
enactment of the Budget Enforcement Act of 1990.
(5) Baseline.--Estimates prepared pursuant to this section
shall--
(A) use the baseline surplus or deficit used for
the most recently adopted concurrent resolution on the
budget; and
(B) be calculated under the requirements of
subsections (b) through (d) of section 257 of the
Balanced Budget and Emergency Deficit Control Act of
1985 for fiscal years beyond those covered by that
concurrent resolution on the budget.
(6) Prior surplus.--If direct spending or revenue
legislation increases the on-budget deficit or causes an on-
budget deficit when taken individually, it must also increase
the on-budget deficit or cause an on-budget deficit when taken
together with all direct spending and revenue legislation
enacted since the beginning of the calendar year not accounted
for in the baseline under paragraph (5)(A), except that direct
spending or revenue effects resulting in net deficit reduction
enacted pursuant to reconciliation instructions since the
beginning of that same calendar year shall not be available.
(b) Waiver.--This section may be waived or suspended in the Senate
only by the affirmative vote of three-fifths of the Members, duly
chosen and sworn.
(c) Appeals.--Appeals in the Senate from the decisions of the Chair
relating to any provision of this section shall be limited to 1 hour,
to be equally divided between, and controlled by, the appellant and the
manager of the bill or joint resolution, as the case may be. An
affirmative vote of three-fifths of the Members of the Senate, duly
chosen and sworn, shall be required to sustain an appeal of the ruling
of the Chair on a point of order raised under this section.
(d) Determination of Budget Levels.--For purposes of this section,
the levels of new budget authority, outlays, and revenues for a fiscal
year shall be determined on the basis of estimates made by the
Committee on the Budget of the Senate.
(e) Sunset.--This section shall expire on September 30, 2012.
SEC. 3. RECONCILIATION FOR DEFICIT REDUCTION OR INCREASING THE SURPLUS
IN THE SENATE.
(a) In General.--It shall not be in order in the Senate to consider
under the expedited procedures applicable to reconciliation in sections
305 and 310 of the Congressional Budget Act of 1974 any bill,
resolution, amendment, amendment between Houses, motion, or conference
report that increases the deficit or reduces the surplus in the first
fiscal year covered by the most recently adopted concurrent resolution
on the budget, the period of the first 5 fiscal years covered by the
most recently adopted concurrent resolution on the budget, or the
period of the 5 fiscal years following the first 5 fiscal years covered
by the most recently adopted concurrent resolution on the budget.
(b) Budget Resolution.--It shall not be in order in the Senate to
consider pursuant to sections 301, 305, or 310 of the Congressional
Budget Act of 1974 pertaining to concurrent resolutions on the budget
any resolution, concurrent resolution, amendment, amendment between the
Houses, motion, or conference report that contains any reconciliation
directive that would increase the deficit or reduce the surplus in the
first fiscal year covered by the most recently adopted concurrent
resolution on the budget, the period of the first 5 fiscal years
covered by the most recently adopted concurrent resolution on the
budget, or the period of the 5 fiscal years following the first 5
fiscal years covered by the most recently adopted concurrent resolution
on the budget.
(c) Supermajority Waiver and Appeal.--This section may be waived or
suspended in the Senate only by an affirmative vote of \3/5\ of the
Members, duly chosen and sworn. An affirmative vote of \3/5\ of the
Members of the Senate, duly chosen and sworn, shall be required in the
Senate to sustain an appeal of the ruling of the Chair on a point of
order raised under this section. | Restoring Fiscal Discipline Act of 2007 - Makes it out of order in the Senate to consider any direct spending or revenue legislation that would increase or cause an on-budget deficit during certain specified time periods.
Makes it out of order in the Senate to consider, under the expedited procedures applicable to reconciliation in the Congressional Budget Act of 1974 (CBA), any bill, resolution, amendment, amendment between chambers, motion, or conference report that increases the deficit or reduces the surplus in the first fiscal year or the ensuing five or 10 fiscal years covered by the most recently adopted concurrent resolution on the budget.
Makes it out of order in the Senate to consider, pursuant to CBA, any resolution, concurrent resolution, amendment, amendment between the chambers, motion, or conference report that contains reconciliation directives that would increase the deficit or reduce the surplus in such fiscal years. | {"src": "billsum_train", "title": "A bill to reinstate the pay-as-you-go requirement and reduce budget deficits by strengthening budget enforcement and fiscal responsibility."} | 1,253 | 187 | 0.597662 | 1.484334 | 0.89903 | 5.635294 | 6.805882 | 0.894118 |
SECTION 1. REQUIREMENT THAT PASSENGER SECURITY SCREENING BE CONDUCTED
BY PRIVATE SCREENING COMPANIES.
(a) In General.--Section 44901(a) of title 49, United States Code,
is amended in the second sentence by striking ``except as otherwise''
and all that follows through the end period and inserting ``except--
``(1) that screening of passengers shall be conducted by
employees of a private screening company under a contract
entered into pursuant to subsection (m)(1);
``(2) for identifying passengers and baggage for screening
under the CAPPS and known shipper programs and conducting
positive bag-match programs; and
``(3) as otherwise provided in section 44919 or 44920.''.
(b) Requirements.--Section 44901 of such title 49, United States
Code, is amended by adding at the end the following:
``(m) Conduct of Passenger Screening by Private Screening
Companies.--
``(1) Contracts.--
``(A) In general.--Except as provided in
subparagraph (B), the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
enter into a contract with a private screening company
selected by the operator of an airport under which
employees of that company will conduct the screening of
passengers at the airport under subsection (a)(1).
``(B) Companies with unsatisfactory performance
records.--The operator of an airport may not select a
private security screening company for purposes of
subparagraph (A) if the Assistant Secretary determines
that the performance record of the company is
unsatisfactory.
``(2) Employment and termination decisions.--
Notwithstanding section 44903(g)(1)(C), section 44935(e), or
any other provision of this chapter, the operator of an airport
and the private screening company conducting passenger
screening at that airport pursuant to a contract entered into
under paragraph (1)(A) shall have the authority to make final
decisions with respect to the employment and termination of
individuals conducting passenger screening at that airport.''.
(c) Mandatory Approval of Applications Under Security Screening
Opt-Out Program.--Section 44920 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``Under Secretary'' the first place
it appears and inserting ``Assistant Secretary
(Transportation Security Administration) (in this
section referred to as the `Assistant Secretary')'';
and
(B) by striking ``passengers and'';
(2) by striking ``Under Secretary'' each place it appears
and inserting ``Assistant Secretary'';
(3) by amending subsection (b) to read as follows:
``(b) Approval of Applications.--The Assistant Secretary shall
approve all applications submitted under subsection (a).''; and
(4) in subsection (h), by striking ``and passenger''.
(d) Conforming Amendments.--
(1) Enforcement of secured-area access control
requirements.--
(A) In general.--Section 44903(g)(1) of title 49,
United States Code, is amended--
(i) in subparagraph (A), in the first
sentence, by striking ``employees'' and
inserting ``Federal employees''; and
(ii) by adding at the end the following:
``(C) Sanctions for employees of private security
screening companies.--The Under Secretary shall develop
and publish in the Federal Register a list of sanctions
for use as guidelines in the discipline of employees of
private screening companies conducting passenger
screening at airports for infractions of airport access
control requirements in consultation with those
companies.''.
(B) Publication of guidelines.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Homeland Security shall publish in the
Federal Register--
(i) such revisions to the guidelines under
subparagraph (A) of section 44903(g)(1) of
title 49, United States Code, as are necessary
to implement the amendments made by
subparagraph (A); and
(ii) guidelines under subparagraph (C) of
that section (as added by subparagraph (A)).
(2) Threat and vulnerability assessments.--Section
44904(b)(5) of title 49, United States Code, is amended by
striking ``the United States Customs Service, the Immigration
and Naturalization Service, and air carriers'' and inserting
``U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, private screening companies conducting
passenger screening at airports, and air carriers''.
(3) Qualifications of security screeners.--
(A) In general.--Section 44935(e)(2)(A) of title
49, United States Code, is amended in the first
sentence by inserting ``and individuals employed by
private screening companies to conduct screening of
passengers at airports'' after ``personnel''.
(B) Revisions to qualification standards.--Not
later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall make
such revisions to the qualification standards for
security screening personnel under section
44935(e)(2)(A) of title 49, United States Code, as are
necessary as a result of the amendment made by
subparagraph (A).
(e) Reduction in Employees of Transportation Security
Administration.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall decrease the number of
employees of the Transportation Security Administration assigned to an
airport by an amount that is equivalent to the increase in the number
of employees of private screening companies assigned to the airport
pursuant to a contract entered into under subsection (m)(1) of section
44901 of title 49, United States Code, as added by subsection (b) of
this section, as soon as practicable after the contract takes effect.
(f) Effective Date.--The amendments made by this section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply with respect to the screening of passengers at
airports on and after the date that is 180 days after such date
of enactment.
SEC. 2. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING
COMPANIES.
(a) Amendment to National Labor Relations Act.--Section 8 of the
National Labor Relations Act (29 U.S.C. 158) is amended by adding at
the end the following:
``(h) Right To Work for Employees of Private Passenger Screening
Companies.--Notwithstanding any other provision of this Act, the first
and second provisos of subsection (a)(3) shall not apply to an employer
that is a private passenger screening company conducting passenger
screening at an airport. In the case of a labor organization
representing the employees of such employer, paragraphs (2) and (5) of
subsection (b) shall be applied without regard to whether there is an
agreement authorized under subsection (a)(3).''.
(b) Amendment to Railway Labor Act.--Title II of the Railway Labor
Act (45 U.S.C. 181 et seq.) is amended by adding at the end the
following:
``SEC. 209. RIGHT TO WORK FOR EMPLOYEES OF PRIVATE PASSENGER SCREENING
COMPANIES.
``Notwithstanding any other provision of this Act, paragraph
Eleventh of section 2 shall not apply to any employee of a private
passenger screening company that has entered into a contract with a
carrier by air.''. | Requires the screening of passengers on flights and flight segments originating in the United States to be conducted by employees of a private screening company.
Directs the Assistant Secretary of Homeland Security (Transportation Security Administration [TSA]) to enter into contracts with private screening companies for such services. Grants airport operators and private screening companies the authority to employ and terminate passenger screeners.
Requires the Assistant Secretary (currently, the Under Secretary of Transportation for Security [Department of Transportation (DOT)]) to approve all airport operator applications to have the airport screening of passengers and property carried out by a qualified private screening company. (Thus transfers the security screening opt-out program from DOT to the Department of Homeland Security [DHS], and denies the Assistant Secretary authority to deny any opt-out application.)
Amends the National Labor Relations Act and the Railway Labor Act to declare that provisions allowing an employer to make an agreement with a labor organization to require union membership as a condition of employment shall not apply to airport or railway private passenger screening company employers or employees (right to work). | {"src": "billsum_train", "title": "A bill to require security screening of passengers at airports to be carried out by private screening companies, and for other purposes."} | 1,724 | 235 | 0.556665 | 1.717676 | 0.856803 | 1.92891 | 6.952607 | 0.781991 |
SECTION 1. TAX ON CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
RECEIVING BAILOUT FUNDS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
RECEIVING BAILOUT FUNDS
``Sec. 59C. Certain compensation received from certain companies
receiving bailout funds.
``SEC. 59C. CERTAIN COMPENSATION RECEIVED FROM CERTAIN COMPANIES
RECEIVING BAILOUT FUNDS.
``(a) In General.--In the case of any employee (or former employee)
of a bailout recipient, there is hereby imposed (in addition to any
other tax imposed by this subtitle) a tax equal to 70 percent of the
amount of excess compensation received by the taxpayer during the
taxable year from any relevant employer.
``(b) Excess Compensation.--For purposes of this section--
``(1) In general.--The term `excess compensation' means the
value of all property paid or transferred to the employee
during the taxable year (including any loan that is not
reasonably secured) which is in excess of $1,000,000.
``(2) Exceptions.--Such term shall not include any of the
following:
``(A) Any amount returned by the employee to the
employer within 60 days of receipt thereof or within 60
days of the enactment of this Act, whichever is later.
Any amount returned under this subparagraph shall also
be excluded from the definition of gross income.
``(B) To the extent explicitly allowed by any
regulation adopted by the Secretary, shares of common
stock of the employer (or any affiliate thereof) but
only if the employee is required to hold such shares
until the date on which the employer ceases to be a
relevant employer.
``(C) Any amount received before the employer
became a relevant employer or after the employer ceases
to be a relevant employer, whether or not for services
provided during the period when the employer was
classified as a relevant employer, but this provision
shall not apply if the payment is made out of assets
which were held in trusts, or otherwise made
unavailable to the claims of general creditors.
``(D) Any commission received by a commissioned
sales person. For purposes of this subparagraph, a
commission is an amount of compensation payable
determinable solely by reference to the products sold
by the commissioned sales person through direct
interaction with purchasers. For purposes of this
subparagraph, a commissioned sales person is a person
who receives commissions, who spends the majority of
their work time selling products directly to
purchasers, and who is not one of the persons defined
in Rule 16a1-(f) promulgated under the Securities
Exchange Act of 1934.
``(3) Special rules for certain trusts.--In the event that
a relevant employer puts funds for the benefit of an employee,
or a class of employees, in a trust fund (other than a
qualified deferred compensation plan) or other device, which
fund is exempt from the claims of the relevant employer's
general creditors, it shall be deemed paid to the employees for
whom it is being held.
``(c) Relevant Employer.--For purposes of this section, the term
`relevant employer' means any entity (including any subsidiary or
affiliate of such entity) that has received, in the aggregate, more
than $500,000,000 pursuant to title I of the Emergency Economic
Stabilization Act of 2008 or pursuant to section 1117 of the Housing
and Economic Recovery Act of 2008, regardless of whether such funds are
received in return for any class of securities of the employer or any
other asset. An employer ceases to be a relevant employer when it has
fully repaid to the Federal Government all such funds.
``(d) Regulations.--The Secretary shall prescribe such regulations
or other guidance as may be necessary or appropriate to carry out the
purposes of this section.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII--Certain Compensation Received From Certain Companies
Receiving Bailout Funds''.
(c) Effective Date.--The amendments made by this section shall
apply to compensation received after December 31, 2007, in taxable
years ending after such date. | Amends the Internal Revenue Code to impose a 70% tax on compensation in excess of $1 million received by an employee from an employer who has received, in the aggregate, economic assistance of more than $500 million under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 or the Housing and Economic Recovery Act of 2008. Exempts employees who return such compensation to their employer or who receive such compensation as a commissioned sales person. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to impose a 70 percent tax on certain compensation received from certain companies receiving Federal bailout funds."} | 1,003 | 98 | 0.481696 | 1.251811 | 0.719312 | 2.494382 | 9.898876 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telework Tax Incentive Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Federal, State and local governments spend billions of
dollars annually on the Nation's transportation needs.
(2) Congestion on the Nation's roads resulted in costs of
over $87,000,000 in 2007, in extra time and fuel used, to
drivers in the Nation's 439 urban areas, an increase of more
than 50 percent over the previous decade.
(3) On average, on-road-vehicles contributed 31.9 percent
of nitrogen oxide emissions in 2008.
(4) It was recently reported that if the 40 percent of
United States workers who have jobs that are compatible with
teleworking worked at home half of the time, that would save
450 million barrels of oil, reduce greenhouse gases by 84
million tons, and reduce highway maintenance costs by over $3
billion annually.
(5) The average American daily commute is 51 minutes for a
round-trip (a total of 204 hours, or 8.5 days, per year.)
(6) The National Science Foundation found that teleworking
increased employee productivity by 87 percent and the Census
Bureau reported that 73 percent of teleworkers felt they
accomplished more work on telework days than when they were in
the office.
(7) In 2003, 77 million workers used a computer at work,
accounting for 55.5 percent of total employment.
(8) In recent years, studies performed in the United States
have shown a marked expansion of teleworking, with 76 percent
of private sector employers now providing technical support for
remote workers, an increase of 27 percent over 2007. 56 percent
of Federal IT professionals indicated that their agencies
provide technical support for teleworkers.
SEC. 3. CREDIT FOR TELEWORKING.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to foreign tax credit,
etc.) is amended by adding at the end the following new section:
``SEC. 30E. TELEWORKING CREDIT.
``(a) Allowance of Credit.--In the case of an eligible taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the qualified
teleworking expenses paid or incurred by the taxpayer during such year.
``(b) Maximum Credit.--
``(1) Per teleworker limitation.--The credit allowed by
subsection (a) for a taxable year with respect to qualified
teleworking expenses paid or incurred by or on behalf of an
individual teleworker shall not exceed $1,000.
``(2) Reduction for teleworking less than full year.--In
the case of an individual who is in a teleworking arrangement
for less than a full taxable year, the amount referred to in
paragraph (1) shall be reduced by an amount which bears the
same ratio to $1,000 as the number of months in which such
individual is not in a teleworking arrangement bears to 12. For
purposes of the preceding sentence, an individual shall be
treated as being in a teleworking arrangement for a month if
the individual is subject to such arrangement for any day of
such month.
``(c) Definitions.--For purposes of this section--
``(1) Eligible taxpayer.--The term `eligible taxpayer'
means--
``(A) in the case of an individual, an individual
who performs services for an employer under a
teleworking arrangement, and
``(B) in the case of an employer, an employer for
whom employees perform services under a teleworking
arrangement.
``(2) Teleworking arrangement.--The term `teleworking
arrangement' means an arrangement under which an employee
teleworks for an employer not less than 75 days per year.
``(3) Qualified teleworking expenses.--The term `qualified
teleworking expenses' means expenses paid or incurred under a
teleworking arrangement for furnishings and electronic
information equipment which are used to enable an individual to
telework.
``(4) Telework.--The term `telework' means to perform work
functions, using electronic information and communication
technologies, thereby reducing or eliminating the physical
commute to and from the traditional worksite.
``(d) Limitation Based on Amount of Tax.--
``(1) Liability for tax.--The credit allowable under
subsection (a) for any taxable year shall not exceed the excess
(if any) of--
``(A) the regular tax for the taxable year, reduced
by the sum of the credits allowable under subpart A and
the preceding sections of this subpart, over
``(B) the tentative minimum tax for the taxable
year.
``(2) Carryforward of unused credit.--If the amount of the
credit allowable under subsection (a) for any taxable year
exceeds the limitation under paragraph (1) for the taxable
year, the excess shall be carried to the succeeding taxable
year and added to the amount allowable as a credit under
subsection (a) for such succeeding taxable year.
``(e) Special Rules.--
``(1) Basis reduction.--The basis of any property for which
a credit is allowable under subsection (a) shall be reduced by
the amount of such credit (determined without regard to
subsection (d)).
``(2) Recapture.--The Secretary shall, by regulations,
provide for recapturing the benefit of any credit allowable
under subsection (a) with respect to any property which ceases
to be property eligible for such credit.
``(3) Property used outside united states, etc., not
qualified.--No credit shall be allowed under subsection (a)
with respect to any property referred to in section 50(b) or
with respect to the portion of the cost of any property taken
into account under section 179.
``(4) Election to not take credit.--No credit shall be
allowed under subsection (a) for any expense if the taxpayer
elects to not have this section apply with respect to such
expense.
``(5) Denial of double benefit.--No deduction or credit
(other than under this section) shall be allowed under this
chapter with respect to any expense which is taken into account
in determining the credit under this section.''.
(b) Technical Amendment.--Subsection (a) of section 1016 of the
Internal Revenue Code of 1986 is amended by striking ``and'' at the end
of paragraph (36), by striking the period at the end of paragraph (37)
and inserting ``; and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30E(e), in the
case of amounts with respect to which a credit has been allowed
under section 30E.''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 30E. Teleworking credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act, in taxable years ending after such date. | Telework Tax Incentive Act - Amends the Internal Revenue Code to allow an employer or an employee a tax credit, up to $1,000 per year, for teleworking expenses incurred by or on behalf of a teleworking employee under an arrangement whereby such employee teleworks not less than 75 days per year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses incurred in teleworking."} | 1,612 | 71 | 0.47174 | 1.251566 | 0.535573 | 3.363636 | 26.945455 | 0.927273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Identification and
Referral Act of 1993''.
SEC. 2. ESTABLISHMENT, FOR CERTAIN HEALTH PROFESSIONS PROGRAMS, OF
REQUIREMENTS REGARDING DOMESTIC VIOLENCE.
Part G of title VII of the Public Health Service Act (42 U.S.C.
295j et seq.), as added by section 102 of Public Law 102-408 (106 Stat.
1994), is amended by inserting after section 795 the following section:
``SEC. 796. REQUIREMENTS REGARDING IDENTIFICATION AND REFERRAL OF
VICTIMS OF DOMESTIC VIOLENCE.
``(a) Submission of Information.--In the case of a health
professions entity described in subsection (b), the Secretary may make
an award of a grant or contract under any of parts C through F to the
entity only if the application submitted under section 798(f)(2) for
the award describes whether and to what extent the entity has in effect
the requirement that, as a condition of receiving a degree or
certificate (as applicable) from the entity, each student have had
significant training in carrying out the following functions as a
provider of health care:
``(1) Identifying victims of domestic violence, and
maintaining complete medical records that include documentation
of the examination, treatment given, and referrals made, and
recording the location and nature of the victim's injuries.
``(2) Examining and treating such victims, within the scope
of the health professional's discipline, training, and
practice, including, at a minimum, providing medical advice
regarding the dynamics and nature of domestic violence.
``(3) Referring the victims to public and nonprofit private
entities that provide services for such victims.
``(b) Designated Health Professions Entities.--A health professions
entity referred to in subsection (a) is any entity that is a school of
medicine, a school of osteopathic medicine, a school of public health,
a graduate program in mental health practice, a school of nursing (as
defined in section 853), a program for the training of physician
assistants, or a program for the training of allied health
professionals.
``(c) Limitations on Amount of Awards.--
``(1) Determination by secretary.--Before making an award
of a grant or contract under any of parts C through F to a
designated health professions entity for a fiscal year, the
Secretary shall make a determination of whether the entity, as
of October 1 of the fiscal year--
``(A) meets the criterion of having in effect the
requirement described in subsection (a); and
``(B) meets the criterion of providing, pursuant to
such requirement, for the significant training of the
students of the entity in the functions described in
such subsection.
``(2) Limitations.--With respect to fiscal year 1996 and
subsequent fiscal years, in the case of a designated health
professions entity that is determined under paragraph (1) to
have failed to meet a criterion described in such paragraph,
the Secretary may not make an award to the entity of a grant or
contract under a program of any of parts C through F in an
amount exceeding--
``(A) for an award under the program made for the
first fiscal year (after fiscal year 1995) for which
the entity has so failed, 95 percent of the amount of
the most recent award made before fiscal year 1996 to
the entity under the program (or if the entity has not
previously received such an award, 95 percent of the
amount of the award that the Secretary otherwise would
have made to the entity);
``(B) for an award under the program made for the
second such fiscal year, 90 percent of the amount of
the award for the first such year;
``(C) for an award under the program for the third
such fiscal year, 85 percent of the amount of the award
for the second such year; and
``(D) for an award under the program for the fourth
such fiscal year, 80 percent of the amount of the award
for the third such fiscal year.
``(d) Ineligibility.--With respect to awards of grants and
contracts under a program of any of parts C through F, in the case of a
designated health professions entity that has received an award under
the program for a fourth fiscal year for which the entity has failed to
meet a criterion described in subsection (c)(1), the following applies:
``(1) The entity may not receive any further awards under
the program until the entity meets each such criterion.
``(2) If the entity meets each such criterion and receives
an award under the program, but subsequently fails to do so for
any fiscal year, the series of limitations described in
subsection (c)(2) shall be applied to further awards to the
entity under the program in the same manner and to the same
extent as the series was applied to the entity for the initial
4 fiscal years (after fiscal year 1995) for which the entity
failed to meet such a criterion.
``(e) Definitions.--For purposes of this section:
``(1) Designated health professions entity.--The term
`designated health professions entity' means an entity
described in subsection (b).
``(2) Domestic violence.--The term `domestic violence'
means any intentional violence, controlling, or coercive
behavior or pattern of behavior by an individual who is
currently or who was previously, in an intimate or acquaintance
relationship with the victim. Such behavior may occur at any
stage of the lifecycle and may encompass single acts or a
syndrome of actual or threatened physical injury, sexual
assault, rape, psychological abuse, or neglect. Such term
includes behavior which currently may be described as `child
neglect', `child abuse', `spousal abuse', `domestic violence',
`woman battering', `partner abuse', `elder abuse', and `date
rape'.''. | Domestic Violence Identification and Referral Act of 1993 - Amends the Public Health Service Act to require certain health professions entities to train students in the identification and referral of victims of domestic violence. Decreases funding to entities that fail to provide such training. | {"src": "billsum_train", "title": "Domestic Violence Identification and Referral Act of 1993"} | 1,348 | 54 | 0.504566 | 1.295328 | 0.927784 | 2.680851 | 26.361702 | 0.851064 |
SECTION 1. REMEDIATION OF CONTAMINATED SEDIMENTS.
(a) In General.--Title I of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) is amended by adding at the end the following:
``SEC. 127. REMEDIATION OF CONTAMINATED SEDIMENTS.
``(a) Sediment Quality Criteria.--
``(1) Establishment.--Not later than January 1, 2001, after
consultation with the States and Indian tribes, the
Administrator shall establish final numerical sediment quality
criteria for the 10 toxic, persistent, or bioaccumulative
substances that the Administrator determines are most likely to
adversely affect human health and the environment.
``(2) Review.--Every 3 years after the date on which
criteria are established under paragraph (1)--
``(A) the Administrator shall review the list of
substances compiled under paragraph (1);
``(B) after consultation with the States and Indian
tribes, add or remove substances from the list based on
the risks of adverse effects to human health and the
environment (including the risks of adverse
developmental, reproductive, and transgenerational
effects); and
``(C) not later than 3 years after the date on
which a substance is added to the list under
subparagraph (B), establish final numerical sediment
quality criteria for the substance.
``(b) Revision of Hazard Ranking System.--
``(1) In general.--Not later than 30 months after the date
of enactment of this section, the Administrator shall revise
the hazard ranking system referred to in section 105(a)(8)(A)
to ensure that the hazard ranking system more accurately
assesses the risks to human health and the environment from
aquatic sites with contaminated sediments (as that term is
applied for the purposes of section 118(c)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1268(c)(7))).
``(2) Scope of assessment.--To ensure more accurate
assessments of health and environmental risks at aquatic sites
with contaminated sediments, the assessment referred to in
paragraph (1) shall not--
``(A) include consideration of the costs of
carrying out response actions; or
``(B) require identification of the source of a
release.
``(3) Transition provision.--The hazard ranking system in
effect on the date of enactment of this section shall continue
in effect until the effective date of the revised hazard
ranking system required by this subsection.
``(c) Expenditure of Funds for Response Actions.--
``(1) In general.--Notwithstanding any other provision of
law, for each fiscal year, the Administrator may expend up to
$300,000,000 of funds appropriated out of the Hazardous
Substance Superfund established under section 9507 of the
Internal Revenue Code of 1986 for the purposes of carrying out
response actions and other corrective actions at facilities
containing contaminated sediments (as that term is applied for
the purposes of section 118(c)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(c)(7))).
``(2) Priorities.--In expending funds under paragraph (1),
the Administrator shall give priority to facilities, a release
from which has adversely affected or could adversely affect
human health or the environment, in the following order:
``(A) A facility in a watershed with respect to
which--
``(i) a program has been or is being
implemented that has significantly reduced or
is significantly reducing or preventing the
deposition into sediment of a persistent and
bioaccumulative toxic substance from the
watershed; and
``(ii) a State or local government having
jurisdiction over a portion of the watershed
contributes 25 percent or more of the response
costs.
``(B) A facility in a watershed with respect to
which only subparagraph (A)(i) applies.
``(C) A facility in a watershed with respect to
which only subparagraph (A)(ii) applies.
``(D) A facility in a watershed with respect to
which subparagraph (A) does not apply.
``(d) Hazard Ranking System Scoring Package.--
``(1) Identification of facilities.--From the comprehensive
national survey of data regarding aquatic sediment quality
conducted under section 503(a) of the Water Resources
Development Act of 1992 (33 U.S.C. 1271(a)), the Administrator
shall identify the 20 facilities containing contaminated
sediments (as that term is applied for the purposes of section
118(c)(7) of the Federal Water Pollution Control Act (33 U.S.C.
1268(c)(7))) that are most likely to adversely affect human
health and the environment and that have not been the subject
of any Federal or State response action or other corrective
action.
``(2) Scoring package.--After identifying the facilities
under paragraph (1), the Administrator, not later than 3 years
after the date of enactment of this section, shall--
``(A) prepare a comprehensive scoring package under
the hazard ranking system referred to in section
105(a)(8)(A) for each facility, unless a State or
remedial action planning committee objects to the
conduct of the assessment necessary for the scoring in
an area or watershed under the jurisdiction of the
State or committee; and
``(B) report to Congress the results of each
scoring package prepared under subparagraph (A).''.
(b) Criteria for Determining Priorities Among Releases.--Section
105(a)(8)(A) of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(A)) is amended by
inserting before the semicolon at the end the following: ``, except
that criteria and priorities under this paragraph shall not be based on
the extent to which the President is able to identify 1 or more
potentially responsible parties or 1 or more specific sources of a
release''.
(c) Inclusion in Report on Monitoring of Aquatic Sediment
Quality.--Section 503(b)(2) of the Water Resources Development Act of
1992 (33 U.S.C. 1271(b)(2)) is amended by adding at the end the
following: ``Each report shall include information on all facilities
containing contaminated sediments that are listed on the National
Priorities List under section 105(a)(8)(B) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9605(a)(8)(B)).''.
(d) Report on Hazard Ranking System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall submit to
Congress a report assessing the extent to which the hazard
ranking system referred to in section 105(a)(8)(A) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9605(a)(8)(A)) (as revised in
1990) has achieved the objectives specified in paragraphs (1)
and (2) of section 105(c) of that Act (42 U.S.C. 9605(c)).
(2) Contents.--The report shall include a comprehensive
assessment of the number and type of aquatic facilities that
have been scored under the hazard ranking system (as revised in
1990) and the level of risk that the facilities pose to human
health and the environment. | Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the Administrator of the Environmental Protection Agency to establish final numerical sediment quality criteria for the ten toxic, persistent, or bioaccumulative substances that are most likely to adversely affect human health and the environment. Provides for review and revision of the list of such substances every three years.
Directs the Administrator to revise the hazard ranking system (part of the national hazardous substance response plan under CERCLA) to ensure that the system more accurately assesses the health and environmental risks from aquatic sites with contaminated sediments (as such term is applied under provisions of the Federal Water Pollution Control Act (Clean Water Act) dealing with contaminated sediments in the Great Lakes). Prohibits such assessment from including consideration of costs of carrying out response actions or requiring identification of the source of a hazardous substance release.
Authorizes the Administrator to expend up to $3 million per fiscal year out of the Hazardous Substance Superfund to carry out response and other corrective actions at facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions).
Requires the Administrator, from the national survey of data regarding aquatic sediment quality conducted under the Water Resources Development Act of 1992, to identify the 20 facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions) that are most likely to adversely affect health and the environment and that have not been the subject of Federal or State response actions or other corrective actions. Directs the Administrator to prepare and submit to the Congress a comprehensive scoring package under the hazard ranking system for each facility unless a State or remedial action planning committee objects to the assessment necessary for scoring in an area or watershed under its jurisdiction.
Provides that criteria for determining priorities among hazardous substance releases for purposes of taking remedial action shall not be based on the extent to which the President can identify potentially responsible parties or specific sources of a release.
Requires the Administrator to report to the Congress on the extent to which the hazard ranking system (as revised in 1990) has achieved certain objectives regarding accurate assessment of health and environmental risks posed by facilities and water contamination risks. | {"src": "billsum_train", "title": "A bill to facilitate the remediation of contaminated sediments in the waters of the United States."} | 1,691 | 484 | 0.650212 | 1.879889 | 0.891768 | 3.546318 | 3.389549 | 0.890736 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tobacco Accountability Act''.
SEC. 2. TOBACCO ACCOUNTABILITY BOARD.
(a) Establishment.--There is established an independent board to be
known as the Tobacco Accountability Board.
(b) Membership.--The Board shall consist of 5 members with
expertise relating to tobacco and public health. The members, including
the chair, shall be appointed by the Secretary of Health and Human
Services. The initial members of the Board shall be appointed by the
Secretary within 30 days of the date of the enactment of this Act. A
member of the Board may be removed by the Secretary only for neglect of
duty or malfeasance in office.
(c) Terms.--The term of office of a member of the Board shall be 6
years, except that the members first appointed shall have terms of 2,
3, 4, and 5 years, respectively, as determined by the Secretary.
SEC. 3. DISCLOSURE OF TOBACCO INDUSTRY DOCUMENTS.
(a) Submission by Manufacturers.--Not later than 3 months after the
date of the enactment of this Act and thereafter as required by the
Board, each tobacco manufacturer shall submit to the Board a copy of
all documents in the manufacturer's possession--
(1) relating to--
(A) any health effects, including addiction, caused
by the use of tobacco products;
(B) the manipulation or control of nicotine in
tobacco products; or
(C) the sale or marketing of tobacco products to
children; or
(2) produced, or ordered to be produced, by the tobacco
manufacturer in the case entitled State of Minnesota v. Philip
Morris, Inc, Civ. Action No. C1-94-8565 (Ramsey County, Minn.)
including attorney-client and other documents produced or
ordered to be produced for in camera inspection.
(b) Disclosure by the Board.--Not later than 6 months after the
date of the enactment of this Act and thereafter as required by the
Board, the Board shall, subject to subsection (c), make available to
the public the documents submitted under subsection (a).
(c) Protection of Trade Secrets.--The Board, members of the Board,
and staff of the Board shall not disclose information that is entitled
to protection as a trade secret unless the Board determines that
disclosure of such information is necessary to protect the public
health. This subsection shall not prevent the disclosure of relevant
information to other Federal agencies or to committees of the Congress.
SEC. 4. INVESTIGATION AND ANNUAL REPORTS.
The Board shall investigate all matters relating to the tobacco
industry and public health and report annually on the results of the
investigation to Congress. Each annual report to Congress shall, at a
minimum, disclose--
(1) any efforts by tobacco manufacturers to conceal
research relating to the adverse health effects or addiction
caused by the use of tobacco products;
(2) any efforts by tobacco manufacturers to mislead the
public or any Federal, State, or local elected body, agency, or
court about the adverse health effects or addiction caused by
the use of tobacco products;
(3) any efforts by tobacco manufacturers to sell or market
tobacco products to children; and
(4) any efforts by tobacco manufacturers to circumvent,
repeal, modify, impede the implementation of, or prevent the
adoption of any Federal, State, or local law or regulation
intended to reduce the adverse health effects or addiction
caused by the use of tobacco products.
SEC. 5. TOBACCO MANUFACTURER BOARD MEETINGS.
Each tobacco manufacturer shall permit a representative designated
by the Board to attend and participate in all meetings of the board of
directors of the tobacco manufacturer, including any executive session
or committee meetings thereof. Each tobacco manufacturer shall provide
the representative designated by the Board a copy of all documents or
other information provided by the tobacco manufacturer to any director
of the manufacturer who is not an employee of the manufacturer.
SEC. 6. AUTHORITIES.
The Board, any member of the Board, or staff designated by the
Board may hold hearings, administer oaths, require the testimony or
deposition of witnesses, the production of documents, or the answering
of interrogatories, or, upon presentation of the proper credentials,
enter and inspect facilities.
SEC. 7. ENFORCEMENT.
(a) Responsibilities of Tobacco Manufacturers.--Notwithstanding any
other provision of law, tobacco manufacturers shall provide any
testimony, deposition, documents, or other information, answer any
interrogatories, and allow any entry or inspection required pursuant to
this Act, except to the extent that a constitutional privilege protects
the tobacco manufacturer from complying with such requirement.
(b) Prohibited Act.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the
following:
``(x) The failure to comply with any requirement under the Tobacco
Accountability Act.''.
SEC. 8. ADMINISTRATION.
(a) Staff.--The Chair shall exercise the executive and
administrative functions of the Board and shall have the authority to
hire such staff as may be necessary for the operation of the Board.
(b) Salaries.--The members of the Board shall receive such salary
and benefits as the Secretary deems necessary, except that the salary
of the Chair shall not be less than level III of the Executive Schedule
(5 U.S.C. 5314).
SEC. 9. DEFINITIONS.
For purposes of this Act:
(1) Board.--The term ``Board'' means the Tobacco
Accountability Board.
(2) Manufacture.--The term ``manufacture'' means the
manufacturing, including repacking or relabeling, fabrication,
assembly, processing, labeling, or importing of a tobacco
product.
(3) Tobacco manufacturer.--The term ``tobacco
manufacturer'' means--
(A) any person who manufactures a tobacco product;
or
(B) the Tobacco Institute, the Council for Tobacco
Research, the Smokeless Tobacco Council, the Center for
Indoor Air Research, or any other trade association or
entity that is primarily funded by persons who
manufacture a tobacco product. | Tobacco Accountability Act - Establishes the Tobacco Accountability Board. Requires tobacco manufacturers to submit to the Board within a specified time all documents in their possession relating to: (1) health effects of tobacco use, including addiction; (2) control of nicotine in tobacco products; (3) tobacco product marketing to children; and (4) a specified legal action. Requires the Board to: (1) make such information available to the public within a specified time; and (2) investigate and report annually on all matters relating to the tobacco industry.
Requires tobacco manufacturers to permit a Board-designated representative to attend and participate in their board or executive meetings.
Amends the Federal Food, Drug, and Cosmetic Act to require compliance with this Act. | {"src": "billsum_train", "title": "Tobacco Accountability Act"} | 1,365 | 162 | 0.560654 | 1.518143 | 0.789159 | 2.662252 | 8.225166 | 0.874172 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Message Preservation
Act''.
SEC. 2. PRESERVATION OF ELECTRONIC MESSAGES.
(a) Requirement for Preservation of Electronic Messages.--
(1) In general.--Chapter 29 of title 44, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2911. Electronic messages
``(a) Regulations Required.--Not later than 18 months after the
date of the enactment of this section, the Archivist shall promulgate
regulations governing agency preservation of electronic messages that
are records. Such regulations shall, at a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with the
records disposition requirements of chapter 33 of this title;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches;
``(3) establish mandatory minimum functional requirements
for electronic records management systems to ensure compliance
with the requirements in paragraphs (1) and (2);
``(4) establish a process to certify that Federal agencies'
electronic records management systems meet the functional
requirements established under paragraph (3); and
``(5) include timelines for agency compliance with the
regulations that ensure compliance as expeditiously as
practicable but not later than four years after the date of the
enactment of this section.
``(b) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsection (a) shall
also include requirements for the capture, management, and preservation
of other electronic records.
``(c) Compliance by Federal Agencies.--Each Federal agency shall
comply with the regulations promulgated under subsection (a).
``(d) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under this section.
``(e) Reports on Implementation of Regulations.--
``(1) Agency report to archivist.--Not later than four
years after the date of the enactment of this section, the head
of each Federal agency shall submit to the Archivist a report
on the agency's compliance with the regulations promulgated
under this section.
``(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives
a report on Federal agency compliance with the regulations
promulgated under this section.''.
(2) Clerical amendment.--The table of sections for chapter
29 of title 44, United States Code, is amended by adding after
the item relating to section 2910 the following new item:
``2911. Electronic messages.''.
(b) Definitions.--Section 2901 of title 44, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (14);
(2) by striking the period at the end of paragraph (15) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(16) the term `electronic messages' means electronic mail
and other electronic messaging systems that are used for
purposes of communicating between individuals; and
``(17) the term `electronic records management system'
means software designed to manage electronic records, including
by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for
disposition; and
``(D) ensuring the storage, retrieval, and
disposition of records.''.
SEC. 3. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of electronic
Presidential records during the President's term of office,
including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic
messages;
``(B) records management controls necessary to
ensure that electronic messages are readily accessible
for retrieval through electronic searches; and
``(C) a process to certify the electronic records
management system to be used by the President for the
purposes of complying with the requirements in
subparagraphs (A) and (B).''.
(2) Definition.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(5) The term `electronic messages' has the meaning
provided in section 2901(16) of this title.
``(6) The term `electronic records management system' has
the meaning provided in section 2901(17) of this title.''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following new
section:
``Sec. 2208. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually certify
whether the electronic records management controls established by the
President meet requirements under sections 2203(a) and 2206(5) of this
title.
``(b) Report to Congress.--The Archivist shall report annually to
the Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Oversight and Government Reform of the
House of Representatives on the status of the certification.''.
(2) Clerical amendment.--The table of sections for chapter
22 of title 44, United States Code, is amended by adding at the
end the following new item:
``2208. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(f) of title 44, United States
Code, is amended by adding at the end the following:
``(4) One year following the conclusion of a President's term of
office, or if a President serves consecutive terms one year following
the conclusion of the last term, the Archivist shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Government Reform of the House of
Representatives a report on--
``(A) the volume and format of electronic Presidential
records deposited into that President's Presidential archival
depository; and
``(B) whether the electronic records management controls of
that President met the requirements under sections 2203(a) and
2206(5) of this title.''.
(d) Effective Date.--The amendments made by this section shall take
effect one year after the date of the enactment of this Act.
SEC. 4. PROCEDURES TO PREVENT UNAUTHORIZED REMOVAL OF CLASSIFIED
RECORDS FROM NATIONAL ARCHIVES.
(a) In General.--The Archivist of the United States shall prescribe
internal procedures to prevent the unauthorized removal of classified
records from the National Archives and Records Administration or the
destruction or damage of such records, including when such records are
accessed or searched electronically. The procedures shall apply to all
National Archives and Records Administration facilities authorized to
store classified records and include the following prohibitions:
(1) No person, other than covered personnel, shall view
classified records in any room that is not secure except in the
presence of National Archives and Records Administration
personnel or under video surveillance.
(2) No person, other than covered personnel, shall at any
time be left alone with classified records, unless that person
is under video surveillance.
(3) No person, other than covered personnel, shall conduct
any review of classified records while in the possession of any
cell phone or other personal communication device.
(4) All persons seeking access to review classified
records, as a precondition to such access, must consent to a
search of their belongings upon conclusion of their records
review.
(5) All notes and other writings prepared by persons other
than covered personnel during the course of a review of
classified records shall be retained by the National Archives
and Records Administration in a secure facility until such
notes and other writings are determined to be unclassified, are
declassified, or are securely transferred to another secure
facility.
(b) Definitions.--In this section:
(1) The term ``records'' has the meaning provided in
section 3301 of title 44, United States Code.
(2) The term ``covered personnel'' means any individual--
(A) who has an appropriate and necessary reason for
accessing classified records, as determined by the
Archivist; and
(B) who is either--
(i) an officer or employee of the Federal
Government with appropriate security
clearances; or
(ii) any personnel with appropriate
security clearances of a Federal contractor
authorized in writing to act for purposes of
this section by an officer or employee of the
Federal Government.
SEC. 5. RESTRICTIONS ON ACCESS TO PRESIDENTIAL RECORDS.
Section 2204 of title 44, United States Code (relating to
restrictions on access to presidential records) is amended by adding at
the end the following new subsection:
``(f) The Archivist shall not make available any original
presidential records to any individual claiming access to any
presidential record as a designated representative under section
2205(3) of this title if that individual has been convicted of a crime
relating to the review, retention, removal, or destruction of records
of the Archives.''.
SEC. 6. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives March 17, 2010.
Attest:
LORRAINE C. MILLER,
Clerk. | Electronic Message Preservation Act - (Sec. 2) Requires the Archivist of the United States to promulgate regulations governing federal agency preservation of electronic messages that are federal records and to periodically review and amend, as necessary, such regulations. Requires such regulations to: (1) require the electronic capture, management, and preservation of such electronic records in accordance with the Federal Records Act; (2) require such records to be retrievable through electronic searches; (3) establish mandatory minimum functional requirements for electronic records management systems and a process to certify federal agency compliance with such requirements; (4) include timelines for federal agency compliance; and (5) include requirements for the capture, management, and preservation of other electronic records. Requires agency and Archivist reports on agency compliance with such regulations.
(Sec. 3) Requires the Archivist to: (1) establish standards for the management of electronic presidential records during a President's term of office, including records management controls necessary for the capture, management, and preservation of electronic messages and for ensuring that electronic messages are readily accessible for retrieval through electronic searches; (2) certify annually whether electronic records management controls established by a President meet the requirements of the Presidential Records Act; and (3) report annually to specified congressional committees on the status of such certification.
Requires the Archivist to report to Congress on: (1) the volume and format of electronic presidential records deposited into the archival depository; and (2) whether the electronic records management controls of a President meet the requirements of this Act and the Presidential Records Act.
(Sec. 4) Directs the Archivist to prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration (NARA) or the destruction or damage of such records, including when such records are accessed electronically. Requires such procedures to: (1) apply to all NARA facilities authorized to store classified records; (2) prohibit any person, other than covered personnel, from viewing classified records in any room that is not secure, except in the presence of NARA personnel or under video surveillance, from being left alone with classified records unless under video surveillance, or from conducting any review of classified records while in the possession of any personal communication device; (3) require all persons seeking access to classified records to consent to a search of their belongings upon conclusion of their records review; and (4) require all writings prepared by persons, other than covered personnel, during the course of a review of classified records to be retained by NARA in a secure facility until such writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
Defines "covered personnel" to mean any individual who: (1) has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and (2) is either an officer or employee of the federal government with appropriate security clearances or a person with appropriate security clearances of a federal contractor authorized in writing to act for purposes of this section by a federal officer or employee.
(Sec. 5) Prohibits the Archivist from making available any original presidential records to anyone claiming access to any such record as a designated representative of a former President if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives.
(Sec. 6) Requires the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, to be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" submitted for this Act. | {"src": "billsum_train", "title": "To amend title 44, United States Code, to require preservation of certain electronic records by Federal agencies, to require a certification and reports relating to Presidential records, and for other purposes."} | 2,309 | 785 | 0.726858 | 2.212011 | 0.746732 | 4.790436 | 3.025316 | 0.956399 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Visa Investigation and Social Media
Activity Act of 2017'' or as the ``VISA Act of 2017''.
SEC. 2. PETITION AND APPLICATION PROCESSING FOR VISAS AND IMMIGRATION
BENEFITS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting after
section 211 the following:
``SEC. 211A. BACKGROUND CHECKS AND OTHER SCREENING REQUIREMENTS.
``(a) Comprehensive Security and Background Check.--No petition or
application filed with the Secretary of Homeland Security or with a
consular officer relating to the issuance of a visa to or to the
admission of an alien to the United States as an immigrant or as a
nonimmigrant may be approved unless a background check to determine
whether or not the alien is a national security threat or is otherwise
ineligible for such visa or admission is completed for--
``(1) the petitioner or applicant; and
``(2) each beneficiary or derivative of the petition or
application.
``(b) Review of Social Media Activity.--The background check under
subsection (a) shall include a review of the alien's publicly available
interactions on and posting of material to the Internet (including
social media services).
``(c) Interviews.--No petition or application filed with the
Secretary of Homeland Security for any benefit under this Act, except
for work authorization, by or on behalf of an alien present in the
United States may be approved unless the Secretary conducts an in-
person interview with that alien. The Secretary may waive such
requirement in the case of any alien who would be 10 years of age or
younger at the time of the interview.
``(d) Translation Requirement.--No document submitted in support of
a petition or application for a nonimmigrant or immigrant visa may be
accepted by a consular officer if such document contains information in
a foreign language, unless such document is accompanied by a full
English translation, which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
``(e) Requests for Additional Information.--In an instance where
the Secretary of Homeland Security or a consular officer requests any
additional information relating to a petition or application filed with
the Secretary or consular officer relating to the issuance of a visa or
to the admission of an alien to the United States as an immigrant or as
a nonimmigrant, such petition or application may not be approved unless
all of the additional information requested is provided in complete
form and is provided on or before any deadline included in the
request.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 211 the
following:
``211A. Background checks and other screening requirements.''.
SEC. 3. FRAUD PREVENTION.
(a) Prospective Analytics Technology.--
(1) Plan for implementation.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of
the Senate a plan for the use of advanced analytics software to
ensure the proactive detection of fraud in immigration benefits
applications and petitions and to ensure that any such
applicant or petitioner does not pose a threat to national
security.
(2) Implementation of plan.--Not later than 1 year after
the date of the submission of the plan under paragraph (1), the
Secretary of Home-land Security shall begin implementation of
the plan.
(b) Benefits Fraud Assessment.--
(1) In general.--The Secretary of Homeland Security, acting
through the Fraud Detection and Nationality Security
Directorate, shall complete a benefit fraud assessment by
fiscal year 2021 on each of the following:
(A) Petitions by VAWA self-petitioners (as such
term is defined in section 101(a)(51) of the
Immigration and Nationality Act).
(B) Applications or petitions for visas or status
under section 101(a)(15)(K) of such Act or under
section 201(b)(2) of such Act, in the case of spouses.
(C) Applications for visas or status under section
101(a)(27)(J) of such Act.
(D) Applications for visas or status under section
101(a)(15)(U) of such Act.
(E) Petitions for visas or status under section
101(a)(27)(C) of such Act.
(F) Applications for asylum under section 208 of
such Act.
(G) Applications for adjustment of status under
section 209 of such Act.
(H) Petitions for visas or status under section
201(b) of such Act.
(2) Reporting on findings.--Not later than 30 days after
the completion of each benefit fraud assessment under paragraph
(1), the Secretary shall submit to the Committee on the
Judiciary of the House of Representatives and the Committee on
the Judiciary of the Senate such assessment and recommendations
on how to reduce the occurrence of instances of fraud
identified by the assessment.
SEC. 4. EXPEDITIOUS EXPANSION OF ASSIGNMENT OF HOMELAND SECURITY
EMPLOYEES TO DIPLOMATIC AND CONSULAR POSTS.
(a) In General.--Section 428 of the Homeland Security Act of 2002
(6 U.S.C. 236) is amended--
(1) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Not later than 4 years after the date of
the enactment of the Visa Investigation and Social Media
Activity Act of 2017, the Secretary shall assign employees of
the Department to each diplomatic and consular post at which
visas are issued, and shall communicate such assignments to the
Secretary of State.''; and
(B) by amending paragraph (2)(B) to read as
follows:
``(B) Review all such applications and supporting
documentation prior to the adjudication of such an
application.''; and
(2) by striking subsection (i).
(b) Expedited Clearance and Placement of DHS Personnel.--
Notwithstanding any other provision of law, and the processes set forth
in National Security Defense Directive 38 (dated June 2, 1982) or any
successor Directive, not later than one year after the date on which
the Secretary of Homeland Security communicates to the Secretary of
State the assignment of personnel to a diplomatic or consular post
under section 428(e) of the Homeland Security Act of 2002 (6 U.S.C.
236(e)), as amended by this Act, the Chief of Mission of such a post
shall ensure that such personnel have been stationed and accommodated
at that post and are able to carry out their duties.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $60,000,000 for each of fiscal years 2018 and 2019, which
shall be used to expedite the implementation of section 428(e) of the
Homeland Security Act of 2002 (6 U.S.C. 236(e)), as amended by this
Act.
SEC. 5. GAO REPORT.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct a review and report to Congress on the security of
nonimmigrant and immigrant visa application processes. Such a review
shall address--
(1) how the United States Government conducts security
screening and background checks for nonimmigrant and immigrant
visa petitions and applications, including the agencies and
partners involved and the systems and databases used; and
(2) how the Departments of Homeland Security and State
consider the results of such screening and background checks in
adjudicating nonimmigrant and immigrant visa petitions and
applications.
(b) Agency Cooperation.--Each agency involved in the processes for
conducting and considering the results of such security screening and
background checks shall fully cooperate with, and provide timely access
to, the Comptroller General any requests for records and information. | Visa Investigation and Social Media Activity Act of 2017 or the VISA Act of 2017 This bill amends the Immigration and Nationality Act to prohibit a petition or application filed with the Department of Homeland Security (DHS) or with a consular officer for the issuance of a visa or the admission of an alien from being approved unless a background check to determine whether the alien is a national security threat or is otherwise ineligible for such visa or admission is completed for: (1) the petitioner or applicant, and (2) each beneficiary or derivative of the petition or application. Such background check shall include a review of the alien's publicly available interactions on, and posting of material to, the Internet (including social media services). An applicant must provide an English translation of his or her documentation. No petition or application for any immigration benefit, except for work authorization, may be approved for an alien who is at least 11 years old unless DHS conducts an in-person interview with such alien. DHS shall begin implementation of an analytics software plan to detect fraud in immigration benefits applications and petitions and to ensure that an applicant or petitioner does not pose a national security threat. The bill requires the deployment of DHS employees to all visa-issuing embassies and consulates. | {"src": "billsum_train", "title": "Visa Investigation and Social Media Activity Act of 2017"} | 1,866 | 270 | 0.709151 | 2.126983 | 0.843165 | 4.106122 | 6.555102 | 0.914286 |
SECTION 1. REFERENCES IN LAW TO COMMITTEES OF THE HOUSE OF
REPRESENTATIVES.
(a) References to Committees With New Names.--Except as provided in
subsection (c), any reference in any provision of law enacted before
January 4, 1995, to--
(1) the Committee on Armed Services of the House of
Representatives shall be treated as referring to the Committee on
National Security of the House of Representatives;
(2) the Committee on Banking, Finance and Urban Affairs of the
House of Representatives shall be treated as referring to the
Committee on Banking and Financial Services of the House of
Representatives;
(3) the Committee on Education and Labor of the House of
Representatives shall be treated as referring to the Committee on
Economic and Educational Opportunities of the House of
Representatives;
(4) the Committee on Energy and Commerce of the House of
Representatives shall be treated as referring to the Committee on
Commerce of the House of Representatives;
(5) the Committee on Foreign Affairs of the House of
Representatives shall be treated as referring to the Committee on
International Relations of the House of Representatives;
(6) the Committee on Government Operations of the House of
Representatives shall be treated as referring to the Committee on
Government Reform and Oversight of the House of Representatives;
(7) the Committee on House Administration of the House of
Representatives shall be treated as referring to the Committee on
House Oversight of the House of Representatives;
(8) the Committee on Natural Resources of the House of
Representatives shall be treated as referring to the Committee on
Resources of the House of Representatives;
(9) the Committee on Public Works and Transportation of the
House of Representatives shall be treated as referring to the
Committee on Transportation and Infrastructure of the House of
Representatives; and
(10) the Committee on Science, Space, and Technology of the
House of Representatives shall be treated as referring to the
Committee on Science of the House of Representatives.
(b) References to Abolished Committees.--Any reference in any
provision of law enacted before January 4, 1995, to--
(1) the Committee on District of Columbia of the House of
Representatives shall be treated as referring to the Committee on
Government Reform and Oversight of the House of Representatives;
(2) the Committee on Post Office and Civil Service of the House
of Representatives shall be treated as referring to the Committee
on Government Reform and Oversight of the House of Representatives,
except that a reference with respect to the House Commission on
Congressional Mailings Standards (the ``Franking Commission'')
shall be treated as referring to the Committee on House Oversight
of the House of Representatives; and
(3) the Committee on Merchant Marine and Fisheries of the House
of Representatives shall be treated as referring to--
(A) the Committee on Agriculture of the House of
Representatives, in the case of a provision of law relating to
inspection of seafood or seafood products;
(B) the Committee on National Security of the House of
Representatives, in the case of a
provision of law relating to interoceanic canals, the Merchant
Marine Academy and State Maritime Academies, or national security
aspects of merchant marine;
(C) the Committee on Resources of the House of
Representatives, in the case of a provision of law relating to
fisheries, wildlife, international fishing agreements, marine
affairs (including coastal zone management) except for measures
relating to oil and other pollution of navigable waters, or
oceanography;
(D) the Committee on Science of the House of
Representatives, in the case of a provision of law relating to
marine research; and
(E) the Committee on Transportation and Infrastructure of
the House of Representatives, in the case of a provision of law
relating to a matter other than a matter described in any of
subparagraphs (A) through (D).
(c) References to Committees With Jurisdiction Changes.--Any
reference in any provision of law enacted before January 4, 1995, to--
(1) the Committee on Energy and Commerce of the House of
Representatives shall be treated as referring to--
(A) the Committee on Agriculture of the House of
Representatives, in the case of a provision of law relating to
inspection of seafood or seafood products;
(B) the Committee on Banking and Financial Services of the
House of Representatives, in the case of a provision of law
relating to bank capital markets activities generally or to
depository institution securities activities generally; and
(C) the Committee on Transportation and Infrastructure of
the House of Representatives, in the case of a provision of law
relating to railroads, railway labor, or railroad retirement
and unemployment (except revenue measures related thereto); and
(2) the Committee on Government Operations of the House of
Representatives shall be treated as referring to the Committee on
the Budget of the House of Representatives in the case of a
provision of law relating to the establishment, extension, and
enforcement of special controls over the Federal budget.
SEC. 2. REFERENCES IN LAW TO OFFICERS OF THE HOUSE OF REPRESENTATIVES.
Any reference in any provision of law enacted before January 4,
1995, to a function, duty, or authority--
(1) of the Clerk of the House of Representatives shall be
treated as referring, with respect to that function, duty, or
authority, to the officer of the House of Representatives
exercising that function, duty, or authority, as determined by the
Committee on House Oversight of the House of Representatives;
(2) of the Doorkeeper of the House of Representatives shall be
treated as referring, with respect to that function, duty, or
authority, to the officer of the House of Representatives
exercising that function, duty, or authority, as determined by the
Committee on House Oversight of the House of Representatives;
(3) of the Postmaster of the House of Representatives shall be
treated as referring, with respect to that function, duty, or
authority, to the officer of the House of Representatives
exercising that function, duty, or authority, as determined by the
Committee on House Oversight of the House of Representatives; and
(4) of the Director of Non-legislative and Financial Services
of the House of Representatives shall be treated as referring, with
respect to that function, duty, or authority, to the officer of the
House of Representatives exercising that function, duty, or
authority, as determined by the Committee on House Oversight of the
House of Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Provides that references in any provision of Federal law enacted before January 4, 1995, to any committee or officer of the House of Representatives the name, jurisdiction, function, duty, or authority of which has been changed shall be treated as referring to the currently applicable committee or officer of the House. | {"src": "billsum_train", "title": "To provide that references in the statutes of the United States to any committee or officer of the House of Representatives the name or jurisdiction of which was changed as part of the reorganization of the House of Representatives at the beginning of the One Hundred Fourth Congress shall be treated as referring to the currently applicable committee or officer of the House of Representatives."} | 1,403 | 63 | 0.635897 | 1.452252 | 0.333359 | 3.931034 | 23.137931 | 0.862069 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ATM Consumer Protection Act''.
SEC. 2. ATM SECURITY MEASURES.
The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is
amended--
(1) by redesignating sections 918, 919, 920, and 921 as
sections 919, 920, 921, and 922, respectively; and
(2) by inserting after section 917 the following new
section:
``SEC. 918. ATM SECURITY REQUIREMENTS.
``(a) In General.--Before the end of the 6-month period beginning
on the date of the enactment of the ATM Consumer Protection Act, the
Board shall prescribe regulations establishing minimum standards with
which each automated teller machine operator shall comply with respect
to the installation, maintenance, and operation of security devices and
procedures, reasonable in cost--
``(1) to discourage robberies, burglaries, and larcenies
relating to the operation and use of automated teller machines;
and
``(2) to assist in the identification and apprehension of
persons who commit such acts.
``(b) Minimum Requirements.--At a minimum, the standards required
under subsection (a) shall include the following:
``(1) Security program.--Each automated teller machine
operator shall--
``(A) establish procedures that will assist in
identifying persons committing crimes against any
automated teller machine or any consumer using such
machine and that will preserve evidence that may aid in
their identification or conviction; and
``(B) designate at least 1 person as security
officer (for each automated teller machine operated by
the operator) who shall be responsible for ensuring
compliance with the requirements of the regulations
with respect to such machine, including appropriate
recordkeeping requirements and liaison to local law
enforcement agencies.
``(2) Adequate lighting.--
``(A) In general.--Each automated teller machine
operator shall ensure that adequate lighting exists
with respect to each automated teller machine operated
by such operator.
``(B) Adequate lighting defined.--The term
`adequate lighting' means, at a minimum--
``(i) in the case of an automated teller
machine located inside a building or not
otherwise open to the outdoor air, lighting at
all times that a consumer has access to such
machine for purposes of initiating an
electronic fund transfer that is adequate to
allow a consumer--
``(I) entering the building or
location of the machine to see all
persons in the building or space; and
``(II) in the building or space to
see all persons entering the building
or space;
``(ii) in the case of an automated teller
machine open to the outside air, lighting at
all times necessary due to the absence of
direct or ambient sunlight--
``(I) sufficient to brightly
illuminate the area within 5 feet of
the machine; and
``(II) sufficient to adequately
illuminate at least 50 feet or more in
any unobstructed direction from the
machine;
``(iii) in the case a nearby parking area
has been provided for use by consumers of
automated teller machine, among other users,
lighting at all times necessary due to the
absence of direct or ambient sunlight or other light sufficient to
adequately illuminate the nearby parking area and all areas between the
machine and such parking area;
``(iv) in the case of access to an
automated teller machine from an adjacent side
of a building or other space, lighting at all
times necessary due to the absence of direct or
ambient sunlight or other light sufficient to
adequately illuminate the adjacent side of the
building or other space; and
``(v) in all cases, lighting sufficient to
ensure optimal operation of all surveillance
equipment, cameras, and recording devices.
``(3) Surveillance requirements.--
``(A) In general.--Each automated teller machine
operator shall ensure that each automated teller
machine is provided with a surveillance camera or
cameras sufficient to view and record each person who
uses the automated teller machine, all activity
occurring within 3 feet of the automated teller machine
(other than the transaction itself), and such other
views and recordings as may be required under the
standards.
``(B) Maintenance of recordings.--All recordings
made by surveillance cameras shall be maintained by an
operator of an automated teller machine for such period
of time as may be required under the standards which
shall not be less than a 30-day period and any
recording relating to a specific time period or event
shall be maintained by such operator indefinitely at
the request of a local law enforcement agency in
connection with an investigation of a crime at or near
such machine, or otherwise related to the machine.
(4) Alarm system.--Each automated teller machine operator
shall maintain an alarm system or other appropriate device for
promptly notifying the nearest responsible law enforcement
officers of an attempted or perpetrated robbery, burglary or
larceny in connection with the operation of an automated teller
machine.
(5) Other preventative and remedial measures.--The
standards shall require the security officer designated by any
operator of an automated teller machine to take such other
actions as the security officer may determine to be appropriate
and useful to prevent crimes in the vicinity of the machine and
to preserve evidence in the event of any such crime, taking
into consideration the following:
(i) The incidence of crimes against consumers,
including users of automated teller machines, in the
vicinity of the automated teller machine.
(ii) The amount of the average transaction at the
machine and the amount of currency exposed to robbery,
burglary, or larceny.
(iii) The distance of the automated teller machine
from the nearest responsible law enforcement officers
and the time required for such law enforcement officers
ordinarily to arrive at the automated teller machine.
(iv) The cost of the security devices.
(v) Other security measures in effect at the
automated teller machine and in the vicinity of the
machine.
(vi) The physical characteristics of the location
of the automated teller machine and its vicinity.
``(c) Consultation.--In prescribing the standards required to be
established under this section, the Board shall--
``(1) consult with--
``(A) other agencies referred to in subsections (a)
and (c) of section 917;
``(B) appropriate State officers or agencies which
supervise the operation of automated teller machines or
any operator of automated teller machines; and
``(C) insurers furnishing insurance protection
against losses and other liabilities resulting from
robberies, burglaries, and larcenies committed against
operators of automated teller machines or consumers
using such machines; and
``(D) any appropriate State agency having
supervisory or regulatory responsibilities with respect
to any insurer referred to in subparagraph (C); and
``(2) take into account the regulations and requirements
under the Bank Protection Act of 1968.''. | ATM Consumer Protection Act - Amends the Electronic Fund Transfer Act to instruct the Board of Governors of the Federal Reserve System to prescribe minimum mandatory standards for automated teller machine operator compliance with installation, maintenance, and operation of security devices and procedures to: (1) discourage robberies, burglaries, and larcenies relating to automated teller machines use; and (2) assist in the identification and apprehension of persons who commit such acts.Cites minimum security requirements including: (1) procedures to identify persons committing crimes; (2) adequate lighting; (3) surveillance cameras; ( 4) maintenance of surveillance records for law enforcement purposes; and (5) an alarm system for prompt notification of an attempted or perpetrated robbery, burglary or larceny. | {"src": "billsum_train", "title": "To amend the Electronic Fund Transfer Act to ensure the convenience of automated teller machines and the safety of the machines and the customers by establishing security measures for the machines, and for other purposes."} | 1,521 | 163 | 0.63247 | 1.82594 | 0.80937 | 3.823944 | 10.190141 | 0.922535 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2005''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'',
and by striking ``1984'' in clause (i) and inserting ``1989'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual becomes The applicable
eligible for such benefits in: percentage is:
1979................................................... 55
1980................................................... 45
1981................................................... 35
1982................................................... 32
1983................................................... 25
1984................................................... 20
1985................................................... 16
1986................................................... 10
1987................................................... 3
1988................................................... 5.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2005,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2006 not later than July 1,
2006, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2005, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2006 not later than July 1, 2006, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2006.
(2) Recomputation to reflect benefit increases.--In any
case in which an individual is entitled to monthly insurance
benefits under title II of the Social Security Act for June
2006, if such benefits are based on a primary insurance amount
computed--
(A) under section 215 of such Act as in effect (by
reason of the Social Security Amendments of 1977) after
December 1978, or
(B) under section 215 of such Act as in effect
prior to January 1979 by reason of subsection (a)(4)(B)
of such section (as amended by the Social Security
Amendments of 1977),
the Commissioner of Social Security (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such
primary insurance amount so as to take into account the
amendments made by this Act. | Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989.
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989.
Provides for an election to receive such payments in a lump sum. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes."} | 1,856 | 132 | 0.497261 | 1.286851 | 0.576938 | 1.843478 | 14.756522 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commercial Driver Compliance
Improvement Act''.
SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES.
(a) Amendments.--Subchapter III of chapter 311 of title 49, United
States Code, is amended--
(1) in section 31132--
(A) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) `driving time' has the meaning given such term under
section 395.2 of title 49, Code of Federal Regulations.
``(3) `electronic on-board recording device' means an
electronic device that--
``(A) is capable of recording a driver's duty hours
of service and duty status accurately and
automatically; and
``(B) meets the requirements under section
395.16(b) of title 49, Code of Federal Regulations.'';
and
(2) in section 31137--
(A) in the section heading, by striking
``Monitoring device'' and inserting ``Electronic on-
board recording devices''; and
(B) by amending subsection (a) to read as follows:
``(a) Electronic On-Board Recording Devices.--All commercial motor
vehicles involved in interstate commerce and operated by a driver
subject to the hours of service and the record of duty status
requirements under part 395 of title 49, Code of Federal Regulations,
shall be equipped with an electronic on-board recording device to
improve compliance with hours of service regulations under such
part.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the effective date of the final regulations prescribed
by the Secretary of Transportation pursuant to section 3.
SEC. 3. RULEMAKING.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Transportation shall prescribe
final regulations to carry out section 31137 of title 49, United States
Code, as amended by section 2.
(b) Performance Requirements and Certification Criteria.--
(1) Performance requirements.--The regulations prescribed
by the Secretary under this section shall establish performance
requirements that require each electronic on-board recording
device to--
(A) be integrally synchronized with the vehicle's
engine control module;
(B) identify each driver subject to the hours of
service and record of duty status requirements under
part 395 of title 49, Code of Federal Regulations;
(C) accurately record driving time;
(D) provide real-time recording of the vehicle's
location;
(E) enable law enforcement personnel to access the
information contained in the device during roadside
inspections; and
(F) be tamper resistant.
(2) Certification criteria.--
(A) In general.--The regulations prescribed by the
Secretary under this section shall establish the
criteria and a process for the certification of
electronic on-board recording devices to ensure that
such devices meet the performance requirements under
this section.
(B) Effect of noncertification.--Electronic on-
board recording devices that are not certified in
accordance with the certification process referred to
in subparagraph (A) shall not be acceptable evidence of
hours of service and record of duty status requirements
under part 395 of title 49, Code of Federal
Regulations.
(3) Additional requirements.--The regulations prescribed by
the Secretary under this section shall--
(A) define a standardized user interface to aid
vehicle operator compliance and law enforcement
reviews;
(B) establish a secure process for standardized and
unique vehicle operator identification, data access,
data transfer for vehicle operators between motor
vehicles, data storage for motor carriers, and data
transfer and transportability for law enforcement; and
(C) establish a standard security level for
electronic on-board recording devices to be tamper
resistant.
(c) Effective Date; Applicability.--Beginning on a date that is not
later than 3 years after the date of the enactment of this Act, the
regulations prescribed pursuant to this section shall apply to all
motor carriers, commercial motor vehicles, and vehicle operators
subject to the hours of service and the record of duty status
requirements under part 395 of title 49, Code of Federal Regulations. | Commercial Driver Compliance Improvement Act - Requires all commercial motor vehicles involved in interstate commerce and operated by a driver subject to both federal hours-of-service and record of duty status requirements, in order to improve compliance with federal hours-of-service regulations, to be equipped with an electronic on-board recording device meeting performance requirements and certification criteria and certain other requirements prescribed by the Secretary of Transportation (DOT). | {"src": "billsum_train", "title": "A bill to require the use of electronic on-board recording devices in motor carriers to improve compliance with hours of service regulations."} | 950 | 87 | 0.562479 | 1.442029 | 1.073565 | 3.851852 | 10.938272 | 0.91358 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Employment for All Act of
2017''.
SEC. 2. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES.
(a) Prohibition for Employment and Adverse Action.--Section 604 of
the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
(1) in subsection (a)(3)(B), by inserting ``within the
restrictions set forth in subsection (b)'' after ``purposes'';
(2) by redesignating subsections (b) through (g) as
subsections (c) through (h), respectively; and
(3) by inserting after subsection (a) the following new
subsection:
``(b) Use of Certain Consumer Report Prohibited for Employment
Purposes or Adverse Action.--
``(1) General prohibition.--Except as provided in paragraph
(3), a person, including a prospective employer or current
employer, may not use a consumer report or investigative
consumer report, or cause a consumer report or investigative
consumer report to be procured, with respect to any consumer
where any information contained in the report bears on the
creditworthiness, credit standing, or credit capacity of the
consumer--
``(A) for employment purposes; or
``(B) for making an adverse action, as described in
section 603(k)(1)(B)(ii).
``(2) Source of consumer report irrelevant.--The
prohibition described in paragraph (1) shall apply even if the
consumer consents or otherwise authorizes the procurement or
use of a consumer report for employment purposes or in
connection with an adverse action with respect to the consumer.
``(3) Exceptions.--Notwithstanding the prohibitions set
forth in this subsection, and consistent with the other
sections of this Act, an employer may use a consumer report
with respect to a consumer in the following situations:
``(A) When the consumer applies for, or currently
holds, employment that requires national security
clearance.
``(B) When otherwise required by law.
``(4) Effect on disclosure and notification requirements.--
The exceptions described in paragraph (3) shall have no effect
upon the other requirements of this Act, including requirements
in regards to disclosure and notification to a consumer when
permissibly using a consumer report for employment purposes or
for making an adverse action against the consumer.''.
(b) Conforming Amendments and Cross References.--The Fair Credit
Reporting Act is further amended as follows:
(1) In section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(3), by striking ``604(g)(3)''
and inserting ``604(h)(3)''; and
(B) in subsection (o), by striking ``A'' and
inserting ``Subject to the restrictions set forth in
subsection 604(b), a''.
(2) In section 604 (15 U.S.C. 1681b)--
(A) in subsection (a), by striking ``subsection
(c)'' and inserting ``subsection (d)'';
(B) in subsection (c), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (2)(A), by inserting ``and
subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
and
(ii) in paragraph (3)(A), by inserting
``and subject to the restrictions set forth in
subsection (b)'' after ``subparagraph (B)'';
(C) in subsection (d)(1), as redesignated by
subsection (a)(2) of this section, by striking
``subsection (e)'' in both places that term appears and
inserting ``subsection (f)''; and
(D) in subsection (f), as redesignated by
subsection (a)(2) of this section--
(i) in paragraph (1), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''; and
(ii) in paragraph (5), by striking
``subsection (c)(1)(B)'' and inserting
``subsection (d)(1)(B)''.
(3) In section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)''.
(4) In section 609 (15 U.S.C. 1681g)--
(A) in subsection (a)(3)(C)(i), by striking
``604(b)(4)(E)(i)'' and inserting ``604(c)(4)(E)(i)'';
and
(B) in subsection (a)(3)(C)(ii), by striking
``604(b)(4)(A)'' and inserting ``604(c)(4)(A)''.
(5) In section 613(b) (15 U.S.C. 1681k(b)) by striking
section ``604(b)(4)(A)'' and inserting ``section
604(c)(4)(A)''.
(6) In section 615 (15 U.S.C. 1681m)--
(A) in subsection (d)(1), by striking ``section
604(c)(1)(B)'' and inserting ``section 604(d)(1)(B)'';
(B) in subsection (d)(1)(E), by striking ``section
604(e)'' and inserting ``section 604(f)''; and
(C) in subsection (d)(2)(A), by striking ``section
604(e)'' and inserting ``section 604(f)''. | Equal Employment for All Act of 2017 This bill amends the Fair Credit Reporting Act to prohibit an employer from using a consumer report containing credit information for either employment purposes or for making an adverse employment action. The bill makes exceptions to the prohibition when: (1) the consumer applies for, or currently holds, employment that requires a national security clearance, or (2) a consumer report is otherwise required by law. | {"src": "billsum_train", "title": "Equal Employment for All Act of 2017"} | 1,356 | 85 | 0.663948 | 1.753898 | 1.423643 | 3.107143 | 12.809524 | 0.869048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Injured Servicemembers
Act''.
SEC. 2. SERVICEMEMBER FAMILY LEAVE.
(a) Definitions.--Section 101 of the Family and Medical Leave Act
of 1993 (29 U.S.C. 2611) is amended by adding at the end the following:
``(14) Active duty.--The term `active duty' means duty
under a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United States
Code.
``(15) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces, including a
member of the National Guard or a Reserve, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in
medical hold or medical holdover status, or is otherwise on the
temporary disability retired list, for a serious injury or
illness.
``(16) Medical hold or medical holdover status.--The term
`medical hold or medical holdover status' means--
``(A) the status of a member of the Armed Forces,
including a member of the National Guard or a Reserve,
assigned or attached to a military hospital for medical
care; and
``(B) the status of a member of a reserve component
of the Armed Forces who is separated, whether pre-
deployment or post-deployment, from the member's unit
while in need of health care based on a medical
condition identified while the member is on active duty
in the Armed Forces.
``(17) Next of kin.--The term `next of kin', used with
respect to an individual, means the nearest blood relative of
that individual.
``(18) Serious injury or illness.--The term `serious injury
or illness', in the case of a member of the Armed Forces, means
an injury or illness incurred by the member in line of duty on
active duty in the Armed Forces that may render the member
medically unfit to perform the duties of the member's office,
grade, rank, or rating.''.
(b) Entitlement to Leave.--Section 102(a) of such Act (29 U.S.C.
2612(a)) is amended by adding at the end the following:
``(3) Servicemember family leave.--Subject to section 103,
an eligible employee who is the spouse, son, daughter, parent,
or next of kin of a covered servicemember shall be entitled to
a total of 26 workweeks of leave during a 12-month period to
care for the servicemember. The leave described in this
paragraph shall only be available during a single 12-month
period.
``(4) Combined leave total.--During the single 12-month
period described in paragraph (3), an eligible employee shall
be entitled to a combined total of 26 workweeks of leave under
paragraphs (1) and (3). Nothing in this paragraph shall be
construed to limit the availability of leave under paragraph
(1) during any other 12-month period.''.
(c) Requirements Relating to Leave.--
(1) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(A) in paragraph (1), in the second sentence--
(i) by striking ``section 103(b)(5)'' and
inserting ``subsection (b)(5) or (f) (as
appropriate) of section 103''; and
(ii) by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''; and
(B) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''.
(2) Substitution of paid leave.--Section 102(d) of such Act
(29 U.S.C. 2612(d)) is amended--
(A) in paragraph (1)--
(i) by inserting ``(or 26 workweeks in the
case of leave provided under subsection
(a)(3))'' after ``12 workweeks'' the first
place it appears; and
(ii) by inserting ``(or 26 workweeks, as
appropriate)'' after ``12 workweeks'' the
second place it appears; and
(B) in paragraph (2)(B), by adding at the end the
following: ``An eligible employee may elect, or an
employer may require the employee, to substitute any of
the accrued paid vacation leave, personal leave, family
leave, or medical or sick leave of the employee for
leave provided under subsection (a)(3) for any part of
the 26-week period of such leave under such
subsection.''.
(3) Notice.--Section 102(e)(2) of such Act (29 U.S.C.
2612(e)(2)) is amended by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(4) Spouses employed by same employer.--Section 102(f) of
such Act (29 U.S.C. 2612(f)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and aligning the margins of
the subparagraphs with the margins of section
102(e)(2)(A);
(B) by striking ``In any'' and inserting the
following:
``(1) In general.--In any''; and
(C) by adding at the end the following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of
workweeks of leave to which both that husband and wife
may be entitled under subsection (a) may be limited to
26 workweeks during the single 12-month period
described in subsection (a)(3) if the leave is--
``(i) leave under subsection (a)(3); or
``(ii) a combination of leave under
subsection (a)(3) and leave described in
paragraph (1).
``(B) Both limitations applicable.--If the leave
taken by the husband and wife includes leave described
in paragraph (1), the limitation in paragraph (1) shall
apply to the leave described in paragraph (1).''.
(d) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following:
``(f) Certification for Servicemember Family Leave.--An employer
may require that a request for leave under section 102(a)(3) be
supported by a certification issued at such time and in such manner as
the Secretary may by regulation prescribe.''.
(e) Failure To Return.--Section 104(c) of such Act (29 U.S.C.
2614(c)) is amended--
(1) in paragraph (2)(B)(i), by inserting ``or under section
102(a)(3)'' before the semicolon; and
(2) in paragraph (3)(A)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) a certification issued by the
health care provider of the servicemember being
cared for by the employee, in the case of an
employee unable to return to work because of a
condition specified in section 102(a)(3).''.
(f) Enforcement.--Section 107 of such Act (29 U.S.C. 2617) is
amended, in subsection (a)(1)(A)(i)(II), by inserting ``(or 26 weeks,
in a case involving leave under section 102(a)(3))'' after ``12
weeks''.
(g) Instructional Employees.--Section 108 of such Act (29 U.S.C.
2618) is amended, in subsections (c)(1), (d)(2), and (d)(3), by
inserting ``or under section 102(a)(3)'' after ``section 102(a)(1)''.
SEC. 3. SERVICEMEMBER FAMILY LEAVE FOR CIVIL SERVICE EMPLOYEES.
(a) Definitions.--Section 6381 of title 5, United States Code, is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(7) the term `active duty' means duty under a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10, United States Code;
``(8) the term `covered servicemember' means a member of
the Armed Forces, including a member of the National Guard or a
Reserve, who is undergoing medical treatment, recuperation, or
therapy, is otherwise in medical hold or medical holdover
status, or is otherwise on the temporary disability retired
list, for a serious injury or illness;
``(9) the term `medical hold or medical holdover status'
means--
``(A) the status of a member of the Armed Forces,
including a member of the National Guard or a Reserve,
assigned or attached to a military hospital for medical
care; and
``(B) the status of a member of a reserve component
of the Armed Forces who is separated, whether pre-
deployment or post-deployment, from the member's unit
while in need of health care based on a medical
condition identified while the member is on active duty
in the Armed Forces;
``(10) the term `next of kin', used with respect to an
individual, means the nearest blood relative of that
individual; and
``(11) the term `serious injury or illness', in the case of
a member of the Armed Forces, means an injury or illness
incurred by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.''.
(b) Entitlement to Leave.--Section 6382(a) of such title is amended
by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26 administrative
workweeks of leave during a 12-month period to care for the
servicemember. The leave described in this paragraph shall only
be available during a single 12-month period.
``(4) During the single 12-month period described in
paragraph (3), an employee shall be entitled to a combined
total of 26 administrative workweeks of leave under paragraphs
(1) and (3). Nothing in this paragraph shall be construed to
limit the availability of leave under paragraph (1) during any
other 12-month period.''.
(c) Requirements Relating to Leave.--
(1) Schedule.--Section 6382(b) of such title is amended--
(A) in paragraph (1), in the second sentence--
(i) by striking ``section 6383(b)(5)'' and
inserting ``subsection (b)(5) or (f) (as
appropriate) of section 6383''; and
(ii) by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''; and
(B) in paragraph (2), by inserting ``or under
subsection (a)(3)'' after ``subsection (a)(1)''.
(2) Substitution of paid leave.--Section 6382(d) of such
title is amended by adding at the end the following: ``An
employee may elect to substitute for leave under subsection
(a)(3) any of the employee's accrued or accumulated annual or
sick leave under subchapter I for any part of the 26-week
period of leave under such subsection.''.
(3) Notice.--Section 6382(e) of such title is amended by
inserting ``or under subsection (a)(3)'' after ``subsection
(a)(1)''.
(d) Certification.--Section 6383 of such title is amended by adding
at the end the following:
``(f) An employing agency may require that a request for leave
under section 6382(a)(3) be supported by a certification issued at such
time and in such manner as the Office of Personnel Management may by
regulation prescribe.''. | Support for Injured Servicemembers Act - Amends the Family and Medical Leave Act of 1993 to entitle an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember to a total of 26 workweeks of leave during a single 12-month period to care for the servicemember.
Defines covered servicemember as a member of the U.S. Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty that may render the member medically unfit to perform his or her duties.
Provides for the substitution of accrued paid vacation, personal, family leave, or medical or sick leave for any part of the 26-week period.
Declares that nothing in this Act shall be construed to limit the availability of such leave during any other 12-month period.
Amends federal civil service law to entitle civilian federal employees to the same leave allowance. Provides for the substitution of accrued paid annual or sick leave for any part of the 26-week period. | {"src": "billsum_train", "title": "To expand family and medical leave in support of servicemembers with combat-related injuries."} | 2,932 | 282 | 0.641235 | 1.865304 | 0.675389 | 6.050633 | 10.603376 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Secrets Protection Act''.
SEC. 2. AMENDMENT TO THE RULES OF EVIDENCE.
Article 5 of the Federal Rules of Evidence is amended by adding at
the end the following:
``Rule 503. State Secrets Privilege
``(a) In General.--In any civil action brought in Federal or State
court, the Government has a privilege to refuse to give information and
to prevent any person from giving information only if the Government
shows that public disclosure of the information that the Government
seeks to protect would be reasonably likely to cause significant harm
to the national defense or the diplomatic relations of the United
States.
``(b) Protection of Secrets.--
``(1) In general.--The court shall take steps to protect
sensitive information that comes before the court in connection
with proceedings under this Rule. These steps may include
reviewing evidence or pleadings and hearing arguments ex parte,
issuing protective orders, placing material under seal, and
applying security procedures established under the Classified
Information Procedures Act for classified information to
protect the sensitive information.
``(2) In camera proceedings.--All hearings and other
proceedings under this Rule may be conducted in camera, as
needed to protect information that may be subject to the
privilege.
``(3) Participation of counsel.--Participation of counsel
in proceedings under this Rule may be limited if the court
determines that the limitation is a necessary step to protect
information the Government asserts is protected by the
privilege or that supports the claim of privilege.
``(4) Guardian ad litem.--Where counsel is excluded from a
proceeding, the court shall have discretion to appoint a
guardian ad litem to represent the absent litigant's interests,
drawing, in consultation with the excluded nongovernmental
party, from a previously generated list of attorneys who have
been granted required security clearances in the past and have
agreed to serve in this capacity. The guardian ad litem shall
not discuss the information claimed as privileged or its
content with any nongovernmental party or nongovernmental
party's counsel.
``(5) Production of adequate substitute pending resolution
of the claim of privilege.--If, at any point during its
consideration of the Government's claim, the court determines
that disclosure of information to a party or counsel, or
disclosure of information by a party that already possesses it,
presents a risk of a harm described in subsection (a) that
cannot be addressed through less restrictive means provided in
this subsection, the court may require the Government to
produce an adequate substitute, such as a redacted version,
summary of the information, or stipulation regarding the
relevant facts, if the court deems such a substitute feasible.
The substitute must be reviewed and approved by the court and
must provide counsel with a substantially equivalent
opportunity to assess and challenge the Government's claim of
privilege as would the protected information.
``(c) Assertion of the Privilege.--
``(1) In general.--The Government may assert the privilege
in connection with any claim in a civil action to which it is a
party or may intervene in a civil action to which it is not a
party to do so.
``(2) Supporting affidavits.--If the Government asserts the
privilege, the Government shall provide the court with an
affidavit signed by the head of the executive branch agency
with responsibility for, and control over, the information
asserted to be subject to the privilege. In the affidavit, the
head of the agency shall explain the factual basis for the
claim of privilege. The Government shall make public an
unclassified version of the affidavit.
``(d) Preliminary Proceedings.--
``(1) Preliminary review by court.--Once the Government has
asserted the privilege, and before the court makes any
determinations under subsection (e), the court shall undertake
a preliminary review of the information the Government asserts
is protected by the privilege and provide the Government an
opportunity to seek protective measures under this Rule. After
any initial protective measures are in place, the court shall
proceed to the consideration of additional preliminary matters
under this subsection.
``(2) Consideration of whether to appoint special master or
expert witness.--The court shall consider whether the
appointment of a special master with appropriate expertise or
an expert witness, or both, would facilitate the court's duties
under this Rule.
``(3) Index of materials.--The court may order the
Government to provide a manageable index of the information
that the Government asserts is subject to the privilege. The
index must correlate statements made in the affidavit required
under this Rule with portions of the information the Government
asserts is subject to the privilege. The index shall be
specific enough to afford the court an adequate foundation to
review the basis of the assertion of the privilege by the
Government.
``(4) Prehearing conferences.--After the preliminary
review, the court shall hold one or more conferences with the
parties to--
``(A) determine any steps needed to protect
sensitive information;
``(B) define the issues presented by the
Government's claim of privilege, including whether it
is possible to allow the parties to complete
nonprivileged discovery before determining whether the
claim of privilege is valid;
``(C) order disclosure to the court of anything
needed to assess the claim, including all information
the Government asserts is protected by the privilege
and other material related to the Government's claim;
``(D) resolve any disputes regarding participation
of counsel or parties in proceedings relating to the
claim, including access to the Government's evidence
and arguments;
``(E) set a schedule for completion of discovery
related to the Government's claim; and
``(F) take other steps as needed, such as ordering
counsel or parties to obtain security clearances.
``(e) Procedures and Standard for Assessing the Privilege Claim.--
``(1) Hearing.--The court shall conduct a hearing to
determine whether the privilege claim is valid.
``(2) Basis for ruling.--
``(A) Generally.--The court may not determine that
the privilege is valid until the court has reviewed--
``(i) except as provided in subparagraph
(B), all of the information that the Government
asserts is privileged;
``(ii) the affidavits, evidence, memoranda
and other filings submitted by the parties
related to the privilege claim; and
``(iii) any other evidence that the court
determines it needs to rule on the privilege.
``(B) Sampling in certain cases.--Where the volume
of information the Government asserts is privileged
precludes a timely review, or the court otherwise
determines a review of all of that information is not
feasible, the court may substitute a sufficient
sampling of the information if the court determines
that there is no reasonable possibility that review of
the additional information would change the court's
determination on the privilege claim and the
information reviewed is sufficient to enable the court
to make the independent assessment required by this
subsection.
``(3) Standard.--In ruling on the validity of the
privilege, the court shall make an independent assessment of
whether the harm identified by the Government, as required by
subsection (a), is reasonably likely to occur should the
privilege not be upheld. The court shall weigh testimony from
Government experts in the same manner as it does, and along
with, any other expert testimony.
``(4) Burden of proof.--The Government shall have the
burden of proof as to the nature of the harm and as to the
likelihood of its occurrence.
``(f) Effect of Court Determination.--
``(1) In general.--If the court determines that the
privilege is not validly asserted, the court shall issue
appropriate orders regarding the disclosure of the information
to a nongovernmental party and its admission at trial, subject
to the other rules of evidence, with the right to interlocutory
appeal as provided in subsection (g) for any such orders. If
the court determines that the privilege is validly asserted,
that information shall not be disclosed to a nongovernmental
party or the public.
``(2) Nonprivileged substitute.--
``(A) Court consideration of substitute.--If the
court finds that the privilege is validly asserted and
it is possible to craft a nonprivileged substitute,
such as those described in subsection (b)(5), for the
privileged information that would provide the parties a
substantially equivalent opportunity to litigate the
case, the court shall order the Government to produce
the substitute to the satisfaction of the court.
``(B) Refusal to provide.--In a civil action
brought against the Government, if the court orders the
Government to provide a nonprivileged substitute for
information and the Government fails to comply, in
addition to any other appropriate sanctions, the court
shall find against the Government on the factual or
legal issue to which the privileged information is
relevant. If the action is not brought against the
Government, the court shall weigh the equities and make
appropriate orders as provided in paragraph (4).
``(3) Opportunity to complete discovery.--The court shall
not resolve any issue or claim and shall not grant a motion to
dismiss or motion for summary judgment based on the state
secrets privilege and adversely to any party against whom the
Government's privilege claim has been upheld until that party
has had a full opportunity to complete nonprivileged discovery
and to litigate the issue or claim to which the privileged
information is relevant without regard to that privileged
information.
``(4) Appropriate orders in the interest of justice.--After
reviewing all available evidence, and only after determining
that privileged information, for which it is impossible to
create a nonprivileged substitute, is necessary to decide a
factual or legal issue or claim, the court shall weigh the
equities and make appropriate orders in the interest of
justice, such as striking the testimony of a witness, finding
in favor of or against a party on a factual or legal issue to
which the information is relevant, or dismissing a claim or
counterclaim. This paragraph does not permit an award of money
damages against a party based in whole or in part on privileged
information that was not disclosed to that party.
``(g) Interlocutory Appeal.--
``(1) In general.--The courts of appeal shall have
jurisdiction of an appeal from a decision or order of a
district court determining that the state secrets privilege is
not validly asserted, sanctioning a refusal to provide an
adequate or nonprivileged substitute required under this Rule,
or refusing protective steps sought by the Government under
this Rule pending the resolution of the claim of state secrets
privilege.
``(2) Appeal.--
``(A) In general.--An appeal taken under this
section either before or during trial shall be
expedited by the court of appeals.
``(B) During trial.--If an appeal is taken during
trial, the district court shall adjourn the trial until
the appeal is resolved and the court of appeals--
``(i) shall hear argument on appeal as
expeditiously as possible after adjournment of
the trial by the district court;
``(ii) may dispense with written briefs
other than the supporting materials previously
submitted to the trial court;
``(iii) shall render its decision as
expeditiously as possible after argument on
appeal; and
``(iv) may dispense with the issuance of a
written opinion in rendering its decision.
``(h) Reporting.--
``(1) In general.--Consistent with applicable authorities
and duties, including those conferred by the Constitution of
the United States upon the executive and legislative branches,
the Attorney General shall report in writing to the Permanent
Select Committee on Intelligence of the House of
Representatives, the Select Committee on Intelligence of the
Senate, and the chairmen and ranking minority members of the
Committees on the Judiciary of the House of Representatives and
Senate on any case in which the Government invokes a state
secrets privilege, not later than 30 calendar days after the
date of such assertion. Each report submitted under this
subsection shall include all affidavits filed under this Rule
by the Government.
``(2) Operation and effectiveness.--
``(A) In general.--The Attorney General shall
deliver to the committees of Congress described in
paragraph (1) a report concerning the operation and
effectiveness of this Rule and including suggested
amendments to the Rule.
``(B) Deadline.--The Attorney General shall submit
this report not later than 1 year after the date of
enactment of this Rule, and every year thereafter until
the date that is 3 years after that date of enactment.
After the date that is 3 years after that date of
enactment, the Attorney General shall submit a report
under subparagraph (A) as necessary.
``(i) Rule of Construction.--This Rule provides the only privilege
that may be asserted in civil cases based on state secrets and the
standards and procedures set forth in this Rule apply to any assertion
of the privilege.
``(j) Application.--This Rule applies to claims pending on or after
the date of enactment of this Rule. A court also may relieve a party or
its legal representative from a final judgment, order, or proceeding
that was based, in whole or in part, on the state secrets privilege
if--
``(1) the motion for relief is filed with the rendering
court within one year of the date of enactment of this Rule;
``(2) the underlying judgment, order, or proceeding from
which the party seeks relief was entered after January 1, 2002;
and
``(3) the claim on which the judgment, order, or proceeding
is based is--
``(A) against the Government; or
``(B) arises out of conduct by persons acting in
the capacity of a Government officer, employee, or
agent.''. | State Secrets Protection Act - Amends the Federal Rules of Evidence to declare that, in any civil action brought in federal or state court, the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States.
Requires the court to take steps, which may include in camera and ex parte hearings and other security procedures, to protect sensitive information that comes before it.
Sets forth the court's authority regarding the participation of counsel, appointment of a guardian ad litem to represent an absent litigant's interests, and the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes (redacted copies, summary of information, stipulation of facts) for privileged information.
Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party, or (2) intervene in a civil action to which it is not a party in order to do so.
Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question, and (2) provide the government an opportunity to seek protective measures under this Act.
Establishes procedures and a standard for assessing the privilege claim.
Requires the court, if it determines that the privilege is not validly asserted, to issue appropriate orders regarding the disclosure of the information to a nongovernmental party and its admission at trial, with the right to an interlocutory appeal for any such orders. Prohibits such disclosure or admission if the privilege is determined valid.
Grants the courts of appeal jurisdiction of an appeal from a decision or order of a district court determining that the state secrets privilege is not validly asserted, sanctioning a refusal to provide an adequate or nonprivileged substitute, or refusing protective steps sought by the government pending the resolution of the claim of state secrets privilege. | {"src": "billsum_train", "title": "To provide safe, fair, and responsible procedures and standards for resolving claims of state secrets privilege."} | 3,078 | 478 | 0.729872 | 2.528132 | 0.877593 | 5.751807 | 6.910843 | 0.951807 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher and Nurse Support Act of
2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) According to the National Center for Education
Statistics, over the next 10 years, the United States will need
more than 2,000,000 new teachers to replace the teachers who
are retiring or leaving the classroom for other careers.
(2) The Hart-Rudman National Security Report on education
recommended that the President direct the Department of
Education to work with the States to devise a comprehensive
plan to avert a looming shortage of high-quality teachers.
(3) According to the National Center for Education
Statistics, 20 percent of all new teachers leave the teaching
profession within 3 years. Providing loan forgiveness or loan
cancellation is one step that would help retain high-quality
teachers in schools that need teachers.
(4) The American Hospital Association has reported more
than 118,000 unfilled registered nurse positions in hospitals
in the United States. Additionally, the National Commission on
Nursing Workforce for Long-Term Care released a report in May,
2005, stating that there are nearly 100,000 vacant nursing
positions in long-term care facilities on any given day, and
the nurse turnover rate exceeds 50 percent. The shortage is
costing long-term care facilities an estimated $4 billion a
year in recruitment and training expenses.
(5) College loans are more of a burden than ever for
students and families. According to a recent United States
Public Interest Research Group report, average student loan
debt almost doubled from $9,200 in 1992-1993 to $16,928 in
1999-2000.
(b) Purpose.--The purpose of this Act is to improve access to, and
the delivery of, high-quality educational and health services
throughout the United States by reducing the shortage of qualified
teachers and nurses.
SEC. 3. LOAN FORGIVENESS.
(a) Loan Forgiveness.--Section 428J of the Higher Education Act of
1965 (20 U.S.C. 1078-10) is amended to read as follows:
``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS AND NURSES.
``(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the teaching and nursing
professions.
``(b) Program Authorized.--
``(1) In general.--The Secretary shall carry out a program
to forgive, in accordance with this section, the student loan
debt of any borrower who has one or more loans described under
paragraph (2) made on or after October 1, 1998, and who--
``(A) has been employed--
``(i) as a full-time teacher--
``(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in those schools;
``(II) if employed as a secondary
school teacher, is teaching a subject
area that is relevant to the borrower's
academic major as certified by the
chief administrative officer of the
public or nonprofit private secondary
school in which the borrower is
employed; and
``(III) if employed as an
elementary school teacher, has
demonstrated, as certified by the chief
administrative officer of the public or
nonprofit private elementary school in
which the borrower is employed,
knowledge and teaching skills in
reading, writing, mathematics, and
other areas of the elementary school
curriculum; or
``(ii) as a full-time eligible nurse--
``(I) in a clinical setting; or
``(II) as a member of the nursing
faculty at an accredited school of
nursing (as those terms are defined in
section 801 of the Public Health
Service Act (42 U.S.C. 296)); and
``(B) is not in default on a loan for which the
borrower seeks forgiveness.
``(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary shall,
subject to paragraph (3), carry out a program--
``(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount (as
determined under subsection (c)) for a loan made under
section 428 or 428H of this part; and
``(B) to cancel a qualified loan amount (as so
determined) for a Federal Direct Stafford Loan or a
Federal Direct Unsubsidized Stafford Loan made under
part D of this title;
``(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C or section 455(g) may be a
qualified loan amount for the purposes of paragraph (2) only to
the extent that such loan amount was used to repay a loan made
under section 428 or 428H, a Federal Direct Stafford Loan, or a
Federal Direct Unsubsidized Stafford Loan for a borrower who
meets the requirements of paragraph (1), as determined in
accordance with regulations prescribed by the Secretary.
``(c) Qualified Loan Amount.--
``(1) In general.--
``(A) Aggregate amount.--The Secretary shall, in
installments in accordance with subparagraph (B),
forgive under this section not more than $17,500 in the
aggregate of the student loan obligation of a borrower.
``(B) Annual installments.--The Secretary shall
forgive the student loan obligation of a borrower in
annual installments after each of 5 years of service
described in clause (i) or (ii) of subsection
(b)(1)(A)(i) in an amount not to exceed the lesser of
the remaining outstanding obligation of the borrower
or--
``(i) $2,000 at the completion of the first
year of such service;
``(ii) $2,500 at the completion of the
second year of such service;
``(iii) $3,500 at the completion of the
third year of such service;
``(iv) $4,500 at the completion of the
fourth year of such service; and
``(v) $5,000 at the completion of the fifth
year of such service.
``(2) Forbearance on qualified loan amount.--A holder of a
loan on which a borrower is seeking forgiveness under this
section--
``(A) shall grant forbearance, at the request of
the borrower, in annual increments for each of the
years of qualifying service if the holder believes, at
the time of the borrower's annual request, that the
amount expected to be forgiven under this section at
the completion of the period of qualifying service will
satisfy the anticipated remaining outstanding balance
on the loan; and
``(B) may offer other forbearance options to the
borrower.
``(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
``(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
``(f) List of Schools.--If the list of schools in which a teacher
may perform service pursuant to subsection (b)(1)(A)(i) is not
available before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made to make
the service determination.
``(g) Additional Eligibility Provisions.--
``(1) Continued eligibility for teachers.--Any teacher who
performs service in a school that--
``(A) meets the requirements of subsection
(b)(1)(A)(i)(I) in any year during such service; and
``(B) in a subsequent year fails to meet the
requirements of that subsection,
may continue to teach in the school and shall be eligible for
loan forgiveness pursuant to subsection (b).
``(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this subsection
and--
``(A) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.); or
``(B) section 846 of the Public Health Service Act
(42 U.S.C. 297n).
``(h) Definitions.--In this section:
``(1) Eligible nurse.--The term `eligible nurse' means a
nurse who meets all of the following:
``(A) The nurse graduated from--
``(i) an accredited school of nursing (as
those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296));
``(ii) a nursing center; or
``(iii) an academic health center that
provides nurse training.
``(B) The nurse holds a valid and unrestricted
license to practice nursing in the State in which the
nurse practices in a clinical setting.
``(C) The nurse holds 1 or more of the following:
``(i) A graduate degree in nursing or
equivalent degree.
``(ii) A nursing degree from a collegiate
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(iii) A nursing degree from an associate
degree school of nursing (as defined in section
801 of the Public Health Service Act (42 U.S.C.
296)).
``(iv) A nursing degree from a diploma
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
``(2) Year.--The term `year', where applied to service as a
teacher (or service as a member of the nursing faculty at an
accredited school of nursing (as those terms are defined in
section 801 of the Public Health Service Act (42 U.S.C. 296))),
means an academic year as defined by the Secretary.''.
(b) Repeal of Loan Cancellation Provision.--Section 460 of the
Higher Education Act of 1965 (20 U.S.C. 1087j) is repealed.
SEC. 4. PHASE OUT OF CURRENT PROGRAM.
An individual who began the required period of teaching described
in section 428J(b)(1) or 460(b)(1)(A) of the Higher Education Act of
1965 (20 U.S.C. 1078-10 and 1087j) as such sections were in effect on
the day before the date of enactment of this Act, shall--
(1) be eligible to receive loan forgiveness or loan
cancellation in the amount described in, and in accordance with
the requirements of, such sections as in effect on the day
before the date of enactment of this Act; and
(2) not be eligible to receive loan forgiveness under
section 428J of the Higher Education Act of 1965 as in effect
on the date of enactment of this Act. | Teacher and Nurse Support Act of 2007 - Amends the Higher Education Act of 1965 to increase to a maximum of $17,500 the aggregate student loan obligation eligible for forgiveness or cancellation under the Federal Family Education Loan or Direct Loan programs for teachers who serve full-time in certain elementary or secondary schools that enroll a high proportion of disadvantaged students.
Includes, under these student loan forgiveness and cancellation programs, nurses who serve in a clinical setting or as a member of the nursing faculty at an accredited school of nursing. Directs the Secretary of Education to repay such loan obligation in annual installments up to specified maximum amounts after each of five years of such service. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to expand the loan forgiveness program for teachers, to provide a loan forgiveness program for nurses, and for other purposes."} | 2,443 | 138 | 0.44649 | 1.273159 | 0.515059 | 2.492063 | 17.587302 | 0.84127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Oceanography Coordination
Improvement Act of 1996''.
SEC. 2. FEDERAL OCEANOGRAPHY COORDINATION IMPROVEMENT.
The Congress finds the following:
(1) The oceans and coastal areas of the United States are
among the Nation's most valuable natural resources, making
substantial contributions to economic growth, quality of life,
and national security.
(2) Oceans drive global and regional climate. Therefore,
they contain information affecting agriculture, fishing, and
the prediction of severe weather.
(3) Understanding of the oceans through basic and applied
research is essential for using the oceans wisely and
protecting their limited resources. Therefore, the United
States should maintain its world leadership in oceanography as
one key to its competitive future.
(4) Ocean research and education activities take place
within Federal agencies, academic institutions, and industry.
These entities often have similar requirements for research
facilities, data, and other resources (such as oceanographic
research vessels).
(5) The need exists for a formal mechanism to coordinate
existing partnerships and establish new partnerships for the
sharing of resources, intellectual talent, and facilities in
the ocean sciences and education, so that optimal use can be
made of this most important natural resource for the well-being
of all Americans.
SEC. 3. ESTABLISHMENT AND PURPOSES OF PROGRAM.
The Secretary of Commerce shall establish a program to be known as
the ``National Oceanographic Partnership Program''. The purposes of the
program are as follows:
(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality of
life, and strengthening science education and communication
through improved knowledge of the ocean.
(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
(A) identifying and carrying out partnerships among
Federal agencies, academia, industry, and other members
of the oceanographic scientific community in the areas
of data, resources, education, and communication; and
(B) reporting annually to Congress on the program.
SEC. 4. ESTABLISHMENT OF NATIONAL OCEAN RESEARCH LEADERSHIP COUNCIL.
(a) In General.--There is established a National Ocean Research
Leadership Council (hereinafter in this section referred to as the
``Council'').
(b) Membership.--The Council is composed of the following members:
(1) The Administrator of the National Oceanic and
Atmospheric Administration, who shall be the Chairman of the
Council.
(2) The Secretary of the Navy.
(3) The Director of the National Science Foundation.
(4) The Administrator of the National Aeronautics and Space
Administration.
(5) The Deputy Secretary of Energy.
(6) The Administrator of the Environmental Protection
Agency.
(7) The Commandant of the Coast Guard.
(8) The Director of the Geological Survey of the Department
of the Interior.
(9) The Director of the Defense Advanced Research Projects
Agency.
(10) The Director of the Minerals Management Service of the
Department of the Interior.
(11) The President of the National Academy of Sciences, the
President of the National Academy of Engineering, and the
President of the Institute of Medicine.
(12) The Director of the Office of Science and Technology.
(13) The Director of the Office of Management and Budget.
(14) One member appointed by the Chairman from among
individuals who will represent the views of ocean industries.
(15) One member appointed by the Chairman from among
individuals who will represent the views of State governments.
(16) One member appointed by the Chairman from among
individuals who will represent the views of academia.
(17) One member appointed by the Chairman from among
individuals who will represent such other views as the Chairman
considers appropriate.
(c) Term of Office.--The term of office of a member of the Council
appointed under paragraph (14), (15), (16), or (17) of subsection (b)
shall be two years, except that any person appointed to fill a vacancy
occurring before the expiration of the term for which his or her
predecessor was appointed shall be appointed for the remainder of such
term.
(d) Initial Appointments of Council Members.--The Administrator of
the National Oceanic and Atmospheric Administration shall make the
appointments required by subsection (b) by not later than December 1,
1996.
(e) Responsibilities of Council.--The Council shall have the
following responsibilities:
(1) To establish the Ocean Research Partnership
Coordinating Group as provided in section 7903.
(2) To establish the Ocean Research Advisory Panel as
provided in section 6.
(3) To submit to Congress an annual report pursuant to
subsection (f).
(f) Annual Report.--Not later than March 1 of each year, the
Council shall submit to Congress a report on the National Oceanographic
Partnership Program. The report shall contain the following:
(1) A description of activities of the program carried out
during the fiscal year before the fiscal year in which the
report is prepared. The description also shall include a list
of the members of the Ocean Research Partnership Coordinating
Group, the Ocean Research Advisory Panel, and any working
groups in existence during the fiscal year covered.
(2) A general outline of the activities planned for the
program during the fiscal year in which the report is prepared.
(3) A summary of projects continued from the fiscal year
before the fiscal year in which the report is prepared and
projects expected to be started during the fiscal year in which
the report is prepared and during the following fiscal year.
(4) A description of the involvement of the program with
Federal interagency coordinating entities.
(5) The amounts requested, in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the fiscal
year following the fiscal year in which the report is prepared,
for the programs, projects, and activities of the program and
the estimated expenditures under such programs, projects, and
activities during such following fiscal year.
The first annual report required by this subsection shall be submitted
to Congress not later than March 1, 1997. The first report shall
include, in addition to the information otherwise required by this
subsection, information about the terms of office, procedures, and
responsibilities of the Ocean Research Advisory Panel established by
the Council.
SEC. 5. OCEAN RESEARCH PARTNERSHIP COORDINATING GROUP.
(a) Establishment.--The Council shall establish an entity to be
known as the ``Ocean Research Partnership Coordinating Group''
(hereinafter in this section referred to as the ``Coordinating
Group'').
(b) Membership.--The Coordinating Group shall consist of members
appointed by the Council, with one member appointed from each Federal
department or agency having an oceanographic research or development
program.
(c) Chairman.--The Council shall appoint the Chairman of the
Coordinating Group.
(d) Responsibilities.--Subject to the authority, direction, and
control of the Council, the Coordinating Group shall have the following
responsibilities:
(1) To prescribe policies and procedures to implement the
National Oceanographic Partnership Program.
(2) To review, select, and identify and allocate funds for
partnership projects for implementation under the program,
based on the following criteria:
(A) Whether the project addresses critical research
objectives or operational goals, such as data
accessibility and quality assurance, sharing of
resources, education, or communication.
(B) Whether the project has broad participation
within the oceanographic community.
(C) Whether the partners have a long-term
commitment to the objectives of the project.
(D) Whether the resources supporting the project
are shared among the partners.
(E) Whether the project has been subjected to
adequate peer review.
(3) To promote participation in partnership projects by
each Federal department and agency involved with oceanographic
research and development by publicizing the program and by
prescribing guidelines for participation in the program.
(4) To submit to the Council an annual report pursuant to
subsection (h).
(e) Partnership Program Office.--The Coordinating Group shall
establish in the National Ocean Service and oversee a partnership
program office to carry out such duties as the Chairman of the
Coordinating Group considers appropriate to implement the National
Oceanographic Partnership Program, including the following:
(1) To establish and oversee working groups to propose
partnership projects to the Coordinating Group and advise the
Group on such projects.
(2) To manage peer review of partnership projects proposed
to the Coordinating Group and competitions for projects
selected by the Group.
(3) To submit to the Coordinating Group an annual report on
the status of all partnership projects and activities of the
office.
(f) Contract and Grant Authority.--The Coordinating Group may
authorize in the National Ocean Service to enter into contracts and
make grants, using funds appropriated pursuant to an authorization for
the National Oceanographic Partnership Program, for the purpose of
implementing the program and carrying out the Coordinating Group's
responsibilities.
(g) Forms of Partnership Projects.--Partnership projects selected
by the Coordinating Group may be in any form that the Coordinating
Group considers appropriate, including memoranda of understanding,
demonstration projects, cooperative research and development
agreements, and similar instruments.
(h) Annual Report.--Not later than February 1 of each year, the
Coordinating Group shall submit to the Council a report on the National
Oceanographic Partnership Program. The report shall contain, at a
minimum, copies of any recommendations or reports to the Coordinating
Group by the Ocean Research Advisory Panel.
SEC. 6. OCEAN RESEARCH ADVISORY PANEL.
(a) Establishment.--The Council shall appoint an Ocean Research
Advisory Panel (hereinafter in this section referred to as the
``Advisory Panel'') consisting of not less than 10 and not more than 18
members.
(b) Membership.--Members of the Advisory Panel shall be appointed
from among persons who are eminent in the fields of marine science or
marine policy, or related fields, and who are representative, at a
minimum, of the interests of government, academia, and industry.
(c) Responsibilities.--
(1) Review of partnership projects.--The Coordinating Group
shall refer to the Advisory Panel, and the Advisory Panel shall
review, each proposed partnership project estimated to cost
more than $500,000. The Advisory Panel shall make any
recommendations to the Coordinating Group that the Advisory
Panel considers appropriate regarding such projects.
(2) Other recommendations.--The Advisory Panel shall make
any recommendations to the Coordinating Group regarding
activities that should be addressed by the National
Oceanographic Partnership Program that the Advisory Panel
considers appropriate.
(d) Initial Appointments of Advisory Panel Members.--The Council
shall make the appointments to the Advisory Panel by not later than
January 1, 1997.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Of the amounts authorized to be appropriated to
the Department of Defense, $30,000,000 is authorized for the National
Oceanographic Partnership Program.
(b) Required Funding for Program Office.--Of the amount
appropriated for the National Oceanographic Partnership Program for
fiscal year 1997, at least $500,000, or 3 percent of the amount
appropriated, whichever is greater, shall be available for operations
of the partnership program office established under section 5(e) for
such fiscal year. | Federal Oceanography Coordination Improvement Act of 1996 - Establishes the National Oceanographic Partnership Program. Sets forth the purposes of the program.
Establishes the National Ocean Research Leadership Council which shall: (1) prescribe policies and procedures to implement the National Oceanographic Partnership Program; and (2) review, select, identify, and allocate funds for partnership projects for implementation under the program, based on certain criteria. Mandates an annual report. Requires the Council to establish in the National Ocean Service and oversee a partnership program office to implement the National Oceanographic Partnership Program, including to: (1) establish and oversee working groups to propose partnership projects to the Council and advise the Council on such projects; (2) manage peer review of partnership projects and competition for projects selected by the Council; and (3) submit to the Council an annual report on the status of all partnership projects and office activities. | {"src": "billsum_train", "title": "Federal Oceanography Coordination Improvement Act of 1996"} | 2,398 | 178 | 0.596895 | 1.748876 | 0.963397 | 3.847458 | 13.124294 | 0.920904 |
SECTION 1. FINDINGS.
Congress finds the following:
(1) Simeon Saunders Booker, Jr., was born on August 27,
1918, in Baltimore, Maryland, to Reberta Waring and Simeon
Saunders Booker, Sr., a YMCA director and minister.
(2) After his family moved to Youngstown, Ohio, Booker
became interested in journalism.
(3) Booker promoted and wrote about Negro League baseball
teams in Youngstown's local newspaper, The Vindicator.
(4) In 1945, he moved back to Ohio to work for the Call and
Post, where he became the first African-American reporter to
win a Newspaper Guild Award for his series on Cleveland, Ohio,
slum housing, and a Willkie Award for reporting on racial
inequities in the public schools.
(5) In 1950, Booker was the recipient of the Nieman
Fellowship from Harvard University to study journalism and
develop his talent as a reporter.
(6) After leaving Harvard in 1951, Booker became the first
full-time African-American reporter at The Washington Post.
(7) In 1955, he helped to advance the civil rights movement
with his famous coverage of the Emmett Till murder and trial,
turning a common occurrence in the Deep South into a national
tragedy that united the Black community.
(8) He remained at the forefront of the civil rights
movement, reporting on the 1957 integration of Central High
School in Little Rock, Arkansas.
(9) In 1961, he rode with the Congress on Racial Equality
(CORE) Freedom Riders through the Deep South.
(10) When the Freedom Riders were firebombed and beaten in
Anniston, Alabama, in a Ku Klux Klan ambush, Booker arranged
for their rescue by calling U.S. Attorney General Robert F.
Kennedy.
(11) In two wartime tours of Vietnam in the 1960s, he
interviewed Black troops on the front lines, and took enemy
fire in a helicopter with United States Army General William
Westmoreland for reports for Jet and Ebony magazines.
(12) He has chronicled the most tumultuous period in
American history in two highly acclaimed books, Shocking the
Conscience: A Reporter's Account of the Civil Rights Movement
(University Press of Mississippi, 2013), and Black Man's
America (Prentice Hall, 1964).
(13) Often called the ``dean of the black press'', as chief
of Ebony and Jet magazines' Washington bureau, he interviewed
presidents, senators and representatives, members of the
judiciary, cabinet officers, foreign ambassadors, and other
important members of the Washington community. His column,
``Ticker Tape U.S.A.'' became a must-read for politicians and
government officials.
(14) He covered every Presidential election since the
Eisenhower Administration in his fifty-three years with Johnson
Publishing until he retired in 2007.
(15) In 1982, Booker received one of the most prestigious
awards in journalism, the National Press Club's Fourth Estate
Award.
(16) His honors and awards include: Nieman Fellowship,
Harvard University 1950; elected president of the Capitol Press
Club, 1956; Fourth Estate Award, National Press Club, 1982;
inducted into Hall of Fame, Washington Chapter of Sigma Delta
Chi, and Hall of Fame of Washington, DC, 1984; Master
Communicators Award, National Black Media Coalition, 1998;
Phoenix Award, Congressional Black Caucus Foundation, 2010;
inducted into Hall of Fame, National Association of Black
Journalists, 2013.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to Simeon Saunders
Booker, Jr., in recognition of his achievements in the field of
journalism, including reporting during the Civil Rights movement, as
well as social and political commentary.
(b) Design and Striking.--For purposes of the presentation referred
to in subsection (a), the Secretary of the Treasury (referred to in
this Act as the ``Secretary'') shall strike a gold medal with suitable
emblems, devices, and inscriptions to be determined by the Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medal struck pursuant to section 2 under such regulations as the
Secretary may prescribe, at a price sufficient to cover the cost
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medal.
SEC. 4. STATUS OF MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all medals struck under this Act shall be
considered to be numismatic items. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the presentation of a Congressional Gold Medal to Simeon Saunders Booker, Jr., in recognition of his achievements in the field of journalism, including his reporting during the civil rights movement and his social and political commentary. | {"src": "billsum_train", "title": "To award a Congressional Gold Medal to Simeon Booker in recognition of his achievements in the field of journalism, including reporting during the Civil Rights movement, as well as social and political commentary."} | 1,114 | 88 | 0.409373 | 1.351421 | 0.199462 | 6 | 17.169492 | 0.915254 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Lending Enhancement and
Regulatory Relief Act of 2013'' or the ``CLEAR Relief Act of 2013''.
SEC. 2. COMMUNITY BANK EXEMPTION FROM ANNUAL MANAGEMENT ASSESSMENT OF
INTERNAL CONTROLS REQUIREMENT OF THE SARBANES-OXLEY ACT
OF 2002.
Section 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is
amended by adding at the end the following:
``(d) Community Bank Exemption.--
``(1) Definitions.--In this subsection--
``(A) the term `bank holding company' has the same
meaning as in section 2 of the Bank Holding Company Act
of 1956 (12 U.S.C. 1841);
``(B) the term `insured depository institution' has
the same meaning as in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813); and
``(C) the term `savings and loan holding company'
has the same meaning as in section 10 of the Home
Owners' Loan Act (12 U.S.C. 1467a).
``(2) In general.--This section and the rules prescribed
under this section shall not apply in any fiscal year to any
bank holding company, savings and loan holding company, or
insured depository institution which, as of the end of the
preceding fiscal year, had total consolidated assets of
$1,000,000,000 or less.
``(3) Adjustment of amount.--The Commission shall annually
adjust the dollar amount in paragraph (1) by an amount equal to
the percentage increase, for the most recent year, in total
assets held by all bank holding companies, savings and loan
holding companies, and insured depository institutions, as
reported by the Federal Deposit Insurance Corporation.''.
SEC. 3. CHANGES REQUIRED TO THE SMALL BANK HOLDING COMPANY POLICY
STATEMENT ON ASSESSMENT OF FINANCIAL AND MANAGERIAL
FACTORS.
(a) Definitions.--In this section--
(1) the term ``bank holding company'' has the same meaning
as in section 2 of the Bank Holding Company Act of 1956 (12
U.S.C. 1841);
(2) the term ``Board'' means the Board of Governors of the
Federal Reserve System;
(3) the term ``financial institution'' means--
(A) an insured depository institution;
(B) a bank holding company;
(C) a savings and loan holding company; and
(D) a foreign bank subject to the Bank Holding
Company Act of 1956 (12 U.S.C. 1841 et seq.);
(4) the term ``insured depository institution'' has the
same meaning as in section 3 of the Federal Deposit Insurance
Act (12 U.S.C. 1813); and
(5) the term ``savings and loan holding company'' has the
same meaning as in section 10 of the Home Owners' Loan Act (12
U.S.C. 1467a).
(b) Federal Reserve Board.--The policy statement of the Board in
the Small Bank Holding Company Statement in part 225 of the appendix to
title 12, Code of Federal Regulations (or any successor thereto), shall
apply to each financial institution that--
(1) is otherwise subject to that policy statement; and
(2) has consolidated assets of less than $5,000,000,000.
SEC. 4. ESCROW REQUIREMENTS RELATING TO CERTAIN CONSUMER CREDIT
TRANSACTIONS.
Section 129D(c) of the Truth in Lending Act (15 U.S.C. 1639d(c)) is
amended--
(1) by redesignating paragraphs (1), (2), (3), and (4) as
subparagraphs (A), (B), (C), and (D), respectively, and moving
the margins 2 ems to the right;
(2) by striking ``The Bureau'' and inserting the following:
``(1) In general.--The Bureau''; and
(3) by adding at the end the following:
``(2) Treatment of loans held by smaller institutions.--The
Bureau shall, by regulation, exempt from the requirements of
subsection (a) any loan secured by a first lien on the
principal dwelling of a consumer, if such loan is held by an
insured depository institution having assets of $10,000,000,000
or less.''.
SEC. 5. MINIMUM STANDARDS FOR RESIDENTIAL MORTGAGE LOANS.
Section 129C(b)(2) of the Truth in Lending Act (15 U.S.C.
1639c(b)(2)) is amended--
(1) by adding at the end the following:
``(F) Safe harbor.--In this section--
``(i) the term `qualified mortgage'
includes any mortgage loan that is originated
and retained in portfolio for a period of not
less than 3 years by a depository institution
having less than $10,000,000,000 in total
assets; and
``(ii) loans described in clause (i) shall
be deemed to meet the requirements of
subsection (a).''; and
(2) in subparagraph (E)--
(A) by striking ``The Bureau may, by regulation,''
and inserting ``The Bureau shall, by regulation,''; and
(B) by striking clause (iv) and inserting the
following:
``(iv) that is extended by an insured
depository institution that--
``(I) originates and retains the
balloon loans in portfolio for a period
of not less than 3 years; and
``(II) together with its affiliates
has less than $10,000,000,000 in total
consolidated assets.''. | Community Lending Enhancement and Regulatory Relief Act of 2013 or CLEAR Relief Act of 2013 - Amends the Sarbanes-Oxley Act of 2002 to exempt from its rules regarding management assessment of internal controls the following institutions which, as of the end of the preceding fiscal year, had total consolidated assets of $1 billion or less (adjusted annually according to a certain formula): (1) a bank holding company, (2) a savings and loan holding company, or (3) an insured depository institution. Declares the "Small Bank Holding Company Statement" of the Board of Governors of the Federal Reserve System (Board) applicable to a financial institution that: (1) is otherwise subject to that policy statement, and (2) has consolidated assets of less than $5 billion. Amends the Truth in Lending Act (TILA) to require the Consumer Financial Protection Bureau (CFPB) to exempt from requirements governing escrow or impound accounts affecting certain consumer credit transactions any loans secured by a first lien on the principal dwelling of a consumer, if such loans are held by an insured depository institution having assets of $10 billion or less. Includes as a qualified mortgage, with respect to the presumption that a qualified residential mortgage loan meets certain minimum standards, any mortgage loan originated and retained in portfolio for at least three years by a depository institution having less than $10 billion in total assets. Requires the CFPB (which currently is merely authorized) to provide by regulation that a "qualified mortgage" includes a balloon loan extended by an insured depository institution that: (1) originates and retains balloon loans in portfolio for at least three years, and (2) together with its affiliates has less than $10 billion in total consolidated assets. | {"src": "billsum_train", "title": "Community Lending Enhancement and Regulatory Relief Act of 2013"} | 1,290 | 393 | 0.579537 | 1.883163 | 0.787656 | 3.458084 | 3.356287 | 0.871257 |
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Financial Services
Industry Stability Act of 2010''.
(b) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Chairperson.--The term ``Chairperson'' means the
Chairman of the Board of Governors of the Federal Reserve
System.
(2) Financial company.--The term ``financial company''
means a company or other entity--
(A) that is--
(i) incorporated or organized under the
laws of the United States or any State,
territory, or possession of the United States,
the District of Columbia, Commonwealth of
Puerto Rico, Commonwealth of Northern Mariana
Islands, Guam, American Samoa, or the United
States Virgin Islands; or
(ii) a company incorporated in or organized
in a country other than the United States that
has significant operations in the United States
through--
(I) a Federal or State branch or
agency of a foreign bank (as such terms
are defined in the International
Banking Act of 1978 (12 U.S.C. 3101 et
seq.)); or
(II) a United States affiliate or
other United States operating entity of
a company that is incorporated or
organized in a country other than the
United States; and
(B) that is, in whole or in part, directly or
indirectly, engaged in financial activities.
SEC. 2. FEDERAL AGENCY ACTIONS AND CONSULTATIONS; REPORT.
(a) Review of Programs To Promote the Public Interest.--
(1) Federal reserve board review.--The Chairperson shall--
(A) review all programs administered by the Board
of Governors of the Federal Reserve System; and
(B) utilize such programs in furtherance of the
purposes of this Act.
(2) Other agency action.--Each Federal department, agency,
and independent establishment in the Executive branch shall, in
consultation with, and with the assistance of, the Chairperson,
utilize any authority of such department, agency, or
establishment, under any provision of law, in furtherance of
the purposes of this Act by carrying out programs to promote
transparency, simplicity, fairness, accountability, and equal
access in the market for consumer financial products or
services.
(b) Ensure No Financial Company Becomes Too Big To Fail.--The head
of each Federal department, agency, and independent establishment in
the Executive branch shall, in consultation with, and with the
assistance of, the Chairperson, take such steps as may be necessary to
ensure that no financial company is able to pose a systemic risk to the
health of the United States economy by becoming too large to fail.
(c) Definitions and Rulemaking.--
(1) In general.--The Chairperson shall, in accordance with
section 553 of title 5, United States Code, and in consultation
with all departments, agencies, and independent establishments
in the Executive branch, prescribe regulations which, at a
minimum, shall--
(A) define the terms ``systemic risk'' and ``too
large to fail'', consistent with the best financial and
commercial data available;
(B) enumerate procedures that specify when and how
the Chairperson and the head of any other Federal
department, agency, or independent establishment in the
Executive branch shall--
(i) cause financial companies that, in
accordance with such regulations, are
determined to be too large to fail to
restructure themselves in size and scope of
operations so as not to pose a systemic risk to
the health of the United States economy; and
(ii) impose increased capital reserve
requirements upon any financial company which
has been ordered to restructure under clause
(i), the appropriate levels of which shall be
determined by regulations prescribed under this
section;
(C) define the criteria to be used by the
Chairperson and the head of any other Federal
department, agency, or independent establishment in the
Executive branch in causing the restructuring of
financial companies under subparagraph (B)(i); and
(D) establish a fund comprised of annual levies on
financial companies at levels deemed appropriate by the
Chairperson and the head of each Federal department,
agency, or independent establishment in the Executive
branch for the purpose of financing restructurings
pursuant to subparagraph (B)(i).
(2) Regulations.--The Chairperson shall commence the
process for prescribing the regulations required under this
subsection before the end of the 30-day period beginning on the
date of the enactment of this Act.
(d) Report to the Congress.--The Chairperson and the head of each
Federal department, agency, and independent establishment in the
Executive branch shall submit an annual report to the Congress not
later than January 1st of each year detailing the activities of the
Board of Governors of the Federal Reserve System or such department,
agency, or establishment in carrying out the requirements of this
section. | Financial Services Industry Stability Act of 2010 - Directs the Chairman of the Board of Governors of the Federal Reserve System to review all programs administered by the Board and utilize them in furtherance of this Act.
Directs each federal department, agency, and independent establishment in the executive branch to utilize its authority to: (1) implement programs to promote transparency, simplicity, fairness, accountability, and equal access in the market for consumer financial products or services; and (2) take necessary steps to ensure that no financial company is able to pose a systemic risk to the health of the U.S. economy by becoming too large to fail.
Requires the Board Chairperson to define the terms "systemic risk" and "too large to fail" and enumerate procedures that specify when and how the Chairperson and the head of any other federal department, agency, or independent executive branch establishment shall: (1) cause financial companies that are determined to be too large to fail to restructure in size and scope of operations so as not to pose a systemic risk to the health of the U.S. economy; and (2) impose increased capital reserve requirements upon any financial company which has been ordered to restructure.
Requires the Chairperson to: (1) define criteria for causing the restructuring of financial companies; and (2) establish a fund composed of annual levies on financial companies to finance restructurings. | {"src": "billsum_train", "title": "To provide stability in the financial services industry by promoting transparency, simplicity, fairness, accountability, and equal access in the market for consumer financial products or services and ensuring that no financial company becomes too big to fail, and for other purposes."} | 1,070 | 294 | 0.581126 | 1.858581 | 0.966327 | 5.388679 | 3.758491 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Tax Relief Act of
2017''.
SEC. 2. STRENGTHENING THE EARNED INCOME TAX CREDIT.
(a) Increased Credit for Individuals With No Qualifying Children.--
(1) In general.--The table in subparagraph (A) of section
32(b)(2) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``$4,220'' in the second column and
inserting ``$9,230''; and
(B) by striking ``$5,280'' in the last column and
inserting ``$10,900''.
(2) Inflation adjustments.--Subparagraph (B) of section
32(j)(1) of the Internal Revenue Code of 1986 is amended--
(A) in clause (i)--
(i) by inserting ``(except as provided in
clause (iii))'' after ``(b)(2)(A)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following new clause:
``(iii) in the case of the $9,230 and
$10,900 amounts in the table in subsection
(b)(2)(A), by substituting `calendar year 2016'
for `calendar year 1992' in subparagraph (B) of
such section 1.''.
(b) Credit Increase and Reduction in Phaseout for Individuals With
No Children.--The table contained in section 32(b)(1) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``7.65'' in the second column of the fourth
row and inserting ``15.3''; and
(2) by striking ``7.65'' in the third column of the fourth
row and inserting ``15.3''.
(c) Credit Allowed for Certain Childless Individuals Over Age 21.--
Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code
of 1986 is amended by striking ``age 25'' and inserting ``age 21''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 3. STRENGTHENING THE CHILD TAX CREDIT.
(a) Increase in Amount of Credit for Taxpayers With Young
Children.--Subsection (a) of section 24 of the Internal Revenue Code of
1986 is amended to read as follows:
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to the sum of--
``(1) with respect to each qualifying child of the taxpayer
who has not attained 6 years of age before the close of such
taxable year and for which the taxpayer is allowed a deduction
under section 151, an amount equal to $3,000, and
``(2) with respect to each qualifying child of the taxpayer
who has attained 6 years of age before the close of such
taxable year and for which the taxpayer is allowed a deduction
under section 151, an amount equal to $1,000.''.
(b) Increase in Portion of Credit Refundable for Taxpayers With
Young Children.--Clause (i) of section 24(d)(1)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(i)(I) in the case of a taxpayer with a
qualifying child who has not attained 6 years
of age before the close of the taxable year, 45
percent of so much of the taxpayer's earned
income (within the meaning of section 32) which
is taken into account in computing taxable
income for the taxable year, or
``(II) in the case of a taxpayer not
described in subclause (I), 15 percent of so
much of the taxpayer's earned income (within
the meaning of section 32) which is taken into
account in computing taxable income for the
taxable year as exceeds $3,000, or''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
SEC. 4. INDEXING THE CHILD TAX CREDIT FOR INFLATION.
(a) Inflation Adjustments.--Section 24 of the Internal Revenue Code
of 1986, as amended by section 3, is amended by adding at the end the
following new subsection:
``(h) Inflation Adjustments.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2017, each of the dollar
amounts in subsections (a) and (b)(2) shall each be increased
by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--Any increase determined under the
preceding sentence shall be rounded to the nearest multiple of
$50.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2017.
SEC. 5. SIMPLIFYING THE EARNED INCOME TAX CREDIT.
(a) Modification of Abandoned Spouse Rule.--
(1) In general.--Section 32(c)(1) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(G) Certain married individuals living apart.--
For purposes of this section, an individual who--
``(i) is married (within the meaning of
section 7703(a)) and files a separate return
for the taxable year,
``(ii) lives with a qualifying child of the
individual for more than one-half of such
taxable year, and
``(iii)(I) during the last 6 months of such
taxable year, does not have the same principal
place of abode as the individual's spouse, or
``(II) has a legally binding separation
agreement with the individual's spouse and is
not a member of the same household with the
individual's spouse by the end of the taxable
year,
shall not be considered as married.''.
(2) Conforming amendments.--
(A) The last sentence of section 32(c)(1)(A) of the
Internal Revenue Code of 1986 is amended by striking
``section 7703'' and inserting ``section 7703(a)''.
(B) Section 32(d) of such Code is amended by
striking ``In the case of an individual who is married
(within the meaning of section 7703)'' and inserting
``In the case of an individual who is married (within
the meaning of section 7703(a)) and is not described in
subsection (c)(1)(G)''.
(b) Elimination of Disqualified Investment Income Test.--
(1) In general.--Section 32 of the Internal Revenue Code of
1986 is amended by striking subsection (i).
(2) Conforming amendments.--
(A) Section 32(j)(1)(B)(i) of such Code, as amended
by this Act, is amended by striking ``subsections
(b)(2)(A) and (i)(1)'' and inserting ``subsection
(b)(2)(A)''.
(B) Section 32(j)(2) of such Code is amended to
read as follows:
``(2) Rounding.--If any dollar amount in subsection
(b)(2)(A) (after being increased under subparagraph (B)
thereof), after being increased under paragraph (1), is not a
multiple of $10, such amount shall be rounded to the next
nearest multiple of $10.''.
(c) Simplification of Rules Regarding Presence of Qualifying
Child.--
(1) Taxpayer eligible for credit for worker without
qualifying child if qualifying child claimed by another member
of family.--Section 32(c)(1) of the Internal Revenue Code of
1986, as amended by this Act, is amended by adding at the end
the following new paragraph:
``(H) Taxpayer eligible for credit for worker
without qualifying child if qualifying child claimed by
another member of family.--
``(i) General rule.--Except as provided in
clause (ii), in the case of 2 or more eligible
individuals who may claim for such taxable year
the same individual as a qualifying child, if
such individual is claimed as a qualifying
child by such an eligible individual, then any
other such eligible individual who does not
make such a claim of such child or of any other
qualifying child may be considered an eligible
individual without a qualifying child for
purposes of the credit allowed under this
section for such taxable year.
``(ii) Exception if qualifying child
claimed by parent.--If an individual is claimed
as a qualifying child for any taxable year by
an eligible individual who is a parent of such
child, then no other custodial parent of such
child who does not make such a claim of such
child may be considered an eligible individual
without a qualifying child for purposes of the
credit allowed under this section for such
taxable year.''.
(2) Taxpayer eligible for credit for worker without
qualifying child if qualifying children do not have valid
social security number.--Subparagraph (F) of section 32(c)(1)
of the Internal Revenue Code of 1986 is amended to read as
follows:
``(F) Individuals who do not include tin, etc., of
any qualifying child.--In the case of any eligible
individual who has one or more qualifying children, if
no qualifying child of such individual is taken into
account under subsection (b) by reason of paragraph
(3)(D), for purposes of the credit allowed under this
section, such individual may be considered an eligible
individual without a qualifying child.''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016. | Working Families Tax Relief Act of 2017 This bill amends the Internal Revenue Code, with respect to the earned income tax credit, to: (1) increase the credit and reduce the phaseout percentage for taxpayers with no qualifying children, (2) reduce from 25 to 21 the qualifying age for individuals with no children, (3) revise eligibility rules relating to married individuals living apart and qualifying children claimed by another family member, and (4) repeal the denial of such credit for taxpayers with excess investment income. This bill modifies the child tax credit to: (1) increase the amount of the credit and the portion of the credit that is refundable for taxpayers with children under the age of six, and (2) require the dollar amounts of the credit to be adjusted for inflation after 2017. | {"src": "billsum_train", "title": "Working Families Tax Relief Act of 2017"} | 2,320 | 156 | 0.515881 | 1.256765 | 0.665859 | 2.134615 | 12.929487 | 0.865385 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridges to the Cuban People Act of
2001''.
TITLE I--FACILITATION OF THE EXPORT OF FOOD AND MEDICINES TO CUBA
SEC. 101. EXEMPTION FROM PROHIBITIONS AND RESTRICTIONS ON TRADE WITH
CUBA TO PERMIT THE EXPORT OF FOOD AND MEDICINES TO CUBA.
(a) In General.--Except as provided in subsection (b), any
prohibition or restriction in law or regulation on trade or financial
transactions with Cuba shall not apply with respect to the export of
any agricultural commodity, farm machinery or equipment, medicine, or
medical device, or with respect to travel incident to the sale or
delivery of any agricultural commodity, farm machinery or equipment,
medicine, or medical device, to Cuba.
(b) Exceptions.--Subsection (a) does not apply to--
(1) any prohibition or restriction imposed under the Export
Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) or
successor statute for goods containing parts or components on
which export controls are in effect under that section; or
(2) any prohibition or restriction imposed under section
203 of the International Emergency Economic Powers Act (50
U.S.C. 1702) insofar as the prohibition or restriction is
exercised to deal with a threat to the national security of the
United States by virtue of the technology incorporated in such
machinery or equipment.
(c) Supersedes Existing Law.--Subsection (a) supersedes the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX of H.R.
5426 of the One Hundred Sixth Congress, as enacted into law by section
1(a) of Public Law 106-387, and as contained in the appendix of that
Act) or any other provision of law.
SEC. 102. REMOVAL OF CERTAIN PROHIBITIONS ON VESSELS ENTERING UNITED
STATES PORTS.
Section 1706(b) of the Cuban Democracy Act of 1992 (22 U.S.C.
6005(b); prohibiting certain vessels from entering United States ports)
shall not apply with respect to vessels that transport to Cuba any item
the export of which is permitted under section 101 or 404 of this Act.
SEC. 103. STUDY AND REPORT RELATING TO EXPORT PROMOTION AND CREDIT
PROGRAMS FOR CUBA.
(a) Study.--The Secretary of Agriculture shall conduct a study of
United States agricultural export promotion and credit programs in
effect as of the date of enactment of this Act to determine how such
programs may be carried out to promote the consumption of United States
agricultural commodities in Cuba.
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
containing--
(1) the results of the study conducted under subsection
(a); and
(2) recommendations for proposed legislation, if any, to
improve the ability of the Secretary of Agriculture to utilize
United States agricultural export promotion and credit programs
with respect to the consumption of United States agricultural
commodities in Cuba.
SEC. 104. REPORT TO CONGRESS.
Not later than 6 months after the date of enactment of this Act,
the President shall submit to Congress a report that sets forth--
(1) the extent (expressed in volume and dollar amounts) of
sales to Cuba of agricultural commodities, farm machinery and
equipment, medicines, and medical devices, since the date of
enactment of this Act;
(2) a description of the types of the goods so exported;
and
(3) whether there has been any indication that any medicine
or medical device exported to Cuba since the date of enactment
of this Act--
(A) has been used for purposes of torture or other
human rights abuses;
(B) was reexported; or
(C) was used in the production of any bio-
technological product.
SEC. 105. DEFINITIONS.
In this title:
(1) Agricultural commodity.--The term ``agricultural
commodity''--
(A) has the meaning given the term in section 102
of the Agricultural Trade Act of 1978 (7 U.S.C. 5602);
and
(B) includes fertilizer.
(2) Medical device.--The term ``medical device'' has the
meaning given the term ``device'' in section 201 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321).
(3) Medicine.--The term ``medicine'' has the meaning given
the term ``drug'' in section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 7321).
TITLE II--EASING OF RESTRICTIONS ON TRAVEL BY UNITED STATES NATIONALS
TO CUBA
SEC. 201. TRAVEL TO CUBA.
(a) In General.--
(1) Freedom of travel for united states nationals and
lawful permanent resident aliens.--
(A) In general.--Subject to subsection (b), the
President shall not regulate or prohibit, directly or
indirectly--
(i) travel to, from, or within Cuba by
nationals of the United States or aliens
lawfully admitted for permanent residence in
the United States; or
(ii) any of the transactions incident to
such travel that are set forth in paragraph
(2).
(B) Supersedes existing law.--Subparagraph (A)
supersedes any other provision of law.
(2) Transactions incident to travel.--
(A) In general.--Except as provided in subparagraph
(B), the transactions referred to in paragraph (1)
are--
(i) any transaction ordinarily incident to
travel to or from Cuba, including the
importation into Cuba or the United States of
accompanied baggage for personal use only;
(ii) any transaction ordinarily incident to
travel or maintenance within Cuba, including
the payment of living expenses and the
acquisition of goods or services for personal
use;
(iii) any transaction ordinarily incident
to the arrangement, promotion, or facilitation
of travel to, from, or within Cuba;
(iv) any transaction incident to
nonscheduled air, sea, or land voyages, except
that this clause does not authorize the
carriage of articles into Cuba or the United
States except accompanied baggage; and
(v) any normal banking transaction incident
to any activity described in any of the
preceding clauses, including the issuance,
clearing, processing, or payment of checks,
drafts, travelers checks, credit or debit card
instruments, or similar instruments.
(B) Exclusion of certain goods for personal
consumption.--The transactions described in
subparagraph (A) do not include the importation into
the United States of goods for personal consumption
acquired in Cuba in excess of the amount established by
the Secretary of the Treasury pursuant to section 321
of the Tariff Act of 1930 (19 U.S.C. 1321) or otherwise
authorized by law.
(b) Exceptions.--The prohibition contained in subsection (a)(1)
does not apply in a case in which--
(1) the United States is at war with Cuba;
(2) armed hostilities between the two countries are in
progress or imminent; or
(3) there is a credible threat to the public health or the
physical safety of nationals of the United States who are
traveling to, from, or within Cuba.
(c) Applicability.--This section applies to actions taken by the
President before the date of enactment of this Act that are in effect
on such date, and to actions taken on or after such date.
(d) Repeals.--There are repealed the following provisions of law:
(1) Section 102(h) of Public Law 104-114 (22 U.S.C.
6032(h)).
(2) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (title IX of H.R. 5426 of the One
Hundred Sixth Congress, as enacted into law by section 1(a) of
Public Law 106-387, and as contained in the appendix of that
Act).
(e) Definitions.--In this section:
(1) Lawfully admitted for permanent residence.--The term
``lawfully admitted for permanent residence'' has the meaning
given the term in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)).
(2) National of the united states.--The term ``national of
the United States'' has the meaning given the term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
TITLE III--SCHOLARSHIPS FOR CERTAIN CUBAN NATIONALS
SEC. 301. SCHOLARSHIPS FOR GRADUATE STUDY.
(a) Authority.--
(1) In general.--The President is authorized to provide
scholarships under section 102 of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2452) for nationals of
Cuba who seek to undertake graduate study in public health,
public policy, economics, law, or other field of social
science. In awarding scholarships under this paragraph, the
President shall give preference to individuals not employed by
the Cuban government or actively participating in the communist
party.
(2) Superseding existing law.--The authority of paragraph
(1) shall be exercised without regard to any other provision of
law.
(b) Allocation of Funds.--Of the amounts authorized to be
appropriated to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.) for fiscal years 2002 through
2006, the following amounts are authorized to be available to carry out
subsection (a):
(1) For fiscal year 2002, $1,400,000 for not to exceed 20
scholarships.
(2) For fiscal year 2003, $1,750,000 for not to exceed 25
scholarships.
(3) For fiscal year 2004, $2,450,000 for not to exceed 35
scholarships.
(4) For fiscal year 2005, $2,450,000 for not to exceed 35
scholarships.
(5) For fiscal year 2006, $2,450,000 for not to exceed 35
scholarships.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. WAIVER AUTHORITY WITH RESPECT TO THE PUBLIC LAW 104-114.
(a) Waiver of Sanctions and Restrictions on Assistance.--
Notwithstanding any other provision of law, the President may waive any
provision of title I or title II of Public Law 104-114 (22 U.S.C. 6021
et seq.) if the President determines that to do so will promote the
peaceful transition to democracy in Cuba.
(b) Waiver of Grounds of Inadmissibility of Certain Aliens.--
Notwithstanding any other provision of law or regulation, the President
may waive provisions of title IV of Public Law 104-114 (22 U.S.C. 6021
et seq.; relating to the inadmissibility of certain aliens) if the
President determines that to do so will further the national economic
interest of the United States.
SEC. 402. PROHIBITION ON LIMITING ANNUAL REMITTANCES.
(a) In General.--Except as provided in subsection (b), the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind all regulations
in effect on the date of enactment of this Act that so limit the amount
of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments) or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 403. IMPORTATION OF DRUGS AND DEVICES.
Any prohibition or restriction in law (including a regulation) on
trade or financial transactions with Cuba shall not apply with respect
to--
(1) a new drug for which an application for investigation
under section 505(i) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 355(i)) has been submitted to the Secretary of
Health and Human Services;
(2) a biological product for which an application for
investigation under section 351(a)(3) of the Public Health
Service Act (42 U.S.C. 262(a)(3)) has been submitted to the
Secretary of Health and Human Services;
(3) a device for which an application for investigation
under section 520(g) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 360j(g)) has been submitted to the Secretary of
Health and Human Services;
(4) a drug that is the subject of an approved application
under section 505 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355);
(5) a biological product that is the subject of an approved
license under section 351 of the Public Health Service Act (42
U.S.C. 262); or
(6) a device that--
(A) is cleared for marketing under section 510(k)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360(k));
(B) is the subject of an approved application for
premarket approval under section 515 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360e); or
(C) is exempted from premarket clearance under
subsection (l) or (m) of section 510 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 360).
SEC. 404. PROHIBITION ON UNILATERAL SANCTIONS ON GOODS OR SERVICES
INTENDED FOR EXCLUSIVE USE OF CHILDREN.
Funds made available under any provision of law may not be used to
administer or enforce any sanction by the United States on exports of
goods or services intended for the exclusive use of children (other
than a sanction imposed pursuant to an agreement with one or more other
countries). | Bridges to the Cuban People Act of 2001 - Exempts from the embargo on trade with Cuba (including prohibitions under the Cuban Democracy Act of 1992 against the unloading at a U.S. port of vessels that previously entered a Cuban port to engage in trade) the export of any agricultural commodity, farm machinery or equipment, medicine, or medical device, or any travel incident to the delivery of such items.Prohibits the President from prohibiting or regulating travel to or from or within Cuba by U.S. nationals or lawful resident aliens, including specified transactions ordinarily incident to such travel, financial or otherwise.Authorizes the President to provide scholarships for Cuban nationals who seek to undertake graduate study in public health, public policy, economics, law, or other field of social science.Authorizes the President to waive certain sanctions against, and restrictions on assistance to, Cuba, including the exclusion from the United States of certain aliens who have confiscated property in Cuba of U.S. nationals or who traffics in such property, if he determines that it will promote the peaceful transition to democracy in Cuba or will further U.S. national economic interests.Prohibits the Secretary of the Treasury from limiting the amount of remittances to Cuba that any U.S. person may make.Exempts from prohibitions or restrictions on trade with Cuba the import of certain drugs, biological products, and medical devices into the United States.Prohibits the use of funds to enforce unilateral sanctions on the export of goods and services intended for the exclusive use of children in Cuba. | {"src": "billsum_train", "title": "A bill to provide the people of Cuba with access to food and medicines from the United States, to ease restrictions on travel to Cuba, to provide scholarships for certain Cuban nationals, and for other purposes."} | 3,232 | 354 | 0.604154 | 1.928185 | 0.785882 | 3.524823 | 9.808511 | 0.879433 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thermal Energy Cooling and Heating
Act of 2009''.
SEC. 2. CREDIT FOR QUALIFIED DISTRIBUTED THERMAL STORAGE PROPERTY
INSTALLED IN A PRINCIPAL RESIDENCE.
(a) In General.--Subsection (a) of section 25D of the Internal
Revenue Code of 1986 is amended by striking ``and'' at the end of
paragraph (4), by striking the period at the end of paragraph (5) and
inserting ``, and'', and by adding at the end the following new
paragraph:
``(6) 30 percent of the qualified distributed thermal
energy storage property expenditures made by the taxpayer
during such year.''.
(b) Qualified Distributed Thermal Energy Storage Property
Expenditure.--Section 25D(d) of such Code is amended by adding at the
end the following new paragraph:
``(6) Qualified distributed thermal energy storage property
expenditure.--The term `qualified distributed thermal energy
storage property expenditure' means an expenditure for
qualified distributed thermal energy storage property (as
defined in section 48(e)) installed on or in connection with a
dwelling unit located in the United States and used as a
principal residence (within the meaning of section 121) by the
taxpayer.''.
(c) Modification of Maximum Credit.--
(1) In general.--Paragraph (1) of section 25D(b) of such
Code is amended by striking ``and'' at the end of subparagraph
(B), by striking the period at the end of subparagraph (C), and
by adding at the end the following new subparagraphs:
``(D) $500 with respect to each half kilowatt of
peak demand reduction (as defined in section 48(e)(3))
by cooling systems which are qualified distributed
thermal energy storage property (as defined in section
48(e)) for which qualified distributed thermal energy
storage property expenditures are made, and
``(E) $150 for each nameplate kilowatt input of
thermal heat storage by heating systems which are
qualified distributed thermal energy storage property
(as defined in section 48(e)) for which qualified
distributed thermal energy storage property
expenditures are made.''.
(2) Conforming amendments.--Paragraph (4) of section 25D(e)
of such Code is amended--
(A) by amending so much of such paragraph as
precedes subparagraph (B) to read as follows:
``(4) Limitations in case of joint occupancy.--In the case
of any dwelling unit which is jointly occupied and used during
any calendar year as a residence by two or more individuals the
following rules shall apply:
``(A) Maximum expenditures.--The maximum amount of
expenditures which may be taken into account under
subsection (a) by all such individuals with respect to
such dwelling unit during such calendar year shall be--
``(i) $1,667 in the case of each half
kilowatt of capacity of qualified fuel cell
property (as defined in section 48(c)(1)) for
which qualified fuel cell property expenditures
are made,
``(ii) $1,667 in case of each half kilowatt
of peak demand reduction (as defined in section
48(e)(3)) by cooling systems which are
qualified distributed thermal energy storage
property (as defined in section 48(e)) for
which qualified distributed thermal energy
storage property expenditures are made, and
``(iii) $333 in the case of each nameplate
kilowatt input of thermal heat storage by
heating systems which are qualified distributed
thermal energy storage property (as defined in
section 48(e)) for which qualified distributed
thermal energy storage property expenditures
are made.'', and
(B) by adding at the end of subparagraph (B) the
following:
``This subparagraph shall be applied separately with
respect to qualified fuel cell property expenditures,
qualified distributed thermal energy storage property
expenditures with respect cooling systems, and
qualified distributed thermal energy storage property
with respect to heating systems.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. BUSINESS CREDIT FOR QUALIFIED DISTRIBUTED THERMAL ENERGY
STORAGE PROPERTY.
(a) In General.--Subparagraph (A) of section 48(a)(3) of the
Internal Revenue Code of 1986 is amended by deleting ``or'' at the end
of clause (vi), by inserting ``or'' at the end of clause (vii), and by
inserting clause (vii) the following new clause:
``(viii) qualified distributed thermal
energy storage property but only with respect
to periods ending before January 1, 2017,''.
(b) 30 Percent Credit.--Clause (i) of section 48(a)(2)(A) of such
Code is amended by striking ``and'' at the end of subclause (III) and
by inserting after subclause (IV) the following new subclause:
``(V) qualified distributed thermal
energy storage property, and''.
(c) Qualified Distributed Thermal Energy Storage Property.--Section
48 of such Code is amended by adding at the end the following new
subsection:
``(e) Qualified Distributed Thermal Energy Storage Property.--For
the purposes of this section:
``(1) In general.--The term `qualified distributed thermal
energy storage property' means a heating or cooling system
which--
``(A) consists of mechanical thermal heat storage
or cooling storage components which are designed to
create, store, and supply off peak or renewable
electric distributed thermal energy or to reduce or
avoid peak electrical demand of conventional mechanical
cooling or heating equipment,
``(B) has a nameplate operational capability to
deliver a minimum of 29,000 Btu per hour of cooling
capacity or a minimum of installed nameplate thermal
heat storage capacity of 85,000 Btu,
``(C) is designed to deliver such cooling capacity
for a minimum continuous period of 3 hours, available
daily from May 1 through September 30, or a minimum of
15,000 Btu per hour of heating capacity for a minimum
continuous period of 3 hours, available daily from
October 1 through April 30, coincident with daytime
peak load periods,
``(D) is designed so as to utilize off-peak or
renewable electricity or reduce peak kilowatt demand by
90 percent for the heating and cooling load served, and
``(E) is certified by the manufacturer as designed
so as not to exceed the energy consumption of
conventional HVAC equipment by more than 10 percent.
``(2) Inclusion of related equipment.--Such term shall
include any secondary components which integrate the
distributed thermal energy storage system described in
paragraph (1) with the conventional heating or cooling system,
including equipment and controls for measuring and reporting
operation and performance, but shall not include any portion of
the conventional heating or cooling system.
``(3) Limitation.--
``(A) In general.--In case of qualified distributed
thermal energy storage property placed in service
during the taxable year, the credit otherwise
determined under this section for such year with
respect to such property shall not exceed an amount
equal to $500 for each 0.5 kilowatt of peak demand
reduction for property placed in service for cooling or
$150 for each nameplate kilowatt input for property
placed in service for heating.
``(B) Peak demand reduction.--For purposes of this
subsection, the term `peak demand reduction' means the
removal or avoidance of electrical demand (kW) on the
utility grid system during the daily time period of
high electrical demand. The peak demand reduction for
air conditioning property shall be determined based on
Energy Efficiency Ratio (EER) standards for residential
and commercial air conditioning equipment, established
under the Energy Policy and Conservation Act of
1975.''.
(d) Effective Date.--The amendments made by this Act shall apply to
taxable years beginning after the date of the enactment of this Act.
SEC. 4. QUALIFIED DISTRIBUTED THERMAL ENERGY STORAGE PROPERTY MADE
ELIGIBLE FOR NEW CLEAN RENEWABLE ENERGY BONDS.
(a) In General.--Paragraph (1) of section 54C(d) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) Qualified renewable energy facility.--The term
`qualified renewable energy facility' means--
``(A) any qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service date), and
``(B) any qualified distributed thermal energy
storage property (as defined in section 48(e)),
owned by a public power provider, a governmental body, or a
cooperative electric company.''.
(b) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Thermal Energy Cooling and Heating Act of 2009 - Amends the Internal Revenue Code to allow: (1) a residential energy efficient property tax credit for 30% of expenditures for distributed thermal energy storage property installed in a principal residence; (2) a 30% energy tax credit for investment in qualified distributed thermal storage property prior to 2017; and (3) financing of qualified distributed thermal energy storage property with new clean renewable energy bonds. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a tax credit for qualified distributed thermal energy storage property, and for other purposes."} | 2,006 | 85 | 0.597406 | 1.388482 | 0.732015 | 2.738095 | 21.357143 | 0.857143 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Milk Price Discovery Improvement Act
of 1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Cheese Exchange, located in Green Bay,
Wisconsin, is the only cash market for bulk cheese in the
United States, trades less than 1 percent of all bulk cheese
sold nationally, and currently functions as the only price
discovery mechanism for bulk cheese throughout the industry;
(2) the National Cheese Exchange opinion price directly
influences milk prices paid to farmers because of its use in
the Department of Agriculture's basic formula price under
Federal milk marketing orders;
(3) opinion prices at the National Cheese Exchange
influence the price for much of the bulk cheese bought and sold
in the United States and directly or indirectly influences the
price of milk paid to producers throughout the United States;
(4) the National Cheese Exchange is a thinly traded,
illiquid, and highly concentrated market that is increasingly
volatile;
(5) a report issued by the University of Wisconsin and
funded by the United States Department of Agriculture concluded
that the National Cheese Exchange is vulnerable to price
manipulation;
(6) the thin nature of the National Cheese Exchange and the
characteristics of that market that may facilitate price
manipulation have led to widespread producer concern about the
validity of prices at the National Cheese Exchange; and
(7) it is in the national interest to ensure that prices on
cash markets that directly and indirectly affect milk prices
are determined in the most competitive manner practicable and
to improve price discovery for milk and other dairy products.
SEC. 3. BASIC FORMULA PRICE.
Section 143(a) of the Agricultural Market Transition Act (7 U.S.C.
7253(a)) is amended by adding at the end the following:
``(5) National cheese exchange.--
``(A) In general.--In carrying out this subsection
and section 8c(5) of the Agricultural Adjustment Act (7
U.S.C. 608c(5)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, the
Secretary shall not, directly or indirectly, use a
price established on the National Cheese Exchange to
determine the basic formula price for milk or any other
milk price regulated by the Secretary.
``(B) Regulations.--Not later than 60 days after
the date of enactment of this paragraph, the Secretary
shall review and amend the applicable regulations
promulgated by the Secretary to ensure that the
regulations comply with subparagraph (A).
``(C) Effect on further revision.--Subparagraph (B)
shall not preclude a further revision to, or
replacement of, the basic formula price under this
subsection or section 8c(5) of the Agricultural
Adjustment Act (7 U.S.C. 608c(5)), reenacted with
amendments by the Agricultural Marketing Agreement Act
of 1937, except that the revision or replacement shall
be consistent with subparagraph (A).''.
SEC. 4. DAIRY PRICE DISCOVERY AND REPORTING SYSTEM.
Section 203 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1622) is amended by adding at the end the following:
``(o) Dairy Price Discovery and Reporting System.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall develop a
price discovery system for raw milk, bulk cheese, and other
dairy products in order to facilitate orderly marketing
conditions.
``(2) Administration.--In carrying out paragraph (1), the
Secretary shall--
``(A) collect and disseminate, on a weekly basis,
statistically reliable information, obtained from all
cheese manufacturing areas in the United States on
prices and terms of trade for spot and forward
contracts, reported separately, transactions involving
bulk cheese, including information on the national
average price and regional average prices for bulk
cheese sold through spot and contract transactions;
``(B) provide technical assistance to any person,
group of persons, or organization seeking to organize a
cash market alternative to the National Cheese Exchange
that the Secretary believes will improve price
discovery; and
``(C) not later than 180 days after the date of
enactment of this subsection--
``(i) in cooperation with the Commodity
Futures Trading Commission, conduct a study and
report to Congress on means of encouraging
improved volume in futures trading for milk,
bulk cheese, and other dairy products; and
``(ii) conduct a study and report to
Congress on the feasibility and desirability of
the creation of an electronic exchange for
cheese and other dairy products.
``(3) Confidentiality.--All information provided to, or
acquired by, the Secretary under paragraph (2)(A) shall be kept
confidential by each officer and employee of the Department of
Agriculture, except that general weekly statements may be
issued that are based on the information and that do not
identify the information provided by any person.''.
SEC. 5. OVERSIGHT OF CASH MARKETS AFFECTING FEDERAL MILK MARKETING
ORDERS.
Section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c),
reenacted with amendments by the Agricultural Marketing Agreement Act
of 1937, is amended by adding at the end the following:
``(20) Oversight of cash markets affecting federal milk
marketing orders.--
``(A) Definition of noncompetitive practice.--In
this paragraph, the term `noncompetitive practice'
means an action or measure that involves engaging in a
course of business or act for the purpose or with the
effect of--
``(i) manipulating or controlling a price
on a cash market that affects the price of milk
regulated under an order issued under this
section;
``(ii) creating a monopoly in the
acquiring, buying, selling, or dealing in a
product; or
``(iii) restraining commerce.
``(B) General rule.--In order to ensure fair trade
practices and orderly marketing conditions for milk and
milk products under this section, the Secretary shall
prohibit noncompetitive practices on a cash exchange
for milk, cheese, and other milk products that the
Secretary finds affects or influences the price of milk
regulated under an order issued under this section.
``(C) Other agencies and states.--This paragraph
shall not affect the authority of the Federal Trade
Commission, Commodity Futures Trading Commission,
Department of Justice, any other Federal agency, or any
State agency to regulate a noncompetitive practice
described in subparagraph (B).
``(D) Enforcement.--The enforcement provisions of
sections 203, 204, and 205 of the Packers and
Stockyards Act, 1921 (7 U.S.C. 193, 194, 195) shall
apply, to the extent practicable (as determined by the
Secretary), to this paragraph.''. | Milk Price Discovery Improvement Act of 1997 - Amends the Agricultural Market Transition Act to prohibit the Secretary of Agriculture from directly or indirectly using a price established on the National Cheese Exchange to determine the basic formula price for milk.
Amends the Agricultural Marketing Act of 1946 to direct the Secretary to develop a dairy price discovery and reporting system, which shall include: (1) collection and dissemination of weekly cheese prices; (2) technical assistance to organize a cash market alternative to the National Cheese Exchange; and (3) studies of improved volume in dairy futures trading and on creation of an electronic dairy exchange.
Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to provide for oversight of cash markets affecting Federal milk marketing orders. | {"src": "billsum_train", "title": "Milk Price Discovery Improvement Act of 1997"} | 1,501 | 163 | 0.635702 | 1.767509 | 0.865787 | 3.933333 | 9.226667 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade and Environment Enforcement
(`Green 301') Act''.
SEC. 2. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT
NEGATIVELY AFFECT THE ENVIRONMENT.
(a) In General.--Chapter 1 of title III of the Trade Act of 1974
(19 U.S.C. 2411 et seq.) is amended by adding at the end the following:
``SEC. 311. IDENTIFICATION OF FOREIGN COUNTRY TRADE PRACTICES THAT
NEGATIVELY AFFECT THE ENVIRONMENT.
``(a) Identification.--
``(1) In general.--The Trade Representative shall identify
those foreign country trade practices that cause negative
environmental impacts on the protection of human, animal, or
plant life or health, or the conservation of exhaustible
natural resources in the United States, the foreign country, a
third country, or internationally.
``(2) Factors.--In identifying foreign country trade
practices under paragraph (1), the Trade Representative shall
take into account all relevant factors, including--
``(A) the strength of the connection between trade
and the negative environmental impact;
``(B) the significance of the negative
environmental impact on the protection of human, animal
or plant life or health, or the conservation of
exhaustible natural resources; and
``(C) the costs and benefits of mitigating the
negative environmental impact through the remedies
described in this section.
``(3) Consultation.--In identifying foreign country trade
practices under paragraph (1), the Trade Representative shall
provide the opportunity for input by and consultation with
interested persons, including private or nongovernmental
organizations working towards environmental protection or
conservation, domestic industrial users of any goods that may
be affected by this section, and appropriate Federal
departments and agencies.
``(b) Report.--
``(1) In general.--Not later than 270 days after the date
of submission of a report under section 181(b) of this Act, the
Trade Representative shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate and publish in the Federal Register a
report on the foreign country trade practices identified under
subsection (a).
``(2) Matters to be included.--The Trade Representative may
include in the report, if appropriate--
``(A) a description of other foreign country trade
practices that may in the future warrant inclusion in
the report as foreign country trade practices that
negatively affect the environment; and
``(B) a statement regarding other foreign country
trade practices that negatively affect the environment
that have not been identified because they are subject
to other provisions of United States trade law,
existing bilateral trade agreements, or trade
negotiations, and progress is being made toward the
mitigation, reduction, or elimination of the negative
environmental impacts of such foreign country trade
practices.
``(c) Petitions.--
``(1) In general.--Any interested person, as described in
subsection (a)(3), may file a petition with the Trade
Representative requesting that action be taken under subsection
(a) and setting forth the allegations in support of the
request.
``(2) Review.--The Trade Representative shall review the
allegations in any petition filed under paragraph (1) and, not
later than 45 days after the date on which the Trade
Representative receives the petition, shall determine whether
to initiate consultations under subsection (d) with respect to
the allegations in the petition.
``(3) Determination not to initiate consultations.--If the
Trade Representative determines not to initiate consultations
under subsection (d) with respect to a petition filed under
paragraph (1), the Trade Representative shall inform the
petitioner of the reasons therefor and shall publish notice of
the determination, together with a summary of such reasons, in
the Federal Register.
``(d) Consultations.--Not later than 3 weeks after the date on
which the report required under subsection (b) is submitted to the
congressional committees specified under subsection (b) or upon
acceptance of a petition described in subsection (c), the Trade
Representative shall request consultations with the government of each
foreign country identified under subsection (a) or in such a petition
regarding the practices with respect to which the foreign country was
so identified.
``(e) Agreements.--
``(1) In general.--As part of the consultations with a
foreign country under subsection (d), the Trade Representative
shall seek to negotiate an agreement between the United States
and the foreign country that provides for the mitigation,
reduction, or elimination of the negative environmental impacts
that are the result of the trade practices with respect to
which the foreign country was identified under subsection (a)
or (c).
``(2) Failure to reach agreement.--If the United States and
a foreign country fail to reach an agreement described in
paragraph (1), the Trade Representative--
``(A) shall take all appropriate and feasible
action authorized under section 301(c) of this Act,
subject to the specific direction, if any, of the
President regarding any such action; and
``(B) shall take all other appropriate and feasible
action within the power of the President that the
President may direct the Trade Representative to take
under this subsection, to obtain the mitigation,
reduction, or elimination of negative environmental
impacts that are the result of the trade practices with
respect to which the foreign country was identified
under subsection (a).
``(f) Foreign Country Trade Practice Defined.--In this section, the
term `foreign country trade practice' or `trade practice'--
``(1) means any act, policy, or practice of a foreign
country relating to trade as well as the sustained or recurring
lack of any act, policy, or practice of a foreign country
relating to trade; but
``(2) does not include any such act, policy, or practice
that reflects a reasonable exercise of prosecutorial discretion
or a reasonable decision regarding the allocation of
environmental enforcement resources.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 310 the
following:
``Sec. 311. Identification of countries that engage in trade practices
that negatively affect the environment.''. | Trade and Environment Enforcement (Green 301) Act - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR) to: (1) identify foreign country trade practices that cause negative impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally; (2) review petitions requesting certain action with respect to such trade practices; and (3) consult with an identified foreign country and seek to negotiate an agreement that mitigates, reduces, or eliminates those negative impacts. | {"src": "billsum_train", "title": "To amend the Trade Act of 1974 to identify foreign country trade practices that negatively affect the environment and to take actions to address such practices."} | 1,362 | 125 | 0.595414 | 1.621089 | 0.64889 | 4.865546 | 10.966387 | 0.915966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Science Laureates of the United
States Act of 2017''.
SEC. 2. FINDINGS AND RECOGNITION.
(a) Findings.--Congress finds the following:
(1) Scientific research and advancement has driven success
in the United States and global success for centuries.
(2) Scientific research has saved, improved, and extended
lives, increased the standard of living, expanded economic
opportunity, and advanced human understanding.
(3) Such research holds the promise of continuing this
progress, protecting the environment, creating jobs, growing
the economy through innovative ideas and discoveries, and
generally advancing all mankind.
(4) People in the United States can benefit when scientific
research is conducted and communicated in a transparent manner
to better inform citizens about the nature and status of such
research.
(5) Scientific education is a critical element of preparing
our Nation and our citizens for a technology-intensive future
and ensuring that the United States remains the world leader in
innovation and high-tech success.
(6) A spokesperson who can embody, demonstrate, and
articulate the importance and excitement of scientific research
and education will help improve the current and future state of
science to the benefit of all people in the United States.
(b) Congressional Recognition.--Congress recognizes that science
contributes to the economic prosperity and general welfare of the
United States, and that increasing the public's awareness about the
sciences will increase such benefits. Congress also recognizes that
scientists who are both accomplished in their fields and who foster the
public's interest in science do a special service to the United States.
SEC. 3. ESTABLISHMENT OF SCIENCE LAUREATES OF THE UNITED STATES.
(a) Position Established.--The National Science Foundation shall
establish the position of Science Laureate of the United States to
honor the service of scientists.
(b) Appointment by National Science Foundation.--The Science
Laureate of the United States shall be appointed by the National
Science Foundation from among individuals nominated under subsection
(c).
(c) Nominations by National Academy of Sciences.--
(1) Agreement.--The National Science Foundation shall seek
to enter into an agreement with the National Academy of
Sciences to perform the services covered by this subsection.
(2) Nomination.--
(A) In general.--Under an agreement between the
National Science Foundation and the National Academy of
Sciences under this subsection, the National Academy of
Sciences shall, not less frequently than once each year
and except as provided in subparagraph (D), nominate
three individuals to serve as the Science Laureate.
(B) Basis.--Nomination under subparagraph (A) shall
be on the basis of merit, particularly the ability of
an individual to--
(i) foster and enhance public awareness and
interest in science; and
(ii) provide ongoing significant scientific
contributions.
(C) Variety of scientific disciplines.--In
nominating individuals under subparagraph (A), the
National Academy of Sciences shall strive to nominate
individuals, in different years, from different
scientific disciplines, including biology, physics,
geosciences, astronomy, mathematics, chemistry, and
other science disciplines.
(D) Exception.--The National Academy of Sciences
shall not make any nominations under this paragraph for
a year if the National Science Foundation notifies the
National Academy of Sciences that such nominations are
unnecessary because the National Science Foundation
intends to extend the term of the current Science
Laureate pursuant to subsection (f).
(d) Duties.--
(1) In general.--Each Science Laureate shall engage the
public, from time to time, to increase the public's awareness
about science.
(2) Continuation of scientific work.--A Science Laureate is
encouraged to continue the Science Laureate's scientific work.
(3) Facilitation of duties.--The National Science
Foundation shall facilitate the duties of a Science Laureate
and the Science Laureate may accept assistance from the
National Academy of Sciences in carrying out such duties.
(e) Limitation.--The Science Laureate position shall not have the
effect of duplicating or superseding the role of the President's
Science Advisor.
(f) Term.--Each Science Laureate shall serve a 1-year term and may
be reappointed by the National Science Foundation for additional terms
as the National Science Foundation considers appropriate.
(g) Compensation; Reimbursement.--
(1) Compensation.--Notwithstanding any other provision of
law, a Science Laureate shall serve without pay and shall not
be considered to be a Federal employee based on such
individual's appointment as a Science Laureate.
(2) Reimbursement for travel.--The National Science
Foundation may provide a Science Laureate with reimbursement
for travel expenses incurred while performing duties as a
Science Laureate, including per diem in lieu of subsistence, in
accordance with applicable provisions in the same manner as
persons employed intermittently in the Government service are
allowed expenses under section 5703 of title 5, United States
Code. | Science Laureates of the United States Act of 2017 This bill directs the National Science Foundation (NSF) to establish the position of Science Laureate of the United States to honor the service of scientists. The NSF shall appoint a Science Laureate from three individuals to be nominated each year by the National Academy of Sciences on the basis of merit, particularly the ability to foster public awareness and interest in science and to provide ongoing significant scientific contributions. Each Science Laureate shall engage the public to increase public awareness about science and is encouraged to continue his or her scientific work. | {"src": "billsum_train", "title": "Science Laureates of the United States Act of 2017"} | 1,096 | 125 | 0.54257 | 1.337386 | 0.645902 | 4.090909 | 9 | 0.909091 |
SECTION 1. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS' DISABILITY COMPENSATION TO
INCLUDE ALL CHAPTER 61 DISABILITY RETIREES REGARDLESS OF
DISABILITY RATING PERCENTAGE.
(a) Phased Expansion Concurrent Receipt.--Subsection (a) of section
1414 of title 10, United States Code, is amended to read as follows:
``(a) Payment of Both Retired Pay and Disability Compensation.--
``(1) Payment of both required.--
``(A) In general.--Subject to subsection (b), a
member or former member of the uniformed services who
is entitled for any month to retired pay and who is
also entitled for that month to veterans' disability
compensation for a qualifying service-connected
disability (in this section referred to as a `qualified
retiree') is entitled to be paid both the retired pay
and the veterans' disability compensation for that
month without regard to sections 5304 and 5305 of title
38.
``(B) Applicability of full concurrent receipt
phase-in requirement.--During the period beginning on
January 1, 2004, and ending on December 31, 2013,
payment of retired pay to a qualified retiree is
subject to subsection (c).
``(C) Phase-in exception for 100 percent disabled
retirees.--The payment of retired pay is subject to
subsection (c) only during the period beginning on
January 1, 2004, and ending on December 31, 2004, in
the case of the following qualified retirees:
``(i) A qualified retiree receiving
veterans' disability compensation for a
disability rated as 100 percent.
``(ii) A qualified retiree receiving
veterans' disability compensation at the rate
payable for a 100 percent disability by reason
of a determination of individual
unemployability.
``(D) Phase-in exception for certain chapter 61
disability retirees.--Subject to subsection (b), on and
after January 1, 2011, subsection (c) shall not apply
to a qualified retiree who has a qualifying service-
connected disability described in subparagraph (B) or
(C) of paragraph (2).
``(2) Qualifying service-connected disability defined.--In
this section, the term `qualifying service-connected
disability', with respect to a qualified retiree, means the
following:
``(A) In the case of a qualified retiree receiving
retired pay under any provision of law other than
chapter 61 of this title, or under chapter 61 with 20
years or more of service otherwise creditable under
section 1405 or computed under section 12732 of this
title, a service-connected disability or combination of
service-connected disabilities that is rated as
disabling by the Secretary of Veterans Affairs.
``(B) In the case of a qualified retiree receiving
retired pay under chapter 61 of this title with less
than 20 years of service otherwise creditable under
section 1405 or computed under section 12732 of this
title, a service-connected disability or combination of
service-connected disabilities that is rated by the
Secretary of Veterans Affairs at the disabling level
specified in one of the following clauses (and is
effective on or after the date specified in the
applicable clause):
``(i) January 1, 2011, rated 100 percent,
or a rate payable at 100 percent by reason of
individual unemployability or rated 90 percent.
``(ii) January 1, 2012, rated 80 percent or
70 percent.
``(iii) January 1, 2013, rated 60 percent
or 50 percent.
``(C) In the case of a qualified retiree receiving
retired pay under chapter 61 regardless of years of
service, a service-connected disability or combination
of service-connected disabilities that is rated by the
Secretary of Veterans Affairs at the disabling level
specified in one of the following clauses (and is
effective on or after the date specified in the
applicable clause):
``(i) January 1, 2014, rated 40 percent or
30 percent.
``(ii) January 1, 2015, any rating.''.
(b) Conforming Amendment to Special Rules for Chapter 61 Disability
Retirees.--Subsection (b) of such section is amended to read as
follows:
``(b) Special Rules for Chapter 61 Disability Retirees..--
``(1) Career retirees.--The retired pay of a member retired
under chapter 61 of this title with 20 years or more of service
otherwise creditable under section 1405 of this title, or at
least 20 years of service computed under section 12732 of this
title, at the time of the member's retirement, is subject to
reduction under sections 5304 and 5305 of title 38, but only to
the extent that the amount of the member's retired pay under
chapter 61 of this title exceeds the amount of retired pay to
which the member would have been entitled under any other
provision of law based upon the member's service in the
uniformed services if the member had not been retired under
chapter 61 of this title.
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a member retired under chapter 61
of this title with fewer than 20 years of creditable service
otherwise creditable under section 1405 or computed under
section 12732 of this title, at the time of the member's
retirement, is subject to reduction under sections 5304 and
5305 of title 38, but only to the extent that the amount of the
member's retired pay under chapter 61 of this title exceeds the
amount equal to 2\1/2\ percent of the member's years of
creditable service multiplied by the member's retired pay base
under section 1406(b)(1) or 1407 of this title, whichever is
applicable to the member.''.
(c) Full Concurrent Receipt Phase-In.--Subsection (c) of such
section is amended--
(1) by striking ``the second sentence of'' in the matter
preceding paragraph (1); and
(2) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) For a month for which the retiree receives
veterans' disability compensation for a disability
rated as 40 percent or less or has a service-connected
disability rated as zero percent, $0.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1414. Concurrent receipt of retired pay and veterans' disability
compensation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item related to section 1414 and inserting the following
new item:
``1414. Concurrent receipt of retired pay and veterans' disability
compensation.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
(f) Funding Offset.--The Chairman of the Committee on the Budget of
the House of Representatives shall provide the necessary adjustments in
allocations, aggregates, and other appropriate levels in the concurrent
resolution on the budget for fiscal year 2011 to implement this section
and the amendments made by this section. | Extends through 2013 eligibility for the concurrent receipt of military retired pay and veterans' disability compensation for veterans who were retired or separated due to physical disability, regardless of their disability rating or years of service. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to expand the eligibility for concurrent receipt of military retired pay and veterans' disability compensation to include all members of the uniformed services who are retired under chapter 61 of such title for disability, regardless of the members' disability rating percentage."} | 1,617 | 43 | 0.585774 | 1.323321 | 0.570792 | 2.410256 | 37.692308 | 0.820513 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Tax Equity Act of 2016''.
SEC. 2. FINDINGS AND DECLARATIONS OF POLICY.
(a) Findings.--Congress makes the following findings:
(1) The United States largely relies on a direct tax
system, whereas 164 countries currently employ one particular
form of indirect tax known as value-added taxes (VAT) as well
as direct taxes. The worldwide VAT average in 2015 was 15
percent, and in countries of the European Union it was 21
percent.
(2) Under the rules of the World Trade Organization (WTO),
direct taxes, such as corporate income taxes, if rebated or
refunded upon the export of goods, are viewed as export
subsidies and prohibited on most goods and are at least
potentially actionable on all goods. However, indirect taxes,
such as sales taxes and VAT, may be rebated or refunded upon
the export of goods and such rebate or refund is not defined as
constituting a subsidy and hence is not actionable under WTO
rules.
(3) At present, there are no WTO rules on subsidies as
applied to trade in services. However, a number of countries
currently impose taxes on the import of services and exempt or
rebate or refund taxes upon the export of services, to the
disadvantage of United States service providers.
(4) The disparate treatment of border taxes detrimentally
affects United States agricultural producers, manufacturers,
and service providers in that--
(A) refunds of indirect taxes effectively act as
export subsidies to foreign exporters; and
(B) United States exporters are subject to double
taxation, by paying direct taxes on domestic production
in the United States and having their exported product
or service face a border tax in the importing country
consisting of indirect taxes.
(5) As one example, governments of member states of the
European Union, with an average VAT of 21 percent in 2015 and
total exports to the United States of $427.5 billion, paid
their producers an estimated $91.9 billion of VAT rebates on
goods exported to the United States in 2015. These governments
collected from United States producers an estimated $28.7
billion of VAT-equivalent taxes on their imported goods. For
services, these governments paid their producers an estimated
$47.6 billion of VAT-equivalent taxes on services exported to
the United States and collected from United States producers an
estimated $36.3 billion of VAT-equivalent taxes on services
imported from the United States. The combined goods and
services disadvantage in 2015 was $204 billion.
(6) For more than 45 years, United States businesses have
complained of border tax inequity and, since 1968, prior United
States administrations and Congresses have sought to resolve
it.
(7) Congress has repeatedly recognized the prejudicial
effect of the disparate treatment of border taxes with respect
to goods and has directed the United States to seek a
negotiated solution:
(A) In passing the Trade Act of 1974 (19 U.S.C.
2101 et seq.), Congress sought ``revision of GATT
articles with respect to the treatment of border
adjustments for international taxes to redress the
disadvantage to countries relying primarily on direct
rather than indirect taxes for revenue needs.''.
(B) In section 1101(b)(16) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 2901(b)(16)),
section 2102(b)(15) of Bipartisan Trade Promotion
Authority Act of 2002 (19 U.S.C. 3802(b)(15)), and
section 102(b)(18) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4201(b)(18)) Congress declared that a principal
trade negotiating objective of the United States is to
obtain a revision of WTO rules with respect to the
treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily
on direct taxes for revenue rather than indirect taxes.
(8) The disparate treatment of border taxes is arbitrary,
inequitable, causes economic distortions based only on the type
of tax system used by a country, and is a primary obstacle to
more balanced trade relations between the United States and its
major trading partners.
(b) Declarations of Policy.--Congress declares the following:
(1) It is critically necessary that the issue of border
taxes be addressed and resolved during current and future WTO
negotiations.
(2) If such WTO negotiations fail to achieve the United
States trade negotiating objective of revising rules with
respect to the treatment of border taxes in order to redress
the disadvantage to countries relying primarily on direct taxes
for revenue rather than indirect taxes, then effective action
through legislation is warranted given the massive and
inequitable distortions to trade that United States
agricultural producers, manufacturers, and service providers
face as a result of border taxes.
SEC. 3. REPORTS ON RESULTS OF WTO NEGOTIATIONS TO REVISE WTO RULES
REGARDING BORDER TAXES AND FREE TRADE AGREEMENTS
REGARDING BORDER TAXES.
(a) Report on Results of WTO Negotiations To Revise WTO Rules
Regarding Border Taxes.--
(1) Report required.--Not later than 60 days after the
completion of WTO negotiations, or by January 1, 2018,
whichever occurs first, the United States Trade Representative
shall submit to Congress a report certifying whether or not
each of the United States trade negotiating objectives
regarding border tax treatment, as specified in paragraph (2),
has been met as a result of such negotiations.
(2) U.S. trade negotiating objectives regarding border tax
treatment specified.--The United States trade negotiating
objectives regarding border tax treatment specified in this
paragraph are the following:
(A) With respect to trade in goods, the revision of
WTO rules with respect to the treatment of border
adjustments for internal taxes to redress the
disadvantage to countries relying primarily on direct
taxes for revenue rather than indirect taxes, as
provided for in section 102(b)(18) of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015 (19 U.S.C. 4201(b)(18)).
(B) With respect to trade in services--
(i) the elimination of the disadvantage in
trade in services that exists for countries
relying primarily on direct taxes that are not
adjusted at the border rather than indirect
taxes that are adjusted at the border; and
(ii) the revision of WTO rules regarding
trade in services to ensure that such rules do
not result in disparate treatment of border
adjustments for internal taxes based on the
direct or indirect nature of such taxes.
(3) Definition.--In this subsection, the terms ``WTO
negotiations'' and ``negotiations'' mean any World Trade
Organization negotiations that may result in revisions to WTO
rules to meet the United States trade negotiating objectives
regarding border tax treatment, as specified in paragraph (2).
(b) Report on Free Trade Agreements Regarding Border Taxes.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the United States Trade
Representative shall submit to Congress a report certifying
whether or not each covered country that is a party to a
multilateral, bilateral, and regional trade agreement that has
entered into force on or before such date of enactment with
respect to the United States and such covered country is taking
or has taken the actions regarding border tax treatment, as
specified in paragraph (2).
(2) Actions regarding border tax treatment specified.--The
actions regarding border tax treatment specified in this
paragraph are the following:
(A) With respect to trade in goods, the revision of
laws of the covered country with respect to the
treatment of border adjustments for internal taxes to
redress the disadvantage to countries relying primarily
on direct taxes for revenue rather than indirect taxes.
(B) With respect to trade in services--
(i) the elimination of the disadvantage in
trade in services that exists for countries
relying primarily on direct taxes that are not
adjusted at the border rather than indirect
taxes that are adjusted at the border; and
(ii) the revision of laws of the covered
country regarding trade in services to ensure
that such laws do not result in disparate
treatment of border adjustments for internal
taxes based on the direct or indirect nature of
such taxes.
(3) Definition.--In this subsection, the term ``covered
country'' means a country that relies primarily on indirect
taxes that are adjusted at the border rather than direct taxes
that are not adjusted at the border.
SEC. 4. TAX ON IMPORTS FROM FOREIGN COUNTRIES WITH AN INDIRECT TAX
SYSTEM.
(a) In General.--Subtitle D of chapter 36 of the Internal Revenue
Code (26 U.S.C. 4461 et seq.) is amended by adding at the end the
following new subchapter:
``Subchapter E--Tax on Imports From Foreign Countries With An Indirect
Tax System
``Sec. 4491. Imposition of tax.
``SEC. 4491. IMPOSITION OF TAX.
``(a) General Rule.--There is hereby imposed a tax on imports of
goods and services from any foreign country that employs an indirect
tax system and grants rebates of indirect taxes paid on goods or
services exported from that country.
``(b) Amount of Tax.--The amount of the tax imposed by subsection
(a) on an imported good or service shall be an amount equal to the
excess of--
``(1) the indirect taxes that are rebated or not paid on
the good or service upon its export, over
``(2) any indirect taxes imposed on the good or service at
the border of the United States.
``(c) Liability and Time of Imposition of Tax.--
``(1) Liability.--The tax imposed by subsection (a) on a
good or service shall be paid by the importer of such good or
service.
``(2) Time of imposition.--The tax imposed by subsection
(a) shall be imposed on imports at the time of entry.
``(d) Period of Applicability.--The tax imposed by subsection (a)
shall apply during the period beginning as prescribed in section 6(1)
of the Border Tax Equity Act of 2016 and ending on the date on which
the United States Trade Representative certifies to Congress that the
United States trade negotiating objectives of equitable border tax
treatment have been met.
``(e) Special Account.--The tax on imports under subsection (a)
shall be collected by U.S. Customs and Border Protection and deposited
into a special account. This special account shall be the source of
payments to qualified United States exporters under section 314 of the
Tariff Act of 1930.
``(f) Definitions.--For purposes of this subchapter--
``(1) Importer.--The term `importer' means--
``(A) as such term relates to imports of goods, one
of the parties eligible to file the required customs
entry documentation or information pursuant to section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)), and
``(B) as such term relates to imports of services,
the importer of the service as defined by the Secretary
in rules and regulations promulgated under this
subchapter.
``(2) Time of entry.--The term `time of entry' means--
``(A) as relates to imports of goods, the time
generally specified in section 484(a)(2)(A) of the
Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and
prescribed in regulations (19 C.F.R. 141.68), and
``(B) as relates to imports of services, the time
specified by the Secretary in rules and regulations
promulgated under this subchapter.
``(3) Indirect tax system and grants rebates of indirect
taxes.--A foreign country employs an indirect tax system and
grants rebates of indirect taxes paid on goods or services
exported from that country if such country imposes indirect
taxes (including sales taxes and value-added taxes (VAT)) on
goods or services, and permits a rebate of such indirect taxes
paid on goods or services exported from such country.
``(4) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).
``(g) Regulations.--The Secretary may prescribe such rules and
regulations as are necessary to carry out this section.''.
(b) Clerical Amendment.--The table of subchapters for subtitle D of
chapter 36 of such Code is amended by adding at the end of the
following new item:
``subchapter e. tax on imports from foreign countries with an indirect
tax system''.
SEC. 5. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
Part II of title III of the Tariff Act of 1930 (19 U.S.C. 1305 et
seq.) is amended by inserting after section 313 the following:
``SEC. 314. PAYMENTS TO UNITED STATES EXPORTERS TO NEUTRALIZE
DISCRIMINATORY EFFECT OF BORDER TAXES IMPOSED BY
IMPORTING COUNTRIES.
``(a) Payments Required.--
``(1) In general.--Upon exportation of goods or services
from the United States to any foreign country that employs an
indirect tax system and imposes or applies indirect taxes on
imports of goods or services at the border, the Secretary of
the Treasury, acting through the Commissioner of U.S. Customs
and Border Protection, shall, if requested by the exporter, pay
to the exporter an amount equal to the amount of indirect taxes
that the importing foreign country imposes or applies at the
border to such goods or services, minus any United States taxes
paid on such goods or services that have been rebated or funded
upon exportation.
``(2) Information to be included in request.--An exporter
who requests a payment under paragraph (1) shall, in such
request, identify the indirect taxes imposed by the importing
foreign country and present proof of the payment of such taxes
to the importing foreign country's authorities within a
reasonable period of time after exportation of the goods or
services.
``(b) Special Account.--The payments required under subsection (a)
shall be paid from amounts contained in the special account authorized
under section 4491(e) of the Internal Revenue Code of 1986.
``(c) Period of Applicability.--The requirement to make payments
under subsection (a) shall apply during the period beginning as
prescribed in section 6(2) of the Border Tax Equity Act of 2016 and
ending on the date on which the United States Trade Representative
certifies to Congress that each of the United States trade negotiating
objectives regarding border tax treatment have been met.
``(d) Regulations.--The Secretary of the Treasury is authorized to
prescribe such rules and regulations as are necessary to carry out the
provisions of this section.
``(e) Definitions.--In this section:
``(1) Indirect tax system and imposes or applies indirect
taxes on imports of goods or services at the border.--A foreign
country employs an indirect tax system and imposes or applies
indirect taxes on imports of goods or services at the border if
such country imposes indirect taxes (including sales tax and
value-added taxes (VAT)) on goods or services, and imposes or
applies such indirect taxes on imports of goods or services at
the border.
``(2) Value-added taxes (vat).--The term `value-added
taxes' means an indirect general consumption tax that is levied
by the exporting country on the value added to goods and
services in that country at multiple stages of the production
and supply chain. This type of tax is also referred to as a
goods and services tax (GST).''.
SEC. 6. EFFECTIVE DATES.
If, pursuant to subsection (a)(1) of section 3 of this Act, the
United States Trade Representative fails to certify to Congress by the
date specified in such subsection that each of the United States trade
negotiating objectives regarding border tax treatment described in
section (a)(2) of such section has been met as a result of WTO
negotiations, then--
(1) section 4491 of the Internal Revenue Code of 1986, as
added by section 4 of this Act, shall take effect 90 days after
such date; and
(2) section 314 of the Tariff Act of 1930, as added by
section 5 of this Act, shall take effect 120 days after such
date. | Border Tax Equity Act of 2016 This bill amends the Internal Revenue Code to impose a tax on imports from any foreign country that: (1) employs an indirect tax system, and (2) grants rebates of indirect taxes paid on exports from that country. This tax shall be collected by the U.S. Customs and Border Protection (CBP) and deposited into a special account. The bill also amends the Tariff Act of 1930 to require the CBP, upon request of a U.S. exporter, to pay to the exporter from this special account an amount equal to the amount of indirect taxes imposed by the importing foreign country, minus any U.S. taxes rebated or funded upon exportation. The Office of the U.S. Trade Representative must report on specified matters related to World Trade Organization negotiations, border taxes, and free-trade agreements. | {"src": "billsum_train", "title": "Border Tax Equity Act of 2016"} | 3,802 | 202 | 0.509986 | 1.478714 | 0.740613 | 3.267974 | 21.928105 | 0.915033 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Matthew Boisvert
Help Extend Respect Owed to Every Soldier (HEROES) Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INITIAL CARE
Sec. 101. Access of veterans service organizations and military service
organizations to veterans at military and
veterans hospitals.
Sec. 102. Authority to provide civilian clothing to members traveling
in connection with medical evacuation.
TITLE II--HEALTH CARE
Sec. 201. Minimum standards for postdeployment medical examinations.
Sec. 202. Requirement for vouchers for psychiatric services not offered
in Department of Veterans Affairs clinics.
Sec. 203. Health registry for veterans of Operation Iraqi Freedom and
Operation Enduring Freedom.
Sec. 204. Rescission of Department of Veterans Affairs memorandum.
TITLE III--TRANSITION ASSISTANCE
Sec. 301. Disabled Servicemembers Support System.
Sec. 302. Reauthorization of Service Members Occupational Conversion
and Training Act.
Sec. 303. Sense of Congress on DoD/VA information sharing.
TITLE IV--HOMEOWNERSHIP
Sec. 401. Mortgage assistance.
TITLE V--EDUCATION
Sec. 501. Repeal of $1,200 reduction in basic pay required for
participation by members of the Armed
Forces in the Montgomery GI Bill
educational assistance program.
TITLE I--INITIAL CARE
SEC. 101. ACCESS OF VETERANS SERVICE ORGANIZATIONS AND MILITARY SERVICE
ORGANIZATIONS TO VETERANS AT MILITARY AND VETERANS
HOSPITALS.
(a) Access to VA Facilities.--The Secretary of Veterans Affairs
shall allow access by representatives of military and veterans' service
organizations and by representatives of veterans' services agencies of
States to veterans being furnished hospital care and medical services
by the Secretary in order to provide information and counseling to
those veterans on the care and services authorized to be provided under
laws administered by the Secretary. Access to veterans under this
subsection shall be provided at each facility of the Department at
which the Secretary furnishes care and services to veterans and at each
non-Department facility at which the Secretary furnishes such care and
services.
(b) Access to DOD Facilities.--The Secretary of Defense shall allow
access by representatives of military and veterans' service
organizations and by representatives of veterans' services agencies of
States to members of the Armed Forces being furnished hospital care and
medical services by the Secretary in order to provide information and
counseling to those veterans on the care and services authorized to be
provided under laws administered by the Secretary of Defense and under
laws administered by the Secretary of Veterans Affairs. Access to
servicemembers under this subsection shall be provided at each military
treatment facility at each other facility at which the Secretary
furnishes such care and services.
(c) Consent Required.-- Access to a veteran under this section is
subject to the consent of the veteran.
SEC. 102. AUTHORITY TO PROVIDE CIVILIAN CLOTHING TO MEMBERS TRAVELING
IN CONNECTION WITH MEDICAL EVACUATION.
Section 1047 of title 10, United States Code, is amended--
(1) by inserting ``(b) Certain Enlisted Members.--'' before
``The Secretary''; and
(2) by inserting after the section heading the following:
``(a) Members Traveling in Connection With Medical Evacuation.--The
Secretary of the military department concerned may furnish civilian
clothing and personal care products to a member at a cost not to exceed
$250, or reimburse a member for the purchase of civilian clothing in an
amount not to exceed $250, in the case of a member who--
``(1) is medically evacuated for treatment in a medical
facility by reason of an illness or injury incurred or
aggravated while on active duty; or
``(2) after being medically evacuated as described in
paragraph (1), is in an authorized travel status from a medical
facility to another location approved by the Secretary.''.
TITLE II--HEALTH CARE
SEC. 201. MINIMUM STANDARDS FOR POSTDEPLOYMENT MEDICAL EXAMINATIONS.
(a) Quality Assurance.--The Secretary of Defense, acting through
the Assistant Secretary of Defense for Health Affairs, shall establish
an effective quality assurance program that will help ensure that the
Armed Forces comply with the requirements of section 1074f(d) of title
10, United States Code.
(b) Uniform Applicability.--The Secretary shall ensure that the
content and standards prescribed for predeployment and postdeployment
medical examinations are applied uniformly at all installations and
medical facilities of the Armed Forces where medical examinations
required under this section are performed for members of the Armed
Forces returning from a deployment as part of Operation Iraqi Freedom
or Operation Enduring Freedom.
(c) Inclusion of Screening for Mental Health Disorders.--Any such
postdeployment examination shall include content and standards for
screening for mental health disorders. In the case of acute post-
traumatic stress disorder and delayed onset post-traumatic stress
disorder, such examination shall specifically include a personal
evaluation to identify stressors experienced by servicemembers that
have the potential to lead to post-traumatic stress disorders. An
examination consisting solely or primarily of an assessment
questionnaire completed by a member does not meet the requirements of
this subsection for a medical examination and does not meet the
requirements of this section for an assessment. An examination of a
member required under this section may not be waived by the Secretary
(or any official exercising the Secretary's authority under this
section) or by the member.
SEC. 202. REQUIREMENT FOR VOUCHERS FOR PSYCHIATRIC SERVICES NOT OFFERED
IN DEPARTMENT OF VETERANS AFFAIRS CLINICS.
The Secretary of Veterans Affairs shall provide vouchers to
veterans entitled to psychiatric and mental health services at medical
facilities of the Department of Veterans Affairs for use at non-
Department facilities in the case of eligible veterans who reside more
than 50 miles from the nearest such facility of the Department.
SEC. 203. HEALTH REGISTRY FOR VETERANS OF OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM.
(a) Establishment.--The Secretary of Veterans Affairs shall
establish and maintain a special record containing health status
information concerning individuals who as members of the Armed Forces
served during Operation Iraqi Freedom or Operation Enduring Freedom.
The registry shall be used to record demographic information on those
individuals and their mental and physical health history, including
signs of post-traumatic stress disorder.
(b) Claims for Compensation.--The Secretary shall include in the
information maintained in the record under subsection (a) information
on claims for veterans' disability compensation due to ill health.
(c) Compatibility With DOD Registry.--The Secretary shall ensure
that the information in the record under this section be collected and
maintained so as to enable easy cross-reference with a registry for the
Department of Defense established under this Act.
(d) Notification of Research Developments.--The Secretary shall
notify individuals in the Registry from time to time on significant
developments in research on the health consequences of military service
during the operations specified in subsection (a).
SEC. 204. RESCISSION OF DEPARTMENT OF VETERANS AFFAIRS MEMORANDUM.
(a) Rescission of Memorandum.--The memorandum of the Department of
Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary
for Health for Operations and Management with the subject ``Status of
VHA Enrollment and Associated Issues'' is hereby rescinded. Marketing
activities of Directors of health service networks (known as ``Veterans
Integrated Service Networks'') of the Department of Veterans Affairs to
enroll new veterans within their respective networks shall be carried
out without regard to such memorandum.
(b) Funding Limitation.--No funds available to the Department of
Veterans Affairs may be used to carry out the memorandum referred to in
subsection (a) or otherwise to implement the policy contained in that
memorandum.
TITLE III--TRANSITION ASSISTANCE
SEC. 301. DISABLED SERVICEMEMBERS SUPPORT SYSTEM.
(a) DSSS Program.--The Secretary of each military department shall
carry out a program to provide a support system for members of the
Armed Forces who incur severe disabilities on or after September 11,
2001. The program shall include a system of advocacy and follow-up with
personal support to assist those members as they transition from
military service to the civilian community.
(b) Service Executive Agent.--The Secretary of each military
department shall designate an executive agent for each of the Armed
Forces under that Secretary's jurisdiction to have the authority and
responsibility to carry out the program under this section throughout
that Armed Force and, in cooperation with the Secretary of Homeland
Security, for members of the Coast Guard with severe disabilities.
(c) Personnel.--The Secretary shall ensure that there are
sufficient personnel assigned to the program so that the the ratio of
severely disabled members or former members eligible for the program at
any time to the number of personnel assigned to the program with
specific responsibility for advocacy and follow-up for assigned members
and former members is not greater than 30:1.
(d) Authorization.--There are authorized to be appropriated for
fiscal years 2005 through 2009 such sums as may be necessary to carry
out the programs under this section.
SEC. 302. REAUTHORIZATION OF SERVICE MEMBERS OCCUPATIONAL CONVERSION
AND TRAINING ACT.
(a) Employment Training Assistance.--The Secretary of Defense shall
carry out a program to assist eligible persons in obtaining employment
through participation in programs of significant training for
employment in stable and permanent positions. The program shall be
carried out through payments to employers who employ and train eligible
persons in such positions, to defray the costs of necessary training.
(b) Agreements With State Agencies.--The Secretary (or other
implementing official) may enter into contracts or agreements with
State approving agencies (as designated pursuant to section 3671 of
title 38, United States Code) or other State agencies to carry out
duties under the program. The Secretary (or other implementing
official) shall require each such State approving agency or other State
agency to submit to the Secretary (or other official) a monthly
certification of charges submitted for expenses under the program.
(c) Eligible Persons.--For purposes of the program under this
section, a person is an eligible person if the person is an eligible
person under the Service Members Occupational Conversion and Training
Act of 1992 (10 U.S.C. 1143 note) or if the person, while a member of
the Armed Forces on active duty, served in Operation Enduring Freedom
or Operation Iraqi Freedom.
(d) Incorporation of Provisions of 1992 Act.--In carrying out the
program under this section, the Secretary shall, to the maximum extent
practicable, incorporate the provisions of the Service Members
Occupational Conversion and Training Act of 1992 (10 U.S.C. 1143 note).
SEC. 303. SENSE OF CONGRESS ON DOD/VA INFORMATION SHARING.
It is the sense of Congress that the Secretary of Defense and the
Secretary of Veterans Affairs--
(1) should jointly identify ways to improve the
coordination and cooperation between the two departments to
support the provision of veterans' benefits to members and
former members of the Armed Forces who have been deployed as
described in section 1074f(a) of title 10, United States Code,
as well as to other members and former members of the Armed
Forces; and
(2) in particular, should specifically address
compatibility of health care filing systems, consistency of
claims forms, consistency of medical examinations, and shared
electronic databases with appropriate privacy protections.
TITLE IV--HOMEOWNERSHIP
SEC. 401. MORTGAGE ASSISTANCE.
(a) In General.--Section 230 of the National Housing Act (12 U.S.C.
1715u) is amended by adding at the end the following new subsection:
``(g)(1) The Secretary shall provide assistance and supplemental
assistance under this subsection with respect to mortgages of members
of the Armed Forces who are seriously injured during service in the
Armed Forces, for the purpose of avoiding foreclosure on the mortgages.
``(2) An individual shall be eligible for assistance under this
subsection only if--
``(A) the individual has been seriously injured while on
active duty in the Armed Forces; and
``(B) the income of the individual is materially reduced
(in the determination of the Secretary) because of such injury.
``(3) A mortgage shall be eligible for assistance under this
subsection only if--
``(A) the mortgagor is an eligible member of the Armed
Forces; and
``(B) the dwelling that secures the loan subject to the
mortgage is the primary residence of the eligible member of the
Armed Forces.
``(4)(A) Subject only to the availability of amounts provided under
appropriations Acts, the Secretary shall provide assistance under this
subsection in the form of monthly payments made by the Secretary to the
mortgagee of an eligible mortgage on behalf of any eligible member of
the Armed Forces.
``(B) Assistance payments under this paragraph shall be made for
the 2-year period beginning upon the serious injury of the eligible
member of the Armed Forces.
``(C) Assistance payments under this paragraph shall be in the
amount determined by the Secretary to be necessary to pay any monthly
charges during such period for principal, interest, taxes, assessments,
ground rents, hazard insurance, and mortgage insurance premiums (unless
otherwise provided under section 222(c)), and may include an amount
necessary to make the payments on the mortgage current.
``(5)(A) Subject only to the availability of amounts provided under
appropriations Acts, the Secretary shall provide supplemental
assistance under this subsection in the form of monthly supplemental
payments made by the Secretary to the mortgagee of an eligible mortgage
on behalf of any eligible member of the Armed Forces.
``(B) Supplemental assistance payments under this paragraph shall
be made for the period beginning upon the expiration of the 2-year
period under paragraph (4)(B) and ending upon payment in full of the
obligation under the eligible mortgage.
``(C) Supplemental assistance payments under this paragraph shall
be made in the amount equal to the difference between--
``(i) the amount determined by the Secretary to be
necessary to pay any monthly charges for principal, interest,
taxes, assessments, ground rents, hazard insurance, and
mortgage insurance premiums (unless otherwise provided under
section 222(c)); and
``(ii) 30 percent of the monthly income of the household of
the mortgagor.
``(D) Supplemental assistance payments under this paragraph may
include an amount necessary to make the payments on the mortgage
current.
``(6) The Secretary may prescribe additional requirements to carry
out this subsection.
``(7) For purposes of this subsection:
``(A) The term `active duty' means full-time duty in the
active military service of the United States. The term includes
full-time training duty, annual training duty, and attendance,
while in the active military service, at a school designated as
a service school by law or by the Secretary of the military
department concerned.
``(B) The term `Armed Forces' means the Army, Navy, Air
Force, Marine Corps, and Coast Guard, and includes members of
the National Oceanic and Atmospheric Administration and the
Public Health Service when assigned to and serving with the
Armed Forces.
``(C) The term `eligible member of the Armed Forces' means
an individual who meets the requirements under paragraph (2).
``(D) The term `eligible mortgage' means a mortgage that
meets the requirements under paragraph (3). The term `mortgage'
means all first mortgages and includes mortgages not insured
under this title.
``(E) The term `income' means income from all sources and
members of the household, including any benefits and annuities,
as determined in accordance with criteria prescribed by the
Secretary.
``(8) There are authorized to be appropriated such sums as may be
necessary to carry out this subsection.''.
(b) Effective Date.--Assistance may be provided under the
amendments made by subsection (a) only with respect to eligible members
of the Armed Forces seriously injured on or after September 11, 2001.
TITLE V--EDUCATION
SEC. 501. REPEAL OF $1,200 REDUCTION IN BASIC PAY REQUIRED FOR
PARTICIPATION BY MEMBERS OF THE ARMED FORCES IN THE
MONTGOMERY GI BILL EDUCATIONAL ASSISTANCE PROGRAM.
Any reduction in the basic pay of an individual referred to in
section 3011(b) of title 38, United States Code, by reason of such
section 3011(b), or of any individual referred to in section 3012(c) of
such title by reason of such section 3012(c), as of the date of the
enactment of this Act shall cease, commencing with the first month
beginning after such date, and any obligation of such individual under
such section 3011(b) or 3012(c), as the case may be, as of the day
before such date shall be considered to be fully satisfied as of such
date. | Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act - Directs the Secretary of Veterans Affairs and the Secretary of Defense to allow certain military and veterans' service organizations access to veterans being furnished hospital care and medical services, subject to the consent of such veterans, for the purpose of providing information and counseling to such veterans.
Authorizes payment or reimbursement up to $250 for civilian clothing and personal care products for members of the Armed Forces (members) who are evacuated for medical treatment.
Requires the Secretary of Defense to establish minimum uniform standards for postdeployment medical examinations. Requires that such examinations include screening for mental health disorders.
Requires the Secretary of Veterans Affairs to: (1) provide veterans who live more than 50 miles from a Department of Veterans Affairs (DVA) medical facility with vouchers for psychiatric services at private facilities; (2) establish and maintain a health status registry for veterans of Operation Iraqi Freedom and Operation Enduing Freedom. Rescinds a DVA Memorandum dated July 18, 2002, entitled "Status of VHA Enrollment and Associated Issues."
Directs the Secretary of each military department to establish a support system for members who incur severe disabilities on or after September 11, 2001, to assist in the transition to civilian life. Directs the Secretary of Defense to carry out a program of employment training for veterans.
Directs the Secretary of Housing and Urban Development to provide mortgage assistance to members who were seriously injured while on active duty. | {"src": "billsum_train", "title": "To provide improved benefits and procedures for the transition of members of the Armed Forces from combat zones to noncombat zones and for the transition of veterans from service in the Armed Forces to civilian life."} | 3,941 | 335 | 0.597717 | 1.880417 | 0.726317 | 3.574468 | 12.191489 | 0.921986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Exports, Jobs, and Growth Act of
1996''.
TITLE I--OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 101. INCOME LEVELS.
Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191)
is amended in paragraph (2) of the second undesignated paragraph--
(1) by striking ``$984 or less in 1986 United States
dollars'' and inserting ``$1,280 or less in 1994 United States
dollars''; and
(2) by striking ``$4,269 or more in 1986 United States
dollars'' and inserting ``$5,556 or more in 1994 United States
dollars''.
SEC. 102. CEILING ON INVESTMENT INSURANCE.
Section 235(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(1)) is amended by striking ``$13,500,000,000'' and inserting
``$25,000,000,000''.
SEC. 103. CEILING ON FINANCING.
Section 235(a)(2)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2195(a)(2)(A)) is amended by striking ``$9,500,000,000'' and
inserting ``$20,000,000,000''.
SEC. 104. ISSUING AUTHORITY.
Section 235(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(3)) is amended by striking ``1996'' and inserting ``2001''.
SEC. 105. POLICY GUIDANCE.
Section 231 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191)
is amended in the first paragraph--
(1) by striking ``To mobilize'' and inserting ``To increase
United States exports to, and to mobilize'';
(2) by striking ``of less developed'' and inserting ``of,
less developed''; and
(3) by inserting ``trade policy and'' after ``complementing
the''.
SEC. 106. BOARD OF DIRECTORS.
Section 233(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2193(b)) is amended--
(1) by striking the second and third sentences;
(2) in the fourth sentence by striking ``(other than the
President of the Corporation, appointed pursuant to subsection
(c) who shall serve as a Director, ex-officio)'';
(3) in the second undesignated paragraph--
(A) by inserting ``the President of the
Corporation, the Administrator of the Agency for
International Development, the United States Trade
Representative, and'' after ``including''; and
(B) by adding at the end the following: ``The
United States Trade Representative may designate a
Deputy United States Trade Representative to serve on
the Board in place of the United States Trade
Representative.''; and
(4) by inserting after the second undesignated paragraph
the following:
``There shall be Chairman and a Vice Chairman of the Board, both of
whom shall be designated by the President of the United States from
among the Directors of the Board other than those appointed under the
second sentence of the first paragraph of this subsection.''.
TITLE II--TRADE AND DEVELOPMENT AGENCY
SEC. 201. TRADE AND DEVELOPMENT AGENCY AUTHORIZATION.
Section 661(f)(1)(A) of the Foreign Assistance Act of 1961 (22
U.S.C. 2191(f)(1)(A)) is amended to read as follows:
``(1) Authorization.--(A) There are authorized to be
appropriated for purposes of this section, in addition to funds
otherwise available for such purposes, $40,000,000 for fiscal
1997, and such sums as are necessary for fiscal year 1998.''.
TITLE III--EXPORT PROMOTION PROGRAMS WITHIN THE INTERNATIONAL TRADE
ADMINISTRATION
SEC. 301. EXPORT PROMOTION AUTHORIZATION.
Section 202 of the Export Administration Amendments Act of 1985 (15
U.S.C. 4052) is amended to read as follows:
``SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Department of
Commerce to carry out export promotion programs $240,000,000 for fiscal
year 1997 and such sums as are necessary for fiscal year 1998.''.
TITLE IV--TRADE PROMOTION COORDINATING COMMITTEE
SEC. 401. STRATEGIC EXPORT PLAN.
Section 2312(c) of the Export Enhancement Act of 1988 (15 U.S.C.
4727) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) identify means for providing more coordinated and
comprehensive export promotion services to, and in behalf of,
small- and medium-sized businesses; and
``(7) establish a set of priorities to promote United
States exports to, and free market reforms in, the Middle East
that are designed to stimulate job growth both in the United
States and the region.''.
SEC. 402. IMPLEMENTATION OF PRIMARY OBJECTIVES.
The Trade Promotion Coordinating Committee shall--
(1) identify the areas of overlap and duplication among
Federal export promotion activities and report on the actions
taken or efforts currently underway to eliminate such overlap
and duplication;
(2) report on actions taken or efforts currently underway
to promote better coordination between State, Federal, and
private sector export promotion activities, including co-
location, cost-sharing between Federal, State, and private
sector export promotion programs, and sharing of market
research data; and
(3) by not later than September 30, 1997, include the
matters addressed in paragraphs (1) and (2) in the annual
report required to be submitted under section 2312(f) of the
Export Enhancement Act of 1988 (15 U.S.C. 4727(f)).
SEC. 403. PRIVATE SECTOR DEVELOPMENT IN THE UKRAINE.
The Trade Promotion Coordinating Committee shall include in the
annual report submitted in 1997 under section 2312(f) of the Export
Enhancement Act of 1988 (15 U.S.C. 4727(f)) a description of the
activities of the departments and agencies of the Trade Promotion
Coordinating Committee to foster United States trade and investment
which facilitates private sector development in the Ukraine. | TABLE OF CONTENTS: Title I: Overseas Private Investment Corporation Title II: Trade and Development Agency Title III: Export Promotion Programs within the International Trade Administration Title IV: Trade Promotion Coordinating Committee Exports, Jobs, and Growth Act of 1996 - Title I: Overseas Private Investment Corporation - Amends the Foreign Assistance Act of 1961 to increase the maximum per capita income levels of less developed countries eligible for Overseas Private Investment Corporation (OPIC) economic investment projects. Increases the ceilings on the maximum contingent liabilities outstanding at any one time for investment insurance and for the financing of investment guarantees issued by OPIC as well as of direct U.S. investment. Extends OPIC's authority to issue such insurance and guarantees through FY 2001. Revises the congressional purpose of OPIC to include increasing U.S. exports to less developed countries and countries in transition from nonmarket to market economies. Revises the composition of the OPIC Board of Directors. Title II: Trade and Development Agency - Authorizes appropriations for the Trade and Development Agency for FY 1997 and 1998. Title III: Export Promotion Programs Within the International Trade Administration - Amends the Export Administration Amendments Act of 1985 to authorize appropriations for the Department of Commerce export promotion programs for FY 1997 and 1998. Title IV: Trade Promotion Coordinating Committee - Amends the Export Enhancement Act of 1988 to require the Trade Promotion Coordinating Committee (TPCC) to develop a Federal trade promotion plan that, among other things, shall: (1) identify the means for providing more coordinated export promotion services to small and medium-sized businesses; and (2) establish a set of priorities to promote U.S. exports to, and free market reforms in, the Middle East that are designed to stimulate job growth both in the United States and the region. Requires the TPCC to: (1) identify areas of overlap and duplication among Federal export promotion activities and report on actions to eliminate such overlap and duplication; and (2) report to the Congress on actions taken to promote better coordination among State, Federal, and private sector export promotion activities. Requires the TPCC, in a specified annual report to the Congress, to describe the activities of TPCC departments and agencies to foster U.S. trade and investment which will facilitate private sector development in the Ukraine. | {"src": "billsum_train", "title": "Exports, Jobs, and Growth Act of 1996"} | 1,498 | 510 | 0.435558 | 1.454591 | 0.664133 | 3.179545 | 2.829545 | 0.802273 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Opal Creek Forest Preserve Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Old-growth forests are unique ecosystems that serve as
critical wildlife habitat for hundreds of vertebrate and
invertebrate animals, plants, and fungi.
(2) Old-growth forests provide clean and plentiful water
and support streams and rivers where wild runs of anadromous
and resident cold water fish are wholly dependent on high
quantity and quality water for migration, spawning, rearing,
and cover that can only be maintained by protecting the
watersheds of these steams and rivers.
(3) Old-growth forests provide unique and outstanding
opportunities for educational study, scientific research, and
recreation.
(4) The establishment of a forest preserve to protect areas
of old-growth forests can contribute significantly to the
quality of life for the residents of the State of Oregon
through recreation, education, and a protected water supply.
(5) The area containing what is known as the Opal Creek
forest is one of the largest remaining intact low-elevation
old-growth forest ecosystems in the Western Oregon Cascades
with trees up to 1,000 years of age.
(6) The Opal Creek forest area contains outstanding
geological and botanical features and is significant to the
aboriginal and early mining history of Oregon.
(7) The Opal Creek forest area provides recreational
opportunities for over 12,000 visitors annually and such
recreational use is increasing at a rate of over 50 percent a
year.
(8) The Opal Creek forest area, which includes 4 lakes, 45
miles of free-flowing streams, and over 50 waterfalls,
continues to be threatened by additional logging, an activity
which will cause irreparable harm to the outstanding
ecological, scientific, educational, and recreational values of
the area.
(9) Preservation of the Opal Creek forest area provides
outstanding opportunities for scientists to conduct
nondestructive old-growth forest research and for educators to
provide scientifically credible information to the public.
SEC. 3. OPAL CREEK FOREST PRESERVE.
(a) Establishment of Preserve.--There is hereby established the
Opal Creek Forest Preserve (in this Act referred to as the
``Preserve'') for the purpose developing and maintaining the research,
educational, and recreational values of the Preserve.
(b) Description of Preserve.--The Preserve shall consist of those
Federal lands located in the Detroit Ranger District of the Willamette
National Forest in the State of Oregon that are generally depicted on
the map dated June 18, 1992, and entitled the ``Opal Creek Preserve
Area''. The Preserve shall also include such additions to the Preserve
as may be added under section 5.
SEC. 4. MANAGEMENT OF THE PRESERVE.
(a) Development of Cooperative Management Plan.--The Secretary of
Agriculture shall develop, in consultation with the nonprofit
organization known as the Friends of Opal Creek (or its successors in
interest), a cooperative management plan for the Preserve to address
suitable research, recreational, and educational uses for each drainage
and subdrainage within the Preserve. Development of the management plan
shall be consistent with the standards and guidelines specified in
subsections (b) and (c).
(b) Standards.--The standards by which the Secretary of Agriculture
shall manage the Preserve are as follows:
(1) Timber harvesting.--The Secretary shall prohibit timber
harvesting in the Preserve, except to the extent such
harvesting is determined by the Secretary to be necessary for
the subsistence use of dead and downed timber for firewood and
other purposes in research and educational facilities located
within the Preserve or is conducted pursuant to a special use
permit issued by the Secretary. The Secretary shall immediately
terminate further planning regarding the Cedar and Elkhorn
Creek timber sales.
(2) Nonmotorized recreation.--The Secretary shall permit
nonmotorized recreation in the area that does not conflict with
or adversely affect the old-growth forest ecosystem or research
or educational activities conducted in the Preserve.
(3) Road construction.--Except to the extent authorized
pursuant to paragraph (5), the Secretary shall prohibit the
construction of new roads in the area.
(4) Special use permits.--Special use permits regarding the
Preserve in existence on the date of the enactment of this Act
shall continue pursuant to the terms of the permits, except
that the Secretary--
(A) shall convert the applicable parts of the plan
of operation of the Shiny Rock Mining Company to
special use permits for use by the Friends of Opal
Creek (or its successors in interest);
(B) may issue special use permits after such date
to the Friends of Opal Creek (or its successors in
interest) for activities consistent with the management
plan developed under subsection (a); and
(C) may issue special use permits after such date
in connection with exploration, mining, and mining-
related activities in the Bornite Project Area, as
depicted on the map described in section 3(a).
(5) Roads, structures, and utilities.--Roads, structures,
and utilities (including power lines, telephone lines, and
water lines) shall be allowed inside the Preserve to serve
activities conducted on land outside the Preserve pursuant to
special use permits issued before the date of the enactment of
this Act or pursuant to the exceptions contained in paragraph
(4).
(c) Guidelines.--The guidelines by which the Secretary shall manage
the Preserve are as follows:
(1) Research.--The Secretary shall promote nondestructive
research in the Preserve regarding old-growth forests.
(2) Education.--The Secretary shall conduct educational
programs in the Preserve for the public regarding old-growth
forests.
(3) Preservation of historic assets.--The Secretary shall
preserve historic assets in the Preserve.
(d) Withdrawal.--Subject to valid existing rights, Federal lands in
the Preserve are withdrawn from disposition under the public land laws
and from location, entry, and patent under the mining laws of the
United States, from the operation of the mineral leasing laws of the
United States, and from operation of the Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.). The withdrawal provided by this subsection
shall also apply to any Federal lands added to the Preserve after the
date of the enactment of this Act, including lands in the Bornite
Project Area added to the Preserve pursuant to section 5(e), except
that the withdrawal shall apply to such lands only after they have been
added to the Preserve.
(e) Support for Private Inholdings.--The Secretary may support the
management by a nonprofit organization of a private inholding in the
special management area that is held by the organization if the
organization agrees to manage the inholding in compliance with the
standards and guidelines specified in this section.
SEC. 5. ACCESS TO AND ACQUISITION OF NON-FEDERAL LAND.
(a) Inventory of Non-Federal Lands.--The Secretary of Agriculture
shall conduct an inventory of non-Federal lands and interests in lands,
including severed mineral estates, situated within the Preserve.
(b) Land Consolidation Program.--Using the inventory required by
subsection (a), the Secretary of Agriculture shall pursue a land
consolidation program to acquire (through purchase or the exchange of
Federal lands or interests in lands under the jurisdiction of the
Secretary) lands and interests in lands identified in the inventory
that would be suitable for inclusion in the Preserve. In pursuing such
land consolidation program, the Secretary may not acquire lands or
interests in lands by condemnation proceedings for inclusion in the
Preserve.
(c) Purchase of Certain Parcels Required.--The Secretary shall
endeavor to purchase at fair market value (and not by condemnation
proceedings) the following parcels of real property for inclusion in
the Preserve:
(1) 60 acres on Stoney Ridge owned by the Friends of Opal
Creek (or its sucessors in interest) (Mineral Survey Number 887
Black Prince, Princess, and King #4 patented mining claims).
(2) 80 acres in Gold Creek owned by the Times Mirror
Corporation (Mineral Survey Number 905 Eureka #6, #7, #8, and
#13 patented mining claims).
(d) Report on Additional Acquisition.--The Secretary shall submit
an annual report on the status of the land consolidation program
required by subsection (b) to the Committee on Agriculture and the
Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Agriculture, Nutrition, and Forestry of the Senate. As
part of the first such report, the Secretary shall evaluate the
practicality of acquiring for the Preserve 640 acres in the Cedar Creek
area owned by the Rosboro Lumber Company.
(e) Addition of Bornite Project Area.--
(1) Addition under certain circumstances.--Lands that are
located within the Bornite Project Area and excluded from the
Preserve as depicted on the map described in section 3(b) shall
be added to the Preserve upon the occurrence of either of the
following events:
(A) The determination by the Director of the Bureau
of Land Management, including the conclusion of all
appeals, if any, resulting from the determination, that
the mining claims on the lands are no longer valid.
(B) The completion of all exploration, mining, and
reclamation activities, including the release of all
reclamation bonds, on the mining claims on the lands.
(2) Mining claims.--Mining claims on lands located in the
Bornite Project Area may be patented in accordance with
applicable Federal law for mining purposes only. Upon the
cessation of exploration, mining, and reclamation activities on
the lands as provided in paragraph (1)(B), the patented lands
shall be reconveyed to the Federal Government or, at the option
of the patentee, be conveyed to the Friends of Opal Creek (or
its successors in interest).
(f) Access to Inholdings.--The use of access roads to inholdings
within the Preserve that are in use as of the date of the enactment of
this Act shall be allowed to continue. These access roads may be
maintained in substantially the same condition as the roads were in on
such date, but shall not be enhanced or subject to materially
intensified use except to serve the Bornite Project Area in accordance
with special use permits issued under section 4(b)(4)(C).
SEC. 6. GRANDFATHER CLAUSE.
Nothing in this Act shall affect the operation of any timber sale
contract entered into, or interfere with any activity for which a
special use permit has been issued (and not revoked), before the date
of the enactment of this Act, subject to the terms of the contract or
permit. In addition, nothing in this Act shall interfere with any
activity for which a special use permit is issued under section 4(b)(4)
pursuant to an environmental assessment or final environmental impact
statement and record of decision issued before such date. | Opal Creek Forest Preserve Act of 1993 - Establishes the Opal Creek Forest Preserve, consisting of specified Federal lands in the Detroit Ranger District of the Willamette National Forest, Oregon.
Directs the Secretary of Agriculture to develop a cooperative management plan for the Preserve to address suitable research, recreational, and educational uses for each drainage and subdrainage within the Preserve, consistent with specified standards (for timber harvesting, nonmotorized recreation, road construction, special use permits, and roads, structures, and utilities) and guidelines (for research, education, and preservation of historic assets).
Sets forth provisions regarding: (1) withdrawal of lands from disposition under the public land, mining, and mineral leasing laws and from operation of the Geothermal Steam Act of 1970; and (2) management of private inholdings.
Directs the Secretary of Agriculture to conduct an inventory of non-Federal lands and interests in the Preserve and acquire those that would be suitable for inclusion in it.
Sets forth provisions regarding: (1) the addition of lands within the Bornite Project Area to the Preserve; and (2) the use of access roads to inholdings within the Preserve. | {"src": "billsum_train", "title": "Opal Creek Forest Preserve Act of 1993"} | 2,424 | 259 | 0.600013 | 1.862954 | 0.758511 | 4.257778 | 9.795556 | 0.942222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public and Federally Assisted
Housing Security Act of 1994''.
SEC. 2. DEFINITION OF ``FIREARM-RELATED CRIMINAL ACTIVITY''.
Section 3(b) of the United States Housing Act of 1937 (42 U.S.C.
1437a(b)) is amended by adding at the end the following new paragraphs:
``(13) The term `firearm-related criminal activity' means any
activity--
``(A) that violates any Federal criminal law relating to
manufacture, sale, transfer, use, or possession of a firearm;
``(B) that violates any State law under which the
manufacture, sale, transfer, use, or possession of an article
that is a firearm is punishable as a criminal offense; or
``(C)(i) that violates any Federal or State criminal law,
and (ii) in which a firearm is used or intended to be used.
``(14) The term `firearm' has the meaning given the term in section
921 of title 18, United States Code.''.
SEC. 3. TERMINATION OF TENANCY IN PUBLIC HOUSING FOR FIREARM-RELATED
CRIMINAL ACTIVITY.
Section 6 of the United States Housing Act of 1937 (42 U.S.C.
1437d) is amended--
(1) in subsection (c)(4)(A)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) by redesignating clause (iv) as clause (v); and
(C) by inserting after clause (iii) the following
new clause:
``(iv) prohibit any individual or family
evicted from housing assisted under this Act by
reason of firearm-related criminal activity
from having a preference under any provision of
this subparagraph for 3 years, except that the
agency may waive the application of this clause
under standards established by the Secretary
(which shall include waiver for any member of a
family of an individual prohibited from tenancy
under this clause who the agency determines
clearly did not participate in and had no
knowledge of such criminal activity or when
circumstances leading to eviction no longer
exist); and'';
(2) in subsection (k), in the matter following paragraph
(6), by striking ``drug- related'' and inserting ``drug- or
firearm-related'';
(3) in subsection (l)(5), by striking ``drug-related'' and
inserting ``drug- or firearm-related''; and
(4) in subsection (n), by inserting ``and firearm-related
criminal activity'' after ``drug-related criminal activity''.
SEC. 4. TERMINATION OF TENANCY IN SECTION 8 HOUSING FOR FIREARM-RELATED
CRIMINAL ACTIVITY.
Section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f) is amended as follows:
(1) Certificate program.--In subsection (d)(1)--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by inserting ``and''
after the semicolon at the end; and
(iii) by inserting after clause (iii) the
following new clause:
``(iv) prohibit any individual or family
evicted from housing assisted under this Act by
reason of firearm-related criminal activity
from having a preference under any provision of
this subparagraph for 3 years, except that the
agency may waive the application of this clause
under standards established by the Secretary
(which shall include waiver for any member of a
family of an individual prohibited from tenancy
under this clause who the agency determines
clearly did not participate in and had no
knowledge of such criminal activity or when
circumstances leading to eviction no longer
exist);''; and
(B) in subparagraph (B)(iii), by striking ``drug-
related'' and inserting ``drug- or firearm-related''.
(2) Voucher program.--In subsection (o)(3), by adding at
the end the following new sentence: ``Any individual or family
evicted from housing assisted under this Act by reason of
firearm-related criminal activity shall not be eligible for a
preference under any provision of this subparagraph for 3
years, except that the agency may waive the application of this
clause under standards established by the Secretary (which
shall include waiver for any member of a family of an
individual prohibited from tenancy under this clause who the
agency determines clearly did not participate in and had no
knowledge of such criminal activity or when circumstances
leading to eviction no longer exist).''. | Public and Federally Assisted Housing Security Act of 1994 - Amends the United States Housing Act of 1937 to terminate public housing and assisted housing tenancy for persons involved in firearm-related criminal activity. | {"src": "billsum_train", "title": "Public and Federally Assisted Housing Security Act of 1994"} | 1,085 | 44 | 0.540567 | 1.289744 | 0.888015 | 3.555556 | 26.666667 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workforce Diversity Partnership Act
of 1994''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the workplace in the United States is becoming the most
diverse workplace in the world at a time of growing economic
dissatisfaction and intense global competition;
(2) people of color, caucasian women, and immigrants will
account for 85 percent of the net growth in our Nation's labor
force during the 1990s;
(3) the expectations, characteristics, demands, beliefs,
work values, motivating factors, and educational backgrounds of
individuals in the workforce are becoming increasingly diverse;
(4) employees, managers, administrators, and government
officials are inadequately prepared to deal effectively with
increased diversity in the workforce;
(5) increased domestic and international competition
requires that business, industry, and government leaders
effectively motivate and manage this diverse workforce;
(6) as more parents join the workforce, it has become
increasingly difficult for employees to balance the demands of
the workplace with the needs of families; and
(7) by understanding and valuing diversity which respects
differences, employers emphasize creativity, self initiative,
leadership, innovation, and team-work, and thereby improve the
working conditions of all individuals in the United States and
the chances for economic success.
(b) Purpose.--It is the purpose of this Act to establish a grant
program within the Department of Labor to--
(1) study and address issues relating to workforce and
cultural diversity and their impact on economic
competitiveness, employment opportunities, advancement and
retention; and
(2) develop collaborative public and private sector
education and training materials that address the issues of
workforce and cultural diversity.
SEC. 3. ESTABLISHMENT OF WORKFORCE DIVERSITY GRANT PROGRAM.
(a) Authorization.--The Secretary of Labor (hereafter in this Act
referred to as the ``Secretary'') is authorized to provide grants to
eligible entities described in subsection (b) for the purposes of--
(1) targeting and developing issues relating to workforce
and cultural diversity;
(2) developing public and private sector education and
training materials that focus on the issues of workforce and
cultural diversity;
(3) fostering research, scholarship, innovative curriculum
development, development of teaching materials, and other
practicable supportive academic activities relating to
workforce and cultural diversity;
(4) assisting in the dissemination and transfer of such
materials for use in private sector training efforts; and
(5) developing and establishing cooperative higher
education-business training programs to assist public and
private industry leaders and workers in addressing the issues
of workforce and cultural diversity.
(b) Eligible Entities.--
(1) In general.--An institution of higher education in
partnership with 1 or more of the organizations described in
paragraph (2) shall be eligible to receive a grant under
subsection (a).
(2) Organizations.--An organization described in this
paragraph is--
(A) a corporation, business, or partnership,
whether, for profit or nonprofit;
(B) a labor organization; or
(C) an organization that has a demonstrated
interest or expertise in workforce diversity issues.
(3) Institution of higher education defined.--For purposes
of this subsection, the term ``institution of higher
education'' has the meaning given such term by section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C. 1141(a)).
(c) Period of Grant.--The provision of payments under a grant under
subsection (a) shall not exceed 3 fiscal years and shall be subject to
the annual approval of the Secretary and subject to the availability of
appropriations for the fiscal year involved to make the payments.
SEC. 4. APPLICATION.
(a) In General.--The Secretary may not provide a grant under
section 3 to an eligible entity unless the entity submits to the
Secretary an application in such form and containing such information
as the Secretary may reasonably require.
(b) Faculty Participation.--The Secretary shall encourage eligible
entities desiring to receive a grant under section 3 to submit
applications that are written by teams of faculty from multiple
disciplines, student and academic affairs professionals, or student
organizations concerned with multicultural education, or any
combination thereof.
SEC. 5. USE OF AMOUNTS.
The Secretary may not provide a grant under section 3 to an
eligible entity unless the entity agrees that it will use all amounts
received from such grant to establish and carry out a program in
accordance with 1 or more of the following guidelines:
(1) The development of instructional material concerning
efforts designed to address cultural and workforce diversity
issues within the workplace setting.
(2) The development of public and private sector education
and training materials that will address the issues of
workforce and cultural diversity.
(3) The development of new approaches to workforce
diversity issues and scholarship efforts to be integrated
within the curriculum of business schools, ethnic and women's
studies, engineering schools, social science disciplines,
humanities and the arts and sciences. In using grant funds
under this paragraph, a grantee may employ approaches to be
carried out in conjunction with corporate education and
training programs.
(4) The conduct of research concerning multicultural
workplace interactions and team management and business in
multicultural and multi-lingual marketplace settings.
(5) The implementation of faculty development programs that
focus on research, appropriate learning environments, and
pedagogical approaches to teaching multicultural management and
work diversity issues.
(6) The development and dissemination of information
concerning models for summer precollege business internship
programs that aid in integrating the workplace and in giving
students a better understanding of the private sector and of
workforce diversity issues.
(7) The conduct of forums, workshops, and conferences in
which representatives from academic, corporate, government, or
other institutions with a demonstrated interest or expertise in
workforce diversity will focus on issues, attitudes, and
strategies that sensitize managers, employees, faculty,
corporate, government, and other leaders and workers to
workplace diversity issues.
(8) Any other activities that the Secretary determines to
be appropriate to meet the purposes of this Act.
SEC. 6. SELECTION.
(a) Criteria for Selection.--In determining whether to provide a
grant under section 3, the Secretary shall take into account--
(1) the extent to which the eligible entity demonstrates
the potential to achieve 1 or more of the guidelines described
in section 5;
(2) the level of participation and financial commitment of
the eligible entity;
(3) the likelihood that the program to be established under
section 5 by the eligible entity will foster the creation of
increased workforce and cultural diversity awareness programs
in other institutional environments;
(4) the likelihood that the program will result in the
development and dissemination of national or regional best
practices;
(5) the extent to which the program will impact on the
international competitiveness of the United States economy; and
(6) such other criteria as the Secretary may prescribe.
(b) Priority.--In providing grants under section 3, the Secretary
shall give priority to those eligible entities that demonstrate the
availability of sufficient amounts of non-Federal contributions or
resources from non-governmental entities.
SEC. 7. PEER REVIEW.
The Secretary shall establish peer review panels to review the
merits of applications submitted under section 4. In establishing such
panels, the Secretary shall seek the widest participation of qualified
individuals from eligible entities. Each peer review panel shall report
the findings and recommendations of the panel to the Secretary with
respect to applications submitted under section 4.
SEC. 8. FEDERAL AND NON-FEDERAL SHARE.
(a) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share under a grant provided under section 3 may not
exceed 50 percent of the total cost of the program established
and carried out under section 5 for any fiscal year.
(2) Exception.--If the Secretary, after consultation with
the peer review panel, determines that to do so will further
the purposes of this Act, the Secretary may increase the amount
of the Federal share with respect to the program.
(b) Non-Federal Share.--The non-Federal share shall be provided
from non-Federal sources and may be in cash or in-kind, fairly
evaluated.
SEC. 9. REPORTS.
(a) Reports to the Secretary.--The Secretary may not provide a
grant under section 3 to an eligible entity unless the entity agrees
that it will prepare and submit an annual report to the Secretary which
shall include--
(1) a summary of the progress of the activities established
and carried out under the grant to achieve the purposes of this
Act;
(2) a summary of the expenditures involved in establishing
and carrying out such activities;
(3) a plan that describes the proposed use of funds for the
subsequent fiscal year;
(4) a description of the success or failure of the
implementation of the program in accordance with 1 or more of
the guidelines described in section 5, where appropriate; and
(5) any other information that the Secretary determines to
be appropriate.
(b) Reports to the Congress.--The Secretary shall annually prepare
and submit to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of the
Senate a report that shall include an evaluation of the progress made
in achieving the purposes of this Act.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$10,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996 through 1999. | Workforce Diversity Partnership Act of 1994 - Establishes a workforce diversity grant program.
Authorizes the Secretary of Labor to make such grants for various research, education, and training activities relating to workforce and cultural diversity. Makes eligible for such grants partnerships of an institution of higher education with one or more of the following organizations: (1) a for-profit or nonprofit corporation, business, or partnership; (2) a labor organization; or (3) an organization with demonstrated interest or expertise in workforce diversity issues.
Sets forth requirements for applications, uses of funds, selection criteria, peer review panels, Federal and non-Federal shares, and reports.
Authorizes appropriations. | {"src": "billsum_train", "title": "Workforce Diversity Partnership Act of 1994"} | 2,009 | 143 | 0.57214 | 1.67803 | 0.770066 | 2.761194 | 14.895522 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Border Hospital Survival and Illegal
Immigrant Care Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Immigration is a Federal responsibility.
(2) The Immigration and Naturalization Service does not
take into custody all aliens who are unlawfully present in the
United States.
(3) Section 1867 of the Social Security Act (42 U.S.C.
1395dd) and State laws require that, if any individual (whether
or not lawfully present in the United States) comes to a
hospital and the hospital determines that the individual has an
emergency medical condition, the hospital must provide either,
within the staff and facilities available at the hospital, for
such further medical examination and such treatment as may be
required to stabilize the medical condition, or, if
appropriate, for transfer of the individual to another medical
facility.
(4) The Southwest border region is ill-equipped to absorb
the expense of providing health care to undocumented aliens
because it ranks last in the country in terms of per capita
income.
(5) The Southwest border region has been designated as a
health professional shortage area under section 332 of the
Public Health Service Act (42 U.S.C. 254e).
(6) The unreimbursed costs associated with caring for
undocumented aliens are severely threatening the financial
stability of health care providers in Arizona.
SEC. 3. REIMBURSEMENT TO HEALTH CARE PROVIDERS FOR EMERGENCY MEDICAL
CARE RENDERED TO CERTAIN ALIENS.
Section 322 of the Public Health Service Act (42 U.S.C. 249) is
amended by adding at the end the following:
``(d)(1) The Secretary shall establish and implement a 5-year pilot
program under which funds made available under paragraph (6) are used
to reimburse providers for items and services described in section
411(b)(1) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1621(b)(1)) provided in Arizona to
aliens described in paragraph (3), and to reimburse suppliers of
emergency ambulance services furnished to such aliens for which the
transportation originates in Arizona (where the use of other methods of
transportation is contraindicated by the alien's condition), if payment
may not be made to reimburse the provider or supplier under any Federal
program or law other than this subsection (such as title XIX of the
Social Security Act), any State or local program or law, any group or
individual health plan, or any insurance policy.
``(2) As part of the pilot program, in a case in which an alien
described in paragraph (3) arrived at a hospital in Arizona and the
hospital provided for such medical examination and treatment of the
alien as the hospital determined was required to stabilize an emergency
medical condition (within the meaning of section 1867(e)(1) of the
Social Security Act (42 U.S.C. 1395dd(e)(1))), the Secretary shall use
funds made available under paragraph (6) to reimburse the hospital for
any transportation costs paid by the hospital to return the alien to
the United States border, if--
``(A) the hospital requested the Attorney General to take
the alien into custody after such stabilization;
``(B) such request was denied within 24 hours after its
receipt, or the Attorney General gave no response to it within
such period; and
``(C) the hospital determined that discharging the alien
without providing for such transportation might pose a threat
to the health or safety of the alien (or, with respect to a
pregnant alien, the health or safety of the alien or her unborn
child).
``(3) An alien is described in this paragraph if the alien--
``(A) is not lawfully present in the United States and not
detained by any Federal, State, or local law enforcement
authority; or
``(B) is paroled into the United States under section
212(d)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(5)) for less than one year in order to receive
treatment for an emergency medical condition.
``(4) During the period in which the pilot program is operating,
the Secretary shall submit annual reports to the Congress on its
operation. Each report shall contain at least the following
information:
``(A) The number of aliens to whom assistance was rendered
for which payment was made under this subsection during the
previous year.
``(B) The nationality of such aliens.
``(C) The average cost per alien of such assistance.
``(D) The total annual amount paid to each provider or
supplier of assistance.
``(E) The feasibility and estimated cost of expanding the
pilot program to items and services provided anywhere in the
Southwest border region of the United States.
``(5) Nothing in this subsection shall be construed to authorize
any reduction in the funds payable to any person under any Federal
program or law other than this subsection (such as title XIX of the
Social Security Act), any State or local program or law, any group or
individual health plan, or any insurance policy.
``(6) To the extent provided in appropriations Acts, from amounts
made available to the Immigration and Naturalization Service for
enforcement and border affairs for each of the 5 fiscal years following
the fiscal year in which the Border Hospital Survival and Illegal
Immigrant Care Act is enacted, the Attorney General may transfer to the
Health Resources and Services Administration of the Department of
Health and Human Services such amounts as may be necessary to carry out
this subsection, not to exceed $50,000,000 for each such year.''. | Border Hospital Survival and Illegal Immigrant Care Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish a five-year pilot program of health care provider reimbursement for the costs associated with providing emergency medical and ambulance services in Arizona to: (1) illegal aliens who are not detained by any Federal, State, or local law enforcement authority; or (2) aliens paroled into the United States for less than one year to receive emergency medical treatment. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a 5-year pilot program under which health care providers are reimbursed by the Secretary of Health and Human Services for the costs associated with providing emergency medical care to aliens who are not lawfully present in the United States and are not detained by any law enforcement authority, and for other purposes."} | 1,213 | 102 | 0.507706 | 1.402696 | 0.913117 | 3.755319 | 12.425532 | 0.968085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Solvency Act of
2009''.
SEC. 2. PROGRESSIVE INDEXING OF BENEFITS FOR OLD-AGE INSURANCE
BENEFITS.
(a) In General.--Section 215(a) of the Social Security Act (42
U.S.C. 415(a)) is amended--
(1) by striking ``The'' in paragraph (1)(A) and inserting
``With respect to any benefit other than an applicable benefit
to which paragraph (2) applies, the'', and
(2) by redesignating paragraphs (2) through (7) as
paragraphs (3) through (8), respectively, and by inserting
after paragraph (1) the following new paragraph:
``(2)(A) In the case of an applicable benefit with respect to any
individual who initially becomes eligible for old-age insurance
benefits or who dies (before becoming eligible for such benefits) in
calendar year 2012 or later, the primary insurance amount of the
individual shall be equal to the sum of--
``(i) 90 percent of the individual's average indexed
monthly earning (determined under subsection (b)) to the extent
that such earnings do not exceed the amount established for
purposes of paragraph (1)(A)(i) by paragraph (1)(B);
``(ii) 32 percent of the individual's average indexed
monthly earnings to the extent that such earnings exceed the
amount established for purposes of paragraph (1)(A)(i) by
paragraph (1)(B) but do not exceed the amount established for
purposes of this clause by subparagraph (B);
``(iii) 32 percent (reduced as provided in subparagraph
(C)) of the individual's average indexed monthly earnings to
the extent that such earnings exceed the amount established for
purposes of clause (ii) but do not exceed the amount
established for purposes of paragraph (1)(A)(ii) by paragraph
(1)(B); and
``(iv) 15 percent (reduced as provided in subparagraph (C))
of the individual's average indexed monthly earnings to the
extent that such earnings exceed the amount established for
purposes of paragraph (1)(A)(ii) by paragraph (1)(B).
``(B)(i) For purposes of subparagraph (A)(ii), the amount
established under this subparagraph for calendar year 2012 shall be the
level of average indexed monthly earnings determined by the Chief
Actuary of the Social Security Administration under clause (ii) as
being at the 30th percentile for the period of calendar years 2001
through 2003.
``(ii) For purposes of clause (i), the average indexed monthly
earnings for the period of calendar years 2001 through 2003 shall be
determined by--
``(I) determining the average indexed monthly earnings for
each individual who initially became eligible for old-age
insurance benefits or who died (before becoming eligible for
such benefits) during such period, except that in determining
such average indexed monthly earnings under subsection (b),
subsection (b)(3)(A)(ii)(I) shall be applied by substituting
calendar year 2000 for the second calendar year described in
such subsection; and
``(II) multiplying the amount determined for each
individual under subclause (I) by the quotient obtained by
dividing the national average wage index (as defined in section
209(k)(1)) for the calendar year 2010 by such index for the
calendar year 2000.
``(iii) For purposes of subparagraph (A)(ii), the amount
established under this subparagraph for any calendar year after 2012
shall be equal to the product of the amount in effect under clause (i)
with respect to calendar year 2012 and the quotient obtained by
dividing--
``(I) the national average wage index (as defined in
section 209(k)(1)) for the second calendar year preceding the
calendar year for which the determination is being made, by
``(II) the national average wage index (as so defined) for
2010.
``(iv) The amount established under this subparagraph for any
calendar year shall be rounded to the nearest $1, except that any
amount so established which is a multiple of $0.50 but not of $1 shall
be rounded to the next higher $1.
``(C)(i) Except as provided in clause (ii), in the case of any
calendar year after 2011, each of the percentages to which this
subparagraph applies by reason of clauses (iii) or (iv) of subparagraph
(A) shall be a percentage equal to such percentage multiplied by the
quotient obtained by dividing--
``(I) the difference of the maximum CPI-indexed benefit
amount for such year over the amount determined under this
paragraph for an individual whose average indexed monthly
earnings are equal to the amount established for purposes of
subparagraph (A)(ii) for such year, by
``(II) the difference of the maximum wage-indexed benefit
amount for such year over the amount determined under this
paragraph for an individual whose average indexed monthly
earnings are equal to the amount established for purposes of
subparagraph (A)(ii) for such year.
``(ii)(I) In the case of any calendar year which is a positive
balance year, clause (i) shall not apply and each of the percentages to
which this subparagraph applies by reason of clause (iii) or (iv) of
subparagraph (B) shall be a percentage equal to the percentage
determined under this subparagraph for the preceding year (determined
after the application of this subparagraph).
``(II) In the case of any calendar year after a positive balance
year which is not a positive balance year, this subparagraph shall be
applied by substituting `the second calendar year preceding the most
recent positive balance year' for `2009' each place it appears in
clause (iv).
``(iii) For purposes of clause (i), the maximum wage-indexed
benefit amount for any calendar year shall be equal to the amount
determined under this paragraph (determined without regard to any
reduction under this subparagraph) for an individual with wages paid in
and self-employment income credited to each computation base year in an
amount equal to the contribution and benefit base for each calendar
year.
``(iv) For purposes of clause (i), the maximum CPI-indexed benefit
amount for any calendar year shall be an amount equal to the amount
determined under clause (iii) for such year multiplied by a fraction--
``(I) the numerator of which is the ratio (rounded to the
nearest one-thousandth of 1 percent) of the Consumer Price
Index for the second preceding year to such index for 2009; and
``(II) the denominator of which is the ratio (rounded to
the nearest one-thousandth of 1 percent) of the national wage
index (as defined in section 209(k)(1)) for the second year
preceding such year to such index for 2009.
``(v)(I) For purposes of clause (i), a positive balance year is a
calendar year following any calendar year after 2050 for which the
Chief Actuary of the Social Security Administration certifies to the
Secretary of the Treasury and the Congress that the combined balance
ratio of the Federal Old-Age and Survivors Trust Fund and the Federal
Disability Insurance Trust Fund is not less than 100 percent for such
year.
``(II) For purposes of subclause (I), the combined balance ratio of
the Federal Old-Age and Survivors Trust Fund and the Federal Disability
Insurance Trust Fund for any calendar year is the ratio of the combined
balance of such Trust Funds as of the last day of such calendar year
(reduced by any transfer made pursuant to section 201(o) in such
calendar year) to the amount estimated by the Commissioner of Social
Security under section 201(l)(3)(B)(iii)(II) to be paid from such Trust
Funds during the calendar year following such calendar year for all
purposes authorized by section 201 (determined as if such following
calendar year were a positive balance year).
``(D) For purposes of this paragraph, rules similar to the rules of
subparagraphs (C) and (D) of paragraph (1) shall apply.
``(E) For purposes of this paragraph, the term `applicable benefit'
means any benefit under section 202 other than--
``(i) a child's insurance benefit under section 202(d) with
respect to a child of an individual who has died;
``(ii) a widow's insurance benefit under section 202(e)
with respect to a widow who has not attained age 60 and is
under a disability (as defined in section 223(d)) which began
before the end of the period specified in section 202(e)(4);
``(iii) a widower's insurance benefit under section 202(f)
with respect to a widower who has not attained age 60 and is
under a disability (as defined in section 223(d)) which began
before the end of the period specified in section 202(f)(4);
and
``(iv) a mother's and father's insurance benefit under
section 202(g).''.
(b) Conforming Amendments.--
(1) Subsections (e)(2)(B)(i)(I) and (f)(2)(B)(i)(I) of
section 202 of the Social Security Act are each amended by
inserting ``or section 215(a)(2)(B)(iii)'' after ``section
215(a)(1)(B)(i) and (ii)''.
(2) Section 203(a)(1) of such Act is amended--
(A) in subparagraph (A)(i), by striking
``215(a)(2)(B)(i)'' and inserting ``215(a)(3)(B)(i)'';
(B) in subparagraph (A)(ii), by striking
``215(a)(2)(C)'' and inserting ``215(a)(3)(C)''; and
(C) in subparagraph (B)(ii), by striking
``215(a)(2)'' and inserting ``215(a)(3)''.
(3) Section 209(k)(1) of such Act is amended by inserting
``215(a)(2)(B), 215(a)(2)(C),'' after ``215(a)(1)(D),''.
(4) Section 215(a) of such Act is amended--
(A) in paragraph (4)(A), as redesignated by
paragraph (2), by striking ``paragraph (4)'' and
inserting ``paragraph (5)'';
(B) in paragraph (4)(B), as redesignated by
paragraph (2), by striking ``paragraph (2)(A)'' and
inserting ``paragraph (3)(A)'';
(C) in paragraph (5), as redesignated by paragraph
(2), by striking ``paragraph (3)(A)'' and inserting
``paragraph (4)(A)'';
(D) in paragraph (6)(A), as redesignated by
paragraph (2), by striking ``paragraph (4)(B)'' and
inserting ``paragraph (5)(B)''; and
(E) in paragraph (8)(B)(ii)(I), as redesignated by
paragraph (2), by striking ``paragraph (3)(B)'' and
inserting ``paragraph (4)(B)''.
(5) Section 215(d)(3) of such Act is amended--
(A) by striking ``paragraph (4)(B)(ii)'' and
inserting ``paragraph (5)(B)(ii)''; and
(B) by striking ``subsection (a)(7)(C)'' and
inserting ``subsection (a)(8)(C)''.
(6) Subsection 215(f) of such Act is amended--
(A) in paragraph (2)(B), by striking ``subsection
(a)(4)(B)'' and inserting ``subsection (a)(5)(B)'';
(B) in paragraph (7), by striking ``subsection
(a)(6)'' and inserting ``subsection (a)(7)'';
(C) in paragraph (9)(A)--
(i) by striking ``subsection (a)(7)(A)''
and inserting ``subsection (a)(8)(A)''; and
(ii) by striking ``subsection (a)(7)(C)''
and inserting ``subsection (a)(8)(C)''; and
(D) in paragraph (9)(B), by striking ``subsection
(a)(7)'' each place it appears and inserting
``subsection (a)(8)''.
SEC. 3. MODIFICATION OF PIA FACTORS TO REFLECT CHANGES IN LIFE
EXPECTANCY.
(a) Modification.--
(1) In general.--Section 215(a)(2) of the Social Security
Act (42 U.S.C. 415(a)(2)), as added by this Act, is amended by
redesignating subparagraphs (D) and (E) as subparagraphs (E)
and (F), respectively, and by inserting after subparagraph (C)
the following new subparagraph:
``(D)(i) For individuals who initially become eligible for old-age
insurance benefits (or who die before becoming eligible for such
benefits) in any calendar year after 2017, each of the percentages used
for purposes of clauses (i), (ii), (iii), and (iv) of subparagraph (A)
(after the application of subparagraph (C) in the case of subclauses
(iii) and (iv) of subparagraph (A)) shall be multiplied by the life
expectancy ratio for such calendar year.
``(ii) The Commissioner of Social Security shall, through the Chief
Actuary of the Social Security Administration, using generally accepted
actuarial principles, determine and publish in the Federal Register on
or before November 1 of each calendar year the life expectancy ratio
for the following calendar year.
``(iii) For purposes of this subparagraph, the life expectancy
ratio for any calendar year is the ratio of--
``(I) the period life expectancy based on the computed
death rates for 2013 of an individual at age 67, to
``(II) the period life expectancy of an individual at such
age based on the computed death rates for the fourth calendar
year preceding the calendar year for which the life expectancy
ratio is determined under clause (ii).''.
(2) Conforming amendment.--Clauses (iii) and (iv) of
section 215(a)(2)(A) of the Social Security Act, as added by
this Act, are each amended by striking ``subparagraph (C)'' and
inserting ``subparagraphs (C) and (F)''.
(b) Study Regarding Life Expectancy of Disabled Beneficiaries.--
(1) In general.--The Commissioner of Social Security shall
conduct a study on the feasibility of creating a separate life
expectancy ratio under section 215(a)(2)(D) of the Social
Security Act for individuals attaining early retirement age who
are receiving disability insurance benefits under title II of
such Act on the date the individual attains such age.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall submit to
Congress a report on the results of the study under paragraph
(1).
SEC. 4. TREATMENT OF DISABLED BENEFICIARIES.
Section 215(a) of the Social Security Act (42 U.S.C. 415(a)), as
amended by sections 2 and 3, is amended by adding at the end the
following new paragraph:
``(9)(A) Notwithstanding the preceding provisions of this
subsection, in the case of an individual who has or has had a period of
disability and who initially becomes eligible for old-age insurance
benefits or who dies (before becoming eligible for such benefits) in
any calendar year in or after 2012, the primary insurance amount of
such individual shall be the sum of--
``(i) the amount determined under subparagraph (B); and
``(ii) the product derived by multiplying--
``(I) the excess of the amount determined under
subparagraph (C) over the amount determined under
subparagraph (B), by
``(II) the adjustment factor for such individual
determined under subparagraph (D).
``(B) The amount determined under this subparagraph is the amount
of such individual's primary insurance amount as determined under this
section without regard to this paragraph.
``(C) The amount determined under this subparagraph is the amount
of such individual's primary insurance amount as determined under this
section as in effect with respect to individuals becoming eligible for
old-age or disability insurance benefits under section 202(a) in 2008.
``(D) The adjustment factor determined under this subparagraph for
any individual is the ratio (not greater than 1) of--
``(i) the total number of months during which such
individual is under a disability (as defined in section 223(d))
during the period beginning on the date the individual attains
age 22 and ending on the first day of such individual's first
month of eligibility for old-age insurance benefits under
section 202(a) (or, if earlier, the month of such individual's
death), to
``(ii) the number of months during the period beginning on
the date the individual attains age 22 and ending on the first
day of such individual's first month of eligibility for old-age
insurance benefits under section 202(a) (or, if earlier, the
month of such individual's death).''.
SEC. 5. ACCELERATION OF INCREASE IN RETIREMENT AGE.
(a) Increase in Retirement Age to 67.--Section 216(l)(1) of the
Social Security Act (42 U.S.C. 416(l)(1)) is amended--
(1) in subparagraph (C), by striking ``2017'' and inserting
``2012'';
(2) in subparagraph (D), by striking ``after December 31,
2016 and before January 1, 2022'' and inserting ``after
December 31, 2011 and before January 1, 2017''; and
(3) in subparagraph (E), by striking ``2021'' and inserting
``2016''.
(b) Conforming Amendment.--Subparagraph (B) of section 216(l)(3) of
the Social Security Act (42 U.S.C. 416(l)(3)(B)) is amended--
(1) by striking ``calendar years 2017 through 2021'' and
inserting ``calendar years 2012 through 2016''; and
(2) by striking ``January 2017'' and inserting ``January
2012''.
SEC. 6. MAINTENANCE OF ADEQUATE BALANCES IN THE SOCIAL SECURITY TRUST
FUNDS.
(a) In General.--Section 201 of the Social Security Act (42 U.S.C.
401) is amended by adding at the end the following new subsection:
``(o) In addition to amounts otherwise appropriated under the
preceding provisions of this section to the Trust Funds established
under this section, there is hereby appropriated for each fiscal year
to each of such Trust Funds, from amounts in the general fund of the
Treasury not otherwise appropriated, such sums as may be necessary from
time to time to maintain the balance ratio (as defined in section
709(b)) of such Trust Fund, for the calendar year commencing during
such fiscal year, at not less than 100 percent. The sums to be
appropriated under the preceding sentence shall be determined by the
Commissioner of Social Security and certified by the Commissioner to
each House of the Congress not later than October 1 of such fiscal
year. In making such determination and certification, the Commissioner
shall use the intermediate actuarial assumptions used by the Board of
Trustees of the Trust Funds in its most recent annual report to the
Congress prepared pursuant to subsection (c)(2). The Commissioner shall
also transmit a copy of any such certification to the Secretary of the
Treasury, and upon receipt thereof, such Secretary shall promptly take
appropriate actions in accordance with the certification.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal years beginning after the date of the
enactment of this Act. | Social Security Solvency Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide for progressive indexing of old age insurance benefits with respect to any individual who initially becomes eligible for them or who dies (before becoming eligible for them) in calendar year 2012 or later.
Provides for: (1) modification of primary insurance amount (PIA) factors to reflect changes in life expectancy; (2) computation of the PIA for an individual who has or has had a period of disability and who initially becomes eligible for such benefits in or after 2012; (3) acceleration of the increase in retirement age to 67; and (4) automatic appropriations to maintain the balance ratio of the Social Security Trust Funds at not less than 100% for the calendar year commencing during each fiscal year. | {"src": "billsum_train", "title": "A bill to amend title II of the Social Security Act to provide for progressive indexing and longevity indexing of Social Security old-age insurance benefits for newly retired and aged surviving spouses to ensure the future solvency of the Social Security program, and for other purposes."} | 4,662 | 182 | 0.502682 | 1.362862 | 0.727113 | 3.873494 | 24.138554 | 0.945783 |
SECTION 1. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE
DISTRICT OF COLUMBIA.
(a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled
``An Act to provide for the organization of the militia of the District
of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49-
409, D.C. Official Code), is amended by striking ``President of the
United States'' and inserting ``Mayor of the District of Columbia''.
(b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C.
Official Code) is amended by striking ``President of the United
States'' and inserting ``Mayor of the District of Columbia''.
(c) Appointment of Commissioned Officers.--(1) Section 7(a) of such
Act (sec. 49-301(a), D.C. Official Code) is amended--
(A) by striking ``President of the United States'' and
inserting ``Mayor of the District of Columbia''; and
(B) by striking ``President.'' and inserting ``Mayor.''.
(2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is
amended by striking ``President'' and inserting ``Mayor of the District
of Columbia''.
(3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is
amended by striking ``President of the United States'' and inserting
``Mayor of the District of Columbia''.
(4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is
amended--
(A) in subsection (a), by striking ``to the Secretary of
the Army'' and all that follows through ``which board'' and
inserting ``to a board of examination appointed by the
Commanding General, which''; and
(B) in subsection (b), by striking ``the Secretary of the
Army'' and all that follows through the period and inserting
``the Mayor of the District of Columbia, together with any
recommendations of the Commanding General.''.
(5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is
amended--
(A) by striking ``President of the United States'' each
place it appears and inserting ``Mayor of the District of
Columbia''; and
(B) by striking ``the President may retire'' and inserting
``the Mayor may retire''.
(d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C.
Official Code) is amended by striking ``, or for the United States
Marshal'' and all that follows through ``shall thereupon order'' and
inserting ``to order''.
(2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is
amended by striking ``the President'' and inserting ``the Mayor of the
District of Columbia''.
(e) General Courts Martial.--Section 51 of such Act (sec. 49-503,
D.C. Official Code) is amended by striking ``the President of the
United States'' and inserting ``the Mayor of the District of
Columbia''.
SEC. 2. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.
(a) Detail for Training.--(1) Section 4301(c) of title 10, United
States Code, is amended by striking ``governor or other appropriate
authority of the State or Territory, Puerto Rico, or the District of
Columbia'' and inserting ``Governor of the State, Territory, or Puerto
Rico or the Mayor of the District of Columbia''.
(2) Section 9301(c) of such title is amended by striking ``governor
or other appropriate authority of the State or Territory, Puerto Rico,
or the District of Columbia'' and inserting ``Governor of the State,
Territory, or Puerto Rico or the Mayor of the District of Columbia''.
(b) Failure To Satisfactorily Perform Prescribed Training.--Section
10148(b) of such title is amended by striking ``the commanding general
of the District of Columbia National Guard'' and inserting ``the Mayor
of the District of Columbia''.
(c) Appointment of Chief of National Guard Bureau.--Section
10502(a)(1) of such title is amended by striking ``the commanding
general of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(d) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of
such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' and inserting ``the Mayor of the
District of Columbia''.
(e) Other Senior National Guard Bureau Officers.--Section 10506(1)
of such title is amended by striking ``the commanding general of the
District of Columbia National Guard'' both places it appears and
inserting ``the Mayor of the District of Columbia''.
(f) Consent for Active Duty or Relocation.--(1) Section 12301 of
title 10, United States Code, is amended--
(A) in subsection (b), by striking ``commanding general of
the District of Columbia National Guard'' in the second
sentence and inserting ``Mayor of the District of Columbia'';
and
(B) in subsection (d), by striking ``governor or other
appropriate authority of the State concerned'' and inserting
``governor of the State (or, in the case of the District of
Columbia National Guard, the Mayor of the District of
Columbia)''.
(2) Section 12406 of such title is amended by striking ``the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia''.
(g) Consent for Relocation of Units.--Section 18238 of such title
is amended by striking ``, in the case of the District of Columbia, the
commanding general of the National Guard of the District of Columbia''
and inserting ``the Mayor of the District of Columbia, as the case may
be''.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE.
(a) Maintenance of Other Troops.--Section 109(c) of title 32,
United States Code, is amended by striking ``(or commanding general in
the case of the District of Columbia)''.
(b) Drug Interdiction and Counter-Drug Activities.--Section
112(i)(2) of such title is amended by striking ``the Commanding General
of the National Guard of the District of Columbia'' and inserting ``the
Mayor of the District of Columbia''.
(c) Appointment of Adjutant General.--Section 314 of such title is
amended--
(1) by striking subsection (b);
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively; and
(3) in subsection (b) (as so redesignated), by striking
``the commanding general of the District of Columbia National
Guard'' and inserting ``the Mayor of the District of
Columbia,''.
(d) Personnel Matters.--(1) Section 327(a) of such title is amended
by striking ``the commanding general of the National Guard of the
District of Columbia'' and inserting ``the Mayor of the District of
Columbia, as the case may be''.
(2) Section 331 of such title is amended by striking ``its
commanding general'' and inserting ``the Mayor of the District of
Columbia''.
(3) Section 505 of such title is amended by striking ``commanding
general of the National Guard of the District of Columbia'' in the
first sentence and inserting ``Mayor of the District of Columbia''.
(e) National Guard Challenge Program.--Section 509 of such title is
amended--
(1) in subsection (c)(1), by striking ``the commanding
general of the District of Columbia National Guard, under which
the Governor or the commanding general'' and inserting ``the
Mayor of the District of Columbia, under which the Governor or
the Mayor'';
(2) in subsection (g)(2), by striking ``the commanding
general of the District of Columbia National Guard'' and
inserting ``the Mayor of the District of Columbia'';
(3) in subsection (j), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''; and
(4) in subsection (k), by striking ``the commanding general
of the District of Columbia National Guard'' and inserting
``the Mayor of the District of Columbia''.
(f) Issuance of Supplies.--Section 702(a) of such title is amended
by striking ``commanding general of the National Guard of the District
of Columbia'' and inserting ``Mayor of the District of Columbia''.
(g) Appointment of Fiscal Officer.--Section 708(a) of such title is
amended by striking ``commanding general of the National Guard of the
District of Columbia'' and inserting ``Mayor of the District of
Columbia''.
SEC. 4. CONFORMING AMENDMENT TO GUARD AND RESERVE TRANSITION
INITIATIVES.
Section 4416(a)(3) of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2714) is amended by
striking ``or territory, Puerto Rico, or the District of Columbia'' and
inserting ``, territory, or the Commonwealth of Puerto Rice, or the
Mayor of the District of Columbia''.
SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT.
Section 602(b) of the District of Columbia Home Rule Act (sec. 1-
206.02(b), D.C. Official Code) is amended by striking ``the National
Guard of the District of Columbia,''. | Makes the Mayor of the District of Columbia the Commander-in-Chief of the District's militia in lieu of the President. Grants to the Mayor: (1) administrative authority with respect to the reserve corps of the District's National Guard; (2) authority to appoint and commission the militia's Commanding General, Adjutant General, and all other commissioned officers; and (3) sole authority to call for duty a portion of the militia to suppress a riot in the District. | {"src": "billsum_train", "title": "To extend to the Mayor of the District of Columbia the same authority with respect to the National Guard of the District of Columbia as the Governors of the several States exercise with respect to the National Guard of those States."} | 2,336 | 107 | 0.547908 | 1.396267 | 0.653375 | 2.053191 | 21.617021 | 0.819149 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civil War Sesquicentennial
Commission Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The American Civil War was a defining experience in the
development of the United States.
(2) The people of the United States continue to struggle
with issues of race, civil rights, the politics of federalism,
and heritage which are legacies of the Civil War and
Reconstruction.
(3) There is a resurgence of interest in the Civil War that
is evidenced by the multitude of publications, exhibits,
reenactments, research organizations, Internet and multimedia
resources, historic parks, and preservation associations
focused on the Civil War.
(4) The years 2011 through 2015 mark the sesquicentennial
of the Civil War.
(5) The sesquicentennial of the Civil War presents a
significant opportunity for Americans to recall and reflect
upon the Civil War and its legacy in a spirit of reconciliation
and reflection.
(6) The United States Civil War Center at Louisiana State
University, Louisiana, and the Civil War Institute at
Gettysburg College, Pennsylvania, have been designated by the
Federal government to plan and facilitate the commemoration of
the sesquicentennial of the Civil War.
(7) The State of Virginia--
(A) witnessed more Civil War military engagements
on its soil than any other State;
(B) hosts more historic sites related to the Civil
War than any other State; and
(C) is home to the Pamplin Historical Park and the
National Museum of the Civil War Soldier and the
Virginia Center for Civil War Studies at Virginia
Polytechnic Institute and State University, both of
which are nationally recognized centers of expertise in
the study of the Civil War.
(8) The African American Civil War Museum located in
Washington, D.C., is the only museum in the nation dedicated to
the study and understanding of the role of African Americans in
the Civil War.
(b) Purpose.--The purpose of this Act is to establish a Civil War
Sesquicentennial Commemoration Commission to--
(1) ensure a suitable national observance of the
sesquicentennial of the Civil War;
(2) cooperate with and assist States and national
organizations with programs and activities for the observance
of the sesquicentennial of the Civil War;
(3) assist in ensuring that any observance of the
sesquicentennial of the Civil War is inclusive and
appropriately recognizes the experiences and points of view of
all people affected by the Civil War; and
(4) provide assistance for the development of programs,
projects, and activities on the Civil War that have lasting
educational value.
SEC. 3. CIVIL WAR SESQUICENTENNIAL COMMEMORATION COMMISSION.
The Secretary of the Interior shall establish a commission to be
known as the Civil War Sesquicentennial Commemoration Commission
(hereafter in this Act referred to as the ``Commission'').
SEC. 4. COMPOSITION OF THE COMMISSION.
(a) In General.--The Commission shall be composed of 25 members as
follows:
(1) Government members.--The Commission shall include--
(A) 2 Members of the House of Representatives
appointed by the Speaker of the House of
Representatives;
(B) 2 Members of the Senate appointed by the
President pro tempore of the Senate, in consultation
with the Majority Leader and the Minority Leader of the
Senate;
(C) the Secretary of the Interior or the designee
of the Secretary;
(D) the Secretary of the Smithsonian Institution,
or the designee of the Secretary;
(E) the Secretary of the Department of Education,
or the designee of the Secretary;
(F) the Chairman of the National Endowment for the
Humanities, or the designee of the Chairman;
(G) the Archivist of the United States, or the
designee of the Archivist;
(H) the Librarian of Congress, or the designee of
the Librarian; and
(I) the Director of the National Park Service, or
the designee of the Director.
(2) Private members.--The Commission shall include--
(A) 5 members appointed by the President from among
individuals who are representative of the corporate
community; and
(B) 9 individuals, appointed by the President, from
among persons who by reason of education, training, and
experience, are experts on the Antebellum, Civil War,
and Reconstruction eras, including--
(i) 6 individuals with expertise in
history;
(ii) 1 individual with specific expertise
in art history, historic preservation, or a
related field;
(iii) 1 individual with expertise in
anthropology, cultural geography, sociology, or
a related field; and
(iv) 1 individual with expertise in
political science, law, economics, or a related
field.
(b) Terms.--Members shall be appointed for the life of the
Commission.
(c) Vacancies.--Any vacancy in the Commission shall not affect its
powers, and shall be filled in the same manner as the original
appointment.
(d) Initial Appointments.--The appointment of the members of the
Commission shall be made not later than 60 days after the date of the
enactment of this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Meetings.--
(1) Initial meeting.--Not later than 60 days after the date
on which all members of the Commission have been appointed, the
members appointed under subparagraphs (A) and (B) of section
4(a)(2) shall call the first meeting of the Commission.
(2) Subsequent meetings.--The Commission shall hold
subsequent meetings at the call of the chairperson.
(b) Chairperson and Vice Chairperson.--At the initial meeting, the
Commission shall elect a Chairperson and Vice Chairperson from among
its voting members.
(c) Quorum.--A majority of voting members shall constitute a
quorum, but a lesser number may hold meetings.
(d) Voting.--
(1) In general.--The Commission shall act only on an
affirmative vote of a majority of the voting members of the
Commission.
(2) Nonvoting members.--The individuals appointed under
subparagraphs (A) and (B) of section 4(a)(1) shall be nonvoting
members, and shall serve only in an advisory capacity.
SEC. 6. DUTIES OF THE COMMISSION.
(a) Activities Related to the Sesquicentennial.--The Commission
shall--
(1) plan, develop, and carry out programs and activities
appropriate to commemorate the sesquicentennial of the Civil
War;
(2) encourage interdisciplinary examination of the Civil
War;
(3) facilitate Civil War-related activities throughout the
United States;
(4) encourage civic, historical, educational, economic, and
other organizations throughout the United States to organize
and participate in activities to expand the understanding and
appreciation of the significance of the Civil War;
(5) coordinate and facilitate the public distribution of
scholarly research, publications, and interpretations of the
Civil War;
(6) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration of the
sesquicentennial of the Civil War;
(7) develop programs and facilities to ensure that the
sesquicentennial commemoration of the Civil War results in a
positive legacy and long-term public benefit; and
(8) encourage the development and conduct of programs
designed to involve the international community in activities
that commemorate the Civil War.
(b) Plans and Report.--
(1) Strategic plan and annual performance plans.--The
Commission shall prepare a strategic plan in accordance with
section 306 of title 5, United States Code, and annual
performance plans in accordance with section 1115 of title 31,
United States Code, for the activities of the Commission
carried out under this Act.
(2) Reports.--
(A) Annual report.--The Commission shall submit to
Congress an annual report that contains a list of each
gift, bequest, or devise with a value of more than
$250, together with the identity of the donor of each
such gift, bequest, or devise.
(B) Final report.--Not later than December 30,
2015, the Commission shall submit to Congress a final
report that contains--
(i) a summary of activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
SEC. 7. GRANT PROGRAM.
(a) Grants Authorized.--The National Endowment for the Humanities
shall award grants under this section for the uses described in
subsection (b).
(b) Use of Grants.--Grants awarded under this section shall be used
for appropriate activities relating to the sesquicentennial of the
Civil War.
(c) Consideration.--In awarding grants under this section, the
National Endowment of the Humanities shall consider established
university, museum, or academic programs with national scope that
sponsor multidisciplinary projects, including those that concentrate on
the role of African Americans in the Civil War.
SEC. 8. POWERS OF THE COMMISSION.
(a) In General.--The Commission may--
(1) solicit, accept, use, and dispose of gifts, bequests,
or devises of money or other real or personal property for the
purpose of aiding or facilitating the work of the Commission;
(2) appoint any advisory committee as the Commission
considers appropriate for the purposes of this Act;
(3) authorize any voting member or employee of the
Commission to take any action that the Commission is authorized
to take under this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements to
carry out this Act (except that any contracts, leases, or other
legal agreements entered into by the Commission shall not
extend beyond the date of the termination of the Commission);
and
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies.
SEC. 9. PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission, and
members of any advisory committee appointed under section 8(a)(2),
shall serve without compensation.
(b) Travel Expenses.--Members of the Commission, and members of any
advisory committees appointed under section 8(a)(2), shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to civil service laws (including regulations),
appoint and terminate an executive director and such other
additional personnel as are necessary to enable the Commission
to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Government Employees.--
(1) In general.--At the request of the Commission, the head
of any Federal agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of the agency to
the Commission to assist the Commission in carrying out the
duties of the Commission under this Act.
(2) Civil service status.--The detail of an employee under
paragraph (1) shall be without interruption or loss of civil
service status or privilege.
(e) Volunteer and Uncompensated Services.--Notwithstanding section
1342 of title 31, United States Code, the Commission may accept and use
voluntary and uncompensated services as the Commission determines
necessary.
(f) Support Services.--The Director of the National Park Service
shall provide to the Commission, on a reimbursable basis, such
administrative support services as the Commission may request.
(g) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at daily
rates for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of such title.
(h) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(i) Termination.--The Commission shall terminate on the date that
is 90 days after the date on which the Commission submits its report
under section 6(b)(2).
SEC. 10. AUDIT OF COMMISSION.
The Inspector General of the Department of the Interior shall
perform an annual audit of the Commission and shall make the results of
the audit available to the public.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act (other than section 7) $200,000 for each of the fiscal
years 2005 through 2016.
(b) Grants.--There is authorized to be appropriated $3,500,000 to
the National Endowment for the
Humanities to provide grants under section 7, to remain available until
expended.
Passed the House of Representatives September 22, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties.
Requires the Commission to: (1) prepare a strategic plan and annual performance plans; and (2) submit to Congress an annual report that contains a list of each gift, bequest, or devise with a value of more than $250, together with the donor's identity, and a final report by December 30, 2015, containing the Commission's activities, findings, and recommendations, and a final accounting of funds. Directs the National Endowment for the Humanities to award grants, considering established university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War. Requires the Department of the Interior's Inspector General to perform an annual audit of the Commission and make the results public. Authorizes appropriations. | {"src": "billsum_train", "title": "To establish a commission to commemorate the sesquicentennial of the American Civil War."} | 3,074 | 239 | 0.586764 | 1.822251 | 0.796579 | 5.373134 | 13.895522 | 0.945274 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Commerce Enhancement Act
of 1997''.
SEC. 2. STUDIES ON USE OF DIGITAL SIGNATURES TO ENHANCE ELECTRONIC
COMMERCE.
The Assistant Secretary shall conduct an ongoing study of the
enhancement of electronic commerce due to the use of digital signatures
pursuant to this Act, and shall report findings to the Commerce
Committee of the House and to the Commerce, Science, and Transportation
Committee of the Senate not later than--
(1) 12 months; and
(2) 60 months;
after the date of enactment of this Act.
SEC. 3. ELECTRONIC AVAILABILITY OF FORMS.
The Director, in accordance with technical standards provided by
the Assistant Secretary under section 6, shall not later than 12 months
after the date of enactment of this Act establish a method for each
Federal agency to make its forms available electronically. Such forms
shall be--
(1) available for electronic submission (through use of a
digital signature when necessary);
(2) substantially identical in content and requirements to
any corresponding paper versions;
(3) available on an Internet web site controlled by the
Federal Government that contains an electronic link to the
website described in section 6(f) of this Act;
(4) available for downloading and printing;
(5) available for electronic storage by employers that are
required by law to collect, store, or file paper versions of
forms completed by employees; and
(6) acknowledged upon receipt by an agency through prompt
issuance of an electronic receipt.
SEC. 4. PAYMENTS.
Under the method established under section 2--
(1) any payment associated with a form submitted
electronically shall be no greater than the payment associated
with any corresponding printed version of such form;
(2) not less than 2 means of electronic payment shall be
provided, but such payment may not be required to precede
submission of a form; and
(3) a prompt receipt for electronic payment shall be issued
electronically to each person who submits a payment
electronically.
SEC. 5. USE OF DIGITAL SIGNATURES BY FEDERAL OFFICIALS.
(a) Agency Employees to Receive Digital Signatures.--The head of
each agency shall issue guidelines for determining how and which
employees in each respective agency shall be provided digital
signatures for use within the scope of their employment.
(b) Availability of Electronic Notice.--An agency may provide a
person entitled to receive written notice of a particular matter with
the opportunity to receive electronic notice instead.
SEC. 6. CERTIFICATES FOR DIGITAL SIGNATURES.
(a) Guidelines for Acceptance of Certificates.--The Director shall
issue guidelines governing the manner in which agencies may accept
certificates.
(b) Accreditation.--Under the guidelines issued under subsection
(a), an agency shall accept certificates issued by--
(1) the agency; or
(2) a trusted third party that is licensed or accredited
by--
(A) a State or local government; or
(B) an appropriate accreditation body.
(c) Trusted Third Party Liability.--Under the guidelines issued
under subsection (a), an agency may accept a certificate only from a
trusted third party that, in accordance with commercially reasonable
standards, accepts liability for and is insured against negligent
issuance or handling of certificates.
(d) Foreign Trusted Third Party.--The Secretary of State shall
determine from which foreign countries agencies may accept
certificates.
(e) Agency Establishment of Trusted Third Party.--No agency may
establish a trusted third party except to--
(1) provide digital signatures to its employees;
(2) issue certificates relating to messages sent by such
employees; or
(3) act as a reliable authority on behalf of another
trusted third party.
(f) Directory of Qualified Trusted Third Parties.--The Assistant
Secretary shall compile and post on a website controlled by the Federal
government a list of trusted third parties (along with an electronic
link, if any, to a web site controlled by each trusted third party)
that are qualified under this section to issue certificates.
SEC. 7. STANDARDS FOR DIGITAL SIGNATURES; EFFECT OF DIGITAL SIGNATURES.
(a) Technical Standards for Digital Signatures.--The Assistant
Secretary shall provide to the Director technical standards for the
digital signatures accepted for purposes of the method established
under section 2 or provided under section 4.
(b) Compatibility With Private Sector.--The standards referred to
in subsection (a) shall be compatible with standards and technology for
digital signatures used in commerce and industry and by State
governments.
(c) Reliability of Digital Signatures.--Under the standards
referred to in subsection (a), a digital signature shall be as reliable
as is appropriate for the purpose for which an electronic message
containing a digital signature is generated, in light of all the
circumstances, including any relevant agreement.
(d) Legal Significance of Digital Signatures.--For purposes of
digitally signed forms accepted under section 2, a digital signature
shall have the same force and effect as a written signature.
SEC. 8. EMPLOYER ELECTRONIC STORAGE OF FORMS.
If an employer is required by law to collect, store, or file paper
forms that are completed by employees, such employer may store such
forms electronically if such forms are submitted electronically.
SEC. 9. IMPLEMENTATION BY AGENCIES.
(a) Implementation.--Not later than 36 months after the date of
enactment of this Act, each agency shall implement the method
established under section 2 of this Act and the guidelines issued under
section 4 of this Act.
(b) Report to Congress.--Not later than 12 months after the date of
enactment of this Act, the Assistant Secretary shall submit a report to
the Commerce Committee of the House and to the Commerce, Science, and
Transportation Committee of the Senate that details the technical
standards described in section 6.
SEC. 10. DEFINITIONS.
For purposes of this Act:
(1) Assistant Secretary.--The term ``Assistant Secretary''
means the Assistant Secretary for Communications and
Information (the head of the National Telecommunications and
Information Administration) of the Department of Commerce.
(1) Agency.--The term ``agency'' has the meaning given the
term ``executive agency'' in section 105 of title 5, United
States Code.
(2) Certificate.--(A) The term ``certificate'' means a
statement meeting the requirements of subparagraph (B) that
permits a person holding such statement to determine that a
digitally signed message--
(i) was signed by the person whose digital
signature appears to be attached to the message; and
(ii) has not been altered since the digital
signature was attached.
(B) For purposes of subparagraph (A), the statement must--
(i) identify the trusted third party or agency
issuing such statement;
(ii) identify the person whose digital signature
the trusted third party or agency is authenticating
with such statement;
(iii) specify the operational period of such
statement; and
(iv) be digitally signed by the trusted third party
or agency issuing such statement.
(3) Digital signature.--The term ``digital signature''
means a method of signing an electronic message that--
(A) identifies a particular person as the source of
such electronic message; and
(B) indicates such person's approval of the
information contained in such electronic message.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Form.--The term ``form'' means a document produced by
an agency--
(A) that is used by the agency to facilitate
interaction between the agency and persons;
(B) that is completed by a person by inserting
information as required by the agency;
(C) that is submitted to an agency more than 1,000
times per year; and
(D) that is not required to be completed in the
presence of a Federal official or at a particular
location.
(6) Reliable authority.--The term ``reliable authority''
means an entity licensed to serve as a notary that vouches to a
trusted third party for the identity of a person who seeks a
certificate to be issued on such person's behalf.
(7) Trusted third party.--The term ``trusted third party''
means an entity (other than an agency) that issues a
certificate. | Electronic Commerce Enhancement Act of 1997 - Directs the Assistant Secretary for Communications and Information (the head of the National Telecommunications and Information Administration) of the Department of Commerce to conduct an ongoing study of and report to specified committees concerning the enhancement of electronic commerce due to the use of digital signatures pursuant to this Act.
Directs the Director of the Office of Management and Budget to establish a method for each Federal agency to make its forms available electronically. Provides for making payments electronically pursuant to such forms.
Sets forth provisions concerning guidelines and standards for digital signatures and certificates.
Permits employers to store forms electronically if such forms are submitted electronically. | {"src": "billsum_train", "title": "Electronic Commerce Enhancement Act of 1997"} | 1,860 | 139 | 0.654831 | 1.830625 | 0.744183 | 5.176 | 13.608 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayers' Defense Act of 1998''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules subject to mandatory congressional review
``A rule that establishes or increases a tax, however denominated,
shall not take effect before the date of the enactment of a bill
described in section 816 and is not subject to review under subchapter
I. This section does not apply to a rule promulgated under the Internal
Revenue Code of 1986.
``Sec. 816. Agency submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of the rule and an explanation of it. An agency shall submit such
a report separately for each such rule it promulgates. The explanation
shall consist of the concise general statement of the rule's basis and
purpose required by section 553 and such explanatory documents as are
mandated by other statutory requirements.
``Sec. 817. Approval bill
``(a)(1) Not later than 3 legislative days after the date on which
an agency submits a report under section 816, the Majority Leader of
each House of Congress shall introduce (by request) a bill the matter
after the enacting clause of which is as follows: ``The following
agency rule is approved and shall have the force and effect of law:''.
The text of the agency rule submitted under section 816 shall be set
forth after the colon. If such a bill is not introduced in a House of
Congress as provided in the first sentence of this subsection, any
Member of that House may introduce such a bill not later than 7
legislative days after the period for introduction by the Majority
Leader.
``(2) A bill introduced under paragraph (1) shall be referred to
the Committees in each House of Congress with jurisdiction over the
subject matter of the rule involved.
``(b)(1)(A) Any committee of the House of Representatives to which
a bill is referred shall report it without amendment, and with or
without recommendation, not later than the 30th calendar day of session
after the date of its introduction. If any committee fails to report
the bill within that period, it is in order to move that the House
discharge the committee from further consideration of the bill. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time designated by the Speaker on the legislative day after
the calendar day on which the Member offering the motion announces to
the House his intention to do so and the form of the motion). The
motion is highly privileged. Debate thereon shall be limited to not
more than one hour, the time to be divided in the House equally between
the proponent and an opponent. The previous question shall be
considered as ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
``(B) After a bill is reported or a committee has been discharged
from further consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the State of the Union
for consideration of the bill. If reported and the report has been
available for at least one calendar day, all points of order against
the bill and against consideration of the bill are waived. If
discharged, all points of order against the bill and against
consideration of the bill are waived. The motion is highly privileged.
A motion to reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. During consideration of the bill in
the Committee of the Whole, the first reading of the bill shall be
dispensed with. General debate shall proceed, shall be confined to the
bill, and shall not exceed one hour equally divided and controlled by a
proponent and an opponent of the bill. After general debate, the bill
shall be considered as read for amendment under the five-minute rule.
At the conclusion of the consideration of the bill, the Committee shall
rise and report the bill to the House without intervening motion. The
previous question shall be considered as ordered on the bill to final
passage without intervening motion. A motion to reconsider the vote on
passage of the bill shall not be in order.
``(C) Appeals from decisions of the Chair regarding application of
the rules of the House of Representatives to the procedure relating to
a bill shall be decided without debate.
``(2)(A) Any bill introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to which a bill has
been referred shall report the bill without amendment not later than
the 30th day of session following the date of introduction of that
bill. If any committee fails to report the bill within that period,
that committee shall be automatically discharged from further
consideration of the bill and the bill shall be placed on the Calendar.
``(B) When the Senate receives from the House of Representatives a
bill, such bill shall not be referred to committee and shall be placed
on the Calendar.
``(C) A motion to proceed to consideration of a bill under this
subsection shall not be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was adopted or
rejected, although subsequent motions to proceed may be made under this
paragraph.
``(D)(i) After no more than 10 hours of consideration of a bill,
the Senate shall proceed, without intervening action or debate (except
as permitted under subparagraph (F)), to vote on the final disposition
thereof to the exclusion of all motions, except a motion to reconsider
or to table.
``(ii) A single motion to extend the time for consideration under
clause (i) for no more than an additional 5 hours is in order before
the expiration of such time and shall be decided without debate.
``(iii) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority Leader or
their designees.
``(E) A motion to recommit a bill shall not be in order.
``(F) If the Senate has read for the third time a bill that
originated in the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a bill for the
same special message received from the House of Representatives and
placed on the Calendar pursuant to subparagraph (B), strike all after
the enacting clause, substitute the text of the Senate bill, agree to
the Senate amendment, and vote on final disposition of the House bill,
all without any intervening action or debate.
``(G) Consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of a message from the House of
Representatives on a bill shall be limited to not more than 4 hours.
Debate on each motion or amendment shall be limited to 30 minutes.
Debate on any appeal or point of order that is submitted in connection
with the disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and controlled by
the proponent and the majority manager, unless the majority manager is
a proponent of the motion, amendment, appeal, or point of order, in
which case the minority manager shall be in control of the time in
opposition.
``Sec. 818. Congressional rulemaking power
``This subchapter is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a bill described in section 817 and
it supersedes other rules only to the extent that it is
inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Heading.--Chapter 8 of title 5, United States Code, is amended
by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review''
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory Congressional review.
``816. Agency submission.
``817. Approval bill.
``818. Congressional rulemaking power.''.
SEC. 4. FEDERAL COMMUNICATION COMMISSION RULES RELATING TO UNIVERSAL
SERVICE.
(a) Definition.--In this section, the term ``rule'' has the meaning
given such term under section 551(1) of title 5, United States Code.
(b) Submission of Rules.--Not later than 30 days after the date of
enactment of this Act, the Federal Communications Commission shall
submit a report described under section 816 of title 5, United States
Code (as added by section 2 of this Act) for each rule that--
(1) was promulgated by the Federal Communications
commission under section 254(h) of the Communications Act of
1934 (47 U.S.C. 254(h)) before the date of enactment of this
Act; and
(2) is in effect on the date of enactment of this Act or
will take effect after such date of enactment.
(c) Approval Bill.--Section 817 of title 5, United States Code (as
added by section 2 of this Act) shall apply with respect to each rule
described under subsection (b), except--
(1) during the 60-day period beginning on the date on which
an approval bill is introduced under section 817 of such title,
the applicable rule shall remain in effect or take effect, as
if this section had not been enacted; and
(2) if an approval bill is not enacted during such 60-day
period, the applicable rule shall have no force or effect after
such 60-day period. | Taxpayers' Defense Act of 1998 - Amends Federal law provisions concerning discretionary congressional review of agency rules to set forth provisions mandating that a rule that establishes or increases a tax, however denominated, shall not take effect before the enactment of a bill the text of which has been submitted to each House of the Congress by the agency promulgating the rule in a report that contains the bill's text and an explanation of the bill. Exempts a rule promulgated under the Internal Revenue Code.
Outlines introduction, referral, and consideration procedures for approval of the bill.
Applies the same requirements to certain Federal Communications Commission rules concerning universal service, except with respect to specified approval procedures. | {"src": "billsum_train", "title": "Taxpayers' Defense Act of 1998"} | 2,384 | 159 | 0.571001 | 1.623818 | 0.721179 | 3.338462 | 17.030769 | 0.876923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Tracking Improvement Act''.
SEC. 2. TRACEABILITY OF FOOD.
The Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) is
amended--
(1) in section 301, by inserting at the end the following:
``(jj) The failure to comply with any requirement of section 414A
(relating to the traceability of food).''; and
(2) in chapter IV, by inserting after section 414 the
following:
``SEC. 414A. TRACEABILITY OF FOOD.
``(a) Establishment of System.--Not later than 3 years after the
date of the enactment of this section, the Secretary shall establish a
traceability system described in subsection (b) for all stages of
manufacturing, processing, packaging, and distribution of food.
``(b) Description of System.--The traceability system required by
subsection (a) shall require each article of food shipped in interstate
commerce to be identified in a manner that enables the Secretary to
retrieve the history, use, and location of the article through a
recordkeeping and audit system, a secure, online database, or
registered identification.
``(c) Records.--
``(1) In general.--The Secretary may require that each
person required to identify an article of food pursuant to
subsection (b) maintain accurate records, as prescribed by the
Secretary, regarding the purchase, sale, and identification of
the article.
``(2) Access.--Each person described in paragraph (1)
shall, at all reasonable times, on notice by a duly authorized
representative of the Secretary, allow the representative to
access to each place of business of the person to examine and
copy the records described in paragraph (1).
``(3) Duration.--Each person described in paragraph (1)
shall maintain records as required under this subsection for
such period of time as the Secretary prescribes.
``(d) False Information.--No person shall falsify or misrepresent
to any other person or to the Secretary, any information as to any
location at which any article of food was held.
``(e) Alteration or Destruction of Records.--No person shall,
without authorization from the Secretary, alter, detach, or destroy any
records or other means of identification prescribed by the Secretary
for use in determining the location at which any article of food was
held.
``(f) Advisory Committee.--
``(1) In general.--In order to assist the Secretary in
implementing the traceability system under subsection (a), the
Secretary shall convene an advisory committee (referred to in
this subsection as the `Committee').
``(2) Membership.--The Committee shall consist of 13
members appointed by the Secretary which shall include--
``(A) an equitable number of food safety and
tracking technology experts, representatives of the
food industry, and consumer advocates; and
``(B) officials from the Center for Food Safety and
Applied Nutrition and the Office of Regulatory Affairs
of the Food and Drug Administration and the Agriculture
Marketing Service of the Department of Agriculture.
``(3) Chairperson.--The Secretary shall appoint a
Chairperson of the Committee.
``(4) Meeting.--The Committee shall convene not later than
180 days after the date of enactment of this section and
periodically thereafter at the call of the Chairperson.
``(5) Report of committee.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Committee shall
submit to the Secretary and the Office of the
Commissioner a report that describes the
recommendations regarding the most practicable approach
to providing for the traceability of food, including
the most efficient means of implementing the traceback
of contaminated foods.
``(B) Considerations.--In developing the report
under subparagraph (A), the Committee shall consider
the following approaches to providing for the
traceability of food:
``(i) A national database or registry
operated by the Food and Drug Administration.
``(ii) Electronic records identifying each
prior sale, purchase, or trade of the food and
its ingredients, and establishing that the food
and its ingredients were grown, prepared,
handled, manufactured, processed, distributed,
shipped, warehoused, imported, and conveyed
under conditions to ensure the safety of the
food. The records would include an electronic
statement with the date of, and the names and
addresses of all parties to, each prior sale,
purchase, or trade, and any other information
as appropriate.
``(iii) Standardized tracking numbers on
all shipments. These numbers would identify the
country of origin, the unique facility
registration number, date of production, and
lot number (if applicable).
``(iv) Recall performance standards for
each food or commodity type.
``(v) Safeguards for the combining,
repacking, or otherwise mixing of items of
food, particularly fresh produce.
``(vi) Other approaches that enable the
reliable tracking of food and food products.
``(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there is authorized to be appropriated $40,000,000
for the period of fiscal years 2009 through 2011.''. | Food Tracking Improvement Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit failing to comply with any requirement of this Act.
Requires the Secretary of Health and Human Services to: (1) establish a traceability system for all stages of manufacturing, processing, packaging, and distribution of food; and (2) convene an advisory committee to assist in implementing the system. Requires the system to identify each article of food shipped in interstate commerce in a manner that enables the Secretary to retrieve the history, use, and location of the article through a recordkeeping and audit system, a secure, online database, or registered identification.
Authorizes the Secretary to direct each person required to identify an article of food to maintain accurate records regarding the purchase, sale, and identification of the article. Requires each such person to allow authorized representatives of the Secretary to examine and copy records. Prohibits any person from: (1) falsifying or misrepresenting information as to the location at which any article of food was held; or (2) altering, detaching, or destroying any records or other means of identification for use in determining such a location. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to provide for the establishment of a traceability system for food, and for other purposes."} | 1,155 | 251 | 0.675582 | 1.95387 | 0.833607 | 5.162162 | 4.932432 | 0.918919 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lions Clubs International Century of
Service Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Lions Clubs International is the world's largest service
club organization founded in 1917 by Chicago business leader Melvin
Jones. Lions Clubs International empowers volunteers to serve their
communities, meet humanitarian needs, encourage peace and promote
international understanding through Lions clubs.
(2) Today, Lions Clubs International has over 1.35 million
members in more than 45,000 clubs globally, extending its mission
of service throughout the world every day.
(3) In 1945, Lions Clubs International became one of the first
nongovernmental organizations invited to assist in drafting the
United Nations Charter and has enjoyed a special relationship with
the United Nations ever since.
(4) In 1968, Lions Clubs International Foundation was
established to assist with global and large-scale local
humanitarian projects and has since then awarded more than $700
million to fund five unique areas of service: preserving sight,
combating disability, promoting health, serving youth and providing
disaster relief.
(5) In 1990, the Lions Clubs International Foundation launched
the SightFirst program to build comprehensive eye care systems to
fight the major causes of blindness and care for the blind or
visually impaired. Thanks to the generosity of Lions worldwide,
over $415 million has been raised, resulting in the prevention of
serious vision loss in 30 million people and improved eye care for
hundreds of millions of people.
(6) On June 7, 2017, Lions Clubs International will celebrate
100 years of community service to men, women, and children in need
throughout the world.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 $1 coins in commemoration of the centennial of the
founding of the Lions Clubs International, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the centennial of the Lions Clubs
International.
(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 ``2017''; 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) chosen by the Secretary after consultation with Lions Clubs
International Special Centennial Planning Committee and the
Commission of Fine Arts; 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 Facility.--Only one 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 under this
Act only during the calendar year beginning on January 1, 2017.
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 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 $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Lions Clubs International Foundation for the purposes of--
(1) furthering its programs for the blind and visually impaired
in the United States and abroad;
(2) investing in adaptive technologies for the disabled; and
(3) investing in youth and those affected by a major disaster.
(c) Audits.--The Lions Clubs International Foundation 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. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Lions Clubs International Century of Service Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue as legal tender up to 400,000 $1 coins in commemoration of the centennial of the founding of the Lions Clubs International. Requires the design of the coins to be emblematic of the centennial.
Permits the Secretary to issue such coins only during calendar 2017.
Requires coin sales to include a surcharge of $10 per coin, to be paid by the Secretary to the Lions Clubs International Foundation.
Subjects such Foundation to specified audit requirements with regard to the funds received from the Secretary. | {"src": "billsum_train", "title": "To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the establishment of Lions Clubs International."} | 1,633 | 138 | 0.513696 | 1.592977 | 0.743862 | 3.877193 | 13.131579 | 0.912281 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans' Electronic Health Record
Modernization Oversight Act of 2017''.
SEC. 2. OVERSIGHT OF ELECTRONIC HEALTH RECORD MODERNIZATION PROGRAM.
(a) Program Documents.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs shall
submit to the appropriate congressional committees the following
documents concerning the Electronic Health Record Modernization
Program:
(1) Integrated Master Plan.
(2) Integrated Master Schedule.
(3) Program Management Plan.
(4) Annual and lifecycle cost estimates, including, at a
minimum, cost elements relating to--
(A) Federal Government labor;
(B) contractor labor;
(C) hardware;
(D) software; and
(E) testing and evaluation.
(5) Cost baseline.
(6) Risk Management Plan.
(7) Health IT Strategic Architecture Plan.
(8) Transition Plan for implementing updated architecture.
(9) Data Migration Plan.
(10) System and Data Security Plan.
(11) Application Implementation Plan.
(12) System Design Documents.
(13) Legacy Veterans Information Systems and Technology
Architecture Standardization, Security Enhancement, and
Consolidation Project Plan.
(14) Health Data Interoperability Management Plan.
(15) Community Care Vision and Implementation Plan,
including milestones and a detailed description of how complete
interoperability with non-Department health care providers will
be achieved.
(b) Quarterly Updates.--Not later than 30 days after the end of
each fiscal quarter during the period beginning with the fiscal quarter
in which this Act is enacted and ending on the date on which the
Electronic Health Record Modernization Program is completed, the
Secretary shall submit to the appropriate congressional committees the
most recent updated versions, if any exist, of the following documents:
(1) Integrated Master Schedule.
(2) Program Management Plan, including any written Program
Management Review material developed for the Program Management
Plan during the fiscal quarter covered by the submission.
(3) Each document described in subsection (a)(4).
(4) Performance Baseline Report for the fiscal quarter
covered by the submission or for the fiscal quarter ending the
fiscal year prior to the submission.
(5) Budget Reconciliation Report.
(6) Risk Management Plan and Risk Register.
(c) Contracts.--Not later than 5 days after awarding a contract,
order, or agreement, including any modifications thereto, under the
Electronic Health Record Modernization Program, the Secretary shall
submit to the appropriate congressional committees a copy of the entire
such contract, order, agreement, or modification.
(d) Notification.--
(1) Requirement.--Not later than 10 days after an event
described in paragraph (2) occurs, the Secretary shall notify
the appropriate congressional committees of such occurrence,
including a description of the event and an explanation for why
such event occurred.
(2) Event described.--An event described in this paragraph
is any of the following events regarding the Electronic Health
Record Modernization Program:
(A) The delay of any milestone or deliverable by 30
or more days.
(B) A request for equitable adjustment, equitable
adjustment, or change order exceeding $1,000,000 (as
such terms are defined in the Federal Acquisition
Regulation).
(C) The submission of any protest, claim, or
dispute, and the resolution of any protest, claim, or
dispute (as such terms are defined in the Federal
Acquisition Regulation).
(D) A loss of clinical or other data.
(E) A breach of patient privacy, including any--
(i) disclosure of protected health
information that is not permitted under
regulations promulgated under section 264(c) of
the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191;
42 U.S.C. 1320d-2 note); and
(ii) breach of sensitive personal
information (as defined in section 5727 of
title 38, United States Code).
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Veterans' Affairs of the
House of Representatives and the Senate; and
(B) the Committees on Appropriations of the House
of Representatives and the Senate.
(2) The term ``Electronic Health Record Modernization
Program'' means--
(A) any activities by the Department of Veterans
Affairs to procure or implement an electronic health or
medical record system to replace any or all of the
Veterans Information Systems and Technology
Architecture, the Computerized Patient Record System,
the Joint Legacy Viewer, or the Enterprise Health
Management Platform; and
(B) any contracts or agreements entered into by the
Secretary of Veterans Affairs to carry out, support, or
analyze the activities under subparagraph (A).
Passed the House of Representatives May 21, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Veterans' Electronic Health Record Modernization Oversight Act of 2017 (Sec. 2) This bill directs the Department of Veterans Affairs to provide Congress with: certain planning and implementation documents and contracts related to its Electronic Health Record Modernization program to implement an electronic health or medical record system to replace any or all of the Veterans Information Systems and Technology Architecture, the Computerized Patient Record System, the Joint Legacy Viewer, or the Enterprise Health Management Platform; quarterly updates of certain of such documents; copies of related contracts, orders, or agreements within 5 days; and notice within 10 days of delays of any milestone or deliverable exceeding 30 days, change requests exceeding $1 million, protest submissions, data losses, or breaches of patient privacy. | {"src": "billsum_train", "title": "Veterans\u2019 Electronic Health Record Modernization Oversight Act of 2017"} | 1,041 | 150 | 0.578654 | 1.637945 | 0.666453 | 3.489655 | 7.02069 | 0.813793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forensic Sciences
Improvement Act of 1999''.
SEC. 2. IMPROVING THE QUALITY, TIMELINESS, AND CREDIBILITY OF FORENSIC
SCIENCE SERVICES FOR CRIMINAL JUSTICE PURPOSES.
(a) Description of Drug Control and System Improvement Grant
Program.--Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 375(b)) is amended--
(1) in paragraph (25), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end, the following:
``(27) improving the quality, timeliness, and credibility
of forensic science services for criminal justice purposes.''.
(b) State Applications.--Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end of the following:
``(13) If any part of the amount received from a grant
under this part is to be used to improve the quality,
timeliness, and credibility of forensic science services for
criminal justice purposes, a certification that, as of the date
of enactment of this paragraph, the State has an established--
``(A) forensic science laboratory or forensic
science laboratory system, that--
``(i) employs 1 or more full-time
scientists--
``(I) whose principle duties are
the examination of physical evidence
for law enforcement agencies in
criminal matters; and
``(II) who provide testimony with
respect to such physical evidence to
the criminal justice system;
``(ii) employs generally accepted practices
and procedures, as established by appropriate
accrediting organizations; and
``(iii) is accredited by the Laboratory
Accreditation Board of the American Society of
Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a
portion of the grant amount to prepare and
apply for such accreditation by not later than
2 years after the date on which a grant is
initially awarded under this paragraph; or
``(B) medical examiner's office (as defined by the
National Association of Medical Examiners) that--
``(i) employs generally accepted practices
and procedures, as established by appropriate
accrediting organizations; and
``(ii) is accredited by the Laboratory
Accreditation Board of the American Society of
Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a
portion of the grant amount to prepare and
apply for such accreditation by not later than
2 years after the date on which a grant is
initially awarded under this paragraph.''.
(c) Forensic Sciences Improvement Grants.--
(1) In general.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--
(A) by redesignating part Z as part AA and
redesignating section 2601 as section 2701; and
(B) by inserting after part Y the following:
``PART Z--FORENSIC SCIENCES IMPROVEMENT GRANTS
``SEC. 2601. GRANT AUTHORIZATION.
``The Attorney General shall award grants to States in accordance
with this part.
``SEC. 2602. APPLICATIONS.
``To request a grant under this part, a State shall submit to the
Attorney General--
``(1) a certification that the State has developed a
consolidated State plan under a program described in section
2604(a), and a specific description of the manner in which the
grant will be used to carry out that plan;
``(2) a certification that any forensic science laboratory
system, medical examiner's office, or coroner's office in the
State that will receive any portion of the grant amount uses
generally accepted laboratory practices and procedures,
established by accrediting organizations; and
``(3) a specific description of any new facility to be
constructed as part of the program described in paragraph (1),
and the estimated costs of that facility, and a certification
that grant will not be used to fund more than 40 percent of the
total costs of that facility.
``SEC. 2603. ALLOCATION.
``(a) In General.--Of the amount made available to carry out this
part in each fiscal year, each State that meets the requirements of
section 2602 shall receive an amount that bears the same ratio to the
total amount made available to carry out this part for that fiscal year
as the population of the State bears to the population of all States.
``(b) State Defined.--In this section, the term `State' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, except that--
``(1) for purposes of the allocation under this section,
American Samoa and the Commonwealth of the Northern Mariana
Islands shall be considered as 1 State; and
``(2) for purposes of paragraph (1), 67 percent of the
amount allocated shall be allocated to American Samoa, and 33
percent shall be allocated to the Commonwealth of the Northern
Mariana Islands.
``SEC. 2604. USE OF GRANTS.
``(a) In General.--A State that receives a grant under this part
shall use the grant to carry out all or a substantial part of a program
intended to improve the quality and timeliness of forensic science or
medical examiner services in the State.
``(b) Permitted Categories of Funding.--Subject to subsections (c)
and (d), a grant awarded under this part--
``(1) may only be used for program expenses relating to
facilities, personnel, computerization, equipment, supplies,
accreditation and certification, education, and training; and
``(2) may not be used for any general law enforcement or
nonforensic investigatory function.
``(c) Facilities Costs.--A grant awarded under this part may not be
used to fund more than 40 percent of the total costs of any new
facility constructed as part of a program described in subsection (a).
``(d) Administrative Costs.--Not more than 10 percent of the total
amount of a grant awarded under this part may be used for
administrative expenses.
``SEC. 2605. ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate such
guidelines, regulations, and procedures as may be necessary to carry
out this part, including guidelines, regulations, and procedures
relating to the submission and review of applications for grants under
section 2602.
``(b) Expenditure Records.--
``(1) Records.--Each State that receives a grant under this
part shall maintain such records as the Attorney General may
require to facilitate an effective audit relating to the
receipt of the grant, or the use of the grant amount.
``(2) Access.--The Attorney General and the Comptroller
General of the United States, or a designee thereof, shall have
access, for the purpose of audit and examination, to any book,
document, or record of a State that receives a grant under this
part, if, in the determination of the Attorney General,
Comptroller General, or designee thereof, the book, document,
or record is related to the receipt of the grant, or the use of
the grant amount.
``SEC. 2606. REPORTS.
``(a) Reports to Attorney General.--For each fiscal year for which
a grant is awarded under this part, each State that receives such a
grant shall submit to the Attorney General a report, at such time and
in such manner as the Attorney General may reasonably require, which
report shall include--
``(1) a summary and assessment of the program carried out
with the grant; and
``(2) such other information as the Attorney General may
require.
``(b) Reports to Congress.--Not later than 90 days after the last
day of each fiscal year for which 1 or more grants are awarded under
this part, the Attorney General shall submit to the Speaker of the
House of Representatives and the President pro tempore of the Senate, a
report, which shall include--
``(1) the aggregate amount of grants awarded under this
part for that fiscal year; and
``(2) a summary of the information provided under
subsection (a).''.
(2) Authorization of appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3753(a)) is amended by adding at the end the
following:
``(24) There are authorized to be appropriated to carry out
part Z, to remain available until expended--
``(A) $215,600,000 for fiscal year 2000;
``(B) $204,600,000 for fiscal year 2001;
``(C) $194,600,000 for fiscal year 2002;
``(D) $87,600,000 for fiscal year 2003; and
``(E) $65,600,000 for fiscal year 2004.''.
(3) Table of contents.--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 table of contents. | National Forensic Sciences Improvement Act of 1999 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (the Act) to: (1) include among permissible uses of drug control and system improvement (Byrne) grants improving the quality, timeliness, and credibility of forensic science services for criminal justice purposes; and (2) require State certification that it has established a forensic science laboratory or laboratory system or a medical examiner's office that meets specified requirements, with respect to any such grant for such purpose.
Amends the Act to require a State to submit to the Attorney General: (1) a certification that the State has developed a consolidated State plan that meets specified requirements and a specific description of the manner in which the grant will be used to carry out that plan; (2) a certification that any forensic science laboratory system, medical examiner's office, or coroner's office in the State that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations; and (3) a specific description of any new facility to be constructed as part of the program, estimated costs of that facility, and a certification that the grant will not be used to fund more than 40 percent of such facility's total costs.
Prohibits the use of grant funds for any general law enforcement or non-forensic investigatory function. Limits facilities and administrative costs.
Sets forth provisions regarding record-keeping (and access to records and documents) and reporting requirements. Authorizes appropriations. | {"src": "billsum_train", "title": "National Forensic Sciences Improvement Act of 1999"} | 2,153 | 335 | 0.635222 | 1.930145 | 0.88644 | 5.827703 | 6.540541 | 0.922297 |
SECTION 1. EXCLUSION FROM GROSS INCOME OF QUALIFIED LESSEE CONSTRUCTION
ALLOWANCES NOT LIMITED TO SHORT-TERM LEASES.
(a) In General.--Subsection (a) of section 110 of the Internal
Revenue Code of 1986 (relating to qualified lessee construction
allowances for short term leases) is amended by striking the period at
the end and inserting ``, and the amount expended meets the
requirements of the expenditure rule. Paragraph (1) shall not apply if
the lessee is a qualified retail business (as defined by section
118(d)(3) without regard to the proximity requirement in subparagraph
(A) thereof).''.
(b) Expenditure Rule.--Section 110 of such Code is amended by
redesignating subsections (b),(c), and (d) as subsections (c), (d), and
(e), respectively, and by inserting after subsection (a) the following
new subsection:
``(b) Expenditure Rule.--An expenditure meets the requirements of
this subsection if the expenditure occurs before the end of the second
taxable year after such amount was received.''.
(c) Conforming Amendments.--
(1) The section heading for section 110 of such Code is
amended by striking ``for short-term leases''.
(2) The item relating to section 110 in the table of
sections for part III of subchapter B of chapter 1 of such Code
is amended by striking ``for short-term leases''.
(d) Effective Date.--The amendments made by this section shall
apply to leases entered into after the date of the enactment of this
Act.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR CERTAIN CONTRIBUTIONS TO THE
CAPITAL OF CERTAIN RETAILERS.
(a) In General.--Section 118 of the Internal Revenue Code of 1986
(relating to contributions to the capital of a corporation) is amended
by redesignating subsections (d) and (e) as subsections (e) and (f),
respectively, and by inserting after subsection (c) the following new
subsection:
``(d) Safe Harbor for Contributions to Certain Retailers.--
``(1) General rule.--For purposes of this section, the term
`contribution to the capital of the taxpayer' includes any
amount of money or other property received by the taxpayer if--
``(A) the taxpayer has entered into an agreement to
operate (or cause to be operated) a qualified retail
business at a particular location for a period of at
least 15 years,
``(B)(i) immediately after the receipt of such
money or other property, the taxpayer owns the land and
the structure to be used by the taxpayer in carrying on
a qualified retail business at such location, or
``(ii) the taxpayer uses such amount to acquire
ownership of at least such land and structure,
``(C) such amount meets the requirements of the
expenditure rule of paragraph (2), and
``(D) the contributor of such amount does not hold
a beneficial interest in any property located on the
premises of such qualified retail business other than
de minimis amounts of property associated with the
operation of property adjacent to such premises.
``(2) Expenditure rule.--An amount meets the requirements
of this paragraph if--
``(A) an amount equal to such amount is expended
for the acquisition of land or for acquisition or
construction of other property described in section
1231(b)--
``(i) which was the purpose motivating the
contribution, and
``(ii) which is used predominantly in a
qualified retail business at the location
referred to in paragraph (1)(A),
``(B) the expenditure referred to in subparagraph
(A) occurs before the end of the second taxable year
after the year in which such amount was received, and
``(C) accurate records are kept of the amounts
contributed and expenditures made on the basis of the
project for which the contribution was made and on the
basis of the year of the contribution expenditure.
``(3) Definition of qualified retail business.--
``(A) In general.--Except as provided in
subparagraph (B), the term `qualified retail business'
means a trade or business of selling tangible personal
property to the general public if the premises on which
such trade or business is conducted is in close
proximity to property that the contributor of the
amount referred to in paragraph (1) is developing or
operating for profit (or, in the case of a contributor
which is a governmental entity, is attempting to
revitalize).
``(B) Services.--A trade or business shall not fail
to be treated as a qualified retail business by reason
of sales of services if such sales are incident to the
sale of tangible personal property or if the services
are de minimis in amount.
``(4) Special rules.--
``(A) Leases.--For purposes of paragraph (1),
property shall be treated as owned by the taxpayer if
the taxpayer is the lessee of such property under a
lease having a term of at least 30 years and on which
only nominal rent is required.
``(B) Controlled groups.--For purposes of this
subsection, all persons treated as a single employer
under subsection (a) or (b) of section 52 shall be
treated as one person.
``(5) Disallowance of deductions and credits; adjusted
basis.--Notwithstanding any other provision of this subtitle,
no deduction or credit shall be allowed for, or by reason of,
any amount received by the taxpayer which constitutes a
contribution to capital to which this subsection applies. The
adjusted basis of any property acquired with the contributions
to which this subsection applies shall be reduced by the amount
of the contributions to which this subsection applies.
``(6) Regulations.--The Secretary shall prescribe such
regulations are appropriate to prevent the abuse of the
purposes of the subsection, including regulations which
allocate income and deductions (or adjust the amount excludable
under this subsection) in cases in which--
``(A) payments in excess of fair market value are
paid to the contributor by the taxpayer, or
``(B) the contributor and the taxpayer are related
parties.''.
(b) Conforming Amendment.--Subsection (e) of section 118 of such
Code (as redesignated by subsection (a)) is amended by adding at the
end the following flush sentence:
``Rules similar to the rules of the preceding sentence shall apply to
any amount treated as a contribution to the capital of the taxpayer
under subsection (d).''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act. | Amends the Internal Revenue Code, with respect to the exclusion from a lessee's gross income of qualified construction allowances for short-term leases, to require that in order to qualify for the exclusion the construction expenditure must occur before the end of the second taxable year after the allowance was received.Revises the exclusion from gross income (safe harbor) for certain contributions to the capital of a corporation to extend such exclusion to money or other property received by a retailer under specified conditions concerning length of business operation at a particular location and land and structure ownership at such location.Declares that a taxpayer shall be treated as owning the land if the taxpayer is the lessee of such land under a lease having a term of at least 30 years, and on which only nominal rent is required.Disallows any deduction or credit for, or by reason of, any amount received by the taxpayer which constitutes a contribution to capital. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to clarify the rules relating to lessee construction allowances and to contributions to the capital of retailers."} | 1,496 | 208 | 0.568608 | 1.576451 | 0.823821 | 3.668571 | 7.862857 | 0.891429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Juan Mountains Wilderness Act of
2011''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs
(20) through (22) of section 2(a) of the Colorado
Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law
103-77; 107 Stat. 756); and
(B) land in the Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means the Sheep Mountain Special Management Area
designated by section 4(a).
(4) State.--The term ``State'' means the State of Colorado.
SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77; 107 Stat. 756) is amended by adding at the end
the following:
``(20) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,350 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine, Black
Face and San Bernardo Additions to the Lizard Head Wilderness'
and dated December 1, 2010, which is incorporated in, and shall
be administered as part of, the Lizard Head Wilderness.
``(21) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--
Certain Federal land in the Grand Mesa, Uncompahgre,
and Gunnison National Forests comprising approximately
8,250 acres, as generally depicted on the map entitled
`Proposed Liberty Bell and Last Dollar Additions to the
Mt. Sneffels Wilderness' and dated December 1, 2010,
which is incorporated in, and shall be administered as
part of, the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land
in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 13,000 acres, as
generally depicted on the map entitled `Proposed
Whitehouse Additions to the Mt. Sneffels Wilderness'
and dated December 1, 2010, which is incorporated in,
and shall be administered as part of, the Mount
Sneffels Wilderness.
``(22) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,600 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `McKenna Peak Wilderness' and dated November 10,
2010, to be known as the `McKenna Peak Wilderness'.''.
SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Designation.--Certain Federal land in the Grand Mesa,
Uncompahgre, and Gunnison and San Juan National Forests comprising
approximately 21,620 acres as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated December
2, 2010, is designated as the ``Sheep Mountain Special Management
Area''.
(b) Purpose.--The purpose of the Special Management Area is to
conserve and protect for the benefit and enjoyment of present and
future generations the geological, cultural, archaeological,
paleontological, natural, scientific, recreational, wilderness,
wildlife, riparian, historical, educational, and scenic resources of
the Special Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Area in a manner that--
(A) conserves, protects, and enhances the resources
and values of the Special Management Area described in
subsection (b);
(B) maintains or improves the wilderness character
of the Special Management Area and the suitability of
the Special Management Area for potential inclusion in
the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of
1976 (16 U.S.C. 1600 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Area:
(A) Permanent roads.
(B) Except as necessary to meet the minimum
requirements for the administration of the Federal land
and to protect public health and safety--
(i) the use of motor vehicles, motorized
equipment, or mechanical transport (other than
provided in paragraph (3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any
activities (including helicopter access for recreation
and maintenance) that have been authorized by permit or
license as of the date of enactment of this Act to
continue within the Special Management Area, subject to
such terms and conditions as the Secretary may require.
(B) Permitting.--The designation of the Special
Management Area by subsection (a) shall not affect the
issuance of permits relating to the activities covered
under subparagraph (A) after the date of enactment of
this Act.
(d) Water.--
(1) Effect.--Nothing in this section--
(A) affects the use or allocation, in existence on
the date of enactment of this Act, of any water, water
right, or interest in water;
(B) affects any vested absolute or decreed
conditional water right in existence on the date of
enactment of this Act, including any water right held
by the United States;
(C) affects any interstate water compact in
existence on the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal
water rights; or
(E) shall be considered to be a relinquishment or
reduction of any water rights reserved or appropriated
by the United States in the State on or before the date
of enactment of this Act.
(2) State water law.--The Secretary shall follow the
procedural requirements of State law in order to obtain and
hold any water rights not in existence on the date of enactment
of this Act with respect to the covered land.
(3) New or expanded projects.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
Act, neither the President nor any other officer, employee, or
agent of the United States shall fund, assist, authorize, or
issue a license or permit for the development of any new
irrigation and pumping facility, reservoir, water conservation
work, aqueduct, canal, ditch, pipeline, well, hydropower
project, transmission, other ancillary facility, or other
water, diversion, storage, or carriage structure in the covered
land.
SEC. 5. ADMINISTRATIVE PROVISIONS.
(a) Authorized Events.--The Secretary may continue to authorize the
competitive running event permitted since 1992 in the vicinity of the
Special Management Area and the Liberty Bell addition to the Mount
Sneffels Wilderness designated by section 2(a)(21) of the Colorado
Wilderness Act of 1993 (as added by section 3) in a manner compatible
with the preservation of the areas as wilderness.
(b) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction or responsibility of the State with respect to fish and
wildlife in the State.
(c) No Buffer Zones.--
(1) In general.--Nothing in this Act creates a protective
perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the conduct of the activity or use outside the
boundary of the covered land.
(d) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(20) through (22) of section 2(a) of the Colorado Wilderness
Act of 1993 (as added by section 3) and the Special Management
Area with--
(A) the Committee on Natural Resources of the House
of Representatives; and
(B) the Committee on Energy and Natural Resources
of the Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct clerical
and typographical errors in each map and legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(e) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of the Special Management Area or
the wilderness designated under paragraphs (20) through (22) of
section 2(a) of the Colorado Wilderness Act of 1993 (as added
by section 3) only through exchange, donation, or purchase from
a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special Management
Area in which the land or interest in land is located.
(f) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall be
permitted to continue subject to such reasonable regulations as are
considered necessary by the Secretary with jurisdiction over the
covered land, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. Rept.
96-617).
(g) Withdrawal.--Subject to valid rights in existence on the date
of enactment of this Act, the covered land and the approximately 6,600
acres generally depicted on the map entitled ``Proposed Naturita Canyon
Mineral Withdrawal Area'' and dated January 26, 2010, is withdrawn
from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
SEC. 6. TECHNICAL CORRECTION.
Subtitle E of title II of Public Law 111-11 (16 U.S.C. 460zzz et
seq.) is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1782(c)), the portions of the Dominguez Canyon Wilderness Study Area
not designated as wilderness by this subtitle have been adequately
studied for wilderness designation.
``(b) Release.--Any public land referred to in subsection (a) that
is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''. | San Juan Mountains Wilderness Act of 2011- Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and specified land of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System (NWPS).
Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area.
Sets forth provisions regarding water rights in the lands designated as wilderness or a special management area by this Act.
Withdraws lands designated as wilderness or a special management area under this Act, as well as land within the Naturita Canyon Mineral Withdrawal Area, from: (1) entry, appropriation, and disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Releases certain parts of the Dominguez Canyon Wilderness Study Area that were not designated as wilderness by this Act from further study for designation as wilderness. | {"src": "billsum_train", "title": "A bill to designate certain lands in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, and for other purposes."} | 2,756 | 230 | 0.568568 | 1.717606 | 0.854333 | 4.835897 | 12.148718 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Tax and Investment Reform Act
of 2016''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a unique Federal legal and political
relationship between the United States and Indian tribes.
(2) Indian tribes have the responsibility and authority to
provide governmental programs and services to tribal citizens,
develop tribal economies, and build community infrastructure to
ensure that Indian reservation lands serve as livable,
permanent homes.
(3) The United States Constitution, U.S. Federal Court
decisions, Executive orders, and numerous other Federal laws
and regulations recognize that Indian tribes are governments,
retaining the inherent authority to tax and operate as other
governments, including (inter alia) financing projects with
government bonds and maintaining eligibility for general tax
exemptions via their government status.
(4) Codifying tax parity with respect to tribal governments
is consistent with Federal treaties recognizing the sovereignty
of tribal governments.
(5) That Indian tribes face historic disadvantages in
accessing the underlying capital to build the necessary
infrastructure for job creation, and that certain statutory
restrictions on tribal governance further inhibit tribes'
ability to develop strong governance and economies.
(6) Indian tribes are sometimes excluded from the Internal
Revenue Code of 1986 in key provisions which results in unfair
tax treatment for tribal citizens or unequal enforcement
authority for tribal enforcement agencies.
(7) Congress is vested with the authority to regulate
commerce with Indian tribes, and hereby exercises that
authority in a manner which furthers tribal self-governance,
and in doing so, further affirms the United States government-
to-government relationship with Indian tribes.
SEC. 3. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND
ISSUANCE.
(a) In General.--Subsection (c) of section 7871 of the Internal
Revenue Code of 1986 (relating to Indian tribal governments treated as
States for certain purposes) is amended to read as follows:
``(c) Special Rules for Tax-Exempt Bonds.--In applying section 146
to bonds issued by Indian tribal governments (or subdivisions thereof)
the Secretary of the Treasury shall annually--
``(1) establish a national bond volume cap based on the
greater of--
``(A) the State population formula approach in
section 146(d)(1)(A) (using national tribal population
estimates supplied annually by the Department of the
Interior in consultation with the Census Bureau), and
``(B) the minimum State ceiling amount in section
146(d)(1)(B) (as adjusted in accordance with the cost
of living provision in section 146(d)(2)), and
``(2) allocate such national bond volume cap among all
Indian tribal governments seeking such an allocation in a
particular year under regulations prescribed by the
Secretary.''.
(b) Repeal of Essential Governmental Function Requirements.--
Section 7871 of such Code is further amended by striking subsections
(b) and (e).
(c) Effective Date.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to obligations issued in calendar years beginning
after the date of the enactment of this Act.
(2) Subsection (b).--The repeals made by subsection (b)
shall apply to transactions after, and obligations issued in
calendar years beginning after, the date of the enactment of
this Act.
SEC. 4. TREATMENT OF PENSION AND EMPLOYEE BENEFIT PLANS MAINTAINED BY
TRIBAL GOVERNMENTS.
(a) Amendments to the Internal Revenue Code of 1986.--
(1) Qualified public safety employee.--Section 72(t)(10)(B)
of the Internal Revenue Code of 1986 (defining qualified public
safety employee) is amended by--
(A) striking ``or political subdivision of a
State'' and inserting ``, political subdivision of a
State, or Indian tribe''; and
(B) striking ``such State or political
subdivision'' and inserting ``such State, political
subdivision, or tribe''.
(2) Governmental plan.--The last sentence of section 414(d)
of such Code (defining governmental plan) is amended to read as
follows: ``The term `governmental plan' includes a plan
established or maintained for its employees by an Indian tribal
government (as defined in section 7701(a)(40)), a subdivision
of an Indian tribal government (determined in accordance with
section 7871(d)), an agency, instrumentality, or subdivision of
an Indian tribal government, or an entity established under
Federal, State, or tribal law which is wholly owned or
controlled by any of the foregoing.''.
(3) Domestic relations order.--Section 414(p)(1)(B)(ii) of
such Code (defining domestic relations order) is amended by
inserting ``or tribal'' after ``State''.
(4) Exempt governmental deferred compensation plan.--
Section 3121(v)(3) of such Code (defining governmental deferred
compensation plan) is amended by inserting ``by an Indian
tribal government or subdivision thereof,'' after ``political
subdivision thereof,''.
(5) Grandfather of certain deferred compensation plans.--
Section 457 of the Internal Revenue Code is amended by adding
at the end the following new subsection:
``(h) Certain Tribal Government Plans Grandfathered.--Plans
established before the date of enactment of this subsection and
maintained by an Indian tribal government (as defined in section
7701(a)(40)), a subdivision of an Indian tribal government (determined
in accordance with section 7871(d)), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing, in compliance with subsection (b) or (f) shall
be treated as if established by an eligible employer under subsection
(e)(1)(A).''.
(b) Amendments to the Employee Retirement Income Security Act of
1974.--
(1) In general.--The last sentence of section 3(32) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1002(32)) is amended to read as follows: ``The term
`governmental plan' includes a plan established or maintained
for its employees by an Indian tribal government (as defined in
section 7701(a)(40) of the Internal Revenue Code of 1986), a
subdivision of an Indian tribal government (determined in
accordance with section 7871(d) of such Code), an agency,
instrumentality, or subdivision of an Indian tribal government,
or an entity established under Federal, State, or tribal law
which is wholly owned or controlled by any of the foregoing.''.
(2) Domestic relations order.--Section 206(d)(3)(B)(ii)(II)
of such Act (29 U.S.C. 1056(d)(3)(B)(ii)(II)) is amended by
inserting ``or tribal'' after ``State''.
(3) Conforming amendments.--
(A) Section 4021(b) of such Act (29 U.S.C. 1321(b))
is amended by striking ``or'' at the end of paragraph
(12), by striking the period at the end of paragraph
(13) and inserting ``; or'', and by inserting after
paragraph (13) the following new paragraph:
``(14) established or maintained for its employees by an
Indian tribal government (as defined in section 7701(a)(40) of
the Internal Revenue Code of 1986), a subdivision of an Indian
tribal government (determined in accordance with section
7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity
established under Federal, State, or tribal law which is wholly
owned or controlled by any of the foregoing.''.
(B) Section 4021(b)(2) of such Act (29 U.S.C.
1321(b)(2)) is amended by striking ``, or which is
described in the last sentence of section 3(32)'' and
inserting a comma.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning after the date of the enactment of this Act.
SEC. 5. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE CHARITIES
FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL FUNDERS AND
SPONSORS.
(a) In General.--Section 170(b)(1)(A) of the Internal Revenue Code
of 1986 is amended by adding at the end the following: ``For purposes
of clause (vi), the term `governmental unit' includes an Indian tribal
government (determined in accordance with section 7871(d) of such
Code), an agency, instrumentality, or subdivision of an Indian tribal
government, or an entity established under Federal, State, or tribal
law which is wholly owned or controlled by any of the foregoing.''.
(b) Certain Supporting Organizations.--Section 509(a) of such Code
is amended by adding at the end the following: ``For purposes of
paragraph (3), an organization described in paragraph (2) shall be
deemed to include an Indian tribal government (determined in accordance
with section 7871(d) of such Code), an agency, instrumentality, or
subdivision of an Indian tribal government, or an entity established
under Federal, State, or tribal law which is wholly owned or controlled
by any of the foregoing.''.
(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. 6. IMPROVING EFFECTIVENESS OF TRIBAL CHILD SUPPORT ENFORCEMENT
AGENCIES BY PARITY OF ACCESS TO THE FEDERAL PARENT
LOCATOR SERVICE AND FEDERAL TAX REFUND OFFSETS.
(a) Access to Federal Parent Locator Service.--Section 453(c) of
the Social Security Act (42 U.S.C. 653(c)) is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the child support enforcement agency of an Indian
tribe or tribal organization that is eligible for a grant under
section 455(f).''.
(b) Improving the Collection of Past-Due Child Support From Federal
Tax Refunds.--
(1) Amendment to the social security act.--Section 464 of
the Social Security Act (42 U.S.C. 664) is amended by adding at
the end the following:
``(d) Applicability to Indian Tribes and Tribal Organizations
Eligible for a Grant Under This Part.--This section, except for the
requirement to distribute amounts in accordance with section 457, shall
apply to an Indian tribe or tribal organization eligible for a grant
under section 455(f) in the same manner in which this section applies
to a State with a plan approved under this part.''.
(2) Amendment to the internal revenue code.--Subsection (c)
of section 6402 of the Internal Revenue Code of 1986 is amended
by adding at the end the following: ``For purposes of this
subsection, any reference to a State shall include a reference
to any Indian tribe or tribal organization described in section
464(d) of the Social Security Act.''.
SEC. 7. RECOGNIZING INDIAN TRIBAL GOVERNMENTS FOR PURPOSES OF
DETERMINING UNDER THE ADOPTION CREDIT WHETHER A CHILD HAS
SPECIAL NEEDS.
(a) In General.--Section 23(d)(3) of the Internal Revenue Code of
1986 (defining child with special needs) is amended--
(1) in subparagraph (A), by inserting ``or Indian tribal
government'' after ``a State''; and
(2) in subparagraph (B), by inserting ``or Indian tribal
government'' after ``such State''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Tribal Tax and Investment Reform Act of 2016 This bill amends the Internal Revenue Code (IRC) to include Indian tribal governments in an annual allocation of a national tax-exempt bond volume cap. The bill repeals provisions that limit an Indian tribal government's eligibility to issue tax-exempt bonds or to be exempt from specified excise taxes to transactions involving the exercise of an essential government function customarily performed by state and local governments. The bill amends the IRC and the Employee Retirement Income Security Act of 1974 (ERISA) to treat employee benefit or pension plans maintained by Indian tribes and domestic relations orders issued pursuant to tribal law in the same manner as plans maintained by states and domestic relations orders issued pursuant to state law. The bill treats tribal charities and foundations in the same manner as charities and foundations funded and controlled by other governmental entities for purposes of the tax-exempt status of, and deduction for contributions to, such organizations. The bill amends the Social Security Act to give Indian tribes or tribal organizations access to the Federal Parent Locator Service if they are eligible for a grant to operate a child support enforcement program. It makes those tribes and tribal organizations eligible to participate in the program that collects past-due support from individual tax refunds. An Indian tribal government may determine whether a child has special needs for the purpose of the tax credit for the adoption of a child with special needs. | {"src": "billsum_train", "title": "Tribal Tax and Investment Reform Act of 2016"} | 2,810 | 304 | 0.551493 | 1.593323 | 0.743485 | 2.141264 | 8.802974 | 0.832714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Missing Mercury in Manufacturing
Monitoring and Mitigation Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in their bloodstreams at a level
that could pose risks to their unborn babies, and as many as
630,000 children born annually in the United States are at risk
of neurological problems relating to mercury exposure in utero;
(3) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(4) the long-term solution to mercury pollution is to
minimize global mercury use and releases of mercury to
eventually achieve reduced contamination levels in the
environment, rather than reducing fish consumption, since
uncontaminated fish represents a critical and healthy source of
nutrition for people worldwide;
(5) an estimated additional 24,000 to 30,000 tons of
mercury are used at mercury cell chlor-alkali plants worldwide;
(6) mercury pollution is a transboundary pollutant that--
(A) is deposited locally, regionally, and globally;
and
(B) affects bodies of water near industrial areas,
such as the Great Lakes, as well as bodies of water in
remote areas, such as the Arctic Circle;
(7) of the approximately 30 plants in the United States
that produce chlorine, only 8 use the obsolete ``mercury cell''
chlor-alkali process, and 5 have not yet committed to phasing
out mercury use;
(8)(A) only about 10 percent of the total quantity of
chlorine and caustic soda produced in the United States comes
from the chlor-alkali plants described in paragraph (7) that
use the mercury cell chlor-alkali process;
(B) cost-effective alternatives are available and in use in
the remaining 90 percent of chlorine and caustic soda
production; and
(C) other countries, including Japan, have already banned
the mercury cell chlor-alkali process;
(9) the chlor-alkali industry acknowledges that--
(A) mercury can contaminate products manufactured
at mercury cell facilities; and
(B) the use of some of those products results in
the direct and indirect release of mercury;
(10) despite those quantities of mercury known to have been
used or to be in use, neither the chlor-alkali industry nor the
Environmental Protection Agency is able--
(A) to adequately account for the disposition of
the mercury used at those facilities; or
(B) to accurately estimate current mercury
emissions; and
(11) it is critically important that the United States work
aggressively toward the minimization of supply, demand, and
releases of mercury, both domestically and internationally.
SEC. 3. STATEMENT OF POLICY.
Congress declares that the United States should develop policies
and programs that will--
(1) reduce mercury use and emissions within the United
States;
(2) reduce mercury releases from the reservoir of mercury
currently in use or circulation within the United States; and
(3) reduce exposures to mercury, particularly exposures of
women of childbearing age and young children.
SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
(a) In General.--Title I of the Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by inserting after section 6 the
following:
``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING.
``(a) Definitions.--In this section:
``(1) Chlor-alkali facility.--The term `chlor-alkali
facility' means a facility used for the manufacture of chlorine
or caustic soda using a mercury cell process.
``(2) Hazardous waste; solid waste.--The terms `hazardous
waste' and `solid waste' have the meanings given those terms in
section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
``(b) Prohibition.--Effective beginning January 1, 2012, the
manufacture of chlorine or caustic soda using mercury cells is
prohibited in the United States.
``(c) Reporting.--
``(1) In general.--Not later than April 1, 2008, and
annually thereafter through April 1, 2012, the owner or
operator of each chlor-alkali facility shall submit to the
Administrator and the State in which the chlor-alkali facility
is located a report that identifies--
``(A) each type and quantity of mercury-containing
hazardous waste and nonhazardous solid waste generated
by the chlor-alkali facility during the preceding
calendar year;
``(B) the mercury content of the wastes;
``(C) the manner in which each waste was managed,
including the location of each offsite location to
which the waste was transported for subsequent handling
or management;
``(D) the volume of mercury released, intentionally
or unintentionally, into the air or water by the chlor-
alkali facility, including mercury released from
emissions or vaporization;
``(E) the volume of mercury estimated to have
accumulated in pipes and plant equipment of the chlor-
alkali facility, including a description of--
``(i) the applicable volume for each type
of equipment; and
``(ii) methods of accumulation; and
``(F) the quantity and forms of mercury found in
all products produced for sale by the chlor-alkali
facility.
``(2) Avoidance of duplication.--To avoid duplication, the
Administrator may permit the owner or operator of a facility
described in paragraph (1) to combine and submit the report
required under this subsection with any report required to be
submitted by the owner or operator under subtitle C of the
Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).
``(d) Inventory.--
``(1) In general.--For each chlor-alkali facility that
ceases operations on or after July 1, 2008, not later than 1
year after the date of cessation of operations, the
Administrator, in consultation with the State in which the
facility is located, shall conduct a comprehensive mercury
inventory covering the life and closure of the chlor-alkali
facility, taking into account--
``(A) the total quantity of mercury purchased to
start and operate the chlor-alkali facility;
``(B) the total quantity of mercury remaining in
mercury cells and other equipment at the time of
closure of the chlor-alkali facility;
``(C) the estimated quantity of mercury in
hazardous waste, nonhazardous solid waste, and products
generated at the chlor-alkali facility during the
operational life of the chlor-alkali facility; and
``(D) the estimated aggregate mercury releases from
the chlor-alkali facility into air and other
environmental media.
``(2) Records and information.--In carrying out paragraph
(1), the Administrator shall obtain mercury purchase records
and such other information from each chlor-alkali facility as
are necessary to determine, as accurately as practicable from
available information, the magnitude and nature of mercury
releases from the chlor-alkali facility into air and other
environmental media.
``(e) Mercury Storage Advisory Committee.--
``(1) Establishment.--There is established an advisory
committee, to be known as the `Mercury Storage Advisory
Committee' (referred to in this subsection as the `Committee').
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of 9 members, of whom--
``(i) 2 members shall be jointly appointed
by the Speaker of the House of Representatives
and the majority leader of the Senate--
``(I) 1 of whom shall be designated
to serve as Chairperson of the
Committee; and
``(II) 1 of whom shall be
designated to serve as Vice-Chairperson
of the Committee;
``(ii) 1 member shall be the Administrator;
``(iii) 1 member shall be the Secretary of
Defense;
``(iv) 1 member shall be a representative
of State environmental agencies;
``(v) 1 member shall be a representative of
State attorneys general;
``(vi) 1 member shall be a representative
of the chlorine industry;
``(vii) 1 member shall be a representative
of the mercury waste treatment industry; and
``(viii) 1 member shall be a representative
of a nonprofit environmental organization.
``(B) Appointments.--Not later than 45 days after
the date of enactment of this section, the
Administrator, in consultation with the appropriate
congressional committees, shall appoint the members of
the Committee described in clauses (iv) through (viii)
of subparagraph (A).
``(3) Initial meeting.--Not later than 30 days after the
date on which all members of the Committee have been appointed,
the Committee shall hold the initial meeting of the Committee.
``(4) Meetings.--The Committee shall meet at the call of
the Chairperson.
``(5) Quorum.--A majority of the members of the Committee
shall constitute a quorum.
``(6) Report.--Not later than 1 year after the date of
enactment of this section, the Committee shall submit to
Congress a report describing the findings and recommendations
of the Committee, if any, relating to--
``(A) the environmental, health, and safety
requirements necessary to prevent--
``(i) the release of elemental mercury into
the environment; and
``(ii) worker exposure from the storage of
elemental mercury;
``(B) the estimated annual cost of storing
elemental mercury on a per-pound or per-ton basis;
``(C) for the 40-year period beginning on the date
of submission of the report, the optimal size, number,
and other characteristics of Federal facilities
required to store elemental mercury under current and
anticipated jurisdictions of each Federal agency;
``(D) the estimated quantity of--
``(i) elemental mercury that will result
from the discontinuance of mercury cells at
chlor-alkali facilities in the United States
required under this section; and
``(ii) any other supplies that may require
storage to carry out this section;
``(E) for the 40-year period beginning on the date
of submission of the report, the estimated quantity of
elemental mercury generated from the recycling of
unwanted products and other wastes that will require
storage to comply with any export prohibitions of
elemental mercury;
``(F) any legal, technical, economic, or other
barrier that may prevent the private sector from
storing elemental mercury produced by the private
sector during the 40-year period beginning on the date
of submission of the report, including a description of
measures to address the barriers;
``(G) the advantages and disadvantages of
consolidating the storage of mercury produced by public
and private sources under the management of the public
or private sector;
``(H) the optimal plan of the Committee for storing
excess mercury produced by public and private sources;
and
``(I) additional research, if any, required to
determine a long-term disposal option for the storage
of excess mercury.
``(7) Compensation of members.--
``(A) In general.--
``(i) Non-federal employees.--A member of
the Committee who is not an officer or employee
of the Federal Government shall be compensated
at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of
title 5, United States Code, for each day
(including travel time) during which the member
is engaged in the performance of the duties of
the Committee.
``(ii) Federal employees.--A member of the
Committee who is an officer or employee of the
Federal Government shall serve without
compensation in addition to the compensation
received for the services of the member as an
officer or employee of the Federal Government.
``(B) Travel expenses.--A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Committee.
``(8) Staff and funding.--The Administrator shall provide
to the Committee such funding and additional personnel as are
necessary to enable the Committee to perform the duties of the
Committee.
``(9) Termination.--The Committee shall terminate 180 days
after the date on which the Committee submits the report of the
Committee under paragraph (6).
``(f) Transfer to Storage.--
``(1) Regulations.--Not later than July 1, 2008, the
Administrator shall promulgate regulations establishing the
terms and conditions necessary to facilitate the transfer and
storage of mercury located at closed or closing chlor-alkali
facilities, including the allocation of costs and potential
liabilities of that transfer and storage.
``(2) Deadline for transfer.--Beginning on July 1, 2008,
elemental mercury located at a closed or closing chlor-alkali
facility that has ceased operations shall be transferred to a
storage facility established by the Administrator in accordance
with the regulations promulgated under paragraph (1).
``(g) Health Assessment.--Not later than July 1, 2009, for each
chlor-alkali facility that continues to operate as of July 1, 2008, the
Administrator, in coordination with the Administrator of the Agency for
Toxic Substances and Disease Registry, shall conduct a health
assessment of employees at the chlor-alkali facility.
``(h) Regulations.--In addition to regulations described in
subsection (f)(1), the Administrator may promulgate such regulations,
including the establishment of a reporting form for use in accordance
with subsection (c), as are necessary to carry out this section.''.
(b) Conforming Amendment.--The table of contents of the Toxic
Substances Control Act (15 U.S.C. 2601 note) is amended by inserting
after the item relating to section 6 the following:
``Sec. 6A. Use of mercury in chlorine and caustic soda
manufacturing.''. | Missing Mercury in Manufacturing Monitoring and Mitigation Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly exposures of women of childbearing age and young children.
Amends the Toxic Substances Control Act to prohibit the manufacture of chlorine or caustic soda using mercury cells, effective January 1, 2012. Requires the owner or operator of each chlor-alkali facility to submit to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located an annual report for 2008-2012 concerning mercury waste, emissions, and content in products.
Requires EPA to conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after July 1, 2008.
Establishes the Mercury Storage Advisory Committee, which shall report to Congress on: (1) requirements necessary to prevent the release of, or worker exposure to, elemental mercury; and (2) annual costs of, federal facilities needed for, barriers to, and an optimal plan for, mercury storage.
Requires: (1) EPA to establish regulations to facilitate the transfer and storage of mercury located at closed facilities; and (2) beginning on July 1, 2008, the transfer of elemental mercury located at a closed facility that has ceased operations to a storage facility established by EPA in accordance with such regulations.
Requires EPA, in coordination with the Administrator of the Agency for Toxic Substances and Disease Registry Administrator, by July 1, 2009, to conduct a health assessment of employees at chlor-alkali facilities that continue to operate as of July 1, 2008. | {"src": "billsum_train", "title": "A bill to amend the Toxic Substances Control Act to phase out the use of mercury in the manufacture of chlorine and caustic soda, and for other purposes."} | 3,158 | 370 | 0.602925 | 1.869986 | 0.796226 | 3.955882 | 8.75 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Stamp Fraud Act of 1997''.
SEC. 2. ELECTRONIC BENEFIT TRANSFER SYSTEMS.
(a) Issuance and Use of Coupons.--Section 7(g) of the Food Stamp
Act of 1977 (7 U.S.C. 2016(g)) is amended--
(1) by striking ``(1)'';
(2) by striking paragraph (2); and
(3) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively.
(b) Electronic Benefit Transfer Systems.--Section 7(i) of the Food
Stamp Act of 1977 (7 U.S.C. 2016(i)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1)(A)(i) Except as provided in clause (ii), each State agency
shall implement before October 1, 2000, an electronic benefit transfer
system in which all household benefits determined under section 8(a)
are issued from and stored in a central databank.
``(ii) Upon the request of a State agency, the Secretary may grant
a waiver extending the deadline for compliance with clause (i) to a
date not later than October 1, 2002, for a State agency that faces
unusual barriers to implementing an electronic benefit transfer system.
``(B) Subject to paragraph (2), a State agency may procure and
implement an electronic benefit transfer system under the terms,
conditions, and design that the State agency considers appropriate.
``(C) An electronic benefit transfer system should take into
account generally accepted standard operating rules based on--
``(i) commercial electronic funds transfer technology;
``(ii) the need to permit interstate operation and law
enforcement monitoring; and
``(iii) the need to permit monitoring and investigations by
authorized law enforcement agencies.''; and
(2) in paragraph (2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (I)
as subparagraphs (A) through (H), respectively.
(c) Redemption of Coupons.--The first sentence of section 10 of the
Food Stamp Act of 1977 (7 U.S.C. 2019) is amended by inserting before
the period at the end the following: ``unless such centers,
organizations, institutions, shelters, group living arrangements, and
establishment are equipped with point-of-sale devices for the purpose
of participating in electronic benefit transfer delivery systems''.
SEC. 3. USE OF PRODUCT BAR CODES AND OPTICAL SCANNER DEVICES.
Section 9 of the Food Stamp Act of 1977 (7 U.S.C. 2018) is amended
by adding at the end thereof the following:
``(h) Approved retail food stores which use optical scanner device
to read product bar codes in connection with sales, shall use such
devices, in connection with electronic benefit transfer systems, to
prevent the purchase of unauthorized food and nonfood items with
benefits determined under section 8(a) and to maintain a record of
purchases made with such benefits. Such purchase records shall be made
available for review under subsection (c).
``(i) Notwithstanding any other provision of this section, a retail
food store may not--
``(1) be approved to accept or to redeem coupons; or
``(2) accept or redeem coupons accepted;
after October 1, 2002, unless such store uses an optical scanner device
to read product bar codes in connection with sales of food.''.
SEC. 4. EXPANDED CIVIL AND CRIMINAL FORFEITURE FOR VIOLATIONS OF THE
FOOD STAMP ACT.
(a) Forfeiture of Certain Property.--Section 15(h) of the Food
Stamp Act of 1977 (7 U.S.C. 2024(h)) is amended by adding at the end
the following:
``(5) Procedures.--(A) All food stamp benefits and any
property subject to forfeiture under this subsection, any
seizure and disposition thereof, and any proceeding relating
thereto, shall be governed by section 413 of the Comprehensive
Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853),
excluding subsection (d) of such section, insofar as applicable
and not inconsistent with the provisions of this subsection.
``(B) Restraining orders available under subsection (e) of
such Act shall apply to assets otherwise subject to forfeiture
under subsection (p) of such Act, as incorporated in this
section.
``(C) The provisions of chapter 46 of title 18, United
States Code, relating to civil forfeitures shall extend to a
seizure or forfeiture under this subsection, insofar as
applicable and not inconsistent with the provisions of this
subsection, except that such duties as are imposed upon the
Secretary of the Treasury under such chapter 46 may also be
performed with respect to seizures and forfeitures under this
section by such officers, agents, or other persons as
designated for that purpose by the Secretary. Civil forfeitures
imposed under this subsection shall be in addition to any
criminal sanctions imposed against the owner of the forfeited
property.
``(D) The proceeds from any sale of forfeited property and
any monies forfeited under this subsection shall be used--
``(i) first, to reimburse the Department of Justice
for the costs incurred by the Department to initiate
and complete the forfeiture proceeding;
``(ii) second, to reimburse the Department of
Agriculture Office of Inspector General for any costs
the Office incurred in the law enforcement effort
resulting in the forfeiture;
``(iii) third, to reimburse any Federal or State
law enforcement agency for any costs incurred in the
law enforcement effort resulting in the forfeiture; and
``(iv) fourth, by the Secretary to carry out the
approval, reauthorization, and compliance
investigations of retail stores and wholesale food
concerns under section 9.''.
SEC. 5. PROVIDE AUTHORITY TO ESTABLISH AUTHORIZATION PERIODS.
Section 9(a) of the Food Stamp Act of 1977 (7 U.S.C. 2018(a)) is
amended by adding at the end the following:
``(3)(A) Such time period shall be determined based upon total food
stamp redemptions expressed as a percentage of food stamp sales to
total food sales.
``(B)(i) Except as provided in clause (ii), retailers with a ratio
of food stamp sales to total food sales of 30 percent or more may be
authorized for not more than one year, and retailers with a ratio of
food stamp sales to total food sales of 5 percent or less may be
authorized for up to 5 years.
``(ii) Retailers with a ratio of food stamp sales to total food
sales of more than 10 percent that do not use an optical scanner device
to read product bar codes in connection with sales may be authorized
for not more than one year.''.
SEC. 6. STATE REQUIREMENTS.
Section 16(d) of the Food Stamp Act of 1977 (7 U.S.C. 2025(d)) is
amended to read as follows:
``(d) States which fail to meet the national performance measure
for the payment error rate set forth under subsection (c)(6) may be
required by the Secretary to implement, in whole or in part, one or
more of the following additional measures in furtherance of waste and
fraud reduction:
``(1) Computerize and coordinate food stamp, aid to
families with dependent children, and supplemental security
income caseloads so that reported changes in any one program
automatically adjusts allotments for the remaining program.
``(2) Require any employer, public or private, to report
new hires and wage rates to the State department of revenue, or
equivalent taxing authority. Such reported information shall be
made available to and used by the State agency to adjust
accordingly any benefit allotments or payments received by the
individual or households of which the individual is a member.
``(3) Require all financial institutions to report asset
information to State agency caseworkers whenever such requests
are made. The financial institutions may be required to provide
the requested information without compensation or at cost.''.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR THE PURCHASE OF OPTICAL
SCANNERS.
Section 18 of the Food Stamp Act of 1977 (7 U.S.C. 2017) is amended
by adding at the end the following:
``(g)(1) There is authorized to be appropriated for fiscal years
1998, 1999, and 2000, in the aggregate, $50,000,000 to the Secretary to
make grants, in the discretion of the Secretary, to separately owned
retail food stores located in low-income areas (as determined by the
Secretary) and approved under section 9, to enable such stores to
purchase optical scanner devices to read product bar codes in
connection with sales of food.
``(2) For purposes of this subsection, the term `low-income area'
means an urban census tract, a nonmetropolitan county, a Native
American Indian reservation, an Alaska Native village, or a migrant or
seasonal farmworker community, in which not less than 30 percent of
households have annual income that does not exceed 30 percent of the
median income of the area involved.''.
SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on January 1,
1998.
(b) Application of Amendments--The amendments made by this Act
shall not apply with respect to certification periods beginning before
the effective date of this Act. | Food Stamp Fraud Act of 1997 - Amends the Food Stamp Act of 1977 to require by specified dates: (1) States to implement a food stamp program (program) electronic benefit transfer system; and (2) participating retail stores to use optical scanners to read food sale bar codes. Authorizes appropriations for grants to stores in low-income areas to meet such requirement.
Sets forth: (1) civil and criminal forfeiture provisions for program violations; and (2) retail food store reauthorization periods based upon a food stamp redemption percentage.
Authorizes the Secretary of Agriculture to require States with payment error rates exceeding the national performance measure to take additional measures with respect to program coordination and employer and financial institution reporting. | {"src": "billsum_train", "title": "Food Stamp Fraud Act of 1997"} | 2,127 | 150 | 0.538816 | 1.443158 | 0.594253 | 2.15493 | 13.788732 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordination of Wind and Flood
Perils Act of 2010''.
SEC. 2. PAYMENT OF MULTIPERIL CLAIMS.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1312 (42 U.S.C. 4019) the following new section:
``SEC. 1312A. PAYMENT OF MULTIPERIL CLAIMS.
``(a) Purposes.--The purposes of this section are--
``(1) to allow an insured individual or small business to
commence repairs or replacement, or both, of insured property
and to recommence business operations as soon as possible after
a natural disaster; and
``(2) to remove the burden of determining flood and wind
loss allocation for the purpose of insurance claims from the
insured and to place such burden on the entities that are
responsible for the payment of such claims.
``(b) Payment of Multiperil Claims.--
``(1) In general.--In the event of an occurrence of loss
resulting from physical damage to or loss of real property or
personal property related thereto located in the United States
arising from the combined perils of flood and wind, the
Administrator and any insurer (including a State-run windpool)
that insures the wind peril shall enter into good faith
negotiations regarding--
``(A) the general method or methods by which proven
claims for such multiperil losses shall be adjusted and
paid; and
``(B) the allocation of such payments between the
insurer, the Administrator, and the insured.
``(2) Limitation.--
``(A) In general.--In the event that the
Administrator and an insurer (including a State-run
windpool) that insures the wind peril cannot agree as
to the specific distribution of perils that resulted in
a loss described under paragraph (1), the Administrator
shall pay 50 percent of the disputed claim until the
claim can be settled.
``(B) Fair share.--The terms of any agreement or
negotiations entered into pursuant to paragraph (1)
shall require that, in order to fully compensate the
insured for his, her, or its loss as soon as
practicable after the occurrence of such loss, an
insurer (including a State-run windpool) that insures
the wind peril pay 50 percent of any disputed claim
until the claim can be settled.
``(C) No overcompensation.--The Administrator and
an insurer (including a State-run windpool) that
insures the wind peril shall work collaboratively to
ensure that an insured policyholder does not receive
payments under this section in excess of the amount of
the insured's actual loss.
``(D) Rule of construction.--Nothing in this
section shall be construed to negate, set aside, or
void any policy limit, including any loss limitation,
set forth in a standard flood insurance policy.
``(c) Failure To Reach Agreement on Loss Allocation.--The terms of
any agreement or negotiations entered into pursuant to subsection
(b)(1) shall require that if an insurer (including a State-run
windpool) that insures the wind peril and the Administrator fail to
reach an agreement regarding multiperil losses pursuant to subsection
(b), including as to the cause or allocation of a multiperil loss, then
each such entity shall agree to have any dispute relating to multiperil
losses resolved by the arbitration panel established under subsection
(d).
``(d) Arbitration Panel.--
``(1) Establishment.--As allowed under section 1307(e) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4104), and
notwithstanding any other provision of law, not later than 90
days after the date of enactment of this Act, the Administrator
of the Federal Emergency Management Agency shall establish an
arbitration panel to efficiently and clearly resolve disputes
relating to multiperil losses between the Administrator and an
insurer (including a State-run windpool) that insures the wind
peril.
``(2) Membership.--The arbitration panel established under
paragraph (1) shall be comprised of 5 members.
``(3) Required qualifications.--
``(A) Administrative law expertise.--At least 1
member of the arbitration panel established under
paragraph (1) shall have expertise in administrative
law.
``(B) Water resources expertise.--At least 1 member
of the arbitration panel established under paragraph
(1) shall have expertise in water resources.
``(C) Hurricane modeling expertise.--At least 1
member of the arbitration panel established under
paragraph (1) shall have expertise in hurricane
modeling.
``(4) No fema employees.--No member of the arbitration
panel established under paragraph (1) may be a current or
former employee of the Federal Emergency Management Agency.
``(5) Independence.--Each member of the arbitration panel
established under paragraph (1) shall be independent and
neutral.''. | Coordination of Wind and Flood Perils Act of 2010 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of Federal Emergency Management Agency (FEMA) and any insurer (including a state-run windpool), in the event of loss resulting from physical damage to real property or personal property arising from the combined perils of flood and wind, to enter into good faith negotiations regarding: (1) payment and adjustment of proven claims for multiperil losses; and (2) the allocation of such payments among the insurer, the Administrator, and the insured.
Directs the Administrator to pay 50% percent of the disputed claim until it can be settled, if the Administrator and the insurer cannot agree as to the specific distribution of perils that resulted in a loss.
Requires such good faith negotiations to require that: (1) in order to fully compensate the insured for losses as soon as practicable, the insurer against wind peril shall pay 50% of any disputed claim until the claim can be settled; and (2) if an insurer against wind peril and the Administrator fail to agree regarding multiperil losses, then each shall agree to have any dispute resolved by the arbitration panel established under this Act.
Directs the Administrator to establish an arbitration panel to resolve disputes relating to multiperil losses between the Administrator and an insurer against wind peril. | {"src": "billsum_train", "title": "A bill to clarify and improve the payment of multiperil insurance claims, and for other purposes."} | 1,089 | 281 | 0.750584 | 2.365242 | 1.034012 | 4.419231 | 3.819231 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Amendments of 1993''.
SEC. 2. REVISION OF NATIONAL GUARD BUREAU CHARTER.
(a) In General.--(1) Subtitle A of title 10, United States Code, is
amended by inserting after chapter 11 the following new chapter:
``CHAPTER 12--NATIONAL GUARD BUREAU
``291. National Guard Bureau.
``292. Chief of the National Guard Bureau: appointment; principal
adviser on National Guard matters; grade.
``293. Chief of the National Guard Bureau: functions; annual report.
``294. Vice Chief of the National Guard Bureau.
``295. Other senior National Guard Bureau officers.
``296. Assignment of officers: joint duty assignment.
``297. Definition.
``Sec. 291. National Guard Bureau
``(a) National Guard Bureau.--There is in the Department of Defense
the National Guard Bureau, which is a joint bureau of the Department of
the Army and the Department of the Air Force.
``(b) Purposes.--The National Guard Bureau is the supervisory and
operating agency of the Department of Defense for the Army National
Guard of the United States and the Air National Guard of the United
States. The Bureau is also the channel of communications between (1)
the Department of the Army, Department of the Air Force, and other
components of the Department of Defense, and (2) the several States, on
all matters pertaining to the National Guard, the Army National Guard
of the United States, and the Air National Guard of the United States.
``Sec. 292. Chief of the National Guard Bureau: appointment; adviser on
National Guard matters; grade
``(a) Appointment.--There is a Chief of the National Guard Bureau,
who is responsible for the organization and operations of the National
Guard Bureau. The Chief of the National Guard Bureau is appointed by
the President, by and with the advice and consent of the Senate. Such
appointment shall be made from officers of the Army National Guard of
the United States or officers of the Air National Guard of the United
States who--
``(1) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(2) have had at least 10 years of federally recognized
commissioned service in an active status in the National Guard;
and
``(3) are in a grade above the grade of brigadier general.
``(b) Term of Office.--An officer appointed as Chief of the
National Guard Bureau serves for a term of four years, but may be
removed for cause at any time. An officer may not hold that office
after becoming 64 years of age. An officer may be reappointed as Chief
of the National Guard Bureau.
``(c) Adviser on National Guard Matters.--(1) The Chief of the
National Guard Bureau is the principal adviser to the Secretary of the
Army and the Chief of Staff of the Army, and to the Secretary of the
Air Force and the Chief of Staff of the Air Force, on matters relating
to the Army National Guard of the United States and the Air National
Guard of the United States.
``(2) The Chief of the National Guard Bureau is an adviser to the
Secretary of Defense and the Chairman of the Joint Chiefs of Staff on
matters relating to the Army National Guard of the United States and
the Air National Guard of the United States.
``(d) Grade.--The Chief of the National Guard Bureau shall be
appointed to serve in a grade above major general.
``Sec. 293. Chief, National Guard Bureau: functions; annual report
``(a) Functions.--Subject to the authority, direction, and control
of the Secretary of Defense, the Secretary of the Army, and the
Secretary of the Air Force, the Chief of the National Guard Bureau is
responsible for the following:
``(1) Allocating unit structure, strength authorizations,
and other resources to the Army National Guard of the United
States and the Air National Guard of the United States.
``(2) Determining and directing the training requirements
of the Army National Guard and the Air National Guard and the
allocation of Federal funds for the training of the Army
National Guard and the Air National Guard.
``(3) Ensuring that units and members of the Army National
Guard and the Air National Guard are trained by the States in
accordance with approved programs and policies of, and guidance
from, the Chief, the Secretary of the Army, and the Secretary
of the Air Force.
``(4) Assisting the States in the organization,
maintenance, and operation of National Guard units so as to
provide well-trained and well-equipped units capable of
augmenting the active forces in time of war or national
emergency.
``(5) Planning and administering the budget for the Army
National Guard of the United States and the Air National Guard
of the United States.
``(6) Supervising the acquisition, supply, maintenance, and
accountability of Federal property issued to the National Guard
through the property and fiscal officers designated, detailed,
or appointed under section 708 of title 32.
``(7) Granting and withdrawing, in accordance with
applicable laws and regulations, Federal recognition of (A)
National Guard units, and (B) officers of the National Guard.
``(8) Establishing policies and programs for the employment
and use of National Guard technicians under section 709 of
title 32.
``(9) Supervising and administering the Active Guard and
Reserve program as it pertains to the Army National Guard and
the Air National Guard.
``(10) Prescribing the forfeiture of Federal funds and
other aid, benefit, or privilege pursuant to section 108 of
title 32.
``(11) Issuing directives, regulations, and publications
consistent with approved policies of the Army and Air Force, as
appropriate.
``(12) Facilitating and supporting the training of members
and units of the National Guard to meet State requirements.
``(13) Appointing and administering civilian personnel
necessary to perform the functions of the National Guard
Bureau.
``(14) Performing such other functions as may be prescribed
by the Secretary of Defense, the Secretary of the Army, or the
Secretary of the Air Force.
``(b) Annual Report.--Not later than 90 days after the end of each
fiscal year, the Chief of the National Guard Bureau shall submit to
Congress a report on the state of readiness of the National Guard and
its ability to meet its missions. The report may be submitted in
classified and unclassified versions.
``Sec. 294. Vice Chief of the National Guard Bureau
``(a) Appointment.--(1) There is a Vice Chief of the National Guard
Bureau, selected by the Secretary of Defense from officers of the Army
National Guard of the United States or the Air National Guard of the
United States who--
``(A) are recommended for such appointment by their
respective Governors or, in the case of the District of
Columbia, the commanding general of the District of Columbia
National Guard;
``(B) have had at least 10 years of federally recognized
commissioned service in an active status in the National Guard;
and
``(C) are in a grade above the grade of colonel.
``(2) The Chief and Vice Chief of the National Guard Bureau may not
both be members of the Army or of the Air Force.
``(3)(A) Except as provided in subparagraph (B), an officer
appointed as Vice Chief of the National Guard Bureau serves for a term
of four years, but may be removed from office at any time for cause.
``(B) The term of the Vice Chief of the National Guard Bureau shall
end upon the appointment of a Chief of the National Guard Bureau who is
a member of the same armed force as the Vice Chief.
``(4) The Secretary of Defense may waive the restrictions in
paragraph (2) and the provisions of paragraph (3)(B) for a limited
period of time to provide for the orderly transition of officers
appointed to serve in the positions of Chief and Vice Chief.
``(b) Duties.--The Vice Chief of the National Guard Bureau performs
such duties as may be prescribed by the Chief of the National Guard
Bureau.
``(c) Grade.--The Vice Chief of the National Guard Bureau shall be
appointed to serve in a grade above brigadier general.
``(d) Functions as Acting Chief.--When there is a vacancy in the
office of the Chief of the National Guard Bureau or in the absence or
disability of the Chief, the Vice Chief of the National Guard Bureau
acts as Chief and performs the duties of the Chief until a successor is
appointed or the absence or disability ceases.
``(e) Succession After Chief and Vice Chief.--When there is a
vacancy in the offices of both Chief and Vice Chief of the National
Guard Bureau or in the absence or disability of both the Chief and Vice
Chief of the National Guard Bureau, or when there is a vacancy in one
such office and in the absence or disability of the officer holding the
other, the senior officer of the Army National Guard of the United
States or the Air National Guard of the United States on duty with the
National Guard Bureau shall perform the duties of the Chief until a
successor to the Chief or Vice Chief is appointed or the absence or
disability of the Chief or Vice Chief ceases, as the case may be.
``Sec. 295. Other senior National Guard Bureau officers
``(a) Additional General Officers.--(1) In addition to the Chief
and Vice Chief of the National Guard Bureau, there shall be assigned to
the National Guard Bureau--
``(A) two general officers selected by the Secretary of the
Army from officers of the Army National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the senior
of whom while so serving shall hold the grade of major general;
and
``(B) two general officers selected by the Secretary of the
Air Force from officers of the Air National Guard of the United
States who have been nominated by their respective Governors
or, in the case of the District of Columbia, the commanding
general of the District of Columbia National Guard, the senior
of whom while so serving shall hold the grade of major general.
``(2) The officers so selected shall assist the Chief of the
National Guard Bureau in carrying out the functions of the National
Guard Bureau as they relate to their respective branches.
``(b) Other Officers.--There are in the National Guard Bureau a
general counsel, a comptroller, and an inspector general, each of whom
shall be appointed by the Chief of the National Guard Bureau. They
shall perform such duties as the Chief may prescribe.
``Sec. 296. Assignment of officers: joint duty assignment
``Under such regulations as the Secretary of Defense may prescribe,
a duty assignment to the Office of the Chief of the National Guard
Bureau shall be considered a joint duty assignment for the purposes of
section 668, of this title.''.
``Sec. 297. Definition
``In this chapter, the term `State' includes the District of
Columbia, the Commonwealth of Puerto Rico, and Guam and the Virgin
Islands.''.
(2) The table of chapters at the beginning of subtitle A of title
10, United States Code, and at the beginning of part I of such
subtitle, are each amended by inserting after the item relating to
chapter 11 the following:
``12. National Guard Bureau 291''.
(b) Conforming Repeal.--(1) Section 3040 of title 10, United States
Code, is repealed.
(2) The table of sections at the beginning of chapter 305 of such
title is amended by striking out the item relating to section 3040.
(c) Other Conforming Amendments.--(1) Sections 3079 and 8079 of
such title are each amended by inserting before the period at the end
the following: ``, under the guidance and supervision of the National
Guard Bureau''.
(2) The text of section 108 of title 32, United States Code, is
amended to read as follows:
``If, within a time fixed by the President, a State fails to comply
with a requirement of this title, or a regulation prescribed under this
title, the National Guard of that State shall be barred in whole or in
part, as the President may prescribe, from receiving money or other
aid, benefits, or privileges authorized by law. The President shall
administer this section through the Chief of the National Guard
Bureau.''.
SEC. 3. RESERVE COMPONENT GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.
(a) Authorized Strength of General and Flag Officers on Active
Duty.--Section 526 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Reserve component general and flag officers serving in the
National Guard Bureau, the Office of a Chief of a reserve component, or
the headquarters of a reserve component command are in addition to the
numbers authorized for the armed forces under subsections (a) and (b)
in numbers as follows:
Army National Guard of the United
States................................ 4 general officers.
Army Reserve........................... 4 general officers.
Naval Reserve.......................... 3 flag officers.
Marine Corps Reserve................... 1 general officer.
Air National Guard of the United States 4 general officers.
Air Force Reserve...................... 3 general officers.
Two positions to be filled by a Guard
or Reserve officer: Military Executive
to the Reserve Forces Policy Board and
Assistant to the Chairman of the Joint
Chiefs of Staff....................... 2 general or flag officers.
``(e) The limitation of this section does not apply to a reserve
general or flag officer who is not on the active list.''.
(b) Conforming Amendment.--Paragraphs (1) through (4) of section
526(a) of such title are amended to read as follows:
``(1) For the Army, 378 before October 1, 1995, and 294 on
and after that date.
``(2) For the Navy, 247 before October 1, 1995, and 213 on
and after that date.
``(3) For the Air Force, 319 before October 1, 1995, and
272 on and after that date.
``(4) For the Marine Corps, 67 before October 1, 1995, and
60 on and after that date.''.
SEC. 4. DEFINITION OF ACTIVE GUARD AND RESERVE DUTY.
Section 101(d) of title 10, United States Code, is amended by
adding at the end thereof the following:
``(7)(A) The term `active Guard and Reserve duty' means
active duty or full-time National Guard duty performed by a
member of a reserve component or of the National Guard pursuant
to an order to active duty or full-time National Guard duty for
a period of more than 180 consecutive days for the purpose of
organizing, administering, recruiting, instructing, or training
the reserve components or the National Guard.
``(B) Such term does not include--
``(i) duty performed as a member of the Reserve
Forces Policy Board provided for under section 175 of
this title;
``(ii) duty performed as a property and fiscal
officer under section 708 of title 32; or
``(iii) service as a State director of the
Selective Service System under section 10(b)(2) of the
Military Selective Service Act (50 U.S.C. App.
460(b)(2)).''. | National Guard Amendments of 1993 - Establishes in the Department of Defense (DOD) the National Guard Bureau as a joint bureau of the Departments of the Army and Air Force. Makes the Bureau the supervisory and operating agency of DOD for the Army and Air National Guard. Provides for the appointment in the Bureau of a Chief and Vice Chief. Considers an assignment to the Bureau a joint duty assignment.
Provides the authorized strengths of reserve general and flag officers serving on active duty in the Bureau, the Office of a Chief of a reserve component, or the headquarters of a reserve component command. | {"src": "billsum_train", "title": "National Guard Amendments of 1993"} | 3,372 | 132 | 0.631074 | 1.519217 | 0.527903 | 4.307692 | 28.410256 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Terrorism Prevention Act of
2017''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) White supremacists and other right-wing extremists are
the most significant domestic terrorism threat facing the
United States.
(2) A 2009 report from the Extremism and Radicalization
Branch of the Department of Homeland Security concluded ``that
lone wolves and small terrorist cells embracing violent right-
wing extremist ideology are the most dangerous domestic
terrorism threat in the United States''.
(3) An unclassified May 2017 joint intelligence bulletin
from the Federal Bureau of Investigation and the Department of
Homeland Security found that ``white supremacist extremism
poses [a] persistent threat of lethal violence,'' and that
White supremacists ``were responsible for 49 homicides in 26
attacks from 2000 to 2016 . . . more than any other domestic
extremist movement''.
(4) According to the New America Foundation, since
September 11, 2001, 76 Americans have died in terrorist attacks
by domestic extremists in the United States. 89 percent were
killed by far-right-wing extremists.
(5) The fatal attacks described in paragraph (4) include--
(A) the August 5, 2012, mass shooting at a Sikh
gurdwara in Oak Creek, Wisconsin, in which a White
supremacist shot and killed 6 members of the gurdwara;
(B) the April 13, 2014, mass shooting at a Jewish
community center and a Jewish assisted living facility
in Overland Park, Kansas, in which a neo-Nazi shot and
killed 3 civilians, including a 14-year-old teenager;
(C) the June 8, 2014, ambush in Las Vegas, Nevada,
in which 2 supporters of the far right-wing ``patriot''
movement shot and killed 2 police officers and a
civilian;
(D) the June 17, 2015, mass shooting at the Emanuel
AME Church in Charleston, South Carolina, in which a
White supremacist shot and killed 9 members of the
church;
(E) the November 27, 2015, mass shooting at a
Planned Parenthood clinic in Colorado Springs,
Colorado, in which an anti-abortion extremist shot and
killed a police officer and 2 civilians;
(F) the March 20, 2017, murder of an African-
American man in New York City, allegedly committed by a
White supremacist who reportedly traveled to New York
``for the purpose of killing black men'';
(G) the May 26, 2017, attack in Portland, Oregon,
in which a White supremacist allegedly murdered 2 men
and injured a third after the men defended 2 young
women whom the individual had targeted with anti-Muslim
hate speech; and
(H) the August 12, 2017, attack in Charlottesville,
Virginia, in which a White supremacist allegedly killed
one and injured nineteen after driving his car through
a crowd of individuals protesting a neo-Nazi rally, and
of which Attorney General Jeff Sessions said, ``It does
meet the definition of domestic terrorism in our
statute.''.
(6) The Anti-Defamation League's Center on Extremism found
that right-wing extremists were responsible for 150 terrorist
acts, attempted acts, and plots and conspiracies that took
place in the United States between 1993 and 2017. These attacks
resulted in the deaths of 255 people and injured more than 600.
(7) According to the Southern Poverty Law Center, in 2015,
for the first time in 5 years, the number of hate groups in the
United States rose by 14 percent. The increase included a more
than twofold rise in the number of Ku Klux Klan chapters. The
number of anti-government militias and ``patriot'' groups also
grew by 14 percent in 2015.
(8) In November 2017, the Federal Bureau of Investigation
released its annual hate crime incident report, which found
that in 2016, hate crimes increased by almost 5 percent,
including a 19-percent rise in hate crimes against American
Muslims. Similarly, the previous year's report found that in
2015, hate crimes increased by 6 percent. Much of that increase
came from a 66-percent rise in attacks on American Muslims. In
both reports, race-based crimes were most numerous; more than
50 percent of those hate crimes targeted African Americans.
(9) In January 2017, a right-wing extremist who had
expressed anti-Muslim views was charged with murder for
allegedly killing 6 people and injuring nineteen in a shooting
rampage at a mosque in Quebec City, Canada. It was the first-
ever mass shooting at a mosque in North America, and Prime
Minister Trudeau labeled it a terrorist attack.
(10) Between January and July 2017, news reports found 63
incidents in which American mosques were targeted by threats,
vandalism, or arson.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Director'' means the Director of the Federal
Bureau of Investigation;
(2) the term ``domestic terrorism'' has the meaning given
the term in section 2331 of title 18, United States Code;
(3) the term ``Domestic Terrorism Executive Committee''
means the committee within the Department of Justice tasked
with assessing and sharing information about ongoing domestic
terrorism threats; and
(4) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 4. OFFICES TO COMBAT DOMESTIC TERRORISM.
(a) Authorization of Offices To Monitor, Analyze, Investigate, and
Prosecute Domestic Terrorism.--
(1) Domestic terrorism unit.--There is authorized a
Domestic Terrorism Unit in the Office of Intelligence and
Analysis of the Department of Homeland Security, which shall be
responsible for monitoring and analyzing domestic terrorism
activity.
(2) Domestic terrorism office.--There is authorized a
Domestic Terrorism Office in the Counterterrorism Section of
the National Security Division of the Department of Justice--
(A) which shall be responsible for investigating
and prosecuting incidents of domestic terrorism; and
(B) which shall be headed by the Domestic Terrorism
Counsel.
(3) Domestic terrorism section of the fbi.--There is
authorized a Domestic Terrorism Section within the
Counterterrorism Division of the Federal Bureau of
Investigation, which shall be responsible for investigating
domestic terrorism activity.
(b) Joint Report on Domestic Terrorism.--
(1) Annual report required.--Not later than 180 days after
the date of enactment of this Act, and each year thereafter,
the Secretary of Homeland Security, the Attorney General, and
the Director of the Federal Bureau of Investigation shall
submit a joint report authored by the domestic terrorism
offices authorized under paragraphs (1), (2), and (3) of
subsection (a) to--
(A) the Committee on the Judiciary, the Committee
on Homeland Security and Governmental Affairs, and the
Select Committee on Intelligence of the Senate; and
(B) the Committee on the Judiciary, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) an assessment of the domestic terrorism threat
posed by White supremacists, including White
supremacist infiltration and recruitment of law
enforcement officers and members of the Armed Forces;
(B)(i) in the first report, an analysis of
incidents or attempted incidents of domestic terrorism
that have occurred in the United States since April 19,
1995; and
(ii) in each subsequent report, an analysis of
incidents or attempted incidents of domestic terrorism
that occurred in the United States during the preceding
year; and
(C) a quantitative analysis of domestic terrorism
for the preceding year, including the number of--
(i) domestic terrorism related assessments
initiated by the Federal Bureau of
Investigation, including the number of
assessments from each classification and
subcategory;
(ii) domestic terrorism related preliminary
investigations initiated by the Federal Bureau
of Investigation, including the number of
preliminary investigations from each
classification and subcategory, and how many
preliminary investigations resulted from
assessments;
(iii) domestic terrorism related full
investigations initiated by the Federal Bureau
of Investigation, including the number of full
investigations from each classification and
subcategory, and how many full investigations
resulted from preliminary investigations and
assessments;
(iv) domestic terrorism related incidents,
including the number of incidents from each
classification and subcategory, the number of
deaths and injuries resulting from each
incident, and a detailed explanation of each
incident;
(v) Federal domestic terrorism related
arrests, including the number of arrests from
each classification and subcategory, and a
detailed explanation of each arrest;
(vi) Federal domestic terrorism related
indictments, including the number of
indictments from each classification and
subcategory, and a detailed explanation of each
indictment;
(vii) Federal domestic terrorism related
prosecutions, including the number of incidents
from each classification and subcategory, and a
detailed explanation of each prosecution;
(viii) Federal domestic terrorism related
convictions, including the number of
convictions from each classification and
subcategory, and a detailed explanation of each
conviction; and
(ix) Federal domestic terrorism related
weapons recoveries, including the number of
each type of weapon and the number of weapons
from each classification and subcategory.
(3) Classification and public release.--Each report
submitted under paragraph (1) shall be--
(A) unclassified, to the greatest extent possible,
with a classified annex only if necessary; and
(B) in the case of the unclassified portion of the
report, posted on the public websites of the Department
of Homeland Security, the Department of Justice, and
the Federal Bureau of Investigation.
(c) Domestic Terrorism Executive Committee.--There is authorized a
Domestic Terrorism Executive Committee, which shall--
(1) meet on a regular basis, and not less regularly than 4
times each year, to coordinate with United States Attorneys and
other key public safety officials across the country to promote
information sharing and ensure an effective, responsive, and
organized joint effort to combat domestic terrorism; and
(2) be co-chaired by--
(A) the Domestic Terrorism Counsel authorized under
subsection (a)(2)(B);
(B) a United States Attorney or Assistant United
States Attorney;
(C) a member of the National Security Division of
the Department of Justice; and
(D) a member of the Federal Bureau of
Investigation.
(d) Focus on Greatest Threats.--The domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of subsection (a) shall
focus their limited resources on the most significant domestic
terrorism threats, as determined by the number of domestic terrorism
related incidents from each category and subclassification in the joint
report for the preceding year required under subsection (b).
SEC. 5. TRAINING TO COMBAT DOMESTIC TERRORISM.
(a) Required Training and Resources.--The State and Local Anti-
Terrorism Program, funded by the Bureau of Justice Assistance of the
Department of Justice, shall include training and resources to assist
State, local, and tribal law enforcement officers in understanding,
detecting, deterring, and investigating acts of domestic terrorism. The
training shall focus on the most significant domestic terrorism
threats, as determined by the quantitative analysis in the joint report
required under section 4(b).
(b) Requirement.--Any individual who provides domestic terrorism
training required under this section shall have--
(1) expertise in domestic terrorism; and
(2) relevant academic, law enforcement, or other experience
in matters related to domestic terrorism.
(c) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and once each year thereafter, the
Director of the Bureau of Justice Assistance shall submit an
annual report to the committees of Congress described in
section 4(b)(1) on the domestic terrorism training implemented
under this section, which shall include copies of all training
materials used and the names and qualifications of the
individuals who provide the training.
(2) Classification.--Each report submitted under paragraph
(1) shall be unclassified, to the greatest extent possible,
with a classified annex only if necessary.
SEC. 6. COMBATTING DOMESTIC TERRORISM THROUGH JOINT TERRORISM TASK
FORCES AND FUSION CENTERS.
(a) In General.--The joint terrorism task forces of the Federal
Bureau of Investigation and State, local, and regional fusion centers,
as established under section 210A of the Homeland Security Act of 2002
(6 U.S.C. 124h), shall each, in coordination with the Domestic
Terrorism Executive Committee and the domestic terrorism offices
authorized under paragraphs (1), (2), and (3) of section 4(a) of this
Act--
(1) share intelligence to address domestic terrorism
activities;
(2) conduct an annual, intelligence-based assessment of
domestic terrorism activities in their jurisdictions; and
(3) formulate and execute a plan to address and combat
domestic terrorism activities in their jurisdictions.
(b) Requirement.--The activities required under subsection (a)
shall focus on the most significant domestic terrorism threats, as
determined by the number of domestic terrorism related incidents from
each category and subclassification in the joint report for the
preceding year required under section 4(b).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of
Justice, the Federal Bureau of Investigation, and the Department of
Homeland Security such sums as may be necessary to carry out this Act. | Domestic Terrorism Prevention Act of 2017 This bill authorizes: (1) a Domestic Terrorism Unit within the Office of Intelligence and Analysis of the Department of Homeland Security (DHS), which shall be responsible for monitoring and analyzing domestic terrorism activity; (2) a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice (DOJ), which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (3) a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation (FBI), which shall be responsible for investigating domestic terrorism activity. Such offices shall focus on the most significant domestic terrorism threats, as determined by the number of domestic terrorism related incidents in the preceding year. DHS, DOJ, and the FBI shall annually submit to Congress a joint report authored by such offices, which shall include: an assessment of the domestic terrorism threat posed by White supremacists; an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, for the first report, and during the preceding year, for each subsequent report; and a quantitative analysis of domestic terrorism for the preceding year. The bill also authorizes a Domestic Terrorism Executive Committee, which shall coordinate with key public safety officials to promote information sharing and ensure an effective joint effort to combat domestic terrorism. The State and Local Anti-Terrorism Program, funded by DOJ's Bureau of Justice Assistance, shall include training and resources to assist state, local, and tribal law enforcement officers in understanding, detecting, deterring, and investigating acts of domestic terrorism. The joint terrorism task forces of the FBI and state, local, and regional fusion centers shall each, in coordination with the committee and such offices: (1) share intelligence to address domestic terrorism activities; (2) conduct an annual, intelligence-based assessment of domestic terrorism activities in their jurisdictions; and (3) formulate and execute a plan to address and combat such activities. | {"src": "billsum_train", "title": "Domestic Terrorism Prevention Act of 2017"} | 3,038 | 438 | 0.539079 | 1.872315 | 0.704581 | 5.875 | 7.102041 | 0.951531 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Offender Tracking and
Identification Act of 1996''.
SEC. 2. OFFENDER REGISTRATION.
(a) Establishment of FBI Database.--Subtitle A of title XVII of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071)
is amended by adding at the end the following new section:
``SEC. 170102. FBI DATABASE.
``(a) Definitions.--For purposes of this section--
``(1) the term `FBI' means the Federal Bureau of
Investigation;
``(2) the terms `criminal offense against a victim who is a
minor', `sexually violent offense', `sexually violent
predator', `mental abnormality', and `predatory' have the same
meanings as in section 170101(a)(3); and
``(3) the term `minimally sufficient sexual offender
registration program' means any State sexual offender
registration program that--
``(A) requires the registration of each offender
who is convicted of an offense described in
subparagraph (A) or (B) of section 170101(a)(1);
``(B) requires that all information gathered under
such program be transmitted to the FBI in accordance
with subsection (g) of this section;
``(C) meets the requirements for verification under
section 170101(b)(3); and
``(D) requires that each person who is required to
register under subparagraph (A) shall do so for a
period of not less than 10 years beginning on the date
that such person was released from prison or placed on
parole, supervised release, or probation.
``(b) Establishment.--The Attorney General shall establish a
national database at the Federal Bureau of Investigation to track the
whereabouts and movement of--
``(1) each person who has been convicted of a criminal
offense against a victim who is a minor;
``(2) each person who has been convicted of a sexually
violent offense; and
``(3) each person who is a sexually violent predator.
``(c) Registration Requirement.--Each person described in
subsection (b) who resides in a State that has not established a
minimally sufficient sexual offender registration program shall
register a current address, a set of fingerprints of that person, and a
current photograph of that person with the FBI for inclusion in the
database established under subsection (b) for the time period specified
under subsection (d).
``(d) Length of Registration.--A person described in subsection (b)
who is required to register under subsection (c) shall continue to
comply with this section--
``(1) until 10 years after the date on which the person was
released from prison or placed on parole, supervised release,
or probation; or
``(2) for the life of the person, if that person--
``(A) has 2 or more convictions for an offense
described in subsection (b);
``(B) has been convicted of aggravated sexual
abuse, as defined in section 2241 of title 18, United
States Code, or in a comparable provision of State law;
or
``(C) has been determined to be a sexually violent
predator.
``(e) Verification.--
``(1) Persons convicted of an offense against a minor or a
sexually violent offense.--In the case of a person required to
register under subsection (c), on each anniversary of the
initial registration date during the period in which the person
is required to register under subsection (d)--
``(A) the FBI shall mail a nonforwardable
verification form to the last reported address of the
person;
``(B) the verification form shall be signed by the
person, and state whether the person still resides at
the address last reported to the FBI; and
``(C) the person shall mail the verification form,
along with a set of fingerprints and a current
photograph of that person, to the FBI not later than 10
days after receipt of the form.
``(2) Sexually violent predators.--Paragraph (1) shall
apply to a person described in subsection (b)(3), except that
such person must verify the registration once every 90 days
after the date of the initial release or commencement of parole
of that person.
``(f) Community Notification.--
``(1) In general.--Subject to paragraph (2), the FBI may
release relevant information concerning a person required to
register under subsection (c) that is necessary to protect the
public.
``(2) Identity of victim.--In no case shall the FBI release
the identity of any victim of an offense that requires
registration by the offender with the FBI.
``(g) Notification of FBI of Changes in Residence.--
``(1) Establishment of new residence.--For purposes of this
section, a person shall be deemed to have established a new
residence during any period in which that person resides for
not less than 10 days.
``(2) Persons required to register with the fbi.--Each
change of address by a person required to register under
subsection (c) shall be reported to the FBI not later than 10
days after that person establishes a new residence.
``(3) Interstate movement.--A person required to register
under subsection (c) or under a minimally sufficient offender
registration program, including a program established under
section 170101, who changes address to a State other than the
State in which the person resided at the time of the
immediately preceding registration shall, not later than 10
days after that person establishes a new residence, register a
current address, set of fingerprints, and photograph of that
person, for inclusion in the appropriate database, with--
``(A) the FBI; and
``(B) the State in which the new residence is
established.
``(4) Intrastate movement.--Any time any State agency in a
State with a minimally sufficient sexual offender registration
program, including a program established under section 170101,
is notified of a change of address by a person required to
register under such program within or outside of such State,
the State shall notify--
``(A) the law enforcement officials of the
jurisdiction to which, and the jurisdiction from which,
the person has relocated; and
``(B) the FBI.
``(5) Verification.--
``(A) Notification of local law enforcement
officials.--The FBI shall ensure that State and local
law enforcement officials of the jurisdiction from
which, and the State and local law enforcement
officials of the jurisdiction to which, a person
required to register under subsection (c) relocates are
notified of the new residence of such person.
``(B) Notification of fbi.--A State agency
receiving notification under this subsection shall
notify the FBI of the new residence of the offender.
``(C) Verification.--
``(i) State agencies.--If a State agency
cannot verify the address of or locate a person
required to register with a minimally
sufficient sexual offender registration
program, including a program established under
section 170101, the State shall immediately
notify the FBI.
``(ii) FBI.--If the FBI cannot verify the
address of or locate a person required to
register under subsection (c) or if the FBI
receives notification from a State under clause
(i), the FBI shall--
``(I) notify all States with a
minimally sufficient sexual offender
registration program, including a
program established under section
170101; and
``(II) add the name of the person
to the Wanted Persons Index.
``(h) Fingerprints.--
``(1) In general.--
``(A) FBI registration.--For each person required
to register under subsection (c), fingerprints shall be
obtained and verified by the FBI or a local law
enforcement official pursuant to regulations issued by
the Attorney General.
``(B) State registration systems.--In a State that
has a minimally sufficient sexual offender registration
program, including a program established under section
170101, fingerprints required to be registered with the
FBI under this section shall be obtained and verified
in accordance with State requirements. The State agency
responsible for registration shall ensure that the
fingerprints and all other information required to be
registered is registered with the FBI.
``(2) Fees.--The FBI may collect fees pursuant to title II
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1991, under
the heading `Federal Bureau of Investigation' under the
subheading `salaries and expenses' to offset the costs of
fingerprint verification carried out under subsection (j)(2).
``(i) Penalty.--A person required to register under paragraph (1),
(2), or (3) of subsection (g) who knowingly fails to comply with this
section shall--
``(1) in the case of a first offense--
``(A) if the person has been convicted of 1 offense
described in subsection (b), be fined not more than
$100,000; or
``(B) if the person has been convicted of more than
1 offense described in subsection (b), be imprisoned
for up to 1 year and fined not more than $100,000; or
``(2) in the case of a second or subsequent offense, be
imprisoned for up to 10 years and fined not more than $100,000.
``(j) Release of Information.--The information collected by the FBI
under this section shall be disclosed by the FBI--
``(1) to Federal, State, and local criminal justice
agencies for--
``(A) law enforcement purposes; and
``(B) community notification in accordance with
section 170101(d)(3); and
``(2) to Federal, State, and local criminal justice
agencies conducting legitimate employment-related background
checks for private organizations under section 3 of the
National Child Protection Act of 1993 (42 U.S.C. 5119a).''.
SEC. 3. DURATION OF STATE REGISTRATION REQUIREMENT.
Section 170101(b)(6) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(6)) is amended to read as
follows:
``(6) Length of registration.--A person required to
register under subsection (a)(1) shall continue to comply with
this section until--
``(A) 10 years have elapsed since the person was
released from prison or placed on parole, supervised
release, or probation; or
``(B) for the life of that person if that person--
``(i) has 1 or more prior convictions for
an offense described in subsection (a)(1)(A);
or
``(ii) has been convicted of an aggravated
offense described in subsection (a)(1)(A); or
``(iii) has been determined to be a
sexually violent predator pursuant to
subsection (a)(2).''.
SEC. 4. STATE BOARDS.
Section 170101(a)(2) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(a)(2)) is amended by inserting
before the period at the end the following: ``, victim rights
advocates, and representatives from law enforcement agencies''.
SEC. 5. FINGERPRINTS.
Section 170101 of the Violent Crime Control and Law Enforcement Act
of 1994 (42 U.S.C. 14071) is amended by adding at the end the following
new subsection:
``(g) Fingerprints.--Each requirement to register under this
section shall be deemed to also require the submission of a set of
fingerprints of the person required to register, obtained in accordance
with regulations prescribed by the Attorney General under section
170102(h).''.
SEC. 6. VERIFICATION.
Section 170101(b)(3)(A)(iii) of the Violent Crime Control and Law
Enforcement Act of 1994 (42 U.S.C. 14071(b)(3)(A)(iii)) is amended by
adding at the end the following: ``The person shall include with the
verification form a set of fingerprints and a photograph of that
person.''.
SEC. 7. REGULATIONS.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall issue regulations to carry out this Act and the
amendments made by this Act.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
become effective 1 year after the date of enactment of this Act.
(b) Compliance by States.--Each State shall implement the
amendments made by sections 3, 4, 5, and 6 of this Act not later than 3
years after the date of enactment of this Act, except that the Attorney
General may grant an additional 2 years to a State that is making good
faith efforts to implement such amendments.
SEC. 9. SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this Act,
the amendments made by this Act, and the application of the provisions
of such to any person or circumstance shall not be affected thereby. | Pam Lychner Sexual Offender Tracking and Identification Act of 1996 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the Attorney General to establish a national database at the Federal Bureau of Investigation (FBI) to track the whereabouts and movement of each person who: (1) has been convicted of a criminal offense against a minor or a sexually violent offense; or (2) is a sexually violent predator. Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration: (1) until ten years after the date on which the person was released from prison or placed on parole, supervised release, or probation; or (2) for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse under Federal law or comparable State law, or has been determined to be a sexually violent predator. Sets forth provisions regarding: (1) verification procedures; and (2) notification of the FBI of changes in residence. Authorizes the FBI to release relevant information concerning a person required to register that is necessary to protect the public, but prohibits the FBI from releasing the identity of any victim of an offense that requires registration. Requires fingerprints to be obtained and verified: (1) by the FBI or a local law enforcement official, pursuant to regulations issued by the Attorney General, for each person required to register; and (2) in accordance with State requirements in a State that has a minimally sufficient sexual offender registration program (minimally sufficient program). Directs the FBI, if it cannot verify the address of or locate a person required to register, or if it receives notification from a State that the State cannot do so under its program, to: (1) classify the person as being in violation of the registration requirements of the national database; and (2) add the name of the person to the National Crime Information Center Wanted person file and create a wanted persons record, provided that an arrest warrant which meets the requirements for entry into the file is issued in connection with the violation. Sets forth penalties for knowingly failing to register. Requires disclosure of the information collected by the FBI to: (1) Federal, State, and local criminal justice agencies for law enforcement and community notification purposes; and (2) Federal, State, and local governmental agencies responsible for conducting employment-related background checks for private organizations under the National Child Protection Act. Requires any State not having established a minimally sufficient program: (1) to notify each offender convicted of covered offenses, upon his or her release from prison or placement on parole, supervised release, or probation, of his or her duty to register; and (2) to notify the FBI of the release of each offender convicted of such offenses. (Sec. 3) Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) mandate that a person required to register continue to comply with requirements of such Act (except during ensuing periods of incarceration) for life if such individual has one or more prior convictions of a sexually violent offense against a minor (sexually violent offense), has been convicted of an aggravated sexually violent offense, or has been determined to be a sexually violent predator; (2) include victim rights advocates and representatives from law enforcement agencies on the State board that reports to the court regarding determinations that a person is or is no longer a sexually violent predator; (3) provide that each requirement to register also requires the submission of a set of fingerprints; and (4) require such person to include with the verification form fingerprints and a photograph. (Sec. 7) Requires the State law enforcement agency to immediately transmit specified information, including documentation of any treatment received for mental abnormality or personality disorder (currently, limited to conviction data and fingerprints) to the FBI for inclusion in the FBI database. (Sec. 8) Grants State and Federal law enforcement agencies and their employees and State and Federal officials immunity from liability for good faith conduct under this Act. (Sec. 10) Makes States failing to implement the program described in this Act ineligible to receive ten percent of the funds that would otherwise be allocated to the State under the drug control and system improvement grant program. | {"src": "billsum_train", "title": "Pam Lychner Sexual Offender Tracking and Identification Act of 1996"} | 3,013 | 975 | 0.710426 | 2.28351 | 0.771039 | 3.274914 | 3.123711 | 0.876289 |
SECTION 1. DISABILITY MOBILITY ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Disability Mobility Advisory Council
(hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding advancing mobility access
for the disabled community with respect to the deployment of automated
driving systems to identify impediments to their use and ensure an
awareness of the needs of the disabled community as these vehicles are
being designed for distribution in commerce.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration a Disability Mobility Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding advancing mobility access for the disabled community with respect to the deployment of automated driving systems for motor vehicles to identify impediments to their use and ensure an awareness of the needs of such community as these highly automated vehicles are being designed for commercial distribution. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | {"src": "billsum_train", "title": "To establish in the National Highway Traffic Safety Administration a Disability Mobility Advisory Council to make recommendations regarding advancing mobility access for the disabled community with respect to the deployment of automated driving systems."} | 1,282 | 189 | 0.52529 | 1.676314 | 0.908782 | 5.251534 | 7.466258 | 0.932515 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``King Cove Health and Safety Act of
1997''.
SEC. 2. LAND EXCHANGE.
(a) In General.--If, not later than 6 months after the date of the
enactment of this Act, the King Cove Corporation transfers to the
United States all right, title, and interest of the Corporation in and
to the land described in subsection (b), and any improvements thereon,
the Secretary of the Interior shall, not later than 30 days after such
transfer, grant the Aleutians East Borough a perpetual right-of-way of
100 feet in width through the lands described in section 3(b), for the
construction, operation, and maintenance of certain utility-related
fixtures and of a public road between the city of Cold Bay, Alaska, and
the city of King Cove, Alaska.
(b) Land Description.--The Corporation land referred to in
subsection (a) is the land owned by the Corporation in sections 5, 6,
and 7 of T 57 S, R 88 W, Seward Meridian, Alaska.
(c) Management of Exchanged Corporation Lands.--Upon transfer to
the United States of the Corporation land referred to in subsection
(a), such lands shall be managed in accordance with section 1302(i) of
the Alaska National Interest Lands Conservation Act.
SEC. 3. RIGHT-OF-WAY.
(a) Scope.--Unless otherwise agreed to by the Secretary and the
Aleutians East Borough, the right-of-way granted under section 2
shall--
(1) include sufficient lands for logistical staging areas
and construction material sites used for the construction and
maintenance of a public road on the right-of-way;
(2) meet all requirements for a public highway right-of-way
under the laws of the State of Alaska; and
(3) include the right for the Aleutians East Borough, or
its assignees, to construct, operate, and maintain electrical,
telephone, or other utility facilities and structures within
the right-of-way.
(b) Location.--Unless otherwise agreed to by the Secretary and the
Aleutians East Borough, the right-of-way granted under section 2 shall
be located within--
(1) sections 2, 3, 10, and 11 of T 59 S, R 86 W, Seward
Meridian, Alaska;
(2) sections 27, 28, 29, 30, 31, 32, 33, 34, and 35 of T 59
S, R 86 W, Seward Meridian, Alaska;
(3) sections 3, 4, 9, 10, 13, 14, 15, 16, 23, 24, 25, 26,
and 36 of T 58 S, R 87 W, Seward Meridian, Alaska;
(4) sections 5, 6, 7, 8, 9, 16, 17, 20, 21, 27, 28, 29, 32,
33, and 34 of T 57 S, R 87 W, Seward Meridian, Alaska;
(5) sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 35, and 36 of T 56 S, R 87 W, Seward Meridian, Alaska;
(6) sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S,
R 88 W, Seward Meridian, Alaska;
(7) section 6 of T 57 S, R 88 W, Seward Meridian, Alaska;
and
(8) sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward
Meridian, Alaska.
(c) Center Line.--The center line of the right-of-way referred to
in subsection (b) shall be determined by mutual agreement between the
Secretary and the Aleutians East Borough.
SEC. 4. MISCELLANEOUS PROVISIONS.
(a) Definitions.--As used in this Act:
(1) The term ``Secretary'' means the Secretary of the
Interior.
(2) The term ``Corporation'' means the King Cove
Corporation.
(b) Protection of Resources.--The Secretary and the Aleutians East
Borough--
(1) shall, prior to any improvement to the right-of-way,
jointly develop and agree to reasonable terms and conditions
for the use of the right-of-way, including the construction,
operation, and maintenance of the public road and utility-
related fixtures, which will protect the Federal lands,
interest in lands, and resources beneath and adjacent to the
right-of-way without imposing undue costs on either party; and
(2) may make mutually agreed upon modifications to an
agreement reached pursuant to paragraph (1).
(c) Provisions Not Applicable.--The following provisions of law
shall not be applicable to any right-of-way granted pursuant to this
Act or to any road constructed on such right-of-way:
(1) Section 22(g) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1621(g)).
(2) Title XI of the Alaska National Interest Lands
Conservation Act (16 U.S.C. 3161 et seq.), except for the
procedures set forth in section 1104 of that title (16 U.S.C.
3164).
(3) Section 303(c) of title 49, United States Code.
(d) Administration.--The Secretary is authorized to implement and
administer the rights and obligations of the Federal Government under
any agreement reached pursuant to subsection (b).
(e) Savings Provisions.--Implementation of any agreement reached
pursuant to subsection (b) shall not be deemed to be a major Federal
action significantly affecting the quality of the human environment,
nor shall such implementation require further consideration pursuant to
the National Historic Preservation Act (16 U.S.C. 470 et seq.), title
VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C.
3118 et seq.), or any other law. | King Cove Health and Safety Act of 1997 - Directs the Secretary of the Interior to grant the Aleutians East Borough a perpetual right-of- way of 100 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation transfers specified lands to the United States within six months after enactment of this Act. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Lands Conservation Act. Deems such transferred land interests to be of equal value.
Directs the Secretary of the Interior and the Aleutians East Borough to jointly develop and agree to reasonable terms and conditions for the use of such right of way which will protect the Federal lands, interest in lands, and resources beneath and adjacent to the right-of-way without imposing undue costs on either party. | {"src": "billsum_train", "title": "King Cove Health and Safety Act of 1997"} | 1,258 | 221 | 0.668788 | 2.164418 | 0.778006 | 5.409574 | 6.473404 | 0.909574 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Nonprofit Research and
Education Corporations Enhancement Act of 2009''.
SEC. 2. GENERAL AUTHORITIES ON ESTABLISHMENT OF CORPORATIONS.
(a) Authorization of Multi-Medical Center Research Corporations.--
(1) In general.--Section 7361 of title 38, United States
Code, is amended--
(A) by redesignating subsection (b) as subsection
(e); and
(B) by inserting after subsection (a) the following
new subsection (b):
``(b)(1) Subject to paragraph (2), a corporation established under
this subchapter may facilitate the conduct of research, education, or
both at more than one medical center. Such a corporation shall be known
as a `multi-medical center research corporation'.
``(2) The board of directors of a multi-medical center research
corporation under this subsection shall include the official at each
Department medical center concerned who is, or who carries out the
responsibilities of, the medical center director of such center as
specified in section 7363(a)(1)(A)(i) of this title.
``(3) In facilitating the conduct of research, education, or both
at more than one Department medical center under this subchapter, a
multi-medical center research corporation may administer receipts and
expenditures relating to such research, education, or both, as
applicable, performed at the Department medical centers concerned.''.
(2) Expansion of existing corporations to multi-medical
center research corporations.--Such section is further amended
by adding at the end the following new subsection:
``(f) A corporation established under this subchapter may act as a
multi-medical center research corporation under this subchapter in
accordance with subsection (b) if--
``(1) the board of directors of the corporation approves a
resolution permitting facilitation by the corporation of the
conduct of research, education, or both at the other Department
medical center or medical centers concerned; and
``(2) the Secretary approves the resolution of the
corporation under paragraph (1).''.
(b) Restatement and Modification of Authorities on Applicability of
State Law.--
(1) In general.--Section 7361 of such title, as amended by
subsection (a) of this section, is further amended by inserting
after subsection (b) the following new subsection (c):
``(c) Any corporation established under this subchapter shall be
established in accordance with the nonprofit corporation laws of the
State in which the applicable Department medical center is located and
shall, to the extent not inconsistent with any Federal law, be subject
to the laws of such State. In the case of any multi-medical center
research corporation that facilitates the conduct of research,
education, or both at Department medical centers located in different
States, the corporation shall be established in accordance with the
nonprofit corporation laws of the State in which one of such Department
medical centers is located.''.
(2) Conforming amendment.--Section 7365 of such title is
repealed.
(c) Clarification of Status of Corporations.--Section 7361 of such
title, as amended by this section, is further amended--
(1) in subsection (a), by striking the second sentence; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d)(1) Except as otherwise provided in this subchapter or under
regulations prescribed by the Secretary, any corporation established
under this subchapter, and its officers, directors, and employees,
shall be required to comply only with those Federal laws, regulations,
and executive orders and directives that apply generally to private
nonprofit corporations.
``(2) A corporation under this subchapter is not--
``(A) owned or controlled by the United States; or
``(B) an agency or instrumentality of the United States.''.
(d) Reinstatement of Requirement for 501(c)(3) Status of
Corporations.--Subsection (e) of section 7361 of such title, as
redesignated by subsection (a)(1) of this section, is further amended
by inserting ``section 501(c)(3) of'' after ``exempt from taxation
under''.
SEC. 3. CLARIFICATION OF PURPOSES OF CORPORATIONS.
(a) Clarification of Purposes.--Subsection (a) of section 7362 of
title 38, United States Code, is amended--
(1) in the first sentence--
(A) by striking ``Any corporation'' and all that
follows through ``facilitate'' and inserting ``A
corporation established under this subchapter shall be
established to provide a flexible funding mechanism for
the conduct of approved research and education at one
or more Department medical centers and to facilitate
functions related to the conduct of''; and
(B) by inserting before the period at the end the
following: ``or centers''; and
(2) in the second sentence, by inserting ``or centers''
after ``medical center''.
(b) Modification of Defined Term Relating to Education and
Training.--Subsection (b) of such section is amended in the matter
preceding paragraph (1) by striking ``the term `education and
training''' and inserting ``the term `education' includes education and
training and''.
(c) Repeal of Role of Corporations With Respect to Fellowships.--
Paragraph (1) of subsection (b) of such section is amended by striking
the flush matter following subparagraph (C).
(d) Availability of Education for Families of Veteran Patients.--
Paragraph (2) of subsection (b) of such section is amended by striking
``to patients and to the families'' and inserting ``and includes
education and training for patients and families''.
SEC. 4. MODIFICATION OF REQUIREMENTS FOR BOARDS OF DIRECTORS OF
CORPORATIONS.
(a) Requirements for Department Board Members.--Paragraph (1) of
section 7363(a) of title 38, United States Code, is amended to read as
follows:
``(1) with respect to the Department medical center--
``(A)(i) the director (or directors of each
Department medical center, in the case of a multi-
medical center research corporation);
``(ii) the chief of staff; and
``(iii) as appropriate for the activities of such
corporation, the associate chief of staff for research
and the associate chief of staff for education; or
``(B) in the case of a Department medical center at
which one or more of the positions referred to in
subparagraph (A) do not exist, the official or
officials who are responsible for carrying out the
responsibilities of such position or positions at the
Department medical center; and''.
(b) Requirements for Non-Department Board Members.--Paragraph (2)
of such section is amended--
(1) by inserting ``not less than two'' before ``members'';
and
(2) by striking ``and who'' and all that follows through
the period at the end and inserting ``and who have backgrounds,
or business, legal, financial, medical, or scientific
expertise, of benefit to the operations of the corporation.''.
(c) Conflicts of Interest.--Subsection (c) of section 7363 of such
title is amended by striking ``, employed by, or have any other
financial relationship with'' and inserting ``or employed by''.
SEC. 5. CLARIFICATION OF POWERS OF CORPORATIONS.
(a) In General.--Section 7364 of title 38, United States Code, is
amended to read as follows:
``Sec. 7364. General powers
``(b) In General.--(1) A corporation established under this
subchapter may, solely to carry out the purposes of this subchapter--
``(A) accept, administer, retain, and spend funds derived
from gifts, contributions, grants, fees, reimbursements, and
bequests from individuals and public and private entities;
``(B) enter into contracts and agreements with individuals
and public and private entities;
``(C) subject to paragraph (2), set fees for education and
training facilitated under section 7362 of this title, and
receive, retain, administer, and spend funds in furtherance of
such education and training;
``(D) reimburse amounts to the applicable appropriation
account of the Department for the Office of General Counsel for
any expenses of that Office in providing legal services
attributable to research and education agreements under this
subchapter; and
``(E) employ such employees as the corporation considers
necessary for such purposes and fix the compensation of such
employees.
``(2) Fees charged pursuant to paragraph (1)(C) for education and
training described in that paragraph to individuals who are officers or
employees of the Department may not be paid for by any funds
appropriated to the Department.
``(3) Amounts reimbursed to the Office of General Counsel under
paragraph (1)(D) shall be available for use by the Office of the
General Counsel only for staff and training, and related travel, for
the provision of legal services described in that paragraph and shall
remain available for such use without fiscal year limitation.
``(c) Transfer and Administration of Funds.--(1) Except as provided
in paragraph (2), any funds received by the Secretary for the conduct
of research or education at a Department medical center or centers,
other than funds appropriated to the Department, may be transferred to
and administered by a corporation established under this subchapter for
such purposes.
``(2) A Department medical center may reimburse the corporation for
all or a portion of the pay, benefits, or both of an employee of the
corporation who is assigned to the Department medical center if the
assignment is carried out pursuant to subchapter VI of chapter 33 of
title 5.
``(3) A Department medical center may retain and use funds provided
to it by a corporation established under this subchapter. Such funds
shall be credited to the applicable appropriation account of the
Department and shall be available, without fiscal year limitation, for
the purposes of that account.
``(d) Research Projects.--Except for reasonable and usual
preliminary costs for project planning before its approval, a
corporation established under this subchapter may not spend funds for a
research project unless the project is approved in accordance with
procedures prescribed by the Under Secretary for Health for research
carried out with Department funds. Such procedures shall include a
scientific review process.
``(e) Education Activities.--Except for reasonable and usual
preliminary costs for activity planning before its approval, a
corporation established under this subchapter may not spend funds for
an education activity unless the activity is approved in accordance
with procedures prescribed by the Under Secretary for Health.
``(f) Policies and Procedures.--The Under Secretary for Health may
prescribe policies and procedures to guide the spending of funds by
corporations established under this subchapter that are consistent with
the purpose of such corporations as flexible funding mechanisms and
with Federal and State laws and regulations, and executive orders,
circulars, and directives that apply generally to the receipt and
expenditure of funds by nonprofit organizations exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986.''.
(b) Conforming Amendment.--Section 7362(a) of such title, as
amended by section 3(a)(1) of this Act, is further amended by striking
the last sentence.
SEC. 6. REDESIGNATION OF SECTION 7364A OF TITLE 38, UNITED STATES CODE.
(a) Redesignation.--Section 7364A of title 38, United States Code,
is redesignated as section 7365 of such title.
(b) Clerical Amendments.--The table of sections at the beginning of
chapter 73 of such title is amended--
(1) by striking the item relating to section 7364A; and
(2) by striking the item relating to section 7365 and
inserting the following new item:
``7365. Coverage of employees under certain Federal tort claims
laws.''.
SEC. 7. IMPROVED ACCOUNTABILITY AND OVERSIGHT OF CORPORATIONS.
(a) Additional Information in Annual Reports.--Subsection (b) of
section 7366 of title 38, United States Code, is amended to read as
follows:
``(b)(1) Each corporation shall submit to the Secretary each year a
report providing a detailed statement of the operations, activities,
and accomplishments of the corporation during that year.
``(2)(A) A corporation with revenues in excess of $300,000 for any
year shall obtain an audit of the corporation for that year.
``(B) A corporation with annual revenues between $10,000 and
$300,000 shall obtain an audit of the corporation at least once every
three years.
``(C) Any audit under this paragraph shall be performed by an
independent auditor.
``(3) The corporation shall include in each report to the Secretary
under paragraph (1) the following:
``(A) The most recent audit of the corporation under
paragraph (2).
``(B) The most recent Internal Revenue Service Form 990
`Return of Organization Exempt from Income Tax' or equivalent
and the applicable schedules under such form.''.
(b) Confirmation of Application of Conflict of Interest Regulations
to Appropriate Corporation Positions.--Subsection (c) of such section
is amended--
(1) by striking ``laws and'' each place it appears;
(2) in paragraph (1)--
(A) by inserting ``each officer and'' after ``under
this subchapter,''; and
(B) by striking ``, and each employee of the
Department'' and all that follows through ``during any
year''; and
(3) in paragraph (2)--
(A) by inserting ``, officer,'' after ``verifying
that each director''; and
(B) by striking ``in the same manner'' and all that
follows before the period at the end.
(c) Establishment of Appropriate Payee Reporting Threshold.--
Subsection (d)(3)(C) of such section is amended by striking ``$35,000''
and inserting ``$50,000''. | Veterans Nonprofit Research and Education Corporations Enhancement Act of 2009 - Amends federal provisions concerning the establishment at Department of Veterans Affairs (VA) medical facilities of nonprofit research and education corporations (NRECs) to allow an NREC to facilitate the conduct of research or education, or both, at more than one VA medical center. States that such an NREC shall be known as a multi-medical center research corporation (MCRC).
Allows an NREC to act as a MCRC if: (1) the NREC board of directors approve a resolution permitting that NREC to act as a MCRC; and (2) the Secretary of Veterans Affairs approves the resolution.
Requires each NREC and MCRC (corporation) to be established in accordance with the nonprofit corporation laws of the state in which the VA medical center which it supports is located. States that neither such corporation shall be considered to be owned by, or an agent or instrumentality of, the United States.
Restates the purposes of the corporations.
Modifies the composition of, and standards applicable to, corporation boards of directors, including by changing applicable conflict of interest requirements.
Expands the required areas of experience or expertise with respect to non-VA members of corporation boards of directors.
Increases authorized corporate powers of the corporations to include entering into contracts and setting fees for education and training facilitated through a corporation.
Revises audit requirements to require submission of an Internal Revenue Service return form applicable to organizations exempt from income tax. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to modify and update provisions of law relating to nonprofit research and education corporations, and for other purposes."} | 3,198 | 318 | 0.609267 | 1.887619 | 0.749342 | 2.267606 | 10.200704 | 0.838028 |
SECTION 1. COMMISSION TO PROMOTE A NATIONAL DIALOGUE ON BIOETHICS.
(a) Establishment.--There is established within the Institute of
Medicine a commission to be known as the Commission to Promote a
National Dialogue on Bioethics (referred to in this section as the
``Commission'').
(b) Membership.--
(1) Number and appointment.--The Commission shall be
composed of 25 members, of whom--
(A) 6 shall be appointed by the Majority Leader of
the Senate;
(B) 6 shall be appointed by the Minority Leader of
the Senate;
(C) 6 shall be appointed by the Speaker of the
House of Representatives; and
(D) 6 shall be appointed by the Minority Leader of
the House of Representatives; and
(E) 1, who shall serve as the Chairperson of the
Commission, to be appointed jointly by the Majority
Leader of the Senate, and the Speaker of the House of
Representatives, in consultation with the Minority
Leader of the Senate and the Minority Leader of the
House of Representatives.
(2) Requirements.--
(A) In general.--Each individual described in
subparagraph (A) through (D) of paragraph (1) shall
ensure that members appointed to the Commission are
representative of the fields of law, theology,
philosophy or ethics, medicine, science, and social
science.
(B) Limitation.--No member of Congress, nor
political appointee of the executive branch, shall
serve as a member of the Commission.
(3) Deadline for appointment.--Members of the Commission
shall be appointed by not later than December 1, 1998.
(4) Terms of appointment.--A member of the Commission
appointed under paragraph (1) shall serve for a term of 3
years. Members may not serve consecutive terms.
(5) Meetings.--The Commission shall meet at the call of its
Chairperson or a majority of its members.
(6) Quorum.--A quorum shall consist of 13 members of the
Commission.
(7) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made
not later than 30 days after the Commission is given notice of
the vacancy and shall not affect the power of the remaining
members to execute the duties of the Commission.
(8) Compensation.--Members of the Commission shall receive
no additional pay, allowances, or benefits by reason of their
service on the Commission.
(9) Expenses.--Each member of the Commission shall receive
travel expenses and per diem in lieu of subsistence in
accordance with sections 5702 and 5703 of title 5, United
States Code.
(c) Duties of the Commission.--The Commission shall provide an
independent forum for broad public participation and discourse
concerning important bioethical issues including cloning, and provide
for a report to Congress concerning the findings, conclusions, and
recommendations of the Commission concerning Federal policy and
possible Congressional action.
(d) Staff and Support Services.--
(1) Staff.--With the approval of the Commission, the
chairperson of the Commission may appoint such personnel as the
chairperson considers appropriate.
(2) Applicability of civil service laws.--The staff of the
Commission shall be appointed without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service, and shall be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title (relating to classification and General Schedule pay rates).
(3) Experts and consultants.--With the approval of the
Commission, the chairperson may procure temporary and
intermittent services under section 3109(b) of title 5, United
States Code.
(4) Physical facilities.--The Administrator of the General
Services Administration shall locate suitable office space for
the operation of the Commission. The facilities shall serve as
the headquarters of the Commission and shall include all
necessary equipment and incidentals required for the proper
functioning of the Commission.
(e) Powers of Commission.--
(1) Hearings and other activities.--For the purpose of
carrying out its duties, the Commission may hold such public
hearings and undertake such other activities as the Commission
determines to be necessary to carry out its duties.
(2) Detail of federal employees.--Upon the request of the
Commission, the head of any Federal agency is authorized to
detail, without reimbursement, any of the personnel of such
agency to the Commission to assist the Commission in carrying
out its duties. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges of the
Federal employee.
(3) Technical assistance.--Upon the request of the
Commission, the head of a Federal agency shall provide such
technical assistance to the Commission as the Commission
determines to be necessary to carry out its duties.
(4) Use of mails.--The Commission may use the United States
mails in the same manner and under the same conditions as
Federal agencies and shall, for purposes of the frank, be
considered a commission of Congress as described in section
3215 of title 39, United States Code.
(5) Obtaining information.--The Commission may secure
directly from any Federal agency information necessary to
enable it to carry out its duties, if the information may be
disclosed under section 552 of title 5, United States Code.
Upon request of the Chairperson of the Commission, the head of
such agency shall furnish such information to the Commission.
(6) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission on a reimbursable basis such
administrative support services as the Commission may request.
(7) Printing.--For purposes of costs relating to printing
and binding, including the cost of personnel detailed from the
Government Printing Office, the Commission shall be deemed to
be a committee of the Congress.
(f) Subcommittees.--
(1) In general.--The Commission shall establish 6
subcommittees, including--
(A) a subcommittee on legal issues;
(B) a subcommittee on theological issues;
(C) a subcommittee on philosophical and ethical
issues;
(D) a subcommittee on medical issues;
(E) a subcommittee on scientific issues; and
(F) a subcommittee on social issues.
(2) Membership.--With respect to the issues for which each
subcommittee has been established, each subcommittee shall be
composed of--
(A) 1 expert to be appointed by the members of the
Committee who were appointed under subparagraphs (A)
and (C) of subsection (b)(1);
(B) 1 expert to be appointed by the members of the
Committee who were appointed under subparagraphs (B)
and (D) of subsection (b)(1);
(C) 1 individual operating in the private sector
who is acquainted with the issues but not an expert to
be appointed by the members of the Committee who were
appointed under subparagraphs (A) and (C) of subsection
(b)(1);
(D) 1 individual operating in the private sector
who is acquainted with the issues but not an expert to
be appointed by the members of the Committee who were
appointed under subparagraphs (B) and (D) of subsection
(b)(1); and
(E) 4 members of the commission with relevant
expertise.
(3) Meetings.--Meetings of the subcommittees shall be
approved by the Commission.
(g) Report.--Not later than December 31, 1999, and annually
thereafter, the Commission shall prepare and submit to the appropriate
committees of Congress a report which shall contain a detailed
statement of the recommendations, findings, and conclusions of the
Commission.
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section. | Establishes within the Institute of Medicine a Commission to Promote a National Dialogue on Bioethics to: (1) provide an independent forum for broad public participation and discourse concerning important bioethical issues including cloning; and (2) provide for a report to the Congress on its findings and recommendations concerning Federal policy and possible congressional action. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to provide for the establishment of a Commission to Promote a National Dialogue on Bioethics."} | 1,712 | 81 | 0.526777 | 1.346233 | 0.413931 | 3.848485 | 23.469697 | 0.909091 |
TITLE I--PROHIBITION ON CHANNELING OR DIVERTING FUNDS TO CARRY OUT
ACTIVITIES FOR WHICH UNITED STATES ASSISTANCE IS PROHIBITED
Sec. 101. (a) Prohibition.--(1) Whenever any provision of United
States law expressly refers to this section and expressly prohibits all
United States assistance, or all assistance under a specified United
States assistance account, from being provided to any specified foreign
region, country, government, group, or individual for all or specified
activities, then no officer or employee of the executive branch may--
(A) receive, accept, hold, control, use, spend, disburse,
distribute, or transfer any funds or property from any foreign
government (including any instrumentality or agency thereof),
foreign person, or United States person;
(B) use any United States funds or facilities to assist any
transaction whereby a foreign government (including any
instrumentality or agency thereof), foreign person or United
States person provides any funds or property to any third
party; or
(C) provide any United States assistance to any third
party, if the purpose of any such act is the furthering or
carrying out of the same activities, with respect to that
region, country, government, group, or individual, for which
United States assistance is expressly prohibited.
(2) As used within the meaning of paragraph (1), assistance which
is provided for the purpose of furthering or carrying out the same or
similar activities for which United States assistance is expressly
prohibited includes assistance provided under an arrangement
conditioning, expressly or impliedly, action by the recipient to
further those activities.
(b) Penalty.--Any person who knowingly and willfully violates the
provision of subsection (a)(1) shall be imprisoned not more than five
years or fined in accordance with title 18, United States Code, or
both.
(c) Presidential Notification.--(1) Whenever--
(A) any provision of United States law described in
subsection (a)(1) expressly refers to this section and
expressly prohibits the provision of United States assistance
for specified recipients or activities, and
(B) any officer or employee of the executive branch
advocates, promotes, or encourages the provision of funds or
property by any foreign government (including any
instrumentality or agency thereof), foreign person, or United
States person for the purpose of furthering or carrying out the
same or similar activities with respect to such recipients,
then the President shall notify the Congress in a timely fashion that
such advocacy, promotion, or encouragement has occurred. Such
notification may be submitted in classified form.
(2) Nothing in this subsection shall be construed as authorizing
any action prohibited by subsection (a).
(d) Applicability.--The provisions of this section shall not be
superseded except by a provision of law enacted on or after the date of
enactment of the Foreign Relations Authorization Act, Fiscal Years 1990
and 1991, which specifically repeals, modifies, or supersedes the
provisions of this section.
(e) Construction.--(1) Nothing in this section shall be construed
to limit--
(A) the ability of the President, the Vice President, or
any officer or employee of the executive branch to make
statements or otherwise express his views to any party on any
subject;
(B) the ability of an officer or employee of the United
States to express the publicly enunciated policies of the
President; or
(C) the ability of an officer or employee of the United
States to communicate with any foreign country, government,
group, or individual, either directly or through a third party,
with respect to a prohibition on United States assistance
covered by subsection (a)(1), including the reasons for such
prohibitions, and the actions, terms, or conditions which might
lead to the removal of such prohibition.
(2) Nothing in this section shall be construed as waiving or
otherwise derogating from any other provision of law imposing penalties
or obligations with respect to any of the acts described in
subparagraph (A), (B), or (C) of subsection (a)(1).
(f) Definitions.--For purposes of this section--
(1) the term ``person'' includes (A) any natural person,
(B) any corporation, partnership, or other legal entity, and
(C) any organization, association, or other group;
(2) the term ``United States assistance'' means--
(A) assistance of any kind under the Foreign
Assistance Act of 1961;
(B) sales, credits, and guarantees under the Arms
Export Control Act;
(C) export licenses issued under the Arms Control
Act; and
(D) activities authorized pursuant to the National
Security Act of 1947 (50 U.S.C. 410 et seq.), the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a
et seq.), or Executive Order Numbered 12333 (December
4, 1981), excluding any activity involving the
provision or sharing of intelligence information; and
(3) the term ``United States assistance account'' means an
account corresponding to an authorization of appropriations for
United States assistance. | Title I: Prohibition on Channeling or Diverting Funds to Carry Out Activities for Which United States Assistance is Prohibited
- Provides that whenever a provision of U.S. law prohibits all U.S. assistance from being provided to a specified foreign country, region, government, group, or individual, then no officer or employee of the executive branch may: (1) hold, use, or transfer funds for such purpose; (2) use any funds or facilities to assist any transaction whereby a foreign government or person or U.S. person provides such funds; or (3) provide any U.S. assistance to any third party in order to carry out such banned activities. Provides criminal and civil penalties for such prohibited action.
Requires the President to notify the Congress whenever such a prohibition exists and any executive branch officer or employee advocates, promotes, or encourages the provision of funds or property by any foreign government, foreign person, or U.S. person for similar activities. | {"src": "billsum_train", "title": "A bill to prohibit the solicitation or diversion of funds to carry out activities forbidden by law."} | 1,117 | 210 | 0.704977 | 2.089384 | 0.915875 | 3.934426 | 5.693989 | 0.907104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Viral Hepatitis Testing Act of
2014''.
SEC. 2. REVISION AND EXTENSION OF HEPATITIS SURVEILLANCE, EDUCATION,
AND TESTING PROGRAM.
(a) In General.--Section 317N of the Public Health Service Act (42
U.S.C. 247b-15) is amended--
(1) by amending the section heading to read as follows:
``surveillance, education, testing, and linkage to care
regarding hepatitis virus'';
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary shall, in accordance with this
section, carry out surveillance, education, and testing programs with
respect to hepatitis B and hepatitis C virus infections (referred to in
this section as `HBV' and `HCV', respectively). The Secretary may carry
out such programs directly and through grants to public and nonprofit
private entities, including States, political subdivisions of States,
territories, Indian tribes, and public-private partnerships.
``(b) National System.--In carrying out subsection (a), the
Secretary shall, in consultation with States and other public or
nonprofit private entities and public-private partnerships described in
subsection (d), establish a national system with respect to HBV and HCV
with the following goals:
``(1) To determine the incidence and prevalence of such
infections, including providing for the reporting of acute and
chronic cases.
``(2) With respect to the population of individuals who
have such an infection, to carry out testing programs to
increase the number of individuals who are aware of their
infection to 50 percent by December 31, 2014, and to 75 percent
by December 31, 2016.
``(3) To develop and disseminate public information and
education programs for the detection and control of such
infections.
``(4) To improve the education, training, and skills of
health professionals in the detection, control, and care and
treatment, of such infections.
``(5) To provide appropriate referrals for counseling and
medical care and treatment of infected individuals and to
ensure, to the extent practicable, the provision of appropriate
follow-up services.
``(c) High-Risk Populations; Chronic Cases.--
``(1) In general.--The Secretary shall determine the
populations that, for purposes of this section, are considered
at high-risk for HBV or HCV. The Secretary shall include the
following among those considered at high-risk:
``(A) For HBV, individuals born in countries in
which 2 percent or more of the population has HBV or
who are a part of a high-risk category as identified by
the Centers for Disease Control and Prevention.
``(B) For HCV, individuals born between 1945 and
1965 or who are a part of a high-risk category as
identified by the Centers for Disease Control and
Prevention.
``(C) Those who have been exposed to the blood of
infected individuals or of high-risk individuals or who
are family members of such individuals.
``(2) Priority in programs.--In providing for programs
under this section, the Secretary shall give priority--
``(A) to early diagnosis of chronic cases of HBV or
HCV in high-risk populations under paragraph (1); and
``(B) to education, and referrals for counseling
and medical care and treatment, for individuals
diagnosed under subparagraph (A) in order to--
``(i) reduce their risk of dying from end-
stage liver disease and liver cancer, and of
transmitting the infection to others;
``(ii) determine the appropriateness for
treatment to reduce the risk of progression to
cirrhosis and liver cancer;
``(iii) receive ongoing medical management,
including regular monitoring of liver function
and screenings for liver cancer;
``(iv) receive, as appropriate, drug,
alcohol abuse, and mental health treatment;
``(v) in the case of women of childbearing
age, receive education on how to prevent HBV
perinatal infection, and to alleviate fears
associated with pregnancy or raising a family;
and
``(vi) receive such other services as the
Secretary determines to be appropriate.
``(3) Cultural context.--In providing for services pursuant
to paragraph (2) for individuals who are diagnosed under
subparagraph (A) of such paragraph, the Secretary shall seek to
ensure that the services are provided in a culturally and
linguistically appropriate manner.
``(d) Public-Private Partnerships.--
``(1) In general.--In carrying out this section, and not
later than 60 days after the date of the enactment of the Viral
Hepatitis Testing Act of 2014, the Secretary shall, in
consultation with the Assistant Secretary for Health, the
Director of the Centers for Disease Control and Prevention, the
Health Resources and Services Administration, the Substance
Abuse and Mental Health Services Administration, the Office of
Minority Health, the Indian Health Service, other relevant
agencies, and non-government stakeholder entities, establish
and support public-private partnerships that facilitate the
surveillance, education, screening, testing, and linkage to
care programs authorized by this section.
``(2) Duties.--Public-private partnerships established or
supported under paragraph (1) shall--
``(A) focus primarily on the surveillance,
education, screening, testing, and linkage to care
programs authorized by this section;
``(B) generate resources, in addition to the funds
made available pursuant to subsection (f), to carry out
the surveillance, education, screening, testing, and
linkage to care programs authorized in this section by
leveraging Federal funding with non-Federal funding and
support;
``(C) allow for investments in such programs of
financial or in-kind resources by each of the partners
involved in the partnership;
``(D) include corporate and industry entities,
academic institutions, public and non-profit
organizations, community and faith-based organizations,
foundations, and other governmental and non-
governmental organizations; and
``(E) advance the core goals of each of the
partners of the partnership as determined by the
Secretary in development of the partnership.
``(3) Annual reports.--The Secretary shall provide to the
Congress an annual report on the public-private partnerships
established under this subsection. Each such report shall
include--
``(A) the number of public-private partnerships
established;
``(B) specific and quantifiable information on the
surveillance, education, screening, testing, and
linkage to care activities conducted as well as the
outcomes achieved through each of the public-private
partnerships;
``(C) the amount of Federal funding or resources
dedicated to the public-private partnerships;
``(D) the amount of non-Federal funding or
resources leveraged through the public-private
partnerships; and
``(E) a plan for the following year that outlines
future activities.
``(4) Limitation.--No more than 25 percent of the funds
made available to carry out this section may be used for
public-private partnerships established or supported under this
subsection.
``(5) Linkage to care.--For purposes of this section, the
term `linkage to care' means, with respect to an individual
with a diagnosis of HBV or HCV, the referral of such individual
to clinical care for a thorough evaluation of their clinical
status to determine the need for treatment, vaccination for
HBV, or other therapy.
``(e) Agency for Healthcare Research and Quality HBV and HCV
Guidelines.--Due to the rapidly evolving standard of care associated
with diagnosing and treating viral hepatitis infection, the Director of
the Agency for Healthcare Research and Quality shall convene the
Preventive Services Task Force under section 915(a) to review its
recommendation for screening for HBV and HCV infection every 3 years.
``(f) Funding.--
``(1) In general.--In addition to any amounts otherwise
authorized by this Act, there are authorized to be appropriated
to carry out this section--
``(A) $25,000,000 for fiscal year 2014;
``(B) $35,000,000 for fiscal year 2015; and
``(C) $20,000,000 for fiscal year 2016.
``(2) Grants.--Of the amounts appropriated pursuant to
paragraph (1) for a fiscal year, the Secretary shall reserve
not less than 80 percent for making grants under subsection
(a).
``(3) Source of funds.--The funds made available to carry
out this section shall be derived exclusively from the funds
appropriated or otherwise made available for planning and
evaluation under this Act.''.
(b) Savings Provision.--The amendments made by this section shall
not be construed to require termination of any program or activity
carried out by the Secretary of Health and Human Services under section
317N of the Public Health Service Act (42 U.S.C. 247b-15) as in effect
on the day before the date of the enactment of this Act. | Viral Hepatitis Testing Act of 2014 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to carry out surveillance, education, and testing programs with respect to hepatitis B (HBV) and hepatitis C (HCV) virus infections. Requires the Secretary to establish a national system with respect to HBV and HCV to: (1) determine the prevalence of such infections; (2) carry out testing programs to increase the number of individuals who are aware of their infection; (3) disseminate public information and education programs for the detection and control of such infections; (4) improve the training of health professionals in the detection, control, and treatment of such infections; and (5) provide referrals for counseling and medical treatment and ensure the provision of follow-up services. Directs the Secretary to determine the populations that are considered at high risk. Directs the Secretary to establish and support public-private partnerships that facilitate such HBV and HCV surveillance, education, screening, testing, and linkage to care programs. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to convene the Preventive Services Task Force every three years to review its recommendation for HBV and HCV screening. | {"src": "billsum_train", "title": "Viral Hepatitis Testing Act of 2014"} | 1,992 | 274 | 0.683744 | 2.062563 | 0.926914 | 4.721519 | 8.067511 | 0.966245 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Migratory Bird Treaty Reform Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Migratory Bird Treaty Act was enacted in 1918 to
implement the 1916 Convention for the Protection of Migratory
Birds between the United States and Great Britain (for Canada).
The Act was later amended to reflect similar agreements with
Mexico, Japan, and the former Soviet Union.
(2) Pursuant to the Migratory Bird Treaty Act, the
Secretary of the Interior is authorized to promulgate
regulations specifying when, how, and whether migratory birds
may be hunted.
(3) Contained within these regulations are prohibitions on
certain methods of hunting migratory game birds to better
manage and conserve this resource. These prohibitions, many of
which were recommended by sportsmen, have been in place for
over 60 years and have received broad acceptance among the
hunting community with one principal exception relating to the
application and interpretation of the prohibitions on the
hunting of migratory game birds by the aid of baiting, or on or
over any baited area.
(4) The prohibitions regarding the hunting of migratory
game birds by the aid of bait, or on or over bait, have been
fraught with interpretive difficulties on the part of law
enforcement, the hunting community, and courts of law. Hunters
who desire to comply with applicable regulations have been
subject to citation for violations of the regulations due to
the lack of clarity, inconsistent interpretations, and
enforcement. The baiting regulations have been the subject of
multiple congressional hearings and a law enforcement advisory
commission.
(5) Restrictions on the hunting of migratory game birds by
the aid of baiting, or on or over any baited area, must be
clarified in a manner that recognizes the national and
international importance of protecting the migratory bird
resource while ensuring consistency and appropriate enforcement
including the principles of ``fair chase''.
SEC. 3. CLARIFYING HUNTING PROHIBITIONS.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C. 704) is
amended--
(1) by inserting ``(a)'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b)(1) No person shall--
``(A) take any migratory game bird by the aid of baiting,
or on or over any baited area, where the person knows or
reasonably should have known that the area is a baited area; or
``(B) place or direct the placement of bait on or adjacent
to an area for the purpose of causing, inducing, or allowing
any person to take or attempt to take any migratory game bird
by the aid of baiting or on or over the baited area.
``(2) Nothing in this subsection prohibits any of the following:
``(A) The taking of any migratory game bird, including
waterfowl, from a blind or other place of concealment
camouflaged with natural vegetation.
``(B) The taking of any migratory game bird, including
waterfowl, on or over--
``(i) standing crops, flooded standing crops
(including aquatics), flooded harvested croplands,
grain crops properly shocked on the field where grown;
or
``(ii) grains, agricultural seeds, or other feed
scattered solely as a result of--
``(I) accepted soil stabilization practices
or accepted agricultural planting, harvesting,
or manipulation after harvest; or
``(II) entering or exiting of areas by
hunters or normal hunting activities such as
decoy placement or bird retrieval, if
reasonable care is used to minimize the
scattering of grains, agricultural seeds, or
other feed.
``(C) The taking of any migratory game bird, except
waterfowl, on or over any lands where salt, grain, or other
feed has been distributed or scattered as a result of--
``(i) accepted soil stabilization practices;
``(ii) accepted agricultural operations or
procedures; or
``(iii) the alteration for wildlife management
purposes of a crop or other feed on the land where it
was grown, other than distribution of grain or other
feed after the grain or other feed is harvested or
removed from the site where it was grown.
``(3) As used in this subsection:
``(A)(i) Except as otherwise provided in this Act, the term
`baiting' means the intentional or unintentional placement of
salt, grain, or other feed capable of attracting migratory game
birds, in such a quantity and in such a manner as to serve as
an attractant to such birds to, on, or over an area where
hunters are attempting to take them, by--
``(I) placing, exposing, depositing, distributing,
or scattering salt, grain, or other feed grown off-
site;
``(II) redistributing grain or other feed after it
is harvested or removed from the site where grown;
``(III) altering agricultural crops, other than by
accepted agricultural planting, harvesting, or
manipulation after harvest, altering millet planted for
nonagricultural purposes (planted millet), or altering
other vegetation (as specified in migratory bird
hunting regulations issued by the Secretary of the
Interior) planted for nonagricultural purposes; or
``(IV) gathering, collecting, or concentrating
natural vegetation, planted millet, or other vegetation
(as specified in migratory bird hunting regulations
issued by the Secretary of the Interior) planted for
nonagricultural purposes, following alteration or
harvest.
``(ii) The term `baiting' does not include--
``(I) redistribution, alteration, or concentration
of grain or other feed caused by flooding, whether
natural or man induced; or
``(II) alteration of natural vegetation on the site
where grown, other than alteration described in clause
(i)(IV).
``(iii) With respect only to the taking of waterfowl, the
term `baiting'--
``(I) does not include, with respect to the first
special September waterfowl hunting season locally in
effect or any subsequent waterfowl hunting season, an
alteration of planted millet or other vegetation (as
specified in such regulations), other than an
alteration described in clause (i)(IV), occurring
before the 10-day period preceding the opening date (as
published in the Federal Register) of that first
special season; and
``(II) does not include, with respect to the first
regular waterfowl hunting season locally in effect or
any subsequent waterfowl hunting season, such an
alteration occurring before the 10-day period preceding
the opening date (as published in the Federal Register)
of that first regular season.
``(B) The term `baited area' means any area that contains
salt, grain, or other feed referred to in subparagraph (A)(i)
that was placed in that area by baiting. Such an area shall
remain a baited area for 10 days following complete removal of
such salt, grain, or other feed.
``(C) The term `accepted agricultural planting, harvesting,
and manipulation after harvest' means techniques of planting,
harvesting, and manipulation after harvest that are--
``(i) used by agricultural operators in the area
for agricultural purposes; and
``(ii) approved by the State fish and wildlife
agency after consultation with the Cooperative State
Research, Education, and Extension Service, the Natural
Resources Conservation Service, and the United States
Fish and Wildlife Service.
``(D) The term `accepted agricultural operations or
procedures' means techniques that are--
``(i) used by agricultural operators in the area
for agricultural purposes; and
``(ii) approved by the State fish and wildlife
agency after consultation with the State Cooperative
State Research, Education, and Extension Service, the
State Office of the Natural Resources Conservation
Service, and the United States Fish and Wildlife
Service.
``(E) The term `accepted soil stabilization practices'
means techniques that are--
``(i) used in the area solely for soil
stabilization purposes, including erosion control; and
``(ii) approved by the State fish and wildlife
agency after consultation with the State Cooperative
State Research, Education, and Extension Service, the
State Office of the Natural Resources Conservation
Service, and the United States Fish and Wildlife
Service.
``(F) With respect only to planted millet or other
vegetation (as designated in migratory bird hunting regulations
issued by the Secretary of the Interior) planted for
nonagricultural purposes, the term `planted'--
``(i) subject to clause (ii), means sown with seeds
that have been harvested; and
``(ii) does not include alteration of mature stands
of planted millet or of such other vegetation planted
for nonagricultural purposes.
``(G) The term `migratory game bird' means any migratory
bird included in the term `migratory game birds' under part
20.11 of title 50, Code of Federal Regulations, as in effect
October 3, 1997.''.
SEC. 4. PENALTIES.
Section 6(c) of the Migratory Bird Treaty Act (16 U.S.C. 707(c)) is
amended as follows:
(1) By striking ``All guns,'' and inserting ``(1) Except as
provided in paragraph (2), all guns''.
(2) By adding the following at the end:
``(2) In lieu of seizing any personal property not crucial to the
prosecution of the alleged offense, the Secretary of the Interior shall
permit the owner or operator of the personal property to post bond or
other collateral pending the disposition of any proceeding under this
Act.''. | Migratory Bird Treaty Reform Act - Amends the Migratory Bird Treaty Act to prohibit persons from: (1) taking migratory birds by the aid of baiting, or on or over any baited area, where they know or should have known that the area is a baited area; or (2) placing or directing the placement of bait on or adjacent to an area for purposes of causing, inducing, or allowing any person to take or attempt to take any migratory bird by the aid of baiting on or over the baited area.
Defines "baiting" as the placement of salt, grain, or other feed capable of attracting migratory birds in such a quantity and in such a manner as to serve as an attractant to such birds to or over an area where hunters are attempting to take them by: (1) placing or distributing salt, grain, or other feed grown off-site; (2) redistributing grain or other feed after it is harvested or removed from the site where grown; (3) altering agricultural crops (other than by accepted agricultural planting, harvesting, or manipulation after harvest), altering millet planted for nonagricultural purposes, or altering other nonagricultural vegetation; or (4) gathering, collecting, or concentrating natural vegetation, planted millet, or other vegetation planted for nonagricultural purposes following alteration or harvest.
Excludes from such definition: (1) redistribution, alteration, or concentration of grain or other feed caused by flooding, whether natural or man induced; or (2) alteration of natural vegetation on the site where grown other than alterations described above.
Makes other exclusions from such definition with respect to certain alterations of planted millet or other vegetation during the waterfowl hunting season.
Amends penalty provisions to require the Secretary of the Interior, in lieu of seizing any personal property not crucial to the prosecution of the alleged offense, to permit the owner or operator of such property to post bond or other collateral pending the disposition of any proceeding. | {"src": "billsum_train", "title": "Migratory Bird Treaty Reform Act"} | 2,197 | 445 | 0.56259 | 1.766302 | 0.722256 | 5.657068 | 5.337696 | 0.934555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Small Business Lending
Act''.
SEC. 2. FEE REDUCTIONS.
(a) Administrative Provisions Small Business Administration.--Until
September 30, 2015, and to the extent that the cost of such elimination
or reduction of fees is offset by appropriations, with respect to each
loan guaranteed under section 7(a) of the Small Business Act (15 U.S.C.
636(a)) and section 3 of this Act, for which the application is
approved on or after the date of enactment of this Act, the
Administrator shall--
(1) in lieu of the fee otherwise applicable under section
7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect no fee or reduce fees to the maximum
extent possible; and
(2) in lieu of the fee otherwise applicable under section
7(a)(18)(A) of the Small Business Act (15 U.S.C.
636(a)(18)(A)), collect no fee or reduce fees to the maximum
extent possible.
(b) Temporary Fee Elimination for the 504 Loan Program.--
(1) In general.--Until September 30, 2015, and to the
extent the cost of such elimination in fees is offset by
appropriations, with respect to each project or loan guaranteed
by the Administrator pursuant to title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) for which an
application is approved or pending approval on or after the
date of enactment of this Act--
(A) the Administrator shall, in lieu of the fee
otherwise applicable under section 503(d)(2) of the
Small Business Investment Act of 1958 (15 U.S.C.
697(d)(2)), collect no fee; and
(B) a development company shall, in lieu of the
processing fee under section 120.971(a)(1) of title 13,
Code of Federal Regulations (relating to fees paid by
borrowers), or any successor thereto, collect no fee.
(2) Reimbursement for waived fees.--
(A) In general.--To the extent that the cost of
such payments is offset by appropriations, the
Administrator shall reimburse each development company
that does not collect a processing fee pursuant to
paragraph (1)(B).
(B) Amount.--The payment to a development company
under subparagraph (A) shall be in an amount equal to
1.5 percent of the net debenture proceeds for which the
development company does not collect a processing fee
pursuant to paragraph (1)(B).
(c) Application of Fee Eliminations.--To the extent that amounts
are made available to the Administrator for the purpose of fee
eliminations or reductions under subsection (a), the Administrator
shall--
(1) first use any amounts provided to eliminate or reduce
fees paid by small business borrowers under clauses (i) through
(iii) of paragraph (18)(A), to the maximum extent possible;
(2) then use any amounts provided to eliminate or reduce
fees under paragraph (23)(A) paid by small business lenders
with assets less than $1,000,000,000 as of the date of
enactment; and
(3) then use any remaining amounts appropriated under this
Act to reduce fees paid by small business lenders other than
those with assets less than $1,000,000,000.
SEC. 3. ECONOMIC STIMULUS LENDING PROGRAM FOR SMALL BUSINESSES.
(a) In General.--The Administrator may guarantee up to 90 percent
of qualifying small business loans made by eligible lenders.
(b) Definitions.--For purposes of this section:
(1) The term ``Administrator'' means the Administrator of
the Small Business Administration.
(2) The term ``qualifying small business loan'' means any
loan to a small business concern pursuant to section 7(a) of
the Small Business Act (15 U.S.C. 636) or title V of the Small
Business Investment Act of 1958 (15 U.S.C. 695 and following)
except for such loans made under section 7(a)(31).
(3) The term ``small business concern'' has the same
meaning as provided by section 3 of the Small Business Act (15
U.S.C. 632).
(c) Nonapplication of Section to Certain Loans.--
(1) Aliens unlawfully present in the united states.--A loan
guarantee may not be made under this section for a loan made to
a concern if an individual who is an alien unlawfully present
in the United States--
(A) has an ownership interest in that concern; or
(B) has an ownership interest in another concern
that itself has an ownership interest in that concern.
(2) Firms in violation of immigration laws.--No loan
guarantee may be made under this section for a loan to any
entity found, based on a determination by the Secretary of
Homeland Security or the Attorney General to have engaged in a
pattern or practice of hiring, recruiting or referring for a
fee, for employment in the United States persons knowing those
persons are or would be aliens unlawfully present in the United
States.
(d) Criminal Background Checks.--Before approval of any loan
guarantee under this section, the Administrator may verify the
applicant's criminal background, or lack thereof, through the best
available means, including, if possible, use of the National Crime
Information Center computer system at the Federal Bureau of
Investigation.
(e) Application of Other Law.--Nothing in this section shall be
construed to exempt any activity of the Administrator under this
section from the Federal Credit Reform Act of 1990 (title V of the
Congressional Budget and Impoundment Control Act of 1974; 2 U.S.C. 661
and following).
(f) Small Business Act Provisions.--The provisions of the Small
Business Act applicable to loan guarantees under section 7 of that Act
and regulations promulgated thereunder as of the date of the enactment
of this Act shall apply to loan guarantees under this section except as
otherwise provided in this section.
(g) Sunset.--Loan guarantees may not be issued under this section
later than one year after the date of the enactment of this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act. | Increasing Small Business Lending Act - Amends the Small Business Act to suspend, until September 30, 2015, fees under the 7(a) program (SBA-guaranteed loans to small businesses) and the 504 program (financing to small businesses backed by SBA-guaranteed debentures issued by any qualified state or local development company). Authorizes the SBA to guarantee up to 90% of a loan made by a private lender to a small business eligible for a loan guarantee under the Small Business Act or the Small Business Investment Act of 1958. Prohibits such guarantees with respect to small businesses: (1) in which an unlawful alien has an ownership interest, or (2) in violation of immigration laws. | {"src": "billsum_train", "title": "Increasing Small Business Lending Act"} | 1,399 | 160 | 0.508857 | 1.484869 | 0.717625 | 2.308271 | 9.203008 | 0.834586 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lung Cancer Mortality Reduction Act
of 2011''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Lung cancer is the leading cause of cancer death for
both men and women, accounting for 28 percent of all cancer
deaths.
(2) The National Cancer Institute estimates that in 2010,
there were 222,520 new diagnoses of lung cancer and 157,300
deaths attributed to the disease.
(3) According to projections published in the Journal of
Clinical Oncology in 2009, between 2010 and 2030, the incidence
of lung cancer will increase by 46 percent for women and by 58
percent for men. The increase in the incidence of lung cancer
among minority communities during that time period will range
from 74 percent to 191 percent.
(4) Lung cancer causes more deaths annually than the next 4
leading causes of cancer deaths, colon cancer, breast cancer,
prostate cancer, and pancreatic cancer, combined.
(5) The 5-year survival rate for lung cancer is only 15
percent, while the 5-year survival rate for breast cancer is 89
percent, for prostate cancer 99 percent, and for colon cancer
65 percent. Yet in research dollars per death, lung cancer is
the least funded of the major cancers.
(6) In 2001, the Lung Cancer Progress Review Group of the
National Cancer Institute stated that funding for lung cancer
research was ``far below the levels characterized for other
common malignancies and far out of proportion to its massive
health impact'' and it gave the ``highest priority'' to the
creation of an integrated multidisciplinary, multi-
institutional research program. No comprehensive plan has been
developed.
(7) While smoking is the leading risk factor for lung
cancer, the President's National Cancer Advisory Board Report
of 2010 identified radon as the second leading cause of lung
cancer and listed 15 other environmental contaminants strongly
association with lung cancer, and there is accumulating
evidence that hormonal and genetic factors may influence the
onset.
(8) Lung cancer is the most stigmatized of all the cancers
and the only cancer blamed on patients, whether they smoked or
not.
(9) Nearly 20 percent of lung cancer patients have never
smoked. Sixty percent of individuals diagnosed with lung cancer
are former smokers who quit, often decades ago.
(10) Lung cancer in men and women who never smoked is the
sixth leading cause of cancer death. Of individuals diagnosed
with lung cancer who have never smoked, \2/3\ of are women.
(11) Lung cancer is the leading cause of cancer death in
the overall population and in every major ethnic grouping,
including White, African-American, Hispanic, Asian and Pacific
Islander, American Indian, and Alaskan Native, with an even
disproportionately higher impact on African-American males that
has not been addressed.
(12) Military personnel, veterans, and munitions workers
exposed to carcinogens such as Agent Orange, crystalline forms
of silica, arsenic, uranium, beryllium, and battlefield fuel
emissions have increased risk for lung cancer.
(13) Only 16 percent of lung cancer is being diagnosed at
an early stage and there were no targets for the early
detection or treatment of lung cancer included in the
Department of Health and Human Services's ``Healthy People
2010'' or ``Healthy People 2020''.
(14) An actuarial analysis carried out by Milliman Inc. and
published in Population Health Management Journal in 2009
indicated that early detection of lung cancer could save more
than 70,000 lives a year in the United States.
(15) A National Cancer Institute study in 2009 indicated
that while the value of life lost to lung cancer will exceed
$433,000,000,000 a year by 2020, a 4-percent annual decline in
lung cancer mortality would reduce that amount by more than
half.
(16) In 2010, the National Cancer Institute released
initial results from the National Lung Screening Trial, a
large-scale randomized national trial that compared the effect
of low-dose helical computed tomography (``CT'') and a standard
chest x-ray on lung cancer mortality. The study found 20
percent fewer lung cancer deaths among study participants
screened with the CT scan.
SEC. 3. SENSE OF THE CONGRESS CONCERNING INVESTMENT IN LUNG CANCER
RESEARCH.
It is the sense of the Congress that--
(1) lung cancer mortality reduction should be made a
national public health priority; and
(2) a comprehensive mortality reduction program coordinated
by the Secretary of Health and Human Services is justified and
necessary to adequately address all aspects of lung cancer and
reduce lung cancer mortality among current smokers, former
smokers, and non-smokers.
SEC. 4. LUNG CANCER MORTALITY REDUCTION PROGRAM.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-6. LUNG CANCER MORTALITY REDUCTION PROGRAM.
``(a) In General.--Not later than 180 days after the date of
enactment of the Lung Cancer Mortality Reduction Act of 2011, the
Secretary, in consultation with the Secretary of Defense, the Secretary
of Veterans Affairs, the Director of the National Institutes of Health,
the Director of the Centers for Disease Control and Prevention, the
Commissioner of Food and Drugs, the Administrator of the Centers for
Medicare & Medicaid Services, the Director of the National Center on
Minority Health and Health Disparities, and other members of the Lung
Cancer Advisory Board established under section 7 of the Lung Cancer
Mortality Reduction Act of 2011, shall implement a comprehensive
program to achieve a 50-percent reduction in the mortality rate of lung
cancer by 2020.
``(b) Requirements.--The program implemented under subsection (a)
shall include at least the following:
``(1) With respect to the National Institutes of Health--
``(A) a strategic review and prioritization by the
National Cancer Institute of research grants to achieve
the goal of the lung cancer mortality reduction program
in reducing lung cancer mortality;
``(B) the provision of funds to enable the Airway
Biology and Disease Branch of the National Heart, Lung,
and Blood Institute to expand its research programs to
include predispositions to lung cancer, the
interrelationship between lung cancer and other
pulmonary and cardiac disease, and the diagnosis and
treatment of these interrelationships;
``(C) the provision of funds to enable the National
Institute of Biomedical Imaging and Bioengineering to
expedite the development of screening, diagnostic,
surgical, treatment, and drug testing innovations to
facilitate the potential of imaging as a biomarker and
reduce lung cancer mortality, such as through expansion
of the Quantum Grant Program and Image-Guided
Interventions programs of the National Institute of
Biomedical Imaging and Bioengineering;
``(D) the provision of funds to enable the National
Institute of Environmental Health Sciences to implement
research programs relative to lung cancer incidence;
and
``(E) the provision of funds to enable the National
Institute on Minority Health and Health Disparities to
collaborate on prevention, early detection, and disease
management research, and to conduct outreach programs
in order to address the impact of lung cancer on
minority populations.
``(2) With respect to the Food and Drug Administration, the
provision of funds to enable the Center for Devices and
Radiologic Health to--
``(A) establish quality standards and guidelines
for hospitals, outpatient departments, clinics,
radiology practices, mobile units, physician offices,
or other facilities that conduct computed tomography
screening for lung cancer;
``(B) provide for the expedited revision of
standards and guidelines, as required to accommodate
technological advances in imaging; and
``(C) conduct an annual random sample survey to
review compliance and evaluate dose and accuracy
performance.
``(3) With respect to the Centers for Disease Control and
Prevention--
``(A) the provision of funds to establish a Lung
Cancer Early Detection Program that provides low-
income, uninsured, and underserved populations that are
at high risk for lung cancer access to early detection
services;
``(B) the provision of funds to enable the National
Institute for Occupational Safety and Health to conduct
research on environmental contaminants strongly
associated with lung cancer in the workplace and
implement measures to reduce lung cancer risk and
provide for an early detection program; and
``(C) a requirement that State, tribal, and
territorial plans developed under the National
Comprehensive Cancer Control Program include lung
cancer mortality reduction measures commensurate with
the public health impact of lung cancer.
``(4) With respect to the Agency for Healthcare Research
and Quality, the annual review of lung cancer early detection
methods, diagnostic and treatment protocols, and the issuance
of updated guidelines.
``(5) The cooperation and coordination of all programs for
women, minorities, and health disparities within the Department
of Health and Human Services to ensure that all aspects of the
Lung Cancer Mortality Reduction Program adequately address the
burden of lung cancer on women and minority, rural, and
underserved populations.
``(6) The cooperation and coordination of all tobacco
control and cessation programs within agencies of the
Department of Health and Human Services to achieve the goals of
the Lung Cancer Mortality Reduction Program with particular
emphasis on the coordination of drug and other cessation
treatments with early detection protocols.''.
SEC. 5. DEPARTMENT OF DEFENSE AND THE DEPARTMENT OF VETERANS AFFAIRS.
The Secretary of Defense and the Secretary of Veterans Affairs
shall coordinate with the Secretary of Health and Human Services--
(1) in developing the Lung Cancer Mortality Reduction
Program under section 399V-6 of the Public Health Service Act,
as added by section 4;
(2) in implementing the demonstration project under section
6 within the Department of Defense and the Department of
Veterans Affairs with respect to military personnel and
veterans whose smoking history and exposure to carcinogens
during active duty service has increased their risk for lung
cancer; and
(3) in implementing coordinated care programs for military
personnel and veterans diagnosed with lung cancer.
SEC. 6. LUNG CANCER SCREENING DEMONSTRATION PROJECT.
(a) Sense of the Congress.--It is the sense of the Congress that a
national computed tomography lung cancer screening demonstration
project should be carried out expeditiously in order to assess the
public health infrastructure needs and to develop the most effective,
safe, equitable, and efficient process that will maximize the public
health benefits of screening.
(b) Demonstration Project in General.--Not later than 1 year after
the date of enactment of this Act, the Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''), in
consultation with the Secretary of Defense, the Secretary of Veterans
Affairs, the Director of the National Institutes of Health, the
Director of the Centers for Disease Control and Prevention, the
Commissioner of Food and Drugs, the Administrator of the Centers for
Medicare & Medicaid Services, and the other members of the Lung Cancer
Advisory Board established under section 7 of the Lung Cancer Mortality
Reduction Act of 2011, shall establish a demonstration project, to be
known as the Lung Cancer Computed Tomography Screening and Treatment
Demonstration Project (referred to in this section as the
``demonstration project'').
(c) Program Requirements.--The Secretary shall ensure that the
demonstration project--
(1) identifies the optimal risk populations that would
benefit from screening;
(2) develops the most effective, safe, equitable and cost-
efficient process for screening and early disease management;
(3) allows for continuous improvements in quality controls
for the process; and
(4) serves as a model for the integration of health
information technology and the concept of a rapid learning into
the health care system.
(d) Participation.--The Secretary shall select not less than 5
National Cancer Institute Centers, 5 Department of Defense Medical
Treatment Centers, 5 sites within the Veterans Affairs Healthcare
Network, 5 International Early Lung Cancer Action Program sites, 10
community health centers for minority and underserved populations, and
additional sites as the Secretary determines appropriate, as sites to
carry out the demonstration project described under this section.
(e) Quality Standards and Guidelines for Licensing of Tomography
Screening Facilities.--The Secretary shall establish quality standards
and guidelines for the licensing of hospitals, outpatient departments,
clinics, radiology practices, mobile units, physician offices, or other
facilities that conduct computed tomography screening for lung cancer
through the demonstration project, that will require the establishment
and maintenance of a quality assurance and quality control program at
each such facility that is adequate and appropriate to ensure the
reliability, clarity, and accuracy of the equipment and interpretation
of the screening scan and set appropriate standards to control the
levels of radiation dose.
(f) Timeframe.--The Secretary shall conduct the demonstration
project under this section for a 5-year period.
(g) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit a report to Congress on the
projected cost of the demonstration project, and shall submit annual
reports to Congress thereafter on the progress of the demonstration
project and preliminary findings.
SEC. 7. LUNG CANCER ADVISORY BOARD.
(a) In General.--The Secretary of Health and Human Services shall
establish a Lung Cancer Advisory Board (referred to in this section as
the ``Board'') to monitor the programs established under this Act (and
the amendments made by this Act), and provide annual reports to
Congress concerning benchmarks, expenditures, lung cancer statistics,
and the public health impact of such programs.
(b) Composition.--The Board shall be composed of--
(1) the Secretary of Health and Human Services;
(2) the Secretary of Defense;
(3) the Secretary of Veterans Affairs;
(4) the Director of the Occupational Safety and Health
Administration;
(5) the Director of the National Institute of Standards and
Technology; and
(6) one representative each from the fields of clinical
medicine focused on lung cancer, lung cancer research,
radiology, imaging research, drug development, minority health
advocacy, veterans service organizations, lung cancer advocacy,
and occupational medicine to be appointed by the Secretary of
Health and Human Services.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act (and the amendments made by this Act), there
are authorized to be appropriated such sums as may be necessary for
each of fiscal years 2012 through 2016. | Lung Cancer Mortality Reduction Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to implement a comprehensive program to achieve a 50% reduction in the mortality rate of lung cancer by 2020. Requires the program to include initiatives throughout HHS, including: (1) a strategic review and prioritization by the National Cancer Institute of research grants; (2) the establishment by the Food and Drug Administration (FDA) of quality standards and guidelines for facilities that conduct computed tomography screening for lung cancer; and (3) the provision of funds to the Centers for Disease Control and Prevention (CDC) to establish a Lung Cancer Early Detection Program that provides low-income, uninsured, and underserved populations that are at high risk for lung cancer access to early detection services.
Requires the Secretary of Defense (DOD) and the Secretary of Veterans Affairs (VA) to coordinate with the Secretary of HHS in implementing this Act and implementing coordinated care programs for military personnel and veterans diagnosed with lung cancer.
Requires the Secretary of HHS to establish: (1) the Lung Cancer Computed Tomography Screening and Treatment Demonstration Project; and (2) the Lung Cancer Advisory Board to monitor the programs established under this Act. | {"src": "billsum_train", "title": "To establish a comprehensive interagency response to reduce lung cancer mortality in a timely manner."} | 3,149 | 284 | 0.433925 | 1.176429 | 0.706028 | 4.860082 | 12.341564 | 0.934156 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Child and Adult
Care Food Program Integrity Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Eligibility criteria for participating organizations.
Sec. 3. Approval of sponsoring organizations; other requirements.
Sec. 4. Termination or suspension of participating organizations.
Sec. 5. Recovery of amounts from institutions.
Sec. 6. Limitation on administrative expenses for certain sponsoring
organizations.
Sec. 7. Limitations on ability of family or group day care homes to
transfer sponsoring organizations.
Sec. 8. Reallocation of audit funds.
Sec. 9. Technical and training assistance for identification and
prevention of fraud and abuse.
Sec. 10. Statewide demonstration projects involving private for-profit
organizations that provide nonresidential
day care services.
Sec. 11. Program for at-risk school children.
Sec. 12. Withholding of funds for failure to provide sufficient
training, technical assistance, and
monitoring.
SEC. 2. ELIGIBILITY CRITERIA FOR PARTICIPATING ORGANIZATIONS.
Section 17(a)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(a)(2)) is amended--
(1) in subparagraph (B), by inserting ``, or has not been
determined to be ineligible to participate in any other Federal
program by reason of violation of the requirements of such
program'' before ``, for a period'';
(2) in subparagraph (C), by striking ``; and'' and
inserting ``, and in the case of a sponsoring organization, the
organization shall employ an appropriate number of monitoring
personnel based upon the number and characteristics of child
care centers and family or group day care homes sponsored by
the organization, as approved by the State (in accordance with
regulations developed by the Secretary), to ensure effective
oversight of the operations of the child care centers and
family or group day care homes;'';
(3) in subparagraph (D), by striking the period and
inserting a semicolon; and
(4) by adding at the end the following:
``(E) in the case of a sponsoring organization,
that such organization has in effect a policy that
restricts other employment by employees that interferes
with the responsibilities and duties of such sponsoring
organization employees with respect to the program; and
``(F) in the case of a private institution that
applies for initial participation in the program on or
after the date of the enactment of the Child and Adult
Care Food Program Integrity Act of 2000, that, if the
State requires such institutions to be bonded under
State law, regulation, or policy, the institution is
bonded in accordance with such law, regulation, or
policy.''.
SEC. 3. APPROVAL OF SPONSORING ORGANIZATIONS; OTHER REQUIREMENTS.
(a) Approval of Sponsoring Organizations.--Section 17(d)(1) of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1766(d)(1)) is
amended--
(1) by striking ``(d)(1) Any eligible public institution''
and inserting ``(d)(1)(A) Any eligible public institution'';
(2) by striking ``Any eligible private institution'' and
inserting ``Subject to subparagraph (B), any eligible private
institution'';
(3)(A) by striking ``(A) has tax exempt status'' and
inserting ``(i) has tax exempt status''; and
(B) by striking ``(B) is currently operating'' and
inserting ``(ii) is currently operating''; and
(4) by adding at the end the following:
``(B) In approving the initial application of a sponsoring
organization for participation in the program, the State shall consider
whether the sponsoring organization has the administrative capability
to operate the program (including whether or not the sponsoring
organization has business experience and management plans appropriate
to operate the program), would fulfill an identified need under the
program, and will meet the other requirements of this section. In the
case of a sponsoring organization of a family or group day care home
seeking approval for participation in the program on or after the date
of the enactment of the Child and Adult Care Food Program Integrity Act
of 2000, the State may limit the number of such sponsoring
organizations in any geographical area of the State if the State
determines that a sufficient number of sponsoring organizations, based
on identified and documented need, are available and able to serve the
day care homes in the geographical area.''.
(b) Site Visits.--Section 17(d)(2)(A) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(d)(2)(A)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) by redesignating clause (ii) as clause (iii); and
(3) by inserting after clause (i) the following:
``(ii)(I) requires periodic unannounced site visits at not
less than 3-year intervals to sponsored child care centers and
family or group day care homes to identify and prevent
management deficiencies and fraud and abuse under the program;
``(II) requires at least one scheduled site visit each year
to sponsored child care centers and family or group day care
homes to identify and prevent management deficiencies and fraud
and abuse under the program and to improve program operations;
and
``(III) requires at least one scheduled site visit at not
less than 3-year intervals to institutions to identify and
prevent management deficiencies and fraud and abuse under the
program and to improve program operations; and''.
(c) Program Information.--
(1) In general.--Section 17(d) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(d)) is amended by
adding at the end the following:
``(3)(A) Upon enrollment of a child in a sponsored child care
center or family or group day care home participating in the program,
the center or home (or its sponsoring organization) shall provide to
the child's parents or guardians information that describes the program
and its benefits and the name and telephone number of the sponsoring
organization of the center or home and the State agency involved in the
operation of the program.
``(B) The information described in subparagraph (A) shall be in a
form and, to the extent practicable, language easily understandable by
the child's parents or guardians.''.
(2) Effective date.--In the case of a child that is
enrolled in a sponsored child care center or family or group
day care home participating in the child and adult care food
program under section 17 of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766) before the date of the
enactment of this Act, the center or home shall provide
information to the child's parents or guardians pursuant to
section 17(d)(3) of such Act, as added by paragraph (1), not
later than 90 days after the date of the enactment of this Act.
(d) Allowable Administrative Expenses for Sponsoring
Organizations.--Section 17(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1766(d)), as amended by subsection (c), is further
amended by adding at the end the following:
``(4) The Secretary, in consultation with State agencies and
sponsoring organizations, shall develop and provide for the
dissemination to State agencies and institutions, of a list of
allowable reimbursable administrative expenses for sponsoring
organizations under the program.''.
SEC. 4. TERMINATION OR SUSPENSION OF PARTICIPATING ORGANIZATIONS.
Section 17(d) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(d)), as amended by section (3), is further amended by
adding at the end the following:
``(5)(A) The Secretary shall establish procedures for the
termination of participation by institutions and sponsored child care
centers and family or group day care homes under the program.
``(B) Procedures established pursuant to subparagraph (A) shall
include standards for terminating the participation of an institution
or sponsored child care center or family or group day care home that--
``(i) engages in unlawful practices, falsifies information
provided to the State agency, or conceals a criminal
background; or
``(ii) substantially fails to fulfill the terms of its
agreement with the State agency.
``(C) Procedures established pursuant to subparagraph (A)--
``(i) shall require an entity described in clause (i) or
(ii) of subparagraph (B) to undertake corrective action; and
``(ii) may require the immediate suspension of operation of
the program by an entity described in clause (i) or (ii) of
subparagraph (B), without the opportunity for corrective
action, if the State agency determines that there is imminent
threat to the health or safety of a participant at the entity
or the entity engages in any activity that poses a threat to
public health or safety.
``(D) An institution or sponsored child care center or family or
group day care home shall be provided a fair hearing in accordance with
subsection (e)(1) prior to any determination to terminate participation
by the institution under the program.
``(E) The Secretary shall maintain a list of institutions,
sponsored child care centers, sponsored family or group day care homes,
and individuals that have been terminated or otherwise disqualified
from participation in the program. The Secretary shall make such list
available to State agencies for use in approving or renewing
applications by institutions, sponsored child care centers, sponsored
family or group day care homes, and individuals for participation in
the program.''.
SEC. 5. RECOVERY OF AMOUNTS FROM INSTITUTIONS.
Section 17(f)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(1)) is amended--
(1) by striking ``(f)(1) Funds paid'' and inserting
``(f)(1)(A) Funds paid''; and
(2) by adding at the end the following:
``(B)(i) The State may recover funds disbursed under subparagraph
(A) to an institution if the State determines that the institution has
engaged in fraud or abuse with respect to the program or has submitted
an invalid claim for reimbursement.
``(ii) Amounts recovered under clause (i)--
``(I) may be paid by the institution to the State over a
period of 1 or more years; and
``(II) shall not be paid from funds used to provide meals
and supplements.
``(iii) An institution shall be provided a fair hearing in
accordance with subsection (e)(1) prior to any determination to recover
funds under this subparagraph.''.
SEC. 6. LIMITATION ON ADMINISTRATIVE EXPENSES FOR CERTAIN SPONSORING
ORGANIZATIONS.
Section 17(f)(2) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(2)) is amended by adding at the end the
following:
``(C)(i) Except as provided in clause (ii), a sponsoring
organization of a day care center may reserve not more than 15 percent
of the funds provided under paragraph (1) for the administrative
expenses of the organization.
``(ii) A State may waive the requirement in clause (i) with respect
to a sponsoring organization if the organization provides justification
to the State that the organization requires funds in excess of 15
percent of the funds provided under paragraph (1) to pay such
administrative expenses.''.
SEC. 7. LIMITATIONS ON ABILITY OF FAMILY OR GROUP DAY CARE HOMES TO
TRANSFER SPONSORING ORGANIZATIONS.
Section 17(f)(3) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(f)(3)) is amended by striking subparagraph (D) and
inserting the following:
``(D) Limitations on ability of family or group day
care homes to transfer sponsoring organizations.--
``(i) In general.--Subject to clause (ii),
a State agency shall limit the ability of a
family or group day care home to transfer from
a sponsoring organization to another sponsoring
organization more frequently than once a year.
``(ii) Good cause.--The State agency may
permit or require a family or group day care
home to transfer from a sponsoring organization
to another sponsoring organization more
frequently than once a year for good cause (as
determined by the State agency). Such good
cause may include circumstances where the
sponsoring organization of the family or group
day care home ceases to participate in the
child and adult care food program.''.
SEC. 8. REALLOCATION OF AUDIT FUNDS.
(a) In General.--Section 17(i) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(i)) is amended--
(1) by striking ``(i) The Secretary shall'' and inserting
the following:
``(i) Audit Funds.--
``(1) In general.--The Secretary shall''; and
(2) by adding at the end the following:
``(2) Reallocation of funds.--
``(A) Return to the secretary.--For each fiscal
year, any amounts allocated to a State under this
subsection that are not obligated during the fiscal
year shall be returned to the Secretary in accordance
with procedures established by the Secretary.
``(B) Reallocation by the secretary.--The Secretary
shall allocate any amounts returned under subparagraph
(A) among States that demonstrate a need for the
amounts, for the purposes described in paragraph (1),
in accordance with procedures established by the
Secretary.
``(3) Annual report.--Each State agency administering the
program that receives amounts for a fiscal year for the purpose
of conducting audits of participating institutions pursuant to
paragraph (1) shall prepare and submit to the Secretary a
report that contains a summary description of the results of
the audits and other activities conducted with such amounts.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2000, or the date of the enactment of this
Act, whichever occurs later.
SEC. 9. TECHNICAL AND TRAINING ASSISTANCE FOR IDENTIFICATION AND
PREVENTION OF FRAUD AND ABUSE.
Section 17(q)(1) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1766(q)(1)) is amended by adding at the end the
following: ``As part of such training and technical assistance, the
Secretary shall provide training on a continuous basis to State
agencies, and shall ensure that such training is provided to sponsoring
organizations, for the identification and prevention of fraud and abuse
under the program and to improve management of the program.''.
SEC. 10. STATEWIDE DEMONSTRATION PROJECTS INVOLVING PRIVATE FOR-PROFIT
ORGANIZATIONS THAT PROVIDE NONRESIDENTIAL DAY CARE
SERVICES.
(a) In General.--Section 17(p) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(p)) is amended--
(1) in the first sentence of paragraph (1), by striking ``2
statewide demonstration projects'' and inserting ``statewide
demonstration projects in 4 States''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) in 2 other States, as approved by the Secretary
through a competitive application process.''.
(b) Effective Date.--The Secretary of Agriculture may carry out
demonstration projects in States described in section 17(p)(3)(C) of
the Richard B. Russell National School Lunch Act, as added by
subsection (a)(2)(C), beginning no earlier than October 1, 2001.
SEC. 11. PROGRAM FOR AT-RISK SCHOOL CHILDREN.
Section 17(r) of the Richard B. Russell National School Lunch Act
(42 U.S.C. 1766(r)) is amended--
(1) in paragraph (2), by inserting ``meals or'' before
``supplements'';
(2) in paragraph (4)--
(A) in the heading, by striking ``Supplement'' and
inserting ``Meal and supplement'';
(B) in subparagraph (A)--
(i) by striking ``only for'' and all that
follows through ``(i) a supplement'' and
inserting ``only for one meal per child per day
and one supplement per child per day'';
(ii) by striking ``; and'' and inserting a
period; and
(iii) by striking clause (ii);
(C) in subparagraph (B), by striking ``Rate.--A
supplement'' and inserting the following: ``Rates.--
``(i) Meals.--A meal shall be reimbursed
under this subsection at the rate established
for free meals under subsection (c).
``(ii) Supplements.--A supplement''; and
(D) in subparagraph (C), by inserting ``meal or''
before ``supplement''; and
(3) by adding at the end the following:
``(5) Limitation.--The Secretary shall limit reimbursement
under this subsection for meals served under a program to
institutions located in 6 States, as approved by the Secretary
through a competitive application process.''.
SEC. 12. WITHHOLDING OF FUNDS FOR FAILURE TO PROVIDE SUFFICIENT
TRAINING, TECHNICAL ASSISTANCE, AND MONITORING.
Section 7(a)(9)(A) of the Child Nutrition Act of 1966 (42 U.S.C.
1776(a)(9)(A)) is amended by inserting after ``the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.)'' the following:
``(including the requirement to provide sufficient training, technical
assistance, and monitoring of the child and adult care food program
under section 17(k) of the Richard B. Russell National School Lunch
Act)''. | (Sec. 2) Revises CACFP eligibility criteria for participating organizations to require that they have not been determined ineligible for participation in any other Federal program as a result of program requirement violations. Requires sponsoring organizations to: (1) employ an appropriate number of monitoring personnel to ensure effective oversight of the operations; and (2) have in effect a policy that restricts other employment by employees interfering with CACFP responsibilities. Requires private institutions that apply for initial participation in CACFP to be bonded, if required by State law.
(Sec. 3) Revises provisions for CACFP institutional approval and applications. Requires the State agency to determine that the sponsoring organization is administratively capable of operating the program described in its application, and would fulfill an identified need under CACFP. Allows a State to limit the number of sponsoring organizations in a geographical area if a sufficient number are available and able to serve day care homes in that area. Sets forth requirements relating to: (1) site visits; (2) CACFP program information for parent's or guardians; and (3) allowable administrative expenses for sponsoring organizations.
(Sec. 4) Directs the Secretary to establish procedures for termination or suspension of participating organizations.
(Sec. 5) Allows a State to recover certain disbursed funds upon determining that the institution has engaged in fraud or abuse with respect to CACFP or has submitted an invalid claim for reimbursement.
Allows State agencies to withhold reimbursements temporarily without a hearing for up to 90 days under specified conditions.
(Sec. 6) Prohibits sponsoring organizations from reserving for administrative expenses any more than 15 percent of the CACFP payment; but allows States to waive such limitation if the organization provides justification for exceeding such amount.
(Sec. 7) Requires State agencies to limit the ability of family or group day care homes to transfer from one sponsoring organization to another more frequently than once a year. Authorizes State agencies to permit or require such homes to transfer from one sponsoring organization to another more frequently than once a year for good cause.
(Sec. 8) Requires a State to return, and the Secretary to reallocate to other States on the basis of need, any audit funds allocated under CACFP that are not obligated by the State for that fiscal year.
(Sec. 9) Directs the Secretary to provide continuous training to State agencies, and ensure that it is provided to sponsoring organizations, in identifying and preventing fraud and abuse and in improving management of CACFP. | {"src": "billsum_train", "title": "Child and Adult Care Food Program Integrity Act of 2000"} | 4,218 | 575 | 0.577432 | 1.988587 | 0.71356 | 2.653361 | 7.80042 | 0.888655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Services and Activities
for Diverse Elders Act''.
SEC. 2. OBJECTIVES.
Section 101(8) of the Older Americans Act of 1965 (42 U.S.C.
3001(8)) is amended by inserting ``and supports, offered in a
culturally and linguistically competent manner'' after ``community
services.''.
SEC. 3. DEFINITIONS.
(a) Cultural and Linguistic Competence.--Section 102 of the Older
Americans Act of 1965 (42 U.S.C. 3002) is amended--
(1) by redesignating paragraphs (13) through (54) as
paragraphs (14) through (55), respectively;
(2) by inserting after paragraph (12) the following:
``(13) The term `cultural and linguistic competence' means
competence in a set of behaviors, attitudes, and policies that
is--
``(A) used by an organization or among
professionals; and
``(B) enables effective work in cross-cultural
situations.''; and
(3) in paragraph (15)(C), as redesignated by paragraph (1)
of this subsection, by inserting ``, their family members,''
before ``and their primary'';
(4) in paragraph (29)(E), as redesignated by paragraph (1)
of this subsection, by inserting ``, in a culturally and
linguistically competent manner,'' before ``the entire
community of older individuals'';
(5) in paragraph (39), as redesignated by paragraph (1) of
this subsection, by striking ``(as defined in paragraph
(18)(B))'' and inserting ``(as defined in paragraph (19)(B))'';
and
(6) in paragraph (47)(D), as redesignated by paragraph (1)
of this subsection, by striking ``(as defined in paragraph
(18)(B))'' and inserting ``(as defined in paragraph (19)(B))''.
(b) Conforming Amendment.--Section 373(c)(1)(B) of the Older
Americans Act of 1965 (42 U.S.C. 3030s-1(c)(1)(B)) is amended by
striking ``section 102(22)'' and inserting ``section 102(23)''.
SEC. 4. FUNCTIONS OF ASSISTANT SECRETARY.
Section 202(a) of the Older Americans Act of 1965 (42 U.S.C.
3012(a)) is amended by striking paragraph (15) and inserting the
following:
``(15)(A) as needed, provide technical assistance, training
through training packages, and other forms of instruction to
entities consisting of State agencies, area agencies on aging,
service providers, and community-based organizations, to ensure
that the entities develop and implement, in a culturally and
linguistically competent manner, programming, services, and
outreach for older individuals with greatest economic need and
older individuals with greatest social need, with particular
attention to and specific objectives for providing services to
low-income minority individuals and older individuals residing
in rural areas; and
``(B) consult with national and community-based
organizations representing minority individuals to develop the
capacity of the Administration to provide such technical
assistance, training, and instruction.''.
SEC. 5. ORGANIZATION.
Section 305(a)(2)(C) of the Older Americans Act of 1965 (42 U.S.C.
3025(a)(2)(C)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(iii) the distribution among planning and
service areas of service providers who
specialize in serving populations of older
individuals with greatest social need;''.
SEC. 6. AREA PLANS.
Section 306(a) of the Older Americans Act of 1965 (42 U.S.C.
3026(a)) is amended--
(1) in paragraph (16), by striking ``and'' at the end;
(2) in paragraph (17), by striking the period and inserting
a semicolon; and
(3) by adding at the end the following:
``(18) provide assurances that programming, services, and
outreach will be developed and implemented in a culturally and
linguistically competent manner, for older individuals with
greatest social need;
``(19) provide assurances that staff training includes
instruction on cultural and linguistic competence in the
provision of services to older individuals with greatest social
need;
``(20) provide assurances that the services of providers
who are contractors will be provided in a culturally and
linguistically competent manner; and
``(21) provide assurances that, to the extent feasible,
services provided in response to elder abuse will be provided
in a culturally and linguistically competent manner.''.
SEC. 7. STATE PLANS.
Section 307(a) of the Older Americans Act of 1965 (42 U.S.C.
3027(a)) is amended--
(1) by striking paragraph (15) and inserting the following:
``(15)(A) The plan shall provide assurances that
programming and services will be provided in a culturally and
linguistically competent manner to older individuals with
greatest social need, and that the State will require the area
agency on aging for each planning and service area in which a
significant number of older individuals are limited English
proficient--
``(i) to utilize in the provision of such
programming and services, workers who are fluent in the
language spoken by a predominant number of such older
individuals who are limited English proficient; and
``(ii) to designate an individual employed by the
area agency on aging, or available to such area agency
on aging on a full-time basis, whose responsibilities
will include--
``(I) taking such action as may be
appropriate to assure that programming,
services, and outreach are developed and
implemented in a culturally and linguistically
competent manner for older individuals with
greatest social need; and
``(II) providing guidance to individuals
engaged in the delivery of services under the
area plan involved to enable such individuals
to deliver the services in a culturally and
linguistically competent manner.
``(B) The plan shall provide assurances that, if a
substantial number of the older individuals residing in any
planning and service area in the State are limited English
proficient, then the State will require the area agency on
aging for each such planning and service area to utilize, in
the delivery of outreach services under section 306(a)(2)(A) in
a culturally and linguistically competent manner, the services
of workers who are fluent in the language spoken by a
predominant number of such older individuals who are limited
English proficient.'';
(2) by striking paragraph (20) and inserting the following:
``(20) The plan shall provide assurances that special
efforts will be made to provide technical assistance to
minority providers of services and to providers who specialize
in serving populations of older individuals with greatest
social need.''; and
(3) in paragraph (28)(B)--
(A) by striking clause (i) and inserting the
following:
``(i) the projected change in the number of older
individuals in the State, and the dispersal and growth
in the number of older individuals with greatest social
need in each planning and service area in the State;'';
and
(B) by striking clause (iii) and inserting the
following:
``(iii) an analysis of how the programs, policies,
and services provided by the State can be improved,
including by coordinating with area agencies on aging
and by developing the cultural and linguistic
competence of persons providing programming and
services, and how resource levels can be adjusted to
meet the needs of the changing population of older
individuals in the State; and''. | Improving Services and Activities for Diverse Elders Act - Amends the Older Americans Act of 1965 (OAA) to make it a duty and function of the Administration on Aging to provide technical assistance, training, and other forms of instruction to state and area agencies on aging, service providers, and community-based organizations to ensure that they develop and implement, in a culturally and linguistically competent manner, programming, services, and outreach for older individuals with greatest economic and social need, with particular attention to low-income minority individuals and older individuals in rural areas.
Requires the Administration to consult with national and community-based organizations representing minority individuals to develop its capacity to provide such technical assistance, training, and instruction.
Requires the state agency charged with administering the state OAA plan to develop a formula for distribution of funds under OAA that takes into account the distribution among planning and service areas of service providers who specialize in serving populations of older individuals with greatest social need.
Requires area and state plans to provide assurances that programming, services, and outreach will be provided to older individuals with the greatest social need in a culturally and linguistically competent manner under certain circumstances. | {"src": "billsum_train", "title": "A bill to amend the Older Americans Act of 1965 to strengthen programming, services, and outreach for diverse elders, and for other purposes."} | 1,745 | 257 | 0.522475 | 1.500251 | 0.720703 | 4.484444 | 7.182222 | 0.902222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Residential Carbon Monoxide
Poisoning Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Carbon monoxide is a colorless, odorless gas produced
by burning any fuel. Exposure to unhealthy levels of carbon
monoxide can lead to carbon monoxide poisoning, a serious
health condition that could result in death.
(2) Carbon monoxide poisoning from the use of fuel-burning
appliances in residential homes and other dwelling units kills
at least 2,000 people each year and sends more than 15,000 to
hospital emergency rooms for treatment.
(3) Research shows that purchasing and installing carbon
monoxide alarms close to the sleeping areas in residential
homes and other dwelling units can help avoid fatalities.
(4) Congress should promote the purchase and installation
of carbon monoxide alarms in residential homes and dwelling
units nationwide in order to promote the health and public
safety of citizens throughout the Nation.
SEC. 3. ADOPTION OF ANSI/UL 2034 AS CONSUMER PRODUCT SAFETY RULE.
(a) In General.--The Consumer Product Safety Act (15 U.S.C. 2051 et
seq.) is amended by adding at the end thereof the following:
``SEC. 43. RESIDENTIAL CARBON MONOXIDE DETECTORS.
``(a) In General.--
``(1) Mandatory standard.--Notwithstanding any other
provision of law, within 90 days after the date of enactment of
the Residential Carbon Monoxide Poisoning Prevention Act, the
Consumer Product Safety Commission shall publish in the Federal
Register as a mandatory consumer product safety standard the
American National Standard for Single and Multiple Station
Carbon Monoxide Alarms (American National Standard ANSI/UL
2034-2005). The standard shall take effect 180 days after it is
published.
``(2) Compliance with standard.--After the standard takes
effect, it shall be unlawful for any manufacturer or
distributor to import into or distribute in commerce in the
United States any new assembled or unassembled residential
carbon monoxide detector unless it complies with the standard.
``(3) Violation.--The failure to comply with paragraph (2)
shall be deemed to be a failure to comply with a consumer
product safety standard under this Act and subject to all of
the penalties and remedies available under this Act.
``(4) Other types of carbon monoxide detectors.--Paragraph
(2) does not apply to any carbon monoxide detector not covered
by the standard as provided in section 1.4 of the standard.
``(b) Labeling.--Beginning 1 year after the date of enactment of
the Residential Carbon Monoxide Poisoning Prevention Act, a
manufacturer selling or offering for sale in the United States a
residential carbon monoxide detector manufactured more than 1 year
after the date of enactment of that Act, shall clearly identify on any
container of the detector and on the detector its conformance with the
requirements of the consumer product safety standard promulgated under
subsection (a).
``(c) Modification of Standard.--
``(1) ANSI revisions.--If the American National Standard
ANSI/UL 34-2005 is revised through the applicable consensus
standards development process after the date on which the
product safety standard for residential carbon monoxide
detectors is published in the Federal Register, the American
National Standards Institute shall notify the Commission of the
revision.
``(2) Commission action.--Within 120 days after it receives
notice of such a revision by the American National Standards
Institute, the Commission shall issue a notice of proposed
rulemaking in accordance with section 553 of title 5, United
States Code, to amend the product safety standard for
residential carbon monoxide detectors to include any such
revision that the Commission determines is reasonably related
to the performance of such detectors, and notify the Institute
of any revision it has determined not to be so related. The
Commission shall promulgate an amendment to the standard for
such detectors within 180 days after the date on which the
notice of proposed rulemaking for the amendment is published in
the Federal Register.
``(3) Additional safety requirements.--Notwithstanding any
other provision of this Act, the Commission may, pursuant to
sections 7 and 9 of this Act, amend the product safety standard
for residential carbon monoxide detectors to include any
additional provision that the Commission determines is
reasonably necessary to ensure their safe and effective
operation.
``(4) Certain provisions not applicable.--Sections 7 and 9
of this Act shall not apply to promulgation of any amendment of
the product safety standard under paragraph (2). Judicial
review of any amendment of the standard under paragraph (2)
shall be in accordance with chapter 7 of title 5, United States
Code.''.
(b) Conforming Amendment.--The table of contents of the Consumer
Product Safety Act is amended by inserting after the item relating to
section 42 the following:
``Sec. 43. Residential carbon monoxide detectors.''.
SEC. 4. REDUCING DEATHS AND INJURIES FROM CARBON MONOXIDE POISONING.
(a) Safety Standard: Requiring Equipment of Portable Generators
with Carbon Monoxide Interlock Safety Devices.--Not later than 180 days
after the date of enactment of this Act, the Consumer Product Safety
Commission shall promulgate consumer product safety rules, pursuant to
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056),
requiring, at a minimum, that every portable generator sold to the
public for purposes other than resale shall be equipped with an
interlock safety device that--
(1) detects the level of carbon monoxide in the areas
surrounding such portable generator; and
(2) automatically turns off the portable generator before
the level of carbon monoxide reaches a level that would cause
serious bodily injury or death to people.
(b) Labeling and Instruction Requirements.--Not later than 180 days
after the date of enactment of this Act, the Consumer Product Safety
Commission shall promulgate consumer product safety rules, pursuant to
section 7 of the Consumer Product Safety Act (15 U.S.C. 2056),
requiring, at a minimum, the following:
(1) Warning labels.--Each portable generator sold to the
public for purposes other than resale shall have a large,
prominently displayed warning label in both English and Spanish
on the exterior packaging, if any, of the portable generator
and permanently affixed on the portable generator regarding the
carbon monoxide hazard posed by incorrect use of the portable
generator. The warning label shall include the word ``DANGER''
printed in a large font that is no smaller than 1 inch tall,
and shall include the following information, at a minimum,
presented in a clear manner:
(A) Indoor use of a portable generator can kill
quickly.
(B) Portable generators should be used outdoors
only and away from garages and open windows.
(C) Portable generators produce carbon monoxide, a
poisonous gas that people cannot see or smell.
(2) Pictogram.--Each portable generator sold to the public
for purposes other than resale shall have a large pictogram,
affixed to the portable generator, which clearly states
``OUTDOOR USE ONLY: EMITS POISONOUS GAS'' and visually depicts
the harmful effects of breathing carbon monoxide.
(3) Instruction manual.--The instruction manual, if any,
that accompanies any portable generator sold to the public for
purposes other than resale shall include detailed, clear, and
conspicuous statements that include the following elements:
(A) A warning that portable generators emit carbon
monoxide, a poisonous gas that can kill people.
(B) A warning that people cannot smell, see, or
taste carbon monoxide.
(C) An instruction to operate portable generators
only outdoors and away from windows, garages, and air
intakes.
(D) An instruction never to operate portable
generators inside homes, garages, sheds, or other semi-
enclosed spaces, even if a person runs a fan or opens
doors and windows.
(E) A warning that if a person begins to feel sick,
dizzy, or weak while using a portable generator, that
person should shut off the portable generator, get to
fresh air immediately, and consult a doctor.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Consumer Product Safety Commission shall submit a report
to the Senate Committee on Commerce, Science, and Transportation that--
(1) reviews the effectiveness of its labeling requirements
for charcoal briquettes (16 C.F.R. 1500.14(b)(6)) during the
windstorm that struck the Pacific Northwest beginning on
December 14, 2006;
(2) identifies any specific challenges faced by non-English
speaking populations with use of the current standards; and
(3) contains recommendations for improving the labels on
charcoal briquettes.
SEC. 5. STATE GRANT PROGRAM FOR CARBON MONOXIDE ALARMS.
(a) State Approved Carbon Monoxide Alarm Grant Program.--
(1) In general.--Subject to the availability of
appropriations authorized by subsection (d), the Consumer
Product Safety Commission shall establish a grant program to
provide assistance to eligible States to carry out a carbon
monoxide alarm program.
(2) Eligibility.--To be eligible for a grant under the
program, a State shall--
(A) demonstrate to the satisfaction of the
Commission that the State has adopted a statute, or a
State agency has adopted a state-wide rule, regulation,
or similar measure with the force and effect of law,
requiring the inclusion of approved carbon monoxide
alarms installed in accordance with NFPA 720 in all
commercial residential dwelling units and all new
dwelling unit construction and providing penalties for
failure to include such alarms; and
(B) submit an application to the Commission at such
time, in such form, and containing such additional
information as the Commission may require. The
application may be filed on behalf of any qualified
State by the fire code enforcement officials for such
State.
(3) Grant amount; priority.--The Commission shall determine
the amount of the grants awarded under this section, and shall
give priority to--
(A) multi-state applications (including those made
by a nonprofit organization representing fire code
enforcement officials on behalf of more than 1 State)
if all participating States meet the requirements of
this paragraph; and
(B) States demonstrating greater than average
losses of life from carbon monoxide poisoning in the
home.
(4) Use of funds.--A State receiving a grant under this
section may use grant funds--
(A) to train that State's fire code enforcement
officials in the proper enforcement of State laws
concerning approved carbon monoxide alarms and the
installation of such alarms in accordance with NFPA
720;
(B) for the development and dissemination of
training materials, instructors, and any other costs
related to the training sessions authorized by this
paragraph; and
(C) to educate the public about the risk associated
with carbon monoxide as a poison and the importance of
proper carbon monoxide alarm use.
(5) Limitation on use of funds.--
(A) Administrative costs.--No more than 10 percent
of any grant funds may be used to cover administrative
costs not directly related to training described in
paragraph (4)(A).
(B) Public outreach.--No more than 25 percent of
any grant may be used to cover costs of activities
described in paragraph (4)(C).
(b) Definitions.--In this section:
(1) Approved carbon monoxide alarm.--The term ``approved
carbon monoxide alarm'' means a carbon monoxide alarm that
complies with the standards, whether voluntary or mandatory,
issued, approved, or otherwise supported by the Commission with
respect to such alarms, whether those standards have been
developed unilaterally by the Commission or in conjunction with
other parties.
(2) Carbon monoxide alarm.--The term ``carbon monoxide
alarm'' means a device that detects the presence of carbon
monoxide and sounds an alarm if the level of carbon monoxide
detected by the device poses a health risk to persons within
the vicinity of the device.
(3) Commission.--The term ``Commission'' means the Consumer
Product Safety Commission.
(4) Dwelling unit.--The term ``dwelling unit'' means a room
or suite of rooms used for human habitation, and includes a
single family residence as well as each living unit of a
multiple family residence (including apartment buildings) and
each living unit in a mixed use building.
(5) Fire code enforcement officials.--The term ``fire code
enforcement officials'' means officials of the Fire Safety Code
Enforcement Agency of a State.
(6) NFPA 720.--The term ``NFPA 720'' means the Standard for
the Installation of Carbon Monoxide (CO) Warning Equipment in
Dwelling Units issued by the National Fire Protection
Association in 2005 and any amended or similar successor
standard pertaining to the proper installation of carbon
monoxide alarms in dwelling units.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for each of fiscal years 2009 through
2013 $2,000,000 to carry out this subsection, such sums to remain
available until expended. Any amounts appropriated pursuant to this
paragraph that remain unexpended and unobligated at the end of fiscal
year 2013 shall be retained by the Commission and credited to the
appropriations account that funds enforcement of the Consumer Products
Safety Act.
(d) Commission Report.--Not later than 1 year after the last day of
each fiscal year for which grants are made under this section, the
Commission shall submit to Congress a report evaluating the
implementation of the grant program authorized by this section. | Residential Carbon Monoxide Poisoning Prevention Act - Amends the Consumer Product Safety Act to require the Consumer Product Safety Commission (CPSC) to publish the American National Standard for Single and Multiple Station Carbon Monoxide Alarms (American National Standard ANSI/UL 2034-2005) as a mandatory consumer product safety standard. Makes it unlawful for any manufacturer or distributor to import into or distribute any new assembled or unassembled residential carbon monoxide detector unless it complies with the standard.
Requires the CPSC to promulgate consumer product safety rules requiring, at a minimum, that every portable generator sold to the public for purposes other than resale shall be equipped with an interlock safety device that: (1) detects the level of carbon monoxide in the areas surrounding such portable generator; and (2) automatically turns off the portable generator before the level of carbon monoxide reaches a level that would cause serious bodily injury or death to people.
Requires the CPSC to establish a grant program to provide assistance to states to carry out a carbon monoxide alarm program. | {"src": "billsum_train", "title": "A bill to amend the Consumer Product Safety Act to require residential carbon monoxide detectors to meet the applicable ANSI/UL standard by treating that standard as a consumer product safety rule, to encourage States to require the installation of such detectors in homes, and for other purposes."} | 3,053 | 244 | 0.667405 | 1.955853 | 1.066472 | 7.123711 | 14.056701 | 0.958763 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family and Medical Leave Enhancement
Act of 2008''.
SEC. 2. ELIGIBLE EMPLOYEE.
Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each
place it appears and inserting ``fewer than 25''.
SEC. 3. ENTITLEMENT TO ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT.
(a) Leave Requirement.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end
the following new paragraph:
``(5) Entitlement to additional leave for parental
involvement.--
``(A) In general.--Subject to subparagraph (B) and
section 103(g), an eligible employee shall be entitled
to leave under this paragraph to participate in or
attend an activity that--
``(i) is sponsored by a school or community
organization; and
``(ii) relates to a program of the school
or organization that is attended by a son or
daughter or a grandchild of the employee.
``(B) Limitations.--
``(i) In general.--An eligible employee is
entitled to--
``(I) not to exceed 4 hours of
leave under this paragraph during any
30-day period; and
``(II) not to exceed 24 hours of
leave under this paragraph during any
12-month period.
``(ii) Coordination rule.--Leave under this
paragraph shall be in addition to any leave
provided under any other paragraph of this
subsection.
``(C) Definitions.--As used in this paragraph:
``(i) School.--The term `school' means an
elementary school or secondary school (as such
terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801)), a Head Start program
assisted under the Head Start Act (42 U.S.C.
9831 et seq.), and a child care facility
licensed under State law.
``(ii) Community organization.--The term
`community organization' means a private
nonprofit organization that is representative
of a community or a significant segment of a
community and provides activities for
individuals described in subparagraph (A) or
(B) of section 101(12), such as a scouting or
sports organization.''.
(b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1))
is amended by inserting after the third sentence the following new
sentence: ``Leave under subsection (a)(5) may be taken intermittently
or on a reduced leave schedule.''.
(c) Substitution of Paid Leave.--Section 102(d)(2) of such Act (29
U.S.C. 2612(d)(2)) is amended by adding at the end the following new
subparagraph:
``(C) Parental involvement leave.--An eligible
employee may elect, or an employer may require the
employee, to substitute any of the accrued paid
vacation leave, personal leave, or family leave of the
employee for any leave under subsection (a)(5).''.
(d) Notice.--Section 102(e) of such Act (29 U.S.C. 2612(e)) is
amended by adding at the end the following new paragraph:
``(4) Notice relating to parental involvement leave.--In
any case in which an employee requests leave under paragraph
(5) of subsection (a), the employee shall provide the employer
with not less than 7 days' notice, before the date the leave is
to be taken, of the employee's intention to take leave under
such paragraph.''.
(e) Spouses Employed by the Same Employer.--Section 102(f) of such
Act (29 U.S.C. 2612(f)) is amended by adding at the end the following
new paragraph:
``(3) Parental involvement leave.--In any case in which a
husband and wife entitled to leave under paragraph (5) of
subsection (a) are employed by the same employer, the aggregate
amount of leave to which both may be entitled under such
paragraph may be limited to--
``(A) 4 hours during the same 30-day period; and
``(B) 24 hours during the same 12-month period.''.
(f) Certification.--Section 103 of such Act (29 U.S.C. 2613) is
amended by adding at the end the following new subsection:
``(g) Certification Related to Parental Involvement Leave.--An
employer may require that a request for leave under section 102(a)(5)
be supported by a certification issued at such time and in such manner
as the Secretary may by regulation prescribe.''.
SEC. 4. ENTITLEMENT OF FEDERAL EMPLOYEES TO LEAVE FOR PARENTAL
INVOLVEMENT.
(a) Leave Requirement.--Section 6382(a) of title 5, United States
Code, is amended by adding at the end the following new paragraph:
``(5)(A) Subject to subparagraph (B)(i) and section 6383(f), an
employee shall be entitled to leave under this paragraph to participate
in or attend an activity that--
``(i) is sponsored by a school or community organization;
and
``(ii) relates to a program of the school or organization
that is attended by a son or daughter or a grandchild of the
employee.
``(B)(i) An employee is entitled to--
``(I) not to exceed 4 hours of leave under this paragraph
during any 30-day period; and
``(II) not to exceed 24 hours of leave under this paragraph
during any 12-month period.
``(ii) Leave under this paragraph shall be in addition to any leave
provided under any other paragraph of this subsection.
``(C) For the purpose of this paragraph--
``(i) the term `school' means an elementary school or
secondary school (as such terms are defined in section 9101 of
the Elementary and Secondary Education Act of 1965), a Head
Start program assisted under the Head Start Act, and a child
care facility licensed under State law; and
``(ii) the term `community organization' means a private
nonprofit organization that is representative of a community or
a significant segment of a community and provides activities
for individuals described in subparagraph (A) or (B) of section
6381(6), such as a scouting or sports organization.''.
(b) Schedule.--Section 6382(b)(1) of such title is amended--
(1) by inserting after the second sentence the following
new sentence: ``Leave under subsection (a)(5) may be taken
intermittently or on a reduced leave schedule.''; and
(2) in the last sentence, by striking ``involved,'' and
inserting ``involved (or, in the case of leave under subsection
(a)(5), for purposes of any 30-day or 12-month period),''.
(c) Substitution of Paid Leave.--Section 6382(d) of such title is
amended by adding at the end the following new sentence: ``An employee
may elect to substitute for leave under subsection (a)(5), any of the
employee's accrued or accumulated annual leave under subchapter I.''.
(d) Notice.--Section 6382(e) of such title is amended by adding at
the end the following new paragraph:
``(3) In any case in which an employee requests leave under
paragraph (5) of subsection (a), the employee shall provide the
employing agency with not less than 7 days' notice, before the date the
leave is to be taken, of the employee's intention to take leave under
such paragraph.''.
(e) Certification.--Section 6383(f) of such title is amended by
striking ``6382(a)(3)'' and inserting ``paragraph (3) or (5) of section
6382(a)''.
SEC. 5. CLARIFICATION OF ENTITLEMENT TO LEAVE.
(a) In General.--
(1) Family and medical leave act of 1993.--Section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) is amended by adding at the end the
following new subparagraphs:
``(F) In order to meet routine family medical care
needs, including transportation of a son, daughter, or
grandchild for medical and dental appointments for
annual checkups and vaccinations.
``(G) In order to meet the routine family medical
care needs of elderly individuals who are related to
the eligible employee, including visits to nursing
homes and group homes.''.
(2) Title 5.--Section 6382(a)(1) of title 5, United States
Code, is amended by adding at the end the following new
subparagraphs:
``(E) In order to meet routine family medical care needs,
including transportation of a son, daughter, or grandchild for
medical and dental appointments for annual checkups and
vaccinations.
``(F) In order to meet the routine family medical care
needs of elderly individuals who are related to the employee,
including visits to nursing homes and group homes.''.
(b) Schedule.--
(1) Family and medical leave act of 1993.--The first
sentence of section 102(b)(1) of such Act (29 U.S.C.
2612(b)(1)) is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (F), or (G)''.
(2) Title 5.--The first sentence of section 6382(b)(1) of
such title is amended by striking ``subparagraph (A) or (B)''
and inserting ``subparagraph (A), (B), (E), or (F)''.
(c) Substitution of Paid Leave.--
(1) Family and medical leave act of 1993.--Section
102(d)(2) of such Act (29 U.S.C. 2612(d)(2)) is amended by
adding after subparagraph (C) (as added by section 3(c)) the
following new subparagraph:
``(D) Routine family medical care needs.--An
eligible employee may elect, or an employer may require
the employee, to substitute any of the accrued paid
vacation leave, personal leave, or medical or sick
leave of the employee for leave provided under
subparagraph (F) or (G) of subsection (a)(1) for any
part of the 12-week period of such leave under such
subsection, except that nothing in this title shall
require an employer to provide paid sick leave or paid
medical leave in any situation in which such employer
would not normally provide any such paid leave.''.
(2) Title 5.--Section 6382(d) of such title is amended by
striking ``or (D)'' and inserting ``(D), (E), or (F)''.
(d) Notice.--
(1) Family and medical leave act of 1993.--Section 102(e)
of such Act (29 U.S.C. 2612(e)) is amended by adding after
paragraph (4) (as added by section 3(d)) the following new
paragraph:
``(5) Routine family medical care needs.--In any case in
which the necessity for leave under subparagraph (F) or (G) of
subsection (a)(1) is foreseeable based on a planned
appointment, visit, or other commitment, the employee--
``(A) shall make a reasonable effort to schedule
the leave so as not to disrupt unduly the operations of
the employer, subject to the approval of the health
care provider involved (if any); and
``(B) shall provide the employer with not less than
30 days' notice, before the day the leave is to be
taken, of the employee's intention to take leave under
such subparagraph, except that if the leave is to be
taken in less than 30 days, the employee shall provide
such notice as is practicable.''.
(2) Title 5.--Section 6382(e) of such title is amended by
adding after paragraph (3) (as added by section 4(d)) the
following new paragraph:
``(4) In any case in which the necessity for leave under
subparagraph (E) or (F) of subsection (a)(1) is foreseeable
based on a planned appointment, visit, or other commitment, the
employee--
``(A) shall make a reasonable effort to schedule
the leave so as not to disrupt unduly the operations of
the employer, subject to the approval of the health
care provider involved (if any); and
``(B) shall provide the employer with not less than
30 days' notice, before the day the leave is to be
taken, of the employee's intention to take leave under
such subparagraph, except that if the leave is to be
taken in less than 30 days, the employee shall provide
such notice as is practicable.''.
(e) Spouses Employed by Same Employer.--Section 102(f)(1) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(f)(1)) is amended
by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph
(A), (B), (F), or (G)''.
(f) Certification.--
(1) Family and medical leave act of 1993.--Section 103(g)
of such Act, as added by section 3(f), is amended by striking
``102(a)(5)'' and inserting ``paragraph (1)(F), (1)(G), or (5)
of section 102(a)''.
(2) Title 5.--Section 6383(f) of such title (as amended by
section 4(e)) is further amended by striking ``paragraph (3) or
(5)'' (as inserted by section 4(e)) and inserting the
following: ``paragraph (1)(E), (1)(F), (3), or (5)''.
SEC. 6. DEFINITION OF GRANDCHILD.
(a) Non-Civil-Service Employees.--Section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at the
end the following new paragraph:
``(14) Grandchild.--The term `grandchild' means a son or
daughter of an employee's son or daughter.''.
(b) Civil Service Employees.--Section 6381 of title 5, United
States Code, is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) the term `grandchild' means a son or daughter of an
employee's son or daughter.''. | Family and Medical Leave Enhancement Act of 2008 - Amends the Family and Medical Leave Act of 1993 (FMLA) to cover employees at worksites that employ fewer than 50 employees, but not fewer than 25 employees. Continues to exempt from FMLA coverage employees at worksites that employ fewer than 25 employees (currently 50), if the total number of employees employed by that employer within 75 miles of that worksite is fewer than 25 (currently 50).
Allows an employee covered by FMLA to take up to 4 hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend activities that: (1) are sponsored by a school or community organization; and (2) relate to a program of the school or organization that is attended by the employee's child or grandchild.
Allows the aggregate amount of parental involvement leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee.
Applies the parental involvement leave allowance to federal employees.
Includes under FMLA entitlement leave to meet routine family medical care needs, including: (1) transportation of a child or grandchild for medical and dental appointments for annual checkups and vaccinations; and (2) care of an elderly individual related to the employee, including visits to nursing homes and group homes. Allows the aggregate amount of such leave for a husband and wife employed by the same employer to be limited to the amount allowed for one employee.
Allows an employee to elect, or an employer to require, substitution of any of the paid or family leave of the employee for any leave provided under this Act.
Imposes requirements of notification by the employee of leave requests. Allows an employer to require certification supporting such requests. | {"src": "billsum_train", "title": "To amend the Family and Medical Leave Act of 1993 to allow employees to take, as additional leave, parental involvement leave to participate in or attend their children's and grandchildren's educational and extracurricular activities and to clarify that leave may be taken for routine family medical needs and to assist elderly relatives, and for other purposes."} | 3,495 | 370 | 0.558563 | 1.602557 | 0.7132 | 2.954023 | 8.637931 | 0.873563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pro Football Hall of Fame
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Pro Football Hall of Fame's mission is--
(A) to honor individuals who have made outstanding
contributions to professional football;
(B) to preserve professional football's historic
documents and artifacts;
(C) to educate the public regarding the origin,
development, and growth of professional football as an
important part of American culture; and
(D) to promote the positive values of the sport.
(2) The Pro Football Hall of Fame opened its doors on
September 7, 1963. On that day, a charter class of 17 players,
coaches, and contributors were enshrined. Among the group were
such legends as Sammy Baugh, Red Grange, George Halas, Don
Hutson, Bronko Nagurski, and Jim Thorpe. Through 2012, 273
members had been elected to the Pro Football Hall of Fame.
Three distinct iconic symbols represent an individual's
membership in the Hall of Fame: a bronze bust, a Hall of Fame
gold jacket, and a Hall of Fame ring.
(3) The Pro Football Hall of Fame has welcomed nearly
9,000,000 visitors from around the world since opening in 1963.
The museum has grown from its original 19,000-square-foot
building to a 118,000-square-foot, state-of-the-art facility,
as a result of expansions in 1971, 1978, 1995, and most
recently in 2011-2013. In addition, major exhibit renovations
were completed in 2003, 2008, and 2009.
(4) The Pro Football Hall of Fame houses the world's
largest collection on professional football. Included in the
museum's vast collection are more than 20,000 three-dimensional
artifacts and more than 20,000,000 pages of documents,
including nearly 3,000,000 photographic images.
(5) The Pro Football Hall of Fame reaches a worldwide
audience of nearly 15,000,000 people annually through visitors
to the museum, participants in the annual Pro Football Hall of
Fame Enshrinement Festival, three nationally televised events,
the Hall of Fame's Web site, social media outlets, special
events across the country, and through the museum's Educational
Outreach video conferencing programs.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coins:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain 90 percent gold and 10 percent alloy.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent
copper.
(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 game of professional football.
(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 ``2017''; 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 Pro Football Hall of Fame; 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 Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2017.
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 Pro Football Hall of Fame, to help finance the
construction of a new building and renovation of existing Pro Football
Hall of Fame facilities.
(c) Audits.--The Pro Football Hall of Fame 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.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not
result in any net cost to the United States Government; and
(2) no funds, including applicable surcharges, are
disbursed to any recipient designated in section 7 until the
total cost of designing and issuing all of the coins authorized
by this Act (including labor, materials, dies, use of
machinery, winning design compensation, overhead expenses,
marketing, and shipping) is recovered by the United States
Treasury, consistent with sections 5112(m) and 5134(f) of title
31, United States Code. | Pro Football Hall of Fame Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 50,000 $5-gold coins, 400,000 $1-silver coins, and 750,000 half-dollar coins emblematic of the game of professional football. Requires all sales of such coins to include specified surcharges, which shall be paid by the Secretary to the Pro Football Hall of Fame to help finance the construction of a new building and the renovation of existing Pro Football Hall of Fame facilities. Directs the Secretary to ensure that: (1) minting and issuing such coins will not result in any net cost to the government, and (2) no proceeds are disbursed until the total cost of designing and issuing such coins is recovered by the Treasury. | {"src": "billsum_train", "title": "Pro Football Hall of Fame Commemorative Coin Act"} | 1,787 | 163 | 0.487507 | 1.494795 | 0.41065 | 3.898649 | 11.094595 | 0.952703 |
SECTION 1. TECHNICAL SCHOOL TRAINING SUBSIDY PROGRAM.
Section 171 of the Workforce Investment Act of 1998 (29 U.S.C.
2916) is amended by adding at the end the following:
``(f) Technical School Training Subsidy Pilot Program.--
``(1) Establishment of technical school training subsidy
pilot program.--From the amounts appropriated to carry out this
subsection, the Secretary shall award competitive grants to
States to provide such funds to local boards for the provision
of technical school training subsidies in local areas through
one-stop delivery systems described in section 134(c).
``(2) Application.--To receive a grant under this
subsection a State shall submit to the Secretary an application
in such manner, at such time, and containing such information
as the Secretary may require.
``(3) Qualifications and requirements for subsidy.--
``(A) In general.--A technical school training
subsidy for an academic year may be provided, in
accordance with subparagraph (E), to a technical school
on behalf of an unemployed individual who is enrolled,
or accepted for enrollment, at a technical school.
``(B) Amount of subsidy.--
``(i) Considerations.--In determining the
amount of a subsidy to provide to an unemployed
individual under this subsection, a one-stop
operator or one-stop partner, as appropriate,
shall take into account--
``(I) the cost of tuition of such
individual;
``(II) the expected family
contribution, as determined in
accordance with section 474 of the
Higher Education Act of 1965 (20 U.S.C.
1087nn), for such individual; and
``(III) the estimated financial
assistance for such individual not
received under this subsection.
``(ii) Aggregate amount.--The aggregate
amount of subsidies an individual may receive
under this subsection may not exceed $2,000.
``(C) Number of subsidies.--An individual may
receive subsidies under this subsection for not more
than 2 academic years.
``(D) Use of funds.--A subsidy an individual
receives under this subsection shall be used to assist
the individual in paying the cost of tuition for career
and technical education at a technical school. All
subsidies received by an individual under this
subsection shall be used to pay the cost of tuition for
career and technical education at the same technical
school.
``(E) Provision of subsidy.--Upon approving an
unemployed individual for a subsidy under this
subsection, a one-stop operator or one-stop partner, as
appropriate, shall provide, prior to the start of an
academic year, the subsidy to the technical school in
which the unemployed individual is enrolled or accepted
for enrollment.
``(4) Definitions.--In this subsection--
``(A) The term `career and technical education' has
the meaning given the term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20
U.S.C. 2302).
``(B) The term `cost of tuition' means--
``(i) tuition and fees normally assessed a
student carrying the same academic workload as
determined by the technical school, and
including costs for rental or purchase of any
equipment, materials, or supplies required of
all students in the same course of study; and
``(ii) an allowance for books and supplies,
for a student attending the technical school on
at least a half-time basis, as determined by
the school.
``(C) The term `technical school' means a
`postsecondary vocational institution' that provides
career and technical education.
``(D) The term `postsecondary vocational
institution' has the meaning given the term in section
102(c) of the Higher Education Act of 1965 (20 U.S.C.
1002(c)).
``(E) The term `unemployed individual' means an
unemployed individual who is a citizen of the United
States.''. | Amends the Workforce Investment Act of 1998 to require the Secretary of Labor to award competitive grants to states to provide funds to local boards for provision of technical school training subsidies in local areas through one-stop delivery systems to pay tuition costs for the career and technical education of unemployed individuals enrolled or accepted at a technical school. Limits the aggregate amount of subsidies to an individual to $2,000. | {"src": "billsum_train", "title": "To amend the Workforce Investment Act of 1998 to establish a technical school training subsidy program."} | 886 | 82 | 0.650239 | 1.528962 | 0.952557 | 3.666667 | 10.8 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Renewable Energy for Public
Power Act of 2007''.
SEC. 2. MODIFICATIONS RELATING TO CLEAN RENEWABLE ENERGY BONDS.
(a) Clean Renewable Energy Bond.--Paragraph (1) of section 54(d) of
the Internal Revenue Code of 1986 (defining clean renewable energy
bond) is amended--
(1) in subparagraph (A) by striking ``pursuant'' and all
that follows through ``subsection (f)(2)'',
(2) in subparagraph (B) by striking ``95 percent or more of
the proceeds'' and inserting ``90 percent or more of the net
proceeds'', and
(3) in subparagraph (D) by striking ``subsection (h)'' and
inserting ``subsection (g)''.
(b) Qualified Project.--Subparagraph (A) of section 54(d)(2) of
such Code (defining qualified project) is amended to read as follows:
``(A) In general.--The term `qualified project'
means any qualified facility (as determined under
section 45(d) without regard to paragraphs (8) and (10)
thereof and to any placed in service requirement) owned
by a qualified borrower and also without regard to the
following--
``(i) in the case of a qualified facility
described in section 45(d)(9) (regarding
incremental hydropower production), any
determination of incremental hydropower
production and related calculations shall be
determined by the qualified borrower based on a
methodology that meets Federal Energy
Regulatory Commission standards; and
``(ii) in the case of a qualified facility
described in section 45(d)(9) (regarding non-
hydropower production), the facility need not
be licensed by the Federal Energy Regulation
Commission if the facility, when constructed,
will meet Federal Energy Regulatory Commission
licensing requirements and other applicable
environmental, licensing, and regulatory
requirements.''.
(c) Reimbursement.--Subparagraph (C) of section 54(d)(2) of such
Code (relating to reimbursement) is amended to read as follows:
``(C) Reimbursement.--For purposes of paragraph
(1)(B), proceeds of a clean renewable energy bond may
be issued to reimburse a qualified borrower for amounts
paid after the date of the enactment of this section in
the same manner as proceeds of State and local
government obligations the interest upon which is
exempt from tax under section 103.''.
(d) Change in Use.--Subparagraph (D) of section 54(d)(2) of such
Code (relating to treatment of changes in use) is amended by striking
``or qualified issuer''.
(e) Maximum Term.--Paragraph (2) of section 54(e) of such Code
(relating to maximum term) is amended by striking ``without regard to
the requirements of subsection (1)(6) and''.
(f) Repeal of Limitation on Amount of Bonds Designated.--Section 54
of such Code is amended by striking subsection (f) (relating to repeal
of limitation on amount of bonds designated).
(g) Special Rules Relating to Expenditures.--Subsection (h) of
section 54 of such Code (relating to special rules relating to
expenditures) is amended--
(1) in paragraph (1)(A) by striking ``95 percent of the
proceeds'' and inserting ``90 percent of the net proceeds'',
(2) in paragraph (1)(B)--
(A) by striking ``10 percent of the proceeds'' and
inserting ``5 percent of the net proceeds'', and
(B) by striking ``the 6-month period beginning on''
both places it appears and inserting ``1 year of'', and
(3) in paragraph (1)(C) by inserting ``net'' before
``proceeds'',
(4) in paragraph (3) by striking ``95 percent of the
proceeds'' and inserting ``90 percent of the net proceeds''.
(h) Repeal of Special Rules Relating to Arbitrage.--Section 54 of
such Code is amended by striking subsection (i) (relating to repeal of
special rules relating to arbitrage).
(i) Public Power Entity.--Subsection (j) of section 54 of such Code
(defining Cooperative electric company; qualified energy tax credit
bond lender; governmental body; qualified borrower) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraph
(5) and (6) and by inserting after paragraph (3) the following
new paragraph:
``(4) Public power entity.--The term `public power entity'
means a State utility with a service obligation, as such terms
are defined in section 217 of the Federal Power Act (as in
effect on the date of enactment of this paragraph).'',
(2) in paragraph (5), as so redesignated, by striking
``or'' at the end of subparagraph (B), by striking the period
at the end of subparagraph (C) and inserting ``, or'', and by
adding at the end the following:
``(D) a public power entity.'', and
(3) in paragraph (6), as so redesignated, by striking
``or'' at the end of subparagraph (A), by striking the period
at the end of subparagraph (B) and inserting ``, or'', and by
adding at the end the following:
``(C) a public power entity.''.
(j) Repeal of Ratable Principal Amortization Requirement.--
Subsection (l) of section 54 of such Code (relating to other
definitions and special rules) is amended by striking paragraph (5) and
redesignating paragraph (6) as paragraph (5).
(k) Net Proceeds.--Subsection (i) of section 54 of such Code
(relating to other definitions and special rules), as amended by
subsection (j), is amended by redesignating paragraphs (2), (3), (4),
and (5) as paragraphs (4), (5), (6), and (7), respectively, and by
inserting after paragraph (1) the following new paragraphs:
``(2) Net proceeds.--The term `net proceeds' means, with
respect to an issue, the proceeds of such issue reduced by
amounts in a reasonably required reserve or replacement fund.
``(3) Limitation on amount in reserve or replacement fund
which may be financed by issue.--A bond issued as part of an
issue shall not be treated as a clean renewable energy bond if
the amount of the proceeds from the sale of such issue which is
part of any reserve or replacement fund exceeds 10 percent of
the proceeds of the issue (or such higher amount which the
issuer establishes is necessary to the satisfaction of the
Secretary).''.
(l) Other Special Rules.--Subsection (i) of section 54 of such Code
((relating to other definitions and special rules), as amended by
subsections (j) and (k)) is amended by adding at the end the following
new paragraphs:
``(8) Credits may be separated.--There may be a separation
(including at issuance) of the ownership of a clean renewable
energy bond and the entitlement to the credit under this
section with respect to such bond. In case of any such
separation, the credit under this section shall be allowed to
the person who on the credit allowance date holds the
instrument evidencing the entitlement to the credit and not to
the holder of the bond.
``(9) Treatment for estimated tax purposes.--Solely for the
purposes of sections 6654 and 6655, the credit allowed by this
section to a taxpayer by reason of holding a qualified energy
tax credit bond on a credit allowance date (or the credit in
the case of a separation as provided in paragraph (8)) shall be
treated as if it were a payment of estimated tax made by the
taxpayer on such date.
``(10) Carryback and carryforward of unused credits.--If
the sum of the credit exceeds the limitation imposed by
subsection (c) for any taxable year, any credits may be applied
in a manner similar to the rules set forth in section 39.''.
(m) Termination.--Subsection (m) of section 54 of such Code
(relating to termination) is amended by striking ``2008'' and inserting
``2013''.
(n) Clerical Redesignations.--Section 54 of such Code, as amended
by the preceding provisions of this section, is amended by
redesignating subsections (g), (h), (j), (k), (l), and (m) as
subsections (f), (g), (h), (i), (j), and (k), respectively.
(o) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act. | Clean Renewable Energy for Public Power Act of 2007 - Amends Internal Revenue Code provisions allowing a tax credit for holders of clean renewable energy bonds (CREBs) to: (1) eliminate allocation limitations on such bonds; (2) reduce from 95 to 90% the amount of CREB proceeds required for capital expenditures; (3) redefine "qualified project" and "public power entity" for CREB purposes; (4) repeal the national limitation on CREBs and arbitrage rules applicable to such bonds; and (5) extend through 2013 the authority for issuing CREBs. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the rules relating to clean energy renewable bonds."} | 1,996 | 120 | 0.508736 | 1.356837 | 0.567387 | 1.75 | 16.935185 | 0.787037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bureau of Reclamation Transparency
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the water resources infrastructure of the Bureau of
Reclamation provides important benefits related to irrigated
agriculture, municipal and industrial water, hydropower, flood
control, fish and wildlife, and recreation in the 17
Reclamation States;
(2) as of 2013, the combined replacement value of the
infrastructure assets of the Bureau of Reclamation was
$94,500,000,000;
(3) the majority of the water resources infrastructure
facilities of the Bureau of Reclamation are at least 60 years
old;
(4) the Bureau of Reclamation has previously undertaken
efforts to better manage the assets of the Bureau of
Reclamation, including an annual review of asset maintenance
activities of the Bureau of Reclamation known as the ``Asset
Management Plan''; and
(5) actionable information on infrastructure conditions at
the asset level, including information on maintenance needs at
individual assets due to aging infrastructure, is needed for
Congress to conduct oversight of Reclamation facilities and
meet the needs of the public.
SEC. 3. DEFINITIONS.
In this Act:
(1) Asset.--
(A) In general.--The term ``asset'' means any of
the following assets that are used to achieve the
mission of the Bureau of Reclamation to manage,
develop, and protect water and related resources in an
environmentally and economically sound manner in the
interest of the people of the United States:
(i) Capitalized facilities, buildings,
structures, project features, power production
equipment, recreation facilities, or quarters.
(ii) Capitalized and noncapitalized heavy
equipment and other installed equipment.
(B) Inclusions.--The term ``asset'' includes assets
described in subparagraph (A) that are considered to be
mission critical.
(2) Asset management report.--The term ``Asset Management
Report'' means--
(A) the annual plan prepared by the Bureau of
Reclamation known as the ``Asset Management Plan''; and
(B) any publicly available information relating to
the plan described in subparagraph (A) that summarizes
the efforts of the Bureau of Reclamation to evaluate
and manage infrastructure assets of the Bureau of
Reclamation.
(3) Major repair and rehabilitation need.--The term ``major
repair and rehabilitation need'' means major nonrecurring
maintenance at a Reclamation facility, including maintenance
related to the safety of dams, extraordinary maintenance of
dams, deferred major maintenance activities, and all other
significant repairs and extraordinary maintenance.
(4) Reclamation facility.--The term ``Reclamation
facility'' means each of the infrastructure assets that are
owned by the Bureau of Reclamation at a Reclamation project.
(5) Reclamation project.--The term ``Reclamation project''
means a project that is owned by the Bureau of Reclamation,
including all reserved works and transferred works owned by the
Bureau of Reclamation.
(6) Reserved works.--The term ``reserved works'' means
buildings, structures, facilities, or equipment that are owned
by the Bureau of Reclamation for which operations and
maintenance are performed by employees of the Bureau of
Reclamation or through a contract entered into by the Bureau of
Reclamation, regardless of the source of funding for the
operations and maintenance.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Transferred works.--The term ``transferred works''
means a Reclamation facility at which operations and
maintenance of the facility is carried out by a non-Federal
entity under the provisions of a formal operations and
maintenance transfer contract or other legal agreement with the
Bureau of Reclamation.
SEC. 4. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR RESERVED WORKS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to Congress an Asset Management
Report that--
(1) describes the efforts of the Bureau of Reclamation--
(A) to maintain in a reliable manner all reserved
works at Reclamation facilities; and
(B) to standardize and streamline data reporting
and processes across regions and areas for the purpose
of maintaining reserved works at Reclamation
facilities; and
(2) expands on the information otherwise provided in an
Asset Management Report, in accordance with subsection (b).
(b) Infrastructure Maintenance Needs Assessment.--
(1) In general.--The Asset Management Report submitted
under subsection (a) shall include--
(A) a detailed assessment of major repair and
rehabilitation needs for all reserved works at all
Reclamation projects; and
(B) to the extent practicable, an itemized list of
major repair and rehabilitation needs of individual
Reclamation facilities at each Reclamation project.
(2) Inclusions.--To the extent practicable, the itemized
list of major repair and rehabilitation needs under paragraph
(1)(B) shall include--
(A) a budget level cost estimate of the
appropriations needed to complete each item; and
(B) an assignment of a categorical rating for each
item, consistent with paragraph (3).
(3) Rating requirements.--
(A) In general.--The system for assigning ratings
under paragraph (2)(B) shall be--
(i) consistent with existing uniform
categorization systems to inform the annual
budget process and agency requirements; and
(ii) subject to the guidance and
instructions issued under subparagraph (B).
(B) Guidance.--As soon as practicable after the
date of enactment of this Act, the Secretary shall
issue guidance that describes the applicability of the
rating system applicable under paragraph (2)(B) to
Reclamation facilities.
(4) Public availability.--Except as provided in paragraph
(5), the Secretary shall make publicly available, including on
the Internet, the Asset Management Report required under
subsection (a).
(5) Confidentiality.--The Secretary may exclude from the
public version of the Asset Management Report made available
under paragraph (4) any information that the Secretary
identifies as sensitive or classified, but shall make available
to the Committee on Energy and Natural Resources of the Senate
and the Committee on Natural Resources of the House of
Representatives a version of the report containing the
sensitive or classified information.
(c) Updates.--Not later than 2 years after the date on which the
Asset Management Report is submitted under subsection (a) and
biennially thereafter, the Secretary shall update the Asset Management
Report, subject to the requirements of section 5(b)(2).
(d) Consultation.--To the extent that such consultation would
assist the Secretary in preparing the Asset Management Report under
subsection (a) and updates to the Asset Management Report under
subsection (c), the Secretary shall consult with--
(1) the Secretary of the Army (acting through the Chief of
Engineers); and
(2) water and power contractors.
SEC. 5. ASSET MANAGEMENT REPORT ENHANCEMENTS FOR TRANSFERRED WORKS.
(a) In General.--The Secretary shall coordinate with the non-
Federal entities responsible for the operation and maintenance of
transferred works in developing reporting requirements for Asset
Management Reports with respect to major repair and rehabilitation
needs for transferred works that are similar to the reporting
requirements described in section 4(b).
(b) Guidance.--
(1) In general.--After considering input from water and
power contractors of the Bureau of Reclamation, the Secretary
shall develop and implement a rating system for transferred
works that incorporates, to the maximum extent practicable, the
rating system for major repair and rehabilitation needs for
reserved works developed under section 4(b)(3).
(2) Updates.--The ratings system developed under paragraph
(1) shall be included in the updated Asset Management Reports
under section 4(c).
SEC. 6. OFFSET.
Notwithstanding any other provision of law, in the case of the
project authorized by section 1617 of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h-12c), the
maximum amount of the Federal share of the cost of the project under
section 1631(d)(1) of that Act (43 U.S.C. 390h-13(d)(1)) otherwise
available as of the date of enactment of this Act shall be reduced by
$2,000,000.
Passed the House of Representatives September 12, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Bureau of Reclamation Transparency Act (Sec. 4) This bill directs the Department of the Interior to submit to Congress, make publicly available, and biennially update an Asset Management Report that describes the Bureau of Reclamation's efforts to maintain in a reliable manner all reserved works (buildings, structures, facilities, or equipment owned by Reclamation for which operations and maintenance are performed by its employees or through a contract with Reclamation) at Reclamation facilities, and to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining such works. Such report shall include: (1) a detailed assessment of major repair and rehabilitation needs for all such works; and (2) an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project, including a budget level cost estimate of appropriations needed to complete each item and an assignment of a categorical rating for each item consistent with existing uniform categorization systems to inform the annual budget process and agency requirements. (Sec. 5) Interior shall: (1) coordinate with the nonfederal entities responsible for the operation and maintenance of transferred works (Reclamation facilities at which operations and maintenance are carried out by a nonfederal entity under a formal agreement with Reclamation) in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for such works, and (2) develop and implement a categorical rating system for transferred works. (Sec. 6) The bill reduces the maximum amount of the federal share of the cost of the Central Valley Water Recycling Project otherwise available as of the date of enactment of this bill by $2 million. | {"src": "billsum_train", "title": "Bureau of Reclamation Transparency Act"} | 1,856 | 362 | 0.587591 | 1.853642 | 0.678823 | 4.360129 | 5.366559 | 0.951768 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Families in the
Military Service Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) prenatal care and proper nutrition for pregnant women
reduces the incidence of birth abnormalities and low birth
weight among infants;
(2) proper nutrition for infants and young children has
very positive health and growth benefits; and
(3) women, infants, and children of military families
stationed outside the United States are potentially at
nutritional risk.
(b) Purpose.--The purpose of this Act is to ensure that women,
infants, and children of military families stationed outside the United
States receive supplemental foods and nutrition education if they
generally would be eligible to receive supplemental foods and nutrition
education provided in the United States under the special supplemental
nutrition program for women, infants, and children established under
section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).
SEC. 3. SPECIAL SUPPLEMENTAL NUTRITION BENEFITS FOR WOMEN, INFANTS, AND
CHILDREN OF MILITARY FAMILIES STATIONED OUTSIDE THE
UNITED STATES.
Section 1060a of title 10, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by striking subsections (a) through (e) and inserting
the following:
``(a) In General.--The Secretary of Defense, in consultation with
the Secretary of Agriculture, shall establish and carry out a program
to provide, at no cost to the recipient, supplemental foods and
nutrition education to--
``(1) low-income pregnant, postpartum, and breastfeeding
women, infants, and children up to 5 years of age of military
families of the armed forces of the United States stationed
outside the United States (and its territories and
possessions); and
``(2) eligible civilians serving with, employed by, or
accompanying the armed forces outside the United States (and
its territories and possessions).
``(b) Administration.--Except as otherwise provided in this
section, the Secretary of Defense, in consultation with the Secretary
of Agriculture, shall operate the program under this section in a
manner that is similar to the special supplemental nutrition program
for women, infants, and children established under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786).
``(c) Regulations.--The Secretary of Defense, in consultation with
the Secretary of Agriculture, shall promulgate regulations to carry out
this section that are as similar as practicable to regulations
promulgated to carry out the special supplemental nutrition program for
women, infants, and children established under section 17 of the Child
Nutrition Act of 1966, but that take into account--
``(1) the need to use military personnel to carry out
functions under the program established under this section,
including functions relating to supplemental foods, nutrition
education, eligibility determinations, oversight, enforcement,
auditing, financial management, application reviews, delivery
of benefits and program information, handling of local
operations and administration, and reporting and recordkeeping;
``(2) the need to limit participation to certain military
installations to ensure efficient program operations using
funds made available to carry out this section;
``(3) the availability in foreign countries of exchange
stores, commissary stores, and other sources of supplemental
foods; and
``(4) other factors or circumstances determined appropriate
by the Secretary of Defense, including the need to phase-in
program operations during fiscal year 2000.
``(d) Administrative Responsibility.--
``(1) In general.--The Secretary of Defense shall be
responsible for the implementation, management, and operation
of the program established under this section, including
ensuring the proper expenditure of funds made available to
carry out this section.
``(2) Investigation and monitoring.--The Inspectors General
of the Armed Forces and the Department of Defense shall
investigate and monitor the implementation of this section.
``(e) Records.--The Secretary of Defense shall require that such
accounts and records (including medical records) be maintained as are
necessary to enable the Secretary of Defense to--
``(1) determine whether there has been compliance with this
section; and
``(2) determine and evaluate the adequacy of benefits
provided under this section.
``(f) Report.--
``(1) In general.--Not later than March 1, 2001, the
Secretary of Defense, in consultation with the Secretary of
Agriculture, shall submit a report describing the
implementation of this section to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Armed Services of the House
of Representatives;
``(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(D) the Committee on Armed Services of the
Senate.
``(2) Contents of report.--The report under paragraph (1)
shall include a description of participation rates, typical
food packages, health and nutrition assessment procedures,
eligibility determinations, management difficulties, and
benefits of the program established under this section.
``(g) Funding.--
``(1) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
provide to the Secretary of Defense to carry out this section--
``(A) $8,000,000 for fiscal year 2000;
``(B) $12,000,000 for fiscal year 2001; and
``(C) $12,000,000 for fiscal year 2002.
``(2) Receipt and acceptance.--The Secretary of Defense
shall be entitled to receive the funds and shall accept the
funds, without further appropriation.''. | Strengthening Families in the Military Service Act of 1999 - Directs the Secretary of Defense to establish and carry out a program to provide, at no cost to the recipient, supplemental foods and nutrition education to: (1) low-income pregnant, postpartum, and breastfeeding women, infants, and children up to five years old of military families stationed outside the United States; and (2) eligible civilians serving with, employed by, or accompanying the armed forces outside the United States. Directs the Secretary to operate the program in a manner similar to the special supplemental nutrition program for women, infants, and children established under the Child Nutrition Act of 1966.
Directs the inspectors general of the military departments and Department of Defense to investigate and monitor implementation of the program.
Requires a program implementation report from the Secretary to the congressional defense and agricultural committees.
Provides program funding for FY 2000 through 2002. | {"src": "billsum_train", "title": "Strengthening Families in the Military Service Act of 1999"} | 1,250 | 196 | 0.675671 | 1.684541 | 0.819265 | 5.698864 | 6.738636 | 0.914773 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Amendment Restoration Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The freedom to practice religion and to express
religious thought is acknowledged to be one of the fundamental
and unalienable rights belonging to all individuals.
(2) The Framers of the Constitution deliberately withheld,
in the main body of that document, any authority for the
Federal Government to meddle with the religious affairs or with
the free speech of the people. Then, as further and more
specific protection for the people, they added the first
amendment, which includes the ``establishment clause'' and the
``freedom of speech clause'' which are as follows: ``Congress
shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof; or abridging the freedom
of speech . . .''. It is of utmost importance to note that the
first amendment is not a grant of authority to the Federal
Government. To the contrary, it is a specific restriction upon
the exercise of power by the Federal Government.
(3) For over 150 years, the Court held to this historically
correct position in interpreting the first amendment. During
this period, scant mention was made to ``The Separation of
Church and State''.
(4) Then, beginning in 1947, and accelerating through the
60's, the Court abruptly reversed its position. This was done
with no change in the law, either by statute or by amendment to
the Constitution. The Court invented the distorted meaning of
the first amendment utilizing the separation of ``church and
state'' in 1947 in Everson v. Board of Education when it
announced: The First Amendment has erected a wall between
church and state. That wall must be kept high and impregnable.
We could not approve the slightest breach. (Everson v. Board of
Education; 330 U.S. 1, 18 [1947]). Over the past five decades,
rulings of the United States Supreme Court have served to
infringe upon the rights of Americans to enjoy freedom of
speech relating to religious matters. Such infringements
include the outlawing of prayer in schools and of the display
of the Ten Commandments in public places. These rulings have
not reflected a neutrality toward religious denominations but a
hostility toward religious thought. They have served to
undermine the foundation of not only our moral code but our
system of law and justice.
(5) In making this abrupt change, the Court ignored all
historical precedent established previously by the Court, the
wording of the First Amendment, and the intent of its framers.
The rulings are legally irrational and without foundation.
Although the Court presumed to rely upon the First Amendment
for its authority for these rulings, a review of that Amendment
reveals that said rulings could not possibly have been based
upon its original intent. Consequently, it is incumbent upon
this Congress to review not only the rulings of the Court which
are in question but the wording and history of the First
Amendment to determine the intent of its framers. This abrupt
change is found in the following court cases:
(A) ``A verbal prayer offered in a school is
unconstitutional, even if that prayer is both voluntary
and denominationally neutral.'' (Engel v. Vitale, 1962,
Abington v. Schempp, 1963, Commissioner of Education v.
School Committee of Leyden, 1971.)
(B) ``Freedoms of speech and press are guaranteed
to students and teachers unless the topic is religious,
at which time such speech becomes unconstitutional.''
(Stein v. Oshinsky, 1965, Collins v. Chandler Unified
School District, 1981, Bishop v. Aronov, 1991, Duran v.
Nitsche, 1991.)
(C) ``It is unconstitutional for students to see
the Ten Commandments since they might read, meditate
upon, respect, or obey them.'' (Stone v. Graham, 1980,
Ring v. Grand Forks Public School District, 1980,
Lanner v. Wimmer, 1981.)
(D) ``If a student prays over his lunch, it is
unconstitutional for him to pray aloud.'' (Reed v. Van
Hoven, 1965.)
(E) ``The Ten Commandments, despite the fact that
they are the basis of civil law and are depicted in
engraved stone in the United States Supreme Court, may
not be displayed at a public courthouse.'' (Harvey v.
Cobb County. 1993.)
(F) ``When a student addresses an assembly of his
peers, he effectively becomes a government
representative; it is therefore unconstitutional for
that student to engage in prayer.'' (Harris v. Joint
School District, 1994.)
(G) By interpreting the establishment clause to
preclude prayer and other religious speech in any
public place, the Supreme Court necessarily violates
the free speech clause of the very same first amendment.
These rulings of the Court constitute de facto legislation or
Constitution-amending. This is a serious violation of the
doctrine of separation of powers, as all legislative authority
bestowed by the people through the Constitution is bestowed
upon the Congress and the Congress alone.
(6) A fundamental maxim of law is, whenever the intent of a
statute or a constitution is in question, to refer to the words
of its framers to determine their intent and use this intent as
the true intent of the law.
(7) The intent of the First Amendment was and is clear on
these two points: The Federal Government was prohibited from
enacting any laws which would favor one religious denomination
over another and the Federal Government has no power to forbid
or prohibit any mention of religion, the Ten Commandments or
reference to God in civic dialog.
(8) In its rulings to prohibit Americans from saying
prayers in school or from displaying the Ten Commandments in
public places, the Court has relied heavily upon the metaphor,
``Separation of Church and State''. Note that this phrase is
nowhere to be found in the First Amendment or any other place
in the Constitution.
(9) The metaphor, ``Separation of Church and State'', was
extracted, out of context, from a letter from Thomas Jefferson
to the Danbury Baptists in reply to a letter from them
expressing concern that the Federal Government might intrude in
religious matters by favoring one denomination over another.
Jefferson's reply was that the First Amendment would preclude
such intrusion.
(10) The Court, in its use of Separation of Church and
State, has given to this phrase a meaning never intended by its
author; it took it out of context and inverted its meaning and
intent. The complete text of Jefferson's letter is found in
Jefferson, Writings, Vol. XVI, pp. 281-282, to the Danbury
Baptist Association on January 1, 1802.
(11) Justice William Rehnquist made an extensive study of
the history of the First Amendment. In his dissent in Wallace
v. Jaffree (472 U.S. 38, 48, n. 30 [1984],) he stated: ``There
is simply no historical foundation for the proposition that the
Framers intended to build the `wall of separation' that was
constitutionalized in Everson. . . . But the greatest injury of
the `wall' notion is its mischievous diversion of judges from
the actual intentions of the drafters of the Bill of Rights. .
. . [N]o amount of repetition of historical errors in judicial
opinions can make the errors true. The `wall of separation
between church and state' is a metaphor based on bad history. .
. . It should be frankly and explicitly abandoned. . . . Our
perception has been clouded not by the Constitution but by the
mists of an unnecessary metaphor. ``It would come as much of a
shock to those who drafted the Bill of Rights, as it will to a
large number of thoughtful Americans today, to learn that the
Constitution, as construed by the majority, prohibits the
Alabama Legislature from endorsing prayer. George Washington
himself, at the request of the very Congress which passed the
Bill of Rights, proclaimed a day of public thanksgiving and
prayer, to be observed by acknowledging with grateful hearts
the many and signal favors of Almighty God. History must judge
whether it was the Father of his Country in 1789, or a majority
of the Court today, which has strayed from the meaning of the
Establishment Clause.''
(12) As Justice Rehnquist states, the greatest injury of
the ``wall'' notion is its ``mischievous diversion of judges
from the actual intentions of the drafters of the Bill of
Rights. . . . '' It is necessary to review not only Jefferson's
intent in his use of this ``wall'', but his involvement or
noninvolvement in the drafting of the First Amendment, and the
intent of the framers of the First Amendment.
(13) Jefferson was neither the author of nor a coauthor of
the First Amendment. He cannot be considered as a source of
legal authority on this subject. The Court, if it had wished to
rely upon Jefferson to determine the true and original intent
of the First Amendment, could have served themselves and the
American people well by referring to Jefferson's admonition to
Judge William Johnson regarding the determination of the
original intent of a statute or a constitution: ``On every
question of construction, carry ourselves back to the time when
the Constitution was adopted, recollect the spirit manifested
in the debates, and instead of trying what meaning may be
squeezed out of the text, or invented against it, conform to
the probable one in which it was passed.'' (Thomas Jefferson,
Memoir, Correspondence, and Miscellanies, From the Papers of
Thomas Jefferson, Thomas Jefferson Randolph, editor [Boston:
Gray and Bowen, 1830, Vol. IV., p. 373,] to Judge William
Johnson on June 12, 1823).
(14) The principal authors of the First Amendment, the
record reveals, were Fisher Ames and Elbridge Gerry of
Massachusetts, not Thomas Jefferson. Others who participated
were John Vining of Delaware, Daniel Carroll and Charles
Carroll of Maryland, Benjamin Huntington, Roger Sherman and
Oliver Ellsworth of Connecticut and William Paterson of New
Jersey and James Madison and George Mason of Virginia. Thomas
Jefferson is not found in the record as having participated.
(The Debates and Proceedings in the Congress of the United
States [Washington, D.C.; Gales and Seaton, 1834], Vol. I, pp.
440-948, June 8-September 24, 1789.)
(15) George Mason, a member of the Constitutional
Convention and recognized as ``The Father of the Bill of
Rights'', submitted this proposal for the wording of the First
Amendment: ``All men have an equal, natural and unalienable
right to the free exercise of religion, according to the
dictates of conscience; and that no particular sect or society
of Christians ought to be favored or established by law in
preference to others.'' (Kate Mason Rowland, The Life of George
Mason [New York: G.P. Putnam's Sons, 1892,] Vol I, p. 244.)
(16) The Father of the Constitution, James Madison,
submitted the following wording for the First Amendment: ``The
civil rights of none shall be abridged on account of religious
belief or worship, nor shall any national religion be
established.'' (The Debates and Proceedings in the Congress of
the United States [Washington, D.C.; Gales and Season, 1834,]
Vol. I, p. 451, James Madison, June 8, 1789.)
(17) The true intent of the First Amendment is reflected by
the proposals submitted by Fisher Ames, George Mason and James
Madison and the wording finally adopted.
(18) Justice Joseph Story, considered the Father of
American Jurisprudence, stated in his Commentaries on the
Constitution: ``The real object of the [First A]mendment was
not to countenance, much less to advance Mohometanism [sp], or
Judaism, or infidelity by prostrating Christianity; but to
exclude all rivalry among Christian sects and to prevent any
national ecclesiastical establishment which should give to a
hierarchy [a denominational council] the exclusive patronage of
the national government. (Joseph Story, Commentaries on the
Constitution of the United States [Boston; Hilliard, Gray and
Company, 1833], p. 728, par. 1871.)
(19) Proof that the intent of the framers of the First
Amendment did not intend for the Federal Government to restrict
the exercise of free speech in religious matters in civic
dialog is found in various statements by George Washington, who
was President when the Congress adopted the First Amendment.
The following is found in his ``Farewell Address'': `` . . . of
all the dispositions and habits which lead to political
prosperity, religion and morality are indispensable supports.
In vain would that man claim the tribute of patriotism who
should labor to subvert these great pillars of human
happiness.'' (George Washington, Address of George Washington,
President of the United States. . . . Preparatory to his
Declination [Baltimore: George and Henry S. Keatinge, 1796],
pp. 22-23.
(20) James Wilson was a very active member of the
Convention and was later appointed by President George
Washington as an original Justice on the United States Supreme
Court where he coauthored America's first legal text on the
Constitution. Wilson never mentioned a ``separation of church
and state''. To the contrary, he declared the correlation
between religion and civil laws: Far from being rivals or
enemies, religion and law are twin sisters, friends, and mutual
assistants. (James Wilson, The Works of James Wilson, Bird
Wilson, editor. Philadelphia; Bronson and Chauncey, 1804. Vol.
I, pp. 104-106.)
(21) It was Fisher Ames of Massachusetts who provided, on
the 20th of August, 1789, the final wording for the First
Amendment as passed by the House of Representatives. Fisher
Ames, who should be considered the foremost authority on the
intent of the First Amendment, never spoke of a separation of
church and state. (Fisher Ames, Works of Fisher Ames, Boston;
T.B. Wait & Co. 1809, p. 134, 135.)
(22) Because the Court does not seem to be disposed to
correct this egregious error, it is incumbent upon the Congress
of the United States to perform its duty to support and defend
the Constitution of the United States, by the use of its
authority to apply checks and balances to other branches of the
government, when usurpations and the exercise of excesses of
power are evident. The Congress must, then, take the
appropriate steps to correct egregious problem.
SEC. 3. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL
DISTRICT COURT JURISDICTION.
(a) In General.--Chapter 85 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1369. Exclusion of jurisdiction over religious freedom-related
cases
``(a) In General.--The district courts of the United States, the
District Court of Guam, the District Court of the Virgin Islands, and
the District Court for the Northern Mariana Islands shall not have
jurisdiction to hear or determine any religious freedom-related case.
``(b) Definition.--For purposes of this section, the term
`religious freedom-related case' means any action in which any
requirement, prohibition, or other provision relating to religious
freedom that is contained in a State or Federal statute is at issue.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 85 of title 28, United States Code, is amended by adding at the
end the following new item:
``1369. Exclusion of jurisdiction over religious freedom-related
cases.''.
SEC. 4. REMOVAL OF RELIGIOUS FREEDOM-RELATED CASES FROM FEDERAL CLAIMS
COURT JURISDICTION.
(a) In General.--Chapter 91 of title 28, United States Code, is
amended by adding at the end the following new section:
``Sec. 1510. Removal of jurisdiction over religious freedom-related
cases
``(a) In General.--The United States Court of Federal Claims shall
not have jurisdiction to hear or determine any religious freedom-
related case.
``(b) Definition.--For purposes of this section, the term
`religious freedom-related case' means any action in which any
requirement, prohibition, or other provision relating to religious
freedom that is contained in a State or Federal statute is at issue.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 91 of title 28, United States Code, is amended by adding at the
end the following new item:
``1510. Removal of jurisdiction over religious freedom-related
cases.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to cases filed on or
after the date of the enactment of this Act. | First Amendment Restoration Act - Denies jurisdiction to the U.S. Court of Federal Claims, U.S. district courts, and the District Courts of Guam, the Virgin Islands, and the Northern Mariana Islands, to hear or determine religious freedom-related cases. | {"src": "billsum_train", "title": "To restore first amendment protections of religion and speech."} | 3,914 | 59 | 0.41259 | 1.017348 | 0.408696 | 3.108696 | 76.76087 | 0.978261 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securities Litigation Attorney
Accountability and Transparency Act''.
SEC. 2. LOSING PLAINTIFF'S ATTORNEY PAYS.
(a) Securities Exchange Act of 1934.--Section 21D(c) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(c)) is amended by
adding at the end the following new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
(b) Securities Act of 1933.--Section 27(c) of the Securities Act of
1933 (15 U.S.C. 77z-1(c)) is amended by adding at the end the following
new paragraph:
``(4) Assessment of fees and expenses.--
``(A) Determination required.--If the court in any
private action arising under this title enters a final
judgment against a plaintiff on the basis of a motion
to dismiss, motion for summary judgment, or a trial on
the merits, the court shall, upon motion by the
defendant, determine whether--
``(i) the position of the plaintiff was not
substantially justified;
``(ii) imposing fees and expenses on the
plaintiff's attorney would be just; and
``(iii) the cost of such fees and expenses
to the defendant is substantially burdensome or
unjust.
``(B) Award.--If the court makes the determinations
described in clauses (i), (ii), and (iii) of
subparagraph (A), the court shall award the defendant
reasonable fees and other expenses incurred by the
defendant and impose such fees and expenses on the
plaintiff's attorney.
``(C) Basis of determination regarding position;
burden of persuasion.--The determination of whether the
position of the plaintiff was substantially justified
shall be made on the basis of the record in the action
for which fees and other expenses are sought, but the
burden of persuasion shall be on the defendant.''.
SEC. 3. DISCLOSURES OF CONFLICTS OF INTEREST BETWEEN PLAINTIFF AND
ATTORNEYS.
(a) Securities Exchange Act of 1934.--Section 21D(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)) is amended by
adding at the end the following new paragraph:
``(10) Disclosures regarding conflicts of interest.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any conflict of interest, including any direct or
indirect payment, between such attorney and such plaintiff and
between such attorney and any affiliated person of such
plaintiff. The court shall make a determination of whether such
conflict is sufficient to disqualify the attorney from
representing the plaintiff.''.
(b) Securities Act of 1933.--Section 27(a) of the Securities Act of
1933 (15 U.S.C. 77z-1(a)) is amended by adding at the end the following
new paragraph:
``(10) Disclosures regarding conflicts of interest.--In any
private action arising under this title, each plaintiff and any
attorney for such plaintiff shall provide sworn certifications,
which shall be personally signed by such plaintiff and such
attorney, respectively, and filed with the complaint, that
identifies any conflict of interest, including any direct or
indirect payment, between such attorney and such plaintiff and
between such attorney and any affiliated person (as such term
is defined in section 2(a)(3) of the Investment Company Act of
1940 (15 U.S.C. 80a-3(a)(3))) of such plaintiff. The court
shall make a determination of whether such conflict is
sufficient to disqualify the attorney from representing the
plaintiff.''.
SEC. 4. SELECTION OF LEAD COUNSEL.
(a) Securities Exchange Act of 1934.--Section 21D(a)(3)(B)(v) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(a)(3)(B)(v)) is
amended by adding at the end the following: ``In exercising the
discretion of the court over the approval of lead counsel, the court
may employ alternative means in the selection and retention of counsel
for the most adequate plaintiff, including a competitive bidding
process.''.
(b) Securities Act of 1933.--Section 27(a)(3)(B)(v) of the
Securities Act of 1933 (15 U.S.C. 77z-1(a)(3)(B)(v)) is amended by
adding at the end the following: ``In exercising the discretion of the
court over the approval of lead counsel, the court may employ
alternative means in the selection and retention of counsel for the
most adequate plaintiff, including a competitive bidding process.''. | Securities Litigation Attorney Accountability and Transparency Act - Amends the Securities Exchange Act of 1934 and the Securities Act of 1933 to require, in any private action in which the court enters a final judgment, that the court award the defendant reasonable fees and expenses, and impose such fees and expenses on the plaintiff's attorney, if the plaintiff's position was not substantially justified.
Requires each plaintiff and plaintiff's attorney in a private action to provide sworn certifications, filed with the complaint, that identify any conflict of interest, including any direct or indirect payment, between the attorney and the plaintiff.
Authorizes the court, in exercising its discretion over the approval of lead counsel, to employ alternative means in the selection and retention of counsel for the most adequate plaintiff, including a competitive bidding process. | {"src": "billsum_train", "title": "To protect investors by fostering transparency and accountability of attorneys in private securities litigation."} | 1,384 | 177 | 0.548416 | 1.520774 | 0.848304 | 4.381579 | 7.671053 | 0.947368 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Cyber Sanctions Act of 2016''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO IRANIAN PERSONS
RESPONSIBLE FOR KNOWINGLY ENGAGING IN SIGNIFICANT
ACTIVITIES UNDERMINING CYBERSECURITY.
(a) Cybersecurity Report Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, and not less frequently than once
every 180 days thereafter, the President shall submit to the
appropriate congressional committees a report that describes
significant activities undermining cybersecurity conducted by
Iranian persons against the Government of the United States or
any United States person.
(2) Information.--The report required under paragraph (1)
shall include the following:
(A) The identity of Iranian persons that have
knowingly engaged in, directed, or provided material
support for significant activities undermining
cybersecurity described in paragraph (1).
(B) A description of the conduct engaged in by each
Iranian person identified under subparagraph (A).
(C) An assessment of the extent to which the
Government of Iran or another foreign government has
provided material support in the conduct of significant
activities undermining cybersecurity described in
paragraph (1).
(D) A strategy to counter efforts by Iranian
persons to conduct significant activities undermining
cybersecurity described in paragraph (1), including
efforts to engage foreign governments to halt the
capability of Iranian persons to conduct those
activities.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(b) Designation of Persons.--
(1) In general.--Except as provided in paragraph (2), the
President shall include on the specially designated nationals
and blocked persons list maintained by the Office of Foreign
Assets Control of the Department of the Treasury--
(A) any Iranian person identified under subsection
(a)(2)(A); and
(B) any Iranian person for which the Department of
Justice has issued an indictment in connection with
significant activities undermining cybersecurity
against the Government of the United States or any
United States person.
(2) Exception.--The President is not required to include a
person described in paragraph (1)(B) on the specially
designated nationals and blocked persons list maintained by the
Office of Foreign Assets Control of the Department of the
Treasury if the President submits to the appropriate
congressional committees an explanation of the reasons for not
including that person on that list.
(c) Presidential Briefings to Congress.--Not later than 180 days
after the date of the enactment of this Act, and periodically
thereafter, the President shall provide a briefing to the appropriate
congressional committees on efforts to implement this section.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Homeland Security, the Committee on Financial
Services, and the Committee on Ways and Means of the
House of Representatives.
(2) Iranian person.--The term ``Iranian person'' means--
(A) an individual who is a citizen or national of
Iran; and
(B) an entity organized under the laws of Iran or
otherwise subject to the jurisdiction of the Government
of Iran.
(3) Significant activities undermining cybersecurity.--The
term ``significant activities undermining cybersecurity''
includes--
(A) significant efforts to--
(i) deny access to or degrade, disrupt, or
destroy an information and communications
technology system or network; or
(ii) exfiltrate information from such a
system or network without authorization;
(B) significant destructive malware attacks;
(C) significant denial of service activities; and
(D) such other significant activities as may be
described in regulations prescribed to implement this
section.
(4) United states person.--The term ``United States
person'' means--
(A) an individual who is a citizen of the United
States or an alien lawfully admitted for permanent
residence to the United States; and
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity. | Iran Cyber Sanctions Act of 2016 This bill requires the President to report to Congress at least every 180 days regarding significant activities undermining cybersecurity conducted by Iranian persons against the United States or U.S. persons. The reports must: (1) identify Iranians involved in such activities; (2) describe their conduct; (3) assess the Iranian government's or other foreign governments' material support for such activities; and (4) provide a strategy to counter efforts by Iranian persons to conduct such activities, which shall include engaging foreign governments to halt the capabilities of such Iranian persons. The President must include on the Office of Foreign Assets Control's specially designated nationals and blocked persons list (which identifies individuals and entities whose assets within the United States are blocked from being accessed and with whom U.S. persons are prohibited from engaging in transactions) Iranian persons who are: (1) identified in such reports; or (2) indicted by the Department of Justice in connection with such activities undermining U.S. cybersecurity, unless the President submits an explanation for excluding such a person from that list. | {"src": "billsum_train", "title": "Iran Cyber Sanctions Act of 2016"} | 967 | 227 | 0.747619 | 2.168243 | 0.850945 | 2.2 | 4.35122 | 0.814634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Enterprise Revitalization
Amendments Act''.
SEC. 2. SECTION 108 ELIGIBLE ACTIVITIES.
(a) In General.--Section 108(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308(a)) is amended--
(1) in the first sentence--
(A) by striking ``or'' after ``section 105(a);'';
and
(B) by inserting before the period the following:
``; (5) the acquisition, construction, reconstruction,
or installation of public facilities (except for
buildings for the general conduct of government); or
(6) in the case of colonias, public works and site or
other improvements''; and
(2) by striking the second sentence and inserting the
following: ``A guarantee under this section (including a
guarantee combined with a grant under subsection (q)) may be
used to assist a grantee in obtaining financing only if the
grantee has made efforts to obtain the financing without the
use of the guarantee (and, if applicable, the grant) and cannot
complete the financing consistent with the timely execution of
the proposed activities and projects without the guarantee (or,
if applicable, the grant).''.
(b) Definition.--Section 102(a) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302(a)) is amended by adding at the
end the following new paragraph:
``(24) The term `colonia' means any identifiable community
that--
``(A) is in the State of Arizona, California, New
Mexico, or Texas;
``(B) is in the United States-Mexico border region;
``(C) is determined to be a colonia on the basis of
objective criteria, including lack of potable water
supply, lack of adequate sewage systems, and lack of
decent, safe, and sanitary housing; and
``(D) was in existence as a colonia before the date
of the enactment of the Cranston-Gonzalez National
Affordable Housing Act.''.
SEC. 3. ECONOMIC DEVELOPMENT GRANTS.
(a) In General.--Section 108 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5308) is amended by adding at the
end the following new subsection:
``(q) Economic Development Grants.--
``(1) Authorization.--The Secretary may make grants in
connection with notes or other obligations guaranteed under
this section to eligible public entities for the purpose of
enhancing the security of loans guaranteed under this section
or improving the viability of projects financed with loans
guaranteed under this section.
``(2) Eligible activities.--Assistance under this
subsection may be used for the purposes of and in conjunction
with projects and activities assisted under subsection (a).
``(3) Applications.--Applications for assistance under this
subsection shall be submitted by eligible public entities in
the form and in accordance with the procedures established by
the Secretary. Eligible public entities may apply for grants
only in conjunction with a request for guarantee under
subsection (a).
``(4) Selection criteria.--The Secretary shall establish
criteria for awarding assistance under this subsection. Such
criteria shall include--
``(A) the extent of need for such assistance;
``(B) the level of distress in the community to be
served and in the jurisdiction applying for assistance;
``(C) the quality of the plan proposed and the
capacity or potential capacity of the applicant to
successfully carry out the plan; and
``(D) such other factors as the Secretary
determines to be appropriate.''.
(b) Conforming Amendment.--Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--
(1) in section 101(c) in the second sentence, by inserting
``or a grant'' after ``guarantee''; and
(2) in section 104(b)(3), by inserting ``or a grant'' after
``guarantee''.
SEC. 4. USE OF UDAG RECAPTURES.
Section 119(o) of the Housing and Community Development Act of 1974
(42 U.S.C. 5318(o)) is amended by inserting before the period the
following: ``, except that amounts available to the Secretary for use
under this subsection as of October 1, 1993, and amounts released to
the Secretary pursuant to subsection (t) may, to the extent or in such
amounts as are or have been provided in appropriation Acts, be used to
provide grants under section 108(q).''.
SEC. 5. UDAG AMNESTY PROGRAM.
(a) Amendment.--Section 119 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5318) is amended by adding at the
end the following new subsection:
``(t) UDAG Amnesty Program.--If a grant or a portion of a grant
under this section remains unexpended as of the issuance of a notice
implementing this subsection, the grantee may enter into an agreement,
as provided under this subsection, with the Secretary to receive a
percentage of the grant amount and relinquish all claims to the balance
of the grant within 90 days of the issuance of notice implementing this
subsection (or such later date as the Secretary may approve). The
Secretary shall not recapture any funds obligated pursuant to this
section during a period beginning on the date of enactment of the
Housing and Community Development Act of 1993 until 90 days after the
issuance of a notice implementing this subsection. A grantee may
receive as a grant under this subsection--
``(1) 33 percent of such unexpended amounts if--
``(A) the grantee agrees to expend not less than
one-half of the amount received for activities
authorized pursuant to section 108(q) and to expend
such funds in conjunction with a loan guarantee made
under section 108 at least equal to twice the amount of
the funds received; and
``(B)(i) the remainder of the amount received is
used for economic development activities eligible under
title I of this Act; and
``(ii) except when waived by the Secretary in the
case of a severely distressed jurisdiction, not more
than one-half of the costs of activities under
subparagraph (B) are derived from such unexpended
amounts; or
``(2) 25 percent of such unexpended amounts if--
``(A) the grantee agrees to expend such funds for
economic development activities eligible under title I
of this Act; and
``(B) except when waived by the Secretary in the
case of a severely distressed jurisdiction, not more
than one-half of the costs of such activities are
derived from such unexpended amount.''.
(b) Implementation.--Notwithstanding section 7, not later than 10
days after the date of enactment of this Act, the Secretary shall, by
notice published in the Federal Register, which shall take effect upon
publication, establish such requirements as may be necessary to
implement the amendments made by this section.
SEC. 6. GUARANTEE OF OBLIGATIONS BACKED BY SECTION 108 LOANS.
Section 108 of the Housing and Community Development Act of 1974
(42 U.S.C. 5308), as amended by section 3, is amended by adding at the
end the following new subsection:
``(r) Guarantee of Obligations Backed by Section 108 Loans.--
``(1) Authorization.--The Secretary may, upon such terms
and conditions as the Secretary deems appropriate, guarantee
the timely payment of the principal of and interest on trust
certificates or other obligations that--
``(A) are offered by the Secretary, or by any other
offeror approved for purposes of this subsection by the
Secretary; and
``(B) are based on and backed by a trust or pool
composed of notes or other obligations guaranteed by
the Secretary under this section.
``(2) Full faith and credit of the united states.--
Subsection (f) shall apply to any guarantee under this
subsection.
``(3) Subrogation.--If the Secretary pays a claim under a
guarantee issued under this section, the Secretary shall be
subrogated fully to the rights satisfied by such payment.
``(4) Powers of the secretary.--No Federal, State, or local
law shall preclude or limit the exercise by the Secretary of--
``(A) the power to contract with respect to public
offerings and other sales of notes, trust certificates,
and other obligations guaranteed under this section
upon such terms and conditions as the Secretary deems
appropriate;
``(B) the right to enforce by any means deemed
appropriate by the Secretary any such contract; and
``(C) the Secretary's ownership rights, as
applicable, in notes, certificates, or other
obligations guaranteed under this section, or
constituting the trust or pool against which trust
certificates or other obligations guaranteed under this
section are offered.''.
SEC. 7. EFFECTIVE DATE.
The Secretary shall, by notice published in the Federal Register,
which shall take effect upon publication, establish such requirements
as may be necessary to implement the amendments made by this Act. The
notice shall invite public comments and, not later than 12 months after
the date on which the notice is published, the Secretary shall issue
final regulations based on the initial notice, taking into account any
public comments received. | Community Enterprise Revitalization Amendments Act - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make economic development grants to enhance the security of housing loan guarantees under section 108 of such Act.
Authorizes such grants' funding with recaptured urban development action grant (UDAG) amounts.
Authorizes a UDAG amnesty program.
Authorizes the Secretary to guarantee section 108-backed obligations. | {"src": "billsum_train", "title": "Community Enterprise Revitalization Amendments Act"} | 2,141 | 101 | 0.469236 | 1.194565 | 0.501949 | 2.225 | 24.05 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Students in School Act of
2016''.
SEC. 2. GRANT PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary of Education shall establish
a program under which grants are awarded to local educational
agencies to enable the local educational agencies to carry out
the activities under subsection (c).
(2) Duration and renewal.--A grant under this section shall
be awarded for a period of 5 years and may not be renewed.
(b) Application.--A local educational agency desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
(c) Use of Funds.--A local educational agency that receives a grant
under this section may only use the grant funds to carry out one or
more of the following:
(1) Attendance program.--Establish an attendance program
that enables--
(A) each elementary school and secondary school
served by the local educational agency to collect and
maintain attendance records electronically;
(B) each such school to share the data collected
under subparagraph (A) with the local educational
agency and other elementary schools and secondary
schools served by the local educational agency; and
(C) the local educational agency to use the data
collected under subparagraph (A) to inform attendance
intervention strategies.
(2) After-school programs and recreational activities.--
Improve student engagement by funding after-school programs and
recreational activities.
(3) Teacher training and development program.--Establish a
teacher training and development program that focuses on issues
relating to racial inequality and poverty.
(4) Student retention and engagement policy.--In the case
of a local educational agency that has a zero tolerance policy,
making such policy more compatible with the goals of student
retention and engagement.
(5) Student absence policy.--Establish a policy that
requires each elementary school and secondary school served by
the local educational agency--
(A) to make personal phone calls to the parents of
an at-risk child the same day that such child's absence
is noted; and
(B) when needed, and if possible, to provide
parents of at-risk children with an interpreter and a
translation of written communications.
(6) Youth violence prevention.--Collaborate with local
agencies and social workers that focus on youth violence
prevention to address issues facing at-risk children.
(7) Resources and support for parents of at-risk
children.--Provide parents of at-risk children with resources
and support, including--
(A) providing school counseling services for
parents and their at-risk children; and
(B) collaborating with other organizations in the
community to facilitate access to resources and
support, including fulfilling any needs with respect to
at-risk children created by budget deficits.
(8) Mentoring program.--Establish or expand a mentoring
program under which--
(A) a community volunteer who--
(i) attends a secondary school is paired
with an at-risk child who attends an elementary
school; or
(ii) has obtained at least a high school
diploma, or its equivalent, is paired with an
at-risk child who attends either an elementary
school or a secondary school; and
(B) such community volunteer meets with the at-risk
child for at least 5 hours each week that school is in
session to provide homework assistance and encourage
attendance.
(9) Licensed clinical social workers.--Provide at least one
licensed social worker for elementary schools and one licensed
social worker for high schools served by the local educational
agency.
SEC. 3. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, upon request, to
local educational agencies receiving a grant under section 2 to
implement the goals of such section.
SEC. 4. TASK FORCE ON ADDRESSING HARDSHIPS OF DISADVANTAGED YOUTH.
(a) In General.--Not later than December 31, 2017, the Secretary
shall enter a memorandum of understanding with other appropriate heads
of Federal agencies regarding the establishment of a task force to
develop a comprehensive work plan to address the hardships that
disadvantaged youth may face in attending elementary school and
secondary school and attaining academic success, including the
following:
(1) Home environment factors.--Hardships within the home,
including domestic violence and drug or alcohol abuse in the
home.
(2) Economic factors.--Economic hardships, including
poverty, single-parent homes, frequent housing mobility,
parents who work multiple jobs, lack of adequate transportation
to school, lack of affordable childcare, and working students.
(3) School environment factors.--Hardships within the
academic environment, including overcrowded classrooms,
discriminatory attitudes of teachers and administrators,
hostility from other students, lack of flexibility regarding
the cultural or learning needs of the student, and inconsistent
procedures for dealing with truancy.
(4) Personal characteristics factors.--Personal hardships,
including learning difficulties, drug and alcohol abuse and
mental health issues.
(b) Duties.--The task force shall--
(1) coordinate interagency efforts to address the hardships
described in subsection (a);
(2) assess the effectiveness of Federal programs aimed at
addressing such hardships;
(3) develop a comprehensive work plan that identifies and
implements improvements to the Federal programs assessed under
paragraph (2) by--
(A) eliminating ineffective programs;
(B) redirecting resources; and
(C) consolidating the efforts of successful
programs; and
(4) incorporate positive youth development practices into
the work plan developed under paragraph (3).
(c) Reports.--
(1) Preliminary report.--Not later than 3 years after the
date on which the task force is established under this section,
the task force shall submit to the appropriate committees of
Congress a preliminary report that shall include--
(A) the assessment conducted under subsection
(b)(2); and
(B) the work plan developed under subsection
(b)(3).
(2) Progress report.--Not later than 3 years after the date
on which the task force submits the preliminary report under
paragraph (1), the task force shall submit to the appropriate
committees of Congress a report regarding the progress and
effectiveness of implementing the work plan developed under
subsection (b)(3).
(3) Final report.--Not later than 3 years after the date on
which the task force submits the progress report under
paragraph (2), the task force shall submit to the appropriate
committees of Congress a final report including--
(A) the results of implementing the work plan
developed under subsection (b)(3); and
(B) recommendations on the practices that
individual elementary schools and secondary schools
should implement to further remove the hardships that
disadvantaged youth may face.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for each of
fiscal years 2017 through 2028 to carry out this Act.
SEC. 6. DEFINITIONS.
For purposes of this Act:
(1) At-risk children.--The term ``at-risk children''
includes elementary school and secondary school students who--
(A) are subject to grade retention;
(B) have poor academic performance;
(C) have a high rate of absenteeism;
(D) have behavioral problems; or
(E) are subject to frequent housing mobility.
(2) Community volunteer.--The term ``community volunteer''
means an individual who voluntarily offers to mentor an
elementary school or secondary school student, without
compensation, and--
(A) has passed a background check conducted in
accordance with procedures established by the Secretary
and with applicable State and local laws; or
(B) in the event that the individual has failed the
background check conducted under subparagraph (A)--
(i) has maintained a record free of
criminal infractions for the 5 most recent
calendar years;
(ii) has provided at least 2 character
references;
(iii) has had no history of violence
against children or animals;
(iv) has passed a drug test; and
(v) has been approved for purposes of the
mentoring program under section 2(c)(8) by the
local police department.
(3) Disadvantaged youth.--The term ``disadvantaged youth''
includes at-risk children and elementary school and secondary
school students--
(A) whose family receives assistance under the
program of block grants to States for temporary
assistance for needy families established under part A
of title IV of the Social Security Act (42 U.S.C. 601
et seq.);
(B) whose family has an income below the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size
involved; or
(C) who have a history of trauma or abuse,
including substance abuse, in the home.
(4) ESEA terms.--The terms ``local educational agency'',
``parent'', ``elementary school'', ``secondary school'', and
``Secretary'' have the meanings given the terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801). | Keep Students in School Act of 2016 This bill establishes a grant program through which the Department of Education (ED) shall assist local educational agencies in carrying out one or more of the following activities: establishing an attendance program; funding after-school programs and recreational activities; establishing a teacher training and development program that focuses on issues relating to racial inequality and poverty; if applicable, making a zero tolerance policy more compatible with the goals of student retention and engagement; establishing a student absence policy with respect to at-risk children; collaborating with local agencies and social workers to address issues facing at-risk children; providing parents of at-risk children with resources and support; establishing or expanding a mentoring program; or providing schools with licensed social workers. ED shall provide technical assistance to grantees upon request. In addition, ED shall establish a task force to develop a comprehensive work plan to address the hardships that disadvantaged youth may face in attending school and attaining academic success. The task force shall: (1) coordinate interagency efforts to address such hardships, (2) assess the effectiveness of federal programs aimed at addressing those hardships, and (3) develop a plan that implements improvements to such federal programs and incorporates positive youth development practices. | {"src": "billsum_train", "title": "Keep Students in School Act of 2016"} | 2,015 | 284 | 0.579003 | 1.706098 | 0.969645 | 4.263598 | 7.924686 | 0.916318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Money Laundering and Paycheck
Accountability Act''.
SEC. 2. BAN ON NON-FEDERAL FUNDS OF POLITICAL PARTIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``ban on use non-federal funds of political parties
``Sec. 323. (a) Ban Described.--
``(1) In general.--Except as otherwise provided in this
section, no funds may be solicited, contributed, or expended by
any political party committee for purposes of any activity
influencing an election for Federal office (without regard to
whether the activity involved also influences any other
election) unless the funds are subject to the limitations,
prohibitions, and reporting requirements of this Act.
``(2) Examples of activities covered.--For purposes of
paragraph (1), the following activities shall be considered to
be examples of activities influencing an election for Federal
office:
``(A) Voter registration.
``(B) Absentee ballot programs.
``(C) Get-out-the-vote programs.
``(D) Generic campaign activity.
``(E) The making or disseminating of any
communication which identifies (by name, likeness, or
representation) any candidate for election for Federal
office.
``(b) Funds Available for Party Communications With Members.--
``(1) In general.--Subsection (a) shall not apply with
respect to funds solicited, contributed, or expended by a
political party committee for communications to the extent the
communications are made to members of the party, except that
funds used for any communications which are both for the
purpose of expressly advocating the election or defeat of a
specific candidate for election to Federal office and for any
other purpose shall be allocated among the candidates involved
on the basis of the time and space allocated to the candidates.
``(2) Party members described.--For purposes of paragraph
(1), an individual shall be considered to be a `member' of a
political party if any of the following apply:
``(A) The individual is registered to vote as a
member of the party.
``(B) There is a public record that the individual
voted in the primary of the party during the most
recent primary election.
``(C) The individual has made a contribution to the
party and the contribution has been reported to the
Commission (in accordance with this Act) or to a State
reporting agency.
``(D) The individual has indicated in writing that
the individual is a member of the party.
``(c) Funds Available for State and Local Party Volunteer and
Grassroots Activities.--
``(1) In general.--Subsection (a) shall not apply with
respect to funds solicited, contributed, or expended by a
political party committee for activities described in paragraph
(2), except that any payments which are both for the purpose of
expressly advocating the election or defeat of a specific
candidate for election to Federal office and for any other
purpose shall be allocated among the candidates involved on the
basis of the time and space allocated to the candidates for
such activities.
``(2) Activities described.--The activities described in
this paragraph are as follows:
``(A) The listing of the slate of the party's
candidates, including the communication of the slate to
the public.
``(B) The mailing of materials for or on behalf of
specific candidates by volunteers (including labeling
envelopes or affixing postage or other indicia to
particular pieces of mail), other than the mailing of
materials to a commercial list.
``(C) Conducting a telephone bank for or on behalf
of specific candidates staffed by volunteers.
``(D) The distribution of collateral materials
(such as pins, bumper stickers, handbills, brochures,
posters, party tabloids, and yard signs) for or on
behalf of specific candidates (whether by volunteers or
otherwise).
``(d) Limit on Amount Contributed for Exempted Party-Building
Activities.--No person may make contributions to a political party
committee for activities described in subsection (b) or subsection (c)
with respect to an election in an aggregate amount in excess of
$25,000. Any amounts contributed by an individual for such activities
shall be included in determining whether the individual has made
contributions in excess of the aggregate annual limit on contributions
provided in section 315(a)(3).
``(e) Political Party Committee Defined.--For purposes of this
section, the term `political party committee' means a political
committee which is a national, State, district, or local political
party committee (including any subordinate committee thereof).''.
SEC. 3. REQUIRING ANNUAL WRITTEN AUTHORIZATION FOR USE OF PAYROLL
DEDUCTIONS FOR POLITICAL ACTIVITIES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 2, is further amended by adding at
the end the following new section:
``requiring annual written authorization for use of payroll deductions
for political activities
``Sec. 324. (a) Requirements for Authorization of Deduction.--
``(1) In general.--No amounts withheld from an individual's
wages or salary during a year may be used by any person
receiving the withheld amounts for any political activity
unless there is in effect an authorization in writing by the
individual permitting the withholding of such amounts for such
activities.
``(2) Period of authorization.--An authorization described
in this subsection may be in effect with respect to an
individual for such period as the individual may specify
(subject to cancellation under paragraph (3)), except that the
period may not be longer than 12 months.
``(3) Right of cancellation.--An individual with an
authorization in effect under this subsection may cancel or
revise the authorization at any time, and any such cancellation
or revision shall apply to amounts used after the date of the
cancellation or revision.
``(4) Political activity defined.--In this section, the
term `political activity' means--
``(A) attempting to influence legislation;
``(B) participating or intervening in (including
the publishing or distributing of statements) any
political campaign on behalf of (or in opposition to)
any candidate for public office; or
``(C) influencing or attempting to influence the
selection, nomination, election, or appointment of any
individual to any Federal, State, or local public
office or to any office in a political party,
committee, association or fund.
``(b) Information Provided by Withholding Entity.--
``(1) In general.--Each entity withholding wages or salary
from an individual with an authorization in effect under
subsection (a) shall provide the individual with a statement
that the individual may at any time cancel or revise the
authorization in accordance with subsection (a)(3).
``(2) Timing of notice.--The entity shall provide the
information described in paragraph (1) to an individual at the
beginning of each calendar year occurring during the period in
which the individual's authorization is in effect.''.
SEC. 4. PROHIBITION OF LEADERSHIP COMMITTEES.
(a) Leadership Committee Prohibition.--Section 302 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 432) is amended by adding at
the end the following new subsection:
``(j) A candidate for Federal office or an individual holding
Federal office may not establish, maintain, finance, or control a
political committee, other than a principal campaign committee of the
candidate or the individual.''.
(b) Conforming Amendment Relating to Joint Fundraising.--Section
302(e)(3)(A) of such Act (2 U.S.C. 432(e)(3)) is amended by striking
``except that--'' and all that follows and inserting the following:
``except that the candidate for the office of President nominated by a
political party may designate the national committee of such political
party as a principal campaign committee, but only if that national
committee maintains separate books of account with respect to its
function as a principal campaign committee.''.
(c) Effective Date; Transition Rule.--
(1) In general.--The amendments made by this section shall
apply with respect to elections occurring in years beginning
with 1999.
(2) Transition rule.--
(A) In general.--Notwithstanding section 302(j) of
the Federal Election Campaign Act of 1971 (as added by
subsection (a)), if a political committee established,
maintained, financed, or controlled by a candidate for
Federal office or an individual holding Federal office
(other than a principal campaign committee of the
candidate or individual) with respect to an election
occurring during 1998 has funds remaining unexpended
after the 1998 general election, the committee may make
contributions or expenditures of such funds with
respect to elections occurring during 1999 or 2000.
(B) Disbanding committees; treatment of remaining
funds.--Any political committee described in
subparagraph (A) shall be disbanded after filing any
post-election reports required under section 304 of the
Federal Election Campaign Act of 1971 with respect to
the 2000 general election. Any funds of such a
committee which remain unexpended after the 2000
general election and before the date on which the
committee disbands shall be returned to contributors or
available for any lawful purpose other than use by the
candidate or individual involved with respect to an
election for Federal office.
SEC. 5. REQUIRING REPORTING WITHIN 24 HOURS OF ALL CONTRIBUTIONS
RECEIVED WITHIN 20 DAYS OF ELECTION.
(a) In General.--Section 304(a)(6)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended to read as
follows:
``(6)(A) Each political committee shall notify the Secretary or the
Commission, and the Secretary of State, as appropriate, in writing, of
any contribution received by the committee during the period which
begins on the 20th day before an election and ends at the time the
polls close for such election. This notification shall be made within
24 hours (or, if earlier, by midnight of the day on which the
contribution is deposited) after the receipt of such contribution and
shall include the name of the candidate and the office sought by the
candidate, the identification of the contributor, and the date of
receipt and amount of the contribution.''.
(b) Availability of Information on Internet.--Section 304(a)(6) of
such Act (2 U.S.C. 434(a)(6)) is amended by adding at the end the
following new subparagraph:
``(C)(i) The Commission shall make the information contained in the
reports submitted under this paragraph available on the Internet and
publicly available at the offices of the Commission as soon as
practicable (but in no case later than 24 hours) after the information
is received by the Commission.
``(ii) In this subparagraph, the term `Internet' means the
international computer network of both Federal and non-Federal
interoperable packet-switched data networks.''.
SEC. 6. EFFECTIVE DATE.
Except where otherwise provided, the amendments made by this Act
shall apply with respect to elections occurring after December 1998. | Anti-Money Laundering and Paycheck Accountability Act - Amends the Federal Election Campaign Act of 1971 (FECA) to: (1) ban the use of non-Federal funds by political parties for specified activities, unless the funds are subject to FECA (with exceptions); and (2) limit the amount a person may contribute to a political party for excepted party-building activities.
Requires annual written authorization permitting the withholding of an individual's wages or salary to be used by any person receiving the withheld amounts for political activities.
Prohibits a candidate for Federal office or a Federal officeholder from establishing, maintaining, financing, or controlling a leadership committee.
Revises requirements for notification by the candidate's principal campaign committee of large contributions to require each political committee to report within 24 hours all contributions received by the committee within 20 days of an election. Directs the Federal Election Commission to make the information contained in the reports submitted available on the Internet and publicly available at Commission offices within 24 hours after the information is received by the Commission. | {"src": "billsum_train", "title": "Anti-Money Laundering and Paycheck Accountability Act"} | 2,555 | 233 | 0.582249 | 1.568913 | 0.734873 | 3.054187 | 11.428571 | 0.896552 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``National Veterinary Medical Service
Act''.
SEC. 2. ESTABLISHMENT OF LOAN REPAYMENT PROGRAM REGARDING VETERINARY
MEDICINE.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3101 et seq.) is amended by inserting after
section 1415 the following new section:
``SEC. 1415A. VETERINARY MEDICINE LOAN REPAYMENT.
``(a) Program.--
``(1) Service in shortage situations.--The Secretary shall
carry out a program of entering into agreements with veterinarians
under which the veterinarians agree to provide, for a period of
time as determined by the Secretary and specified in the agreement,
veterinary services in veterinarian shortage situations. For each
year of such service under an agreement under this paragraph, the
Secretary shall pay an amount, as determined by the Secretary and
specified in the agreement, of the principal and interest of
qualifying educational loans of the veterinarians.
``(2) Service to federal government in emergency situations.--
``(A) In general.--The Secretary may enter into agreements
of 1 year duration with veterinarians who have agreements
pursuant to paragraph (1) for such veterinarians to provide
services to the Federal Government in emergency situations, as
determined by the Secretary, under terms and conditions
specified in the agreement. Pursuant to an agreement under this
paragraph, the Secretary shall pay an amount, in addition to
the amount paid pursuant to the agreement in paragraph (1), as
determined by the Secretary and specified in the agreement, of
the principal and interest of qualifying educational loans of
the veterinarians.
``(B) Requirements.--Agreements entered into under this
paragraph shall include the following:
``(i) A veterinarian shall not be required to serve
more than 60 working days per year of the agreement.
``(ii) A veterinarian who provides service pursuant to
the agreement shall receive a salary commensurate with the
duties and shall be reimbursed for travel and per diem
expenses as appropriate for the duration of the service.
``(b) Determination of Veterinarian Shortage Situations.--In
determining `veterinarian shortage situations' the Secretary may
consider the following:
``(1) Urban or rural areas that the Secretary determines have a
shortage of veterinarians.
``(2) Areas of veterinary practice that the Secretary
determines have a shortage of veterinarians, such as public health,
epidemiology, and food safety.
``(3) Areas of veterinary need in the Federal Government.
``(4) Other factors that the Secretary considers to be
relevant.
``(c) Administration.--
``(1) Authority.--The Secretary may carry out this program
directly or enter into agreements with another Federal agency or
other service provider to assist in the administration of this
program.
``(2) Breach remedies.--
``(A) In general.--Agreements with program participants
shall provide remedies for any breach of an agreement by a
participant, including repayment or partial repayment of
financial assistance received, with interest.
``(B) Amounts recovered.--Funds recovered under this
subsection shall be credited to the account available to carry
out this section and shall remain available until expended.
``(3) Waiver.--The Secretary may grant a waiver of the
repayment obligation for breach of contract in the event of extreme
hardship or extreme need, as determined by the Secretary.
``(4) Amount.--The Secretary shall develop regulations to
determine the amount of loan repayment for a year of service by a
veterinarian. In making the determination, the Secretary shall
consider the extent to which such determination--
``(A) affects the ability of the Secretary to maximize the
number of agreements that can be provided under the Veterinary
Medicine Loan Repayment Program from the amounts appropriated
for such agreements; and
``(B) provides an incentive to serve in veterinary service
shortage areas with the greatest need.
``(5) Qualifying educational loans.--Loan repayments provided
under this section may consist of payments on behalf of
participating individuals of the principal and interest on
government and commercial loans received by the individual for
attendance of the individual at an accredited college of veterinary
medicine resulting in a degree of Doctor of Veterinary Medicine or
the equivalent, which loans were made for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses, including
fees, books, and laboratory expenses, incurred by the
individual; or
``(C) reasonable living expenses as determined by the
Secretary.
``(6) Repayment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are made
under this section to establish a schedule for the making of such
payments.
``(7) Tax liability.--In addition to educational loan
repayments, the Secretary shall make such additional payments to
participants as the Secretary determines to be appropriate for the
purpose of providing reimbursements to participants for individual
tax liability resulting from participation in this program.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section such sums as may be
necessary and such sums shall remain available to the Secretary for the
purposes of this section until expended.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Veterinary Medical Service Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to provide veterinary school educational loan repayment assistance (for tuition and educational and living expenses) to veterinarians who agree to practice in veterinary shortage situations.
Authorizes the Secretary to enter into agreements (60-day maximum working days during a one-year period) with such veterinarians to provide services to the Federal Government in emergency situations. Provides additional loan repayment and a salary for such service.
Authorizes the Secretary, in determining veterinarian shortage situations, to consider the needs of urban or rural areas, the Federal Government, and areas of practice such as public health, epidemiology, and food safety.
Provides for breach remedies and related waiver authority.
Directs the Secretary to make related tax liability payments to participants.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to conduct a loan repayment program regarding the provision of veterinary services in shortage situations, and for other purposes."} | 1,187 | 188 | 0.675447 | 1.936992 | 0.840457 | 2.77381 | 6.541667 | 0.880952 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Emergency Medical Care and
Response Act of 2007''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) Emergency medical services play a critically important
role in health care, public health, and public safety by
frequently providing immediate lifesustaining care and making
decisions with limited time and information.
(2) Between 1993 and 2003, the population of the United
States grew by 12 percent and hospital admissions increased by
13 percent, yet emergency department visits rose by more than
25 percent during this same period of time, from 90,300,000
visits in 1993 to 113,900,000 visits in 2003.
(3) The demand for emergency care in the United States
continues to grow at a rapid pace.
(4) In 2003, hospital emergency departments received nearly
114,000,000 visits, which is more than 1 visit for every 3
people in the United States, however, between 1993 and 2003,
the number of emergency departments declined by 425.
(5) Many emergency medical services are highly fragmented,
overburdened, poorly equipped, and insufficiently prepared for
day-to-day operations and response to major disasters.
(6) There are more than 6,000 Public Safety Answering
Points that receive 9-1-1 calls.
(7) These Public Safety Answering Points are often operated
by police departments, fire departments, city or county
governments, or other local entities, which makes attempts to
coordinate efforts between locations very difficult.
(8) Regionalized, accountable systems of emergency care
show substantial promise in improving the day-to-day system-
wide coordination essential to assure that Public Safety
Answering Points, emergency medical services organizations,
public safety agencies, public health agencies, medical
facilities, and others coordinate their activities to ensure
that patients receive the appropriate care at the scene, are
transported to the most appropriate facility in the shortest
time, and receive excellent care at the destination medical
facility.
(9) Regionalized, accountable systems of emergency care
also show promise in management of the special problems of
disaster preparation and response, including management of
patient surge, tracking of patients, and coordination and
allocation of medical resources.
(10) While there are potentially substantial benefits to be
derived from regionalized, accountable emergency care systems,
little is known about the most effective and efficient methods
of regional emergency care system development.
(b) Purposes.--The purposes of this Act are to design, implement,
and evaluate regionalized, comprehensive, and accountable systems of
emergency care that--
(1) support and improve the day-to-day operations and
coordination of a regional emergency medical care system;
(2) increase disaster preparedness and medical surge
capacity;
(3) include different models of regionalized emergency care
systems, including models for urban and rural communities;
(4) can be implemented by private or public entities; and
(5) meet quality and accountability standards for the
operation of emergency care systems and the impact of such
systems on patient outcomes.
SEC. 3. DESIGN AND IMPLEMENTATION OF REGIONALIZED SYSTEMS FOR EMERGENCY
CARE.
Part B of title III of the Public Health Service Act (42 U.S.C. 243
et seq.) is amended by inserting after section 314 the following:
``SEC. 315. REGIONALIZED COMMUNICATION SYSTEMS FOR EMERGENCY CARE
RESPONSE.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Preparedness and Response, shall award not fewer than 4
multiyear contracts or competitive grants to eligible entities to
support demonstration programs that design, implement, and evaluate
innovative models of regionalized, comprehensive, and accountable
emergency care systems.
``(b) Eligible Entity; Region.--
``(1) Eligible entity.--In this section, the term `eligible
entity' means a State or a partnership of 1 or more States and
1 or more local governments.
``(2) Region.--In this section, the term `region' means an
area within a State, an area that lies within multiple States,
or a similar area (such as a multicounty area), as determined
by the Secretary.
``(c) Demonstration Program.--The Secretary shall award a contract
or grant under subsection (a) to an eligible entity that proposes a
demonstration program to design, implement, and evaluate an emergency
medical system that--
``(1) coordinates with public safety services, public
health services, emergency medical services, medical
facilities, and other entities within a region;
``(2) coordinates an approach to emergency medical system
access throughout the region, including 9-1-1 Public Safety
Answering Points and emergency medical dispatch;
``(3) includes a mechanism, such as a regional medical
direction or transport communications system, that operates
throughout the region to ensure that the correct patient is
taken to the medically appropriate facility (whether an initial
facility or a higher-level facility) in a timely fashion;
``(4) allows for the tracking of prehospital and hospital
resources, including inpatient bed capacity, emergency
department capacity, on-call specialist coverage, ambulance
diversion status, and the coordination of such tracking with
regional communications and hospital destination decisions; and
``(5) includes a consistent region-wide prehospital,
hospital, and interfacility data management system that--
``(A) complies with the National EMS Information
System, the National Trauma Data Bank, and others;
``(B) reports data to appropriate Federal and State
databanks and registries; and
``(C) contains information sufficient to evaluate
key elements of prehospital care, hospital destination
decisions, including initial hospital and interfacility
decisions, and relevant outcomes of hospital care.
``(d) Application.--
``(1) In general.--An eligible entity that seeks a contract
or grant described in subsection (a) shall submit to the
Secretary an application at such time and in such manner as the
Secretary may require.
``(2) Application information.--Each application shall
include--
``(A) an assurance from the eligible entity that
the proposed system--
``(i) has been coordinated with the
applicable State Office of Emergency Medical
Services (or equivalent State office);
``(ii) is compatible with the applicable
State emergency medical services system;
``(iii) includes consistent indirect and
direct medical oversight of prehospital,
hospital, and interfacility transport
throughout the region;
``(iv) coordinates prehospital treatment
and triage, hospital destination, and
interfacility transport throughout the region;
``(v) includes a categorization or
designation system for special medical
facilities throughout the region that is--
``(I) consistent with State laws
and regulations; and
``(II) integrated with the
protocols for transport and destination
throughout the region; and
``(vi) includes a regional medical
direction system, a patient tracking system,
and a resource allocation system that--
``(I) support day-to-day emergency
care system operation;
``(II) can manage surge capacity
during a major event or disaster; and
``(III) are integrated with other
components of the national and State
emergency preparedness system; and
``(B) such other information as the Secretary may
require.
``(e) Priority.--The Secretary shall give priority for the award of
the contracts or grants described subsection (a) to any eligible entity
that serves a population in a medically underserved area (as defined in
section 330(b)(3)).
``(f) Report.--Not later than 90 days after the completion of a
demonstration program under subsection (a), the recipient of such
contract or grant described in shall submit to the Secretary a report
containing the results of an evaluation of the program, including an
identification of--
``(1) the impact of the regional, accountable emergency
care system on patient outcomes for various critical care
categories, such as trauma, stroke, cardiac emergencies, and
pediatric emergencies;
``(2) the system characteristics that contribute to the
effectiveness and efficiency of the program (or lack thereof);
``(3) methods of assuring the long-term financial
sustainability of the emergency care system;
``(4) the State and local legislation necessary to
implement and to maintain the system; and
``(5) the barriers to developing regionalized, accountable
emergency care systems, as well as the methods to overcome such
barriers.
``(g) Dissemination of Findings.--The Secretary shall, as
appropriate, disseminate to the public and to the appropriate
Committees of the Congress, the information contained in a report made
under subsection (f).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $12,000,000 for each of fiscal
years 2008 through 2013.''.
SEC. 4. SUPPORT FOR EMERGENCY MEDICINE RESEARCH.
Part H of title IV of the Public Health Service Act (42 U.S.C. 289
et seq.) is amended by inserting after the section 498C the following:
``SEC. 498D. SUPPORT FOR EMERGENCY MEDICINE RESEARCH.
``(a) Emergency Medical Research.--The Secretary shall support
Federal programs administered by the National Institutes of Health, the
Agency for Healthcare Research and Quality, the Health Resources and
Services Administration, the Centers for Disease Control and
Prevention, and other agencies involved in improving the emergency care
system to expand and accelerate research in emergency medical care
systems and emergency medicine, including--
``(1) the basic science of emergency medicine;
``(2) the model of service delivery and the components of
such models that contribute to enhanced patient outcomes;
``(3) the translation of basic scientific research into
improved practice; and
``(4) the development of timely and efficient delivery of
health services.
``(b) Impact Research.--The Secretary shall support research to
determine the estimated economic impact of, and savings that result
from, the implementation of coordinated emergency care systems.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2008 through 2013.''. | Improving Emergency Medical Care and Response Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting though the Assistant Secretary for Preparedness and Response, to award contracts or competitive grants to support demonstration programs that design, implement, and evaluate innovative models of regionalized, comprehensive, and accountable emergency care systems. Requires the Secretary to give priority to entities that serve a population in a medically underserved area.
Directs the Secretary to: (1) support federal programs involved in improving the emergency care system to expand and accelerate research in emergency medical care systems and emergency medicine; and (2) support research to determine the estimated economic impact of, and savings that result from, the implementation of coordinated emergency care systems. | {"src": "billsum_train", "title": "A bill to amend the Public Health Service Act to establish demonstration programs on regionalized systems for emergency care, to support emergency medicine research, and for other purposes."} | 2,221 | 158 | 0.457954 | 1.248578 | 0.521502 | 5.744828 | 14.703448 | 0.958621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Children with Autism
through Education Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Autism is widely recognized as an urgent national
healthcare crisis. According to the Centers for Disease Control
and Prevention, the prevalence rate of autism is 0.75 percent,
or one in every 150 children born today.
(2) Based on statistics from the Department of Education
and other governmental agencies, autism is growing at the rate
of ten to 17 percent per year. At this rate, the estimates of
the prevalence of autism could reach 4,000,000 Americans in the
next decade.
(3) While no known cure for autism exists, the general
agreement is that early diagnosis followed by appropriate
intervention can improve outcomes for later years for most
children with autism.
(4) The National Council on Disability reported that
students with autism should be provided with the opportunities
and encouragement necessary to achieve the same general
outcomes that are viewed as essential for all students.
However, the special characteristics of students with autism
indicate certain outcomes that require increased emphasis. In
particular, educational programs for these individuals should
include as objectives the development of social competence and
independence in the performance of life skills.
(5) The limited access to successful evidence-based
services for children with autism is a major impediment to the
implementation of quality services in public schools. Without
these programs, successful interventions are not provided as
part of a child's Individualized Education Program (IEP). As a
result, individuals and families who wish to access services
are often only able to do so through incurring significant non-
reimbursable costs.
(6) The Individuals with Disabilities Education Act (IDEA)
guarantees a continuum of education and service options in the
least restrictive environment for students with disabilities.
However, meeting these requirements is challenging because many
regular educators do not have education or practical experience
with instruction of children with autism, and even experienced
special education teachers may need additional preparation to
work effectively with students who have autism.
SEC. 3. DEFINITIONS.
In this Act:
(1) Autism.--The term ``autism'' means an autism spectrum
disorder or a related developmental disability that is the
result of a neurological disorder affecting the normal
functioning of the brain and impacting development in the areas
of social interaction and communication skills.
(2) Cost-effectiveness.--The term ``cost-effectiveness''
describes an alternative that effectively balances costs and
benefits delivering maximum benefits for the investment costs.
(3) Evidence-based.--The term ``evidence-based'' means
research that applies rigorous, systematic, and objective
procedures to obtain valid knowledge relevant to autism
instruction, and includes research that employs experimental,
quasi-experimental, and qualitative research methods involving
rigorous data analyses that are adequate to test the stated
hypotheses and justify the general conclusions drawn.
(4) Intervention.--The term ``intervention'' means the
application of a structured, individualized approach to skill-
development for children with autism.
(5) Learning models.--The term ``learning models'' means
any complimentary learning techniques designed to improve
classroom learning for students with autism, incorporating
curricula, courses, lessons, books, and workbooks.
(6) Professional development needs.--The term
``professional development needs'' means job-embedded, ongoing
professional development that helps teachers, administrators,
and school leaders identify the potential indicators of autism,
and implement proven strategies to improve the quality of
learning for individuals with autism.
(7) Promising best practices.--The term ``promising best
practices'' means any technique, method, process, activity,
incentive, or reward with demonstrated success in the learning
environment.
(8) Services.--The term ``services'' means any
complementary interventions or therapies done on an individual
basis or integrated into an educational program, in an effort
to help increase communication skills, develop social
interaction, promote pro-social behavior, increase academic
achievement, and provide a sense of accomplishment.
(9) State.--The term ``State'' means any of the 50 States,
the District of Columbia, and Puerto Rico.
(10) Task force.--The term ``Task Force'' means the
Empowering Children with Autism through Education Task Force
established by the Secretary of Education under section 4(a).
SEC. 4. ESTABLISHMENT OF TASK FORCE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Education shall establish a
task force to be known as the Empowering Children with Autism through
Education Task Force.
(b) Purpose.--The purpose of the Task Force is to identify and
disseminate evidence-based educational strategies and promising best
practices to improve the quality of learning for individuals with
autism in grades K-12, including the following:
(1) Learning models, interventions, and services that
demonstrate improvements in reading, writing, and math
proficiency for individuals with autism.
(2) The cost-effectiveness of these learning models,
interventions, and services, and their applicability for local
education agencies.
(3) Professional development needs of educators who serve
individuals with autism.
(4) Methods for incorporating State-, local- and community-
based programs and services into the classroom to provide
comprehensive support for individuals with autism.
(5) Identification of barriers to successful implementation
of programs and services related to the education of and
provision of services to children with autism and
recommendations to address those barriers.
(6) Dissemination of findings to Congress, all relevant
agencies, and States and United States territories to improve
the quality of learning for individuals with autism.
SEC. 5. MEMBERSHIP OF TASK FORCE.
(a) Composition.--The Task Force shall be composed of not fewer
than 20 members who meet quarterly, of whom--
(1) four shall be appointed by the Secretary of Education;
(2) four shall be appointed by the Secretary of Education
from among persons recommended by the National Institutes of
Health;
(3) four shall be appointed by the Secretary of Education
from among persons recommended by the National Council on
Disability;
(4) four shall be appointed by the Secretary of Education
from among persons recommended by organizations that advocate
for individuals with autism and their families; and
(5) four shall be appointed by the Secretary of Education
from among persons recommended by State education agencies to
represent school districts.
(b) Expertise.--The Secretary shall ensure that the Task Force
includes at minimum--
(1) special education professionals with expertise in
autism, general education teachers, and teachers with
experience developing and implementing classroom learning
models for students with autism;
(2) healthcare providers with expertise in treating
children with autism, including at least one speech language
pathologist;
(3) individuals with autism, families affected by autism,
and members of organizations that advocate for individuals with
autism and their families, whose representation on the Task
Force shall not be less than one-fourth of all members; and
(4) health or education economists or other individuals
with expertise in cost-benefit analysis and health or education
policy.
SEC. 6. REPORTING REQUIREMENTS.
(a) Submission.--
(1) In general.--Not later than 27 months after the date of
the enactment of this Act, the Task Force shall submit to
Congress, the Secretary of Education, and the National
Institutes of Health a report detailing its findings under
section 4(b).
(2) Guidance to states.--Not later than 27 months after the
date of the enactment of this Act, the Secretary of Education,
in conjunction with the heads of relevant agencies, shall
disseminate to the relevant departments of each State and of
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands the report of the
Task Force under paragraph (1) with the purpose of providing
practical guidance to improve the quality of learning for
individuals with autism in grades K-12.
(b) Contents of Report.--The report submitted by the Task Force
under subsection (a)(1) shall include--
(1) measures taken to identify evidence-based learning
models, interventions and services, and promising best
practices, for improving the quality of learning for
individuals with autism in grades K-12, including steps taken
to ensure the participation of individuals with autism, their
families, and their advocates;
(2) recommendations of learning models, interventions,
services, and promising best practices most applicable, cost-
effective, and likely to raise proficiency in reading, writing,
and math for individuals with autism in grades K-12;
(3) assessment of existing professional development
programs for educators who work with students with autism, and
recommendations for expanding professional development programs
to meet the growing need for qualified educators specializing
in classroom instruction for individuals with autism in grades
K-12, including--
(A) institutional limitations;
(B) considerations of existing continuing education
or professional development requirements;
(C) considerations of costs to educators associated
with professional development; and
(D) quantitative analysis of resources needed for
the establishment of State autism plans, provisions for
professional development, and the integration of
community services; and
(4) overview of the States' and local school districts'
capacity to overcome barriers to successful development,
enhancement and implementation of programs and services for
improving the quality of education for individuals with autism
in grades K-12, including--
(A) school-, district-, and State-wide
institutional limitations;
(B) categorical comparisons between regions, urban
and rural areas, socio-economic groups, and ethnic
groups; and
(C) quantitative analysis of resources needed for
the establishment of district-wide autism plans, the
purchase of new learning materials, increased
performance on State assessments, improved graduation
rates, and the implementation of learning models,
interventions, services, and promising best practices
most likely to raise proficiency in reading, writing,
and math for individuals with autism in grades K-12. | Empowering Children with Autism through Education Act of 2007 - Requires the Secretary of Education to establish the Empowering Children with Autism through Education Task Force to identify and disseminate evidence-based educational strategies and promising best practices to improve the quality of learning for individuals with autism in grades K-12, including regarding: (1) learning models, interventions, and services that demonstrate improvements in reading, writing, and math proficiency; (2) the cost-effectiveness of these learning models, interventions, and services, and their applicability for local education agencies; (3) professional development needs of educators; (4) methods for incorporating state-, local- and community-based programs and services into the classroom to provide comprehensive support; (5) identification of barriers to successful implementation of programs and services and recommendations to address those barriers; and (6) dissemination of findings to Congress, all relevant agencies, and states and U.S. territories to improve the quality of learning for individuals with autism. | {"src": "billsum_train", "title": "To require the establishment of a task force to identify and disseminate evidence-based educational strategies and promising best practices to improve the quality of learning for individuals with autism in grades K-12."} | 2,079 | 200 | 0.560795 | 1.680047 | 0.942556 | 7.478495 | 11.129032 | 0.983871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America Bonds Act of 2013''.
SEC. 2. BUILD AMERICA BONDS MADE PERMANENT.
(a) In General.--Subparagraph (B) of section 54AA(d)(1) of the
Internal Revenue Code of 1986 is amended by inserting ``or during a
period beginning on or after the date of the enactment of the Build
America Bonds Act of 2013,'' after ``January 1, 2011,''.
(b) Reduction in Credit Percentage to Bondholders.--Subsection (b)
of section 54AA of such Code is amended to read as follows:
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any interest payment date
for a build America bond is the applicable percentage of the
amount of interest payable by the issuer with respect to such
date.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage shall be determined under the
following table:
``In the case of a bond issued The applicable
during calendar year: percentage is:
2009 or 2010........................................... 35
2013................................................... 32
2014................................................... 31
2015................................................... 30
2016................................................... 29
2017 and thereafter.................................... 28.''.
(c) Extension of Payments to Issuers.--
(1) In general.--Section 6431 of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2013,'' after ``January 1, 2011,'' in
subsection (a), and
(B) by striking ``before January 1, 2011'' in
subsection (f)(1)(B) and inserting ``during a
particular period''.
(2) Conforming amendments.--Subsection (g) of section 54AA
of such Code is amended--
(A) by inserting ``or during a period beginning on
or after the date of the enactment of the Build America
Bonds Act of 2013,'' after ``January 1, 2011,'', and
(B) by striking ``Qualified Bonds Issued Before
2011'' in the heading and inserting ``Certain Qualified
Bonds''.
(d) Reduction in Percentage of Payments to Issuers.--Subsection (b)
of section 6431 of such Code is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary'',
(2) by striking ``35 percent'' and inserting ``the
applicable percentage'', and
(3) by adding at the end the following new paragraph:
``(2) Applicable percentage.--For purposes of this
subsection, the term `applicable percentage' means the
percentage determined in accordance with the following table:
``In the case of a qualified bond The applicable
issued during calendar year: percentage is:
2009 or 2010........................................... 35
2013................................................... 32
2014................................................... 31
2015................................................... 30
2016................................................... 29
2017 and thereafter.................................... 28.''.
(e) Current Refundings Permitted.--Subsection (g) of section 54AA
of such Code is amended by adding at the end the following new
paragraph:
``(3) Treatment of current refunding bonds.--
``(A) In general.--For purposes of this subsection,
the term `qualified bond' includes any bond (or series
of bonds) issued to refund a qualified bond if--
``(i) the average maturity date of the
issue of which the refunding bond is a part is
not later than the average maturity date of the
bonds to be refunded by such issue,
``(ii) the amount of the refunding bond
does not exceed the outstanding amount of the
refunded bond, and
``(iii) the refunded bond is redeemed not
later than 90 days after the date of the
issuance of the refunding bond.
``(B) Applicable percentage.--In the case of a
refunding bond referred to in subparagraph (A), the
applicable percentage with respect to such bond under
section 6431(b) shall be the lowest percentage
specified in paragraph (2) of such section.
``(C) Determination of average maturity.--For
purposes of subparagraph (A)(i), average maturity shall
be determined in accordance with section 147(b)(2)(A).
``(D) Issuance restriction not applicable.--
Subsection (d)(1)(B) shall not apply to a refunding
bond referred to in subparagraph (A).''.
(f) Clarification Related to Levees and Flood Control Projects.--
Subparagraph (A) of section 54AA(g)(2) of such Code is amended by
inserting ``(including capital expenditures for levees and other flood
control projects)'' after ``capital expenditures''.
(g) Gross-Up of Payment to Issuers in Case of Sequestration.--In
the case of any payment under section 6431(b) of the Internal Revenue
Code of 1986 made after the date of the enactment of this Act to which
sequestration applies, the amount of such payment shall be increased to
an amount equal to--
(1) such payment (determined before such sequestration),
multiplied by
(2) the quotient obtained by dividing 1 by the amount by
which 1 exceeds the percentage reduction in such payment
pursuant to such sequestration.
For purposes of this subsection, the term ``sequestration'' means any
reduction in direct spending ordered in accordance with a sequestration
report prepared by the Director of the Office and Management and Budget
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 or the Statutory Pay-As-You-Go Act of 2010.
(h) Effective Date.--The amendments made by this section shall
apply to obligations issued on or after the date of the enactment of
this Act. | Build America Bonds Act of 2013 - Amends the Internal Revenue Code to: (1) make permanent the issuance authority for Build America Bonds and the authority for payments to issuers of such bonds, (2) make phased reductions in the credit percentage to bondholders and the percentage of payments to issuers of such bonds, (3) allow refundings of currently issued bonds, and (4) allow the use of Build America bonds to fund capital expenditures for levees and flood control projects. Provides for an increase in payments to issuers of Build America bonds to compensate for reductions in the amount of such payments due to sequestration. | {"src": "billsum_train", "title": "Build America Bonds Act of 2013"} | 1,385 | 146 | 0.486436 | 1.214537 | 0.617089 | 1.923077 | 10.188034 | 0.82906 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kate Mullany National Historic Site
Designation Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Kate Mullany House in Troy, New York, is listed on
the National Register of Historic Places and has been
designated as a National Historic Landmark;
(2) the National Historic Landmark Theme Study on American
Labor History concluded that the Kate Mullany House appears to
meet the criteria of national significance, suitability, and
feasibility for inclusion in the National Park System;
(3) the city of Troy, New York--
(A) played an important role in the development of
the collar and cuff industry and the iron industry in
the 19th century and in the development of early men's
and women's worker and cooperative organizations; and
(B) was the home of the first women's labor union,
led by Irish immigrant Kate Mullany;
(4) the city of Troy, New York, has entered into a
cooperative arrangement with 6 neighboring cities, towns, and
villages to create the Hudson-Mohawk Urban Cultural Park
Commission to manage the valuable historic resources in the
area, and the area within those municipalities has been
designated by the State of New York as a heritage area to
represent industrial development and labor themes in the
development of the State;
(5) the area, known as the ``Hudson-Mohawk Urban Cultural
Park'' or ``RiverSpark'', has been a pioneer in the development
of partnership parks in which intergovernmental and public and
private partnerships bring about the conservation of the area's
heritage and the attainment of goals for preservation,
education, recreation, and economic development; and
(6) establishment of the Kate Mullany National Historic
Site and cooperative efforts between the National Park Service
and the Hudson-Mohawk Urban Cultural Park Commission will--
(A) provide opportunities for the illustration and
interpretation of important themes of the heritage of
the United States; and
(B) provide unique opportunities for education,
public use, and enjoyment.
(b) Purposes.--The purposes of this Act are--
(1) to preserve and interpret the nationally significant
home of Kate Mullany for the benefit, inspiration, and
education of the people of the United States; and
(2) to interpret the connection between immigration and the
industrialization of the United States, including the history
of Irish immigration, women's history, and worker history.
SEC. 3. DEFINITIONS.
In this Act:
(1) Historic site.--The term ``historic site'' means the
Kate Mullany National Historic Site established by section 4.
(2) Plan.--The term ``plan'' means the general management
plan developed under section 6(d).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. ESTABLISHMENT OF KATE MULLANY NATIONAL HISTORIC SITE.
(a) Establishment.--There is established as a unit of the National
Park System the Kate Mullany National Historic Site in the State of New
York.
(b) Description.--The historic site shall consist of the home of
Kate Mullany, comprising approximately .05739 acre, located at 350
Eighth Street in Troy, New York, as generally depicted on the map
entitled __________ and dated ____________.
SEC. 5. ACQUISITION OF PROPERTY.
(a) Real Property.--The Secretary may acquire land and interests in
land within the boundaries of the historic site and ancillary real
property for parking or interpretation, as necessary and appropriate
for management of the historic site.
(b) Personal Property.--The Secretary may acquire personal property
associated with, and appropriate for, the interpretation of the
historic site.
(c) Means.--An acquisition of real property or personal property
may be made by donation, purchase from a willing seller with donated or
appropriated funds, or exchange.
SEC. 6. ADMINISTRATION OF HISTORIC SITE.
(a) In General.--The Secretary shall administer the historic site
in accordance with this Act and the law generally applicable to units
of the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1 et seq.), and the Act entitled ``An Act to
provide for the preservation of historic American sites, buildings,
objects, and antiquities of national significance, and for other
purposes'', approved August 21, 1935 (16 U.S.C. 461 et seq.).
(b) Cooperative Agreements.--In carrying out this Act, the
Secretary may consult with and enter into cooperative agreements with
the State of New York, the Hudson-Mohawk Urban Cultural Park
Commission, and other public and private entities to facilitate public
understanding and enjoyment of the life and work of Kate Mullany
through the development, presentation, and funding of exhibits and
other appropriate activities related to the preservation,
interpretation, and use of the historic site and related historic
resources.
(c) Exhibits.--The Secretary may display, and accept for the
purposes of display, items associated with Kate Mullany, as may be
necessary for the interpretation of the historic site.
(d) General Management Plan.--
(1) In general.--Not later than 2 full fiscal years after
the date of enactment of this Act, the Secretary shall--
(A) develop a general management plan for the
historic site; and
(B) submit the plan to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(2) Contents.--The plan shall include recommendations for
regional wayside exhibits to be carried out through cooperative
agreements with the State of New York and other public and
private entities.
(3) Requirements.--The plan shall be prepared in accordance
with section 12(b) of the Act entitled ``An Act to improve the
administration of the national park system by the Secretary of
the Interior, and to clarify the authorities applicable to the
system, and for other purposes'', approved August 18, 1970 (16
U.S.C 1a et seq.).
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Kate Mullany National Historic Site Designation Act - Establishes the Kate Mullany National Historic Site in New York State.
Requires the Secretary of the Interior to develop and submit to specified congressional committees a general management plan for the Site.
Authorizes appropriations. | {"src": "billsum_train", "title": "Kate Mullany National Historic Site Designation Act"} | 1,401 | 61 | 0.513737 | 1.520808 | 0.095804 | 3.170213 | 27.574468 | 0.87234 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Weatherization
Enhancement, and Local Energy Efficiency Investment and Accountability
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
Sec. 101. Reauthorization of weatherization assistance program.
Sec. 102. Grants to eligible multistate housing and energy nonprofit
organizations.
Sec. 103. Quality assurance program.
TITLE II--STATE ENERGY PROGRAMS
Sec. 201. Reauthorization of State energy programs.
SEC. 2. FINDINGS.
Congress finds that--
(1) the State energy program established under part D of
title III of the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.) (referred to in this section as ``SEP'') and the
Weatherization Assistance Program for Low-Income Persons
established under part A of title IV of the Energy Conservation
and Production Act (42 U.S.C. 6861 et seq.) (referred to in
this section as ``WAP'') have proven to be beneficial, long-
term partnerships among Federal, State, and local partners;
(2) the SEP and the WAP have been reauthorized on a
bipartisan basis over many years to address changing national,
regional, and State circumstances and needs, especially
through--
(A) the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.);
(B) the Energy Conservation and Production Act (42
U.S.C. 6801 et seq.);
(C) the State Energy Efficiency Programs
Improvement Act of 1990 (Public Law 101-440; 104 Stat.
1006);
(D) the Energy Policy Act of 1992 (42 U.S.C. 13201
et seq.);
(E) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.); and
(F) the Energy Independence and Security Act of
2007 (42 U.S.C. 17001 et seq.);
(3) the SEP, also known as the ``State energy conservation
program''--
(A) was first created in 1975 to implement a State-
based, national program in support of energy
efficiency, renewable energy, economic development,
energy emergency preparedness, and energy policy; and
(B) has come to operate in every sector of the
economy in support of the private sector to improve
productivity and has dramatically reduced the cost of
government through energy savings at the State and
local levels;
(4) Federal laboratory studies have concluded that, for
every Federal dollar invested through the SEP, more than $7 is
saved in energy costs and almost $11 in non-Federal funds is
leveraged;
(5) the WAP--
(A) was first created in 1976 to assist low-income
families in response to the first oil embargo;
(B) has become the largest residential energy
conservation program in the United States, with more
than 7,100,000 homes weatherized since the WAP was
created;
(C) saves an estimated 35 percent of consumption in
the typical weatherized home, yielding average annual
savings of $437 per year in home energy costs;
(D) has created thousands of jobs in both the
construction sector and in the supply chain of
materials suppliers, vendors, and manufacturers who
supply the WAP;
(E) returns $2.51 in energy savings for every
Federal dollar spent in energy and nonenergy benefits
over the life of weatherized homes;
(F) serves as a foundation for residential energy
efficiency retrofit standards, technical skills, and
workforce training for the emerging broader market and
reduces residential and power plant emissions of carbon
dioxide by 2.65 metric tons each year per home; and
(G) has decreased national energy consumption by
the equivalent of 24,100,000 barrels of oil annually;
(6) the WAP can be enhanced with the addition of a targeted
portion of Federal funds through an innovative program that
supports projects performed by qualified nonprofit
organizations that have a demonstrated capacity to build,
renovate, repair, or improve the energy efficiency of a
significant number of low-income homes;
(7) the WAP has increased energy efficiency opportunities
by promoting new, competitive public-private sector models of
retrofitting low-income homes through new Federal partnerships;
(8) improved monitoring and reporting of the work product
of the WAP has yielded benefits, and expanding independent
verification of efficiency work will support the long-term
goals of the WAP;
(9) reports of the Government Accountability Office in
2011, Inspector General of the Department of Energy, and State
auditors have identified State-level deficiencies in monitoring
efforts that can be addressed in a manner that will ensure that
WAP funds are used more effectively;
(10) through the history of the WAP, the WAP has evolved
with improvements in efficiency technology, including, in the
1990s, many States adopting advanced home energy audits, which
has led to great returns on investment; and
(11) as the home energy efficiency industry has become more
performance-based, the WAP should continue to use those
advances in technology and the professional workforce.
TITLE I--WEATHERIZATION ASSISTANCE PROGRAM
SEC. 101. REAUTHORIZATION OF WEATHERIZATION ASSISTANCE PROGRAM.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended by striking ``appropriated--'' and all that
follows through the period at the end and inserting ``appropriated
$450,000,000 for each of fiscal years 2016 through 2020.''.
SEC. 102. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS.
The Energy Conservation and Production Act is amended by inserting
after section 414B (42 U.S.C. 6864b) the following:
``SEC. 414C. GRANTS TO ELIGIBLE HOUSING AND NONPROFIT ORGANIZATIONS.
``(a) Purposes.--The purposes of this section are--
``(1) to expand the number of low-income, single-family and
multifamily homes that receive energy efficiency retrofits;
``(2) to promote innovation and new models of retrofitting
low-income homes through new Federal partnerships with covered
organizations that leverage donations, donated materials,
volunteer labor, homeowner labor equity, and other private
sector resources;
``(3) to assist the covered organizations in demonstrating,
evaluating, improving, and replicating widely the model low-
income energy retrofit programs of the covered organizations;
and
``(4) to ensure that the covered organizations make the
energy retrofit projects undertaken by the covered
organizations with awarded funds self-sustaining by the time
grant funds have been expended.
``(b) Definition.--In this section, the term `covered organization'
means an organization that--
``(1) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from taxation under 501(a) of
that Code; and
``(2) has an established record of constructing,
renovating, repairing, or making energy efficient an aggregate
quantity of not less than 250 owner-occupied, single-family or
multifamily homes for low-income households, either directly or
through affiliates, chapters, or other direct partners (using
the most recent year for which data are available).
``(c) In General.--The Secretary shall make grants to covered
organizations through a national competitive process for use in
accordance with this section.
``(d) Award Factors.--In making grants under this section, the
Secretary shall consider--
``(1) the number of low-income homes the applicant--
``(A) has built, renovated, repaired, or made more
energy efficient as of the date of the application; and
``(B) can reasonably be projected to build,
renovate, repair, or make energy efficient during the
grant period beginning on the date of the application;
``(2) the qualifications, experience, and past performance
of the applicant, including experience successfully managing
and administering Federal funds;
``(3) the number and diversity of States, communities, and
climates in which the applicant works and the diversity of
housing types requiring weatherization as of the date of the
application;
``(4) the amount of non-Federal funds, donated or
discounted materials, discounted or volunteer skilled labor,
volunteer unskilled labor, homeowner labor equity, and other
resources the applicant will provide;
``(5) the extent to which the applicant could successfully
replicate the proposed energy retrofit project and sustain the
project after the grant funds have been expended; and
``(6) such other factors as the Secretary determines to be
appropriate.
``(e) Applications.--
``(1) In general.--Not later than 120 days after the date
of enactment of this section, the Secretary shall solicit
proposals from covered organizations.
``(2) Administration.--To be eligible to receive a grant
under this section, an applicant shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(3) Awards.--Not later than 90 days after the closing
date established by the Secretary for receipt of proposals, the
Secretary shall award grants under this section.
``(f) Eligible Uses of Grant Funds.--A grant under this section may
be used to--
``(1) conduct energy efficiency audits;
``(2) perform cost-effective retrofit and related
weatherization activities, including purchase of energy
efficient materials and supplies;
``(3) conduct training activities and provide ongoing
technical assistance;
``(4) provide information to homeowners on proper
maintenance and energy savings behaviors;
``(5) conduct data collection, measurement, and
verification activities to facilitate program monitoring,
oversight, evaluation, and reporting;
``(6) manage and administer the grant (up to a maximum of
10 percent of the total grant); and
``(7) obtain and conduct such other materials and
activities as the Secretary determines to be appropriate.
``(g) Maximum Amount.--The amount of a grant provided under this
section shall not exceed $5,000,000.
``(h) Guidelines.--
``(1) In general.--Not later than 60 days after the date of
enactment of this section, the Secretary shall issue guidelines
to implement the grant program established under this section.
``(2) Administration.--The guidelines shall establish--
``(A) criteria for allowable expenditures;
``(B) a methodology to determine a minimum energy
savings-to-investment ratio;
``(C) criteria for--
``(i) the conduct of weatherization
training programs;
``(ii) the conduct of energy audits and
program activities;
``(iii) the conduct of project monitoring
activities; and
``(iv) the use of methodologies to verify
energy and cost savings;
``(D) liability insurance requirements; and
``(E) recordkeeping requirements, which shall
include reporting to the Office of Weatherization and
Intergovernmental Programs of the Department of Energy
applicable data on each home retrofitted.
``(i) Review and Evaluation.--The Secretary shall review and
evaluate the performance of any covered organization that receives a
grant under this section (which may include an audit), as determined by
the Secretary.
``(j) Compliance With State and Local Law.--Nothing in this section
or any program carried out using a grant provided under this section
supersedes or otherwise affects any State or local law, to the extent
that the State or local law contains a requirement that is more
stringent than the applicable requirement of this section.
``(k) Annual Reports.--The Secretary shall submit to Congress
annual reports that provide a description of energy and cost savings
achieved and actions taken under this section.
``(l) Funding.--Of the funds made available to carry out this part
for each of fiscal years 2016 through 2020 under section 422, the
Secretary shall make available to carry out this section--
``(1) 2 percent of the amount if less than $225,000,000 is
available;
``(2) 5 percent of the amount if $225,000,000 or more but
less than $260,000,000 is available;
``(3) 10 percent of the amount if $260,000,000 or more but
less than $400,000,000 is available; and
``(4) 20 percent of the amount if $400,000,000 or more is
available.''.
SEC. 103. QUALITY ASSURANCE PROGRAM.
Section 415 of the Energy Conservation and Production Act (42
U.S.C. 6865) is amended by adding at the end the following:
``(f) Quality Assurance Program.--
``(1) Contractor qualification.--Effective beginning
January 1, 2016, to be eligible to carry out weatherization
using funds made available under this part, a contractor shall
be selected through a competitive bidding process and be--
``(A) accredited by the Building Performance
Institute;
``(B) an Energy Smart Home Performance Team
accredited under the Residential Energy Services
Network; or
``(C) accredited by an equivalent accreditation or
program accreditation-based State certification program
approved by the Secretary.
``(2) Grants to nonprofit organizations.--
``(A) In general.--To be eligible to receive a
grant under section 414C, a covered organization (as
defined in section 414C(b)) shall use a crew chief
who--
``(i) is certified or accredited in
accordance with paragraph (1); and
``(ii) supervises the work performed with
grant funds.
``(B) Volunteer labor.--A volunteer who performs
work for a covered organization that receives a grant
under section 414C shall not be required to be
certified under this subsection if the volunteer is not
directly installing or repairing mechanical equipment
or other items that require skilled labor.
``(3) Minimum efficiency standards.--Effective beginning
October 1, 2016, the Secretary shall ensure that--
``(A) each retrofit for which weatherization
assistance is provided under this part meets minimum
efficiency and quality of work standards established by
the Secretary after weatherization of a dwelling unit;
``(B) at least 10 percent of such dwelling units
are randomly inspected by a third party accredited as
described in paragraph (1) (A) through (C) to ensure
compliance with the minimum efficiency and quality of
work standards established under subparagraph (A); and
``(C) the standards established under this
subsection meet or exceed the industry standards for
home performance work that are in effect on the date of
enactment of this subsection, as determined by the
Secretary.''.
TITLE II--STATE ENERGY PROGRAMS
SEC. 201. REAUTHORIZATION OF STATE ENERGY PROGRAMS.
Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C.
6325(f)) is amended by striking ``$125,000,000 for each of fiscal years
2007 through 2012'' and inserting ``$75,000,000 for each of fiscal
years 2016 through 2020''. | Weatherization Enhancement and Local Energy Efficiency Investment and Accountability Act This bill amends the Energy Conservation and Production Act to reauthorize the Weatherization Assistance Program for low-income persons through FY2020. The Department of Energy (DOE) must make competitive grants to qualified tax-exempt charitable organizations for energy efficiency retrofits of low-income homes. The grants may be used for single-family and multifamily housing. Contractors carrying out weatherization with funds under the bill must be selected through a competitive bidding process and be accredited as specified by this bill. In order to receive a grant, organizations must use a crew chief who is certified or accredited as required by this bill. Beginning on October 1, 2016, DOE must ensure that: (1) each retrofit for which weatherization assistance is provided meets minimum efficiency and quality of work standards, (2) at least 10% of the dwelling units are randomly inspected by an accredited third party to ensure compliance with the standards, and (3) the standards meet or exceed the current industry standards for home performance work. The bill amends the Energy Policy and Conservation Act to reauthorize the program for state energy conservation plans through FY2020. | {"src": "billsum_train", "title": "Weatherization Enhancement, and Local Energy Efficiency Investment and Accountability Act"} | 3,340 | 241 | 0.508475 | 1.514807 | 0.73925 | 3.035874 | 13.964126 | 0.874439 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Election
Simplification Act''.
SEC. 2. EXTENSION OF TIME FOR MAKING S CORPORATION ELECTIONS.
(a) In General.--Subsection (b) of section 1362 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(b) When Made.--
``(1) Rules for new corporations.--Except as provided in
paragraph (2)--
``(A) In general.--An election under subsection (a)
may be made by a small business corporation for any
taxable year at any time during the period--
``(i) beginning on the first day of the
taxable year for which made, and
``(ii) ending on the due date (with
extensions) for filing the return for the
taxable year.
``(B) Certain elections treated as made for next
taxable year.--If--
``(i) an election under subsection (a) is
made for any taxable year within the period
described in subparagraph (A), but
``(ii) either--
``(I) on 1 or more days in such
taxable year and before the day on
which the election was made the
corporation did not meet the
requirements of subsection (b) of
section 1361, or
``(II) 1 or more of the persons who
held stock in the corporation during
such taxable year and before the
election was made did not consent to
the election,
then such election shall be treated as made for
the following taxable year.
``(C) Election made after due date treated as made
for following taxable year.--If--
``(i) a small business corporation makes an
election under subsection (a) for any taxable
year, and
``(ii) such election is made after the due
date (with extensions) for filing the return
for such year and on or before the due date
(with extensions) for filing the return for the
following taxable year,
then such election shall be treated as made for the
following taxable year.
``(2) Rules for existing c corporations.--In the case of
any small business corporation which was a C corporation for
the taxable year prior to the taxable year for which the
election is made under subsection (a), the rules under this
paragraph shall apply in lieu of the rules under paragraph (1):
``(A) In general.--An election under subsection (a)
may be made by a small business corporation for any
taxable year--
``(i) at any time during the preceding
taxable year, or
``(ii) at any time during the taxable year
and on or before the 15th day of the 3d month
of the taxable year.
``(B) Certain elections made during 1st 2\1/2\
months treated as made for next taxable year.--If--
``(i) an election under subsection (a) is
made for any taxable year during such year and
on or before the 15th day of the 3d month of
such year, but
``(ii) either--
``(I) on 1 or more days in such
taxable year and before the day on
which the election was made the
corporation did not meet the
requirements of subsection (b) of
section 1361, or
``(II) 1 or more of the persons who
held stock in the corporation during
such taxable year and before the
election was made did not consent to
the election,
then such election shall be treated as made for the
following taxable year.
``(C) Election made after 1st 2\1/2\ months treated
as made for following taxable year.--If--
``(i) a small business corporation makes an
election under subsection (a) for any taxable
year, and
``(ii) such election is made after the 15th
day of the 3d month of the taxable year and on
or before the 15th day of the 3rd month of the
following taxable year,
then such election shall be treated as made for the
following taxable year.
``(D) Taxable years of 2\1/2\ months or less.--For
purposes of this paragraph, an election for a taxable
year made not later than 2 months and 15 days after the
first day of the taxable year shall be treated as
timely made during such year.
``(3) Authority to treat late elections, etc., as timely.--
If--
``(A) an election under subsection (a) is made for
any taxable year after the date prescribed by this
subsection for making such election for such taxable
year or no such election is made for any taxable year,
and
``(B) the Secretary determines that there was
reasonable cause for the failure to timely make such
election,
the Secretary may treat such an election as timely made for
such taxable year.
``(4) Manner of election.--Elections may be made at any
time as provided in this subsection by filing a form prescribed
by the Secretary. For purposes of any election described under
paragraph (1), the Secretary shall provide that the election
may be made on any timely filed small business corporation
return for such taxable year, with the consents of all persons
who held stock in the corporation during such taxable year
included therewith.
``(5) Secretarial authority.--The Secretary may prescribe
such regulations, rules, or other guidance as may be necessary
or appropriate for purposes of applying this subsection.''.
(b) Revocations.--Paragraph (1) of section 1362(d) of the Internal
Revenue Code of 1986 is amended--
(1) by striking ``subparagraph (D)'' in subparagraph (C)
and inserting ``subparagraphs (D) and (E)'', and
(2) by adding at the end the following new subparagraph:
``(E) Authority to treat late revocations as
timely.--If--
``(i) a revocation under subparagraph (A)
is made for any taxable year after the date
prescribed by this paragraph for making such
revocation for such taxable year or no such
revocation is made for any taxable year, and
``(ii) the Secretary determines that there
was reasonable cause for the failure to timely
make such revocation,
the Secretary may treat such a revocation as timely
made for such taxable year.''.
(c) Effective Date.--The amendments made by this section shall
apply to elections for taxable years beginning after the date of the
enactment of this Act. | Small Business Election Simplification Act - Amends the Internal Revenue Code, with respect to the subchapter S election for corporate taxpayers, to: (1) extend the deadline for filing such election to the due date (with extensions) of the corporation's tax return, (2) authorize the Secretary of the Treasury to treat a late filing or revocation of an election as timely filed or revoked if there is reasonable cause for failing to make a timely filing or revocation, and (3) allow taxpayers to make a subchapter S election on their current tax return in lieu of filing a separate form for making such election. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend the time for making S corporation elections, and for other purposes."} | 1,449 | 138 | 0.576633 | 1.458012 | 0.666362 | 1.677966 | 11.491525 | 0.813559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Regulatory Reform and
Business Development Act of 2000''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) despite the availability of abundant natural resources on
Indian lands and a rich cultural legacy that accords great value to
self-determination, self-reliance, and independence, Native
Americans suffer rates of unemployment, poverty, poor health,
substandard housing, and associated social ills which are greater
than the rates for any other group in the United States;
(2) the capacity of Indian tribes to build strong Indian tribal
governments and vigorous economies is hindered by the inability of
Indian tribes to engage communities that surround Indian lands and
outside investors in economic activities conducted on Indian lands;
(3) beginning in 1970, with the issuance by the Nixon
Administration of a special message to Congress on Indian Affairs,
each President has reaffirmed the special government-to-government
relationship between Indian tribes and the United States; and
(4) the United States has an obligation to assist Indian tribes
with the creation of appropriate economic and political conditions
with respect to Indian lands to--
(A) encourage investment from outside sources that do not
originate with the Indian tribes; and
(B) facilitate economic development on Indian lands.
(b) Purposes.--The purposes of this Act are as follows:
(1) To provide for a comprehensive review of the laws
(including regulations) that affect investment and business
decisions concerning activities conducted on Indian lands.
(2) To determine the extent to which those laws unnecessarily
or inappropriately impair--
(A) investment and business development on Indian lands; or
(B) the financial stability and management efficiency of
Indian tribal governments.
(3) To establish an authority to conduct the review under
paragraph (1) and report findings and recommendations that result
from the review to Congress and the President.
SEC. 3. DEFINITIONS.
In this Act:
(1) Authority.--The term ``Authority'' means the Regulatory
Reform and Business Development on Indian Lands Authority.
(2) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(3) Indian.--The term ``Indian'' has the meaning given that
term in section 4(d) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(d)).
(4) Indian lands.--
(A) In general.--The term ``Indian lands'' includes lands
under the definition of--
(i) the term ``Indian country'' under section 1151 of
title 18, United States Code; or
(ii) the term ``reservation'' under--
(I) section 3(d) of the Indian Financing Act of
1974 (25 U.S.C. 1452(d)); or
(II) section 4(10) of the Indian Child Welfare Act
of 1978 (25 U.S.C. 1903(10)).
(B) Former indian reservations in oklahoma.--For purposes
of applying section 3(d) of the Indian Financing Act of 1974
(25 U.S.C. 1452(d)) under subparagraph (A)(ii), the term
``former Indian reservations in Oklahoma'' shall be construed
to include lands that are--
(i) within the jurisdictional areas of an Oklahoma
Indian tribe (as determined by the Secretary of the
Interior); and
(ii) recognized by the Secretary of the Interior as
eligible for trust land status under part 151 of title 25,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
(5) Indian tribe.--The term ``Indian tribe'' has the meaning
given that term in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)).
(6) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(7) Tribal organization.--The term ``tribal organization'' has
the meaning given that term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(l)).
SEC. 4. ESTABLISHMENT OF AUTHORITY.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in consultation with the
Secretary of the Interior and other officials whom the Secretary
determines to be appropriate, shall establish an authority to be
known as the Regulatory Reform and Business Development on Indian
Lands Authority.
(2) Purpose.--The Secretary shall establish the Authority under
this subsection in order to facilitate the identification and
subsequent removal of obstacles to investment, business
development, and the creation of wealth with respect to the
economies of Native American communities.
(b) Membership.--
(1) In general.--The Authority established under this section
shall be composed of 21 members.
(2) Representatives of indian tribes.--12 members of the
Authority shall be representatives of the Indian tribes from the
areas of the Bureau of Indian Affairs. Each such area shall be
represented by such a representative.
(3) Representatives of the private sector.--No fewer than 4
members of the Authority shall be representatives of
nongovernmental economic activities carried out by private
enterprises in the private sector.
(c) Initial Meeting.--Not later than 90 days after the date of
enactment of this Act, the Authority shall hold its initial meeting.
(d) Review.--Beginning on the date of the initial meeting under
subsection (c), the Authority shall conduct a review of laws (including
regulations) relating to investment, business, and economic development
that affect investment and business decisions concerning activities
conducted on Indian lands.
(e) Meetings.--The Authority shall meet at the call of the
chairperson.
(f) Quorum.--A majority of the members of the Authority shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairperson.--The Authority shall select a chairperson from
among its members.
SEC. 5. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Authority shall prepare and submit to the Committee on Indian Affairs
of the Senate, the Committee on Resources of the House of
Representatives, and to the governing body of each Indian tribe a
report that includes--
(1) the findings of the Authority concerning the review
conducted under section 4(d); and
(2) such recommendations concerning the proposed revisions to
the laws that were subject to review as the Authority determines to
be appropriate.
SEC. 6. POWERS OF THE AUTHORITY.
(a) Hearings.--The Authority may hold such hearings, sit and act at
such times and places, take such testimony, and receive such evidence
as the Authority considers advisable to carry out the duties of the
Authority.
(b) Information From Federal Agencies.--The Authority may secure
directly from any Federal department or agency such information as the
Authority considers necessary to carry out the duties of the Authority.
(c) Postal Services.--The Authority may use the United States mails
in the same manner and under the same conditions as other departments
and agencies of the Federal Government.
(d) Gifts.--The Authority may accept, use, and dispose of gifts or
donations of services or property.
SEC. 7. AUTHORITY PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal members.--Members of the Authority who are not
officers or employees of the Federal Government shall serve without
compensation, except for travel expenses as provided under
subsection (b).
(2) Officers and employees of the federal government.--Members
of the Authority who are officers or employees of the United States
shall serve without compensation in addition to that received for
their services as officers or employees of the United States.
(b) Travel Expenses.--The members of the Authority shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Authority.
(c) Staff.--
(1) In general.--The chairperson of the Authority may, without
regard to the civil service laws, appoint and terminate such
personnel as may be necessary to enable the Authority to perform
its duties.
(2) Procurement of temporary and intermittent services.--The
chairperson of the Authority may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at
rates for individuals that do not exceed the daily equivalent of
the annual rate of basic pay prescribed under GS-13 of the General
Schedule established under section 5332 of title 5, United States
Code.
SEC. 8. TERMINATION OF THE AUTHORITY.
The Authority shall terminate 90 days after the date on which the
Authority has submitted a copy of the report prepared under section 5
to the committees of Congress specified in section 5 and to the
governing body of each Indian tribe.
SEC. 9. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.
The activities of the Authority conducted under this Act shall be
exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act, to remain available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Indian Tribal Regulatory Reform and Business Development Act of 1999 - Directs the Secretary of Commerce to establish the Regulatory Reform and Business Development on Indian Lands Authority to facilitate identifying and removing obstacles to investment, business development, and the creation of wealth with respect to Native American community economies.
Requires the Authority to: (1) conduct a review of laws and regulations relating to investment, business, and economic development that affect investment and business decisions concerning activities conducted on Indian lands; and (2) report to specified congressional committees and Indian tribes review findings and recommendations for proposed revisions to laws.
Authorizes appropriations. | {"src": "billsum_train", "title": "Indian Tribal Regulatory Reform and Business Development Act of 2000"} | 2,174 | 133 | 0.603734 | 1.491201 | 0.688957 | 4.470085 | 16.452991 | 0.931624 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Families Credit Reporting
Act of 2017''.
SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER.
The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
(1) in section 605 (15 U.S.C. 1681c), by adding at the end
the following:
``(i) Notice of Status as an Active Duty Military Consumer.--
``(1) In general.--With respect to an item of adverse
information about a consumer that arises from the failure of
the consumer to make any required payment on a debt or other
obligation, if the action or inaction that gave rise to the
item occurred while the consumer was an active duty military
consumer--
``(A) the consumer may provide appropriate proof,
including official orders, to a consumer reporting
agency that the consumer was an active duty military
consumer at the time the action or inaction occurred;
and
``(B) any consumer report provided by the consumer
reporting agency that includes the item shall clearly
and conspicuously disclose that the consumer was an
active duty military consumer when the action or
inaction that gave rise to the item occurred.
``(2) Model form.--The Bureau shall prepare a model form,
which shall be made publicly available, including in an
electronic format, by which a consumer may--
``(A) notify, and provide appropriate proof to, a
consumer reporting agency in a simple and easy manner,
including electronically, that the consumer is or was
an active duty military consumer; and
``(B) provide contact information of the consumer
for the purpose of communicating with the consumer
while the consumer is an active duty military consumer.
``(3) No adverse consequences.--Notice, whether provided by
the model form described in paragraph (2) or otherwise, that a
consumer is or was an active duty military consumer may not
provide the sole basis for--
``(A) with respect to a credit transaction between
the consumer and a creditor, a creditor--
``(i) denying an application of credit
submitted by the consumer;
``(ii) revoking an offer of credit made to
the consumer by the creditor;
``(iii) changing the terms of an existing
credit arrangement with the consumer; or
``(iv) refusing to grant credit to the
consumer in a substantially similar amount or
on substantially similar terms requested by the
consumer;
``(B) furnishing negative information relating to
the creditworthiness of the consumer by or to a
consumer reporting agency; or
``(C) except as otherwise provided in this title, a
creditor or consumer reporting agency noting in the
file of the consumer that the consumer is or was an
active duty military consumer.'';
(2) in section 605A (15 U.S.C. 1681c-1)--
(A) in subsection (c)--
(i) by redesignating paragraphs (1), (2),
and (3) as subparagraphs (A), (B), and (C),
respectively, and adjusting the margins
accordingly;
(ii) in the matter preceding subparagraph
(A), as so redesignated, by striking ``Upon''
and inserting the following:
``(1) In general.--Upon''; and
(iii) by adding at the end the following:
``(2) Negative information notification.--If a consumer
reporting agency receives an item of adverse information about
a consumer who has provided appropriate proof that the consumer
is an active duty military consumer, the consumer reporting
agency shall promptly notify the consumer, with a frequency, in
a manner, and according to a timeline determined by the Bureau
or specified by the consumer--
``(A) that the consumer reporting agency has
received the item of adverse information, along with a
description of the item; and
``(B) the method by which the consumer may dispute
the validity of the item.
``(3) Contact information for active duty military
consumers.--
``(A) In general.--If a consumer who has provided
appropriate proof to a consumer reporting agency that
the consumer is an active duty military consumer
provides the consumer reporting agency with contact
information for the purpose of communicating with the
consumer while the consumer is an active duty military
consumer, the consumer reporting agency shall use that
contact information for all communications with the
consumer while the consumer is an active duty military
consumer.
``(B) Direct request.--Unless a consumer directs
otherwise, the provision of contact information by the
consumer under subparagraph (A) shall be deemed to be a
request for the consumer to receive an active duty
alert under paragraph (1).
``(4) Sense of congress.--It is the sense of Congress that
any person making use of a consumer report that contains an
item of adverse information with respect to a consumer should,
if the action or inaction that gave rise to the item occurred
while the consumer was an active duty military consumer, take
that fact into account when evaluating the creditworthiness of
the consumer.''; and
(B) in subsection (e), by striking paragraph (3)
and inserting the following:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''; and
(3) in section 611(a)(1) (15 U.S.C. 1681i(a)(1)), by adding
at the end the following:
``(D) Notice of dispute related to active duty
military consumers.--With respect to an item of
information described under subparagraph (A) that is
under dispute, if the consumer to whom the item relates
has notified the consumer reporting agency conducting
the investigation described in that subparagraph, and
has provided appropriate proof, that the consumer was
an active duty military consumer at the time the action
or inaction that gave rise to the disputed item
occurred, the consumer reporting agency shall--
``(i) include that fact in the file of the
consumer; and
``(ii) indicate that fact in each consumer
report that includes the disputed item.''. | Military Families Credit Reporting Act of 2017 This bill amends the Fair Credit Reporting Act to: (1) allow a consumer to provide proof to a consumer reporting agency that an adverse credit report item occurred while on active duty, and (2) require a consumer reporting agency to provide an active duty military consumer's relevant active duty status on adverse credit report items. The Consumer Financial Protection Bureau is required to publish a model form that allows a consumer to: (1) notify a consumer reporting agency that the consumer is an active duty military consumer, and (2) provide contact information for communicating with the consumer while on active duty. Notice of active duty status may not be the basis for an adverse credit action. A consumer reporting agency must notify an active duty military consumer of negative information received about that consumer. | {"src": "billsum_train", "title": "Military Families Credit Reporting Act of 2017"} | 1,359 | 162 | 0.684296 | 1.743213 | 0.851887 | 2.848101 | 8.170886 | 0.924051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unlawful Employers Accountability
and Illegal Alien State Reimbursement Act of 2007''.
SEC. 2. COMPLIANCE WITH RESPECT TO THE UNLAWFUL EMPLOYMENT OF ALIENS.
(a) Civil Penalty.--Paragraph (4) of subsection (e) of section 274A
of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to
read as follows:
``(4) Cease and desist order with civil money penalty for
hiring, recruiting, and referral violations.--
``(A) In general.--With respect to a violation by
any person or other entity of subsection (a)(1)(A) or
(a)(2), the Secretary of Homeland Security shall
require such person or such entity to cease and desist
from such violations and to pay a civil penalty in the
amount specified in subparagraph (B).
``(B) Amount of civil penalty.--
``(i) Schedule of penalties based on the
number of unauthorized aliens.--For each
occurrence of a violation of subsection
(a)(1)(A) or (a)(2) with respect to the alien
referred to in such subsection, the civil
penalty shall be the following:
``(I) For a violation with respect
to one unauthorized alien, $5,000.
``(II) For a violation with respect
to greater than or equal to 2 such
aliens but less than or equal to 10
such aliens, $5,000 for each such
alien.
``(III) For a violation with
respect to greater than or equal to 11
such aliens but less than or equal to
25 such aliens, $15,000 for each such
alien.
``(IV) For a violation with respect
to greater than or equal to 26 such
aliens but less than or equal to 50
such aliens, $25,000 for each such
alien.
``(V) For a violation with respect
to greater than or equal to 51 such
aliens but less than or equal to 75
such aliens, $35,000 for each such
alien.
``(VI) For a violation with respect
to greater than 75 such aliens, $50,000
for each such alien.
``(ii) Additional amounts for costs of
removal.--In the event of the removal of an
alien from the United States based on findings
developed in connection with the assessment or
collection of a penalty under this paragraph,
the costs incurred by the Federal Government,
cooperating State and local governments, and
State and local law enforcement agencies in
connection with such removal shall be added to
the amount of the penalty specified under
clause (i).
``(C) Distinct, physically separate subdivisions.--
In applying this subsection in the case of a person or
other entity composed of distinct, physically separate
subdivisions each of which provides separately for the
hiring, recruiting, or referring for employment,
without reference to the practices of, and not under
the control of or common control with, another
subdivision, each such subdivision shall be considered
a separate person or other entity.''.
(b) Denial of Agricultural Assistance for Violators.--Section 274A
of such Act (8 U.S.C. 1324a) is further amended by adding at the end
the following new subsection:
``(i) Denial of Agricultural Assistance for Violators.--In the case
of a violation of subsection (a)(1)(A) or (a)(2) by an agricultural
association, agricultural employer, or farm labor contractor (as
defined in section 3 of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802)), such association, employer, or
contractor shall be ineligible for agricultural assistance described in
paragraphs (1), (2), and (3) of section 1211(a) of the Food Security
Act of 1985 (16 U.S.C. 3811(a)) for a period not to exceed 5 years.''.
(c) Good Faith Defense.--
(1) In general.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is further amended--
(A) by striking subsection (a)(3); and
(B) by striking subsection (b)(6).
(2) Conforming amendments.--Section 274A of such Act (8
U.S.C. 1324a) is further amended--
(A) in subsection (a)(5), by striking ``paragraphs
(1)(B) and (3)'' and inserting ``paragraph (1)(B)'';
and
(B) in subsection (b)--
(i) in the matter preceding paragraph (1),
by striking ``paragraphs (1)(B) and (3)'' and
inserting ``paragraph (1)(B)''; and
(ii) by striking paragraph (6).
(d) Disclosure Requirements.--
(1) In general.--The Secretary of Homeland Security shall
establish, maintain, and regularly update a publicly accessible
website that contains a list of persons or other entities that
the Secretary has determined to have been in violation of
subsection (a)(1)(A) or (a)(2) of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) in the
preceding 5 years.
(2) Contents of website.--Such website shall contain, with
respect to each such person or entity, the following
information:
(A) The name, address, and telephone number of the
person or entity.
(B) The names of the owners, chief executive
officers, or other similar officers of the person or
entity.
(C) The number of unauthorized aliens (as defined
in section 274A(h)(3) of such Act (8 U.S.C.
1324a(h)(3))) found to be employed by the person or
entity.
(D) The aggregate dollar amount that the person or
entity has received in the preceding 5 years under any
Federal contract.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect 30 days after the date of the enactment of
this Act and shall apply to violations occurring on or after such
effective date.
SEC. 3. DEBARMENT FROM GOVERNMENT CONTRACTS FOR EMPLOYERS OF
UNAUTHORIZED ALIENS.
(a) In General.--Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a), as amended by section 2(b), is amended by adding
at the end the following new subsection:
``(j) Government Contracts.--If a person or other entity is
determined by the Secretary of Homeland Security to be a repeat
violator of this section, or is subject to criminal penalties under
subsection (f)(1), the person or other entity shall be debarred from
the receipt of Federal contracts (and subcontracts entered into (at any
tier) under such contracts) for a period of 5 years.''.
(b) Effective Date.--Section 274A(j) of the Immigration and
Nationality Act (8 U.S.C. 1324a(j)), as added by subsection (a), shall
apply with respect to contracts and subcontracts entered into after the
expiration of the 90-day period beginning on the date of enactment of
this Act.
SEC. 4. REIMBURSING STATE AND LOCAL GOVERNMENTS FOR COSTS OF SERVING
ILLEGAL ALIENS.
(a) Making Payments to States.--
(1) In general.--Not later than 30 days following the end
of the fiscal year, the Secretary shall make a payment to each
eligible State in an amount equal to the amount credited as of
the end of the fiscal year to the account of the State within
the Illegal Alien State Reimbursement Fund as described in
paragraph (2).
(2) Establishment and operation of illegal alien state
reimbursement fund.--
(A) Establishment of fund.--The Secretary shall
establish a designated fund in the Treasury of the
United States to be known as the ``Illegal Alien State
Reimbursement Fund'' (in this section referred to as
the ``Fund'').
(B) State accounts.--The Secretary shall create a
separate account within the Fund for each State that is
an eligible State during the fiscal year.
(C) Allocation method.--If any amount is received
from an employer of an unauthorized alien for a
violation of section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) and if the
violation occurred in an eligible State, the Secretary
shall credit the account of that eligible State using
the following formula:
(i) If the violation occurs in a single
eligible State, the Secretary shall credit the
account of that eligible State with an amount
equal to 75% of the amount received.
(ii) If the violation occurs in multiple
eligible States, the Secretary shall divide the
amount described in clause (i) by the number of
eligible States where the violation occurred
and shall credit the account of each eligible
State with an equal share.
(b) Requirements for Use and Redistribution of Payments.--
(1) Use of payments specified.--A payment received under
this section shall be used solely for payments to local
educational agencies (as defined in section 9101(26) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801(26))), public health care providers, and law enforcement
agencies for the purpose of assisting State and local
governments with meeting the costs associated with serving
aliens who are unlawfully present in the United States.
(2) Redistribution of payment to counties and units of
local government.--An eligible State shall redistribute 66
percent of the payment received under this section, within 60
days of receipt by the State, to appropriate counties and units
of local government in accordance with a system that the State
shall develop that provides for opportunities for input from
all counties and units of local government in the state and
that targets the areas of greatest need in accordance with the
purpose described in paragraph (1), based on objective
criteria.
(c) Definitions.--For the purposes of this section, the following
definitions apply:
(1) Eligible state.--The term ``eligible State'' means a
State that agrees--
(A) to use the payment received under this section
for the uses specified in subsection (b)(1);
(B) to redistribute the payment received under this
section to counties and units of local government in
accordance with subsection (b)(2);
(C) to require that any county or unit of local
government to whom a payment is redistributed shall use
the payment for the uses specified in subsection
(b)(1); and
(D) to submit information and assurances at such
time and in such form as the Secretary may require.
(2) State.--The term ``State'' includes each State, the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, Guam, and the United States Virgin Islands.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(d) Effective Date.--This section shall take effect at the
beginning of the next fiscal year following the date of enactment of
this Act. | Unlawful Employers Accountability and Illegal Alien State Reimbursement Act of 2007 - Amends the Immigration and Nationality Act to revise (based upon the number of employees) and increase civil money penalties for employers who knowingly hire, recruit, refer, or continue to employ illegal aliens in the United States. Makes employers liable for federal, state, and local costs associated with such aliens' removal.
Considers each subdivision as a separate employer in the case of an employer composed of distinct, physically separate subdivisions each of which provides separately for hiring, recruiting, or referring and which is not under the control of another subdivision.
Denies specified agricultural assistance for up to five years for an agricultural employer, association, or farm labor contractor in violation of such employment provisions.
Eliminates good faith defense provisions.
Directs the Secretary of Homeland Security to maintain a website of employers determined to have been in violation of such provisions within the preceding five years.
Makes repeat employer violators or employers subject to criminal penalties for such violations ineligible for federal contracts for five years.
Directs the Secretary to establish in the Treasury the Illegal Alien State Reimbursement Fund to reimburse eligible states (including the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and the United States Virgin Islands) for payments to local educational agencies, public health care providers, and law enforcement agencies for costs associated with serving aliens unlawfully present in the United States. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to improve enforcement of restrictions on employment in the United States of unauthorized aliens and to reimburse State and local governments for costs associated with serving illegal aliens."} | 2,519 | 318 | 0.508711 | 1.585069 | 0.759606 | 3.69708 | 8.09854 | 0.886861 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Contract Equity Act
of 2001''.
SEC. 2. PROCEDURES FOR BUNDLING CONTRACTS.
(a) Procedures for Bundling of Contracts.--Notwithstanding any
other law, the following procedures shall apply to a solicitation that
is issued by an executive department or agency for the procurement of
goods or services and that the Administrator of the Small Business
Administration determines would result in the displacement of any
small-business concern:
(1) Submission of draft solicitation.--The head of the
department or agency shall forward, at least 20 days prior to
the publication of any solicitation for goods or services in
Commerce Business Daily (or its electronic successor), a draft
of such solicitation to the Administrator of the Small Business
Administration, for determination by the Administrator whether
the draft solicitation would result in a bundled contract.
(2) Determination.--Not later than 10 days after the date
of receipt of the draft solicitation, the Administrator shall
make the determination described in paragraph (1) and submit
such determination to the head of the department or agency. If
the Administrator concludes that the draft solicitation would
result in a bundled contract, the head of the department or
agency may not publish the solicitation until the department or
agency head undertakes market research for the proposed
solicitation as described in section 15(e) of the Small
Business Act (15 U.S.C. 644(e)) and the regulations promulgated
thereunder on December 27, 1999.
(3) Study.--Not later than 45 days after the date that the
Administrator has made the determination under paragraph (2),
the head of the department or agency shall submit to the
Administrator a study to support the proposed bundled contract
which demonstrates measurable savings as set forth in the
regulations implementing the Small Business Reauthorization Act
of 1997 (Public Law 105-135; 111 Stat. 2592) (including the
amendments made by that Act), and that the quality of the goods
or services to be procured under the draft solicitation are
equal in quality to the goods or services currently obtained by
the head of the department or agency.
(4) Review of study.--Not later than 10 days after the
submission of the study, the Administrator shall determine
whether the study meets the standards set forth in the Small
Business Reauthorization Act of 1997 (including the amendments
made by that Act) and the regulations promulgated thereunder on
December 27, 1999. The Administrator shall specify in writing
any deficiencies in the study and proposed changes to the draft
solicitation (including, but not limited to, the reduction in
size or scope of the draft solicitation) so as to comply with
the requirements in such Act and regulations. If the head of
the agency does not concur in a determination of the
Administrator under this paragraph, the head of the agency may
appeal the determination to the Director of the Office of
Management and Budget, who shall either grant or deny the
appeal within 5 days. Any determination by the Director shall
be final. The Director may delegate his duties set forth in
this paragraph to a subordinate official within the Office of
Management and Budget appointed by the President with the
advice and consent of the Senate.
(5) Publication of solicitation.--If the Administrator
determines that the study meets the standards set forth in the
Small Business Reauthorization Act of 1997 and the regulations
promulgated thereunder, and that the goals described in section
15(g)(2) of the Small Business Act (15 U.S.C. 644(g)(2)) for
the fiscal year prior to the fiscal year in which the draft
solicitation was forwarded to the Administrator under paragraph
(1) have been met, the head of the department or agency may
publish the solicitation in Commerce Business Daily (or its
electronic successor).
(6) Revision of solicitation.--If the Administrator
determines that the study does not meet such standards, the
head of the department or agency shall revise the solicitation
and perform a new study pursuant to the procedures set forth in
paragraphs (1) through (3).
(b) Waiver.--
(1) In general.--The requirements of subsection (a) may be
waived by the Administrator if the Administrator determines
that an unusual or unexpected exigency justifies a waiver.
(2) Appeal.--The head of an agency may appeal any waiver
request to the Director of the Office of Management and Budget,
who shall either grant or deny the appeal within 5 days. Any
determination by the Director shall be final. The Director may
delegate the duties set forth in this paragraph to a
subordinate official within the Office of Management and Budget
appointed by the President with the advice and consent of the
Senate.
(c) Definitions.--In this section, the term--
(1) ``bundled contract'' means any contract, irrespective
of benefit or dollar value, that displaces two or more small-
business concerns; and
(2) ``small-business concern'' has the meaning given that
term in section 3(a) of the Small Business Act (15 U.S.C.
632(a)).
(d) Regulations.--The Administrator shall promulgate regulations to
implement this section according to the following procedures:
(1) Not later than 30 days after the date of enactment of
this Act, the Administrator shall publish, for notice and
comment, proposed rules to implement this section.
(2) The Administrator shall receive comments on the
proposed rules for 45 days. At the close of the comment period,
the Administrator shall consult with the department or agency
head on the promulgation of final rules.
(3) If no final rule has been published within 120 days
after the effective date of this Act, the regulations published
in proposed form pursuant to paragraph (1) shall become final.
SEC. 3. DEFINITIONS RELATED TO BUNDLING OF CONTRACT REQUIREMENTS.
Section 3(o) of the Small Business Act (15 U.S.C. 632(o)) is
amended--
(1) in paragraph (1), by inserting ``, regardless of the
terminology that the contracting agency uses to refer to such a
contract and regardless of whether such agency has conducted a
study of the effects of the solicitation for the contract on
civilian or military personnel of the United States'' before
the period at the end; and
(2) in paragraph (2)--
(A) by striking ``The term'' and inserting
``Regardless of the terminology that the contracting
agency uses to refer to such a consolidation, the
term''; and
(B) by inserting ``or multiple contracts, or the
creation of any new procurement requirement that
permits such consolidation,'' after ``solicitation of
offers for a single contract''.
SEC. 4. PROHIBITION ON BUNDLING OF CONTRACT REQUIREMENTS BY AGENCIES
THAT FAIL TO MEET CERTAIN SMALL BUSINESS PROCUREMENT
PARTICIPATION GOALS.
(a) Prohibition on Bundling of Contract Requirements.--
(1) In General.--Section 15(e) of the Small Business Act
(15 U.S.C. 644(e)) is amended by adding at the end the
following:
``(5) Restriction on bundling of contract requirements.--
``(A) In general.--If a report submitted under
subsection (h)(2) includes a finding that an agency
failed, in any fiscal year covered by the report, to
attain any goal described in subparagraph (B), the
agency may not award a contract that is determined by
the Administrator to be a bundled contract under
section 2 or solicit offers for a bundled contract for
the duration of the fiscal year beginning on the first
October 1 after the submission of the report.
``(B) Goals to be met.--For the purposes of
subparagraph (A), an agency shall be required to meet
the each goal described in subsection (g)(2) that
relates to any of the following:
``(i) small business concerns generally;
``(ii) small business concerns owned and
controlled by socially and economically
disadvantaged individuals; and
``(iii) small business concerns owned and
controlled by women.''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply only to--
(A) solicitations of offers to contract issued on
or after October 1, 2001; and
(B) contracts awarded pursuant to such
solicitations.
(b) Deadlines Relating to Determination of Goal Attainment.--
Section 15(h) of the Small Business Act (15 U.S.C. 644(h)) is amended--
(1) in paragraph (2) in the first sentence, by inserting
``by not later than December 31 of each year'' before the
period at the end; and
(2) by adding at the end the following:
``(4) By not later than September 15 of each year, the
Administrator of General Services shall transmit to the Administration
a preliminary report, for the period beginning on October 1 and ending
on August 31 of the previous year, containing data and information,
obtained from the Federal Procurement Data System, demonstrating the
extent to which each agency met each goal set forth in subsection
(g)(2). Not later than October 15 of each year, the Administrator of
General Services shall transmit to the Administration a final report
containing such data for the previous year.''. | Small Business Contract Equity Act of 2001 - Sets forth procedures for the bundling of procurement contracts that the Administrator of the Small Business Administration determines would result in the displacement of small business concerns. Permits waivers for unusual or unexpected exigencies.Amends the Small Business Act to prohibit agencies that fail to attain small business procurement participation goals from awarding or soliciting offers for bundled contracts. Requires such agencies to meet such goals relating to small businesses generally, those owned and controlled by socially and economically disadvantaged individuals, and those owned and controlled by women. | {"src": "billsum_train", "title": "To require Federal agencies to follow certain procedures with respect to the bundling of procurement contract requirements, and for other purposes."} | 2,026 | 123 | 0.509565 | 1.423926 | 0.544194 | 2.95098 | 18.392157 | 0.892157 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spoofing Prevention Act of 2016''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Voice service.--The term ``voice service'' means any
service that furnishes voice communications to an end user
using resources from the North American Numbering Plan or any
successor to the North American Numbering Plan adopted by the
Commission under section 251(e)(1) of the Communications Act of
1934 (47 U.S.C. 251(e)(1)).
SEC. 3. EXPANDING AND CLARIFYING PROHIBITION ON MISLEADING OR
INACCURATE CALLER IDENTIFICATION INFORMATION.
(a) Communications From Outside United States.--Section 227(e)(1)
of the Communications Act of 1934 (47 U.S.C. 227(e)(1)) is amended by
striking ``in connection with any telecommunications service or IP-
enabled voice service'' and inserting ``or any person outside the
United States if the recipient of the call is within the United States,
in connection with any voice service or text messaging service''.
(b) Coverage of Text Messages and Voice Services.--Section
227(e)(8) of the Communications Act of 1934 (47 U.S.C. 227(e)(8)) is
amended--
(1) in subparagraph (A), by striking ``telecommunications
service or IP-enabled voice service'' and inserting ``voice
service or a text message sent using a text messaging
service'';
(2) in the first sentence of subparagraph (B), by striking
``telecommunications service or IP-enabled voice service'' and
inserting ``voice service or a text message sent using a text
messaging service''; and
(3) by striking subparagraph (C) and inserting the
following:
``(C) Text message.--The term `text message'--
``(i) means a message consisting of text,
images, sounds, or other information that is
transmitted from or received by a device that
is identified as the transmitting or receiving
device by means of a 10-digit telephone number;
``(ii) includes a short message service
(commonly referred to as `SMS') message, an
enhanced message service (commonly referred to
as `EMS') message, and a multimedia message
service (commonly referred to as `MMS')
message; and
``(iii) does not include a real-time, 2-way
voice or video communication.
``(D) Text messaging service.--The term `text
messaging service' means a service that permits the
transmission or receipt of a text message, including a
service provided as part of or in connection with a
voice service.
``(E) Voice service.--The term `voice service'
means any service that furnishes voice communications
to an end user using resources from the North American
Numbering Plan or any successor to the North American
Numbering Plan adopted by the Commission under section
251(e)(1).''.
(c) Technical Amendment.--Section 227(e) of the Communications Act
of 1934 (47 U.S.C. 227(e)) is amended in the heading by inserting
``Misleading or'' before ``Inaccurate''.
(d) Regulations.--
(1) In general.--Section 227(e)(3)(A) of the Communications
Act of 1934 (47 U.S.C. 227(e)(3)(A)) is amended by striking
``Not later than 6 months after the date of enactment of the
Truth in Caller ID Act of 2009, the Commission'' and inserting
``The Commission''.
(2) Deadline.--The Federal Communications Commission shall
prescribe regulations to implement the amendments made by this
section not later than 18 months after the date of enactment of
this Act.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is 6 months after the date on which the
Commission prescribes regulations under subsection (d).
SEC. 4. REPORT ON EXISTING TECHNOLOGICAL SOLUTIONS TO COMBAT MISLEADING
OR INACCURATE CALLER IDENTIFICATION INFORMATION.
(a) Publication of Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Commission shall
publish on the website of the Commission a report that identifies
existing technology solutions that a consumer can use to protect the
consumer against misleading or inaccurate caller identification
information.
(b) Contents of Report.--In preparing the report under subsection
(a), the Commission shall--
(1) analyze existing technologies that can enable consumers
to guard against misleading or inaccurate caller identification
information;
(2) describe how the technologies described in paragraph
(1) protect consumers; and
(3) detail how voice service subscribers can obtain access
to the technologies described in paragraph (1).
SEC. 5. GAO REPORT ON COMBATING THE FRAUDULENT PROVISION OF MISLEADING
OR INACCURATE CALLER IDENTIFICATION INFORMATION.
(a) In General.--The Comptroller General of the United States shall
conduct a study of the actions the Commission and the Federal Trade
Commission have taken to combat the fraudulent provision of misleading
or inaccurate caller identification information, and the additional
measures that could be taken to combat such activity.
(b) Required Considerations.--In conducting the study under
subsection (a), the Comptroller General shall examine--
(1) trends in the types of scams that rely on misleading or
inaccurate caller identification information;
(2) previous and current enforcement actions by the
Commission and the Federal Trade Commission to combat the
practices prohibited by section 227(e)(1) of the Communications
Act of 1934 (47 U.S.C. 227(e)(1));
(3) current efforts by industry groups and other entities
to develop technical standards to deter or prevent the
fraudulent provision of misleading or inaccurate caller
identification information, and how such standards may help
combat the current and future provision of misleading or
inaccurate caller identification information; and
(4) whether there are additional actions the Commission,
the Federal Trade Commission, and Congress should take to
combat the fraudulent provision of misleading or inaccurate
caller identification information.
(c) Report.--Not later than 18 months after the date of enactment
of this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
findings of the study under subsection (a), including any
recommendations regarding combating the fraudulent provision of
misleading or inaccurate caller identification information.
SEC. 6. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this Act, or the amendments made by
this Act, shall be construed to modify, limit, or otherwise affect any
rule or order adopted by the Commission in connection with--
(1) the Telephone Consumer Protection Act of 1991 (Public
Law 102-243; 105 Stat. 2394) or the amendments made by that
Act; or
(2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).
(b) Additional.--Nothing in this Act, or the amendments made by
this Act, shall be construed--
(1) to mean that a text messaging service (as defined in
section 227(e)(8) of the Communications Act of 1934 (47 U.S.C.
227(e)(8)) is a telecommunications service under title II of
the Communications Act of 1934 (47 U.S.C. 201 et seq.), or
require or direct the Commission to classify a text messaging
service as a telecommunications service;
(2) to mean that an interconnected VoIP service (as defined
in section 9.3 of title 47, Code of Federal Regulations, or any
successor regulation) or a non-interconnected VoIP service (as
defined in section 64.601(a)(23) of title 47, Code of Federal
Regulations, or any successor regulation) is a
telecommunications service under title II of the Communications
Act of 1934 (47 U.S.C. 201 et seq.), or require or direct the
Commission to classify an interconnected VoIP service or a non-
interconnected VoIP service as a telecommunications service; or
(3) to modify, limit, or otherwise affect the authority of
the Commission to determine the scope of any other provision of
the Communications Act of 1934 (47 U.S.C. 151 et seq.) and its
applicability to any voice service, including an interconnected
VoIP service or a non-interconnected VoIP service, or text
messaging service. | Spoofing Prevention Act of 2016 This bill amends the Communications Act of 1934 to expand the prohibition against knowingly transmitting misleading or inaccurate caller identification information to apply to: (1) persons outside the United States if the recipient of the call is within the United States, and (2) text messages. Existing caller identification requirements that apply to calls made using a telecommunications service or IP-enabled voice service are revised to apply to voice communications using resources from the North American Numbering Plan. The Federal Communications Commission (FCC) must publish on its website a report that identifies existing technologies that consumers can use to protect against misleading or inaccurate caller identification information. The Government Accountability Office must report on: (1) actions taken, or actions that could be taken, by the FCC or the Federal Trade Commission to combat the fraudulent provision of misleading or inaccurate caller identification information; and (2) any recommendations to combat the fraudulent provision of such information. | {"src": "billsum_train", "title": "Spoofing Prevention Act of 2016"} | 1,993 | 198 | 0.564798 | 1.495383 | 0.812438 | 4.226519 | 9.270718 | 0.900552 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FFSCC Act of 2010''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) According to the Federal Deposit Insurance Corporation,
more than 60 million low- and moderate-income consumers in
America remain unbanked, underbanked, or underserved.
(2) The proportion of United States households that are
unbanked varies considerably across racial and ethnic groups
with certain racial and ethnic groups being more likely to be
unbanked than the population as a whole. Minorities more likely
to be unbanked include Blacks (21.7 percent of Black
households), Hispanics (19.3 percent), and American Indian/
Alaskans (15.6 percent). Racial groups less likely to be
unbanked are Asians (3.5 percent) and Whites (3.3 percent).
(3) Certain racial and ethnic minorities are more likely to
be underbanked than the population as a whole. Minorities more
likely to be underbanked include Blacks (an estimated 31.6
percent), American Indian/Alaskans (28.9 percent), and
Hispanics (24.0 percent). Asians and Whites are less likely to
be underbanked (7.2 percent and 14.9 percent, respectively).
(4) Households with income under $30,000 account for at
least 71 percent of unbanked households. As income increases,
the share of households that are unbanked declines
considerably. Nationally, nearly 20 percent of lower-income
United States households--almost 7 million households earning
below $30,000 per year--do not currently have a bank account.
In contrast, only 4.2 percent of households with annual income
between $30,000 and $50,000 and less than 1 percent of
households with yearly income of $75,000 or higher are
unbanked.
(5) Lack of access to affordable banking products and
services deters the economic advancement of low- and moderate-
income consumers and stunts the economic growth of communities
in which they live.
(b) Purpose.--The purpose of this Act is to establish a vibrant,
safe, and commercially viable market for underbanked and unbanked
individuals to gain access to financial services and products.
SEC. 3. FEDERAL FINANCIAL SERVICES AND CREDIT COMPANY.
(a) In General.--The Comptroller of the Currency is authorized,
under such regulations as the Comptroller of the Currency may
prescribe, to provide for the organization, incorporation, examination,
operation, regulation, and chartering of companies to be known as
Federal Financial Services and Credit Companies (hereinafter in this
Act referred to as ``FFSCCs'').
(b) Eligibility.--
(1) In general.--The Comptroller of the Currency may not
issue an FFSCC charter to a company unless the company
satisfies the following requirements, as determined by the
Comptroller of the Currency:
(A) The company has at least 10 years of experience
in providing underbanked persons with at least three of
the following services:
(i) Installment loans extended to consumers
or, in an amount less than $10,000, to small
businesses.
(ii) Open-end credit extended to consumers
or, in an amount less than $10,000, to small
businesses.
(iii) Non-recourse credit extended to
consumers and secured by personal property.
(iv) The issuing of reloadable stored value
cards to consumers or small businesses.
(v) Ancillary financial services extended
to consumers or small businesses, including
issuing money orders, sending and receiving
wire transfers, check cashing services, bill
payment services, and tax preparation services.
(vi) Such other short-term consumer credit
services as the Comptroller of the Currency
determines appropriate.
(B) The company is not a depository institution or
a credit union.
(C) The company submits a business plan or
operating plan that adequately addresses the
appropriate statutory and policy considerations. Such
plan shall--
(i) reflect sound financial principles and
demonstrate realistic assessments of risk in
light of economic and competitive conditions in
the market for serving underbanked and unbanked
populations;
(ii) include information sufficient to
permit the Comptroller of the Currency to
evaluate the overall management ability of the
company, especially the ability to provide
financial services to the underbanked and
unbanked population; and
(iii) demonstrate that the company is aware
of, and understands, Federal and State banking
laws and sound banking operations and practices
in the context of serving the needs of the
underbanked and unbanked populations.
(D) The company has senior management officials who
are familiar with applicable Federal and State banking
laws and regulations, and the credit and training needs
of underbanked and unbanked customers
(E) The company has competent management, with
ability and experience relevant to the types of
services to be provided, especially the ability and
experience to design and provide financial services to
the underbanked and unbanked consumer population.
(2) Company defined.--For purposes of this subsection, the
term ``company'' shall include--
(A) the entity applying for an FFSCC charter;
(B) any wholly-owned subsidiary of such entity
applying for an FFSCC charter; and
(C) any other entity that is part of an affiliated
control group with such entity applying for an FFSCC
charter.
(c) Requirements Placed on FFSCCs.--
(1) Credit disclosures.--
(A) Short-term credit.--With respect to an
extension of short-term credit by an FFSCC, the FFSCC
shall provide the person to whom credit is being
extended a clear and prominent statement in the loan
agreement that states the true cost of the loan in
terms of an actual finance charge per dollar of credit
extended to such person instead of the annual
percentage rate disclosure required under the Truth in
Lending Act.
(B) Long-term credit.--With respect to an extension
of long-term credit by an FFSCC, the FFSCC shall
provide the person to whom credit is being extended a
disclosure of the finance charge to be paid by the
person, expressed as an ``annual percentage rate'',
using that term.
(2) Account access.--Each FFSCC shall provide continuous
account access to the customers of the FFSCC, either through a
toll-free telephone number, the Internet, or both.
(3) Financial literacy programs.--Each FFSCC shall
implement a financial literacy program, which shall include--
(A) making financial literacy materials available
to its customers; and
(B) assisting customers in building and improving
their credit scores.
(4) Additional requirements.--Each FFSCC shall comply with
the following:
(A) Have a primary mission of providing a
comprehensive array of financial services to the
underbanked, unbanked, and consumers with low credit
scores.
(B) Serve as a vehicle for providing access to
credit products predominately to consumers who are
consider unbanked or underbanked.
(C) File articles of association, articles of
incorporation, or other appropriate organizational
documents with the Comptroller of the Currency.
(D) Submit to the Comptroller of the Currency for
approval a business plan which, among other things,
provides in reasonable detail evidence of the
knowledge, understanding, and experience of the
institution and senior management of the unique
challenges that unbanked and underbanked individuals
face with respect to access to financial credit.
(d) FFSCC Powers.--Subject to such regulations as the Comptroller
of the Currency may issue, in addition to general corporate powers, an
FFSCC shall have the power to provide the services described under each
clause of subsection (b)(1)(A).
(e) Penalty.--Whoever knowingly violates any provision of this
section, or any regulation issued pursuant to this section, shall be
fined not more than $20,000 for each day such violation continues or
imprisoned for not more than 3 years, or both.
(f) FFSCC Fee.--All FFSCCs shall pay an annual fee to the
Comptroller of the Currency in an amount that the Comptroller of the
Currency determines is sufficient, in the aggregate, to offset the cost
to the Comptroller of the Currency of carrying out the provisions of
this section.
(g) Preemption of State Law.--A law of a State or political
subdivision thereof is preempted if the application of such law would
have a discriminatory effect on a company because such company is
chartered as an FFSCC.
SEC. 4. RATES AND TERMS STUDY; DEVELOPMENT OF FINANCIAL PRODUCTS.
The Comptroller of the Currency shall--
(1) conduct a study on rates and terms used in the
extension of credit; and
(2) develop a suite of financial products that FFSCCs may
offer to underbanked persons, that will--
(A) be fair to such persons; and
(B) economically viable for FFSCCs to offer.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Consumer.--The term ``consumer'' shall have the meaning
given such term under section 103(h) of the Truth in Lending
Act (15 U.S.C. 1602(h)).
(2) Depository institution definitions.--The terms
``depository institution'' and ``insured depository
institution'' shall have the meaning given such terms under
section 3(c) of the Federal Deposit Insurance Act.
(3) Insured credit union.--The term ``insured credit
union'' shall have the meaning given such term under section
101(7) of the Federal Credit Union Act.
(4) Long-term credit.--The term ``long-term credit'' means
an extension of credit with an initial term of one year or
more.
(5) Short-term credit.--The term ``short-term credit''
means an extension of credit with an initial term of less than
one year.
(6) Small business.--The term ``small business'' means a
company with no more than 500 employees.
(7) Underbanked.--The term ``underbanked'' means a natural
person or a small business that--
(A) has a deposit account with an insured
depository institution or an insured credit union; and
(B) has limited or no ability to access
nondepository services from insured depository
institutions or insured credit unions.
(8) Underbanked person.--The term ``underbanked person''
means a natural person or a small business that is underbanked,
unbanked, or has a low credit score.
(9) Other terms.--The Comptroller of the Currency may issue
regulations to define such other terms as the Comptroller of
the Currency determines necessary to carry out this Act. | FFSCC Act of 2010 - Authorizes the Comptroller of the Currency to provide for the organization, incorporation, examination, operation, regulation, and chartering of Federal Financial Services and Credit Companies (FFSCCs) to: (1) extend short-term and long-term credit; and (2) implement financial literacy programs.
Imposes an annual fee upon FFSCCs payable to the Comptroller to offset the cost of implementing this Act.
Directs the Comptroller to: (1) study rates and terms used in the extension of credit; and (2) develop a suite of FSCC financial products that will be fair to underbanked persons and economically viable for FFSCCs to offer. | {"src": "billsum_train", "title": "To create a charter for Federal Financial Services and Credit Companies."} | 2,436 | 153 | 0.465797 | 1.446874 | 0.513774 | 4.228346 | 16.716535 | 0.92126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Innovation Tax Credit Act of 2008''.
SEC. 2. SIMPLIFICATION OF RESEARCH AND DEVELOPMENT CREDIT.
(a) Transition to Fully-Implemented Simplified Credit for Qualified
Research Expanses.--
(1) Phase-out of traditional credit.--Section 41(a) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``20 percent'' each place it
appears and inserting ``the applicable percentage'',
and
(B) by adding at the end the following new flush
sentence:
``For purposes of this subsection, the term `applicable percentage'
means 20 percent with respect to taxable years beginning in 2008 and
2009.''.
(2) Phase-in of simplified credit.--Section 41(c)(5)(A) of
such Code is amended--
(A) by striking ``12 percent'' and inserting ``the
applicable percentage'', and
(B) by adding at the end the following new
sentence: ``For purposes of the preceding sentence, the
term `applicable percentage' means 16 percent with
respect to taxable years beginning in 2008 and 18
percent with respect to taxable years beginning in
2009''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2007.
(b) Fully-Implemented Simplified Credit for Qualified Research
Expenses.--
(1) In general.--Subsection (a) of section 41 of the
Internal Revenue Code of 1986 (relating to credit for
increasing research activities) is amended to read as follows:
``(a) Determination of Credit.--
``(1) In general.--For purposes of section 38, the research
credit determined under this section for the taxable year shall
be equal to 20 percent of so much of the qualified research
expenses for such taxable year as exceeds 50 percent of the
average qualified research expenses for the 3 taxable years
preceding the taxable year for which the credit is being
determined.
``(2) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(A) Taxpayers to which paragraph applies.--The
credit under this section shall be determined under
this paragraph if the taxpayer has no qualified
research expenses in at least 1 of the 3 taxable years
preceding the taxable year for which the credit is
being determined.
``(B) Credit rate.--The credit determined under
this paragraph shall be equal to 10 percent of the
qualified research expenses for the taxable year.''.
(2) Conforming amendment.--Section 41 of such Code is
amended by striking subsection (c).
(c) Uniform Reimbursement Rates for All Contract Research Expenses
Other Than Amounts Paid for Basic Research.--
(1) In general.--Section 41(b)(3) of the Internal Revenue
Code of 1986 (relating to contract research expenses) is
amended--
(A) by striking ``65 percent'' and inserting ``80
percent'', and
(B) by striking subparagraphs (C) and (D).
(2) Basic research payments.--Section 41(b) of such Code is
amended by redesignating paragraph (4) as paragraph (5) and by
inserting after paragraph (3) the following new paragraph:
``(4) Basic research payments.--
``(A) In general.--In the case of basic research
payments by the taxpayer, paragraph (3)(A) shall be
applied by substituting `100 percent' for `80 percent'.
``(B) Basic research payments defined.--For
purposes of this paragraph--
``(i) In general.--The term `basic research
payment' means, with respect to any taxable
year, any amount paid in cash during such
taxable year by a corporation to any qualified
organization for basic research but only if--
``(I) such payment is pursuant to a
written agreement between such
corporation and such qualified
organization, and
``(II) such basic research is to be
performed by such qualified
organization.
``(ii) Exception to requirement that
research be performed by the organization.--In
the case of a qualified organization described
in clause (iii) or (iv) of subparagraph (C),
subclause (II) of clause (i) shall not apply.
``(C) Qualified organization.--For purposes of this
paragraph, the term `qualified organization' means any
of the following organizations:
``(i) Educational institutions.--Any
educational organization which--
``(I) is an institution of higher
education (within the meaning of
section 3304(f)), and
``(II) is described in section
170(b)(1)(A)(ii).
``(ii) Certain scientific research
organizations.--Any organization not described
in clause (i) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a),
``(II) is organized and operated
primarily to conduct scientific
research, and
``(III) is not a private
foundation.
``(iii) Scientific tax-exempt
organizations.--Any organization which--
``(I) is described in section
501(c)(3) (other than a private
foundation) or section 501(c)(6),
``(II) is exempt from tax under
section 501(a),
``(III) is organized and operated
primarily to promote scientific
research by qualified organizations
described in clause (i) pursuant to
written research agreements, and
``(IV) currently expends
substantially all of its funds or
substantially all of the basic research
payments received by it for grants to,
or contracts for basic research with,
an organization described in clause
(i).
``(iv) Certain grant organizations.--Any
organization not described in clause (ii) or
(iii) which--
``(I) is described in section
501(c)(3) and is exempt from tax under
section 501(a) (other than a private
foundation),
``(II) is established and
maintained by an organization
established before July 10, 1981, which
meets the requirements of subclause
(I),
``(III) is organized and operated
exclusively for the purpose of making
grants to organizations described in
clause (i) pursuant to written research
agreements for purposes of basic
research, and
``(IV) makes an election, revocable
only with the consent of the Secretary,
to be treated as a private foundation
for purposes of this title (other than
section 4940, relating to excise tax
based on investment income).
``(D) Definitions and special rules.--For purposes
of this paragraph--
``(i) Basic research.--The term `basic
research' means any original investigation for
the advancement of scientific knowledge not
having a specific commercial objective, except
that such term shall not include--
``(I) basic research conducted
outside of the United States, and
``(II) basic research in the social
sciences, arts, or humanities.
``(ii) Trade or business qualification.--
For purposes of applying paragraph (1) to this
paragraph, any basic research payments shall be
treated as an amount paid in carrying on a
trade or business of the taxpayer in the
taxable year in which it is paid (without
regard to the provisions of paragraph (3)(B)).
``(iii) Certain corporations not
eligible.--The term `corporation' shall not
include--
``(I) an S corporation,
``(II) a personal holding company
(as defined in section 542), or
``(III) a service organization (as
defined in section 414(m)(3)).''.
(3) Conforming amendments.--
(A) Section 41 of such Code is amended by striking
subsection (e).
(B) Section 41(f) of such Code is amended by
striking paragraph (6).
(C) Section 45C(b)(1(B)(ii) of such Code is amended
by striking ``65 percent'' and inserting ``80
percent''.
(d) Permanent Extension of Credit.--
(1) In general.--Section 41 of the Internal Revenue Code of
1986 is amended by striking subsection (h).
(2) Conforming amendment.--Paragraph (1) of section 45C(b)
of such Code is amended by striking subparagraph (D).
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2006.
(e) Conforming Amendments.--
(1) Section 41 of the Internal Revenue Code of 1986 is
amended by redesignating subsections (d), (f), and (g) as
subsections (c), (d), and (e), respectively.
(2) Paragraphs (2)(A) and (5) (as redesignated by
subsection (b)(2)) of section 41(b) of such Code are each
amended by striking ``subsection (f)(1)'' and inserting
``subsection (d)(1)''.
(3) Sections 45C(d)(3), 45G(e)(2), and
936(h)(5)(C)(i)(IV)(c) of such Code are each amended by
striking ``section 41(f)'' and inserting ``section 41(d)''.
(4) Section 54(l)(3)(A) of such Code is amended by striking
``section 41(g)'' and inserting ``section 41(e)''.
(5) Section 170(e)(4)(B)(i) of such Code is amended by
striking ``subparagraph (A) or subparagraph (B) of section
41(e)(6)'' and inserting ``clause (i) or (ii) of section
41(b)(4)(C)''.
(6) Sections 197(f)(1)(C), 197(f)(9)(C)(i)(II), and
280C(b)(3) of such Code are each amended by striking ``section
41(f)(1)'' and inserting ``section 41(d)(1)''.
(7) Section 280C(b)(3) of such Code is amended by striking
``section 41(f)(5)'' and inserting ``section 41(d)(5)''.
(8) Section 280C(b)(3) of such Code is amended by striking
``section 41(f)(1)(B)'' and inserting ``section 41(d)(1)(B)''.
(9) Section 280C(c)(1) of such Code is amended by striking
``section 41(e)(2)'' and inserting ``section 41(b)(4)(B)''.
(10) Section 280C(c)(2)(A) of such Code is amended by
striking ``section 41(a)(1)'' and inserting ``section 41(a)''.
(11) Sections 936(j)(5)(D) and 965(c)(2)(C)(i) of such Code
are each amended by striking ``section 41(f)(3)'' and inserting
``section 41(d)(3)''.
(f) Effective Date.--Except as otherwise provided in this section,
the amendments made by this section shall apply to taxable years
beginning after December 31, 2009.
(g) Study of Compliance With Substantiation Requirements.--The
Secretary of the Treasury or his delegate shall, not later than 1 year
after the date of the enactment of this Act, conduct a study of
taxpayer compliance with the substantiation requirements for claiming
the credit allowed under section 41 of the Internal Revenue Code of
1986, including a study of--
(1) whether taxpayers maintain adequate record keeping to
determine eligibility for, and correct amount of, the credit,
(2) the impact of failure to comply with such requirements
on the oversight and enforcement responsibilities of the
Internal Revenue Service, and
(3) the burdens imposed on other taxpayers by failure to
comply with such requirements.
The Secretary shall report the results of such study to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate, including any recommendations for administrative
or legislative actions which could be taken to improve compliance with
such requirements. | Innovation Tax Credit Act of 2008 - Amends the Internal Revenue Code to revise the tax credit for increasing research activities by: (1) phasing in increases in the alternative simplified tax credit rate through 2009; (2) establishing a 20% alternative simplified tax credit rate in 2010 in lieu of the standard research tax credit rate; (3) increasing the amount of basic and contract research expenses eligible for such tax credit; and (4) making such tax credit permanent. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide incentives to improve America's research competitiveness, and for other purposes."} | 2,756 | 94 | 0.590466 | 1.368998 | 0.615089 | 1.846154 | 26.274725 | 0.791209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Minnesota Chippewa Tribe Judgment
Fund Distribution Act of 2012''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On January 22, 1948, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red Lake
Band, filed a claim before the Indian Claims Commission in Docket
No. 19 for an accounting of all funds received and expended
pursuant to the Act of January 14, 1889, 25 Stat. 642, and
amendatory acts (hereinafter referred to as the Nelson Act).
(2) On August 2, 1951, the Minnesota Chippewa Tribe,
representing all Chippewa bands in Minnesota except the Red Lake
Band, filed a number of claims before the Indian Claims Commission
in Docket No. 188 for an accounting of the Government's obligation
to each of the member bands of the Minnesota Chippewa Tribe under
various statutes and treaties that are not covered by the Nelson
Act of January 14, 1889.
(3) On May 17, 1999, a Joint Motion for Findings in Aid of
Settlement of the claims in Docket No. 19 and 188 was filed before
the Court.
(4) The terms of the settlement were approved by the Court and
the final judgment was entered on May 26, 1999.
(5) On June 22, 1999, $20,000,000 was transferred to the
Department of the Interior and deposited into a trust fund account
established for the beneficiaries of the funds awarded in Docket
No. 19 and 188.
(6) Pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to
authorize the use or distribution of the judgment funds.
(7) On October 1, 2009, the Minnesota Chippewa Tribal Executive
Committee passed Resolution 146-09, approving a plan to distribute
the judgment funds and requesting that the United States Congress
act to distribute the judgment funds in the manner described by the
plan.
SEC. 3. DEFINITIONS.
For the purpose of this Act:
(1) Available funds.--The term ``available funds'' means the
funds awarded to the Minnesota Chippewa Tribe and interest earned
and received on those funds, less the funds used for payments
authorized under section 4.
(2) Bands.--The term ``Bands'' means the Bois Forte Band, Fond
du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band,
and White Earth Band.
(3) Judgment funds.--The term ``judgment funds'' means the
funds awarded on May 26, 1999, to the Minnesota Chippewa Tribe by
the Court of Federal Claims in Docket No. 19 and 188.
(4) Minnesota chippewa tribe.--The term ``Minnesota Chippewa
Tribe'' means the Minnesota Chippewa Tribe, Minnesota, composed of
the Bois Forte Band, Fond du Lac Band, Grand Portage Band, Leech
Lake Band, Mille Lacs Band, and White Earth Band. It does not
include Red Lake Band of Chippewa Indians, Minnesota.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE.
(a) In General.--The Secretary is authorized to reimburse the
Minnesota Chippewa Tribe the amount of funds, plus interest earned to
the date of reimbursement, that the Minnesota Chippewa Tribe
contributed for payment of attorneys' fees and litigation expenses
associated with the litigation of Docket No. 19 and 188 before the U.S.
Court of Federal Claims and the distribution of judgment funds.
(b) Claims.--The Minnesota Chippewa Tribe's claim for reimbursement
of funds expended shall be--
(1) presented to the Secretary not later than 90 days after the
date of enactment of this Act;
(2) certified by the Minnesota Chippewa Tribe as being
unreimbursed to the Minnesota Chippewa Tribe from other funding
sources;
(3) paid with interest calculated at the rate of 6.0 percent
per annum, simple interest, from the date the funds were expended
to the date the funds are reimbursed to the Minnesota Chippewa
Tribe; and
(4) paid from the judgment funds prior to the division of the
funds under section 5.
SEC. 5. DIVISION OF JUDGMENT FUNDS.
(a) Membership Rolls.--Not later than 90 days after the date of the
enactment of this Act, the Minnesota Chippewa Tribe shall submit to the
Secretary updated membership rolls for each Band, which shall include
all enrolled members the date of the enactment of this Act.
(b) Divisions.--After all funds have been reimbursed under section
4, and the membership rolls have been updated under subsection (a), the
Secretary shall--
(1) set aside for each Band a portion of the available judgment
funds equivalent to $300 for each member enrolled within each Band;
and
(2) after the funds are set aside in accordance with paragraph
(1), divide 100 percent of the remaining funds into equal shares
for each Band.
(c) Separate Accounts.--The Secretary shall--
(1) deposit all funds described in subsection (b)(1) into a
``Per Capita'' account for each Band; and
(2) deposit all funds described in subsection (b)(2) into an
``Equal Shares'' account for each Band.
(d) Withdrawal of Funds.--After the Secretary deposits the
available funds into the accounts described in subsection (c), a Band
may withdraw all or part of the monies in its account.
(e) Disbursement of Per Capita Payments.--All funds described in
subsection (b)(1) shall be used by each Band only for the purposes of
distributing one $300 payment to each individual member of the Band.
Each Band may--
(1) distribute the $300 payment to the parents or legal
guardians on behalf of each dependent Band member instead of
distributing such $300 payment to the dependent Band member; or
(2) deposit into a trust account the $300 payment to each
dependent Band member for the benefit of such dependent Band
member, to be distributed under the terms of such trust.
(f) Distribution of Unclaimed Payments.--One year after the funds
described in subsection (b)(1) are made available to the Bands, all
unclaimed payments described in subsection (e) shall be returned to the
Secretary, who shall divide these funds into equal shares for each
Band, and deposit the divided shares into the accounts described in
subsection (c)(2) for the use of each Band.
(g) Liability.--If a Band exercises the right to withdraw monies
from its accounts, the Secretary shall not retain liability for the
expenditure or investment of the monies after each withdrawal.
SEC. 6. GENERAL PROVISIONS.
(a) Previous Obligations.--Funds disbursed under this Act shall not
be liable for the payment of previously contracted obligations of any
recipient as provided in Public Law 98-64 (25 U.S.C. 117b(a)).
(b) Indian Judgment Funds Distribution Act.--All funds distributed
under this Act are subject to the provisions in the Indian Judgment
Funds Distribution Act (25 U.S.C. 1407).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2012 - (Sec. 4) Authorizes the Secretary of the Interior to reimburse the Minnesota Chippewa Tribe for the amount, plus interest, that the Tribe contributed for the payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and No. 188 before the U.S. Court of Federal Claims and the distribution of judgment funds.
Requires the Tribe's claim for reimbursement of expended funds to be certified by the Tribe as being unreimbursed to it from other funding sources.
Requires payment of interest on such funds at the rate of 6% per year from the date such funds were expended until they are reimbursed to the Tribe.
Requires use of the judgment funds to reimburse the Tribe for those attorneys' fees and litigation expenses. (Sec. 5) Requires the Tribe to provide the Secretary with updated membership rolls for the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band of the Tribe.
Directs the Secretary to: (1) distribute to each Band, from the remaining judgment funds, an amount sufficient to enable each Band to pay $300 to each Band member; and (2) divide the funds that remain after that distribution, as well as unclaimed payments, into equal shares for each Band.
(Sec. 6) Prohibits funds disbursed under this Act from being liable for the payment of a recipient's previously contracted obligations. | {"src": "billsum_train", "title": "To provide for the use and distribution of the funds awarded to the Minnesota Chippewa Tribe, et al, by the United States Court of Federal Claims in Docket Numbers 19 and 188, and for other purposes."} | 1,664 | 350 | 0.656174 | 2.285908 | 0.699598 | 3.868056 | 5.083333 | 0.923611 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Integrity Act of 1999''.
TITLE I--SOFT MONEY AND CONTRIBUTIONS AND EXPENDITURES OF POLITICAL
PARTIES
SEC. 101. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND
CANDIDATES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``ban on use of soft money by national political parties and candidates
``Sec. 323. (a) National Parties.--A national committee of a
political party, including the national congressional campaign
committees of a political party, and any officers or agents of such
party committees, may not solicit, receive, or direct any
contributions, donations, or transfers of funds, or spend any funds,
which are not subject to the limitations, prohibitions, and reporting
requirements of this Act. This subsection shall apply to any entity
that is established, financed, maintained, or controlled (directly or
indirectly) by, or acting on behalf of, a national committee of a
political party, including the national congressional campaign
committees of a political party, and any officers or agents of such
party committees.
``(b) Candidates.--
``(1) In general.--No candidate for Federal office,
individual holding Federal office, or any agent of such
candidate or officeholder may solicit, receive, or direct--
``(A) any funds in connection with any Federal
election unless such funds are subject to the
limitations, prohibitions and reporting requirements of
this Act;
``(B) any funds that are to be expended in
connection with any election for other than a Federal
office unless such funds are not in excess of the
amounts permitted with respect to contributions to
Federal candidates and political committees under
section 315(a)(1) and (2), and are not from sources
prohibited from making contributions by this Act with
respect to elections for Federal office; or
``(C) any funds on behalf of any person which are
not subject to the limitations, prohibitions, and
reporting requirements of this Act if such funds are
for the purpose of financing any activity on behalf of
a candidate for election for Federal office or any
communication which refers to a clearly identified
candidate for election for Federal office.
``(2) Exception for certain activities.--Paragraph (1)
shall not apply to--
``(A) the solicitation or receipt of funds by an
individual who is a candidate for a non-Federal office
if such activity is permitted under State law for such
individual's non-Federal campaign committee; or
``(B) the attendance by an individual who holds
Federal office or is a candidate for election for
Federal office at a fundraising event for a State or
local committee of a political party of the State which
the individual represents or seeks to represent as a
Federal officeholder, if the event is held in such
State.
``(c) Prohibiting Transfers of Non-Federal Funds Between State
Parties.--A State committee of a political party may not transfer any
funds to a State committee of a political party of another State unless
the funds are subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(d) Applicability to Funds From All Sources.--This section shall
apply with respect to funds of any individual, corporation, labor
organization, or other person.''.
SEC. 102. INCREASE IN AGGREGATE ANNUAL LIMIT ON CONTRIBUTIONS BY
INDIVIDUALS TO POLITICAL PARTIES.
(a) In General.--The first sentence of section 315(a)(3) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended
by striking ``in any calendar year'' and inserting the following: ``to
political committees of political parties, or contributions aggregating
more than $25,000 to any other persons, in any calendar year''.
(b) Conforming Amendment.--Section 315(a)(1)(B) of such Act (2
U.S.C. 441a(a)(1)(B)) is amended by striking ``$20,000'' and inserting
``$25,000''.
SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES
BY POLITICAL PARTIES.
(a) In General.--Section 315(d) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(d)) is amended by striking paragraphs (2)
and (3).
(b) Conforming Amendments.--Section 315(d)(1) of such Act (2 U.S.C.
441a(d)(1)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)''; and
(2) by striking ``, subject to the limitations contained in
paragraphs (2) and (3) of this subsection''.
SEC. 104. INCREASE IN LIMIT ON CONTRIBUTIONS BY MULTICANDIDATE
POLITICAL COMMITTEES TO NATIONAL POLITICAL PARTIES.
Section 315(a)(2)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(2)(B)) is amended by striking ``$15,000'' and
inserting ``$20,000''.
TITLE II--INDEXING CONTRIBUTION LIMITS
SEC. 201. INDEXING CONTRIBUTION LIMITS.
Section 315(c) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(c)) is amended by adding at the end the following new
paragraph:
``(3)(A) The amount of each limitation established under subsection
(a) shall be adjusted as follows:
``(i) For calendar year 2001, each such amount shall be
equal to the amount described in such subsection, increased (in
a compounded manner) by the percentage increase in the price
index (as defined in subsection (c)(2)) for each of the years
1999 through 2000.
``(ii) For calendar year 2005 and each fourth subsequent
year, each such amount shall be equal to the amount for the
fourth previous year (as adjusted under this subparagraph),
increased (in a compounded manner) by the percentage increase
in the price index for each of the four previous years.
``(B) In the case of any amount adjusted under this subparagraph
which is not a multiple of $100, the amount shall be rounded to the
nearest multiple of $100.''.
TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION
SEC. 301. DISCLOSURE OF CERTAIN COMMUNICATIONS.
(a) In General.--Any person who expends an aggregate amount of
funds during a calendar year in excess of $25,000 for communications
described in subsection (b) relating to a single candidate for election
for Federal office (or an aggregate amount of funds during a calendar
year in excess of $100,000 for all such communications relating to all
such candidates) shall file a report describing the amount expended for
such communications, together with the person's address and phone
number (or, if appropriate, the address and phone number of the
person's principal officer).
(b) Communications Described.--A communication described in this
subsection is any communication which is broadcast to the general
public through radio or television and which mentions or includes (by
name, representation, or likeness) any candidate for election for
Senator or for Representative in (or Delegate or Resident Commissioner
to) the Congress, other than any communication which would be described
in clause (i), (iii), or (v) of section 301(9)(B) of the Federal
Election Campaign Act of 1971 if the payment were an expenditure under
such section.
(c) Deadline for Filing.--A person shall file a report required
under subsection (a) not later than 7 days after the person first
expends the applicable amount of funds described in such subsection,
except that in the case of a person who first expends such an amount
within 10 days of an election, the report shall be filed not later than
24 hours after the person first expends such amount. For purposes of
the previous sentence, the term ``election'' shall have the meaning
given such term in section 301(1) of the Federal Election Campaign Act
of 1971.
(d) Place of Submission.--Reports required under subsection (a)
shall be submitted--
(1) to the Clerk of the House of Representatives, in the
case of a communication involving a candidate for election for
Representative in (or Delegate or Resident Commissioner to) the
Congress; and
(2) to the Secretary of the Senate, in the case of a
communication involving a candidate for election for Senator.
(e) Penalties.--Whoever knowingly fails to--
(1) remedy a defective filing within 60 days after notice
of such a defect by the Secretary of the Senate or the Clerk of
the House of Representatives; or
(2) comply with any other provision of this section,
shall, upon proof of such knowing violation by a preponderance of the
evidence, be subject to a civil fine of not more than $50,000,
depending on the extent and gravity of the violation.
SEC. 302. REQUIRING MONTHLY FILING OF REPORTS.
(a) Principal Campaign Committees.--Section 304(a)(2)(A)(iii) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii))
is amended to read as follows:
``(iii) monthly reports, which shall be filed no
later than the 20th day after the last day of the month
and shall be complete as of the last day of the month,
except that, in lieu of filing the reports otherwise
due in November and December of the year, a pre-general
election report shall be filed in accordance with
clause (i), a post-general election report shall be
filed in accordance with clause (ii), and a year end
report shall be filed no later than January 31 of the
following calendar year.''.
(b) Other Political Committees.--Section 304(a)(4) of such Act (2
U.S.C. 434(a)(4)) is amended to read as follows:
``(4)(A) In a calendar year in which a regularly scheduled general
election is held, all political committees other than authorized
committees of a candidate shall file--
``(i) monthly reports, which shall be filed no later than
the 20th day after the last day of the month and shall be
complete as of the last day of the month, except that, in lieu
of filing the reports otherwise due in November and December of
the year, a pre-general election report shall be filed in
accordance with clause (ii), a post-general election report
shall be filed in accordance with clause (iii), and a year end
report shall be filed no later than January 31 of the following
calendar year;
``(ii) a pre-election report, which shall be filed no later
than the 12th day before (or posted by registered or certified
mail no later than the 15th day before) any election in which
the committee makes a contribution to or expenditure on behalf of a
candidate in such election, and which shall be complete as of the 20th
day before the election; and
``(iii) a post-general election report, which shall be
filed no later than the 30th day after the general election and
which shall be complete as of the 20th day after such general
election.
``(B) In any other calendar year, all political committees other
than authorized committees of a candidate shall file a report covering
the period beginning January 1 and ending June 30, which shall be filed
no later than July 31 and a report covering the period beginning July 1
and ending December 31, which shall be filed no later than January 31
of the following calendar year.''.
(c) Conforming Amendments.--(1) Section 304(a) of such Act (2
U.S.C. 434(a)) is amended by striking paragraph (8).
(2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is amended by
striking ``for the calendar quarter'' and inserting ``for the month''.
SEC. 303. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS.
(a) In General.--Section 304(a)(11)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking
the period at the end and inserting the following: ``, except that the
Commission shall require the reports to be filed and preserved by such
means, format, or method, unless the aggregate amount of contributions
or expenditures (as the case may be) reported by the committee in all
reports filed with respect to the election involved (taking into
account the period covered by the report) is less than $50,000.''.
(b) Providing Standardized Software Package.--Section 304(a)(11) of
such Act (2 U.S.C. 434(a)(11)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The Commission shall make available without charge a
standardized package of software to enable persons filing reports by
electronic means to meet the requirements of this paragraph.''.
SEC. 304. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON
OCCUPATION OF INDIVIDUAL CONTRIBUTORS.
Section 302(i) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(i)) is amended--
(1) by striking ``(i) When the treasurer'' and inserting
``(i)(1) Except as provided in paragraph (2), when the
treasurer''; and
(2) by adding at the end the following new paragraph:
``(2) Paragraph (1) shall not apply with respect to information
regarding the occupation or the name of the employer of any individual
who makes a contribution or contributions aggregating more than $200
during a calendar year (as required to be provided under subsection
(c)(3)).''.
TITLE IV--EFFECTIVE DATE
SEC. 401. EFFECTIVE DATE.
This Act and the amendments made by this Act shall apply with
respect to elections occurring after January 2001. | TABLE OF CONTENTS:
Title I: Soft Money and Contributions and Expenditures of
Political Parties
Title II: Indexing Contribution Limits
Title III: Expanding Disclosure of Campaign Finance
Information
Title IV: Effective Date
Campaign Integrity Act of 1999 -
Title I: Soft Money and Contributions and Expenditures of Political Parties
- Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit any national committee of a political party, including the national congressional campaign committees of a political party, and any party committee officers or agents, from soliciting, receiving, or directing any contributions, donations, or transfers of funds, or spending any funds, which are not subject to the limitations, prohibitions, and reporting requirements of such Act.
Declares that no candidate for Federal office, individual holding Federal office, or any agent of such candidate or officeholder may solicit, receive, or direct: (1) any funds in connection with any Federal election unless they are subject to the limitations, prohibitions, and reporting requirements of such Act; (2) any funds that are to be expended in connection with any non-Federal election unless they are not in excess of the amounts permitted contributions to Federal candidates and political committees, and are not from prohibited sources; or (3) any funds on behalf of any person which are not subject to the limitations, prohibitions, and reporting requirements of such Act if such funds are for the purpose of financing any activity on behalf of a candidate for election to Federal office or any communication which refers to a clearly identified candidate for election to Federal office.
Exempts from the prohibitions of this Act: (1) the solicitation or receipt of funds by a candidate for a non-Federal office if such activity is permitted under State law; or (2) the attendance by a Federal office-holder or a candidate for election to Federal office at a fundraising event for a State or local committee of a political party of the State which the individual represents or seeks to represent as a Federal officeholder, if the event is held in that State.
Prohibits a State committee of a political party from transferring any funds to a State committee of a political party of another State, except according to the limitations, prohibitions, and reporting requirements of such Act.
(Sec. 102) Increases the aggregate annual limit on contributions by individuals to political parties from $20,000 to $25,000.
(Sec. 103) Repeals limitations on the amount of coordinated expenditures by the national and State committees of political parties.
(Sec. 104) Increases from $15,000 to $20,000 the limit on contributions by multicandidate political committees (PACs) to national political parties.
Title II: Indexing Contribution Limits
- Amends FECA to mandate indexing of contribution limits, according to a specified formula involving the Consumer Price Index, beginning calendar 2001.
Title III: Expanding Disclosure of Campaign Finance Information
- Prescribes reporting requirements for expenditures for radio or television broadcast communications regarding a candidate for the Senate or the House of Representatives. Applies such requirements to any person who expends an aggregate amount of more than $25,000 during a calendar year for such communications relating to a single candidate for election to Federal office (or an aggregate amount of more than $100,000 during a calendar year for all such communications relating to all such candidates).
Establishes civil fines for violations of such requirements.
(Sec. 302) Amends FECA to require the principal campaign committees of candidates for the Senate or the House, and all political committees other than authorized committees of such a candidate, to file monthly reports (instead of quarterly reports, as currently), by specified deadlines.
(Sec. 303) Directs the Federal Election Commission (FEC) to require electronic filing of campaign finance reports, unless the aggregate amount of contributions or expenditures (as the case may be) reported by the committee in all reports filed with respect to the election involved (taking into account the period covered by the report) is less than $50,000.
Requires the FEC to make available without charge a standardized package of software to enable persons filing reports by electronic means to meet such requirements.
(Sec. 304) Revises the waiver of strict compliance with FECA reporting requirements where a political committee's treasurer shows that best efforts have been used to obtain, maintain, and submit the information required. Denies such a waiver with respect to information regarding the occupation or the name of the employer of any individual who makes a contribution or contributions aggregating more than $200 during a calendar year.
Title IV: Effective Date
- Sets forth the effective date of this Act. | {"src": "billsum_train", "title": "Campaign Integrity Act of 1999"} | 3,353 | 1,022 | 0.788958 | 2.605226 | 0.852844 | 4.929047 | 3.152993 | 0.922395 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literacy, Education, and
Rehabilitation Act''.
SEC. 2. CREDIT FOR PARTICIPATION IN EDUCATIONAL, VOCATIONAL, TREATMENT,
ASSIGNED WORK, OR OTHER DEVELOPMENTAL PROGRAMS.
(a) In General.--Section 3624 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``as provided in
subsection (b)'';
(2) by redesignating subsections (c), (d), (e), and (f), as
subsections (d), (e), (f), and (g); and
(3) by inserting after subsection (b) the following new
subsection:
``(c) Credit Toward Service of Sentence for Satisfactory
Participation in a Designated Program.--
``(1) In general.--Subject to paragraphs (2) and (3), a
prisoner serving a term of imprisonment of more than 1 year may
receive credit toward the service of the prisoner's sentence,
in addition to any other credit received, beyond the time
already served, of up to 60 days at the end of each year of the
court-imposed sentence, beginning at the end of the first year
of such sentence. Credit for the last year or portion of a year
of the term of imprisonment shall be prorated and credited
within the last 6 weeks of the sentence.
``(2) Satisfactory participation in designated program.--A
prisoner shall be awarded credit under paragraph (1) if the
Director of the Bureau of Prisons determines that the prisoner
has earned, or is making satisfactory progress toward earning,
a certificate of completion in a designated program, has
satisfactorily participated in a designated program, or has
taught or conducted a designated program.
``(3) Number of days of credit awarded.--
``(A) In general.--The Director of the Bureau of
Prisons shall determine and establish a policy setting
forth the rate of the number of days of credit which a
prisoner may be awarded under this subsection with
respect to any designated program.
``(B) Specific considerations.--In determining the
number of days of credit a prisoner may be awarded with
respect to a designated program, the Director of the
Bureau of Prisons shall consider--
``(i) the level of difficulty of the
program;
``(ii) the time required by the program;
``(iii) the level of responsibility
expected of the prisoner with respect to the
program;
``(iv) the rehabilitative benefits the
program provides the prisoner; and
``(v) the benefits the program provides the
Bureau of Prisons.
``(C) Availability to prisoners.--The Director of
the Bureau of Prisons shall make the policy applicable
to credit awarded under this subsection available for
each prisoner to review prior to that prisoner's
participation in any designated program.
``(4) Eligibility.--Any person sentenced to a term of
imprisonment under custody of the Attorney General, whether
sentenced or convicted prior to or after November 1, 1987,
shall be eligible for the credits described in this subsection.
``(5) Designated program.--The term `designated program'
means a program which has been designated by the Director of
the Bureau of Prisons as a program which benefits either
prisoners or the Bureau of Prisons, including--
``(A) educational and vocational programs, such as
courses and programs through which a prisoner may earn
a high school diploma or an equivalent degree or
certification through an accredited vocational training
program, college, or university;
``(B) treatment programs, such as interventional
rehabilitation programs, including mental health and
drug abuse programs; and
``(C) assigned work and developmental programs.''.
(b) Prisoners Transferred From Foreign Countries to the Custody of
the Attorney General.--
(1) In general.--The second sentence of section 4105(c)(1)
of title 18, United States Code, is amended by inserting ``and
for participation in designated programs under section
3624(c)'' after ``satisfactory behavior''.
(2) Conforming amendments.--Section 4105(c) of title 18,
United States Code, is amended--
(A) by striking ``at the rate provided in section
3624(b)'' each place it appears and inserting ``at the
rates provided in sections 3624(b) and (c)''; and
(B) in paragraph (3), by striking ``section
3624(b)'' and inserting ``sections 3624(b) and (c)''.
(c) Conforming Amendments.--
(1) Title 18.--Section 3603(6) of title 18, United States
Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
(2) Title 28.--Section 994(a)(2)(F) of title 28, United
States Code, is amended by striking ``3624(c)'' and inserting
``3624(d)''.
SEC. 3. GOOD TIME CREDIT.
(a) In General.--Section 3624(b)(1) of title 18, United States
Code, is amended by striking ``, beyond the time served, of up to 54
days at the end of each year of the prisoner's term of imprisonment,
beginning at the end of the first year of the term,'' and inserting
``of up to 54 days for each year of the prisoner's sentence imposed by
the court,''.
(b) Restoration of Credit.--Section 3624(b)(1) is amended by
striking the sentence beginning ``Credit that has not been earned'' and
inserting ``The Bureau may subsequently restore any or all credit
previously denied, based on the prisoner's maintaining good behavior as
determined by the Bureau.''.
(c) Applicability.--The amendments made by this section apply with
respect to each prison sentence that has not been completed before the
effective date of this Act, except any sentence imposed before November
1, 1987.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect upon
the expiration of the 90-day period beginning on the date of the
enactment of this Act. | Literacy, Education, and Rehabilitation Act - Amends the federal criminal code to allow a prisoner serving a term of imprisonment of more than one year to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs.
Requires the Director of the Bureau to establish the number of days of credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program.
Makes any person sentenced to a term of imprisonment under the Attorney General's custody eligible for the credits, including prisoners transferred from foreign countries.
Allows: (1) federal prisoners to earn up to 54 days of credit toward the service of a sentence for each year of the prisoner's sentence imposed by the court if the Bureau determines the prisoner has displayed exemplary compliance with institutional disciplinary regulations; and (2) the Bureau to restore credit previously denied to a prisoner, based on such prisoner maintaining good behavior. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to award credit toward the service of a sentence to prisoners who participate in designated educational, vocational, treatment, assigned work, or other developmental programs, and for other purposes."} | 1,424 | 260 | 0.663876 | 1.848895 | 0.80845 | 3.078261 | 5.495652 | 0.913043 |
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