text
stringlengths 0
479k
| summary
stringlengths 1
35.4k
| provenance
stringlengths 41
999
| t5_text_token_count
int64 1
124k
| t5_summary_token_count
int64 2
10.2k
| contriever_cos
float64 0.03
1
| contriever_dot
float64 0.1
4.89
| reward
float64 -2.28
2.43
| density
float64 0
1.15k
| compression
float64 0
16.3k
| coverage
float64 0
1
|
|---|---|---|---|---|---|---|---|---|---|---|
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Medically
Underserved Access to Care Act of 1999''.
(b) Findings.--Congress finds the following:
(1) Minority individuals living in medically underserved
areas are generally less well-off socioeconomically, and are
often sicker than the population that managed care
organizations traditionally serve.
(2) Many managed care organizations are not equipped to
deal effectively with minorities in underserved areas and
consequently may offer lower quality health care in such areas.
(3) Often managed care organizations do not contract with
physicians and other community-based service providers who
traditionally serve medically underserved areas.
(4) There is a concern among minority physicians that
selective marketing practices and referral processes may keep
minority and community-based physicians out of some managed
care organizations.
(5) Managed care organizations sometimes exclude physicians
and other community-based health care providers who
traditionally provide service to underserved areas; this is
particularly the case among minority physicians who may be well
established in their community based practices but are not
board certified.
SEC. 2. REQUIREMENT FOR SERVICE TO AREAS THAT INCLUDE A MEDICALLY
UNDERSERVED POPULATION.
(a) Requirement.--
(1) In general.--A managed care organization offering a
managed care plan shall establish and maintain adequate
arrangements, as defined under regulations of the Secretary,
with a sufficient number, mix, and distribution of health care
professionals and providers to assure that covered items and
services are available and accessible to each enrollee under
the plan--
(A) in the service area of the organization;
(B) in a variety of sites of service;
(C) with reasonable promptness (including
reasonable hours of operation and after-hours
services);
(D) with reasonable proximity to the residences and
workplaces of enrollees; and
(E) in a manner that--
(i) takes into account the diverse needs of
enrollees; and
(ii) reasonably assures continuity of care.
(2) Treatment of organizations serving certain areas.--For
a managed care organization that serves a medically underserved
area, the organization shall be treated as meeting the
requirement of paragraph (1) if the organization has
arrangements with a sufficient number, mix, and distribution of
health care professionals and providers having a history of
serving such areas.
(b) Enforcement of Requirements.--
(1) Application to group health plans.--
(A) Public health service act.--For purposes of
applying title XXVII of the Public Health Service Act,
the requirements of subsection (a) shall be treated as
though they were included in subpart 2 of part A of
such title (42 U.S.C. 300gg-4 et seq.).
(B) Employee retirement income security act of
1974.--For purposes of applying part 7 of subtitle B of
title I of the Employee Retirement Income Security Act
of 1974, the requirements of subsection (a) shall be
treated as though they were included in subpart B of
such part (29 U.S.C. 1185 et seq.).
(C) Internal revenue code of 1986.--For purposes of
applying chapter 100 of the Internal Revenue Code of
1986, the requirements of subsection (a) shall be
treated as though they were included in subchapter B of
such chapter.
(2) Application to individual health insurance coverage.--
For purposes of applying title XXVII of the Public Health
Service Act, the requirements of subsection (a) also shall be
treated as though they were part of subpart 2 of part B of such
title (42 U.S.C. 300gg-51 et seq.).
(3) Medicare.--The Secretary may not enter into a contract
under section 1857 of the Social Security Act (42 U.S.C. 1395w-
27) with a Medicare+Choice organization that is a managed care
organization unless the contract contains assurances
satisfactory to the Secretary that the organization will comply
with the applicable requirements of subsection (a) of this Act.
(4) Medicaid.--Notwithstanding any other provision of law,
no funds shall be paid to a State under section 1903(a)(1) of
the Social Security Act (42 U.S.C. 1396b(a)(1)) with respect to
medical assistance provided through payment to a medicaid
managed care organization (as defined in section 1903(m)(1)(A)
of such Act, 42 U.S.C. 1396b(m)(1)(A)) unless the contract with
such organization contains assurances satisfactory to the
Secretary that the organization will comply with the applicable
requirements of subsection (a) of this Act.
SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.
(a) In General.--The Secretary shall establish a program in the
Office of Minority Health of the Department of Health and Human
Services to award competitive grants to eligible nongovernmental
agencies to enable such agencies to develop outreach programs to--
(1) inform individuals in medically underserved areas how
to access managed care organizations in their communities; and
(2) assist physicians and other health care professionals
who serve in medically underserved areas to enroll as providers
in managed care organizations in their communities.
(b) Eligibility and Amount.--
(1) Eligibility.--The criteria necessary to receive a grant
under this section shall be determined by the Secretary.
(2) Amount.--The amount of a grant awarded to an agency
under this section shall be determined by the Secretary.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Enrollee.--The term ``enrollee'' means, with respect to
a managed care plan offered by a managed care organization, an
individual enrolled with the organization for coverage under
such a plan.
(2) Health care professional.--The term ``health care
professional'' means a physician or other health care
practitioner who is licensed under State law with respect to
the health care services the practitioner furnishes.
(3) Health plan.--The term ``health plan'' means a group
health plan or health insurance coverage offered by a health
insurance issuer.
(4) Managed care organization.--The term ``managed care
organization'' means any entity, including a group health plan,
health maintenance organization, or provider-sponsored
organization, in relation to its offering of a managed care
plan, and includes any other entity that provides or manages
the coverage under such a plan under a contract or arrangement
with the entity.
(5) Managed care plan.--The term ``managed care plan''
means a health plan offered by an entity if the entity--
(A) provides or arranges for the provision of
health care items and services to enrollees in the plan
through participating health care professionals and
providers; or
(B) provides financial incentives (such as variable
copayments and deductibles) to induce enrollees to
obtain benefits through participating health care
professionals and providers,
or both.
(6) Medically underserved area.--The term ``medically
underserved area'' means an area that is designated as a health
professional shortage area under section 332 of the Public
Health Service Act (42 U.S.C. 254e) or as a medically
underserved area for purposes of section 330 or 1302(7) of such
Act (42 U.S.C. 254c, 300e-1(7)).
(7) Participating.--The term ``participating'' means, with
respect to a health care professional or provider in relation
to a health plan offered by an entity, a physician or provider
that furnishes health care items and services to enrollees of
the entity under an agreement with the entity.
(8) Primary care provider.--The term ``primary care
provider'' means a health care professional who acts as a
gatekeeper for the overall care of an enrollee.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services . | Treats as meeting such requirements any managed care organization serving a medically underserved area that has similar arrangements with health care professionals and providers having a history of serving such areas.
Directs the Secretary to establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to enable eligible nongovernmental agencies to develop outreach programs with regard to medically underserved areas. | {"src": "billsum_train", "title": "Medically Underserved Access to Care Act of 1999"} | 1,784 | 89 | 0.591586 | 1.596895 | 0.926608 | 4.972973 | 20.905405 | 0.945946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Catastrophe Savings Accounts Act of
2006''.
SEC. 2. CATASTROPHE SAVINGS ACCOUNTS.
(a) In General.--Subchapter F of Chapter 1 of the Internal Revenue
Code of 1986 (relating to exempt organizations) is amended by adding at
the end the following new part:
``PART IX--CATASTROPHE SAVINGS ACCOUNTS
``SEC. 530A. CATASTROPHE SAVINGS ACCOUNTS.
``(a) General Rule.--A Catastrophe Savings Account shall be exempt
from taxation under this subtitle. Notwithstanding the preceding
sentence, such account shall be subject to the taxes imposed by section
511 (relating to imposition of tax on unrelated business income of
charitable organizations).
``(b) Catastrophe Savings Account.--For purposes of this section,
the term `Catastrophe Savings Account' means a trust created or
organized in the United States for the exclusive benefit of an
individual or his beneficiaries and which is designated (in such manner
as the Secretary shall prescribe) at the time of the establishment of
the trust as a Catastrophe Savings Account, but only if the written
governing instrument creating the trust meets the following
requirements:
``(1) Except in the case of a qualified rollover
contribution--
``(A) no contribution will be accepted unless it is
in cash, and
``(B) contributions will not be accepted in excess
of the account balance limit specified in subsection
(c).
``(2) The trustee is a bank (as defined in section 408(n))
or another person who demonstrates to the satisfaction of the
Secretary that the manner in which that person will administer
the trust will be consistent with the requirements of this
section.
``(3) The interest of an individual in the balance of his
account is nonforfeitable.
``(4) The assets of the trust shall not be commingled with
other property except in a common trust fund or common
investment fund.
``(c) Account Balance Limit.--The aggregate account balance for all
Catastrophe Savings Accounts maintained for the benefit of an
individual (including qualified rollover contributions) shall not
exceed--
``(1) in the case of an individual whose qualified
deductible is not more than $1,000, $2,000, and
``(2) in the case of an individual whose qualified
deductible is more than $1,000, the amount equal to the lesser
of--
``(A) $15,000, or
``(B) twice the amount of the individual's
qualified deductible.
``(d) Definitions.--For purposes of this section--
``(1) Qualified catastrophe expenses.--The term `qualified
catastrophe expenses' means expenses paid or incurred by reason
of a major disaster that has been declared by the President
under section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act.
``(2) Qualified deductible.--With respect to an individual,
the term `qualified deductible' means the annual deductible for
the individual's homeowners' insurance policy.
``(3) Qualified rollover contribution.--The term `qualified
rollover contribution' means a contribution to a Catastrophe
Savings Account--
``(A) from another such account of the same
beneficiary, but only if such amount is contributed not
later than the 60th day after the distribution from
such other account, and
``(B) from a Catastrophe Savings Account of a
spouse of the beneficiary of the account to which the
contribution is made, but only if such amount is
contributed not later than the 60th day after the
distribution from such other account.
``(e) Tax Treatment of Distributions.--
``(1) In general.--Any distribution from a Catastrophe
Savings Account shall be includible in the gross income of the
distributee in the manner as provided in section 72.
``(2) Distributions for qualified catastrophe expenses.--
``(A) In general.--No amount shall be includible in
gross income under paragraph (1) if the qualified
catastrophe expenses of the distributee during the
taxable year are not less than the aggregate
distributions during the taxable year.
``(B) Distributions in excess of expenses.--If such
aggregate distributions exceed such expenses during the
taxable year, the amount otherwise includible in gross
income under paragraph (1) shall be reduced by the
amount which bears the same ratio to the amount which
would be includible in gross income under paragraph (1)
(without regard to this subparagraph) as the qualified
catastrophe expenses bear to such aggregate
distributions.
``(3) Additional tax for distributions not used for
qualified catastrophe expenses.--The tax imposed by this
chapter for any taxable year on any taxpayer who receives a
payment or distribution from a Catastrophe Savings Account
which is includible in gross income shall be increased by 10
percent of the amount which is so includible.
``(4) Retirement distributions.--No amount shall be
includible in gross income under paragraph (1) (or subject to
an additional tax under paragraph (3)) if the payment or
distribution is made on or after the date on which the
distributee attains age 62.
``(f) Tax Treatment of Accounts.--Rules similar to the rules of
paragraphs (2) and (4) of section 408(e) shall apply to any Catastrophe
Savings Account.''.
(b) Tax on Excess Contributions.--
(1) In general.--Subsection (a) of section 4973 of the
Internal Revenue Code of 1986 (relating to tax on excess
contributions to certain tax-favored accounts and annuities) is
amended by striking ``or'' at the end of paragraph (4), by
inserting ``or'' at the end of paragraph (5), and by inserting
after paragraph (5) the following new paragraph:
``(6) a Catastrophe Savings Account (as defined in section
530A),''.
(2) Excess contribution.--Section 4973 of such Code is
amended by adding at the end the following new subsection:
``(h) Excess Contributions to Catastrophe Savings Accounts.--For
purposes of this section, in the case of Catastrophe Savings Accounts
(within the meaning of section 530A), the term `excess contributions'
means the amount by which the aggregate account balance for all
Catastrophe Savings Accounts maintained for the benefit of an
individual exceeds the account balance limit defined in section
530A(c)(1).''.
(c) Conforming Amendment.--The table of parts for subchapter F of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX. Catastrophe Savings Accounts''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006. | Catastrophe Savings Accounts Act of 2006 - Amends the Internal Revenue Code to create tax-exempt catastrophe savings accounts (CSAs). Allows tax-free distributions from CSAs to pay expenses resulting from a presidentially declared major disaster. Limits CSA balances to: (1) $2,000 (for individuals with homeowner insurance deductibles of not more than $1,000); and (2) the lesser of $15,000 or twice a homeowner's insurance deductible (for individuals with deductibles of more than $1,000). | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to create Catastrophe Savings Accounts."} | 1,583 | 115 | 0.532341 | 1.323047 | 0.517496 | 1.852632 | 14.505263 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Voting Act of 1995''.
TITLE I--CHANGES IN DISCRETIONARY SPENDING LIMITS
SEC. 101. DEFICIT REDUCTION TRUST FUND.
(a) Establishment.--A trust fund known as the ``Deficit Reduction
Trust Fund'' (hereinafter in this title referred to as the ``Fund'')
shall be established in the Treasury of the United States.
(b) Contents.--The Fund shall consist only of amounts contained in
the deficit reduction lock box provision of any appropriation Act. Such
amounts shall be transferred to the Fund as specified in subsection
(c).
(c) Transfers of Moneys to the Fund.--Within 10 days of enactment
of any appropriation Act which has a deficit reduction lock box
provision, there shall be transferred from the general fund to the Fund
an amount equal to that amount.
(d) Use of Moneys in the Fund.--Notwithstanding any other provision
of law, the amounts in the Fund shall not be available, in any fiscal
year, for appropriation, obligation, expenditure, or transfer.
SEC. 102. DOWNWARD ADJUSTMENTS OF DISCRETIONARY SPENDING LIMITS.
The discretionary spending limit for new budget authority for any
fiscal year set forth in section 601(a)(2) of the Congressional Budget
Act of 1974, as adjusted in strict conformance with section 251 of the
Balanced Budget and Emergency Deficit Control Act of 1985, shall be
reduced by the amount of budget authority transferred to the Fund for
that fiscal year under section 2(c), as calculated by the Director of
the Office of Management and Budget. The adjusted discretionary
spending limit for outlays for that fiscal year as set forth in such
section 601(a)(2) shall be reduced as a result of the reduction of such
budget authority, as calculated by the Director of the Office of
Management and Budget. All such reductions shall occur on the same day
that the amounts triggering the reductions are transferred to the Fund.
SEC. 103. DEFICIT REDUCTION LOCK-BOX PROVISIONS OF APPROPRIATION
MEASURES.
(a) Deficit Reduction Lock-box Provisions.--Title III of the
Congressional Budget Act of 1974 is amended by adding at the end the
following new section:
``deficit reduction lock-box provisions of appropriation bills
``Sec. 314. (a) Any general appropriation bill that is being marked
up by the Committee on Appropriations (or a subcommittee thereof) of
either House shall contain a line item entitled `Deficit Reduction
Lock-box'. The dollar amount set forth under that heading shall be an
amount equal to the section 602(b)(1) or section 302(b)(1) allocations,
as the case may be, to the subcommittee of jurisdiction over the bill
of the Committee on Appropriations minus the aggregate level of budget
authority or outlays contained in the bill being considered.
``(b) Whenever a Member of either House of Congress offers an
amendment (whether in subcommittee, committee, or on the floor) to an
appropriation bill to reduce spending, that reduction shall be placed
in the deficit reduction lock-box unless that Member indicates that it
is to be utilized for another program, project, or activity covered by
that bill. If the amendment is agreed to and the reduction was placed
in the deficit reduction lock-box, then the line item entitled `Deficit
Reduction Lock-box' shall be increased by the amount of that reduction.
``(c) It shall not be in order in the House of Representatives or
the Senate to consider a conference report that modifies any Deficit
Reduction Lock-box provision that is beyond the scope of that provision
as so committed to the conference committee.''.
(b) Conforming Amendment.--The table of contents set forth in
section 1(b) of the Congressional Budget and Impoundment Control Act of
1974 is amended by inserting after the item relating to section 313 the
following new item:
``Sec. 314. Deficit reduction lock-box provisions of appropriation
measures.''.
SEC. 104. CBO TRACKING.
Section 202 of the Congressional Budget Act of 1974 is amended by
adding at the end the following new subsection:
``(i) Scorekeeping Assistance.--To facilitate compliance by the
Committees on Appropriations with section 314, the Office shall score
all general appropriation measures as passed the House of
Representatives and as passed the Senate and have such scorecard
published in the Congressional Record.''.
TITLE II--MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF
REPRESENTATIVES
SEC. 201. MISCELLANEOUS AMENDMENTS TO THE RULES OF THE HOUSE OF
REPRESENTATIVES.
(a) 5-day Waiting Period.--(1) Clause 2(l)(6) of rule XI of the
Rules of the House of Representatives is amended by striking ``third''
and inserting ``fifth''.
(2) The first sentence of clause 2(a) of rule XXVIII of the Rules
of the House of Representatives is amended by striking ``third'' and
inserting ``fifth''.
(b) Two-thirds Required to Approve Restrictive Rules or to Waive
House Rules.--(1) Clause 4 of rule XI of the Rules of the House of
Representatives is amended by adding at the end the following new
paragraph:
``(e) It shall not be in order to consider any resolution reported
from the Committee on Rules providing for the consideration of any bill
or resolution otherwise subject to amendment under House Rules if that
resolution limits the right of Members to offer germane amendments to
such bill, unless that resolution is agreed to by the affirmative vote
of at least two-thirds of the Members voting, a quorum being
present.''.
(2) Rule XXVII of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
``4. The Rules of the House of Representatives shall not be waived
except by a vote of two-thirds of the Members voting, a quorum being
present.''.
(c) Ban on King-of-the-Hill Rules.--The last sentence of clause
4(b) of rule XI of the Rules of the House of Representatives is amended
by inserting before the period the following: ``; nor shall it report
any rule for the consideration of any measure commonly known as a
`king-of-the-hill' rule''.
(d) Ban on Self-executing Rules.--Clause 4 of rule XI of the Rules
of the House of Representatives (as amended by subsection (b)) is
amended by adding at the end the following new paragraph:
``(f) It shall not be in order to consider any order of business
resolution reported from the Committee on Rules which provides that,
upon the adoption of such resolution, the House shall be considered to
have automatically adopted a motion (other than for the previous
question), amendment, or resolution, or to have passed a bill, joint
resolution, or conference report thereon.''.
(e) Repeal of Rule XLIX.--Rule XLIX of the Rules of the House of
Representatives is repealed.
(f) Conference Committees.--(1) Clause 3 of rule XXVIII of the
Rules of the House of Representatives is amended by adding at the end
the following new sentence: ``Their report shall not fund any program,
project, or activity at a level higher than that contained in the bill
or resolution as passed the House or as passed the Senate and committed
to the conference committee or fund any program, project, or activity
not contained in that bill or resolution as passed the House or as
passed the Senate.''.
(2) Rule XXVIII of the Rules of the House of Representatives is
amended by adding at the end the following new clause:
``7. It shall not be in order in the House to consider a conference
report if that report would violate any motion to instruct conferees
that the House agreed to.''.
TITLE III--ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS
SEC. 301. ECONOMIC AND EMPLOYMENT IMPACT STATEMENTS.
(a) Preparation.--The Comptroller General of the United States
shall prepare an economic and employment impact statement, as described
in subsection (b), to accompany each bill, resolution, or conference
report reported by any committee of the House of Representatives or the
Senate or considered on the floor of either House.
(b) Contents.--Except as provided in subsection (c), the economic
and employment impact statement required by subsection (a) shall--
(1) state the extent to which enactment of the bill,
resolution, or conference report would result in increased
costs to the private sector, individuals, or State and local
governments; and
(2) include, at a minimum, a detailed assessment of the
annual impact of the bill, resolution, or conference report
(projected annually over a 5-year period from its effective
date, and, to the extent feasible, expressed in each case in
monetary terms) on--
(A) costs to United States consumers;
(B) costs to United States business;
(C) national employment;
(D) the ability of United States industries to
compete internationally;
(E) affected State and local governments, fiscal
and otherwise;
(F) outlays and revenues by the Federal Government
as compared to outlays and revenues for the same
activity in the current fiscal year (as reported by the
Congressional Budget Office); and
(G) impact on Gross Domestic Product.
(c) Exception.--The economic and employment impact statement
required by subsection (a) may consist of a brief summary assessment in
lieu of the detailed assessment set forth in subsection (b) if
preliminary analysis indicates that the aggregate effect of the bill,
resolution, or conference report as measured by the criteria set forth
in subparagraphs (A) through (G) of subsection (b) is less than
$100,000 or 1,000 jobs in national employment.
(d) Statement With All Legislation.--The economic and employment
impact statement required by this section shall accompany each bill,
resolution, or conference report before such bill, resolution, or
conference report may be reported or otherwise considered on the floor
of either House.
(e) Point of Order.--
(1) Rule.--It shall not be in order in either the House of
Representatives or the Senate to consider on the floor any
bill, resolution, or conference report, whether or not reported
by any committee of the House of Representatives or the Senate,
unless that bill, resolution, or conference report includes the
economic and employment impact statement required by this
section.
(2) Waiver.--A point of order made under this subsection
may be waived in the Senate by a two-thirds affirmative vote of
Senators, duly chosen and sworn, and in the House of
Representatives by a two-thirds affirmative vote of Members,
duly chosen and sworn.
(f) Executive Regulations.--Each regulation and proposed regulation
promulgated by a Federal department or executive agency shall be
accompanied by an economic and employment impact statement prepared, in
accordance with subsection (b), by the department or agency
promulgating the regulation or proposed regulation. The economic and
employment impact statement shall be published in the Federal Register
together with such regulation or proposed regulation.
(g) Provision for National Security Emergency Waiver.--
(1) Congressional economic impact statements.--The Congress
may waive the requirements of subsections (a) through (d) at
any time in which a declaration of war is in effect, or in
response to a national security emergency at the request of the
President.
(2) Executive regulations.--The President may waive the
requirements of subsection (f) at any time in which a
declaration of war is in effect, or in response to a national
security emergency as determined by the President in
consultation with Congress.
(h) Repeal of Senate Rule.--Paragraph 11 of rule XXVI of the
Standing Rules of the Senate is repealed.
TITLE IV--APPLICABILITY OF FREEDOM OF INFORMATION ACT
SEC. 401. APPLICATION OF FREEDOM OF INFORMATION ACT TO THE CONGRESS.
The Congress, and the instrumentalities of Congress, shall be
subject to section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act'') to the same extent
that Executive agencies (as defined by section 105 of title 5, United
States Code) are subject to such section 552. | TABLE OF CONTENTS:
Title I: Changes in Discretionary Spending Limits
Title II: Miscellaneous Amendments to the Rules of the House of
Representatives
Title III: Economic and Employment Impact Statements
Title IV: Applicability of Freedom of Information Act
Truth in Voting Act of 1995 -
Title I: Changes in Discretionary Spending Limits
- Establishes the Deficit Reduction Trust Fund consisting of amounts contained in deficit reduction lock box provisions of appropriations Acts.
Reduces discretionary spending limits by amounts transferred to the Fund.
Amends the Congressional Budget Act of 1974 to require that amounts resulting from reduced spending under general appropriations bills be placed in the Fund.
Requires the Congressional Budget Office to score all general appropriations measures as passed by the House and Senate and to publish such scorecard in the Congressional Record.
Title II: Miscellaneous Amendments to the Rules of the House of Representatives
- Amends rule XI of the Rules of the House of Representatives to prohibit the Committee on Rules from reporting any rule for the consideration of a measure commonly known as a "king of the hill" rule.
Repeals rule XLIX (statutory limit on the public debt).
Amends rule XXVIII to prohibit conference committee reports from funding any program or activity at a level higher than that contained in the bill or resolution as passed by the House or Senate or from funding any program not contained in such versions.
Title III: Economic and Employment Impact Statements
- Requires the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report reported by a committee or considered on the floor. Makes it out of order to consider any legislation that is not accompanied by such statement unless the point of order is waived by a two-thirds vote. Requires regulations and proposed regulations promulgated by Federal agencies to be accompanied by such statements as well.
Title IV: Applicability of Freedom of Information Act
- Applies the Freedom of Information Act to the Congress as such Act applies to executive agencies. | {"src": "billsum_train", "title": "Truth in Voting Act of 1995"} | 2,878 | 471 | 0.535387 | 1.626143 | 0.60952 | 3.44697 | 6.34596 | 0.866162 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Manufactured
Housing Act''.
SEC. 2. MODIFICATIONS TO DEFINITIONS.
(a) Loan Originator Definition.--Section 1503(4) of the S.A.F.E.
Mortgage Licensing Act of 2008 (12 U.S.C. 5102(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) does not include an individual or
entity that is a seller of manufactured homes,
unless such individual or entity is engaged in
the business of a loan originator or receives
compensation or gain for engaging in activities
described under clause (i) that is in excess of
any compensation or gain received in a
comparable cash transaction.''; and
(2) by adding at the end the following:
``(E) Engaged in the business of a loan
originator.--For purposes of this paragraph, the term
`engaged in the business of a loan originator' means to
perform loan originator activities described under
subparagraph (A)(i) as a regular course of trade or
business in exchange for compensation or gain paid
solely for engaging in the sale or distribution of
residential mortgage loans.''.
(b) High-Cost Mortgage Definition.--Section 103 of the Truth in
Lending Act (15 U.S.C. 1602) is amended--
(1) by redesignating subsection (aa) (relating to
disclosure of greater amount or percentage), as so designated
by section 1100A of Public Law 111-203, as subsection (bb);
(2) by redesignating subsection (bb) (relating to high-cost
mortgages), as so designated by section 1100A of Public Law
111-203, as subsection (aa), and moving such subsection to
immediately follow subsection (z); and
(3) in subsection (aa)(1)(A), as so redesignated--
(A) in clause (i)(I)--
(i) by striking ``(8.5 percentage points,
if the dwelling is personal property and the
transaction is for less than $50,000)''; and
(ii) by striking ``or'' at the end;
(B) in clause (i)(II), by adding ``or'' at the end;
(C) in clause (i), by adding at the end the
following:
``(III) by a first mortgage on a
consumer's principal dwelling that is
considered personal property (or is a
consumer credit transaction that does
not include the purchase of real
property on which a dwelling is to be
placed), the annual percentage rate at
consummation of the transaction will
exceed the average prime offer rate, as
defined in section 129C(b)(2)(B), for a
comparable transaction, by more than--
``(aa) 8.5 percentage
points, in the case of a
transaction in an amount of
$50,000 or more, but less than
$75,000 (as such amounts are
adjusted by the Bureau to
reflect the change in the
Consumer Price Index);
``(bb) 10.5 percentage
points, in the case of a
transaction in an amount of
more than $30,000, but less
than $50,000 (as such amounts
are adjusted by the Bureau to
reflect the change in the
Consumer Price Index); or
``(cc) 12.5 percentage
points, in the case of a
transaction in an amount of
$30,000 or less (as such amount
is adjusted by the Bureau to
reflect the change in the
Consumer Price Index), or a
higher percentage established
by the Bureau not to exceed
14.5 percentage points in such
cases, if the Bureau determines
that the lower rate would
restrict access to credit and
that raising the rate would not
have a detrimental impact on
consumer protection.''; and
(D) in clause (ii)--
(i) in subclause (I), by striking ``or'' at
the end; and
(ii) by adding at the end the following:
``(III) in the case of a
transaction for less than $75,000 in
which the dwelling is considered
personal property (or is a consumer
credit transaction that does not
include the purchase of real property
on which a dwelling is to be placed)
the greater of 5 percent of the total
transaction amount or $3,000; or''. | Preserving Access to Manufactured Housing Act - Amends the S.A.F.E. Mortgage Licensing Act of 2008 to exclude a seller of manufactured homes from the definition of loan originator subject to such Act, unless such individual or entity is engaged in the business of a loan originator or receives compensation or gain for engaging in certain residential mortgage loan activities in excess of any compensation or gain received in a comparable cash transaction.
Amends the Truth in Lending Act to revise the definition of "high cost mortgage." | {"src": "billsum_train", "title": "A bill to amend the S.A.F.E. Mortgage Licensing Act of 2008 to provide an exception from the definition of loan originator for certain loans made with respect to manufactured homes, to amend the Truth in Lending Act to modify the definition of a high-cost mortgage, and for other purposes."} | 1,004 | 123 | 0.564183 | 1.518231 | 0.658926 | 3.836957 | 10.347826 | 0.880435 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communities of Color Teenage
Pregnancy Prevention Act of 2011''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Teenage pregnancy is one of the most critical issues
facing the Nation today. The United States has the highest
teenage pregnancy rate of any developed nation, with nearly
750,000 teenage girls between the ages of 15 and 19 becoming
pregnant each year, and 82 percent of those pregnancies
unplanned.
(2) For the first time in more than a decade, between 2005
and 2006, the teenage pregnancy rate in the United States rose
3 percent. The decrease in teenage pregnancy rates in the 1990s
was overwhelmingly the result of more and better use of
contraceptives.
(3) Nationally, teenage pregnancy has significant fiscal
implications, costing taxpayers at least $10,900,000,000
annually.
(4) Communities of color are disproportionately affected by
teenage pregnancy. Fifty-two percent of Latinas and 50 percent
of African-American girls will become pregnant at least once
before they turn 20. In comparison, only 19 percent of non-
Hispanic white teenage girls under the age of 20 become
pregnant.
(5) Between 2007 and 2009, the teen birth rate decreased
for most communities of color, however the birth rates for
Hispanic, African-American, and Native American teenagers
continue to be much higher than other racial and ethnic groups.
(6) Research shows that starting a family too soon may have
significant social, educational, and financial impacts on the
lives of young people. Less than half of teenage mothers finish
high school and less than 2 percent go on to finish college,
making it difficult to find and maintain a job.
(7) Research also shows that teenage dating violence and
abuse are serious public health problems and are associated
with higher levels of teenage pregnancy and unplanned
pregnancy. Adolescent girls in physically abusive relationships
are 3 times more likely to become pregnant than non-abused
girls.
(8) Promoting and building healthy relationships are
fundamental to preventing teenage pregnancies and unplanned
pregnancies.
SEC. 3. PROGRAMS TO REDUCE TEENAGE PREGNANCIES.
Title III of the Public Health Service Act (42 U.S.C. 241 et seq.)
is amended by adding at the end the following:
``PART W--PROGRAMS TO REDUCE TEENAGE PREGNANCIES
``SEC. 399OO. PURPOSE.
``It is the purpose of this part to develop and carry out research
and demonstration projects on new and existing program interventions to
provide youth in racial or ethnic minority or immigrant communities the
information and skills needed to reduce teenage pregnancies, build
healthy relationships, and improve overall health and well-being.
``SEC. 399OO-1. DEMONSTRATION GRANTS TO REDUCE TEENAGE PREGNANCIES.
``(a) In General.--The Secretary shall award competitive grants to
eligible entities for establishing or expanding programs to provide
youth in racial or ethnic minority or immigrant communities the
information and skills needed to avoid teen pregnancy and develop
healthy relationships.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to applicants--
``(1) proposing to carry out programs in racial or ethnic
minority or immigrant communities;
``(2) that have a demonstrated history of effectively
working with such targeted communities; or
``(3) that have a demonstrated history of engaging in a
meaningful and significant partnership with such targeted
communities.
``(c) Program Settings.--Funds received under this section shall be
used to provide information and skills as described in subsection (a)--
``(1) through classroom-based settings, such as school
health education, humanities, language arts, or family and
consumer science education;
``(2) through after-school programs;
``(3) through community-based programs;
``(4) through workforce development programs;
``(5) through health care settings; or
``(6) in collaboration with systems that serve large
numbers of at-risk youth, such as juvenile justice or foster
care systems.
``(d) Program Requirements.--As a condition of receipt of a grant
under this section, an entity shall agree that, with respect to
information and skills provided through the grant--
``(1) such information and skills will be--
``(A) age-appropriate;
``(B) evidence-based or evidence-informed;
``(C) provided in accordance with section 399OO-
5(b); and
``(D) culturally sensitive and relevant to the
target populations; and
``(2) any information about contraceptives shall include
the health benefits and side effects of all contraceptives and
barrier methods.
``(e) Evaluation.--Of the total amount made available to carry out
this section for a fiscal year, the Secretary, acting through the
Director of the Centers for Disease Control and Prevention and other
agencies as appropriate, shall allot up to 10 percent of such amount to
carry out a rigorous, independent evaluation to determine the extent
and the effectiveness of activities funded through this section in
changing attitudes and behavior of teens with respect to healthy
relationships and childbearing.
``(f) Grants for Indian Tribes or Tribal Organizations.--Of the
total amount made available to carry out this section for a fiscal
year, the Secretary shall reserve 5 percent of such amount to award
grants under this section to Indian tribes and tribal organizations in
such manner, and subject to such requirements, as the Secretary, in
consultation with Indian tribes and tribal organizations, determines
appropriate.
``(g) Eligible Entity Defined.--
``(1) In general.--In this section, the term `eligible
entity' means a State, local, or tribal agency, a school or
postsecondary institution, an after-school program, a nonprofit
organization, or a community or faith-based organization.
``(2) Preventing exclusion of smaller community-based
organizations.--In carrying out this section, the Secretary
shall ensure that the amounts and requirements of grants
provided under this section do not preclude receipt of such
grants by community-based organizations with a demonstrated
history of effectively working with adolescents in racial or
ethnic minority or immigrant communities or engaged in
meaningful and significant partnership with the targeted
community.
``SEC. 399OO-2. MULTIMEDIA CAMPAIGNS TO REDUCE TEENAGE PREGNANCIES.
``(a) In General.--The Secretary shall award competitive grants to
public or private entities to carry out multimedia campaigns to provide
public education and increase public awareness regarding teenage
pregnancy and related social and emotional issues, such as violence
prevention.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to applicants proposing to carry out
campaigns developed for racial or ethnic minority or immigrant
communities.
``(c) Information To Be Provided.--As a condition of receipt of a
grant under this section, an entity shall agree to use the grant to
carry out multimedia campaigns described in subsection (a) that--
``(1) at a minimum, provide information on--
``(A) the prevention of teenage pregnancy; and
``(B) healthy relationship development; and
``(2) may provide information on the prevention of dating
violence.
``SEC. 399OO-3. RESEARCH ON REDUCING TEENAGE PREGNANCIES AND TEEN
DATING VIOLENCE AND IMPROVING HEALTHY RELATIONSHIPS.
``(a) In General.--The Secretary, acting through the Director of
the Centers for Disease Control and Prevention, shall make grants to
public and private entities to conduct, support, or coordinate research
on teen pregnancy, dating violence, and healthy relationships among
racial or ethnic minority or immigrant communities that--
``(1) improve data collection on--
``(A) sexual and reproductive health, including
teenage pregnancies and births, among all minority
communities and subpopulations in which such data are
not collected, including American Indian and Alaska
Native youth;
``(B) sexual behavior, sexual or reproductive
coercion, and teenage contraceptive use patterns at the
State level, as appropriate; and
``(C) teenage pregnancies among youth in, and aging
out of, foster care or juvenile justice systems and the
underlying factors that lead to teenage pregnancy among
youth in foster care or juvenile justice systems; and
``(2) investigate--
``(A) the variance in the rates of teenage
pregnancy by--
``(i) racial and ethnic group, including
Hispanic, Asian, African-American, Pacific
Islander, American Indian, and Alaskan Native;
``(ii) socioeconomic status, taking into
account income of the family and education
attainment;
``(B) factors affecting young people's risk of
teenage pregnancy or dating abuse, including the
physical and social environment, level of
acculturation, access to healthcare, aspirations for
the future, and history of physical or sexual violence
or abuse;
``(C) the role that violence and abuse play in
teenage sex, pregnancy, and childbearing;
``(D) strategies to address the disproportionate
rates of teenage pregnancies and dating violence in
racial or ethnic minority or immigrant communities;
``(E) how effective interventions can be replicated
or adapted in other settings to serve racial or ethnic
minority or immigrant communities; and
``(F) the effectiveness of media campaigns
addressing healthy relationship development, dating
violence prevention, and teenage pregnancy; or
``(3) test research-based strategies for addressing high
rates of unintended teenage pregnancy through programs that
emphasize healthy relationships and violence prevention.
``(b) Priority.--In carrying out this section, the Secretary shall
give priority to research that incorporates--
``(1) interdisciplinary approaches;
``(2) a strong emphasis on community-based participatory
research; or
``(3) translational research.
``SEC. 399OO-4. ADOLESCENT HEALTH WORK GROUP.
``(a) In General.--Not later than 30 days after the date of the
enactment of the Communities of Color Teenage Pregnancy Prevention Act
of 2011, the Secretary shall direct the Interagency Adolescent Health
Work Group within the Office of Adolescent Health of the Department of
Health and Human Services to include teen dating violence prevention
and healthy teen relationship strategies in the work of such group,
with a particular focus among racial or ethnic minority or immigrant
communities, in consultation with the Interagency Working Group on Teen
Dating Violence chaired by the Department of Justice.
``(b) Report Requirement.--The Secretary shall periodically submit
to Congress a report containing--
``(1) a review of the evidence-based programs identified by
the Adolescent Health Work Group; and
``(2) a description of such programs that include teen
dating violence and healthy teen relationships as part of the
strategy to prevent teen pregnancy.
``SEC. 399OO-5. GENERAL REQUIREMENTS.
``(a) Applications.--An entity seeking a grant under this part
shall submit an application to the Secretary at such time, in such
manner, and containing such agreements, assurances, and information as
the Secretary may require.
``(b) Additional Requirements.--The Secretary may award a grant
under this part only if the applicant involved agrees that information,
activities, and services provided under the grant--
``(1) will be evidence-based or evidence informed;
``(2) will be factually and medically accurate and
complete; and
``(3) in the case of a grant program directed to a
particular population group, will be provided in an appropriate
language and cultural context.
``(c) Training and Technical Assistance.--
``(1) In general.--Of the total amount made available to
carry out this part for a fiscal year, the Secretary shall use
10 percent to provide, directly or through a competitive grant
process, training and technical assistance to the grant
recipients under this part, including by disseminating research
and information regarding effective and promising practices,
providing consultation and resources on a broad array of
teenage and unintended pregnancy and violence prevention
strategies, and developing resources and materials.
``(2) Collaboration.--In carrying out this subsection, the
Secretary shall collaborate with entities that have expertise
in the prevention of teenage pregnancy, healthy relationship
development, minority health and health disparities, and
violence prevention.
``SEC. 399OO-6. DEFINITIONS.
``In this part:
``(1) Medically accurate and complete.--The term `medically
accurate and complete' means, with respect to information,
activities, or services--
``(A) verified or supported by the weight of
research conducted in compliance with accepted
scientific methods; and
``(B)(i) published in peer-reviewed journals, where
applicable; or
``(ii) comprising information that leading
professional organizations and agencies with relevant
expertise in the field recognize as accurate,
objective, and complete.
``(2) Racial or ethnic minority or immigrant communities.--
The term `racial or ethnic minority or immigrant communities'
means communities with a substantial number of residents who
are members of racial or ethnic minority groups or who are
immigrants.
``(3) Reproductive coercion.--The term `reproductive
coercion' means, with respect to a person, coercive behavior
that interferes with the ability of the person to control the
reproductive decisionmaking, such as intentionally exposing
such person to sexually transmitted infections, in the case
such person is a female, attempting to impregnate such person
against her will, intentionally interfering with the person's
birth control, or threatening or acting violently if the person
does not comply with the perpetrator's wishes regarding
contraception or the decision whether to terminate or continue
a pregnancy.
``(4) Youth.--The term `youth' means individuals who are 11
to 19 years of age.
``SEC. 399OO-7. REPORTS.
``(a) Report on the Use of Funds.--Not later than 1 year after the
date of enactment of the Communities of Color Teenage Pregnancy
Prevention Act of 2011, the Secretary shall submit to Congress a report
on the use of funds provided under this part.
``(b) Report on the Impact of Programs.--Not later than March 1,
2016, the Secretary shall submit to Congress a report on the impact
that the programs under this part had on reducing teenage pregnancy.
``SEC. 399OO-8. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part such sums as may be necessary for each of the fiscal
years 2012 through 2016.
``(b) Availability.--Amounts appropriated under subsection (a)--
``(1) are authorized to remain available until expended;
and
``(2) are in addition to amounts otherwise made available
for such purposes.''. | Communities of Color Teenage Pregnancy Prevention Act of 2011 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS) to award grants for programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to avoid teen pregnancy and develop healthy relationships.
Allows up to 10% of amounts made available for this Act to be allotted for a rigorous, independent evaluation of grant activities.
Requires the Secretary to award grants for multimedia campaigns to provide public education and increase public awareness regarding teenage pregnancy and related social and emotional issues.
Requires the Director of the Center for Disease Control and Prevention (CDC) to make grants for research on teen pregnancy, dating violence, and healthy relationships among racial or ethnic minority or immigrant communities.
Requires the Secretary to direct the interagency adolescent health workgroup within the Office of Adolescent Health to include teen dating violence prevention and healthy teen relationship strategies in the work of such group, with a particular focus among racial or ethnic minority or immigrant communities, in consultation with the Federal Interagency Workgroup on Teen Dating Violence chaired by the Department of Justice (DOJ). | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Health and Human Services to carry out programs to provide youth in racial or ethnic minority or immigrant communities the information and skills needed to reduce teenage pregnancies."} | 3,364 | 272 | 0.442124 | 1.311504 | 0.76531 | 5.463636 | 13.918182 | 0.936364 |
SECTION 1. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS
REAL PROPERTY IN GUAM.
(a) Transfer of Excess Real Property.--(1) Except as provided in
subsection (d), before screening excess real property located on Guam
for further Federal utilization under section 202 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 471 et
seq.) (hereinafter the ``Property Act''), the Administrator shall
notify the Government of Guam that the property is available for
transfer pursuant to this section.
(2) If the Government of Guam, within 180 days after receiving
notification under paragraph (1), notifies the Administrator that the
Government of Guam intends to acquire the property under this section,
the Administrator shall transfer such property in accordance with
subsection (b). Otherwise, the property shall be screened for further
Federal use and then, if there is no other Federal use, shall be
disposed of in accordance with the Property Act.
(b) Conditions of Transfer.--(1) Any transfer of excess real
property to the Government of Guam may be only for a public purpose and
shall be without further consideration.
(2) All transfers of excess real property to the Government of Guam
shall be subject to such restrictive covenants as the Administrator, in
consultation with the Secretary of Defense, in the case of property
reported excess by a military department, determines to be necessary to
ensure that: (A) the use of the property is compatible with continued
military activities on Guam; (B) the use of the property is consistent
with the environmental condition of the property; (C) access is
available to the United States to conduct any additional environmental
remediation or monitoring that may be required; (D) the property is
used only for a public purpose and can not be converted to any other
use; and (E) to the extent that facilities on the property have been
occupied and used by another Federal agency for a minimum of 2 years,
that the transfer to the Government of Guam is subject to the terms and
conditions for such use and occupancy.
(3) All transfers of excess real property to the Government of Guam
are subject to all otherwise applicable Federal laws, except section
2696 of title 10, United States Code, or section 501 of Public Law 100-
77 (42 U.S.C. 11411).
(c) Definitions.--For the purposes of this section:
(1) The term ``Administrator'' means--
(A) the Administrator of General Services; or
(B) the head of any Federal agency with the authority to
dispose of excess real property on Guam.
(2) The term ``base closure law'' means the Defense
Authorization Amendments and Base Closure and Realignment Act of
1988 (Public Law 100-526), the Defense Base Closure and Realignment
Act of 1990 (Public Law 101-510), or similar base closure
authority.
(3) The term ``excess real property'' means excess property (as
that term is defined in section 3 of the Property Act) that is real
property and was acquired by the United States prior to the
enactment of this section.
(4) The term ``Guam National Wildlife Refuge'' includes those
lands within the refuge overlay under the jurisdiction of the
Department of Defense, identified as DoD lands in figure 3, on page
74, and as submerged lands in figure 7, on page 78 of the ``Final
Environmental Assessment for the Proposed Guam National Wildlife
Refuge, Territory of Guam, July 1993'' to the extent that the
Federal Government holds title to such lands.
(5) The term ``public purpose'' means those public benefit
purposes for which the United States may dispose of property
pursuant to section 203 of the Property Act, as implemented by the
Federal Property Management Regulations (41 CFR 101-47) or the
specific public benefit uses set forth in section 3(c) of the Guam
Excess Lands Act (Public Law 103-339; 108 Stat. 3116), except that
such definition shall not include the transfer of land to an
individual or entity for private use other than on a
nondiscriminatory basis.
(d) Exemptions.--Notwithstanding that such property may be excess
real property, the provisions of this section shall not apply--
(1) to real property on Guam that is declared excess by the
Department of Defense for the purpose of transferring that property
to the Coast Guard;
(2) to real property on Guam that is located within the Guam
National Wildlife Refuge, which shall be transferred according to
the following procedure:
(A) The Administrator shall notify the Government of Guam
and the Fish and Wildlife Service that such property has been
declared excess. The Government of Guam and the Fish and
Wildlife Service shall have 180 days to engage in discussions
toward an agreement providing for the future ownership and
management of such real property.
(B) If the parties reach an agreement under subparagraph
(A) within 180 days after notification of the declaration of
excess, the real property shall be transferred and managed in
accordance with such agreement: Provided, That such agreement
shall be transmitted to the Committee on Energy and Natural
Resources of the United States Senate and the appropriate
committees of the United States House of Representatives not
less than 60 days prior to such transfer and any such transfer
shall be subject to the other provisions of this section.
(C) If the parties do not reach an agreement under
subparagraph (A) within 180 days after notification of the
declaration of excess, the Administrator shall provide a report
to Congress on the status of the discussions, together with his
recommendations on the likelihood of resolution of differences
and the comments of the Fish and Wildlife Service and the
Government of Guam. If the subject property is under the
jurisdiction of a military department, the military department
may transfer administrative control over the property to the
General Services Administration subject to any terms and
conditions applicable to such property. In the event of such a
transfer by a military department to the General Services
Administration, the Department of the Interior shall be
responsible for all reasonable costs associated with the
custody, accountability and control of such property until
final disposition.
(D) If the parties come to agreement prior to congressional
action, the real property shall be transferred and managed in
accordance with such agreement: Provided, That such agreement
shall be transmitted to the Committee on Energy and Natural
Resources of the United States Senate and the appropriate
committees of the United States House of Representatives not
less than 60 days prior to such transfer and any such transfer
shall be subject to the other provisions of this section.
(E) Absent an agreement on the future ownership and use of
the property, such property may not be transferred to another
Federal agency or out of Federal ownership except pursuant to
an Act of Congress specifically identifying such property;
(3) to real property described in the Guam Excess Lands Act
(Public Law 103-339; 108 Stat. 3116) which shall be disposed of in
accordance with such Act;
(4) to real property on Guam that is declared excess as a
result of a base closure law; or
(5) to facilities on Guam declared excess by the managing
Federal agency for the purpose of transferring the facility to a
Federal agency that has occupied the facility for a minimum of 2
years when the facility is declared excess together with the
minimum land or interest therein necessary to support the facility.
(e) Dual Classification Property.--If a parcel of real property on
Guam that is declared excess as a result of a base closure law also
falls within the boundary of the Guam National Wildlife Refuge, such
parcel of property shall be disposed of in accordance with the base
closure law.
(f) Authority To Issue Regulations.--The Administrator of General
Services, after consultation with the Secretary of Defense and the
Secretary of the Interior, may issue such regulations as he deems
necessary to carry out this section.
SEC. 2. COMPACT IMPACT REPORTS.
Section 104(e)(2) of Public Law 99-239 (99 Stat. 1770, 1788) is
amended by deleting ``President shall report to the Congress with
respect to the impact of the Compact on the United States territories
and commonwealths and on the State of Hawaii.'' and inserting in lieu
thereof, ``Governor of any of the United States territories or
commonwealths or the State of Hawaii may report to the Secretary of the
Interior by February 1 of each year with respect to the impacts of the
compacts of free association on the Governor's respective jurisdiction.
The Secretary of the Interior shall review and forward any such reports
to the Congress with the comments of the Administration. The Secretary
of the Interior shall, either directly or, subject to available
technical assistance funds, through a grant to the affected
jurisdiction, provide for a census of Micronesians at intervals no
greater than 5 years from each decennial United States census using
generally acceptable statistical methodologies for each of the impact
jurisdictions where the Governor requests such assistance, except that
the total expenditures to carry out this sentence may not exceed
$300,000 in any year.''.
SEC. 3. APPLICATION OF FEDERAL PROGRAMS UNDER THE COMPACTS OF FREE
ASSOCIATION.
(a) The freely associated states of the Republic of the Marshall
Islands, the Federated States of Micronesia, and the Republic of Palau,
respectively, and citizens thereof, shall remain eligible for all
Federal programs, grant assistance, and services of the United States,
to the extent that such programs, grant assistance, and services are
provided to States and local governments of the United States and
residents of such States, for which a freely associated State or its
citizens were eligible on October 1, 1999. This eligibility shall
continue through the period of negotiations referred to in section 231
of the Compact of Free Association with the Republic of the Marshall
Islands and the Federated States of Micronesia, approved in Public Law
99-239, and during consideration by the Congress of legislation
submitted by an Executive branch agency as a result of such
negotiations.
(b) Section 214(a) of the Housing Community Development Act of 1980
(42 U.S.C. 1436a(a)) is amended--
(1) by striking ``or'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(7) an alien who is lawfully resident in the United States
and its territories and possessions under section 141 of the
Compacts of Free Association between the Government of the United
States and the Governments of the Marshall Islands, the Federated
States of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C.
1931 note) while the applicable section is in effect: Provided,
That, within Guam any such alien shall not be entitled to a
preference in receiving assistance under this Act over any United
States citizen or national resident therein who is otherwise
eligible for such assistance.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Amends the Compact of Free Association Act of 1985 to revise certain reporting requirements with respect to the impact of the Compact on U.S. areas to authorize the Governor of any of the U.S. territories or commonwealths or the State of Hawaii to report annually to the Secretary of the Interior (currently, the President must report to Congress) with respect to the impacts of the compacts of free association on the Governor's respective jurisdiction.
Declares that the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau and their citizens shall remain eligible for all U.S. Federal programs, grant assistance, and services to the same extent that such programs, grant assistance, and services are provided to States and U.S. citizens.
Amends the Housing Community Development Act of 1980 to revise the conditions for making assisted housing assistance available to a resident alien to declare that such alien may be a lawful resident in the United States and its territories and possessions (under the Compacts of Free Association between the Government of the United States and the Governments of the Marshall Islands, the Federated States of Micronesia, and Palau). Provides that any alien within Guam shall not be entitled to a preference in receiving such assistance over any U.S. citizen or national resident therein. | {"src": "billsum_train", "title": "Guam Omnibus Opportunities Act"} | 2,386 | 293 | 0.371862 | 1.205443 | 0.488418 | 5.320988 | 9.460905 | 0.893004 |
SECTION 1. FINDINGS.
The Congress finds and declares that--
(1) it is the policy of the United States, in fulfillment
of its trust responsibility to Indian tribes, to promote Indian
self-determination and economic self-sufficiency;
(2) the Salt River Pima-Maricopa Indian Community
(hereinafter referred to as the ``Community'') has operated the
irrigation works within the Community's reservation since
November 1997 and is capable of fully managing the operation of
these irrigation works;
(3) considering that the irrigation works, which are
comprised primarily of canals, ditches, irrigation wells,
storage reservoirs, and sump ponds located exclusively on lands
held in trust for the Community and allottees, have been
operated generally the same for over 100 years, the irrigation
works will continue to be used for the distribution and
delivery of water;
(4) considering that the operational management of the
irrigation works has been carried out by the Community as
indicated in paragraph (2), the conveyance of ownership of such
works to the Community is viewed as an administrative action;
(5) the Community's laws and regulations are in compliance
with section 2(b); and
(6) in light of the foregoing and in order to--
(A) promote Indian self-determination, economic
self-sufficiency, and self-governance;
(B) enable the Community in its development of a
diverse, efficient reservation economy; and
(C) enable the Community to better serve the water
needs of the water users within the Community,
it is appropriate in this instance that the United States
convey to the Community the ownership of the irrigation works.
SEC. 2. CONVEYANCE AND OPERATION OF IRRIGATION WORKS
(a) Conveyance.--The Secretary of the Interior, as soon as is
practicable after the date of the enactment of this Act, and in
accordance with the provisions of this Act and all other applicable
law, shall convey to the Community any or all rights and interests of
the United States in and to the irrigation works on the Community's
reservation which were formerly operated by the Bureau of Indian
Affairs. Notwithstanding the provisions of sections 1 and 3 of the Act
of April 4, 1910 (25 U.S.C. 385) and sections 1, 2, and 3 of the Act of
August 7, 1946 (25 U.S.C. 385a, 385b, and 385c) and any implementing
regulations, during the period between the date of the enactment of
this Act and the conveyance of the irrigation works by the United
States to the Community, the Community shall operate the irrigation
works under the provisions set forth in this Act and in accordance with
the Indian Self-Determination and Education Assistance Act (25 U.S.C.
450 et seq.), including retaining and expending operations and
maintenance collections for irrigation works purposes. Effective upon
the date of conveyance of the irrigation works, the Community shall
have the full ownership of and operating authority over the irrigation
works in accordance with the provisions of this Act.
(b) Fulfillment of Federal Trust Responsibilities.--To assure
compliance with the Federal trust responsibilities of the United States
to Indian tribes, individual Indians and Indians with trust allotments,
including such trust responsibilities contained in Salt River Pima-
Maricopa Indian Community Water Rights Settlement Act of 1988 (Public
Law 100-512), the Community shall operate the irrigation works
consistent with this Act and under uniform laws and regulations adopted
by the Community for the management, regulation, and control of water
resources on the reservation so as to assure fairness in the delivery
of water to water users. Such Community laws and regulations include
currently and shall continue to include provisions to maintain the
following requirements and standards which shall be published and made
available to the Secretary and the Community at large:
(1) Process.--A process by which members of the Community,
including Indian allottees, shall be provided a system of
distribution, allocation, control, pricing and regulation of
water that will provide a just and equitable distribution of
water so as to achieve the maximum beneficial use and
conservation of water in recognition of the demand on the water
resource, the changing uses of land and water and the varying
annual quantity of available Community water.
(2) Due process.--A due process system for the
consideration and determination of any request by an Indian or
Indian allottee for distribution of water for use on his or her
land, including a process for appeal and adjudication of denied
or disputed distributions and for resolution of contested
administrative decisions.
(c) Subsequent Modification of Laws and Regulations.--If the
provisions of the Community's laws and regulations implementing
subsection (b) only are to be modified subsequent to the date of the
enactment of this Act by the Community, such proposed modifications
shall be published and made available to the Secretary at least 120
days prior to their effective date and any modification that could
significantly adversely affect the rights of allottees shall only
become effective upon the concurrence of both the Community and the
Secretary.
(d) Limitations of Liability.--Effective upon the date of the
enactment of this Act, the United States shall not be liable for
damages of any kind arising out of any act, omission, or occurrence
based on the Community's ownership or operation of the irrigation
works, except for damages caused by acts of negligence committed by the
United States prior to the date of the enactment of this Act. Nothing
in this section shall be deemed to increase the liability of the United
States beyond that currently provided in the Federal Tort Claims Act
(28 U.S.C. 2671 et seq.).
(e) Cancellation of Charges.--Effective upon the date of conveyance
of the irrigation works under this section, any charges for
construction of the irrigation works on the reservation of the
Community that have been deferred pursuant to the Act of July 1, 1932
(25 U.S.C. 386a) are hereby canceled.
(f) Project No Longer a BIA Project.--Effective upon the date of
conveyance of the irrigation works under this section, the irrigation
works shall no longer be considered a Bureau of Indian Affairs
irrigation project and the facilities will not be eligible for Federal
benefits based solely on the fact that the irrigation works were
formerly a Bureau of Indian Affairs irrigation project. Nothing in this
Act shall be construed to limit or reduce in any way the service,
contracts, or funds the Community may be eligible to receive under
other applicable Federal law.
SEC. 3. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act shall be construed to diminish the trust
responsibility of the United States under applicable law to the Salt
River Pima-Maricopa Indian Community, to individual Indians, or to
Indians with trust allotments within the Community's reservation.
Passed the House of Representatives October 3, 2000.
Attest:
Clerk. | Requires the operation of the works consistent with specified standards, including those for: (1) equitable distribution of water; and (2) a due process system for determination of any request for distribution of water.
Cancels on the conveyance date any charges for construction of the works that were deferred.
Provides that, upon such date, the works shall no longer be considered a BIA irrigation project and will not be eligible for Federal benefits based solely on the fact that the works were formerly such a project. | {"src": "billsum_train", "title": "To provide for the ownership and operation of the irrigation works on the Salt River Pima-Maricopa Indian Community's reservation in Maricopa County, Arizona, by the Salt River Pima-Maricopa Indian Community."} | 1,519 | 111 | 0.436269 | 1.371345 | -0.039935 | 3.171717 | 13.939394 | 0.949495 |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Cryptocurrency Protocol Protection
and Moratorium Act'' (also, ``CryptPMA'').
SEC. 2. MORATORIUM.
(a) Neither the Federal Government nor any State or political
subdivision thereof shall impose any statutory restrictions or
regulations specifically identifying and governing the creation, use,
exploitation, possession or transfer of any algorithmic protocols
governing the operation of any virtual, non-physical, algorithm or
computer source code-based medium for exchange (collectively,
``cryptocurrency'' as defined herein) for a period beginning June 1,
2015, and extending five years after the enactment of this Act (such
period, the ``moratorium period''), except for statutes already enacted
and effective prior to the date of enactment of this Act, and further
suspending the enactment and effectiveness of any and all pending
statutes and regulations until the end of the aforementioned moratorium
period, except as otherwise provided in this section.
(b) Nothing in this Act shall prevent, impair or impede the
operation of any government agency, authority or instrumentality,
whether of the Federal Government or of any State or political
subdivision thereof, to enforce currently existing criminal, civil or
taxation statutes and regulations.
SEC. 3. DEFINITIONS.
(a) ``Algorithm'' is defined as a procedure for solving a
mathematical problem in a finite number of steps performed by a
computer.
(b) ``Algorithmic chain'' is a series or chain of bits of data
comprising a unique string of data which is the basis for the
cryptographic proof of a valid transfer or transaction of
cryptocurrencies. The algorithmic chain for a cryptocurrency is
commonly referred to as a ``blockchain''.
(c) The ``cryptographic proof'' for each transaction or transfer is
based on one unique algorithmic chain, distinct from all previously
existing algorithms and neither replicable nor reusable yet sharing
with all other units at least one common source code element in the
algorithmic chain (or ``blockchain'') in the transferor's existing
bitcoin or bitcoins.
(d) ``Protocol'' refers to procedures or guidelines governing the
creation, development and operation of a cryptocurrency.
(e) ``Service'' is defined as the Internal Revenue Service.
(f) The phrase ``using the Internet or other electronic, non-
physical medium'' means by placement of material in a computer server-
based file archive so that it is publicly accessible, on, through, or
over the Internet, using hypertext transfer protocol, file transfer
protocol, or other similar protocols.
(g) ``Cryptocurrency'' is a popular term encompassing code-based
protocols supporting an electronic, non-physical media for the exchange
of value, and for the sake of both clarity and the avoidance of
confusion in the mind of the public, based on the prior use of this
term by the Internal Revenue Service in its initial guidance (see
Notice 2014-21, released March 26, 2014) this term is used herein.
However, it is believed ``cryptocurrency'' encompasses the same
protocols as those covered by terms such as ``digital currency'',
``virtual currency'' or ``electronic currency''.
SEC. 4. DECLARATION OF MORATORIUM.
(a) In General.--It is the sense of Congress that no new statutes,
regulations or advisory opinions be passed, implemented, enforced or
issued governing the creation, use, possession or taxation of
cryptocurrencies, the protocols governing each and the data, codes,
algorithms or other calculations comprising each, until the expiration
of the moratorium as provided in this Act.
(b) Public Interest.--It is further the sense of Congress that the
development and use of any media for exchange which possesses the
characteristic of cryptographic proof of and for a transaction of
cryptocurrency without the need for or reliance upon third-party
intermediaries or verification is a circumstance that is likely to
result in economic and other efficiencies for the American people and
other participants in the domestic economy, and as such may be crucial
to overall economic growth, will enhance the economic well-being of the
American people and will otherwise be in the public interest.
SEC. 5. DECLARATION OF NEUTRAL TAX TREATMENT.
(a) In General.--It is the sense of Congress that the production,
possession or use of cryptocurrency, whether in trade, commerce or
personal non-commercial transfers, should not be disfavored or
discouraged by the Federal tax code or other Federal or State statute
or regulation.
(b) Tax Treatment.--It is the sense of Congress that the current
guidance just promulgated and released by the Service in its Notice
2014-21 is advisory, subject to public comment and not in final form
pending the expiration of the comment period. As such, Congress
believes that the current guidance is less than optimal for the
American people and economy, and directs the Service to issue or revise
interim regulations consistent with the following.
(c) Treatment as Currency.--It is the sense of Congress that
virtual currencies should be treated as currency instead of property in
order to foster an equitable tax treatment and prevent a tax treatment
that would discourage the use of any cryptocurrency. Tax treatment of
cryptocurrency as property does not account for the substantial
illiquidity and highly limited acceptance and use of cryptocurrency,
and substantially and unfairly discourages taxpayers engaging in a
trade or business from using cryptocurrency in commerce. This
circumstance is likely to discourage economic activity and stifle
innovation and growth. At present, a taxpayer accepting cryptocurrency
for goods or services will be taxed on the fair market value of the
cryptocurrency despite the fact that exchange rates (from
cryptocurrency to conventional currency) are both highly volatile and
published or available only on a small number of proto-exchanges in the
early stages of development, acceptance and awareness by cryptocurrency
users. As a result, current tax treatment will measure income on the
basis of an illiquid and likely inaccurate fair market value that
exceeds the taxpayer's true fair market value and hence income,
resulting in the risk of a consistent overtaxation or overpayment that
will act as a strong deterrent to or penalty for accepting
cryptocurrency in payment. Such tax treatment is inconsistent with the
tax treatment of secured notes for payment in trade or commerce, which
recognizes a discount from the face value of the note due to the
illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.)
(d) Revenue in Trade or Business; Taxation Upon Monetizing Event.--
It is the sense of Congress that taxpayers accepting cryptocurrency in
trade or commerce should be deemed to realize actual income only when
cryptocurrency is monetized through conversion or exchange into dollars
or any official government currency, and that fair market value should
be calculated as net proceeds from the conversion. (Note: This
treatment seeks to achieve the most accurate and fair measure of actual
income received, as distinguished from theoretical income in the form
of cryptocurrency which, until its conversion to dollars, remains under
substantial risk of diminution from illiquidity or other conversion
risks or inefficiencies. This treatment is consistent with tax
treatment of statutory stock options where the taxable event is not the
receipt or exercise of the option, but the sale of the underlying stock
for proceeds in cash. The goal here is to have income taxed when the
income is actual instead of theoretical and subject to substantial if
not total risk of loss through liquidity problems, exchange problems or
other barriers to monetization.) Accordingly, as it is the further
sense of Congress that income on cryptocurrency received in trade or
business should be defined as the net proceeds from conversion of the
received cryptocurrency into dollars, the Service is hereby directed to
revise or issue interim regulations consistent herewith.
(e) Revenue From Mining or Creation of Cryptocurrency.--It is the
sense of Congress that the Service's guidance that taxpayers should
have the fair market value of the cryptocurrency they successfully
``mine'' or produce included in gross income is inequitable, overstates
actual income by overstating fair market value by not accounting for
the liquidity risk or the risk that substantial effort may yield no
production, and strongly and unfairly penalizes or discourages such
income producing efforts and deters economic growth, activity and
innovation. Accordingly, as it is the further sense of Congress that
mined produced cryptocurrency should be taxed as income only when
actual income is realized by a transfer and conversion of proceeds into
dollars, the Service is hereby directed to revise or issue interim
regulations consistent herewith.
SEC. 6. SEVERABILITY.
If any provision of this title, or any amendment made by this
title, or the application of that provision to any person or
circumstance, is held by a court of competent jurisdiction to violate
any provision of the Constitution of the United States, then the other
provisions of that title, and the application of that provision to
other persons and circumstances, shall not be affected. | Cryptocurrency Protocol Protection and Moratorium Act or the CryptPMA - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Expresses the sense of Congress that, until the expiration of the five-year moratorium, no new statutes, regulations or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations. Expresses the sense of Congress further that: (1) development and use of any medium for exchange which possesses the characteristic of cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification is in the public interest; and (2) production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation. Expresses the sense of Congress that: (1) the current guidance released by the IRS in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period; and (2) less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with the sense of Congress that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars. | {"src": "billsum_train", "title": "CryptPMA"} | 1,992 | 497 | 0.633437 | 2.127259 | 0.812035 | 6.266816 | 4.09417 | 0.957399 |
SECTION 1. FINDINGS AND PURPOSE.
(a) The Congress finds that--
(1) the city of Waterloo, Iowa, and northeast Iowa of the
State possess many important elements of the nationally
significant story of American agriculture, including Native
American agriculture, agricultural mechanization, seed
hybridization, farm cooperative movements, rural
electrification, farm-to-market systems, rural to urban
migration, veterinary practice, food processing and
preservation, national farm organizations, international hunger
relief, and the development of national and international
agribusiness;
(2) these resources offer outstanding and unique
opportunities to acknowledge and appreciate the development of
American agriculture;
(3) the National Park Service has determined that the story
of American agriculture is nationally significant, that
northeast Iowa is an ideal place to tell that story, and that
this story could be divided into 4 principal topics for
interpretation in northeast Iowa: the Amazing Science of
Agriculture, Agriculture as a Way of Life, Organizing for
Survival, and Crops from Field to Table;
(4) the responsibility for interpreting, retaining,
enhancing, and promoting the resources, values, and amenities
of Waterloo, Iowa and northeast Iowa resides with volunteer
associations, private businesses, political subdivisions of the
State, and the State of Iowa; and
(5) despite the efforts by volunteer associations, private
businesses, political subdivisions of the State, and the State
of Iowa, the cultural and historical resources of the area have
not realized full potential and may be lost without some
assistance from the Federal Government.
(b) Purposes.--The purposes of this Act are--
(1) to interpret, retain, enhance, and promote the unique
and significant contributions to national and international
agriculture of certain natural, historic, and cultural
resources within Waterloo, Iowa, and northeast Iowa;
(2) to provide a partnership management framework to assist
volunteer associations, private businesses, political
subdivisions of the State, and the State of Iowa in developing
and implementing Management Plan policies and programs that
will assist in the interpretation, retention, enhancement, and
promotion of the cultural, natural, and recreational resources
of northeast Iowa;
(3) to allow for local, State, and Federal contributions
through limited grants and technical assistance to create
America's Agricultural Heritage Partnership through cooperative
agreements among volunteer associations, private businesses,
political subdivisions of the State, the State of Iowa, and
residents of the area; and
(4) to provide for an economically self-sustaining
Partnership for the educational and inspirational benefit of
current and future generations concerning the story of American
agriculture.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) Partnership.--The term ``Partnership'' means the
America's Agricultural Heritage Partnership as established by
section 3(a).
(2) Management entity.--The term ``management entity''
means the management entity as established by section 4(a).
(3) Political subdivision.--The term ``political
subdivision'' means a political subdivision of the State of
Iowa, any part of which is located in or adjacent to the area
in which the Partnership's Activities occur, including a
county, city, or town.
(4) State.--The term ``State'' means the State of Iowa.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) Partnership management plan.--The term ``Partnership
Management Plan'' means the plan as established in section
5(a).
(7) Activities.--The term ``activities'' means the
activities limited in section 3(b).
SEC. 3. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP.
(a) Establishment.--To carry out this Act, there is established in
the State of Iowa the America's Agricultural Heritage Partnership upon
publication by the Secretary in the Federal Register of notice that a
Partnership Management Plan has been approved by the Secretary.
(b) Activities.--The Partnership's activities shall be limited to
the counties of northeast Iowa that are generally depicted in
``Alternatives #2 and #3'' described in the 1995 National Park Service
``Special Resource Study, Cedar Valley, Iowa.''.
(c) Participation.--Nothing in this Act shall require any resident
located in the area in which the Partnership's activities occur to
participate in or be associated with the Partnership or the
Partnership's activities.
(d) Affiliations.--Nothing in this Act shall prohibit future
affiliations or designations of the Partnership or Partnership
Management Entity.
(e) Grants, Technical Assistance, and Cooperative Agreements.--
(1) Grants and technical assistance.--The Secretary may
make grants and provide technical assistance to America's
Agricultural Heritage Partnership to assist it in carrying out
its purposes.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with private entities, the
State of Iowa, or any political subdivision thereof, and other
Federal entities, to further the purposes of this Act, the
Partnership, or the Partnership Management Entity.
SEC. 4. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP MANAGEMENT ENTITY.
(a) Establishment.--There is established a management entity for
the Partnership based on the ``Management Option #5'' outlined in the
1995 National Park Service ``Special Resource Study, Cedar Valley,
Iowa'' and subject to the approval of the Secretary.
(b) Partnership Management Plan.--The Partnership management entity
shall be established in the Partnership Management Plan as established
in section 5(a).
(c) Composition.--The membership of the management entity may
include persons affiliated with the following entities: the American
Association of Museums, American Farm Bureau, American Farmland Trust,
Effigy Mounds National Monument and Herbert Hoover National Historic
Site, Iowa Department of Agriculture and Land Stewardship, Iowa
Department of Corrections, Iowa Department of Cultural Affairs, Iowa
Department of Economic Development, National Trust for Historic
Preservation, Smithsonian Institution, the State Historic Preservation
Office of the State of Iowa, United States Department of Agriculture,
United States Department of Transportation and the America's
Agricultural/Industrial Heritage Landscape, Inc.
SEC. 5. PARTNERSHIP MANAGEMENT PLAN.
(a) Preparation of Partnership Management Plan.--A Partnership
Management Plan shall be submitted to the Secretary for approval no
later than one year after the date of the enactment of this Act.
(b) Assistance.--The Secretary may provide technical assistance in
the preparation of the Partnership Management Plan.
SEC. 6. LAND USE REGULATION AND PRIVATE PROPERTY PROTECTION.
(a) Regulation.--Nothing in this Act shall be construed to modify,
enlarge, or diminish any authority of Federal, State, and local
governments to regulate any use of privately owned land than that
provided by current law or regulation.
(b) Land Use.--Nothing in this Act shall be construed to grant the
powers of zoning, land use or condemnation to the Partnership
Management Entity, the Secretary or any other Federal, State, or local
government entity.
SEC. 7. AUTHORIZATION.
(a) In General.--There is authorized to be appropriated not more
than $400,000 annually for grants and technical assistance under
sections 3(e)(1) and 5(b).
(b) Percent of Cost.--Federal funding under sections 3(e)(1) and
5(b) shall not exceed 50 percent of the total cost of the grant or
technical assistance provided under such section. | Establishes in Iowa the America's Agricultural Heritage Partnership to promote the story of American agriculture, centered upon the area of Waterloo and northeast Iowa.
Authorizes the Secretary of Agriculture to provide grants and technical assistance to the Partnership, and to enter into related cooperative agreements with private and governmental entities. Establishes a Partnership management entity and requires the development of a management plan.
Authorizes appropriations. | {"src": "billsum_train", "title": "To establish America's Agricultural Heritage Partnership in Iowa, and for other purposes."} | 1,658 | 92 | 0.523753 | 1.43482 | 0.980038 | 2.689189 | 20.108108 | 0.878378 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Executive Service Taking
Responsibility for Unilateral Station Transfers Act'' or the ``SES
TRUST Act''.
SEC. 2. DETERMINATION OF BASIC RATE OF PAY FOR MEMBERS OF THE SENIOR
EXECUTIVE SERVICE.
(a) In General.--Section 5383 of title 5, United States Code, is
amended by striking subsection (a) and inserting the following--
``(a)(1) With respect to each Senior Executive Service position
within the applicable agency, the appointing authority shall determine
from time to time the annual rate of basic pay for each such position,
consistent with the applicable limitations on rates of pay provided in
section 5382.
``(2) Any individual appointed to a Senior Executive Service
position shall receive the annual rate of basic pay applicable to such
position, as determined by the appointing authority under paragraph
(1).
``(3) Notwithstanding any other provision of law, rule, or
regulation, and except as provided in paragraph (4), any senior
executive at an agency who transfers or otherwise moves to a Senior
Executive Service position at any other agency shall receive the annual
rate of basic pay applicable to such position, as determined by the
applicable appointing authority under paragraph (1).
``(4) Notwithstanding any other provision of law, rule, or
regulation, and except as provided in paragraph (4), any senior
executive at an agency who transfers or otherwise moves to any other
Senior Executive Service position within the agency, such executive
shall, beginning on the first day of the first pay period beginning
after the date that the executive first occupies such other position,
receive the annual rate of pay applicable to such other position.
``(5)(A) Not later than 30 days after the date that a senior
executive is reassigned under section 3395 to any other Senior
Executive Service position, the Director of the Office of Personnel
Management shall review such reassignment decision to ensure that the
decision was not based on any impermissible reason.
``(B) If the Director determines that the reassignment was based on
any impermissible reason, and the rate of basic pay applicable to such
other position (as determined under subsection (a)(1)) is lower than
the rate provided under the previous position, the senior executive
shall retain the higher rate of basic pay.
``(C) In this paragraph, the term `impermissible reason' includes
any reason other than performance of the senior executive or interests
in the efficiency of the Senior Executive Service.''.
(b) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 5382, by striking subsection (c);
(2) in section 5383(c), by inserting ``and the requirements
of section 5383(a)'' after ``section 5385'';
(3) in section 5383(d), by adding at the end after the
period the following: ``The preceding sentence shall not apply
in the case of any senior executive subject to the requirements
of section 5383(a)(3).''.
(c) Effective Date.--The Director of the Office of Personnel
Management shall promulgate regulations to carry out the review
required by section 5383(a)(4) of title 5, United States Code (as added
by subsection (a)), not later than the date that is one year after the
date of enactment of this Act.
(d) Application.--Notwithstanding any other provision of law, rule,
or regulation, each individual occupying a Senior Executive Service
position (as that term is defined in section 3132(a)(2) of title 5,
United States Code) on the date of enactment of this Act shall,
beginning on the first day of the first pay period beginning after the
date that the applicable appointing authority makes the determination
under section 5383(a) of title 5, United States Code (as amended by
subsection (a)), receive the rate of pay applicable to such position,
as determined by the appointing authority under such section.
SEC. 3. SEMIANNUAL REPORTS ON TRANSFERS OF SENIOR EXECUTIVES OF
DEPARTMENT OF VETERANS AFFAIRS.
(a) Semiannual Reports.--On a semiannual basis, the Secretary of
Veterans Affairs shall submit to the Committees on Veterans' Affairs of
the House of Representatives and the Senate a report on covered senior
executives who transfer from one senior executive position in the
Department of Veterans Affairs to another senior executive position in
the Department during the period covered by the report.
(b) Matters Included.--Each report under subsection (a) shall
include, with respect to each covered senior executive who transfers
from one senior executive position in the Department to another senior
executive position in the Department during the period covered by the
report, the following:
(1) The name of the covered senior executive.
(2) A description of the senior executive position from
which the covered senior executive transferred, including the
annual rate of basic pay received by the covered senior
executive in such position.
(3) A description of the senior executive position to which
the covered senior executive transferred, including the annual
rate of basic pay received by the covered senior executive in
such position.
(4) A description of the purpose of the transfer.
(5) Justification for any increase or decrease in the
annual rate of basic pay received by the covered senior
executive by reason of such transfer.
(6) Information regarding any relocation expenses and any
incentives provided to the covered senior executive as part of
such transfer.
(c) Definitions.--In this section:
(1) The term ``covered senior executive'' means an
individual (as such term is defined in section 713(g)(1) of
title 38, United States Code).
(2) The term ``senior executive position'' has the meaning
given that term in section 713(g)(3) of title 38, United States
Code. | Senior Executive Service Taking Responsibility for Unilateral Station Transfers Act or the SES TRUST Act This bill directs the appointing authority for each agency to periodically determine the annual rate of basic pay for each Senior Executive Service (SES) position within such agency. Any senior executive who transfers or otherwise moves to an SES position with the same or any other agency shall receive the rate of pay applicable to that position. The Office of Personnel Management (OPM) must review any decision to reassign a senior executive to another SES position, within 30 days after such reassignment, to ensure that the decision was not based on an impermissible reason (defined as any reason other than performance of the senior executive or interests in the efficiency of the SES). If OPM determines that the reassignment was based on an impermissible reason, and the rate of basic pay applicable to such other position is lower than the rate provided under the previous position, the senior executive shall retain the higher rate of pay. The bill requires the Department of Veterans Affairs (VA) to submit, semiannually, a report on covered senior executives who transfer from one SES position to another within the VA, including a justification for any increase or decrease in pay, and information on any incentives or relocation expenses, received by such person. | {"src": "billsum_train", "title": "SES TRUST Act"} | 1,284 | 287 | 0.734582 | 2.224555 | 0.832666 | 4.360656 | 4.95082 | 0.942623 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficiency and Assistance Act
of 2001''.
SEC. 2. SUPPLEMENTAL LIHEAP FUNDING FOR STATES WITH CERTAIN PROGRAMS.
Section 2607A(b) of the Low-Income Home Energy Assistance Act of
1981 (42 U.S.C. 8626a) is amended by adding the following at the end
thereof:
``The term `leveraged resources' also includes any State program which
facilitates the collection of donations by electric and gas utilities
to be used by public agencies or private nonprofit organizations to pay
the electric and natural gas utility bills of individuals in households
with incomes which do not exceed an amount equal to 200 percent of the
poverty level for the State concerned and other individuals with
insufficient financial resources to pay such bills.''.
SEC. 3. LIHEAP AND SUPPLEMENTAL LIHEAP AUTHORIZATIONS.
Section 2602 of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8621) is amended as follows:
(1) In subsection (b), strike ``$2,000,000000 for each of
fiscal years 2002 through 2004'' and insert ``$3,400,000,0000
for each of the fiscal years 2002 through 2005''.
(2) Amend subsection (d) to read as follows:
``(d) There is authorized to carry out section 2607A, $100,000,000
for each of the fiscal years 2002 through 2005.''.
SEC. 4. ENERGY EFFICIENT HOME FINANCING.
(a) Residential Energy Efficiency Improvement Loans Included as
Qualified Thrift Investment.--Subclause (I) of section 10(m)(4)(C)(ii)
of Home Owners' Loan Act (12 U.S.C. 1467a(m)(4)(C)(ii)(I)) is amended
by inserting ``, including residential energy efficiency improvement
loans'' before the period at the end.
(b) Projected Energy Savings Taken Into Account in Determining Loan
Eligibility.--
(1) In general.--Chapter 2 of the Truth in Lending Act (15
U.S.C. 1631 et seq.) is amended by adding at the end the
following new section:
``Sec. 140. Residential energy efficiency improvement loans
``(a) Energy Savings.--In making any determination concerning the
eligibility of any consumer for a residential energy efficiency
improvement loan, the creditor shall take into account the amount of
the estimated future savings attributable to the improvements in energy
efficiency.
``(b) Factors for Consideration.--In reviewing regulations
prescribed under this title and considering proposed regulations under
this title, the Board shall consider--
``(1) whether the regulations or proposed regulations make, or
could make, residential energy efficiency improvement loans more
affordable; and
``(2) whether any changes could be made in such regulations to
provide more flexibility for home equity loans in order to make such
loans more readily available to low- and moderate-income consumers for
the purposes of improving residential energy efficiency.
``(c) Residential Energy Efficiency Improvement Loan Defined.--For
purposes of this section, the term `residential energy efficiency
improvement loan' means any loan or extension of credit, secured or
unsecured, the proceeds of which are to be used for improving the
energy efficiency of residential real property, including the purchase
and installation of alternative sources of energy.''.
(2) Clerical amendment.--The table of sections for chapter
2 of the Truth in Lending Act is amended by inserting after the
item relating to section 139 the following new item:
``140. Residential energy efficiency improvement loans''.
(c) FHA.--Title V of the National Housing Act (12 U.S.C. 1731a et
seq.) is amended by adding at the end the following new section:
``SEC. 543. INCENTIVES TO INCREASE ENERGY EFFICIENCY.
``Not later than 12 months after the date of the enactment of the
Energy Efficiency and Assistance Act of 2001, the Secretary shall--
``(1) develop and implement measures under the mortgage
insurance programs under this Act--
``(A) to provide financing incentives to improve
the energy efficiency of residential properties subject
to mortgages insured under this Act;
``(B) to make energy efficient mortgages (as such
term is defined in section 106(c) of the Energy Policy
Act of 1992 (42 U.S.C. 12712 note)) more affordable and
available; and
``(C) to ensure that, in making any determination
concerning the eligibility of any borrower for a
mortgage insured under this Act that includes financing
for any residential energy conservation measures (as
such term is defined in section 210 of the National
Energy Conservation Policy Act (42 U.S.C. 8211)), the
lender shall take into account the amount of the
estimated future savings attributable to the
improvements in energy efficiency; and
``(2) submit a report to the Congress specifying the
actions taken to carry out the requirements under paragraph
(1).''.
(d) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) is amended by adding at the end the following new
section:
``SEC. 544. INCENTIVES TO INCREASE ENERGY EFFICIENCY.
``Not later than 12 months after the date of the enactment of the
Energy Efficiency and Assistance Act of 2001, the Secretary shall--
``(1) develop and implement measures under the housing loan
programs under this title--
``(A) to provide financing incentives to improve
the energy efficiency of residential properties puon
210 of the National Energy Conservation Policy Act (42
U.S.C. 8211)), the lender shall take into account the
amount of the estimated future savings attributable to
the improvements in energy efficiency; and
``(2) submit a report to the Congress specifying the
actions taken to carry out the requirements under paragraph
(1).''.
(e) Fannie Mae.--The Federal National Mortgage Association Charter
Act (12 U.S.C. 1716 et seq.) is amended by inserting after section 304
the following new section:
``incentives to increase energy efficiency--federal national mortgage
association
``Sec. 305. Not later than 12 months after the date of the
enactment of the Energy Efficiency and Assistance Act of 2001, the
corporation shall--
``(1) develop and implement measures or standards for loans
purchased by the corporation--
``(A) to provide financing incentives to improve
the energy efficiency of residential properties
purchased with such loans;
``(B) to make energy efficient mortgages (as such
term is defined in section 106(c) of the Energy Policy
Act of 1992 (42 U.S.C. 12712 note)) more affordable and
available; and
``(C) to ensure that, in making any determination
concerning the eligibility of any borrower for such a
loan that includes financing for any residential energy
conservation measures (as such term is defined in
section 210 of the National Energy Conservation Policy
Act (42 U.S.C. 8211)), the lender shall take into
account the amount of the estimated future savings
attributable to the improvements in energy efficiency;
and
``(2) submit a report to the Congress specifying the
actions taken to carry out the requirements under paragraph
(1).''.
(f) Freddie Mac.--The Federal Home Loan Mortgage Corporation Act
(12 U.S.C. 1451 et seq.) is amended by adding at the end the following
new section:
``incentives to increase energy efficiency
``Sec. 311. Not later than 12 months after the date of the
enactment of the Energy Efficiency and Assistance Act of 2001, the
Corporation shall--
``(1) develop and implement measures or standards for loans
purchased by the Corporation--
``(A) to provide financing incentives to improve
the energy efficiency of residential properties
purchased with such loans;
``(B) to make energy efficient mortgages (as such
term is defined in section 106(c) of the Energy Policy
Act of 1992 (42 U.S.C. 12712 note)) more affordable and
available; and
``(C) to ensure that, in making any determination
concerning the eligibility of any borrower for such a
loan that includes financing for any residential energy
conservation measures (as such term is defined in
section 210 of the National Energy Conservation Policy
Act (42 U.S.C. 8211)), the lender shall take into
account the amount of the estimated future savings
attributable to the improvements in energy efficiency;
and
``(2) submit a report to the Congress specifying the
actions taken to carry out the requirements under paragraph
(1).''. | Energy Efficiency and Assistance Act of 2001 - Amends the Low-Income Home Energy Assistance Act of 1981 to redefine "leveraged resources" to include any State program which facilitates the collection of donations by electric and gas utilities to be used by public agencies or private nonprofit organizations to pay the utility bills of specified individuals with insufficient financial resources to pay such bills.Extends authorization of appropriations for home energy grants to FY 2005.Amends the Home Owners' Loan Act to include residential energy efficiency improvement loans among the assets of a savings association that qualify as qualified thrift investments.Amends the Truth in Lending Act to require a creditor, when determining consumer eligibility for a residential energy efficiency improvement loan, to take into account estimated future savings attributable to energy efficiency improvements.Amends the following Acts to instruct the Secretary of Housing and Urban Development to develop and implement measures that promote financial incentives for increased energy efficiency: (1) National Housing Act; (2) the Housing Act of 1949; (3) the Federal National Mortgage Association Charter Act; and (4) the Federal Home Loan Mortgage Corporation Act. | {"src": "billsum_train", "title": "To amend the Low-Income Energy Assistance Act of 1981 to provide supplemental funds for States with programs to facilitate the collection of private donations by utilities to be used for payment of the utility bills, and for other purposes."} | 1,955 | 234 | 0.628654 | 1.77214 | 0.874312 | 4.033654 | 8.326923 | 0.870192 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pipe and Tube Inverted Tariff
Correction Act of 1993''.
SEC. 2. NONALLOY IRON AND STEEL PIPES AND TUBES.
(a) The superior article description for subheadings 7306.30.30 and
7306.30.50 of the Harmonized Tariff Schedule of the United States (19
U.S.C. 3007) is amended to read as follows: ``Having a wall thickness
of 1.65 mm or more, not galvanized''.
(b) Subheadings 7306.30.30 and 7306.30.50 of such Schedule are
redesignated as subheadings 7306.30.35 and 7306.30.55, respectively.
(c) Subheadings 7306.10.10, 7306.20.60, 7306.30.55 (as redesignated
by subsection (b)), and 7306.90.10 of such Schedule are each amended--
(1) by striking ``1.9%'' in the General subcolumn of the
column 1 rate of duty and inserting ``4.9%''; and
(2) by striking ``5.5%'' in the column 2 rate of duty and
inserting ``20%''.
(d) Subheadings 7306.20.20 and 7306.60.10 of such Schedule are each
amended--
(1) by striking ``0.5%'' in the General subcolumn of the
column 1 rate of duty and inserting ``4.9%''; and
(2) by striking ``1%'' in the column 2 rate of duty and
inserting ``20%''.
(e) Chapter 73 of such Schedule is amended by inserting in
numerical sequence the following new subheading having the same degree
of indentation as the superior text for subheadings 7306.30.35 and
7306.30.55 (as redesignated by subsection (b)):
`` 7306.30.60 Having a wall thickness of Free (C, E, IL) 21.5%
1.65 mm or more, galvanized.. 6.5% 1.1% (CA) ''
SEC. 3. ALLOY IRON AND STEEL PIPES AND TUBES.
Subheadings 7306.50.50 and 7306.90.50 of the Harmonized Tariff
Schedule of the United States are each amended--
(1) by striking ``4.9%'' in the General subcolumn of the
column 1 rate of duty and inserting ``9.5%''; and
(2) by striking ``10%'' in the column 2 rate of duty and
inserting ``28%''.
SEC. 4. STAINLESS STEEL PIPES AND TUBES.
(a) Subheading 7306.40.10 of the Harmonized Tariff Schedule of the
United States is amended by striking ``7.6%'' in the General subcolumn
of the column 1 rate of duty and inserting ``10.1%''.
(b) Subheading 7306.40.50 of such Schedule is amended--
(1) by striking ``5%'' in the General subcolumn of the
column 1 rate of duty and inserting ``10.1%''; and
(2) by striking ``11%'' in the column 2 rate of duty and
inserting ``29%''.
SEC. 5. NEGOTIATING AUTHORITY.
In the event that a claim for compensation under any provision of
the General Agreement on Tariffs and Trade or any other trade agreement
to which the United States is a party is made by any Contracting Party
to that agreement as a result of the amendments made by this Act, the
United States Trade Representative is authorized to negotiate such
reasonable compensation as may be appropriate.
SEC. 6. APPLICABILITY OF STAGED RATE REDUCTIONS UNDER THE UNITED
STATES-CANADA FREE-TRADE AGREEMENT.
(a) Any staged reduction of a special rate of duty set forth in
subheading 7306.30.30 of the Harmonized Tariff Schedule of the United
States that is proclaimed pursuant to the United States-Canada Free-
Trade Agreement shall also apply to the corresponding special rate of
duty set forth in subheading 7306.30.35 of such Schedule.
(b) Any staged reduction of a special rate of duty set forth in
subheading 7306.30.50 of the Harmonized Tariff Schedule of the United
States that is proclaimed pursuant to the United States-Canada Free-
Trade Agreement shall also apply to the corresponding special rate of
duty set forth in subheading 7306.30.55 of such Schedule.
(c) Any staged reduction of a special rate of duty set forth in
subheading 7306.30.55 of the Harmonized Tariff Schedule of the United
States (as redesignated by subsection (a)(2)) that is proclaimed
pursuant to the United States-Canada Free-Trade Agreement shall also
apply to the corresponding special rate of duty set forth in subheading
7306.30.60 of such Schedule.
SEC. 7. EFFECTIVE DATE.
Except as provided in section 8, the amendments made by sections 2,
3, and 4, shall apply with respect to goods entered, or withdrawn from
warehouse for consumption, on the earlier of--
(1) the date on which the President enters into a
multilateral trade agreement negotiated through the Uruguay
Round under the General Agreement on Tariffs and Trade; or
(2) January 1, 1994.
SEC. 8. WAIVER.
In the event that--
(1) negotiations on market access and tariffs in the
General Agreement on Tariffs and Trade provide for a tariff
rate elimination schedule on steel products that will remove
the tariff rate inversion on certain pipe and tube products;
and
(2) the President or the United States Trade Representative
certifies in writing to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate that such schedule will eliminate such tariff inversion;
the provisions of this Act shall not apply. | Pipe and Tube Inverted Tariff Correction Act of 1993 - Amends the Harmonized Tariff Schedule of the United States to revise a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes.
Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness.
Increases the duty on certain stainless steel pipes and tubes.
Authorizes the U.S. Trade Representative to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act.
Declares that any staged reduction in the rate of duty that is proclaimed pursuant to the United States-Canada Free-Trade Agreement shall apply to such products.
Sets forth certain waiver requirements with respect to the applicability of the provisions of this Act. | {"src": "billsum_train", "title": "Pipe and Tube Inverted Tariff Correction Act of 1993"} | 1,350 | 227 | 0.499159 | 1.539424 | 0.753796 | 4.218579 | 5.983607 | 0.907104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``The Entrepreneurship Tax Cut Act of
2011''.
SEC. 2. EXCLUSION FROM GROSS INCOME OF QUALIFIED CAPITAL DISTRIBUTION
FROM TAX-FAVORED ACCOUNTS.
(a) In General.--Part III of subchapter B of chapter 1 of the
Internal Revenue Code is amended by inserting before section 140 the
following new section:
``SEC. 139F. QUALIFIED CAPITAL DISTRIBUTIONS.
``(a) In General.--Gross income shall not include any qualified
capital distribution from a tax-favored account.
``(b) Definitions.--For purposes of this section--
``(1) Qualified capital distribution.--
``(A) In general.--The term `qualified capital
distribution' means any distribution to an individual
from a tax-favored account of such individual to the
extent such distribution is used to acquire an eligible
interest in an entity in connection with beginning an
active trade or business.
``(B) Eligible interest.--For purposes of this
paragraph, the term `eligible interest' means, with
respect to any entity, an ownership interest in such
entity of at least 40 percent of the total combined
voting power of all classes of interests entitled to
vote, or at least 40 percent of the total value of all
ownership interests in the entity.
``(C) Sole proprietorships.--Any capital
contribution to a sole proprietorship shall be treated
as meeting the requirements of subparagraphs (A) and
(B) if such requirements would be met if such
proprietorship were a corporation.
``(D) Beginning of trade or business.--Rules
similar to the rules of section 195(c)(2) shall apply
for purposes of this paragraph.
``(2) Tax-favored account.--The term `tax-favored account'
means any of the following:
``(A) An eligible retirement plan (as defined in
section 402(c)(8)(B)).
``(B) A health savings account described in section
223.
``(C) A Roth IRA.
``(D) A qualified tuition program described in
section 529.
``(c) Amount Distributed Must Be Repaid.--
``(1) In general.--Any individual who receives a qualified
capital distribution may make one or more contributions in an
aggregate amount not to exceed the amount of such distribution
to a tax-favored account of which such individual is a
beneficiary and to which a rollover contribution of such
distribution could be made under section 402(c), 403(a)(4),
403(b)(8), 408(d)(3), or 457(e)(16), 223(f)(5),or 529(c)(3)(C),
as the case may be.
``(2) Treatment of repayments of distributions from
eligible retirement plans other than iras.--For purposes of
this title, if a contribution is made pursuant to paragraph (1)
with respect to a qualified capital distribution from an
eligible retirement plan other than an individual retirement
plan, then the taxpayer shall, to the extent of the amount of
the contribution, be treated as having received the qualified
capital distribution in an eligible rollover distribution (as
defined in section 402(c)(4)) and as having transferred the
amount to the eligible retirement plan in a direct trustee to
trustee transfer within 60 days of the distribution.
``(3) Treatment of repayments for distributions from
iras.--For purposes of this title, if a contribution is made
pursuant to paragraph (1) with respect to a qualified capital
distribution from an individual retirement plan, then, to the
extent of the amount of the contribution, the qualified capital
distribution shall be treated as a distribution described in
section 408(d)(3) and as having been transferred to the
eligible retirement plan in a direct trustee to trustee
transfer within 60 days of the distribution.
``(4) Other tax-favored accounts.--For purposes of this
title, if a contribution is made pursuant to paragraph (1) with
respect to a qualified capital distribution--
``(A) from a health savings account described in
section 223, or
``(B) from a qualified tuition program described in
section 529,
then, to the extent of the amount of the contribution, the
qualified capital distribution shall be treated as a
distribution described in section 529(c)(3)(C) or 223(f)(5), as
the case may be, and as having been transferred to such account
or program, as the case may be, within 60 days of the
distribution.
``(d) Denial of Double Benefit.--The basis in any ownership
interest with respect to the acquisition of which an amount was
excluded from gross income under subsection (a) shall be reduced by an
amount equal to the amount so excluded. The Secretary may prescribe
such regulations as may be necessary to carry out the purposes of this
subsection in the case of capital contributions to sole
proprietorships.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 72(t) of such Code is amended
by adding at the end the following new subparagraph:
``(H) Qualified capital distributions.--Any
distribution excludable from gross income under section
139F (relating to qualified capital distributions).''.
(2) Subsection (a) of section 1016 of such Code is amended
by striking ``and'' at the end of paragraph (35), by striking
the period at the end of paragraph (36) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(37) to the extent provided in section 139F(d).''.
(c) Clerical Amendment.--The table of sections for part III of
subchapter B of chapter 1 of such Code is amended by inserting before
the item relating to section 140 the following new section:
``Sec. 139F. Qualified capital distributions.''.
(d) Effective Date.--The amendments made by this section shall
apply to distributions made after the date of the enactment of this
Act. | Entrepreneurship Tax Cut Act of 2011 - Amends the Internal Revenue Code to exclude from gross income amounts distributed from tax-exempt retirement plans, health savings accounts, Roth individual retirement accounts (IRAs), and qualified tuition programs to acquire an ownership interest (at least 40%) in an entity in connection with beginning an active trade or business. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow distributions from retirement accounts to start a business."} | 1,382 | 71 | 0.531711 | 1.192334 | 1.327203 | 2.80303 | 18.242424 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biological and Chemical Attack
Preparedness Act''.
SEC. 2. STATE PUBLIC HEALTH DISASTER PLANS.
(a) In General.--Not later than 120 days after the publication of
the standards developed by the Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') under subsection (c),
each State shall develop a State public health disaster plan for
responding to biological or chemical attacks. Not later than 180 days
after the publication of such standards, each State shall fully
implement the State's plan.
(b) Requirements of Plan.--A State public health disaster plan
developed under subsection (a) shall--
(1) comply with the standards developed under subsection
(c);
(2) require designated hospitals and health care providers
in the State to have procedures in place to provide health care
items and services (including antidotes, vaccines or other
drugs or biologicals) to all State residents in the event of a
biological or chemical attack;
(3) require that hospitals and health care providers
designated under paragraph (2) conduct drills, on a semiannual
or other basis determined appropriate by the Secretary, to
ensure the readiness of such hospital or provider to receive
and treat victims of a biological or chemical attack;
(4) be developed in consultation with affected local
governments and hospitals; and
(5) meet such other requirements as the Secretary
determines appropriate.
(c) Standards.--Not later than 120 days after the date of enactment
of this Act, the Secretary of Health and Human Services shall develop,
and publish in the Federal Register, standards relating to State public
health disaster plans, including requirements relating to the
equipment, training, treatment, and personnel that a hospital or health
care provider must have to be a designated hospital or provider under
such plan.
(d) Submission to Secretary.--
(1) In general.--Not later 360 days after the date on which
standards are published under subsection (c), and annually (or
at such other regular periods as the Secretary may determine
appropriate) thereafter, a State shall submit to the Secretary
for approval the disaster plan developed by the State under
this section. The Secretary may only approve such plan if the
Secretary determines that the plan complies with such
standards.
(2) Monitoring.--The Secretary shall monitor the States to
determine whether each State has developed and implemented a
State disaster plan in accordance with this section.
(e) Medicaid State Plan Requirement.--Section 1902(a) of the Social
Security Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (64), by striking ``and'' at the end;
(2) in paragraph (65), by striking the period at the end
and inserting ``; and'', and
(3) by inserting after paragraph (65) the following:
``(66) provide that the State shall develop, for approval
by the Secretary, and have in effect a State public health
disaster plan for responding to biological or chemical attacks
in accordance with section 2 of the Biological and Chemical
Attack Preparedness Act, except that this paragraph shall not
apply to a State if the Secretary waives the application of
this paragraph because of the existence of exceptional
circumstances.''.
SEC. 3. GRANTS FOR TRAINING, EQUIPMENT, AND PERSONNEL.
(a) In General.--The Secretary, acting through the Director of the
Office of Emergency Preparedness, shall award grants to hospitals and
health care providers to enable such hospitals and providers to provide
training, give treatment, purchase equipment, and employ personnel.
(b) Eligibility.--
(1) In general.--To be eligible for a grant under
subsection (a), a hospital or health care provider shall in
consultation with the State, prepare and submit to the Director
of the Office of Emergency Preparedness, an application at such
time, in such manner, and containing such information as the
Director may require.
(2) Preference for designated hospitals and providers.--In
awarding grants under this section, the Director shall give
priority to applicant hospitals and health care providers that
are designated hospitals or providers under the State public
health disaster plan under section 2.
(3) Governmental entities.--Notwithstanding paragraph
(1)(A), the Director may award a grant under this section to a
State or local governmental entity if the Secretary determines
that such an award is appropriate.
(c) Use of Funds.--
(1) In general.--A grantee shall use amounts received under
a grant under this section to provide training, give treatment
(including the provision of antidotes, vaccines or other drugs
or biologicals), purchase equipment, and employ personnel as
determined to be appropriate by the Director of the Office of
Emergency Preparedness to enable the grantee to carry out its
duties under the State public health disaster plan.
(2) Technical expertise.--A grantee may use amounts
received under a grant under this section to acquire technical
expertise to enable the grantee to develop appropriate
responses to biological or chemical attacks.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, such sums as may be necessary to carry out this section. | Biological and Chemical Attack Preparedness Act - Requires States, in consultation with local governments, to develop public health disaster plans for responding to biological or chemical attacks. Directs the Secretary of Health and Human Services to establish standards, approve, and oversee implementation of the plans.Requires each plan to designate hospitals which will have procedures in place to treat residents in the event of an attack. Requires the Secretary, through the Director of the Office of Emergency Preparedness, to award grants to hospitals, health care providers, and State or local government entities to fund the implementation of preparedness plans. | {"src": "billsum_train", "title": "A bill to increase the preparedness of the United States to respond to a biological or chemical weapons attack."} | 1,132 | 130 | 0.609694 | 1.448736 | 0.656377 | 3.018018 | 9.594595 | 0.873874 |
SECTION 1. DEDUCTION FOR TUITION AND RELATED EXPENSES FOR POSTSECONDARY
EDUCATION.
(a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following new
section:
``SEC. 222. TUITION AND RELATED EXPENSES FOR POSTSECONDARY EDUCATION.
``(a) Allowance of Deduction.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the qualified
tuition and related expenses of an eligible student paid by the
taxpayer during the taxable year.
``(b) Dollar Limitations.--
``(1) Per student.--The aggregate payments during the
taxable year for the qualified tuition and related expenses of
each individual which may be taken into account under
subsection (a) shall not exceed $10,000.
``(2) Per taxpayer.--The amount allowed as a deduction
under subsection (a) for the taxable year shall not exceed
$20,000.
``(3) Phaseout of deduction.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a) shall be reduced (but not below zero) by the amount
determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $125,000 ($175,000 in the
case of a joint return), bears to
``(ii) $20,000.
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after application of sections 86,
135, 137, 219, 221, and 469.
``(c) Definitions.--For purposes of this section:
``(1) Eligible student.--The term `eligible student' has
the meaning given to such term by section 25A(b)(3).
``(2) Qualified tuition and related expenses.--The term
`qualified tuition and related expenses' has the meaning given
to such term by section 25A(f)(1), reduced by the sum of--
``(A) the amount excluded from gross income under
section 127, 135, or 530 by reason of such expenses,
and
``(B) the amount of any scholarship, allowance, or
payment described in section 25A(g)(2).
``(d) Special Rules.--
``(1) Eligible courses.--Amounts paid for qualified tuition
and related expenses of any individual shall be taken into
account under subsection (a) only to the extent such expenses
are attributable to courses of instruction for which credit is
allowed toward a degree by an institution of higher education
or toward a certificate of required course work at a vocational
school.
``(2) Taxpayer who is dependent of another taxpayer.--No
deduction shall be allowed to a taxpayer under subsection (a)
for an amount paid for the education of such taxpayer if such
taxpayer is a dependent of another person for a taxable year
beginning in the calendar year in which the taxable year of the
taxpayer begins.
``(3) Spouse.--No deduction shall be allowed under
subsection (a) for amounts paid during the taxable year for
qualified tuition and related expenses of the spouse of the
taxpayer unless--
``(A) the taxpayer is entitled to an exemption for
his spouse under section 151(b) for the taxable year,
or
``(B) the taxpayer files a joint return with his
spouse for the taxable year.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of such Code is amended by inserting after paragraph (17) the
following new paragraph:
``(18) Tuition and related expenses for postsecondary
education.--The deduction allowed by section 222.''.
(c) Conforming and Clerical Amendments.--
(1) Subparagraph (A) of section 86(b)(2) of such Code is
amended by inserting ``222,'' after ``221,''.
(2) Subparagraph (A) of section 135(c)(4) of such Code is
amended by inserting ``222,'' after ``221,''.
(3) Subparagraph (A) of section 137(b)(3) of such Code is
amended by inserting ``222,'' after ``221,''.
(4) Clause (ii) of section 219(g)(3)(A) of such Code is
amended by inserting ``222,'' after ``221,''.
(5) Clause (i) of section 221(b)(2)(C) of such Code is
amended by inserting ``222,'' before ``911,''.
(6) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 221 and inserting:
``Sec. 222. Tuition and related expenses
for postsecondary education.
``Sec. 223. Cross reference.''.
(d) Effective Dates.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to allow as a deduction (subject to limitations) an amount equal to the qualified tuition and related expenses of an eligible postsecondary student paid by the taxpayer during the taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for the payment of tuition and related expenses for postsecondary education."} | 1,286 | 47 | 0.559829 | 1.246696 | 0.947345 | 4.282051 | 28.538462 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety and Self-Sufficiency Act of
2002''.
SEC. 2. ADDRESSING DOMESTIC AND SEXUAL VIOLENCE IN TANF PROGRAM.
Section 402(a)(7) of the Social Security Act (42 U.S.C. 602(a)(7))
is amended to read as follows:
``(7) Certifications regarding domestic and sexual
violence.--
``(A) General provisions.--A certification by the
chief executive officer of the State that the State has
established and is enforcing standards and procedures
to ensure that domestic and sexual violence is
comprehensively addressed, and a written document
outlining how the State will do the following:
``(i) Address needs of recipients.--Address
the needs of a recipient of assistance under
the State program funded under this part who is
or has been subjected to domestic or sexual
violence, including how the State will--
``(I) have trained caseworkers
screen, and, at the option of such a
recipient, assess and identify
individuals who are or have been
subjected to domestic or sexual
violence;
``(II) provide each such recipient
with adequate notice of eligibility and
program requirements, confidentiality
provisions, assessment and program
services, and modifications and waivers
available to such a recipient as well
as the process to access such services,
modifications, or waivers;
``(III) refer such recipients for
appropriate counseling and other
supportive services, modify or waive
eligibility or program requirements or
prohibitions to address domestic
violence and sexual assault barriers,
and ensure the access of such
recipients to job training, vocational
rehabilitation, and other employment-
related services as appropriate;
``(IV) restrict the disclosure of
any identifying information obtained
through any process or procedure
implemented pursuant to this paragraph
absent the recipient's written consent
or unless otherwise required to do so
under law; and
``(V) pursuant to a determination
of good cause, waive, without time
limit, any State or Federal eligibility
or program requirement or prohibition
for so long as necessary, in every case
in which an individual or family
receiving such assistance has been
identified as having been subjected to
domestic or sexual violence, and the
requirement makes it more difficult for
the individual to address, escape or
recover from the violence, unfairly
penalizes the individual, or makes the
individual or any child of the
individual unsafe.
``(ii) Coordination.--Coordinate or
contract with State or tribal domestic violence
coalitions, sexual assault coalitions, or
domestic or sexual violence programs in the
development and implementation of standards,
procedures, training, and programs required
under this part to address domestic and sexual
violence.
``(iii) Caseworker training.--Train
caseworkers in--
``(I) the nature and dynamics of
domestic or sexual violence and
the ways in which they may act to obstruct the economic security or
safety of such a recipient or any child of such a recipient;
``(II) the standards, policies and
procedures implemented pursuant to this
part, including the recipient's rights
and protections, such as notice and
confidentiality;
``(III) how to screen for and
identify when domestic or sexual
violence creates barriers to
compliance, and how to make effective
referrals for services and modify
eligibility and program requirements
and prohibitions to address domestic
and sexual violence barriers; and
``(IV) the process for determining
good cause for noncompliance with an
eligibility or program requirement or
prohibition and granting waivers of the
requirements.
``(iv) Use of qualified professionals.--At
State option, enter into contracts with or
employ qualified domestic violence and sexual
violence professionals for the provision of
services in each of the fields of domestic or
sexual violence.
``(B) Definitions.--In this part:
``(i) Domestic or sexual violence.--The
term `domestic or sexual violence' has the same
meaning as the term `battered or subject to
extreme cruelty' as defined in section
408(a)(7)(C)(iii).
``(ii) Qualified professional defined.--The
term qualified professional' includes a State
or local victim services organization with
recognized expertise in the dynamics of
domestic or sexual violence who has as 1 of its
primary purposes to provide services to victims
of domestic or sexual violence, such as a
sexual assault crisis center or domestic
violence program, or an individual trained by
such an organization.''.
SEC. 3. ASSESSMENT.
Section 408(b) of the Social Security Act (42 U.S.C. 608(b)) is
amended--
(1) in paragraph (1), by striking ``and employability'' and
inserting ``employability, and potential barriers, including
domestic or sexual violence, mental or physical health,
learning disability, substance abuse, English as a second
language, or insufficient housing, transportation or child
care,''; and
(2) in paragraph (2)(A)--
(A) by striking ``and'' at the end of clause (iv);
(B) by striking the period at the end of clause (v)
and inserting a semicolon; and
(C) by adding at the end the following:
``(vi) documents the individual's receipt
of adequate notice of program requirements,
confidentiality provisions, assessment and
program services, and waivers available to
individuals who have or may have been subjected
to domestic or sexual violence, as well as the
process to access such services or waivers; and
``(vii) may not require the individual to
participate in services to address domestic or
sexual violence.''.
SEC. 4. REVIEW AND CONCILIATION PROCESS.
Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is
amended by adding at the end the following:
``(12) Review and conciliation process.--
``(A) In general.--A State to which a grant is made
under section 403 shall not impose a sanction or
penalty against an individual under the State program
funded under this part on the basis of noncompliance by
an individual or family with a program requirement, if
domestic or sexual violence is a significant
contributing factor in the noncompliance.
``(B) Considerations.--Before so imposing a
sanction or penalty against an individual, the State
shall specifically consider whether the individual has
been or is being subjected to domestic or sexual
violence, and if such violence is identified, make a
reasonable effort to modify or waive program
requirements or prohibitions, and offer the individual
referral to voluntary services to address the
violence.''.
SEC. 5. STATE OPTION TO INCLUDE SURVIVORS IN WORK PARTICIPATION RATES.
Section 407(b)(2) of the Social Security Act (42 U.S.C. 607(b)(2))
is amended by adding at the end the following:
``(6) State option to include survivors in work
participation rates.--A State may consider an individual who,
in a month, is receiving services or a waiver described in
section 402(a)(7) as being engaged in work for the month for purposes
of subsection (b)(1)(B)(i).''.
SEC. 6. EXCLUSION OF SURVIVORS OF DOMESTIC OR SEXUAL VIOLENCE FROM 20
PERCENT LIMITATION ON HARDSHIP EXCEPTION.
Section 408(a)(7)(C) of the Social Security Act (42 U.S.C.
608(a)(7)(C)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) In general.--The State may exempt a
family from the application of subparagraph
(A)--
``(I) by reason of hardship; or
``(II) if the family includes an
individual who has been subjected to
domestic or sexual violence.'';
(2) in clause (ii), by striking ``clause (i)'' and
inserting ``clause (i)(I)''; and
(3) in clause (iii), by striking ``clause (i)'' and
inserting ``clause (i)(II)''.
SEC. 7. TECHNICAL ASSISTANCE.
Section 413 of the Social Security Act (42 U.S.C. 613) is amended
by adding at the end the following:
``(j) Technical Assistance.--
``(1) Grants to victims services organizations.--The
Secretary shall make a grant to one or more national victims
services organizations for the purpose of identifying and
providing technical assistance with respect to model standards
and procedures, practices and training designed to
comprehensively address domestic and sexual violence, including
for individuals with multiple barriers to employment or
compliance with program requirements, and move individuals
subjected to domestic or sexual violence into employment
without compromising the safety of any individual.
``(2) Grants to states.--The Secretary shall make grants to
States and localities to contract with a State or tribal
domestic violence coalition or sexual assault coalition or
joint domestic and sexual violence coalition to--
``(A) provide training to caseworkers and technical
assistance regarding screening, assessing, and
providing services to address domestic or sexual
violence, modifying or waiving eligibility or program
requirements or prohibitions, and assisting individuals
subjected to domestic or sexual violence to secure and
retain employment; and
``(B) develop and implement demonstration projects
to promote best practices in serving individuals who
have been subjected to domestic or sexual violence,
with priority given to programs that contract with
qualified professionals.
``(3) Limitations on authorization of appropriations.--
``(A) For grants under paragraph (1), there are
authorized to be appropriated to the Secretary not more
than $1,000,000 for fiscal year 2003.
``(B) For grants under paragraph (2), there are
authorized to be appropriated to the Secretary not more
than $10,000,000 for each of fiscal years 2003 through
2007.''.
SEC. 8. PENALTIES FOR NONCOMPLIANCE.
Section 409(a) of the Social Security Act (42 U.S.C. 609(a)) is
amended by adding at the end the following:
``(15) Penalty for failure to comply with requirements
relating to domestic or sexual violence.--If the Secretary
determines that a State to which a grant is made under section
403 in a fiscal year has failed to comply with subsection
(a)(12) or (b) (to the extent relating to domestic or sexual
violence) of section 408 during the fiscal year, the Secretary
shall reduce the grant payable to the State under section
403(a)(1) for the immediately succeeding fiscal year by an
amount equal to 5 percent of the State family assistance grant
for such succeeding fiscal year.''. | Safety and Self-Sufficiency Act of 2002 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to change from discretionary to mandatory certification by its chief executive officer that a State has established and is enforcing standards and procedures addressing domestic and sexual violence. Revises current requirements for such standards and procedures, adding new ones for caseworker training and optional use of qualified professionals.Requires the initial assessment for individual responsibility plans to cover potential barriers to employment, including domestic or sexual violence, mental or physical health, learning disability, substance abuse, English as a second language, or insufficient housing, transportation or child care.Requires a State, before imposing a noncompliance sanction or penalty against an individual, to: (1) consider specifically whether the individual has been subjected to domestic or sexual violence; and (2) if such violence is identified, make a reasonable effort to modify or waive program requirements or prohibitions, and offer the individual referral to voluntary services. Prohibits imposition of sanctions or penalties if domestic or sexual violence is a significant contributing factor to the individual's noncompliance.Allows a State to: (1) count survivors of domestic or sexual violence as being engaged in work for work participation rates; and (2) exclude such survivors from the 20 percent limitation on the hardship exception to normal termination of TANF after five years.Sets a penalty for State noncompliance with the requirements of this Act at five percent of the State family assistance grant. | {"src": "billsum_train", "title": "To ensure that all States address domestic and sexual violence in their temporary assistance to needy families program."} | 2,388 | 342 | 0.610346 | 2.008275 | 0.834449 | 3.982639 | 7.517361 | 0.892361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smokeless Tobacco Warning Label
Act''.
SEC. 2. SMOKELESS TOBACCO LABELS AND ADVERTISING WARNINGS.
Section 3 of the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (15 U.S.C. 4402) is amended to read as follows:
``SEC. 3. SMOKELESS TOBACCO WARNING.
``(a) Packaging.--
``(1) Warning statements.--It shall be unlawful for any
person to manufacture, package, or import for sale or
distribution within the United States any smokeless tobacco
product unless the product package bears, in accordance with
the requirements of this Act, one of the following labels:
`WARNING: This Product Can Cause Mouth Cancer'
`WARNING: This Product Can Cause Gum Disease And Tooth Loss'
`WARNING: This Product Is Not A Safe Alternative To Cigarettes'
`WARNING: Smokeless Tobacco Is Addictive'.
`WARNING: This Product Contains Cancer Causing Chemicals'.
``(2) Location and size.--Each label statement required by
paragraph (1) shall--
``(A) comprise 20 percent of the area of each
principal display panel of the package;
``(B) have the word `WARNING' appear in capital
letters; and
``(C) as determined appropriate by the Secretary of
Health and Human Services in conjunction with the
Federal Trade Commission, have all other words in the
statement appear in clear and conspicuous and legible
type, in black text on a white background, or white
text on a black background, and in a manner that
contrasts by typography, layout, or color, with all
other printed material on the package.
``(3) Responsibility.--The label statements required by
paragraph (1) shall be introduced by each tobacco product
manufacturer, packager, importer, distributor, or retailer of
smokeless tobacco products concurrently into the distribution
chain of such products.
``(4) Exemption.--This subsection does not apply to a
tobacco product manufacturer or distributor of any smokeless
tobacco product that does not manufacture, package, or import
smokeless tobacco products for sale or distribution within the
United States.
``(b) Advertising.--
``(1) Illegal act.--It shall be unlawful for any tobacco
product manufacturer, packager, importer, distributor, or
retailer of smokeless tobacco products to advertise or cause to
be advertised within the United States any smokeless tobacco
product unless its advertising bears, in accordance with the
requirements of this section, one of the label statements
specified in subsection (a).
``(2) Standards for statements.--Each label statement
required by subsection (a) in smokeless tobacco advertising
shall comply with the standards set forth in this paragraph.
For press and poster advertisements, each such statement
shall--
``(A) comprise at least 15 percent of the area of
the advertisement;
``(B) have the word `WARNING' appear in capital
letters; and
``(C) as determined appropriate by the Secretary of
Health and Human Services in conjunction with the
Federal Trade Commission, have all other words appear
in the statement in clear and conspicuous and legible
type, in black text on a white background, or white
text on a black background, and in a manner that
contrasts by typography, layout, or color, with all
other printed material on the advertisement.
``(c) Rotation and Display of Warning Statements.--
``(1) Packaging.--The label statements required under
subsection (a) shall be randomly displayed in each 12-month
period, in as equal a number of times as is possible on each
brand of the product and be randomly distributed in all areas
of the United States in which the product is marketed in
accordance with a plan submitted by the tobacco product
manufacturer, importer, distributor, or retailer and approved
by the Secretary of Health and Human Services.
``(2) Advertising.--The label statements required under
subsection (a) shall be rotated quarterly in alternating
sequence in advertisements for each brand of smokeless tobacco
product in accordance with a plan submitted by the tobacco
product manufacturer, importer, distributor, or retailer to,
and approved by, the Secretary.
``(3) Secretarial review.--The Secretary, in conjunction
with the Federal Trade Commission, shall review each plan
submitted under paragraphs (1) and (2) and approve it if the
plan--
``(i) in the case of a plan submitted under
paragraph (1), assures that all of the labels required
under this section will be displayed by the tobacco
product manufacturer, importer, distributor, or
retailer at the same time; and
``(ii) in the case of a plan submitted under
paragraph (2), will provide for the equal distribution
and display on packaging and the rotation required in
advertising under this subsection.''.
``(d) Electronic Media.--It is unlawful to advertise smokeless
tobacco on any medium of electronic communications subject to the
jurisdiction of the Federal Communications Commission.''.
SEC. 3. AUTHORITY TO REVISE SMOKELESS TOBACCO PRODUCT WARNING LABEL
STATEMENTS.
Section 3 of the Comprehensive Smokeless Tobacco Health Education
Act of 1986 (15 U.S.C. 4402), as amended by section 2, is further
amended by adding at the end the following:
``(e) Authority To Revise Label Statements.--The Secretary of
Health and Human Services may, by a rulemaking conducted under section
553 of title 5, United States Code, adjust the format, type size, and
text of any of the label statements required by subsection (a) if the
Secretary finds that such a change would promote greater public
understanding of the risks associated with the use of smokeless tobacco
products.''. | Smokeless Tobacco Warning Label Act - Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to revise smokeless tobacco product warning label requirements. Includes among alternative warning statements: (1) "Smokeless Tobacco Is Addictive"; and (2) "This Product Contains Cancer Causing Chemicals." States that the Secretary of Health and Human Services may by rule revise such required statements. | {"src": "billsum_train", "title": "To strengthen warning labels on smokeless tobacco products."} | 1,290 | 95 | 0.584261 | 1.420543 | 1.175253 | 3.56338 | 16.647887 | 0.887324 |
SECTION 1. AUTHORITY TO ESTABLISH AND OPERATE MANAGED HEALTH-CARE
PLANS.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1704 the following new section:
``Sec. 1705. Establishment of managed health-care plans
``(a) In carrying out responsibilities under this title with
respect to the delivery of health care, the Secretary may establish and
operate managed health-care plans. Any such plan shall be operated by
or through a Department health-care facility or group of facilities and
may include the provision of health services through other public or
private entities under arrangements made between that Department
facility or group of facilities and the other public or private entity
concerned. Any such managed health care plan under this section shall
be established and operated in conformance with standards prescribed by
the Secretary after consultation with the Secretary of Health and Human
Services.
``(b) The Secretary, as part of the standards prescribed under
subsection (a), shall prescribe the minimum health care benefits to be
provided under the plan to veterans enrolled in the plan. Those
benefits shall include at least those health benefits covered under
parts A and B of the Medicare program under title XVIII of the Social
Security Act.
``(c) The Secretary may establish an enrollment system to enroll
veterans (other than veterans described in section 1710(a)(1) of this
title) in any plan established under subsection (a).
``(d) The Secretary, notwithstanding sections 1710(f) and 1712(f)
of this title, may establish such cost-sharing requirements for
veterans enrolled in a plan under this section as the Secretary
considers appropriate to cover costs of providing benefits under the
plan that are not paid by the Medicare program under title XVIII of the
Social Security Act. Such cost-sharing requirements may include an
enrollment premium, copayment charges, and deductibles.
``(e) Payments received under subsection (d) and under section
1729A of this title with respect to care or services provided to a
veteran enrolled in a health-care plan under this section shall be
credited to the applicable Department medical appropriation and shall
be used to pay for the costs of furnishing care and services under
subsection (a).
``(f) The Secretary may not in any fiscal year operate a plan under
subsection (a) at a Department facility unless the director of that
facility has certified to the Under Secretary for Health that
sufficient medical care funds have been allotted to that facility for
that fiscal year to enable the director to provide needed hospital care
and medical services authorized under this chapter to veterans
described in section 1710(a)(1) of this title in the number that, in
the judgment of the director, are likely to require that care and
services from that facility during that fiscal year.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1704 the following new item:
``1705. Establishment of managed health-care plans.''.
SEC. 2. REQUIREMENT FOR PAYMENT FOR CERTAIN SERVICES PROVIDED BY
DEPARTMENT FACILITIES.
(a) In General.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1729 the following new section:
``Sec. 1729A. Medicare payment for certain veterans
``(a) Notwithstanding any other provision of law, the Secretary of
Health and Human Services shall make payments during a year to a
Department managed health care plan on behalf of veterans (other than
veterans described in section 1710(a)(1) of this title) who are
Medicare-eligible individuals and are enrolled in such plan during the
year under similar terms as the Secretary makes payments under title
XVIII of the Social Security Act to other eligible managed care health
plans.
``(b)(1) For purposes of subsection (a), a managed health care plan
organized and operated under section 1705 of this title--
``(A) which provides care to Medicare-eligible veterans
(other than veterans described in section 1710(a)(1) of this
title); and
``(B) for which there is a certification in effect under
paragraph (2),
shall be deemed to be a certified Medicare Choice organization under
section 1857 of the Social Security Act.
``(2) The Secretary shall certify to the Secretary of Health and
Human Services each year a list of all Department managed health care
plans established under section 1705 of this title which the Secretary
finds conform to the standards prescribed under such section.
``(c) For purposes of this section--
``(1) the term `Medicare program' means the health
insurance program under title XVIII of the Social Security Act;
``(2) the term `Medicare-eligible veteran' means a veteran
who is entitled to benefits under the Medicare program; and
``(3) the term `Medicare Choice organization' means a
managed health care organization under part C of title XVIII of
the Social Security Act.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1729 the following new item:
``1729A. Medicare payment for certain veterans.''.
(c) Effective Date.--Section 1729A of title 38, United States Code,
as added by subsection (b), shall apply with respect to care provided
after the date of the enactment of this Act. | Authorizes the Secretary of Veterans Affairs, in carrying out responsibilities with respect to the delivery of health care for veterans and their beneficiaries, to establish and operate managed health care plans through a Department of Veterans Affairs health care facility or group of such facilities or through arrangements with public or private entities. Directs the Secretary to prescribe the minimum health care benefits to be provided to veterans enrolled in the plan, which shall include at least those benefits covered under parts A and B of the Medicare Program (title XVIII of the Social Security Act). Authorizes the Secretary to establish cost-sharing requirements for veterans enrolled in such a plan, including premiums, copayments, and deductibles. Requires the director of a Department health care facility to certify, before the operation of a plan at such facility, that sufficient medical care funds have been allotted to such facility to provide the needed services.
Directs the Secretary of Health and Human Services (HHS Secretary) to make payments during a year to a Department managed health care plan on behalf of veterans who are Medicare-eligible individuals and are enrolled in the managed health care plan, under similar terms as the HHS Secretary makes payments under Medicare to other eligible managed health care plans. Directs the Secretary to certify to the HHS Secretary each year a list of all Department managed health care plans which conform to the standards required for such payments. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to enable the Secretary of Veterans Affairs to improve service-delivery of health care to veterans, and for other purposes."} | 1,215 | 299 | 0.691751 | 1.987052 | 0.844329 | 3.921053 | 4.240602 | 0.913534 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ready to Learn Act''.
SEC. 2. EARLY CHILDHOOD DEVELOPMENT.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by adding at the end the following:
``TITLE X--SUPPORTING VOLUNTARY PREKINDERGARTEN
``SEC. 10001. SUPPORTING VOLUNTARY PREKINDERGARTEN GRANTS.
``(a) Program Authorized.--From amounts available under section
10003, the Secretary is authorized to award grants, on a competitive
basis, to eligible States to pay the Federal share of establishing and
administering full day voluntary prekindergarten programs for children
age 4 in the State, in order to promote school readiness for such
children.
``(b) Application.--
``(1) In general.--If a State desires a grant under this
title, the Governor of such State shall submit to the Secretary
an application at such time, in such manner, and containing a
plan that outlines how and when such State expects to provide
voluntary prekindergarten for every 4-year old in the State.
``(2) Subgrants to eligible entities.--
``(A) In general.--Except as provided in subsection
(c)(2), a State that receives a grant under this title
shall use the grant funds to award subgrants to
eligible entities to carry out the requirements of this
title.
``(B) Subgrants for community-based providers.--In
awarding subgrants under subparagraph (A), a State
shall use not less than 25 percent of the grant funds
provided to the State to award subgrants to eligible
entities that are community-based providers of
prekindergarten programs.
``(C) Eligible entities.--In this paragraph, the
term `eligible entity' includes schools, child care
entities, Head Start programs, or other community-based
providers of prekindergarten programs.
``(c) Use of Funds.--A State that receives a grant under this title
shall use--
``(1) not less than 85 percent of the funds provided under
such grant to carry out the activities described in paragraphs
(1) and (2) of subsection (d); and
``(2) not more than 15 percent of such funds at the State
level for quality investment described in subsection (d)(3).
``(d) Use of Funds.--
``(1) In general.--A State that receives a grant under this
title shall use grant funds to provide a high-quality
prekindergarten program that--
``(A) serves children age 4 in the State, serving
first children from low-income families with incomes
that are not more than 200 percent of the poverty line
and those who are limited English proficient;
``(B) not later than 2 years after the receipt of
the grant, ensures that each classroom is taught by a
teacher who has--
``(i) a baccalaureate degree or advanced
degree in early childhood education; or
``(ii) a baccalaureate degree and
specialized training in early childhood
development;
``(C) utilizes a developmentally, culturally, and
linguistically appropriate curriculum that is aligned
with the State early learning standards and valid and
reliable, multiple assessments for the purpose of
improving instruction; and
``(D) has a teacher-child ratio of not more than 1
to 10 and a group size of not more than 20.
``(2) Allowable uses of funds.--After a State has fulfilled
the requirements described in paragraph (1), such State may use
grant funds--
``(A) to serve younger children;
``(B) to increase salaries;
``(C) for additional comprehensive services as may
be needed; and
``(D) for the construction of new facilities, or
the renovation, repair, or alteration of existing
facilities, necessary to commence or continue such
prekindergarten.
``(3) Quality investment.--A State that receives a grant
under this title shall use grant funds--
``(A) to carry out other activities needed to
ensure the health and safety of children served under
this title;
``(B) for professional development for teachers and
staff of the prekindergarten program described in
paragraph (1); and
``(C) to provide comprehensive services.
``SEC. 10002. ADMINISTRATION.
``(a) Federal Share; Non-Federal Share.--
``(1) Federal share.--The Federal share of a grant under
this title shall be 50 percent of the costs of carrying out the
activities described in section 10001(d).
``(2) Non-federal share.--The non-Federal share of a grant
under this title shall be provided in cash.
``(b) Maintenance of Effort.--The Secretary may not award a grant
under this title to any State unless the Secretary first determines
that the per-child expenditure by the State and its political
subdivisions for prekindergarten programs (other than funds used to pay
the non-Federal share under this section) for the fiscal year for which
the determination is made is equal to or greater than such expenditure
for the preceding fiscal year.
``(c) Supplement Not Supplant.--Grant funds received under this
title shall be used to supplement and not supplant other Federal,
State, and local public funds expended to promote voluntary
prekindergarten programs in the State.
``(d) Provision of Grant Funds.--In awarding a grant under this
title to a State, the Secretary shall provide the grant funds to the
Governor of the State, to enable the Governor to designate a lead
agency to best direct the funds in a manner that improves the State's
programs by carrying out the requirements of this title.
``(e) Coordination.--In carrying out this title, the Secretary
shall coordinate, not less often than quarterly, with the Secretary of
Health and Human Services regarding the review of State plans as
described in section 10001(b) and the implementation of the
prekindergarten programs under this title.
``(f) Reporting Requirements.--
``(1) State reports.--Each State that receives a grant
under this title shall submit to the Secretary an annual report
detailing the effectiveness of each prekindergarten program in
that State funded under this title.
``(2) Report to congress.--The Secretary shall submit to
the Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and Labor of the House of
Representatives an annual report that describes each State
program of assistance for prekindergarten programs funded under
this title.
``(3) Contents of reports.--A report submitted under
paragraph (1) or (2) shall include--
``(A) a description of each action taken to move
toward providing a high-quality prekindergarten
education to all 4-year olds;
``(B) a summary of each measure that will be taken
to achieve the goal of providing full day high-quality
prekindergarten to all 4-year olds, including a
timetable according to which such measures will be
implemented;
``(C) a description of all efforts to improve the
integration of full day high-quality prekindergarten
programs with the kindergarten through grade 12
education system; and
``(D) a description of all efforts to educate
parents about best practices for the role of parents in
the early education of a child.
``SEC. 10003. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
such sums as may be necessary for each of the fiscal years 2010 through
2015.''. | Ready to Learn Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to award competitive matching grants to states and, through them, subgrants to schools, child care entities, Head Start programs, or other community-based prekindergarten providers for full day voluntary prekindergarten programs that prepare four-year olds for school.
Requires that such programs: (1) first serve children whose family income is no higher than 200% of the poverty level or who are limited English proficient; (2) ensure that, within two years of grant receipt, each classroom is taught by a teacher who has at least a baccalaureate degree in early childhood education or such a degree and specialized training in early childhood development; (3) use curricula that are aligned with state early learning standards; and (4) have teacher-child ratios of no more than 1 to 10 and group sizes of no more than 20. | {"src": "billsum_train", "title": "A bill to set the United States on track to ensure children are ready to learn when they begin kindergarten."} | 1,721 | 203 | 0.623204 | 1.724166 | 0.807263 | 3.138889 | 8.688889 | 0.883333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Student Loan Disclosure
Enhancement Act of 2007''.
SEC. 2. APPLICATION OF TRUTH IN LENDING ACT .
Section 104(3) of the Truth in Lending Act (15 U.S.C. 1603(3)) is
amended by inserting before the period at the end the following ``, and
other than private education loans, as that term is defined in section
128(e), regardless of the amount financed''.
SEC. 3. ENHANCED DISCLOSURES FOR PRIVATE STUDENT LOANS.
(a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C.
1638) is amended by adding at the end the following:
``(e) Terms and Disclosure With Respect to Private Student Loans.--
``(1) Disclosures required in private student loan
applications and solicitations.--In any application for a
private student loan, or a solicitation for a private student
loan without requiring an application, the lender shall
disclose to the borrower, clearly and conspicuously--
``(A) the potential range of annual percentage
rates of interest applicable to the private student
loan;
``(B) whether the rate of interest applicable to
the private student loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) requirements for a parent or co-borrower,
including any changes in the applicable interest rates
without a parent or co-borrower;
``(E) all potential finance charges, late fees,
penalties, and adjustments to principal, based on
transgressions of the borrower;
``(F) fees or range of fees (along with basis for
variations in fees) applicable to the private student
loan;
``(G) the term of loan;
``(H) whether interest will accrue while the
student to whom the private student loan relates is
enrolled at an institution of higher education;
``(I) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(J) if only principal may be deferred, whether
the student may postpone the payment of interest by
capitalization of the interest;
``(K) whether deferrals may be extended for
additional periods of enrollment at an institution of
higher education;
``(L) the duration of any payment grace period;
``(M) eligibility criteria for the private student
loan;
``(N) 3 examples of the total cost of the private
student loan over the life of the loan--
``(i) 2 of which shall be calculated using
the same principal amount, one of those using
the maximum possible rate of interest (or 36
percent, if no maximum amount is specified in
the terms of the loan); and
``(ii) calculated both with and without
capitalization of interest if that is an option
for postponing interest payments;
``(O) in any case in which the applicable rate of
interest is variable, a disclosure that interest rates
are variable and that any projected cost at less than
the maximum rate of interest is likely to go up
significantly;
``(P) a statement that an institution of higher
education may have school-specific student loan
benefits and terms not detailed on the disclosure form;
and
``(Q) such other information as the Board shall
prescribe, by rule, as necessary for consumers to make
informed borrowing decisions.
``(2) Disclosures at the time of private student loan
approval.--Contemporaneously with the approval of a private
student loan application, and before the loan transaction is
consummated, the lender shall disclose to the borrower, clearly
and conspicuously--
``(A) the applicable rate of interest;
``(B) whether the rate of interest applicable to
the private student loan is fixed or variable;
``(C) limitations on interest rate adjustments,
both in terms of frequency and amount, or the lack
thereof;
``(D) the principal amount for repayment;
``(E) the applicable annual percentage rate (or
`APR') with respect to the private student loan;
``(F) applicable finance charges, late fees,
penalties, and adjustments to principal, based upon
borrower transgressions;
``(G) fees upon disbursement of the private student
loan;
``(H) the term of the private student loan;
``(I) the monthly payment, calculated using the
rate of interest in effect on the date of approval,
initially required after the student to whom the
private student loan relates is no longer enrolled at
an institution of higher education, and the maximum
monthly payment to which such amount could increase if
rates are variable, which amounts shall be calculated--
``(i) using the principal amount that will
be in effect at that post-enrollment time
(incorporating accrual of interest during the
educational years, if applicable), rather than
at the time of consummation of the loan; and
``(ii) in the case of a variable rate
private student loan that has no cap on the
rate of interest, assuming a maximum interest
rate of 36 percent;
``(J) an estimate of the total amount for
repayment, at both the interest rate in effect on the
date of approval, and at the maximum possible rate of
interest if the rate is variable (assuming a maximum
rate of 36 percent if no maximum rate is specified by
the terms of the loan);
``(K) any principal and interest payments required
while the student to whom the private student loan
relates is enrolled at an institution of higher
education and interest which will accrue during such
enrollment;
``(L) payment deferral options, including whether
the deferment would apply to interest or principal, or
both;
``(M) if only principal may be deferred, whether
the student may postpone the payment of interest by
capitalization of the interest;
``(N) whether deferrals may be extended for
additional periods of enrollment at an institution of
higher education;
``(O) the duration of any payment grace period;
``(P) any penalty for early repayment of the
private student loan;
``(Q) whether monthly payments are graduated;
``(R) that the borrower shall have 30 calendar days
following the date on which the application for the
private education loan is approved and the borrower
receives the disclosure documents required under this
subsection for the loan, to accept the terms of the
private education loan and consummate the transaction,
and the rates and terms of the loan may not be changed
by the lender during that period; and
``(S) such other information as the Board shall
prescribe, by rule, as necessary for consumers to make
informed borrowing decisions.
``(3) Format of disclosures.--Disclosures required under
paragraphs (1) and (2) shall appear in a clearly legible (not
less than 12-point font), uniform format, subject to section
122(c).
``(4) Effective period of approved rate of interest and
loan terms.--With respect to a private student loan, the
borrower shall have 30 calendar days following the date on
which the application for the private education loan is
approved and the borrower receives the disclosure documents
required under this subsection for the loan to accept the terms
of the loan and consummate the transaction, and the rates and
terms of the loan may not be changed by the lender during that
period, subject to the rules of the Board.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `institution of higher education'
has the same meaning as in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
``(B) the term `lender' means a creditor, other
than an issuer of credit under a residential mortgage
transaction, and any agent thereof; and
``(C) the term `private education loan' means a
private loan provided by a lender that--
``(i) is not made, insured, or guaranteed
under any Federal, State, or local government
unit, including under subtitle B of title IV of
the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.); and
``(ii) is issued by a lender for
postsecondary educational expenses to a
student, or the parent of the student,
regardless of whether the loan is provided
through the educational institution that the
student attends or directly to the student or
parent from the lender.''.
(b) Regulations To Carry Out Private Education Loan Disclosures.--
(1) In general.--The Board of Governors of the Federal
Reserve System (in this section referred to as the ``Board'')
shall issue regulations in final form to carry out section
128(e) of the Truth in Lending Act, as added by this section,
not later than 6 months after the date of enactment of this
Act.
(2) Development and testing of disclosure statement.--The
Board shall, in issuing regulations under paragraph (1),
develop and test for readability a disclosure statement for
student borrowers that is consistent with the requirements of
section 122(c) of the Truth in Lending Act (15 U.S.C. 1638(c)).
(c) Conforming Amendment.--Section 122(c) of the Truth in Lending
Act (15 U.S.C. 1632(c)) is amended by inserting ``and in section
128(e)'' before ``shall be''.
SEC. 4. ENFORCEMENT OF REQUIREMENTS FOR PRIVATE EDUCATION LOANS.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640) is
amended--
(1) in subsection (a), in the fourth sentence of the
undesignated matter at the end, by inserting ``or section
128(e),'' before ``or for failing''; and
(2) in subsection (e), in the first sentence, by inserting
before the period the following: ``, except that, in the case
of a private education loan (as defined in section 127(e)),
such an action may be brought not later than one year after the
date on which the first monthly payment on the loan is due
after the student to whom the private student loan relates is
no longer enrolled at an institution of higher education,
unless full repayment begins earlier with no deferral of
interest or principal''.
SEC. 5. DISCLOSURES OF FEDERAL LOAN AVAILABILITY.
(a) Disclosure Required.--The Board shall issue regulations in
final form not later than 6 months after the date of enactment of this
Act to require each lender to disclose in accordance with subsection
(b), contemporaneously with the disclosures required under paragraphs
(1) and (2) of section 128(e) of the Truth in Lending Act (as added by
this Act), that the student borrower may be eligible for a Federal
education loan.
(b) Development and Testing of Disclosure Statement.--The Board
shall, in issuing regulations under subsection (a), develop and test
for readability a disclosure statement for student borrowers that--
(1) encourages students to maximize their use of Federal
education loans;
(2) discloses that Federal educational loans are less
costly than private education loans; and
(3) discloses the average rate of interest for Federal
educational loans.
(c) Format.--The disclosures developed under this section shall be
made in clear language and in a conspicuous location separate from the
disclosures made under section 128(e) of the Truth in Lending Act, as
added by this Act, using at least size 12 point font.
(d) Definitions.--As used in this section--
(1) the term ``Board'' means the Board of Governors of the
Federal Reserve System ;
(2) the term ``Federal education loan'' means a loan that
is --
(A) made, insured, or guaranteed under title IV of
the Higher Education Act of 1965 (20 U.S.C. 1070 et
seq.); and
(B) is issued for postsecondary educational
expenses to a student, or the parent of the student,
regardless of whether the loan is provided through the
educational institution that the student attends or
directly to the student or parent from the lender;
(3) the term ``institution of higher education'' has the
same meaning as in section 102 of the Higher Education Act of
1965 (20 U.S.C. 1002);
(4) the term ``lender'' means a creditor, other than an
issuer of credit under a residential mortgage transaction, and
any agent thereof, as those terms are defined in section 103 of
the Truth in Lending Act; and
(5) the term ``private education loan'' means a private
loan provided by a lender that--
(A) is not made, insured, or guaranteed under any
Federal, State, or local government unit, including
under subtitle B of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.); and
(B) is issued by a lender for postsecondary
educational expenses to a student, or the parent of the
student, regardless of whether the loan is provided
through the educational institution that the student
attends or directly to the student or parent from the
lender. | Private Student Loan Disclosure Enhancement Act of 2007 - Amends the Truth in Lending Act to subject private education loans to its consumer credit disclosure requirements.
Sets forth the private student loan terms and conditions which lenders must clearly and conspicuously disclose to borrowers in any application or solicitation for such a loan and contemporaneously with the approval of a private student loan application. Gives private student loan borrowers 30 days after the loan is approved and the required loan disclosure information is received to accept and consummate the loan transaction.
Subjects lenders to civil liability for violating such requirements. Requires civil actions to be brought within one year after the first monthly payment on the loan becomes due after the borrower leaves school, unless full repayment begins earlier.
Requires private student loan providers, when making the required loan disclosures, to inform borrowers of their possible eligibility for federal educational loans. Requires the Board of Governors of the Federal Reserve System to develop and test a student borrower disclosure statement that encourages students to use federal educational loans and discloses their average interest rate and the fact that they are less costly than private education loans. | {"src": "billsum_train", "title": "A bill to amend the Truth in Lending Act, to improve disclosures for private student loans, and for other purposes."} | 2,943 | 245 | 0.564009 | 1.60865 | 0.899986 | 2.339713 | 13.339713 | 0.856459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Security Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to provide for the establishment of
demonstration projects designed to determine the effectiveness of--
(1) certain activities by community residents in
coordination with the local police department in preventing and
removing violent crime and drug trafficking from the community;
(2) such activities in increasing economic development in
the community; and
(3) such activities in preventing or ending retaliation by
perpetrators of crime against community residents engaged in
these activities.
SEC. 3. DEMONSTRATION GRANT AUTHORITY.
(a) Demonstration Authority.--Not later than 16 months after the
date of enactment of this Act, the Secretary shall award grants under
this Act. Grants shall be awarded annually under this section and shall
be for a period of 4 years.
(b) Limitation on Grant Amounts.--The amount of each grant awarded
under this Act shall not be less than $25,000 nor more than $100,000.
(c) Reduction in Amount.--Amounts provided under a grant awarded
under this Act for a fiscal year shall be reduced in proportion to any
reduction in the amounts appropriated under this Act for such fiscal
year as compared to the amounts appropriated for the prior fiscal year.
(d) Unused Portion of Grant Funds.--Any unused portion of a grant
awarded under this section shall, upon the termination of such grant,
be transferred to the Secretary for redistribution in the subsequent
fiscal year or for repayment to the Department of the Treasury.
SEC. 4. APPLICATION.
(a) Submission.--To be eligible to receive a grant under section 3,
a qualified entity shall, not later than 12 months after the date of
enactment of this Act, submit to the Secretary an application to
conduct a demonstration project under this Act.
(b) Content.--An application submitted under subsection (a) shall
be in such form and contain such information as the Secretary shall
require, including--
(1) an agreement with the local police department to
coordinate and assist in the prevention and removal of violent
crime and drug trafficking from the target community;
(2) a plan detailing the nature and extent of coordination
and assistance to be provided by the local police department,
project participants, and the applicant; and
(3) a description of the strategy of the community for the
physical and economic development of the community.
(c) Criteria.--In considering whether to approve an application
submitted under this section, the Secretary shall consider--
(1) the degree to which the project described in the
application will support existing community economic
development activities by preventing and removing violent crime
and drug trafficking from the community;
(2) the demonstrated record of project participants with
respect to economic and community development activities;
(3) the ability of the applicant to responsibly administer
the project;
(4) the ability of the applicant to assist and coordinate
with project participants to achieve economic development and
prevent and remove violent crime and drug trafficking in the
community;
(5) the adequacy of the plan to assist and coordinate with
the local police department in preventing and removing violent
crime and drug trafficking in the community;
(6) the consistency of the application with the eligible
activities and the uses for the grant under this Act;
(7) the aggregate amount of funds from non-Federal (public
and private sector) sources that are formally committed to the
project;
(8) the adequacy of the plan for providing information
relevant to an evaluation of the project to the independent
research organization; and
(9) such other factors as may be determined appropriate by
the Secretary.
(d) Preferences.--In considering an application submitted under
this section, the Secretary shall give preference to an applicant that
demonstrates a commitment to work with project participants and a local
police department in a community with--
(1) an enterprise zone or enterprise community designation
or an area established pursuant to any consolidated planning
process for use of Federal housing and community development
funds;
(2) significant rates of violent crime and drug
trafficking, as determined by the Secretary; and
(3) at least one non-profit community development
corporation or similar organization that is willing to and
capable of increasing economic development.
(e) Approval.--Not later than 15 months after the date of enactment
of this Act, the Secretary shall, on competitive basis, approve or
disapprove of the applications submitted under this section.
SEC. 5. ELIGIBLE ACTIVITIES.
(a) Activities.--Amounts provided under a grant awarded under this
Act shall be used for the following activities:
(1) Citizen patrols by car or by foot intended to prevent
violent crime and eradicate open market or street sales of
controlled substances.
(2) Block watch activities, including identification of
property for purposes of retrieving stolen goods, camera
surveillance to identify drug traffickers and their customers,
protection of evidence to ensure evidence is not lost or
destroyed prior to police arrival, and computer linkages among
organizations and the police to identify hot spots and speed
the dissemination of information.
(3) Property modification programs, including securing
buildings and residences to prevent burglary, and structural
changes, such as the construction of fences, to parks or
buildings to prevent drug sales or other criminal activity in
those areas.
(4) Squatter eviction programs aimed at notifying public
authorities of trespassers in abandoned buildings used as crack
houses or heroin shooting galleries and increasing efforts to
remove such squatters.
(5) Expansion of community liaisons with the police,
including expanding the community's role in community policing
activities.
(6) Developing and expanding programs to prevent or end
retaliation by perpetrators of crime against project
participants.
(7) Other activities consistent with the purposes of this
Act.
(b) Additional Activities.--Amounts provided under a grant awarded
under this Act may be used for additional activities in support of the
activities described in subsection (a), including--
(1) the purchase of equipment or supplies, including
cameras, video cameras, walkie-talkies, and computers;
(2) the training of project participants; and
(3) the hiring of staff for grantees or project participant
organizations to assist in coordinating activities among
project participants and with the local police department.
SEC. 6. LOCAL CONTROL OVER PROJECTS.
Except as provided in regulations promulgated under the succeeding
sentence, each organization authorized to conduct a demonstration
project under this Act shall have exclusive authority over the
administration of the project. The Secretary may prescribe such
regulations with respect to such demonstration projects as are
expressly authorized or as are necessary to ensure compliance with
approved applications and this Act.
SEC. 7. MONITORING OF GRANTEES.
(a) In General.--The Secretary shall monitor grantees to ensure
that the projects conducted under the grants are being carried out in
accordance with this Act. Each grantee, and each entity which has
received funds from a grant made under this Act, shall make appropriate
books, documents, papers, and records available to the Secretary for
examination, copying, or mechanical reproduction on or off the premises
of the entity upon a reasonable request therefore.
(b) Withholding, Termination or Recapture.--The Secretary shall,
after adequate notice and an opportunity for a hearing, withhold,
terminate, or recapture any funds due, or provided to and unused by, an
entity under a grant awarded under this Act if the Secretary determines
that such entity has not used any such amounts in accordance with the
requirements of this Act. The Secretary shall withhold, terminate, or
recapture such funds until the Secretary determines that the reason for
the withholding, termination, or recapture has been removed and there
is reasonable assurance that it will not recur.
(c) Complaints.--The Secretary shall respond in an expeditious
manner to complaints of a substantial or serious nature that an entity
has failed to use funds provided under this Act in accordance with the
requirements of this Act.
SEC. 8. REPORTS AND AUDITS.
(a) Reports.--Not later than 3 months after the termination of a
grant under this Act, the grantee shall prepare and submit to the
Secretary a report containing such information as may be required by
the Secretary.
(b) Audits.--The Secretary shall annually audit the expenditures of
each grantee under this Act from payments received under grants awarded
under this Act. Such audits shall be conducted by an entity independent
of any agency administering a program funded under this Act and, in so
far as practical, in accordance with the Comptroller General's
standards for auditing governmental organizations, programs,
activities, and functions.
SEC. 9. EVALUATIONS.
(a) In General.--Not later than 16 months after the date of
enactment of this Act, the Secretary shall enter into a contract with
an independent research organization under which such organization, in
accordance with this section, conducts an evaluation of the
demonstration projects, individually and as a group, conducted under
this Act.
(b) Research Questions.--In evaluating a demonstration project
conducted under this Act, the organization described in subsection (a)
shall address the following:
(1) What activities and uses most effectively involve
project participants in the activities and uses under this Act
(with effectiveness measured, for example, by duration of
participation, frequency of participation, and intensity of
participation).
(2) What activities and uses are most effective in
preventing or removing violent crime and drug trafficking from
a target community.
(3) What activities and uses are most effective in
supporting or promoting economic development in a target
community.
(4) What activities and uses are most effective in
increasing coordination and assistance between project
participants and with the local police department.
(5) What activities and uses are most effective in
preventing or ending retaliation by perpetrators of crime
against project participants.
(c) Funding.--Of the funds appropriated under this Act, the
Secretary shall set aside not less than 1 percent and not more than 3
percent for the evaluations required under this section.
(d) Report to Congress.--Not later than 6 months after the date on
which the last grant under this Act terminates, the Secretary shall
prepare and submit to the appropriate committees of the Congress a
summary of each evaluation conducted under this section.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$10,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.
SEC. 11. DEFINITIONS.
As used in this Act:
(1) Community.--The term ``community'' means a contiguous
geographic area within a large urban district or encompassing a
small urban or other nonurban area.
(2) Drug trafficking.--The term ``drug trafficking'' means
any offense that could be prosecuted under the Controlled
Substances Act (21 U.S.C. 801, et seq.).
(3) Economic development.--The term ``economic
development'' means revitalization and development activities,
including business, commercial, housing, and employment
activities, that benefit a community and its residents.
(4) Grantee.--The term ``grantee'' means a qualified entity
that receives a grant under this Act.
(5) Project participant.--The term ``project participant''
means any individual or private-sector group in a community
participating in any of the activities established under a
demonstration grant under this Act.
(6) Qualified entity.--The term ``qualified entity'' means
a non-profit organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
the Internal Revenue Code of 1986.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(8) Violent crime.--The term ``violent crime'' has the same
meaning as the term ``crime of violence'' in title 18 of the
United States Code. | Neighborhood Security Act - Directs the Secretary of Health and Human Services to award grants to qualified entities for the establishment of demonstration projects designed to determine the effectiveness of certain activities by community residents in coordination with local police in preventing and removing violent crime and drug trafficking from the community, increasing economic development in the community, and preventing or ending retaliation by perpetrators of crime against community residents.
Sets forth provisions regarding: (1) the period of grant awards; (2) limits on grant amounts; (3) reductions in awards; and (4) unused portion of grant funds.
Establishes application requirements, including: (1) an agreement with the local police department to coordinate and assist in the prevention and removal of violent crime and drug trafficking in the target community; (2) a plan detailing the nature and extent of coordination and assistance to be provided by such department, project participants, and the applicant; and (3) a description of the strategy of the community for the physical and economic development of the community.
Sets forth provisions regarding: (1) criteria in considering applications; (2) preferences to specified applicants; and (3) approval procedures.
Includes among eligible activities under grants awarded under this Act certain: (1) citizen patrols; (2) block watch activities; (3) property modification programs; (4) squatter eviction programs; (5) expansion of community liaisons with the police; and (6) development and expansion of programs to prevent or end retaliation by perpetrators of crime against project participants.
Grants each organization authorized to conduct a demonstration project exclusive authority over the administration of the project, except that the Secretary may prescribe necessary regulations to ensure compliance with approved applications and this Act.
Requires the Secretary to monitor grantees to ensure that the projects conducted under the grants are being carried out in accordance with this Act. Sets forth provisions regarding withholding, termination, or recapture of funds, as well as complaints, reports, and auditing requirements.
Directs the Secretary to enter into a contract with an independent research organization to evaluate demonstration projects, individually and as a group. Sets forth provisions regarding research questions, funding, and reporting requirements.
Authorizes appropriations. | {"src": "billsum_train", "title": "Neighborhood Security Act"} | 2,626 | 451 | 0.666041 | 1.972559 | 0.875912 | 4.80778 | 5.590389 | 0.899314 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Great Black Americans
Commemoration Act of 2003''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Black Americans have served honorably in the Congress,
in senior executive branch positions, in the law, the judiciary
and other fields, yet their record of service is not well known
by the public, is not included in school history lessons, and
is not adequately presented in the Nation's museums.
(2) The Great Blacks in Wax Museum, Inc. in Baltimore,
Maryland, a nonprofit organization, is the Nation's first wax
museum presenting the history of great Black Americans,
including those who have served in Congress, in senior
executive branch positions, in the law, the judiciary and other
fields, as well as others who have made significant
contributions to benefit the Nation.
(3) The Great Blacks in Wax Museum, Inc. plans to expand
its existing facilities to establish the National Great Blacks
in Wax Museum and Justice Learning Center, which is intended to
serve as a national museum and center for presentation of wax
figures and related interactive educational exhibits portraying
the history of great Black Americans.
(4) The wax medium has long been recognized as a unique and
artistic means to record human history through preservation of
the faces and personages of people of prominence, and
historically, wax exhibits were used to commemorate noted
figures in ancient Egypt, Babylon, Greece, and Rome, in
medieval Europe, and in the art of the Italian renaissance.
(5) The Great Blacks in Wax Museum, Inc. was founded in
1983 by Drs. Elmer and Joanne Martin, two Baltimore educators
who used their personal savings to purchase wax figures, which
they displayed in schools, churches, shopping malls, and
festivals in the mid-Atlantic region.
(6) The goal of the Martins was to test public reaction to
the idea of a Black history wax museum and so positive was the
response over time that the museum has been heralded by the
public and the media as a national treasure.
(7) The museum has been the subject of feature stories by
CNN, the Wall Street Journal, the Baltimore Sun, the Washington
Post, the New York Times, the Chicago Sun Times, the Dallas
Morning News, the Los Angeles Times, USA Today, the Afro
American Newspaper, Crisis, Essence Magazine, and others.
(8) More than 300,000 people from across the Nation visit
the museum annually.
(9) The new museum will carry on the time-honored artistic
tradition of the wax medium; in particular, it will recognize
the significant value of this medium to commemorate and
appreciate great Black Americans whose faces and personages are
not widely recognized.
(10) The museum will employ the most skilled artisans in
the wax medium, use state-of-the-art interactive exhibition
technologies, and consult with museum professionals throughout
the Nation, and its exhibits will feature the following:
(A) Blacks who have served in the Senate and House
of Representatives of the United States, including
those who represented constituencies in Alabama,
Florida, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, and Virginia during the 19th
century.
(B) Blacks who have served in the judiciary, in the
Department of Justice, as prominent attorneys, in law
enforcement, and in the struggle for equal rights under
the law.
(C) Black veterans of various military engagements,
including the Buffalo Soldiers and Tuskegee Airmen, and
the role of Blacks in the settlement of the western
United States.
(D) Blacks who have served in senior executive
branch positions, including members of Presidents'
Cabinets, Assistant Secretaries and Deputy Secretaries
of Federal agencies, and Presidential advisors.
(E) Other Blacks whose accomplishments and
contributions to human history during the last
millennium and to the Nation through more than 400
years are exemplary, including Black educators,
authors, scientists, inventors, athletes, clergy, and
civil rights leaders.
(11) The museum plans to develop collaborative programs
with other museums, serve as a clearinghouse for training,
technical assistance, and other resources involving use of the
wax medium, and sponsor traveling exhibits to provide enriching
museum experiences for communities throughout the Nation.
(12) The museum has been recognized by the State of
Maryland and the city of Baltimore as a preeminent facility for
presenting and interpreting Black history, using the wax medium
in its highest artistic form.
(13) The museum is located in the heart of an area
designated as an empowerment zone, and is considered to be a
catalyst for economic and cultural improvements in this
economically disadvantaged area.
SEC. 3. ASSISTANCE FOR NATIONAL GREAT BLACKS IN WAX MUSEUM AND JUSTICE
LEARNING CENTER.
(a) Assistance for Museum.--Subject to subsection (b), the Attorney
General, acting through the Office of Justice Programs of the
Department of Justice, shall, from amounts made available under
subsection (c), make a grant to the Great Blacks in Wax Museum, Inc. in
Baltimore, Maryland, to pay the Federal share of the costs of expanding
and creating the National Great Blacks in Wax Museum and Justice
Learning Center, including the cost of its design, planning,
furnishing, and equipping.
(b) Grant Requirements.--
(1) In general.--To receive a grant under subsection (a),
the Great Blacks in Wax Museum, Inc. shall submit to the
Attorney General a proposal for the use of the grant, which
shall include detailed plans for the design, construction,
furnishing, and equipping of the National Great Blacks in Wax
Museum and Justice Learning Center.
(2) Federal share.--The Federal share of the costs
described in subsection (a) shall not exceed 25 percent.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000, to remain available
until expended. | National Great Black Americans Commemoration Act of 2003 - Directs the Attorney General, acting through the Office of Justice Programs of the Department of Justice, to make a grant to the Great Blacks in Wax Museum, Inc., to pay up to 25 percent of the costs of expanding its existing facilities to create the National Great Blacks in Wax Museum and Justice Learning Center in Baltimore, Maryland. | {"src": "billsum_train", "title": "To authorize assistance for the National Great Blacks in Wax Museum and Justice Learning Center."} | 1,270 | 85 | 0.496096 | 1.587905 | 0.670092 | 6.438356 | 16.90411 | 0.958904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Physician Self-Referral Amendments
of 1993''.
SEC. 2. EXTENSION OF PHYSICIAN SELF-REFERRAL LIMITATIONS TO ALL PAYORS.
Section 1877 of the Social Security Act (42 U.S.C. 1395nn) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``for which
payment otherwise may be made under this title'' and
inserting ``for which a charge is imposed'', and
(B) in paragraph (1)(B), by striking ``under this
title'';
(2) by amending paragraph (1) of subsection (g) to read as
follows:
``(1) Denial of payment.--No payment may be made under this
title, under another Federal health care program, or under a
State health care program (as defined in section 1128(h)) for a
designated health service for which a claim is presented in
violation of subsection (a)(1)(B). No individual, third party
payor, or other entity is liable for payment for designated
health services for which a claim is presented in violation of
such subsection.''; and
(3) in subsection (g)(3), by striking ``for which payment
may not be made under paragraph (1)'' and inserting ``for which
such a claim may not be presented under subsection (a)(1)''.
SEC. 3. EXTENSION OF PHYSICIAN SELF-REFERRAL LIMITATIONS TO CERTAIN
ADDITIONAL SERVICES.
(a) In General.--Section 1877 of the Social Security Act is further
amended--
(1) by striking ``clinical laboratory services'' and
``clinical laboratory services'' and inserting ``designated
health services'' and ``designated health services'',
respectively, each place either appears in subsections (a)(1),
(b)(2)(A)(ii)(I), (b)(4), (d)(1), (d)(2), and (d)(3), and
(2) by adding at the end the following new subsection:
``(i) Designated Health Services Defined.--In this section, the
term `designated health services' means--
``(1) clinical laboratory services,
``(2) physical therapy services,
``(3) radiology and diagnostic imaging services,
``(4) radiation therapy services, and
``(5) the furnishing of durable medical equipment.''.
(b) Conforming Amendments.--Section 1877 of such Act is further
amended--
(1) in subsection (d)(2), by striking ``laboratory'' and
inserting ``entity'',
(2) in subsection (g)(1), by striking ``clinical laboratory
service'' and inserting ``designated health service'', and
(3) in subsection (h)(7)(B), by striking ``clinical
laboratory service'' and inserting ``designated health
service'', and
SEC. 4. CHANGES IN EXCEPTIONS.
(a) Health Maintenance Organizations and Managed Care Plans.--
Paragraph (3) of section 1877(b) of the Social Security Act is amended
to read as follows:
``(3) Health maintenance organizations and managed care
plans.--
``(A) Health maintenance organizations.--In the
case of services furnished by a health maintenance
organization to an individual enrolled with the health
maintenance organization, including services furnished
by--
``(i) an eligible organization (as defined
in section 1876(b));
``(ii) an organization described in section
1833(a)(1)(A);
``(iii) an organization receiving payments
on a prepaid basis under a demonstration
project under section 402(a) of the Social
Security Amendments of 1967 or under section
222(a) of the Social Security Amendments of
1972; and
``(iv) any other entity designated by the
Secretary as a health maintenance organization
for purposes of this subparagraph.
``(B) Certain managed care plans.--In the case of
services furnished by a managed care plan (as defined
by the Secretary) to an individual enrolled under the
plan if--
``(i) the plan selectively contracts with
physicians and with providers of designated
health services; and
``(ii) under the plan physicians bear a
significant financial risk for the cost of
designated health services furnished upon
referral.''.
(b) Waiver for Valuable Community Services.--Subsection (b)(5) of
such section is amended by adding at the end the following: ``In making
such determinations, the Secretary shall specifically consider whether
the provision of necessary, valuable community services will be
jeopardized without such an exception.''.
(c) Exception for Hospitals.--Subparagraph (A) of subsection (d)(3)
of such section is amended to read as follows:
``(A) at the time the services are furnished, the
hospital has a participation agreement in effect under
section 1866, and''.
SEC. 5. EFFECTIVE DATES.
The amendments made by this Act shall apply with respect to a
referral by a physician for designated health services (as described in
section 1877(i) of the Social Security Act)--
(1) made on or after the first day of the first month
beginning at least 2 years after the date of the enactment of
this Act, in the case of a referral with respect to which a
financial relationship (specified in section 1877(a)(2) of the
Social Security Act) existed as of the date of the enactment of
this Act; or
(2) made on or after the first day of the first month
beginning at least 6 months after the date of the enactment of
this Act, with respect to which such a financial relationship
did not exist as of the date of the enactment of this Act. | Physician Self-Referral Amendments of 1993 - Amends title XVIII (Medicare) of the Social Security Act to extend the ban on physician self-referrals to all payors and to physical therapy services, radiology and diagnostic imaging services, radiation therapy services, and the furnishing of durable medical equipment.
Makes changes in the exceptions to ownership and compensation arrangement prohibitions with respect to prepaid plans. | {"src": "billsum_train", "title": "Physician Self-Referral Amendments of 1993"} | 1,327 | 94 | 0.450247 | 1.112005 | 0.383848 | 3.246575 | 16.068493 | 0.835616 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Quality Teachers for All Act''.
TITLE I--PARENTAL RIGHTS
SEC. 101. PARENTAL RIGHT TO KNOW.
Part E of title XIV of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8891 et seq.) is amended by adding at the end the
following:
``SEC. 14515. TEACHER QUALIFICATIONS.
``Any public elementary school or secondary school that receives
funds under this Act shall provide to the parents of each student
enrolled in the school information regarding--
``(1) the professional qualifications of each of the
student's teachers, both generally and with respect to the
subject area in which the teacher provides instruction; and
``(2) the minimum professional qualifications required by
the State for teacher certification or licensure.''.
TITLE II--TEACHER QUALITY
SEC. 201. TEACHER QUALITY.
(a) In General.--Section 1111 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311) is amended--
(1) by redesignating subsections (c) through (g) as
subsections (f) through (j), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Teacher Quality.--
``(1) State standards and policies.--Each State plan shall
contain assurances, with respect to schools served under this
part, that--
``(A) no student in those schools in the State will
be taught for more than 1 year by an elementary school
teacher, or for more than 2 consecutive years in the
same subject by a secondary school teacher, who has not
demonstrated the subject matter knowledge, teaching
knowledge, and teaching skill necessary to teach
effectively in the subject in which the teacher
provides instruction;
``(B) the State provides incentives for teachers in
those schools to pursue and achieve advanced teaching
and subject area content standards;
``(C) the State has in place effective mechanisms
to ensure that local educational agencies and schools
served under this part are able--
``(i) to recruit effectively fully
qualified teachers;
``(ii) to reward financially those teachers
and principals whose students have made
significant progress toward high academic
performance, such as through performance-based
compensation systems and access to ongoing
professional development opportunities for
teachers and administrators; and
``(iii) to remove expeditiously incompetent
or unqualified teachers consistent with
procedures to ensure due process for teachers;
``(D) the State aggressively helps those schools,
particularly in high need areas, recruit and retain
fully qualified teachers;
``(E) during the period that begins on the date of
enactment of the Quality Teachers for All Act and ends
4 years after such date, elementary school and
secondary school teachers in those schools will be at
least as well qualified, in terms of experience and
credentials, as the instructional staff in schools
served by the same local educational agency that are
not schools served under this part; and
``(F) any teacher who meets the standards set by
the National Board for Professional Teaching Standards
will be considered fully qualified to teach in those
schools in any school district or community in the
State.
``(2) Qualifications of certain instructional staff.--
``(A) In general.--Each State plan shall contain
assurances that, not later than 4 years after the date
of enactment of the Quality Teachers for All Act--
``(i) all instructional staff who provide
services to students under section 1114 or 1115
will have demonstrated the subject matter
knowledge, teaching knowledge, and teaching
skill necessary to teach effectively in the
subject in which the staff provides
instruction, according to the criteria
described in this paragraph; and
``(ii) funds provided under this part will
not be used to support instructional staff--
``(I) who provide services to
students under section 1114 or 1115;
and
``(II) for whom State qualification
or licensing requirements have been
waived or who are teaching under an
emergency or other provisional
credential.
``(B) Elementary school instructional staff.--For
purposes of making the demonstration described in
subparagraph (A)(i), each member of the instructional staff who teaches
elementary school students shall, at a minimum--
``(i) have State certification (which may
include certification obtained through
alternative means) or a State license to teach;
and
``(ii) hold a bachelor's degree and
demonstrate subject matter knowledge, teaching
knowledge, and teaching skill required to teach
effectively in reading, writing, mathematics,
social studies, science, and other elements of
a liberal arts education.
``(C) Middle school and secondary school
instructional staff.--For purposes of making the
demonstration described in subparagraph (A)(i), each
member of the instructional staff who teaches in middle
schools and secondary schools shall, at a minimum--
``(i) have State certification (which may
include certification obtained through
alternative means) or a State license to teach;
and
``(ii) hold a bachelor's degree or higher
degree and demonstrate a high level of
competence in all subject areas in which the
staff member teaches through--
``(I) achievement of a high level
of performance on rigorous academic
subject area tests;
``(II) completion of an academic
major (or courses totaling an
equivalent number of credit hours) in
each of the subject areas in which the
staff member provides instruction; or
``(III) achievement of a high level
of performance in relevant subject
areas through other professional
employment experience.
``(D) Teacher aides and other paraprofessionals.--
For purposes of subparagraph (A) funds provided under
this part may be used to employ teacher aides or other
paraprofessionals who do not meet the requirements
under subparagraphs (B) and (C) only if such aides or
paraprofessionals--
``(i) provide instruction only when under
the direct and immediate supervision, and in
the immediate presence, of instructional staff
who meet the criteria of this paragraph; and
``(ii) possess particular skills necessary
to assist instructional staff in providing
services to students served under this Act.
``(E) Use of funds.--Each State plan shall contain
assurances that, beginning on the date of enactment of
the Quality Teachers for All Act, no school served
under this part will use funds received under this Act
to hire instructional staff who do not fully meet all
the criteria for instructional staff described in this
paragraph.
``(F) Definition.--In this paragraph, the term
`instructional staff' includes any individual who has
responsibility for providing any student or group of
students with instruction in any of the core academic
subject areas, including reading, writing, language
arts, mathematics, science, and social studies.
``(d) Assistance by State Educational Agency.--Each State plan
shall describe how the State educational agency will help each local
educational agency and school in the State develop the capacity to
comply with the requirements of this section.
``(e) Corrective Action.--The appropriate State educational agency
shall take corrective action consistent with section 1116(c)(5)(B)(i),
against any local educational agency that does not make sufficient
effort to comply with subsection (c). Such corrective action shall be
taken regardless of the conditions set forth in section
1116(c)(5)(B)(ii). In a case in which the State fails to take the
corrective action, the Secretary shall withhold funds from such State
up to an amount equal to that reserved under sections 1003(a) and
1603(c).''.
(b) Instructional Aides.--Section 1119 of Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6320) is amended by striking
subsection (i).
SEC. 202. FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.
Title I of the Elementary and Secondary Education Act of 1965 is
amended by inserting after section 1119 (20 U.S.C. 6320) the following
new sections:
``SEC. 1119A. A FULLY QUALIFIED TEACHER IN EVERY CLASSROOM.
``(a) Grants.--
``(1) In general.--The Secretary may make grants, on a
competitive basis, to States or local educational agencies, to
assist schools that receive assistance under this part by carrying out
the activities described in paragraph (3).
``(2) Application.--To be eligible to receive a grant under
paragraph (1), a State or local educational agency shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
``(3) Uses of funds.--
``(A) States.--In order to meet the goal under
section 1111(c)(2) of ensuring that all instructional
staff in schools served under this part have the
subject matter knowledge, teaching knowledge, and
teaching skill necessary to teach effectively in the
subject in which the staff provides instruction, a
State may use funds received under this section--
``(i) to collaborate with programs that
recruit, place, and train fully qualified
teachers;
``(ii) to provide the necessary education
and training, including establishing continuing
education programs and paying the costs of
tuition at an institution of higher education
and other student fees (for programs that meet the criteria under
section 203(b)(2)(A)(i) of the Higher Education Act of 1965 (20 U.S.C.
1023(b)(2)(A)(i))), to help teachers or other school personnel who do
not meet the necessary qualifications and licensing requirements to
meet the requirements, except that in order to qualify for a payment of
tuition or fees under this clause an individual shall agree to teach
for each of at least 2 subsequent academic years after receiving such
degree in a school that--
``(I) is located in a school
district served by a local educational
agency that is eligible in that
academic year for assistance under this
title; and
``(II) for that academic year, has
been determined by the Secretary to be
a school in which the enrollment of
children counted under section 1124(c)
exceeds 50 percent of the total
enrollment of that school;
``(iii) to establish, expand, or improve
alternative means of State certification of
teachers for highly qualified individuals with
a minimum of a baccalaureate degree, including
mid-career professionals from other
occupations, paraprofessionals, former military
personnel, and recent graduates of an
institution of higher education with records of
academic distinction who demonstrate the
potential to become highly effective teachers;
``(iv) for projects to increase the
portability of teacher pensions or credited
years of experience or to promote reciprocity
of teacher certification or licensure between
or among States, except that no reciprocity
agreement developed under this clause or
developed using funds provided under this part
may lead to the weakening of any State teaching
certification or licensing requirement; or
``(v) to establish, expand, or improve
induction programs designed to support new
teachers and promote retention of new teachers
in schools served under this part.
``(B) Local educational agencies.--In order to meet
the goal described in subparagraph (A), a local
educational agency may use funds received under this
section--
``(i) to recruit fully qualified teachers,
including through the use of signing bonuses or
other financial incentives; and
``(ii) to carry out the activities
described in clauses (i), (ii), and (v) of
subparagraph (A).
``(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each subsequent fiscal year.
``(b) Other Assistance.--Notwithstanding any other provision of
law, in order to meet the goal described in subsection (a)(3)(A)--
``(1) a State receiving assistance under title II, title
VI, title II of the Higher Education Act of 1965 (20 U.S.C.
1021 et seq.), or the Goals 2000: Educate America Act (20
U.S.C. 5801 et seq.) may use such assistance for the activities
described in subsection (a)(3)(A); and
``(2) a local educational agency receiving assistance under
an authority described in paragraph (1) may use such assistance
for the activities described in subsection (a)(3)(B).
``SEC. 1119B. CERTIFICATION GRANTS.
``(a) Grants.--The Secretary may make grants to State educational
agencies, local educational agencies, or schools that receive
assistance under this part to pay for the Federal share of the cost of
providing financial assistance to teachers in such schools who obtain
certification from the National Board of Professional Teaching
Standards.
``(b) Application.--To be eligible to receive a grant under this
section an agency or school shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
``(c) Eligible Teachers.--To be eligible to receive financial
assistance under subsection (a), a teacher shall obtain the
certification described in subsection (a).
``(d) Federal Share.--The Federal share of the cost described in
subsection (a) shall be 50 percent.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for fiscal year 2002
and such sums as may be necessary for each subsequent fiscal year.''.
SEC. 203. LIMITATION.
Part E of title XIV of the Elementary and Secondary Education Act
of 1965, as amended in section 101, is further amended by adding at the
end the following:
``SEC. 14516. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT SERVICES.
``None of the funds provided under this Act may be used for any
professional development services for a teacher that are not directly
related to the curriculum and subjects in which the teacher provides or
will provide instruction.''. | Quality Teachers for All Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require any public elementary or secondary school that receives funds under ESEA to provide to the parents of each student information on: (1) professional qualifications of the student's teachers; and (2) minimum professional qualifications required by the State for teacher certification or licensure.Revises requirements for State plans under ESEA title I (Helping Disadvantaged Students Meet High Standards) part A (Improving Basic Programs Operated by State and Local Educational Agencies) to add teacher quality requirements.Eliminates certain part A professional development requirements with respect to instructional aides.Establishes an ESEA title I part A program of grants by the Secretary of Education to provide a Fully Qualified Teacher in Every Classroom. Authorizes States and LEAs, in order to meet the goal of a qualified teacher in every classroom, to carry out specified activities with such grants and also use for the same purpose funds received under: (1) ESEA title II (Dwight D. Eisenhower Professional Development Program); (2) ESEA title VI (Innovative Education Program Strategies); (3) title II (Teacher Quality Enhancement Grants for States and Partnerships) of the Higher Education Act of 1965; or (5) the Goals 2000: Educate America Act.Establishes a certification grants program. Authorizes the Secretary to make such grants to SEAs, LEAs, or schools that receive part A assistance, to pay for one-half of the cost of providing financial assistance to teachers in such schools who obtain certification from the National Board of Professional Teaching Standards.Prohibits the use of any ESEA funds for any professional development services for a teacher that are not directly related to the curriculum and content areas in which the teacher provides instruction. | {"src": "billsum_train", "title": "A bill to improve teacher quality, and for other purposes."} | 3,086 | 400 | 0.592321 | 1.711369 | 0.953636 | 3.423881 | 8.626866 | 0.874627 |
SECTION 1. BONNEVILLE LOCK AND DAM, COLUMBIA RIVER, OREGON AND
WASHINGTON.
(a) Project Modification.--
(1) In general.--The project for Bonneville Lock and Dam,
Columbia River, Oregon and Washington, authorized by the Act of
August 20, 1937 (50 Stat. 731), and modified by section 83 of
the Water Resources Development Act of 1974 (88 Stat. 35), is
further modified to authorize the Secretary of the Army
(hereinafter in this section referred to as the ``Secretary'')
to convey to the city of North Bonneville, Washington, at no
further cost to the city, all right, title, and interest of the
United States in and to the following:
(A) Any municipal facilities, utilities fixtures,
and equipment for the relocated city, and any remaining
lands designated as open spaces or municipal lots not
previously conveyed to the city, specifically, Lots M1
through M15, M16 (the ``community center lot''), M18,
M19, M22, M24, S42 through S45, and S52 through S60.
(B) The ``school lot'' described as Lot 2, block 5,
on the plat of relocated North Bonneville.
(C) Parcels 2 and C, but only upon the completion
of any environmental response actions required under
applicable law.
(D) That portion of Parcel B lying south of the
existing city boundary, west of the sewage treatment
plant, and north of the drainage ditch that is located
adjacent to the northerly limit of the Hamilton Island
landfill, provided the Secretary determines, at the
time of the proposed conveyance, that the Department of
the Army has taken all action necessary to protect
human health and the environment.
(E) Such portions of Parcel H which can be conveyed
without a requirement for further investigation,
inventory, or other action by the Department of the
Army under the provisions of the National Historic
Preservation Act.
(F) Such easements as the Secretary deems necessary
for--
(i) sewer and water line crossings of
relocated Washington State Highway 14; and
(ii) reasonable public access to the
Columbia River across those portions of
Hamilton Island that remain under the ownership
of the United States.
(2) Time period for conveyances.--The conveyances referred
to in paragraphs (1)(A), (1)(B), (1)(E), and (1)(F)(i) shall be
completed within 180 days after the United States receives the
release referred to in paragraph (4). All other conveyances
shall be completed expeditiously, subject to any conditions
specified in the applicable subsection.
(3) Purpose.--The purpose of the conveyances authorized by
paragraph (1) is to resolve all outstanding issues between the
United States and the city of North Bonneville.
(4) Acknowledgment of payment; release of claims relating
to relocation of city.--As a prerequisite to such conveyances,
the city of North Bonneville shall execute an acknowledgment of
payment of just compensation and shall execute a release of any
and all claims for relief of any kind against the United States
growing out of the relocation of the city of North Bonneville,
or any prior Federal legislation relating thereto, and shall
dismiss, with prejudice, any pending litigation, if any,
involving such matters.
(5) Release by attorney general.--Upon receipt of the
city's acknowledgment and release referred to in paragraph (4),
the Attorney General of the United States shall dismiss any
pending litigation, if any, arising out of the relocation of
the city of North Bonneville, and execute a release of any and
all rights to damages of any kind under the February 20, 1987,
judgment of the United States Claims Court, including any
interest thereon.
(6) Acknowledgment of entitlements; release by city of
claims under this subsection.--Within 60 days after the
conveyances authorized by paragraph (1) (other than
subparagraph (F)(ii)) have been completed, the city shall
execute an acknowledgment that all entitlements under such
paragraph have been completed and shall execute a release of
any and all claims for relief of any kind against the United
States arising out of this subsection.
(7) Effects on city.--Beginning on the date of the
enactment of this Act, the city of North Bonneville, or any
successor in interest thereto, shall--
(A) be precluded from exercising any jurisdiction
over any lands owned in whole or in part by the United
States and administered by the United States Army Corps
of Engineers in connection with the Bonneville project;
and
(B) be authorized to change the zoning designations
of, sell, or resell Parcels S35 and S56, which are
presently designated as open spaces.
(b) Repeal.--Section 9147 of the Department of Defense
Appropriations Act, 1993 (106 Stat. 1940-1941) is repealed. | Modifies the project for the Bonneville Lock and Dam, Columbia River, Oregon and Washington, to authorize the Secretary of the Army to convey to the relocated city of North Bonneville, Washington, specified real property and easements in the area of such relocated city. Requires as a condition of such conveyance that the city execute a release of claims for relief against the United States growing out of the relocation. Requires the dismissal of any pending litigation related to the relocation.
Repeals provisions of the Department of Defense Appropriations Act, 1993 requiring the Secretary to take specified action to relocate such city. | {"src": "billsum_train", "title": "To modify the project for Bonneville Lock and Dam Columbia River, Oregon and Washington."} | 1,082 | 135 | 0.515574 | 1.653176 | 0.626106 | 3.078947 | 8.666667 | 0.868421 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Fish and Wildlife
Restoration Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes have fish and wildlife communities that are
structurally and functionally changing;
(2) successful fish and wildlife management focuses on the
lakes as ecosystems, and effective management requires the
coordination and integration of efforts of many partners;
(3) it is in the national interest to undertake activities in
the Great Lakes Basin that support sustainable fish and wildlife
resources of common concern provided under the recommendations of
the Great Lakes Regional Collaboration authorized under Executive
Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes
Interagency Task Force);
(4) additional actions and better coordination are needed to
protect and effectively manage the fish and wildlife resources, and
the habitats upon which the resources depend, in the Great Lakes
Basin;
(5) as of the date of enactment of this Act, actions are not
funded that are considered essential to meet the goals and
objectives in managing the fish and wildlife resources, and the
habitats upon which the resources depend, in the Great Lakes Basin;
and
(6) the Great Lakes Fish and Wildlife Restoration Act (16
U.S.C. 941 et seq.) allows Federal agencies, States, and tribes to
work in an effective partnership by providing the funding for
restoration work.
SEC. 3. DEFINITIONS.
Section 1004 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941b) is amended--
(1) by striking paragraphs (1), (4), and (12);
(2) by redesignating paragraphs (2), (3), (5), (6), (7), (8),
(9), (10), (11), (13), and (14) as paragraphs (1), (2), (3), (4),
(5), (6), (7), (9), (10), (11), and (12), respectively;
(3) in paragraph (4) (as redesignated by paragraph (2)), by
inserting before the semicolon at the end the following: ``, and
that has Great Lakes fish and wildlife management authority in the
Great Lakes Basin''; and
(4) by inserting after paragraph (7) (as redesignated by
paragraph (2)) the following:
``(8) the term `regional project' means authorized activities
of the United States Fish and Wildlife Service related to fish and
wildlife resource protection, restoration, maintenance, and
enhancement impacting multiple States or Indian Tribes with fish
and wildlife management authority in the Great Lakes basin;''.
SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS.
Section 1005 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941c) is amended to read as follows:
``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS
AND REGIONAL PROJECTS.
``(a) In General.--Subject to subsection (b)(2), the Director--
``(1) shall encourage the development and, subject to the
availability of appropriations, the implementation of fish and
wildlife restoration proposals and regional projects based on the
results of the Report; and
``(2) in cooperation with the State Directors and Indian
Tribes, shall identify, develop, and, subject to the availability
of appropriations, implement regional projects in the Great Lakes
Basin to be administered by Director in accordance with this
section.
``(b) Identification of Proposals and Regional Projects.--
``(1) Request by the director.--The Director shall annually
request that State Directors and Indian Tribes, in cooperation or
partnership with other interested entities and in accordance with
subsection (a), submit proposals or regional projects for the
restoration of fish and wildlife resources.
``(2) Requirements for proposals and regional projects.--A
proposal or regional project under paragraph (1) shall be--
``(A) submitted in the manner and form prescribed by the
Director; and
``(B) consistent with--
``(i) the goals of the Great Lakes Water Quality
Agreement, as amended;
``(ii) the 1954 Great Lakes Fisheries Convention;
``(iii) the 1980 Joint Strategic Plan for Management of
Great Lakes Fisheries, as revised in 1997, and Fish
Community Objectives for each Great Lake and connecting
water as established under the Joint Strategic Plan;
``(iv) the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701 et seq.);
``(v) the North American Waterfowl Management Plan and
joint ventures established under the plan; and
``(vi) the strategies outlined through the Great Lakes
Regional Collaboration authorized under Executive Order
13340 (69 Fed. Reg. 29043; relating to the Great Lakes
Interagency Task Force).
``(3) Sea lamprey authority.--The Great Lakes Fishery
Commission shall retain authority and responsibility to formulate
and implement a comprehensive program to eradicate or minimize sea
lamprey populations in the Great Lakes Basin.
``(c) Review of Proposals.--
``(1) Establishment of committee.--There is established the
Great Lakes Fish and Wildlife Restoration Proposal Review
Committee, which shall operate under the guidance of the United
States Fish and Wildlife Service.
``(2) Membership and appointment.--
``(A) In general.--The Committee shall consist of 2
representatives of each of the State Directors and Indian
Tribes, of whom--
``(i) 1 representative shall be the individual
appointed by the State Director or Indian Tribe to the
Council of Lake Committees of the Great Lakes Fishery
Commission; and
``(ii) 1 representative shall have expertise in
wildlife management.
``(B) Appointments.--Each representative shall serve at the
pleasure of the appointing State Director or Tribal Chair.
``(C) Observer.--The Great Lakes Coordinator of the United
States Fish and Wildlife Service shall participate as an
observer of the Committee.
``(D) Recusal.--A member of the Committee shall recuse
himself or herself from consideration of proposals that the
member, or the entity that the member represents, has
submitted.
``(3) Functions.--The Committee shall--
``(A) meet at least annually;
``(B) review proposals and regional projects developed in
accordance with subsection (b) to assess the effectiveness and
appropriateness of the proposals and regional projects in
fulfilling the purposes of this title; and
``(C) recommend to the Director any of those proposals and
regional projects that should be funded and implemented under
this section.
``(d) Implementation of Proposals and Regional Projects.--
``(1) In general.--After considering recommendations of the
Committee and the goals specified in section 1006, the Director
shall--
``(A) select proposals and regional projects to be
implemented; and
``(B) subject to the availability of appropriations and
subsection (e), fund implementation of the proposals and
regional projects.
``(2) Selection criteria.--In selecting and funding proposals
and regional projects, the Director shall take into account the
effectiveness and appropriateness of the proposals and regional
projects in fulfilling the purposes of other laws applicable to
restoration of the fish and wildlife resources and habitat of the
Great Lakes Basin.
``(e) Cost Sharing.--
``(1) In general.--Except as provided in paragraphs (2) and
(4), not less than 25 percent of the cost of implementing a
proposal selected under subsection (d) (excluding the cost of
establishing sea lamprey barriers) shall be paid in cash or in-kind
contributions by non-Federal sources.
``(2) Regional projects.--Regional projects selected under
subsection (d) shall be exempt from cost sharing if the Director
determines that the authorization for the project does not require
a non-Federal cost-share.
``(3) Exclusion of federal funds from non-federal share.--The
Director may not consider the expenditure, directly or indirectly,
of Federal funds received by any entity to be a contribution by a
non-Federal source for purposes of this subsection.
``(4) Effect on certain indian tribes.--Nothing in this
subsection affects an Indian tribe affected by an alternative
applicable cost sharing requirement under the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).''.
SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS
RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES.
Section 1006 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and
inserting the following:
``(1) Restoring and maintaining self-sustaining fish and
wildlife resources.''.
SEC. 6. ESTABLISHMENT OF OFFICES.
Section 1007 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941e) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Great Lakes Coordination Office.--
``(1) In general.--The Director shall establish a centrally
located facility for the coordination of all United States Fish and
Wildlife Service activities in the Great Lakes Basin, to be known
as the `Great Lakes Coordination Office'.
``(2) Functional responsibilities.--The functional
responsibilities of the Great Lakes Coordination Office shall
include--
``(A) intra- and interagency coordination;
``(B) information distribution; and
``(C) public outreach.
``(3) Requirements.--The Great Lakes Coordination Office
shall--
``(A) ensure that information acquired under this Act is
made available to the public; and
``(B) report to the Director of Region 3, Great Lakes Big
Rivers.'';
(2) in subsection (b)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``The office'' and
inserting the following:
``(2) Name and location.--The office''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Lower
Great Lakes Fishery Resources Office shall include operational
activities of the United States Fish and Wildlife Service related
to fishery resource protection, restoration, maintenance, and
enhancement in the Lower Great Lakes.''; and
(3) in subsection (c)--
(A) in the first sentence, by striking ``The Director'' and
inserting the following:
``(1) In general.--The Director'';.
(B) in the second sentence, by striking ``Each of the
offices'' and inserting the following:
``(2) Name and location.--Each of the offices''; and
(C) by adding at the end the following:
``(3) Responsibilities.--The responsibilities of the Upper
Great Lakes Fishery Resources Offices shall include operational
activities of the United States Fish and Wildlife Service related
to fishery resource protection, restoration, maintenance, and
enhancement in the Upper Great Lakes.''.
SEC. 7. REPORTS.
Section 1008 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941f) is amended to read as follows:
``SEC. 1008. REPORTS.
``(a) In General.--Not later than December 31, 2011, the Director
shall submit to the Committee on Resources of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section 1005;
and
``(3) progress toward the accomplishment of the goals specified
in section 1006.
``(b) Public Access to Data.--For each of fiscal years 2007 through
2012, the Director shall make available through a public access website
of the Department information that describes--
``(1) actions taken to solicit and review proposals under
section 1005;
``(2) the results of proposals implemented under section 1005;
``(3) progress toward the accomplishment of the goals specified
in section 1006;
``(4) the priorities proposed for funding in the annual budget
process under this title; and
``(5) actions taken in support of the recommendations of the
Great Lakes Regional Collaboration authorized under Executive Order
13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency
Task Force).
``(c) Report.--Not later than June 30, 2007, the Director shall
submit to the Committee on Environment and Public Works of the Senate
and the Committee on Resources of the House of Representatives the 2002
report required under this section as in effect on the day before the
date of enactment of the Great Lakes Fish and Wildlife Restoration Act
of 2006.''.
SEC. 8. CONTINUED MONITORING AND ASSESSMENT OF STUDY FINDINGS AND
RECOMMENDATIONS.
The Director of the United States Fish and Wildlife Service--
(1) shall continue to monitor the status, and the assessment,
management, and restoration needs, of the fish and wildlife
resources of the Great Lakes Basin; and
(2) may reassess and update, as necessary, the findings and
recommendations of the report entitled ``Great Lakes Fishery
Resources Restoration Study'', submitted to the President of the
Senate and the Speaker of the House of Representatives on September
13, 1995.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 1009 of the Great Lakes Fish and Wildlife Restoration Act
of 1990 (16 U.S.C. 941g) is amended to read as follows:
``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Director for each
of fiscal years 2007 through 2012--
``(1) $14,000,000 to implement fish and wildlife restoration
proposals as selected by the Director under section 1005(e), of
which--
``(A) not more than the lesser of 33 1/3 percent or
$4,600,000 may be allocated to implement regional projects by
the United States Fish and Wildlife Service, as selected by the
Director under section 1005(e); and
``(B) the lesser of 5 percent or $700,000 shall be
allocated to the United States Fish and Wildlife Service to
cover costs incurred in administering the proposals by any
entity; and
``(2) $2,000,000, which shall be allocated for the
activities of the Great Lakes Coordination Office in East
Lansing, Michigan, of the Upper Great Lakes Fishery Resources
Office, and the Lower Great Lakes Fishery Resources Office
under section 1007.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Great Lakes Fish and Wildlife Restoration Act of 2006 - Reauthorizes the Great Lakes Fish and Wildlife Restoration Act of 1990.
(Sec. 4) Requires the Director of the U.S. Fish and Wildlife Service (FWS) to encourage and implement fish and wildlife restoration proposals and regional projects if funding is available. Defines "regional projects" as authorized activities of FWS related to fish and wildlife resource protection, restoration, maintenance, and enhancement impacting multiple states or Indian tribes with fish and wildlife management authority in the Great Lakes basin.
Requires proposals or regional projects to be consistent with: (1) the goals of the Great Lakes Water Quality Agreement, as amended; (2) the 1954 Great Lakes Fisheries Convention; (3) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; (4) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990; (5) the North American Waterfowl Management Plan and joint ventures established under the plan; and (6) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340.
Reauthorizes provisions concerning the Great Lakes Fishery Commission's retention of authority and responsibility for the formulation and implementation of a comprehensive program for eradicating or minimizing sea lamprey populations in the Great Lakes Basin.
Requires the Great Lakes Fish and Wildlife Restoration Proposal Review Committee to operate under the guidance of FWS (currently, under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission) and revises Committee membership requirements. Requires the Committee to meet annually.
(Sec. 5) Revises the goals of FWS programs related to the Great Lakes fish and wildlife resources to include restoring and maintaining self-sustaining fish and wildlife resources.
(Sec. 6) Requires the Great Lakes Coordination Office to: (1) ensure that information acquired under such Act is made available to the public; and (2) report to the FWS Director of Region Three, Great Lakes Big Rivers.
Includes within the responsibilities of the Lower Great Lakes Fishery Resources Office and the Upper Great Lakes Fishery Resources Offices FWS operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the offices' respective regions.
(Sec. 7) Requires the Director to: (1) submit a report to Congress no later than December 31, 2011, that describes actions taken to solicit and review proposals, the results of the implemented proposals, and progress toward the accomplishment of the Act's goals; (2) make available through a public website of the Department information concerning the proposals, progress, proposed funding priorities, and actions taken in support of the recommendations of the Great Lakes Regional Collaboration for FY2007-FY2012; and (3) submit to Congress no later than June 30, 2007, the 2002 report required under the Great Lakes Fish and Wildlife Restoration Act of 1990.
(Sec. 8) Requires the Director to continue to monitor the status and the assessment, management, and restoration needs of the Great Lakes Basin's fish and wildlife resources. Authorizes the Director to reassess and update the findings and recommendations of the Great Lakes Fishery Resources Restoration Study.
(Sec. 9) Authorizes appropriations for FY2007-FY2012 for: (1) the implementation of fish and wildlife restoration proposals; and (2) the activities of the Great Lakes Coordination Office in East Lansing, Michigan, the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office. | {"src": "billsum_train", "title": "A bill to amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide for implementation of recommendations of the United States Fish and Wildlife Service contained in the Great Lakes Fishery Resources Restoration Study."} | 3,323 | 790 | 0.688047 | 2.352316 | 0.710294 | 4.40708 | 4.585546 | 0.941003 |
SECTION l. SHORT TITLE.
This Act may be cited as the ``Invest in the Deficit Act of 1993''.
SEC. 2. NEW REVENUE TO REDUCE DEFICITS.
(a) In General.--Except as provided by subsection (b), whenever a
law is enacted that provides new revenue or an asset of the United
States is sold to the public, all such revenue and the proceeds of all
such sales shall be dedicated to the reduction of any annual Federal
budget deficit.
(b) Exception.--Subsection (a) shall not apply to any fiscal year
if there was no Federal budget deficit in the immediately preceding
fiscal year.
(c) Definition.--As used in this section, the term ``new revenue''
refers to additional receipts resulting from the enactment, after the
date of enactment of this Act, of new taxes or higher rates for
existing taxes, including any extension of temporary taxes or rates.
SEC. 3. MAXIMUM DEFICIT AMOUNTS AND DISCRETIONARY SPENDING LIMITS FOR
FISCAL YEAR 1994-1998.
(a) Maximum Deficit Amounts.--Section 601(a)(1) of the
Congressional Budget Act of 1974 is amended by striking subparagraphs
(D) and (E) and inserting the following:
``(D) with respect to fiscal year 1994,
$260,800,000,000;
``(E) with respect to fiscal year 1995,
$240,000,000,000;
``(F) with respect to fiscal year 1996,
$210,000,000,000;
``(G) with respect to fiscal year 1997,
$170,000,000,000; and
``(H) with respect to fiscal year 1998,
$130,000,000,000;''.
(b) Discretionary Spending Limits.--(1) Section 601(a)(2) of the
Congressional Budget Act of 1974 is amended by striking subparagraphs
(D) and (E) and by inserting ``and'' at the end of subparagraph (B).
(2) Section 601(a) of the Congressional Budget Act of 1974 is
amended by adding at the end the following new paragraph:
``(3) Discretionary spending limits for fiscal years 1994-
1998.--The term `discretionary spending limit' means--
``(A) for the defense category--
``(i) with respect to fiscal year 1994,
$281,151,000,000 in new budget authority and
$290,361,000,000 in outlays;
``(ii) with respect to fiscal year 1995,
$279,151,000,000 in new budget authority and
$288,361,000,000 in outlays;
``(iii) with respect to fiscal year 1996,
$273,151,000,000 in new budget authority and
$282,361,000,000 in outlays;
``(iv) with respect to fiscal year 1997,
$269,651,000,000 in new budget authority and
$278,861,000,000 in outlays; and
``(v) with respect to fiscal year 1998,
$264,651,000,000 in new budget authority and
$273,861,000,000 in outlays; and
``(B) for the international category, as adjusted
in strict conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985--
``(i) with respect to fiscal year 1994,
$34,941,000,000 in new budget authority and
$20,519,000,000 in outlays;
``(ii) with respect to fiscal year 1995,
$35,558,000,000 in new budget authority and
$20,881,000,000 in outlays;
``(iii) with respect to fiscal year 1996,
$36,732,000,000 in new budget authority and
$21,570,000,000 in outlays;
``(iv) with respect to fiscal year 1997,
$37,980,000,000 in new budget authority and
$22,304,000,000 in outlays; and
``(v) with respect to fiscal year 1998,
$39,272,000,000 in new budget authority and
$23,062,000,000 in outlays; and
``(C) for the domestic category, as adjusted in
strict conformance with section 251 of the Balanced
Budget and Emergency Deficit Control Act of 1985--
``(i) with respect to fiscal year 1994,
$205,501,000,000 in new budget authority and
$228,997,000,000 in outlays;
``(ii) with respect to fiscal year 1995,
$209,131,000,000 in new budget authority and
$233,043,000,000 in outlays;
``(iii) with respect to fiscal year 1996,
$216,032,000,000 in new budget authority and
$240,733,000,000 in outlays;
``(iv) with respect to fiscal year 1997,
$223,378,000,000 in new budget authority and
$248,918,000,000 in outlays; and
``(v) with respect to fiscal year 1998,
$230,972,000,000 in new budget authority and
$257,382,000,000 in outlays.''.
(c) Conforming Amendments.--(1) Section 601(b)(1) of the
Congressional Budget Act of 1974 is amended by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998''.
(2) Section 602(c) of the Congressional Budget Act of 1974 is
amended by striking ``1995'' and inserting ``1998''.
(3) Section 602(d) of the Congressional Budget Act of 1974 is
amended in its side heading by striking ``1995'' and inserting ``1998''
and by striking ``1995'' and inserting ``1998''.
(4) Section 606(c) of the Congressional Budget Act of 1974 is
amended--
(A) in subsection (a), by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998''; and
(B) in subsection (d), by striking ``and 1995'' and
inserting ``1995, 1996, 1997, and 1998''.
(5) Section 607 of the Congressional Budget Act of 1974 is amended
by striking ``1995'' and inserting ``1998''.
SEC. 4. CONFORMING AMENDMENTS TO THE BALANCED BUDGET AND EMERGENCY
DEFICIT CONTROL ACT OF 1985.
Part C of the Balanced Budget and Emergency Deficit Control Act of
1985 is amended as follows:
(1) Section 250(a) is amended by striking ``1995'' and
inserting ``1998''.
(2) Section 250(c) is amended--
(A) in paragraph (4), by striking ``(A)'', by
striking ``1991, 1992, and 1993'' and inserting ``1991
through 1998'', and by repealing subparagraph (B);
(B) in paragraph (6)(B), by striking ``or 1995,''
and inserting ``1995, 1996, 1997, or 1998,''; and
(C) in paragraph (14), by striking ``1995'' and
inserting ``1998''.
(3)(A) The side heading of section 251(a) is amended by
striking ``1995'' and inserting ``1998''.
(B) Section 251(b) is amended--
(i) by striking ``or 1995'' and inserting ``1995,
1996, 1997, or 1998'' in the first sentence of
paragraph (1), in paragraph (1)(B)(i), in the first
sentence of paragraph (2), and in paragraph (2)(D);
(ii) in paragraph (1)(B), effective for fiscal year
1994, by striking clause (ii) and inserting the
following new clause:
``(ii) For a budget year the inflation adjustment factor
shall be measured by the average of the estimated gross
national product implicit price deflator index for a fiscal
year divided by the average of the prior fiscal year.'';
(iii) in the first sentence of paragraph (2) by
striking ``through 1995'' and inserting ``through
1998''; and
(iv) in paragraph (2)(F) by striking the comma
after ``or 1993'' and all that follows and inserting a
period.
(4)(A) The side heading of section 252(a) is amended by
striking ``1995'' and inserting ``1998''.
(B) Section 252(d) is amended by striking ``1995'' and
inserting ``1998'' each place it appears.
(C) Section 252(e) is amended by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998'' and by striking
``through 1995'' and inserting ``through 1998''.
(5) Section 253 is amended--
(A) in subsection (g)(1)(B), by inserting ``or any
subsequent fiscal year through 1998'' after ``fiscal
year 1994'', by striking ``fiscal years 1994 and 1995''
and inserting ``that fiscal year and the subsequent
fiscal year (through fiscal year 1998)'', by striking
the second sentence, and, in the last sentence, by
striking ``through fiscal year'' and all that follows
and inserting: ``shall be deemed to apply for that
fiscal year.'';
(B) in subsection (g)(1)(C), by striking ``or
1995'' and inserting ``1995, 1996, 1997, or 1998''; and
(C) in subsection (h), by striking ``fiscal year
1994 and fiscal year 1995'' both places it appears and
inserting ``fiscal year 1994, 1995, 1996, 1997, and
1998''.
(6) Section 254 is amended--
(A) in subsection (c), by striking ``or 1995'' and
inserting ``1995, 1996, 1997, or 1998'';
(B) in subsection (d)(2), by striking ``1995'' and
inserting ``1998''; and
(C) in paragraphs (2)(A) and (3) of subsection (g),
by striking ``1995'' and inserting ``1998''.
(7) Section 275(b) is amended by striking ``1995'' and
inserting ``1998''. | Invest in the Deficit Act of 1993 - Declares that whenever a law is enacted that provides new revenue or an asset of the United States is sold to the public, all such revenue and proceeds sales shall be dedicated to the reduction of any annual Federal budget deficit.
Amends the Congressional Budget Act of 1974 to increase the maximum deficit amounts for FY 1994 and 1995 and to establish such amounts for FY 1996 through 1998.
Repeals discretionary spending limits for FY 1994 and 1995. Establishes such limits for FY 1994 through 1998 for the defense, international, and domestic categories. Requires adjustments to the international and domestic categories to be made in strict conformance with enforcement provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). | {"src": "billsum_train", "title": "Invest in the Deficit Act of 1993"} | 2,297 | 174 | 0.53898 | 1.42709 | 0.749373 | 4.952703 | 13.405405 | 0.858108 |
SECTION 1. COMMEMORATIVE WORK TO HONOR BRIGADIER GENERAL FRANCIS MARION
AND HIS FAMILY.
(a) Findings.--The Congress finds that:
(1) Francis Marion was born in 1732 in St. John's Parish,
Berkeley County, South Carolina. He married Mary Esther Videau
on April 20th, 1786. Francis and Mary Esther Marion had no
children, but raised a son of a relative as their own, and gave
the child Francis Marion's name.
(2) Brigadier General Marion commanded the Williamsburg
Militia Revolutionary force in South Carolina and was
instrumental in delaying the advance of British forces by
leading his troops in disrupting supply lines.
(3) Brigadier General Marion's tactics, which were unheard
of in rules of warfare at the time, included lightning raids on
British convoys, after which he and his forces would retreat
into the swamps to avoid capture. British Lieutenant Colonel
Tarleton stated that ``as for this damned old swamp fox, the
devil himself could not catch him''. Thus, the legend of the
``Swamp Fox'' was born.
(4) His victory at the Battle of Eutaw Springs in September
of 1781 was officially recognized by Congress.
(5) Brigadier General Marion's troops are believed to be
the first racially integrated force fighting for the United
States, as his band was a mix of Whites, Blacks, both free and
slave, and Native Americans.
(6) As a statesman, he represented his parish in the South
Carolina senate as well as his State at the Constitutional
Convention.
(7) Although the Congress has authorized the establishment
of commemorative works on Federal lands in the District of
Columbia honoring such celebrated Americans as George
Washington, Thomas Jefferson, and Abraham Lincoln, the National
Capital has no comparable memorial to Brigadier General Francis
Marion for his bravery and leadership during the Revolutionary
War, without which the United States would not exist.
(8) Brigadier General Marion's legacy must live on. At
present, and since 1878, United States Reservation 18 has been
officially referred to as Marion Park. Located between 4th and
6th Streets, S.E., at the intersection of E Street and South
Carolina Avenue, S.E., in Washington, DC, the park lacks a
formal commemoration to this South Carolina hero who was
important to the initiation of the Nation's heritage.
(9) The time has come to correct this oversight so that
future generations of Americans will know and understand the
preeminent historical and lasting significance to the Nation of
Brigadier General Marion's contributions. Such a South Carolina
hero deserves to be given the proper recognition.
(b) Authority to Establish Commemorative Work.--The Marion Park
Project, a committee of the Palmetto Conservation Foundation, may
establish a commemorative work on Federal land in the District of
Columbia and its environs to honor Brigadier General Francis Marion and
his service.
(c) Compliance With Standards for Commemorative Works.--The
commemorative work authorized by subsection (b) shall be established in
accordance with chapter 89 of title 40, United States Code (commonly
known as the Commemorative Works Act).
(d) Use of Federal Funds Prohibited.--Federal funds may not be used
to pay any expense of the establishment of the commemorative work
authorized by subsection (b). The Marion Park Project, a committee of
the Palmetto Conservation Foundation, shall be solely responsible for
acceptance of contributions for, and payment of the expenses of, the
establishment of that commemorative work.
(e) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the commemorative work authorized by subsection
(b) (including the maintenance and preservation amount provided for in
section 8906(b) of title 40, United States Code), or upon expiration of
the authority for the commemorative work under chapter 89 of title 40,
United States Code, there remains a balance of funds received for the
establishment of that commemorative work, the Marion Park Project, a
committee of the Palmetto Conservation Foundation, shall transmit the
amount of the balance to the Secretary of the Treasury for deposit in
the account provided for in section 8906(b)(1) of such title.
(f) Definitions.--For the purposes of this section, the terms
``commemorative work'' and ``the District of
Columbia and its environs'' have the meanings given to such terms in
section 8902(a) of title 40, United States Code.
Passed the House of Representatives July 24, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Authorizes the Marion Park Project, a committee of the Palmetto Conservation Foundation to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.
Prohibits the use of federal funds to pay any expense of its establishment.
Makes the Marion Park Project solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of such commemorative work. | {"src": "billsum_train", "title": "To authorize the Marion Park Project, a Committee of the Palmetto Conservation Foundation, to establish a commemorative work on Federal land in the District of Columbia, and its environs to honor Brigadier General Francis Marion."} | 1,047 | 96 | 0.440212 | 1.473356 | 0.626073 | 6.810127 | 11.556962 | 0.936709 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Access Preservation Act''
or the ``CAP Act''.
SEC. 2. AMENDMENTS.
(a) In General.--Section 611 of the Communications Act of 1934 (47
U.S.C. 531) is amended--
(1) by redesignating subsection (f) as subsection (h); and
(2) by inserting after subsection (e) the following new
subsections:
``(f) Equivalence.--
``(1) In general.--In the case of any franchise under which
channel capacity is designated under subsection (b), such
channel capacity shall be--
``(A) at least equivalent in quality,
accessibility, functionality, and placement to--
``(i) channel capacity used for required
carriage of local commercial television
stations, as defined in section 614(h)(1); or
``(ii) if no such stations are required to
be carried, the channel capacity used to carry
the primary signal of the network-affiliated
commercial television stations carried on the
cable system; and
``(B) provided to and viewable by every subscriber
of a cable system without additional service or
equipment charges.
``(2) Signal quality and content.--A cable operator shall--
``(A) carry signals for public, educational, or
governmental use from the point of origin of such
signals to subscribers without material degradation and
without altering or removing content provided as part
of the public, educational, or governmental use; and
``(B) provide facilities adequate to fulfill such
requirements.
``(3) Waiver.--The requirements of paragraph (1) may be
waived by a franchising authority if the franchise contains an
explicit provision that such requirements shall not apply and
such provision was adopted after a proceeding the conduct of
which afforded the public adequate notice and an opportunity to
participate.
``(4) Enforcement.--The requirements of this subsection may
be enforced by a franchising authority or by the Commission.
``(5) Additional requirements.--Nothing in this subsection
prevents a franchising authority from establishing additional
requirements with respect to the quality, accessibility,
functionality, placement, and provision of channel capacity
designated for public, educational, or governmental use.
``(g) Preservation of Public, Educational, and Governmental Use.--
``(1) Study.--Within 180 days after the date of enactment
of the Community Access Preservation Act, the Commission shall
submit to Congress a report containing--
``(A) an analysis of the impact of the enactment of
State video service franchising laws since 2005 on
public, educational, and governmental use of cable
systems;
``(B) an analysis of the impact of the conversion
from analog to digital transmission technologies on
public, educational, and governmental use of cable
systems; and
``(C) recommendations for changes required to this
Act to preserve and advance localism and public,
educational, and governmental use of advanced
communications systems.
``(2) Support.--In States that adopted legislation
affecting cable system franchising requirements relating to
support for public, educational, or governmental use of a cable
system that became effective after May 31, 2005, a cable
operator shall, notwithstanding such legislation--
``(A) pay to any political subdivision in which the
operator provides service the greater of--
``(i) the historical support that the
operator, or its predecessor, provided for
public, educational, or governmental use of the
cable system in such subdivision in accordance
with this subsection; or
``(ii) the amount of any cash payment that
the operator is required to pay to such
subdivision under such State legislation
affecting cable system franchising
requirements;
``(B) carry signals for public, educational, or
governmental use from the point of origin of such
signals to subscribers and provide facilities adequate
to fulfill such requirements in accordance with
subsection (f)(2); and
``(C) provide at least the number of channels for
public, educational, or governmental use that it was
providing as of May 31, 2005.
``(3) Calculation of historical support.--Historical
support includes the value of all support provided for public,
educational, or governmental use, including in-kind support and
free services. The cable operator shall pay support equal to
the greater of--
``(A) the value of the support provided in the most
recent calendar year prior to the effective date of
such State legislation affecting cable system
franchising requirements; or
``(B) the value of the annual average support
provided over the term of the franchise pursuant to
which it operated prior to such effective date, taking
into account the time value of money.
``(4) Payments.--The amounts owed to the political
subdivision under paragraph (2)(A) shall be paid annually, in
quarterly installments, with the first payment being due 30
days after the date of enactment of the Community Access
Preservation Act.
``(5) Uses; disputes.--
``(A) Uses.--Support provided to any State or local
political subdivision under this subsection shall be
dedicated to public, educational, or governmental use
of channel capacity.
``(B) Disputes.--If there is a dispute as to
amounts owed under this subsection, undisputed amounts
shall be paid, and the Commission shall determine on an
expedited basis what, if any, additional amounts are
owed.''.
(b) Franchise Fee Definition.--Section 622(g)(2) of such Act (47
U.S.C. 542(g)(2)) is amended--
(1) in subparagraph (B), by striking ``in the case of any
franchise in effect on the date of the enactment of this
title,'';
(2) by striking subparagraph (C); and
(3) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively.
(c) Cable Service Definition.--Section 602(6) of such Act (47
U.S.C. 522(6)) is amended by striking ``means'' and inserting ``means,
regardless of the technology or transmission protocol used in the
provision of service''. | Community Access Preservation Act or the CAP Act - Amends the Communications Act of 1934 to require, with a specified waiver authority, that public, educational, and government (PEG) channels be: (1) carried in the same channel capacity as local commercial television channels, or if no such stations are required to be carried, in the same channel capacity as network-affiliated commercial television stations carried on cable; and (2) provided to every cable subscriber without additional service or equipment charges.
Requires a cable operator to: (1) carry PEG signals to subscribers without material degradation and without altering content; and (2) provide facilities adequate to fulfill such requirements.
Requires cable operators in states that have adopted statewide franchising to: (1) make PEG support payments equal to the greater of the cash payment required under state law or the value of historically-provided PEG support; (2) carry PEG signals from the point of origin to subscribers; and (3) provide at least the number of channels for PEG use provided as of May 31, 2005. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to provide for carriage and display of public, educational, and government channels in a manner consistent with commercial channels, and for other purposes."} | 1,365 | 220 | 0.623732 | 1.70972 | 0.812892 | 2.903846 | 6.134615 | 0.894231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal and Estuarine Land
Conservation Program Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Coastal and estuarine areas provide important nursery
habitat for two-thirds of the commercial fish and shellfish
populations of the United States, provide nesting and foraging
habitat for coastal birds, harbor significant natural plant
communities, and serve to facilitate coastal flood control and
pollutant filtration.
(2) Coastal and estuarine areas, in both urban and rural
settings, provide significant opportunities for recreational
and educational activities, including hunting and fishing,
boating, swimming, bird watching, wildlife observation,
restoration, and other activities.
(3) The Coastal Zone Management Act of 1972 (16 U.S.C. 1451
et seq.) recognizes the national importance of these areas and
their ecological vulnerability to anthropogenic activities by
establishing a comprehensive Federal-State partnership for
protecting natural reserves and managing growth in these areas.
(4) The National Estuarine Research Reserve system
established under that Act relies on the protection of
designated areas for long-term protection and for the conduct
of education and research critical to the protection and
conservation of coastal and estuarine resources.
(5) Intense development pressures within the coastal zone
are driving the need to provide coastal managers with a wider
range of tools to protect and conserve important coastal and
estuarine areas, including protection of developed or
ecologically degraded areas with potential for restoration for
ecological or recreational purposes.
(6) Federal-State-nongovernmental organization pilot
projects have already substantially contributed to the long-
term health and viability of coastal and estuarine systems.
(7) Enhanced protection of estuarine and coastal areas can
be coordinated through Federal, State, regional, and local
efforts.
SEC. 3. ESTABLISHMENT OF COASTAL AND ESTUARINE LAND CONSERVATION
PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 310 the following:
``coastal and estuarine land conservation program
``Sec. 310A. (a) Establishment.--The Secretary shall establish, in
cooperation with appropriate State, regional, and other units of
government, a Coastal and Estuarine Land Conservation Program (in this
section referred to as the `Program)' for the purposes of--
``(1) ascertaining the environmental integrity of important
coastal and estuarine areas, including wetlands and forests,
that--
``(A) have significant conservation, recreation,
ecological, historical, economic, or aesthetic values;
and
``(B) are threatened by conversion from their
natural, undeveloped, or recreational state to other
uses or could be managed or restored to effectively
conserve, enhance, or restore ecological function; and
``(2) protecting the environmental integrity of such areas.
``(b) Administration of Program.--The Program shall be administered
by the National Ocean Service of the National Oceanic and Atmospheric
Administration through the Office of Ocean and Coastal Resource
Management.
``(c) Property Acquisition Grants.--
``(1) Grants; purpose.--The Secretary shall make grants
under the Program to coastal states with approved coastal zone
management plans or National Estuarine Research Reserve units
for the purpose of assisting such States to acquire property or
interests in property described in subsection (a) that will
further the goals of--
``(A) a Coastal Zone Management Plan or Program
approved under this title;
``(B) a National Estuarine Research Reserve
management plan; or
``(C) a regional or State watershed protection or
management plan involving coastal states with approved
coastal zone management plans.
``(2) Limitation to acquisition from willing sellers.--
Property acquisition funded in whole or in part using a grant
received under this subsection shall be limited to acquisition
from willing sellers.
``(d) Grant Process.--The Secretary shall allocate funds to coastal
states or National Estuarine Research Reserves under this section
through a competitive grant process in accordance with guidelines that
meet the following requirements:
``(1) The Secretary shall consult with coastal states
coastal zone management programs, National Estuarine Research
Reserve in coastal states, and the lead agencies designated by
Governors of coastal states for coordinating the establishment
and implementation of this title (if different from the coastal
zone management program of a State).
``(2) Each participating coastal state shall identify
priority conservation needs within the State, the values to be
protected by inclusion of lands of the Program, and the threats
to those values that should be avoided.
``(3) Each participating coastal state shall evaluate how
the acquisition of property or easements might impact working
waterfront needs.
``(4) Applicants shall identify the values to be protected
by inclusion of land in the Program, management activities that
are planned and the manner in which they may affect the values
identified, and any other information from landowners relevant
to administration and management of the land.
``(5) Awards shall be based on demonstrated need for
protection and ability to successfully leverage funds among
participating entities, including Federal programs, regional
organizations, State and other governmental units, landowners,
corporations, or private organizations.
``(6) An application must be determined to be consistent
with a coastal state's approved coastal zone plan, program, and
policies prior to submittal to the Secretary.
``(7) Priority shall be given to lands described in
subsection (a) that can be effectively managed and protected
and that have significant ecological or watershed protection
value.
``(8) In developing guidelines under this section, the
Secretary shall consult with other Federal agencies and
nongovernmental entities expert in land acquisition and
conservation procedures.
``(9) Eligible coastal states or National Estuarine
Research Reserves may allocate grants to local governments or
agencies eligible for assistance under section 306A(e) and may
acquire lands in cooperation with nongovernmental entities and
Federal agencies.
``(10) The Secretary shall develop performance measures
that will allow periodic evaluation of the Program's
effectiveness in meeting the purposes of this section and such
evaluation shall be reported to the Congress.
``(e) Matching Requirements.--
``(1) In general.--The Secretary may not make a grant under
the Program unless the grant funds are matched by non-Federal
funds in accordance with this subsection.
``(2) Maximum federal share.--
``(A) 75 percent federal funds.--No more than 75
percent of the funding for any project carried out with
a grant under this section shall be derived from
Federal sources, unless such requirement is
specifically waived by the Secretary under subparagraph
(B).
``(B) Waiver of requirement.--The Secretary may
grant a waiver of the limitation in subparagraph (A)
for underserved communities, for a community that has
an inability to draw on other sources of funding
because of the small population or low income of the
community, or for such other reasons, consistent with
the purposes of this title, as the Secretary considers
appropriate.
``(3) Other federal funds.--If a grant awarded under this
section represents only a portion of the total cost of a
project, funding from other Federal sources may be applied to
the cost of the project. Each portion shall be subject to
matching requirements under the applicable provision of law.
``(4) Source of matching funds.--For purposes of paragraph
(2)(A), the non-Federal match for a project may be determined
by taking into account the following:
``(A) The value of land or a conservation easement
may be used as the non-Federal match if the land or
easement are identified in project plans and acquired
within 3 years prior to the submission of the project
application or after the submission of a project
application until the project grant is closed (not to
exceed 3 years). The appraised value of the land or
easement at the time of project closing will be
considered the non-Federal match.
``(B) Costs associated with land acquisition, land
management planning, remediation, restoration, and
enhancement may be used as non-Federal match if the
activities are identified in the plan and expenses are
incurred within the period of the grant award. These
costs may include either case or in-kind contributions.
``(f) Regional Watershed Demonstration Project.--The Secretary may
provide up to $5,000,000 for a regional watershed protection
demonstration project that will meet the requirements of this section,
and--
``(1) leverages land acquisition funding from other Federal
land conservation or acquisition programs such that other
Federal contributions, at a minimum, equal the amounts provided
by the Secretary;
``(2) involves partnerships from a broad spectrum of
Federal, State, and non-governmental entities;
``(3) provides for the creation of conservation corridors
and preservation of unique coastal habitat;
``(4) protects largely unfragmented habitat under imminent
threat of development or conversion;
``(5) enhances the network of protected areas established
for long-term research, education, and stewardship under the
National Estuarine Research Reserve program; and
``(6) provides a model for future regional watershed
protection projects.
``(g) Reservation of Funds for National Estuarine Research Reserve
Sites.--No less than 15 percent of funds made available under this
section shall be available for acquisitions benefiting National
Estuarine Research Reserve acquisitions.
``(h) Limit on Administrative Costs.--No more than 5 percent of the
funds made available to the Secretary under this section shall be used
by the Secretary for planning or administration of the Program. The
Secretary shall provide a report to the Congress with an account of all
expenditures under the Program for fiscal year 2007, fiscal year 2008,
and triennially thereafter.
``(i) Title and Management of Acquired Property.--
``(1) In general.--If any property is acquired in whole or
in part with funds made available through a grant under this
section, the grant recipient shall provide such assurances as
the Secretary may require that--
``(A) the title to the property will be held by the
grant recipient or another appropriate public agency
designated by the recipient in perpetuity;
``(B) the property will be managed in a manner that
is consistent with the purposes for which the land
entered into the Program and shall not convert such
property to other uses; and
``(C) if the property or interest in land is sold,
exchanged, or divested, funds equal to the correct
value will be returned to the Secretary, for re-
distribution in the grant process.
``(2) Conservation easement.--In this subsection, the term
`conservation easement' includes an easement, recorded deed, or
interest deed where the grantee acquires all rights, title, and
interest in a property, that do not conflict with the goals of
this title except those rights, title, and interests that may
run with the land that are expressly reserved by a grantor and
are agreed to at the time of purchase.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
``(1) $60,000,000 for each of fiscal years 2007 through
2011 to carry out this section (other than subsection (f)), to
remain available without fiscal year limitation; and
``(2) $5,000,000 for fiscal year 2007 to carry out
subsection (f), to remain available without fiscal year
limitation.''.
SEC. 4. ASSISTANCE FROM OTHER AGENCIES.
Section 310(a) of the Coastal Zone Management Act of 1972 (16
U.S.C. 1456c(a)) is amended by striking ``any qualified person for the
purposes of carrying out this subsection.'' and inserting ``any other
Federal agencies (including interagency financing of Coastal America
activities) and any other qualified person for the purposes of carrying
out this section.''. | Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to direct the Secretary of Commerce to establish a Coastal and Estuarine Land Conservation Program to ascertain and protect the environmental integrity of important coastal and estuarine areas. Directs the Secretary to make program grants to coastal states with approved coastal zone management plans to assist such states to acquire coastal and estuarine property. Limits grant funding from federal sources to 75 percent, unless the Secretary waives such limitation. Authorizes the Secretary to provide $5 million for a regional watershed protection demonstration project that: (1) leverages land acquisition funding from other federal conservation or acquisition programs; (2) involves partnerships with federal, state, and non-governmental entities; (3) creates conservation corridors; (4) protects habitats under imminent threat of development or conversion; (5) enhances protected areas under the National Estuarine Research Reserve program; and (6) provides a model for future regional watershed protection projects. Reserves 15 percent of program funds for acquisitions benefitting the National Estuarine Research Reserve. Allows the Secretary to enter into contracts or other arrangements with other federal agencies (including interagency financing of Coastal America activities) as well as any other qualified person for the purposes of carrying out technical assistance and research to support coastal zone management. | {"src": "billsum_train", "title": "To authorize the acquisition of land and interests in land to improve the conservation of, and to enhance the ecological values and functions of, coastal watersheds and estuarine areas to benefit both the environment and the economies of coastal communities, and for other purposes."} | 2,602 | 286 | 0.615805 | 1.75648 | 0.800489 | 4.284553 | 10.052846 | 0.918699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense of the Environment Act of
1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that provisions that reduce
protection of the environment have been included in legislation without
adequate consideration and an opportunity for Members to vote on the
provisions and have been included in major rules adopted by Federal
agencies without adequate analysis.
(b) Purpose.--The purposes of this Act are to--
(1) require Members of Congress to vote in House of
Representatives and the Senate on provisions included in
legislation that reduce protection of the environment; and
(2) require the Office of Management and Budget to ensure
that an adequate analysis is conducted for provisions included
in major rules that reduce protection of the environment.
SEC. 3. APPLICABLE PROVISIONS.
(a) In General.--This Act shall apply to any provision in a bill,
joint resolution, amendment, or conference report before Congress, or
in any major rule, that reduces protection of the environment.
(b) Provisions Reducing Protection.--A provision shall be
considered to reduce protection of the environment if the provision
meets the criteria of one or more of the following paragraphs:
(1) Defense of clean air and water.--The provision may
allow increased pollution of ambient air, indoor air, surface
water, ground water, the oceans, or other terrestrial or
aquatic resources.
(2) Defense of national parks and public lands.--The
provision may--
(A) cause adverse impacts on the environmental
quality of national parks or other public lands,
including the effect of decreasing the quantity or
quality of outdoor educational or recreational
opportunities on such lands; or
(B) diminish protection of species that may be
endangered.
(3) Defense of children's environmental health.--The
provision may increase children's exposure to environmental
contaminants and other environmental risks.
(c) Other Provisions.--A provision shall also be considered to
reduce protection of the environment if the provision may have the
effect of shielding any violators of environmental laws from penalties
or limiting judicial review of agency action under the authority of any
environmental law.
(d) Baseline for Effects.--The baseline for determining the effects
of a provision described in subsection (b) or (c) shall be the
circumstances that would exist if the provision were not enacted.
SEC. 4. DUTIES OF CONGRESSIONAL COMMITTEES.
(a) In General.--When a committee of the House of Representatives
or Senate or a committee of conference reports a bill or joint
resolution of public character that includes any provision that reduces
protection of the environment, the report of the committee accompanying
the bill or joint resolution (or the statement of managers accompanying
the conference report) shall contain each of the following:
(1) An identification and description of any provision in
the bill or joint resolution or conference report that reduces
protection of the environment.
(2) A qualitative and, if practicable, a quantitative
assessment of the extent of the reduction in protection of the
environment.
(3) A description of the actions, if any, taken by the
committee to avoid the reduction in protection of the
environment.
(4) Any statement received under section 5.
SEC. 5. DUTIES OF THE COMPTROLLER GENERAL.
(a) Statement.--For each bill or joint resolution of a public
character reported by any committee of the House of Representatives or
the Senate, and for each report by a committee of conference, the
Comptroller General of the United States, upon a request of the
committee or a majority of the members of the minority party or
majority party of the committee, shall, prior to the filing of the
report, prepare and submit to the committee a statement assessing the
extent to which the provisions of the bill, joint resolution, or
conference report reduce protection of the environment.
(b) Assistance to Committees and Studies.--At the request of any
committee of the Senate or the House of Representatives, the
Comptroller General shall, to the extent practicable, consult with and
assist such committee in assessing the extent to which the provisions
of a bill, joint resolution, or conference report reduce the protection
of the environment.
SEC. 6. DUTIES OF OFFICE OF MANAGEMENT AND BUDGET.
(a) In General.--The Director of the Office of Management and
Budget shall ensure that, before proposing or promulgating any major
rule, the department or agency of the United States responsible for
such rule has conducted an analysis that contains each of the
following:
(1) An identification and description of any provision in
the rule that reduces protection of the environment.
(2) A qualitative and, if practicable, a quantitative
assessment of the extent of the reduction in protection of the
environment.
(3) A description of the actions, if any, taken by the
department or agency to avoid the reduction in protection of
the environment.
(b) Notice.--In proposing or promulgating any major rule, the
department or agency of the United States responsible for such rule
shall include in the Federal Register, together with notice of such
proposal or promulgation, a detailed summary of the analysis conducted
under subsection (a).
(c) Definition of Major Rule.--For purposes of this section the
term ``major rule'' shall have the same meaning as when used in
Executive Order No. 12866.
SEC. 7. LEGISLATION SUBJECT TO POINT OF ORDER.
(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
or conference report that is reported by a committee unless the
committee has complied with section 4.
(b) Procedure in the House of Representatives.--It shall not be in
order in the House of Representatives to consider a rule or order that
waives the application of subsection (a).
SEC. 8. DEBATE ON PROVISIONS REDUCING PROTECTION.
(a) Amendment of House Rules.--Rule XVI of the Rules of the House
of Representatives is amended by adding at the end the following:
``(11) Notwithstanding the adoption of any rule or motion to limit
or close debate it shall always be in order, as question of high
privilege, to move to strike from any bill, joint resolution, or
amendment any provision that reduces protection of the environment
(within the meaning of section 3 of the Defense of the Environment Act
of 1997). Such motion shall take precedence over a motion for the
previous question on such bill, joint resolution, or amendment and it
shall be in order to debate any such motion for 40 minutes, one-half of
such time shall be given to debate in favor of, and one-half of such
times in opposition to, such motion.''.
(b) Vote in Senate.--Notwithstanding the adoption of any rule or
motion to limit or close debate it shall always be in order, as
question of high privilege in the Senate, to move to strike from any
bill, joint resolution, amendment, or conference report any provision
that reduces protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of 1997). Such motion
shall take precedence over a motion for the previous question on such
bill, joint resolution, amendment, or conference report, and it shall
be in order to debate any such motion for 40 minutes, one-half of such
time shall be given to debate in favor of, and one-half of such times
in opposition to, such motion.
(c) Conference Reports and Senate Amendments.--
(1) Conference reports.--Clause (4) of Rule XXVIII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter has
been offered as an amendment in the House'' by
inserting ``or containing any provision that reduces
protection of the environment (within the meaning of
section 3 of the Defense of the Environment Act of
1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(2) Senate amendments.--Clause (5) of Rule XXVII of the
Rules of the House of Representatives is amended as follows:
(A) In subsection (a) after ``if such matter had
been offered as an amendment in the House'' by
inserting ``or that reduces protection of the
environment (within the meaning of section 3 of the
Defense of the Environment Act of 1997)''.
(B) In subsections (a), (b), and (c), by striking
out ``nongermane matter'' in each place it appears and
inserting ``matter or provision''.
(d) Exercise of Rulemaking Powers.--The provisions of this section
and sections 4 and 7 are enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of such House,
respectively, and such rules shall supersede other rules only
to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of each House.
SEC. 9. EFFECTIVE DATE.
This Act shall take effect on the date of enactment. | Defense of the Environment Act of 1997 - Requires any report of a congressional committee or committee of conference accompanying a public bill or joint resolution that includes any provision that reduces environmental protection to contain: (1) an identification and description of the provision; (2) an assessment of the extent of such reduction; (3) a description of any actions to avoid such reduction; and (4) any statement received from the Comptroller General, upon request of the committee or a majority of either the minority or majority members of the committee, assessing the reduction.
Deems a provision to reduce environmental protection if it may: (1) allow increased pollution; (2) adversely affect the environmental quality of public lands or diminish protection of species that may be endangered; (3) increase children's exposure to environmental contaminants and other environmental risks; or (4) have the effect of shielding environmental law violators or limiting judicial review of agency action under authority of any environmental law.
Provides for consultation and assistance of the Comptroller General at the request of any committee. Requires the Director of the Office of Management and Budget to ensure that, before proposing or promulgating any major rule, the responsible agency has conducted an analysis of any provision that reduces environmental protection.
Makes out of order in the House of Representatives and the Senate the consideration of any reported bill or joint resolution, or conference report, unless the committee has complied with the identification and assessment provisions of this Act. Makes any rule waiving these provisions out of order in the House.
Amends the Rules of the House of Representatives with respect to the consideration and striking of provisions reducing environmental protection within the meaning of this Act. Provides Senate procedures for the striking of such provisions. | {"src": "billsum_train", "title": "Defense of the Environment Act of 1997"} | 2,086 | 371 | 0.710614 | 2.235588 | 0.728456 | 3.285294 | 5.779412 | 0.944118 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business State Mandated Health
Insurance Assistance Act of 2003''.
SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES RELATED TO STATE
MANDATES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES RELATED TO STATE
MANDATES.
``(a) General Rule.--For purposes of section 38, in the case of a
qualified small employer, the employee health insurance expenses credit
determined under this section is an amount equal to 50 percent of the
amount paid by the taxpayer during the taxable year for qualified
employee health insurance expenses.
``(b) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed the maximum employer contribution for self-only coverage or
family coverage (as applicable) determined under section 8906(a) of
title 5, United States Code, for the calendar year in which such
taxable year begins.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Qualified small employer.--
``(A) In general.--The term `qualified small
employer' means any small employer which--
``(i) provides eligibility for health
insurance coverage (after any waiting period
(as defined in section 9801(b)(4))) to all
qualified employees of the employer, and
``(ii) operates in a State in which the
employer must provide such eligibility under
State law.
``(C) Small employer.--
``(i) In general.--For purposes of this
paragraph, the term `small employer' means,
with respect to any calendar year, any employer
if such employer employed an average of not
less than 2 and not more than 500 qualified
employees on business days during either of the
2 preceding calendar years. For purposes of the
preceding sentence, a preceding calendar year
may be taken into account only if the employer
was in existence throughout such year.
``(ii) Employers not in existence in
preceding year.--In the case of an employer
which was not in existence throughout the 1st
preceding calendar year, the determination
under clause (i) shall be based on the average
number of qualified employees that it is
reasonably expected such employer will employ
on business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
paragraph (1) of section 9832(b) (determined by
disregarding the last sentence of paragraph (2) of such
section).
``(3) Qualified employee.--The term `qualified employee'
means an employee of an employer who, with respect to any
period, provides services to such employer in a State described
in paragraph (1)(A)(ii) and is not provided health insurance
coverage under--
``(A) a health plan of the employee's spouse,
``(B) title XVIII, XIX, or XXI of the Social
Security Act,
``(C) chapter 17 of title 38, United States Code,
``(D) chapter 55 of title 10, United States Code,
``(E) chapter 89 of title 5, United States Code, or
``(F) any other provision of law.
``(4) Employee--The term `employee'--
``(A) means any individual, with respect to any
calendar year, who is reasonably expected to receive at
least $5,000 of compensation from the employer during
such year,
``(B) does not include an employee within the
meaning of section 401(c)(1), and
``(C) includes a leased employee within the meaning
of section 414(n).
``(5) Compensation.--The term `compensation' means amounts
described in section 6051(a)(3).
``(d) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(e) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''.
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (14),
by striking the period at the end of paragraph (15) and inserting ``,
plus'', and by adding at the end the following:
``(16) the employee health insurance expenses credit
determined under section 45G.''.
(c) Credit Allowed Against Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 (relating to limitation based on
amount of tax) is amended by redesignating paragraph (4) as
paragraph (5) and by inserting after paragraph (3) the
following new paragraph:
``(4) Special rules for employee health insurance credit.--
``(A) In general.--In the case of the employee
health insurance credit--
``(i) this section and section 39 shall be
applied separately with respect to the credit,
and
``(ii) in applying paragraph (1) to the
credit--
``(I) the amounts in subparagraphs
(A) and (B) thereof shall be treated as
being zero, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the employee
health insurance credit).
``(B) Employee health insurance credit.--For
purposes of this subsection, the term `employee health
insurance credit' means the credit allowable under
subsection (a) by reason of section 45G(a).''.
(2) Conforming amendments.--Subclause (II) of section
38(c)(2)(A)(ii) and subclause (II) of section 38(c)(3)(A)(ii)
are each amended by inserting ``or the employee health
insurance credit'' after ``employee credit''.
(d) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(11) No carryback of section 45g credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45G may be carried
back to a taxable year ending before the date of the enactment
of section 45G.''.
(e) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45G. Employee health insurance
expenses related to State
mandates.''.
(f) Employer Outreach.--The Internal Revenue Service shall, in
conjunction with the Small Business Administration, develop materials
and implement an educational program to ensure that business personnel
are aware of--
(1) the eligibility criteria for the tax credit provided
under section 45G of the Internal Revenue Code of 1986 (as
added by this section),
(2) the methods to be used in calculating such credit, and
(3) the documentation needed in order to claim such credit,
so that the maximum number of eligible businesses may claim the tax
credit.
(g) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act. | Small Business State Mandated Health Insurance Assistance Act of 2003 - Amends the Internal Revenue Code to establish, in the case of a qualified small employer, a limited employee health insurance expenses credit. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a tax credit for small employer-based health insurance coverage in States in which such coverage is mandated, and for other purposes."} | 1,933 | 43 | 0.592915 | 1.252188 | 0.372907 | 4.083333 | 48.416667 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home and Farm Wind Energy Systems
Act of 2006''.
SEC. 2. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN RESIDENCES AND
BUSINESSES.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 30A the following new section:
``SEC. 30E. WIND ENERGY PROPERTY.
``(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 30 percent (10 percent after December 31, 2015) of the amount
paid or incurred by the taxpayer for qualified wind energy property
placed in service or installed during such taxable year.
``(b) Limitation.--No credit shall be allowed under subsection (a)
unless at least 50 percent of the energy produced annually by the
qualified wind energy property is consumed on the site on which the
property is placed in service or installed.
``(c) Qualified Wind Energy Property.--For purposes of this
section, the term `qualified wind energy property' means a qualifying
wind turbine if--
``(1) such turbine is placed in service or installed on or
in connection with property located in the United States,
``(2) in the case of an individual, the property on or in
connection with which such turbine is installed is a dwelling
unit which is located in the United States,
``(3) the original use of such turbine commences with the
taxpayer, and
``(4) such turbine carries at least a 5-year limited
warranty covering defects in design, material, or workmanship,
and, for property that is not installed by the taxpayer, at
least a 5-year limited warranty covering defects in
installation.
``(d) Other Definitions.--For purposes of this section--
``(1) Qualifying wind turbine.--The term `qualifying wind
turbine' means a wind turbine of 100 kilowatts of rated
capacity or less which meets the latest performance rating
standards published by the American Wind Energy Association and
which is used to generate electricity.
``(2) Principal residence.--The term `principal residence'
shall have the same meaning as when used in section 121.
``(e) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
part (other than under this section and subpart C
thereof, relating to refundable credits) and section
1397E.
``(2) Carryover of unused credit.--If the credit allowable
under subsection (a) exceeds the limitation imposed by
paragraph (1) for such taxable year, such excess shall be
carried to the succeeding taxable year and added to the credit
allowable under subsection (a) for such taxable year.
``(f) Special Rules.--For purposes of this section--
``(1) Tenant-stockholder in cooperative housing
corporation.--In the case of an individual who is a tenant-
stockholder (as defined in section 216(b)(2)) in a cooperative
housing corporation (as defined in section 216(b)(1)), such
individual shall be treated as having paid his tenant-
stockholder's proportionate share (as defined in section
216(b)(3)) of any expenditures paid or incurred for qualified
wind energy property by such corporation, and such credit shall
be allocated appropriately to such individual.
``(2) Condominiums.--
``(A) In general.--In the case of an individual who
is a member of a condominium management association
with respect to a condominium which he owns, such
individual shall be treated as having paid his
proportionate share of expenditures paid or incurred
for qualified wind energy property by such association,
and such credit shall be allocated appropriately to
such individual.
``(B) Condominium management association.--For
purposes of this paragraph, the term `condominium
management association' means an organization which
meets the requirements of section 528(c)(2) with
respect to a condominium project of which substantially
all of the units are used by individuals as residences.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section for any expenditure with respect to a
residence or other property, the basis of such residence or other
property shall be reduced by the amount of the credit so allowed.
``(h) Application of Credit.--The credit allowed under this section
shall apply to property placed in service or installed after December
31, 2005.''.
(b) Conforming Amendment.--Subsection (a) of section 1016 of such
Code (relating to general rule for adjustments to basis) 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) in the case of a residence or other property with
respect to which a credit was allowed under section 30E, to the
extent provided in section 30E(g).''.
(c) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 30D the following new
item:
``Sec. 30E. Wind energy property.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2005. | Home and Farm Wind Energy Systems Act of 2006 - Amends the Internal Revenue Code to allow a tax credit for 30% (10% after December 31, 2015) of the cost of installing qualified wind energy property. Defines "qualified wind energy property" as an electricity-generating wind turbine of 100 kilowatts of rated capacity or less which is installed in a dwelling unit or other property located in the United States and which meets the latest rating standards published by the American Wind Energy Association. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide credits for individuals and businesses for the installation of certain wind energy property."} | 1,315 | 105 | 0.645025 | 1.551005 | 1.382166 | 3.914894 | 12.553191 | 0.893617 |
SECTION 1. CREDIT FOR CHARITABLE CONTRIBUTIONS TO CERTAIN PRIVATE
CHARITIES PROVIDING ASSISTANCE TO THE POOR.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 22 the
following new section:
``SEC. 23. CREDIT FOR CERTAIN CHARITABLE CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this chapter for the
taxable year an amount equal to the qualified charitable contributions
which are paid by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed by subsection (a) for the
taxable year shall not exceed $100 ($200 in the case of a joint
return).
``(c) Qualified Charitable Contribution.--For purposes of this
section, the term `qualified charitable contribution' means any
charitable contribution (as defined in section 170(c)) made in cash to
a qualified charity but only if the amount of each such contribution,
and the recipient thereof, are identified on the return for the taxable
year during which such contribution is made.
``(d) Qualified Charity.--
``(1) In general.--For purposes of this section, the term
`qualified charity' means, with respect to the taxpayer, any
organization described in section 501(c)(3) and exempt from tax
under section 501(a)--
``(A) which is certified by the Secretary as
meeting the requirements of paragraphs (2) and (3),
``(B) which is organized under the laws of the
United States or of any State in which the organization
is qualified to operate, and
``(C) which is required, or elects to be treated as
being required, to file returns under section 6033.
``(2) Charity must primarily assist the poor.--An
organization meets the requirements of this paragraph only if
the predominant activity of such organization is the provision
of services to individuals whose annual incomes generally do
not exceed 150 percent of the official poverty line (as defined
by the Office of Management and Budget).
``(3) Minimum expenditure requirement.--
``(A) In general.--An organization meets the
requirements of this paragraph only if the Secretary
reasonably expects that the annual exempt purpose
expenditures of such organization will not be less than
70 percent of the annual aggregate expenditures of such
organization.
``(B) Exempt purpose expenditure.--For purposes of
subparagraph (A)--
``(i) In general.--The term `exempt purpose
expenditure' means any expenditure to carry out
the activity referred to in paragraph (2).
``(ii) Exceptions.--Such term shall not
include--
``(I) any administrative expense,
``(II) any expense for the purpose
of influencing legislation (as defined
in section 4911(d)),
``(III) any expense primarily for
the purpose of fundraising, and
``(IV) any expense for litigation
on behalf of any individual referred to
in paragraph (2).
``(e) Time When Contributions Deemed Made.--For purposes of this
section, at the election of the taxpayer, a contribution which is made
not later than the time prescribed by law for filing the return for the
taxable year (not including extensions thereof) shall be treated as
made on the last day of such taxable year.
``(f) Coordination With Deduction for Charitable Contributions.--
``(1) Credit in lieu of deduction.--The credit provided by
subsection (a) for any qualified charitable contribution shall
be in lieu of any deduction otherwise allowable under this
chapter for such contribution.
``(2) Election to have section not apply.--A taxpayer may
elect for any taxable year to have this section not apply.''
(b) Qualified Charities Required To Provide Copies of Annual
Return.--Subsection (e) of section 6104 of such Code (relating to
public inspection of certain annual returns and applications for
exemption) is amended by adding at the end the following new paragraph:
``(3) Charities receiving creditable contributions required
to provide copies of annual return.--
``(A) In general.--Every qualified charity (as
defined in section 23(d)) shall, upon request of an
individual made at an office where such organization's
annual return filed under section 6033 is required
under paragraph (1) to be available for inspection,
provide a copy of such return to such individual
without charge other than a reasonable fee for any
reproduction and mailing costs. If the request is made
in person, such copies shall be provided immediately
and, if made other than in person, shall be provided
within 30 days.
``(B) Period of availability.--Subparagraph (A)
shall apply only during the 3-year period beginning on
the filing date (as defined in paragraph (1)(D) of the
return requested).''
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 22 the following new item:
``Sec. 23. Credit for certain charitable
contributions.''
(d) Effective Date.--The amendments made by this section shall
apply to contributions made after the 90th day after the date of the
enactment of this Act in taxable years ending after such date.
SEC. 2. REPEAL OF CERTAIN CHANGES MADE IN THE EARNED INCOME CREDIT.
(a) Repeal of Credit for Individuals Without Children.--
Subparagraph (A) of section 32(c)(1) of the Internal Revenue Code of
1986 (defining eligible individual) is amended to read as follows:
``(A) In general.--The term `eligible individual'
means any individual who has a qualifying child for the
taxable year.''
(b) Repeal of Increases in Amount of Credit.--
(1) Subsection (b) of section 32 of such Code is amended to
read as follows:
``(b) Percentages.--
``(1) In general.--The credit percentage and the phaseout
percentage shall be determined as follows:
``In the case of an eligible individual with: The credit percentage is: The phaseout percentage is:
1 qualifying child............................. 34............................ 15.98
2 or more qualifying children.................. 36............................ 20.22
``(2) Amounts.--The earned income amount and the phaseout
amount shall be determined as follows:
``In the case of an eligible individual with: The earned income amount is: The phaseout amount is:
1 qualifying child............................. $6,000........................ $11,000
2 or more qualifying children.................. $8,425........................ $11,000.''
(2) Paragraph (1) of section 32(i) of such Code is amended
by striking ``subsection (b)(2)(A)'' and inserting ``subsection
(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995, except that
adjustments shall be made under section 32(i) of the Internal Revenue
Code of 1986 to the section 32(b)(2) of such Code (as amended by this
section) for such taxable years. | Amends the Internal Revenue Code to permit an individual income tax credit of up to $100 ($200 for a joint return) of the value of certain charitable contributions to any tax-exempt, U.S. organization that spends at least 70 percent of aggregate expenditures assisting the poor. Requires that: (1) taxpayers identify each such contribution and the recipient on the individual's tax return; and (2) such charities provide copies of their annual return to such individuals upon request.
Repeals the earned income credit for individuals without children, as well as certain increases in such credit for individuals with children. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a credit for charitable contributions, and for other purposes."} | 1,660 | 127 | 0.527878 | 1.27452 | 0.575744 | 1.923729 | 12.576271 | 0.872881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Making Pharmaceutical Markets More
Competitive Act''.
TITLE I--REMOVING REGULATORY BARRIERS TO COMPETITION
SEC. 101. IMPROVING ACCESS TO GENERIC DRUGS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) is amended by adding at the end the following:
``(11)(A) The Secretary shall prioritize the review of, and act
within 240 calendar days of the date of the submission of, an original
abbreviated new drug application submitted for review under this
subsection, or on a supplement to such an application, that is for a
drug--
``(i) for which there are not more than 3 approved drugs
listed under paragraph (7), except that the review of an
application submitted more than 30 months in advance of the
last applicable expiration date for a patent for which a
certification under paragraph (2)(A)(vii)(III) has been
submitted, or of the expiration date for an applicable period
of exclusivity under this Act, will not be expedited; or
``(ii) that has been included on the list under section
506E.
``(B) The Secretary shall require the applicant, not later than 60
days prior to the submission of an application described in
subparagraph (A), to provide complete, accurate information regarding
facilities involved in manufacturing processes and testing, including
facilities in corresponding Type II active pharmaceutical ingredients
drug master files submitted with an application and sites or
organizations involved in bioequivalence and clinical studies used to
support the application, in order to make a determination regarding
whether an inspection of an establishment is necessary.
``(C) The Secretary may expedite an inspection or reinspection
under section 704 of an establishment that proposes to manufacture a
drug described in subparagraph (A).
``(D) Nothing in this paragraph shall prevent the Secretary from
prioritizing the review of other applications as the Secretary
determines appropriate.
``(12) The Secretary shall provide review status updates to
applicants regarding applications under this subsection, as
appropriate, including when the application is awaiting final
regulatory action by the office charged with review.
``(13) The Secretary shall publish on the Internet website of the
Food and Drug Administration a list of all drugs approved under
subsection (b) for which all patents and periods of exclusivity under
this Act have expired. Such list shall be updated at least once every
180 days.''.
SEC. 102. REPORTING ON PENDING GENERIC DRUG APPLICATIONS, PRIORITY
REVIEW APPLICATIONS, AND INSPECTIONS.
(a) In General.--Not later than 180 calendar days after the date of
enactment of this Act, and quarterly thereafter until October 1, 2022,
the Secretary of Health and Human Services (referred to in this section
as the ``Secretary'') shall post on the Internet website of the Food
and Drug Administration a report that provides--
(1) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the applicant, including such applications
that were filed prior to October 1, 2014;
(2) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
awaiting action by the Secretary, including such applications
that were filed prior to October 1, 2014;
(3) the number of applications filed under section 505(j)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j))
and prior approval supplements withdrawn in each month covered
by the report;
(4) the mean and median approval and tentative approval
times for applications covered by the report;
(5) the number of applications described in paragraphs (1),
(2), and (3) that are subject to priority review; and
(6) the number of such applications on which the Secretary
has taken action pursuant to section 506H(b) of the Federal
Food, Drug, and Cosmetic Act, as added by section 101.
(b) Annual Report on Priority Review Applications.--
(1) In general.--The Secretary shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Special Committee on Aging of the Senate and the Committee on
Energy and Commerce of the House of Representatives an annual
report, not later than March 31 of each year, on the following:
(A) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the applicant.
(B) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and are awaiting
action by the Secretary.
(C) The number of applications filed under section
505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)) that are subject to priority review
during the most recent calendar year and have been
approved by the Secretary.
(D) For each of subparagraphs (A) through (C), the
number of such applications--
(i) for which there are not more than 3
approved drugs listed under section 505(j)(7)
of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(7)); and
(ii) the number of such applications that
are for a drug on the drug shortage list under
section 506E of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 356e).
(c) Annual Report on Inspections.--Not later than March 1 of each
year, the Secretary shall post on the Internet website of the Food and
Drug Administration--
(1) the average and median amount of time, following a
request by staff of the Food and Drug Administration reviewing
an application or report submitted under an applicable section
described in subparagraph (A), (B), or (C), to schedule and
complete inspections of facilities necessary for--
(A) approval of a drug under section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355);
(B) approval of a device under section 515 of such
Act (21 U.S.C. 360e); and
(C) clearance of a device under section 510(k) of
such Act (21 U.S.C. 360(k)); and
(2) the average and median amount of time to schedule and
complete for-cause inspections of facilities of drugs and
devices.
TITLE II--INCENTIVIZING COMPETITION
SEC. 201. EXPEDITING GENERIC COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506G the following:
``SEC. 506H. EXPEDITING GENERIC DRUG DEVELOPMENT.
``(a) In General.--The Secretary shall, at the request of an
applicant, expedite the development and review of an application under
subsection (j) of section 505 for a drug--
``(1) for which there are not more than 3 approved drug
products listed under section 505(j)(7); or
``(2) that is included on the list under section 506E.
``(b) Request From Sponsors.--A request to expedite the development
and review of an application under subsection (a) shall be submitted by
the applicant prior to the submission of such application.
``(c) Other Applications.--Nothing in this section shall prevent
the Secretary from expediting the development and review of other
applications as the Secretary determines appropriate.
``(d) Additional Communication.--The Secretary shall take such
actions as are appropriate to expedite the development and review of
the application for approval of a drug described in subsection (a),
including, as appropriate--
``(1) holding meetings with the sponsor and the review team
throughout the development of the drug prior to submission of
the application;
``(2) providing timely advice to, and interactive
communication with, the sponsor regarding the development of
the application to ensure that the collection of nonclinical
and clinical data necessary for approval is as efficient as
practicable;
``(3) in the case of a complex product, assigning a cross-
disciplinary project lead for the review team to facilitate an
efficient review of the development program and application,
including manufacturing inspections; and
``(4) in the case of a complex product, including drug-
device combinations, involving senior managers and experienced
review staff, as appropriate, in a collaborative, cross-
disciplinary review.
``(e) Reporting Requirement.--A sponsor of a drug expedited under
this section shall report to the Secretary, one year following approval
of an application under section 505(j), on whether the approved drug
has been marketed in interstate commerce since approval.''.
SEC. 202. LIST OF GENERIC DRUGS WITH LIMITED COMPETITION.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 506H, as added by
section 201, the following:
``SEC. 506I. DRUG LISTING.
``(a) Removal, Withdrawal, or Transfer.--The holder of an
application approved under subsection (b) or (j) of section 505 shall
notify the Secretary within 180 days of removing the drug that is the
subject of such application from interstate commerce, withdrawing such
approved application, or transferring such approved application, and a
reason for such removal, withdrawal, or transfer. If compliance with
this subsection within such 180-day period is not practicable, then the
holder shall comply as soon as practicable. The Secretary shall cross-
reference information listed pursuant to section 506C where applicable
to avoid duplicative reporting. Notification to the Secretary by a
manufacturer in accordance with section 506C(a) shall be deemed to be
compliance with this section.
``(b) Drugs With Limited Competition.--
``(1) Information.--The Secretary shall--
``(A) maintain information with respect to
applications approved under section 505(j); and
``(B) publish on the Internet website of the Food
and Drug Administration such information under
subparagraph (A) with respect to drugs for which there
are three or fewer application holders; and
``(C) update the information published pursuant to
subparagraph (B) every 180 days.
``(2) Contents.--The public information maintained and
published under paragraph (1)(B) shall include--
``(A) the name of the drug, name of the holder of
the approved application, and the marketing status for
each drug; and
``(B) an indication of whether the Secretary
considers the drug to be for the treatment or
prevention of a serious disease or medical condition,
for which there is no alternative drug that is judged
by medical professionals to be an adequate substitute
available in adequate supply.
``(c) Public Health Exception.--The Secretary may choose not to
make information collected under this section publicly available if the
Secretary determines that disclosure of such information would
adversely affect the public health.
``(d) Notification.--When the Secretary first publishes the
information under subsection (b), the Secretary shall notify relevant
Federal agencies, including the Centers for Medicare & Medicaid
Services and the Federal Trade Commission, that the information has
been published and will be updated regularly.''.
SEC. 203. SUITABILITY PETITIONS.
(a) In General.--It is the sense of the Senate that the Food and
Drug Administration shall meet the requirement under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(5)(C)) and section 314.93(e) of title 21, Code of Federal
Regulations, of responding to suitability petitions within 90 days of
submission.
(b) Report.--The Secretary of Health and Human Services shall
include in the annual reports under section 102(b)--
(1) the number of pending petitions under section
505(j)(2)(C) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)(5)(C)); and
(2) the number of such petitions pending a substantive
response for more than 180 days from the date of receipt.
SEC. 204. INSPECTIONS.
Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(j)), as amended by section 101, is further amended by adding
at the end the following:
``(14) If the Secretary issues feedback pursuant to section
704(b)(2) with respect to information submitted in response to a report
under section 704(b)(1), and a report that was issued under section
704(b)(1) is the only obstacle to approval of an application under this
subsection or the Secretary determines that the public health benefit
of approving an application under this subsection outweighs any risk to
public health, the Secretary shall, within 45 days of notification by
the applicant that necessary changes have been made to the
establishment to address any findings or deficiencies identified
previously by the Secretary--
``(A) re-inspect the establishment with respect to which
the report was issued; or
``(B) make a determination regarding the response to such
report and review of such application.''. | Making Pharmaceutical Markets More Competitive Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of generic drug applications and supplements with respect to drugs that are in a shortage or for which there are not more than three approved drugs. The holder of an approved drug application must notify the FDA within 180 days of withdrawing or transferring the application or withdrawing the drug from sale. The FDA must maintain a list of generic drugs with three or fewer holders of approved applications. | {"src": "billsum_train", "title": "Making Pharmaceutical Markets More Competitive Act"} | 3,075 | 137 | 0.500519 | 1.347341 | 0.751434 | 2.970297 | 27.059406 | 0.891089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fellowships for Undergraduate
Training and Useful Research in Energy-related Science, Technology,
Engineering, and Mathematics fields Act'' or ``FUTURE STEM Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) STEM.--The term ``STEM'' has the meaning given to that
term in section 2 of the America COMPETES Reauthorization Act
of 2010.
(2) E3.--The term ``E3'' means the academic and
professional area of technological development encompassing the
fields of energy, environment, and economy.
SEC. 3. FELLOWSHIPS FOR STEM PROJECTS WITH PREFERENCE TO E3.
(a) Establishment.--The Secretary of Energy shall establish an
undergraduate student fellowships pilot program to award competitive
grants to partner institutions to provide work experience in STEM
fields that will overall improve education and training in support of
STEM fields. Grants under this section may be used for--
(1) employing eligible students for 10-week research
fellowships with partner institutions;
(2) approved travel and housing expenses for student
fellows;
(3) purchasing, renting, or leasing of equipment,
instrumentation, and other educational and training materials
needed to satisfy the student research fellowships;
(4) supporting outreach efforts to recruit students;
(5) encouraging collaboration between government, industry,
and academic partners; and
(6) assessing the activities funded under this Act.
(b) Partners.--Grants awarded under subsection (a) shall be to a
partner institution that--
(1) is a 2-year degree granting institution of higher
education offering an associate degree in a STEM field;
(2) is a 4-year degree granting institution of higher
education;
(3) is a business, nonprofit organization, or labor
organization; or
(4) is a State educational agency, other public agency, or
National Laboratory.
(c) Preference.--The Secretary of Energy shall give preference to
awarding grants under this section to partner institutions--
(1) whose proposal incorporates E3 concepts;
(2) whose proposal includes student work experience with
emphasis on research;
(3) who demonstrate that they will employ students from
groups that have been historically underrepresented in STEM
fields; and
(4) who can demonstrate the likely long-term stability of
the program without continued Federal funding.
(d) Eligibility.--A student is eligible for employment under
subsection (a) if the student--
(1) is at least 18 years of age on the date of submission
of the grant application and--
(A) is a high school student who has been
officially accepted to begin undergraduate studies at
least half-time within 6 months of high school
graduation; or
(B) is enrolled as an undergraduate student at
least half-time at a degree granting institution;
(2) in the case of a student described in paragraph (1)(B),
has achieved at a minimum a 3.0 undergraduate cumulative grade
point average; and
(3) is a citizen or permanent resident of the United
States.
(e) Student Allowances.--An eligible undergraduate student employed
using grant funds awarded under subsection (a) shall receive--
(1) $4,500 direct salary stipend; and
(2) reimbursement up to $2,000 for approved housing and
travel expenses.
(f) Diversity of Subject Matter.--The Secretary of Energy shall
ensure that, to the extent possible, grants are provided under this Act
for projects representing a wide diversity of STEM fields.
(g) Limitation.--No single grant under subsection (a) may be made
in an amount greater than $10,000 per year.
(h) Public Information.--The Secretary of Energy shall make
publicly available all planning documents and other materials related
to a project supported by a grant made under this Act.
(i) Project Reports.--The Secretary of Energy shall require grant
recipients under subsection (a) to submit a report to the Secretary,
not later than 1 year after receiving the grant, on the results of the
project supported by the grant. Each such report shall include an
assessment of which elements of the project supported with the grant
were successful and which were not, along with an identification and
analysis of improvements that could have made the project more
successful. The Secretary shall make all reports submitted under this
subsection available to the public.
SEC. 4. REPORT.
The Secretary of Energy shall evaluate the effectiveness of
activities carried out under this Act. A report documenting the results
of that evaluation shall be submitted to the Committee on Education and
the Workforce and the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources and
the Committee on Health, Education, Labor, and Pensions of the Senate
not later than 5 years after the date of enactment of this Act. The
report shall identify best practices and materials developed and
demonstrated by partners awarded a grant.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act--
(1) $250,000 for fiscal year 2012;
(2) $250,000 for fiscal year 2013;
(3) $250,000 for fiscal year 2014; and
(4) $250,000 for fiscal year 2015. | Fellowships for Undergraduate Training and Useful Research in Energy-related Science, Technology, Engineering, and Mathematics Fields Act or FUTURE STEM Act - Directs the Secretary of Energy (DOE) to establish an undergraduate student fellowships pilot program to award competitive grants to specified partner institutions to provide work experience in STEM (science, technology, engineering, and mathematics) fields that will improve overall education and training in support of STEM fields.
Allows such grants to be used to: (1) employ eligible students for 10-week research fellowships with partner institutions; (2) purchase, rent, or lease equipment, instrumentation, and other educational and training materials needed to satisfy such fellowships; (3) support outreach efforts to recruit students; and (4) encourage collaboration between government, industry, and academic partners.
Requires preference to be given in the awarding of such grants to partner institutions whose proposal incorporates E3 concepts. Defines "E3" as the academic and professional area of technological development encompassing the fields of energy, environment, and economy.
Requires the Secretary to evaluate the effectiveness of the activities carried out under this Act. | {"src": "billsum_train", "title": "To establish a program to provide student fellowships in fields of science, technology, engineering, and mathematics, with preference given to the study of technological development encompassing the fields of energy, environment, and economy."} | 1,089 | 235 | 0.742161 | 2.105016 | 1.038229 | 4.691244 | 4.953917 | 0.940092 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Arms Transfers
Accountability Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Congressional Research Service has estimated that
Belarus exported arms officially valued at $1,000,000,000
between 1999 and 2006, making it the eleventh largest exporter
of arms in the world.
(2) According to some reports the actual value of arms
exports by Belarus may exceed such totals, since public
agreements for arms sales by Belarus may not include secret
agreements made by officials of the Government of Belarus and
its state-owned entities. In a report to Congress in March
2006, the Department of State reported that ``. . . many arms
sales [from Belarus] are made without consideration by relevant
security organs of the Belarusian government''.
(3) In a report to Congress in March 2006, submitted in
accordance with the Belarus Democracy Act of 2004 (Public Law
108-347), the Department of State reported the following:
(A) ``Belarus has continued to export significant
quantities of defense articles, dual-use items and
other military equipment and technology.''.
(B) ``There have been numerous reports of
Belarusian sales or delivery of weapons or weapons-
related technologies to states of concern, including
state sponsors of terrorism.''.
(C) ``There are signs that Belarusian authorities
are undertaking efforts to expand relations with some
countries of concern.''.
(4) According to published reports, Belarus has been a
significant supplier of rockets, mortars, antitank weapons, and
mines to Palestinian extremist groups and to state sponsors of
terrorism, such as Iran and Syria, as well as Mi-24
helicopters, artillery systems and Russian-origin armored
combat vehicles to the Government of Sudan, tanks to the
communist regime in North Korea, and military aircraft and
aircraft engines to Iran.
(5) In April and September 2004, the United States imposed
sanctions on the Belarusian entity ``Belvneshpromservice''
pursuant to the Iran Nonproliferation Act of 2000 (Public Law
106-178) based on its transfer to Iran of items having the
potential of making a material contribution to weapons of mass
destruction or cruise or ballistic missile systems.
(6) In May 2005, the Belarusian parliament ratified a
security agreement with Iran, after an earlier visit to Belarus
by the then-leader of Iran, Mohammed Khatami, during whose
visit Belarusian regime leader Aleksandr Lukashenko stated that
Belarus was ready to cooperate with Iran ``in all directions''.
(7) Speaking with regard to arms sales to Syria, Aleksandr
Lukashenko reportedly stated ``No matter how severely we are
admonished for it, we will continue to help Syria militarily
because they have promised to help us in the same way.''.
(8) Venezuelan leader Hugo Chavez maintains strong
relationships with Iran, Cuba, Sudan, and Syria, all states
designated by the United States as state sponsors of terrorism.
(9) In May 2006 and each year since, the Department of
State has determined that Venezuela is not cooperating fully
with United States anti-terrorism efforts.
(10) In the summer of 2006, Venezuela's ambassador to Cuba
visited Belarus and described the United States as a ``common
enemy'' and Hugo Chavez made an official visit to Belarus.
(11) Subsequently, in September 2006, it was reported that
Belarus and Venezuela announced that a proposed military
contract between the two countries in the amount of
$1,000,000,000 was under consideration.
(12) While Belarus possessed large stockpiles of weapons
inherited from the former Soviet regime, questions have been
raised as to whether such stockpiles still remain the source of
much of the weaponry exported by Belarus, eighteen years later,
or have instead been largely exhausted through earlier sales.
(13) The Government of the Russian Federation has offered
no cooperation to the United States in dissuading Belarus from
sales of its arms to state sponsors of terrorism and other
parties in conflict, instead increasing its military
cooperation with Belarus.
(14) An editor of ``Jane's Air-Launched Weapons'', Mr.
Robert Hewson, stated recently that a Russian sale of S-300 air
defense missiles to Iran was to go through Belarus and that
``Belarus is the proxy route whenever Russia wants to deny it
is doing the sale. But nothing happens along that route without
Moscow saying so.''.
(15) In May 2009, media reports stated that Russia is
planning to sell its S-300 missile systems to Iran and Syria
via Belarus.
(16) In June 2009, a high-level Israeli official strongly
cautioned Belarus against strengthening ties with Iran.
(17) In March 2008, Belarusian press reports stated that
Belarusian military specialists would take part in the creation
for Venezuela of an advanced air defense system with the
potential to employ the Russian-made S-300 missile system.
(18) The Russian-made S-300 is one of the most advanced air
defense systems in the world, capable of destroying missiles
and aircraft at ranges of about 90 miles and at altitudes of
approximately 90,000 feet.
(19) Reports indicate that Belarus had already purchased
multiple S-300 systems from Russia at a fraction of their
estimated value.
(20) In March 2008, a member of Venezuela's National
Assembly, Mr. Abel El Zabayar, visited Iran and stated that
Venezuela had begun discussions with Belarus and Iran on
nuclear cooperation.
(21) The planned deployment by Venezuela of an advanced air
defense system, such as the S-300 missile system, in
conjunction with Venezuela's reported growing nuclear
cooperation with Belarus and Iran raises disturbing
similarities to the pattern of reported sales arrangements of
the S-300 missile system by Russia to Iran at a time of Russian
cooperation in the development of Iran's nuclear capabilities.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Secretary of State should take into consideration
the continuing reports of arms sales by Belarus to state
sponsors of terrorism and states that do not fully cooperate
with the United States in its anti-terrorism efforts, as well
as any information gathered in the process of drafting the
report to the appropriate congressional committees required
under this Act, and carefully consider whether the imposition
of existing terrorism and nonproliferation sanctions would be
appropriate to deter any such arms sales by Belarus; and
(2) any use by Iran of nuclear cooperation agreements with
other countries as a means to proliferate weapons technology
and expertise to countries such as Venezuela, either directly
or by means of arrangements with Belarus or other countries
would not be in the interest of the United States.
SEC. 4. REPORT.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and on annual basis thereafter, the Secretary of
State shall submit to the appropriate congressional committees a report
that describes, with respect to the preceding 12-month period, the
following:
(1) The scale and modalities of exports of weapons and
related services by the Government of Belarus and Belarusian
enterprises, including revenues flows, and the potential role
of the government and enterprise of the Russian Federation in
such exports and revenues.
(2) The status of the stockpiles of weapons inherited by
Belarus from the former Soviet regime, including a
determination as to the role such stockpiles may continue to
play in the export of weapons by Belarus, and an assessment of
the capability of Belarusian enterprises to manufacture
conventional and advanced weaponry and provide services for
such sales.
(3) A determination as to whether nuclear cooperation
agreements and activities involving Iran, Belarus, or Venezuela
are being used as a means to proliferate nuclear arms
technology and expertise.
(4) The sale or delivery of weapons or weapons-related
technologies from Belarus to any country that is designated as
a state sponsor of terrorism or not fully cooperating with
United States antiterrorism efforts for purposes of section 40A
of the Arms Export Control Act, including Venezuela.
(b) Form.--The report shall be in an unclassified form but may
include a classified annex.
SEC. 5. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and Committee
on Foreign Relations of the Senate.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which the
Secretary of State has determined, for purposes of section 6(j)
of the Export Administration Act of 1979, section 620A of the
Foreign Assistance Act of 1961, section 40 of the Arms Export
Control Act, or any other provision of law, to be a government
that has repeatedly provided support for acts of international
terrorism. | Belarus Arms Transfers Accountability Act of 2009 - Expresses the sense of Congress that: (1) the Secretary of State should consider reports of arms sales by Belarus to state sponsors of terrorism and states that do not cooperate with the United States in its anti-terrorism efforts, as well as any information gathered for a certain congressional report concerning Belarus' proliferation of conventional and nuclear weapons to such countries, including Venezuela, in determining whether to impose terrorism and nonproliferation sanctions to deter such arms sales by Belarus; and (2) any use by Iran of nuclear cooperation agreements with other countries as a means to proliferate weapons technology and expertise to countries such as Venezuela, either directly or by arrangements with Belarus or other countries, would not be in the interest of the United States.
Directs the Secretary to report annually to the appropriate congressional committees on exports of weapons and related services by the government of Belarus and Belarusian enterprises, especially to state sponsors of terrorism or countries not fully cooperating with U.S. antiterrorism efforts, including Venezuela. | {"src": "billsum_train", "title": "To direct the Secretary of State to submit to Congress an annual report on exports of weapons and related services by the Government of Belarus and Belarusian enterprises and related matters."} | 1,913 | 221 | 0.595085 | 1.83203 | 0.743931 | 6.184615 | 9.364103 | 0.94359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smithsonian Institution
Sesquicentennial Commemorative Coin Act of 1995''.
SEC. 2. 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 in commemoration of the sesquicentennial of the
founding of the Smithsonian Institution:
(1) $5 gold coins.--Not more than 100,000 5 dollar 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 650,000 1 dollar coins,
which shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain 90 percent silver and 10 percent copper.
(b) Platinum Coins.--The Secretary may mint and issue not more than
100,000 5 dollar platinum coins instead of the gold coins required
under subsection (a)(1) in accordance with such specifications as the
Secretary determines to be appropriate.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) 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. 3. SOURCES OF BULLION.
(a) Gold.--The Secretary shall obtain gold for minting coins under
this Act pursuant to the authority of the Secretary under other
provisions of law.
(b) Silver.--The Secretary shall obtain silver for minting coins
under this Act only from stockpiles established under the Strategic and
Critical Materials Stock Piling Act.
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 scientific, educational, and cultural
significance and importance of the Smithsonian Institution.
(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 ``1996'';
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum'';
and
(D) an inscription of the following phrase from the
original bequest of James Smithson: ``for the increase and
diffusion of knowledge''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the Board
of Regents of the Smithsonian Institution and the Commission of
Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
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 August 1,
1996.
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 subsection (d) 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.
(d) Surcharges.--All sales shall include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Smithsonian Institution for the following purposes:
(1) 85 percent of the amount transferred shall be available for
such purposes as the Board of Regents of the Smithsonian
Institution determines to be appropriate.
(2) 15 percent of the amount transferred shall be dedicated to
the support of the operation and activities of the National
Numismatic Collection at the National Museum of American History.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Smithsonian Institution as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the Secretary
from a depository institution whose deposits are insured by the
Federal Deposit Insurance Corporation or the National Credit Union
Administration Board.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Smithsonian Institution Sesquicentennial Commemorative Coin Act of 1995 - Directs the Secretary of the Treasury to issue five-dollar gold coins and one-dollar silver coins emblematic of the scientific, educational, and cultural significance of the Smithsonian Institution. Authorizes the Secretary to issue five-dollar platinum coins in lieu of the gold coins.
Mandates that: (1) 85 percent of surcharges received from coin sales be paid by the Secretary to the Smithsonian Institution for such purposes as its Board of Regents determines to be appropriate; and (2) 15 percent of such surcharges be dedicated to supporting the operation and activities of the National Numismatic Collection at the National Museum of American History. | {"src": "billsum_train", "title": "Smithsonian Institution Sesquicentennial Commemorative Coin Act of 1995"} | 1,510 | 155 | 0.595629 | 1.5046 | 0.681761 | 4.170543 | 10.294574 | 0.914729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Santa Fe 400th Anniversary
Commemorative Coin Act of 2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Santa Fe, New Mexico, the site of native occupation
centuries before European incursions, was officially elevated
from a plaza established in 1608 to a villa and capital city in
1610. Santa Fe has been the meeting place and home of many
cultures.
(2) The Palace of the Governors, built in the early 17th
century served as the governor's quarters and the seat of
government under 3 flags. It is the oldest continuously used
public building in the United States.
(3) La Fiesta de Santa Fe, a cultural, religious, and
social celebration, commemorating the resettlement of Santa Fe
by General Don Diego de Vargas in 1692 continues today as an
attraction for tourists and locals alike.
(4) At the nexus of 3 historically important trails, Santa
Fe brought people and goods together over the Santa Fe Trail to
and from Missouri, California, and Mexico City.
(5) Commerce on the Santa Fe Trail brought a much needed
boost to the economy of the American West during the recession
of the early 19th century. Santa Fe was the rendezvous place
for traders, mountain men and forty-niners on route to
California, and is today home to a multicultural citizenry and
world class art market.
(6) The Santa Fe area is a center of market activity for
arts and culture year round, culminating in the world renowned
Indian Market, Spanish Colonial Art Market, and International
Folk Art Market.
(7) New Mexico is the home to the oldest and continuously
inhabited indigenous communities in North America. Native
communities now residing in New Mexico include--
(A) Acoma Pueblo;
(B) Alamo Navajo Chapter;
(C) Canoncito Navajo Chapter;
(D) Cochiti Pueblo;
(E) Isleta Pueblo;
(F) Jemez Pueblo;
(G) Jicarilla Apache Tribe;
(H) Laguna Pueblo;
(I) Mescalero Apache Tribe;
(J) Nambe Pueblo;
(K) Picuris Pueblo;
(L) Pojoaque Pueblo;
(M) Ramah Navaho Chapter;
(N) San Felipe Pueblo;
(O) San Ildefonso Pueblo;
(P) San Juan Pueblo;
(Q) Sandia Pueblo;
(R) Santa Ana Pueblo;
(S) Santa Clara Pueblo;
(T) Santo Domingo Pueblo;
(U) Taos Pueblo;
(V) Tesuque Pueblo;
(W) Zia Pueblo;
(X) Zuni Pueblo; and
(Y) many others that disappeared or were moved
after European contact.
(8) The Pueblo Revolt of 1680 is known to be one of the
first ``American Revolutions'' when the Pueblo people ousted
Spanish colonists from New Mexico.
(9) The Santa Fe area has long attracted tourists, artists,
and writers. The classic novel Ben Hur was written, in part, by
then Governor Lew Wallace, in the Palace of the Governors.
(10) A commemorative coin will help to foster an
understanding and appreciation of New Mexico, its history and
culture and the importance of Santa Fe and New Mexico to the
history of the United States and the world.
SEC. 3. COIN SPECIFICATIONS.
(a) $5 Gold Coins.--The Secretary of the Treasury (in this Act
referred to as the ``Secretary'') shall issue not more than 100,000 $5
coins, which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) $1 Silver Coins.--The Secretary shall issue not more than
500,000 $1 coins, 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.
(c) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(d) Numismatic Items.--For purposes of section 5132(a)(1) of title
31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
(e) Sources of Bullion.--
(1) Gold.--The Secretary shall obtain gold for minting
coins under this Act from domestic sources, and pursuant to the
authority of the Secretary under section 5116 of title 31,
United States Code.
(2) Silver.--The Secretary shall obtain silver for the
coins minted under this Act only from stockpiles established
under the Strategic and Critical Minerals Stock Piling Act (50
U.S.C. 98 et seq.).
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 settlement of Santa Fe, New
Mexico, the oldest capital city in the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2010''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'' (on the face of the coin), ``United States
of America'', and ``E Pluribus Unum''.
(b) Design Selection.--Subject to subsection (a), the design for
the coins minted under this Act shall be selected by the Secretary, and
shall be reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the period beginning on January 1, 2010, and
ending on December 31, 2010.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins minted 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 subsection (c) 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) 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.
(c) Bulk Sales.--The Secretary shall make bulk sales of the coins
minted under this Act at a reasonable discount.
(d) Surcharge.--All sales of coins minted under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin; and
(2) $10 per coin for the $1 coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) Recipients.--
(1) In general.--All surcharges received by the Secretary
from the sale of coins minted under this Act shall be promptly
paid by the Secretary to the recipients listed under paragraphs
(2) and (3).
(2) Santa fe 400th anniversary committee.--The Secretary
shall distribute 50 percent of the surcharges described under
paragraph (1) to the Santa Fe 400th Anniversary Committee,
Inc., to support programs to promote the understanding of the
legacies of Santa Fe.
(3) Other recipients.--The Secretary shall distribute 50
percent of the surcharges described under paragraph (1) to the
Secretary of the Department of the Interior, for the purposes
of--
(A) sustaining the ongoing mission of preserving
Santa Fe;
(B) enhancing the national and international
educational programs;
(C) improving infrastructure and archaeological
research activities; and
(D) conducting other programs to support the
commemoration of the 400th anniversary of Santa Fe.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the entities specified in subsection (a), as may be related to
the expenditure of amounts distributed under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration. | Santa Fe 400th Anniversary Commemorative Coin Act of 2007 - Instructs the Secretary of the Treasury to issue $5 gold coins and $1 silver coins emblematic of the settlement of Santa Fe, New Mexico, the oldest capital city in the United States.
Permits issuance of such coins only during calendar 2010.
Requires the Secretary to pay 50% of surcharges received from such coin sales to: (1) the Santa Fe 400th Anniversary Committee, Inc.; and (2) the Secretary of the Interior to sustain the ongoing mission of preserving Santa Fe, including educational programs, infrastructure and archaeological research activities, and other programs to support commemoration of the 400th anniversary of Santa Fe. | {"src": "billsum_train", "title": "A bill to authorize the minting of a coin to commemorate the 400th anniversary of the founding of Santa Fe, New Mexico, to occur in 2010."} | 2,221 | 142 | 0.425021 | 1.368929 | 0.6178 | 4.276923 | 15.369231 | 0.938462 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boot Camp Prison Act of 1993''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The Federal prisons are greatly overcrowded. Although
the Federal prison system had a maximum capacity of only 50,707
inmates as of December 17, 1992, on that date it housed 72,191
inmates.
(2) The prisoner populations of both Federal and State
prisons have been increasing rapidly and are expected to
continue to increase in part because of the effect of the
Federal Sentencing Guidelines. In fiscal year 1993, the Federal
prison population will be approximately 79,000, growing to
about 92,000 in fiscal year 1995 and 109,000 in fiscal year
1998.
(3) The average cost of constructing a medium security
Federal prison is $53,173 per bed. The average cost of housing
a Federal inmate is $20,072 per year. This country needs to
find an effective and affordable alternative to our current
prison situation.
(4) Boot camp prisons are an excellent solution to this
problem. Instituted originally in 1984 in the State prison
systems of Oklahoma and Georgia, the concept of boot camp
prisons has now spread to 25 States. Although incarceration in
a boot camp costs more per year because of counseling and
educational services, an inmate stays for a shorter period of
time (between 90 and 120 days), thus reducing total costs and
overcrowding. The boot camp prison system in the New York
Department of Correctional Services saved that State's
taxpayers an estimated $150,000,000 as of December 31, 1991.
SEC. 3. BOOT CAMPS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Attorney General shall establish within the Bureau of
Prisons 10 military-style boot camp prisons (referred to in this
section as ``boot camps'').
(b) Locations.--The boot camps shall be located on closed military
installations on sites to be chosen by the Director of the Bureau of
Prisons.
(c) Regimen.--The boot camps shall provide--
(1) a highly regimented schedule of strict discipline,
physical training, work, drill, and ceremony characteristic of
military basic training;
(2) remedial education;
(3) counseling as appropriate; and
(4) treatment for substance abuse.
(d) Capacity.--Each boot camp shall be designed to accommodate
between 200 and 300 inmates for periods of not less than 90 days and
not greater than 120 days. Not more than 20 percent of the inmates
shall be Federal prisoners. The remaining inmates shall be State
prisoners who are accepted for participation in the boot camp program
pursuant to subsection (f).
(e) Federal Prisoners.--Section 3582 of title 18, United States
Code, is amended by adding at the end the following new subsection:
``(e) Boot Camp Prison as a Sentencing Alternative.--(1) The court,
in imposing sentence in the circumstances described in paragraph (2),
may designate the defendant as eligible for placement in a boot camp
prison. The Bureau of Prisons shall determine whether a defendant so
designated will be assigned to a boot camp prison.
``(2) A defendant may be designated as eligible for placement in
boot camp prison if--
``(A) the defendant--
``(i) is under 25 years of age;
``(ii) is able-bodied;
``(iii) has been convicted of a serious but
nonviolent offense;
``(iv) has no serious prior conviction for which he
or she has served more than 10 days of incarceration;
and
``(v) consents to the designation; and
``(B) the sentencing court finds that the defendant's total
offense level under the Federal sentencing guidelines is level
15 or less.
``(3) If the Director of the Bureau of Prisons finds that an inmate
placed in a boot camp prison pursuant to this subsection has willfully
refused to comply with the conditions of confinement in the boot camp,
the Director may transfer the inmate to any other correctional facility
in the Federal prison system.
``(4) Successful completion of assignment to a boot camp shall
constitute satisfaction of any period of active incarceration, but
shall not affect any aspect of a sentence relating to a fine,
restitution, or supervised release.''.
(f) State Prisoners.--(1) The head of a State corrections
department or the head's designee may apply for boot camp placement for
any person who has been convicted of a criminal offense in that State,
or who anticipates entering a plea of guilty of such offense, but who
has not yet been sentenced. Such application shall be made to the
Bureau of Prisons and shall be in the form designated by the Director
of the Bureau of Prisons and shall contain a statement certified by the
head of the State corrections department or the head's designee that at
the time of sentencing the applicant is likely to be eligible for
assignment to a boot camp pursuant to paragraph (2). The Bureau of
Prisons shall respond to such applications within 30 days so that the
sentencing court is aware of the result of the application at the time
of sentencing. In responding to such applications, the Bureau of
Prisons shall determine, on the basis of the availability of space,
whether a defendant who becomes eligible for assignment to a boot camp
prison at the time of sentencing will be so assigned.
(2) A person convicted of a State criminal offense shall be
eligible for assignment to a boot camp if he or she--
(A) is under 25 years of age;
(B) has no prior conviction for which he or she has served
more than 10 days incarceration;
(C) has been sentenced to a term of imprisonment that will
be satisfied under the law of the sentencing State if the
defendant successfully completes a term of not less than 90
days nor more than 120 days in a boot camp;
(D) has been designated by the sentencing court as eligible
for assignment to a boot camp; and
(E) has consented to the designation.
(3) If the Director of the Bureau of Prisons finds that an inmate
placed in a boot camp prison pursuant to this subsection has willfully
refused to comply with the conditions of confinement in the boot camp,
the Director may transfer the inmate back to the jurisdiction of the
State sentencing court.
(4) A State that refers a prisoner to a boot camp shall reimburse
the Bureau of Prisons for the full cost of the incarceration of the
prisoner, except that if the prisoner successfully completes the boot
camp program, the Bureau of Prisons shall return to the State 20
percent of the amount paid for that prisoner. The total amount returned
to each State under this paragraph in each fiscal year shall be used by
that State to provide the aftercare supervision and services required
by paragraph (e).
(g) Post-Release Supervision.--(1) Any State seeking to refer a
State prisoner to a boot camp prison shall submit to the Director of
the Bureau of Prisons an aftercare plan setting forth the provisions
that the State will make for the continued supervision of the prisoner
following release. The aftercare plan shall also contain provisions for
educational and vocational training and drug or other counseling and
treatment where appropriate.
(2) The Bureau of Prisons shall develop an aftercare plan setting
forth the provisions that will be made for the continued supervision of
Federal prisoners following release. The aftercare plan shall also
contain provisions for educational and vocational training and drug or
other counseling and treatment where appropriate.
(h) Evaluation and Report.--(1) Not later than 7 years and 6 months
after the date of enactment of this Act, the Attorney General shall
evaluate the boot camp prisons and report to Congress on the
performance of the boot camp prisons.
(2) The report under paragraph (1) shall include an assessment of--
(A) the rate of recidivism of boot camp prisoners as
compared with similar defendants in conventional prisons;
(B) the cost-effectiveness of boot camp prisons as compared
to conventional prisons; and
(C) the program's effect on the overcrowding of
conventional prisons.
(i) Termination.--The boot camp prison program shall be terminated
on the date that is 8 years after the date of establishment of the
first boot camp.
(j) Authorization of Appropriations.--In addition to any other
amounts authorized to be appropriated to the Bureau of Prisons, there
are authorized to be appropriated $150,000,000 for fiscal year 1994, to
remain available until expended, of which--
(1) not more than $12,500,000 shall be used to convert each
closed military base to a boot camp prison; and
(2) not more than $2,500,000 shall be used to operate each
boot camp for 1 fiscal year. | Boot Camp Prison Act of 1993 - Directs the Attorney General to establish within the Bureau of Prisons ten military-style boot camp prisons on closed military installations to provide: (1) a highly regimented schedule of strict discipline, physical training, work, drill, and ceremony characteristic of military basic training; (2) remedial education; (3) counseling as appropriate; and (4) treatment for substance abuse.
Sets forth provisions regarding: (1) capacity of such camps; (2) eligibility requirements for Federal and State prisoners; (3) post-release supervision (including aftercare, with provision for educational and vocational training and drug or other counseling and treatment where appropriate); and (4) termination of the program.
Directs the Attorney General to evaluate the boot camp prisons and report to the Congress on their performance, including an assessment of the rate of recidivism of boot camp prisoners as compared with similar defendants in conventional prisons, the cost effectiveness of boot camp prisons as compared to conventional prisons, and the program's effect on the overcrowding of conventional prisons.
Authorizes appropriations. | {"src": "billsum_train", "title": "Boot Camp Prison Act of 1993"} | 1,927 | 227 | 0.601731 | 1.911125 | 1.168292 | 5 | 8.460465 | 0.925581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literacy Involves Families Together
Act''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 1002(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6302(b)) is amended by striking ``$118,000,000 for
fiscal year 1995'' and inserting ``$500,000,000 for fiscal year 2000''.
SEC. 3. IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
Section 1111(c) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(c)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) the State educational agency will encourage local
educational agencies and individual schools participating in a
program assisted under this part to offer family literacy
services (using funds under this part), if the agency or school
determines that a substantial number of students served under
this part by the agency or school have parents who do not have
a secondary school diploma or its recognized equivalent or who
have low levels of literacy.''.
SEC. 4. EVEN START FAMILY LITERACY PROGRAMS.
(a) Program Authorized.--
(1) Reservation for migrant programs, outlying areas, and
indian tribes.--Section 1202(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6362(a)) is amended--
(A) in paragraph (1), by inserting ``(or, if such
appropriated amount exceeds $250,000,000, 6 percent of
such amount)'' after ``1002(b)'';
(B) in paragraph (2), by striking ``If the amount
of funds made available under this subsection exceeds
$4,600,000,'' and inserting ``After the date of the
enactment of the Literacy Involves Families Together
Act,''; and
(C) by adding at the end the following:
``(3) Coordination of programs for american indians.--The
Secretary shall ensure that programs under paragraph (1)(C) are
coordinated with family literacy programs operated by the
Bureau of Indian Affairs in order to avoid duplication and to
encourage the dissemination of information on high-quality
family literacy programs serving American Indians.''.
(2) Reservation for federal activities.--Section 1202(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6362(b)) is amended to read as follows:
``(b) Reservation for Federal Activities.--
``(1) Evaluation, technical assistance, program
improvement, and replication activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than 3 percent of such amounts or the amount reserved
to carry out the activities described in paragraphs (1) and (2)
of subsection (a) for the fiscal year 1994, whichever is
greater, for purposes of--
``(A) carrying out the evaluation required by
section 1209; and
``(B) providing, through grants or contracts with
eligible organizations, technical assistance, program
improvement, and replication activities.
``(2) Research.--In the case of fiscal years 2000 through
2004, if the amounts appropriated under section 1002(b) for any
of such years exceed such amounts appropriated for the
preceding fiscal year, the Secretary shall reserve from such
excess amount $2,000,000 or 50 percent, whichever is less, to
carry out section 1211(b).
(b) Uses of Funds.--Section 1204 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6364) is amended--
(1) in subsection (b)(1)(A)--
(A) in clause (iv), by striking ``and'' after the
semicolon; and
(B) by striking clause (v) and adding the
following:
``(v) 50 percent in the fifth, sixth,
seventh, and eighth such years; and
``(vi) 35 percent in any subsequent such
year.''; and
(2) by adding at the end the following:
``(c) Use of Funds for Family Literacy Services.--
``(1) In general.--States may use a portion of funds
received under this part to assist eligible entities receiving
a subgrant under section 1203(b) in improving the quality of
family literacy services provided under Even Start programs
under this part, except that in no case may a State's use of
funds for this purpose for a fiscal year result in a decrease
from the level of activities and services provided to program
participants in the preceding year.
``(2) Priority.--In carrying out paragraph (1), a State
shall give priority to programs that were of low quality, as
evaluated based on the indicators of program quality developed
by the State under section 1210.
``(3) Technical assistance and training.--Assistance under
paragraph (1) shall be in the form of technical assistance and
training, provided by a State through a grant, contract, or cooperative
agreement with an entity that has experience in offering high quality
training and technical assistance to family literacy providers.''.
(c) Program Elements.--Section 1205 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6365) is amended--
(1) by redesignating paragraphs (9) and (10) as paragraphs
(10) and (11), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) use instructional programs based on scientifically
based reading research (as defined in section 2252) for
children and, to the extent such research is available, for
adults;''.
(d) Eligible Participants.--Section 1206(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6366(b)) is amended by
adding at the end the following:
``(3) Children 8 years of age or older.--If an Even Start
program assisted under this part collaborates with a program
under part A, and funds received under such part A program
contribute to paying the cost of providing programs under this
part to children 8 years of age or older, the Even Start
program, notwithstanding subsection (a)(2), may permit the
participation of children 8 years of age or older.''.
(e) Plan.--Section 1207(c)(1)(F) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6367(c)(1)(F)) is amended by striking
``Act, the Goals 2000: Educate America Act,'' and inserting ``Act''.
(f) Award of Subgrants.--Section 1208(b) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6368(b)) is amended--
(1) by striking paragraph (3) and inserting the following:
``(3) Continuing eligibility.--In awarding subgrant funds
to continue a program under this part after the first year, the
State educational agency shall review the progress of each
eligible entity in meeting the goals of the program referred to
in section 1207(c)(1)(A) and shall evaluate the program based
on the indicators of program quality developed by the State
under section 1210.''; and
(2) in paragraph (5)--
(A) in subparagraph (A), by striking the last
sentence; and
(B) by amending subparagraph (B) to read as
follows:
``(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with section
1204(b).''.
(g) Research.--Section 1211 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6369b) is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsections (a) and (b)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Scientifically-Based Research on Family Literacy.--
``(1) In general.--From amounts reserved under section
1202(b)(2), the National Institute for Literacy shall carry out
research that--
``(A) is scientifically-based reading research (as
defined in section 2252); and
``(B) determines--
``(i) the most effective ways of improving
the literacy skills of adults with reading
difficulties; and
``(ii) how family literacy services can
best provide parents with the knowledge and
skills they need to support their children's
literacy development.
``(2) Use of expert entity.--The National Institute for
Literacy shall carry out the research under paragraph (1)
through an entity, including a Federal agency, that has
expertise in carrying out longitudinal studies of the
development of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.''.
SEC. 5. EDUCATION OF MIGRATORY CHILDREN.
Section 1304(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6394(b)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) a description of how the State will encourage
programs and projects assisted under this part to offer family
literacy services if the program or project serves a
substantial number of migratory children who have parents who
do not have a secondary school diploma or its recognized
equivalent or who have low levels of literacy.''.
SEC. 6. DEFINITIONS.
(a) In General.--Section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801) is amended--
(1) by redesignating paragraphs (15) through (29) as
paragraphs (16) through (30), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between
parents and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to
economic self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.''.
(b) Conforming Amendments.--
(1) Even start family literacy programs.--Section 1202(e)
of the Elementary and Secondary Education Act of 1965 (6362(e))
is amended--
(A) by striking paragraph (3); and
(B) by redesignating paragraphs (4) and (5) as
paragraphs (3) and (4), respectively.
(2) Reading and literacy grants.--Section 2252 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6661a) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) through (5) as
paragraphs (2) through (4), respectively.
SEC. 7. INDIAN EDUCATION.
(a) Early Childhood Development Program.--Section 1143 of the
Education Amendments of 1978 (25 U.S.C. 2023) is amended--
(1) in subsection (b)(1)--
(A) by striking ``(f)'' and inserting ``(g)''; and
(B) by striking ``(e))'' and inserting ``(f))'';
(2) in subsection (d)(1)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(B) by inserting after subparagraph (C) the
following:
``(D) family literacy services,'';
(3) in subsection (e), by striking ``(f),'' and inserting
``(g),'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(5) by inserting after subsection (d) the following:
``(e) Family literacy programs operated under this section, and
other family literacy programs operated by the Bureau of Indian
Affairs, shall be coordinated with family literacy programs for
American Indian children under part B of title I of the Elementary and
Secondary Education Act of 1965 in order to avoid duplication and to
encourage the dissemination of information on quality family literacy
programs serving American Indians.''.
(b) Definitions.--Section 1146 of the Education Amendments of 1978
(25 U.S.C. 2026) is amended--
(1) by redesignating paragraphs (7) through (14) as
paragraphs (8) through (15), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) the term `family literacy services' has the meaning
given such term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801);''. | (Sec. 2) Extends through FY 2004 the authorization of appropriations for such Even Start programs, and increases the amounts authorized.
(Sec. 3) Requires State plans to assure that State educational agencies (SEAs) will encourage local educational agencies (LEAs) and individual schools participating in a program assisted under ESEA title I part A (Improving Basic Programs Operated by Local Educational Agencies), to use part A funds to offer family literacy services, if the LEA or school determines that a substantial number of students they serve under part A have parents who do not have a secondary school diploma or its recognized equivalent or who have low levels of literacy.
(Sec. 4) Directs the Secretary of Education to: (1) reserve an increased portion of part B Even Start funds for migrant programs, outlying areas, and Indian tribes, under specified conditions; (2) award a competitive demonstration grant of sufficient amount and duration for a potentially high-quality family literacy program in a prison that houses women and their preschool age children; (3) ensure coordination of family literacy programs under Even Start with similar programs operated by the Bureau of Indian Affairs (BIA); and (4) reserve specified portions of Even Start excess funds for scientifically-based research on family literacy by the National Institute for Literacy.
Limits the Federal share of program costs to 35 percent after the eighth year of Even Start program assistance.
Authorizes States to use a portion of Even Start funds to provide technical assistance and training to subgrantees (partnerships of LEAs and eligible organizations) to improve the quality of their family literacy services, giving priority to low-quality programs, provided that such State use of funds for a fiscal year does not result in a decrease from the level of activities and services provided to program participants in the preceding year.
Requires Even Start programs to use research-based techniques for helping children learn to read, as well as for helping adults where appropriate research is available.
Allows an Even Start program, despite specified age limitations, to permit children eight years of age or older to participate if such program collaborates with a part A program and part A funds are used to pay the cost of providing part B Even Start services to such children.
Requires an SEA, in awarding subgrants to continue an Even Start program after the first year, to review the progress of each eligible entity in meeting program goals described in the State plan (as well as, under current law, evaluating the program based on State-developed program quality indicators).
Eliminates the eight-year limitation on a subgrantee's receiving Even Start funds.
Sets the same limits on the Federal share of renewed subgrants as on Even Start grants.
Directs the National Institute for Literacy to use certain reserved Even Start funds for scientifically-based research to determine: (1) the most effective ways of improving literacy skills of adults with reading difficulties; and (2) how family literacy services can best provide parents with knowledge and skills to support their children's literacy development. Requires such research to be carried out through an entity, including a Federal agency, with expertise in doing longitudinal studies of children's literacy skills development, and that has developed effective interventions to help children with reading difficulties.
(Sec. 5) Requires State applications for Even Start grants to describe how the State will encourage programs and projects assisted under Even Start to offer family literacy services if the program or project serves a substantial number of migratory children who have parents who do not have a high school diploma or its recognized equivalent or who have low levels of literacy.
(Sec. 6) Defines family literacy services under ESEA as services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (1) interactive literacy activities between parents and their children; (2) training for parents regarding how to be the primary teacher for their children and full partners in the education of their children; (3) parent literacy training that leads to economic self-sufficiency; and (4) an age-appropriate education to prepare children for success in school and life experiences.
(Sec. 7) Amends the Education Amendments Act of 1978 to require BIA-operated family literacy programs, under the early childhood education program for Indian children or other programs, to be coordinated with Even Start family literacy programs under ESEA. | {"src": "billsum_train", "title": "Literacy Involves Families Together Act"} | 3,023 | 966 | 0.572559 | 1.974546 | 0.803223 | 3.541284 | 3.150229 | 0.90367 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notification of Origin of
Telecommunications and Internet Consumer Exchanges Act of 2010'' or the
``NOTICE Act of 2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Business entity.--The term ``business entity'' means
any organization, corporation, trust, partnership, sole
proprietorship, unincorporated association, or venture
established to make a profit, in whole or in part, by
purposefully availing itself of the privilege of conducting
commerce in the United States.
(2) Commerce.--The term ``commerce'' has the meaning given
the term in section 3(a) of the Consumer Product Safety Act (15
U.S.C. 2052(a)).
(3) Consumer.--The term ``consumer'' means any individual
within the territorial jurisdiction of the United States who
purchases, transacts, or contracts for the purchase or
transaction of any goods, merchandise, or services, not for
resale in the ordinary course of the individual's trade or
business, but for the individual's use or that of a member of
the individual's household.
(4) Customer service communication.--The term ``customer
service communication'' means any telecommunication or wire
communication between a consumer and a business entity in
furtherance of commerce.
(5) Telecommunication.--The term ``telecommunication''
means the transmission, between or among points specified by
the communicator, of information of the communicator's
choosing, without change in the form or content of the
information as sent and received.
(6) Wire communication.--The term ``wire communication'' or
``communication by wire'' means the transmission of writing,
signs, signals, pictures, and sounds of all kinds by aid of
wire, cable, or other like connection between the points of
origin and reception of such transmission, including all
instrumentalities, facilities, apparatus, and services (among
other things, the receipt, forwarding, and delivery of
communications) incidental to such transmission.
SEC. 3. REQUIRED DISCLOSURE BY BUSINESS ENTITIES ENGAGED IN CUSTOMER
SERVICE COMMUNICATIONS OF PHYSICAL LOCATION.
(a) In General.--Except as provided in subsection (b), a business
entity that either initiates or receives a customer service
communication shall require that each of its employees or agents
participating in the communication disclose their physical location at
the beginning of each customer service communication so initiated or
received.
(b) Exceptions.--
(1) Business entities located in the united states.--The
requirements of subsection (a) shall not apply to a customer
service communication involving a business entity if all of the
employees or agents of the business entity participating in
such communication are physically located in the United States.
(2) Communication initiated by consumer knowingly to
foreign entity or address.--The requirements of subsection (a)
shall not apply to an employee or agent of a business entity
participating in a customer service communication with a
consumer if--
(A) the customer service communication was
initiated by the consumer;
(B) the employee or agent is physically located
outside the United States; and
(C) the consumer knows or reasonably should know
that the employee or agent is physically located
outside the United States.
(3) Emergency services.--The requirements of subsection (a)
shall not apply to a customer service communication relating to
the provision of emergency services (as defined by the Federal
Trade Commission).
(4) Business entities and customer service communications
excluded by federal trade commission.--The Federal Trade
Commission may exclude certain classes or types of business
entities or customer service communications from the
requirements of subsection (a) if the Commission finds
exceptionally compelling circumstances that justify such
exclusion.
(c) Certification Requirement.--Each year, each business entity
that participates in a customer service communication shall certify to
the Federal Trade Commission that it has complied or failed to comply
with the requirements of subsection (a).
(d) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Federal Trade Commission shall promulgate
such regulations as may be necessary to carry out the provisions of
this Act.
(e) Effective Date.--The requirements of subsection (a) shall apply
with respect to customer service communications occurring on or after
the date that is 1 year after the date of the enactment of this Act.
SEC. 4. ENFORCEMENT.
(a) In General.--Any failure to comply with the provisions of
section 3 shall be treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(b) Powers of Federal Trade Commission.--
(1) In general.--The Federal Trade Commission shall prevent
any person from violating this Act, and any regulation
promulgated thereunder, in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though
all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into
and made a part of this Act.
(2) Penalties.--Any person who violates regulations
promulgated under this Act shall be subject to the penalties
and entitled to the privileges and immunities provided in the
Federal Trade Commission Act in the same manner, by the same
means, and with the same jurisdiction, power, and duties as
though all applicable terms and provisions of the Federal Trade
Commission Act were incorporated into and made part of this
Act.
(c) Authority Preserved.--Nothing in this Act shall be construed to
limit the authority of the Federal Trade Commission under any other
provision of law. | Notification of Origin of Telecommunications and Internet Consumer Exchanges Act of 2010 or NOTICE Act of 2010 - Requires business entities that initiate or receive certain customer service communications to disclose their physical location if located outside the United States. Directs each such business entity to annually certify to the Federal Trade Commission (FTC) that it has complied or failed to comply with the disclosure. Treats such a business entity's failure to comply as a regulatory violation under the Federal Trade Commission Act (FTCA) regarding unfair or deceptive acts or practices. Requires FTC enforcement and subjects violators to penalties under the FTCA. | {"src": "billsum_train", "title": "To require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes."} | 1,284 | 142 | 0.499139 | 1.253095 | 0.710725 | 3.657658 | 10.324324 | 0.864865 |
ALLOCATING APPROPRIATED SPENDING.
(a) Committee on Appropriations Resolution.--Section 302(b) of the
Congressional Budget Act of 1974 is amended to read as follows:
``(b) Committee Suballocations.--
``(1) Committees on appropriations.--(A) As soon as
practical after a concurrent resolution on the budget is agreed
to, the Committee on Appropriations of each House shall, after
consulting with Committee on Appropriations of the other House,
report to its House an original joint resolution on
appropriations allocations (referred to in the paragraph as the
`joint resolution') that contains the following:
``(i) A subdivision among its subcommittees of the
allocation of budget outlays and new budget authority
allocated to it in the joint explanatory statement
accompanying the conference report on such concurrent
resolution.
``(ii) A subdivision of the amount with respect to
each such subcommittee between controllable amounts and
all other amounts.
The joint resolution shall be placed on the calendar pending
disposition of such joint resolution in accordance with this
subsection.
``(B)(i) Except as provided in clause (ii), the provisions
of section 305 for the consideration in the Senate of
concurrent resolutions on the budget and conference reports
thereon shall also apply to the consideration in the Senate of
joint resolutions reported under this paragraph and conference
reports thereon.
``(ii)(I) Debate in the Senate on any joint resolution
reported under this paragraph, and all amendments thereto and
debatable motions and appeals in connection therewith, shall be
limited to not more than 20 hours.
``(II) The Committee on Appropriations shall manage the
joint resolution.
``(C) The allocations of the Committees on Appropriations
shall not take effect until the joint resolution is enacted
into law.
``(2) Other committees.--As soon as practicable after a
concurrent resolution on the budget is agreed to every
committee of the House and Senate (other than the Committees on
Appropriations) to which an allocation was made in such joint
explanatory statement shall, after consulting with the
committee or committees of the other House to which all or part
of its allocation was made--
``(A) subdivide such allocation among its
subcommittees or among programs over which it has
jurisdiction; and
``(B) further subdivide the amount with respect to
each subcommittee or program between controllable
amounts and all other amounts.
Each such committee shall promptly report to its House the
subdivisions made by it pursuant to this paragraph.''.
(b) Point of Order.--Section 302(c) of the Congressional Budget Act
of 1974 is amended by striking ``such committee makes the allocation or
subdivisions required by'' and inserting ``such committee makes the
allocation or subdivisions in accordance with''.
(c) Alteration of Allocations.--Section 302(e) of the Congressional
Budget Act of 1974 is amended to read as follows:
``(e) Alteration of Allocations.--
``(1) Any alteration of allocations made under paragraph
(1) of subsection (b) proposed by the Committee on
Appropriations of either House shall be subject to approval as
required by such paragraph.
``(2) At any time after a committee reports the allocations
required to be made under subsection (b)(2), such committee may
report to its House an alteration of such allocations. Any
alteration of such allocations must be consistent with any
actions already taken by its House on legislation within the
committee's jurisdiction.''.
SEC. 3. AMENDMENTS TO APPROPRIATIONS BILL.
Section 302 of the Congressional Budget Act of 1974 is amended by--
(1) redesignating subsection (g) as subsection (h); and
(2) inserting after subsection (f) the following:
``(g) Amendments to Appropriations Act Reducing Allocations.--
``(1) Floor amendments.--Notwithstanding any other
provision of this Act, an amendment to an appropriations bill
shall be in order if--
``(A) such amendment reduces an amount of budget
authority provided in the bill and reduces the relevant
subcommittee allocation made pursuant to subsection
(b)(1) and the discretionary spending limits under
section 601(a)(2) for the fiscal year covered by the
bill; or
``(B) such amendment reduces an amount of budget
authority provided in the bill and reduces the relevant
subcommittee allocation made pursuant to subsection
(b)(1) and the discretionary spending limits under
section 601(a)(2) for the fiscal year covered by the
bill and the 4 succeeding fiscal years.
``(2) Conference reports.--(A) It shall not be in order to
consider a conference report on an appropriations bill that
contains a provision reducing subcommittee allocations and
discretionary spending included in both the bill as passed by
the Senate and the House of Representatives if such provision
provides reductions in such allocations and spending that are
less than those provided in the bill as passed by the Senate or
the House of Representatives.
``(B) It shall not be in order in the Senate or the House
of Representatives to consider a conference report on an
appropriations bill that does not include a reduction in
subcommittee allocations and discretionary spending in
compliance with subparagraph (A) contained in the bill as
passed by the Senate and the House of Representatives.''.
SEC. 4. SECTION 602(b) ALLOCATIONS.
Section 602(b)(1) of the Congressional Budget Act of 1974 is
amended to read as follows:
``(1) Suballocations by appropriations committees.--The
Committee on Appropriations of each House shall make
allocations under subsection (a)(1)(A) or (a)(2) in accordance
with section 302(b)(1).''. | Spending Reduction and Budget Control Act of 1994 - Amends the Congressional Budget Act of 1974 to require each House of the Congress to agree to a joint resolution on the allocation of budget authority and outlays made by the Committees on Appropriations.
Requires amendments that reduce appropriations to also reduce relevant subcommittee allocations and discretionary spending limits. | {"src": "billsum_train", "title": "Spending Reduction and Budget Control Act of 1994"} | 1,341 | 86 | 0.585785 | 1.265983 | 0.667318 | 2.147541 | 18.704918 | 0.836066 |
148, the
United States deployed on an emergency basis two aircraft
carrier battle groups to the Taiwan Strait, after which the
People's Republic of China ceased further planned military
exercises.
(17) An earlier consequence of such ambiguity and lack of
clarity was the expressed surprise by the People's Republic of
China that Congress and the American people fully supported
President Lee Teng-hui's private visit to his alma mater,
Cornell University, necessitating House Concurrent Resolution
53, approved by the House of Representatives by a vote of 390-0
on May 2, 1995, and by the Senate by a vote of 97-1 on May 9,
1995, which stated such support explicitly.
SEC. 3. TRAINING OF MILITARY OFFICERS AND SALE OF DEFENSE ARTICLES AND
SERVICES TO TAIWAN.
(a) Training of Taiwan Military Officers.--The Secretary of Defense
and the Secretaries of the military departments shall make every effort
to reserve additional positions for Taiwan military officers at the
National Defense University and other professional military education
schools specified in section 2162(d) of title 10, United States Code,
and for prospective Taiwan military officers at the United States
Military Academy, the United States Naval Academy, and the Air Force
Academy.
(b) Foreign Military Sales.--The Secretary of State shall, when
considering foreign military sales to Taiwan--
(1) take into account the special status of Taiwan,
including the defense needs of Taiwan in response to the
military modernization and weapons procurement efforts by the
People's Republic of China; and
(2) make every effort to ensure that Taiwan has full and
timely access to price and availability data for defense
articles and defense services.
SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN.
(a) Increase in Technical Staff of the American Institute in
Taiwan.--Upon the request of the Defense Security Cooperation Agency,
the President shall use funds available to the Department of Defense
under the Arms Export Control Act for the employment of additional
technical staff at the American Institute in Taiwan.
(b) Annual Reports.--Beginning 60 days after the next round of arms
talks between the United States and Taiwan, and annually thereafter,
the President shall submit a report to Congress, in classified and
unclassified form--
(1) detailing each of Taiwan's requests for purchase of
defense articles and defense services during the one-year
period ending on the date of the report;
(2) describing the defense needs asserted by Taiwan as
justification for those requests; and
(3) describing the decision-making process used to reject,
postpone, or modify any such request.
SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN.
(a) Maintenance of Sufficient Self-Defense Capabilities of
Taiwan.--Congress finds that any determination of the nature or
quantity of defense articles or defense services to be made available
to Taiwan that is made on any basis other than section 3(b) of the
Taiwan Relations Act (22 U.S.C. 3302(b)), whether such alternative
basis is the August 17, 1982, communique signed with the People's
Republic of China, or any similar executive agreement, order, or
policy, would violate the intent of Congress in the enactment of such
Act.
(b) Combined Training and Personnel Exchange Programs.--Not later
than 210 days after the date of enactment of this Act, the Secretary of
Defense shall implement a plan for the enhancement of programs and
arrangements for operational training and exchanges of senior officers
between the Armed Forces of the United States and the armed forces of
Taiwan for work in threat analysis, doctrine, force planning,
operational methods, and other areas. At least 30 days prior to such
implementation, the Secretary of Defense shall submit the plan to
Congress, in classified and unclassified form.
(c) Report Regarding Maintenance of Sufficient Self-Defense
Capabilities.--Not later than 45 days after the date of the enactment
of this Act, and annually thereafter, the Secretary of Defense shall
submit to the Congress, in classified and unclassified form, an annual
report on the security situation in the Taiwan Strait. Such report
shall include an analysis of the military forces facing Taiwan from the
People's Republic of China, evaluating recent additions to the
offensive military capability of the People's Republic of China. The
report shall include, but not be limited to, an analysis of the surface
and subsurface naval threats, the ballistic missile threat, the air
threat, and the threat to the military and civilian communications
links in Taiwan. The report shall include a review of the steps taken
by the armed forces of Taiwan to address its security situation.
(d) Communications Between United States and Taiwan Military
Commands.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall certify to the Committee on
International Relations and the Committee on Armed Services of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Armed Services of the Senate that direct secure
communications exist between the armed forces of the United States and
the armed forces of Taiwan.
(e) Relation to Arms Export Control Act.--Nothing in this section
supersedes or modifies the application of section 36 of the Arms Export
Control Act to the sale of any defense article or defense service under
this section.
SEC. 6. REPORT REGARDING THE ABILITY OF THE UNITED STATES TO RESPOND IN
ASIA-PACIFIC CONTINGENCIES THAT INCLUDE TAIWAN.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and updated as appropriate, the Secretary of
Defense shall prepare and submit to the chairmen and ranking minority
members of the Committee on International Relations and the Committee
on Armed Services of the House of Representatives and the Committee on
Foreign Relations and the Committee on Armed Services of the Senate a
report in classified and unclassified form on the ability of the United
States to successfully respond to a major contingency in the Asia-
Pacific region where United States interests on Taiwan are at risk.
(b) Contents.--The report described in subsection (a) shall
include--
(1) a description of planning on the national, operational,
and tactical levels to respond to, prosecute, and achieve
United States strategic objectives with respect to a major
contingency described in subsection (a); and
(2) a description of the confidence level of the Secretary
of Defense in United States military capabilities to
successfully respond to such a contingency.
(c) Preparation of Report.--In preparing the report under
subsection (a), the Secretary of Defense shall use the resources and
expertise of the relevant unified commands, military departments, the
combat support agencies, and the defense components of the intelligence
community, as required, and other such entities within the Department
of Defense as the Secretary considers necessary.
Passed the House of Representatives February 1, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Secretary of State, when considering foreign military sales to Taiwan, to take into account Taiwan's special status (including its defense needs in response to the military modernization and weapons procurement efforts by China) and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services.Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense (DOD) funds for the employment of additional technical staff at the American Institute in Taiwan.Directs the President to report annually to Congress with respect to Taiwan's defense needs.Directs the Secretary of Defense to implement a plan for the enhancement of programs for operational training and exchanges of senior officers between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to: (1) report annually to Congress on the security situation in the Taiwan Strait; and (2) certify to specified congressional committees that direct secure communications exist between the U.S. armed forces and the Taiwanese armed forces.Directs the Secretary of defense to report to specified congressional committees on the U.S. ability to successfully respond to a major contingency in the Asia-Pacific region where U.S. interests on Taiwan are at risk. | {"src": "billsum_train", "title": "Taiwan Security Enhancement Act"} | 1,514 | 289 | 0.626246 | 1.93738 | 0.866663 | 4.636 | 5.572 | 0.924 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Technology Retraining and Investment
Now Act for the 21st Century''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress hereby finds the following:
(1) The value added by workers in the United States and in
other countries is increasingly a function of the aggregate
knowledge acquired by workers through the aggregate educational
and training investments of both governments and businesses.
(2) The aggregate investment by governments of many of the
trading partners of the United States in the education and
training of knowledge workers in those countries has exceeded
the aggregate per-worker investment by Federal, State, and
local governments in the United States.
(3) The disparity is evidenced by the declining educational
performance of students in the United States compared to their
counterparts in other countries.
(4) In an increasingly global and competitive marketplace
it is becoming increasingly difficult for United States-based
businesses to fund worker education and training that is
provided at no cost for similar workers in other countries by
their governments.
(5) The current global workforce environment creates
increasing competitive pressures on domestic companies to
utilize highly educated knowledge workers in other countries.
(6) It is in the interest of the United States government,
national security, the preservation of a strong middle class,
and the welfare of our Nation's workers to reverse this trend
in a fashion that is consistent with trade obligations and the
ability of domestic companies to compete globally.
(7) Public-private partnerships work well in the United
States to advance the needs of our citizens, businesses and
communities. The research and development tax credit under
section 41 of the Internal Revenue Code of 1986 is just one
example of maximizing the use of each sector's strength,
reducing development risk and public capital investment, and
improving cost effectiveness.
(8) Businesses are most adept at training our workforce
because they train employees for available jobs, develop and
utilize new training methods, and eliminate ineffective
trainers and training programs.
(9) With a substantial number of baby boomers retiring over
the next 20 years, the United States has to ensure that it is
capable of training its workforce for the high paying
information and communications technology jobs, whose payroll
contributions will help support the benefit programs of these
retirees, as well as providing incentives to help mature
workers retrain for new jobs after they retire, if they desire.
(b) Purposes.--
(1) It is the purpose of this Act to encourage businesses
and individuals to support the educational development of
knowledge workers in the United States by providing incentives
for information and communications technology education and
training investments, for workers requiring the use of those
skills in professions such as information or communications
technology, engineering, manufacturing and other fields, and
for other purposes.
(2) By encouraging employers to train more incumbent
workers and potential employees in the areas necessary to
expand and maintain their businesses, the United States will
better utilize available training dollars and maximize the
ability of newly trained individuals to utilize their acquired
skills.
SEC. 3. CREDIT FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION
AND TRAINING PROGRAM EXPENSES.
(a) In General.--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:
``SEC. 30D. INFORMATION AND COMMUNICATIONS TECHNOLOGY EDUCATION AND
TRAINING PROGRAM EXPENSES.
``(a) Allowance of Credit.--
``(1) In general.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an
amount equal to 50 percent of information and communications
technology education and training program expenses paid or
incurred by the taxpayer for the benefit of--
``(A) in the case of a taxpayer engaged in a trade
or business, an employee of the taxpayer, or
``(B) in the case of a taxpayer who is an
individual not so engaged, such individual.
``(2) Coordination of credits.--Credit shall be allowable
to the employer with respect to an employee only to the extent
that the employee assigns some or all of the limitation
applicable to such employee under subsection (b) to such
employer.
``(b) Limitations.--
``(1) In general.--The amount of expenses with respect to
any individual which may be taken into account under subsection
(a) for the taxable year shall not exceed $4,000.
``(2) Increase in credit amount for participation in
certain programs and for certain individuals.--Paragraph (1)
shall be applied by substituting `$5,000' for `$4,000' in the
case of expenses--
``(A) with respect to a program operated--
``(i) in an empowerment zone or enterprise
community designated under part I of subchapter
U or a renewal community designated under part
I of subchapter X,
``(ii) in a school district in which at
least 50 percent of the students attending
schools in such district are eligible for free
or reduced-cost lunches under the school lunch
program established under the Richard B.
Russell National School Lunch Act,
``(iii) in an area designated as a disaster
area by the Secretary of Agriculture under
section 321 of the Consolidated Farm and Rural
Development Act or by the President under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act in the taxable year or
the 4 preceding taxable years,
``(iv) in a rural enterprise community
designated under section 766 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 1999 (112 Stat. 2681-37),
``(v) in an area designated by the
Secretary of Agriculture as a Rural Economic
Area Partnership Zone,
``(vi) in an area over which an Indian
tribal government (as defined in section
7701(a)(40)) has jurisdiction, or
``(vii) by an employer who has 200 or fewer
employees for each business day in each of 20
or more calendar weeks in the current or
preceding calendar year, or
``(B) in the case of an individual with a
disability.
``(c) Information Technology Education and Training Program
Expenses.--For purposes of this section--
``(1) In general.--The term `information technology
education and training program expenses' means expenses paid or
incurred by reason of the participation of the taxpayer (or any
employee of the taxpayer) in any information and communications
technology education and training program. Such expenses shall
include expenses paid in connection with--
``(A) course work,
``(B) certification testing,
``(C) programs carried out under the Act of August
16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et
seq.) which are registered by the Department of Labor,
and
``(D) other expenses that are essential to
assessing skill acquisition.
``(2) Information technology education and training
program.--The term `information technology education and
training program' means a training program in information and
communications technology workplace disciplines or other skill
sets which is provided in the United States by an accredited
college, university, private career school, postsecondary
educational institution, a commercial information technology
provider, or an employer-owned information technology training
organization.
``(3) Commercial information technology training
provider.--The term `commercial information technology training
provider' means a private sector organization providing an
information and communications technology education and
training program.
``(4) Employer-owned information technology training
organization.--The term `employer-owned information technology
training organization' means a private sector organization that
provides information technology training to its employees using
internal training development and delivery personnel. The
training programs must use industry-recognized training
disciplines and evaluation methods, comparable to institutional
and commercial training providers.
``(d) Denial of Double Benefit.--
``(1) Disallowance of other credits and deductions.--No
deduction or credit shall be allowed under any other provision
of this chapter for expenses taken into account in determining
the credit under this section.
``(2) Reduction for hope and lifetime learning credits.--
The amount taken into account under subsection (a) shall be
reduced by the information technology education and training
program expenses taken into account in determining the credits
under section 25A.
``(e) Certain Rules Made Applicable.--For purposes of this section,
rules similar to the rules of section 45A(e)(2) and subsections (c),
(d), and (e) of section 52 shall apply.
``(f) Application With Other Credits.--The credit allowed by
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax for the taxable year reduced by the
sum of the credits allowable under the subpart A and the
previous sections of this subpart, over
``(2) the tentative minimum tax for the taxable year.''.
(b) 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:
``Sec. 30D. Information and communications technology education and
training program expenses.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2006.
SEC. 4. ELIGIBLE EDUCATIONAL INSTITUTION.
(a) In General.--Section 25A(f)(2) of the Internal Revenue Code of
1986 (relating to eligible educational institution) is amended to read
as follows:
``(2) Eligible educational institution.--The term `eligible
educational institution' means--
``(A) an institution--
``(i) which is described in section 101(b)
or 102(a) of the Higher Education Act of 1965,
and
``(ii) which is eligible to participate in
a program under title IV of such Act, or
``(B) a commercial information and communications
technology training provider (as defined in section
30D(c)(3)).''
(b) Conforming Amendment.--The second sentence of section 221(d)(2)
of the Internal Revenue Code of 1986 is amended by striking ``section
25A(f)(2)'' and inserting ``section 25A(f)(2)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
SEC. 5. INFORMATION TECHNOLOGY TRAINING CERTIFICATION ADVISORY BOARD.
(a) Establishment.--There is established an Information Technology
Training Certification Advisory Board (in this section referred to as
the ``Board'').
(b) Membership.--The Board shall be composed of not more than seven
members appointed by the Secretary of the Treasury from among
individuals--
(1) associated with information technology certification
and training associations and businesses; and
(2) who are not officers or employees of the Federal
Government.
(c) Meetings.--The Board shall meet not less often than annually.
(d) Chairperson.--
(1) In general.--Subject to paragraph (2), the Board shall
elect a Chairperson from among its members.
(2) Chairperson.--The chairperson shall be an individual
who is a member of an information technology industry trade
association.
(e) Duties.--The Board shall develop guidelines for computer
science, information technology and directly related subjects for the
college courses, and a list of the information technology training and
certifications that qualify for the credit under section 30D of the
Internal Revenue Code of 1986, for approval by the Secretary of the
Treasury.
(f) Submission of List.--Not later than October 1, 2007, and each
year thereafter, the Board shall submit the list required under
subsection (e) to the Secretary of the Treasury.
(g) Board Personnel Matters.--
(1) Compensation of members.--Each member of the Board
shall serve without compensation.
(2) Travel expenses.--Each member of the Board 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 Board.
(h) Termination of the Board.--Section 14(b) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. | Technology Retraining and Investment Now Act for the 21st Century - Amends the Internal Revenue Code to allow a tax credit for 50 percent of the information and communications technology education and training program expenses of individuals and employees, up to $4,000 in a taxable year. Increases the allowable amount of such credit to $5,000 for expenses for a program operated: (1) in an empowerment zone, enterprise community, or renewal community; (2) in a school district in which at least 50 percent of the students are eligible for free or reduced-cost lunches; (3) in an federally-declared disaster area; (4) in certain rural areas receiving federal assistance; (5) in an Indian tribal jurisdiction; (6) by an employer with 200 or fewer employees during a specified period; or (7) for a disabled individual.
Defines "information technology education and training program expenses" to include: (1) course work; (2) certification testing; (3) apprenticeship programs registered by the Department of Labor; and (4) other expenses essential to assessing skill acquisition.
Redefines "eligible educational institution" to include a commercial information and communications technology training provider.
Establishes an Information Technology Training Certification Advisory Board to develop: (1) guidelines for computer science, information technology, and related college courses; and (2) a list of the information technology training and certifications that qualify for the tax credit established by this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income for certain education and training expenses, and for other purposes."} | 2,747 | 294 | 0.479053 | 1.639794 | 0.640654 | 3.007067 | 9.077739 | 0.929329 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biodiesel Tax Incentive Reform and
Extension Act of 2015''.
SEC. 2. EXTENSION AND REFORM OF BIODIESEL TAX INCENTIVES.
(a) Extension of Current Law Incentives.--
(1) Income tax credit.--Subsection (g) of section 40A is
amended by striking ``December 31, 2014'' and inserting ``March
31, 2016''.
(2) Excise tax incentives.--
(A) In general.--Paragraph (6) of section 6426(c)
is amended by striking ``December 31, 2014'' and
inserting ``March 31, 2016''.
(B) Payments.--Subparagraph (B) of section
6427(e)(6) is amended by striking ``December 31, 2014''
and inserting ``March 31, 2016''.
(C) Special rule for certain periods during 2015.--
Notwithstanding any other provision of law, in the case
of any biodiesel mixture credit properly determined
under section 6426(c) of the Internal Revenue Code of
1986 for periods after December 31, 2014, and on or
before the last day of the first calendar quarter
ending after the date of the enactment of this Act,
such credit shall be allowed, and any refund or payment
attributable to such credit (including any payment
under section 6427(e) of such Code) shall be made, only
in such manner as the Secretary of the Treasury (or the
Secretary's delegate) shall provide. Such Secretary
shall issue guidance within 30 days after the date of
the enactment of this Act providing for a one-time
submission of claims covering periods described in the
preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in
such manner as prescribed by such Secretary) to begin
not later than 30 days after such guidance is issued.
Such claims shall be paid by such Secretary not later
than 60 days after receipt. If such Secretary has not
paid pursuant to a claim filed under this subsection
within 60 days after the date of the filing of such
claim, the claim shall be paid with interest from such
date determined by using the overpayment rate and
method under section 6621 of such Code.
(3) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after December 31, 2014.
(b) Reform of Credit.--
(1) Income tax credit.--
(A) In general.--So much of section 40A as precedes
subsection (c) is amended to read as follows:
``SEC. 40A. BIODIESEL FUELS CREDIT.
``(a) In General.--For purposes of section 38, the biodiesel fuels
credit determined under this section for the taxable year is $1.00 for
each gallon of biodiesel produced by the taxpayer which during the
taxable year--
``(1) is sold by the taxpayer to another person--
``(A) for use by such other person's trade or
business as a fuel or in the production of a qualified
biodiesel mixture (other than casual off-farm
production), or
``(B) who sells such biodiesel at retail to another
person and places such biodiesel in the fuel tank of
such other person, or
``(2) is used by such taxpayer for any purpose described in
paragraph (1).
``(b) Increased Credit for Small Producers.--
``(1) In general.--In the case of any eligible small
biodiesel producer, subsection (a) shall be applied by
increasing the dollar amount contained therein by 10 cents.
``(2) Limitation.--Paragraph (1) shall only apply with
respect to the first 15,000,000 gallons of biodiesel produced
by any eligible small biodiesel producer during any taxable
year.''.
(B) Definitions and special rules.--Section 40A(d)
is amended by striking all that follows paragraph (1)
and inserting the following:
``(2) Qualified biodiesel mixture; biodiesel mixture.--
``(A) Qualified biodiesel mixture.--
``(i) In general.--The term `qualified
biodiesel mixture' means a biodiesel mixture
which is--
``(I) sold by the producer of such
mixture to any person for use as a
fuel, or
``(II) used by the producer of such
mixture as a fuel.
``(ii) Sale or use must be in trade or
business, etc.--A biodiesel mixture shall not
be treated as a qualified biodiesel mixture
unless the sale or use described in clause (i)
is in a trade or business of the person
producing the biodiesel mixture.
``(B) Biodiesel mixture.--The term `biodiesel
mixture' means a mixture which consists of biodiesel
and diesel fuel (as defined in section 4083(a)(3)),
determined without regard to any use of kerosene.
``(3) Biodiesel not used for a qualified purpose.--If--
``(A) any credit was determined with respect to any
biodiesel under this section, and
``(B) any person uses such biodiesel for a purpose
not described in subsection (a),
then there is hereby imposed on such person a tax equal to the
product of the rate applicable under subsection (a) and the
number of gallons of such biodiesel.
``(4) Pass-thru in the case of estates and trusts.--Under
regulations prescribed by the Secretary, rules similar to the
rules of subsection (d) of section 52 shall apply.
``(5) Limitation to biodiesel with connection to the united
states.--
``(A) In general.--No credit shall be determined
under subsection (a) with respect to biodiesel unless
such biodiesel is produced in the United States from
qualified feedstocks. For purposes of this paragraph,
the term `United States' includes any possession of the
United States.
``(B) Qualified feedstocks.--For purposes of
subparagraph (A), the term `qualified feedstock' means
any feedstock which is allowable for a fuel that is
assigned a D-Code of 4 under table 1 of section
80.1426(f) of title 40, Code of Federal Regulations.''.
(C) Rules for small biodiesel producers.--
(i) In general.--Section 40A(e) is
amended--
(I) by striking ``agri-biodiesel''
each place it appears in paragraphs (1)
and (5)(A) and inserting ``biodiesel'',
(II) by striking ``subsection
(b)(4)(C)'' each place it appears in
paragraphs (2) and (3) and inserting
``subsection (b)(2)'', and
(III) by striking ``subsection
(a)(3)'' each place it appears in
paragraphs (5)(A), (6)(A)(i), and
(6)(B)(i) and inserting ``subsection
(b)''.
(ii) The heading for subsection (e) of
section 40A is amended by striking ``Agri-
biodiesel'' and inserting ``Biodiesel''.
(iii) The headings for paragraphs (1) and
(6) of section 40A(e) are each amended by
striking ``agri-biodiesel'' and inserting
``biodiesel''.
(D) Renewable diesel.--
(i) In general.--Paragraph (3) of section
40A(f) is amended to read as follows:
``(3) Renewable diesel defined.--
``(A) In general.--The term `renewable diesel'
means liquid fuel derived from biomass which--
``(i) is not a mono-alkyl ester,
``(ii) can be used in engines designed to
operate on conventional diesel fuel, and
``(iii) meets the requirements for any
Grade No. 1-D fuel or Grade No. 2-D fuel
covered under the American Society for Testing
and Materials specification D-975-13a.
``(B) Exceptions.--Such term shall not include--
``(i) any liquid with respect to which a
credit may be determined under section 40,
``(ii) any fuel derived from coprocessing
biomass with a feedstock which is not biomass,
or
``(iii) any fuel that is not chemically
equivalent to petroleum diesel fuels that can
meet fuel quality specifications applicable to
diesel fuel, gasoline, or aviation fuel.
``(C) Biomass.--For purposes of this paragraph, the
term `biomass' has the meaning given such term by
section 45K(c)(3).''.
(ii) Conforming amendments.--Section 40A(f)
is amended--
(I) by striking ``Subsection
(b)(4)'' in paragraph (2) and inserting
``Subsection (b)'', and
(II) by striking paragraph (4) and
inserting the following:
``(4) Certain aviation fuel.--Except as provided paragraph
(3)(B), the term `renewable diesel' shall include fuel derived
from biomass which meets the requirements of a Department of
Defense specification for military jet fuel or an American
Society of Testing and Materials specification for aviation
turbine fuel.''.
(E) Termination.--Subsection (g) of section 40A, as
amended by subsection (a)(1), is amended by striking
``March 31, 2016'' and inserting ``December 31, 2018''.
(F) Clerical amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 is
amended by striking the item relating to section 40A
and inserting the following new item:
``Sec. 40A. Biodiesel fuels credit.''.
(2) Reform of excise tax credit.--
(A) In general.--Subsection (c) of section 6426, as
amended by subsection (a)(2)(A), is amended to read as
follows:
``(c) Biodiesel Production Credit.--
``(1) In general.--For purposes of this section, the
biodiesel production credit is $1.00 for each gallon of
biodiesel produced by the taxpayer and which--
``(A) is sold by such taxpayer to another person--
``(i) for use by such other person's trade
or business as a fuel or in the production of a
qualified biodiesel mixture (other than casual
off-farm production), or
``(ii) who sells such biodiesel at retail
to another person and places such biodiesel in
the fuel tank of such other person, or
``(B) is used by such taxpayer for any purpose
described in subparagraph (A).
``(2) Definitions.--Any term used in this subsection which
is also used in section 40A shall have the meaning given such
term by section 40A.
``(3) Termination.--This subsection shall not apply to any
sale, use, or removal after December 31, 2018.''.
(B) Producer registration requirement.--Subsection
(a) of section 6426 is amended by striking
``subsections (d) and (e)'' in the flush sentence at
the end and inserting ``subsections (c), (d), and
(e)''.
(C) Recapture.--
(i) In general.--Subsection (f) of section
6426 is amended--
(I) by striking ``or biodiesel''
each place it appears in subparagraphs
(A) and (B)(i) of paragraph (1),
(II) by striking ``or biodiesel
mixture'' in paragraph (1)(A), and
(III) by redesignating paragraph
(2) as paragraph (3) and by inserting
after paragraph (1) the following new
paragraph:
``(2) Biodiesel.--If any credit was determined under this
section or paid pursuant to section 6427(e) with respect to the
production of any biodiesel and any person uses such biodiesel
for a purpose not described in subsection (c)(1), then there is
hereby imposed on such person a tax equal to $1 for each gallon
of such biodiesel.''.
(ii) Conforming amendments.--
(I) Paragraph (3) of section
6426(f), as redesignated by clause
(i)(III), is amended by inserting ``or
(2)'' after ``paragraph (1)''.
(II) The heading for paragraph (1)
of section 6426(f) is amended by
striking ``Imposition of tax'' and
inserting ``In general''.
(D) Limitation.--Section 6426(i) is amended--
(i) in paragraph (2)--
(I) by striking ``biodiesel or'',
and
(II) by striking ``Biodiesel and''
in the heading, and
(ii) by inserting after paragraph (2) the
following new paragraph:
``(3) Biodiesel.--No credit shall be determined under
subsection (a) with respect to biodiesel unless such biodiesel
is produced in the United States from qualified feedstocks (as
defined in section 40A(d)(5)(B)).''.
(E) Clerical amendments.--
(i) The heading of section 6426 is amended
by striking ``alcohol fuel, biodiesel, and
alternative fuel mixtures'' and inserting
``alcohol fuel mixtures, biodiesel production,
and alternative fuel mixtures''.
(ii) The item relating to section 6426 in
the table of sections for subchapter B of
chapter 65 is amended by striking ``alcohol
fuel, biodiesel, and alternative fuel
mixtures'' and inserting ``alcohol fuel
mixtures, biodiesel production, and alternative
fuel mixtures''.
(3) Reform of excise payments of credit.--Subsection (e) of
section 6427 is amended--
(A) by striking ``or the biodiesel mixture credit''
in paragraph (1),
(B) by redesignating paragraphs (3) through (6) as
paragraphs (4) through (7), respectively, and by
inserting after paragraph (2) the following new
paragraph:
``(3) Biodiesel production credit.--If any person produces
biodiesel and sells or uses such biodiesel as provided in
section 6426(c)(1), the Secretary shall pay (without interest)
to such person an amount equal to the biodiesel production
credit with respect to such biodiesel.'',
(C) by striking ``paragraph (1) or (2)'' each place
it appears in paragraphs (4) and (6), as redesignated
by subparagraph (B), and inserting ``paragraph (1),
(2), or (3)'',
(D) by striking ``alternative fuel'' each place it
appears in paragraphs (4) and (6), as redesignated by
subparagraph (B), and inserting ``fuel'', and
(E) in paragraph (7)(B) (as amended by subsection
(a)(2)(B) and redesignated by subparagraph (B)) (2)--
(i) by striking ``biodiesel mixture (as
defined in section 6426(c)(3))'' and inserting
``biodiesel (within the meaning of section
40A)'', and
(ii) by striking ``March 31, 2016'' and
inserting ``December 31, 2018''.
(4) Guidance.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the
Secretary's delegate, shall issue preliminary guidance with
respect to the amendments made by this subsection.
(5) Effective date.--The amendments made by this subsection
shall apply to fuel sold or used after March 31, 2016. | Biodiesel Tax Incentive Reform and Extension Act of 2015 This bill amends the Internal Revenue Code to: (1) extend through March 31, 2016, the income tax credit for biodiesel and renewable diesel used as fuel and the excise tax credit for biodiesel fuel mixtures, (2) allow through 2018 a new income and excise tax credit equal to $1.00 for each gallon of biodiesel produced, and (3) provide for an increased credit for small biodiesel producers. | {"src": "billsum_train", "title": "Biodiesel Tax Incentive Reform and Extension Act of 2015"} | 3,646 | 106 | 0.549496 | 1.362483 | 0.683061 | 2.556818 | 35.636364 | 0.943182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair and Independent Federal
Judiciary Act of 2003''.
SEC. 2. SALARY ADJUSTMENTS.
(a) Restoration of Statutory Cost-of-Living Adjustments.--The
annual salaries for justices and judges are the following:
(1) Chief Justice of the Supreme Court, $211,300.
(2) Associate Justices of the Supreme Court, $202,100.
(3) Judges, Court of Appeals, $174,600.
(4) Judges, Court of Military Appeals, $174,600.
(5) Judges, District Court, $164,700.
(6) Judges, Court of Federal Claims, $164,700.
(7) Judges, Court of International Trade, $164,700.
(8) Judges, Tax Court, $164,700.
(9) Judges, Bankruptcy, $151,524.
(b) Effective Date.--This section shall take effect on the first
day of the first applicable pay period beginning on or after the date
of enactment of this Act.
SEC. 3. REPEAL OF ANNUAL CONGRESSIONAL AUTHORIZATION FOR COST OF LIVING
ADJUSTMENT.
Section 140 of Public Law 97-92 (28 U.S.C. 461 note) is repealed.
SEC. 4. SURVIVOR BENEFITS UNDER JUDICIAL SYSTEM AND OTHER SYSTEMS.
(a) Creditable Years of Service.--Section 376 of title 28, United
States Code, is amended--
(1) in subsection (k)(3), by striking the colon through
``this section''; and
(2) in subsection (r), by striking the colon through
``other annuity''.
(b) Notification Period for Survivor Annuity Coverage.--
(1) In general.--Section 376 (a)(1) of title 28, United
States Code, is amended in the matter following subparagraph
(G) by striking ``six months'' and inserting ``1 year''.
(2) Effective date.--This subsection shall take effect on
the date of enactment of this Act and apply only to written
notifications received by the Director of the Administrative
Office of the United States Courts after the dates described
under clause (i) or (ii) in the matter following subparagraph
(G) of section 376 (a)(1) of title 28, United States Code.
SEC. 5. CITIZENS' COMMISSION ON PUBLIC SERVICE AND COMPENSATION.
(a) Appointments.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the President shall appoint members to
the Citizens' Commission on Public Service and Compensation
under section 225 of the Federal Salary Act of 1967 (2 U.S.C.
351 et seq.).
(2) Membership.--Section 225(b) of the Federal Salary Act
of 1967 (2 U.S.C. 352) is amended--
(A) by striking paragraph (1) and inserting the
following:
``(1) The Commission shall be composed of 11 members, who
shall be appointed from private life by the President. No more
than 6 members of the Commission may be affiliated with the
same political party.'';
(B) by striking paragraph (4); and
(C) by redesignating paragraphs (5) through (8) as
paragraphs (4) through (7), respectively.
(3) Quadrennial application.--Section 225(b)(8)(B) of the
Federal Salary Act of 1967 (2 U.S.C. 352(8)(B)), is amended in
the first sentence by striking ``1993'' each place that term
appears and inserting ``2006'' in each such place.
(b) Report.--The Citizens' Commission on Public Service and
Compensation shall prepare a report in accordance with section 225 of
the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.) with respect to
fiscal year 2003 and every fourth fiscal year thereafter.
SEC. 6. JUDICIAL EDUCATION FUND.
(a) Establishment.--Chapter 42 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 630. Judicial Education Fund
``(a) In this section, the term--
``(1) `institution of higher education' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
``(2) `private judicial seminar'--
``(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
``(B) does not include--
``(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
``(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
``(iii) seminars of any length conducted
by, and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants;
``(3) `national bar association' means a national
organization that is open to general membership to all members
of the bar; and
``(4) `State or local bar association' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
``(b) There is established within the United States Treasury a fund
to be known as the `Judicial Education Fund' (in this section referred
to as the `Fund').
``(c) Amounts in the Fund may be made available for the payment of
necessary expenses, including reasonable expenditures for
transportation, food, lodging, private judicial seminar fees and
materials, incurred by a judge or justice in attending a private
judicial seminar approved by the Board of the Federal Judicial Center.
Necessary expenses shall not include expenditures for recreational
activities or entertainment other than that provided to all attendees
as an integral part of the private judicial seminar. Any payment from
the Fund shall be approved by the Board.
``(d) The Board may approve a private judicial seminar after
submission of information by the sponsor of that private judicial
seminar that includes--
``(1) the content of the private judicial seminar
(including a list of presenters, topics, and course materials);
and
``(2) the litigation activities of the sponsor and the
presenters at the private judicial seminar (including the
litigation activities of the employer of each presenter) on the
topic related to those addressed at the private judicial
seminar.
``(e) If the Board approves a private judicial seminar, the Board
shall make the information submitted under subsection (d) relating to
the private judicial seminar available to judges and the public by
posting the information on the Internet.
``(f) The Judicial Conference shall promulgate guidelines to ensure
that the Board only approves private judicial seminars that are
conducted in a manner so as to maintain the public's confidence in an
unbiased and fair-minded judiciary.
``(g) There are authorized to be appropriated for deposit in the
Fund $2,000,000 for each of fiscal years 2003, 2004, and 2005, to
remain available until expended.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 42 of title 28, United States Code, is amended by adding at the
end the following:
``630. Judicial Education Fund.''.
SEC. 7. PRIVATE JUDICIAL SEMINAR GIFTS PROHIBITED.
(a) Definitions.--In this section, the term--
(1) ``institution of higher education'' has the meaning
given under section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a));
(2) ``private judicial seminar''--
(A) means a seminar, symposia, panel discussion,
course, or a similar event that provides continuing
legal education to judges; and
(B) does not include--
(i) seminars that last 1 day or less and
are conducted by, and on the campus of, an
institute of higher education;
(ii) seminars that last 1 day or less and
are conducted by national bar associations or
State or local bar associations for the benefit
of the bar association membership; or
(iii) seminars of any length conducted by,
and on the campus of an institute of higher
education or by national bar associations or
State or local bar associations, where a judge
is a presenter and at which judges constitute
less than 25 percent of the participants.
(3) ``national bar association'' means a national
organization that is open to general membership to all members
of the bar; and
(4) ``State or local bar association'' means a State or
local organization that is open to general membership to all
members of the bar in the specified geographic region.
(b) In General.--Not later than 240 days after the date of
enactment of this Act, the Judicial Conference of the United States
shall promulgate regulations to apply section 7353(a) of title 5,
United States Code, to prohibit the solicitation or acceptance of
anything of value in connection with a private judicial seminar.
(c) Exception.--The prohibition under the regulations promulgated
under subsection (b) shall not apply if--
(1) the judge participates in a private judicial seminar as
a speaker, panel participant, or otherwise presents
information;
(2) Federal judges are not the primary audience at the
private judicial seminar; and
(3) the thing of value accepted is--
(A) reimbursement from the private judicial seminar
sponsor of reasonable transportation, food, or lodging
expenses on any day on which the judge speaks,
participates, or presents information, as applicable;
(B) attendance at the private judicial seminar on
any day on which the judge speaks, participates, or
presents information, as applicable; or
(C) anything excluded from the definition of a gift
under regulations of the Judicial Conference of the
United States under sections 7351 and 7353 of title 5,
United States Code, as in effect on the date of
enactment of this Act.
SEC. 8. RECUSAL LISTS.
Section 455 of title 28, United States Code, is amended by adding
at the end the following:
``(g)(1) Each justice, judge, and magistrate of the United States
shall maintain a list of all financial interests that would require
disqualification under subsection (b)(4).
``(2) Each list maintained under paragraph (1) shall be made
available to the public at the office of the clerk for the court at
which a justice, judge, or magistrate is assigned.''.
SEC. 9. AVOIDING IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY IN ALL
ACTIVITIES.
In accordance with the Code of Conduct for United States Judges, a
judge must avoid all impropriety and appearance of impropriety. The
prohibition against behaving with impropriety applies to both the
professional and personal conduct of a judge. Therefore, a judge should
not hold membership in any organization, except for religious or
fraternal organizations, that practices discrimination on the basis of
race, gender, religion, or national origin. | Fair and Independent Federal Judiciary Act of 2003 - Increases salaries for justices of the Supreme Court and for district court and other specified judges. Repeals Federal law that requires specific congressional authorization for salary increases for Federal judges and Supreme Court justices.Modifies provisions regarding survivor annuity benefits, including to increase the notification period for survivor annuity coverage for a judge of the U.S. Court of Federal Claims.Directs the President to appoint members to the Citizens' Commission on Public Service and Compensation pursuant to the Federal Salary Act of 1967.Amends the Federal judicial code to: (1) establish within the Treasury a Judicial Education Fund for the payment of necessary expenses incurred by a judge or justice in attending a private judicial seminar approved by the Board of the Federal Judicial Center; and (2) require each justice, judge, and magistrate of the United States to maintain a list (to be made available to the public) of all financial interests that would require disqualification.Directs the Judicial Conference of the United States to promulgate regulations to prohibit the solicitation or acceptance of anything of value in connection with a private judicial seminar, with exceptions.Requires a judge to avoid all impropriety and appearance of impropriety. Makes the prohibition against behaving with impropriety applicable to both the professional and personal conduct of a judge. Prohibits a judge from holding membership in any organization, except for religious or fraternal organizations, that practices discrimination on the basis of race, gender, religion, or national origin. | {"src": "billsum_train", "title": "A bill to provide for the fair treatment of the Federal judiciary relating to compensation and benefits, and to instill greater public confidence in the Federal courts."} | 2,571 | 354 | 0.474096 | 1.483798 | 0.795383 | 5.083032 | 8.364621 | 0.924188 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education for Retirement Security
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Improving economic and financial literacy is a critical
and complex task for Americans of all ages.
(2) Low levels of savings and high levels of personal and
real estate debt are serious problems for many households
nearing retirement.
(3) Historically, Americans are living longer than ever
before. However, most Americans are retiring before the age of
65.
(4) Research suggests that many Americans are not prepared
to plan for their retirement and may have to work far longer
than they expect in order to be financially secure in
retirement.
(5) In 2005, only 42 percent of workers or their spouses
calculated the amount they needed to save for retirement, down
from 53 percent in 2000.
(6) Only 53 percent of working Americans have any form of
pension coverage. Three out of 4 women aged 65 or older receive
no income from employer-provided pensions.
(7) The limited timeframe that midlife and older
individuals and families have to assess the realities of their
individual circumstances, to recover from counterproductive
choices and decisionmaking processes, and to benefit from more
informed financial practices, has immediate impact and near-
term consequences for Americans nearing or of retirement age.
(8) Research indicates that there are now 4 basic sources
of retirement income security. Those sources are social
security benefits, pensions and savings, healthcare insurance
coverage, and, for an increasing number of older individuals,
necessary earnings from working during one's retirement years.
(9) Over the next 30 years, the number of older individuals
in the United States is expected to double, from 35,000,000 to
nearly 75,000,000, and long-term care costs are expected to
skyrocket.
(10) Financial exploitation is the largest single category
of abuse against older individuals and this population
comprises more than \1/2\ of all telemarketing victims in the
United States.
(11) The Federal Trade Commission (FTC) Identity Theft Data
Clearinghouse has reported that incidents of identity theft
targeting individuals older than the age of 60 increased from
1,821 victims in 2000 to 21,084 victims in 2004, an increase of
more than 11 times in number.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as the term ``Native
Corporation'' under section 3 of the Alaska Native Claim
Settlement Act (43 U.S.C. 1602).
(2) Economic and financial education.--The term ``economic
and financial education'' means education that--
(A) promotes an understanding of consumer,
economic, and personal finance concepts, including--
(i) basic economic concepts such as supply
and demand and opportunity cost; and
(ii) basic financial literacy concepts such
as the importance of budgeting and money
management, saving, retirement planning, and
maintaining good credit;
(B) includes information regarding predatory
lending and financial abuse schemes; and
(C) is based on recognized economic and financial
education standards.
(3) Eligible area entity.--The term ``eligible area
entity'' means an entity that is--
(A) a State agency, area agency on aging, Indian
tribal organization, Alaska Native Corporation, or
Native Hawaiian organization;
(B) a nonprofit organization with a proven record
of providing--
(i) services to midlife and older
individuals;
(ii) consumer awareness programs; or
(iii) supportive services to low-income
families; or
(C) a partnership comprised of 2 or more entities
described in subparagraph (A) or (B).
(4) Eligible entity.--The term ``eligible entity'' means a
national organization with substantial experience in the field
of economic and financial education.
(5) Midlife.--The term ``midlife'', when used with respect
to an individual, means an individual aged 45 to 64 years.
(6) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means any organization that--
(A) serves and represents the interests of Native
Hawaiians; and
(B) has as a primary and stated purpose the
provision of services to Native Hawaiians.
(7) Older.--The term ``older'', when used with respect to
an individual, means an individual aged 65 or older.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 4. PURPOSE AND GOALS.
(a) Purpose.--The purpose of this Act is to promote economic and
financial literacy among midlife and older individuals, and to reduce
financial abuse and fraud among such individuals, through providing
assistance to organizations for economic and financial education
programs.
(b) Goals.--The goals of this Act are--
(1) to increase the knowledge of economic and financial
literacy among midlife and older individuals to enable the
individuals to make informed financial decisions; and
(2) to reduce the amount of financial abuse and fraud among
midlife and older individuals.
SEC. 5. GRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND RETIREMENT
LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG
MIDLIFE AND OLDER AMERICANS.
(a) Program Authorized.--From amounts appropriated under section 8,
the Secretary is authorized to award a grant to a national entity to
enable the national entity to carry out the subgrant program for
economic and financial education under section 6.
(b) Application.--A national entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such form, and containing such information as the Secretary may
require, including a plan for continuing to carry out the program under
this section after the grant expires.
(c) Limitation on Administrative Costs.--A national entity
receiving a grant under this section may not use more than 5 percent of
the total amount of the grant for each fiscal year for the
administrative costs of carrying out the program under this section.
(d) Evaluation.--The Secretary shall evaluate the programs that
receive grant funds under this section in order to judge the
performance of such programs.
(e) Report.--For each fiscal year for which grants are awarded
under this section, the Secretary shall prepare and submit to Congress
a report on the program under this section, which report shall include
information from the evaluation under subsection (d) and the
evaluations under section 6(e).
SEC. 6. SUBGRANT PROGRAM TO ENHANCE ECONOMIC, FINANCIAL, AND RETIREMENT
LITERACY AND REDUCE FINANCIAL ABUSE AND FRAUD AMONG
MIDLIFE AND OLDER AMERICANS.
(a) Subgrants Authorized.--A national entity that receives a grant
under section 5 shall use grant funds to award subgrants to eligible
area entities to enable the eligible area entities to deliver economic
and financial education programs to midlife and older individuals who
reside in local communities, in order to--
(1) enhance financial and retirement knowledge among such
individuals; and
(2) reduce financial abuse and fraud, including
telemarketing, mortgage, and pension fraud, and identity theft
among such individuals.
(b) Application.--An eligible area entity desiring a subgrant under
this section shall submit an application to the national entity
awarding the subgrants at such time, in such form, and containing such
information as the national entity may require, including a plan for
continuing the programs assisted with subgrant funds under this section
after the subgrant expires.
(c) Award Basis.--In awarding subgrants under this section, a
national entity shall--
(1) give special consideration to eligible area entities
that are partnerships described in section 3(3)(C); and
(2) give priority to programs previously funded by a
subgrant under this section that the Secretary judges effective
under the evaluation described in subsection (e)(2)(A).
(d) Limitation on Administrative Costs.--An eligible area entity
receiving a subgrant under this section may not use more than 5 percent
of the total amount of the subgrant in each fiscal year for the
administrative costs of carrying out the program under this section.
(e) Evaluation and Report.--
(1) Establishment of performance measures.--A national
entity awarding subgrants under this section shall develop
measures to evaluate the programs that receive subgrant funds.
(2) Evaluation according to performance measures.--Applying
the performance measures developed under paragraph (1), a
national entity awarding subgrants under this section shall
evaluate the programs that receive subgrant funds in order to--
(A) judge the performance and effectiveness of such
programs;
(B) identify which programs represent the best
practices of entities developing such programs for
midlife and older individuals;
(C) identify which programs may be replicated; and
(D) assess any behavioral change, as well as asset
accumulation, made by program participants.
(3) Submission to congress.--For each fiscal year for which
a national entity awards subgrants under this section, the
national entity shall submit to the Secretary a report
containing--
(A) a description of the status of the subgrant
program under this section;
(B) a description of the programs provided with
subgrant funds under this section; and
(C) the results of the evaluation of such programs
under paragraph (2).
SEC. 7. NATIONAL TRAINING AND TECHNICAL ASSISTANCE PROGRAM.
(a) Authority.--The Secretary is authorized to award a grant to 1
or more eligible entities to--
(1) create and make available instructional materials and
information that promote economic and financial education; and
(2) provide training and other related assistance regarding
the establishment of economic and financial education programs
to eligible area entities awarded a subgrant under section 6.
(b) Application.--An eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time, in
such form, and containing such information as the Secretary may
require.
(c) Basis and Term.--The Secretary shall award a grant under this
section on a competitive, merit basis for a term of 3 years.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization.--There are authorized to be appropriated to
carry out this Act, $100,000,000 for each of the fiscal years 2007
through 2010.
(b) Limitation on Funds for Evaluation and Report.--The Secretary
may not use more than $500,000 of the amounts appropriated under
subsection (a) for each fiscal year to carry out section 6(e).
(c) Limitation on Funds for Training and Technical Assistance.--The
Secretary may not use less than 5 percent or more than 10 percent of
the amounts appropriated under subsection (a) for each fiscal year to
carry out section 7. | Education for Retirement Security Act of 2006 - Authorizes the Secretary of Health and Human Services to award a grant to a national entity to carry out a subgrant program for economic and financial education. Requires a grant recipient to award subgrants to enable eligible area entities to deliver economic and financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance financial and retirement knowledge; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud and identity theft.
Authorizes the Secretary to award grants to eligible entities to: (1) create and make available materials and information that promote economic and financial education; and (2) provide training and assistance regarding the establishment of economic and financial education programs to eligible area entities awarded a subgrant. | {"src": "billsum_train", "title": "A bill to establish a grant program to enhance the economic and financial literacy of midlife and older Americans so as to enhance their retirement security and to reduce financial abuse and fraud among such Americans, and for other purposes."} | 2,381 | 170 | 0.428323 | 1.276923 | 0.582895 | 5.346154 | 13.929487 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brooke Amendment Restoration Act''.
SEC. 2. DISCRETION FOR PUBLIC HOUSING AGENCIES TO ESTABLISH RENTAL
CONTRIBUTIONS OF LESS, BUT NOT MORE, THAN 30 PERCENT OF
ASSISTED FAMILIES' INCOMES.
The third sentence of section 3(a)(1) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(a)(1)) is amended by inserting ``an amount
(determined by the public housing agency) that does not exceed'' before
``the highest of the following amounts''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 8 Vouchers.--Section 8(o) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)) is amended--
(1) in paragraph (2), by inserting ``an amount (determined
by the public housing agency) that is not less than'' after
``shall be''; and
(2) in paragraph (11)(B)(ii), by inserting ``an amount
(determined by the public housing agency) that is not less
than'' after ``shall be''.
(b) Section 8 Certificates.--Section 8(c)(3) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(3)(A)) is amended--
(1) in subparagraph (A), by striking the first sentence and
inserting the following new sentence: ``The amount of the
monthly assistance payment with respect to any dwelling unit
shall be the difference between the maximum monthly rent which
the contract provides that the owner is to receive for the unit
and (i) in the case of tenant-based assistance, the rent the
family is required by the public housing agency to pay pursuant
to section 3(a), and (ii) in the case of project-based
assistance, the maximum amount of rent authorized to be charged
under section 3(a) to the family.''; and
(2) in subparagraph (B)(i), in the matter preceding
subclause (I), by striking ``that'' and inserting ``the maximum
amount''.
(c) Section 8 Assistance for Manufactured Homes.--Section 8(j) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(j)) is amended--
(1) in paragraph (2)(B), by striking ``to pay under'' and
inserting ``by the public housing agency (or in the case of
contracts under paragraph (1)(B), the Secretary) to pay
pursuant to''; and
(2) in paragraph (3)(B), by striking ``to pay under'' and
inserting ``by the public housing agency (or in the case of
contracts under paragraph (1)(B), the Secretary) to pay
pursuant to''.
(d) Section 8 Homeownership.--Section 8(y)(2)(A) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(y)(2)(A)) is amended by
striking ``30 percent of the family's monthly adjusted income'' and
inserting ``the amount the family is required by the public housing
agency to pay pursuant to section 3(a)''.
(e) Public Housing Homeownership and Management Opportunities.--
Section 21(b)(4)(B) of the United States Housing Act of 1937 (42 U.S.C.
1437s(b)(4)(B)) is amended by striking ``required'' and inserting ``the
maximum amount authorized''.
(f) Documentation of Excessive Rent Burdens.--Section 550(b)(2) of
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 1437f
note) is amended by striking ``amount determined'' each place it
appears and inserting ``maximum amount authorized''.
(g) Public Housing Mixed-Income New Communities Strategy
Demonstration.--Section 522(e)(4) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking
``equal to'' and inserting ``not exceeding''.
(h) Supportive Housing for Elderly Families.--Section 202(c) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``any part
of the'';
(B) in the first sentence, by striking ``is not
met'' and inserting ``are not met''; and
(C) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
determined assuming tenant rent contributions of the
maximum amount allowable under paragraph (3)''; and
(2) in paragraph (3), by inserting ``an amount that does
not exceed'' before ``the highest''.
(i) Supportive Housing for Persons With Disabilities.--Section
811(d) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)) is amended--
(1) in paragraph (2)--
(A) in the first sentence, by striking ``any part
of the'';
(B) in the first sentence, by striking ``is not
met'' and inserting ``are not met''; and
(C) in the second sentence, by inserting before the
period at the end the following: ``, and shall be
determined assuming tenant rent contributions of the
maximum amount allowable under paragraph (3)''; and
(2) in paragraph (3), by inserting ``an amount that does
not exceed'' before ``the higher''.
(j) Grants for Community Residences for Persons With AIDS.--Section
861(b)(1)(B) of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12910(b)(1)(B)) is amended--
(1) in the matter preceding clause (i), by striking ``an
amount equal to the following'' and inserting ``the following
amount''; and
(2) in clause (i), by striking ``the amount of rent'' and
inserting ``an amount that does not exceed the maximum amount
of rent authorized to be''.
(k) HOME Program.--The second sentence of section 215(a)(3) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12745(a)(3)) is amended by inserting ``an amount (determined by the
participating jurisdiction that provides the assistance for the
housing) that does not exceed'' after ``pay as rent''.
(l) Section 236 Rental Assistance.--Section 236(f) of the National
Housing Act (12 U.S.C. 1715z-1(f)) is amended--
(1) in paragraph (1)--
(A) in the second sentence, by striking
``represents'' and inserting ``does not exceed'';
(B) in the fourth sentence, by striking
``represents'' and inserting ``does not exceed''; and
(C) in the fifth sentence, by striking clause (ii)
and inserting the following new clause:
``(ii) to permit a decrease of the amount otherwise charged
for rental for such dwelling units by such an amount as the
Secretary determines represents a proportionate decrease for
the utility charges to be paid by such tenant.''; and
(2) in paragraph (2)--
(A) in the second sentence, by inserting ``that
would be'' before ``required''; and
(B) by inserting after subparagraph (C) the
following new sentence:
``Notwithstanding the amount of additional assistance payments
determined under the preceding sentence, the amount of rent paid by the
tenant may be established at an amount less than the highest of the
amounts under subparagraphs (A), (B), and (C), and establishment of
such rent shall not affect the amount of the additional assistance
payments under this paragraph.''.
(m) Tenant Rent Increases.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by
striking ``an amount'' and all that follows through ``payment for the
tenant'' and inserting ``the amount that the tenant pays for rent
pursuant to''.
(n) Shelter Plus Care Program for Homeless Families.--Section 458
of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403e-2)
is amended by striking ``in accordance with the provisions of'' and
inserting ``by the recipient that does not exceed the maximum amount
authorized under''.
(o) Housing for Rural Homeless and Migrant Farm Workers.--Section
516(k)(3)(D) of the Housing Act of 1949 (42 U.S.C. 1486(k)(3)(D)) is
amended by striking ``in accordance with the provisions of'' and
inserting ``by the recipient that does not exceed the maximum amount
authorized under''.
(p) Rural Housing Voucher Program.--The third sentence of section
542(a) of the Housing Act of 1949 (42 U.S.C. 1490r(a)) is amended by
inserting ``an amount that is not less than'' after ``shall be''.
SEC. 3. RULE OF CONSTRUCTION.
(a) In General.--The amendments made by this Act may not be
construed to authorize, result in, or require any increase in the
amount of assistance provided by the Secretary of Housing and Urban
Development--
(1) to any public housing agency under any annual
contributions contract for tenant-based rental or homeownership
assistance under section 8 of the United States Housing Act of
1937; or
(2) under any contract or other arrangement under any
program for housing assistance that is subject to any provision
so amended.
(b) Exception for Public Housing.--Subsection (a) shall not apply
to any amendment made by this Act that relates to assistance for public
housing to the extent only that such amendment relates to assistance
for such housing. To the extent that the amendment affects assistance
for other housing, subsection (a) shall apply to the amendment. | Brooke Amendment Restoration Act - Amends the following Acts with respect to certain housing program rental contributions: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the National Housing Act; (5) the Housing and Urban-Rural Recovery Act of 1983; (6) the Stewart B. Mckinney Homeless Assistance Act; and (7) the Housing Act of 1949. | {"src": "billsum_train", "title": "Brooke Amendment Restoration Act"} | 2,400 | 99 | 0.495081 | 1.235903 | 0.000436 | 3.457447 | 20.978723 | 0.925532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Dispute Resolution and
Settlement Encouragement Act''.
SEC. 2. ARBITRATION IN DISTRICT COURTS.
(a) Authorization of Appropriations.--Section 905 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended
in the first sentence by striking ``for each of the fiscal years 1994
through 1997''.
(b) Arbitration To Be Ordered in All District Courts.--
(1) Authorization of arbitration.--Section 651(a) of title
28, United States Code, is amended to read as follows:
``(a) Authority.--Each United States district court shall authorize
by local rule the use of arbitration in civil actions, including
adversary proceedings in bankruptcy, in accordance with this
chapter.''.
(2) Actions referred to arbitration.--Section 652(a) of
title 28, United States Code, is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``and section 901(c)'' and all
that follows through ``651'' and inserting ``a
district court''; and
(ii) in subparagraph (B) by striking
``$100,000'' and inserting ``$150,000''; and
(B) in paragraph (2) by striking ``$100,000'' and
inserting ``$150,000''.
(3) Certification of arbitrators.--Section 656(a) of title
28, United States Code, is amended by striking ``listed in
section 658''.
(4) Removal of limitation.--Section 658 of title 28, United
States Code, and the item relating to such section in the table
of sections at the beginning of chapter 44 of title 28, United
States Code, are repealed.
(c) Conforming Amendment.--Section 901 of the Judicial Improvements
and Access to Justice Act (28 U.S.C. 652 note) is amended by striking
subsection (c).
SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL
DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT.
Section 1332 of title 28, United States Code, is amended by adding
at the end the following:
``(e)(1) In any action over which the court has jurisdiction under
this section, any party may, at any time not less than 10 days before
trial, serve upon any adverse party a written offer to settle a claim
or claims for money or property or to the effect specified in the
offer, including a motion to dismiss all claims, and to enter into a
stipulation dismissing the claim or claims or allowing judgment to be
entered according to the terms of the offer. Any such offer, together
with proof of service thereof, shall be filed with the clerk of the
court.
``(2) If the party receiving an offer under paragraph (1) serves
written notice on the offeror that the offer is accepted, either party
may then file with the clerk of the court the notice of acceptance,
together with proof of service thereof.
``(3) The fact that an offer under paragraph (1) is made but not
accepted does not preclude a subsequent offer under paragraph (1).
Evidence of an offer is not admissible for any purpose except in
proceedings to enforce a settlement, or to determine costs and expenses
under this subsection.
``(4) At any time before judgment is entered, the court, upon its
own motion or upon the motion of any party, may exempt from this
subsection any claim that the court finds presents a question of law or
fact that is novel and important and that substantially affects
nonparties. If a claim is exempted from this subsection, all offers
made by any party under paragraph (1) with respect to that claim shall
be void and have no effect.
``(5) If all offers made by a party under paragraph (1) with
respect to a claim or claims, including any motion to dismiss all
claims, are not accepted and the judgment, verdict, or order finally
issued (exclusive of costs, expenses, and attorneys' fees incurred
after judgment or trial) in the action under this section is not more
favorable to the offeree with respect to the claim or claims than the
last such offer, the offeror may file with the court, within 10 days
after the final judgment, verdict, or order is issued, a petition for
payment of costs and expenses, including attorneys' fees, incurred with
respect to the claim or claims from the date the last such offer was
made or, if the offeree made an offer under this subsection, from the
date the last such offer by the offeree was made.
``(6) If the court finds, pursuant to a petition filed under
paragraph (5) with respect to a claim or claims, that the judgment,
verdict, or order finally obtained is not more favorable to the offeree
with respect to the claim or claims than the last offer, the court
shall order the offeree to pay the offeror's costs and expenses,
including attorneys' fees, incurred with respect to the claim or claims
from the date the last offer was made or, if the offeree made an offer
under this subsection, from the date the last such offer by the offeree
was made, unless the court finds that requiring the payment of such
costs and expenses would be manifestly unjust.
``(7) Attorney's fees under paragraph (6) shall be a reasonable
attorney's fee attributable to the claim or claims involved, calculated
on the basis of an hourly rate which may not exceed that which the
court considers acceptable in the community in which the attorney
practices law, taking into account the attorney's qualifications and
experience and the complexity of the case, except that the attorney's
fees under paragraph (6) may not exceed--
``(A) the actual cost incurred by the offeree for an
attorney's fee payable to an attorney for services in
connection with the claim or claims; or
``(B) if no such cost was incurred by the offeree due to a
contingency fee agreement, a reasonable cost that would have
been incurred by the offeree for an attorney's noncontingent
fee payable to an attorney for services in connection with the
claim or claims.
``(8) This subsection does not apply to any claim seeking an
equitable remedy.''.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Section 2.--The amendments made by section 2 shall take effect
on the date of the enactment of this Act.
(b) Section 3.--
(1) In general.--Subject to paragraph (2), the amendment
made by section 3 shall take effect on the first day of the
first month beginning more than 180 days after the date of the
enactment of this Act.
(2) Application of amendment.--The amendment made by
section 3 shall apply only with respect to civil actions
commenced after the effective date set forth in paragraph (1). | Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations; (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions; and (3) increase the monetary ceiling of actions that courts may require to be arbitrated.
Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. | {"src": "billsum_train", "title": "Alternative Dispute Resolution and Settlement Encouragement Act"} | 1,575 | 102 | 0.536348 | 1.374888 | 0.825381 | 1.967742 | 15.483871 | 0.827957 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Law Enforcement Hate Crimes
Prevention Act of 2007''.
SEC. 2. DEFINITION OF HATE CRIME.
In this Act--
(1) the term ``crime of violence'' has the meaning given
that term in section 16, title 18, United States Code;
(2) the term ``hate crime'' has the meaning given such term
in section 280003(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (28 U.S.C. 994 note); and
(3) the term ``local'' means a county, city, town,
township, parish, village, or other general purpose political
subdivision of a State.
SEC. 3. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE,
LOCAL, AND TRIBAL LAW ENFORCEMENT OFFICIALS.
(a) Assistance Other Than Financial Assistance.--
(1) In general.--At the request of State, local, or Tribal
law enforcement agency, the Attorney General may provide
technical, forensic, prosecutorial, or any other form of
assistance in the criminal investigation or prosecution of any
crime that--
(A) constitutes a crime of violence;
(B) constitutes a felony under the State, local, or
Tribal laws; and
(C) is motivated by prejudice based on the actual
or perceived race, color, religion, national origin,
gender, sexual orientation, gender identity, or
disability of the victim, or is a violation of the
State, local, or Tribal hate crime laws.
(2) Priority.--In providing assistance under paragraph (1),
the Attorney General shall give priority to crimes committed by
offenders who have committed crimes in more than one State and
to rural jurisdictions that have difficulty covering the
extraordinary expenses relating to the investigation or
prosecution of the crime.
(b) Grants.--
(1) In general.--The Attorney General may award grants to
State, local, and Indian law enforcement agencies for
extraordinary expenses associated with the investigation and
prosecution of hate crimes.
(2) Office of justice programs.--In implementing the grant
program under this subsection, the Office of Justice Programs
shall work closely with grantees to ensure that the concerns
and needs of all affected parties, including community groups
and schools, colleges, and universities, are addressed through
the local infrastructure developed under the grants.
(3) Application.--
(A) In general.--Each State, local, and Indian law
enforcement agency that desires a grant under this
subsection shall submit an application to the Attorney
General at such time, in such manner, and accompanied
by or containing such information as the Attorney
General shall reasonably require.
(B) Date for submission.--Applications submitted
pursuant to subparagraph (A) shall be submitted during
the 60-day period beginning on a date that the Attorney
General shall prescribe.
(C) Requirements.--A State, local, and Indian law
enforcement agency applying for a grant under this
subsection shall--
(i) describe the extraordinary purposes for
which the grant is needed;
(ii) certify that the State, local
government, or Indian tribe lacks the resources
necessary to investigate or prosecute the hate
crime;
(iii) demonstrate that, in developing a
plan to implement the grant, the State, local,
and Indian law enforcement agency has consulted
and coordinated with nonprofit, nongovernmental
violence recovery service programs that have
experience in providing services to victims of
hate crimes; and
(iv) certify that any Federal funds
received under this subsection will be used to
supplement, not supplant, non-Federal funds
that would otherwise be available for
activities funded under this subsection.
(4) Deadline.--An application for a grant under this
subsection shall be approved or denied by the Attorney General
not later than 30 business days after the date on which the
Attorney General receives the application.
(5) Grant amount.--A grant under this subsection shall not
exceed $100,000 for any single jurisdiction in any 1-year
period.
(6) Report.--Not later than December 31, 2008, the Attorney
General shall submit to Congress a report describing the
applications submitted for grants under this subsection, the
award of such grants, and the purposes for which the grant
amounts were expended.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2008 and 2009.
SEC. 4. GRANT PROGRAM.
(a) Authority To Award Grants.--The Office of Justice Programs of
the Department of Justice may award grants, in accordance with such
regulations as the Attorney General may prescribe, to State, local, or
Tribal programs designed to combat hate crimes committed by juveniles,
including programs to train local law enforcement officers in
identifying, investigating, prosecuting, and preventing hate crimes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 5. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE, LOCAL,
AND TRIBAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of
Justice, including the Community Relations Service, for fiscal years
2008, 2009, and 2010 such sums as are necessary to increase the number
of personnel to prevent and respond to alleged violations of section
249 of title 18, United States Code, as added by section 7 of this Act.
SEC. 6. PROHIBITION OF CERTAIN HATE CRIME ACTS.
(a) In General.--Chapter 13 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 249. Hate crime acts
``(a) In General.--
``(1) Offenses involving actual or perceived race, color,
religion, or national origin.--Whoever, whether or not acting
under color of law, willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an explosive
or incendiary device, attempts to cause bodily injury to any
person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years,
fined in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or
for life, fined in accordance with this title, or both,
if--
``(i) death results from the offense; or
``(ii) the offense includes kidnaping or an
attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse,
or an attempt to kill.
``(2) Offenses involving actual or perceived religion,
national origin, gender, sexual orientation, gender identity,
or disability.--
``(A) In general.--Whoever, whether or not acting
under color of law, in any circumstance described in
subparagraph (B), willfully causes bodily injury to any
person or, through the use of fire, a firearm, or an
explosive or incendiary device, attempts to cause
bodily injury to any person, because of the actual or
perceived religion, national origin, gender, sexual
orientation, gender identity or disability of any
person--
``(i) shall be imprisoned not more than 10
years, fined in accordance with this title, or
both; and
``(ii) shall be imprisoned for any term of
years or for life, fined in accordance with
this title, or both, if--
``(I) death results from the
offense; or
``(II) the offense includes
kidnaping or an attempt to kidnap,
aggravated sexual abuse or an attempt
to commit aggravated sexual abuse, or
an attempt to kill.
``(B) Circumstances described.--For purposes of
subparagraph (A), the circumstances described in this
subparagraph are that--
``(i) the conduct described in subparagraph
(A) occurs during the course of, or as the
result of, the travel of the defendant or the
victim--
``(I) across a State line or
national border; or
``(II) using a channel, facility,
or instrumentality of interstate or
foreign commerce;
``(ii) the defendant uses a channel,
facility, or instrumentality of interstate or
foreign commerce in connection with the conduct
described in subparagraph (A);
``(iii) in connection with the conduct
described in subparagraph (A), the defendant
employs a firearm, explosive or incendiary
device, or other weapon that has traveled in
interstate or foreign commerce; or
``(iv) the conduct described in
subparagraph (A)--
``(I) interferes with commercial or
other economic activity in which the
victim is engaged at the time of the
conduct; or
``(II) otherwise affects interstate
or foreign commerce.
``(b) Certification Requirement.--No prosecution of any offense
described in this subsection may be undertaken by the United States,
except under the certification in writing of the Attorney General, the
Deputy Attorney General, the Associate Attorney General, or any
Assistant Attorney General specially designated by the Attorney General
that--
``(1) such certifying individual has reasonable cause to
believe that the actual or perceived race, color, religion,
national origin, gender, sexual orientation, gender identity,
or disability of any person was a motivating factor underlying
the alleged conduct of the defendant; and
``(2) such certifying individual has consulted with State
or local law enforcement officials regarding the prosecution
and determined that--
``(A) the State does not have jurisdiction or does
not intend to exercise jurisdiction;
``(B) the State has requested that the Federal
Government assume jurisdiction;
``(C) the State does not object to the Federal
Government assuming jurisdiction; or
``(D) the verdict or sentence obtained pursuant to
State charges left demonstratively unvindicated the
Federal interest in eradicating bias-motivated
violence.
``(c) Definitions.--In this section--
``(1) the term `explosive or incendiary device' has the
meaning given such term in section 232 of this title;
``(2) the term `firearm' has the meaning given such term in
section 921(a) of this title; and
``(3) the term `gender identity' for the purposes of this
chapter means actual or perceived gender-related
characteristics.
``(d) Rule of Evidence.--In a prosecution for an offense under this
section, evidence of expression or associations of the defendant may
not be introduced as substantive evidence at trial, unless the evidence
specifically relates to that offense. However, nothing in this section
affects the rules of evidence governing impeachment of a witness.''.
(b) Technical and Conforming Amendment.--The table of sections at
the beginning of chapter 13 of title 18, United States Code, is amended
by adding at the end the following new item:
``249. Hate crime acts.''.
SEC. 7. 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.
SEC. 8. RULE OF CONSTRUCTION.
Nothing in this Act, or the amendments made by this Act, shall be
construed to prohibit any expressive conduct protected from legal
prohibition by, or any activities protected by the free speech or free
exercise clauses of, the First Amendment to the Constitution.
Passed the House of Representatives May 3, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Local Law Enforcement Hate Crimes Prevention Act of 2007 - (Sec. 3) Defines "hate crime" as a violent act causing death or bodily injury because of the actual or perceived race, color, religion, national origin, sexual orientation, gender, gender identity or disability of the victim.
(Sec. 4) Authorizes the Attorney General, at the request of a state, local, or Tribal law enforcement agency, to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence; (2) constitutes a felony under state, local, or Tribal laws; and (3) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of the state, local, or Tribal hate crime laws. Requires the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering extraordinary investigation or prosecution expenses.
Authorizes the Attorney General to award grants to state, local, and Indian law enforcement agencies for extraordinary expenses associated with the investigation and prosecution of hate crimes. Requires the Department of Justice Office of Justice Programs to work closely with grant recipients to ensure that the concerns and needs of all affected parties under the grant program are addressed.
Sets forth requirements and deadlines for grant applications. Limits grant amounts to $100,000 for any single jurisdiction in any one-year period.
Requires the Attorney General to submit a report to Congress on the grant program by December 31, 2008.
Authorizes appropriations for FY2008-FY2009.
(Sec. 5) Authorizes the Office of Justice Programs to award grants to state, local, or Tribal programs designed to combat hate crimes committed by juveniles. Authorizes appropriations.
(Sec. 6) Authorizes appropriations for FY2008-FY2010 for additional personnel to prevent and respond to hate crime violations.
(Sec. 7) Amends the federal criminal code to impose a fine and/or prison term of up to 10 years on any person who willfully causes bodily injury to any person, or who, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily harm to any person, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of such person.
Requires certification by the Attorney General or other Department of Justice official of certain findings relating to an alleged hate crime prior to initiating a prosecution for such crime.
Excludes evidence of expression or association of a defendant in a hate crime prosecution at trial, unless such evidence specifically relates to the offense being prosecuted.
(Sec. 8) Provides that nothing in this Act shall be construed to prohibit expressive conduct or activities protected by the First Amendment. | {"src": "billsum_train", "title": "To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes."} | 2,648 | 667 | 0.72486 | 2.467088 | 0.739096 | 4.61913 | 4.234783 | 0.921739 |
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) 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;
(6) of the approximately 30 plants in the United States
that produce chlorine, only 7 use the obsolete ``mercury cell''
chlor-alkali process, and 4 have not yet committed to phasing
out mercury use;
(7) an estimated additional 24,000 to 30,000 tons of
mercury are used at mercury cell chlor-alkali plants worldwide;
(8)(A) less than 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, 2009, 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 January 1, 2009, 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.''.
(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 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 2009-2012 concerning mercury waste, emissions, and content in products.
Requires the Administrator to : (1) conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after January 1, 2009; and (2) obtain mercury purchase records and such other information from each such facility as are necessary to determine the magnitude and nature of mercury releases from the facility into air and other environmental media. | {"src": "billsum_train", "title": "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."} | 1,691 | 229 | 0.601357 | 1.762212 | 0.867158 | 4.187793 | 7.286385 | 0.957746 |
SECTION 1. PHYSICAL EDUCATION FOR PROGRESS.
Title X of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8001 et seq.) is amended by adding at the end the following:
``PART M--PHYSICAL EDUCATION FOR PROGRESS
``SEC. 10999A. SHORT TITLE.
``This part may be cited as the `Physical Education for Progress
Act'.
``SEC. 10999B. PURPOSE.
``The purpose of this part is to provide grants and contracts to
local educational agencies to enable the local educational agencies to
initiate, expand and improve physical education programs for all
kindergarten through 12th grade students.
``SEC. 10999C. FINDINGS.
``Congress makes the following findings:
``(1) Physical education is essential to the development of
growing children.
``(2) Physical education helps improve the overall health
of children by improving their cardiovascular endurance,
muscular strength and power, and flexibility, and by enhancing
weight regulation, bone development, posture, skillful moving,
active lifestyle habits, and constructive use of leisure time.
``(3) Physical education helps improve the self esteem,
interpersonal relationships, responsible behavior, and
independence of children.
``(4) Children who participate in high quality daily
physical education programs tend to be more healthy and
physically fit.
``(5) The percentage of young people who are overweight has
more than doubled in the 30 years preceding 1999.
``(6) Low levels of activity contribute to the high
prevalence of obesity among children in the United States.
``(7) Obesity related diseases cost the United States
economy more than $100,000,000,000 every year.
``(8) Inactivity and poor diet cause at least 300,000
deaths a year in the United States.
``(9) Physically fit adults have significantly reduced risk
factors for heart attacks and stroke.
``(10) Children are not as active as they should be and
fewer than 1 in 4 children get 20 minutes of vigorous activity
every day of the week.
``(11) The Surgeon General's 1996 Report on Physical
Activity and Health, and the Centers for Disease Control and
Prevention, recommend daily physical education for all students
in kindergarten through grade 12.
``(12) Twelve years after Congress passed House Concurrent
Resolution 97, 100th Congress, agreed to December 11, 1987,
encouraging State and local governments and local educational
agencies to provide high quality daily physical education
programs for all children in kindergarten through grade 12,
little progress has been made.
``(13) Every student in our Nation's schools, from
kindergarten through grade 12, should have the opportunity to
participate in quality physical education. It is the unique
role of quality physical education programs to develop the
health-related fitness, physical competence, and cognitive
understanding about physical activity for all students so that
the students can adopt healthy and physically active
lifestyles.
``SEC. 10999D. PROGRAM AUTHORIZED.
``The Secretary is authorized to award grants to, and enter into
contracts with, local educational agencies to pay the Federal share of
the costs of initiating, expanding, and improving physical education
programs for kindergarten through grade 12 students by--
``(1) providing equipment and support to enable students to
actively participate in physical education activities;
``(2) developing or enhancing physical education curricula
to meet national goals for physical education developed by the
Secretary in consultation with the National Association for
Sport and Physical Education; and
``(3) providing funds for staff and teacher training and
education.
``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS.
``(a) Applications.--Each local educational agency desiring a grant
under this part shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical education
programs in the schools served by the agency to meet the minimum
program requirements described in subsection (b).
``(b) Program Requirements.--The program requirements referred to
in subsection (a) are as follows:
``(1) Physical education programs shall facilitate
achievement of the goals for physical education, and the
curriculum of the programs shall provide--
``(A) elementary school, middle school, and
secondary school students with not less than 150
minutes per week of instructional physical education
and, if practicable, daily instructional physical
education;
``(B) fitness education and assessment to help
children understand, improve, or maintain their
physical well-being;
``(C) instruction in a variety of motor skills
designed to enhance the physical, mental, and social or
emotional development of every child;
``(D) development of cognitive concepts about motor
skill and physical fitness that support a lifelong
healthy lifestyle;
``(E) opportunities to develop social and
cooperative skills and gain a multicultural perspective
through physical activity participation;
``(F) involvement for all children in activities
that provide appropriate amounts and kinds of physical
activity; and
``(G) instruction in healthy eating habits and good
nutrition.
``(2) Teachers of physical education shall have
baccalaureate degrees qualifying the teachers as physical
education specialists.
``(3) Teachers of physical education shall be afforded the
opportunity for professional development to stay abreast of the
latest research, issues, and trends in the field of physical
education.
``(c) Special Rule.--For the purpose of this part, extracurricular
activities such as team sports and Reserve Officers' Training Corps
(ROTC) program activities shall not be considered as part of the
curriculum of a physical education program assisted under this part.
``SEC. 10999F. PROPORTIONALITY.
``The Secretary shall ensure that grants awarded and contracts
entered into under this part shall be equitably distributed between
local educational agencies serving urban and rural areas, and between
local educational agencies serving large and small numbers of students.
``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS.
``An application for funds under this part, consistent with the
number of home-schooled children or children enrolled in private
elementary schools, middle schools, and secondary schools located in
the school district of a local educational agency, may provide for the
participation of such children and their teachers in the activities
assisted under this part.
``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING.
``As a condition to continue to receive grant or contract funding
after the first year of a multiyear grant or contract under this part,
the administrator of the grant or contract for the local educational
agency shall submit to the Secretary an annual report that describes
the activities conducted during the preceding year and demonstrates
that progress has been made toward achieving program requirements
described in section 10999E(b).
``SEC. 10999I. REPORT TO CONGRESS.
``The Secretary shall submit a report to Congress not later than
June 1, 2003, that describes the programs assisted under this part,
documents the success of such programs in improving physical fitness,
and makes such recommendations as the Secretary determines appropriate
for the continuation and improvement of the programs assisted under
this part.
``SEC. 10999J. ADMINISTRATIVE COSTS.
``Not more than 7 percent of the grant or contract funds made
available to a local educational agency under this part for any fiscal
year may be used for administrative costs.
``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT.
``(a) Federal Share.--The Federal share under this part may not
exceed--
``(1) 90 percent of the total cost of a project for the
first year for which the project receives assistance under this
part; and
``(2) 75 percent of such cost for the second and each
subsequent such year.
``(b) Supplement Not Supplant.--Funds made available under this
part shall be used to supplement and not supplant other Federal, State
and local funds available for physical education activities.
``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $30,000,000 for fiscal
year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each
of the fiscal years 2002 through 2004, to carry out this part. Such
funds shall remain available until expended.''. | Physical Education for Progress Act - Amends title X (Programs of National Significance) of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to award grants to, and enter into contracts with, local educational agencies (LEAs) to initiate, expand, and improve physical education programs for all kindergarten through 12th grade students.
Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals for physical education developed by the Secretary in consultation with the National Association for Sport and Physical Education; and (3) providing funds for staff and teacher training and education.
Requires LEA applications for such assistance to contain plans for school physical education programs that meet specified requirements, including: (1) curricula providing students with at least 150 minutes per week of instructional physical education per week, along with certain types of instructional contents; (2) physical education teachers with baccalaureate degrees qualifying them as physical education specialists; and (3) professional development opportunities for physical education teachers. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from being considered as part of the curriculum of a physical education program assisted under this Act. Sets forth requirements relating to: (1) proportionality of awards; (2) private school students and home-schooled students; (3) LEA reports for continued funding; (4) the Secretary's report to the Congress; (5) administrative costs; and (6) Federal share.
Authorizes appropriations. | {"src": "billsum_train", "title": "Physical Education for Progress Act"} | 1,792 | 345 | 0.523253 | 1.443852 | 0.78887 | 4.82243 | 5.358255 | 0.915888 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FERS Buyback Act of 1997''.
SEC. 2. CREDITABILITY OF SERVICE.
(a) In General.--Section 8411(b) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) subject to section 8411(i), service as a temporary or
intermittent employee not otherwise creditable for purposes of
this chapter, performed after December 31, 1988, and before
January 1, 1997, of at least 1 year's duration (whether
performed over a continuous period or otherwise), but only if
the individual performing such service later becomes subject to
this chapter, and such service is not credited for purposes of
any benefit under any other retirement system established by a
law of the United States (disregarding the Social Security Act
and chapter 83 of this title).''.
(b) Deposit Requirement.--Section 8411 of title 5, United States
Code, is amended by adding at the end the following:
``(i)(1) An employee or Member shall, with respect to any service
described in subsection (b)(5) performed by such employee or Member, be
required to deposit to the credit of the Fund an amount equal to 1.3
percent of basic pay for such service.
``(2) Any deposit under paragraph (1) made more than 5 years after
the later of--
``(A) October 1, 1997, or
``(B) the date on which the employee or Member making the
deposit first becomes an employee or Member following the
period of temporary or intermittent service for which such
deposit is due,
shall include interest on such amount, computed in the manner described
in subsection (f)(3) and compounded annually beginning on the date of
the expiration of the 5-year period.
``(3) If the deposit under paragraph (1) is not made or if less
than the entire amount of such deposit is made--
``(A) service of the employee or Member described in
subsection (b)(5) shall be fully creditable; but
``(B) any annuity under this chapter based on the service
of such employee or Member shall be reduced in a manner similar
to that described in section 8418(b).''.
SEC. 3. PROVISIONS RELATING TO PERSONS WHO HAVE SEPARATED.
(a) In General.--The Office of Personnel Management shall prescribe
regulations under which credit for service, as described in section
8411(b)(5) of title 5, United States Code, as amended by this Act,
which was performed by an individual who has separated from Government
service may be obtained.
(b) Requirements.--Under the regulations, credit shall not be given
under this section unless appropriate written application is submitted,
not later than December 31, 1999, in such form and manner as the
regulations require.
(c) Recomputation of Annuity.--
(1) In general.--Any annuity or survivor annuity payable as
of when an application under this subsection is submitted shall
be recomputed to take into account any service described in
section 8411(b)(5) of title 5, United States Code (performed by
the individual on whose service the annuity is based),
effective with respect to amounts accruing for months beginning
more than 30 days after the date on which such application is
submitted.
(2) Condition.--If the full amount of the deposit required
under section 8411(i) of such title 5 is not timely made
(before such deadline as the Office shall by regulation
prescribe) with respect to any service as to which the
application under paragraph (1) relates, an appropriate
reduction shall be made in the recomputed annuity in accordance
with paragraph (3) of such section 8411(i). Interest shall not
be included as part of any deposit under this subsection.
SEC. 4. NOTIFICATION AND OTHER DUTIES OF THE OFFICE OF PERSONNEL
MANAGEMENT.
(a) Notice.--The Office of Personnel Management shall take such
action as may be necessary and appropriate to inform individuals of any
rights they might have as a result of the enactment of this Act.
(b) Assistance.--The Office shall, on request, assist any
individual in obtaining from any department, agency, or other
instrumentality of the United States any information in the possession
of such instrumentality which may be necessary to verify the
entitlement of such individual to have any service credited under
section 8411(b)(5) of title 5, United States Code, as amended by this
Act, or to have an annuity recomputed under section 3(c).
(c) Information.--Any department, agency, or other instrumentality
of the United States which possesses any information with respect to an
individual's performance of any service described in such section
8411(b)(5) shall, at the request of the Office, furnish such
information to the Office. | FERS Buyback Act of 1997 - Amends Federal law concerning government organization and employees to make certain temporary Federal service creditable for retirement purposes.
Sets forth provisions relating to persons who have separated from Government service. | {"src": "billsum_train", "title": "FERS Buyback Act of 1997"} | 1,117 | 47 | 0.435203 | 1.064923 | 0.412661 | 2.487179 | 26.358974 | 0.74359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bringing Accounting, Increased
Liquidity, Oversight and Upholding Taxpayer Security Act of 2008'' or
the ``No BAILOUTS Act of 2008''.
SEC. 2. FINDINGS.
Congress finds that--
(1) distinguished economists across the world have
concluded the Secretary of the Treasury Paulson's $700 billion
bailout will not resolve the liquidity concerns facing the
financial sector; and
(2) there are simple regulatory fixes to resolve the
current financial industry liquidity concerns at little cost to
the taxpayer.
SEC. 3. S.E.C. REPORT ON APPLICATION OF ACCOUNTING RULES.
The Securities and Exchange Commission shall report to Congress not
later than 180 days after the date of enactment of this Act on the
effect of the Commission's clarification on fair value accounting
issued September 30, 2008.
SEC. 4. PROHIBITION ON NAKED SHORT SELLING.
(a) Extension of Order.--Notwithstanding the effective date
contained in the order of the Securities and Exchange Commission issued
September 17, 2008 (Release no. 34-58572) and the limitations contained
in section 12(k)(2)(B) and (C) of the Securities Exchange Act of 1934
(15 U.S.C. 78l(k)(2)(B) and (C)), such order shall continue in effect
until--
(1) cancelled or withdrawn by the Commission; or
(2) repealed by Act of Congress.
(b) Permanent Rule.--Not later than 180 days after the date of
enactment of this Act, the Securities and Exchange Commission shall, by
rule, make permanent the requirements contained in the order described
in subsection (a). Such rulemaking shall provide for the termination of
such order upon the effective date of such permanent rule.
SEC. 5. REINSTATEMENT OF UPTICK RULE ON SHORT SALES OF SECURITIES.
Not later than 90 days after the date of enactment of this Act, the
Securities and Exchange Commission shall--
(1) reinstate rule 10a-1 of the Commission's rules (17 CFR
240.10a-1);
(2) rescind rule 201 of regulation SHO (17 CFR 242.201);
and
(3) take such other actions as may be necessary to
reinstate the price test restrictions that applied to short
sales of securities prior to the Commission's action in the
proceeding entitled ``Regulation SHO and Rule 10a-1'', adopted
June 28, 2007 (Release No. 34-55970; File No. S7-21-06).
SEC. 6. NET WORTH CERTIFICATE PROGRAM.
(a) Establishment; Purposes.--
(1) Establishment.--As soon as possible after the date of
the enactment of this Act, the Board of Directors of the
Federal Deposit Insurance Corporation (hereafter in this
section referred to as the ``Corporation'') shall establish a
net worth certificate program under this section to provide
capital to insured depository institutions (as such term is
defined in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813)) to assist such institutions to resolve solvency
problems.
(2) Purposes.--The purposes of the net worth certificate
program established under this section shall be--
(A) to improve the capital position of troubled
insured depository institutions with real estate
holdings;
(B) to provide such insured depository institutions
the ability to sell and restructure assets; and
(C) to assist such institutions in their recovery
without use of taxpayer funds.
(b) Principles.--The net worth program established under this
section shall--
(1) be based upon the Federal Savings and Loan Insurance
Corporation net worth program established under title II of the
Garn-St Germain Depository Institutions Act of 1982 (Public Law
97-320; 96 Stat. 1489);
(2) be made available only for troubled financial
depository institutions that the Corporation determines could
be financially viable if provided solvency assistance under the
program;
(3) provide for the Corporation to purchase capital in
troubled insured depository institutions in the form of
subordinated debentures or net worth certificates in such
institutions;
(4) provide that insured depository institutions
participating in the program shall agree to such regulations
and terms of the program as the Corporation shall provide,
which shall include strict oversight and supervision, including
limitations on the compensation of senior executive officers of
such institutions and terms for removal of officers for poor
management;
(5) provide that the Corporation shall fund net worth
certificates under the program by issuance of Corporation
senior notes and obligations to participating insured
depository institutions;
(6) provide that the interest rate on net worth
certificates issued under the program and the senior notes and
obligations issued under the program by the Corporation shall
be identical;
(7) not involve any subsidy, appropriation of funds, or
other cash outlay or use of taxpayer funds;
(8) provide that asset sale transactions under the program
be held in the private market.
(c) Regulations.--The Board of Directors of the Corporation shall
prescribe any regulations necessary to carry out the net worth
certificate program established under this section.
SEC. 7. INCREASE IN MAXIMUM AMOUNT OF DEPOSIT INSURANCE AND SHARE
INSURANCE.
(a) Standard Maximum Deposit Insurance Amount Increased.--Section
11(a) of the Federal Deposit Insurance Act (12 U.S.C. 1821(a)) is
amended--
(1) in subparagraph (E), by striking ``$100,000'' and all
that follows through the end of the subparagraph and inserting
``$250,000.''; and
(2) in subparagraph (F)(i)(I), by striking ``$100,000'' and
inserting ``$250,000''.
(b) Standard Maximum Share Insurance Amount Increased.--Section
207(k)(5) of the Federal Credit Union Act (12 U.S.C. 1787(k)(5)) is
amended by striking ``$100,000'' and inserting ``$250,000''. | Bringing Accounting, Increased Liquidity, Oversight and Upholding Taxpayer Security Act of 2008 or the No BAILOUTS Act of 2008 - Directs the Securities and Exchange Commission (SEC) to report to Congress on the effect of its clarification on fair value accounting issued September 30, 2008.
States that the order of the SEC issued September 17, 2008, continues in effect until: (1) canceled or withdrawn by the SEC; or (2) repealed by an Act of Congress.
Directs the SEC to: (1) reinstate rule 10a-1 (uptick rule on short sales of securities); (2) rescind rule 201 of regulation SHO; and (3) reinstate the price test restrictions that applied to short sales of securities before its action in the proceeding entitled "Regulation SHO and Rule 10a-1," adopted June 28, 2007.
Requires the Board of Directors of the Federal Deposit Insurance Corporation (FDIC) to establish a net worth certificate program to provide capital to assist insured depository institutions to resolve solvency problems.
Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to increase from $100,000 to $250,000 the standard maximum deposit and share insurance amount. | {"src": "billsum_train", "title": "To direct the Securities and Exchange Commission to issue rules regarding short selling of securities, to establish a net worth certificate program in the Federal Deposit Insurance Corporation, increase the maximum amount of depository insurance, and for other purposes."} | 1,339 | 250 | 0.600363 | 1.865385 | 0.765505 | 3.991111 | 5.226667 | 0.915556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Online Privacy Protection
Act of 1998''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual under
the age of 16.
(2) Children.--The term ``children'' means more than 1
child.
(3) Commercial website operator.--The term ``commercial
website operator'' means any person operating a website on the
World Wide Webs for commercial purposes, including any person
offering products or services for sale though that website,
involving commerce--
(A) among the several States or with 1 or more
foreign nations;
(B) in any territory of the United States or in the
District of Columbia, or between any such territory--
(i) and another such territory; or
(ii) and any State or foreign nation; or
(C) between the District of Columbia and any State,
territory, or foreign nation.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Disclosure.--The term ``disclosure'' means, with
respect to personal information--
(A) the release of information in identifiable form
by a person to any other person for any purpose; or
(B) making publicly available information in
identifiable form by any means including by a public
posting, through the use of a computer on or through--
(i) a home page of a website;
(ii) a pen pal service;
(iii) an electronic mail service;
(iv) a message board; or
(v) a chat room.
(6) Federal agency.--The term ``Federal agency'' means an
agency, as that term is defined in section 551(1) of title 5,
United States Code.
(7) Internet.--The term ``Internet'' means the
international computer network of both Federal and non-Federal
interoperable packet switched data networks.
(8) Parent.--The term ``parent'' means a legal guardian,
including a biological or adoptive parent.
(9) Personal information.--The term ``personal
information'' means individually, identifiable information
about an individual, including--
(A) a first and last name;
(B) a home or other physical address;
(C) an e-mail address;
(D) a telephone number;
(E) a Social Security number; or
(F) any other information that would facilitate or
enable the physical or online locating and contacting
of a specific individual, including information that is
associated with an identifier described in this
paragraph in such manner as to become identifiable to a
specific individual.
(10) Verifiable parental consent.--The term ``verifiable
parental consent'' means any reasonable effort (taking into
consideration available technology) to ensure that a parent of
a child authorizes the disclosure of personal information and
subsequent use of that information before that information is
collected from that child.
(11) Website directed to children.--The term ``website
directed to children''--
(A) means a commercial website that is--
(i) targeted to children;
(ii) directed to children by reason of the
subject matter, visual content, age of models,
language, characters, tone, message, or any
other similar characteristic of the website; or
(iii) used by a commercial website operator
to knowingly collect information from children;
and
(B) includes any commercial website any portion of
which is directed to children, as specified in
subparagraph (A).
(12) Person.--The term ``person'' means any individual,
partnership, corporation, trust, estate, cooperative,
association, or other entity.
SEC. 3. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND PRACTICES IN
CONNECTION WITH THE COLLECTION AND USE OF PERSONAL
INFORMATION FROM AND ABOUT CHILDREN ON THE INTERNET.
(a) Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall, in a manner
consistent with section 553 of title 5, United States Code,
prescribe regulations requiring commercial website operators to
follow fair information practices in connection with the
collection and use of personal information from children.
(2) Contents.--The regulations issued under this subsection
shall--
(A) require that any website directed to children
that collects personal information from children--
(i) provide clear, prominent,
understandable notice of the information
collection and use practices of the website
operator through the website;
(ii) obtain verifiable parental consent for
the collection, use, or disclosure of personal
information from children who are under the age
of 13;
(iii) use reasonable efforts to provide the
parents with notice and an opportunity to
prevent or curtail the collection or use of
personal information collected from children
over the age of 12 and under the age of 17;
(iv) provide a parent--
(I) access to the personal
information of the child of that parent
collected by that website; and
(II) the opportunity to refuse to
permit any further use or future
collection of personal information
referred to in subclause (I) and notice
of that opportunity; and
(B) require that the commercial website operator
concerned establish and maintain reasonable procedures
to ensure the confidentiality, security, accuracy, and
integrity of personal information collected from
children through the website.
(b) Enforcement.--
(1) Treatment of regulations.--A regulation prescribed
under subsection (a) shall be treated as a rule defining an
unfair or deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Enforcement.--Subject to section 6, a violation of a
regulation prescribed under subsection (a) shall be treated as
a violation of a rule defining an unfair or deceptive act or
practice prescribed under section 18(a)(1)(B) of the Federal
Trade Commission Act.
SEC. 4. SAFE HARBORS.
(a) In General.--In prescribing regulations under section 3, the
Commission shall provide incentives for efforts of self-regulation by
commercial website operators to implement the protections described in
subsection (a) of that section.
(b) Safe Harbors.--The incentives referred to in subsection (a)
shall include provisions for ensuring that a person will be deemed to
be in compliance with the requirements of the regulations under section
3 if that person applies guidelines that--
(1) are issued by appropriate representatives of the
computer industry; and
(2) are approved by the Commission upon making a
determination that the guidelines meet the requirements of the
regulations issued under section 3.
SEC. 5. ACTIONS BY STATES.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State has reason to believe that an interest of
the residents of that State has been or is threatened or
adversely affected by the engagement of any person in a
practice that violates any regulation of the Commission
prescribed under section 3, the State, as parens patriae, may
bring a civil action on behalf of the residents of the State in
a district court of the United States of appropriate
jurisdiction to--
(A) enjoin that practice;
(B) enforce compliance with the regulation;
(C) obtain damage, restitution, or other
compensation on behalf of residents of the State; or
(D) obtain such other relief as the court may
consider to be appropriate.
(2) Notice.--
(A) In general.--Before filing an action under
paragraph (1), the attorney general of the State
involved shall provide to the Commission--
(i) written notice of that action; and
(ii) a copy of the complaint for that
action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not
apply with respect to the filing of an action
by an attorney general of a State under this
subsection, if the attorney general determines
that it is not feasible to provide the notice
described in that subparagraph before the
filing of the action.
(ii) Notification.--In an action described
in clause (i), the attorney general of a State
shall provide notice and a copy of the
complaint to the Commission at the same time as
the attorney general files the action.
(b) Intervention.--
(1) In general.--On receiving notice under paragraph (2),
the Commission shall have the right to intervene in the action
that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subparagraph (A), the Commission shall have
the right--
(A) to be heard with respect to any matter that
arises in that action; and
(B) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a), nothing in this Act shall be construed to prevent an
attorney general of a State from exercising the powers conferred on the
attorney general by the laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of
documentary and other evidence.
(d) Actions by the Commission.--In any case in which an action is
instituted by or on behalf of the Commission for violation of any
regulation prescribed under section 3, no State may, during the
pendency of that action, institute an action under subsection (a)
against any defendant named in the complaint in that action for
violation of that regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States--
(A) in which the defendant--
(i) is found;
(ii) is an inhabitant; or
(iii) transacts business; or
(B) that otherwise meets applicable requirements
relating to venue under section 1391 of title 28,
United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in which
the defendant--
(A) is an inhabitant; or
(B) may be found.
(f) Actions by Other State Officials.--
(1) In general.--Nothing in this section may be construed
to prohibit a State official from proceeding a court of the
State in accordance with the laws of that State on the basis of
an alleged violation of any civil or criminal law of that State.
(2) Certain actions in state courts.--In addition to any
actions brought by an attorney general of a State under
subsection (a), an action described in paragraph (1) may be
brought by any other officer of that State who is authorized by
the State to bring such an action in that State on behalf of
the residents of the State.
SEC. 6. ADMINISTRATION AND APPLICABILITY OF ACT.
(a) In General.--Except as otherwise provided, this Act shall be
enforced by the Commission under the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(b) Provisions.--Compliance with the requirements imposed under
this subchapter shall be enforced under--
(1) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), in the case of--
(A) national banks, and Federal branches and
Federal agencies of foreign banks, by the Office of the
Comptroller of the Currency;
(B) member banks of the Federal Reserve System
(other than national banks), branches and agencies of
foreign banks (other than Federal branches, Federal
agencies, and insured State branches of foreign banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under
section 25 or 25(a) of the Federal Reserve Act (12
U.S.C. 601 et seq. and 611 et seq.), by the Board; and
(C) banks insured by the Federal Deposit Insurance
Corporation (other than members of the Federal Reserve
System) and insured State branches of foreign banks, by
the Board of Directors of the Federal Deposit Insurance
Corporation;
(2) section 8 of the Federal Deposit Insurance Act (12
U.S.C. 1818), by the Director of the Office of Thrift
Supervision, in the case of a savings association the deposits
of which are insured by the Federal Deposit Insurance
Corporation;
(3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.),
by the National Credit Union Administration Board with respect
to any Federal credit union;
(4) part A of subtitle VII of title 49, by the Secretary of
Transportation with respect to any air carrier or foreign air
carrier subject to that part;
(5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
seq.) (except as provided in section 406 of that Act (7 U.S.C.
226, 227)), by the Secretary of Agriculture with respect to any
activities subject to that Act; and
(6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by
the Farm Credit Administration with respect to any Federal land
bank, Federal land bank association, Federal intermediate
credit bank, or production credit association.
(c) Exercise of Certain Powers.--For the purpose of the exercise by
any agency referred to in subsection (a) of its powers under any Act
referred to in that subsection, a violation of any requirement imposed
under this Act shall be deemed to be a violation of a requirement
imposed under that Act. In addition to its powers under any provision
of law specifically referred to in subsection (a), each of the agencies
referred to in that subsection may exercise, for the purpose of
enforcing compliance with any requirement imposed under this Act, any
other authority conferred on it by law.
(d) Actions by the Commission.--The Commission shall prevent any
person from violating a rule of the Commission under section 3 in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act. Any entity that violates such rule shall be
subject to the penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act in the same manner, by the
same means, and with the same jurisdiction, power, and duties as though
all applicable terms and provisions of the Federal Trade Commission Act
were incorporated into and made a part of this Act.
(e) Effect on Other Laws.--Nothing contained in the Act shall be
construed to limit the authority of the Commission under any other
provisions of law.
SEC. 7. REVIEW.
(a) In General.--Not later than 5 years after the effective date of
the regulations initially issued under section 3, the Commission
shall--
(1) review the implementation of this Act, including the
effect of the implementation of this Act on practices relating
to the disclosure of information relating to children; and
(2) prepare and submit to Congress a report the results of
the review under paragraph (1). | Children's Online Privacy Protection Act of 1998 - Directs the Federal Trade Commission (FTC) to prescribe regulations requiring commercial website operators to follow fair information practices in connection with the collection and use of personal information from children under age 16, including by obtaining verifiable parental consent for the collection, use, or disclosure of personal information from children under the age of 13.
Directs the FTC to provide incentives for efforts of self-regulation by operators to implement appropriate protections for such information.
Authorizes the States to enforce such regulations by bringing actions on behalf of residents, requiring the appropriate attorney general to first notify the FTC of such action. Authorizes the FTC to intervene in any such action.
Provides for enforcement of this Act through the Federal Trade Commission Act.
Directs the FTC to review and report to the Congress on the implementation of this Act. | {"src": "billsum_train", "title": "Children's Online Privacy Protection Act of 1998"} | 3,334 | 184 | 0.476135 | 1.187785 | 0.915614 | 3.5 | 18.819277 | 0.921687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Supervisor Training Act of
2010''.
SEC. 2. MANDATORY TRAINING PROGRAMS FOR SUPERVISORS.
(a) In General.--Section 4121 of title 5, United States Code, is
amended--
(1) by inserting before ``In consultation with'' the
following:
``(a) In this section--
``(1) the term `interactive' includes simultaneous personal
interaction between an instructor and one or more trainees;
``(2) the term `small agency' means an agency that is a
member organization of the Small Agency Council; and
``(3) the term `supervisor' means--
``(A) a supervisor as defined under section
7103(a)(10);
``(B) a management official as defined under
section 7103(a)(11); and
``(C) any other employee as the Director of the
Office of Personnel Management may by regulation
prescribe.'';
(2) by striking ``In consultation with'' and inserting
``(b) Under operating competencies promulgated by, and in
consultation with,''; and
(3) by striking paragraph (2) (of the matter redesignated
as subsection (b) as a result of the amendment under paragraph
(2) of this subsection) and inserting the following:
``(2)(A) a program to provide training to supervisors on
actions, options, and strategies a supervisor may use in--
``(i) developing and discussing relevant goals and
objectives together with the employee, communicating
and discussing progress relative to performance goals
and objectives and conducting performance appraisals;
``(ii) mentoring and motivating employees and
improving employee performance and productivity;
``(iii) fostering a work environment characterized
by fairness, respect, equal opportunity, and attention
paid to the merit of the work of employees;
``(iv) effectively managing employees with
unacceptable performance;
``(v) addressing reports of a hostile work
environment, reprisal, or harassment of, or by, another
supervisor or employee; and
``(vi) otherwise carrying out the duties or
responsibilities of a supervisor;
``(B) a program to provide training to supervisors on the
prohibited personnel practices under section 2302 (particularly
with respect to such practices described under subsection (b)
(1) and (8) of that section), employee collective bargaining
and union participation rights, and the procedures and
processes used to enforce employee rights; and
``(C) a program under which experienced supervisors mentor
new supervisors by--
``(i) transferring knowledge and advice in areas
such as communication, critical thinking,
responsibility, flexibility, motivating employees,
teamwork, leadership, and professional development; and
``(ii) pointing out strengths and areas for
development.
``(c) Training in programs established under subsection (b)(2) (A)
and (B) shall be interactive for managers in their first year as a
supervisor.
``(d)(1) Not later than 1 year after the date on which an
individual is appointed to the position of supervisor, that individual
shall be required to have completed each program established under
subsection (b)(2).
``(2) After completion of a program under subsection (b)(2) (A) and
(B), each supervisor shall be required to complete a program under
subsection (b)(2) (A) and (B) at least once every 3 years.
``(3) Each program established under subsection (b)(2) shall
include provisions under which credit shall be given for periods of
similar training previously completed.
``(e)(1) If, due to unforeseen circumstances, an individual cannot
complete a program established under subsection (b) within the deadline
established under subsections (d)(1) or (d)(2), the Office of Personnel
Management shall regulate an appropriate schedule for such individual
to complete such program.
``(2) Not later than 2 years after the date of enactment of this
subsection and annually thereafter, the Office of Personnel Management
shall submit a report to the Committee on Oversight and Government
Reform of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate. Such report shall
include the number of individuals who received an adjusted training
schedule pursuant to paragraph (1).
``(f)(1) When consulting with the head of a small agency in
establishing a training program for such agency under subsection (b),
the Office of Personnel Management shall consult with the Small Agency
Council. Any such program established by such head must otherwise meet
the requirements of subsections (b), (c), and (d).
``(2) Notwithstanding the requirements of subsection (b) and with
the prior written approval of the Office of Personnel Management, the
head of an agency that is not a small agency may use, in lieu of
establishing a training program under subsection (b), a training
program established by the head of a small agency under such
subsection.
``(g) Notwithstanding section 4118(c), the Director of the Office
of Personnel Management shall prescribe regulations to carry out this
section, including the monitoring of agency compliance with this
section. Regulations prescribed under this subsection shall include
measures by which to assess the effectiveness of agency supervisor
training programs.''.
(b) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Director of the Office of Personnel Management shall
prescribe regulations in accordance with subsection (g) of section 4121
of title 5, United States Code, as added by subsection (a) of this
section.
(c) Effective Date and Application.--
(1) In general.--The amendments made by this section shall
take effect 1 year after the date of enactment of this Act and
apply to--
(A) each individual appointed to the position of a
supervisor, as defined under section 4121(a) of title
5, United States Code (as added by subsection (a) of
this section), on or after that effective date; and
(B) each individual who is employed in the position
of a supervisor on that effective date as provided
under paragraph (2).
(2) Supervisors on effective date.--Each individual who is
employed in the position of a supervisor on the effective date
of this section and who is not subject to an adjusted schedule
under section 4121(e) of title 5, United States Code (as added
by subsection (a) of this section), shall be required to--
(A) complete each program established under section
4121(b)(2) of such title (as added by subsection (a) of
this section), not later than 3 years after the
effective date of this section; and
(B) complete programs every 3 years thereafter in
accordance with section 4121(d) (2) and (3) of such
title.
SEC. 3. MANAGEMENT COMPETENCIES.
(a) In General.--Chapter 43 of title 5, United States Code, is
amended--
(1) by redesignating section 4305 as section 4306; and
(2) inserting after section 4304 the following:
``Sec. 4305. Management competencies
``(a) In this section, the term `supervisor' means--
``(1) a supervisor as defined under section 7103(a)(10);
``(2) a management official as defined under section
7103(a)(11); and
``(3) any other employee as the Director of the Office of
Personnel Management may by regulation prescribe.
``(b) The Director of the Office of Personnel Management shall
issue guidance to agencies on competencies supervisors are expected to
possess in order to effectively manage, and be accountable for
managing, the performance of employees.
``(c) Each agency shall--
``(1) based on the Office of Personnel Management's
competency model, assess the overall competency of the
supervisors in such agency;
``(2) develop and implement a supervisor training program
to strengthen issues identified during such assessment; and
``(3) measure the effectiveness of the supervisor training
program established under paragraph (3) in improving supervisor
competence.
``(d) Every year, or on any basis requested by the Director of the
Office of Personnel Management, each agency shall submit a report to
the Office on the progress of the agency in implementing this section,
including measures used to assess program effectiveness.''.
(b) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter
43 of title 5, United States Code, is amended by striking the
item relating to section 4305 and inserting the following:
``4305. Management competencies.
``4306. Regulations.''.
(2) Reference.--Section 4304(b)(3) of title 5, United
States Code, is amended by striking ``section 4305'' and
inserting ``section 4306''. | Federal Supervisor Training Act of 2010 - Revises provisions relating to specific training programs for federal agency supervisors. Requires the head of each federal agency to establish: (1) a program to provide training to supervisors on developing and discussing relevant goals and objectives with the employee, communicating and discussing progress on performance goals and objectives and conducting performance appraisals, mentoring and motivating employees and improving employee performance and productivity, fostering a work environment characterized by fairness, respect, equal opportunity, and attention paid to the merit of the work of employees, effectively managing employees with unacceptable performance, and addressing reports of a hostile work environment, reprisal, or harassment; (2) a program to provide training to supervisors on prohibited personnel practices, employee collective bargaining and union participation rights, and processes to enforce employee rights; and (3) a program under which experienced supervisors mentor new supervisors.
Requires: (1) an individual to complete all such programs within one year after being appointed as a supervisor; (2) supervisors to complete one of the first two programs every three years; (3) the Office of Personnel Management (OPM) to regulate an appropriate schedule for an individual who cannot complete such programs within the established deadlines due to unforeseen circumstances; and (4) OPM to consult with the Small Agency Council regarding establishment of a supervisor training program for a small agency.
Requires the Director of OPM to issue guidance to federal agencies on competencies supervisors are expected to possess in order to effectively manage, and be accountable for managing, the performance of employees. Requires each agency to: (1) assess the overall capacity of the supervisors in the agency, based on OPM's competency model; (2) develop and implement a supervisor training program to strengthen issues identified during such assessment; and (3) measure the effectiveness of that program in improving supervisor competence. | {"src": "billsum_train", "title": "To amend chapter 41 of title 5, United States Code, to provide for the establishment and authorization of funding for certain training programs for supervisors of Federal employees."} | 1,903 | 387 | 0.674419 | 2.176571 | 0.875884 | 4.402235 | 5.217877 | 0.938547 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North American-Made Energy Security
Act''.
SEC. 2. FINDINGS.
Congress finds and declares the following:
(1) The United States currently imports more than half of
the oil it consumes, often from countries hostile to United
States interests or with political and economic instability
that compromises supply security.
(2) While a significant portion of imports are derived from
allies such as Canada and Mexico, the United States remains
vulnerable to substantial supply disruptions created by
geopolitical tumult in major producing nations.
(3) Strong increases in oil consumption in the developing
world outpace growth in conventional oil supplies, bringing
tight market conditions and higher oil prices in periods of
global economic expansion or when supplies are threatened.
(4) The development and delivery of oil and gas from Canada
to the United States is in the national interest of the United
States in order to secure oil supplies to fill needs that are
projected to otherwise be filled by increases in other foreign
supplies, notably from the Middle East.
(5) Continued development of North American energy
resources, including Canadian oil, increases domestic refiners'
access to stable and reliable sources of crude and improves
certainty of fuel supply for the Department of Defense, the
largest consumer of petroleum in the United States.
(6) Canada and the United States have the world's largest
two-way trading relationship. Therefore, for every United
States dollar spent on products from Canada, including oil, 90
cents is returned to the United States economy. When the same
metrics are applied to trading relationships with some other
major sources of United States crude oil imports, returns are
much lower.
(7) The principal choice for Canadian oil exporters is
between moving increasing crude oil volumes to the United
States or Asia, led by China. Increased Canadian oil exports to
China will result in increased United States crude oil imports
from other foreign sources, especially the Middle East.
(8) Increased Canadian crude oil imports into the United
States correspondingly reduce the scale of ``wealth transfers''
to other more distant foreign sources resulting from the
greater cost of importing crude oil from those sources.
(9) Not only are United States companies major investors in
Canadian oil sands, but many United States businesses
throughout the country benefit from supplying goods and
services required for ongoing Canadian oil sands operations and
expansion.
(10) There has been more than 2 years of consideration and
a coordinated review by more than a dozen Federal agencies of
the technical aspects and of the environmental, social, and
economic impacts of the proposed pipeline project known as the
Keystone XL from Hardisty, Alberta, to Steele City, Nebraska,
and then on to the United States Gulf Coast through Cushing,
Oklahoma.
(11) Keystone XL represents a high capacity pipeline supply
option that could meet early as well as long-term market demand
for crude oil to United States refineries, and could also
potentially bring over 100,000 barrels per day of United States
Bakken crudes to market.
(12) Completion of the Keystone XL pipeline would increase
total Keystone pipeline capacity by 700,000 barrels per day to
1,290,000 barrels per day.
(13) The Keystone XL pipeline would provide short-term and
long-term employment opportunities and related labor income
benefits, as well as government revenues associated with sales
and payroll taxes.
(14) The earliest possible construction of the Keystone XL
pipeline will make the extensive proven and potential reserves
of Canadian oil available for United States use and increase
United States jobs and will therefore serve the national
interest.
(15) Analysis using the Environmental Protection Agency
models shows that the Keystone XL pipeline will result in no
significant change in total United States or global greenhouse
gas emissions.
(16) The Keystone XL pipeline would be state-of-the-art and
have a degree of safety higher than any other typically
constructed domestic oil pipeline system.
(17) Because of the extensive governmental studies already
made with respect to the Keystone XL project and the national
interest in early delivery of Canadian oil to United States
markets, a decision with respect to a Presidential Permit for
the Keystone XL pipeline should be promptly issued without
further administrative delay or impediment.
SEC. 3. EXPEDITED APPROVAL PROCESS.
(a) In General.--The President, acting through the Secretary of
Energy, shall coordinate with each Federal agency responsible for
coordinating or considering an aspect of the President's National
Interest Determination and Presidential Permit decision regarding
construction and operation of the Keystone XL pipeline, to ensure that
all necessary actions with respect to such decision are taken on an
expedited schedule.
(b) Agency Cooperation With Secretary of Energy.--Each Federal
agency described in subsection (a) shall comply with any deadline
established by the Secretary of Energy pursuant to subsection (a).
(c) Final Order.--Not later than 30 days after the issuance of the
final environmental impact statement, the President shall issue a final
order granting or denying the Presidential Permit for the Keystone XL
pipeline, but in no event shall such decision be made later than
November 1, 2011.
(d) Environmental Review.--No action by the Secretary of Energy
pursuant to this section shall affect any duty or responsibility to
comply with any requirement to conduct environmental review.
(e) Sense of Congress.--It is the sense of Congress that the United
States must decrease its dependence on oil from countries which are
hostile to the interests of the United States. Canada has long been a
strong trading partner, and increased access to their energy resources
will create jobs in the United States.
Passed the House of Representatives July 26, 2011.
Attest:
KAREN L. HAAS,
Clerk. | North American-Made Energy Security Act - Directs the President, acting through the Secretary of Energy (DOE), to coordinate with each federal agency responsible for coordinating or considering an aspect of the President's National Interest Determination and Presidential Permit decision regarding construction and operation of the Keystone XL pipeline (from Hardisty, Alberta, to Steele City, Nebraska, and then on to the U.S. Gulf Coast through Cushing, Oklahoma) to ensure that all necessary actions are taken on an expedited schedule.
Requires each such agency to comply with any deadline the Secretary establishes.
Directs the President, within 30 days after the final environmental impact statement, but not later than November 1, 2011, to issue a final order granting or denying the Presidential Permit for the Keystone XL pipeline.
States that no action by the Secretary pursuant to this Act shall affect any duty or responsibility to comply with any requirement to conduct environmental review.
Declares the sense of Congress that: (1) the United States must decrease its dependence on oil from countries hostile to its interests, and (2) increased access to Canadian energy resources will create jobs in the United States. | {"src": "billsum_train", "title": "To direct the President to expedite the consideration and approval of the construction and operation of the Keystone XL oil pipeline, and for other purposes."} | 1,229 | 248 | 0.461328 | 1.439167 | 0.638479 | 5.330317 | 5.366516 | 0.968326 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission to Study the Potential
Creation of the National Museum of the American Latino Act of 2007''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) In General.--There is established the Commission to Study the
Potential Creation of a National Museum of the American Latino (in this
Act referred to as the ``Commission'').
(b) Membership.--The Commission shall consist of 23 members
appointed not later than 6 months after the date of enactment of this
Act as follows:
(1) The President shall appoint 7 voting members.
(2) The Speaker of the House of Representatives, the
minority leader of the House of Representatives, the majority
leader of the Senate, and the minority leader of the Senate
shall each appoint 3 voting members.
(3) In addition to the members appointed under paragraph
(2), the Speaker of the House of Representatives, the minority
leader of the House of Representatives, the majority leader of
the Senate, and the minority leader of the Senate shall each
appoint 1 nonvoting member.
(c) Qualifications.--Members of the Commission shall be chosen from
among individuals, or representatives of institutions or entities, who
possess either--
(1) a demonstrated commitment to the research, study, or
promotion of American Latino life, art, history, political or
economic status, or culture, together with--
(A) expertise in museum administration;
(B) expertise in fundraising for nonprofit or
cultural institutions;
(C) experience in the study and teaching of Latino
culture and history at the post-secondary level;
(D) experience in studying the issue of the
Smithsonian Institution's representation of American
Latino art, life, history, and culture; or
(E) extensive experience in public or elected
service; or
(2) experience in the administration of, or the planning
for the establishment of, museums devoted to the study and
promotion of the role of ethnic, racial, or cultural groups in
American history.
SEC. 3. FUNCTIONS OF THE COMMISSION.
(a) Plan of Action for Establishment and Maintenance of Museum.--
The Commission shall submit a report to the President and Congress
containing its recommendations with respect to a plan of action for the
establishment and maintenance of a National Museum of the American
Latino in Washington, DC (in this Act referred to as the ``Museum'').
(b) Fundraising Plan.--The Commission shall develop a fundraising
plan for supporting the creation and maintenance of the Museum through
contributions by the American people, and a separate plan on
fundraising by the American Latino community.
(c) Report on Issues.--The Commission shall examine (in
consultation with the Secretary of the Smithsonian Institution), and
submit a report to the President and Congress on, the following issues:
(1) The availability and cost of collections to be acquired
and housed in the Museum.
(2) The impact of the Museum on regional Hispanic- and
Latino-related museums.
(3) Possible locations for the Museum in Washington, DC and
its environs, to be considered in consultation with the
National Capital Planning Commission and the Commission of Fine
Arts, the Department of the Interior and Smithsonian
Institution.
(4) Whether the Museum should be located within the
Smithsonian Institution.
(5) The governance and organizational structure from which
the Museum should operate.
(6) How to engage the American Latino community in the
development and design of the Museum.
(7) The cost of constructing, operating, and maintaining
the Museum.
(d) Legislation To Carry Out Plan of Action.--Based on the
recommendations contained in the report submitted under subsection (a)
and the report submitted under subsection (c), the Commission shall
submit for consideration to the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on House
Administration of the House of Representatives, the Committee on Rules
and Administration of the Senate, the Committees on Natural Resources
of the House of Representatives and the Senate, and the Committees on
Appropriations of the House of Representatives and the Senate
recommendations for a legislative plan of action to create and
construct the Museum.
(e) National Conference.--In carrying out its functions under this
section, the Commission may convene a national conference on the
Museum, comprised of individuals committed to the advancement of
American Latino life, art, history, and culture, not later than 18
months after the commission members are selected.
SEC. 4. ADMINISTRATIVE PROVISIONS.
(a) Facilities and Support of Department of the Interior.--The
Department of the Interior shall provide from funds appropriated for
this purpose administrative services, facilities, and funds necessary
for the performance of the Commission's functions. These funds shall be
made available prior to any meetings of the Commission.
(b) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government may receive compensation
for each day on which the member is engaged in the work of the
Commission, at a daily rate to be determined by the Secretary of the
Interior.
(c) Travel Expenses.--Each member shall be entitled to travel
expenses, including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(d) Federal Advisory Committee Act.--The Commission is not subject
to the provisions of the Federal Advisory Committee Act.
SEC. 5. DEADLINE FOR SUBMISSION OF REPORTS; TERMINATION.
(a) Deadline.--The Commission shall submit final versions of the
reports and plans required under section 3 not later than 24 months
after the date of the Commission's first meeting.
(b) Termination.--The Commission shall terminate not later than 30
days after submitting the final versions of reports and plans pursuant
to subsection (a).
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for carrying out the
activities of the Commission $2,100,000 for the first fiscal year
beginning after the date of enactment of this Act and $1,100,000 for
the second fiscal year beginning after the date of enactment of this
Act. | Commission to Study the Potential Creation of the National Museum of the American Latino Act of 2007 - Establishes the Commission to Study the Potential Creation of a National Museum of the American Latino to study and make recommendations to the President and the Congress on a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, DC. | {"src": "billsum_train", "title": "A bill to establish the Commission to Study the Potential Creation of the National Museum of the American Latino to develop a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, DC, and for other purposes."} | 1,355 | 78 | 0.634493 | 1.580089 | 0.91551 | 7.117647 | 18.558824 | 0.970588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Servicemembers' Electronic
Records' Viability Act'' or the ``E-SERV Act''.
SEC. 2. DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
INTERAGENCY PROGRAM OFFICE.
(a) Purpose of Office.--Section 1635(b)(2)(A) of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 note) is
amended to read as follows:
``(A) To--
``(i) act as a single point of
accountability and authority for the Department
of Defense and the Department of Veterans
Affairs in the rapid development and
implementation of electronic health record
systems or capabilities that allow for full
interoperability of personal health care
information between the Department of Defense
and the Department of Veterans Affairs; and
``(ii) be the single program office of the
Department of Defense and the Department of
Veterans Affairs that is responsible for the
development, implementation, and sustainment of
all electronic health record systems and
capabilities.''.
(b) Leadership of Office.--Section 1635(c) of such Act is amended
by adding at the end the following:
``(6) Supervision of director.--
``(A) Except as provided by subparagraph (B), the
Director shall report directly to the Secretary of
Defense and the Secretary of Veterans Affairs without
the interposition of any other supervising official.
Each Secretary shall be responsible for one-half of any
performance review of the Director.
``(B) The Secretaries may jointly delegate
supervision described in subparagraph (A) to an
official of the Department of Defense and to an
official of the Department of Veterans Affairs at a
level not lower than Deputy Secretary.''.
(c) Function.--Section 1635(d) of such Act is amended to read as
follows:
``(d) Function.--
``(1) In general.--The function of the Office shall be to
develop, implement, and sustain electronic health record
systems and capabilities for the Department of Defense and the
Department of Veterans Affairs. Such systems shall--
``(A) allow for full interoperability of personal
health care information between the Departments;
``(B) to the extent practicable, consist of a
seamless, integrated process that addresses the unique
needs of each Department; and
``(C) ensure that health records comply with
applicable interoperability standards, implementation
specifications, and certification criteria (including
for the reporting of quality measures) of the Federal
Government.
``(2) Sole responsible office.--The Office shall--
``(A) be the only office of the Department of
Defense and the Department of Veterans Affairs
responsible for electronic health record capabilities,
including any such capabilities existing before January
16, 2008; and
``(B) represent each Department to other
departments and agencies of the Federal Government and
to Congress with respect to activities regarding the
electronic health record systems capabilities of the
Departments.
``(3) Programming and budgeting authority.--
``(A) The Office shall carry out planning,
programming, budgeting, and execution activities
required to carry out the functions described in
paragraph (1), including activities related to the
design, development, testing, acquisition,
implementation, and sustainment of electronic health
record systems and capabilities.
``(B) In the budget materials submitted to the
President by the Secretary of Defense and the Secretary
of Veterans Affairs in connection with the submission
to Congress, pursuant to section 1105 of title 31,
United States Code, of the budget for fiscal year 2013,
and each subsequent fiscal year, each Secretary shall
ensure that the Office is listed as a separate,
dedicated budget line.''.
(d) Staff.--Section 1635(g) of such Act is amended by adding at the
end the following:
``(3) Supervision.--Personnel assigned to the Office under
paragraph (1) and other personnel of the Department of Defense
and the Department of Veterans Affairs who are assigned to
electronic health record initiatives shall be under the
direction of the Director.
``(4) Request for resources.--The Secretary of Defense and
the Secretary of Veterans Affairs shall furnish to the Director
resources requested by the Director to carry out this section,
to the extent practicable.''.
(e) Conforming Amendment.--Section 1635 of such Act is amended by
striking ``subsection (d)'' and inserting ``subsection (d)(1)'' each
place it appears.
(f) Implementation.--Of the funds authorized to be appropriated for
each of fiscal years 2012 and 2013 to carry out the interagency program
office of the Department of Defense and the Department of Veterans
Affairs established under section 1635 of the Wounded Warrior Act
(title XVI of Public Law 110-181; 10 U.S.C. 1071 note), not more than
10 percent may be obligated or expended until the date on which the
Secretary of Defense and the Secretary of Veterans Affairs jointly
certify to Congress that the amendments made by subsections (a) through
(d) have been implemented. | Ensuring Servicemembers' Electronic Records' Viability Act or the E-SERV Act - Amends the Wounded Warrior Act to make the interagency program office of the Department of Defense (DOD) and the Department of Veterans Affairs (VA) established by such Act the single: (1) point of accountability and authority (currently, accountability only) for the DOD and VA in the development and implementation of electronic health record systems or capabilities (including capabilities existing before January 16, 2008) that allow for full interoperability of personal health care information between such agencies; and (2) program office of such Departments that is responsible for the development, implementation, and sustainment of all electronic health record systems and capabilities.
Requires: (1) the Director of such office to report directly to the DOD and VA Secretaries (or a jointly delegated official of each Department not lower than Deputy Secretary) without interposition of any other supervising official, and (2) the office to carry out the programming and budgeting of such activities. | {"src": "billsum_train", "title": "To improve the electronic health information systems and capabilities of the Department of Defense and the Department of Veterans Affairs."} | 1,127 | 220 | 0.70641 | 2.166446 | 0.857292 | 3.139175 | 5.391753 | 0.943299 |
SECTION 1. SHORT TITLE; REFERENCE.
(a) Short Title.--This Act may be cited as the ``Tax Return Due
Date Simplification and Modernization Act of 2011''.
(b) Reference.--Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms of an amendment
to, or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Internal
Revenue Code of 1986.
SEC. 2. NEW DUE DATE FOR PARTNERSHIP FORM 1065, S CORPORATION FORM
1120S, AND C CORPORATION FORM 1120.
(a) Partnerships.--
(1) In general.--Section 6072 is amended by adding at the
end the following new subsection:
``(f) Returns of Partnerships.--Returns of partnerships under
section 6031 made on the basis of the calendar year shall be filed on
or before the 15th day of March following the close of the calendar
year, and such returns made on the basis of a fiscal year shall be
filed on or before the 15th day of the third month following the close
of the fiscal year.''.
(2) Conforming amendment.--Section 6072(a) is amended by
striking ``6017, or 6031'' and inserting ``or 6017''.
(b) S Corporations.--
(1) In general.--So much of subsection (b) of 6072 as
precedes the second sentence thereof is amended to read as
follows:
``(b) Returns of Certain Corporations.--Returns of S corporations
under sections 6012 and 6037 made on the basis of the calendar year
shall be filed on or before the 31st day of March following the close
of the calendar year, and such returns made on the basis of a fiscal
year shall be filed on or before the last day of the third month
following the close of the fiscal year.''.
(2) Conforming amendments.--
(A) Section 1362(b) is amended--
(i) by striking ``15th'' each place it
appears and inserting ``last'',
(ii) by striking ``2\1/2\'' each place it
appears and inserting ``3'', and
(iii) by striking ``2 months and 15 days''
in paragraph (4) and inserting ``3 months''.
(B) Section 1362(d)(1)(C)(i) is amended by striking
``15th'' and inserting ``last''.
(C) Section 1362(d)(1)(C)(ii) is amended by
striking ``such 15th day'' and inserting ``the last day
of the 3d month thereof''.
(c) Conforming Amendments Relating to C Corporations.--
(1) Section 170(a)(2)(B) is amended by striking ``third
month'' and inserting ``4th month''.
(2) Section 563 is amended by striking ``third month'' each
place it appears and inserting ``4th month''.
(3) Section 1354(d)(1)(B)(i) is amended by striking ``3d
month'' and inserting ``4th month''.
(4) Subsection (a) and (c) of section 6167 are each amended
by striking ``third month'' and inserting ``4th month''.
(5) Section 6425(a)(1) is amended by striking ``third
month'' and inserting ``4th month''.
(6) Subsections (b)(2)(A), (g)(3), and (h)(1) of section
6655 are each amended by striking ``3rd month'' and inserting
``4th month''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to returns for
taxable years beginning after December 31, 2011.
(2) Delayed date for c corporations with fiscal years
ending on june 30.--In the case of any C corporation with a
fiscal year ending on June 30, the amendments made by this
section shall apply to taxable years beginning after December
31, 2021.
SEC. 3. MODIFICATION OF DUE DATES BY REGULATION.
In the case of returns for taxable years beginning after December
31, 2011, the Secretary of the Treasury or the Secretary's delegate
shall modify appropriate regulations to provide as follows:
(1) The maximum extension for the returns of partnerships
filing Form 1065 shall be a 6-month period ending on September
15 for calendar year taxpayers.
(2) The maximum extension for the returns of trusts filing
Form 1041 shall be a 5\1/2\-month period ending on September 30
for calendar year taxpayers.
(3) The maximum extension for the returns of employee
benefit plans filing Form 5500 shall be an automatic 3\1/2\-
month period ending on November 15 for calendar year taxpayers.
(4) The maximum extension for the returns of organizations
exempt from income tax filing Form 990 shall be an automatic 6-
month period ending on November 15 for calendar year filers.
(5) The due date of Form 3520-A (relating to the Annual
Information Return of Foreign Trust with a United States Owner)
for calendar year filers shall be April 15 with a maximum
extension for a 6-month period ending on October 15.
(6) The due date of Form TD F 90-22.1 (relating to Report
of Foreign Bank and Financial Accounts) shall be April 15 with
a maximum extension for a 6-month period ending on October 15
and with provision for an extension under rules similar to the
rules in Treas. Reg. section 1.6081-5. For any taxpayer
required to file such Form for the first time, any penalty for
failure to timely request for, or file, an extension, may be
waived by the Secretary.
SEC. 4. CORPORATIONS PERMITTED STATUTORY AUTOMATIC 6-MONTH EXTENSION OF
INCOME TAX RETURNS.
(a) In General.--Section 6081(b) is amended by striking ``3
months'' and inserting ``6 months (7 months in the case of a C
corporation described in section 2(d)(2) of the Tax Return Due Date
Simplification and Modernization Act of 2011)''.
(b) Uniform Rule After Certain C Corporations Are Subject to
General Filing Rules.--Section 6081(b), as amended by subsection (a),
is amended by striking ``6 months (7 months in the case of a C
corporation described in section 2(d)(2) of the Tax Return Due Date
Simplification and Modernization Act of 2011)'' and inserting ``6
months''.
(c) Conforming Amendments.--
(1) Section 6081(a) is amended by inserting ``or C
corporations that are described in section 2(d)(2) of the Tax
Return Due Date Simplification and Modernization Act of 2011''
after ``abroad''.
(2) Section 6081(a), as amended by paragraph (1) is amended
by striking ``or C corporations that are described in section
2(d)(2) of the Tax Return Due Date Simplification and
Modernization Act of 2011'' after ``abroad''.
(d) Effective Dates.--
(1) In general.--The amendments made by subsections (a) and
(c)(1) shall apply to returns for taxable years beginning after
December 31, 2011.
(2) Uniform rule.--The amendments made by subsections (b)
and (c)(2) shall apply to returns for taxable years beginning
after December 31, 2021. | Tax Return Due Date Simplification and Modernization Act of 2011 - Amends the Internal Revenue Code to change tax return due dates for partnerships (from April 15 to March 15, with extensions until September 15), S corporations (from March 15 to March 31, with extensions until September 30), and C corporations (from March 15 to April 15, with extensions until October 15). Makes the new return date for C corporations with a fiscal year ending on June 30 applicable to taxable years beginning after December 31, 2021.
Requires the Secretary of the Treasury, for taxable years beginning after December 31, 2011, to modify by regulation the due dates for extensions of tax returns for partnerships, estates, employee benefit plans, and tax-exempt organizations. Sets a due date of April 15 for the annual information return of a foreign trust with a U.S. owner and for the report of foreign bank and financial accounts (with extensions until October 15).
Extends the automatic extension for corporate income tax returns from three to six months (seven months for C corporations with a fiscal year ending on June 30). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for the logical flow of return information between partnerships, corporations, trusts, estates, and individuals to better enable each party to submit timely, accurate returns and reduce the need for extended and amended returns, to provide for modified due dates by regulation, and to conform the automatic corporate extension period to longstanding regulatory rule."} | 1,710 | 230 | 0.512853 | 1.32421 | 0.69235 | 2.469767 | 6.860465 | 0.897674 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Access to Credit Scores Act of
2017''.
SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES.
(a) In General.--Section 609 of the Fair Credit Reporting Act (15
U.S.C. 1681g) is amended--
(1) in subsection (a)(1)--
(A) by striking ``and'' at the end and inserting a
period;
(B) by striking ``except that--'' and all that
follows through ``(A) if the'' and inserting ``except
that if the''; and
(C) by striking subparagraph (B);
(2) in subsection (a), by adding at the end the following:
``(7) If the consumer reporting agency is a consumer
reporting agency that compiles and maintains files on consumers
on a nationwide basis as described in section 603(p), each such
agency shall disclose a current credit score generated using
the scoring algorithm, formula, model, program, or mechanism
that is most frequently used to generate credit scores sold to
creditors, subject to regulations of the Bureau, along with any
information in the consumer's file at the time of the request
concerning credit scores or any other risk scores or other
predictors relating to the consumer, if such request is made in
connection with a free annual disclosure made pursuant to
section 612(a).
``(8) Such other consumer information as the Bureau
considers appropriate with respect to consumer financial
education, including the information required by subsection
(f)(1), information describing the credit score of the consumer
with respect to a range of possible credit scores, and the
general factors contributing to the credit scores of
consumers.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``, a consumer reporting
agency'' and all that follows through ``shall
include--'' and inserting ``or a risk score, a
consumer reporting agency shall supply to the
consumer--''; and
(ii) by amending subparagraph (A) to read
as follows:
``(A) any credit score or risk score in the file of
the consumer at the consumer reporting agency;'';
(B) in paragraph (2)--
(i) by redesignating subparagraph (B) as
subparagraph (C); and
(ii) by striking subparagraph (A) and
inserting the following:
``(A) Credit score.--The term `credit score' means
a numerical value or a categorization derived from a
statistical tool or modeling system used by a person
who makes or arranges a loan to predict the likelihood
of certain credit behaviors, including default.
``(B) Risk score.--The term `risk score' means a
numerical value or a categorization derived from a
statistical tool or modeling system based upon
information from a consumer report for the purpose of
predicting the likelihood of certain behaviors or
outcomes, and includes scores used for the underwriting
of insurance.'';
(C) by striking paragraph (6) and inserting the
following:
``(6) Maintenance of credit scores.--All consumer reporting
agencies shall maintain in the consumer's file credit scores or
any other risk scores or other predictors relating to the
consumer for a period of not less than 1 year beginning on the
date on which such information is generated.'';
(D) by striking paragraph (7) and redesignating
paragraphs (8) and (9) as paragraphs (7) and (8),
respectively; and
(E) in paragraph (7) (as so redesignated), by
inserting before the period at the end the following:
``, except that a consumer reporting agency described
in section 603(p) shall provide a credit score without
charge to the consumer if the consumer is requesting
the score in connection with a free annual disclosure
made pursuant to section 612(a)''.
(b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit
Reporting Act (15 U.S.C. 1681j(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``free credit report'' and
inserting ``free or low cost credit report or credit
score''; and
(B) by inserting ``and free credit scores'' after
``free credit reports''; and
(2) in paragraph (2), by inserting ``or free credit score,
as applicable,'' after ``free credit report''.
(c) Technical Corrections.--The Fair Credit Reporting Act (15
U.S.C. 1681a et seq.) is amended--
(1) in section 603 (15 U.S.C. 1681a)--
(A) in subsection (d)(2)(D), by striking ``(x)''
and inserting ``(y)'';
(B) in subsection (q)(5), by striking ``103(i)''
and inserting ``103(j)''; and
(C) in subsection (v), by striking ``Bureau'' and
inserting ``Federal Trade Commission'';
(2) in section 604 (15 U.S.C. 1681b)--
(A) in subsection (b)--
(i) in paragraph (2)(B)(i), by striking
``section 615(a)(3)'' and inserting ``section
615(a)(4)'';
(ii) in paragraph (3)(B)(ii), by striking
``clause (B)(i)(IV)'' and inserting ``clause
(i)(IV)'';
(iii) in paragraph (4)(A)(ii), by inserting
``and'' after the semicolon; and
(iv) by striking ``section 609(c)(3)'' each
place that term appears and inserting ``section
609(c)''; and
(B) in subsection (g)(5), by striking ``paragraph
(2).--'' and all that follows through ``The Bureau''
and inserting ``paragraph (2).--The Bureau'';
(3) in section 605 (15 U.S.C. 1681c)--
(A) in subsection (f), by striking ``who'' and
inserting ``which''; and
(B) in subsection (h)(2)(A)--
(i) by striking ``shall,,'' and inserting
``shall,''; and
(ii) by striking ``Commission,,'' and
inserting ``Commission,'';
(4) in section 605A(h)(1)(A) (15 U.S.C. 1681c-1(h)(1)(A)),
by striking ``103(i)'' and inserting ``103(j)'';
(5) in section 607(e)(3)(A) (15 U.S.C. 1681e(e)(3)(A)), by
striking ``section 604(b)(4)(E)(i)'' and inserting ``section
604(b)(4)(D)(i)'';
(6) in section 609 (15 U.S.C. 1681g)--
(A) in subsection (a)(3)(C)(i), by striking
``section 604(b)(4)(E)(i)'' and inserting ``section
604(b)(4)(D)(i)'';
(B) in subsection (c)(1)--
(i) in the paragraph heading, by striking
``Commission'' and inserting ``Bureau''; and
(ii) in subparagraph (B)(vi), by striking
``603(w)'' and inserting ``603(x)'';
(C) in subsection (e)(2)(B)(ii)(II), by striking
``an''; and
(D) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau'';
(7) in section 610 (15 U.S.C. 1681h)--
(A) in subsection (b)(1), by inserting ``section''
after ``under''; and
(B) in subsection (e), by inserting a comma after
``on the report'';
(8) in section 611 (15 U.S.C. 1681i), by striking ``The
Commission'' each place that term appears and inserting ``The
Bureau'';
(9) in section 612 (15 U.S.C. 1681j)--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking
``(w)'' and inserting ``(x)''; and
(ii) in subparagraph (C), by striking
``603(w)'' each place that term appears and
inserting ``603(x)'';
(B) in subsection (g)(2), by striking ``televison''
and inserting ``television''; and
(C) by striking ``The Commission'' each place that
term appears and inserting ``The Bureau''; and
(10) in section 621 (15 U.S.C. 1681s)--
(A) in subsection (a)(1), in the first sentence, by
striking ``, subsection (b)'';
(B) in subsection (e)(2), by inserting a period
after ``provisions of this title''; and
(C) in subsection (f)(2), by striking ``The
Commission'' and inserting ``The Bureau''. | Fair Access to Credit Scores Act of 2017 This bill amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, upon request, as part of a consumer's free annual disclosure: (1) the consumer's current credit score, (2) any other information in the consumer's file regarding risk scores or predictors, and (3) any other consumer information the Consumer Financial Protection Bureau considers appropriate with respect to consumer financial education. Consumer reporting agencies shall maintain such scores or predictors in a consumer's file for at least one year after the data is generated. | {"src": "billsum_train", "title": "Fair Access to Credit Scores Act of 2017"} | 2,220 | 141 | 0.633507 | 1.660993 | 0.726164 | 2.738318 | 17.074766 | 0.88785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antidumping Compensation Act of
1994''.
SEC. 2. COMPENSATION AWARDS.
Subtitle C of title VII of the Tariff Act of 1930 is amended by
inserting after section 736 the following new section:
``SEC. 736A. COMPENSATION AWARDS.
``(a) Definitions.--For the purposes of this section--
``(1) the term `affected domestic producer' means any
manufacturer, producer, or worker representative that was a
petitioner or interested party in support of the petition with
respect to which an affirmative injury determination was made
in connection with an antidumping duty finding or order or
countervailing duty order;
``(2) the term `antidumping duty finding or order' means an
antidumping finding published under the Antidumping Act, 1921,
or an antidumping duty order published under section 736;
``(3) the term `Commissioner' means the Commissioner of the
United States Customs Service;
``(4) the term `countervailing duty order' means a
countervailing duty order published under section 303 or 706;
and
``(5) the term `Secretary' means the Secretary of the
Treasury.
``(b) Compensation Procedures.--The Commissioner shall prescribe
procedures governing when in each year compensation will be provided
under this section, except that such compensation shall be distributed,
not later than 30 days after the release of the Annual Report on the
Status of the Antidumping/Countervailing Duty Program.
``(c) Parties Eligible for Compensation.--
``(1) Information on petitioners and other supporters of
petition.--(A) The Commission shall forward to the
Commissioner, with respect to each antidumping duty finding or
order, or a countervailing duty order--
``(i) a list of petitioners and those persons that
indicated support of the petition by letter or through
responses to questionnaires transmitted to such persons
under this title, and
``(ii) a confidential tabulation of the dollar
value of sales of the domestic like product
corresponding to the merchandise that is the subject of
the order of finding, for each petitioner or person
described in clause (i), during the last 12-month
period covered by the investigation by the Commission
that resulted in the order or finding.
The confidentiality of the data submitted by the Commission to
the Commissioner shall be maintained. In the case of a
countervailing duty order for which no determination of injury
was required, the Commissioner shall obtain the information
described in clause (ii) from the named petitioners for the
most recent calendar year.
``(B)(i) Subject to clause (ii), the Commission shall
forward the information required by subparagraph (A) to the
Commissioner--
``(I) within 60 days after the effective date of
this section in the case of an antidumping duty finding
or order or a countervailing duty order in effect on
such effective date, and
``(II) within 60 days after the issuance of an
antidumping duty finding or order or a countervailing
duty order issued on or after such effective date.
``(ii) In the case of a countervailing duty order for which
no determination of injury was required, subclause (I) and (II)
of clause (i) shall apply by substituting `180' for `60'.
``(2) Publication of notice of intent to distribute
compensation.--The Commissioner shall publish in the Federal
Register, at least 30 days before payments are made under the
section, a notice of intention to distribute compensation, and
the list of persons eligible for such compensation based on the
list obtained from the Commission under paragraph (1), and
shall request from each prospective recipient a certification
that the person desires to receive compensation and the person
continues to manufacture the domestic like product involved.
``(3) Distribution.--The Commissioner shall distribute all
funds (including all interest earned) from assessments in the
completed fiscal year, from the appropriate special
compensation account established under subsection (e), to the
persons making the certifications under paragraph (2), in
amounts proportionate to the percentage of sales of all such
persons that is attributable to such person on the basis of the
information supplied by the Commission under paragraph (1).
``(d) Deduction of Historically Budgeted Amount Prior to
Distribution.--Prior to the distribution of amounts from the special
compensation accounts established under subsection (e) in a fiscal
year, the Commissioner shall deduct from the total duties assessed for
that fiscal year for all outstanding antidumping findings or orders and
all outstanding countervailing duty orders an amount equal to the
average of the sums budgeted in the United States budget for fiscal
years 1988 through 1995 for revenues of the Customs Service. Each
special compensation account shall be reduced on a percentage basis,
before amounts in the account are distributed, to reflect the
percentage of total duty assessments that is deducted under the
preceding sentence.
``(e) Special Compensation Accounts.--
``(1) Establishment.--Within 14 days after the effective
date of this section in the case for antidumping duty findings
and orders or countervailing duty orders issued before such
effective date, and within 14 days after the date on which an
antidumping duty order or a countervailing duty order takes
effect in every other case, the Commissioner shall establish in
the Treasury of the United States a special compensation
account with respect to the order or finding.
``(2) Deposits into accounts.--The Commissioner shall
deposit into a special compensation account all antidumping or
countervailing duties, including interest on such duties, that
are collected under the antidumping order or finding or
countervailing duty order with respect to which the account was
established.
``(3) Availability.--The amounts in a special compensation
account shall be available for payment of compensation awards
under section (c), after deduction of the amounts under
subsection (d).
``(4) Time and manner of payments.--The Commissioner shall
by regulation prescribe the time and manner in which payment of
compensation awards from special compensation accounts will be
made.
``(5) Termination.--Each special compensation account shall
remain in existence, and compensation awards from such account
shall be paid, until the order or finding for which the account
was established terminates, and all duties relating to that
order or finding are assessed and entries liquidated and all
funds in the account are distributed to the persons eligible
for such compensation awards. Any amounts unable to be
distributed within 90 days after the time of the final
distribution of amounts in the account shall be deposited in
the general Treasury.''. | Antidumping Compensation Act of 1994 - Amends the Tariff Act of 1930 to direct the International Trade Commission (ITC), with respect to the award of compensation under an antidumping duty finding or order, or countervailing duty order, to forward to the Commissioner of the United States Customs Service a list of petitioners and persons supporting the petition with respect to the dollar value of sales of the domestic like product corresponding to the merchandise that is subject to such order or finding during the last year covered by the original ITC investigation.
Requires the Commissioner to establish a special compensation account composed of all antidumping or countervailing duties, including interest, that are collected under an antidumping or countervailing duty order or finding. | {"src": "billsum_train", "title": "Antidumping Compensation Act of 1994"} | 1,424 | 155 | 0.692241 | 2.19358 | 0.688352 | 3.310606 | 10.310606 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Preventive Services
Coverage Act of 2004''.
SEC. 2. COVERAGE OF ADDITIONAL PREVENTIVE SERVICES DETERMINED
APPROPRIATE BY THE SECRETARY.
(a) Coverage.--Section 1861(s)(2) of the Social Security Act (42
U.S.C. 1395x(s)(2)), as amended by section 642(a) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2322), is amended--
(1) in subparagraph (Y), by striking ``and'' after the
semicolon at the end;
(2) in subparagraph (Z), by adding ``and'' after the
semicolon at the end; and
(3) by adding at the end the following new subparagraph:
``(AA) additional preventive services (as defined in
subsection (bbb)(1));''.
(b) Services Described.--Section 1861 of the Social Security Act
(42 U.S.C. 1395x), as amended by section 706(b) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173; 117 Stat. 2339), is amended by adding at the end the
following new subsection:
``(bbb) Additional Preventive Services.--(1) The term `additional
preventive services' means items and services, including mental health
services, not otherwise covered under this title that the Secretary
determines to be reasonable and necessary for the prevention or early
detection of an illness or disability.
``(2) In making determinations under paragraph (1), the Secretary
shall--
``(A) take into account evidence-based recommendations by
the United States Preventive Services Task Force and other
appropriate organizations; and
``(B) use the process for making national coverage
determinations (as defined in section 1869(f)(1)(B)) under this
title.''.
(c) Payment and Elimination of Cost-sharing.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)), as amended by section 302(b)(2) of
the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003 (Public Law 108-173; 117 Stat. 2229), is amended--
(A) by striking ``and'' before ``(V)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (W) with respect to additional
preventive services (as defined in section
1861(bbb)(1)), the amount paid shall be 100 percent of
the lesser of the actual charge for the services or the
amount determined under a fee schedule established by
the Secretary for purposes of this subparagraph''.
(2) Elimination of coinsurance in outpatient hospital
settings.--
(A) Exclusion from opd fee schedule.--Section
1833(t)(1)(B)(iv) of the Social Security Act (42 U.S.C.
1395l(t)(1)(B)(iv)), as amended by section 614 of the
Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2306), is amended by striking ``and diagnostic
mammography'' and inserting ``, diagnostic mammography,
or additional preventive services (as defined in
section 1861(bbb)(1))''.
(B) Conforming amendments.--Section 1833(a)(2) of
the Social Security Act (42 U.S.C. 1395l(a)(2)) is
amended--
(i) in subparagraph (F), by striking
``and'' after the semicolon at the end;
(ii) in subparagraph (G)(ii), by striking
the comma at the end and inserting ``; and'';
and
(iii) by inserting after subparagraph
(G)(ii) the following new subparagraph:
``(H) with respect to additional preventive
services (as defined in section 1861(bbb)(1)) furnished
by an outpatient department of a hospital, the amount
determined under paragraph (1)(W),''.
(3) Waiver of application of deductible.--The first
sentence of section 1833(b) of the Social Security Act (42
U.S.C. 1395l(b)) is amended--
(A) by striking ``and'' before ``(6)''; and
(B) by inserting before the period the following:
``, and (7) such deductible shall not apply with
respect to additional preventive services (as defined
in section 1861(bbb)(1))''.
(d) Inclusion as Part of Initial Preventive Physical Examination.--
Section 1861(ww)(2) of the Social Security Act (42 U.S.C.
1395x(ww)(2)), as added by section 611(b) of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173;
117 Stat. 2303), is amended by adding at the end the following new
subparagraph:
``(L) Additional preventive services (as defined in
subsection (bbb)(1)).''.
(e) Effective Date.--The amendments made by this section shall
apply to services furnished on or after the date of enactment of this
Act. | Medicare Preventive Services Coverage Act of 2004 - Amends part E (Miscellaneous) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug Improvement and Modernization Act of 2003, to provide for additional preventive services (including mental health services) under Medicare.
Eliminates coinsurance in outpatient department (OPD) hospital settings and application of deductible with respect to additional preventive services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to modernize the Medicare Program by ensuring that appropriate preventive services are covered under such program."} | 1,277 | 101 | 0.514154 | 1.253783 | 0.889459 | 2.792208 | 13.142857 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saudi Arabia Accountability Act of
2003''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) United Nations Security Council Resolution 1373 (2001)
mandates that all states ``refrain from providing any form of
support, active or passive, to entities or persons involved in
terrorist acts'', take ``the necessary steps to prevent the
commission of terrorist acts'', and ``deny safe haven to those
who finance, plan, support, or commit terrorist acts''.
(2) The Council on Foreign Relations concluded in an
October 2002 report on terrorist financing that ``[f]or years,
individuals and charities based in Saudi Arabia have been the
most important source of funds for al-Qaeda, and for years,
Saudi officials have turned a blind eye to this problem''.
(3) The Middle East Media Research Institute concluded in a
July 3, 2003, report on Saudi support for Palestinian
terrorists that ``for decades, the royal family of the Kingdom
of Saudi Arabia has been the main financial supporter of
Palestinian groups fighting Israel''. The report notes
specifically that Saudi-sponsored organizations have funneled
over $4,000,000,000 to finance the Palestinian intifada that
began in September 2000.
(4) Much of this Saudi money has been directed to Hamas and
to the families of suicide bombers, directly funding and
rewarding suicide bombers. In December 2000, former Palestinian
Prime Minister Mahmoud Abbas wrote to the Saudis to complain
about their support for Hamas.
(5) The New York Times, citing United States and Israeli
sources, reported on September 17, 2003, that at least 50
percent of the current operating budget of Hamas comes from
``people in Saudi Arabia''.
(6) Many Saudi-funded religious institutions and the
literature they distribute teach a message of hate and
intolerance that provides an ideological basis for anti-Western
terrorism. The effects of these teachings are evidenced by the
fact that Osama bin Laden himself and 15 of the 19 September
11th hijackers were Saudi citizens.
(7) After the 1996 bombing of the Khobar Towers housing
complex at Dahran, Saudi Arabia, which killed 19 United States
Air Force personnel and wounded approximately 400 people, the
Government of Saudi Arabia refused to allow United States
officials to question individuals held in detention by the
Saudis in connection with the attack.
(8) During an October 2002 hearing on financing of
terrorism before the Committee on the Judiciary of the Senate,
the Undersecretary for Enforcement of the Department of the
Treasury testified that the Government of Saudi Arabia had
taken only ``baby steps'' toward stemming the financing of
terrorist activities.
(9) During a July 2003 hearing on terrorism before the
Subcommittee on Terrorism, Technology and Homeland Security of
the Committee on the Judiciary of the Senate, David Aufhauser,
General Counsel of the Treasury Department, stated that Saudi
Arabia is, in many cases, the ``epicenter'' of financing for
terrorism.
(10) A joint committee of the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives issued a report
on July 24, 2003, that quotes various United States Government
personnel who complained that the Saudis refused to cooperate
in the investigation of Osama bin Laden and his network both
before and after the September 11, 2001, terrorist attacks.
(11) There are indications that, since the May 12, 2003,
suicide bombings in Riyadh, the Government of Saudi Arabia is
making a more serious effort to combat terrorism.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is imperative that the Government of Saudi Arabia
immediately and unconditionally--
(A) provide complete, unrestricted, and
unobstructed cooperation to the United States,
including the unsolicited sharing of relevant
intelligence in a consistent and timely fashion, in the
investigation of groups and individuals that are
suspected of financing, supporting, plotting, or
committing an act of terror against United States
citizens anywhere in the world, including within the
Kingdom of Saudi Arabia;
(B) permanently close all charities, schools, or
other organizations or institutions in the Kingdom of
Saudi Arabia that fund, train, incite, encourage, or in
any other way aid and abet terrorism anywhere in the
world (hereafter in this Act referred to as ``Saudi-
based terror organizations''), including by means of
providing support for the families of individuals who
have committed acts of terrorism;
(C) end funding or other support by the Government
of Saudi Arabia for charities, schools, and any other
organizations or institutions outside the Kingdom of
Saudi Arabia that train, incite, encourage, or in any
other way aid and abet terrorism anywhere in the world
(hereafter in this Act referred to as ``offshore terror
organizations''), including by means of providing
support for the families of individuals who have
committed acts of terrorism; and
(D) block all funding from private Saudi citizens
and entities to any Saudi-based terror organization or
offshore terrorism organization; and
(2) the President, in deciding whether to make the
certification under section 4, should judge whether the
Government of Saudi Arabia has continued and sufficiently
expanded the efforts to combat terrorism that it redoubled
after the May 12, 2003, bombing in Riyadh.
SEC. 4. SANCTIONS.
(a) Restrictions on Exports and Diplomatic Travel.--Unless the
President makes the certification described in subsection (c), the
President shall take the following actions:
(1) Prohibit the export to the Kingdom of Saudi Arabia, and
prohibit the issuance of a license for the export to the
Kingdom of Saudi Arabia, of--
(A) any defense articles or defense services on the
United States Munitions List under section 38 of the
Arms Export Control Act (22 U.S.C. 2778) for which
special export controls are warranted under such Act
(22 U.S.C. 2751 et seq.); and
(B) any item identified on the Commerce Control
List maintained under part 774 of title 15, Code of
Federal Regulations.
(2) Restrict travel of Saudi diplomats assigned to
Washington, District of Columbia, New York, New York, the Saudi
Consulate General in Houston, or the Saudi Consulate in Los
Angeles to a 25-mile radius of Washington, District of
Columbia, New York, New York, the Saudi Consulate General in
Houston, or the Saudi Consulate in Los Angeles, respectively.
(b) Waiver.--The President may waive the application of subsection
(a) if the President--
(1) determines that it is in the national security interest
of the United States to do so; and
(2) submits to the appropriate congressional committees a
report that contains the reasons for such determination.
(c) Certification.--The President shall transmit to the appropriate
congressional committees a certification of any determination made by
the President after the date of the enactment of this Act that the
Government of Saudi Arabia--
(1) is fully cooperating with the United States in
investigating and preventing terrorist attacks;
(2) has permanently closed all Saudi-based terror
organizations;
(3) has ended any funding or other support by the
Government of Saudi Arabia for any offshore terror
organization; and
(4) has exercised maximum efforts to block all funding from
private Saudi citizens and entities to offshore terrorist
organizations.
SEC. 5. REPORT.
(a) Requirement for Report.--Not later than 6 months after the date
of the enactment of this Act, and every 12 months thereafter until the
President makes the certification described in section 4(c), the
Secretary of State shall submit to the appropriate congressional
committees a report on the progress made by the Government of Saudi
Arabia toward meeting the conditions described in paragraphs (1)
through (4) of section 4(c).
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 6. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives. | Saudi Arabia Accountability Act of 2003 - Expresses the sense of Congress that the Government of Saudi Arabia must immediately and unconditionally: (1) provide complete, unrestricted, and unobstructed cooperation to the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, incite, encourage, or in any way aid and abet terrorism anywhere in the world; (3) end all funding for terror organizations outside Saudi Arabia ("offshore terror organizations"); and (4) block all funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations.
Directs the President to certify to Congress that the Government of Saudi Arabia is fully cooperating with the United States in investigating and preventing terrorist attacks, has closed permanently all Saudi-based terror organizations, has ended funding for any offshore terror organization, and has made all efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Requires the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify that the Government of Saudi Arabia has taken the measures required by this Act to combat terrorism. Allows the President to waive such sanctions if the President determines that it is in the national security interest to do so. | {"src": "billsum_train", "title": "A bill to halt Saudi support for institutions that fund, train, incite, encourage, or in any other way aid and abet terrorism, and to secure full Saudi cooperation in the investigation of terrorist incidents."} | 1,802 | 273 | 0.528331 | 1.637647 | 0.786449 | 3.940239 | 6.812749 | 0.936255 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Harassment Prevention Act of
1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Sexual harassment in employment persists widely in the
workplace, although it violates title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.) and adversely affects
employees.
(2) According to guidelines issued by the Equal Employment
Opportunity Commission in 1980, the most effective tool for
eliminating sexual harassment is prevention.
(3) The Merit Systems Protection Board found in 1981 and
1988 surveys of Federal Government employees that 42 percent of
female employees and 14 percent of male employees questioned
had experienced some kind of harassment in employment. The
American Psychological Association estimates that at least 50
percent of all working women have been sexually harassed at the
workplace during their careers.
(4) The vast majority of sexual harassment episodes go
unreported to a supervisory employee or other individual
designated by the employer. Only 5 percent of the Government
employees who indicated in the 1988 Merit Systems Protection
Board survey that they had been harassed filed a formal
complaint or requested an investigation of the harassment.
(5) Sexual harassment has a significant cost for employees
and employers. A 1988 study by Working Woman Magazine shows
that sexual harassment costs a typical ``Fortune 500'' employer
$6,000,000, or $292.53 per employee, each year. The same study
estimates that it is 34 times more expensive for such an
employer to ignore the problem than to establish effective
programs and policies to address the problem.
(b) Purposes.--The purposes of this Act are--
(1) to establish workplace requirements that will reduce
the incidence of sexual harassment in employment;
(2) to provide a low-cost system to assist employers to
establish programs and policies to prevent sexual harassment in
employment;
(3) to raise the awareness of employees of the definition
of sexual harassment and of available avenues of redress; and
(4) to increase the authority and capacity of the Equal
Employment Opportunity Commission, and other enforcement
agencies, to assist in preventing sexual harassment in
employment.
SEC. 3. EMPLOYER REQUIREMENTS.
(a) Posting of Notice in the Workplace.--Each employer shall post
and keep posted in conspicuous places upon its premises where notices
to employees and applicants for employment are customarily posted, a
notice that shall be prepared or approved by the appropriate primary
enforcement agency and shall set forth--
(1) the definition of sexual harassment found in section
1604.11(a) of title 29, Code of Federal Regulations (or any
corresponding similar regulation);
(2) the fact that sexual harassment in employment is a
violation of Federal law;
(3) information describing how to file with the primary
enforcement agency a complaint alleging such harassment,
including information on the time periods within which an
alleged victim of discrimination (including sexual harassment)
must file a charge with the primary enforcement agency, or a
State or local fair employment agency, in order to satisfy the
applicable statute of limitations;
(4) an address, and the toll-free telephone number, to be
used to contact the appropriate enforcement agency regarding
such harassment or compliance with the requirements of this
Act; and
(5) such other information as the primary enforcement
agency may require.
(b) Separate Notice to Individual Employees.--
(1) Contents.--Each employer shall provide annually to each
employee individually a written notice that includes--
(A) the information specified in paragraphs (1)
through (4) of subsection (a);
(B) a description of the procedures established by
such employer to resolve allegations of sexual
harassment in employment; and
(C) such other information as the appropriate
primary enforcement agency may require.
(2) Manner of notice.--Such notice shall be provided in a
manner that ensures that such employee actually receives such
notice.
(c) Management Information for Supervisory Employees.--Not later
than 60 days after an employer places an individual in a supervisory
employment position or 1 year after the date of the enactment of this
Act, whichever occurs later, such employer shall provide to the
supervisory employee information specifying the responsibilities of,
and the methods to be used by, such employee to ensure that immediate
and corrective action is taken to address allegations of sexual
harassment in employment.
(d) Civil Penalty.--A willful violation of this section shall be
punishable by a civil penalty of not more than $1,000 for each separate
violation.
SEC. 4. DUTIES OF THE ENFORCEMENT AGENCIES.
(a) Technical Assistance Materials.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, each primary enforcement agency
shall prepare and make available to employers at no cost to the
employers (by publication in the Federal Register or other
means)--
(A) a model notice of the kind required by section
3(a) to be posted;
(B) a model notice of the kind required by section
3(b) to be provided to employees; and
(C) voluntary guidelines for the establishment of
policies and procedures by employers to address
allegations of discrimination (including sexual
harassment) in employment.
(2) Revisions.--The primary enforcement agency shall
periodically review and, as appropriate, revise the notices and
guidelines described in subparagraphs (A) through (C) of
paragraph (1).
(b) Toll-Free Telephone Number.--Not later than 180 days after the
date of the enactment of this Act, the primary enforcement agency shall
provide a toll-free telephone number for use by employees and employers
in the United States to obtain--
(1) information regarding compliance with this Act; and
(2) the model notices and guidelines prepared under
subsection (a).
SEC. 5. ENFORCEMENT.
(a) Private Employees; Executive Employees; Employees of
Instrumentalities; State Employees.--If an employee described in
subparagraph (A), (B), (E), or (F) of section 6(2) alleges a violation
of section 3, the Commission shall enforce the section in the same
manner as the Commission enforces section 711 of the Civil Rights Act
of 1964 (42 U.S.C. 2000e-10).
(b) House of Representatives Employees.--
(1) Hearing.--If an employee described in section 6(2)(C)
alleges a violation of section 3, the Office of Fair Employment
Practices of the House of Representatives (or such entity as
the House of Representatives may designate) shall consider the
allegation in accordance with the hearing procedures provided
in clause 6 of Rule LI of the Rules of the House of
Representatives of the 103d Congress (or any other provision
that continues in effect the provisions of such rule). In
carrying out such procedures, such Office or entity shall
permit an employee, or a representative of the Office or
entity, to file a complaint not later than 180 days after the
alleged violation, and shall not require compliance with any
counseling and mediation procedures provided in such rule or
provision.
(2) Review.--Any party to a proceeding conducted under
paragraph (1) may seek review of a final decision resulting
from such proceeding. Such review shall be conducted by such
Office or entity in accordance with the review procedures
provided in clause 7 of such rule (or such other provision).
(3) Procedures.--In conducting a proceeding under paragraph
(1) or (2), such Office or entity shall conduct the proceeding
in accordance with any requirement of such rule (or such other
provision) that relates to such a proceeding, including a
requirement relating to agreements, costs, closed hearings and
confidentiality, and requests for witnesses and information.
(4) Remedies.--Following a proceeding under paragraph (1)
or (2), if the Office or entity finds that an employer is not
in compliance with section 3, such Office or entity may order
the civil penalty described in section 3(d).
(c) Senate Employees.--
(1) Hearing.--If an employee described in section 6(2)(D)
alleges a violation of section 3, the Office of Senate Fair
Employment Practices (or such entity as the Senate may
designate) shall consider the allegation in accordance with the
hearing procedures provided in section 307 of the Government
Employee Rights Act of 1991 (2 U.S.C. 1207) (or any other
provision that continues in effect the provisions of such Act).
In carrying out such procedures, such Office or entity shall
permit an employee, or a representative of such Office or
entity, to file a complaint not later than 180 days after the
alleged violation, and shall not require compliance with any
counseling and mediation procedures provided in such Act or
provision.
(2) Review.--Any party to a proceeding conducted under
paragraph (1) may seek review of a final decision resulting
from such proceeding. Such review shall be conducted by the
Select Committee on Ethics (or by such entity as the Senate may
designate) in accordance with the review procedures provided in
section 308 of such Act (or such other provision).
(3) Judicial review.--Any party to a proceeding conducted
under paragraph (2) may seek review of a final decision
resulting from such proceeding. Such review shall be conducted
by the United States Court of Appeals for the Federal Circuit
in accordance with the procedures provided in section 309 of
such Act.
(4) Procedures.--In conducting a proceeding under paragraph
(1) or (2), the appropriate Office, Committee, or entity shall
conduct the proceeding in accordance with any requirement of
such Act (or such other provision) that relates to such a
proceeding, including a requirement relating to agreements,
costs, closed hearings and confidentiality, and requests for
witnesses and information.
(5) Remedies.--Following a proceeding under paragraph (1),
(2), or (3), if the appropriate Office, Committee, entity, or
court finds that an employer is not in compliance with section
3, the Office, Committee, entity, or court may order the civil
penalty described in section 3(d).
SEC. 6. DEFINITIONS.
As used in this Act:
(1) Commission.--The term ``Commission'' means the Equal
Employment Opportunity Commission.
(2) Employee.--The term ``employee'' means--
(A) an employee as defined in section 701(f) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(f));
(B) an employee referred to in section 717(a) of
such Act (42 U.S.C. 2000e-16(a));
(C) an employee in an employment position of the
House of Representatives;
(D) a Senate employee as defined in section
301(c)(1) of the Government Employee Rights Act of 1991
(2 U.S.C. 1201(c)(1));
(E) an employee (other than an employee described
in subparagraph (B) or (D)) in an employment position
of an instrumentality of the Congress; and
(F) an individual referred to in section 321(a) of
the Civil Rights Act of 1991 (2 U.S.C. 1220(a)).
(3) Employer.--The term ``employer'' means--
(A) an employer as defined in section 701(b) of the
Civil Rights Act of 1964 (42 U.S.C. 2000e(b));
(B) a Federal entity, or entity of the Government
of the District of Columbia, to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16(a))
applies;
(C) an employing authority of the House of
Representatives, of the Senate, or of an
instrumentality of the Congress; and
(D) an elected official described in section 321(a)
of the Civil Rights Act of 1991.
(4) Instrumentality of the congress.--The term
``instrumentality of the Congress'' means the Architect of the
Capitol, the Congressional Budget Office, the General
Accounting Office, the Government Printing Office, the Library
of Congress, the Office of Technology Assessment, the United
States Botanic Garden, and any other office of the legislative
branch of the Federal Government.
(5) Primary enforcement agency.--The term ``primary
enforcement agency'' means--
(A) with respect to any matter relating to an
allegation of sexual harassment of an employee
described in subparagraph (A), (B), (E), or (F) of
paragraph (2), the Commission;
(B) with respect to any matter relating to an
allegation of sexual harassment of an employee
described in paragraph (2)(C), the Office of Fair
Employment Practices of the House of Representatives
(or such entity as the House of Representatives may
designate); and
(C) with respect to any matter relating to an
allegation of sexual harassment of an employee
described in paragraph (2)(D), the Office of Senate
Fair Employment Practices (or such entity as the Senate
may designate).
(6) Sexual harassment.--The term ``sexual harassment'' has
the same meaning as such term has for purposes of title VII of
the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
SEC. 7. EFFECTIVE DATES.
(a) General Effective Date.--Except as provided in subsection (b),
this Act shall take effect on the date of the enactment of this Act.
(b) Employer Requirements.--Section 3 shall take effect 1 year
after the date of the enactment of this Act. | Sexual Harassment Prevention Act of 1994 - Directs employers (including Federal and congressional agencies) to keep posted in conspicuous places a notice prepared or approved by the appropriate primary enforcement agency (the Equal Employment Opportunity Commission, the Office of Fair Employment Practices of the House of Representatives, and the Office of Senate Fair Employment Practices) that sets forth: (1) the definition of sexual harassment found in the Code of Federal Regulations or any corresponding similar regulation; (2) the fact that sexual harassment is a violation of Federal law; (3) information describing how to file a complaint with the agency alleging such harassment; (4) an address and toll-free number to be used to contact the agency; and (5) other information required by the agency.
Provides for annual notices by employers to individual employees which provide such information and a description of the procedures used by the employers to resolve allegations of sexual harassment.
Requires employers to provide to each supervisory employee information specifying the responsibility of, and the methods to be used by, such employee to ensure that immediate and corrective action is taken to address allegations of sexual harassment.
Prescribes civil penalties for willful violations of this Act.
Directs each primary enforcement agency to make model notices and voluntary guidelines for procedures dealing with allegations of sexual harassment available to employers at no cost as well as a toll-free number for information regarding this Act.
Sets forth provisions governing actions by the primary enforcement agencies to enforce sexual harassment statutes and rules. | {"src": "billsum_train", "title": "Sexual Harassment Prevention Act of 1994"} | 2,941 | 316 | 0.571932 | 1.815659 | 0.701181 | 4.09622 | 9.467354 | 0.934708 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Responsible Interrogation
Standards Enforcement Act of 2004'' or ``PRISE Act of 2004''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) After World War II, the United States and its allies
created a new international legal order based on respect for
human rights. One of its fundamental tenets was a universal
prohibition on torture and ill treatment.
(2) On June 26, 2003, the International Day in Support of
Victims of Torture, President George W. Bush stated, ``The
United States is committed to the world-wide elimination of
torture and we are leading this fight by example. I call on all
governments to join with the United States and the community of
law-abiding nations in prohibiting, investigating, and
prosecuting all acts of torture and in undertaking to prevent
other cruel and unusual punishment.''.
(3) The United States is a party to the Geneva Conventions,
which prohibit torture, cruel treatment, or outrages upon
personal dignity, in particular, humiliating and degrading
treatment, during armed conflict.
(4) The United States is a party to 2 treaties that
prohibit torture and cruel, inhuman, or degrading treatment or
punishment, as follows:
(A) The International Covenant on Civil and
Political Rights, done at New York on December 16,
1966.
(B) The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at
New York on December 10, 1984.
(5) The United States filed reservations to the treaties
described in subparagraphs (A) and (B) of paragraph (4) stating
that the United States considers itself bound to prevent
``cruel, inhuman or degrading treatment or punishment'' to the
extent that phrase means the cruel, unusual, and inhumane
treatment or punishment prohibited by the 5th amendment, 8th
amendment, or 14th amendment to the Constitution.
(6) Army Regulation 190-8 entitled ``Enemy Prisoners of
War, Retained Personnel, Civilian Internees and Other
Detainees'' provides that ``Inhumane treatment is a serious and
punishable violation under international law and the Uniform
Code of Military Justice (UCMJ). . . . All prisoners will
receive humane treatment without regard to race, nationality,
religion, political opinion, sex, or other criteria. The
following acts are prohibited: murder, torture, corporal
punishment, mutilation, the taking of hostages, sensory
deprivation, collective punishments, execution without trial by
proper authority, and all cruel and degrading treatment. . . .
All persons will be respected as human beings. They will be
protected against all acts of violence to include rape, forced
prostitution, assault and theft, insults, public curiosity,
bodily injury, and reprisals of any kind. . . . This list is
not exclusive.''.
(7) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``acts of violence or
intimidation, including physical or mental torture, threats,
insults, or exposure to inhumane treatment as a means of or an
aid to interrogation'' are ``illegal''. Such Manual defines
``infliction of pain through . . . bondage (other than
legitimate use of restraints to prevent escape)'', ``forcing an
individual to stand, sit, or kneel in abnormal positions for
prolonged periods of time'', ``food deprivation'', and ``any
form of beating'' as ``physical torture'', defines ``abnormal
sleep deprivation'' as ``mental torture'', and prohibits the
use of such tactics under any circumstances.
(8) The Field Manual on Intelligence Interrogation of the
Department of the Army states that ``Use of torture and other
illegal methods is a poor technique that yields unreliable
results, may damage subsequent collection efforts, and can
induce the source to say what he thinks the interrogator wants
to hear. Revelation of use of torture by U.S. personnel will
bring discredit upon the U.S. and its armed forces while
undermining domestic and international support for the war
effort. It may also place U.S. and allied personnel in enemy
hands at a greater risk of abuse by their captors.''.
SEC. 3. HUMANE TREATMENT OF DETAINEES.
(a) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--(1) No person in the custody or under the
physical control of the United States shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is prohibited
by the Constitution, laws, or treaties of the United States.
(2) Nothing in this section shall affect the status of any person
under the Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(b) Rules, Regulations, and Guidelines.--(1) Not later than 180
days after the date of the enactment of this Act, the Secretary of
Defense shall prescribe the rules, regulations, or guidelines necessary
to ensure compliance with the prohibition in subsection (a)(1) by the
members of the Armed Forces and by any person providing services to the
Department of Defense on a contract basis.
(2) The Secretary shall submit to the congressional defense
committees the rules, regulations, or guidelines prescribed under
paragraph (1), and any modifications to such rules, regulations, or
guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(c) Report to Congress.--(1) The Secretary of Defense shall submit,
on a timely basis and not less than twice each year, a report to
Congress on the circumstances surrounding any investigation of a
possible violation of the prohibition in subsection (a)(1) by a member
of the Armed Forces or by a person providing services to the Department
of Defense on a contract basis.
(2) A report required under paragraph (1) shall be submitted in a
manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the prohibition
in subsection (a)(1).
(d) Definitions.--In this section:
(1) The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) The term ``congressional defense committees'' means the
Committees on Armed Services and the Committees on
Appropriations of the Senate and the House of Representatives.
(3) The term ``Geneva Conventions'' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(4) The term ``torture'' has the meaning given that term in
section 2340 of title 18, United States Code.
SEC. 4. ADHERENCE BY UNITED STATES TO OBLIGATIONS UNDER THE CONVENTION
AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT.
(a) Limitation on Assistance With Respect to Obtaining Information
From Individuals.--An officer or employee of the United States may not
provide assistance to the government of a foreign country for the
purpose of obtaining information from an individual held in custody by
the foreign government if the officer or employee has reason to believe
that torture or cruel, inhuman, or degrading treatment or punishment
will be utilized to obtain the information.
(b) Limitation on Assistance With Respect to Transfer of
Individuals.--An officer or employee of the United States may not
encourage or otherwise assist the government of a foreign country to
transfer, render, expel, return, or extradite an individual to another
country if the officer or employee has reason to believe that the
individual would be in danger of being subjected to torture in
violation of Article 3 of the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment. For purposes of
the preceding sentence, the term ``assist'' includes the provision of
personnel, information, equipment, financial assistance, or any other
form of assistance.
SEC. 5. MODIFICATION TO DEFINITION OF UNITED STATES FOR PURPOSES OF
PROHIBITION AGAINST TORTURE.
Section 2340(3) of title 18, United States Code, is amended by
striking ``includes'' and all that follows through the period at the
end and inserting ``means the several States of the United States, the
District of Columbia, and the commonwealths, territories, and
possessions of the United States.''. | Promoting Responsible Interrogation Standards Enforcement Act of 2004 or PRISE Act of 2004 - Prohibits subjecting any person in U.S. custody to torture or cruel, inhuman, or degrading treatment or punishment that is prohibited by the U.S. Constitution, laws, or treaties.
Requires the Secretary of Defense to: (1) prescribe and submit to specified congressional committees the rules, regulations, or guidelines necessary to ensure compliance by members of the Armed Forces and by Department of Defense contractors; and (2) report to Congress at least twice each year on the circumstances surrounding any investigation of possible violations of such prohibition.
Prohibits an officer or employee of the United States from: (1) providing assistance to the government of a foreign country for the purpose of obtaining information from an individual held in custody by that government if there is reason to believe that torture or cruel, inhuman, or degrading treatment or punishment will be utilized to obtain the information; and (2) encouraging or otherwise assisting such a government to transfer, render, expel, return, or extradite an individual to another country if there is reason to believe that the individual would be in danger of being subjected to torture.
Modifies the definition of "United States" for purposes of the prohibition against torture to mean the several States, the District of Columbia, and U.S. commonwealths, territories, and possessions. | {"src": "billsum_train", "title": "To affirm that the United States may not engage in torture or cruel, inhuman, or degrading treatment or punishment, and for other purposes."} | 2,147 | 302 | 0.50019 | 1.571677 | 0.644821 | 5.415385 | 7.376923 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Access to Networks in
Disasters Act of 2017''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the voluntary policies outlined in
the Wireless Network Resiliency Cooperative Framework should be adhered
to by all parties to aid consumers, 9-1-1 professionals, first
responders, and local governments, in accessing communication services
during times of emergency.
SEC. 3. SECURING ACCESS TO NETWORKS IN DISASTERS.
(a) Definitions.--In this section--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``mobile service'' means--
(A) commercial mobile service (as defined in
section 332 of the Communications Act of 1934 (47
U.S.C. 332)); or
(B) commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401));
(3) the term ``times of emergency'' means--
(A) an emergency or major disaster, as those terms
are defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122); or
(B) an emergency as declared by the Governor of a
State or territory of the United States; and
(4) the term ``WiFi access points'' means wireless Internet
access using the standard designated as 802.11 or any variant
thereof.
(b) FCC Study on Alternative Access to 9-1-1 Services During Times
of Emergency.--
(1) Study.--Not later than 36 months after the date of
enactment of this Act, the Commission shall submit to Congress,
and make publicly available on the website of the Commission, a
study on the public safety benefits and technical feasibility
and cost of--
(A) making telecommunications service provider-
owned WiFi access points, and other telecommunications
service provider-owned communications technologies
operating on unlicensed spectrum, available to the
general public for access to 9-1-1 services, without
requiring any login credentials, during times of
emergency when mobile service is unavailable;
(B) the provision by non-telecommunications service
provider-owned WiFi access points of public access to
9-1-1 services during times of emergency when mobile
service is unavailable; and
(C) other alternative means of providing the public
with access to 9-1-1 services during times of emergency
when mobile service is unavailable.
(2) Considerations.--In conducting the study required under
paragraph (1), the Commission shall consider issues related to
making WiFi access points available to the general public for
access to 9-1-1 services, including communications network
provider liability, the operational security of communications
networks, and any existing actions or authorities in and among
the States.
(c) GAO Study and Report.--
(1) Definitions.--In this subsection--
(A) the term ``essential communications services''
means wireline and mobile telephone service, Internet
access service, radio and television broadcasting,
cable service, and direct broadcast satellite service;
and
(B) the term ``Executive departments'' has the
meaning given the term in section 101 of title 5,
United States Code.
(2) Study.--The Comptroller General of the United States
shall conduct a study on--
(A) how Executive departments can better ensure
essential communications services remain operational
during times of emergency;
(B) any legislative matters, if appropriate,
Congress could consider to help promote the resiliency
of essential communications services; and
(C) whether a nationwide directory of points of
contact among providers of essential communications
services is needed to facilitate the rapid restoration
of such services damaged during times of emergency.
(3) Considerations.--In making the determination described
in paragraph (2)(C), the Comptroller General shall consider--
(A) any similar directories that exist at the
Federal, State, or local level, including the
effectiveness of such directories;
(B) how such a directory could be established and
updated, including what types of information would be
most useful;
(C) how access to such a directory could be managed
to adequately ensure the confidentiality of any
sensitive information and operational security of
essential communications services; and
(D) the resources necessary to establish and
maintain such a directory.
(4) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall transmit a
report to Congress containing the findings and recommendations
of the study required under paragraph (2).
(d) Expanding List of Essential Service Providers During Federally
Declared Emergencies To Include All Communications Providers; Providing
Access to Essential Service Providers.--Section 427 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189e)
is amended--
(1) in subsection (a)(1)(A), by striking
``telecommunications service'' and inserting ``wireline or
mobile telephone service, Internet access service, radio or
television broadcasting, cable service, or direct broadcast
satellite service''; and
(2) by adding at the end the following:
``(d) Mutual Aid Agreements.--The President, acting through the
Administrator of the Federal Emergency Management Agency, shall
encourage the adoption of mutual aid agreements that recognize the
credentials of essential service providers issued by all parties to the
mutual aid agreement.''.
(e) Communications Networks Are Designated Essential Assistance
During Federally Declared Emergencies.--Section 403(a)(3) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170b(a)(3)) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(K) allowing for access to essential service
providers necessary for establishing temporary or
restoring wireline or mobile telephone service,
Internet access service, radio or television
broadcasting, cable service, or direct broadcast
satellite service.''.
Passed the Senate September 11, 2017.
Attest:
Secretary.
115th CONGRESS
1st Session
S. 102
_______________________________________________________________________
AN ACT
To direct the Federal Communications Commission to commence proceedings
related to the resiliency of critical communications networks during
times of emergency, and for other purposes. | (This measure has not been amended since it was reported to the Senate on April 5, 2017. Securing Access to Networks in Disasters Act of 2017 (Sec. 2) This bill expresses the sense of Congress that the voluntary policies outlined in the Wireless Network Resiliency Cooperative Framework should be adhered to by all parties to aid consumers, 9-1-1 professionals, first responders, and local governments in accessing communication services during times of emergency. The framework is a voluntary initiative announced by wireless providers and the CTIA after receiving recommendations from government-private sector partnerships including the Federal Communications Commission's (FCC's) Communications Security, Reliability and Interoperability Council and the CTIA's Business Continuity and Disaster Recovery Certification Program. (Sec. 3) The bill requires the FCC to publish a study on the public safety benefits, technical feasibility, and cost of providing the public with emergency access to 9-1-1 services, when mobile service is unavailable during certain presidentially declared emergencies or major disasters or during gubernatorially declared emergencies, through: telecommunications service provider-owned WiFi access points and other communications technologies operating on unlicensed spectrum, without requiring any login credentials; non-telecommunications service provider-owned WiFi access points; and other alternative means. The Government Accountability Office must report on: (1) how executive departments can better ensure that essential communications services remain operational during emergencies, (2) any legislative matters Congress could consider to help promote the resiliency of essential communications services, and (3) whether a nationwide directory of points of contact among providers of essential communications services is needed to facilitate the rapid restoration of such services damaged during times of emergency. The Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended to expand the categories of essential communications service providers that may access a disaster site to restore and repair essential services in an emergency or major disaster without being denied or impeded by a federal agency. Services to be considered essential are wireline or mobile telephone service, Internet access service, radio or television broadcasting, cable service, or direct broadcast satellite service. The Federal Emergency Management Agency (FEMA) must encourage the adoption of mutual aid agreements recognizing the credentials of essential service providers issued by all parties to such an agreement. At the direction of the President, federal agencies may provide assistance essential to meeting immediate threats to life and property resulting from a major disaster by allowing access to essential service providers for establishing temporary, or restoring, communications services. | {"src": "billsum_train", "title": "Securing Access to Networks in Disasters Act of 2017"} | 1,420 | 528 | 0.683365 | 2.269906 | 0.862691 | 4.025263 | 2.936842 | 0.854737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity for Visual Artists Act of
2011''.
SEC. 2. DEFINITIONS.
Section 101 of title 17, United States Code, is amended by--
(1) inserting after the definition of ``architectural
work'' the following:
``For purposes of section 106(b), `auction' means a public sale
run by an entity that sells to the highest bidder works of
visual art in which the cumulative amount of such works sold
during the previous year is more than $25,000,000 and does not
solely conduct the sale of visual art by the entity on the
Internet.'';
(2) inserting after the definition of ``proprietor'' and
prior to the definition of ``pseudonymous work'' the following:
``For purposes of section 106(b), `price' is the aggregate of
all installments paid in cash or in-kind by or on behalf of a
purchaser for a work as the result of auction of that work.'';
(3) inserting at the end of the definition of
``Publication'' the following: ``For purposes of section
106(b), in the case of a work of visual art as defined in this
section, a publication does not include photographic
reproductions or other images of the work, including castings
of a sculptural work, made or distributed prior to January 1,
1978, in connection with the exhibition of such work by a
gallery or museum, whether for purposes of sale of the original
work, or in connection with any publication authorized by a
gallery or museum in possession of the work regardless of
whether such publication was with the consent of the author. In
no other circumstances is a work of visual art considered to
have been published prior to January 1, 1978, unless such
publication has been authorized by the express written consent
of the author of such work.'';
(4) inserting after the definition of ``registration'' and
prior to the definition of ``sound recordings'' the following:
``For purposes of sections 106(b) and 701(b)(5), `sale' means
transfer of ownership or physical possession of a work as the
result of the auction of that work.''; and
(5) amending paragraph (1) of the definition of a ``work of
visual art'' to read as follows:
``(1) a painting, drawing, print, sculpture, or photograph,
existing either in the original embodiment or in a limited
edition of 200 copies or fewer that bear the signature or other
identifying mark of the author and are consecutively numbered
by the author, or, in the case of a sculpture in multiple cast,
carved, or fabricated sculptures of 200 or fewer that are
consecutively numbered by the author and bear the signature or
other identifying mark of the author; or''.
SEC. 3. EXCLUSIVE RIGHTS.
Section 106 of title 17, United States Code, is amended by--
(1) inserting ``(a)'' before ``Subject to sections 107
through 122''; and
(2) adding at the end the following:
``(b)(1) In this subsection, the term `net royalty' means the
royalty amount collected less administrative expenses of the visual
artists' collecting society. In no case shall the administrative
expenses of the visual artists' collecting society subtracted from the
royalty amount collected exceed 18 percent.
``(2) Whenever a work of visual art is sold as the result of
auction of that work by someone other than the artist who is the author
of the work, the entity that collects the money or other consideration
paid for the sale of the work shall, within 90 days of collecting such
money or other consideration, pay out of the proceeds of the sale a
royalty equal to 7 percent of the price. Such royalty shall be paid to
a visual artists' collecting society. The collecting society shall
distribute, no fewer than 4 times per year, 50 percent of the net
royalty to the artist or his or her successor as copyright owner. After
payment to the artist or his or her successor as copyright owner, the
remaining 50 percent of the net royalty shall be deposited into an
escrow account established by the collecting society for the purposes
of funding purchases by nonprofit art museums in the United States of
works of visual art authored by living artists domiciled in the United
States. The right to receive such royalty and the obligation to deposit
the remaining share of sale proceeds into the escrow account provided
in this subsection may not be waived by the artist or his successor as
copyright owner. Failure of the entity collecting the money or other
consideration resulting from the sale of the work to pay the royalty
provided under this section shall constitute an infringement of
copyright. Any such infringement shall be subject to the payment of
statutory damages under section 504.
``(3) Paragraph (2) shall not apply to the sale of a work for a
gross sales price of less than $10,000, or in exchange for property
with a fair market value of less than $10,000.''.
SEC. 4. NOTICE OF COPYRIGHT.
Section 401 of title 17, United States Code, is amended by adding
at the end the following:
``(e) Non Applicability to Works of Visual Art.--The provisions of
this section shall not apply to a work of visual art.''.
SEC. 5. COPYRIGHT OFFICE.
Section 701(b) of title 17, United States Code, is amended by--
(1) redesignating paragraph (5) as paragraph (6); and
(2) inserting after paragraph (4) the following:
``(5) Issue regulations governing visual artists'
collecting societies pursuant to section 106(b), which shall,
at a minimum--
``(A) establish a process by which entities would
be determined to be and designated as visual artists'
collecting societies;
``(B) require that a visual artists' collecting
society authorized to administer royalty collections
and distributions under this title shall have had prior
experience in licensing the copyrights of authors of
works of visual art in the United States, or have been
authorized by no fewer than 10,000 authors of works of
visual art, either directly or by virtue of reciprocal
agreements with foreign collecting societies, to
license the rights granted under section 106;
``(C) exclude any entity from being considered a
visual artists' collecting society where, after having
been designated a visual artists' collecting society,
the royalties collected for at least 5 consecutive
years have not been distributed directly to authors
after deduction of administrative expenses;
``(D) establish the methodology and procedures
pursuant to which visual artists' collecting societies
shall make grants to nonprofit museums for the purchase
of works with the escrow funds provided in this
section, after notice and opportunity to comment,
including--
``(i) the criteria to be used by the visual
artists' collecting societies for application
by nonprofit art museums for the purchase of
works out of the funds held in escrow for that
purpose by such societies;
``(ii) the amount of the maximum grant for
the purchase of an individual work of visual
art;
``(iii) the maximum amount that may be
granted to a nonprofit museum; and
``(iv) criteria for the award of grants
when the amounts requested exceed the total
amount of funds held in escrow;
``(E) require that each such society provide the
Register of Copyrights with an annual audit of royalty
funds collected under section 106(b)(1) that includes
the total amount received from the sales of works of
visual art, the total amount paid in distributions to
artists or, if deceased, to their successors as owners
of copyright, and the total amount paid in grants to
each nonprofit museum for the purchase of works of
visual art; and
``(F) make publicly available an annual report to
the Congress setting forth the total amount of
royalties received by each visual artists' collecting
society and the amount disbursed to each nonprofit art
museum receiving a grant or grants from the escrow
funds established by each visual artists' collecting
society.
Except as necessary for the report to Congress required
pursuant to subparagraph (F), the Register of Copyrights shall
not disclose any confidential or proprietary information
provided to it in the annual audits made available pursuant to
this section.''.
SEC. 6. COPYRIGHT OFFICE FEES.
Section 708(a) of title 17, United States Code, is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively;
(2) by inserting after paragraph (9) the following:
``(10) for expenses associated with carrying out its
responsibilities under section 701(b)(5), provided that such
fees shall be paid out of the total royalty payments received
by collecting societies pursuant to section 106(b), before
deduction of such societies' administrative expenses; and
provided further, that following the initial rulemaking
necessary to carry out its obligations under section 701(b)(5),
such fees shall not exceed 5 percent of the total annual amount
of royalties received by such collecting societies;''; and
(3) in the matter following paragraph (12), as so
redesignated, in the second sentence, by striking ``(10) and
(11)'' and inserting ``(11) and (12)''.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 1 year after the date of enactment of this Act. | Equity for Visual Artists Act of 2011 - Requires, whenever a work of visual art is sold for at least $10,000 at an auction by someone other than the authoring artist, that the entity collecting the money or other consideration pay a royalty equal to 7% of the price to a visual artists' collecting society.
Defines an "auction" as public sale run by an entity that: (1) sells to the highest bidder works of visual art in which the cumulative amount of such works sold during the previous year is over $25 million, and (2) does not solely conduct the sale of such visual art on the Internet.
Requires the collecting society to: (1) distribute half of the net royalty to the artist or their successor as copyright owner, and (2) deposit the other half into an escrow account to fund purchases by U.S. nonprofit art museums of works of visual art authored by living artists domiciled in the United States.
Establishes a copyright infringement offense for the failure of the entity collecting the money or other consideration to pay such a royalty. Subjects an infringer to the payment of statutory damages.
Excludes works of visual art from copyright notice procedures.
Directs the Register of Copyrights to issue regulations governing the designation and oversight of visual artists' collecting societies.
Requires that specified fees be paid to the Register out of the total royalty payments received by collecting societies. | {"src": "billsum_train", "title": "To amend the copyright law to secure the rights of artists of works of visual art to provide for royalties, and for other purposes."} | 2,052 | 305 | 0.579038 | 1.855855 | 0.699631 | 3.879121 | 7.369963 | 0.912088 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Forest Restoration Act''.
SEC. 2. CATEGORICAL EXCLUSION TO ADDRESS A DECLARED EMERGENCY.
(a) Authority To Conduct Forest Management Activity.--The Secretary
concerned may develop and carry out a forest management activity on
National Forest System lands or public lands in a State when the
primary purpose of the forest management activity is to address a
declared emergency.
(b) Availability of Categorical Exclusion.--Except as provided in
section 4, a categorical exclusion is available to the Secretary
concerned to develop and carry out a forest management activity
described in subsection (a).
(c) Authorization of Appropriations.--For purposes of this section,
there is authorized to be appropriated to the Secretary concerned
$300,000,000 for each of fiscal years 2018 through 2025.
SEC. 3. USE OF TIMBER SALE REVENUES TO OFFSET FUNDS APPROPRIATED TO
ADDRESS A DECLARED EMERGENCY.
(a) Timber Sales Required.--
(1) Identification of amounts appropriated.--For fiscal
year 2019 and each fiscal year thereafter, the Secretary of
Agriculture shall identify the amount of funds, if any,
appropriated in the prior fiscal year pursuant to the
authorization of appropriations in section 2(c).
(2) Sales.--Not later than 5 years after the end of the
fiscal year in which an identification is made under paragraph
(1), the Secretary of Agriculture shall sell (in the manner
provided for under section 14 of the National Forest Management
Act of 1976 (16 U.S.C. 472a)) an amount of timber the sale of
which is sufficient to recoup the amount identified under
paragraph (1) and any costs associated with such sale.
(3) Proceeds.--Proceeds from the sale of timber described
under paragraph (2) shall be deposited as follows:
(A) An amount equal to the appropriated amount
identified under paragraph (1) shall be deposited in
the general fund of the Treasury of the United States
as miscellaneous receipts.
(B) An amount equal to the costs associated with
the sale shall be deposited in a designated fund from
which sums are to be used, to cover the cost to the
United States for design, engineering, and supervision
of the construction of needed roads and the cost for
Forest Service sale preparation and supervision of the
harvesting of such timber.
(C) Any amounts not described under subparagraph
(A) or (B) shall be deposited in the general fund of
the Treasury of the United States as miscellaneous
receipts.
(b) Categorical Exclusion.--Except as provided in section 4, a
categorical exclusion is available to the Secretary of Agriculture for
timber sales conducted pursuant to subsection (a).
SEC. 4. LIMITATION OF CATEGORICAL EXCLUSION.
A categorical exclusion under this Act may not be used on National
Forest System lands or public lands--
(1) that are included in the National Wilderness
Preservation System;
(2) that are located within an inventoried roadless area
unless the reforestation activity is consistent with the forest
plan applicable to the area; or
(3) on which timber harvesting for any purpose is
prohibited by statute.
SEC. 5. DEFINITIONS.
In this Act:
(1) Categorical exclusion.--The term ``categorical
exclusion'' means an exception to the requirements of the
National Environmental Policy Act of 1969 (42 U.S.C. 4331 et
seq.) for a project or activity relating to the management of
National Forest System lands or public lands that would
otherwise be considered a major Federal action.
(2) Declared emergency.--The term ``declared emergency''
means an insect or disease infestation in a State that has been
declared an emergency by the Governor of such State.
(3) National forest system lands.--The term ``National
Forest System lands'' means Federal lands derived from the
public domain that are included in the National Forest System
(as such term is defined in section 11(a) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1609(a))), including such lands within the boundaries of a
national monument managed by the Forest Service.
(4) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; or
(B) the Secretary of the Interior, with respect to
public lands.
(5) State.--The term ``State'' means any of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other territory or possession of the United
States. | Emergency Forest Restoration Act This bill allows the Department of Agriculture (USDA), regarding National Forest System lands, or the Department of the Interior, regarding public lands, to develop and carry out a forest management activity on lands of the department concerned in a state when the activity's primary purpose is to address an insect or disease infestation that has been declared an emergency by the state governor. With specified exceptions, a categorical exclusion shall be available to USDA or Interior for these purposes. A "categorical exclusion" is an exception to the requirements of the National Environmental Policy Act of 1969 for a project or activity relating to the management of National Forest System lands or public lands that would otherwise be considered a major federal action. Beginning in FY2019, USDA shall identify the amount of funds, if any, appropriated in the previous fiscal year pursuant to the authorization of appropriations specified in this bill. Within five years of the end of the fiscal year in which an identification is made, USDA shall sell an amount of timber the sale of which is sufficient to recoup the identified amount and any associated costs. The bill prescribes requirements for the deposit of sales proceeds. | {"src": "billsum_train", "title": "Emergency Forest Restoration Act"} | 1,059 | 256 | 0.66098 | 2.074718 | 0.72535 | 4.248889 | 4.102222 | 0.862222 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare CGM Access Act of 2014''.
SEC. 2. MEDICARE COVERAGE OF CONTINUOUS GLUCOSE MONITORING DEVICES.
(a) In General.--Section 1861 of the Social Security Act (42 U.S.C.
1395x) is amended--
(1) in subsection (s)(2)--
(A) in subparagraph (EE), by striking ``and'' at
the end;
(B) in subparagraph (FF), by adding ``and''; and
(C) by adding at the end the following new
subparagraph:
``(GG) continuous glucose monitoring devices (as defined in
subsection (iii)(1)) furnished to a CGM qualified individual
(as defined in subsection (iii)(2));''; and
(2) by adding at the end the following new subsection:
``Continuous Glucose Monitoring Device; CGM Qualified Individual
``(iii)(1)(A) The term `continuous glucose monitoring device' means
a class III medical device approved by the Food and Drug Administration
that continuously monitors and trends glucose levels in body fluid.
``(B) Such term applies to such medical device--
``(i) as a stand-alone product;
``(ii) when integrated with an insulin pump; or
``(iii) as an integral component of any other medical
device cleared or approved by the Food and Drug Administration,
such as artificial pancreas device systems.
``(C) With respect to a continuous glucose monitoring device that
is described in clause (ii) or (iii) of subparagraph (B), the Secretary
shall treat an insulin pump or other medical device that has a
continuous glucose monitoring device as an integrated or integral
component as a single medical device.
``(D) Such term includes components, accessories, and supplies that
are necessary and related to the operation of the class III medical
device, such as sensors, transmitters, receivers, and requisite
software.
``(2) The term `CGM qualified individual' means any of the
following:
``(A) An individual with Type I diabetes--
``(i) who is following an intensive insulin
treatment regimen that consists of 3 or more insulin
injections per day or the use of a subcutaneous insulin
infusion pump;
``(ii) subject to paragraph (3), whose attending
physician certifies that the individual's condition
cannot be safely and effectively managed with self-
monitoring of blood glucose; and
``(iii) who--
``(I) has been unable to achieve optimum
glycemic control in accordance with evidence-
based guidelines; or
``(II) has experienced hypoglycemia
unawareness or frequent hypoglycemic episodes.
``(B) An individual not described in subparagraph (A) who
meets such other medical criteria as the Secretary may specify
for the furnishing of a continuous glucose monitoring device
based on available medical evidence and taking into account any
anticipated pathway to the development of artificial pancreas
device systems.
``(C) An individual with diabetes who has been regularly
using a continuous glucose monitoring device before becoming
entitled to, or enrolling in, part A, or enrolling in part B,
or both.
``(3) For purposes of a certification by an attending physician
described in paragraph (2)(A)(ii), such certification shall not be
required more frequently than once every 3 years.''.
(b) Payment.--
(1) In general.--Section 1833(a)(1) of the Social Security
Act (42 U.S.C. 1395l(a)(1)) is amended--
(A) by striking ``and'' before ``(Z)''; and
(B) by inserting before the semicolon at the end
the following: ``, and (AA) with respect to continuous
glucose monitoring devices under section
1861(s)(2)(GG)), the amount paid shall be an amount
equal to 80 percent of the amount determined under the
fee schedule established under section 1834(r)''.
(2) Conforming amendment.--Section 1834 of the Social
Security Act (42 U.S.C. 1395m) is amended by adding at the end
the following new subsection:
``(r) Fee Schedule for Continuous Glucose Monitoring Devices.--
``(1) Establishment.--
``(A) In general.--With respect to continuous
glucose monitoring devices (as defined in section
1861(iii)(1)) furnished during a year, the amount of
payment under this part for such devices shall be
determined under a fee schedule established by the
Secretary in accordance with this subsection.
``(B) Clarification of application of fee schedule
to devices having cgm as an integral component.--
Payment shall be calculated and made under the fee
schedule established under this subsection for any
insulin pump or other medical device that has a
continuous glucose monitoring device as an integrated
or integral component.
``(2) Initial payment rate.--
``(A) In general.--With respect to each distinct
type of continuous glucose monitoring device, the
Secretary shall establish an initial payment rate under
the fee schedule established under this subsection for
the first year, which may be a partial year, during
which payment may be made for such continuous glucose
monitoring device under this part.
``(B) Data.--With respect to a continuous glucose
monitoring device, the initial payment rate under
subparagraph (A) shall--
``(i) reflect market rates for such device;
and
``(ii) take into account the most recent
available data on prices for such device.
``(C) Accounting for differences in functionalities
among various cgm devices.--For purposes of the initial
payment rates established under subparagraph (A), the
Secretary shall establish a new HCPCS code for each
distinct type of class III medical device cleared or
approved by the Food and Drug Administration that
includes a continuous glucose monitoring device, such
as a medical device described in clause (ii) or (iii)
of section 1861(iii)(1)(B). Such HCPCS codes shall
distinguish among the different functionalities of such
devices in a manner that reflects the classifications
of the Food and Drug Administration in clearing or
approving such devices.
``(3) Updates to payment rates.--With respect to each year
beginning after the year, or partial year, referred to in
paragraph (2)(A) during which an initial payment rate is
established for a distinct continuous glucose monitoring
device, the Secretary shall provide for annual updates to the
payment rate under the fee schedule established under this
subsection for each such device for the preceding year by the
percentage increase in the consumer price index for all urban
consumers (United States city average) for the 12-month period
ending with June of the preceding year.
``(4) Adjustment for geographic variations.--The Secretary
shall provide for adjustments to the payment rates under the
fee schedule established under this subsection to take into
account geographic variations in the prices of continuous
glucose monitoring devices.''.
(c) Ensuring Beneficiary Access to Appropriate Components.--Section
1847(a) of the Social Security Act (42 U.S.C. 1395w-3(a)) is amended by
adding at the end the following new paragraph:
``(8) Ensuring beneficiary access to appropriate
components.--
``(A) In general.--In carrying out the programs
under this section with respect to glucose meters
required for continuous glucose monitoring devices (as
defined in section 1861(iii)(1)) that are furnished to
CGM qualified individuals (as defined in section
1861(iii)(2)), the Secretary shall ensure that such CGM
qualified individuals are furnished the brand of
diabetic testing supplies (as defined in subparagraph
(B)) that function with such continuous glucose
monitoring devices, such as in the case where there is
only one brand of glucose meter that is compatible with
a particular continuous glucose monitoring device.
``(B) Definition.--In this paragraph, the term
`diabetic testing supplies' means glucose meters and
diabetic testing strips.''.
(d) Effective Date; Rulemaking.--
(1) Effective date.--The amendments made by this section
shall apply to items and services furnished on or after January
1, 2015.
(2) Rulemaking.--
(A) In general.--The Secretary of Health and Human
Services (in this paragraph referred to as the
``Secretary'') shall implement the amendments made by
this section through notice and comment rulemaking.
(B) Consultation.--As part of the rulemaking
process under subparagraph (A), the Secretary shall
consult with national organizations representing
individuals with diabetes, physicians with relevant
clinical expertise in endocrinology, and other relevant
stakeholders to develop clinical criteria for the
determination of whether an individual qualifies as
having Type I diabetes under section 1861(iii)(2)(A) of
the Social Security Act, as added by subsection (a)(2).
Not later than 60 days after the date of enactment of
this Act, the Secretary shall convene a meeting of
those stakeholders to develop consensus recommendations
for such clinical criteria. The Secretary shall take
such recommendations into account in implementing the
amendments made by this section. | Medicare CGM Access Act of 2014 - Amends title XVIII (Medicare) of the Social Security Act to provide Medicare coverage of continuous glucose monitoring (CGM) devices furnished to a CGM qualified individual. Directs the Secretary of Health and Human Services (HHS) to establish a fee schedule and ensure that CGM qualified individuals are furnished with appropriate device components. | {"src": "billsum_train", "title": "Medicare CGM Access Act of 2014"} | 2,071 | 82 | 0.605476 | 1.441605 | 0.71374 | 3.164179 | 27.537313 | 0.925373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Funding for Sanctuary Campuses
Act''.
SEC. 2. TREATMENT OF SANCTUARY CAMPUSES.
(a) In General.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.) is amended by adding at the end the
following:
``SEC. 493E. TREATMENT OF SANCTUARY CAMPUSES.
``(a) Definition.--
``(1) In general.--For purposes of this section, the term
`sanctuary campus' means any institution of higher education
(as defined in section 102) that--
``(A) has in effect an ordinance, policy, or
practice that prohibits or restricts any institutional
entity, official, or personnel from--
``(i) sending, receiving, maintaining, or
exchanging with any Federal, State, or local
government entity information regarding the
citizenship or immigration status (lawful or
unlawful) of any individual;
``(ii) complying with a request lawfully
made by the Secretary of Homeland Security
under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 or 1357) to
comply with a detainer for, or notify about the
release of, an individual; or
``(iii) otherwise complying with section
642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C.
1373);
``(B) brings in, or harbors, an alien in violation
of section 274(a)(1)(A) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)(1)(A));
``(C) renders an alien who lacks a lawful
immigration status in the United States eligible for
any postsecondary education benefit provided on the
basis of residence within a State (or a political
subdivision of a State) to the same extent as a citizen
or national of the United States is eligible for such
benefit; or
``(D) has in effect a policy or practice that
either prohibits, or in effect prevents, the Secretary
of Homeland Security from gaining access to campuses or
access to students (who are 17 years of age or older)
on campuses, for purposes of Department of Homeland
Security recruiting in a manner that is at least equal
in quality and scope to the access to campuses and to
students that is provided to any other employer.
``(2) Exceptions.--An institution of higher education shall
not be considered a sanctuary campus for purposes of this
section based solely on the institution having a policy under
which its officials, with respect to an individual who comes
forward as a victim or a witness to a criminal offense, will
not--
``(A) send, receive, maintain, or exchange with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful
or unlawful) of the individual; or
``(B) comply with a request made by the Secretary
of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 or 1357)
to comply with a detainer for, or notify about the
release of, the individual.
``(b) Determination by Secretary of Homeland Security.--Whenever
the Secretary of Homeland Security makes a determination that an
institution of higher education is a sanctuary campus, the Secretary--
``(1) shall transmit a notice of the determination to the
Secretary of Education; and
``(2) shall publish in the Federal Register a notice of the
determination and the effect of the determination on the
eligibility of the institution for funding under this title.
``(c) Effect of Determination.--An institution determined under
subsection (b) to be a sanctuary campus is ineligible to receive funds
under this title.
``(d) Sense of Congress.--It is the sense of the Congress that
providing the public benefit of in-State tuition to an alien who lacks
lawful immigration status in the United States creates an incentive for
illegal immigration and encourages and induces aliens to come to,
enter, or reside in the United States, as described in section
274(a)(1)(A)(iv) of the Immigration and Nationality Act (8 U.S.C.
1324(a)(1)(A)(iv)).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is 90 days after the date of the enactment
of this Act. | No Funding for Sanctuary Campuses Act This bill amends title IV (Student Aid) of the Higher Education Act of 1965 to make an institution of higher education (IHE) that is a sanctuary campus ineligible for funds under title IV. It defines the term "sanctuary campus." The Department of Homeland Security must transmit to the Department of Education and publish in the Federal Register notice of a determination that an IHE is a sanctuary campus. The bill expresses the sense of Congress that providing in-state tuition to an alien who lacks lawful immigration status in the United States creates an incentive for illegal immigration and encourages and induces aliens to come to, enter, or reside in the United States. | {"src": "billsum_train", "title": "No Funding for Sanctuary Campuses Act"} | 1,028 | 162 | 0.554019 | 1.569959 | 0.717352 | 4.385185 | 6.637037 | 0.859259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Repealing Ineffective and Incomplete
Abstinence-Only Program Funding Act of 2010''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has one of the highest teen pregnancy
rates in the developed world. Between 1990 and 2005, the United
States teenage pregnancy rate declined 41 percent. For the
first time in more than a decade, the rate rose 3 percent in
2006. At the same time, teens were receiving less information
about contraception in schools and their use of contraceptives
was declining.
(2) While young people in the United States aged 15 to 25
make up only \1/4\ of the sexually active population, they
contract about \1/2\ of the 19,000,000 sexually transmitted
infections (STIs) which occur annually. Young people ages 13 to
29 account for nearly \1/4\ of the estimated 56,300 new HIV
infections each year. Every hour, 1 young person is infected
with HIV. In 2008, the Centers for Disease Control and
Prevention estimated that 1 in 4 young women between the ages
of 14 and 19 and nearly 1 in 2 African-American young women are
infected with at least one of the four most common STIs.
(3) Abstinence-only-until-marriage programs have been
discredited by a wide body of evidence, including most recently
in a congressionally mandated study in 2007 which found these
programs ineffective in stopping or delaying teen sex, reducing
the number of reported sexual partners, reducing reported rates
of pregnancy or sexually transmitted infections, or otherwise
beneficially impacting young people's sexual behavior. The
Institute of Medicine of the National Academy of Sciences
recommends the termination of such programs because they
represent ``poor fiscal and public health policy.''
(4) Leading medical and public health professional groups,
including the American Medical Association, the American
Academy of Pediatrics, the Society of Adolescent Health and
Medicine, the American College of Obstetricians and
Gynecologists, the American Nurses Association, the American
Public Health Association, and the American Psychological
Association, oppose an abstinence-only-until-marriage approach
as antithetical to the principles of science. These
organizations all stress the need for sexuality education that
includes messages about abstinence and also provide young
people with information about contraception for the prevention
of teen pregnancy, HIV/AIDS, and other STIs.
(5) Since 1996, the United States has spent over
$1,500,000,000 in Federal funding on abstinence-only-until-
marriage programs that fail to teach teens how to prevent
unintended pregnancy or STIs, including HIV. Particularly
during the Nation's worst economic disaster since the Great
Depression, government funding should only support evidence-
based programs.
(6) According to the results of a 2005-2006 nationally
representative survey of United States adults published in the
Archives of Pediatric & Adolescent Medicine, more than 8 in 10
(82 percent) of those polled, regardless of political ideology,
support comprehensive sex education that is medically accurate
and age-appropriate and includes information about both
abstinence and contraception for protection against unintended
pregnancy and STIs, including HIV.
(7) There is strong evidence that more comprehensive
approaches to sex education help young people both to withstand
the pressures to have sex too soon and to have healthy,
responsible, and mutually protective relationships when they do
become sexually active. More comprehensive sex education has
been found to be effective in delaying sexual intercourse,
increasing contraceptive use, and reducing the number of
partners among teens.
(8) Strong evidence indicates that sex education programs
that promote both abstinence and the use of contraception does
not increase sexual behavior. Studies show that when teens are
educated about and have access to contraception, levels of
contraception use at first intercourse increase while levels of
sex stay the same.
(9) Teens who receive sex education that includes both
abstinence and contraception are more likely than those who
receive abstinence-only-until-marriage messages to delay sexual
activity and use contraception when they do become sexually
active. Research from the United States shows that teens who
practice contraception consistently in their first sexual
relationship are more likely to continue doing so than those
who use no method or who use a method inconsistently.
(10) The Personal Responsibility Education Program (PREP)
funds programs that are required to provide information on both
abstinence and contraception for the prevention of pregnancy
and STIs, including HIV/AIDS, with a substantial emphasis on
both abstinence and contraceptive use. Programs must also
address adulthood preparation topics such as healthy
relationships, adolescent development, financial literacy,
educational and career success, and healthy life skills. Funded
programs are required to be evidence-based or replicate
elements of evidence-based programs that have been proven on
the basis of rigorous scientific research to change behavior.
SEC. 3. ELIMINATION OF ABSTINENCE-ONLY EDUCATION PROGRAM.
(a) In General.--Title V of the Social Security Act (42 U.S.C. 701
et seq.) is amended by striking section 510.
(b) Rescission.--Amounts appropriated for fiscal year 2010 under
section 510(d) of the Social Security Act (42 U.S.C. 710(d)) (as in
effect on the day before the date of enactment of this Act) that are
unobligated as of the date of enactment of this Act are rescinded.
(c) Reprogram of Eliminated Abstinence-Only Funds for the Personal
Responsibility Education Program (PREP).--Section 513(f) of the Social
Security Act (42 U.S.C. 713(f)) is amended by striking ``for each of
fiscal years 2010 through 2014'' and inserting ``for fiscal year 2010,
and $125,000,000 for each of fiscal years 2011 through 2014''. | Repealing Ineffective and Incomplete Abstinence-Only Program Funding Act of 2010 - Amends title V (Maternal and Child Health Services) of the Social Security Act to: (1) eliminate the abstinence-only education program; (2) rescind unobligated FY2010 program appropriations; and (3) reprogram such rescinded appropriations for the personal responsibility education program (PREP) for FY2011-FY2014. | {"src": "billsum_train", "title": "To amend title V of the Social Security Act to eliminate the abstinence-only education program."} | 1,351 | 105 | 0.363198 | 1.003541 | 0.619624 | 3.208333 | 16.194444 | 0.819444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Full Disclosure Campaign Reform Act
of 2002''.
SEC. 2. DISCLOSURE OF SOURCES OF ELECTIONEERING COMMUNICATIONS AND
TARGETED MASS COMMUNICATIONS.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection:
``(e) Disclosure of Electioneering Communications and Targeted Mass
Communications.--
``(1) Statement required.--Every person who makes a
disbursement for the direct costs of producing and airing
electioneering communications or targeted mass communications
in an aggregate amount in excess of $10,000 during any calendar
year shall, within 24 hours of each disclosure date, file with
the Commission a statement containing the information described
in paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any person sharing or exercising
direction or control over the activities of such
person, and of the custodian of the books and accounts
of the person making the disbursement.
``(B) The principal place of business of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement
was made.
``(D) The elections to which the electioneering
communications or targeted mass communications pertain
and the names (if known) of the candidates identified
or to be identified.
``(E) If the disbursements were paid out of a
segregated bank account which consists of funds
contributed solely by individuals who are United States
citizens or nationals or lawfully admitted for
permanent residence as defined in section 1101(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(2)) directly to this account for electioneering
communications or targeted mass communications, the
names and addresses of all contributors who contributed
an aggregate amount of $1,000 or more to that account
during the period beginning on the first day of the
preceding calendar year and ending on the disclosure
date. Nothing in this subparagraph is to be construed
as a prohibition on the use of funds in such a
segregated account for a purpose other than
electioneering communications or targeted mass
communications.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $1,000 or more to the person making
the disbursement during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--(i) The term `electioneering
communication' means any broadcast, cable, or satellite
communication which refers to a clearly identified
candidate for Federal office.
``(ii) If clause (i) is held to be constitutionally
insufficient by final judicial decision to support any
regulation promulgated to carry out the definition of
the term `electioneering communication' under such clause, the term
`electioneering communication' means any broadcast, cable, or satellite
communication which promotes or supports a candidate for that office,
or attacks or opposes a candidate for that office (regardless of
whether the communication expressly advocates a vote for or against a
candidate) and which also is suggestive of no plausible meaning other
than an exhortation to vote for or against a specific candidate.
``(iii) Nothing in this subparagraph shall be
construed to affect the interpretation or application
of section 100.22(b) of title 11, Code of Federal
Regulations, or any other regulation promulgated by the
Commission to carry out the definition of the term
`expressly advocating' for purposes of any other
provision of this Act.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate;
``(ii) a communication which constitutes an
expenditure or an independent expenditure under
this Act;
``(iii) a communication which constitutes a
candidate debate or forum conducted pursuant to
regulations adopted by the Commission, or which
solely promotes such a debate or forum and is
made by or on behalf of the person sponsoring
the debate or forum; or
``(iv) any other communication exempted
under such regulations as the Commission may
promulgate (consistent with the requirements of
this paragraph) to ensure the appropriate
implementation of this paragraph, except that
under any such regulation a communication may
not be exempted if the communication--
``(I) meets the requirements of
this paragraph; and
``(II) is a public communication
which refers to a clearly identified
candidate for Federal office
(regardless of whether a candidate for
State or local office is also mentioned
or identified) and which promotes or
supports a candidate for that office,
or attacks or opposes a candidate for
that office (regardless of whether the
communication expressly advocates a
vote for or against a candidate).
``(4) Targeted mass communication defined.--
``(A) In general.--In this subsection, the term
`targeted mass communication' means any communication--
``(i) which refers to or depicts a clearly
identified candidate for such election (by
name, image, or likeness); and
``(ii) which is targeted to the relevant
electorate.
``(B) Targeting to relevant electorate.--
``(i) Broadcast communications.--For
purposes of this paragraph, a communication
disseminated to the public by means of any
broadcast, cable, or satellite communication
which refers to or depicts a clearly identified
candidate for Federal office is `targeted to
the relevant electorate' if the communication
is disseminated by a broadcaster whose audience
includes--
``(I) a substantial number of
residents of the district the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a candidate
for Representative in, or Delegate or
Resident Commissioner to, the Congress;
or
``(II) a substantial number of
residents of the State the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a candidate
for Senator.
``(ii) Other communications.--For purposes
of this paragraph, a communication which is not
described in clause (i) which refers to or
depicts a clearly identified candidate for
Federal office is `targeted to the relevant
electorate' if--
``(I) more than 10 percent of the
total number of intended recipients of
the communication are members of the
electorate involved with respect to
such Federal office; or
``(II) more than 10 percent of the
total number of members of the
electorate involved with respect to
such Federal office receive the
communication.
``(C) Exceptions.--The term `targeted mass
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, newspaper, magazine, or other
periodical publication, unless such facilities
are owned or controlled by any political party,
political committee, or candidate;
``(ii) a communication made by any
membership organization (including a labor
organization) or corporation solely to its
members, stockholders, or executive or
administrative personnel, if such membership
organization or corporation is not organized
primarily for the purpose of influencing the
nomination for election, or election, of any
individual to Federal office; or
``(iii) a communication which constitutes
an expenditure under this Act.
``(5) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by
which a person has made disbursements for the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for the direct
costs of producing or airing electioneering
communications aggregating in excess of $10,000 since
the most recent disclosure date for such calendar year.
``(6) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has executed a contract to make the
disbursement.
``(7) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.
``(8) Coordination With Internal Revenue Code.--Nothing in
this subsection may be construed to establish, modify, or
otherwise affect the definition of political activities or
electioneering activities (including the definition of
participating in, intervening in, or influencing or attempting
to influence a political campaign on behalf of or in opposition
to any candidate for public office) for purposes of the
Internal Revenue Code of 1986.''.
(b) Responsibilities of Federal Communications Commission.--The
Federal Communications Commission shall compile and maintain any
information the Federal Election Commission may require to carry out
section 304(e) of the Federal Election Campaign Act of 1971 (as added
by subsection (a)), and shall make such information available to the
public on the Federal Communication Commission's website.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect 30 days after
the date of the enactment of this Act. | Full Disclosure Campaign Reform Act of 2002 - Amends the Federal Election Campaign Act of 1971 to require every person who makes a disbursement for the direct costs of producing and airing electioneering communications or targeted mass communications in an aggregate amount in excess of $10,000 during any calendar year to file with the Federal Election Commission (FEC) a disclosure statement meeting specified requirements.Directs the Federal Communications Commission to compile and maintain any information the FEC may require to carry out this Act and to make it publicly available through its website. | {"src": "billsum_train", "title": "To amend the Federal Election Campaign Act of 1971 to require persons who make disbursements for certain electioneering communications and certain mass communications to file information with the Federal Election Commission regarding the source of the funds used for the disbursements, and for other purposes."} | 2,276 | 114 | 0.552915 | 1.626523 | 0.633584 | 4.673469 | 20.765306 | 0.897959 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scofield Land Transfer Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Claimant.--The term ``claimant'' means any person or
entity that, according to the records in the office of the
Recorder for Carbon County, Utah, as of the date of enactment
of this Act, claims title to, or an interest in, the Federal
land.
(2) Federal land.--The term ``Federal land'' means the land
acquired by Price River Water Conservation District and
transferred to the United States for use in the construction
and operation of Scofield Dam and Reservoir located between the
normal water surface elevation and the property boundary
elevation in the Scofield Reservoir basin.
(3) Flood surcharge elevation.--The term ``flood surcharge
elevation'' means the elevation of 7640.3 in the North American
Vertical Datum of 1988, which corresponds to the elevation of
the crest of Scofield Dam.
(4) Fund.--The term ``Fund'' means the Scofield Reservoir
Fund established by section 3(b)(7)(A).
(5) Life estate.--The term ``life estate'' means an
interest of the claimant in the Federal land that will revert
to the United States on the date of the death of the claimant.
(6) Normal water surface elevation.--The term ``normal
water surface elevation'' means the contour elevation of 7621.8
in the North American Vertical Datum of 1988, which corresponds
to the elevation of the lip of the spillway of Scofield Dam.
(7) Property boundary elevation.--The term ``property
boundary elevation'' means the contour elevation 7630, as
surveyed by McGonagle and Ulrich, Land Surveyors, in 1926,
which was transmuted to the current elevation of 7638.9 in the
North American Vertical Datum of 1988 and which corresponds to
1.4 vertical feet below the crest of Scofield Dam.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF SCOFIELD PROJECT LAND.
(a) Survey; Notification.--As soon as practicable after the date of
enactment of this Act, the Secretary shall--
(1) complete a full physical and title survey of the
Federal land and any other related land in and around the
Scofield Reservoir Basin; and
(2) attempt to notify each of the claimants of the trespass
or encroachment on the Federal land by the applicable claimant,
including the existence of any trespassing or encroaching
structures of the claimant.
(b) Authorization To Convey Federal Land.--
(1) In general.--To resolve the issues of trespass and
encroachment on the Federal land by the claimants, the
Secretary may, on election by the claimant in accordance with
paragraph (5)--
(A) convey to a claimant fee interest in the
claimed portion of the Federal land that is located
above the normal water surface elevation, subject to
paragraph (2); or
(B) grant to a claimant a life estate permitting
the continued occupation of the claimed portion of the
Federal land above the normal water surface elevation,
subject to paragraph (3).
(2) Conveyance requirements.--A conveyance under paragraph
(1)(A) shall be subject to--
(A) the claimant paying to the Secretary the fair
market value of the fee interest in the claimed portion
of the Federal land, exclusive of the value of any
permanent structures;
(B) the United States retaining a flood easement
over the entire portion of Federal land conveyed; and
(C) deed restrictions requiring that--
(i) to prevent any structure on the portion
of the Federal land conveyed from being
displaced during a flood event, the claimant--
(I) secure or tie down the
structure;
(II) rebuild the structure with the
same footprint as the original
structure; or
(III) repair the structure; and
(ii) all activities carried out by the
claimant under clause (i) with respect to a
structure be carried out in accordance with--
(I) the International Building Code
(as adopted by Utah Administrative Code
R156-56); or
(II) any other building code or
engineering standard that is--
(aa) similar to the
International Building Code;
(bb) widely used; and
(cc) nationally recognized.
(3) Life estate requirements.--A life estate granted under
paragraph (1)(B) shall be subject to--
(A) the claimant paying to the Secretary the fair
market value of the life estate on the claimed portion
of the Federal land;
(B) provisions under which the claimant agrees to
hold the United States harmless for all claims arising
from the design, construction, operation, or
replacement of Scofield Dam and Reservoir; and
(C) provisions requiring the claimant to secure or
tie down all structures on the portion of Federal land
conveyed to prevent the structures from being displaced
during a flood event in accordance with a code
described in clause (i) or (ii) of paragraph (2)(C).
(4) Compliance with environmental laws.--
(A) In general.--Before conveying the Federal land
under paragraph (1)(A) or granting a life estate under
paragraph (1)(B), the Secretary shall comply with all
applicable requirements under--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.);
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
(iii) any other applicable law.
(B) Effect.--Nothing in this Act modifies or alters
any obligations under--
(i) the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.); or
(ii) the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
(5) Deadline for election.--Not later than 5 years after
the date of enactment of this Act, each of the claimants shall
notify the Secretary in writing of whether the claimant opts to
receive--
(A) a fee interest in the claimed portion of the
Federal land, in accordance with paragraph (1)(A); or
(B) a life estate in the claimed portion of the
Federal land, in accordance with paragraph (1)(B).
(6) Failure to notify secretary.--
(A) In general.--If a claimant fails to submit to
the Secretary a notice of an election in accordance
with paragraph (5), any future claim by the claimant
with respect to the Federal land shall be extinguished.
(B) Quiet title.--On extinguishment of the claim
under subparagraph (A), the Secretary shall take such
action as is necessary to quiet title to the applicable
portion of the Federal land, including removal of
persons, entities, structures, and materials
encumbering the applicable portion of the Federal land.
(7) Trust fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Scofield Reservoir Fund'', to be administered by the
Secretary and to be available, without fiscal year
limitation, for providing enhanced recreation
opportunities at Scofield Reservoir.
(B) Transfers to fund.--There shall be deposited in
the Fund any amounts received as consideration for a
conveyance under paragraph (2)(A) or a granting of a
life estate under paragraph (3)(A).
SEC. 4. REPORT.
Not later than 3 years after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(1) describes the status of any activities authorized under
this Act;
(2) describes any obstacles to completing any outstanding
transfers of title or grants of life estates;
(3) specifies an anticipated date for completion of any
outstanding transfers of title or grants of life estates; and
(4) describes efforts to quiet title to any portion of the
Federal land to which a claimant did not submit an election
under section 3(b)(5). | Scofield Land Transfer Act - Directs the Secretary of the Interior to: (1) complete a full physical and title survey of specified federal land concerning the Scofield Dam and Reservoir in Carbon County, Utah, and any other related land in and around Scofield Reservoir Basin; and (2) attempt to notify each person or entity claiming title to, or an interest in, such land (claimant) of the claimant's trespass or encroachment on federal land, including the existence of any trespassing or encroaching structures.
Authorizes the Secretary, in order to resolve trespass and encroachment issues and upon a claimant's request, to convey either a fee interest or a life estate to a claimant.
Subjects any conveyance to: (1) a claimant paying fair market value for the claimed land, (2) the United States retaining a flood easement over the entire portion of the federal land conveyed, and (3) specified deed restrictions.
Establishes the Scofield Reservoir Fund to provide enhanced recreation opportunities at the Scofield Reservoir. Deposits into the Fund any amounts paid by claimants pursuant to this Act. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of the Interior to convey certain interests in Federal land acquired for the Scofield Project in Carbon County, Utah."} | 1,840 | 264 | 0.599243 | 1.950173 | 0.808854 | 3.626794 | 7.736842 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Relief for Transportation
Workers Act of 2008''.
SEC. 2. REFUNDABLE CREDIT FOR OBTAINING TRANSPORTATION WORKER
IDENTIFICATION CREDENTIALS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by redesignating section 36 as section 37 and by inserting
after section 35 the following new section:
``SEC. 36. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the qualified expenses paid or
incurred in obtaining a valid transportation worker identification
credential.
``(b) Limitation.--
``(1) In general.--The amount allowed as a credit under
subsection (a) for a taxable year shall not exceed the sum of
the taxpayer's regular tax liability and Social Security taxes
for the taxable year.
``(2) Regular tax liability and social security taxes
defined.--For purposes of paragraph (1), the term `regular tax
liability' has the meaning given such term by section 26(b) and
the term `Social Security taxes' has the meaning given such
term by section 24(d)(2).
``(c) Definitions.--For purposes of this section--
``(1) Qualified expenses.--The term `qualified expenses'
includes--
``(A) any fee imposed under section 70105 of title
46, United States Code, and
``(B) 40 percent of reasonable legal expenses and
any other expense reasonably incurred in obtaining a
valid transportation worker identification credential.
``(2) Transportation worker identification credential.--The
term `transportation worker identification credential' means
the credential issued under section 70105 of title 46, United
States Code.
``(d) Denial of Double Benefit.--No credit shall be allowed under
subsection (a) for any expense for which a deduction is allowed under
any other provision of this chapter.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 36 and inserting the following new
items:
``Sec. 36. Transportation worker identification credentials.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred before, on, or after the date of the
enactment of this Act.
SEC. 3. DEDUCTION FOR OBTAINING TRANSPORTATION WORKER IDENTIFICATION
CREDENTIALS ON BEHALF OF EMPLOYEES.
(a) In General.--Part VI of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to itemized deductions for
individuals and corporations) is amended by adding at the end the
following new section:
``SEC. 200. TRANSPORTATION WORKER IDENTIFICATION CREDENTIALS OBTAINED
ON BEHALF OF EMPLOYEES.
``(a) Allowance of Credit.--In the case of an employer, there shall
be allowed as a deduction an amount equal to 40 percent of the
aggregate qualified expenses paid or incurred in obtaining valid
transportation worker identification credentials on behalf of its
employees.
``(b) Definitions.--For purposes of this section--
``(1) Qualified expenses.--The term `qualified expenses'
includes--
``(A) any fee imposed under section 70105 of title
46, United States Code, and
``(B) reasonable legal expenses and any other
expenses reasonably incurred in obtaining a valid
transportation worker identification credential.
``(2) Transportation worker identification credential.--The
term `transportation worker identification credential' means
the credential issued under section 70105 of title 46, United
States Code.
``(3) Employee.--The term `employee' has the same meaning
as when used within the meaning of section 401(c)(1).
``(c) Election to Not Take Deduction.--No deduction shall be
allowed under subsection (a) for any expense if the taxpayer elects not
to have this section apply to such expense.''.
(b) Clerical Amendment.--The table of sections for part VI of
subchapter B of chapter 1 of such Code is amended by inserting at the
end the following new item:
``Sec. 200. Transportation worker identification credentials obtained
on behalf of employees.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act. | Tax Relief for Transportation Workers Act of 2008 - Amends the Internal Revenue Code to allow: (1) individuals a refundable tax credit for the qualified expenses incurred in obtaining a transportation worker identification credential; and (2) employers a deduction equal to 40% of the aggregate qualified expenses paid or incurred in obtaining such credentials on behalf of their employees. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax relief for obtaining transportation worker identification credentials."} | 1,166 | 75 | 0.614569 | 1.434141 | 1.052515 | 3.283582 | 14.522388 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``King Cove Health and Safety Act of
1998''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) King Cove, Alaska is a community in the westernmost
region of the Alaska Peninsula with a population of roughly 800
full-time residents and an additional 400 to 600 workers who
are transported in and out of the community a number of times a
year to work in the local fish processing plant and on fishing
vessels;
(2) the majority of the full-time residents are indigenous
Native peoples of Aleut ancestry that have resided in the
region for over 5,000 years;
(3) the only mode of access to or from King Cove is via
small aircraft or fishing boat, and the weather patterns are so
severe and unpredictable that King Cove is one of the worst
places in all of the United States to access by either of these
modes of transportation;
(4) the State of Alaska has initiated the King Cove to Cold
Bay Transportation Improvement Assessment to confirm the need
for transportation improvements for King Cove and to identify
alternative methods of improving transportation access with
comprehensive environmental and economic review of each
alternative;
(5) the State of Alaska has identified a road between King
Cove and Cold Bay as one of the alternatives to be evaluated in
the transportation planning process but for a road to be a
viable option for the State of Alaska, the Congress must grant
a legislative easement within the Izembek National Wildlife
Refuge (``Refuge'') across approximately seven miles of
wilderness land owned by the Federal Government;
(6) there are fourteen miles of roads within the wilderness
boundary of the Refuge which are currently traveled by
vehicles;
(7) any road constructed in accordance with such easement
would be an unpaved, one-lane road sufficient in width to
satisfy State law; and
(8) the combined communities of King Cove and Cold Bay have
approximately 250 vehicles.
SEC. 3. PURPOSE.
The purpose of this Act is to establish a surface transportation
easement across Federal lands within the Refuge and to transfer 664
acres of high value habitat lands adjacent to the Refuge in fee simple
from the King Cove Corporation to the Federal Government as new
wilderness lands within the Refuge in exchange for redesignating a
narrow corridor of land within the Refuge as nonwilderness lands.
SEC. 4. LAND EXCHANGE.
If the King Cove Corporation offers to transfer to the United
States all right, title, and interest of the Corporation in and to all
land owned by the Corporation in Sections 2, 3, 4, 5, 6, and 7 of T 57
S, R 88 W, Seward Meridian, Alaska, and any improvements thereon, the
Secretary of the Interior (``Secretary'') shall, not later than 30 days
after such offer, grant the Aleutians East Borough a perpetual right-
of-way of 60 feet in width through the lands described in sections 6
and 7 of this Act 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 and accept the
transfer of the offered lands. Upon transfer to the United States, such
lands shall be managed in accordance with section 1302(i) of the Alaska
National Interest Lands Conservation Act, shall be included within the
Refuge, and shall be managed as wilderness.
SEC. 5. RIGHT-OF-WAY.
Unless otherwise agreed to by the Secretary and the Aleutians East
Borough, the right-of-way granted under section 4 shall--
(1) include sufficient lands for logistical staging areas
and construction material sites used for the construction and
maintenance of an unpaved, one-lane public road sufficient in
width to meet the minimum requirements necessary to satisfy
State law;
(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.
SEC. 6. CONFORMING CHANGE.
Upon the offer of Corporation lands under section 4, the boundaries
of the wilderness area within the Refuge are modified to exclude from
wilderness designation a 100 foot wide corridor to accommodate the
right-of-way within the following land sections:
(1) 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.
(2) Sections 23, 24, 25, 26, 27, 34, 35, and 36 of T 56 S,
R 88 W, Seward Meridian, Alaska.
(3) Sections 1, 2, 11, and 12 of T 57 S, R 89 W, Seward
Meridian, Alaska.
SEC. 7. RIGHT-OF-WAY LOCATION.
Unless otherwise agreed to by the Secretary and the Aleutians East
Borough, the right-of-way granted under section 4 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.
SEC. 8. TECHNICAL AMENDMENTS.
The following provisions of law shall not be applicable to any
right-of-way granted under section 4 of 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 as specified
in this section; and
(3) section 303(c) of title 49, United States Code.
SEC. 9. JOINT PLAN.
The Secretary and the Aleutians East Borough shall jointly prepare
a plan setting forth--
(1) the times of the year a road may reasonably be
constructed when there are not high concentrations of migratory
birds in Kinzarof Lagoon; and
(2) limitations on nonemergency road traffic during periods
of the year when there are high concentrations of migratory
birds in Kinzarof Lagoon.
SEC. 10. TRANSFER.
If within 24 months of the date the King Cove Corporation offers to
transfer to the United States all right, title, and interest of the
Corporation lands set forth in section 4 of this Act, the Secretary and
the Aleutians East Borough fail to mutually agree on the following--
(1) a final land exchange and a grant of a right-of-way
pursuant to section 4; and
(2) the right-of-way specifications, and terms and
conditions of use set forth in sections 5, 6, 7 and 8 of this
Act;
then the Aleutians East Borough shall have the right to select a 60
foot right-of-way for the construction, operation, and maintenance of
certain utility-related fixtures and of a public road from lands
described in section 7 of this Act, and to identify logistical staging
areas and construction material sites within the right-of-way. If an
agreement is not reached within 6 months after the Aleutians East
Borough notifies the Secretary of its selection, then the right-of-way
is hereby granted to the Borough.
Passed the Senate October 1 (legislative day, September
29), 1998.
Attest:
GARY SISCO,
Secretary. | King Cove Health and Safety Act of 1998 - Directs the Secretary of the Interior, if the King Cove Corporation offers to transfer specified lands to the United States, to accept the transfer of the offered lands and grant the Aleutians East Borough a perpetual right-of-way of 60 feet in width through specified lands 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. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Lands Conservation Act.
Directs the Secretary and the Borough to jointly prepare a plan setting forth: (1) the times of the year a road may reasonably be constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on nonemergency road traffic during periods of the year when there are high concentrations of migratory birds in that Lagoon.
Provides that, if the Secretary and the Borough fail to mutually agree within 24 months of the offer on a final land exchange and grant of right-of-way, and on the right-of-way specifications and terms and conditions of use set forth in this Act, the Borough shall have the right to select a 60 foot right-of-way for the construction, operation, and maintenance of certain utility-related fixtures and of a public road from specified lands, and to identify logistical staging areas and construction material sites within the right-of-way. Grants the right-of-way to the Borough if an agreement is not reached within six months after the Borough notifies the Secretary of its selection. | {"src": "billsum_train", "title": "King Cove Health and Safety Act of 1998"} | 1,814 | 374 | 0.565687 | 2.039104 | 0.582172 | 6.542424 | 5.560606 | 0.966667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tampon Safety and Research Act of
1997''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Tampons are used by up to 70 percent of menstruating
women in the United States today, and the average woman may use
as many as 11,400 tampons in her lifetime.
(2) Most menstruation products, such as tampons, sanitary
pads, and panty liners, contain dioxins to varying degrees, a
by-product of a chlorine-bleaching process used in the
manufacture of paper products.
(3) The effects of dioxin from various sources are
cumulative and can be measured 20 to 30 years after exposure.
Women may be exposed to dioxin in tampons and other menstrual
products for approximately 40 years over the course of their
reproductive lives.
(4) Internal documents of the Food and Drug Administration
suggest the agency has not adequately investigated the danger
of dioxin in tampons, according to a 1992 staff report of a
subcommittee of the Committee on Government Operations, House
of Representatives.
(5) The Food and Drug Administration has relied on data
provided by feminine hygiene manufacturers in determining
product safety.
(6) Although the Food and Drug Administration currently
requires tampon manufacturers to monitor dioxin levels in their
finished products, the information is not readily available to
the public.
(7) The Environmental Protection Agency has concluded that
dioxins are a probable human carcinogen (cancer-causing agent).
(8) Recent studies have produced conflicting information
about the link between dioxin exposure and increased risks for
endometriosis.
(9) The Environmental Protection Agency has concluded that
people with high exposure to dioxins may be at risk for other
noncancer effects that could suppress the immune system,
increase the risk of pelvic inflammatory disease, reduce
fertility, and interfere with fetal and childhood development.
(10) An independent study in 1991 found that tampons
commonly included any of the following additives: Chlorine
compounds; absorbency enhancers (such as surfactants like
polysorbate-20); natural and synthetic fibers (such as cotton,
rayon, polyester, and polyacrylate); deodorant; and fragrance.
(11) Toxic shock syndrome has been linked to tampon use.
Such syndrome is a rare bacterial-caused illness that occurs
mostly in menstruating women. During 1979 and 1980, the
syndrome was responsible for at least 55 deaths and 1,066
nonfatal cases.
(12) Independent research has shown that synthetic fiber
additives in tampons amplify toxin production, which is
associated with toxic shock syndrome.
SEC. 3. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO
OFFICE OF RESEARCH ON WOMEN'S HEALTH.
Part F of title IV of the Public Health Service Act (42 U.S.C. 287d
et seq.) is amended by adding at the end the following section:
``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH.
``(a) Dioxin in Feminine Hygiene Products.--
``(1) In general.--The Director of NIH, in collaboration
with the Director of the Office, shall provide for the conduct
or support of research to determine the extent to which the
presence of dioxin, synthetic fibers, and other additives in
tampons and other feminine hygiene products--
``(A) pose any risks to the health of women who use
the products, including risks relating to cervical
cancer, endometriosis, infertility, ovarian cancer,
breast cancer, immune system deficiencies, pelvic
inflammatory disease, and toxic shock syndrome; and
``(B) pose any risks to the health of children of
women who used such products during or before the
pregnancies involved, including risks relating to fetal
and childhood development.
``(2) Requirement regarding data from manufacturers.--
Research under paragraph (1) shall include research to confirm
the data on tampons and other feminine hygiene products
submitted to the Commissioner of Food and Drugs by
manufacturers of such products.
``(3) Definition.--For purposes of paragraph (1), the term
`feminine hygiene products' means tampons, pads, liners, and
similar products used by women with respect to menstruation or
other genital-tract secretions.
``(b) Reports.--Reports on the results of research under subsection
(a) shall be periodically submitted to the Congress, the Commissioner
of Food and Drugs, the Administrator of the Environmental Protection
Agency, and the Consumer Product Safety Commission. Such reports shall
be made available to the public through the data system and
clearinghouse program established under section 486A, or through other
appropriate means.''. | Tampon Safety and Research Act of 1997 - Amends the Public Health Service Act to mandate the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or to the children of women who use those products during or before the pregnancies involved. Requires that the research include research to confirm the data on feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of the products. Requires that research results be submitted to the Congress, specified governmental agencies, and the public. | {"src": "billsum_train", "title": "Tampon Safety and Research Act of 1997"} | 1,106 | 120 | 0.476874 | 1.318956 | 0.613285 | 3.778846 | 9.038462 | 0.932692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wildlife Penning Prohibition Act''.
SEC. 2. ADDITION OF WILDLIFE USED IN PENNED DOG TRAINING ACTIVITIES TO
DEFINITION OF PROHIBITED WILDLIFE SPECIES.
Section 2(g) of the Lacey Act Amendments of 1981 (16 U.S.C.
3371(g)) is amended by inserting before the period at the end ``, or
any wildlife, other than birds, used or intended to be used in dog
training activities in which coyotes, foxes or other wildlife species
(other than birds) are pursued, harassed, or killed within an
enclosure''.
SEC. 3. CAPTIVE WILDLIFE AMENDMENTS.
(a) Prohibited Acts.--Section 3 of the Lacey Act Amendments of 1981
(16 U.S.C. 3372) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by inserting
``or'' after the semicolon;
(ii) in subparagraph (B), by striking ``;
or'' and inserting a semicolon; and
(iii) by striking subparagraph (C); and
(B) in paragraph (4), by inserting ``or subsection
(e)'' before the period; and
(2) in subsection (e)--
(A) by redesignating paragraphs (2), (3), (4) and
(5) as paragraphs (3), (4), (5) and (6) respectively;
(B) by striking ``(e)'' and all that follows
through ``Subsection (a)(2)(C)'' in paragraph (1) and
inserting the following:
``(e) Captive Wildlife Offense.--
``(1) In general.--It is unlawful for any person to import,
export, transport, sell, receive, acquire, or purchase in
interstate or foreign commerce any live animal of any
prohibited wildlife species.
``(2) Nonapplicability.--This subsection'';
(C) in paragraph (2) (as redesignated by
subparagraph (A))--
(i) by striking ``a prohibited'' and
inserting ``any prohibited'';
(ii) by striking ``(3)'' and inserting
``(4)''; and
(iii) by striking ``(2)'' and inserting
``(3)'';
(D) in paragraph (3) (as redesignated by
subparagraph (A))--
(i) in subparagraph (C)--
(I) in clauses (ii) and (iii), by
striking ``animals listed in section
2(g)'' each place it appears and
inserting ``prohibited wildlife
species''; and
(II) in clause (iv), by striking
``animals'' and inserting ``prohibited
wildlife species''; and
(ii) in subparagraph (D), by striking
``animal'' each place it appears and inserting
``prohibited wildlife species'';
(E) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``(2)'' and inserting
``(3)'';
(F) in paragraph (6) (as redesignated by
subparagraph (A)), by striking ``subsection (a)(2)(C)''
and inserting ``this subsection''; and
(G) by inserting after paragraph (6) (as
redesignated by subparagraph (A)) the following:
``(7) Application.--This subsection shall apply beginning
on the effective date of regulations promulgated under this
subsection.''.
(b) Civil Penalties.--Section 4(a) of the Lacey Act Amendments of
1981 (16 U.S.C. 3373(a)) is amended--
(1) in paragraph (1), by striking ``subsections (b) and
(d)'' and inserting ``subsections (b), (d), and (e)''; and
(2) in paragraph (1), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(c) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments
of 1981 (16 U.S.C. 3373(d)) is amended--
(1) in paragraphs (1)(A) and (1)(B) and in the first
sentence of paragraph (2), by striking ``subsections (b) and
(d)'' each place it appears and inserting ``subsections (b),
(d), and (e)''; and
(2) in paragraph (3), by striking ``section 3(d)'' and
inserting ``subsection (d) or (e) of section 3''.
(d) Correction of Prior Amendment.--
(1) Correction.--Section 102(c) of Public Law 100-653 (102
Stat. 3826) is amended by striking ``section 3(b)'' and
inserting ``subsection 3(b)''.
(2) Effective date.--This subsection shall take effect upon
enactment of Public Law 100-653.
SEC. 4. APPLICABILITY PROVISION AMENDMENT.
Section 3 of the Captive Wildlife Safety Act (117 Stat. 2871;
Public Law 108-191) is amended--
(1) in subsection (a), by striking ``(a) In General.--
Section 3'' and inserting ``Section 3''; and
(2) by striking subsection (b). | Wildlife Penning Prohibition Act - Amends the Lacey Act Amendments of 1981 to add wildlife, other than birds, used or intended to be used in dog training activities (i.e., activities in which coyotes, foxes, or other wildlife species are pursued, harassed, or killed within an enclosure) to the definition of "prohibited wildlife species" for purposes of the prohibition against the sale or purchase of such species in interstate or foreign commerce.
Makes it unlawful for a person to sell or purchase a live animal of any prohibited wildlife species in interstate or foreign commerce (i.e., for pet trade purposes). Sets forth: (1) exceptions to such prohibition; and (2) civil and criminal penalties for violations of the requirements of this Act. | {"src": "billsum_train", "title": "To amend the Lacey Act Amendments of 1981 to treat wildlife, other than birds, used or intended to be used in penned dog training activities as prohibited wildlife species under that Act, to make corrections in the provisions relating to captive wildlife offenses under that Act, and for other purposes."} | 1,301 | 172 | 0.656936 | 1.760794 | 0.787506 | 3.756944 | 7.715278 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Water Infrastructure Financing
Act of 2001''.
SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS.
Section 601(a) of the Federal Water Pollution Control Act (33
U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all
that follows through the period at the end and inserting ``to
accomplish the purposes of this Act.''.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) Requirements for Construction of Treatment Works.--Section
602(b)(6) of the Federal Water Pollution Control Act (33 U.S.C.
1382(b)(6)) is amended--
(1) by striking ``before fiscal year 1995''; and
(2) by striking ``201(b)'' and all that follows through
``218,'' and inserting ``211,''.
(b) Guidance for Small Systems.--Section 602 of the Federal Water
Pollution Control Act (33 U.S.C. 1382) is amended by adding at the end
the following:
``(c) Guidance for Small Systems.--
``(1) Simplified procedures.--Not later than 1 year after
the date of enactment of this subsection, the Administrator
shall assist the States in establishing simplified procedures
for small systems to obtain assistance under this title.
``(2) Publication of manual.--Not later than 1 year after
the date of enactment of this subsection, after providing
notice and opportunity for public comment, the Administrator
shall publish--
``(A) a manual to assist small systems in obtaining
assistance under this title; and
``(B) in the Federal Register, notice of the
availability of the manual.
``(3) Definition of small system.--In this title, the term
`small system' means a system for which a municipality or
intermunicipal, interstate, or State agency seeks assistance
under this title and that serves a population of 20,000 or
fewer inhabitants.''.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) Activities Eligible for Assistance.--Section 603 of the Federal
Water Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (c) and inserting the following:
``(c) Activities Eligible for Assistance.--
``(1) In general.--The water pollution control revolving
fund of a State shall be used only for providing financial
assistance for activities that have, as a principal benefit,
the improvement or protection of the water quality of navigable
waters to a municipality, intermunicipal, interstate, or State
agency, or other person, including activities such as--
``(A) construction of a publicly owned treatment
works;
``(B) implementation of lake protection programs
and projects under section 314;
``(C) implementation of a nonpoint source
management program under section 319;
``(D) implementation of an estuary conservation and
management plan under section 320;
``(E) restoration or protection of publicly or
privately owned riparian areas, including acquisition
of property rights;
``(F) implementation of measures to improve the
efficiency of public water use;
``(G) development and implementation of plans by a
public recipient to prevent water pollution; and
``(H) acquisition of land necessary to meet any
mitigation requirements related to construction of a
publicly owned treatment works.
``(2) Fund amounts.--
``(A) Repayments.--The water pollution control
revolving fund of a State shall be established,
maintained, and credited with repayments.
``(B) Availability.--The balance in the fund shall
be available in perpetuity for providing financial
assistance described in paragraph (1).
``(C) Fees.--Fees charged by a State to recipients
of the assistance may be deposited in the fund and may
be used only to pay the cost of administering this
title.''.
(b) Extended Repayment Period for Financially Distressed
Communities.--Section 603(d)(1) of the Federal Water Pollution Control
Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A), by inserting after ``20 years''
the following: ``or, in the case of a financially distressed
community, the lesser of 40 years or the expected life of the
project to be financed with the proceeds of the loan''; and
(2) in subparagraph (B), by striking ``not later than 20
years after project completion'' and inserting ``on the
expiration of the term of the loan''.
(c) Loan Guarantees.--Section 603(d) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(d)) is amended by striking paragraph (5)
and inserting the following:
``(5) to provide loan guarantees for--
``(A) similar revolving funds established by
municipalities or intermunicipal agencies; and
``(B) developing and implementing innovative
technologies;''.
(d) Administrative Expenses.--Section 603(d)(7) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(7)) is amended by
inserting before the period at the end the following: ``or the greater
of $400,000 per year or an amount equal to \1/2\ percent per year of
the current valuation of the fund, plus the amount of any fees
collected by the State under subsection (c)(2)(C)''.
(e) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) to provide to small systems technical and planning
assistance and assistance in financial management, user fee
analysis, budgeting, capital improvement planning, facility
operation and maintenance, repair schedules, and other
activities to improve wastewater treatment plant operations,
except that the amounts used under this paragraph for a fiscal
year shall not exceed 2 percent of all grants provided to the
fund for the fiscal year under this title.''.
(f) Consistency With Planning Requirements.--Section 603(f) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(f)) is amended by
striking ``is consistent'' and inserting ``is not inconsistent''.
(g) Construction Assistance.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by striking
subsection (g) and inserting the following:
``(g) Construction Assistance.--
``(1) Priority list requirement.--The State may provide
financial assistance from the water pollution control revolving
fund of the State for a project for construction of a publicly
owned treatment works only if the project is on the priority
list of the State under section 216, without regard to the rank
of the project on the list.
``(2) Eligibility of certain treatment works.--A treatment
works shall be treated as a publicly owned treatment works for
purposes of subsection (c) if the treatment works, without
regard to ownership, would be considered a publicly owned
treatment works and is principally treating municipal waste
water or domestic sewage.''.
(h) Principal Subsidization.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end
the following:
``(i) Principal Subsidization.--
``(1) In general.--Subject to paragraph (2), in a case in
which a State makes a loan under subsection (d)(1) to a
financially distressed community, the State may provide
additional subsidization to the loan recipient (including
forgiveness of principal).
``(2) Limitation.--For each fiscal year, the total amount
of loan subsidies made by a State under this subsection shall
not exceed 30 percent of the amount of the capitalization grant
received by the State for that fiscal year.
``(j) Information To Assist States.--The Administrator may publish
information to assist States in establishing the affordability criteria
referred to in subsection (l).
``(k) Priority.--In making a loan under this section, a State may
give priority to a financially distressed community.
``(l) Definition of Financially Distressed Community.--In this
section, the term `financially distressed community' means any
community that meets affordability criteria that are--
``(1) established by the State in which the community is
located; and
``(2) developed after public review and comment.''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended by striking ``the following sums:'' and all that
follows through the period at the end of paragraph (5) and inserting
``$3,000,000,000 for each of fiscal years 2002 through 2006.''. | Clean Water Infrastructure Financing Act of 2001 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities that have as a principal benefit the improvement or protection of water quality of navigable waters.Provides for an extended repayment period and additional subsidization with respect to loans made to financially distressed communities from revolving funds.Reauthorizes appropriations for FY 2002 through 2006 for the revolving fund program. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other purposes."} | 2,132 | 155 | 0.527795 | 1.361981 | 0.702171 | 2.666667 | 14.804878 | 0.894309 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Integrated Water Resources
Management Act of 2005''.
SEC. 2. SUPPORT OF STATE, TRIBAL, INTERSTATE WATER RESOURCES
ORGANIZATIONS, AND LOCAL GOVERNMENT.
The Secretary of the Army shall include as a primary mission of the
Army Corps of Engineers the provision of technical services and
assistance to support planning, conservation, and responsible
integrated management of water resources by State, tribal, interstate
water resources organizations, and local governments.
SEC. 3. TECHNICAL ASSISTANCE.
Section 22 of Water Resources Development Act of 1974 (42 U.S.C.
1962d-16) is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting the following:
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) by inserting after the last sentence in subsection (a)
the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental
agency or non-Federal interest, the Secretary may
provide, at Federal expense, technical assistance to
such agency or non-Federal interest in managing water
resources.
``(B) Types of assistance.--Technical assistance
under this paragraph may include provision and
integration of hydrologic, economic, and environmental
data and analyses.''.
(3) in subsection (b)(1) by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(2) by striking ``Up to \1/2\ of the''
and inserting ``The'';
(5) in subsection (c)--
(A) by striking ``(c) There is'' and inserting the
following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(B) by striking `` except that not more than
$500,000 shall be expended in any one year in any one
State'';
(C) by striking ``the provisions of this section''
and inserting ``subsection (a)(1);''; and
(D) by inserting at the end the following:
``(2) Technical assistance.--There is authorized to be
appropriated $10,000,000 annually to carry out subsection
(a)(2), of which not more than $2,000,000 annually may be used
by the Secretary to enter into cooperative agreements with
nonprofit organizations and State agencies to provide
assistance to rural and small communities.''; and
(6) by adding at the end the following:
``(e) Annual Submission.--The Secretary shall provide a listing of
the individual activities proposed for funding under subsection (a)(1),
based on performance criteria developed by the Secretary.''.
SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.
(a) In General.--Section 729 of the Water Resources Development Act
of 1986 (33 U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is
amended--
(1) by striking paragraph (1) of subsection (f) and
inserting the following:
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section on or
after December 11, 2000, shall be 25 percent.''; and
(2) by striking subsection (g).
(b) Revision of Partnership Agreement.--The Secretary of the Army
shall revise the partnership agreement for any assessment being carried
out under section 729 of the Water Resources Development Act of 1986 to
take into account the change in non-Federal participation in the
assessment as a result of the amendments made by subsection (a).
SEC. 5. CREDIT FOR MATERIALS AND IN-KIND SERVICES.
(a) In General.--The Secretary of the Army is authorized to allow a
non-Federal interest credit toward its share of the costs of any
authorized water resources development project or study for the cost of
materials and in-kind services, including planning (including data
collection), design, management, and construction services, provided by
the non-Federal interest for implementation of the project or study.
The credit shall include the cost of materials and services provided
prior to signing a partnership or feasibility cost sharing agreement
for the project or study, including efforts on constructed elements
incorporated into the project, and materials and services provided
after the partnership or feasibility cost sharing agreement, subject to
the limitations in subsection (b).
(b) Limitations.--Credit authorized under subsection (a)--
(1) shall not exceed the non-Federal share of project
costs;
(2) shall not alter any other requirements that require a
non-Federal interest to provide lands, easements, rights-of-
way, and dredged material disposal areas for the project;
(3) shall not exceed the actual and reasonable costs of the
materials or in-kind services provided by the non-Federal
interest, as determined by the Secretary; and
(4) shall be allowed unless the Secretary has determined
that such materials or services, including activities on
previously constructed elements, are not compatible with and
necessary for the project.
SEC. 6. IMPROVING WATER MANAGEMENT AT CORPS OF ENGINEERS RESERVOIRS.
(a) Measures to Improve Water Management at Corps of Engineers
Reservoirs.--In addition to ongoing efforts to assess and address the
water resources needs of the Nation, the Secretary of the Army shall
undertake, as part of the operation and maintenance of all Corps of
Engineers reservoirs, measures to more effectively and efficiently meet
the current water resources needs of the areas impacted by the
reservoirs. Such measures shall be undertaken in cooperation and
coordination with State, tribal, and local governments and their
ongoing initiatives and may include the following:
(1) reallocation of storage at such reservoirs;
(2) review of operational plans and implementation of
changes to improve performance of such reservoirs in meeting
current needs and priorities;
(3) improvements to data collection systems and forecast
models that enhance operational performance of such reservoirs;
and
(4) sediment studies and implementation of sediment
management or removal measures that improve project operations.
(b) Costs of Water Supply Storage.--Storage charges for future
contracts and contract renewals for water supply storage at existing
Corps of Engineers reservoirs shall not exceed the net change in
receipts or outlays, or both to the Treasury due to the reallocation of
storage at such reservoirs.
SEC. 7. ACCESS TO WATER RESOURCES DATA.
(a) General.--The Secretary of the Army shall undertake a program
to provide public access to water resources and related water quality
data currently within the custody of the Corps of Engineers.
(b) Data.--The date to which subsection (a) applies shall include,
but not be limited to, data generated in water resources project
development and regulation under section 404 of the Federal Water
Pollution Act (33 U.S.C. 1344), and the Secretary, in providing access
to data under subsection (a), shall employ appropriately geographic
information system technology and linkages to water resources models
and analytical techniques.
(c) Partnerships.--To the maximum extent possible, the Secretary
shall integrate State, tribal, and local governments into activities
that carry out this section.
(d) Appropriations.--There is authorized to be appropriated
$5,000,000 per fiscal year to carry out this section.
SEC. 8. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.
(a) Partnership Agreements.--Section 221 of the Flood Control Act
of 1970 (42 U.S.C. 1962d-5b) is amended--
(1) in subsection (a)--
(A) by striking ``under the provisions'' and all
that follows through ``under any other'' and inserting
``under any'';
(B) by inserting ``partnership'' after ``written'';
(C) by striking ``Secretary of the Army to furnish
its required cooperation for'' and inserting ``district
engineer for the district of the Corps of Engineers in
which the project will be carried out under which each
party agrees to carry out its responsibilities and
requirements for implementation or construction of'';
(D) by striking ``if the Secretary'' and inserting
``if the Secretary of the Army''; and
(E) by inserting after ``$25,000.'' the following:
``Such agreement may include a provision for liquidated
damages in the event of a failure of one or more
parties to perform.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Limitation.--Nothing in subsection (a) shall be construed as
limiting the authority of the Secretary to ensure that a partnership
agreement meets all requirements of law and policies of the Secretary
in effect on the date of entry into the partnership agreement.''.
(b) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (42 U.S.C. 1962d-5b; 101 Stat. 4190) is
amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it
appears and inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the
following: ``payment of liquidated damages under a
partnership agreement entered into by a district
engineer of the Corps of Engineers or, for'';
(B) by striking ``to collect a civil penalty
imposed under this section,''; and
(C) by striking ``any civil penalty imposed under
this section,'' and inserting ``any liquidated
damages,''.
(c) Applicability.--The amendments made by subsections (a) and (b)
only apply to partnership agreements entered into after the date of
enactment of this Act; except that at the request of a non-Federal
interest for a project the district engineer for the district of the
Corps of Engineers in which the project is located may amend a project
partnership agreement entered into on or before such date and under
which construction on the project has not been initiated as of such
date of enactment for the purpose of incorporating such amendments.
(d) References.--
(1) To cooperation agreements.--Any reference in a law,
regulation, document, or other paper of the United States to a
cooperation agreement or project cooperation agreement shall be
treated to be a reference to a partnership agreement or a
project partnership agreement, respectively.
(2) To partnership agreements.--Any reference to a
partnership agreement or project partnership agreement in this
Act (other than this section) shall be treated as a reference
to a cooperation agreement or a project cooperation agreement,
respectively.
SEC. 9. ENVIRONMENTAL INFRASTRUCTURE.
Section 219 of the Water Resources Development Act of 1992 (106
Stat. 4835-4836; 110 Stat. 3957; 113 Stat. 334) is amended--
(1) in subsection (b)--
(A) by striking ``(b) Non-Federal Share.--The'' and
inserting the following:
``(b) Non-Federal Share.--
``(1) In general.--The''; and
(B) by inserting after paragraph (1) (as so
designated by subparagraph (A)) the following:
``(2) In-kind credits.--The non-Federal share may be
provided in the form of materials and in-kind services,
including design, construction, and management services, that
the Secretary has determined are compatible with and necessary
for the project.''.
(2) in subsection (e)--
(A) by striking ``and'' at the end of paragraph
(7);
(B) by striking the period at the end of paragraph
(8) and inserting ``; and''; and
(C) by adding at the end the following:
``(9) $40,000,000 for the project described in subsection
(c)(18).''.
SEC. 10. TEXAS ENVIRONMENTAL INFRASTRUCTURE PROGRAM.
(a) Establishment of Program.--The Secretary of the Army shall
establish a program to provide environmental assistance to non-Federal
interests in the State of Texas.
(b) Form of Assistance.--Assistance under this section may be in
the form of planning, design, and construction assistance for water-
related environmental infrastructure and resource protection and
development projects in the State of Texas, including projects for
water supply, storage, treatment and related facilities, water quality
protection, wastewater treatment and related facilities, environmental
restoration, and surface water resource protection and development as
identified by the Texas Water Development Board.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) Partnership Agreements.--Before providing assistance under this
section, the Secretary shall enter into a partnership agreement with a
non-Federal interest.
(e) Cost Sharing.--
(1) In general.--The Federal share of project costs under
each agreement entered into under this section shall be 75
percent. The Federal share may be in the form of grants or
reimbursements of project costs.
(2) In-kind services.--The non-Federal share may be
provided in the form of materials and in-kind services,
including planning, design, construction, and management
services, that the Secretary has determined are compatible with
and necessary for the project.
(3) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of planning, design,
construction work completed by the non-Federal interest before
entering into a partnership agreement with the Secretary.
(4) Lands, easements, rights-of-way and relocations.--The
non-Federal interest shall receive credit for lands, easements,
rights-of-way, and relocations provided by the non-Federal
interest toward the non-Federal share of project costs.
(5) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed under
an agreement entered into under this section shall be 100
percent.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section shall be construed as waiving, limiting, or otherwise affecting
the applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance provided
under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000. | Integrated Water Resources Management Act of 2005 - Directs the Secretary of the Army to include as a primary mission of the Army Corps of Engineers the provision of technical services and assistance to support planning, conservation, and responsible integrated management of water resources by State, tribal, interstate water resources organizations, and local governments.
Amends the Water Resources Development Act (WRDA) of 1974 to authorize: (1) the Secretary, at the request of a governmental agency or non-Federal interest, to provide technical assistance in managing water resources; and (2) the non-Federal contribution for preparation of a plan subject to the cost-sharing program to be made by the provision of services, materials, supplies, or other in-kind services.
Amends the WRDA of 1986 to set the non-Federal share of the costs of a watershed and river basin assessment on or after December 11, 2000, at 25 percent. Authorizes the Secretary to allow a non-Federal interest credit toward its share of the costs for certain projects or studies. Directs the Secretary to undertake: (1) measures to more effectively meet the current water resources needs of the areas impacted by Corps reservoirs; and (2) a program to provide public access to water resources and related water quality data.
Modifies provisions under the Flood Control Act of 1970 and the WRDA of 1986 regarding partnership agreements for water resources projects. Directs the Secretary to establish a program to provide environmental assistance to non-Federal interests in Texas. | {"src": "billsum_train", "title": "To provide the Secretary of the Army with additional and enhanced authority with respect to water resources projects, and for other purposes."} | 3,312 | 324 | 0.615184 | 1.552076 | 0.788916 | 4.958621 | 10.265517 | 0.937931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Building Our Largest Dementia
Infrastructure for Alzheimer's Act'' or the ``BOLD Infrastructure for
Alzheimer's Act''.
SEC. 2. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF
ALZHEIMER'S DISEASE, COGNITIVE DECLINE, AND BRAIN HEALTH UNDER THE
ALZHEIMER'S DISEASE AND HEALTHY AGING PROGRAM.
Part K of title III of the Public Health Service Act (42 U.S.C.
280c et seq.) is amended--
(1) in the part heading, by adding ``and public health programs
for dementia'' at the end; and
(2) in subpart II--
(A) by striking the subpart heading and inserting the
following:
``Subpart II--Programs With Respect to Alzheimer's Disease and Related
Dementias''; and
(B) by striking section 398A (42 U.S.C. 280c-4) and
inserting the following:
``SEC. 398A. PROMOTION OF PUBLIC HEALTH KNOWLEDGE AND AWARENESS OF
ALZHEIMER'S DISEASE AND RELATED DEMENTIAS.
``(a) Alzheimer's Disease and Related Dementias Public Health
Centers of Excellence.--
``(1) In general.--The Secretary, in coordination with the
Director of the Centers for Disease Control and Prevention and the
heads of other agencies as appropriate, shall award grants,
contracts, or cooperative agreements to eligible entities, such as
institutions of higher education, State, tribal, and local health
departments, Indian tribes, tribal organizations, associations, or
other appropriate entities for the establishment or support of
regional centers to address Alzheimer's disease and related
dementias by--
``(A) advancing the awareness of public health officials,
health care professionals, and the public, on the most current
information and research related to Alzheimer's disease and
related dementias, including cognitive decline, brain health,
and associated health disparities;
``(B) identifying and translating promising research
findings, such as findings from research and activities
conducted or supported by the National Institutes of Health,
including Alzheimer's Disease Research Centers authorized by
section 445, into evidence-based programmatic interventions for
populations with Alzheimer's disease and related dementias and
caregivers for such populations; and
``(C) expanding activities, including through public-
private partnerships related to Alzheimer's disease and related
dementias and associated health disparities.
``(2) Requirements.--To be eligible to receive a grant,
contract, or cooperative agreement under this subsection, an entity
shall submit to the Secretary an application containing such
agreements and information as the Secretary may require, including
a description of how the entity will--
``(A) coordinate, as applicable, with existing Federal,
State, and tribal programs related to Alzheimer's disease and
related dementias;
``(B) examine, evaluate, and promote evidence-based
interventions for individuals with Alzheimer's disease and
related dementias, including underserved populations with such
conditions, and those who provide care for such individuals;
and
``(C) prioritize activities relating to--
``(i) expanding efforts, as appropriate, to implement
evidence-based practices to address Alzheimer's disease and
related dementias, including through the training of State,
local, and tribal public health officials and other health
professionals on such practices;
``(ii) supporting early detection and diagnosis of
Alzheimer's disease and related dementias;
``(iii) reducing the risk of potentially avoidable
hospitalizations of individuals with Alzheimer's disease
and related dementias;
``(iv) reducing the risk of cognitive decline and
cognitive impairment associated with Alzheimer's disease
and related dementias;
``(v) enhancing support to meet the needs of caregivers
of individuals with Alzheimer's disease and related
dementias;
``(vi) reducing health disparities related to the care
and support of individuals with Alzheimer's disease and
related dementias;
``(vii) supporting care planning and management for
individuals with Alzheimer's disease and related dementias;
and
``(viii) supporting other relevant activities
identified by the Secretary or the Director of the Centers
for Disease Control and Prevention, as appropriate.
``(3) Considerations.--In awarding grants, contracts, and
cooperative agreements under this subsection, the Secretary shall
consider, among other factors, whether the entity--
``(A) provides services to rural areas or other underserved
populations;
``(B) is able to build on an existing infrastructure of
services and public health research; and
``(C) has experience with providing care or caregiver
support, or has experience conducting research related to
Alzheimer's disease and related dementias.
``(4) Distribution of awards.--In awarding grants, contracts,
or cooperative agreements under this subsection, the Secretary, to
the extent practicable, shall ensure equitable distribution of
awards based on geographic area, including consideration of rural
areas, and the burden of the disease within sub-populations.
``(5) Data reporting and program oversight.--With respect to a
grant, contract, or cooperative agreement awarded under this
subsection, not later than 90 days after the end of the first year
of the period of assistance, and annually thereafter for the
duration of the grant, contract, or agreement (including the
duration of any renewal period as provided for under paragraph
(5)), the entity shall submit data, as appropriate, to the
Secretary regarding--
``(A) the programs and activities funded under the grant,
contract, or agreement; and
``(B) outcomes related to such programs and activities.
``(b) Improving Data on State and National Prevalence of
Alzheimer's Disease and Related Dementias.--
``(1) In general.--The Secretary shall, as appropriate, improve
the analysis and timely reporting of data on the incidence and
prevalence of Alzheimer's disease and related dementias. Such data
may include, as appropriate, information on cognitive decline,
caregiving, and health disparities experienced by individuals with
cognitive decline and their caregivers. The Secretary may award
grants, contracts, or cooperative agreements to eligible entities
for activities under this paragraph.
``(2) Eligibility.--To be eligible to receive a grant,
contract, or cooperative agreement under this subsection, an entity
shall be a public or nonprofit private entity, including
institutions of higher education, State, local, and tribal health
departments, and Indian tribes and tribal organizations, and submit
to the Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
``(3) Data sources.--The analysis, timely public reporting, and
dissemination of data under this subsection may be carried out
using data sources such as the following:
``(A) The Behavioral Risk Factor Surveillance System.
``(B) The National Health and Nutrition Examination Survey.
``(C) The National Health Interview Survey.
``(c) Improved Coordination.--The Secretary shall ensure that
activities and programs related to dementia under this section do not
unnecessarily duplicate activities and programs of other agencies and
offices within the Department of Health and Human Services.''.
SEC. 3. SUPPORTING STATE PUBLIC HEALTH PROGRAMS RELATED TO ALZHEIMER'S
DISEASE AND RELATED DEMENTIAS.
Section 398 of the Public Health Service Act (42 U.S.C. 280c-3) is
amended--
(1) in the section heading, by striking ``establishment of
program'' and inserting ``cooperative agreements to states and
public health departments for alzheimer's disease and related
dementias'';
(2) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary, in coordination with the Director
of the Centers for Disease Control and Prevention and the heads of
other agencies, as appropriate, shall award cooperative agreements to
health departments of States, political subdivisions of States, and
Indian tribes and tribal organizations, to address Alzheimer's disease
and related dementias, including by reducing cognitive decline, helping
meet the needs of caregivers, and addressing unique aspects of
Alzheimer's disease and related dementias to support the development
and implementation of evidence-based interventions with respect to--
``(1) educating and informing the public, based on evidence-
based public health research and data, about Alzheimer's disease
and related dementias;
``(2) supporting early detection and diagnosis;
``(3) reducing the risk of potentially avoidable
hospitalizations for individuals with Alzheimer's disease and
related dementias;
``(4) reducing the risk of cognitive decline and cognitive
impairment associated with Alzheimer's disease and related
dementias;
``(5) improving support to meet the needs of caregivers of
individuals with Alzheimer's disease and related dementias;
``(6) supporting care planning and management for individuals
with Alzheimer's disease and related dementias.
``(7) supporting other relevant activities identified by the
Secretary or the Director of the Centers for Disease Control and
Prevention, as appropriate''.; and
(3) by striking subsection (b);
(4) by redesignating subsection (c) as subsection (g);
(5) by inserting after subsection (a), the following:
``(b) Preference.--In awarding cooperative agreements under this
section, the Secretary shall give preference to applications that focus
on addressing health disparities, including populations and geographic
areas that have the highest prevalence of Alzheimer's disease and
related dementias.
``(c) Eligibility.--To be eligible to receive a cooperative
agreement under this section, an eligible entity (pursuant to
subsection (a)) shall prepare and submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require, including a plan that
describes--
``(1) how the applicant proposes to develop or expand, programs
to educate individuals through partnership engagement, workforce
development, guidance and support for programmatic efforts, and
evaluation with respect to Alzheimer's disease and related
dementias, and in the case of a cooperative agreement under this
section, how the applicant proposes to support other relevant
activities identified by the Secretary or Director of the Centers
for Disease Control and Prevention, as appropriate.
``(2) the manner in which the applicant will coordinate with
Federal, tribal, and State programs related to Alzheimer's disease
and related dementias, and appropriate State, tribal, and local
agencies, as well as other relevant public and private
organizations or agencies; and
``(3) the manner in which the applicant will evaluate the
effectiveness of any program carried out under the cooperative
agreement.
``(d) Matching Requirement.--Each health department that is awarded
a cooperative agreement under subsection (a) shall provide, from non-
Federal sources, an amount equal to 30 percent of the amount provided
under such agreement (which may be provided in cash or in-kind) to
carry out the activities supported by the cooperative agreement.
``(e) Waiver Authority.--The Secretary may waive all or part of the
matching requirement described in subsection (d) for any fiscal year
for a health department of a State, political subdivision of a State,
or Indian tribe and tribal organization (including those located in a
rural area or frontier area), if the Secretary determines that applying
such matching requirement would result in serious hardship or an
inability to carry out the purposes of the cooperative agreement
awarded to such health department of a State, political subdivision of
a State, or Indian tribe and tribal organization.'';
(6) in subsection (f) (as so redesignated), by striking
``grant'' and inserting ``cooperative agreement''; and
(7) by adding at the end the following:
``(f) Non-duplication of Effort.--The Secretary shall ensure that
activities under any cooperative agreement awarded under this subpart
do not unnecessarily duplicate efforts of other agencies and offices
within the Department of Health and Human Services related to--
``(1) activities of centers of excellence with respect to
Alzheimer's disease and related dementias described in section
398A; and
``(2) activities of public health departments with respect to
Alzheimer's disease and related dementias described in this
section.''.
SEC. 4. ADDITIONAL PROVISIONS.
Section 398B of the Public Health Service Act (42 U.S.C. 280c-5) is
amended--
(1) in subsection (a)--
(A) by inserting ``or cooperative agreement'' after
``grant'' each place that such appears;
(B) by striking ``section 398(a) to a State unless the
State'' and inserting ``sections 398 or 398A to an entity
unless the entity''; and
(C) by striking ``10'' and inserting ``5'';
(2) by striking subsection (b);
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively;
(4) in subsection (b) (as so redesignated)--
(A) in the matter preceding paragraph (1), by striking
``section 398(a) to a State unless the State'' and inserting
``sections 398 or 398A to an entity unless the entity'';
(B) in paragraph (1), by striking ``expenditures required
in subsection (b);'' and inserting ``expenditures;'';
(5) in subsection (c) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``each demonstration project for which
a grant'' and inserting ``the activities for which an
award''; and
(ii) by striking ``section 398(a)'' and inserting
``sections 398 or 398A''; and
(B) in paragraph (2), by striking ``6 months'' and
inserting ``1 year'';
(6) by inserting after subsection (c) (as so redesignated), the
following:
``(d) Definition.--In this subpart, the terms `Indian tribe' and
`tribal organization' have the meanings given such terms in section 4
of the Indian Health Care Improvement Act.''; and
(7) in subsection (e), by striking ``$5,000,000 for each of the
fiscal years 1988 through 1990'' and all that follows through
``2002'' and inserting ``$20,000,000 for each of fiscal years 2020
through 2024''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Building Our Largest Dementia Infrastructure for Alzheimer's Act or the BOLD Infrastructure for Alzheimer's Act This bill amends the Public Health Service Act to award cooperative agreements: (1) for the establishment or support of national or regional centers of excellence in public health practice in Alzheimer's disease; (2) to state public health departments, Native American tribes, and other entities to promote cognitive functioning, address cognitive impairment and unique aspects of Alzheimer's disease, and help meet the needs of caregivers; (3) for analysis and public reporting of data on the state and national levels regarding cognitive decline, caregiving, and health disparities, and monitoring of objectives on dementia and caregiving in the Department of Health and Human Services' Healthy People 2020 report. | {"src": "billsum_train", "title": "Building Our Largest Dementia Infrastructure for Alzheimer\u2019s Act"} | 3,244 | 166 | 0.665422 | 1.836682 | 0.802208 | 2.676259 | 21.553957 | 0.892086 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Wheat Gluten Act of
1996''.
SEC. 2. TEMPORARY IMPOSITION OF DUTIES PENDING FINAL DETERMINATION.
(a) In General.--In addition to any other duty that may apply,
there is imposed a duty of 25 percent ad valorem on wheat gluten
described in subsection (b).
(b) Wheat Gluten Described.--Wheat gluten described in this
subsection is wheat gluten, whether or not dried, described in heading
1109.00 of the Harmonized Tariff Schedule of the United States, that is
imported directly or indirectly from any member country of the European
Union.
(c) Applicability.--The rate of duty imposed under subsection (a)
shall apply to goods described in subsection (b) that are entered, or
withdrawn from warehouse for consumption, during the period beginning
on the date that is 15 days after the date of the enactment of this Act
and ending on whichever of the following dates occurs first with
respect to an investigation initiated under section 3:
(1) The date the investigation is suspended pursuant to
section 3(b)(2).
(2) The date on which a final negative determination is
made by the Commission pursuant to section 705 of the Tariff
Act of 1930.
(3) The date on which an order is issued pursuant to
section 706 of such Act.
(d) Refunds; Collections.--If the amount of the duty imposed under
this section is different from the amount of the cash deposit, bond, or
other security required for the countervailing duty imposed under a
countervailing duty order issued under section 706 of the Tariff Act of
1930 (19 U.S.C. 1671e) as a result of the investigation initiated under
section 3, such difference shall be refunded, released, or collected,
as the case may be, in accordance with section 707 of the Tariff Act of
1930 (19 U.S.C. 1671f).
SEC. 3. INITIATION OF INVESTIGATION.
(a) In General.--Notwithstanding any other provision of law, not
later than 30 days after the date of the enactment of this Act, the
administering authority shall initiate an investigation pursuant to
section 702(a) of the Tariff Act of 1930 (19 U.S.C. 1671a(a)) with
respect to the importation and sales for importation into the United
States of wheat gluten described in section 2(b).
(b) Application of Title VII of the Tariff Act of 1930.--
(1) In general.--Except as otherwise provided in this Act,
the provisions of title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.) shall apply to the countervailing duty
investigation initiated under subsection (a).
(2) Termination or suspension of investigation.--
(A) Termination.--Subsections (a) and (k) of
section 704 of the Tariff Act of 1930 (19 U.S.C. 1671c
(a) and (k)) shall not apply to the investigation
initiated pursuant to subsection (a).
(B) Suspension.--The investigation initiated
pursuant to subsection (a) may be suspended pursuant to
subsection (b) or (c) of section 704 of such Act, if
the requirements of such section 704 and subparagraph
(C) are satisfied.
(C) Suspension of investigation procedure.--The
requirements of this subparagraph are satisfied if, not
less than 30 days before suspending the investigation,
the administering authority--
(i) notifies the Committee on Finance of
the Senate, the Committee on Ways and Means of
the House of Representatives, the Commission,
and other parties to the investigation, of the
administering authority's intention to suspend
the investigation;
(ii) consults with such committees
regarding such suspension;
(iii) provides to such committees a copy of
the proposed agreement pursuant to which the
investigation is to be suspended, together with
an explanation of--
(I) how the agreement will be
carried out and enforced;
(II) how the agreement meets the
requirements of subsections (b), (c),
(d), and (e) of section 704 of the
Tariff Act of 1930; and
(III) any action required of the
European Union; and
(iv) permits all interested parties to
submit comments and information for the record
before the date on which notice of suspension
of the investigation is published.
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Administering authority.--The term ``administering
authority'' has the meaning given such term by section 771(1)
of the Tariff Act of 1930 (19 U.S.C. 1677(1)).
(2) Commission.--The term ``Commission'' means the United
States International Trade Commission. | Emergency Wheat Gluten Act of 1996 - Impose
s a 25
percent ad valorem duty on wheat gluten imported from European Union countries.
Directs the administering authority to initiate a countervailing duty investigation with respect to such wheat. | {"src": "billsum_train", "title": "Emergency Wheat Gluten Act of 1996"} | 1,091 | 56 | 0.492788 | 1.299895 | 1.050848 | 1.790698 | 22.069767 | 0.860465 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Postsecondary Education
Data for Students Act''.
SEC. 2. STUDY ON IMPROVEMENTS TO POSTSECONDARY EDUCATION TRANSPARENCY
AT THE FEDERAL LEVEL.
(a) Formation of Advisory Committee on Improving Postsecondary
Education Data.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Secretary of Education shall convene
the Advisory Committee on Improving Postsecondary Education
Data (in this Act referred to as the ``Advisory Committee''),
which shall be comprised of 15 members who represent
economically, racially, and geographically diverse populations
appointed by the Secretary in consultation with the
Commissioner for Education Statistics, including--
(A) individuals representing different sectors of
institutions of higher education, including individuals
representing undergraduate and graduate education;
(B) experts in the field of higher education
policy;
(C) State officials;
(D) students and other stakeholders from the higher
education community;
(E) representatives from the business community;
(F) experts in choice in consumer markets;
(G) privacy experts;
(H) college and career counselors at secondary
schools;
(I) experts in data policy, collection, and use;
and
(J) experts in labor markets.
(2) Chairperson.--The Secretary shall appoint the
Chairperson of the Advisory Committee.
(b) Study Required.--The Advisory Committee shall conduct a study
examining--
(1) the types of information, including information related
to costs of postsecondary education, sources of financial
assistance (including Federal student loans), student outcomes,
and postgraduation earnings, the Federal Government should
collect and report on institutions of higher education to
assist students and families in their search for an institution
of higher education;
(2) how such information should be collected and reported,
including how to disaggregate information on student outcomes
by subgroups of students, such as full-time students, part-time
students, nontraditional students, first generation college
students, students who are veterans, and Federal Pell Grant
recipients under subpart 1 of part A of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1070a); and
(3) the ways in which the Federal Government may make such
information more readily available to--
(A) students and their families in a format that is
easily accessible and understandable, and will aid
students and their families in making decisions; and
(B) States, local governments, secondary schools,
individual or groups of institutions of higher
education, and private-sector entities.
(c) Scope of Study.--In conducting the study under this Act, the
Advisory Committee shall, at a minimum, examine--
(1) whether the current Federal transparency initiatives on
postsecondary education--
(A) are reporting consistent information about
individual institutions of higher education across
Federal agencies; and
(B) are similar to transparency initiatives on
postsecondary education carried out by States,
individual or groups of institutions of higher
education, or private-sector entities;
(2) whether--
(A) the collection and reporting of postgraduation
earnings by the Federal Government is feasible, and if
feasible, the options for collecting and reporting such
information;
(B) collecting and reporting such information would
improve the use of Federal transparency initiatives and
ease decisionmaking for students and their families;
and
(C) collecting and reporting such information would
have an impact on student privacy, and if so, how such
impact may be minimized;
(3) whether any other information, including information
relating to student outcomes or identified under the review
required under subsection (d), should be collected and reported
by the Federal Government to improve the utility of such
initiatives for students and their families, and if so, how
such information may be collected and reported, including
whether the information should be disaggregated by subgroups of
students;
(4) whether any information currently collected and
reported by the Federal Government on institutions of higher
education is not useful for students and their families and
should not be so collected and reported;
(5) the manner in which the information from Federal
transparency initiatives is made available to students and
their families, and whether format changes may help the
information become more easily understood and widely utilized
by students and their families;
(6) any activities being carried out by the Federal
Government, States, individual or groups of institutions of
higher education, or private-sector entities to help inform
students and their families of the availability of Federal
transparency initiatives;
(7) the cost to institutions of higher education of
reporting to the Federal Government the information that is
being collected and reported through Federal transparency
initiatives, and how such cost may be minimized; and
(8) the relevant research described in subsection (d).
(d) Review of Relevant Research.--In conducting the study under
this Act, the Advisory Committee shall review and consider--
(1) research and studies, if any, that have been conducted
to determine questions most frequently asked by students and
families to help inform their search for an institution of
higher education;
(2) the types of information students seek before enrolling
in an institution of higher education;
(3) whether the availability to students and their families
of additional information on institutions of higher education
will be beneficial or confusing;
(4) results, if any, that are available from consumer
testing of Federal, State, institution of higher education, and
private-sector transparency initiatives on postsecondary
education that have been made publicly available on or after
the date that is 10 years before the date of enactment of this
Act; and
(5) any gaps in the research, studies, and results
described in paragraphs (1) and (4) relating to the types of
information students seek before enrolling in an institution of
higher education.
(e) Consultation.--
(1) In general.--In conducting the study under this Act,
the Advisory Committee shall--
(A) hold public hearings to consult with parents
and students; and
(B) consult with a broad range of interested
parties in higher education, including appropriate
researchers, representatives of secondary schools
(including college and career counselors) and
institutions of higher education from different sectors
of such institutions (including undergraduate and
graduate education), State administrators, and Federal
officials.
(2) Consultation with the authorizing committees.--The
Advisory Committee shall consult on a regular basis with the
authorizing committees in conducting the study under this Act.
(f) Reports to Authorizing Committees.--
(1) Interim report.--Not later than 180 days after the date
of enactment of this Act, the Advisory Committee shall prepare
and submit to the authorizing committees and the Secretary an
interim report describing the progress made in conducting the
study under this Act and any preliminary findings on the topics
identified under subsection (c).
(2) Final report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Advisory Committee
shall prepare and submit to the authorizing committees
and the Secretary a final report on the study,
including--
(i) recommendations for legislative,
regulatory, and administrative actions based on
findings related to the topics identified under
subsection (c); and
(ii) a summary of the research described in
subsection (d).
(B) Consultation with NCES.--The Advisory Committee
shall consult with the Commissioner of Education
Statistics prior to making recommendations under
subparagraph (A)(i) with respect to improving the
information being collected and reported by the Federal
Government on institutions of higher education.
(g) Availability of Funds.--The amount necessary to conduct the
study under this Act shall be made available from amounts available to
the Secretary for administrative expenses of the Department of
Education.
(h) Definitions.--For purposes of this Act:
(1) Authorizing committees.--The term ``authorizing
committees'' has the meaning given the term in section 103 of
the Higher Education Act of 1965 (20 U.S.C. 1003).
(2) First generation college student.--The term ``first
generation college student'' has the meaning given the term in
section 402A(h) of the Higher Education Act of 1965 (20 U.S.C.
1070a-11(h)).
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002), except that such term does not include
institutions described in subsection (a)(1)(C) of such section
102.
(4) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 9101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(6) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(7) Student.--The term ``student'' includes--
(A) a prospective student;
(B) a student enrolled in an institution of higher
education;
(C) a nontraditional student (as defined in section
803(j)(2) of the Higher Education Act of 1965 (20
U.S.C. 1161c(j)(2))); and
(D) a veteran (as defined in section 480(c)(1) of
such Act (20 U.S.C. 1087vv(c)(1))) who is a student or
prospective student.
Passed the House of Representatives May 22, 2013.
Attest:
KAREN L. HAAS,
Clerk. | Improving Postsecondary Education Data for Students Act - Directs the Secretary of Education to convene an Advisory Committee on Improving Postsecondary Education Data that: (1) is comprised of 15 members who represent economically, racially, and geographically diverse populations; and (2) includes higher education stakeholders, state officials, business representatives, college and career counselors at secondary schools, and experts in higher education policy, consumer choice, privacy, labor markets, and data policy, collection, and use. Requires the Committee to study: the types of information the federal government should collect and report on institutions of higher education (IHEs) to assist students and families in their search for an IHE, including information related to postsecondary education costs, financial assistance, student outcomes, and postgraduation earnings; how that information should be collected and reported, including how to disaggregate student outcome information by student subgroups; and ways in which the federal government could make that information more readily available to students and their families in an easily accessible and understandable format, and to states, local governments, secondary schools, IHEs, and private-sector entities. Requires the Committee, in conducting the study, to: (1) review relevant research concerning the types of information students and parents seek in searching for an IHE; (2) consider the utility of the information currently reported and whether additional information would be beneficial or confusing; and (3) consult with parents, students, and a broad range of parties interested in higher education. Directs the Committee to submit an interim and final report on the study to Congress and the Secretary. Requires the Committee, after consulting with the Commissioner of Education Statistics, to include in its final report recommendations for legislative, regulatory, and administrative actions to improve the information the federal government collects and reports on IHEs. | {"src": "billsum_train", "title": "Improving Postsecondary Education Data for Students Act"} | 2,087 | 384 | 0.742202 | 2.425431 | 0.940686 | 3.441261 | 5.667622 | 0.931232 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medical Checklist Act of 2010''.
SEC. 2. RESEARCH INTO MEDICAL CHECKLIST DEVELOPMENT AND EFFICACY.
(a) Study.--The Director of the Agency for Healthcare Research and
Quality, acting through the Center for Quality Improvement and Patient
Safety, shall conduct research and a study, in accordance with the
requirements of this section, regarding the development and efficacy of
medical checklists.
(b) Contents.--In carrying out subsection (a), the Director shall
conduct research and a study regarding the following:
(1) Testing of different models of medical checklists to
measure the effect of checklist format, length, and design for
different clinical tasks on--
(A) adoption of checklists by health care
professionals;
(B) time spent by health care professionals on the
clinical task of interest; and
(C) reliable completion of medical procedures.
(2) Examination of checklist development and use in other
industries, such as commercial aviation and nuclear power, and
the feasibility of applying and adapting methodology developed
in those industries to the health care industry in a way that
would result in health care quality improvement.
(3) Identification of organizational characteristics needed
to effectively implement the use of medical checklists in
health care settings.
(4) Measurement of the effects of the use of medical
checklists on patient safety and health outcomes.
(5) Identification of medical procedures for which the
development and use of medical checklists would be beneficial.
(6) Investigation of the development, implementation, and
use of available medical checklists, including checklists for
safe surgery and central line insertion and maintenance, to
inform further medical checklist development.
(c) Scope.--The Director shall ensure that each aspect of the
research and study conducted under subsection (a) is examined across a
variety of health care provider characteristics, medical procedures,
patient populations, and other factors that could affect the use of
medical checklists.
(d) Dissemination.--The Director shall make available to the public
the results of the study conducted under subsection (a) and shall
disseminate such results to patient safety organizations listed
pursuant to section 924(d) of the Public Health Service Act (42 U.S.C.
299b-24(d)).
(e) 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 2011 through 2014.
SEC. 3. COORDINATING MEDICAL CHECKLISTS AND HEALTH INFORMATION
TECHNOLOGY SYSTEMS.
(a) In General.--The HIT Policy Committee in the Office of the
National Coordinator for Health Information Technology (as established
in section 3002 of the Public Health Service Act (42 U.S.C. 300jj-12)
shall develop policy recommendations regarding--
(1) the extent to which the use of medical checklists
should be incorporated into health information technology
systems; and
(2) measures to determine the effectiveness of such use.
(b) Areas of Consideration.--In making recommendations under
subsection (a), the HIT Policy Committee may consider the following
areas:
(1) The ease with which medical checklists in electronic
formats can be used by health care professionals.
(2) The effect of the availability of medical checklists in
electronic formats on the adoption and use of medical
checklists by health care professionals.
(3) The effect of the use of medical checklists in
electronic formats on the time spent by health care
professionals on medical procedures.
(4) The ability of the health information technology system
to collect data on patient safety and health outcomes that
could be analyzed to aid in the design and update of medical
checklists.
(5) The ease with which medical checklists in electronic
formats can be updated on an ongoing basis based on evidence
from medical research and local experience.
(6) The capability of health information technology systems
to collect data, where applicable, regarding the use of medical
checklists by health care providers, and any relation between
that use and patient safety and health outcomes.
SEC. 4. INSTITUTE OF MEDICINE STUDY ON FURTHER MEDICAL CHECKLIST
RESEARCH.
(a) In General.--The Secretary of Health and Human Services shall
enter into an agreement with the Institute of Medicine and the National
Academy of Engineering of the National Academies to conduct a study in
accordance with this section.
(b) Study.--The Secretary shall ensure that the study conducted
under this section--
(1) reviews available medical checklists and similar
quality improvement techniques, data on the adoption and use of
such techniques by health care professionals, and evidence of
the efficacy of such techniques in relation to patient safety
and health outcomes;
(2) identifies areas of research needed to improve medical
checklists in order to increase the adoption and efficacy of
medical checklists;
(3) analyzes organizational impediments to the adoption and
use of medical checklists;
(4) reviews the degree to which there is sufficient
evidence with which to develop new medical checklists and, if
such evidence is insufficient, identifies areas requiring
further study in order to develop such evidence; and
(5) determines whether the availability of an increased
number of medical checklists would improve patient safety and
health outcomes and, if so, identifies methods for using recent
medical research to develop new medical checklists.
(c) Methodology of Study.--
(1) Scope.--The Secretary shall ensure that the agreement
entered into under subsection (a) provides that the study
conducted under such subsection will consider the perspectives
of--
(A) various types of health care professionals in
various types of health care settings;
(B) individuals conducting academic research in
health care quality; and
(C) patients.
(2) Consultation with relevant organizations.--The
Secretary shall ensure that the agreement entered into under
subsection (a) provides that relevant agencies and
organizations with expertise on medical checklists will be
consulted during the study conducted under such subsection,
including the following:
(A) The Agency for Healthcare Research and Quality.
(B) The American Nurses Association.
(C) The Institute for Healthcare Improvement.
(D) The American Hospital Association.
(E) The American Medical Association.
(F) The World Health Organization.
(G) The National Committee for Quality Assurance.
(H) The Joint Commission.
(I) The American Academy of Physician Assistants.
(d) Report.--The Secretary shall ensure that the agreement entered
into under subsection (a) provides that not later than 18 months after
the date of the enactment of this Act, a report providing the findings
and recommendations made in the study conducted under such subsection
will be submitted to the Secretary, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate.
SEC. 5. DEFINITIONS.
In this Act, the following definitions apply:
(1) Health care professional.--The term ``health care
professional'' means an individual who provides health care
services, including a physician, physician assistant, nurse
practitioner, clinical nurse specialist (as those terms are
defined in section 1861 of the Social Security Act (42 U.S.C.
1395x)), and such other individuals as the Secretary of Health
and Human Services determines appropriate.
(2) Health care setting.--The term ``health care setting''
means a facility at which health care services are provided,
including a hospital providing inpatient hospital services (as
that term is defined in section 1861 of the Social Security Act
(42 U.S.C. 1395x)), an ambulatory surgical center (meeting the
standards specified under section 1832(a)(2)(F)(i) of the
Social Security Act (42 U.S.C. 1395k)), and such other
facilities as the Secretary of Health and Human Services
determines appropriate.
(3) Health care provider.--The term ``health care
provider'' means a health care professional or a health care
setting.
(4) Medical checklist.--The term ``medical checklist''
means a predetermined, evidence-based, well-defined set of
steps that should be completed during a designated medical
clinical encounter or medical procedure, as further defined by
the Director of the Agency for Healthcare Research and Quality
in consultation with the Institute of Medicine and the National
Academy of Engineering of the National Academies. | Medical Checklist Act of 2010 - Requires the Director of the Agency for Healthcare Research and Quality, acting through the Center for Quality Improvement and Patient Safety, to conduct research and a study regarding the development and efficacy of medical checklists, including regarding: (1) the testing of different models of medical checklists; (2) an examination of checklist development and use in other industries; and (3) a measurement of the effects of the use of medical checklists on patient safety and health outcomes. Requires dissemination of the results of such study to patient safety organizations. Defines "medical checklist" as a predetermined, evidence-based, well-defined set of steps that should be completed during a designated medical clinical encounter or medical procedure.
Requires the HIT Policy Committee to develop policy recommendations regarding: (1) the extent to which the use of medical checklists should be incorporated into health information technology systems; and (2) measures to determine the effectiveness of such use.
Requires the Secretary to enter into an agreement with the Institute of Medicine and the National Academy of Engineering of the National Academies to conduct a study on medical checklists that includes: (1) a review of available medical checklists and similar quality improvement techniques; (2) an identification of areas of research needed to improve medical checklists; (3) an analysis of organizational impediments to the adoption and use of medical checklists; and (4) a determination of whether the availability of an increased number of medical checklists would improve patient safety and health outcomes. | {"src": "billsum_train", "title": "To encourage the use of medical checklists through research, and for other purposes."} | 1,789 | 317 | 0.705288 | 2.314488 | 0.874283 | 6.324232 | 5.757679 | 0.959044 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Domain Name Piracy
Prevention Act of 1999''.
(b) References to the Trademark Act of 1946.--Any reference in this
Act to the Trademark Act of 1946 shall be a reference to the Act
entitled ``An Act to provide for the registration and protection of
trade-marks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
SEC. 2. FINDINGS.
Congress finds the following:
(1) The registration, trafficking in, or use of a domain
name that is identical to, confusingly similar to, or dilutive
of a trademark or service mark of another that is distinctive
at the time of registration of the domain name, without regard
to the goods or services of the parties, with the bad-faith
intent to profit from the goodwill of another's mark (commonly
referred to as ``cyberpiracy'' and ``cybersquatting'')--
(A) results in consumer fraud and public confusion
as to the true source or sponsorship of goods and
services;
(B) impairs electronic commerce, which is important
to interstate commerce and the United States economy;
(C) deprives legitimate trademark owners of
substantial revenues and consumer goodwill; and
(D) places unreasonable, intolerable, and
overwhelming burdens on trademark owners in protecting
their valuable trademarks.
(2) Amendments to the Trademark Act of 1946 would clarify
the rights of a trademark owner to provide for adequate
remedies and to deter cyberpiracy and cybersquatting.
SEC. 3. CYBERPIRACY PREVENTION.
(a) In General.--Section 43 of the Trademark Act of 1946 (15 U.S.C.
1125) is amended by inserting at the end the following:
``(d)(1)(A) Any person who, with bad-faith intent to profit from
the goodwill of a trademark or service mark of another, registers,
traffics in, or uses a domain name that is identical to, confusingly
similar to, or dilutive of such trademark or service mark, without
regard to the goods or services of the parties, shall be liable in a
civil action by the owner of the mark, if the mark is distinctive at
the time of the registration of the domain name.
``(B) In determining whether there is a bad-faith intent described
under subparagraph (A), a court may consider factors such as, but not
limited to--
``(i) the trademark or other intellectual property rights
of the person, if any, in the domain name;
``(ii) the extent to which the domain name consists of the
legal name of the person or a name that is otherwise commonly
used to identify that person;
``(iii) the person's prior use, if any, of the domain name
in connection with the bona fide offering of any goods or
services;
``(iv) the person's legitimate noncommercial or fair use of
the mark in a site accessible under the domain name;
``(v) the person's intent to divert consumers from the mark
owner's online location to a site accessible under the domain
name that could harm the goodwill represented by the mark,
either for commercial gain or with the intent to tarnish or
disparage the mark, by creating a likelihood of confusion as to
the source, sponsorship, affiliation, or endorsement of the
site;
``(vi) the person's offer to transfer, sell, or otherwise
assign the domain name to the mark owner or any third party for
substantial consideration without having used, or having an
intent to use, the domain name in the bona fide offering of any
goods or services;
``(vii) the person's intentional provision of material and
misleading false contact information when applying for the
registration of the domain name; and
``(viii) the person's registration or acquisition of
multiple domain names which are identical to, confusingly
similar to, or dilutive of trademarks or service marks of
others that are distinctive at the time of registration of such
domain names, without regard to the goods or services of such
persons.
``(C) In any civil action involving the registration, trafficking,
or use of a domain name under this paragraph, a court may order the
forfeiture or cancellation of the domain name or the transfer of the
domain name to the owner of the mark.
``(2)(A) The owner of a mark may file an in rem civil action
against a domain name if--
``(i) the domain name violates any right of the registrant
of a mark registered in the Patent and Trademark Office, or
section 43 (a) or (c); and
``(ii) the court finds that the owner has demonstrated due
diligence and was not able to find a person who would have been
a defendant in a civil action under paragraph (1).
``(B) The remedies of an in rem action under this paragraph shall
be limited to a court order for the forfeiture or cancellation of the
domain name or the transfer of the domain name to the owner of the
mark.''.
(b) Additional Civil Action and Remedy.--The civil action
established under section 43(d)(1) of the Trademark Act of 1946 (as
added by this section) and any remedy available under such action shall
be in addition to any other civil action or remedy otherwise
applicable.
SEC. 4. DAMAGES AND REMEDIES.
(a) Remedies in Cases of Domain Name Piracy.--
(1) Injunctions.--Section 34(a) of the Trademark Act of
1946 (15 U.S.C. 1116(a)) is amended in the first sentence by
striking ``section 43(a)'' and inserting ``section 43 (a), (c),
or (d)''.
(2) Damages.--Section 35(a) of the Trademark Act of 1946
(15 U.S.C. 1117(a)) is amended in the first sentence by
inserting ``, (c), or (d)'' after ``section 43 (a)''.
(b) Statutory Damages.--Section 35 of the Trademark Act of 1946 (15
U.S.C. 1117) is amended by adding at the end the following:
``(d) In a case involving a violation of section 43(d)(1), the
plaintiff may elect, at any time before final judgment is rendered by
the trial court, to recover, instead of actual damages and profits, an
award of statutory damages in the amount of not less than $1,000 and
not more than $100,000 per domain name, as the court considers just.
The court shall remit statutory damages in any case in which an
infringer believed and had reasonable grounds to believe that use of
the domain name by the infringer was a fair or otherwise lawful use.''.
SEC. 5. LIMITATION ON LIABILITY.
Section 32(2) of the Trademark Act of 1946 (15 U.S.C. 1114) is
amended--
(1) in the matter preceding subparagraph (A) by striking
``under section 43(a)'' and inserting ``under section 43 (a) or
(d)''; and
(2) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D)(i) A domain name registrar, a domain name
registry, or other domain name registration authority
that takes any action described under clause (ii)
affecting a domain name shall not be liable for
monetary relief to any person for such action,
regardless of whether the domain name is finally
determined to infringe or dilute the mark.
``(ii) An action referred to under clause (i) is
any action of refusing to register, removing from
registration, transferring, temporarily disabling, or
permanently canceling a domain name--
``(I) in compliance with a court order
under section 43(d); or
``(II) in the implementation of a
reasonable policy by such registrar, registry,
or authority prohibiting the registration of a
domain name that is identical to, confusingly
similar to, or dilutive of another's mark
registered on the Principal Register of the
United States Patent and Trademark Office.
``(iii) A domain name registrar, a domain name
registry, or other domain name registration authority
shall not be liable for damages under this section for
the registration or maintenance of a domain name for
another absent a showing of bad faith intent to profit
from such registration or maintenance of the domain
name.
``(iv) If a registrar, registry, or other
registration authority takes an action described under
clause (ii) based on a knowing and material
misrepresentation by any person that a domain name is
identical to, confusingly similar to, or dilutive of a
mark registered on the Principal Register of the United
States Patent and Trademark Office, such person shall
be liable for any damages, including costs and
attorney's fees, incurred by the domain name registrant
as a result of such action. The court may also grant
injunctive relief to the domain name registrant,
including the reactivation of the domain name or the
transfer of the domain name to the domain name
registrant.''.
SEC. 6. DEFINITIONS.
Section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) is amended
by inserting after the undesignated paragraph defining the term
``counterfeit'' the following:
``The term `Internet' has the meaning given that term in
section 230(f)(1) of the Communications Act of 1934 (47 U.S.C.
230(f)(1)).
``The term `domain name' means any alphanumeric designation
which is registered with or assigned by any domain name
registrar, domain name registry, or other domain name
registration authority as part of an electronic address on the
Internet.''.
SEC. 7. SAVINGS CLAUSE.
Nothing in this Act shall affect any defense available to a
defendant under the Trademark Act of 1946 (including any defense under
section 43(c)(4) of such Act or relating to fair use) or a person's
right of free speech or expression under the first amendment of the
United States Constitution.
SEC. 8. 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
circumstances 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.
SEC. 9. EFFECTIVE DATE.
This Act shall apply to all domain names registered before, on, or
after the date of enactment of this Act, except that statutory damages
under section 35(d) of the Trademark Act of 1946 (15 U.S.C. 1117), as
added by section 4 of this Act, shall not be available with respect to
the registration, trafficking, or use of a domain name that occurs
before the date of enactment of this Act. | (Sec. 3) Authorizes a court to order the forfeiture or cancellation of the domain name or its transfer to the mark owner.
Prescribes conditions for an in rem civil action, in addition to any other action, against a domain name by a mark owner. Limits remedies in an in rem action to a court order for the forfeiture or cancellation of the domain name or its transfer to the mark owner.
(Sec. 4) Provides for statutory damages in an amount of at least $1,000 and up to $100,000 per domain name, as the court considers just. Requires the court to remit statutory damages if an infringer believed with reasonable grounds that use of the domain name was fair or otherwise lawful.
(Sec. 5) Shields from liability for monetary relief, regardless of whether the domain name is finally determined to infringe or dilute the mark in question, any domain name registrar, registry, or other registration authority that refuses to register, removes from registration, transfers, temporarily disables, or permanently cancels a domain name: (1) in compliance with a court order; or (2) in the implementation of a reasonable policy prohibiting the registration of a domain name identical to, confusingly similar to, or dilutive of another's mark registered on the Principal Registry of the U.S. Patent and Trademark Office. Provides that if a registration authority takes such action based on a knowing and material misrepresentation by any person that a domain name is identical to, confusingly similar to, or dilutive of a another's registered mark, such person shall be liable for damages incurred by the domain name registrant and the court may grant injunctive relief to such registrant.
Shields a registrar, registry, or other registration authority from liability for damages for the registration or maintenance of a domain name for another, unless there is a showing of bad faith intent to profit from such registration or maintenance of the domain name. | {"src": "billsum_train", "title": "Domain Name Piracy Prevention Act of 1999"} | 2,542 | 451 | 0.583117 | 2.115807 | 0.634255 | 4.55163 | 6.203804 | 0.942935 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Accountability, Bargaining,
and Compassion for Part D (ABC for D) Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) employees and volunteers of the Social Security
Administration (SSA), Area Agencies on Aging (AAA), and the
State Health Insurance Assistance Program (SHIP), who have gone
above and beyond expectations, should be commended for making
great strides in outreach and education for the Medicare part D
prescription drug program;
(2) the Centers for Medicare & Medicaid Services (CMS)
should be encouraged to empower their outreach partners to
share time and space in order to create (within existing office
spaces) ``one-stop locations'' at which seniors can receive
counseling on the low-income subsidy application, as well as
plan selection, under such program;
(3) decision-making at the local level relating to outreach
and education for such program should be encouraged; and
(4) if empowered by Centers for Medicare & Medicaid
Services, personnel from the Social Security Administration,
Area Agencies on Aging, and the State Health Insurance
Assistance Program will be able to coordinate better their
efforts and therefore better serve seniors under such program.
SEC. 3. REQUIRING REGISTRATION OF PDP SPONSORS OFFERING PRESCRIPTION
DRUG PLANS WITH STATE INSURANCE DEPARTMENT IN EACH STATE
IN WHICH A PLAN IS OFFERED.
(a) In General.--Section 1860D-12(a) of the Social Security Act (42
U.S.C. 1395w-112(a)) is amended by adding at the end the following new
paragraph:
``(4) Registration in each state in which prescription drug
plan is offered.--The sponsor is registered with the State
insurance department in each State in which it offers a
prescription drug plan under this part. Such registration shall
consist of submitting to such department the following:
``(A) A certified copy of the sponsor's charter or
deed of settlement.
``(B) A statement including the name of the
sponsor, the place where it is located; and the amount
of its capital.
``(C) A copy of its last annual report, if such a
report was written.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to prescription drug plans offered on or after January 1, 2007.
SEC. 4. IMPROVEMENTS IN MEDICARE PRESCRIPTION DRUG ENROLLMENT PROCESS.
(a) Extended Period of Open Enrollment During All of 2006 for
Prescription Drug Plans and MA Plans Without Late Enrollment Penalty.--
Section 1851(e)(3)(B) of the Social Security Act (42 U.S.C. 1395w-
21(e)(3)(B)) is amended--
(1) in clause (iii), by striking ``May 15, 2006'' and
inserting ``December 31, 2006''; and
(2) by adding at the end the following new sentence: ``An
individual making an election during the period beginning on
November 15, 2006, and ending on December 31, 2006, shall
specify whether the election is to be effective with respect to
2006 or with respect to 2007 (or both).''.
(b) Providing Period of Time Before Effectiveness of Elections and
Changes of Elections for Prescription Drug Plans and MA Plans.--
(1) For initial enrollment period.--Section 1851(f)(1) of
such Act (42 U.S.C. 1395w-21(f)(1)) is amended--
(A) by striking ``except'' and all that follows
through ``retroactive coverage.'' and inserting
``except as follows:''; and
(B) by adding at the end the following new
subparagraphs:
``(A) Except as the Secretary may provide
(consistent with section 1838 and subparagraph (B)) in
order to prevent retroactive coverage.
``(B) Except such an election of coverage shall
take effect not earlier than the date that is 14 days
after the date on which such election is made.''.
(2) For continuous enrollment periods.--Section 1851(f)(2)
of such Act (42 U.S.C. 1395w-21(f)(2)) is amended by striking
``following the date'' and inserting ``that begins at least 14
days after the date''.
(3) Change in annual, coordinated election period to allow
for delay in effectiveness.--Section 1851(e)(3)(B)(iv) of such
Act (42 U.S.C. 1395w-21(e)(3)(B)(iv)) is amended by striking
``December 31'' and inserting ``December 15''.
(4) For special enrollment periods.--Section 1851(f)(4) of
such Act (42 U.S.C. 1395w-21(f)(4)) is amended by inserting
before the period at the end the following: ``and providing
adequate notice to providers affected by such an election or
change in election''.
(5) Effective dates.--
(A) Initial and continuous enrollment periods.--The
amendments made by paragraphs (1) and (2) shall not
apply--
(i) to elections of coverage made before
the date of the enactment of this Act; and
(ii) to elections of coverage made during
the month in which this Act is enacted if such
date of enactment is within the last 14 days of
such month.
(B) Annual, coordinated enrollment periods.--The
amendment made by paragraph (3) shall apply to annual,
coordinated election periods beginning on or after
November 15, 2006.
(C) Special enrollment periods.--The amendment made
by paragraph (4) shall apply with respect to such
special enrollment periods (beginning after the date of
the enactment of this Act) as the Secretary of Health
and Human Services shall specify.
SEC. 5. AUTHORIZING FEDERAL NEGOTIATION OF FAIR PRICES FOR MEDICARE
PRESCRIPTION DRUGS ON BEHALF OF MEDICARE BENEFICIARIES.
Section 1860D-11 of the Social Security Act (42 U.S.C. 1395-111) is
amended by striking subsection (i) (relating to noninterference) and by
inserting the following:
``(i) Authority to Negotiate Prices With Manufacturers.--In order
to ensure that beneficiaries enrolled under prescription drug plans and
MA-PD plans pay the lowest possible price, the Secretary shall have
authority similar to that of the Secretary of Veterans Affairs,
Secretary of Defense, and the heads of other Federal agencies and
departments that purchase prescription drugs in bulk to negotiate
contracts with manufacturers of covered part D drugs, consistent with
the requirements and in furtherance of the goals of providing quality
care and containing costs under this part.''.
SEC. 6. INCREASED FUNDING FOR STATE HEALTH INSURANCE COUNSELING
PROGRAMS AND SOCIAL SECURITY REGIONAL OFFICES FOR
MEDICARE PART D ENROLLMENT.
(a) SHIP Counseling.--In addition to any amounts otherwise
appropriated, there are appropriated out of any funds in the Treasury
not otherwise appropriated $100,000,000 for fiscal year 2006 to the
Secretary of Health and Human Services for grants to States under
section 4360 of the Omnibus Reconciliation Act of 1990 for the purpose
of providing outreach and information counseling and assistance with
respect to enrollment of part D eligible individuals (as defined in
section 1860D-1(a)(3) of the Social Security Act) under prescription
drug plans and MA-PD plans under title XVIII of the Social Security
Act. Funds appropriated under the preceding sentence shall remain
available until expended.
(b) SSA Regional Office Outreach.--In addition to any amounts
otherwise appropriated, there are appropriated out of any funds in the
Treasury not otherwise appropriated $100,000,000 for fiscal year 2006
to the Administrator of Social Security for the purposes of continuing
outreach and education efforts for the purpose of providing outreach
and education by regional offices of the Social Security Administration
with respect to enrollment of part D eligible individuals under
prescription drug plans and MA-PD plans under title XVIII of the Social
Security Act. Funds appropriated under the preceding sentence shall
remain available until expended.
(c) Offset.--Notwithstanding any other provision of law, the amount
of funds available for obligation under section 1858(e)(2)(A)(i) of the
Social Security Act (42 U.S.C. 1395w-27a(e)(2)(A)(i)) are hereby
reduced by the amount of funds appropriated under subsections (a) and
(b). | Medicare Accountability, Bargaining, and Compassion for Part D (ABC for D) Act - Expresses the sense of Congress with respect to outreach and education for the prescription drug program under Medicare part D (Voluntary Prescription Drug Benefit Program).
Amends title XVIII (Medicare) of the Social Security Act to: (1) require registration with state insurance departments of prescription drug plan sponsors in each state in which they offer a prescription drug plan; and (2) revise requirements for the Medicare prescription drug enrollment process.
Authorizes the Secretary of Health and Human Services to negotiate contracts with manufacturers of covered part D drugs in order to ensure that beneficiaries pay the lowest possible price.
Provides for increased funding for state health insurance counseling programs and Social Security regional offices for part D enrollment. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to improve implementation of the Medicare prescription drug benefit."} | 1,944 | 166 | 0.553825 | 1.485382 | 0.816216 | 4.245033 | 10.788079 | 0.933775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low Carbon Fuel Standard Act of
2009''.
SEC. 2. LOW CARBON FUEL STANDARD.
At the end of title II of the Clean Air Act (42 U.S.C. 7521 et
seq.) is amended by adding at the end the following:
``SEC. 841. LOW CARBON FUEL STANDARD.
``(a) Definitions.--For purposes of this section:
``(1) Fuel emission baseline.--The term `fuel emission
baseline' means the average lifecycle greenhouse gas emissions
per unit of energy, as determined by the Administrator, of all
transportation fuels sold or introduced into commerce in any of
the 50 States or the District of Columbia in calendar year
2005.
``(2) Transportation fuel.--The term `transportation fuel'
means fuel for use in motor vehicles, motor vehicle engines,
nonroad vehicles, nonroad engines, and aircraft. The
Administrator may, at his discretion, include fuel for use in
ocean-going vessels and adjust the fuel emission baseline as
appropriate to reflect the inclusion of such fuel.
``(3) Transportation fuel provider.--The term
`transportation fuel provider' includes any individual or
entity that produces, refines, blends, or imports any
transportation fuel.
``(b) Regulations.--
``(1) Standard.--Not later than 3 years after enactment of
this section, the Administrator shall promulgate regulations
under section 211(c) and this section that--
``(A) determine the lifecycle greenhouse gas
emissions of all transportation fuels;
``(B) determine the fuel emission baseline;
``(C) apply to refineries, blenders, and importers,
as appropriate, and to such other transportation fuel
providers as determined by the Administrator;
``(D) ensure that, for each year from 2014 through
2022, the annual average lifecycle greenhouse gas
emissions, per unit of energy as determined by the
Administrator, of transportation fuel, excluding
renewable fuel used to meet the obligations of section
211(o), sold or introduced into commerce by such
transportation fuel providers in any of the 50 States
or the District of Columbia, does not exceed the fuel
emission baseline; and
``(E) ensure that, for 2023 and each year
thereafter, such transportation fuel providers reduce
the annual average lifecycle greenhouse gas emissions,
per unit of energy as determined by the Administrator,
for transportation fuel that is sold or introduced into
commerce in any of the 50 States or the District of
Columbia, to the maximum extent practicable, taking
into consideration cost, energy, and other
environmental factors, and that--
``(i) for calendar year 2023 and later, the
annual average lifecycle greenhouse gas
emissions is at least 5 percent below the fuel
emission baseline; and
``(ii) for calendar year 2030 and later,
the annual average lifecycle greenhouse gas
emissions is at least 10 percent below the fuel
emission baseline.
``(2) Review.--The Administrator shall from time to time,
but no less than every 5 years beginning in 2020, review and
revise as appropriate the annual average lifecycle greenhouse
gas emission requirements of the regulations issued under this
subsection.
``(3) Provisions.--The regulations issued under this
subsection--
``(A) shall contain compliance provisions
applicable to transportation fuel providers and other
persons, as appropriate, to ensure that the
requirements of this subsection are met;
``(B) shall not impose any per-gallon obligation
regarding the amount of lifecycle greenhouse gas
emissions per unit of energy as determined by the
Administrator; and
``(C) shall set the lifecycle greenhouse gas
emissions of biofuels derived from biomass other than
renewable biomass at a level no higher than the fuel
emission baseline.
``(4) Election to participate.--
``(A) Participation.--For any transportation fuel
provider which the Administrator has not yet determined
to be subject to the regulations under this subsection,
and for any provider of a non-transportation fuel, the
Administrator, at his discretion, may allow the fuel
provider to elect to participate in the program under
this subsection, subject to requirements established by
the regulation.
``(B) Regulatory provisions.--Regulations
implementing this paragraph shall include--
``(i) provisions for tracking of the fuel
used for transportation purposes separately
from fuel used for other purposes; and
``(ii) any other provisions determined
appropriate by the Administrator to carry out
this paragraph.
``(c) Credits.--
``(1) In general.--The regulations under subsection (b)
shall permit transportation fuel providers to generate credits
for achieving, during a calendar year, greater reductions for
the fuel produced or imported by the fuel provider than are
required by such regulations. The Administrator shall determine
the appropriate amount of credits and appropriate conditions,
if any, on the duration, trading, and use of credits. The
Administrator shall, with appropriate conditions, allow the use
of credits or renewable identification numbers generated under
section 211(o).
``(2) Electricity.--The Administrator may, at his
discretion, issue regulations providing for--
``(A) the generation of credits for electricity
used as a transportation fuel and generated by a source
other than the vehicle; and
``(B) the assignment of those credits to the
manufacturers or importers of such vehicles or to other
persons as deemed appropriate by the Administrator.
``(3) Compliance.--Each transportation fuel provider
subject to the regulations promulgated under this section shall
demonstrate compliance, including, as necessary, through the
use of credits generated, banked or purchased.
``(4) Inability to generate or purchase sufficient
credits.--A transportation fuel provider that is unable to
generate or purchase sufficient credits to meet the
requirements of the regulations under subsection (b) may carry
the compliance deficit forward, subject to the condition that
the fuel provider, for the calendar year following the year for
which the deficit is created--
``(A) achieves compliance; and
``(B) generates or purchases additional credits to
offset the deficit from the preceding calendar year.
``(d) Waivers.--The Administrator, in consultation with the
Secretary of Agriculture and the Secretary of Energy, may waive the
requirements of the regulations under subsection (b) in whole or in
part on petition by one or more States, by any person subject to the
requirements of this section, or by the Administrator on his own motion
by revising the average lifecycle greenhouse gas emissions reduction
required through regulations under subsection (b) based on a
determination by the Administrator, after public notice and opportunity
for comment, that--
``(1) implementation of the requirement would severely harm
the economy or environment of a State, a region, or the United
States; or
``(2) there is an inadequate domestic supply of fuels to
meet the requirements of this section.
``(e) Environmental and Resource Conservation Impacts.--Not later
than 2 years after the promulgation of regulations under subsection
(b), the Administrator shall complete a study to determine the
environmental and resource conservation impacts of the requirements of
such regulations, including impacts on air and water quality.
``(f) Energy Security and Leakage.--Not later than 18 months after
the promulgation of regulations under subsection (b), the Administrator
shall complete a study to determine the effect of the requirements of
such regulations on energy security. The study shall also assess the
potential shifting of fuel feedstocks and fuel products internationally
as a result of such requirements and shall determine the environmental
and energy security implications of such leakage.
``(g) Transition.--Section 211(o) shall not apply to fuel sold or
introduced into commerce after December 31, 2022. Notwithstanding the
preceding sentence, the definitions in section 211(o) shall continue to
apply except as otherwise noted.''. | Low Carbon Fuel Standard Act of 2009 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to issue regulations that: (1) determine the lifecycle greenhouse gas emissions of all transportation fuels; (2) determine the fuel emission baseline (i.e., average lifecycle greenhouse gas emissions per unit of energy of all transportation fuels sold in the United States in 2005); (3) apply to refineries, blenders, and importers of transportation fuel; (4) ensure that, for 2014-2022, annual average lifecycle greenhouse gas emissions do not exceed the fuel emission baseline; and (5) ensure that, for 2023 and thereafter, transportation fuel providers make specified reductions in the annual average lifecycle greenhouse gas emissions for transportation fuel sold in the United States.
Grants the Administrator authority to waive emission reduction requirements of this Act to prevent economic or environmental harm. Requires the Administrator to study the environmental and resource conservation impacts of the regulations required by this Act and their effect on energy security. | {"src": "billsum_train", "title": "To amend the Clean Air Act regarding transportation fuels and establishment of a low carbon fuel standard."} | 1,689 | 209 | 0.725507 | 2.039049 | 0.877612 | 3.319797 | 8.279188 | 0.923858 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Suicide Hotline Improvement
Act of 2017''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Commission'' means the Federal
Communications Commission;
(2) the term ``covered dialing code'' means a simple, easy-
to-remember, 3-digit dialing code; and
(3) the term ``N11 dialing code'' means an abbreviated
dialing code consisting of 3 digits, of which--
(A) the first digit may be any digit other than
``1'' or ``0''; and
(B) each of the last 2 digits is ``1''.
SEC. 3. STUDIES AND REPORTS.
(a) Primary Study.--
(1) In general.--The Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall conduct a study that--
(A) examines the feasibility of designating an N11
dialing code or other covered dialing code to be used
for a national suicide prevention and mental health
crisis hotline system; and
(B) analyzes the effectiveness of the National
Suicide Prevention Lifeline as of the date on which the
study is initiated, including how well the lifeline is
working to address the needs of veterans.
(2) Requirements.--
(A) Commission.--In conducting the study under
paragraph (1), the Commission shall--
(i) consider--
(I) each of the N11 dialing codes,
including the codes that are used for
other purposes; and
(II) other covered dialing codes;
(ii) consult with the North American
Numbering Council; and
(iii) review the information provided by
the Assistant Secretary for Mental Health and
Substance Use and the Secretary of Veterans
Affairs under subparagraphs (B) and (C),
respectively, of this paragraph.
(B) SAMHSA study and report to assist commission.--
To assist the Commission in conducting the study under
paragraph (1), the Assistant Secretary for Mental
Health and Substance Use shall analyze and, not later
than 180 days after the date of enactment of this Act,
report to the Commission on--
(i) the potential impact of the designation
of an N11 dialing code, or other covered
dialing code, for a suicide prevention and
mental health crisis hotline system on--
(I) suicide prevention;
(II) crisis services; and
(III) other suicide prevention and
mental health crisis hotlines,
including--
(aa) the National Suicide
Prevention Lifeline; and
(bb) the Veterans Crisis
Line; and
(ii) possible recommendations for improving
the National Suicide Prevention Lifeline
generally, which may include--
(I) increased public education and
awareness; and
(II) improved infrastructure and
operations.
(C) VA study and report to assist commission.--To
assist the Commission in conducting the study under
paragraph (1), the Secretary of Veterans Affairs shall
study and, not later than 180 days after the date of
enactment of this Act, report to the Commission on how
well the National Suicide Prevention Lifeline and the
Veterans Crisis Line, as in effect on the date on which
the study is initiated, is working to address the needs
of veterans.
(b) Primary Commission Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission, in coordination with the
Assistant Secretary for Mental Health and Substance Use and the
Secretary of Veterans Affairs, shall submit a report on the
study conducted under subsection (a) that recommends whether a
particular N11 dialing code or other covered dialing code
should be used for a national suicide prevention and mental
health crisis hotline system to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) Additional contents.--If the report submitted by the
Commission under paragraph (1) recommends that a dialing code
should be used, the report shall also--
(A) outline the logistics of designating such a
dialing code;
(B) estimate the costs associated with designating
such a dialing code, including--
(i) the costs incurred by service
providers, including--
(I) translation changes in the
network; and
(II) cell site analysis and
reprogramming by wireless carriers; and
(ii) the costs incurred by States and
localities;
(C) provide recommendations for designating such a
dialing code;
(D) provide a cost-benefit analysis comparing the
recommended dialing code with the National Suicide
Prevention Lifeline, as in effect on the date on which
the report is submitted; and
(E) make other recommendations, as appropriate, for
improving the National Suicide Prevention Lifeline
generally, which may include--
(i) increased public education and
awareness; and
(ii) improved infrastructure and
operations.
Passed the Senate November 7, 2017.
Attest:
JULIE E. ADAMS,
Secretary. | National Suicide Hotline Improvement Act of 2017 (Sec. 3) This bill requires the Federal Communications Commission (FCC) to coordinate with the Substance Abuse and Mental Health Services Administration (SAMHSA) and the Department of Veterans Affairs (VA) to examine: (1) the feasibility of designating a three-digit dialing code for a national suicide prevention and mental health crisis hotline system; and (2) the effectiveness of the National Suicide Prevention Lifeline (1-800-273-TALK), including how well it addresses the needs of veterans. SAMHSA must report to the FCC: (1) the potential impact of a designated dialing code on suicide prevention, crisis services, and other suicide prevention and mental health crisis hotlines; and (2) recommendations for improving the National Suicide Prevention Lifeline. The VA must report to the FCC about how well the National Suicide Prevention Lifeline and the Veterans Crisis Line are working to address the needs of veterans. The FCC must report to Congress whether it recommends a dialing code, a cost-benefit analysis comparing the three-digit code to the current lifeline number, and cost estimates for service providers, states, and localities. | {"src": "billsum_train", "title": "National Suicide Hotline Improvement Act of 2017"} | 1,130 | 304 | 0.662209 | 1.914378 | 0.779489 | 2.87037 | 4.967593 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Reclamation Partnerships
Act''.
SEC. 2. REFERENCE.
Except as otherwise specifically provided, whenever in this Act an
amendment is expressed in terms of an amendment to a provision, the
reference shall be considered to be made to a provision of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
SEC. 3. STATE MEMORANDA OF UNDERSTANDING FOR CERTAIN REMEDIATION.
(a) Memoranda Authorized.--Section 405 (30 U.S.C. 1235) is amended
by inserting after subsection (l) the following:
``(m) State Memoranda of Understanding for Remediation of Mine
Drainage.--
``(1) In general.--A State with a State program approved
under subsection (d) may enter into a memorandum of
understanding with relevant Federal or State agencies (or both)
to remediate mine drainage on abandoned mine land and water
impacted by abandoned mines within the State. The memorandum
may be updated as necessary and resubmitted for approval under
this subsection.
``(2) Memoranda requirements.--Such memorandum shall
establish a strategy satisfactory to the State and Federal
agencies that are parties to the memorandum, to address water
pollution resulting from mine drainage at sites eligible for
reclamation and mine drainage abatement expenditures under
section 404, including specific procedures for--
``(A) ensuring that activities carried out to
address mine drainage will result in improved water
quality;
``(B) monitoring, sampling, and the reporting of
collected information as necessary to achieve the
condition required under subparagraph (A);
``(C) operation and maintenance of treatment
systems as necessary to achieve the condition required
under subparagraph (A); and
``(D) other purposes, as considered necessary by
the State or Federal agencies, to achieve the condition
required under subparagraph (A).
``(3) Public review and comment.--
``(A) In general.--Before submitting a memorandum
to the Secretary and the Administrator for approval, a
State shall--
``(i) invite interested members of the
public to comment on the memorandum; and
``(ii) hold at least one public meeting
concerning the memorandum in a location or
locations reasonably accessible to persons who
may be affected by implementation of the
memorandum.
``(B) Notice of meeting.--The State shall publish
notice of each meeting not less than 15 days before the
date of the meeting, in local newspapers of general
circulation, on the Internet, and by any other means
considered necessary or desirable by the Secretary and
the Administrator.
``(4) Submission and approval.--The State shall submit the
memorandum to the Secretary and the Administrator of the
Environmental Protection Agency for approval. The Secretary and
the Administrator shall approve or disapprove the memorandum
within 120 days after the date of its submission if the
Secretary and Administrator find that the memorandum will
facilitate additional activities under the State Reclamation
Plan under subsection (e) that improve water quality.
``(5) Treatment as part of state plan.--A memorandum of a
State that is approved by the Secretary and the Administrator
under this subsection shall be considered part of the approved
abandoned mine reclamation plan of the State.
``(n) Community Reclaimer Partnerships.--
``(1) Project approval.--Within 120 days after receiving
such a submission, the Secretary shall approve a Community
Reclaimer project to remediate abandoned mine lands if the
Secretary finds that--
``(A) the proposed project will be conducted by a
Community Reclaimer as defined in this subsection or
approved subcontractors of the Community Reclaimer;
``(B) for any proposed project that remediates mine
drainage, the proposed project is consistent with an
approved State memorandum of understanding under
subsection (m);
``(C) the proposed project will be conducted on a
site or sites inventoried under section 403(c);
``(D) the proposed project meets all submission
criteria under paragraph (2);
``(E) the relevant State has entered into an
agreement with the Community Reclaimer under which the
State shall assume all responsibility with respect to
the project for any costs or damages resulting from any
action or inaction on the part of the Community
Reclaimer in carrying out the project, except for costs
or damages resulting from gross negligence or
intentional misconduct by the Community Reclaimer, on
behalf of--
``(i) the Community Reclaimer; and
``(ii) the owner of the proposed project
site,
if such Community Reclaimer or owner, respectively, did
not participate in any way in the creation of site
conditions at the proposed project site or activities
that caused any lands or waters to become eligible for
reclamation or drainage abatement expenditures under
section 404;
``(F) the State has the necessary legal authority
to conduct the project and will obtain all legally
required authorizations, permits, licenses, and other
approvals to ensure completion of the project;
``(G) the State has sufficient financial resources
to ensure completion of the project, including any
necessary operation and maintenance costs (including
costs associated with emergency actions covered by a
contingency plan under paragraph (2)(K)); and
``(H) the proposed project is not in a category of
projects that would require a permit under title V.
``(2) Project submission.--The State shall submit a request
for approval to the Secretary that shall include--
``(A) a description of the proposed project,
including any engineering plans that must bear the seal
of a Professional Engineer;
``(B) a description of the proposed project site or
sites, including, if relevant, the nature and extent of
pollution resulting from mine drainage;
``(C) identification of the past and current owners
and operators of the proposed project site;
``(D) the agreement or contract between the
relevant State and the Community Reclaimer to carry out
the project;
``(E) a determination that the project will
facilitate the activities of the State reclamation plan
under subsection (e);
``(F) sufficient information to determine whether
the Community Reclaimer has the technical capability
and expertise to successfully conduct the proposed
project;
``(G) a cost estimate for the project and evidence
that the Community Reclaimer has sufficient financial
resources to ensure the successful completion of the
proposed project (including any operation or
maintenance costs);
``(H) a schedule for completion of the project;
``(I) an agreement between the Community Reclaimer
and the current owner of the site governing access to
the site;
``(J) sufficient information to ensure that the
Community Reclaimer meets the definition under
paragraph (3);
``(K) a contingency plan designed to be used in
response to unplanned adverse events that includes
emergency actions, response, and notifications; and
``(L) a requirement that the State provide notice
to adjacent and downstream landowners and the public
and hold a public meeting near the proposed project
site before the project is initiated.
``(3) Community reclaimer defined.--For purposes of this
section, the term `Community Reclaimer' means any person who--
``(A) seeks to voluntarily assist a State with a
reclamation project under this section;
``(B) did not participate in any way in the
creation of site conditions at the proposed project
site or activities that caused any lands or waters to
become eligible for reclamation or drainage abatement
expenditures under section 404;
``(C) is not a past or current owner or operator of
any site with ongoing reclamation obligations; and
``(D) is not subject to outstanding violations
listed pursuant to section 510(c).''.
SEC. 4. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE PROJECTS.
Section 413(d) (30 U.S.C. 1242(d)) is amended in the second
sentence by inserting ``unless such control or treatment will be
conducted in accordance with a State memorandum of understanding
approved under section 405(m) of this Act'' after ``Control Act'' the
second place it appears.
SEC. 5. CONFORMING AMENDMENTS.
Section 405(f) (30 U.S.C. 1235(f)) is amended--
(1) by striking the ``and'' after the semicolon in
paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by inserting at the end the following:
``(8) a list of projects proposed under subsection (n).''.
Passed the House of Representatives October 2, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Community Reclamation Partnerships Act This bill amends the Surface Mining Control and Reclamation Act of 1977 (SMCRA) to revise the abandoned mine land reclamation program which restores land and water adversely impacted by surface coal mines that were abandoned before SMCRA's enactment. A state with an approved abandoned mine reclamation program may enter into a memorandum of understanding with relevant federal or state agencies (or both) for remediating mine drainage on abandoned mine land and water impacted by abandoned mines. In addition, the bill authorizes a partnership between a state and a community reclaimer for remediating abandoned mine land if: the partnership's proposed project is consistent with an approved state memorandum of understanding and conducted on certain prioritized sites; the state assumes all responsibly on behalf of the community reclaimer and the owner of the proposed project site for costs or damages resulting from actions or inactions of the community reclaimer in carrying out the project, except for gross negligence or intentional misconduct by the community reclaimer; and the state has necessary legal authority to conduct the project and has financial resources to ensure the project's completion. A community reclaimer is a person who: (1) voluntarily assists a state in a reclamation project, (2) did not participate in any way in the creation of site conditions at the proposed site or activities that caused any land or waters to become eligible for reclamation or drainage abatement expenditures under SMCRA, (3) is not a past or current owner or operator of any site with ongoing reclamation obligations, and (4) is not subject to outstanding violations of surface coal mining permits. | {"src": "billsum_train", "title": "Community Reclamation Partnerships Act"} | 1,967 | 363 | 0.538235 | 1.625036 | 0.843957 | 3.986711 | 6.026578 | 0.89701 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Computers in Our Community Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There is a growing gap, commonly referred to as the
digital divide, between individuals who have access to
computers and the Internet and individuals who do not have such
access.
(2) Households with incomes of $75,000 or greater are more
than 20 times more likely to have access to the Internet, and
more than 9 times more likely to have a computer at home, than
households with the lowest income levels.
(3) Although 58.9 percent of Americans earning over $75,000
annually frequently use the Internet, only 16 percent of
Americans earning between $5,000 and $10,000 annually use the
Internet.
(4) Black and Hispanic households are \2/5\ as likely to
have home Internet access as white households.
(5) The digital divide is an emergency that will
detrimentally affect the economy and society of the Nation
absent immediate corrective action.
(6) The e-rate program of the Federal Communications
Commission ensures that schools and libraries receive
telecommunications services at a discounted rate. Although
tremendously successful, this program is insufficient because
there is twice the demand for funding as there is funding
available.
(7) According to statistics by the Department of Education,
there is a dire need for additional computers in some schools.
Schools with the highest concentrations of poverty had an
average of 16 students per instructional computer with Internet
access, compared to 7 students for each such computer in
schools with the lowest concentrations of poverty.
(8) The computer industry is the fastest growing industry
in our country. There is a documented shortage of information
technology workers. Increasingly, workers in all fields of
employment will need to be computer literate. Ensuring that
classrooms have computers that are used effectively to teach
students will help meet this need.
SEC. 3. AMENDMENT TO THE NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION ORGANIZATION ACT.
The National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended--
(1) by redesignating part C as part D; and
(2) by inserting after part B the following new part:
``PART C--COMPUTERS IN OUR COMMUNITY PROGRAM
``SEC. 131. PURPOSE.
``It is the purpose of this part to establish programs to advance
the computer skills of American workers in the global economy and to
use computer technology to advance the general educational performance
of American students.
``SEC. 132. STATE EDUCATIONAL AGENCY GRANT PROGRAM.
``(a) Program Authority.--From 85 percent of the amount made
available under section 137 for any fiscal year, the Secretary, acting
through the Assistant Secretary, shall make grants to each
participating State educational agency for allocation among local
educational agencies in such State.
``(b) Allocation of Funds.--
``(1) State allocations.--The Secretary shall allocate to
each participating State educational agency an amount that
bears the same ratio to such 85 percent of the amount made
available under section 137 for a fiscal year as the total
amount allocated to such State educational agency under title I
of the Elementary and Secondary Education Act of 1965 for such
fiscal year bears to the total amount allocated to all such
participating State educational agencies under such title I for
such fiscal year.
``(2) Local allocations.--Each participating State
educational agency shall allocate to each participating local
educational agency an amount that bears the same ratio to the
amount allocated to such State for a fiscal year as the total
amount allocated to such local educational agency under title I
of the Elementary and Secondary Education Act of 1965 for such
fiscal year bears to the total amount allocated to all such
participating local educational agencies in such State under
such title I for such fiscal year.
``(c) Eligibility.--
``(1) Participating state educational agencies.--In order
to qualify as a participating State educational agency for
purposes of this section, a State educational agency shall
create or modify and submit to the Secretary a technology plan
that--
``(A) identifies the current ratio of students to
computers in each school district in the State, and
specifies the Internet connectivity of the computer
systems in such districts; and
``(B) complies with such other criteria as the
Secretary, in conjunction with the Secretary of
Education, shall prescribe to assure that the funds
provided under this section are being used properly in
schools to advance the use of technology to effectively
teach students computer skills and improve the general
educational performance of students.
``(2) Participating local educational agencies.--In order
to qualify as a participating local educational agency for
purposes of this section, a local educational agency shall
create or modify and submit to the State educational agency a
technology plan that proves such local educational agency is
meeting the goals of the technology plan of the State
educational agency.
``(d) Use of Funds.--Funds provided under this section may be used
for the following:
``(1) The purchase of computers that meet a minimum
standard as determined by the Secretary.
``(2) The electrical wiring that schools may require to
connect computers to each other and to the Internet.
``(3) Hiring technological assistants to ensure that each
school has access to a trained computer professional to provide
technology training for teachers and perform maintenance of
computer systems. A maximum of 1 technological assistant per 5
elementary schools, 1 technological assistant per 3 middle
schools, and 1 technological assistant per 2 high schools may
be paid for with such funds.
``SEC. 133. DIGITAL DIVIDE WORKFORCE TRAINING INITIATIVE.
``(a) Program Authority.--From 5 percent of the amount made
available under section 137 for any fiscal year, the Secretary, acting
through the Assistant Secretary, shall carry out a program to award
grants, on a competitive basis, to nonprofit organizations for the
establishment of job training programs for preparing individuals for
computer and technology related jobs.
``(b) Criteria.--The Secretary, after consultation with the
Secretary of Labor, shall establish the criteria for administering the
grants under this section, which shall include the following:
``(1) Grants under this section shall be for 2 years.
``(2) Grant applicants shall serve low income individuals,
as such term is defined in section 101 of the Workforce
Investment Act of 1998 (29 U.S.C. 2801).
``(3) Grant applicants may submit an application under this
section only after consulting with the appropriate local
workforce investment board under such Act, and obtaining a
favorable recommendation of the application by such board.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications that--
``(1) are submitted by nonprofit organizations that have
experience in providing technological training;
``(2) propose job training programs that will serve
individuals most in need of computer and technology training,
as determined by the Secretary; and
``(3) provide flexibility in training in order to
accommodate a greater number of individuals.
``(d) Application.--To seek a grant under this section, an
applicant shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary, in
conjunction with the Secretary of Labor, may reasonably prescribe. Each
such application shall provide a system for tracking the employment
success of individuals who attend any proposed job training program.
``(e) Follow-up.--The Secretary shall review the success of the
program under this section and submit a report to Congress thereon not
later than 2 years after amounts are first available for implementation
of the program.
``SEC. 134. COMMUNITY CENTERS AND LIBRARIES TECHNOLOGY ACCESS GRANTS.
``(a) Program Authority.--From 5 percent of the amount made
available under section 137 for any fiscal year, the Secretary, acting
through the Assistant Secretary, shall carry out a program to award
grants, on a competitive basis, to provide assistance to community
centers and libraries to provide greater access to, instruction on, and
assistance with computers and the Internet.
``(b) Criteria.--The Secretary shall establish the criteria for
administering the grants under this section, which shall include the
following:
``(1) Any entity requesting funds under this section shall
provide such assurances as the Secretary may require to
demonstrate that the entity will provide, from other sources
(which may include contributions from State or local
government), an equal amount of funds for carrying out the
purposes of the grant.
``(2) Eligible recipients of grants under this section
shall be community centers that receive Federal, State, or
local government funding, public libraries, and nonprofit
organizations working in conjunction with such centers and
libraries.
``(3) Each recipient of grant funds under this section
shall use such funds to establish a program for providing
greater access to, instruction on, and assistance with
computers and the Internet.
``(4) Grants under this section shall be for 3 years.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to applications that demonstrate that the
program for which funds are sought--
``(1) will be able to sustain funding in the absence of
Federal funding; and
``(2) will serve areas with a low rate of access to
computers and the Internet.
``(d) Application.--To seek a grant under this section, an
applicant shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary may
reasonably prescribe. Each such application shall include--
``(1) a description of the proposed program, including how
the program would will make technology available to areas with
a low rate of access to computers and the Internet;
``(2) a demonstration of the need for computers and access
to the Internet in the area to be served; and
``(3) a description of the type technology that will be
provided.
``SEC. 135. COMPUTER CURRICULUM PARTNERSHIP.
``(a) Program Authority.--From 5 percent of the amount made
available under section 137 for any fiscal year, the Secretary, acting
through the Assistant Secretary, shall carry out a program to award
grants, on a competitive basis, to institutions of higher education
that create successful partnerships between their education and
computer departments to create software or Internet applications--
``(1) to train teachers in using computers, and using
computers to teach students; or
``(2) to use in the classroom to teach students.
``(b) Criteria.--The Secretary, after consultation with the
Secretary of Education, shall establish the criteria for administering
the grants under this section. Such criteria shall include priorities
for awarding funds under this section--
``(1) based on the need of the schools being served and
their educational priorities; and
``(2) giving preference to those applicants that will
operate their programs in conjunction with local educational
agencies.
``(c) Clearinghouse.--The Secretary shall, in conjunction with the
Secretary of Education, develop a clearinghouse to make available
information derived from the activities of recipients of funds under
this section to other schools throughout the United States.
``(d) Application.--To seek a grant under this section, an
applicant shall submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the Secretary, in
conjunction with the Secretary of Education, may reasonably prescribe.
Each application shall include a description of the format of the
software or Internet applications to be created.
``SEC. 136. ADMINISTRATIVE COSTS.
``Of amounts available to carry out a program to award grants under
each of sections 133, 134, and 135, the Secretary may not use more than
1 percent to pay administration costs under that section.
``SEC. 137. REGULATIONS.
``The Secretary may prescribe such regulations as may be necessary
to carry out this part.
``SEC. 138. APPROPRIATIONS AUTHORIZED.
``There are authorized to be appropriated to carry out this part
for any fiscal year an amount not to exceed the amount deposited to the
Computers in Our Communities Trust Fund for such fiscal year pursuant
to section 9511 of the Internal Revenue Code of 1986.
``SEC. 139. DEFINITIONS.
``As used in this part--
``(1) the terms `State educational agency' and `local
educational agency' have the meanings provided such terms in
section 14101 of the Elementary and Secondary Education Act of
1965; and
``(2) the term `institution of higher education' has the
meaning provided such term in section 102 of the Higher
Education Act of 1965.''.
SEC. 4. COMPUTERS IN OUR COMMUNITIES TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by inserting after section 9510 the following:
``SEC. 9511. COMPUTERS IN OUR COMMUNITIES TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Computers in Our
Communities Trust Fund', consisting of such amounts as may be
appropriated or credited pursuant to this section or section 9602(b).
``(b) Transfer to Computers in Our Communities Trust Fund Amounts
Equivalent to Certain Taxes.--There are hereby appropriated to the
Computers in Our Communities Trust Fund amounts equivalent to 100
percent of the taxes received in the Treasury after September 30, 2000,
under section 4251 (relating to tax on communications).
``(c) Expenditures From Computers in Our Communities Trust Fund.--
Amounts in the Computers in Our Communities Trust Fund shall be
available for making appropriations to carry out the provisions of part
C of the National Telecommunications and Information Administration
Organization Act.''.
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end the following new item:
``Sec. 9511. Computers in Our Communities
Trust Fund.''
SEC. 5. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS
SERVICES.
(a) In General.--Section 4251(b)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(2) Applicable percentage.--The term `applicable
percentage' means 1 percent.''
(b) Effective Date.--The amendment made by subsection (a) shall
apply to amounts paid pursuant to bills first rendered after September
30, 2000. | (Sec. 3) Directs the Secretary of Commerce (the Secretary), acting through the Assistant Secretary, to make grants to participating SEAs for allocation among local educational agencies (LEAs). Allows such funds to be used for: (1) purchase of computers that meet a minimum standard as determined by the Secretary; (2) the electrical wiring that schools may require to connect computers to each other and to the Internet; and (3) hiring technological assistants to ensure that each school has access to a trained computer professional to provide technology training for teachers and perform maintenance of computer systems. Allows the use of such funds to pay a maximum of one technological assistant per: (1) five elementary schools; (2) three middle schools; and (3) two high schools.
Directs the Secretary, acting through the Assistant Secretary, to award competitive grants to the following entities for the following programs: (1) nonprofit organizations, to establish job training programs for preparing low-income individuals for computer and technology related jobs (digital divide workforce training initiative); (2) community centers and libraries, to provide greater access to, instruction on, and assistance with computers and the Internet (technology access); (3) institutions of higher education (IHEs) that create successful partnerships between their education and computer departments to create software or Internet applications to train teachers in using computers, and using computers to teach students or to use in the classroom to teach students (computer curriculum partnership). Directs the Secretary and the Secretary of Education to develop a clearinghouse to make available to other schools throughout the Nation information derived from activities of IHE recipients of curriculum partnership grants.
Authorizes appropriations.
(Sec. 4) Amends the Internal Revenue Code to establish the Computers in Our Communities Trust Fund. Transfers to such Fund amounts equivalent to certain taxes on communications. Makes amounts in such fund available for appropriations to carry out the Computers in Our Communities Program.
(Sec. 5) Reduces an excise tax on telephone and other communications services. | {"src": "billsum_train", "title": "Computers in Our Community Act"} | 3,215 | 412 | 0.546584 | 1.884724 | 0.643842 | 4.368687 | 7.669192 | 0.949495 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Term Amendment Act of 1994''.
SEC. 2. PATENT TERM.
Section 154 of title 35, United States Code, is amended to read as
follows:
``Sec. 154 Contents and term of patent
``(a) Every patent shall contain a short title of the invention and
a grant to the patentee, his heirs or assigns, of the right to exclude
others from making, using, or selling the invention throughout the
United States and, if the invention is a process, of the right to
exclude others from using or selling throughout the United States, or
importing into the United States, products made by that process,
referring to the specification for the particulars thereof. Subject to
the payment of fees as provided for in this title, such grant shall be
for a term beginning on the date on which the patent issues and ending
twenty years from the date on which the application for the patent was
filed in the United States or, if the application contains a specific
reference to an earlier filed application or applications under
sections 120, 121 or 365(c) of this title, from the date on which the
earliest such application was filed. Priority under sections 119,
365(a) or 365(b) of this title shall not be taken into account in
determining the term of a patent. A copy of the specification and
drawings shall be annexed to the patent and be a part thereof.
``(b) Where the issuance of an original patent is delayed because
of a proceeding under section 135(a) of this title or the application
is placed under an order pursuant to section 181 of this title, the
term of the patent shall be extended for the period of delay up to five
years. Any and all extensions available under this subsection shall not
extend the term of an original patent for more than five years.''.
SEC. 3. ESTABLISHMENT OF A DOMESTIC PRIORITY SYSTEM.
(a) Section 119 of title 35, United States Code, is amended to read
as follows:
``Sec. 119 Benefit of earlier filing date; right of priority
``(a) An application for patent for an invention filed in this
country by any person who has, or whose legal representatives or
assigns have, previously filed an application for a patent for the same
invention in a foreign country which affords similar privileges in the
case of applications filed in the United States shall have the same
effect as the same application would have if filed in this country on
the date on which the application for patent for the same invention was
first filed in such foreign country, if the application in this country
is filed within twelve months from the earliest date on which such
foreign application was filed; but no patent shall be granted on any
application for patent for an invention which had been patented or
described in a printed publication in any country more than one year
before the date of the actual filing of the application in this
country, or which had been in public use or on sale in this country
more than one year prior to such filing.
``(b) No application for patent shall be entitled to a right of
priority under subsection (a) unless a claim therefor and a certified
copy of the original foreign application, specification and drawings
upon which it is based are filed in the Patent and Trademark Office
before the patent is granted, or at such time during the pendency of
the application as required by the Commissioner not earlier than six
months after the filing of the application in this country. Such
certification shall be made by the patent office of the foreign country
in which filed and show the date of the application and of the filing
of the specification and other papers. The Commissioner may require a
translation of the papers filed if not in the English language and such
other information as he deems necessary.
``(c) In like manner and subject to the same conditions and
requirements, the right provided under subsection (a) may be based upon
a subsequent regularly filed application in the same foreign country
instead of the first filed foreign application, provided that any
foreign application has been withdrawn, abandoned, or otherwise
disposed of, without having been laid open to public inspection and
without leaving any rights outstanding, and has not served, nor
thereafter shall serve, as a basis for claiming a right of priority.
``(d) Applications for inventor's certificates filed in a foreign
country in which applicants have a right to apply, at their discretion,
either for a patent or for an inventor's certificate shall be treated
in this country in the same manner and have the same effect for purpose
of the right of priority under subsection (a) as applications for
patents, subject to the same conditions and requirements of this
section as apply to applications for patents, provided such applicants
are entitled to the benefits of the Stockholm Revision of the Paris
Convention at the time of such filing.
``(e) An application for patent filed under sections 111(a) or 363
of this title for an invention disclosed in the manner provided by the
first paragraph of section 112 of this title in a provisional
application filed under section 111(b) of this title, by an inventor or
inventors named in the provisional application shall have the same
effect, as to such invention, as though filed on the date of the
provisional application filed under section 111(b) of this title, if
the application for patent filed under sections 111(a) or 363 of this
title is filed within twelve months from the date on which the
provisional application was filed and if it contains or is amended to
contain a specific reference to the provisional application. A
provisional application filed under section 111(b) of this title may
not be relied upon in any proceeding in the Patent and Trademark Office
unless the fee set forth in subsections 41(a)(1) (A) or (C) has been
paid and the provisional application was pending on the filing date of
the application for patent under sections 111(a) or 363 of this
title.''.
(b) Section 41(a)(1) of title 35, United States Code, is amended to
include a new subparagraph c, as follows:
``c. On filing each provisional application for an original
patent, $150.00.''.
(c) Section 111 of title 35, United States Code, is amended to read
as follows:
``Sec. 111 Application
``(a) Application for patent shall be made, or authorized to be
made, by the inventor, except as otherwise provided in this title, in
writing to the Commissioner. Such application shall include (1) a
specification as prescribed by section 112 of this title; (2) a drawing
as prescribed by section 113 of this title; and (3) an oath by the
applicant as prescribed by section 115 of this title. The application
must be accompanied by the fee required by law. The fee and oath may be
submitted after the specification and any required drawing are
submitted, within such period and under such conditions, including the
payment of a surcharge, as may be prescribed by the Commissioner. Upon
failure to submit the fee and oath within such prescribed period, the
application shall be regarded as abandoned, unless it is shown to the
satisfaction of the Commissioner that the delay in submitting the fee
and oath was unavoidable or unintentional. The filing date of an
application shall be the date on which the specification and any
required drawing are received in the Patent and Trademark Office.
``(b)(1) A provisional application for patent shall be made, or
authorized to be made, by the inventor, in accordance with regulations
prescribed by the Commissioner. Such application shall include (A) a
specification as prescribed by the first paragraph of section 112 of
this title; and (B) a drawing as prescribed by section 113 of this
title. A claim shall not be required in a provisional application. The
application must be accompanied by the fee required by law. The fee may
be submitted after the specification and any required drawing are
submitted, within such period and under such conditions, including the
payment of a surcharge, as may be prescribed by the Commissioner. Upon
failure to submit the fee within such prescribed period, the
application shall be regarded as abandoned, unless it is shown to the
satisfaction of the Commissioner that the delay in submitting the fee
was unavoidable or unintentional. The filing date of a provisional
application shall be the date on which the specification and any
required drawing are received in the Patent and Trademark Office. The
provisional application shall be regarded as abandoned twelve months
after its filing date and shall not be subject to revival thereafter.
Subject to all the conditions in this subsection, subsections 111(b)(2)
and 119(e) and as prescribed by the Commissioner, an application for
patent filed under section 111(a) of this title may be treated as a
provisional application for patent.
``(2) A provisional application shall not be entitled to the right
of priority of any other application under sections 119 or 365(a) of
this title or the benefit of an earlier filing date in the United
States under sections 120, 121 or 365(c) of this title.
``(3) The provisions of this title relating to applications for
patent shall be applicable to provisional applications for patent,
except as otherwise provided and except that provisional applications
for patent shall not be subject to sections 115, 131, 135 and 157 of
this title.''.
SEC. 4. CONFORMING CHANGES.
(a) The table of sections for chapter 11 of title 35, United States
Code, is amended in the item relating to section 111 by deleting ``for
patent'' and in the item relating to section 119 by deleting ``in
foreign country.''
(b) Section 156 of title 35, United States Code, is amended by
adding ``under subsection (e)(1) of this section'' after ``extended''
in subsection (a)(2).
(c) Section 172 of title 35, United States Code, is amended by
changing ``section 119'' to ``subsections 119(a) through 119(d)''.
Further, ``The right of priority provided for by subsection 119(e) of
this title shall not apply to designs.'' has been added as a second
sentence.
(d) Section 173 of title 35, United States Code, is amended by
adding ``from the date of grant'' after ``years.''
(e) Subsection 365(a) of title 35, United States Code, is amended
by changing ``section 119'' to ``subsections 119(a) through 119(d)''
and subsection 365(b) of title 35, United States Code, is amended by
changing ``the first paragraph of section 119'' to ``subsection
119(a).''
(f) Subsection 373 of title 35, United States Code, is amended by
changing ``section 119'' to ``subsections 119(a) through 119(d)''.
SEC. 5. EFFECTIVE DATE.
Sections 2 through 4 shall take effect six months from the date of
enactment and shall apply to all applications filed in the United
States on or after the effective date. The term of a patent granted on
a plant or utility application that is filed after the effective date
and that contains a specific reference to an earlier filed application
under the provisions of sections 120, 121 or 365(c) of title 35 shall
be measured from the filing date of the earliest filed application, a
reference to which is made under sections 120, 121 or 365(c) of this
title. | Patent Term Amendment Act of 1994 - Revises Federal patent law to establish a 20-year patent term from the date of filing. Provides that, where the issuance of an original patent is delayed because of a proceeding regarding situations where a patent application would interfere with a pending application or with an unexpired patent, the term of the patent shall be extended for the period of delay up to five years.
Sets forth provisions with respect to the filing of a provisional application for a patent. Specifies that a provisional application shall not be entitled to the right of priority of any other application or the benefit of an earlier filing date in the United States.
Directs the Commissioner of the Patent and Trademark Office to charge a $150 filing fee on each provisional application for an original patent. | {"src": "billsum_train", "title": "Patent Term Amendment Act of 1994"} | 2,573 | 176 | 0.534386 | 1.497492 | 0.791961 | 4.888889 | 15.699346 | 0.875817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Meat and Poultry Inspection
Panel Act''.
SEC. 2. ESTABLISHMENT OF SAFE MEAT AND POULTRY INSPECTION PANEL.
The Federal Meat Inspection Act (21 U.S.C. 601 et seq.) is amended
by adding at the end thereof the following new section:
``Sec. . Safe Meat and Poultry Inspection Panel.--``(a)
Establishment.--There is hereby established in the Department of
Agriculture a permanent advisory panel known as the ``Safe Meat and
Poultry Inspection Panel''.
``(b) Purpose.--The Safe Meat and Poultry Inspection Panel shall
review, evaluate, and make comments and recommendations in the form of
a report to the Secretary on the adequacy, necessity, safety, cost-
effectiveness, and scientific merit of the following:
(1) Inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act.
(2) Informal petitions or proposals for changes in
inspection procedures, processes, and techniques of plants
inspected under this Act.
(3) Formal changes in meat inspection regulations, either
in notice, proposed, or final form, promulgated by virtue of
authority granted by this Act and within the time limits
prescribed for formal comments on such changes.
(4) Such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a safe
and cost-effective meat inspection system under this Act.
``(c) Composition of Panel.--The Safe Meat and Poultry Inspection
Panel shall be composed of 7 members, not less than 5 of which members
shall be from the food, meat, and poultry science profession, appointed
to staggered terms not to exceed three years by the Secretary from
nominations received from the National Institutes of Health and the
American Meat Science Association and based upon the professional
qualifications of the nominees.
``(d) Nominations.--In constituting the original Safe Meat and
Poultry Inspection Panel, the Secretary shall initially solicit 6
nominees from the National Institutes of Health and 6 nominees from the
American Meat Science Association for membership on the panel. Any
subsequent vacancy on the panel shall be filled by the Secretary after
soliciting 2 nominees from the National Institutes of Health and 2
nominees from the American Meat Science Association. Nominees shall
have a background in public health issues and a scientific expertise in
food, meat, and poultry sciences or in veterinary science. The
Secretary may require nominees to submit such additional information as
the Secretary may deem necessary prior to completing the selection
process. Should any list of nominees provided under this subsection be
unsatisfactory, the Secretary may request an additional set of nominees
from the nominating entities.
``(e) Compensation.--Each member of the panel shall receive per
diem compensation at a rate not in excess of that fixed for GS-18 of
the General Schedule as may be determined by the Secretary, except that
any such member who holds another office or position under the Federal
Government the compensation of which exceeds such rate may elect to
receive compensation at the rate provided for such other office or
position in lieu of the compensation provided by this subsection.
``(f) Conflict of Interest.--The Secretary shall promulgate
regulations regarding conflicts of interest with respect to the members
of the panel.
``(g) Publication in Federal Register.--Any report of the panel to
the Secretary shall be published in the Federal Register.
``(h) Secretarial Response.--Within 90 days of the publication of a
panel report under this section, the Secretary shall publish in the
Federal Register any response required of the Secretary to that report.
``(i) Funding.--From funds available to the Secretary, the
Secretary shall allocate such sums as may be necessary to carry out
this section.''.
SEC. 3. CONFORMING AMENDMENTS.
The Poultry Products Inspection Act (21 U.S.C. 451 et seq.) is
amended by adding at the end thereof the following new section:
``Sec. . Safe Meat and Poultry Inspection Panel.--The advisory
panel known as the `Safe Meat and Poultry Inspection Panel' established
in section of the Federal Meat Inspection Act (21 U.S.C. )
shall also review, evaluate and make comments and recommendations in
the form of a report to the Secretary on the adequacy, necessity,
safety, cost-effectiveness, and scientific merit of the following:
(1) Inspection procedures of, and work rules and worker
relations involving Federal employees employed in, plants
inspected under this Act.
(2) Informal petitions or proposals for changes in
inspection procedures, processes, or techniques of plants
inspected under this Act.
(3) Formal changes in poultry inspection regulations,
either in notice, proposed, or final form, promulgated by
virtue of authority granted by this Act and within the time
limits prescribed for formal comments on such changes.
(4) Such other matters as may be referred to the panel by
the Secretary regarding the quality or effectiveness of a safe
and cost-effective poultry inspection system under this Act.''. | Safe Meat and Poultry Inspection Panel Act - Amends the Federal Meat Inspection Act to establish in the Department of Agriculture the Safe Meat and Poultry Inspection Panel which shall evaluate Federal meat and poultry inspection procedures and related matters.
Amends the Poultry Products Inspection Act to require the Panel to report to the Secretary on a safe and cost-effective poultry inspection system and on other related matters. | {"src": "billsum_train", "title": "Safe Meat and Poultry Inspection Panel Act"} | 1,156 | 88 | 0.601101 | 1.317467 | 1.251139 | 3.534247 | 14.164384 | 0.931507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disaster Relief and Recovery
Development Act of 2009''.
SEC. 2. ABILITY TO PROVIDE DISASTER INFORMATION TO INDIVIDUALS WITH
LIMITED ENGLISH PROFICIENCY.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the ability of existing alert and warning systems to
provide information relating to disasters to individuals with limited
English proficiency.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Comptroller General shall submit to Congress a report on
the results of the study conducted under subsection (a). The report
shall include recommendations with respect to any additional resources
necessary to adequately provide information relating to disasters to
individuals with limited English proficiency.
SEC. 3. REVIEW OF REGULATIONS AND POLICIES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the President shall review regulations and
policies relating to Federal disaster assistance to eliminate
regulations the President determines are no longer relevant, to
harmonize contradictory regulations, and to simplify and expedite
disaster recovery and assistance.
(b) Report.--Not later than 18 months after the date of enactment
of this Act, the President shall transmit to Congress a report
describing changes made to regulations as a result of the review
required under subsection (a), together with any legislative
recommendations relating thereto.
SEC. 4. ISSUANCE OF REGULATIONS RELATING TO ELIGIBLE COST.
Not later than six months after the date of enactment of this Act,
the President shall issue and begin implementation of the regulations
required under section 406(e)(3)(C) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(3)(C)) to
provide for cost estimation procedures that expedite recovery and to
reduce the costs and time for completion of recovery projects through
the creation of financial and performance incentives.
SEC. 5. USE OF FINANCIAL ASSISTANCE TO DISSEMINATE INFORMATION
REGARDING COST-EFFECTIVE MITIGATION TECHNOLOGIES.
Section 203(e)(2) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5133(e)(2)) is amended by striking
``10 percent'' and inserting ``15 percent''.
SEC. 6. RECOVERY RESPONSIBILITIES.
(a) Functions of Federal Coordinating Officer.--Section 302(b) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5143(b)) is amended--
(1) in paragraph (3) by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3) the following:
``(4) not later than one month after the date of the
declaration of a major disaster or emergency, make an initial
appraisal of the types of recovery assistance needed;
``(5) coordinate with State government officials the
establishment of detailed short-term and long-term recovery
plans and methods for implementation of such plans; and''.
(b) Emergency Support, Response, and Recovery Teams.--Section 303
of such Act (42 U.S.C. 5144) is amended--
(1) in the section heading by striking ``support and
response'' and inserting ``support, response, and recovery'';
and
(2) by adding at the end the following:
``(c) Emergency Recovery Teams.--
``(1) Establishment.--In carrying out subsection (a), the
President, acting through the Administrator of the Federal
Emergency Management Agency, shall establish--
``(A) at a minimum 3 national recovery teams;
``(B) sufficient regional recovery teams, including
Regional Office strike teams under section 507 of the
Homeland Security Act of 2002; and
``(C) other recovery teams as may be necessary to
meet the incident management responsibilities of the
Federal Government.
``(2) Target capability level.--The Administrator shall
ensure that specific target capability levels, as defined
pursuant to the guidelines established under section 646(a) of
the Post-Katrina Emergency Management Reform Act of 2006, are
established for Federal emergency recovery teams.
``(3) Personnel.--The President, acting through the
Administrator, shall ensure that the Federal emergency recovery
teams consist of adequate numbers of properly planned,
organized, equipped, trained, and exercised personnel to
achieve the established target capability levels. Each
emergency recovery team shall work in coordination with State
and local officials and onsite personnel associated with a
particular incident.
``(4) Readiness reporting.--The Administrator shall
evaluate team readiness on a regular basis and report team
readiness levels in the report required under section 652(a) of
the Post-Katrina Emergency Management Reform Act of 2006.''.
SEC. 7. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.
Title III of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end
the following:
``SEC. 327. FEDERAL INTERAGENCY DISASTER RECOVERY TASK FORCE.
``(a) Establishment.--The President shall establish a Federal
interagency disaster recovery task force (hereinafter referred to in
this section as the `task force') to carry out the following:
``(1) Identify, maintain a catalogue of, and submit to
Congress at least twice each year a report describing the
Federal programs that may be used to assist in recovery efforts
after a major disaster or emergency.
``(2) Ensure communication, before and after major
disasters and emergencies, between the Federal departments and
agencies determined by the President to administer the Federal
programs referred to in paragraph (1).
``(b) Chairperson.--The Administrator of the Federal Emergency
Management Agency shall serve as the chairperson of the task force.
``(c) Membership.--The task force shall include a representative of
each Federal department and agency determined by the President to
administer a program that may be used to assist in recovery efforts
after a major disaster or emergency.
``(d) Meeting Frequency.--The task force shall meet at least four
times each year.''.
SEC. 8. REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES.
Section 406(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(a)) is amended--
(1) in paragraph (4) by striking ``$20,000,000'' and
inserting ``$5,000,000''; and
(2) by adding at the end the following:
``(5) Contribution status reports.--Not less frequently
than every 180 days, the President shall transmit to Congress a
report on the status of applications, obligations, and
contributions under this section with respect to each major
disaster for which, on the date of the transmission of such
report, a contribution is eligible to be requested or made
under this section.''.
SEC. 9. SPECIAL RULE FOR CERTAIN MAJOR DISASTERS.
Section 406 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5172) is amended by adding at the end the
following:
``(f) Special Rule for Certain Major Disasters.--
``(1) Consolidation of funds.--Notwithstanding subsection
(a)(1), if the President determines that there is extensive and
widespread damage and destruction resulting from a major
disaster, the President may allow a State or local government
or a private nonprofit facility, as the case may be, to
consolidate contributions received as a lump sum payment to
repair, restore, reconstruct, or replace more than one public
facility. A State or local government and a private nonprofit
facility may choose whether or not to repair, restore,
reconstruct, or replace one or more of such facilities after
assessing the need for such facilities after such major
disaster.
``(2) Federal share.--Notwithstanding subsection (c)(1)(A),
the Federal share for a public facility shall be an amount
equal to 100 percent of the Federal estimate of the cost of
repairing, restoring, reconstructing, or replacing the
facilities and of management expenses.''. | Disaster Relief and Recovery Development Act of 2009 - Directs the Comptroller General to conduct a study on the ability of existing alert and warning systems to provide information relating to disasters to individuals with limited English proficiency.
Requires the President to: (1) review regulations and policies relating to federal disaster assistance to eliminate regulations that are no longer relevant, to harmonize contradictory regulations, and to simplify and expedite disaster recovery and assistance; and (2) issue and implement regulations required under the Robert T. Stafford Disaster Relief and Emergency Assistance Act to provide procedures for estimating the cost of repairing or replacing a facility damaged or destroyed by a major disaster that expedite recovery and reduce the costs and time for completion of recovery projects through the creation of financial and performance incentives.
Amends such Act to: (1) prohibit a state or local government from using more than 15% (currently, 10%) of the financial assistance received by it for implementing approved predisaster hazard mitigation measures for a fiscal year under such Act to fund activities to disseminate information regarding cost-effective mitigation technologies; and (2) require the federal coordinating officer of a major disaster area to make an initial appraisal of the recovery assistance needed within one month after the disaster is declared and to coordinate detailed recovery plans with state officials.
Directs the President: (1) in carrying out requirements to form federal emergency support teams for major disaster areas, to establish at least three national recovery teams, sufficient regional recovery teams, including Regional Office strike teams, and other teams as necessary to meet incident management responsibilities; (2) to establish a federal interagency disaster recovery task force to maintain a catalogue of, and ensure communications among, federal programs that may be used to assist in disaster recovery efforts; and (3) to notify specified congressional committees before making any contribution in an amount greater than $5 million (currently, $20 million) for the repair, restoration, and replacement of damaged facilities,.
Permits the President, upon determining that there is extensive and widespread damage and destruction resulting from a major disaster, to allow a state or local government or a private nonprofit facility to consolidate contributions received as a lump sum payment to repair, restore, reconstruct, or replace more than one public facility. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to improve Federal assistance with respect to disasters, and for other purposes."} | 1,882 | 475 | 0.653479 | 2.113136 | 0.762082 | 4.442661 | 3.759174 | 0.896789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Security Officer Employment
Authorization Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection
to such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for
the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screened and
trained.
SEC. 3. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment as a private
security officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.-- The term ``private security
officer''--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty
is to perform security services, full- or part-time,
for consideration, whether armed or unarmed and in
uniform or plain clothes (except for services excluded
from coverage under this Act if the Attorney General
determines by regulation that such exclusion would
serve the public interest); but
(B) does not include--
(i) employees whose duties are primarily
internal audit or credit functions;
(ii) employees of electronic security
system companies acting as technicians or
monitors; or
(iii) employees whose duties primarily
involve the secure movement of prisoners.
(4) Security services.--The term ``security services''
means acts to protect people or property as defined by
regulations promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by
the Attorney General for the submission and receipt of criminal
history record information.
SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH.
(a) In General.--
(1) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive identification,
as determined by the Attorney General, of an employee of such
employer for purposes of a criminal history record information
search pursuant to this Act.
(2) Employee rights.--
(A) Permission.--An authorized employer shall
obtain written consent from an employee to submit to
the State identification bureau of a participating
State the request to search the criminal history record
information of the employee under this Act.
(B) Access.--An authorized employer shall provide
to the employee confidential access to any information
relating to the employee received by the authorized
employer pursuant to this Act.
(3) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer pursuant
to this Act, submitted through the State identification bureau
of a participating State, the Attorney General shall--
(A) search the appropriate records of the Criminal
Justice Information Services Division of the Federal
Bureau of Investigation; and
(B) promptly provide any resulting identification
and criminal history record information to the
submitting State identification bureau requesting the
information.
(4) Use of information.--
(A) In general.--Upon receipt of the criminal
history record information from the Attorney General by
the State identification bureau, the information shall
be used only as provided in subparagraph (B).
(B) Terms.--In the case of--
(i) a participating State that has no State
standards for qualification to be a private
security officer, the State shall notify an
authorized employer as to the fact of whether
an employee has been--
(I) convicted of a felony, an
offense involving dishonesty or a false
statement if the conviction occurred
during the previous 10 years, or an
offense involving the use or attempted
use of physical force against the
person of another if the conviction
occurred during the previous 10 years;
or
(II) charged with a criminal felony
for which there has been no resolution
during the preceding 365 days; or
(ii) a participating State that has State
standards for qualification to be a private
security officer, the State shall use the
information received pursuant to this Act in
applying the State standards and shall only
notify the employer of the results of the
application of the State standards.
(5) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment by
that employee unless the authorized employer has good cause to
submit additional requests.
(b) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such final or
interim final regulations as may be necessary to carry out this Act,
including--
(1) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and recordkeeping;
(2) standards for qualification as an authorized employer;
and
(3) the imposition of reasonable fees necessary for
conducting the background checks.
(c) Criminal Penalties for Use of Information.--Whoever knowingly
and intentionally uses any information obtained pursuant to this Act
other than for the purpose of determining the suitability of an
individual for employment as a private security officer shall be fined
under title 18, United States Code, or imprisoned for not more than 2
years, or both.
(d) User Fees.--
(1) In general.--The Director of the Federal Bureau of
Investigation may--
(A) collect fees to process background checks
provided for by this Act; and
(B) establish such fees at a level to include an
additional amount to defray expenses for the automation
of fingerprint identification and criminal justice
information services and associated costs.
(2) Limitations.--Any fee collected under this subsection--
(A) shall, consistent with Public Law 101-515 and
Public Law 104-99, be credited to the appropriation to
be used for salaries and other expenses incurred
through providing the services described in such Public
Laws and in paragraph (1);
(B) shall be available for expenditure only to pay
the costs of such activities and services; and
(C) shall remain available until expended.
(3) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee on
an authorized employer for the costs to the State of
administering this Act.
(e) State Opt Out.--A State may decline to participate in the
background check system authorized by this Act by enacting a law or
issuing an order by the Governor (if consistent with State law)
providing that the State is declining to participate pursuant to this
subsection.
Passed the Senate November 17, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary. | Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received.
Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information. Provides that, upon receipt of the criminal history record information from the Attorney General by the State identification bureau: (1) a participating State that has no private security officer qualification standards shall notify an authorized employer of whether an employee has been convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against another person if the conviction occurred during the previous 10 years, or has been charged with a criminal felony for which there has been no resolution during the preceding 365 days; and (2) a participating State that has private security officer qualification standards shall use the information received pursuant to this Act in applying the standards and shall only notify the employer of the results. Allows an authorized employer to request a criminal history record information search for an employee only once every 12 months unless the employer has good cause to submit additional requests. Directs the Attorney General to issue regulations to carry out this Act, including: (1) measures relating to the security, confidentiality, accuracy, use, and destruction of information and audits; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. Prescribes criminal penalties for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer. Authorizes: (1) the FBI Director to collect fees to process such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system. | {"src": "billsum_train", "title": "A bill to permit reviews of criminal records of applicants for private security officer employment."} | 1,763 | 493 | 0.461893 | 1.503568 | 0.788003 | 4.517467 | 3.707424 | 0.967249 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Entrepreneur Soldiers Empowerment
Act''.
SEC. 2. VETERANS BUSINESS OUTREACH CENTERS AND TECHNICAL AND MENTORING
ASSISTANCE COMMITTEES.
(a) Establishment.--Section 32 of the Small Business Act (15 U.S.C.
657c) is amended by adding at the end the following new subsections:
``(c) Veterans Business Outreach Centers.--
``(1) Establishment.--The Administrator, acting through the
Associate Administrator for Veterans Business Development,
shall establish Veterans Business Outreach Centers to offer
business planning assistance to veterans.
``(2) Number and location.--The Administrator shall
establish not less than one Veterans Business Outreach Center
in each geographic region.
``(3) Duties.--The duties of each Veterans Business
Outreach Center are as follows:
``(A) To provide business planning assistance to
veterans.
``(B) To offer information about continuity
planning for small businesses in the event of an owner
or essential employee who is a member of the National
Guard or Reserve Components of the Armed Forces being
called to serve on active duty.
``(d) Technical and Mentoring Assistance Committees.--
``(1) Establishment.--The Administrator, acting through the
Associate Administrator for Veterans Business Development,
shall establish a Technical and Mentoring Assistance Committee
in each District Office service location where no Veterans
Business Outreach Center has been established.
``(2) Responsibilities.--A Technical and Mentoring
Assistance Committee established pursuant to paragraph (1)
shall--
``(A) identify and recruit local volunteers to
serve as veterans business mentors to provide
assistance and guidance to members of the Reserve
Component who own small businesses or are entrepreneurs
and to the family members of such members and the
caretakers of such member's businesses while such
members are serving on active duty;
``(B) plan and initiate training and outreach
seminars and programs designed to support small
business ownership among members of the Reserve
Component, their family members, veterans, and service-
disabled veterans;
``(C) prepare a plan every five years and submit
such plan to the Administrator for approval; and
``(D) prepare and submit to the Administrator an
annual budget request based on the plan and the State
veteran population.
``(3) Membership.--
``(A) In general.--Each Technical and Mentoring
Assistance Committee shall be composed of members
appointed by the Administrator and shall include the
following individuals:
``(i) The District Director of the
Administration or the Regional Administrator.
``(ii) The Director of Veterans Affairs for
each State served by the Committee.
``(iii) The Director of the Small Business
Development Center for each State served by the
Committee.
``(B) Volunteer members.--The Administrator shall
consult with and encourage the voluntary participation
as members of the Committee of the following
individuals:
``(i) The Director of Economic Development
for each State served by the Committee.
``(ii) The Director of the Employer Support
of the Guard and Reserve for each State served
by the Committee.
``(iii) The Adjutant General of the
National Guard for each State served by the
Committee.
``(iv) The Director of the Service Corps of
Retired Executives for each State served by the
Committee.
``(v) Small business owners who are
veterans and members of the Reserve Component.
``(vi) Representatives of State and local
small business associations.
``(vii) The State adjutants of
Congressionally chartered veterans service
organizations.
``(viii) Small business owners and mentors
who are veterans and who have expertise in the
following areas:
``(I) Lending.
``(II) Accounting.
``(III) Insurance.
``(IV) Taxation.
``(V) Legal service.
``(VI) Business planning.
``(VII) Marketing.
``(4) No compensation.--Members of the Technical and
Mentoring Assistance Committees shall serve without pay.''.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subparagraphs (c) and (d) of section 32 of
the Small Business Act (15 U.S.C. 657c), as added by subsection (a)--
(1) $200,000 for each Veterans Business Outreach Center
established pursuant to section 32(c) of such Act for fiscal
year 2006 and each subsequent fiscal year; and
(2) $20,000 for each Technical and Mentoring Assistance
Committee established pursuant to section 32(d) of such Act for
fiscal year 2006 and each subsequent fiscal year. | Entrepreneur Soldiers Empowerment Act - Amends the Small Business Act to direct the Administrator of the Small Business Administration, acting through the Associate Administrator for Veterans Business Development, to establish: (1) at least one Veterans Business Outreach Center in each geographic region; and (2) a Technical and Mentoring Assistance Committee in each District Office service location where no such Center has been established. | {"src": "billsum_train", "title": "To direct the Administrator of the Small Business Administration to establish Veterans Business Outreach Centers and Technical Mentoring Assistance Committees."} | 1,028 | 77 | 0.66533 | 1.653856 | 1.263969 | 4.25 | 13.430556 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cost Recovery and Fair Value for
Services Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Federal Government has an obligation to United
States citizens to be stewards of their hard-earned taxpayer
dollars by operating in an efficient manner.
(2) There are hundreds of Federal agencies in the executive
branch providing an array of services and programs.
(3) It is critical, especially in times when national debt
is high, for these agencies to ensure that the programs they
provide are consistently assessed regarding their costs and
self-financed to the greatest extent possible.
(4) By setting equitable user fee rates for services
provided, agencies as well as those who use the services can
participate in the shared fiscal responsibility needed to
reduce the deficit without overburdening users or constraining
demand.
SEC. 3. USER FEE REPORT.
(a) Amendment.--Section 902 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(c) User Fee Report Required.--
``(1) In general.--Not later than October 1 of each odd-
numbered year, beginning with October 1, 2011, an agency Chief
Financial Officer shall prepare and submit a report to the
Director of the Office of Management and Budget on the review
and recommendations under subsection (a)(8) and shall include
with regard to the recommendations concerning the adjustment or
reduction of fees imposed by the agency for services and things
of value it provides for the matters described under paragraphs
(2) and (3).
``(2) Matters related to equity.--The report required by
paragraph (1) shall include the following:
``(A) An evaluation of whether each user is paying
an equitable amount and the ability of the user to pay
the fee.
``(B) The extent to which use of such program by
certain users, or for certain types of uses, provides a
public benefit.
``(C) The extent to which the program for which the
fee is funding benefits the public and identifiable
users.
``(3) Matters related to efficiency.--The report required
by paragraph (1) shall include the following:
``(A) The amount of the fee sufficient to cover the
full cost of the service or thing of value provided by
the agency.
``(B) Whether the agency has timely and reliable
cost data to determine the amount of the fee to cover
the full cost of the service or thing of value provided
by the agency.
``(C) The extent to which the fee will fully or
partially recover costs of the service or thing of
value provided by the agency.
``(D) Whether the fee structure should include
exemptions or reduced fees.
``(E) Whether the fee should be set as a percentage
or as a fixed dollar amount.
``(F) How the fee will be structured to cover the
intended share of the cost of the service or thing of
value provided by the agency over time.
``(G) Whether fee collections are projected to
change over time in relation to the cost of the service
or thing of value provided by the agency.
``(4) Definitions.--In this subsection:
``(A) Equitable amount.--The term `equitable
amount' means an amount that is set at a level so that
a user with the ability to pay a higher fee pays more
for the service and thing of value than a user with
less ability to pay.
``(B) User.--The term `user' means a person that
pays a fee imposed by an agency for services and things
of value provided by the agency.''.
(b) Submission by OMB.--Not later than December 1 of each year in
which a report is submitted under section 902(c) of title 31, United
States Code, as added by subsection (a), the Director of the Office of
Management and Budget shall compile and transmit the reports, along
with a summary prepared by the Director, including an identification of
any recommendations in the report the Director does not agree with and
the reasons for such disagreement, to the Committee on Oversight and
Government Reform of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate. | Cost Recovery and Fair Value for Services Act of 2010 - Requires each federal agency's chief financial officer, by October 1 of each odd-numbered year, to report to the Director of the Office of Management and Budget (OMB) on that officer's biennial review of agency charges for services and things of value that it provides and recommendations on revising those charges to reflect its costs in doing so.
Requires such report to include: (1) with regard to such recommendations, an evaluation of whether each user is paying an equitable amount and of the user's ability to pay, the extent to which use of such program provides a public benefit, and the extent to which the program the fee is funding benefits the public and identifiable users; (2) the amount of the fee sufficient to cover the full cost of the service or thing of value; (3) whether the agency has timely and reliable cost data to determine such amount; (4) the extent to which the fee will fully or partially recover costs; (5) whether the fee structure should include exemptions or reduced fees; (6) whether the fee should be set as a percentage or as a fixed dollar amount; (7) how the fee will be structured to cover the intended share of the cost over time; and (8) whether fee collections are projected to change over time in relation to the cost of the service or thing of value.
Requires the OMB Director, by December 1 of each such year, to compile and transmit such reports to specified congressional committees and to identify any recommendations with which the Director does not agree. | {"src": "billsum_train", "title": "To amend title 31, United States Code, to require each agency Chief Financial Officer to submit to the Office of Management and Budget a report on and recommendations concerning the adjustment or reduction of fees imposed by the agency for services and things of value it provides."} | 908 | 326 | 0.692134 | 2.182347 | 0.813588 | 4.449045 | 2.920382 | 0.901274 |
SECTION 1. RENEWABLE FUEL CONTENT OF GASOLINE.
(a) Calendar Years From 2012 to 2025.--Clause (i) of section
211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended
by striking ``2006 through 2012'' in each place it appears and
inserting ``2006 through 2025'' and by adding the following new table
at the end thereof:
``Applicable volume of renewable Calendar
fuel (in billions of gallons): year:
8.9.................................................... 2013
10.3................................................... 2014
11.7................................................... 2015
12.1................................................... 2016
13.5................................................... 2017
14.9................................................... 2018
16.3................................................... 2019
17.7................................................... 2020
19.4................................................... 2021
20.8................................................... 2022
22.2................................................... 2023
23.6................................................... 2024
25..................................................... 2025''.
(b) Calendar Years After 2025.--Section 211(o)(2)(B) of such Act is
amended by striking clauses (ii) through (iv) and inserting the
following:
``(ii) Calendar years after 2025.--For the
purposes of subparagraph (A), for calendar
years after 2025 the applicable volume shall be
equal to the product obtained by multiplying
subclause (I) by subclause (II) of this clause.
``(I) The number of gallons of
gasoline that the Administrator
estimates will be sold or introduced
into commerce in the calendar year
concerned.
``(II) The ratio that
25,000,000,000 gallons bears to the
number of gallons of gasoline sold or
introduced into commerce in calendar
year 2025''.
(c) Credit for 85 Percent Ethanol Blend.--Section 211(o)(4) of such
Act is amended by inserting ``or 85 percent ethanol blend'' in the
heading before the period and by adding the following at the end
thereof ``For the purposes of paragraph (2), 1 gallon of a fuel blend
containing 85 percent ethanol and 15 percent gasoline shall be
considered to be the equivalent of 1.5 gallons of renewable fuel.''.
(d) Conforming Amendments.--Paragraph (3) and (6) of section 211(o)
of such Act are each amended by striking ``2011'' and ``2012'' in each
place it appears and inserting ``2024'' and ``2025'' respectively.
SEC. 2. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
Title III of the Energy Policy Act of 1992 is amended by striking
section 306 (42 U.S.C. 13215) and inserting the following:
``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL
PURCHASING REQUIREMENT.
``(a) Ethanol-Blended Gasoline.--The head of each Federal agency
shall ensure that, in areas in which ethanol-blended gasoline is
reasonably available at a generally competitive price, the Federal
agency purchases ethanol-blended gasoline containing at least 10
percent ethanol rather than nonethanol-blended gasoline, for use in
vehicles used by the agency that use gasoline.
``(b) Biodiesel.--
``(1) Definition of biodiesel.--In this subsection, the
term `biodiesel' has the meaning given the term in section
312(f).
``(2) Requirement.--The head of each Federal agency shall
ensure that the Federal agency purchases, for use in fueling
fleet vehicles that use diesel fuel used by the Federal agency
at the location at which fleet vehicles of the Federal agency
are centrally fueled, in areas in which the biodiesel-blended
diesel fuel described in subparagraphs (A) and (B) is available
at a generally competitive price--
``(A) as of the date that is 5 years after the date
of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 2 percent biodiesel,
rather than nonbiodiesel-blended diesel fuel; and
``(B) as of the date that is 10 years after the
date of enactment of this paragraph, biodiesel-blended
diesel fuel that contains at least 20 percent
biodiesel, rather than nonbiodiesel-blended diesel
fuel.
``(3) Requirement of federal law.--The provisions of this
subsection shall not be considered a requirement of Federal law
for the purposes of section 312.
``(c) Exemption.--This section does not apply to fuel used in
vehicles excluded from the definition of `fleet' by subparagraphs (A)
through (H) of section 301(9).''.
SEC. 3. REAUTHORIZATION OF DEPARTMENT OF AGRICULTURE BIOENERGY PROGRAM.
(a) Reauthorization.--Subsection (c) of section 9010 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended by
striking paragraph (2) and inserting the following new paragraph:
``(2) $140,000,000 for each of fiscal years 2007 through
2015.''.
(b) Funding Priorities.--Such section is further amended--
(1) by redesignating subsection (c), as amended by
subsection (a), as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Contract Priorities.--In entering into contracts under this
section, the Secretary shall give priority to eligible producers
participating in bioenergy initiatives involving--
``(1) the production of cellulosic ethanol, including how
to make it more cost effective; and
``(2) the production of hydrogen using ethanol
technology.''.
SEC. 4. 7-YEAR DEPRECIATION OF ETHANOL AND BIODIESEL REFINING PROPERTY.
(a) In General.--Subparagraph (C) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 7-year property) 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 ethanol or biodiesel refining
property.''.
(b) Ethanol or Biodiesel Refining Property.--Section 168(i) of such
Code is amended by adding at the end the following new paragraph:
``(18) Ethanol or biodiesel refining property.--The term
`ethanol and biodiesel refining property' means--
``(A) property used to produce biodiesel (as
defined in section 40A(d)(1)), and
``(B) property used to produce ethanol other than
from petroleum, natural gas, or coal (including
lignite).''.
(c) Alternative Depreciation System.--The table contained in
section 168(g)(3)(B) of such Code (relating to special rule for certain
property assigned to classes) is amended by inserting after the item
relating to subparagraph (C)(iv) the following new item:
``(C)(v)................................................... 7''.
(d) Alternative Minimum Tax.--Subparagraph (B) of section 56(a)(1)
of such Code is amended by striking ``section 168(e)(3)(C)(iv)'' and
inserting ``clause (iv) or (v) of section 168(e)(3)(C)''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before such date, or, in the case of
self-constructed property, has started construction on or
before such date.
SEC. 5. STREAMLINED PERMITTING.
The Secretary of Energy shall undertake a study to evaluate current
permitting requirements applicable to the construction of new petroleum
industry facilities (including refineries, pipelines, and related
facilities). The study shall identify the problems and identify
improvements. The Secretary shall submit a report the Congress
containing the results of the study.
SEC. 6. EXTENSION AND EXPANSION OF TAX INCENTIVES FOR RENEWABLE FUELS.
(a) Alternative Technology Vehicle Credit.--
(1) Extension.--Subsection (j) of section 30B of the
Internal Revenue Code of 1986 (relating to alternative motor
vehicle credit) is amended to read as follows:
``(j) Termination.--This section shall not apply to any property
purchased after December 31, 2014.''.
(2) Increased credit for certain hybrid-flexible fuel
vehicles.--
(A) In general.--Subsection (a) of section 30B of
such Code is amended by striking ``and'' at the end of
paragraph (3), by striking paragraph (4), and by
inserting after paragraph (3) the following new
paragraphs:
``(4) the new flexible fuel hybrid motor vehicle credit
determined under subsection (e), and
``(5) the new qualified alternative fuel motor vehicle
credit determined under subsection (f).''.
(B) New flexible fuel hybrid motor vehicle
credit.--Section 30B of such Code is amended by
redesignating subsections (e) through (j) as
subsections (f) through (k), respectively, and by
inserting after subsection (d) the following new
subsection:
``(e) New Flexible Fuel Hybrid Motor Vehicle Credit.--
``(1) In general.--For purposes of subsection (a), the new
flexible fuel hybrid motor vehicle credit determined under this
subsection for the taxable year is the credit amount determined
under paragraph (2) with respect to a new hybrid flexible fuel
motor vehicle placed in service by the taxpayer during the
taxable year.
``(2) Credit amount.--
``(A) In general.--The credit amount determined
under this paragraph shall be determined in accordance
with the following table:
``In the case of a vehicle the city
fuel economy of which
(expressed as a percentage of
the city fuel economy of the
comparable vehicle referred The credit
to in paragraph (3)(B)) is-- amount is--
At least 125 percent but less than 150 percent......... $1,500
At least 150 percent but less than 175 percent......... $2,000
At least 175 percent but less than 200 percent......... $2,500
At least 200 percent but less than 225 percent......... $3,000
At least 225 percent................................... $3,500.
``(B) Fuel economy.--For purposes of subparagraph
(A), the city fuel economy of the vehicle for which the
credit is being determined shall be determined on a E-
85 ethanol gallon equivalent basis (as determined by
the Administrator of the Environmental Protection
Agency), and the city fuel economy of the comparable
vehicle referred to in paragraph (3)(B) shall be
determined on a gasoline gallon equivalent basis (as so
determined).
``(3) New flexible fuel hybrid motor vehicle.--For purposes
of this subsection, the term `new flexible fuel hybrid motor
vehicle' means a new qualified hybrid motor vehicle--
``(A) which is capable of operating on an
alternative fuel, on gasoline, and on any blend
thereof, and
``(B) which is certified by the Administrator of
the Environmental Protection Agency, in consultation
with the manufacturer, to have achieved a city fuel
economy using E-85 ethanol which is at least 125
percent of the city fuel economy of a comparable
vehicle that is a nonhybrid internal combustion vehicle
fueled by gasoline.
``(4) Coordination with subsection (d).--Subsection (d)
shall not apply to any motor vehicle for which credit is
allowed under this subsection.''.
(C) Vehicles included in numeric limitation.--
Paragraph (1) of section 30B(g) of such Code, as
redesignated by subparagraph (A), is amended by
striking ``or (d)'' and inserting ``, (d), or (e)''.
(D) Conforming amendments.--
(i) Subparagraph (A) of section 30B(i)(5)
of such Code, as so redesignated, is amended by
striking ``subsection (e)'' and inserting
``subsection (f)''.
(ii) Paragraph (6) of section 30B(i) of
such Code, as so redesignated, is amended by
striking ``subsection (g)'' and inserting
``subsection (h)''.
(iii) Subsection (b) of section 38 of such
Code is amended by striking ``section
30B(g)(1)'' and inserting ``section
30B(h)(1)''.
(iv) Paragraph (36) of section 1016(a) of
such Code is amended by striking ``section
30B(h)(4)'' and inserting ``section
30B(i)(4)''.
(b) Alternative Fuel Vehicle Refueling Property Credit.--
(1) Extension.--Subsection (g) of section 30C of such Code
is amended to read as follows:
``(g) Termination.--This section shall not apply to any property
placed in service after December 31, 2024.''.
(2) Increase.--Subsection (a) of section 30C of such Code
is amended to read as follows:
``(a) Credit Allowed.--There shall be allowed as a credit against
the tax imposed by this chapter for the taxable year an amount equal to
the applicable percentage of the cost of any qualified alternative fuel
vehicle refueling property placed in service by the taxpayer during the
taxable year.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is--
``In the case of taxable years The applicable
beginning during: percentage is:
2006 through 2010............................. 75 percent
2011 through 2015............................. 50 percent
2016 through 2024............................. 25 percent.''.
(c) Volumetric Excise Tax Credit for Alternative Fuels; Alternative
Fuel Mixture Credit.--
(1) Volumetric excise tax credit.--Paragraph (4) of section
6426(d) of such Code is amended to read as follows:
``(4) Termination.--This subsection shall not apply to any
sale or use after September 30, 2014.''.
(2) Alternative fuel mixture credit.--Paragraph (3) of
section 6426(e) of such Code is amended to read as follows:
``(3) Termination.--This subsection shall not apply to any
sale or use for any period after September 30, 2014.''.
(3) Conforming amendment.--Paragraph (5) of section 6427(e)
of such Code is amended by adding ``and'' at the end of
subparagraph (B), by striking subparagraphs (C) and (D) and
inserting the following new subparagraph:
``(C) any alternative fuel or alternative fuel
mixture (as defined in subsection (d)(2) or (e)(3) of
section 6426) sold or used after September 30, 2014.''.
(d) Biodiesel Producer Credit.--Subsection (g) of section 40A of
such Code is amended by striking ``December 31, 2008'' and inserting
``December 31, 2024''.
(e) Small Ethanol Producer Credit.--Paragraph (1) of section 40(e)
of such Code is amended by adding at the end the following flush
sentence:
``In the case of the small ethanol producer credit under
subsection (a)(3), the preceding sentence shall be applied by
substituting `December 31, 2024' for `December 31, 2010' and by
substituting `January 1, 2025' for `January 1, 2016'.''. | Amends the Clean Air Act to extend to 2025 certain requirements increasing the applicable volume of renewable fuel in gasoline.
Amends the Energy Policy Act of 1992 to require the head of each federal agency to ensure that, in areas in which ethanol-blended gasoline is reasonably available at a generally competitive price, the agency purchases such gasoline with at least 10% ethanol, rather than nonethanol-blended gasoline, for its vehicles that use gasoline.
Amends the Farm Security and Rural Investment Act of 2002 to: (1) authorize appropriations for FY2007-FY2015 to the Department of Agriculture bioenergy program; and (2) direct the Secretary of Agriculture to give priority to production of both cellulosic ethanol, and hydrogen using ethanol technology.
Amends the Internal Revenue Code to make ethanol and biodiesel refining property eligible for 7-year depreciation.
Creates a new flexible fuel hybrid motor vehicle income tax credit.
Extends: (1) the alternative technology vehicle credit through calendar 2014; (2) the alternative fuel vehicle refueling property credit through calendar 2024; (3) the volumetric excise tax credit for alternative fuels and the alternative fuel mixture credit through FY2014; and (6) the biodiesel producer credit and the small ethanol producer credit through calendar 2024. | {"src": "billsum_train", "title": "To increase the renewable fuel content of gasoline sold in the United States by the year 2025 to 25 billion gallons, to require Federal agencies to use ethanol and biodiesel in government vehicles, and for other purposes."} | 3,643 | 280 | 0.379186 | 0.967568 | 0.637253 | 3.723849 | 12.90795 | 0.920502 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chronic Wasting Disease Support for
States Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chronic wasting disease.--The term ``chronic wasting
disease'' means the animal disease afflicting deer and elk
that--
(A) is a transmissible disease of the nervous
system resulting in distinctive lesions in the brain;
and
(B) belongs to the group of diseases known as
transmissible spongiform encephalopathies, which group
includes scrapie, bovine spongiform encephalopathy, and
Cruetzfeldt-Jakob disease.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 3. FINDINGS.
Congress finds the following:
(1) Pursuant to State and Federal law, the States retain
primacy and policy-making authority with regard to wildlife
management, and nothing in this Act interferes with or
otherwise affects the primacy of the States in managing
wildlife generally, or managing, surveying, and monitoring the
incidence of chronic wasting disease.
(2) Chronic wasting disease, the fatal neurological disease
found in cervids, is a fundamental threat to the health and
vibrancy of deer and elk populations, and the increased
occurrence of chronic wasting disease in regionally diverse
locations in recent months necessitates an escalation in
research, surveillance, monitoring, and management activities
focused on containing and managing this lethal disease.
(3) As the States move to manage existing levels of chronic
wasting disease and insulate noninfected wild and captive
cervid populations from the disease, the Federal Government
should endeavor to provide integrated and holistic financial
and technical support to these States.
(4) Relevant Federal agencies should provide consistent,
coherent, and integrated support structures and programs for
the benefit of State wildlife and agricultural administrators,
as chronic wasting disease can move freely between captive and
wild cervids across the broad array of Federal, State, tribal,
and local land management jurisdictions.
(5) The Secretary of the Interior, the Secretary of
Agriculture, and other affected Federal authorities can provide
consistent, coherent, and integrated support systems under
existing legal authorities.
TITLE I--DEPARTMENT OF THE INTERIOR ACTIVITIES
SEC. 101. NATIONAL DATABASE REGARDING CHRONIC WASTING DISEASE.
(a) Information Repository.--The Secretary of the Interior, acting
through the United States Geological Survey and using existing
authorities, shall establish and maintain the official national
database for--
(1) surveillance and monitoring data regarding chronic
wasting disease in both wild and captive cervid populations and
other wildlife that is collected by the Department of the
Interior, the Department of Agriculture, other Federal
agencies, foreign governments, Indian tribes, and State
agencies assisted under this Act; and
(2) other relevant information regarding chronic wasting
disease received from other sources, including cooperation with
foreign governments.
(b) Information Source.--The national database shall be available
as a resource for--
(1) Federal and State agencies, Indian tribes, and foreign
governments attempting to manage and control chronic wasting
disease;
(2) institutions of higher education and other public or
private research entities conducting research regarding chronic
wasting disease; and
(3) cooperating international wildlife authorities.
(c) Relationship to Department of Agriculture Information
Collection.--The data collected by the Department of Agriculture under
title II shall be placed in the national database.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $1,500,000 to establish
and maintain the national database. Funds appropriated pursuant to this
authorization of appropriations shall remain available until expended.
SEC. 102. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN WILD HERDS OF DEER AND ELK.
(a) Program Development.--Using existing authorities, the Secretary
of the Interior, acting through the United States Geological Survey,
shall develop a national surveillance and monitoring program to
identify--
(1) the rate of chronic wasting disease infection in wild
herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Implementation.--The Secretary of the Interior shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for wild herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for wild herds, the Secretary of the Interior shall consult and
cooperate with State and tribal agencies responsible for managing and
controlling chronic wasting disease.
(d) Coordination.--The Secretary of the Interior, in cooperation
with the Secretary of Agriculture, shall establish uniform standards
for the collection and assessment of samples and data derived from the
surveillance and monitoring program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to establish
and support the surveillance and monitoring program. Funds appropriated
pursuant to this authorization of appropriations shall remain available
until expended.
SEC. 103. SUPPORT FOR STATE EFFORTS TO MANAGE AND CONTROL CHRONIC
WASTING DISEASE.
(a) Availability of Assistance.--The Secretary of the Interior,
acting through the United States Geological Survey, shall allocate
funds appropriated to carry out this section directly to the State or
tribal agency responsible for wildlife management for a State or Indian
tribe that petitions the Secretary for a portion of such funds to
develop and implement management strategies to address chronic wasting
disease on lands administered by the State or Indian tribe.
(b) Funding Priorities.--In determining the amounts to be allocated
to States and Indian tribes under subsection (a), the Secretary of the
Interior shall give priority to States and Indian tribes based on the
following criteria:
(1) Relative scope of incidence of chronic wasting disease
on lands administered by the State or Indian tribe, with
priority given to those States and Indian tribes with the
highest incidence of the disease.
(2) State or tribal expenditures on chronic wasting disease
management, monitoring, surveillance, and research, with
priority given to those States and Indian tribes that have
shown the greatest financial commitment to managing,
monitoring, surveying, and researching chronic wasting disease.
(3) Comprehensive and integrated State or tribal policies
and programs focused on chronic wasting disease management
between involved State or tribal wildlife and agricultural
agencies, with priority given to those States and Indian tribes
that have integrated the programs and policies of all involved
agencies related to chronic wasting disease management.
(4) Rapid response to new outbreaks of chronic wasting
disease, whether occurring in areas in which chronic wasting
disease is already found or areas with first infections, with
the intent of containing the disease in any new area of
infection.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $10,000,000 to support
State and tribal efforts to manage and control chronic wasting disease.
Funds appropriated pursuant to this authorization of appropriations
shall remain available until expended.
SEC. 104. EXPANSION OF UNITED STATES GEOLOGICAL SURVEY RESEARCH.
(a) Expansion.--The Secretary of Interior, acting through the
United States Geological Survey, shall expand and accelerate research
on chronic wasting disease, including research regarding detection of
chronic wasting disease, genetic resistance, tissue studies, and
environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior $3,000,000 to carry out
subsection (a). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
TITLE II--DEPARTMENT OF AGRICULTURE ACTIVITIES
SEC. 201. SURVEILLANCE AND MONITORING PROGRAM REGARDING PRESENCE OF
CHRONIC WASTING DISEASE IN CAPTIVE HERDS OF DEER AND ELK.
(a) Program Development.--The Secretary of Agriculture, acting
through the Animal and Plant Health Inspection Service, shall develop a
surveillance and monitoring program to identify--
(1) the rate of chronic wasting disease infection in
captive herds of deer and elk;
(2) the cause and extent of the spread of the disease; and
(3) potential reservoirs of infection and vectors promoting
the spread of the disease.
(b) Implementation.--The Secretary of Agriculture shall provide
financial and technical assistance to States and Indian tribes to
implement the surveillance and monitoring program for captive herds.
(c) Cooperation.--In developing the surveillance and monitoring
program for captive herds, the Secretary of Agriculture shall cooperate
with State and tribal agencies responsible for managing and controlling
chronic wasting disease.
(d) Coordination.--The Secretary of Agriculture, in cooperation
with the Secretary of the Interior, shall establish uniform standards
for the collection and assessment of samples and data derived from the
surveillance and monitoring program.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,000,000 to establish
and support the surveillance and monitoring program. Funds appropriated
pursuant to this authorization of appropriations shall remain available
until expended.
SEC. 202. EXPANSION OF DIAGNOSTIC TESTING CAPACITY.
(a) Purpose.--Diagnostic testing of samples collected under the
surveillance and monitoring programs regarding chronic wasting disease
conducted by the Federal Government and States and Indian tribes,
including the programs required by sections 102 and 201, will continue
to be conducted by National Veterinary Services Laboratories of the
Animal and Plant Health Inspection Service and laboratories approved by
the National Veterinary Services Laboratories, but current laboratory
capacity is inadequate to process the anticipated sample load.
(b) Upgrading of Federal Facilities.--The Secretary of Agriculture
shall provide for the upgrading of Federal laboratories to facilitate
the timely processing of samples from the surveillance and monitoring
programs required by sections 102 and 201 and related epidemiological
investigation in response to the results of such processing.
(c) Upgrading of Certified Laboratories.--Using the grant authority
provided under section 2(d) of the Competitive, Special and Facilities
Research Grant Act (7 U.S.C. 450i(d)), the Secretary of Agriculture
shall make grants to provide for the upgrading of laboratories to be
certified by the Secretary to facilitate the timely processing of
samples from the surveillance and monitoring programs required by
sections 102 and 201 and related epidemiological investigation in
response to the results of such processing.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $2,500,000 to carry out
this section. Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 203. EXPANSION OF AGRICULTURAL RESEARCH SERVICE RESEARCH.
(a) Expansion.--The Secretary of Agriculture, acting through the
Agricultural Research Service, shall expand and accelerate research on
chronic wasting disease, including research regarding detection of
chronic wasting disease, genetic resistance, tissue studies, and
environmental studies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $1,000,000 to carry out
subsection (a). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
SEC. 204. EXPANSION OF COOPERATIVE STATE RESEARCH, EDUCATION AND
EXTENSION SERVICE SUPPORTED RESEARCH AND EDUCATION.
(a) Research Efforts.--The Secretary of Agriculture, acting through
the Cooperative State Research, Education and Extension Service, shall
expand the grant program regarding research on chronic wasting disease.
(b) Educational Efforts.--The Secretary of Agriculture shall
provide educational outreach regarding chronic wasting disease to the
general public, industry and conservation organizations, hunters, and
interested scientific and regulatory communities.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Agriculture $4,000,000 to carry out
this section. Of the funds so appropriated, 75 percent shall be used to
carry out subsection (a) and 25 percent shall be used to carry out
subsection (b). Funds appropriated pursuant to this authorization of
appropriations shall remain available until expended.
TITLE III--GENERAL PROVISIONS
SEC. 301. RULEMAKING.
(a) Joint Rulemaking.--To ensure that the surveillance and
monitoring programs and research programs required by this Act are
compatible and that information collection is carried out in a manner
suitable for inclusion in the national database required by section
101, the Secretary of the Interior and the Secretary of Agriculture
shall jointly promulgate rules to implement this Act.
(b) Procedure.--Due to the serious consequences of an unchecked
chronic wasting disease epidemic, prompt implementation of this Act is
required. The promulgation of the rules under subsection (a) shall be
made without regard to--
(1) chapter 35 of title 44, United States Code (commonly
know as the ``Paperwork Reduction Act'');
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) the notice and comment provisions of section 553 of
title 5, United States Code.
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary of the Interior and the Secretary of
Agriculture shall use the authority provided under section 808 of title
5, United States Code.
(d) Relation to Other Rulemaking.--The requirement for joint
rulemaking shall not be construed to require any delay in the
promulgation by the Secretary of Agriculture of rules regarding the
interstate transportation of captive deer or elk or any other rule by
the Secretary of Agriculture or the Secretary of the Interior regarding
chronic wasting disease proposed before the date of the enactment of
this Act. | Chronic Wasting Disease Support for States Act of 2002 - Defines "chronic wasting disease" as a transmissible disease of the nervous system afflicting deer and elk.Directs the Secretary of the Interior to establish and maintain the official national database for surveillance and monitoring data regarding chronic wasting disease. Makes the database available to Federal and State agencies, Indian tribes, foreign governments, institutions of higher education, and international wildlife authorities.Directs the Secretary of the Interior (through the U.S. Geological Survey) and the Secretary of Agriculture (through the Animal and Plant Health Inspection Service) to develop surveillance and monitoring programs to identify: (1) the rate of infection; (2) the cause and extent of the spread of the disease; and (3) areas promoting spread of the disease. Requires the Secretaries to cooperate with State and tribal agencies in developing the monitoring programs. Authorizes the Secretaries to establish standards for the collection and assessment of data.Directs the Secretary of the Interior to allocate funds to State and tribal agencies for developing and implementing disease management strategies based upon: (1) the relative scope of incidence of the disease; (2) expenditures on disease management; (3) comprehensive and integrated programs for disease management between wildlife and agricultural agencies; and (4) rapid response to outbreaks.Directs the Secretary of the Interior (through the U.S. Geological Survey) to expand and accelerate research on the disease.Directs the Secretary of Agriculture: (1) to provide for the upgrading of Federal laboratories approved to process samples from the surveillance and monitoring programs; and (2) expand and accelerate research on the disease through the Agricultural Research Service and Cooperative State Research grant programs. | {"src": "billsum_train", "title": "To provide for a multi-agency cooperative effort to encourage further research regarding the causes of chronic wasting disease and methods to control the further spread of the disease in deer and elk herds, to monitor the incidence of the disease, to support State efforts to control the disease, and for other purposes."} | 3,153 | 351 | 0.625356 | 2.166179 | 0.870944 | 4.121495 | 8.479751 | 0.943925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Investment Recovery Act of
2000''.
SEC. 2. RECOUPMENT REQUIREMENT.
Each transaction entered into by an agency of the Federal
Government under which Federal support is provided for research and
development which leads or may lead to the production and sale of a
pharmaceutical, biologic, or genetic product shall include provisions
requiring that payments described in section 4 shall be paid annually
to the Federal agency for deposit in the Public Investment Recovery
Trust Fund established under section 6.
SEC. 3. PUBLIC INVESTMENT RECOVERY BOARD.
(a) Establishment.--There shall be established a Public Investment
Recovery Board, consisting of--
(1) a chairperson, who shall be an employee of the National
Science Foundation appointed by the Director of the National
Science Foundation;
(2) a representative of the Internal Revenue Service;
(3) a representative of the Food and Drug Administration;
(4) a representative of the Department of the Treasury;
(5) a representative of the National Institutes of Health;
(6) a representative of the Office of Science and
Technology Policy; and
(7) 3 nonvoting members appointed under subsection (b)(1).
(b) Nonvoting Members.--
(1) Appointment.--The President shall appoint 3 nonvoting
members to the Board from among appropriate nonprofit
scientific and medical societies, such as the American
Association of Medical Colleges, the American Pharmaceutical
Association, and the Biotechnology Industry Organization. The
President shall seek to ensure broad representation of
appropriate points of view in making appointments under this
paragraph.
(2) Terms.--Members appointed under paragraph (1) shall
serve 3-year terms, except that of the initial appointments 1
member shall be appointed to a 1-year term and 1 member shall
be appointed to a 2-year term.
(3) Compensation.--Members appointed under this subsection
shall receive no compensation for service on the Board.
(c) Functions.--The Board shall--
(1) determine, for purposes of section 4(a), the total
amount of profits that have been received with respect to a
pharmaceutical, biologic, or genetic product, including profits
received by a person not a party to the transaction with the
Federal agency; and
(2) make calculations under section 5 of the proportion of
Federal support for research and development which lead to the
production and sale of a pharmaceutical, biologic, or genetic
product.
(d) Administrative Support.--The National Science Foundation shall
provide necessary administrative support for the Board and its staff.
SEC. 4. AMOUNT OF PAYMENT REQUIRED.
(a) General Rule.--Except as provided in subsection (b), the amount
that shall be required to be paid under section 2 to a Federal agency
shall be equal to the total amount of profits determined by the Board
under section 3(c)(1) to have been received with respect to the
pharmaceutical, biologic, or genetic product up to the time of payment,
multiplied by the percentage calculated by the Board under section 5.
(b) Limitation.--No annual payment shall be required under this Act
that exceeds 20 percent of the profits determined by the Board to have
been received during the year for which the payment is made.
(c) Expiration of Requirement.--The requirement to make payments
under this Act shall expire on the expiration of the initial patent
issued for the pharmaceutical, biologic, or genetic product.
SEC. 5. CALCULATION OF PERCENTAGE.
The Board shall calculate, for each pharmaceutical, biologic, or
genetic product sold for which Federal support was provided through a
transaction described in section 2, the percentage that Federal support
represents of the total research and development that supported the
production and sale of the product.
SEC. 6. PUBLIC INVESTMENT RECOVERY TRUST FUND.
(a) Establishment.--The Secretary of the Treasury shall establish
an account in the Treasury to be known as the ``Public Investment
Recovery Trust Fund'', into which shall be deposited all payments
received by the Federal Government pursuant to this Act.
(b) Purposes.--Amounts in the Trust Fund may be used, to the extent
provided in advance in appropriations Acts, for the following purposes:
(1) Not more than 2 percent may be used by the Food and
Drug Administration or the National Institutes of Health to
support research on the comparative efficiency and
effectiveness of pharmaceutical, biologic, or genetic products
and the reporting thereof.
(2) Not more than--
(A) 20 percent, in each of the first 5 fiscal years
after the date of the enactment of this Act; and
(B) 3 percent, in subsequent fiscal years,
may be used to help pay the administrative expenses of carrying
out this Act.
(3) Not more than 20 percent may be used by the National
Institutes of Health to support pharmaceutical, biologic, or
genetic research and development, unless no Medicare
prescription drug benefit has been enacted by the Congress, in
which case the remainder of the funds in the Trust Fund may be
used for the purpose under this paragraph.
(4) If a Medicare prescription drug benefit has been
enacted by the Congress, the remainder of the funds in the
Trust Fund shall be used for financing such prescription drug
benefit, except that any amounts available in the Trust Fund in
excess of amounts required for financing such prescription drug
benefit may be used for the purpose stated in paragraph (3).
SEC. 7. DEFINITIONS.
In this Act--
(1) the term ``Board'' means the Public Investment Recovery
Board established under section 3;
(2) the term ``Federal support'' includes direct Federal
research and development funding support, the cost of research
and development conducted by the Federal Government and used in
support of the production and sale of a product, and the
relevant proportion of Federal funding support for any
nonprofit organization conducting research and development that
is used in support of the production and sale of a product; and
(3) the term ``pharmaceutical, biologic, or genetic
product'' has the meaning given the term ``covered outpatient
drug'' under section 1927(k)(2) of the Social Security Act (42
U.S.C. 1396r-8(k)(2)). | Establishes a Public Investment Recovery Board to: (1) determine the total amount of profits for such a product; and (2) make calculations as required by this Act of the proportion of Federal support for research and development which lead to the production and sale of such a product. Prescribes a formula for determining the percentage of profits required to be paid.
Provides for the expiration of payments on the expiration of the initial patent issued for such product.
Allows: (1) not more than two percent of amounts in the Trust Fund to be used by the Food and Drug Administration or the National Institutes of Health (NIH) to support research and reports on the comparative efficiency and effectiveness of such products; (2) not more than 20 percent of amounts in the Trust Fund in the first five fiscal years after the enactment of this Act, and three percent in subsequent fiscal years, to be used to help pay the administrative expenses of carrying out this Act; and (3) not more than 20 percent of amounts in the Trust Fund to be used by NIH to support pharmaceutical, biologic, or genetic research and development, unless no Medicare prescription drug benefit has been enacted, in which case the remainder of the funds in such Fund may be used for a purpose authorized by this Act. Requires the remainder of such funds, if such a drug benefit has been enacted, to be used for the financing of such a benefit. | {"src": "billsum_train", "title": "Public Investment Recovery Act of 2000"} | 1,318 | 301 | 0.581316 | 1.814638 | 0.723961 | 4.146953 | 4.537634 | 0.949821 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.