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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration Preinspection Act of
1993''.
SEC. 2. PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--The Immigration and Nationality Act is amended by
inserting after section 235 the following new section:
``preinspection at foreign airports
``Sec. 235A. (a) Establishment of Additional Preinspection Stations
at High Volume Airports.--Subject to subsection (c), not later than 2
years after the date of the enactment of this section, the Attorney
General, in consultation with the Secretary of State, shall establish
and maintain preinspection stations in at least 3 of the foreign
airports that are among the 10 foreign airports which the Attorney
General identifies as serving as last points of departure for the
greatest numbers of passengers who arrive from abroad by air at ports
of entry within the United States. Such preinspection stations shall be
in addition to any preinspection stations established or authorized to
be established prior to the date of the enactment of this section.
``(b) Establishment of Additional Preinspection Stations at Certain
Foreign Airports From Which Undocumented Aliens Depart for the United
States.--
``(1) Reports to congress.--Not later than November 1,
1993, and each subsequent November 1, the Attorney General
shall compile and submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary
of the Senate a report identifying the foreign airports which
served as last points of departure for aliens who arrived by
air at United States ports of entry without valid documentation
during the preceding fiscal year. Such report shall indicate
the number and nationality of such aliens arriving from each
such foreign airport.
``(2) Establishment of additional preinspection stations.--
Subject to subsection (c), not later than November 1, 1995, the
Attorney General, in consultation with the Secretary of State,
shall establish preinspection stations in at least 3 of the
foreign airports that are among the 10 foreign airports
identified in the first report submitted under paragraph (1) as
serving as the last points of departure for the greatest number
of aliens who arrive from abroad by air at points of entry
within the United States without valid documentation. Such
preinspection stations shall be in addition to any
preinspection stations established or authorized to be
established either under subsection (a) or prior to the date of
the enactment of this section.
``(3) Establishment of carrier consultant program.--The
Attorney General shall assign additional immigration officers
to any foreign airport identified in the first report submitted
under paragraph (1) which served as a point of departure for a
significant number of arrivals at United States ports of entry
without valid documentation, but where no preinspection station
is established.
``(c) Conditions for Establishment of Preinspection.--Prior to the
establishment of a preinspection station the Attorney General, in
consultation with the Secretary of State, shall ensure that--
``(1) employees of the United States stationed at the
preinspection station and their accompanying family members
will receive appropriate protection,
``(2) such employees and their families will not be subject
to unreasonable risks to their welfare and safety, and
``(3) the country in which the preinspection station is to
be established maintains practices and procedures with respect
to asylum seekers and refugees in accordance with the
Convention Relating to the Status of Refugees (done at Geneva,
July 28, 1951) or the Protocol Relating to the Status of
Refugees (done at New York, January 31, 1967).''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 235 the
following new item:
``Sec. 235A. Preinspection at foreign airports.''.
SEC. 3. VISA WAIVER PROGRAM.
(a) Permanency of Program.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(1) by amending the section heading to read as follows:
``visa waiver program for certain visitors'';
(2) in the heading of subsection (a), (a)(2), and (c) by
striking ``Pilot'' and ``pilot'' each place either appears and
inserting ``Visa Waiver'' and ``visa waiver'', respectively;
(3) by striking ``pilot'' each place it appears and
inserting ``visa waiver'';
(4) in subsection (a)(1) by striking ``during the pilot
program period (as defined in subsection (e)),'';
(5) in subsection (c)(3) by striking ``(within the pilot
program period) after the initial period'';
(6) in subsection (c) by striking paragraph (4);
(7) in subsection (e)(1)(A) by striking ``(a)(1)(A)'' and
inserting ``(a)(1)''; and
(8) by striking subsection (f).
(b) Elimination of Requirement for Execution of Immigration
Forms.--Section 217 of such Act is further amended--
(1) in subsection (a) by striking paragraph (3);
(2) in subsection (a) by redesignating paragraphs (4)
through (7) as paragraphs (3) through (6); and
(3) in subsection (e)(1) by striking ``subsection (a)(4)''
and inserting ``subsection (a)(3)''.
(c) Exclusion and Deportation of Applicants for Admission Under
Visa Waiver Program.--Section 217(b) of such Act is amended to read as
follows:
``(b) Exclusion and Deportation of Applicants for Admission under
Visa Waiver Program.--
``(1) Exclusion.--
``(A) An immigration officer's determination that
an applicant for admission under this section is not
clearly and beyond a doubt entitled to land shall
constitute a final order of exclusion and deportation,
enforceable pursuant to section 237. Pending such a
determination, the Attorney General may maintain such
applicant in custody.
``(B) The procedure described in section 236 shall
not apply to an order issued under this paragraph.
``(2) Deportation.--
``(A) Notwithstanding any other provision of law,
an alien admitted to the United States under this
section who is determined, pursuant to such regulations
as the Attorney General shall prescribe, to be subject
to deportation shall be deported pursuant to section
243. An immigration officer's determination under this
subsection shall constitute a final order of
deportation. Pending such determination, the Attorney
General may maintain such alien in custody.
``(B) The procedure described in section 242 shall
not apply to an order issued under this paragraph.
``(3) Review.--Notwithstanding any other provision of law
or the failure of a carrier to provide the notice described in
subsection (e)(1)(D), an alien who applies for admission to the
United States under this section shall not be entitled--
``(A) to review or appeal under this Act of an
immigration officer's determination as to the
admissibility of the alien at the port of entry into
the United States, or
``(B) subject to paragraph (4), to contest an
immigration officer's determination under paragraph
(2).
``(4) Asylum.--The Attorney General shall establish a
procedure for an alien who is applying for admission under this
section or who has been admitted under this section to apply
for asylum under section 208.
``(5) Treatment of Nationals of Visa Waiver Countries.--An
alien who--
``(A) is a national of a visa waiver program
country or claims to be a national of a visa waiver
country, and
``(B) is not in possession of a valid visa, shall
be considered to be an applicant for admission under
this section.''.
(d) Carrier Agreements.--Section 217(e)(1) of such Act is amended--
(1) in subparagraph (B) by striking ``and'';
(2) in subparagraph (C) by striking the period at the end
and inserting ``; and''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) to provide passengers applying for admission
to the United States under this section with written
notification that they are not entitled (i) to any
appeal or review of an immigration officer's
determination of admissibility, or (ii) to contest any
action for deportation.''.
(e) Clerical Amendment.--The item in the table of contents of such
Act relating to section 217 is amended to read as follows:
``Sec. 217. Visa waiver program for certain visitors.''.
SEC. 4. EXPEDITING AIRPORT IMMIGRATION PROCESSING.
(a) Passenger Manifests.--
(1) Electronic passenger manifests.--Section 231(a) of the
Immigration and Nationality Act (8 U.S.C. 1221(a)) is amended
in the first sentence by striking ``typewritten'' and inserting
``electronic, typewritten,''.
(2) Information contained in passenger manifest.--Section
231(a) of such Act (8 U.S.C. 1221(a)) is further amended by
inserting immediately before the period at the end of the
second sentence ``, except that regulations concerning the
information contained in such lists may not require information
other than the full name, date of birth, passport number, and
citizenship of the person transported, and information
identifying the flight on which the person was transported''.
(b) Inspection by Immigration Officers.--Section 235(a) of the
Immigration and Nationality Act (8 U.S.C. 1225(a)) is amended by adding
after the second sentence the following: ``Except as the Attorney
General may provide, nothing in this section shall be construed as
requiring a personal interview in the conduct of an examination or
inspection.''.
(c) Provision of Immigration Inspection and Preinspection
Services.--
(1) In general.--Section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356) is amended--
(A) in subsection (g) by striking ``forty-five''
and inserting ``thirty''; and
(B) in subsection (l)--
(i) by striking ``forty-five'' and
inserting ``thirty''; and
(ii) by striking ``March 31st'' and
inserting ``January 31st''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to passengers arriving on or after 60 days after
the date of the enactment of this Act.
(d) Expedited Process for the Inspection of Citizens.--
(1) In general.--Section 235A of the Immigration and
Nationality Act, as inserted by section 1(a) of this Act, is
amended--
(A) in the heading, by adding at the end the
following: ``; expedited process for the inspection of
citizens'', and
(B) by adding at the end the following new
subsection:
``(d) Expedited Process for the Inspection of
Citizens.--Not later than 90 days after the date of the
enactment of this section, the Attorney General shall
implement an expedited process for the inspection of
United States citizens upon arrival from abroad by air
at ports of entry within the United States. An
expedited process shall be maintained except during a
national or airport specific security emergency as
determined by the Attorney General.''.
(2) Clerical amendment.--The item in the table of contents
of such Act relating to section 235A, as inserted by section
1(b) of this Act, is amended to read as follows:
``Sec. 235A. Preinspection at foreign airports; expedited process for
the inspection of citizens.''. | Immigration Preinspection Act of 1993 - Amends the Immigration and Nationality Act to direct the Attorney General to: (1) establish preinspection stations in at least three of the ten foreign airports identified as last departure points for the greatest numbers of passengers arriving at U.S. entry ports; (2) maintain records of aliens arriving by air at U.S. ports of entry without valid documentation; (3) establish three inspection stations at foreign airports for the purpose of achieving maximum prevention of illegal immigration into the United States; (4) assign additional immigration officers to foreign airports without preinspection stations when significant numbers of aliens without valid documentation depart for the United States; and (5) establish an expedited inspection process for U.S. citizens returning by air from aboard.
Makes the pilot visa waiver program permanent.
Authorizes arriving vessels or aircraft to submit electronic passenger manifests to the Immigration and Naturalization Service.
Reduces the required length of time for the provision of immigration inspection and preinspection services. | {"src": "billsum_train", "title": "Immigration Preinspection Act of 1993"} | 2,721 | 213 | 0.679001 | 1.949731 | 0.880693 | 2.139785 | 12.865591 | 0.827957 |
SECTION 1. TRANSFER BY REGISTERED PIPELINE OR VESSEL REQUIRED FOR FUEL
TAX EXEMPTION OF BULK TRANSFERS TO REGISTERED TERMINALS
OR REFINERIES.
(a) In General.--Section 4081(a)(1)(B) of the Internal Revenue Code
of 1986 (relating to exemption for bulk transfers to registered
terminals or refineries) is amended--
(1) by inserting ``by pipeline or vessel'' after
``transferred in bulk'', and
(2) by inserting ``, the operator of the pipeline or
vessel,'' after ``the taxable fuel''.
(b) Civil Penalty for Carrying Taxable Fuels by Nonregistered
Pipelines or Vessels.--
(1) In general.--Part II of subchapter B of chapter 68 of
the Internal Revenue Code of 1986 (relating to assessable
penalties) is amended by adding at the end the following new
section:
``SEC. 6717. CARRYING TAXABLE FUELS BY NONREGISTERED PIPELINES OR
VESSELS.
``(a) Imposition of Penalty.--If any taxable fuel (as defined in
section 4083(a)(1)) is willfully carried by pipeline or vessel the
operator of which is not registered under section 4101, then such
operator shall pay a penalty in addition to the tax (if any).
``(b) Amount of Penalty.--
``(1) In general.--Except as provided in paragraph (2), the
amount of the penalty under subsection (a) on each act shall be
$10,000.
``(2) Multiple violations.--In determining the penalty
under subsection (a) on any person, paragraph (1) shall be
applied by increasing the amount in paragraph (1) by the
product of such amount and the number of prior penalties (if
any) imposed by this section on such person (or a related
person or any predecessor of such person or related person).
``(c) Joint and Several Liability.--
``(1) In general.--If a penalty is imposed under this
section on any business entity, each officer, employee, or
agent of such entity or other contracting party who willfully
participated in any act giving rise to such penalty shall be
jointly and severally liable with such entity for such penalty.
``(2) Affiliated groups.--If a business entity described in
paragraph (1) is part of an affiliated group (as defined in
section 1504(a)), the parent corporation of such entity shall
be jointly and severally liable with such entity for the
penalty imposed under this section.''.
(2) Clerical amendment.--The table of sections for part II
of subchapter B of chapter 68 of such Code is amended by adding
at the end the following new item:
``Sec. 6717. Carrying taxable fuels by
nonregistered pipelines or
vessels.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2003.
SEC. 2. RETURNS FILED ELECTRONICALLY.
(a) In General.--Section 4083 of the Internal Revenue Code of 1986
(relating to definitions; special rule; administrative authority) is
amended by adding at the end the following new subsection:
``(d) Returns Required To Be Filed Electronically.--
``(1) Fuel.--Any registered operator of a terminal,
refinery, pipeline, or vessel, or any registered dealer in
aviation fuel, having more than 25 transactions in a month
shall file by electronic format any return required by the
Secretary for the tracking of fuel.
``(2) Vehicles.--Any person required to file a return under
section 4481 having at least 25 vehicles shall file such return
by electronic format.''.
(b) Format for Filing.--The Secretary of the Treasury shall
describe the electronic format for filing--
(1) in the case of returns described in section 4083(d)(1)
of the Internal Revenue Code of 1986 (as added by subsection
(a)), not later than 30 days after the date of the enactment of
this Act, and
(2) in the case of returns described in section 4083(d)(2)
of such Code (as so added), not later than 90 days after such
date.
(c) Effective Date.--The amendment made by this section shall apply
to returns due after the date the Secretary of the Treasury describes
the format for filing under subsection (b).
SEC. 3. TAX ON SALE OF DIESEL FUEL WHETHER SUITABLE FOR USE OR NOT IN A
DIESEL-POWERED VEHICLE OR TRAIN.
(a) In General.--Section 4083(a)(3) of the Internal Revenue Code of
1986 (defining diesel fuel) is amended by adding at the end the
following new sentence: ``For purposes of section 4081(a)(1)(A)(iv),
such term includes any liquid (other than gasoline) sold or offered for
sale whether or not such fuel is suitable for such use.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 4. CIVIL PENALTY FOR REFUSAL OF ENTRY.
(a) In General.--Part II of subchapter B of chapter 68 of the
Internal Revenue Code of 1986 (relating to assessable penalties), as
amended by this Act, is amended by adding at the end the following new
section:
``SEC. 6718. REFUSAL OF ENTRY.
``In addition to any criminal penalty provided by law, in the case
of any person with the intent to transport and distribute untaxed,
adulterated fuel mixtures or to transport and distribute dyed diesel
for taxable use, if such person refuses to admit entry or refuses to
permit any other action by the Secretary authorized by section
4083(c)(1), then such person shall pay a penalty of $1,000 for such
refusal.''.
(b) Conforming Amendments.--
(1) Section 4083(c)(3) of the Internal Revenue Code of 1986
is amended--
(A) by striking ``entry.--The penalty'' and
inserting: ``entry.--
``(A) Forfeiture.--The penalty'', and
(B) by adding at the end the following new
subparagraph:
``(B) Civil penalty.--For a civil penalty for the
refusal to admit entry or other refusal to permit an
action by the Secretary authorized by paragraph (1),
see section 6718.''.
(2) The table of sections for part II of subchapter B of
chapter 68 of such Code, as amended by this Act, is amended by
adding at the end the following new item:
``Sec. 6718. Refusal of entry.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2003.
SEC. 5. DISPLAY OF REGISTRATION.
(a) In General.--Section 4101 of the Internal Revenue Code of 1986
(relating to registration and bond) is amended by adding at the end the
following new subsection:
``(e) Display of Registration.--Every person required by the
Secretary to register under this section with respect to tax imposed by
section 4041(a)(1), 4081, or 4091 shall receive and display proof of
registration on vessels used in transporting fuel.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2003.
SEC. 6. UNTAXED ADULTERATED FUEL MIXTURES TREATED AS DYED FUELS UNDER
PENALTY PROVISION.
(a) In General.--Section 6715(c)(1) of the Internal Revenue Code of
1986 (defining dyed fuel) is amended by inserting ``, any dyed diesel
fuel or kerosene which has been chemically altered in an attempt to
remove the dye, or any other adulterated fuel mixture not previously
taxed'' after ``section 4082''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 7. TAX AT POINT OF ENTRY WHERE IMPORTER NOT REGISTERED.
(a) In General.--Section 4081(a)(1) of the Internal Revenue Code of
1986 (relating to tax on entry, removal, or sale) is amended by adding
at the end the following new subparagraph:
``(C) Tax at entry where importer not registered.--
``(i) In general.--For purposes of
subparagraph (A)(iii), if the person entering
the taxable fuel is not registered under
section 4101, the imposition of the tax is at
the time and point of entry.
``(ii) Jeopardy assessment.--The collection
of any tax imposed on fuel described in clause
(i) shall be deemed to be in jeopardy and the
Secretary shall make an immediate assessment
under section 6862.
``(iii) Enforcement of assessment.--The
fuel described in clause (i) and the vehicle or
vessel in which such fuel was transported shall
be detained for the period ending with--
``(I) the filing of a bond by the
importer of record under section
6863(a), or
``(II) if such a bond is not filed
within the 5-day period beginning with
such detaining, the sale of such fuel
as provided under section 6336.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 8. MODIFICATIONS OF TAX ON USE OF CERTAIN VEHICLES.
(a) Increase in Rate of Tax.--The table contained in section
4481(a) of the Internal Revenue Code of 1986 (relating to imposition of
tax) is amended by striking ``$550'' and inserting ``$600''.
(b) No Proration of Tax Unless Vehicle is Destroyed or Stolen.--
(1) In general.--Section 4481(c) of the Internal Revenue
Code of 1986 (relating to proration of tax) is amended to read
as follows:
``(c) Proration of Tax Where Vehicle Destroyed or Stolen.--
``(1) In general.--If in any taxable period a highway motor
vehicle is destroyed or stolen before the first day of the last
month in such period and not subsequently used during such
taxable period, the tax shall be reckoned proportionately from
the first day of the month in such period in which the first
use of such highway motor vehicle occurs to and including the
last day of the month in which such highway motor vehicle was
destroyed or stolen.
``(2) Destroyed.--For purposes of paragraph (1), a highway
motor vehicle is destroyed if such vehicle is damaged by reason
of an accident or other casualty to such an extent that it is
not economic to rebuild.''.
(2) Display of tax certificate.--Paragraph (2) of section
4481(d) of such Code (relating to one tax liability for period)
is amended to read as follows:
``(2) Display of tax certificate.--Every person, agency, or
instrumentality which pays the tax imposed under this section
with respect to a highway motor vehicle shall, not later than
October 1 with respect to each taxable period, receive and
display on such vehicle a proof of payment decal.''.
(3) Conforming amendments.--
(A) Section 6156 of such Code (relating to
installment payment of tax on use of highway motor
vehicles) is repealed.
(B) The table of sections for subchapter A of
chapter 62 of such Code is amended by striking the item
relating to section 6156.
(c) Effective Date.--The amendments made by this section shall
apply to taxable periods beginning after the date of the enactment of
this Act.
SEC. 9. ADDITIONAL RULES REGARDING INSPECTIONS OF RECORDS.
(a) Provision of Copies of Records.--Section 4102 of the Internal
Revenue Code of 1986 (relating to inspection of records by local
officers) is amended by inserting ``, and copies shall be furnished
upon request of,'' after ``inspection by''.
(b) Inspection by Other Enforcement Agencies.--Section 4102 of the
Internal Revenue Code of 1986, as amended by subsection (a), is amended
by inserting ``, and information on returns required to be filed with
respect to taxes under section 4481 shall be open to inspection by
officers of any State agency charged with the registration and
licensing of vehicles described in such section and officers of any
other Federal or State agency charged with the enforcement of Federal
or State law regarding motor fuels or criminal activities regarding
motor fuels'' after ``section 4083)''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 10. AUTHORITY TO INSPECT ON-SITE RECORDS.
(a) In General.--Section 4083(c)(1)(A) of the Internal Revenue Code
of 1986 (relating to administrative authority) is amended by striking
``and'' at the end of clause (i) and by inserting after clause (ii) the
following new clause:
``(iii) inspecting any books and records to
determine the names and addresses of the
persons selling or purchasing such fuel, and''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 11. PROHIBITION OF ADMINISTRATIVE REVIEW OF PENALTY FOR TAXABLE
USE OF DYED DIESEL FUEL.
(a) In General.--Section 6406 of the Internal Revenue Code of 1986
(relating to prohibition of administrative review of decisions) is
amended--
(1) by striking ``In the absence'' and inserting ``(a) In
General.--In the absence'', and
(2) by adding at the end the following new subsection:
``(b) Penalty Decision Regarding Taxable Use of Dyed Diesel Fuel.--
In the absence of fraud or mistake in chemical analysis or mathematical
calculation, if the findings of fact by chemical analysis show the
presence of dye in diesel fuel being used on the highway, the assertion
of the penalty under section 6715 shall not be subject to appeal to or
review by any other administrative or accounting officer, employee, or
agent of the United States.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Amends the Internal Revenue Code to address issues concerning the fuel excise tax.Requires that fuel be transferred by registered pipeline or vessel to qualify for the fuel tax exemption of bulk transfers to registered terminals or refineries. Imposes civil penalties for the carrying of taxable fuels by nonregistered pipelines.Requires registered operators and dealers in aviation fuel to file electronically for fuel tracking purposes.Requires that the tax imposed on the sale of diesel fuel be imposed whether or not the fuel is suitable for use in a diesel-powered vehicle or train.Imposes a civil penalty for each refusal of entry (inspection) relating to the transport and distribution of untaxed adulterated fuel mixtures or dyed diesel for taxable use.States that any person required to be registered for the sale of fuels must display that registration.Requires that the fuel tax be imposed at the point of entry when the importer is not registered.Increases the tax on vehicles at or above a taxable gross weight of 55,000 pounds, permitting proration of the tax only as specified. Requires information on returns concerning such vehicles to be available as necessary for law enforcement purposes.Requires copies of records to be furnished to inspectors, upon request.Permits the inspection of books and records to determine who is selling or purchasing taxable fuel.Prohibits administrative review of any penalty imposed for taxable use of dyed diesel fuel used on the highway, absent proof of fraud or mistake in chemical analysis or mathematical calculation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to combat fuel excise tax fraud."} | 3,372 | 344 | 0.525918 | 1.531688 | 0.817157 | 2.435424 | 10.468635 | 0.870849 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Utilities Turnback (CUT)
Trust Fund Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The overall net income for the production of
electricity for California consumers increased 333 percent
between the second quarters of 1999 and 2000.
(2) The California Public Utilities Commission approved a
rate hike for individual and business consumers between 7 and
15 percent.
(3) Electricity prices are expected to continue to rise as
a result of climbing natural gas prices.
(4) Consumers are paying higher prices for electricity
while profits for producers are reaching record levels.
(b) Purpose.--The purpose of this Act is to transfer windfall
profits from the production of domestic electricity to fund assistance,
in the form of rebates, for individual and business consumers.
SEC. 3. WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY PRODUCTION.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986
(relating to miscellaneous excise taxes) is amended by inserting after
chapter 44 the following new chapter:
``CHAPTER 45--WINDFALL PROFIT ADJUSTMENT ON DOMESTIC ELECTRICITY
PRODUCTION
``Sec. 4986. Imposition of tax.
``SEC. 4986. IMPOSITION OF TAX.
``(a) In General.--In addition to any other tax imposed under this
title, an excise tax is imposed on the windfall profit from the sale of
electricity produced from a facility located in the United States at a
rate equal to 100 percent of such windfall profit.
``(b) Windfall Profit.--For purposes of this section--
``(1) In general.--The term `windfall profit' means, with
respect to the sale of electricity, so much of the profit from
such sale as exceeds a reasonable profit from such sale
determined for the calendar year in which such sale occurs.
``(2) Reasonable profit.--The term `reasonable profit'
means, with respect to any calendar year, the average of the
reasonable profit determinations made by State public utility
commissions for such year as calculated by the Federal Energy
Regulatory Commission.
``(c) Tax Paid by Producer.--The tax imposed by this section shall
be paid by the producer selling the electricity.
``(d) Definitions and Other Rules.--For purposes of this section--
``(1) Producer.--The term `producer' means the holder of
the economic interest with respect to the electricity.
``(2) Other administrative provisions.--For purposes of
subtitle F, any tax imposed by this section shall be treated as
a tax imposed by subtitle A.
``(e) Records and Information.--Each taxpayer liable for tax under
this section shall keep such records, make such returns, and furnish
such statements and other information (to the Secretary and to other
persons having an interest in sale of the production of electricity)
with respect to such sale as the Secretary may by regulations
prescribe.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary or appropriate to carry out the purposes of this
section.''.
(b) Conforming Amendments.--
(1) Section 275(a)(6) of the Internal Revenue Code of 1986
is amended by inserting ``45,'' after ``44,''.
(2) Section 6103(d)(1) of such Code is amended by inserting
``45,'' after ``44,''.
(3) Section 6302(b) of such Code is amended by striking
``or 33'' and inserting ``33, or 45''.
(4) Section 6416(a)(1) of such Code is amended by inserting
``, or chapter 45 (relating to windfall profit adjustment on
domestic electricity production),''.
(5) Section 6416(d) of such Code is amended by striking
``or 32'' and inserting ``32, or 45''.
(6) The table of chapters of subtitle D of such Code is
amended by inserting after the item relating to chapter 44 the
following:
``Chapter 45. Windfall profit adjustment
on electricity production.''.
SEC. 4. ALLOCATION OF REVENUES FROM WINDFALL PROFIT ADJUSTMENT ON
ELECTRICITY PRODUCTION TO INDIVIDUAL AND BUSINESS
CONSUMERS.
(a) Establishment of Consumer Utilities Turnback Trust Fund.--
Subchapter A of chapter 98 of the Internal Revenue Code of 1986
(relating to establishment of trust funds) is amended by adding at the
end the following new section:
``SEC. 9511. CONSUMER UTILITIES TURNBACK 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 `Consumer
Utilities Turnback Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are appropriated to the Consumer
Utilities Turnback Trust Fund amounts equivalent to the net
revenues received in the Treasury from the taxes imposed by
section 4986.
``(2) Net revenues.--The term `net revenues' means the
amount estimated by the Secretary based on the excess of--
``(A) the taxes received in the Treasury as
described in paragraph (1), over
``(B) the decrease in the tax imposed by chapter 1
resulting from the imposition of the taxes described in
paragraph (1).
``(c) Expenditures From Consumer Utilities Turnback Trust Fund.--
Amounts in the Consumer Utilities Turnback Trust Fund shall be
available, without further appropriation, for rebates for individual
and business electricity consumers as provided by the Federal Energy
Regulatory Commission, after the Commission has received from the
Governor of any State a petition to fund such rebates. The funds must
be spent within the fiscal year in which such funds were made
available.''.
(b) Conforming Amendment.--The table of sections for subchapter A
of chapter 98 of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:
``Sec. 9511. Consumer Utilities Turnback Trust Fund.''.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to sales after December
31, 2000. | Consumer Utilities Turnback (CUT) Trust Fund Act of 2001 - Amends the Internal Revenue Code to impose an excise tax on the windfall profit from the sale of electricity produced from a facility located in the United States at a rate equal to 100 percent of such windfall profit.Establishes the Consumer Utilities Turnback Trust Fund into which shall be appropriated revenues from such tax. Provides that amounts in the Fund shall be available, without further appropriation, for specified rebates for individual and business electricity consumers. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to impose a windfall profits adjustment on the production of domestic electricity and to use the resulting revenues to fund rebates for individual and business electricity consumers."} | 1,501 | 123 | 0.583731 | 1.532572 | 0.599074 | 5.806452 | 13.795699 | 0.924731 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Banking for Human Traffickers
Act of 2017''.
SEC. 2. INCREASING THE ROLE OF THE FINANCIAL INDUSTRY IN COMBATING
HUMAN TRAFFICKING.
(a) Treasury as a Member of the President's Interagency Task Force
to Monitor and Combat Trafficking.--Section 105(b) of the Victims of
Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(b)) is
amended by inserting ``the Secretary of the Treasury,'' after ``the
Secretary of Education,''.
(b) Required Review of Procedures.--Not later than 180 days after
the date of enactment of this Act, the Federal Financial Institutions
Examination Council shall, in consultation with the Secretary of the
Treasury and other appropriate law enforcement agencies, take the
following actions:
(1) Review and enhance, where necessary, training and
examinations procedures to improve the ability of anti-money
laundering programs to target human trafficking operations.
(2) Review and enhance, where necessary, procedures for
referring potential human trafficking cases to the appropriate
law enforcement agency.
(c) Interagency Task Force Recommendations Targeting Money
Laundering Related to Human Trafficking.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Interagency Task Force to Monitor
and Combat Trafficking shall prepare and submit to Congress,
the Secretary of the Treasury, and each appropriate Federal
banking agency a series of legislative, administrative, and
regulatory recommendations, if necessary, to revise anti-money
laundering programs of financial institutions in order to
specifically target money laundering related to human
trafficking, as described in paragraph (2).
(2) Required recommendations.--The recommendations required
under paragraph (1) shall, at a minimum, include the following:
(A) Successful anti-human trafficking programs
currently in place at financial institutions that are
suitable for broader adoption.
(B) Recommended changes, if necessary, to the
internal policies, procedures, and controls at
financial institutions so that such institutions can
better deter and detect money laundering related to
human trafficking.
(C) Recommended changes, if necessary, to ongoing
employee training programs at financial institutions so
that those institutions can better equip employees to
deter and detect money laundering related to human
trafficking, including the training of legal counsel,
risk managers, and compliance officers.
(D) Recommended revisions, if necessary, to
existing regulatory requirements and guidelines for the
reporting of suspicious transactions by financial
institutions, as required pursuant to section 5318(g)
of title 31, United States Code, in order to facilitate
the collection of data on instances of suspected human
trafficking.
(d) Additional Reporting Requirement.--Section 110(b) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)) is
amended by adding at the end the following:
``(4) Description of efforts of united states to eliminate
money laundering related to human trafficking.--In addition to
the information required in the annual report under paragraph
(1) and the interim report under paragraph (2), the Attorney
General, in consultation with the Secretary of the Treasury,
shall include in each such report a description of efforts of
the United States to eliminate money laundering related to
human trafficking and the number of investigations, arrests,
indictments and convictions in money laundering cases with a
nexus to human trafficking.''.
(e) Limitation.--Nothing in this Act shall be construed to grant
rule making authority to the Interagency Task Force to Monitor and
Combat Trafficking.
(f) Definitions.--As used in this section--
(1) the term ``anti-money laundering program'' means any
program established by a financial institution pursuant to
section 5318(h) of title 31, United States Code;
(2) the term ``appropriate Federal banking agency'' has the
meaning given the term in section 3(q) of the Federal Deposit
Insurance Act (12 U.S.C. 1813(q));
(3) the term ``human trafficking'' means--
(A) sex trafficking in which a commercial sex act
is induced by force, fraud, or coercion, or in which
the person induced to perform such act has not attained
18 years of age; or
(B) the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion
for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery;
(4) the term ``Interagency Task Force to Monitor and Combat
Trafficking'' means the Interagency Task Force to Monitor and
Combat Trafficking established by the President pursuant to
section 105 of the Victims of Trafficking and Violence
Protection Act of 2000 (22 U.S.C. 7103); and
(5) the term ``law enforcement agency'' means an agency of
the United States, a State, or a political subdivision of a
State, authorized by law or by a government agency to engage in
or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal or civil law. | End Banking for Human Traffickers Act of 2017 This bill amends the Victims of Trafficking and Violence Protection Act of 2000 to add the Secretary of the Treasury as a member of the President's Interagency Task Force to Monitor and Combat Trafficking. The task force must submit to Congress recommendations for the revision of anti-money laundering programs to specifically target money laundering related to human trafficking. The Federal Financial Institutions Examination Council must review and enhance, where necessary: (1) training and procedures to improve the ability of anti-money laundering programs to target human trafficking operations, and (2) procedures for referring potential human trafficking cases to the appropriate law enforcement agency. The Department of Justice must report on: (1) efforts to eliminate money laundering related to human trafficking; and (2) the number of investigations, arrests, indictments, and convictions in money laundering cases related to human trafficking. | {"src": "billsum_train", "title": "End Banking for Human Traffickers Act of 2017"} | 1,160 | 210 | 0.680006 | 1.991839 | 0.989525 | 4.536145 | 6.271084 | 0.921687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Health Professionals
Educational Assistance Act of 2009''.
SEC. 2. REAUTHORIZATION OF HEALTH PROFESSIONALS EDUCATIONAL ASSISTANCE
SCHOLARSHIP PROGRAM.
(a) In General.--Section 7618 of title 38, United States Code, is
amended by striking ``December 31, 1998'' and inserting ``December 31,
2014''.
(b) Expansion of Eligibility Requirements.--Section 7612(b)(2) is
amended by striking ``(under section'' and all that follows through
``or vocational nurse.'' and inserting the following: ``as an appointee
under paragraph (1) or (3) of section 7401 of this title.''.
(c) Additional Program Requirements.--Subchapter II of chapter 76
of title 38, United States Code, as amended by subsections (a) and (b),
is further amended--
(1) by redesignating section 7618 as section 7619; and
(2) by inserting after section 7617 the following new
section:
``Sec. 7618. Additional program requirements
``(a) Program Modification.--Notwithstanding any provision of the
subchapter, the Secretary shall carry out this subchapter by modifying
the Scholarship Program in such a manner that the program and hiring
processes are designed to fully employ scholarship program graduates as
soon as possible, if not immediately, upon graduation and completion of
necessary certifications, and to actively assist and monitor graduates
to ensure certifications are obtained in a minimal amount of time
following graduation.
``(b) Clinical Tours.--The Secretary shall require participants in
the Scholarship Program to perform clinical tours in assignments or
locations determined by the Secretary while the participants are
enrolled in the course of education or training for which the
scholarship is provided.
``(c) Mentors.--The Secretary shall ensure that at the commencement
of the period of obligated service of a participant in the Scholarship
Program, the participant is assigned to a mentor who is employed in the
same facility where the participant performs such service.''.
(d) Clerical Amendments.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 7618
and inserting the following new items:
``7618. Additional program requirements.
``7619. Expiration of program.''.
SEC. 3. IMPROVEMENTS TO THE EDUCATION DEBT REDUCTION PROGRAM.
(a) Inclusion of Employee Retention as Purpose of Program.--Section
7681(2) of title 38, United States Code, is amended by inserting ``and
retention'' after ``recruitment'' the first time it appears.
(b) Expansion of Eligibility.--Section 7682 of such title is
amended--
(1) in subsection (a)(1), by striking ``a recently
appointed'' and inserting ``an''; and
(2) by striking subsection (c).
(c) Increase in Maximum Annual Amount of Payments.--Paragraph (1)
of subsection (d) of section 7683 of such title is amended--
(1) by striking ``$44,000'' and inserting ``$60,000''; and
(2) by striking ``$10,000'' and inserting ``$12,000''.
(d) Exception to Limitation on Amount for Certain Positions.--Such
subsection is further amended by adding at the end the following new
paragraph:
``(3)(A) The Secretary may waive the limitations under paragraphs
(1) and (2) in the case of a participant described in subparagraph (B).
In the case of such a waiver, the total amount of education debt
repayments payable to that participant is the total amount of the
principal and the interest on the participant's loans referred to in
subsection (a).
``(B) A participant described in this subparagraph is a participant
in the Scholarship Program who the Secretary determines serves in a
position for which there is a shortage of qualified employee by reason
of either the location or the requirements of the position.''.
SEC. 4. LOAN REPAYMENT PROGRAM FOR CLINICAL RESEARCHERS FROM
DISADVANTAGED BACKGROUNDS.
(a) In General.--The Secretary of Veterans Affairs may, in
consultation with the Secretary of Health and Human Services, utilize
the authorities available in section 487E of the Public Health Service
Act (42 U.S.C. 288-5) for the repayment of the principal and interest
of educational loans of appropriately qualified health professionals
who are from disadvantaged backgrounds in order to secure clinical
research by such professionals for the Veterans Health Administration.
(b) Limitations.--The exercise by the Secretary of Veterans Affairs
of the authorities referred to in paragraph (1) shall be subject to the
conditions and limitations specified in paragraphs (2) and (3) of
section 487E(a) of the Public Health Service Act (42 U.S.C. 288-5(a)(2)
and (3)).
(c) Funding.--Amounts for the repayment of principal and interest
of educational loans under this subsection shall be derived from
amounts available to the Secretary of Veterans Affairs for the Veterans
Health Administration for Medical Services.
SEC. 5. INCLUSION OF DEPARTMENT OF VETERANS AFFAIRS FACILITIES IN LIST
OF FACILITIES ELIGIBLE FOR ASSIGNMENT OF PARTICIPANTS IN
NATIONAL HEALTH SERVICE CORPS SCHOLARSHIP PROGRAM.
(a) Inclusion of Facilities.--The Secretary of Veterans Affairs
shall transfer up to $20,000,000 from accounts of the Veterans Health
Administration to the Secretary of Health and Human Services to be used
to include facilities of the Department of Veterans Affairs on the list
maintained by the Health Resources and Services Administration of
facilities eligible for assignment of participants in the National
Health Service Corps Scholarship Program.
(b) Identification of Eligible Facilities.--The Secretary shall
identify all medical centers and community-based outpatient clinics of
the Department that may be eligible for assignment of participants in
the National Health Service Corps Scholarship Program. In making such
identifications, the Secretary shall use the eligibility criteria used
by the National Health Service Corps for the health professional
shortage area designation.
(c) Application.--To be included on the list maintained by the
Health Resources and Services Administration of facilities eligible for
assignment of participants in the National Health Service Corps
Scholarship Program, each medical center or clinic identified by the
Secretary under subsection (b) shall submit an application to the
Health Resources and Services Administration. | Veterans Health Professionals Educational Assistance Act of 2009 - Reinstates the Department of Veterans Affairs (VA) health professionals educational assistance scholarship program and permits furnishing scholarships to new participants in the program through 2014. Requires the Secretary of Veterans Affairs, as additional requirements under such program, to: (1) modify the program in such a way that program graduates can be employed as soon as possible upon graduation and to actively assist and monitor graduates to ensure certifications are obtained in a minimal period following graduation; (2) require program participants to perform clinical tours; and (3) assign to each program participant a mentor who is employed at the same facility where the participant performs post-graduation obligated service.
Increases maximum payments under the VA education debt reduction program. Allows the Secretary to waive such limits.
Authorizes the Secretary to provide an educational loan repayment program for clinical researchers from disadvantaged backgrounds, in order to secure clinical research for the Veterans Health Administration.
Directs the Secretary to: (1) transfer specified funds to the Secretary of Health and Human Services (HHS) for including VA facilities on a list of facilities eligible for assignment of participants in the National Health Service Corps Scholarship Program; and (2) identify all VA medical centers and community-based outpatient clinics that may be eligible for such assignments. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to make certain improvements in the laws administered by the Secretary of Veterans Affairs relating to educational assistance for health professionals, and for other purposes."} | 1,488 | 266 | 0.579358 | 1.558408 | 0.920635 | 3.492063 | 5 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern California Groundwater
Remediation Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act:
(1) Groundwater remediation.--The term ``groundwater
remediation'' means actions that are necessary to prevent,
minimize, clean up, or mitigate damage to groundwater.
(2) Local water authority.--The term ``local water
authority'' means a currently existing (on the date of the
enactment of this Act) public water district, public water
utility, public water planning agency, municipality, or Indian
Tribe located within the natural watershed of the Santa Ana
River in the State of California.
(3) Remediation fund.--The term ``Remediation Fund'' means
the Southern California Groundwater Remediation Fund
established pursuant to section 3(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. SOUTHERN CALIFORNIA GROUNDWATER REMEDIATION.
(a) Southern California Groundwater Remediation.--
(1) Establishment of remediation fund.--There shall be
established within the Treasury of the United States an
interest bearing account to be known as the ``Southern
California Groundwater Remediation Fund''.
(2) Administration of remediation fund.--The Remediation
Fund shall be administered by the Secretary, acting through the
Bureau of Reclamation. The Secretary shall administer the
Remediation Fund in cooperation with the local water authority.
(3) Purposes of remediation fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Remediation Fund, including interest
accrued, shall be used by the Secretary to provide
grants to the local water authority to reimburse the
local water authority for the Federal share of the
costs associated with designing and constructing
groundwater remediation projects to be administered by
the local water authority.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not
obligate any funds appropriated to the
Remediation Fund in a fiscal year until the
Secretary has deposited into the Remediation
Fund an amount provided by non-Federal
interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary
for a groundwater remediation project are from
funds provided to the Secretary for that
project by the non-Federal interests.
(ii) Non-federal responsibility.--Each
local water authority shall be responsible for
providing the non-Federal amount required by
clause (i) for projects under that local water
authority. The State of California, local
government agencies, and private entities may
provide all or any portion of the non-Federal
amount.
(iii) Credits toward non-federal share.--
For purposes of clause (ii), the Secretary
shall credit the appropriate local water
authority with the value of all prior
expenditures by non-Federal interests made
after January 1, 2000, that are compatible with
the purposes of this section, including--
(I) all expenditures made by non-
Federal interests to design and
construct groundwater remediation
projects, including expenditures
associated with environmental analyses,
and public involvement activities that
were required to implement the
groundwater remediation projects in
compliance with applicable Federal and
State laws; and
(II) all expenditures made by non-
Federal interests to acquire lands,
easements, rights-of-way, relocations,
disposal areas, and water rights that
were required to implement a
groundwater remediation project.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate remediation and protection
of the groundwater the natural watershed of the Santa Ana River in the
State of California. In carrying out the activities described in this
section, the Secretary shall integrate such activities with ongoing
Federal and State projects and activities. None of the funds made
available for such activities pursuant to this section shall be counted
against any Federal authorization ceiling established for any
previously authorized Federal projects or activities.
(d) Financial Statements and Audits.--The Secretary shall ensure
that all funds obligated and disbursed under this Act and expended by a
local water authority, are accounted for in accordance with generally
accepted accounting principles and are subjected to regular audits in
accordance with applicable procedures, manuals, and circulars of the
Department of the Interior and the Office of Management and Budget.
(e) Authorization of Appropriations.-- There is authorized to be
appropriated to the Remediation Fund $50,000,000. Such funds shall
remain available until expended. Subject to the limitations in section
4, such funds shall remain available until expended.
SEC. 4. SUNSET OF AUTHORITY.
This Act--
(1) shall take effect on the date of the enactment of this
Act; and
(2) is repealed effective as of the date that is 10 years
after the date of the enactment of this Act.
Passed the House of Representatives April 12, 2005.
Attest:
JEFF TRANDAHL,
Clerk. | Southern California Groundwater Remediation Act - Establishes within the Treasury the Southern California Groundwater Remediation Fund, which shall be used by the Secretary of the Interior, acting through the Bureau of Reclamation, to provide grants to a local water authority within the natural watershed of the Santa Ana River in California for the federal share of costs associated with designing and constructing groundwater remediation projects.
Prohibits the Secretary from obligating any funds appropriated to the Fund in a fiscal year until the Secretary has deposited a matching amount provided by non-federal interests of at least 35 percent for a project. Makes each authority responsible for providing the required non-federal amount. Directs the Secretary to credit the appropriate authority with the value of all prior compatible expenditures by non-federal interests made after January 1, 2000.
Authorizes appropriations. Terminates this Act ten years after the enactment date. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior, acting through the Bureau of Reclamation and in coordination with other Federal, State, and local government agencies, to participate in the funding and implementation of a balanced, long-term groundwater remediation program in California, and for other purposes."} | 1,172 | 201 | 0.681369 | 1.882332 | 0.905169 | 3.846626 | 6.368098 | 0.92638 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bipartisan Health Care Reform
Commission Act of 1994''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established an independent commission
to be known as the Bipartisan Health Care Reform Commission (in this
Act referred to as the ``Commission'').
(b) Appointment.--
(1) In general.--The Commission shall consist of--
(A) 3 members appointed by the President, not more
than 2 of whom may be members of the same political
party;
(B) 2 members appointed by the Majority Leader of
the Senate;
(C) 2 members appointed by the Minority Leader of
the Senate;
(D) 2 members appointed by the Majority Leader of
the House of Representatives; and
(E) 2 members appointed by the Minority Leader of
the House of Representatives.
(2) Qualifications of members.--Members shall be appointed
on the basis of their expertise and national recognition in the
fields of health economics, provider reimbursement, health
insurance, health benefits design, and related fields. No
Member of Congress may be appointed to serve as a member of the
Commission.
(c) Term.--Members of the Commission shall be appointed not later
than 30 days after the date of the enactment of this Act and shall
serve for the life of the Commission.
(d) Vacancy.--A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the original
appointment.
(e) Availability of Funds.--The Secretary of Health and Human
Services shall make available, from amounts appropriated to the
Secretary, such staff and funds as may be necessary to carry out the
work of the Commission.
(f) No Compensation Except Travel Expenses.--Members of the
Commission shall serve without compensation, but the Secretary of
Health and Human Services shall provide that each member shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
(g) Quorum; Chairman.--Six members of the Commission shall
constitute a quorum. The President shall designate one member of the
Commission to serve as chairman.
SEC. 3. RESPONSIBILITIES.
(a) Analyses and Recommendations.--The Commission shall--
(1) conduct an analysis of the health care systems of the
States, as well as proposed or enacted reforms of such systems;
(2) conduct an analysis of the problems relating to
programs and policies of the Federal Government relating to
health care, including Federal health insurance programs (such
as the medicare and medicaid programs), health programs of the
various Departments, and tax policies as they relate to health
care and health insurance;
(3) analyze private sector health systems, including
various employer plans and innovative delivery systems; and
(4) make recommendations on reforms that the Congress
should consider in response to the findings of the analyses.
(b) Hearings.--The Commission shall hold at least 5 public
hearings. The topics of the hearings shall be established in
consultation with the officials that appointed members to the
Commission.
(c) Report.--Not later than April 30, 1995, the Commission shall
submit a report to the Congress on the state of health care in the
United States. Such report shall include analyses of the following
issues:
(1) The rate of growth in health care costs by type of
provider, by type of payer, and by State.
(2) The utility of various mechanisms to empower purchasers
of health care with information about comparative cost,
quality, and access, including the effect of such information
on patient's behavior in the medical marketplace.
(3) The success or failure of different types of group
health plans, such as plans that use medical savings accounts,
managed care plans, plans offered through voluntary purchasing
cooperatives, and traditional indemnity plans, in cost,
quality, and access.
(4) The success or failure of various Medicaid reform
proposals, including the use of managed care, the use of
vouchers to permit purchase of private insurance, and
prioritization of benefits.
(d) Legislative Proposal.--If the Commission recommends changes
which requires legislation to implement, the Commission shall include
in its report under subsection (c) a detailed legislative proposal
providing for implementation of the recommendations.
SEC. 4. CONSIDERATION OF RECOMMENDATIONS.
(a) Introduction and Referral.--
(1) In general.--If the report of the Commission under
section 3--
(A) includes a detailed legislative proposal under
section 3(d), and
(B) is accompanied by a statement provided by the
Director of the Congressional Budget Office under
subsection (h) that the enactment of the proposal will
not result in any increase in the Federal deficit in
each of the 10 fiscal years beginning after the date of
submittal of the report,
the majority leader (or the leader's designee) in each House
shall introduce (by request and not later than 7 days after the
date of receipt by Congress of the report) the legislative
proposal as a bill. The title of that bill shall be ``A bill to
carry out the recommendations of the Bipartisan Health Care
Reform Commission.''.
(2) Referral.--That bill shall be referred on the date of
introduction to the appropriate committee (or committees) in
accordance with rules of the respective Houses.
(b) Discharge Deadline.--If any committee to which the bill is
referred does not report the bill by the end of the 45-day period
beginning on the date the bill was referred to the committee, the
committee shall be automatically discharged from further consideration
of the bill as of the end of such period.
(c) Floor Consideration.--
(1) House of representatives.--For the purpose of
expediting consideration and passage of a bill reported or
discharged under this section, the Committee on Rules of the
House of Representatives shall report a privileged resolution
providing for the consideration of the bill and amendments
thereto under an open rule and for a period of unlimited debate
before the consideration of amendments to the bill. If such a
bill differs from the recommendation of the Commission, any
such resolution shall make in order an amendment consisting of
the text of the Commission's recommendations.
(2) Senate.--[LANGUAGE TO BE INSERTED LATER]
(d) Final Passage.--A vote on final passage of the bill shall be
taken in a House not later than the end of the 15-day period beginning
on the date on which the motion to proceed to its consideration in that
House has been approved.
(e) Special Rules.--If the House of Representatives approves a bill
and the Senate approves a bill the text of which is identical to the
text of the bill approved by the House of Representatives, the Senate
is deemed to have approved the bill approved by the House of
Representatives, effective on the later of--
(1) the date of approval of a bill in the Senate, or
(2) the date the Senate receives a message from the House
of Representatives announcing that the House has passed the
bill.
(f) Rules of House of Representatives and Senate.--This section is
enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and of the Senate, respectively, or of that
House to which they specifically apply and such rules 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 that House.
(g) Not Including Certain Days.--Days on which a House of Congress
is not in session because of an adjournment of more than 3 days shall
be excluded in the computation of any number of days in a period under
this section with respect to that House.
(h) Congressional Budget Office Determinations.--The Director of
the Congressional Budget Office, upon request of the Commission or an
appropriate committee, shall--
(1) review any bill to be proposed by the Commission or the
committee to determine if the enactment of the bill would
result in any increase in the Federal deficit in any of the 10
fiscal years beginning after the date on which the request is
made, and
(2) provide a written statement of such determination. | Bipartisan Health Care Reform Commission Act of 1994 - Establishes an independent Bipartisan Health Care Reform Commission to: (1) conduct an analysis of the health care systems of the States, as well as proposed or enacted reforms of such systems, and of the problems relating to Federal programs and policies relating to health care; (2) analyze private sector health systems; and (3) make recommendations on reforms that the Congress should consider in response to the findings of the analyses.
Directs the Commission to: (1) hold at least five public hearings; and (2) report to the Congress on the state of health care in the United States.
Sets forth provisions regarding procedures for congressional consideration of any recommendations of the Commission and review of any bill proposed by the Commission or an appropriate committee by the Director of the Congressional Budget Office. | {"src": "billsum_train", "title": "Bipartisan Health Care Reform Commission Act of 1994"} | 1,843 | 167 | 0.619479 | 1.626475 | 0.71776 | 5.654545 | 10.478788 | 0.939394 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Federal Ocean
Acidification Research And Monitoring Act of 2008'' or the ``FOARAM
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Interagency subcommittee.
Sec. 5. Strategic research plan.
Sec. 6. NOAA ocean acidification activities.
Sec. 7. NSF ocean acidification activities.
Sec. 8. NASA ocean acidification activities.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) The oceans help regulate atmospheric chemistry by
acting as the largest sink for carbon dioxide.
(2) The rapid increase in atmospheric carbon dioxide is
overwhelming the natural ability of the oceans to absorb this
gas.
(3) The influx of carbon dioxide into the atmosphere and
the subsequent absorption by the oceans is changing surface
ocean carbon chemistry and lowering the pH. These changes in
ocean chemistry are detrimental to organisms including corals,
which support one of the richest habitats on Earth, marine
shellfish, and many other organisms that form the base of the
food chain for many fish and marine mammals.
(4) The rich biodiversity of marine organisms is an
important contribution to the national economy and the change
in ocean chemistry threatens tourism, our fisheries, and marine
environmental quality, and could result in significant social
and economic costs.
(5) Existing Federal programs support research in related
ocean chemistry, but gaps in funding, coordination, and
outreach have impeded national progress in addressing ocean
acidification.
(6) National investment in a coordinated program of
research and monitoring would improve the understanding of
ocean acidification effects on whole ecosystems, advance our
knowledge of the socioeconomic impacts of increased ocean
acidification, and strengthen the ability of marine resource
managers to assess and prepare for the harmful impacts of ocean
acidification on our marine resources.
(b) Purposes.--The purposes of this Act are to provide for--
(1) development and coordination of a comprehensive
interagency plan to--
(A) monitor and conduct research on the processes
and consequences of ocean acidification on marine
organisms and ecosystems; and
(B) establish an interagency research and
monitoring program on ocean acidification;
(2) assessment and consideration of regional and national
ecosystem and socioeconomic impacts of increased ocean
acidification; and
(3) research on adaptation strategies and techniques for
effectively conserving marine ecosystems as they cope with
increased ocean acidification.
SEC. 3. DEFINITIONS.
In this Act:
(1) Ocean acidification.--The term ``ocean acidification''
means the decrease in pH of the Earth's oceans and changes in
ocean chemistry caused by chemical inputs from the atmosphere,
including carbon dioxide.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(3) Subcommittee.--The term ``Subcommittee'' means the
Joint Subcommittee on Ocean Science and Technology of the
National Science and Technology Council.
SEC. 4. INTERAGENCY SUBCOMMITTEE.
(a) Designation.--The Joint Subcommittee on Ocean Science and
Technology of the National Science and Technology Council shall
coordinate Federal activities on ocean acidification.
(b) Duties.--The Subcommittee shall--
(1) develop the strategic research and monitoring plan to
guide Federal research on ocean acidification required under
section 5 of this Act and oversee the implementation of the
plan;
(2) oversee the development of--
(A) an assessment of the potential impacts of ocean
acidification on marine organisms and marine
ecosystems; and
(B) adaptation and mitigation strategies to
conserve marine organisms and ecosystems exposed to
ocean acidification;
(3) facilitate communication and outreach opportunities
with nongovernmental organizations and members of the
stakeholder community with interests in marine resources;
(4) coordinate the United States Federal research and
monitoring program with research and monitoring programs and
scientists from other nations; and
(5) establish or designate an Ocean Acidification
Information Exchange to make information on ocean acidification
developed through or utilized by the interagency ocean
acidification program accessible through electronic means,
including information which would be useful to policymakers,
researchers, and other stakeholders in mitigating or adapting
to the impacts of ocean acidification.
(c) Reports to Congress.--
(1) Initial report.--Not later than 1 year after the date
of enactment of this Act, the Subcommittee shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology and the Committee on Natural Resources of the House
of Representatives that--
(A) includes a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) describes the progress in developing the plan
required under section 5 of this Act.
(2) Biennial report.--Not later than 2 years after the
delivery of the initial report under paragraph (1) and every 2
years thereafter, the Subcommittee shall transmit a report to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives
that includes--
(A) a summary of federally funded ocean
acidification research and monitoring activities,
including the budget for each of these activities; and
(B) an analysis of the progress made toward
achieving the goals and priorities for the interagency
research plan developed by the Subcommittee under
section 5.
(3) Strategic research plan.--Not later than 2 years after
the date of enactment of this Act, the Subcommittee shall
transmit the strategic research plan developed under section 5
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Science and Technology and the
Committee on Natural Resources of the House of Representatives.
A revised plan shall be submitted at least once every 5 years
thereafter.
SEC. 5. STRATEGIC RESEARCH PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Subcommittee shall develop a strategic plan for
Federal research and monitoring on ocean acidification that will
provide for an assessment of the impacts of ocean acidification on
marine organisms and marine ecosystems and the development of
adaptation and mitigation strategies to conserve marine organisms and
marine ecosystems. In developing the plan, the Subcommittee shall
consider and use information, reports, and studies of ocean
acidification that have identified research and monitoring needed to
better understand ocean acidification and its potential impacts, and
recommendations made by the National Academy of Sciences in the review
of the plan required under subsection (d).
(b) Contents of the Plan.--The plan shall--
(1) establish, for the 10-year period beginning in the year
the plan is submitted, the goals and priorities for Federal
research and monitoring which will--
(A) advance understanding of ocean acidification
and its physical, chemical, and biological impacts on
marine organisms and marine ecosystems;
(B) improve the ability to assess the socioeconomic
impacts of ocean acidification; and
(C) provide information for the development of
adaptation and mitigation strategies to conserve marine
organisms and marine ecosystems;
(2) describe specific activities, including--
(A) efforts to determine user needs;
(B) research activities;
(C) monitoring activities;
(D) technology and methods development;
(E) data collection;
(F) database development;
(G) modeling activities;
(H) assessment of ocean acidification impacts; and
(I) participation in international research
efforts;
(3) identify relevant programs and activities of the
Federal agencies that contribute to the interagency program
directly and indirectly and set forth the role of each Federal
agency in implementing the plan;
(4) consider and utilize, as appropriate, reports and
studies conducted by Federal agencies, the National Research
Council, or other entities;
(5) make recommendations for the coordination of the ocean
acidification research and monitoring activities of the United
States with such activities of other nations and international
organizations;
(6) outline budget requirements for Federal ocean
acidification research and monitoring and assessment activities
to be conducted by each agency under the plan;
(7) identify the monitoring systems and sampling programs
currently employed in collecting data relevant to ocean
acidification and prioritize additional monitoring systems that
may be needed to ensure adequate data collection and monitoring
of ocean acidification and its impacts; and
(8) describe specific activities designed to facilitate
outreach and data and information exchange with stakeholder
communities.
(c) Program Elements.--The plan shall include at a minimum the
following program elements:
(1) Monitoring of ocean chemistry and biological impacts
associated with ocean acidification at selected coastal and
open-ocean monitoring stations, including satellite-based
monitoring to characterize--
(A) marine ecosystems;
(B) changes in marine productivity; and
(C) changes in surface ocean chemistry.
(2) Research to understand the species specific
physiological response of marine organisms to ocean
acidification, impacts on marine food webs of ocean
acidification, and to develop environmental and ecological
indices that track marine ecosystem responses to ocean
acidification.
(3) Modeling to predict changes in the ocean carbon cycle
as a function of carbon dioxide and atmosphere-induced changes
in temperature, ocean circulation, biogeochemistry, ecosystem
and terrestrial input, and modeling to determine impacts on
marine ecosystems and individual marine organisms.
(4) Technology development and standardization of carbonate
chemistry measurements on moorings and autonomous floats.
(5) Assessment of socioeconomic impacts of ocean
acidification and development of adaptation and mitigation
strategies to conserve marine organisms and marine ecosystems.
(d) National Academy of Sciences Evaluation.--The Secretary shall
enter into an agreement with the National Academy of Sciences to review
the plan.
(e) Public Participation.--In developing the plan, the Subcommittee
shall consult with representatives of academic, State, industry and
environmental groups. Not later than 90 days before the plan, or any
revision thereof, is submitted to the Congress, the plan shall be
published in the Federal Register for a public comment period of not
less than 60 days.
SEC. 6. NOAA OCEAN ACIDIFICATION ACTIVITIES.
The Secretary shall conduct research and monitoring activities and
may establish a program on ocean acidification within the National
Oceanic and Atmospheric Administration consistent with the strategic
research plan developed by the Subcommittee under section 5 that--
(1) includes--
(A) interdisciplinary research among the ocean and
atmospheric sciences, and coordinated research and
activities to improve understanding of ocean
acidification;
(B) the establishment of a long-term monitoring
program of ocean acidification utilizing existing
global and national ocean observing assets, and adding
instrumentation and sampling stations as appropriate to
the aims of the research program;
(C) research to identify and develop adaptation
strategies and techniques for effectively conserving
marine ecosystems as they cope with increased ocean
acidification;
(D) as an integral part of the research programs
described in this Act, educational opportunities that
encourage an interdisciplinary and international
approach to exploring the impacts of ocean
acidification;
(E) as an integral part of the research programs
described in this Act, national public outreach
activities to improve the understanding of current
scientific knowledge of ocean acidification and its
impacts on marine resources; and
(F) coordination of ocean acidification monitoring
and impacts research with other appropriate
international ocean science bodies such as the
International Oceanographic Commission, the
International Council for the Exploration of the Sea,
the North Pacific Marine Science Organization, and
others;
(2) provides grants for critical research projects that
explore the effects of ocean acidification on ecosystems and
the socioeconomic impacts of increased ocean acidification that
are relevant to the goals and priorities of the strategic
research plan; and
(3) incorporates a competitive merit-based process for
awarding grants that may be conducted jointly with other
participating agencies or under the National Oceanographic
Partnership Program under section 7901 of title 10, United
States Code.
SEC. 7. NSF OCEAN ACIDIFICATION ACTIVITIES.
(a) Research Activities.--The Director of the National Science
Foundation shall continue to carry out research activities on ocean
acidification which shall support competitive, merit-based, peer-
reviewed proposals for research and monitoring of ocean acidification
and its impacts, including--
(1) impacts on marine organisms and marine ecosystems;
(2) impacts on ocean, coastal, and estuarine
biogeochemistry; and
(3) the development of methodologies and technologies to
evaluate ocean acidification and its impacts.
(b) Consistency.--The research activities shall be consistent with
the strategic research plan developed by the Subcommittee under section
5.
(c) Coordination.--The Director shall encourage coordination of the
Foundation's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 8. NASA OCEAN ACIDIFICATION ACTIVITIES.
(a) Ocean Acidification Activities.--The Administrator of the
National Aeronautics and Space Administration, in coordination with
other relevant agencies, shall ensure that space-based monitoring
assets are used in as productive a manner as possible for monitoring of
ocean acidification and its impacts.
(b) Program Consistency.--The Administrator shall ensure that the
Agency's research and monitoring activities on ocean acidification are
carried out in a manner consistent with the strategic research plan
developed by the Subcommittee under section 5.
(c) Coordination.--The Administrator shall encourage coordination
of the Agency's ocean acidification activities with such activities of
other nations and international organizations.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) NOAA.--There are authorized to be appropriated to the National
Oceanic and Atmospheric Administration to carry out the purposes of
this Act--
(1) $8,000,000 for fiscal year 2009;
(2) $12,000,000 for fiscal year 2010;
(3) $15,000,000 for fiscal year 2011; and
(4) $20,000,000 for fiscal year 2012.
(b) NSF.--There are authorized to be appropriated to the National
Science Foundation to carry out the purposes of this Act--
(1) $6,000,000 for fiscal year 2009;
(2) $8,000,000 for fiscal year 2010;
(3) $12,000,000 for fiscal year 2011; and
(4) $15,000,000 for fiscal year 2012.
Passed the House of Representatives July 9, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Federal Ocean Acidification Research And Monitoring Act of 2008 or FOARAM Act - (Sec. 3) Defines "ocean acidification," for this Act, as the decrease in pH of the Earth's oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere, including carbon dioxide.
(Sec. 4) Requires that the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council: (1) coordinate federal activities on ocean acidification; (2) report biennially to specified congressional committees; (3) transmit the strategic research plan developed under this Act to those committees; and (4) submit a revised plan at least once every five years.
(Sec. 5) Requires the Subcommittee to develop a strategic plan for federal ocean acidification research and monitoring that provides for an assessment of ocean acidification impacts on marine organisms and ecosystems and the development of adaptation and mitigation strategies to conserve marine organisms and ecosystems. Directs the Secretary of Commerce, through the administrator of the National Oceanic and Atmospheric Administration (NOAA), to enter into an agreement with the National Academy of Sciences (NAS) to review the plan.
(Sec. 6) Directs the Secretary to conduct research and monitoring and authorizes the Secretary to establish an ocean acidification program in NOAA consistent with the strategic research plan, including: (1) providing grants for critical research projects exploring the effects of ocean acidification on ecosystems and the socioeconomic impacts of increased ocean acidification that are relevant to the plan's goals and priorities; and (2) incorporating a competitive merit-based process for awarding grants that may be conducted jointly with other participating agencies or under the National Oceanographic Partnership Program.
(Sec. 7) Requires the NSF director to continue to carry out ocean acidification research supporting competitive, merit-based, peer-reviewed proposals for research and monitoring of ocean acidification and its impacts.
(Sec. 8) Requires the administrator of the National Aeronautics and Space Administration (NASA) to ensure that space-based monitoring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts.
(Sec. 9) Authorizes appropriations to NOAA and to NASA to carry out this Act. | {"src": "billsum_train", "title": "To establish an interagency committee to develop an ocean acidification research and monitoring plan and to establish an ocean acidification program within the National Oceanic and Atmospheric Administration."} | 3,142 | 504 | 0.721422 | 2.494268 | 0.827618 | 4.688679 | 7.033019 | 0.943396 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Puerto Rico Financial Improvement
and Bond Guarantee Act of 2015''.
SEC. 2. PURPOSE AND SENSE OF CONGRESS.
(a) Purpose.--The purpose of this Act is to empower the Secretary
of the Treasury to facilitate access of the government of Puerto Rico
to capital markets for--
(1) immediate short-term financing needs,
(2) capital expenditures, and
(3) debt refinancing,
by guaranteeing the principal and interest payments on bonds issued by
the government of Puerto Rico upon determination by the Secretary that
certain conditions relating to financial accountability in Puerto Rico
have been met.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Puerto Rico, as a territory, is treated inequitably and
inconsistently by Federal law and policy, and that such
treatment has contributed significantly to the current
financial distress of the government of Puerto Rico;
(2) consequently, there exists a Federal responsibility and
need to help the government of Puerto Rico gain access to the
capital markets on reasonable terms;
(3) stronger financial controls, budgeting processes, and
accountability measures should be implemented by the government
of Puerto Rico in order to improve its financial standing and
creditworthiness; and
(4) it is in the national interest of the United States to
reduce the risk of default by the government of Puerto Rico on
its bond payments, to ensure essential public services can be
provided in the territory, and to promote economic growth and
responsible borrowing in the territory.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Cost.--With respect to a guarantee, the term ``cost''
has the meaning given such term under section 502 of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a).
(2) Guarantee.--The term ``guarantee''--
(A) has the meaning given the term ``loan
guarantee'' in section 502 of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a); and
(B) includes a loan guarantee commitment (as
defined in such section 502).
(3) Instrumentality thereof.--With respect to Puerto Rico,
the term ``instrumentality thereof'' means any political
subdivision, instrumentality, or instrumentality of a political
subdivision of Puerto Rico.
(4) Obligation.--The term ``obligation'' means a bond that
is guaranteed under this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
TITLE I--FINANCIAL IMPROVEMENT AND BOND GUARANTEES FOR PUERTO RICO
SEC. 101. BOND GUARANTEES.
(a) General Authority.--The Secretary of the Treasury is authorized
to guarantee bonds issued by the government of Puerto Rico or any
instrumentality thereof that are issued solely for the purpose of
financing capital projects or refinancing existing debt.
(b) Limitation.--The authority granted under subsection (a) does
not extend to bonds issued to finance operational expenses, except with
respect to tax revenue anticipation notes.
SEC. 102. TERMS AND CONDITIONS.
(a) In General.--A guarantee made under this Act may guarantee up
to 100 percent of the principal and interest of the obligation.
(b) Receipt of Request.--A guarantee may only be made under this
Act if--
(1) the Secretary first receives a request for such
guarantee, in writing, from the Governor of Puerto Rico, along
with the terms, including the purpose and amount, of the bond
to be issued for which the guarantee is requested; and
(2) the Secretary determines, pursuant to section 103(b),
that the government of Puerto Rico and, if applicable, any
instrumentality thereof, has demonstrated meaningful
improvement in the management of its finances.
(c) Obligation Requirements.--
(1) Maturity.--An obligation shall require full repayment
over a period not to exceed 30 years.
(2) Interest rate.--An obligation shall bear interest at a
rate that does not exceed a level that the Secretary determines
appropriate.
(d) Agreement Document.--
(1) Minimum requirements.--A guarantee agreement shall be
written and executed for any guarantee made under this Act in
order that such guarantee may have legal effect, and, at a
minimum, shall include appropriate language detailing the terms
and conditions set forth in this Act for such guarantee.
(2) Additional terms and conditions.--A guarantee agreement
may include such detailed terms and conditions in addition to
those set forth in this section and as the Secretary determines
appropriate to protect the interests of the United States in
case of default and to ensure repayment.
(3) Authority of the secretary.--The Secretary is
authorized to agree to any modification, amendment, or waiver
or any such term or condition as the Secretary deems desirable
to protect the interests of the United States.
(e) Administrative Expenses.--
(1) In general.--The Secretary shall charge and collect
fees for guarantees made under this Act in amounts the
Secretary determines are sufficient to cover applicable
administrative expenses.
(2) Availability.--Fees collected under this subsection
shall be available to the Secretary, without further
appropriation, to pay for the administrative expenses of
carrying out this Act.
(f) Limitation.--A guarantee may be made under this Act only if the
Secretary determines that there is a reasonable prospect of repayment
of the principal and interest on the bond to be guaranteed.
SEC. 103. FINANCIAL IMPROVEMENT GUIDELINES AND DETERMINATION.
(a) Examination, Guidelines, and Recommendations.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall--
(A) examine the financial management practices of
the government of Puerto Rico and instrumentalities
thereof and identify specific areas in such practices
that may need improvement; and
(B) establish guidelines and recommendations for
the government of Puerto Rico and instrumentalities
thereof to use as a basis for making improvements in
its financial management practices and in determining
whether to make a guarantee requested under section
102(b).
(2) Criteria.--The guidelines and recommendations required
under paragraph (1) shall address, at a minimum, the following
criteria, where applicable:
(A) Fiscal stability and operational efficiency.
(B) Reduction in deficits and debt.
(C) Accuracy in estimating revenues and
expenditures.
(D) Collection of taxes due.
(E) Management of Federal grant monies.
(F) Quality of financial controls, statements, and
reporting.
(G) Use of information technology.
(H) Regulations and licensing requirements
affecting business establishment, expansion, and
operation.
(3) Revisions.--The Secretary may revise such guidelines
and recommendations as the Secretary determines appropriate.
(4) Transmission and public notice of guidelines and
recommendations.--The Secretary shall, within 10 days of
establishing or revising guidelines or recommendations under
this subsection--
(A) transmit such guidelines and recommendations to
the Governor of Puerto Rico and the Congress;
(B) publish such guidelines and recommendations in
the Federal Register; and
(C) make such guidelines and recommendations
available to the public on the website of the
Department of the Treasury.
(b) Financial Improvement Determination.--
(1) Determination.--The Secretary shall, for purposes of
section 102(b)(2), determine whether the government of Puerto
Rico and, if applicable, any instrumentality thereof, has
demonstrated meaningful improvement in the management of its
finances.
(2) Basis for determination.--In making a determination
under paragraph (1), the Secretary shall take into account the
guidelines and recommendations established under subsection (a)
and such other criteria as the Secretary determines
appropriate.
(3) Notification.--If, under paragraph (1), the Secretary
determines that the government of Puerto Rico and, if
applicable, any instrumentality thereof, has not demonstrated
meaningful improvement in the management of its finances, the
Secretary shall--
(A) notify the Governor of Puerto Rico and the
Congress, in writing, of the Secretary's decision and
the basis for such decision;
(B) publish a notice of such determination in the
Federal Register;
(C) make such notice available to the public on the
website of the Department of the Treasury;
(D) make recommendations to the Governor of Puerto
Rico on specific ways the government of Puerto Rico
and, if applicable, any instrumentality thereof, can
demonstrate meaningful improvement; and
(E) if the Secretary determines it appropriate,
make recommendations to--
(i) the Congress about specific legislation
that can be enacted to improve the finances,
financial stability, and financial management
practices of the government of Puerto Rico and
that would help the government of Puerto Rico
or any instrumentality thereof demonstrate
meaningful improvement and implement the
recommendations in the areas identified by the
Secretary under subsection (a)(1)(B); and
(ii) the heads of Federal departments and
agencies other than the Department of the
Treasury about specific administrative actions
that could be taken to improve the finances,
financial stability, and financial management
practices of the government of Puerto Rico and
that would help the government of Puerto Rico
or any instrumentality thereof demonstrate
meaningful improvement and implement the
recommendations in the areas identified by the
Secretary under subsection (a)(1)(B).
SEC. 104. PUBLIC NOTICE.
Upon making any guarantee under this Act, the Secretary shall
publish notice of such action, along with the results of the
determination made under section 103(b), in the Federal Register and
make such information available to the public on the website of the
Department of the Treasury.
SEC. 105. LOAN GUARANTEE FUNDING.
There are appropriated to the Secretary such sums as may be
necessary for the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of bond guarantees made under this title. The
Secretary may make such bond guarantees notwithstanding subsections (b)
and (d) of section 504 of the Federal Credit Reform Act of 1990 (2
U.S.C. 661c).
TITLE II--TECHNICAL ASSISTANCE FOR PUERTO RICO
SEC. 201. TECHNICAL ASSISTANCE.
The Secretary is authorized to provide advice and technical
assistance to the government of Puerto Rico and instrumentalities
thereof about ways and means to demonstrate meaningful improvement in
managing its finances (as described under section 103).
TITLE III--PURCHASE AND SALE OF PUERTO RICO BONDS
SEC. 301. AMENDMENT TO THE FEDERAL RESERVE ACT.
Section 14(b)(1) of the Federal Reserve Act (12 U.S.C. 355(1)) is
amended by inserting after ``continental United States'' the following:
``or Puerto Rico''. | Puerto Rico Financial Improvement and Bond Guarantee Act of 2015 This bill expresses the sense of Congress with respect to the current financial distress of the government of Puerto Rico. The Department of the Treasury may guarantee up to 100% of 30-year bonds issued by the government of Puerto Rico or any of its instrumentalities that are issued solely to finance capital projects or refinance existing debt, but not bonds to finance operational expenses. A guarantee is only permitted if Treasury determines that there is a reasonable prospect of repayment of the principal and interest on the bond to be guaranteed. Treasury shall: examine the financial management practices of the government of Puerto Rico and its instrumentalities, and establish guidelines and recommendations for making improvements in those practices and whether to make a requested guarantee. Appropriations are made to fund the loan guarantees. Treasury may also provide advice and technical assistance to the government of Puerto Rico. The Federal Reserve Act is amended to empower Federal Reserve banks to buy and sell bonds and notes issued by Puerto Rico in anticipation of the collection of taxes or receipt of assured revenues. | {"src": "billsum_train", "title": "Puerto Rico Financial Improvement and Bond Guarantee Act of 2015"} | 2,340 | 217 | 0.633648 | 1.859582 | 0.783758 | 4.066667 | 10.266667 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wealth Through the Workplace Act of
1999''.
SEC. 2. STOCK PURCHASE ARRANGEMENTS.
(a) In General.--Section 3 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1002) is amended by adding at the end
the following new paragraph:
``(42) The term `stock purchase arrangement', as used in paragraph
(1) and sections 105(e) and 414, means any arrangement which--
``(A) is maintained by an employer corporation for the
purpose of transferring, directly or indirectly, to the
employees covered under the arrangement shares of stock
pursuant to the exercise by the employee of an option granted
under the terms of the arrangement to the employee, and
``(B) is expressly designated in the terms governing the
arrangement as a stock purchase arrangement intended to meet
the requirements of section 414(b).''.
(b) Treatment as Employee Welfare Benefit Plan.--Paragraph (1) of
section 3 of such Act (29 U.S.C. 1002(1)) is amended by adding at the
end the following new sentence: ``Solely for purposes of sections
105(e) and 414 and part 5 (as applicable with respect to such
sections), a stock purchase arrangement shall be deemed to be an
employee welfare benefit plan and any employee covered under such an
arrangement shall be deemed to be a participant thereunder.''.
SEC. 3. STOCK PURCHASE ARRANGEMENTS.
(a) In General.--Part 4 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 is amended--
(1) by redesignating section 414 (29 U.S.C. 1114) as
section 415; and
(2) by inserting after section 413 (29 U.S.C. 1113) the
following new section:
``stock purchase arrangements
``Sec. 414. (a) In General.--A transaction which constitutes an
option or transfer described in section 3(42) under a stock purchase
arrangement shall be treated, solely for purposes of paragraph (5) of
section 502(a) (and part 5 as it relates to such paragraph), as a
practice in violation of the requirements of this title, unless such
stock purchase arrangement meets the requirements of subsection (b).
``(b) Requirements.--An allowable stock purchase arrangement meets
the requirements of this subsection if the following requirements are
met thereunder with respect to options and transfers described in
section 3(42):
``(1) Employment status required in relation to exercise of
option.--Under the terms of the arrangement--
``(A) options are to be granted only to employees
of the employer corporation or of its parent or
subsidiary corporation (including members of the board
of directors of any such corporation) to purchase stock
in the employer corporation or any other such
corporation, and
``(B) no option that has been granted to an
employee can be exercised unless, at all times during
the period beginning with the date of the granting of
the option to the employee and ending on the day 6
months before the date of the exercise of such option
by the employee, the employee is an employee of the
employer corporation, of a parent or subsidiary
corporation of the employer corporation, or of a
corporation (or a parent or subsidiary corporation of
such corporation) issuing or assuming a stock option in
a transaction to which subsection (c) applies.
``(2) Approval.--Such arrangement is approved by the board
of directors of the granting corporation (or, if required by
the bylaws of such corporation, by its shareholders), in
writing indicating that the arrangement is intended to meet the
requirements of this section, within 12 months before or after
the date such arrangement is adopted.
``(3) Larger shareholders excluded.--Under the terms of the
arrangement, no employee can be granted an option if such
employee, immediately after the option is granted, owns stock
possessing 5 percent or more of the total combined voting power
or value of all classes of stock of the employer corporation or
of its parent or subsidiary corporation. For purposes of this
paragraph, the rules of subsection (d) shall apply in
determining the stock ownership of an employee, and stock which
the employee may purchase under outstanding options shall be
treated as stock owned by the employee.
``(4) Participation.--
``(A) General rule.--Such options are granted
during each fiscal year of the arrangement to at least
50 percent of all individuals who are employees of the
employer corporation and, if any employee of a parent
or subsidiary corporation of the employer corporation
is covered under the arrangement, 50 percent of the
individuals who are employees of such parent or
subsidiary corporation.
``(B) Exception.--If the arrangement provides for
the exclusion of individuals--
``(i) who have been employed less than 2
years,
``(ii) whose customary employment is 20
hours or less per week,
``(iii) whose customary employment is for
not more than 5 months in any calendar year, or
``(iv) who are not United States citizens
or lawful permanent residents of the United
States (as defined in section 7701(b)(6) of the
Internal Revenue Code of 1986),
then subparagraph (A) shall be applied after first
disregarding all such excluded individuals.
``(5) Uniform rights and privileges.--All employees granted
such options shall have the same rights and privileges, except
that the amount of stock which may be purchased by any employee
under such option may bear a uniform relationship to the total
compensation, or the basic or regular rate of compensation, of
such employee, and the arrangement may provide that no employee
may purchase more than a maximum amount of stock fixed under
the arrangement.
``(6) Valuation requirements.--Under the terms of the
arrangement, the option price is not less than the lesser of--
``(A) an amount equal to 85 percent of the fair
market value of the stock at the time such option is
granted, or
``(B) an amount which under the terms of the
arrangement may not be less than 85 percent of the fair
market value of the stock at the time such option is
exercised.
``(7) Limited transferability.--Under the terms of the
arrangement, such option is not transferable by the employee
otherwise than by will or the laws of descent and distribution,
and is exercisable, during his lifetime, only by him.
``(8) Publicly traded and regulated stock.--The class of
shares of stock with respect to which the option is granted is
a class of shares of stock which are publicly traded on an
exchange regulated by the Securities and Exchange Commission.
``(9) Rate of cash compensation must be unaffected.--The
grant of any options under the arrangement may not be directly
linked with a systematic reduction in the annual rate at which
basic or regular cash compensation is paid to employees under
the arrangement, as determined under regulations prescribed by
the Secretary of the Treasury.
``(c) Corporate Reorganizations, Liquidations, Etc.--For purposes
of this section, the term `issuing or assuming a stock option in a
transaction to which subsection (c) applies' means a substitution of a
new option for the old option, or an assumption of the old option, by
the employer corporation, or by a parent or subsidiary of the employer
corporation, by reason of a corporate merger, consolidation,
acquisition of property or stock separation, reorganization, or
liquidation, if--
``(1) the excess of the aggregate fair market value of the
shares subject to the option immediately after the substitution
or assumption over the aggregate option priced of such shares
is not more than the excess of the aggregate fair market value
of all shares subject to the option immediately before such
substitution or assumption over the aggregate option price of
such shares, and
``(2) the new option or the assumption of the old option
does not give the employee additional benefits which he did not
have under the old option.
For purposes of this subsection, the parent-subsidiary relationship
shall be determined at the time of any such transaction under this
subsection.
``(d) Attribution of Stock Ownership.--For purposes of this
section, in applying the percentage limitations of subsection (b)(3)--
``(1) the employee with respect to whom such limitation is
being determined shall be considered as owning the stock owned,
directly or indirectly, by or for his brothers and sisters
(whether by the whole or half blood), spouse, ancestors, and
lineal descendants, and
``(2) stock owned, directly or indirectly, by or for a
corporation, partnership, estate, or trust, shall be considered
as being owned proportionately by or for its shareholders,
partners, or beneficiaries.
``(e) Definitions and Additional Rules.--
``(1) Parent corporation.--For purposes of this section,
the term `parent corporation' means any corporation (other than
the employer corporation) in an unbroken chain of corporations
ending with the employer corporation if, at the time of the
granting of the option, each of the corporations other than the
employer corporation owns stock possessing 50 percent or more
of the total combined voting power of all classes of stock in
one of the other corporations in such chain.
``(2) Subsidiary corporation.--For purposes of this
section, the term `subsidiary corporation' means any
corporation (other than the employer corporation) in an
unbroken chain of corporations beginning with the employer
corporation if, at the time of the granting of the option, each
of the corporations other than the last corporation in the
unbroken chain owns stock possessing 50 percent or more of the
total combined voting power of all classes of stock in one of
the other corporations in such chain.
``(3) Special rule for applying paragraphs (1) and (2).--In
applying paragraphs (1) and (2) for purposes of subsection
(b)(1)(B), there shall be substituted for the term `employer
corporation' wherever it appears in paragraphs (1) and (2) the
term `grantor corporation' or the term `corporation issuing or
assuming a stock option in a transaction to which subsection
(c) applies' as the case may be.
``(f) Modification, Extension, or Renewal of Option.--
``(1) In general.--For purposes of this section, if the
terms of any option to purchase stock are modified, extended,
or renewed, such modification, extension, or renewal shall be
considered as the granting of a new option.
``(2) Special rules.--In the case of the transfer of stock
pursuant to the exercise of an option which has been so
modified, extended, or renewed, the fair market value of such
stock at the time of the granting of such option shall be
considered as whichever of the following is the highest:
``(A) the fair market value of such stock on the
date of the original granting of the option,
``(B) the fair market value of such stock on the
date of the making of such modification, extension, or
renewal, or
``(C) the fair market value of such stock at the
time of the making of any intervening modification,
extension, or renewal.
``(3) Definition of modification.--The term `modification'
means any change in the terms of the option which gives the
employee additional benefits under the option, but such term
shall not include a change in the terms of the option--
``(A) attributable to the issuance or assumption of
an option under subsection (c),
``(B) to permit the option to meet the requirements
of subsection (b)(7), or
``(C) in the case of an option not immediately
exercisable in full, to accelerate the time at which
the option may be exercised.
``(g) Director or Stockholder Approval.--For purposes of this
section, if the grant of an option is subject to approval by directors
or stockholders, the date of grant of the option shall be determined as
if the option had not been subject to such approval.
``(h) Limited Effect on Tax Provisions.--The provisions of this
section shall not be construed to alter, amend, modify, invalidate,
impair, or supersede any provision of section 421 or 423 of the
Internal Revenue Code of 1986, except as provided in section 421(d) of
such Code.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by striking the item relating to section 414 and
inserting the following new items:
``Sec. 414. Allowable stock purchase arrangements.
``Sec. 415. Effective date.''.
SEC. 4. NOTICE REQUIREMENT.
(a) In General.--Section 105 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1025) is amended by adding at the end
the following new subsection:
``(e) The employer corporation maintaining a stock purchase
arrangement shall provide at least annually to employees who have been
granted an option to purchase stock under such arrangement a
description of disclosure statements regarding the stock that are
available from the Securities and Exchange Commission and the manner in
which such disclosure statements may be obtained from such Commission.
Descriptions under this subsection shall be made in language that is
easily understood by the typical employee.''.
(b) Penalty of $100 a Day for Noncompliance.--Section 502(c)(3) of
such Act (29 U.S.C. 1132(c)(3)) is amended by inserting ``or 105(e)''
after ``section 101(e)(2)''.
SEC. 5. TREATMENT UNDER INTERNAL REVENUE CODE OF 1986.
Section 421 of the Internal Revenue Code of 1986 (relating to
general rules for certain stock options) is amended by adding at the
end the following new subsection:
``(d) Stock Options Under Section 414(b) of Employee Retirement
Income Security Act of 1974; Deduction Allowed to Corporation.--
``(1) In general.--Except as otherwise provided in this
subsection, subsection (a) (other than paragraph (2) thereof)
shall apply to any share of stock transferred to an individual
in a transfer in respect of which the requirements of section
414(b) of Employee Retirement Income Security Act of 1974 are
met.
``(2) Effect of disqualifying disposition.--If--
``(A) any share of stock is transferred to an
individual in a transfer in respect of which the
requirements of section 414(b) of Employee Retirement
Income Security Act of 1974 are met, and
``(B) such individual disposes of such share within
2 years from the date of the granting of the option or
within 1 year after the transfer of such share to such
individual,
then any increase in the income of such individual for the
taxable year in which such exercise occurred attributable to
such disposition shall be treated as an increase in income in
the taxable year of such individual in which such disposition
occurred.
``(3) Limitation on employer deduction.--If--
``(A) any share of stock is transferred to an
individual in a transfer in respect of which the
requirements of section 414(b) of Employee Retirement
Income Security Act of 1974 are met, and
``(B) such share is not disposed of in a
disposition to which paragraph (2) applies,
the aggregate deduction allowed under section 162(a) to the
corporations referred to in subsection (a)(2) shall not exceed
the excess (if any) of the fair market value of such share at
the time the option is exercised over the fair market value of
such share at the time the option is granted.
``(4) Other rules.--References in subsection (c) to section
423 shall be treated as references to the corresponding
provisions of section 414(b) of Employee Retirement Income
Security Act of 1974.''
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall take apply with respect to
options offered on or after January 1, 2000. | Amends the Internal Revenue Code to provide for special treatment of stock options meeting such ERISA requirements. Permits employees to defer payment of taxes at a special rate on the stock obtained through the options until they sell the stock. Allows employers a limited tax deduction for such stock transfers to employees. Sets forth certain restrictions on disposition of transferred shares. | {"src": "billsum_train", "title": "Wealth Through the Workplace Act of 1999"} | 3,535 | 77 | 0.455772 | 1.124983 | 0.47275 | 1.138462 | 51.092308 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prescription Drug Affordability
Act''.
TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE OF 1986
SEC. 101. INCOME TAX CREDIT FOR PRESCRIPTION DRUGS PURCHASED BY
INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25A the
following new section:
``SEC. 25B. PRESCRIPTION DRUGS PURCHASED BY INDIVIDUALS WHO HAVE
ATTAINED SOCIAL SECURITY RETIREMENT AGE.
``(a) In General.--In the case of an individual who has attained
social security retirement age, there shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 80 percent of the amount paid by the taxpayer during the
taxable year (and not compensated for by insurance or otherwise) for
any prescribed drug (as defined in section 213(d)(3)) for use by such
individual.
``(b) Social Security Retirement Age.--For purposes of this
section, the term `social security retirement age' means retirement age
(as defined in section 216(l)(1) of the Social Security Act).
``(c) Denial of Double Benefit.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this subsection) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with medical savings accounts.--No
credit shall be allowed under this section for amounts paid
from any medical savings account (as defined in section
220(d)).
``(d) Election Not To Have Credit Apply.--This section shall not
apply to a taxpayer for a taxable year if the taxpayer elects not to
have this section apply for such year.''
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25A the following new
item:
``Sec. 25B. Prescription drugs purchased
by individuals who have
attained social security
retirement age.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning more than 1 year after the date of the
enactment of this Act.
TITLE II--AMENDMENTS TO FEDERAL FOOD, DRUG, AND COSMETIC ACT
SEC. 201. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND
DRUG ADMINISTRATION.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended--
(1) by striking section 804 (as added by section 745(c)(2)
of Public Law 106-387); and
(2) in section 801(d)--
(A) by striking paragraph (2); and
(B) by striking ``(d)(1)'' and all that follows
through the end of paragraph (1) and inserting the
following:
``(d)(1)(A) A person who meets applicable legal requirements to be
an importer of drugs described in subparagraph (B) may import such a
drug (without regard to whether the person is a manufacturer of the
drug) if the person submits to the Secretary an application to import
the drug and the Secretary approves the application.
``(B) For purposes of subparagraph (A), the drugs described in this
subparagraph are drugs that are subject to section 503(b)(1) or that
are composed wholly or partly of insulin.
``(C) The Secretary shall approve an application under subparagraph
(A) if the application demonstrates that the drug to be imported meets
all requirements under this Act for the admission of the drug into the
United States, including demonstrating that--
``(i) an application for the drug has been approved under
section 505, or as applicable, under section 351 of the Public
Health Service Act; and
``(ii) the drug is not adulterated or misbranded.
``(D) Not later than 60 days after the date on which an application
under subparagraph (A) is submitted to the Secretary, the Secretary
shall--
``(i) approve the application; or
``(ii) refuse to approve the application and provide to the
person who submitted the application the reason for such
refusal.
``(E) This paragraph may not be construed as affecting any right
secured by patent.''.
(b) Conforming Amendments.--Section 801(d) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(2) in paragraph (3) (as so redesignated) by striking
``paragraph (3)'' each place such term appears and inserting
``paragraph (2)''.
SEC. 202. INTERNET SALES OF PRESCRIPTION DRUGS.
Section 503(b) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(b)) is amended by adding at the end the following paragraph:
``(6)(A) With respect to the interstate sale of a prescription drug
through an Internet site, the Secretary may not with respect to such
sale take any action under this Act against any of the persons involved
if--
``(i) the sale was made in compliance with this Act and
with State laws that are applicable to the sale of the drug;
and
``(ii) accurate information regarding compliance with this
Act and such State laws is posted on the Internet site.
``(B) For purposes of subparagraph (A), the sale of a prescription
drug by a person shall be considered to be an interstate sale of the
drug through an Internet site if--
``(i) the purchaser of the drug submits the purchase order
for the drug, or conducts any other part of the sales
transaction for the drug, through an Internet site; and
``(ii) pursuant to such sale, the person introduces the
drug into interstate commerce or delivers the drug for
introduction into such commerce.
``(C) Subparagraph (A) may not be construed as authorizing the
Secretary to enforce any violation of State law.
``(D) For purposes of this paragraph, the term `prescription drug'
means a drug that is subject to paragraph (1).''.
SEC. 203. REGULATIONS OF SECRETARY OF HEALTH AND HUMAN SERVICES;
EFFECTIVE DATE.
(a) Regulations.--Before the expiration of the period specified in
subsection (b), the Secretary of Health and Human Services shall
promulgate regulations to carry out the amendments to the Federal Food,
Drug, and Cosmetic Act that are made by sections 201 and 202.
(b) Effective Date.--The amendments to the Federal Food, Drug, and
Cosmetic Act that are made by sections 201 and 202 take effect upon the
expiration of the one-year period beginning on the date of the
enactment of this Act, without regard to whether the regulations
required in subsection (a) have been promulgated. | Prescription Drug Affordability Act - Amends the Internal Revenue Code to provide that, in the case of an individual who has attained Social Security retirement age, there shall be allowed a tax credit equal to 80 percent of the amount paid by the taxpayer (and not compensated for by insurance or otherwise) for any prescribed drug the individual uses.Amends the Federal Food, Drug, and Cosmetic Act (FDCA) and the Medicine Equity and Drug Safety Act of 2000 to repeal certain drug reimportation provisions and authority for the importation of a prohibited drug required for emergency medical care. Permits a person who meets applicable legal requirements to be an importer of drugs to import (without regard to whether the person is a manufacturer of the drug) certain Food and Drug Administration-approved new drugs, which are neither adulterated nor misbranded, and which require a prescription, if the person submits an drug import application and the Secretary approves the application.Prohibits the Secretary from taking any action under the FDCA with respect to the interstate sale of a prescription drug through an Internet site, if the sale was made in compliance with the FDCA and with applicable State laws, and accurate information regarding compliance with the FDCA and such State laws is posted on the site. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 with respect to the purchase of prescription drugs by individuals who have attained retirement age, and to amend the Federal Food, Drug, and Cosmetic Act with respect to the importation of prescription drugs and the sale of such drugs through Internet sites."} | 1,751 | 279 | 0.51772 | 1.502549 | 0.699108 | 5.034043 | 6.33617 | 0.889362 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Uninsured Tax Equity Act of
1999''.
SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and by
inserting after section 34 the following new section:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 30 percent of the amount paid during the taxable year for
insurance which constitutes medical care for the taxpayer, his spouse,
and dependents.
``(b) Limitations.--
``(1) Limitation based on earned income.--The payments
taken into account under subsection (a) for any taxable year
shall not exceed the sum of--
``(A) the taxpayer's wages, salaries, tips, and
other employee compensation includible in gross income,
plus
``(B) the taxpayer's earned income (as defined in
section 401(c)(2)).
``(2) Limitation based on other coverage.--Subsection (a)
shall not apply to--
``(A) any taxpayer for any calendar month for which
the taxpayer is eligible to participate in any
subsidized health plan maintained by any employer of
the taxpayer or of the spouse of the taxpayer, or
``(B) amounts paid for coverage under--
``(i) part B of title XVIII of the Social
Security Act, or
``(ii) a Medicare supplemental policy
(within the meaning of section 1882(g)(1) of
the Social Security Act (42 U.S.C.
1395ss(g)(1))) or similar supplemental coverage
provided under a group health plan.
The rule of the last sentence of section 162(l)(2)(B) shall
apply for purposes of subparagraph (A).
``(c) Limitation Based on Adjusted Gross Income.--
``(1) In general.--No credit shall be allowed under
subsection (a) for any taxable year for which the taxpayer's
adjusted gross income exceeds the applicable dollar amount by
$10,000 or more.
``(2) Phaseout.--If the taxpayer's adjusted gross income
for the taxable year exceeds the applicable dollar amount by
less than $10,000, the credit which would (but for this
subsection and subsection (d)) be allowed under subsection (a)
shall be reduced (but not below zero) by an amount which bears
the same ratio to such credit as such excess bears to $10,000.
Any reduction under the preceding sentence which is not a
multiple of $10 shall be rounded to the next lowest $10.
``(3) Applicable dollar amount.--The term `applicable
dollar amount' means--
``(A) in the case of a taxpayer filing a joint
return, $50,000,
``(B) in the case of any other taxpayer (other than
a married individual filing a separate return),
$30,000, and
``(C) in the case of a married individual filing a
separate return, zero.
``(4) Special rule for married individuals filing
separately and living apart.--A husband and wife who--
``(A) file separate returns for any taxable year,
and
``(B) live apart at all times during such taxable
year,
shall not be treated as married individuals for purposes of
this paragraph.
``(d) Limitation Based on Amount of Tax.--
``(1) In general.--The credit allowed by subsection (a) for
the taxable year (determined after the application of
subsections (b) and (c)) shall not exceed the sum of--
``(A) the tax imposed by this chapter for the
taxable year (reduced by the credits allowable against
such tax other than the credits allowable under this
subpart), and
``(B) the taxpayer's social security taxes for such
taxable year.
``(2) Social security taxes.--For purposes of paragraph
(1)--
``(A) In general.--The term `social security taxes'
means, with respect to any taxpayer for any taxable
year--
``(i) the amount of the taxes imposed by
sections 3101, 3111, 3201(a), and 3221(a) on
amounts received by the taxpayer during the
calendar year in which the taxable year begins,
``(ii) the taxes imposed by section 1401 on
the self-employment income of the taxpayer for
the taxable year, and
``(iii) the taxes imposed by section
3211(a)(1) on amounts received by the taxpayer
during the calendar year in which the taxable
year begins.
``(B) Coordination with special refund of social
security taxes.--The term `social security taxes' shall
not include any taxes to the extent the taxpayer is
entitled to a special refund of such taxes under
section 6413(c).
``(C) Special rule.--Any amounts paid pursuant to
an agreement under section 3121(l) (relating to
agreements entered into by American employers with
respect to foreign affiliates) which are equivalent to
the taxes referred to in subparagraph (A)(i) shall be
treated as taxes referred to in such subparagraph.
``(e) Coordination With Other Provisions.--
``(1) Deduction for medical expenses.--The amount taken
into account in computing the credit under subsection (a) shall
not be taken into account in computing the amount allowable to
the taxpayer as a deduction under section 213(a).
``(2) Self-employed individuals allowed either deduction or
credit for health insurance.--No credit shall be allowed under
this section to a taxpayer for a taxable year if any amount is
allowed as a deduction to such taxpayer for such year under
section 162(l).
``(f) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(g) Section Not To Apply to Long-Term Care Insurance.--This
section shall not apply to insurance which constitutes medical care by
reason of section 213(d)(1)(C).''
(b) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of such Code is amended by
striking the last item and inserting the following new items:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Limits the full credit to individuals whose adjusted gross income is under $30,000 ($50,000 if filing a joint return). Disallows any credit to a married individual filing a separate return, but treats married individuals living apart and filing separate returns as not married (thus qualifying them for the credit). Prescribes a formula for phase-out of the credit for taxpayers with an adjusted gross income exceeding $30,000 ($50,000 for a joint return) by less than $10,000.
Allows self-employed individuals to elect such credit or the deduction for medical expenses, but not both.
States that such credit does not apply to long- term health care insurance. | {"src": "billsum_train", "title": "Working Uninsured Tax Equity Act of 1999"} | 1,566 | 138 | 0.451583 | 1.161492 | 0.586323 | 1.757813 | 10.867188 | 0.835938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fort Peck Reservation Rural Water
System Act of 1997''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) there are insufficient water supplies available to
residents of the Fort Peck Indian Reservation in Montana, and
the water systems that are available do not meet minimum health
and safety standards and therefore pose a threat to public
health and safety;
(2) the United States has a trust responsibility to ensure
that adequate and safe water supplies are available to meet the
economic, environmental, water supply, and public health needs
of the Fort Peck Indian Reservation; and
(3) the best available, reliable, and safe rural and
municipal water supply to serve the needs of the Fort Peck
Indian Reservation is the Missouri River.
(b) Purposes.--The purposes of this Act are--
(1) to ensure a safe and adequate municipal, rural, and
industrial water supply for the residents of the Fort Peck
Indian Reservation in Montana; and
(2) to assist the citizens of Roosevelt, Sheridan, Daniels,
and Valley Counties, Montana, outside the Fort Peck Indian
Reservation, in developing safe and adequate municipal, rural,
and industrial water supplies.
SEC. 3. DEFINITIONS.
In this Act:
(1) Counties water system.--The term ``Counties Water
System'' means the Roosevelt, Sheridan, Daniels, and Valley
Counties Rural Water System authorized by section 5.
(2) Fort peck tribe.--The term ``Fort Peck tribe'' means
the Assiniboine Indian Tribe or the Sioux Indian Tribe within
the Fort Peck Indian Reservation.
(3) Fort peck water system.--The term ``Fort Peck Water
System'' means the Fort Peck Reservation Rural Water System
authorized by section 4.
(4) Pick-sloan.--The term ``Pick-Sloan'' means the Pick-
Sloan Missouri River Basin Program authorized by section 9 of
the Act of December 22, 1944 (58 Stat. 891, chapter 665)
(commonly known as the ``Flood Control Act of 1944'').
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. FORT PECK RESERVATION RURAL WATER SYSTEM.
(a) Authorization.--The Secretary shall plan, design, construct,
operate, maintain, and replace a municipal, rural, and industrial water
system, to be known as the ``Fort Peck Reservation Rural Water
System'', as generally described in the report entitled ``Technical
Report for the Fort Peck Reservation Rural Water System'' and dated
July 1995.
(b) Components.--The Fort Peck Water System shall consist of--
(1) pumping and treatment facilities located along the
Missouri River near Poplar, Montana;
(2) pipelines extending from the Missouri River near
Poplar, Montana, throughout the Fort Peck Indian Reservation;
(3) facilities to allow for future interconnections to
areas outside the Fort Peck Indian Reservation, including the
communities of Plentywood, Scobey, Flaxville, and Culbertson,
Montana;
(4) distribution and treatment facilities to serve the
needs of the Fort Peck Indian Reservation, including--
(A) water systems in existence on the date of
enactment of this Act that may be purchased, improved,
and repaired in accordance with the cooperative
agreement under subsection (c); and
(B) water systems owned by individual tribal
members and other residents of the Fort Peck Indian
Reservation;
(5) appurtenant buildings and access roads;
(6) all property and property rights necessary for the
facilities described in this subsection;
(7) electrical power transmission and distribution
facilities necessary for services to Fort Peck Water System
facilities; and
(8) such other pipelines, pumping plants, and facilities as
the Secretary determines to be appropriate to meet the water
supply, economic, public health, and environmental needs of the
Fort Peck Indian Reservation, including water storage tanks,
water lines, and other facilities for the Fort Peck tribes and
the villages, towns, and municipalities in the Fort Peck Indian
Reservation.
(c) Cooperative Agreement.--
(1) In general.--The Secretary shall enter into a
cooperative agreement with the Fort Peck Tribal Executive Board
for planning, designing, constructing, operating, maintaining,
and replacing the Fort Peck Water System.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall specify, in a manner that is acceptable to
the Secretary and the Fort Peck Tribal Executive Board--
(A) the responsibilities of each party to the
agreement for--
(i) needs assessment, feasibility, and
environmental studies;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to
performance of the activities described in
clauses (i) through (iv);
(B) the procedures and requirements for approval
and acceptance of the design and construction; and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(3) Optional provisions.--The cooperative agreement under
paragraph (1) may include provisions relating to the purchase,
improvement, and repair of water systems in existence on the
date of enactment of this Act, including systems owned by
individual tribal members and other residents of the Fort Peck
Indian Reservation.
(4) Termination.--The Secretary may terminate a cooperative
agreement under paragraph (1) if the Secretary determines
that--
(A) the quality of construction does not meet all
standards established for similar facilities
constructed by the Secretary; or
(B) the operation and maintenance of the Fort Peck
Water System does not meet conditions acceptable to the
Secretary that are adequate to fulfill the obligations
of the United States to the Fort Peck tribes.
(5) Transfer.--On execution of a cooperative agreement
under paragraph (1), in accordance with the cooperative
agreement, the Secretary may transfer to the Fort Peck tribes,
on a nonreimbursable basis, funds made available for the Fort
Peck Water System under section 7.
(d) Service Area.--The service area of the Fort Peck Water System
shall be--
(1) the area within the boundaries of the Fort Peck Indian
Reservation; and
(2) the service area of the Counties Water System described
in section 5(d).
(e) Construction Requirements.--The components of the Fort Peck
Water System shall be planned and constructed to a size sufficient to
meet the municipal, rural, and industrial water supply requirements of
the service area of the Fort Peck Water System described in subsection
(d).
(f) Title to Fort Peck Water System.--Title to the Fort Peck Water
System shall be held in trust by the United States for the Fort Peck
tribes and shall not be transferred unless a transfer is authorized by
an Act of Congress enacted after the date of enactment of this Act.
(g) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Fort Peck
Water System until--
(1) the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to
the Fort Peck Water System; and
(2) a final engineering report for the Fort Peck Water
System is approved by the Secretary.
(h) Technical Assistance.--The Secretary shall provide such
technical assistance as is necessary to enable the Fort Peck tribes to
plan, design, construct, operate, maintain, and replace the Fort Peck
Water System, including operation and management training.
(i) Application of Indian Self-Determination Act.--Planning,
design, construction, operation, maintenance, and replacement of the
Fort Peck Water System within the Fort Peck Indian Reservation shall be
subject to the Indian Self-Determination Act (25 U.S.C. 450f et seq.).
(j) Use of Pick-Sloan Power.--
(1) In general.--The Fort Peck Water System shall use power
from Pick-Sloan for operation. The use of the power shall be
considered to be a project use pumping requirement of Pick-
Sloan.
(2) Reservation of power.--Power identified for future
project use pumping shall be reserved for and made available
for the purpose authorized by paragraph (1).
(3) Rate.--The rate for project use power made available
under paragraph (2) shall be the wholesale firm power rate for
Pick-Sloan (Eastern Division) in effect at the time at which
the power is sold.
(4) Additional power.--
(A) In general.--If power in addition to that made
available under paragraph (2) is required to meet the
pumping requirements of the service area of the Fort
Peck Water System described in subsection (d), the
Administrator of the Western Area Power Administration
may purchase the necessary additional power under such
terms and conditions as the Administrator determines to
be appropriate.
(B) Recovery of expenses.--Expenses associated with
power purchases under subparagraph (A) shall be
recovered through a separate power charge, sufficient
to recover the expenses, applied to the Fort Peck Water
System.
SEC. 5. ROOSEVELT, SHERIDAN, DANIELS, AND VALLEY COUNTIES RURAL WATER
SYSTEM.
(a) Planning and Construction.--
(1) Authorization.--The Secretary shall enter into a
cooperative agreement with appropriate non-Federal entities to
provide Federal funds for the planning, design, and
construction of the Roosevelt, Sheridan, Daniels, and Valley
Counties Rural Water System in Roosevelt, Sheridan, Daniels,
and Valley Counties, Montana, outside the Fort Peck Indian
Reservation.
(2) Use of federal funds.--
(A) Federal share.--The Federal share of the cost
of the planning, design, and construction of the
Counties Water System shall be not more than 75
percent.
(B) Cooperative agreements.--Federal funds made
available to carry out this section may be obligated
and expended only through a cooperative agreement
described in subsection (c).
(b) Components.--The components of the Counties Water System on
which Federal funds may be obligated and expended under this section
shall include--
(1) water intake, pumping, treatment, storage,
interconnection, and pipeline facilities;
(2) appurtenant buildings and access roads;
(3) all property and property rights necessary for the
facilities described in this subsection;
(4) electrical power transmission and distribution
facilities necessary for services to Counties Water System
facilities;
(5) planning and design services for all facilities; and
(6) other facilities and services customary to the
development of rural water distribution systems in Montana.
(c) Cooperative Agreement.--
(1) In general.--The Secretary, with the concurrence of the
Fort Peck Reservation Rural Water System Board, shall enter
into a cooperative agreement with appropriate non-Federal
entities to provide Federal assistance for the planning,
design, and construction of the Counties Water System.
(2) Mandatory provisions.--The cooperative agreement under
paragraph (1) shall specify, in a manner that is acceptable to
the Secretary--
(A) the responsibilities of each party to the
agreement for--
(i) needs assessment, feasibility, and
environmental studies;
(ii) engineering and design;
(iii) construction;
(iv) water conservation measures; and
(v) administration of contracts relating to
performance of the activities described in
clauses (i) through (iv);
(B) the procedures and requirements for approval
and acceptance of the design and construction; and
(C) the rights, responsibilities, and liabilities
of each party to the agreement.
(d) Service Area.--The service area of the Counties Water System
shall be the area in Montana north of the Missouri River, south of the
border between the United States and Canada, west of the border between
the States of North Dakota and Montana, and east of a north-south line
between the Missouri River and the Canadian border, which line passes
through the westernmost boundary of the city of Glasgow, except that
the service area shall not include the area inside the Fort Peck Indian
Reservation.
(e) Limitation on Availability of Construction Funds.--The
Secretary shall not obligate funds for construction of the Counties
Water System before the date that is 90 days after the date of
submission of a final engineering report to Congress.
(f) Interconnection of Facilities and Waiver of Charges.--The
Secretary may--
(1) interconnect the Counties Water System with the Fort
Peck Water System; and
(2) provide for the delivery of water to the Counties Water
System, without charge, from the Missouri River through the
Fort Peck Water System.
(g) Limitation on Use of Federal Funds.--The operation and
maintenance expenses associated with water deliveries to the Counties
Water System shall be a non-Federal responsibility. The Secretary may
not obligate or expend any Federal funds for the operation,
maintenance, or replacement of the Counties Water System.
SEC. 6. WATER RIGHTS.
This Act does not--
(1) impair the validity of or preempt any provision of
State water law or any interstate compact governing water;
(2) alter the right of any State to any appropriated share
of the waters of any body of surface or ground water, whether
determined by any past or future interstate compact or by any
past or future legislative or final judicial allocation;
(3) preempt or modify any Federal or State law or
interstate compact concerning water quality or disposal;
(4) confer on any non-Federal entity the authority to
exercise any Federal right to the waters of any stream or to
any ground water resource;
(5) affect any right of the Fort Peck tribes to water,
located within or outside the external boundaries of the Fort
Peck Indian Reservation, based on a treaty, compact, executive
order, agreement, Act of Congress, aboriginal title, the
decision in Winters v. United States, 207 U.S. 564 (1908)
(commonly known as the ``Winters Doctrine''), or other law; or
(6) validate or invalidate any assertion of the existence,
nonexistence, or extinguishment of any water right or Indian
water compact held by the Fort Peck tribes or by any other
Indian tribe or individual Indian under Federal or State law.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Fort Peck Water System.--There are authorized to be
appropriated--
(1) over a period of 5 fiscal years, $109,000,000 for the
planning, design, and construction of the Fort Peck Water
System; and
(2) such sums as are necessary for the operation and
maintenance of the Fort Peck Water System.
(b) Counties Water System.--There are authorized to be appropriated
such sums as are necessary to carry out section 5. | Fort Peck Reservation Rural Water System Act of 1997 - Directs the Secretary of the Interior to plan, design, construct (including replacement of structures and equipment), operate, maintain, and replace the Fort Peck Reservation Rural Water System (Water System). Directs the Secretary to enter into a cooperative agreement with the Fort Peck Tribal Executive Board regarding the Water System.
Provides that title to the Water System be held in trust by the United States for the Fort Peck Tribes and not be transferred unless a transfer is authorized by an Act of Congress enacted after the enactment of this Act.
Limits the availability of construction funds for the construction of the Water System until certain requirements are met.
Directs the Water System to use power from the Pick-Sloan Missouri Basin Program for operation. Considers use of the power to be a project use pumping requirement of Pick-Sloan.
Directs the Secretary to enter into a cooperative agreement with appropriate non-Federal entities to provide Federal funds for the planning, design, and construction of the Roosevelt, Sheridan, Daniels, and Valley Counties Water System (Counties System), Montana, outside the Fort Peck Indian Reservation. Limits the Federal share to 75 percent. Requires cooperative agreement concurrence by the Water System Board. Authorizes the Secretary to: (1) interconnect the Counties System with the Water System; and (2) provide for the delivery of water to the Counties System, without charge, from the Missouri River through the Water System. Prohibits Federal funds from being used for operation and maintenance expenses associated with water deliveries to the Counties System.
Authorizes appropriations. | {"src": "billsum_train", "title": "Fort Peck Reservation Rural Water System Act of 1997"} | 3,263 | 362 | 0.67912 | 2.193208 | 0.698586 | 5.155063 | 9.537975 | 0.920886 |
SECTION 1. TERRITORIAL AND FREELY ASSOCIATED STATE INFRASTRUCTURE
ASSISTANCE.
Section 4(b) of Public Law 94-241 (90 Stat. 263) as added by
section 10 of Public Law 99-396 (99 Stat. 837, 841) is amended by
deleting ``until Congress otherwise provides by law.'' and inserting in
lieu thereof: ``except that, for fiscal years 1996 and thereafter,
payments to the Commonwealth of the Northern Mariana Islands pursuant
to the multi-year funding agreements contemplated under the Covenant
shall be limited to the amounts set forth in the Agreement of the
Special Representatives on Future Federal Financial Assistance of the
Northern Mariana Islands, executed on December 17, 1992 between the
special representative of the President of the United States and
special representatives of the Governor of the Northern Mariana Islands
and shall be subject to all the requirements of such Agreement with any
additional amounts otherwise made available under this section in any
fiscal year and not required to meet the schedule of payments set forth
in the Agreement to be provided as set forth in subsection (c) until
Congress otherwise provides by law.
``(c) The additional amounts referred to in subsection (b) shall be
made available to the Secretary for obligation as follows:
``(1) for fiscal year 1996, all such amounts shall be
provided for capital infrastructure projects in American Samoa;
and
``(2) for fiscal years 1997 and thereafter, all such
amounts shall be available solely for capital infrastructure
projects in Guam, the Virgin Islands, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
Palau, the Federated States of Micronesia and the Republic of
the Marshall Islands: Provided, That, in fiscal year 1997, $3
million of such amounts shall be made available to the College
of the Northern Marianas and beginning in fiscal year 1997, and
in each year thereafter, not to exceed $3 million may be
allocated, as provided in Appropriation Acts, to the Secretary
of the Interior for use by Federal agencies or the Commonwealth
of the Northern Mariana Islands to address immigration, labor,
and law enforcement issues in the Northern Mariana Islands,
including, but not limited to detention and corrections needs.
The specific projects to be funded shall be set forth in a
five-year plan for infrastructure assistance developed by the
Secretary of the Interior in consultation with each of the
island governments and updated annually and submitted to the
Congress concurrent with the budget justifications for the
Department of the Interior. In developing and updating the five
year plan for capital infrastructure needs, the Secretary shall
indicate the highest priority projects, consider the extent to
which particular projects are part of an overall master plan,
whether such project has been reviewed by the Corps of
Engineers and any recommendations made as a result of such
review, the extent to which a set-aside for maintenance would
enhance the life of the project, the degree to which a local
cost-share requirement would be consistent with local economic
and fiscal capabilities, and may propose an incremental set-
aside, not to exceed $2 million per year, to remain available
without fiscal year limitation, as an emergency fund in the
event of natural or other disasters to supplement other
assistance in the repair, replacement, or hardening of
essential facilities: Provided further, That the cumulative
amount set aside for such emergency fund may not exceed $10
million at any time.
``(d) Within the amounts allocated for infrastructure pursuant to
this section, and subject to the specific allocations made in
subsection (c), additional contributions may be made, as set forth in
Appropriation Acts, to assist in the resettlement of Rongelap Atoll:
Provided, That the total of all contributions from any Federal source
after January 1, 1995 may not exceed $32 million and shall be
contingent upon an agreement, satisfactory to the President, that such
contributions are a full and final settlement of all obligations of the
United States to assist in the resettlement of Rongelap Atoll and that
such funds will be expended solely on resettlement activities and will
be properly audited and accounted for. In order to provide such
contributions in a timely manner, each Federal agency providing
assistance or services, or conducting activities, in the Republic of
the Marshall Islands, is authorized to make funds available, through
the Secretary of the Interior, to assist in the resettlement of
Rongelap. Nothing in this subsection shall be construed to limit the
provision of ex gratia assistance pursuant to section 105(c)(2) of the
Compact of Free Association Act of 1985 (Public Law 99-239, 99 Stat.
1770, 1792) including for individuals choosing not to resettle at
Rongelap, except that no such assistance for such individuals may be
provided until the Secretary notifies the Congress that the full amount
of all funds necessary for resettlement at Rongelap has been
provided.''.
SEC. 2. FEDERAL MINIMUM WAGE.
Effective thirty days after the date of enactment of this Act, the
minimum wage provisions, including, but not limited to, the coverage
and exemptions provisions, of section 6 of the Fair Labor Standards Act
of June 25, 1938 (52 Stat. 1062), as amended, shall apply to the
Commonwealth of the Northern Mariana Islands, except--
(a) on the effective date, the minimum wage rate applicable
to the Commonwealth of the Northern Mariana Islands shall be
$2.75 per hour;
(b) effective January 1, 1996, the minimum wage rate
applicable to the Commonwealth of the Northern Mariana Islands
shall be $3.05 per hour;
(c) effective January 1, 1997 and every January 1
thereafter, the minimum wage rate shall be raised by thirty
cents per hour or the amount necessary to raise the minimum
wage rate to the wage rate set forth in section 6(a)(1) of the
Fair Labor Standards act, whichever is less; and
(d) once the minimum wage rate is equal to the wage rate
set forth in section 6(a)(1) of the Fair Labor Standards Act,
the minimum wage rate applicable to the Commonwealth of the
Northern Mariana Islands shall thereafter be the wage rate set
forth in section 6(a)(1) of the Fair Labor Standards Act.
SEC. 3. REPORT.
The Secretary of the Interior, in consultation with the Attorney
General and Secretaries of Treasury, Labor and State, shall report to
the Congress by the March 15 following each fiscal year for which funds
are allocated pursuant to section 4(c) of Public Law 94-241 for use by
Federal agencies or the Commonwealth to address immigration, labor or
law enforcement activities. The report shall include but not be limited
to--
(1) pertinent immigration information provided by the
Immigration and Naturalization Service, including the number of
non-United States citizen contract workers in the CNMI, based
on data the Immigration and Naturalization Service may require
of the Commonwealth of the Northern Mariana Islands on a
semiannual basis, or more often if deemed necessary by the
Immigration and Naturalization Service,
(2) the treatment and conditions of non-United States
citizen contract workers, including foreign government
interference with workers' ability to assert their rights under
United States law,
(3) the effect of laws of the Northern Mariana Islands on
Federal interests,
(4) the adequacy of detention facilities in the Northern
Mariana Islands,
(5) the accuracy and reliability of the computerized alien
identification and tracking system and its compatibility with
the system of the Immigration and Naturalization Service, and
(6) the reasons why Federal agencies are unable or
unwilling to fully and effectively enforce Federal laws
applicable within the Commonwealth of the Northern Mariana
Islands unless such activities are funded by the Secretary of
the Interior.
SEC. 4. IMMIGRATION COOPERATION.
The Commonwealth of the Northern Mariana Islands and the
Immigration and Naturalization Service shall cooperate in the
identification and, if necessary, exclusion or deportation from the
Commonwealth of the Northern Mariana Islands of persons who represent
security or law enforcement risks to the Commonwealth of the Northern
Mariana Islands or the United States.
SEC. 5. CLARIFICATION OF LOCAL EMPLOYMENT IN THE MARIANAS.
(a) Section 8103(i) of title 46 of the United States Code is
amended by renumbering paragraph (3) as paragraph (4) and by adding a
new paragraph (3) as follows:
``(3) Notwithstanding any other provision of this
subsection, any alien allowed to be employed under the
immigration laws of the Commonwealth of the Northern Mariana
Islands (CNMI) may serve as an unlicensed seaman on a fishing,
fish processing, or fish tender vessel that is operated
exclusively from a port within the CNMI and within the
navigable waters and exclusive economic zone of the United
States surrounding the CNMI. Pursuant to 46 U.S.C. 8704, such
persons are deemed to be employed in the United States and are
considered to have the permission of the Attorney General of
the United States to accept such employment: Provided, That
paragraph (2) of this subsection shall not apply to persons
allowed to be employed under this paragraph.''.
(b) Section 8103(i)(1) of title 46 of the United States Code is
amended by deleting ``paragraph (3) of this subsection'' and inserting
in lieu thereof ``paragraph (4) of this subsection''.
SEC. 6. CLARIFICATION OF OWNERSHIP OF SUBMERGED LANDS IN THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.
Public Law 93-435 (88 Stat. 1210), as amended, is further amended
by--
(a) striking ``Guam, the Virgin Islands'' in section 1 and
inserting in lieu thereof ``Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands'' each place the
words appear;
(b) striking ``Guam, American Samoa'' in section 2 and
inserting in lieu thereof ``Guam, the Commonwealth of the
Northern Mariana Islands, American Samoa''; and
(c) striking ``Guam, the Virgin Islands'' in section 2 and
inserting in lieu thereof ``Guam, the Commonwealth of the
Northern Mariana Islands, the Virgin Islands.''.
With respect to the Commonwealth of the Northern Mariana Islands,
references to ``the date of enactment of this Act'' or ``date of
enactment of this subsection'' contained in Public Law 93-435, as
amended, shall mean the date of enactment of this section.
SEC. 7. ANNUAL STATE OF THE ISLANDS REPORT.
The Secretary of the Interior shall submit to the Congress,
annually, a ``State of the Islands'' report on American Samoa, Guam,
the United States Virgin Islands, the Commonwealth of the Northern
Mariana Islands, the Republic of Palau, the Republic of the Marshall
Islands, and the Federated States of Micronesia that includes basic
economic development information, data on direct and indirect Federal
assistance, local revenues and expenditures, employment and
unemployment, the adequacy of essential infrastructure and maintenance
thereof, and an assessment of local financial management and
administrative capabilities, and Federal efforts to improve those
capabilities.
SEC. 8. TECHNICAL CORRECTION.
Section 501 of Public Law 95-134 (91 Stat. 1159, 1164), as amended,
is further amended by deleting ``the Trust Territory of the Pacific
Islands,'' and inserting in lieu thereof ``the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of
Micronesia,''.
Passed the Senate July 20 (legislative day, July 10), 1995.
Attest:
KELLY D. JOHNSTON,
Secretary. | Limits appropriations to the Commonwealth of the Northern Mariana Islands (CNMI) for FY 1996 and thereafter to amounts set forth in the Agreement of the Special Representatives on Future Federal Financial Assistance of the Northern Mariana Islands executed on December 17, 1992.
Authorizes additional appropriations for FY 1996 and thereafter for: (1) capital infrastructure projects in Guam, the Virgin Islands, American Samoa, the CNMI, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands (including resettlement of Rongelap Atoll); (2) the College of the Northern Marianas; and (3) Federal agencies or the CNMI for immigration, labor, and law enforcement activities.
Declares that Federal minimum wage requirements shall apply to the CNMI, with specified exceptions (including an increase from $2.75 to $3.05 per hour on January 1, 1996, with thirty cents per hour annual increases thereafter).
Directs the Secretary of the Interior to report annually to the Congress on the use of funds allocated to Federal agencies or CNMI for immigration, labor, or law enforcement activities.
Requires the CNMI and the Immigration and Naturalization Service to cooperate in the identification and, if necessary, exclusion or deportation from the CNMI of persons who represent security or law enforcement risks to the CNMI or to the United States.
Amends Federal shipping law to authorize legal aliens in the CNMI to serve as unlicensed seamen on certain fishing vessels that operate from a port within the CNMI and its surrounding waters.
Sets forth provisions declaring the CNMI's ownership of submerged lands.
Directs the Secretary of the Interior to submit annually to the Congress a "State of the Islands" report on American Samoa, Guam, the Virgin Islands, the CNMI, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. | {"src": "billsum_train", "title": "Insular Development Act of 1995"} | 2,514 | 424 | 0.635282 | 2.104344 | 0.783388 | 3.878531 | 6.69774 | 0.918079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Services Act of 1993''.
SEC. 2. AUTHORIZATION FOR A SUBSIDIARY OF A NATIONAL BANK TO UNDERWRITE
SHARES OF AND SPONSOR INVESTMENT COMPANIES.
Section 5136 of the Revised Statutes of the United States (12
U.S.C. 24) is amended by adding at the end the following new paragraph:
``(11) Mutual funds.--
``(A) In general.--Notwithstanding the restrictions
and limitations in the paragraph designated `Seventh',
to engage in the business of dealing in, underwriting,
and distributing the shares of any investment company
(as defined in section 3 of the Investment Company Act
of 1940) and to organize, sponsor, manage, or control
such an investment company if such activities are
conducted through a nonbank subsidiary of the bank.
``(B) Coordination with other provisions.--The
activities authorized by this paragraph are in addition
to any other activity in which a national bank may
engage directly pursuant to another provision of law,
or as otherwise authorized by the Comptroller of the
Currency, and this paragraph shall not be construed as
prohibiting a national bank from engaging in such other
activity directly.
``(C) Subsidiary defined.--For purposes of this
paragraph, the term `subsidiary' means a corporation
more than 25 percent of the voting stock of which is
owned by a national bank. Such a corporation may be a
subsidiary of more than 1 national bank.''.
SEC. 3. AUTHORIZATION FOR A SUBSIDIARY OF A STATE MEMBER BANK TO
UNDERWRITE SHARES OF AND SPONSOR INVESTMENT COMPANIES.
The 20th undesignated paragraph of section 9 of the Federal Reserve
Act (12 U.S.C. 335) is amended by inserting before the period at the
end the following: ``, and to the same exception to such limitations
and conditions as is applicable to national banks under paragraph (11)
of such section''.
SEC. 4. DISCLOSURE REQUIREMENTS APPLICABLE TO SUBSIDIARIES OF NATIONAL
AND STATE MEMBER BANKS.
The Federal Reserve Act is amended by inserting after section 9A of
the Federal Reserve Act (12 U.S.C. 339) the following new section:
``SEC. 9B. DISCLOSURE REQUIREMENTS.
``(a) In General.--If a nonbank subsidiary of a national bank or
State member bank engages in activities pursuant to section 5136(11) of
the Revised Statutes of the United States or the 20th undesignated
paragraph of section 9 of this Act, the subsidiary shall--
``(1) provide a 1-time written disclosure to each customer
that--
``(A) the subsidiary is not an insured depository
institution;
``(B) the subsidiary is a separate corporate entity
from any insured depository institution which is an
affiliate of the subsidiary; and
``(C) any product sold, offered, or recommended by
the subsidiary is not insured by the Federal Deposit
Insurance Corporation, is not guaranteed by an insured
depository institution, and is not otherwise an
obligation of an insured depository institution; and
``(2) obtain a 1-time written acknowledgement from each
customer that the disclosures described in paragraph (1) have
been received.
``(b) Regulation of Method of Disclosures.--Any disclosures under
subsection (a) shall be made in accordance with such regulations as may
be prescribed--
``(1) by the Comptroller of the Currency, in the case of a
subsidiary of a national bank; or
``(2) by the Board, in the case of a subsidiary of a State
member bank.
``(c) Exceptions and Additional Information.--The Comptroller of
the Currency, in the case of a subsidiary of a national bank, and the
Board, in the case of a subsidiary of a State member bank, may--
``(1) require additional information to be disclosed under
subsection (a) by the subsidiary; and
``(2) grant any exception to the disclosure requirement
under subsection (a) which is consistent with the purposes of
such subsection.''.
SEC. 5. AUTHORIZATION FOR A MEMBER BANK TO BE AFFILIATED WITH A COMPANY
WHICH UNDERWRITES SHARES OF AND SPONSORS INVESTMENT
COMPANIES.
The 1st sentence of section 20 of the Banking Act of 1933 (12
U.S.C. 377) is amended by striking ``securities: Provided, That nothing
in this paragraph'' and inserting ``, except to the extent such
affiliate is engaged in activities in accordance with section 5136(11)
of the Revised Statutes of the United States, the 20th undesignated
paragraph of section 9 of the Federal Reserve Act, or section 4(c)(15)
of the Bank Holding Company Act of 1956. Nothing in this paragraph''.
SEC. 6. AUTHORIZATION FOR A MEMBER BANK AND AN AFFILIATE ENGAGED IN
INVESTMENT COMPANY ACTIVITIES TO HAVE MANAGEMENT
INTERLOCKS.
Section 32 of the Banking Act of 1933 (12 U.S.C. 78) is amended--
(1) by inserting ``(a) General Prohibition and Exception.--
'' before ``No officer,''; and
(2) by adding at the end the following new subsection:
``(b) Exception for Affiliates Engaged in Investment Company
Activities.--Subsection (a) shall not apply so as to prohibit an
officer, director, or employee of a nonbank subsidiary of a national
bank, State member bank, or bank holding company which is engaged in
activities in accordance with section 5136(11) of the Revised Statutes
of the United States, the 20th undesignated paragraph of section 9 of
the Federal Reserve Act, or section 4(c)(15) of the Bank Holding
Company Act of 1956 from serving at the same time as an officer,
director, or employee of such bank, the bank holding company, a member
bank which is an affiliate of such bank, or an investment company that
is organized, sponsored, managed, or controlled by a subsidiary of such
bank or holding company.''.
SEC. 7. AUTHORIZATION FOR A BANK HOLDING COMPANY TO ESTABLISH A COMPANY
WHICH UNDERWRITES SHARES OF AND SPONSORS INVESTMENT
COMPANIES.
(a) In General.--Section 4(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1843(c)) is amended--
(1) by striking ``or'' at the end of paragraph (13);
(2) by striking the period at the end of paragraph
(14)(H)(ii) and inserting ``; or''; and
(3) by inserting after paragraph (14)(H)(ii) the following
new paragraph:
``(15) shares of any company engaged in dealing in,
underwriting, or distributing the shares of any investment
company (as defined in section 3 of the Investment Company Act
of 1940), or organizing, sponsoring, managing, or controlling
such investment company.''.
(b) Disclosure Requirements.--Section 4 of the Bank Holding Company
Act of 1956 (12 U.S.C. 1843) is amended by adding at the end the
following new subsection:
``(j) Disclosure Requirements for Subsection (c)(15) Activities.--
``(1) In general.--Any bank holding company which controls
a company described in subsection (c)(15) shall require such
company to--
``(A) provide a 1-time written disclosure to each
customer that--
``(i) the company is not an insured
depository institution;
``(ii) the company is a separate corporate
entity from any insured depository institution
which is an affiliate of the company; and
``(iii) any product sold, offered, or
recommended by the company is not insured by
the Federal Deposit Insurance Corporation, is
not guaranteed by an insured depository
institution, and is not otherwise an obligation
of an insured depository institution; and
``(B) obtain a 1-time written acknowledgement from
each customer that the disclosures described in
subparagraph (A) have been received.
``(2) Regulation of method of disclosures.--Any disclosures
under paragraph (1) shall be made in accordance with such
regulations as the Board may prescribe.
``(3) Exceptions and additional information.--The Board
may--
``(A) require additional information to be
disclosed by the company under paragraph (1); and
``(B) grant any exception to the disclosure
requirement under paragraph (1) which is consistent
with the purposes of such subsection.''. | Financial Services Act of 1993 - Amends the Revised Statutes of the United States to permit national banks to engage in mutual fund dealing, underwriting, distribution, and sponsorship, if such activities are conducted through nonbank subsidiaries.
Amends the Federal Reserve Act to set forth certain disclosure requirements for nonbank subsidiaries of State or national member banks engaged in mutual fund activities, including a one-time written disclosure to each customer that neither the subsidiary nor its investment products are insured.
Amends the Banking Act of 1933 (Glass-Steagall Act) to permit: (1) a member bank, including a national bank, to be affiliated with a company engaged in investment company activities; and (2) management interlocks between either a member bank, or a bank holding company, and their respective affiliates engaged in investment company activities. (Current law proscribes such interlocks.)
Amends the Bank Holding Company Act of 1956 to permit a bank holding company to acquire investment company securities. (Current law prohibits such acquisition.) Sets forth one-time disclosure requirements regarding such acquisitions which reflect the disclosure requirements applicable to national and State banks under this Act. | {"src": "billsum_train", "title": "Financial Services Act of 1993"} | 2,020 | 254 | 0.587397 | 1.732913 | 0.705422 | 2.565022 | 7.609865 | 0.807175 |
SECTION 1. GRID-ENABLED WATER HEATERS.
Part B of title III of the Energy Policy and Conservation Act (42
U.S.C. 6291 et seq.) is amended--
(1) in section 325(e) (42 U.S.C. 6295(e)), by adding at the
end the following:
``(6) Additional standards for grid-enabled water
heaters.--
``(A) Definitions.--In this paragraph:
``(i) Activation lock.--The term
`activation lock' means a control mechanism
(either a physical device directly on the water
heater or a control system integrated into the
water heater) that is locked by default and
contains a physical, software, or digital
communication that must be activated with an
activation key to enable the product to operate
at its designed specifications and capabilities
and without which activation the product will
provide not greater than 50 percent of the
rated first hour delivery of hot water
certified by the manufacturer.
``(ii) Grid-enabled water heater.--The term
`grid-enabled water heater' means an electric
resistance water heater that--
``(I) has a rated storage tank
volume of more than 75 gallons;
``(II) is manufactured on or after
April 16, 2015;
``(III) has--
``(aa) an energy factor of
not less than 1.061 minus the
product obtained by
multiplying--
``(AA) the rated
storage volume of the
tank, expressed in
gallons; and
``(BB) 0.00168; or
``(bb) an equivalent
alternative standard prescribed
by the Secretary and developed
pursuant to paragraph (5)(E);
``(IV) is equipped by the
manufacturer with an activation lock;
and
``(V) bears a permanent label
applied by the manufacturer that--
``(aa) is made of material
not adversely affected by
water;
``(bb) is attached by means
of non-water-soluble adhesive;
and
``(cc) advises purchasers
and end-users of the intended
and appropriate use of the
product with the following
notice printed in 16.5 point
Arial Narrow Bold font:
```IMPORTANT INFORMATION: This water heater is intended only for use as
part of an electric thermal storage or demand response program. It will
not provide adequate hot water unless enrolled in such a program and
activated by your utility company or another program operator. Confirm
the availability of a program in your local area before purchasing or
installing this product.'.
``(B) Requirement.--The manufacturer or private
labeler shall provide the activation key for a grid-
enabled water heater only to a utility or other company
that operates an electric thermal storage or demand
response program that uses such a grid-enabled water
heater.
``(C) Reports.--
``(i) Manufacturers.--The Secretary shall
require each manufacturer of grid-enabled water
heaters to report to the Secretary annually the
quantity of grid-enabled water heaters that the
manufacturer ships each year.
``(ii) Operators.--The Secretary shall
require utilities and other demand response and
thermal storage program operators to report
annually the quantity of grid-enabled water
heaters activated for their programs using
forms of the Energy Information Agency or using
such other mechanism that the Secretary
determines appropriate after an opportunity for
notice and comment.
``(iii) Confidentiality requirements.--The
Secretary shall treat shipment data reported by
manufacturers as confidential business
information.
``(D) Publication of information.--
``(i) In general.--In 2017 and 2019, the
Secretary shall publish an analysis of the data
collected under subparagraph (C) to assess the
extent to which shipped products are put into
use in demand response and thermal storage
programs.
``(ii) Prevention of product diversion.--If
the Secretary determines that sales of grid-
enabled water heaters exceed by 15 percent or
greater the quantity of such products activated
for use in demand response and thermal storage
programs annually, the Secretary shall, after
opportunity for notice and comment, establish
procedures to prevent product diversion for
non-program purposes.
``(E) Compliance.--
``(i) In general.--Subparagraphs (A)
through (D) shall remain in effect until the
Secretary determines under this section that--
``(I) grid-enabled water heaters do
not require a separate efficiency
requirement; or
``(II) sales of grid-enabled water
heaters exceed by 15 percent or greater
the quantity of such products activated
for use in demand response and thermal
storage programs annually and
procedures to prevent product diversion
for non-program purposes would not be
adequate to prevent such product
diversion.
``(ii) Effective date.--If the Secretary
exercises the authority described in clause (i)
or amends the efficiency requirement for grid-
enabled water heaters, that action will take
effect on the date described in subsection
(m)(4)(A)(ii).
``(iii) Consideration.--In carrying out
this section with respect to electric water
heaters, the Secretary shall consider the
impact on thermal storage and demand response
programs, including any impact on energy
savings, electric bills, peak load reduction,
electric reliability, integration of renewable
resources, and the environment.
``(iv) Requirements.--In carrying out this
paragraph, the Secretary shall require that
grid-enabled water heaters be equipped with
communication capability to enable the grid-
enabled water heaters to participate in
ancillary services programs if the Secretary
determines that the technology is available,
practical, and cost-effective.''; and
(2) in section 332(a) (42 U.S.C. 6302(a))--
(A) in paragraph (5), by striking ``or'' at the
end;
(B) in the first paragraph (6), by striking the
period at the end and inserting a semicolon;
(C) by redesignating the second paragraph (6) as
paragraph (7);
(D) in subparagraph (B) of paragraph (7) (as so
redesignated), by striking the period at the end and
inserting ``; or''; and
(E) by adding at the end the following:
``(8) for any person to--
``(A) activate an activation lock for a grid-
enabled water heater with knowledge that such water
heater is not used as part of an electric thermal
storage or demand response program;
``(B) distribute an activation key for a grid-
enabled water heater with knowledge that such
activation key will be used to activate a grid-enabled
water heater that is not used as part of an electric
thermal storage or demand response program;
``(C) otherwise enable a grid-enabled water heater
to operate at its designed specification and
capabilities with knowledge that such water heater is
not used as part of an electric thermal storage or
demand response program; or
``(D) knowingly remove or render illegible the
label of a grid-enabled water heater described in
section 325(e)(6)(A)(ii)(V).'';
(3) in section 333(a) (42 U.S.C. 6303(a))--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the fourth sentence, by striking ``paragraph
(1), (2), or (5) of section 332(a)'' and inserting
``paragraph (1), (2), (5), (6), (7), or (8) of section
332(a)''; and
(4) in section 334 (42 U.S.C. 6304)--
(A) in the second sentence, by striking ``section
332(a)(5)'' and inserting ``paragraph (5), (6), (7), or
(8) of section 332(a)''; and
(B) in the third sentence, by striking ``section
332(a)(6)'' and inserting ``section 332(a)(7)''. | Amends the Energy Policy and Conservation Act (EPCA) to provide additional energy conservation standards applicable to grid-enabled water heaters for use as part of an electric thermal storage or demand response program (a program that enables customers to reduce or shift their power use during peak demand periods). Requires annual reports from: (1) manufacturers of such water heaters regarding the quantity of the products shipped each year, and (2) utilities and other demand response and thermal storage program operators regarding the quantity of products activated for their programs. Requires the Secretary of Energy to publish analyses of data collected from such reports and to establish procedures to prevent product diversion if sales of the products exceed by at least 15% the quantity activated for use in the demand response and thermal storage programs annually. Maintains the standards and publication procedures established by this Act until the Secretary determines that: (1) such water heaters do not require a separate efficiency requirement, or (2) procedures to prevent product diversion for non-program purposes would not be adequate to prevent such product diversion. Requires the Secretary to consider the impact of EPCA electric water heater standards on thermal storage and demand response programs, including on energy savings, electric bills, peak load reduction, electric reliability, integration of renewable resources, and the environment. Directs the Secretary to require the water heaters be equipped with communication capability to enable the grid-enabled water heaters to participate in ancillary services programs if the technology is available, practical, and cost-effective. Makes it unlawful for any person to: activate an activation lock for a grid-enabled water heater with knowledge that it is not used as part of such program, distribute an activation key for such a water heater with knowledge that it will be used to activate a heater that is not used as part of the program, enable such water heater to operate at its designed specification and capabilities with knowledge that it is not used as part of the program, or knowingly remove or render illegible the label of a such water heater. | {"src": "billsum_train", "title": "A bill to modify the efficiency standards for grid-enabled water heaters."} | 1,853 | 432 | 0.583816 | 2.094998 | 0.685521 | 3.675949 | 4.265823 | 0.916456 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Whatever It Takes to Rebuild Act,
Part II''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Major disasters, including natural disasters and
disasters caused by terrorist acts, often result in a decline
in economic activity in areas affected by the disaster and a
reduction in tax collections by State and local governments
serving those areas.
(2) A report of the Government Accountability Office
entitled ``September 11: Recent Estimates of Fiscal Impact of
2001 Terrorist Attack on New York'', dated March 2005,
confirmed prior estimates that--
(A) New York City lost between $2,500,000,000 and
$2,900,000,000 in tax revenues for fiscal years 2002
and 2003; and
(B) the State of New York lost $2,900,000,000 for
fiscal years 2002 and 2003.
(3) The impact of Hurricane Katrina on State and local tax
revenues is not yet known, but the impact is believed to be
extensive.
(4) Under the community disaster loan program (in this
section referred to as the ``CDL program''), as authorized by
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act, the President may make loans to a local government
suffering a substantial loss of tax and other revenues as a
result of a major disaster, if the local government
demonstrates a need for financial assistance in order to
preform its governmental function.
(5) The President may cancel the repayment of all or any
part of a loan made to a local government under the CDL program
if revenues following the disaster are insufficient to meet the
operating budget of that local government as a result of
disaster-related revenue losses and additional unreimbursed
disaster-related municipal operating expenses. In the case of a
major disaster designated as an incident of national
significance, including natural disasters and disasters caused
by terrorist acts, repayment of any interest or principal on a
loan made under the CDL program should not be required.
(6) Assistance made available under the CDL program is
often instrumental in aiding the full recovery of a local
government following a major disaster.
(7) The Disaster Mitigation Act of 2000 established a
$5,000,000 limitation on loans made to a local government under
the CDL program in connection with a major disaster. Before the
date of enactment of such Act, there was not any limitation on
the amount of such loans.
(8) The $5,000,000 limitation is inequitable when applied
to a local government serving a largely populated area, such as
New York City, and when applied to an area that is completely
devastated by a major disaster (such as Orleans, St. Bernard,
and Plaquemines parishes in the State of Louisiana following
Hurricane Katrina), and is inconsistent with the objective of
the CDL program to provide meaningful assistance to a local
government recovering from a major disaster.
(9) On October 4, 2005, the Mayor of New Orleans announced
that the city was laying off 3,000 city employees as a result
of reduced tax revenues following Hurricane Katrina.
(10) On October 7, 2005, Congress passed and the President
signed into law the Community Disaster Loan Act of 2005 (Public
Law 109-88), which--
(A) made available $1,000,000,000 for making
community disaster loans to communities affected by
Hurricane Katrina or Hurricane Rita;
(B) waived the $5,000,000 limitation that is
generally applicable to community disaster loans with
respect to loans made to communities affected by
Hurricane Katrina or Hurricane Rita; and
(C) prohibited the forgiveness of community
disaster loans made to communities affected by
Hurricane Katrina or Hurricane Rita.
(11) Repayment of community disaster loans has frequently
been forgiven under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, and the prohibition on forgiveness
contained in the Community Disaster Loan Act of 2005 is the
first time such a prohibition has applied to such loans.
SEC. 3. REPEAL.
The Community Disaster Loan Act of 2005 (Public Law 108-88) is
repealed.
SEC. 4. COMMUNITY DISASTER LOANS.
(a) Eligibility of States.--Section 417 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184) is
amended by striking ``local government'' each place it appears and
inserting ``State or local government''.
(b) Amount.--Section 417(b) of such Act (42 U.S.C. 5184(b)) is
amended--
(1) by striking ``based on need, shall'' and inserting
``based on need and shall''; and
(2) by striking ``, and shall not exceed $5,000,000''.
(c) Incidents of National Significance.--Section 417 of such Act
(42 U.S.C. 5184) is amended by adding at the end the following:
``(e) Incidents of National Significance.--
``(1) Loan terms.--In the case a loan made under this
section to a State or local government which may suffer a
substantial loss of tax and other revenues as a result of a
major disaster that the President determines to be an incident
of national significance--
``(A) the amount of the loan shall not be subject
to the per centum limitation in subsection (b); and
``(B) the President shall not require the payment
of any interest or principal on a loan.
``(2) Incident of national significance defined.--In this
subsection, the term `incident of national significance' has
the meaning such term has in the national response plan
established pursuant to section 502(6) of the Homeland Security
Act of 2002 (6 U.S.C. 312(6)).''.
(d) Applicability.--The amendments made by this section shall apply
with respect to any major disaster occurring on or after August 24,
2005.
(e) Authorization of Appropriations.--There is authorized to be
appropriated for making community disaster loans under section 417 of
such Act (42 U.S.C. 5184) to State and local governments which may
suffer a substantial loss of tax and other revenues as a result of
Hurricane Katrina or Hurricane Rita $1,000,000,000 and such additional
sums as may be necessary. | Whatever It Takes to Rebuild Act, Part II - Repeals the Community Disaster Loan Act of 2005.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to make community disaster loans to any state government which may suffer a substantial loss of tax and other revenue as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions.
Removes the $5 million cap set for community disaster loans.
Provides that in the case of a community disaster loan made to a state or local government which suffers a substantial loss of tax and other revenues as a result of a major disaster the President determines to be an incident of national significance: (1) the amount of the loan shall not be subject to the current limitation of 25% of the annual operating budget of that state or local government for the fiscal year in which the major disaster occurs; and (2) the President shall not require the payment of any interest or principal on a loans. | {"src": "billsum_train", "title": "To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to modify the terms of the community disaster loan program, and for other purposes."} | 1,381 | 214 | 0.601237 | 1.834014 | 0.957224 | 4.748744 | 6.336683 | 0.909548 |
SECTION 1. CONVEYANCE OF LAND.
(a) Administrator of General Services.--Subject to sections 2 and 4,
the Administrator of General Services (hereinafter in this Act referred
to as the ``Administrator'') shall convey, for $12,800,000 to be paid in
accordance with the terms set forth in subsection (d)(2) and other
consideration required by this Act, to the Columbia Hospital for Women
(formerly Columbia Hospital for Women and Lying-in Asylum; hereinafter
in this Act referred to as ``Columbia Hospital''), located in
Washington, District of Columbia, all right, title, and interest of the
United States in and to those pieces or parcels of land in the District
of Columbia, described in subsection (b), together with all improvements
thereon and appurtenances thereto. The purpose of the conveyance is to
provide a site for the construction by Columbia Hospital of a facility
to house the National Women's Health Resource Center (hereinafter in
this Act referred to as the ``Resource Center''), as described in the
Certificate of Need issued for the Resource Center in conformance with
District of Columbia law and in effect on the date of conveyance.
(b) Property Description.--The land referred to in subsection (a)
was conveyed to the United States of America by deed dated May 2, 1888,
from David Fergusson, widower, recorded in liber 1314, folio 102, of the
land records of the District of Columbia, and is that portion of square
numbered 25 in the city of Washington in the District of Columbia which
was not previously conveyed to such hospital by the Act of June 28, 1952
(Public Law 82-423). Such property is more particularly described as
square 25, lot 803, or as follows: all that piece or parcel of land
situated and lying in the city of Washington in the District of Columbia
and known as part of square numbered 25, as laid down and distinguished
on the plat or plan of said city as follows: beginning for the same at
the northeast corner of the square being the corner formed by the
intersection of the west line of Twenty-fourth Street Northwest, with
the south line of north M Street Northwest and running thence south with
the line of said Twenty-fourth Street Northwest for the distance of two
hundred and thirty-one feet ten inches, thence running west and parallel
with said M Street Northwest for the distance of two hundred and thirty
feet six inches and running thence north and parallel with the line of
said Twenty-fourth Street Northwest for the distance of two hundred and
thirty-one feet ten inches to the line of said M Street Northwest and
running thence east with the line of said M Street Northwest to the
place of beginning two hundred and thirty feet and six inches together
with all the improvements, ways, easements, rights, privileges, and
appurtenances to the same belonging or in anywise appertaining.
(c) Date of Conveyance.--
(1) Date.--The date of the conveyance of property required under
subsection (a) shall be the date which is 1 year after the date of
receipt by the Administrator of written notification from Columbia
Hospital that the hospital needs such property for use as a site to
provide housing for the Resource Center.
(2) Deadline for submission of notification.--A written
notification of need from Columbia Hospital shall not be effective
for purposes of subsection (a) and paragraph (1) unless the
notification is received by the Administrator before the date which
is 1 year after the date of the enactment of this Act.
(d) Conveyance Terms.--
(1) In general.--The conveyance of property required under
subsection (a) shall be subject to such terms and conditions as may
be determined by the Administrator to be necessary to safeguard the
interests of the United States. Such terms and conditions shall be
consistent with the terms and conditions set forth in this Act.
(2) Payment of purchase price.--Columbia Hospital shall pay the
$12,800,000 purchase price in full by not later than the date of
conveyance under subsection (c).
(3) Quitclaim deed.--Any conveyance of property to Columbia
Hospital under this Act shall be by quitclaim deed.
(e) Treatment of Amounts Received.--Amounts received by the United
States as payment under this Act shall be paid into, administered, and
expended as part of the fund established by section 210(f) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
490(f)).
SEC. 2. LIMITATION ON CONVEYANCE.
No part of any land conveyed under section 1 may be used, during the
30-year period beginning on the date of conveyance under section
1(c)(1), for any purpose other than to provide a site for a facility to
house the Resource Center and any necessary related appurtenances to
that facility.
SEC. 3. SATELLITE HEALTH CENTERS.
(a) Requirement.--
(1) In general.--Not later than 4 years after the date of the
conveyance under section 1, Columbia Hospital, after consultation
with the District of Columbia Commission of Public Health and the
District of Columbia State Health Planning and Development Agency,
shall establish, maintain, and operate 3 satellite health centers.
(2) Persons to be served.--One of the satellite health centers
shall provide comprehensive health and counseling services
exclusively for teenage women and their children. The other 2
satellite health centers shall provide comprehensive health and
counseling services for women (including teenage women) and their
children.
(3) Location.--The satellite health centers shall be located in
areas of the District of Columbia in which the District of Columbia
Department of Public Health has determined that the need for
comprehensive health and counseling services provided by the centers
is the greatest. In locating such centers, special consideration
shall be given to the areas of the District with the highest rates
of infant death and births by teenagers.
(b) Comprehensive Health and Counseling Services.--In subsection
(a), comprehensive health and counseling services include--
(1) examination of women;
(2) medical treatment and counseling of women, including
prenatal and postnatal services;
(3) treatment and counseling of substance abusers and those who
are at risk of substance abuse;
(4) health promotion and disease prevention services;
(5) physician and hospital referral services; and
(6) extended and flexible hours of service.
(c) Required Consideration.--The establishment, operation, and
maintenance of satellite health centers by Columbia Hospital in
accordance with this section shall be part of the consideration required
by this Act for the conveyance under section 1.
SEC. 4. REVERSIONARY INTEREST.
(a) In General.--The property conveyed under section 1 shall revert
to the United States--
(1) on the date which is 4 years after the date of such
conveyance if Columbia Hospital is not operating the Resource Center
on such property; and
(2) on any date in the 30-year period beginning on the date of
such conveyance, on which the property is used for a purpose other
than that referred to in section 2.
(b) Repayment.--If property reverts to the United States under
subsection (a), the Administrator shall pay to Columbia Hospital, from
amounts otherwise appropriated from the fund established by section
210(f) of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 490(f)), an amount equal to all sums received by the United
States as payments for the conveyance under section 1, without interest
on such amount.
(c) Enforcing Reversion.--The Administrator shall perform all acts
necessary to enforce any reversion of property to the United States
under this section.
(d) Inventory of Public Buildings Service.--Property that reverts to
the United States under this section--
(1) shall be under the control of the General Services
Administration; and
(2) shall be assigned by the Administrator to the inventory of
the Public Buildings Service.
SEC. 5. DAMAGES.
(a) Damages.--Subject to subsection (b), for each year in the 26-
year period beginning on the date which is 4 years after the date of
conveyance under section 1(c)(1), in which Columbia Hospital does not
operate 3 satellite health centers in accordance with section 3 for a
period of more than 60 days, the Columbia Hospital shall be liable to
the United States for damages in an amount equal to $200,000, except
that this subsection shall not apply after the date of any reversion of
property under section 4.
(b) Limitation in Damages.--The maximum amount of damages for which
Columbia Hospital may be liable under this section shall be $3,000,000.
(c) Adjustments for Inflation.--The amount of damages specified in
subsection (a) and the maximum amount of damages specified in subsection
(b) shall be adjusted biennially to reflect changes in the consumer
price index that have occurred since the date of the enactment of this
Act.
(d) Assessment and Waiver.--For any failure by Columbia Hospital to
operate a satellite health center in accordance with section 3, the
Administrator may--
(1) seek to recover damages under this section; or
(2) waive all or any part of damages recoverable under this
section for that failure, if the Administrator--
(A) determines the failure is caused by exceptional
circumstances; and
(B) submits a statement to the District of Columbia
Commission of Public Health and the Congress, that sets forth
the reasons for the determination.
(e) Conveyance Documents.--The Administrator shall include in the
documents for any conveyance under this Act appropriate provisions to--
(1) ensure that payment of damages under this section is a
contractual obligation of Columbia Hospital; and
(2) require the Administrator to provide to Columbia Hospital
notice and an opportunity to respond before the Administrator seeks
to recover such damages.
SEC. 6. REPORTS.
During the 5-year period beginning one year after the date of the
conveyance under section 1, Columbia Hospital shall submit to the
Administrator, the appropriate committees of the Congress, and the
Comptroller General of the United States annual reports on the
establishment, maintenance, and operation of the Resource Center and the
satellite health centers.
SEC. 7. MEMBER INSTITUTES.
The Resource Center should--
(1) include among its outreach activities the establishment of
formal linkages with no less than 6 universities or health centers
throughout the Nation, to be known as ``member institutes'' in
furtherance of the purposes of the Resource Center; and
(2) provide national notice of the opportunity such entities
have to participate in programs and activities of the Resource
Center.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Administrator of General Services, under specified conditions, to convey specified lands in the District of Columbia to the Columbia Hospital for Women to construct a facility to house the National Women's Health Resource Center. Prohibits such lands from being used for any other purpose other than providing a site for the Center and related appurtenances.
Directs the Hospital to establish three satellite health centers of which: (1) one shall provide health and counseling services exclusively for teenage women and their children; and (2) two shall provide such services for women (including teenage women) and their children. Includes the establishment of such health centers in the consideration required by this Act for the conveyed land.
Reverts such property to the United States if the: (1) Hospital is not operating the Resource Center four years after the date of conveyance of such property; and (2) the property is used for any other purpose. Requires the Administrator to repay the Hospital any amounts paid by it for the property.
Makes Columbia Hospital liable to the United States for specified damages if it fails to operate three satellite health centers for a 60-day period for each year in the 26-year period beginning four years after the conveyance date, unless the land has reverted to the United States. Authorizes the Administrator to waive such damages under certain conditions. | {"src": "billsum_train", "title": "To provide for the conveyance of certain lands and improvements in Washington, District of Columbia, to the Columbia Hospital for Women to provide a site for the construction of a facility to house the National Women's Health Resource Center."} | 2,303 | 281 | 0.500525 | 1.740253 | 0.704019 | 3.129278 | 8.269962 | 0.893536 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs in America Act''.
SEC. 2. STARTUP VISAS.
(a) In General.--Section 203(b) of the Immigration and Nationality
Act (8 U.S.C. 203(b)) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following:
``(6) Sponsored entrepreneurs.--
``(A) In general.--StartUp visas shall be made
available, from the number of visas allocated under
paragraph (5), to qualified immigrant entrepreneurs--
``(i)(I) who have proven that a qualified
venture capitalist or a qualified super angel
investor, as determined by the Secretary of
Homeland Security, has invested not less than
$100,000 on behalf of each such entrepreneur;
and
``(II) whose commercial activities will,
during the 2-year period beginning on the date
on which the visa is issued under this
subparagraph--
``(aa) create not fewer than 5 new
full-time jobs in the United States
employing people other than the
immigrant's spouse, sons, or daughters;
``(bb) raise not less than $500,000
in capital investment in furtherance of
a commercial entity based in the United
States; or
``(cc) generate not less than
$500,000 in revenue;
``(ii)(I) who--
``(aa) hold an unexpired H1-B visa;
or
``(bb) have completed a graduate
level degree in science, technology,
engineering, math, computer science, or
other relevant academic discipline from
an accredited United States college,
university, or other institution of
higher education;
``(II) who demonstrate--
``(aa) annual income of not less
than 250 percent of the Federal poverty
level; or
``(bb) the possession of assets
equivalent to not less than 2 years of
income at 250 percent of the Federal
poverty level; and
``(III) who have proven that a qualified
venture capitalist or a qualified super angel
investor, as determined by the Secretary of
Homeland Security, has invested not less than
$20,000 on behalf of each such entrepreneur; or
``(iii) who have a controlling interest in
a foreign company--
``(I) that has generated, during
the most recent 12-month period, not
less than $100,000 in revenue from
sales in the United States; and
``(II) whose commercial activities,
during the 2-year period beginning on
the date on which the visa is issued
under this subparagraph, will--
``(aa) create not fewer
than 3 new full-time jobs in
the United States that employ
people other than the
immigrant's spouse, sons, or
daughters;
``(bb) raise not less than
$100,000 in capital investment
in furtherance of a commercial
entity based in the United
States; or
``(cc) generate not less
than $100,000 in revenue.
``(B) Revocation.--If the Secretary of Homeland
Security determines that the commercial activities of
an alien who received a StartUp visa pursuant to
subparagraph (A)(i)(II) fail to meet the requirements
under such subparagraph, the Secretary shall, not later
than 1 year after the end of the applicable 2-year
period described in such subparagraph--
``(i) revoke such visa; and
``(ii) notify the alien that he or she--
``(I) may voluntarily depart from
the United States in accordance to
section 240B; or
``(II) will be subject to removal
proceedings under section 240 if the
alien does not depart from the United
States not later than 6 months after
receiving such notification.
``(C) Definitions.--In this paragraph:
``(i) Qualified super angel investor.--The
term `qualified super angel investor' means an
individual who--
``(I) is an accredited investor (as
defined in section 230.501(a) of title
17, Code of Federal Regulations);
``(II) is a United States citizen;
and
``(III) has made at least 2 equity
investments of not less than $50,000 in
each of the previous 3 years.
``(ii) Qualified venture capitalist.--The
term `qualified venture capitalist' means an
entity that--
``(I) is classified as a `venture
capital operating company' under
section 2510.3-101(d) of title 29, Code
of Federal Regulations;
``(II) is based in the United
States;
``(III) is comprised of partners,
the majority of whom are United States
citizens;
``(IV) has capital commitments of
not less than $10,000,000;
``(V) has been operating for at
least 2 years; and
``(VI) has made at least 2
investments of not less than $500,000
during each of the most recent 2
years.''.
(b) Conditional Permanent Resident Status.--Section 216A of the
Immigration and Nationality Act (8 U.S.C. 1186b) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(as defined in subsection
(f)(1))'' and inserting ``, sponsored
entrepreneur''; and
(ii) by striking ``(as defined in
subsection (f)(2)) shall'' and inserting
``shall each''; and
(B) in paragraph (2)(A), by inserting ``sponsored
entrepreneur,'' after ``alien entrepreneur,'';
(3) in subsection (b), by adding at the end the following:
``(3) Sponsored entrepreneurs.--The Secretary of Homeland
Security shall terminate the permanent resident status of a
sponsored entrepreneur and the alien spouse and children of
such entrepreneur if the Secretary determines, not later than 3
years after the date on which such permanent resident status
was conferred, that--
``(A) the qualified venture capitalist or qualified
super angel investor who sponsored the entrepreneur
failed to meet the investment requirements under
section 203(b)(6)(A)(i); or
``(B) the entrepreneur failed to meet the job
creation, capital investment, or revenue generation
requirements under section 203(b)(6)(A)(ii).'';
(4) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``sponsored entrepreneur,''
after ``alien entrepreneur,''; and
(ii) by striking ``alien entrepreneur
must'' each place such term appears and
inserting ``entrepreneur shall''; and
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by inserting
``or sponsored entrepreneur'' after ``alien
entrepreneur''; and
(ii) in subparagraph (C), by inserting
``sponsored entrepreneur,'' after ``alien
entrepreneur'';
(5) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``alien'' and inserting ``alien entrepreneur
or sponsored entrepreneur, as applicable'';
(B) in clause (i), by striking ``invested, or is
actively in the process of investing,'' and inserting
``has invested, is actively in the process of
investing, or has been sponsored by a qualified super
angel investor or qualified venture capitalist who has
invested,''; and
(C) in clause (ii), by inserting ``or 203(b)(6), as
applicable'' before the period at the end; and
(6) in subsection (f), by adding at the end the following:
``(4) The term `sponsored entrepreneur' means an alien who
obtains the status of an alien lawfully admitted for permanent
residence under section 203(b)(6).''.
SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE STUDY.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the StartUp Visa Program,
authorized under section 203(b)(6) of the Immigration and Nationality
Act, as added by section 2.
(b) Contents.--The report described in subsection (a) shall include
information regarding--
(1) the number of immigrant entrepreneurs who have received
a visa under the immigrant entrepreneurs program established
under section 203(b)(6) of the Immigration and Nationality Act,
listed by country of origin;
(2) the localities in which such immigrant entrepreneurs
have initially settled;
(3) whether such immigrant entrepreneurs generally remain
in the localities in which they initially settle;
(4) the types of commercial enterprises that such immigrant
entrepreneurs have established; and
(5) the types and number of jobs created by such immigrant
entrepreneurs. | Jobs in America Act This bill amends the Immigration and Nationality Act to establish an employment-based, conditional immigrant visa (StartUp visa) for a sponsored alien entrepreneur: (1) with required amounts of financial backing from a qualifying investor or venture capitalist; and (2) whose commercial activities will generate required levels of employment, revenue, or capital investment. The Department of Homeland Security shall terminate the status of a sponsored entrepreneur (and the alien spouse and children of such entrepreneur) if not later than three years after the date on which such permanent resident status was conferred: (1) the sponsoring venture capitalist or investor fails to meet investment requirements; or (2) the entrepreneur fails to meet job creation, capital investment, or revenue requirements. | {"src": "billsum_train", "title": "Jobs in America Act"} | 2,069 | 158 | 0.54014 | 1.384554 | 0.762406 | 3.027586 | 13.068966 | 0.875862 |
SECTION 1. DIRECTOR OF CRIMINAL INVESTIGATIONS.
(a) Establishment.--Chapter 4 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 142. Director of Criminal Investigations
``(a) Appointment.--There is a Director of Criminal Investigations
who is appointed by the Secretary of Defense from among civilians who
have a significant level of experience in criminal investigations. The
Director reports directly to the Secretary of Defense.
``(b) Senior Executive Service Position.--The position of Director
of Criminal Investigations is a Senior Executive Service position. The
Secretary shall designate the position as a career reserved position
under section 3132(b) of title 5.
``(c) Duties.--Subject to the authority, direction, and control of
the Secretary of Defense, the Director of Criminal Investigations shall
perform the duties set forth in this section and such other related
duties as the Secretary may prescribe.
``(d) Data Compilation and Reporting.--(1) The Director shall
obtain, compile, store, monitor, and (in accordance with this section)
report information on each allegation of sexual misconduct of a member
of the armed forces or of a dependent of a member of the armed forces
against a member of the armed forces or against a dependent of a member
of the armed forces that is received by a member of the armed forces or
an officer or employee of the Department of Defense in the official
capacity of that member, officer, or employee.
``(2) The information compiled pursuant to paragraph (1) shall
include the following:
``(A) The number of complaints containing an allegation
referred to in paragraph (1) that are received as described in
that paragraph.
``(B) The number of such complaints that are investigated.
``(C) In the case of each complaint--
``(i) the organization that investigated the
complaint (if investigated);
``(ii) the disposition of the complaint upon
completion or other termination of the investigation;
and
``(iii) the status or results of any judicial
action, nonjudicial disciplinary action, or other
adverse action taken.
``(D) The number of complaints that were disposed of by
formal adjudication in a judicial proceeding, including--
``(i) the number disposed of in a court-martial;
``(ii) the number disposed of in a court of the
United States;
``(iii) the number disposed of in a court of a
State or territory of the United States or in a court
of a political subdivision of a State or territory of
the United States;
``(iv) the number disposed of by a plea of guilty;
``(v) the number disposed of by trial on a
contested basis; and
``(vi) the number disposed of on any other basis.
``(E) The number of complaints that were disposed of by
formal adjudication in an administrative proceeding.
``(3) The Director shall make the information obtained and compiled
under this subsection available to the Secretary of Defense, the
Secretaries of the military departments, Congress, any law enforcement
agency concerned, and any court concerned.
``(e) Direct Investigations.--The Director shall investigate each
allegation of sexual misconduct referred to in subsection (d) that--
``(1) is made directly, or referred, to the Director,
including such an allegation that is made or referred to the
Director by--
``(A) a commander of a member of the armed forces
alleged to have engaged in the sexual misconduct or to
have been the victim of the sexual misconduct;
``(B) an investigative organization of the
Department of Defense; or
``(C) a victim of the alleged misconduct who is a
member of the armed forces or a dependent of a member
of the armed forces; or
``(2) the Secretary directs the Director to investigate.
``(f) Oversight and Quality Control of Other Investigations.--(1)
The Director shall monitor the conduct of investigations by units,
offices, agencies, and other organizations within the Department of
Defense regarding allegations of sexual misconduct.
``(2) In carrying out paragraph (1), the Director may inspect any
investigation conducted or being conducted by any other organization
within the Department of Defense, review the records of an
investigation, and observe the conduct of an ongoing investigation.
``(3) The Director may report to the Secretary on any investigation
monitored pursuant to in paragraph (1). The report may include the
status of the investigation, an evaluation of the conduct of the
investigation, and an evaluation of each investigator and the
investigative organization involved in the investigation.
``(g) Powers.--In the performance of the duties set forth or
authorized in this section, the Director shall have the following
powers:
``(1) To have access to all records, reports, audits,
reviews, documents, papers, recommendations, or other material
available in the Department of Defense which relate to the
duties of the Director.
``(2) To request such information or assistance as may be
necessary for carrying out the Director's duties from any
Federal, State, or local governmental agency or unit thereof.
``(3) To require by subpoena the production of all
information, documents, reports, answers, records, accounts,
papers, and other data and documentary evidence necessary in
the performance of the Director's duties, which subpoena, in
the case of contumacy or refusal to obey, shall be enforceable
by order of any appropriate United States district court.
``(4) To serve subpoenas, summons, and any judicial process
related to the performance of any of the Director's duties.
``(5) To administer to or take from any person an oath,
affirmation, or affidavit whenever necessary in the performance
of the Director's duties, which oath, affirmation, or affidavit
when administered or taken by or before an employee designated
by the Director shall have the same force and effect as if
administered or taken by or before an officer having a seal.
``(6) To have direct and prompt access to the Secretary of
Defense, the Secretary of a military department, and any
commander when necessary for any purpose pertaining to the
performance of the Director's duties.
``(7) To obtain for any victim of sexual misconduct
referred to in subsection (d)(1), from any facility of the
uniformed services or any other health care facility of the
Federal Government or, by contract, from any other source,
medical services and counseling and other mental health
services appropriate for treating or investigating--
``(A) injuries resulting from the sexual
misconduct; and
``(B) other mental and physiological results of the
sexual misconduct.
``(h) Referrals for Prosecution.--(1) The Director may refer any
case of sexual misconduct described in subsection (d)(1) to--
``(A) a United States Attorney, or another appropriate
official in the Department of Justice, for prosecution; or
``(B) to an appropriate commander within the armed forces
for action under chapter 47 of this title (the Uniform Code of
Military Justice) or other appropriate action.
``(2) The Director shall report each such referral to the Secretary
of Defense.
``(i) Staff.--(1) The Director shall have--
``(A) a staff of investigators who have extensive
experience in criminal investigations;
``(B) a staff of attorneys sufficient to provide the
Director, the criminal investigators, and the Director's other
staff personnel with legal counsel necessary for the
performance of the duties of the Director;
``(C) a staff of counseling referral specialists; and
``(D) such other staff as is necessary for the performance
of the Director's duties.
``(2) To the maximum extent practicable, the staff of the Director
shall be generally representative of the population of the United
States with regard to race, gender, and cultural diversity.
``(j) Reports to Director.--Each Member of the Armed Forces and
each officer or employee of the Department of Defense who, in the
official capacity of that member, officer, or employee, receives an
allegation of sexual misconduct shall submit to the Director a
notification of that allegation together with such information as the
Director may require for the purpose of carrying out the Director's
duties.
``(k) Annual Report on Sexual Misconduct.--The Secretary of Defense
shall submit to Congress an annual report on the number and disposition
of cases of sexual misconduct by members of the Armed Forces and
officers and employees of the Department of Defense.
``(l) Definitions.--In this section:
``(1) The term `sexual misconduct' includes the following:
``(A) Sexual harassment, including any conduct
involving sexual harassment that--
``(i) in the case of conduct of a person
who is subject to the provisions of chapter 47
of this title (the Uniform Code of Military
Justice), comprises a violation of a provision
of subchapter X of such chapter (relating to
the punitive articles of such Code) or an
applicable regulation, directive, or guideline
regarding sexual harassment that is prescribed
by the Secretary of Defense or the Secretary of
a military department; and
``(ii) in the case of an employee of the
Department of Defense or a dependent subject to
the jurisdiction of the Secretary of Defense or
of the Secretary of a military department,
comprises a violation of a regulation,
directive, or guideline referred to in clause
(i) that is applicable to such employee or
dependent.
``(B) Rape.
``(C) Sexual assault.
``(D) Sexual battery.
``(2) The term `complaint', with respect to an allegation
of sexual misconduct, includes a report of such allegation.''.
(b) Table of Sections.--The table of sections at the beginning of
chapter 4 of such title is amended by adding at the end the following:
``142. Director of Special Investigations.''.
SEC. 2. CRIMINAL FAILURE TO REPORT SEXUAL MISCONDUCT.
(a) Offenses.--Chapter 109A of title 18, United States Code, is
amended--
(1) by redesignating section 2245 as section 2246;
(2) by inserting after section 2244 the following new
section:
``Sec. 2245. Failure to report sexual misconduct
``(a) Failure To Act on Allegation of Criminal Sexual Misconduct.--
An officer or employee of the Department of Defense or a member of the
Armed Forces of the United States who, in the official capacity of the
officer, employee, or member--
``(1) receives an allegation of criminal sexual misconduct
of a member of the Armed Forces of the United States or of a
dependent of a member of the Armed Forces of the United States
against a member of the Armed Forces of the United States or
against a dependent of a member of the Armed Forces of the
United States;
``(2) is required by law to initiate an investigation of,
or to determine whether to take disciplinary action in the case
of, the allegation; and
``(3) fails to submit a notification of the allegation to
the Director of Criminal Investigations of the Department of
Defense and to the immediate employment supervisor or immediate
commander, as the case may be, of the alleged offender,
shall be imprisoned not more than 10 years, fined under this title, or
both.
``(b) Failure To Act on Allegation of Civil Sexual Misconduct.--An
officer or employee of the Department of Defense or a member of the
Armed Forces of the United States who, in the official capacity of the
officer, employee, or member--
``(1) receives an allegation of civil sexual misconduct of
a member of the Armed Forces of the United States or of a
dependent of a member of the Armed Forces of the United States
against a member of the Armed Forces of the United States or
against a dependent of a member of the Armed Forces of the
United States;
``(2) is required by law to initiate an investigation of,
or to determine whether to take disciplinary action in the case
of, the allegation; and
``(3) fails to submit a notification of the allegation to
the Director of Criminal Investigations of the Department of
Defense and to the immediate employment supervisor or immediate
commander, as the case may be, of the alleged offender,
shall be imprisoned not more than 1 year, fined under this title, or
both.''; and
(3) in section 2246, as redesignated by paragraph (1)--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(5) and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(6) the term `criminal sexual misconduct' means engaging
in a sexual act or sexual contact in circumstances such that
the act or conduct constitutes a criminal offense under this
chapter, other Federal law, or State law; and
``(7) the term `civil sexual misconduct' means engaging in
a sexual act, sexual conduct, or other activity of a sexual
nature in violation of a statute, rule, order, or other lawful
authority that prohibits the activity but does not authorize
imposition of a sentence of imprisonment for a violation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking the item relating to section 2245
and inserting the following:
``2245. Failure to report sexual misconduct.
``2246. Definitions for chapter.''.
SEC. 3. PERSONNEL ADMINISTRATION MATTERS.
(a) Performance Evaluations and Benefits.--(1) The Secretary of
Defense shall prescribe in regulations a requirement that the
commitment of an officer or employee of the Department of Defense and a
member of the Armed Forces of the United States to the elimination of
sexual harassment in the officer's, employee's, or member's place of
work or duty and at installations and other facilities of the
Department of Defense be one of the factors considered in--
(A) the preparation of the evaluations of the officer's,
employee's, or member's performance of work or duties;
(B) the determination of the appropriateness of a promotion
of the officer, employee, or member; and
(C) the determination of the appropriateness of selecting
the officer, employee, or member to receive a financial award
for performance of work or duties.
(2) The Secretary shall submit to Congress an annual report on the
implementation of the regulations required by paragraph (1). The report
shall contain an assessment of the effects of the implementation of
such regulations on the number, extent, and seriousness of the cases of
sexual harassment in the Department of Defense. The annual report under
this paragraph shall be separate from the annual report required by
section 142(k) of title 10, United States Code, as added by section 1.
(b) Eligibility for Promotions and Awards.--The Secretary of
Defense and the Secretary of the military department concerned may not
approve for presentation of a financial award for performance of work
or duties or for promotion any officer or employee of the Department of
Defense or any member of the Armed Forces of the United States who--
(1) has been convicted of a criminal offense involving
sexual misconduct; or
(2) has received any other disciplinary action or adverse
personnel action on the basis of having engaged in sexual
misconduct.
SEC. 4. PROTECTION OF PERSONS REPORTING SEXUAL HARASSMENT.
(a) Regulations of the Secretary of Defense.--The Secretary of
Defense shall prescribe regulations that prohibit officers and
employees of the Department of Defense from retaliating or taking any
adverse personnel action against any other officer or employee of the
Department of Defense or any member of the Armed Forces of the United
States for reporting sexual misconduct by an officer or employee of the
Department of Defense or a member of the Armed Forces or for providing
information in an investigation, disciplinary action, or adverse
personnel action in the case of an allegation of sexual misconduct by
any other such officer, employee, or member. The regulations shall
include sanctions for violation of the regulations.
(b) Regulations of a Secretary of a Military Department.--(1) The
Secretary of each military department shall prescribe regulations that
prohibit members of the Armed Forces of the United States under the
jurisdiction of that Secretary from retaliating or taking any adverse
personnel action against any officer or employee of the Department of
Defense or any member of the Armed Forces of the United States for
reporting sexual misconduct by any other officer or employee of the
Department of Defense or any other member of the Armed Forces or for
providing information in an investigation, disciplinary action, or
adverse personnel action in the case of an allegation of sexual
misconduct by any other such officer, employee, or member.
(2) A violation of the regulations prescribed pursuant to paragraph
(1) shall be punishable under section 892 of title 10, United States
Code (article 92 of the Uniform Code of Military Justice).
SEC. 5. SEXUAL MISCONDUCT DEFINED.
In this Act, the term ``sexual misconduct'' has the meaning given
that term in section 142(l) of title 10, United States Code, as added
by section 1.
S 816 IS----2 | Establishes the position of Director of Criminal Investigations to obtain, compile, store, monitor, and report information on each allegation of sexual misconduct of a member of the armed forces (or a dependent) against another member of the armed forces or a dependent of such member. Authorizes the Director to inspect and report to the Secretary on any other investigation being conducted within the Department of Defense (DOD). Authorizes the Director to refer for prosecution any case of sexual misconduct. Requires the Director to report each such referral to the Secretary.
Requires each member of the armed forces and employee of DOD who receives an allegation of sexual misconduct to notify the Director.
Amends the Federal criminal code to provide criminal penalties to be imposed upon each member of the armed forces or DOD employee who fails to undertake an investigation (if so required) or who receives an allegation of sexual misconduct and fails to notify the Director. Provides lesser penalties for the failure of such members or employees to act on an allegation of civil sexual misconduct.
Directs the Secretary to require that the commitment of an employee of DOD or a member of the armed forces to the elimination of sexual harassment in their place of work or duty and at other DOD installations and facilities be one of the factors considered in the preparation of performance evaluations and the determination of the appropriateness of promotions or selection for the receipt of financial performance awards. Prohibits the Secretary and the Secretary of the military department concerned from approving for a financial award or promotion any DOD employee or member of an armed force who: (1) has been convicted of a criminal offense involving sexual misconduct; or (2) has received any other disciplinary or adverse personnel action on the basis of having engaged in sexual misconduct.
Directs the Secretary to prescribe regulations that prohibit officers and employees of DOD from retaliating or taking an adverse personnel action against any other officer or employee for reporting sexual misconduct by an officer or employee of DOD or member of the armed forces or for providing information in an investigation or other action relating to an allegation of sexual misconduct. Requires the Secretary of each military department to prescribe similar regulations. Makes violations of such regulations punishable under applicable provisions of the Uniform Code of Military Justice. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to establish within the Office of the Secretary of Defense the position of Director of Special Investigations, and for other purposes."} | 3,846 | 492 | 0.621977 | 1.929621 | 0.808426 | 4.204651 | 8.52093 | 0.925581 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food and Medicines Sanctions Removal
Act of 1999''.
SEC. 2. REQUIREMENT OF CONGRESSIONAL APPROVAL OF ANY UNILATERAL
AGRICULTURAL OR MEDICAL SANCTION.
(a) Definitions.--In this section:
(1) Agricultural commodity.--The term ``agricultural
commodity'' has the meaning given the term in section 402 of
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1732).
(2) Agricultural program.--The term ``agricultural
program'' means--
(A) any program administered under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C.
1691 et. seq.);
(B) any program administered under section 416 of
the Agricultural Act of 1949 (7 U.S.C. 1431);
(C) any commercial sale of agricultural
commodities, including a commercial sale of an
agricultural commodity that is prohibited under a
unilateral agricultural sanction that is in effect on
the date of enactment of this Act; or
(D) any export financing (including credits or
credit guarantees) for agricultural commodities.
(3) Joint resolution.--The term ``joint resolution''
means--
(A) in the case of subsection (b)(1)(B), only a
joint resolution introduced within 10 session days of
Congress after the date on which the report of the
President under subsection (b)(1)(A) is received by
Congress, the matter after the resolving clause of
which is as follows: ``That Congress approves the
report of the President pursuant to section 2(b)(1)(A)
of the Food and Medicines Sanctions Removal Act of
1999, transmitted on ______________.'', with the blank
completed with the appropriate date; and
(B) in the case of subsection (e)(2), only a joint
resolution introduced within 10 session days of
Congress after the date on which the report of the
President under subsection (e)(1) is received by
Congress, the matter after the resolving clause of
which is as follows: ``That Congress approves the
report of the President pursuant to section 2(e)(1) of
the Food and Medicines Sanctions Removal Act of 1999,
transmitted on ______________.'', with the blank
completed with the appropriate date.
(4) Unilateral agricultural sanction.--The term
``unilateral agricultural sanction'' means any prohibition,
restriction, or condition on carrying out an agricultural
program with respect to a foreign country or foreign entity
that is imposed by the United States for reasons of foreign
policy or national security, except in a case in which the
United States imposes the measure pursuant to a multilateral
regime and the other member countries of that regime have
agreed to impose substantially equivalent measures.
(5) Unilateral medical sanction.--The term ``unilateral
medical sanction'' means any prohibition, restriction, or
condition on exports of, or the provision of assistance
consisting of, medicine or a medical device with respect to a
foreign country or foreign entity that is imposed by the United
States for reasons of foreign policy or national security,
except in a case in which the United States imposes the measure
pursuant to a multilateral regime and the other member
countries of that regime have agreed to impose substantially
equivalent measures.
(b) Restriction.--
(1) New sanctions.--Except as provided in subsections (c)
and (d) and notwithstanding any other provision of law, the
President may not impose a unilateral agricultural sanction or
unilateral medical sanction against a foreign country or
foreign entity for any fiscal year, unless--
(A) not later than 60 days before the sanction is
proposed to be imposed, the President submits a report
to Congress that--
(i) describes the activity proposed to be
prohibited, restricted, or conditioned; and
(ii) describes the actions by the foreign
country or foreign entity that justify the
sanction; and
(B) Congress enacts a joint resolution stating the
approval of Congress for the report submitted under
subparagraph (A).
(2) Existing sanctions.--
(A) In general.--Except as provided in subparagraph
(B), with respect to any unilateral agricultural
sanction or unilateral medical sanction that is in
effect as of the date of enactment of this Act for any
fiscal year, the President shall immediately cease to
implement such sanction.
(B) Exemptions.--Subparagraph (A) shall not apply
to a unilateral agricultural sanction or unilateral
medical sanction imposed with respect to an
agricultural program or activity described in
subparagraph (B) or (D) of subsection (a)(2).
(c) Exceptions.--The President may impose (or continue to impose) a
sanction described in subsection (b) without regard to the procedures
required by that subsection--
(1) against a foreign country or foreign entity with
respect to which Congress has enacted a declaration of war that
is in effect on or after the date of enactment of this Act; or
(2) to the extent that the sanction would prohibit,
restrict, or condition the provision or use of any agricultural
commodity, medicine, or medical device that is--
(A) controlled on the United States Munitions List;
(B) an item for which export controls are
administered by the Department of Commerce for foreign
policy or national security reasons; or
(C) used to facilitate the development or
production of a chemical or biological weapon.
(d) Countries Supporting International Terrorism.--This section
shall not affect the current prohibitions on providing, to the
government of any country supporting international terrorism, United
States government assistance, including United States foreign
assistance, United States export assistance, or any United States
credits or credit guarantees.
(e) Termination of Sanctions.--Any unilateral agricultural sanction
or unilateral medical sanction that is imposed pursuant to the
procedures described in subsection (b)(1) shall terminate not later
than 2 years after the date on which the sanction became effective
unless--
(1) not later than 60 days before the date of termination
of the sanction, the President submits to Congress a report
containing the recommendation of the President for the
continuation of the sanction for an additional period of not to
exceed 2 years and the request of the President for approval by
Congress of the recommendation; and
(2) Congress enacts a joint resolution stating the approval
of Congress for the report submitted under paragraph (1).
(f) Congressional Priority Procedures.--
(1) Referral of report.--A report described in subsection
(b)(1)(A) or (e)(1) shall be referred to the appropriate
committee or committees of the House of Representatives and to
the appropriate committee or committees of the Senate.
(2) Referral of joint resolution.--
(A) In general.--A joint resolution shall be
referred to the committees in each House of Congress
with jurisdiction.
(B) Reporting date.--A joint resolution referred to
in subparagraph (A) may not be reported before the
eighth session day of Congress after the introduction
of the joint resolution.
(3) Discharge of committee.--If the committee to which is
referred a joint resolution has not reported the joint
resolution (or an identical joint resolution) at the end of 30
session days of Congress after the date of introduction of the
joint resolution--
(A) the committee shall be discharged from further
consideration of the joint resolution; and
(B) the joint resolution shall be placed on the
appropriate calendar of the House concerned.
(4) Floor consideration.--
(A) Motion to proceed.--
(i) In general.--When the committee to
which a joint resolution is referred has
reported, or when a committee is discharged
under paragraph (3) from further consideration
of, a joint resolution--
(I) it shall be at any time
thereafter in order (even though a
previous motion to the same effect has
been disagreed to) for any member of
the House concerned to move to proceed
to the consideration of the joint
resolution; and
(II) all points of order against
the joint resolution (and against
consideration of the joint resolution)
are waived.
(ii) Privilege.--The motion to proceed to
the consideration of the joint resolution--
(I) shall be highly privileged in
the House of Representatives and
privileged in the Senate; and
(II) not debatable.
(iii) Amendments and motions not in
order.--The motion to proceed to the
consideration of the joint resolution shall not
be subject to--
(I) amendment;
(II) a motion to postpone; or
(III) a motion to proceed to the
consideration of other business.
(iv) Motion to reconsider not in order.--A
motion to reconsider the vote by which the
motion is agreed to or disagreed to shall not
be in order.
(v) Business until disposition.--If a
motion to proceed to the consideration of the
joint resolution is agreed to, the joint
resolution shall remain the unfinished business
of the House concerned until disposed of.
(B) Limitations on debate.--
(i) In general.--Debate on the joint
resolution, and on all debatable motions and
appeals in connection with the joint resolution, shall be limited to
not more than 10 hours, which shall be divided equally between those
favoring and those opposing the joint resolution.
(ii) Further debate limitations.--A motion
to limit debate shall be in order and shall not
be debatable.
(iii) Amendments and motions not in
order.--An amendment to, a motion to postpone,
a motion to proceed to the consideration of
other business, a motion to recommit the joint
resolution, or a motion to reconsider the vote
by which the joint resolution is agreed to or
disagreed to shall not be in order.
(C) Vote on final passage.--Immediately following
the conclusion of the debate on a joint resolution, and
a single quorum call at the conclusion of the debate if
requested in accordance with the rules of the House
concerned, the vote on final passage of the joint
resolution shall occur.
(D) Rulings of the chair on procedure.--An appeal
from a decision of the Chair relating to the
application of the rules of the Senate or House of
Representatives, as the case may be, to the procedure
relating to a joint resolution shall be decided without
debate.
(5) Coordination with action by other house.--If, before
the passage by 1 House of a joint resolution of that House,
that House receives from the other House a joint resolution,
the following procedures shall apply:
(A) No committee referral.--The joint resolution of
the other House shall not be referred to a committee.
(B) Floor procedure.--With respect to a joint
resolution of the House receiving the joint
resolution--
(i) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(ii) the vote on final passage shall be on
the joint resolution of the other House.
(C) Disposition of joint resolutions of receiving
house.--On disposition of the joint resolution received
from the other House, it shall no longer be in order to
consider the joint resolution originated in the
receiving House.
(6) Procedures after action by both the house and senate.--
If a House receives a joint resolution from the other House
after the receiving House has disposed of a joint resolution
originated in that House, the action of the receiving House
with regard to the disposition of the joint resolution
originated in that House shall be deemed to be the action of
the receiving House with regard to the joint resolution
originated in the other House.
(7) Rulemaking power.--This subsection is enacted by
Congress--
(A) as an exercise of the rulemaking power of the
Senate and House of Representatives, respectively, and
as such this subsection--
(i) is deemed to be a part of the rules of
each House, respectively, but applicable only
with respect to the procedure to be followed in
that House in the case of a joint resolution;
and
(ii) supersedes other rules only to the
extent that this subsection is inconsistent
with those rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
the rules relate to the procedure of that House) at any
time, in the same manner and to the same extent as in
the case of any other rule of that House.
(g) Guidelines With Respect to State Sponsors of International
Terrorism.--(1) Notwithstanding any other provision of the Act, the
export of agricultural commodities or medicine or medical devices to
the government of a country that has been determined by the Secretary
of State to have repeatedly provided support for acts of international
terrorism under section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) shall only be made--
(A) pursuant to one year licenses issued by the United
States Government for contracts entered into during that one
year period and completed within a twelve month period after
the signing of the contract; and
(B) without benefit of Federal financing, direct export
subsidies, Federal credit guarantees or other Federal promotion
assistance programs.
(2) Quarterly reports to the appropriate congressional committees
shall be submitted by the applicable agency charged with issuing
licenses in paragraph (1)(A).
(h) Effective Date.--This section takes effect 180 days after the
date of enactment of this Act. | Prescribes requirements for the export of agricultural commodities or medicine or medical devices to foreign countries that have been determined to support international terrorism. | {"src": "billsum_train", "title": "Food and Medicines Sanctions Removal Act of 1999"} | 2,954 | 29 | 0.395481 | 0.937224 | -0.084672 | 4.76 | 109.76 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Economic Indicators
Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Federal and State governments and private sector
entities depend on the economic statistics published by the
Federal Government;
(2) questions have been raised about the accuracy of
various measures including productivity, poverty, inflation,
employment and unemployment, and wages and income; and
(3) it is essential that these indicators accurately
reflect underlying economic activity and conditions.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established the Commission on Economic
Indicators (in this Act referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members of whom--
(A) 2 shall be appointed by the Majority Leader of
the Senate, in consultation with the Chairmen and
Ranking Members of the Committee on Banking, Housing,
and Urban Affairs of the Senate, the Committee on
Finance of the Senate, and the Joint Economic
Committee;
(B) 2 shall be appointed by the Minority Leader of
the Senate, in consultation with the Chairmen and
Ranking Members of the Committee on Banking, Housing,
and Urban Affairs of the Senate, the Committee on
Finance of the Senate, and the Joint Economic
Committee;
(C) 2 shall be appointed by the Speaker of the
House of Representatives, in consultation with the
Chairmen and Ranking Members of the Committee on
Financial Services of the House of Representatives, the
Committee on Ways and Means of the House of
Representatives, and the Joint Economic Committee; and
(D) 2 shall be appointed by the Minority Leader of
the House of Representatives, in consultation with the
Chairmen and Ranking Members of the Committee on
Financial Services of the House of Representatives, the
Committee on Ways and Means of the House of
Representatives, and the Joint Economic Committee.
(2) Qualifications.--Members of the Commission shall be--
(A) appointed on a nonpartisan basis; and
(B) experts in the fields of economics, statistics,
or other related professions.
(3) Date.--The appointments of the members of the
Commission shall be made not later than 60 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairman.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(g) Chairman and Vice Chairman.--The Commission shall select a
Chairman and Vice Chairman from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study.--The Commission shall conduct a study of--
(1) economic statistics collected and reported by United
States Government agencies, including national income,
employment and unemployment, wages, personal income, wealth,
savings, debt, productivity, inflation, and international trade
and capital flows; and
(2) ways to improve the related statistical measurements so
that such measurements provide a more accurate and complete
depiction of economic conditions.
(b) Consultation.--In conducting the study under this section, the
Commission shall consult with--
(1) the Chairman of the Federal Reserve Board of Governors;
(2) the Secretary of Commerce;
(3) the Secretary of Labor;
(4) the Secretary of the Treasury;
(5) the Chairman of the Council of Economic Advisers; and
(6) the Comptroller General of the United States.
(c) Report.--Not later than 1 year after the date of the first
meeting of the Commission, the Commission shall submit a report to
Congress which shall contain a detailed statement of the findings and
conclusions of the Commission, together with recommendations for such
legislation and administrative actions as the Commission considers
appropriate, including a recommendation of the appropriateness of
establishing a similar commission after the termination of the
Commission.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Chairman of the Commission, the head of such department or agency
shall furnish such information to the Commission. The Commission shall
maintain the same level of confidentiality for such information made
available under this subsection as is required of the head of the
department or agency from which the information was obtained.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
SEC. 6. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Each member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which such member is engaged in the performance of
the duties of the Commission. All members of the Commission who are
officers or employees of the United States shall serve without
compensation in addition to that received for their services as
officers or employees of the United States.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the rate
of pay for the executive director and other personnel may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such title.
(3) Personnel as federal employees.--
(A) In general.--The executive director and any
personnel of the Commission who are employees shall be
employees under section 2105 of title 5, United States
Code, for purposes of chapters 63, 81, 83, 84, 85, 87,
89, 89A, 89B, and 90 of that title.
(B) Members of board.--Subparagraph (A) shall not
be construed to apply to members of the Commission.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairman of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 4.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out this Act. | Commission on Economic Indicators Act of 2006 - Establishes the Commission on Economic Indicators to study and report to Congress on: (1) economic statistics collected and reported by U.S. government agencies, including national income, employment and unemployment, wages, personal income, wealth, savings, debt, productivity, inflation, and international trade and capital flows; and (2) ways to improve the related statistical measurements so that they provide a more accurate and complete depiction of economic conditions. | {"src": "billsum_train", "title": "A bill to establish the Commission on Economic Indicators to conduct a study and submit a report containing recommendations concerning the appropriateness and accuracy of the methodology, calculations, and reporting used by the Government relating to certain economic indicators."} | 1,811 | 100 | 0.568268 | 1.49949 | 0.94899 | 7.011111 | 18.944444 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Price-Anderson Amendments Act of
2003''.
SEC. 2. EXTENSION OF INDEMNIFICATION AUTHORITY.
(a) Indemnification of Nuclear Regulatory Commission Licensees.--
Section 170 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is
amended--
(1) in the subsection heading, by striking ``Licenses'' and
inserting ``Licensees''; and
(2) by striking ``August 1, 2002'' each place it appears
and inserting ``August 1, 2017''.
(b) Indemnification of Department of Energy Contractors.--Section
170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(1)(A))
is amended by striking ``December 31, 2004'' and inserting ``August 1,
2017''.
(c) Indemnification of Nonprofit Educational Institutions.--Section
170 k. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(k)) is amended
by striking ``August 1, 2002'' each place it appears and inserting
``August 1, 2017''.
SEC. 3. MAXIMUM ASSESSMENT.
Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) is
amended--
(1) in the second proviso of the third sentence of
subsection b.(1)--
(A) by striking ``$63,000,000'' and inserting
``$94,000,000''; and
(B) by striking ``$10,000,000 in any 1 year'' and
inserting ``$15,000,000 in any 1 year (subject to
adjustment for inflation under subsection t.)''; and
(2) in subsection t.(1)--
(A) by inserting ``total and annual'' after
``amount of the maximum'';
(B) by striking ``the date of the enactment of the
Price-Anderson Amendments Act of 1988'' and inserting
``July 1, 2002''; and
(C) by striking ``such date of enactment'' and
inserting ``July 1, 2002''.
SEC. 4. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) Indemnification of Department of Energy Contractors.--Section
170 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended
by striking paragraph (2) and inserting the following:
``(2) In an agreement of indemnification entered into under
paragraph (1), the Secretary--
``(A) may require the contractor to provide and maintain
financial protection of such a type and in such amounts as the
Secretary shall determine to be appropriate to cover public
liability arising out of or in connection with the contractual
activity; and
``(B) shall indemnify the persons indemnified against such
liability above the amount of the financial protection
required, in the amount of $10,000,000,000 (subject to
adjustment for inflation under subsection t.), in the
aggregate, for all persons indemnified in connection with the
contract and for each nuclear incident, including such legal
costs of the contractor as are approved by the Secretary.''.
(b) Contract Amendments.--Section 170 d. of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)) is further amended by striking paragraph
(3) and inserting the following:
``(3) All agreements of indemnification under which the Department
of Energy (or its predecessor agencies) may be required to indemnify
any person under this section shall be deemed to be amended, on the
date of enactment of the Price-Anderson Amendments Act of 2003, to
reflect the amount of indemnity for public liability and any applicable
financial protection required of the contractor under this
subsection.''.
(c) Liability Limit.--Section 170 e.(1)(B) of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(e)(1)(B)) is amended--
(1) by striking ``the maximum amount of financial
protection required under subsection b. or''; and
(2) by striking ``paragraph (3) of subsection d., whichever
amount is more'' and inserting ``paragraph (2) of subsection
d.''.
SEC. 5. INCIDENTS OUTSIDE THE UNITED STATES.
(a) Amount of Indemnification.--Section 170 d.(5) of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking
``$100,000,000'' and inserting ``$500,000,000''.
(b) Liability Limit.--Section 170 e.(4) of the Atomic Energy Act of
1954 (42 U.S.C. 2210(e)(4)) is amended by striking ``$100,000,000'' and
inserting ``$500,000,000''.
SEC. 6. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p))
is amended by striking ``August 1, 1998'' and inserting ``August 1,
2013''.
SEC. 7. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(t))
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
``(2) The Secretary shall adjust the amount of indemnification
provided under an agreement of indemnification under subsection d. not
less than once during each 5-year period following July 1, 2002, in
accordance with the aggregate percentage change in the Consumer Price
Index since--
``(A) that date, in the case of the first adjustment under
this paragraph; or
``(B) the previous adjustment under this paragraph.''.
SEC. 8. TREATMENT OF MODULAR REACTORS.
Section 170 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(b))
is amended by adding at the end the following:
``(5)(A) For purposes of this section only, the Commission shall
consider a combination of facilities described in subparagraph (B) to
be a single facility having a rated capacity of 100,000 electrical
kilowatts or more.
``(B) A combination of facilities referred to in subparagraph (A)
is 2 or more facilities located at a single site, each of which has a
rated capacity of 100,000 electrical kilowatts or more but not more
than 300,000 electrical kilowatts, with a combined rated capacity of
not more than 1,300,000 electrical kilowatts.''.
SEC. 9. APPLICABILITY.
The amendments made by sections 3, 4, and 5 do not apply to a
nuclear incident that occurs before the date of the enactment of this
Act.
SEC. 10. CIVIL PENALTIES.
(a) Repeal of Automatic Remission.--Section 234A b.(2) of the
Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is amended by
striking the last sentence.
(b) Limitation for Not-For-Profit Institutions.--Subsection d. of
section 234A of the Atomic Energy Act of 1954 (42 U.S.C. 2282a(d)) is
amended to read as follows:
``d.(1) Notwithstanding subsection a., in the case of any not-for-
profit contractor, subcontractor, or supplier, the total amount of
civil penalties paid under subsection a. may not exceed the total
amount of fees paid within any one-year period (as determined by the
Secretary) under the contract under which the violation occurs.
``(2) For purposes of this section, the term `not-for-profit' means
that no part of the net earnings of the contractor, subcontractor, or
supplier inures, or may lawfully inure, to the benefit of any natural
person or for-profit artificial person.''.
(c) Effective Date.--The amendments made by this section shall not
apply to any violation of the Atomic Energy Act of 1954 occurring under
a contract entered into before the date of enactment of this section. | Price-Anderson Amendments Act of 2003 - Amends the Atomic Energy Act of 1954 to extend from August 1, 2002 to August 1, 2017 the indemnification authority of the Nuclear Regulatory Commission (NRC) and the Secretary of Energy (Secretary) with respect to certain licensees, Department of Energy (DOE) contractors, and nonprofit educational institutions, respectively.Increases the maximum amount of standard deferred premium that may be assessed a licensee following a nuclear incident.Specifies $10 billion as the aggregate amount by which the Secretary must indemnify DOE contractors above the amount of the financial protection required for each nuclear incident.Increases from $100 million to $500 million the indemnification limits for incidents outside the United States.Mandates an indemnification inflation adjustment at least once every five years.Instructs the NRC to consider a combination of modular reactors at a single site.Repeals the requirement that the Secretary determine by rule whether nonprofit educational institutions should receive automatic remissions of civil monetary penalties for violations of DOE regulations.Limits the civil liability incurred by not-for-profit contractors, subcontractors, and suppliers to the total amount of fees paid within any one-year period under the contract to which the violation occurs. | {"src": "billsum_train", "title": "To extend indemnification authority under section 170 of the Atomic Energy Act of 1954, and for other purposes."} | 1,933 | 275 | 0.537132 | 1.62868 | 0.726963 | 2.427313 | 6.881057 | 0.770925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Outsourcing Banking Enforcement
and Examination Act''.
SEC. 2. USE OF CONSULTANTS IN CONSENT ORDERS.
The Federal Deposit Insurance Act (12 U.S.C. 1811) is amended by
adding at the end the following:
``SEC. 51. USE OF CONSULTANTS IN CONSENT ORDERS.
``(a) In General.--An appropriate Federal banking agency that
enters into a consent order with a person regulated by such agency may
only use an independent consultant in carrying out such order if all of
the following requirements are met:
``(1) Transparency.--No less than two weeks before any
activity under the consent order commences, the appropriate
Federal banking agency shall make the following information
available to the public:
``(A) The full and unredacted consent agreement
resulting from the consent order.
``(B) All material information related to any past
business relationships of the independent consultants,
regulators, financial institutions, and third party
service providers to the order, and their agents and
employees, regardless of their involvement in the
execution of the order.
``(C) A detailed estimate of engagement costs.
``(D) A detailed description of a well-defined
methodology for fulfilling the consent order.
``(2) Reporting.--The appropriate Federal banking agency
shall issue a report to the Congress, not less than once every
quarter until the consent order ends, detailing the progress in
fulfilling the consent order and the performance of the
independent consultant.
``(3) Restriction on participation.--No independent
consultant carrying out a consent order has prior or current
work that will be under review in such consent order or a
concurrent and substantially similar consent order.
``(4) Retention and payment of consultant.--The independent
consultant is hired, and paid, directly by the appropriate
Federal banking agency and the appropriate Federal banking
agency is to be reimbursed for such expenses by the entity
subject to the consent order.
``(5) Restriction on application of penalties to other
ongoing enforcement actions.--Any remediation or penalties
under the consent order will not apply to, or be settled in
conjunction with, any other consent order, settlement, or
enforcement action.
``(b) Private Right of Action.--If an independent consultant fails
to comply with the contract under which the consultant is assisting the
appropriate Federal banking agency in carrying out a consent order
which requires financial remediation to a person or class of persons,
any person or class of persons aggrieved by such failure may bring a
civil action in a court of competent jurisdiction for damages resulting
from such violation, and may obtain other appropriate relief, including
equitable relief. If the plaintiff prevails in any such action, the
court shall award the plaintiff any litigation costs reasonably
incurred, together with reasonable attorneys' fees and reasonable
expert witness fees, as determined by the court.
``(c) Clawback of Fees.--
``(1) In general.--If a court determines that an
independent consultant has violated the terms of the contract
with the appropriate Federal banking agency or has failed to
disclose required conflict of interest information, the
independent consultant shall repay the appropriate Federal
banking agency all fees received by the consultant during the
period of time such violation or failure was occurring.
``(2) Safe harbor.--If the independent consultant made all
reasonable efforts to uncover conflicts of interest among the
consultant's agents and employees, the consultant shall not be
subject to paragraph (1) with respect to a failure to disclose
required conflict of interest information.
``(d) Employment Restriction.--An employee of an appropriate
Federal banking agency that was involved in approving an independent
consultant to assist in carrying out a consent order may not seek
employment with, or be employed by, such independent consultant during
any period in which such consent order is in effect, any amendment to
such consent order is in effect, or any subsequent consent order based
on the original consent order is in effect.''.
SEC. 3. SIGTARP TO OVERSEE USE OF CONSULTANTS.
(a) In General.--Section 121 of the Emergency Economic
Stabilization Act of 2008 (12 U.S.C. 5231) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) In addition, the Special Inspector General shall also
have the duties and responsibilities of providing oversight
of--
``(A) consent orders entered into by an appropriate
Federal banking agency; and
``(B) the performance of independent consultants
hired by an appropriate Federal banking agency to
assist in carrying out such consent orders, as
described under section 51 of the Federal Deposit
Insurance Act.''; and
(2) by amending subsection (k) to read as follows:
``(k) Oversight of Consent Orders.--
``(1) Right of action related to consent order
monitoring.--The Special Inspector General may bring a civil
action in any court of competent jurisdiction against an
independent consultant described under section 51(a) of the
Federal Deposit Insurance Act for damages and equitable relief
for any violations of the consultant's duties under the
contract under which the consultant is assisting an appropriate
Federal banking agency in carrying out a consent order.
``(2) Whistleblower incentives and protection related to
consent order monitoring.--
``(A) In general.--The Special Inspector General
shall establish a whistleblower program under which--
``(i) the Special Inspector General pays an
award or awards to 1 or more whistleblowers who
voluntarily provide original information to the
Special Inspector General that leads to the
successful enforcement of a judicial or
administrative action brought by the Special
Inspector General against an independent
consultant described under section 51(a) of the
Federal Deposit Insurance Act that results in
monetary sanctions exceeding $1,000,000; and
``(ii) the employer of a whistleblower may
not discriminate against a whistleblower in the
terms and conditions of employment of the
whistleblower because of any lawful act done by
the whistleblower.
``(B) Form of program.--To the extent practicable,
the whistleblower program established under this
subsection shall be carried out in the same manner as
the whistleblower provision under section 21F of the
Securities Exchange Act of 1934 (15 U.S.C. 78u-6).''. | Stop Outsourcing Banking Enforcement and Examination Act - Amends the Federal Deposit Insurance Act to prescribe requirements with which a federal banking agency must comply in order to use an independent consultant in implementing a consent order with a person it regulates. Requires the agency to: (1) make specified information about the consent agreement and the independent consultant available to the public, (2) send Congress a quarterly status report, and (3) hire and pay the consultant directly (and receive reimbursement by the entity subject to the consent agreement). Declares that any remediation or penalties under the consent order will not apply to, or be settled in conjunction with, any other consent order, settlement, or enforcement action. Permits a private right of action by any person or class of persons aggrieved by the failure of an independent consultant to comply with the contract under which the consultant assists the agency if the consent order requires financial remediation to such person or class. Requires a repayment (clawback) of fees to the agency from the independent consultant upon court determination that the consultant has violated either the terms of the contract or has failed to disclose required conflict of interest information. Prohibits federal banking agency staff who were involved in approving an independent consultant from seeking employment with the consultant during any period in which the consent order is in effect. Amends the Emergency Economic Stabilization Act of 2008 to confer oversight duties upon the Special Inspector General (SIG) for the Troubled Asset Relief Program (TARP) regarding: (1) consent orders entered into by a federal banking agency, and (2) the performance of independent consultants hired by the agency to assist in implementing such consent orders. Repeals the SIG Office termination date. Authorizes the SIG to bring a civil action against an independent consultant for damages and equitable relief for violations of the consultant's duties under the contract. Directs the SIG to establish an whistleblower program which: (1) pays awards to whistleblowers who voluntarily provide original information leading to successful enforcement of a judicial or administrative action brought by the SIG against an independent consultant that results in monetary sanctions exceeding $1 million, and (2) prohibits a whistleblower's employer from discriminating against the whistleblower because of any lawful act the whistleblower performs. | {"src": "billsum_train", "title": "Stop Outsourcing Banking Enforcement and Examination Act"} | 1,379 | 487 | 0.61243 | 2.135813 | 0.885335 | 3.352113 | 3.037559 | 0.877934 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Native Settlement Trust Tax
Fairness Act of 2001''.
SEC. 2. TAX TREATMENT AND INFORMATION REQUIREMENTS OF ALASKA NATIVE
SETTLEMENT TRUSTS.
(a) Treatment of Alaska Native Settlement Trusts.--Subpart A of
part I of subchapter J of chapter 1 of the Internal Revenue Code of
1986 (relating to general rules for taxation of trusts and estates) is
amended by adding at the end the following new section:
``SEC. 646. TAX TREATMENT OF ALASKA NATIVE SETTLEMENT TRUSTS.
``(a) In General.--Except as otherwise provided in this section,
the provisions of this subchapter and section 1(e) shall apply to all
Settlement Trusts.
``(b) Taxation of Income of Trust.--Except as provided in
subsection (f)(1)(B)(ii)--
``(1) In general.--There is hereby imposed on the taxable
income of an electing Settlement Trust, other than its net
capital gain, a tax at the lowest rate specified in section 1.
``(2) Capital gain.--In the case of an electing Settlement
Trust with a net capital gain for the taxable year, a tax is
hereby imposed on such gain at the rate of tax which would
apply to such gain if the taxpayer were subject to a tax on its
other taxable income at only the lowest rate specified in
section 1.
``(c) One-Time Election.--
``(1) In general.--A Settlement Trust may elect to have the
provisions of this section apply to the trust and its
beneficiaries.
``(2) Time and method of election.--An election under
paragraph (1) shall be made by the trustee of such trust--
``(A) on or before the due date (including
extensions) for filing the Settlement Trust's return of
tax for the first taxable year of such trust ending
after the date of the enactment of this section, and
``(B) by attaching to such return of tax a
statement specifically providing for such election.
``(3) Period election in effect.--Except as provided in
subsection (f), an election under this subsection--
``(A) shall apply to the first taxable year
described in paragraph (2)(A) and all subsequent
taxable years, and
``(B) may not be revoked once it is made.
``(d) Contributions to Trust.--
``(1) Beneficiaries of electing trust not taxed on
contributions.--In the case of an electing Settlement Trust, no
amount shall be includible in the gross income of a beneficiary
of such trust by reason of a contribution to such trust.
``(2) Earnings and profits.--The earnings and profits of
the sponsoring Native Corporation shall not be reduced on
account of any contribution to such Settlement Trust:
``(e) Tax Treatment of Distributions to Beneficiaries.--Amounts
distributed by an electing Settlement Trust during any taxable year
shall be considered as having the following characteristics in the
hands of the recipient beneficiary:
``(1) First, as amounts excludable from gross income for
the taxable year to the extent of the taxable income of such
trust for such taxable year (decreased by any income tax paid
by the trust with respect to the income) plus any amount
excluded from gross income of the trust under section 103.
``(2) Second, as amounts excludable from gross income to
the extent of the amount described in paragraph (1) for all
taxable years for which an election is in effect under
subsection (c) with respect to the trust, and not previously
taken into account under paragraph (1).
``(3) Third, as amounts distributed by the sponsoring
Native Corporation with respect to its stock (within the
meaning of section 301(a)) during such taxable year and taxable
to the recipient beneficiary as amounts described in section
301(c)(1), to the extent of current accumulated earnings and
profits of the sponsoring Native Corporation as of the close of
such taxable year after proper adjustment is made for all
distributions made by the sponsoring Native Corporation during
such taxable year.
``(4) Fourth, as amounts distributed by the trust in excess
of the distributable net income of such trust for such taxable
year.
Amounts distributed to which paragraph (3) applies shall not be treated
as a corporate distribution subject to section 311(b), and for purposes
of determining the amount of a distribution for purposes of paragraph
(3) and the basis to the recipients, section 643(e) and not section
301(b) or (d) shall apply.
``(f) Special Rules Where Transfer Restrictions Modified.--
``(1) Transfer of beneficial interests.--If, at any time, a
beneficial interest in an electing Settlement Trust may be
disposed of to a person in a manner which would not be
permitted by section 7(h) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1606(h)) if such interest were
Settlement Common Stock--
``(A) no election may be made under subsection (c)
with respect to such trust, and
``(B) if such an election is in effect as of such
time--
``(i) such election shall cease to apply as
of the first day of the taxable year in which
such disposition is first permitted,
``(ii) the provisions of this section shall
not apply to such trust for such taxable year
and all taxable years thereafter, and
``(iii) the distributable net income of
such trust shall be increased by the current
and accumulated earnings and profits of the
sponsoring Native Corporation as of the close
of such taxable year after proper adjustment is
made for all distributions made by the
sponsoring Native Corporation during such
taxable year.
In no event shall the increase under clause (iii) exceed the
fair market value of the trust's assets as of the date the
beneficial interest of the trust first becomes so disposable.
The earnings and profits of the sponsoring Native Corporation
shall be adjusted as of the last day of such taxable year by
the amount of earnings and profits so included in the
distributable net income of the trust.
``(2) Stock in corporation.--If--
``(A) the Settlement Common Stock in the sponsoring
Native Corporation may be disposed of to a person in
any manner not permitted by section 7(h) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1606(h)), and
``(B) at any time after such disposition of stock
is first permitted, such corporation transfers assets
to a Settlement Trust,
paragraph (1)(B) shall be applied to such trust on and after
the date of the transfer in the same manner as if the trust
permitted dispositions of beneficial interests in the trust in
a manner not permitted by such section 7(h).
``(3) Certain distributions.--For purposes of this section,
the surrender of an interest in a Native Corporation or an
electing Settlement Trust in order to accomplish the whole or
partial redemption of the interest of a shareholder or
beneficiary in such corporation or trust, or to accomplish the
whole or partial liquidation of such corporation or trust,
shall be deemed to be a transfer permitted by section 7(h) of
the Alaska Native Claims Settlement Act.
``(g) Taxable Income.--For purposes of this title, the taxable
income of an electing Settlement Trust shall be determined under
section 641(b) without regard to any deduction under section 651 or
661.
``(h) Definitions.--For purposes of this section--
``(1) Electing settlement trust.--The term `electing
Settlement Trust' means a Settlement Trust which has made the
election, effective for a taxable year, described in subsection
(c).
``(2) Native corporation.--The term `Native Corporation'
has the meaning given such term by section 3(m) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(m)).
``(3) Settlement common stock.--The term `Settlement Common
Stock' has the meaning given such term by section 3(p) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(p)).
``(4) Settlement trust.--The term `Settlement Trust' means
a trust that constitutes a settlement trust under section 3(t)
of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(t)).
``(5) Sponsoring native corporation.--The term `sponsoring
Native Corporation' means the Native Corporation which
transfers assets to an electing Settlement Trust.
``(i) Special Loss Disallowance Rule.--Any loss that would
otherwise be recognized by a shareholder upon a disposition of a share
of stock of a sponsoring Native Corporation shall be reduced (but not
below zero) by the per share loss adjustment factor. The per share loss
adjustment factor shall be the aggregate of all contributions to all
electing Settlement Trusts sponsored by such Native Corporation made on
or after the first day each trust is treated as an electing Settlement
Trust expressed on a per share basis and determined as of the day of
each such contribution.
``(j) Cross Reference.--
``For information required with respect
to electing Settlement Trusts and sponsoring Native Corporations, see
section 6039H.''.
(b) Reporting.--Subpart A of part III of subchapter A of chapter 61
of subtitle F of such Code (relating to information concerning persons
subject to special provisions) is amended by inserting after section
6039G the following new section:
``SEC. 6039H. INFORMATION WITH RESPECT TO ALASKA NATIVE SETTLEMENT
TRUSTS AND SPONSORING NATIVE CORPORATIONS.
``(a) Requirement.--The fiduciary of an electing Settlement Trust
(as defined in section 646(h)(1)) shall include with the return of
income of the trust a statement containing the information required
under subsection (c).
``(b) Application With Other Requirements.--The filing of any
statement under this section shall be in lieu of the reporting
requirements under section 6034A to furnish any statement to a
beneficiary regarding amounts distributed to such beneficiary (and such
other reporting rules as the Secretary deems appropriate).
``(c) Required Information.--The information required under this
subsection shall include--
``(1) the amount of distributions made during the taxable
year to each beneficiary,
``(2) the treatment of such distribution under the
applicable provision of section 646, including the amount that
is excludable from the recipient beneficiary's gross income
under section 646, and
``(3) the amount (if any) of any distribution during such
year that is deemed to have been made by the sponsoring Native
Corporation (as defined in section 646(h)(5)).
``(d) Sponsoring Native Corporation.--
``(1) In general.--The electing Settlement Trust shall, on
or before the date on which the statement under subsection (a)
is required to be filed, furnish such statement to the
sponsoring Native Corporation (as so defined).
``(2) Distributees.--The sponsoring Native Corporation
shall furnish each recipient of a distribution described in
section 646(e)(3) a statement containing the amount deemed to
have been distributed to such recipient by such corporation for
the taxable year.''.
(c) Clerical Amendment.--
(1) The table of sections for subpart A of part I of
subchapter J of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 646. Tax treatment of Alaska
Native Settlement Trusts.''.
(2) The table of sections for subpart A of part III of
subchapter A of chapter 61 of subtitle F of such Code is
amended by inserting after the item relating to section 6039G
the following new item:
``Sec. 6039H. Information with respect to
Alaska Native Settlement Trusts
and sponsoring Native
Corporations.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act and to contributions made to electing Settlement Trusts for such
year or any subsequent year. | Alaska Native Settlement Trust Tax Fairness Act of 2001 - Amends the Internal Revenue Code (IRC) to impose on an electing Alaska Native Settlement Trust, other than its net capital gain, the lowest rate of tax imposed by section one of the IRC (currently, 15 percent). Provides that in the case of an electing Settlement Trust with a net capital gain for the taxable year, a tax is imposed on such gain at the rate of tax which would apply to such gain if the taxpayer were subject to a tax on its other taxable income at only the lowest rate. Provides for the tax treatment of distributions to beneficiaries. Sets forth information reporting requirements. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to clarify the tax treatment of Alaska Native Settlement Trusts."} | 2,752 | 149 | 0.663419 | 1.817764 | 0.710141 | 6.094488 | 19.330709 | 0.913386 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Tunas Convention
Authorization Act of 1993''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971h) is amended to read as follows:
``Sec. 10. There are authorized to be appropriated to carry out
this Act, including use for payment of United States share of the joint
expenses of the Commission as provided in article X of the Convention,
the following sums:
``(1) For fiscal year 1994, $2,750,000, of which $50,000
are authorized in the aggregate for the advisory committee
established under section 4 and the species working groups
established under section 4A, and $1,500,000 are authorized for
research activities under this Act.
``(2) For fiscal year 1995, $4,000,000, of which $62,000
are authorized in the aggregate for such advisory committee and
such working groups, and $2,500,000 are authorized for such
research activities.
``(3) For fiscal year 1996, $4,000,000 of which $75,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $2,500,000 are authorized for such
research activities.''.
SEC. 3. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971b) is amended--
(1) by designating the existing text as subsection (a); and
(2) by adding at the end the following new subsection:
``(b)(1) A majority of the members of the advisory committee shall
constitute a quorum, but one or more such members designated by the
advisory committee may hold meetings to provide for public
participation and to discuss measures relating to the United States
implementation of Commission recommendations. All decisions of the
advisory committee shall be by a three-fifths majority vote of the
members present and voting.
``(2) The advisory committee shall elect a Chairman from among its
members.
``(3) The advisory committee shall meet at appropriate times and
places at least twice a year, at the call of the Chairman or upon the
request of the majority of its voting members, the United States
Commissioners, the Secretary, or the Secretary of State.
``(4)(A) The Secretary shall provide to the advisory committee such
administrative and technical support services as are necessary for the
effective functioning of the committee.
``(B) The Secretary and the Secretary of State shall furnish the
advisory committee with relevant information concerning fisheries and
international fishery agreements.
``(5) The advisory committee shall determine its organization, and
prescribe its practices and procedures for carrying out its functions
under this Act, the Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), and the Convention. The advisory committee
shall publish and make available to the public a statement of its
organization, practices, and procedures.''.
SEC. 4. RESEARCH ACTIVITIES.
(a) Report to Congress.--The Secretary of Commerce shall, within 90
days after the date of enactment of this Act, report to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Merchant Marine and Fisheries of the House of
Representatives--
(1) identifying current governmental and nongovernmental
research activities on Atlantic bluefin tuna and other highly
migratory species;
(2) describing the personnel and budgetary resources
allocated to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna and other
highly migratory species.
(b) Research Program.--Section 3 of the Act of September 4, 1980
(16 U.S.C. 971i) is amended--
(1) by amending the section heading to read as follows:
``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';
(2) by striking the last sentence;
(3) by inserting ``(a) Biennial Report on Bluefin Tuna.--''
immediately before ``The Secretary of Commerce shall''; and
(4) by adding at the end the following new subsection:
``(b) Highly Migratory Species Research.--(1) Within 6 months after
the date of enactment of this subsection, the Secretary of Commerce, in
cooperation with the advisory committee established under section 4 of
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971b) and in
consultation with the United States Commissioners on the International
Commission for the Conservation of Atlantic Tunas and the Secretary of
State, shall develop and implement a comprehensive research program to
support the conservation and management of Atlantic bluefin tuna and
other highly migratory species that shall--
``(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
``(B) provide for appropriate program participation by
nations participating in the Commission.
``(2) The program shall provide for, but not be limited to--
``(A) statistically designed tagging studies;
``(B) genetic and biochemical stock analyses;
``(C) population censuses carried out through aerial
surveys of fishing grounds;
``(D) adequate observer coverage of commercial and
recreational fishing activity;
``(E) collection of real-time data on commercial and
recreational catches and landings, including charter
operations, fishing tournaments, and private anglers;
``(F) studies of the life history parameters of Atlantic
bluefin tuna and other highly migratory species; and
``(G) integration of data from all sources and the
preparation of data bases to support management decisions.''.
SEC. 5. ACTIONS TO IMPROVE CONSERVATION.
(a) Findings.--The Congress makes the following findings:
(1) Atlantic bluefin tuna and other highly migratory
species are valuable commercial and recreational fisheries of
the United States.
(2) The vessels of many countries, including the United
States, fish for Atlantic bluefin tuna and other highly
migratory species in the Atlantic Ocean and the Mediterranean
Sea.
(3) The International Commission for the Conservation of
Atlantic Tunas (hereinafter referred to as the ``Commission'')
is the international entity established to adopt
recommendations and develop international agreements for the
conservation and management of Atlantic bluefin tuna and other
highly migratory species in the Atlantic Ocean and the
Mediterranean Sea.
(4) In the last 25 years Atlantic bluefin tuna stocks and
other stocks of highly migratory species have declined from
historic levels.
(5) Countries that are not members of the Commission are
having a detrimental impact on the recovery of Atlantic bluefin
tuna stocks and other stocks of highly migratory species by
fishing throughout the Atlantic Ocean and the Mediterranean Sea
without regard for conservation and management recommendations
and agreements adopted by the Commission.
(6) For management purposes, the Commission has adopted a
working hypothesis of two stocks of Atlantic bluefin tuna: a
western stock found in the Atlantic Ocean west of 45 degrees
west longitude (hereinafter referred to as the ``45 degree
line''), and an eastern stock found in the Atlantic Ocean east
of the 45 degree line and in the Mediterranean Sea.
(7) The existing scientific evidence is inconclusive with
respect to the working hypothesis of two stocks, and the extent
to which each of the hypothesized stocks migrates across the 45
degree line is unknown.
(8) The Commission adopted conservation and management
recommendations and agreements in 1974 to ensure the recovery
and sustainability of all Atlantic bluefin tuna throughout the
Atlantic Ocean and the Mediterranean Sea.
(9) In recent years, the Commission has adopted additional,
more restrictive conservation and management recommendations
and agreements for Atlantic bluefin tuna, for countries that
fish for Atlantic bluefin tuna west of the 45 degree line.
(10) The United States and other countries that are members
of the Commission and that fish west of the 45 degree line have
implemented all conservation and management recommendations and
agreements for Atlantic bluefin tuna adopted by the Commission
that apply west of the 45 degree line. The implementing
regulations have been vigorously enforced by the Secretary of
Commerce and the Coast Guard.
(11) Many other countries that are members of the
Commission do not comply with conservation and management
recommendations and agreements for Atlantic bluefin tuna
adopted by the Commission that apply east of the 45 degree line
and in the Mediterranean Sea. This noncompliance undermines the
recovery of Atlantic bluefin tuna stocks.
(12) Recent large increases in the catch of Atlantic
bluefin tuna within 100 miles east of the 45 degree line by
countries that are members of the Commission may be having a
detrimenal impact on the recovery of Atlantic bluefin tuna and
probably do not comply with recommendations and agreements of
the Commission.
(b) Objectives.--It is the sense of the Congress that--
(1) the United States and the Commission should continue to
promote the conservation and management of Atlantic bluefin
tuna and other highly migratory species throughout the Atlantic
Ocean and the Mediterranean Sea;
(2) the United States should obtain commitments through the
Commission, from all countries that are signatories to the
International Convention for the Conservation of Atlantic Tunas
and that are not in compliance with all of the conservation and
management recommendations and agreements for Atlantic bluefin
tuna and all other highly migratory species that have been
adopted by the Commission, that those countries will
immediately comply with those recommendations and agreements;
(3) the United States should continue to encourage all
other countries whose vessels fish for Atlantic bluefin tuna
and other highly migratory species in the Atlantic Ocean or the
Mediterranean Sea to comply with the conservation and
management recommendations and agreements adopted for those
species by the Commission;
(4) if vessels of a country fish in the Atlantic Ocean or
the Mediterranean Sea for Atlantic bluefin tuna or another
highly migratory species without complying with conservation
and management recommendations and agreements of the
Commission, such fishing will be considered by the Congress to
diminish the effectiveness of an international fishery
conservation program, and as such will be considered by the
Congress to be certifiable under section 8(a)(1) of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1));
(5) the United States should encourage countries that have
significant markets for Atlantic bluefin tuna and other highly
migratory species to prohibit the importation of those species
from countries whose vessels fish for such species without
regard for the conservation and management recommendations and
agreements adopted by the Commission;
(6) the United States should continue to explore, through
the Commission, the appropriateness of working hypotheses of
the Commission that Atlantic stocks of highly migratory species
can be delineated by lines of latitude or longitude and,
specifically, that there are two stocks of Atlantic bluefin
tuna delineated by the 45 degree line; and
(7) the United States should seek through the Commission an
agreement to ensure that if the Commission uses any line to
divide stocks of Atlantic bluefin tuna for management purposes
and adopts for that stock conservation and management
recommendations and agreements for one side of the line that
are more restrictive than the conservation and management
recommendations and agreements adopted by the Commission for
the other side of the line, then any fishing for Atlantic
bluefin tuna within 10 degrees of the line shall be conducted
in compliance with those more restrictive recommendations and
agreements. | Atlantic Tunas Convention Authorization Act of 1993 - Amends the Atlantic Tunas Convention Act of 1975 to authorize appropriations to carry out the Act.
Regulates operational matters for the advisory committee established by the Act, including regarding quorums, a chairman, meetings, and administrative and technical support.
Mandates a report on governmental and nongovernmental research on Atlantic bluefin tuna and other highly migratory species.
Amends Federal law to remove a provision authorizing appropriations for a currently-mandated biennial report on bluefin tuna.
Mandates a comprehensive research program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species, including identifying and defining the range of stocks.
Declares the sense of the Congress regarding: (1) such conservation and management; (2) foreign compliance with recommendations and agreements adopted by the International Commission for the Conservation of Atlantic Tunas; (3) possible certification under the Fishermen's Protective Act of 1967; (4) prohibitions by other countries on the importation of such species into those countries from countries whose vessels fish without regard for the recommendations and agreements; (5) exploration of the hypotheses that stocks can be divided by lines of latitude or longitude; and (6) if stocks are divided, application of the recommendations and agreements to tuna fishing within a specified distance of the line. | {"src": "billsum_train", "title": "Atlantic Tunas Convention Authorization Act of 1993"} | 2,464 | 302 | 0.553352 | 1.630019 | 0.704705 | 3.111554 | 9.250996 | 0.87251 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Attorney-Client Privilege Protection
Act of 2009''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Justice is served when all parties to litigation are
represented by experienced diligent counsel.
(2) Protecting attorney-client privileged communications
from compelled disclosure fosters voluntary compliance with the
law.
(3) To serve the purpose of the attorney-client privilege,
attorneys and clients must have a degree of confidence that
they will not be required to disclose privileged
communications.
(4) The ability of an organization to have effective
compliance programs and to conduct comprehensive internal
investigations is enhanced when there is clarity and
consistency regarding the attorney-client privilege.
(5) Prosecutors, investigators, enforcement officials, and
other officers or employees of Government agencies have been
able to, and can continue to, conduct their work while
respecting attorney-client and work product protections and the
rights of individuals, including seeking and discovering facts
crucial to the investigation and prosecution of organizations.
(6) Congress recognized that law enforcement can
effectively investigate without attorney-client privileged
information when it banned demands by the Attorney General for
privileged materials in the Racketeer Influenced and Corrupt
Organizations Act. See section 1968(c)(2) of title 18, United
States Code.
(7) Despite the existence of numerous investigative tools
that do not impact the attorney-client relationship, the
Department of Justice and other agencies have increasingly
created and implemented policies that tend to undermine the
adversarial system of justice, such as encouraging
organizations to waive attorney-client privilege and work
product protections to avoid indictment or other sanctions.
(8) An indictment can have devastating consequences on an
organization, potentially eliminating the ability of the
organization to survive post-indictment or to dispute the
charges against it at trial.
(9) Waiver demands and related policies of Government
agencies are encroaching on the constitutional rights and other
legal protections of employees.
(10) As recognized throughout the common law, and
specifically in the crime-fraud exception, the attorney-client
privilege, work product doctrine, and payment of counsel fees
cannot and shall not be used as devices to conceal wrongdoing
or to cloak advice on evading the law.
(b) Purpose.--It is the purpose of this Act to place on each agency
clear and practical limits designed to preserve the attorney-client
privilege and work product protections available to an organization and
preserve the constitutional rights and other legal protections
available to employees of such an organization.
SEC. 3. DISCLOSURE OF ATTORNEY-CLIENT PRIVILEGE OR ADVANCEMENT OF
COUNSEL FEES AS ELEMENTS OF COOPERATION.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by inserting after section 3013 the following:
``Sec. 3014. Preservation of fundamental legal protections and rights
in the context of investigations and enforcement matters
regarding organizations
``(a) Definitions.--In this section:
``(1) Attorney-client privilege.--The term `attorney-client
privilege' means the attorney-client privilege as governed by
the principles of the common law, as they may be interpreted by
the courts of the United States in the light of reason and
experience, and the principles of article V of the Federal
Rules of Evidence.
``(2) Attorney work product.--The term `attorney work
product' means materials prepared by or at the direction of an
attorney in anticipation of litigation, particularly any such
materials that contain a mental impression, conclusion,
opinion, or legal theory of that attorney.
``(3) Organization.--The term `organization'--
``(A) means an organization as defined in section
18 of title 18, United States Code, and any State,
local, or municipal government entity or
instrumentality; and
``(B) does not include--
``(i) a continuing criminal enterprise, as
defined in section 408 of the Controlled
Substances Act (21 U.S.C. 848);
``(ii) an entity charged under chapter 96
of title 18, United States Code; or
``(iii) a terrorist organization, as
defined in section 2339B.
``(b) Attorney-Client Privilege and Attorney Work Product.--
``(1) In general.--In any Federal investigation or criminal
or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not--
``(A) demand or request that an organization, or a
current or former employee, officer, director, or agent
of such organization, waive the protections of the
attorney-client privilege or the attorney work product
doctrine;
``(B) offer to reward or actually reward an
organization, or current or former employee, officer,
director, or agent of such organization, for waiving
the protections of the attorney-client privilege or the
attorney work product doctrine; or
``(C) threaten adverse treatment or penalize an
organization, or current or former employee, officer,
director, or agent of such organization, for declining
to waive the protections of the attorney-client
privilege or the attorney work product doctrine.
``(2) Charging decisions.--
``(A) In general.--In any Federal investigation or
criminal or civil enforcement matter, including any
form of administrative proceeding or adjudication, an
agent or attorney of the United States shall not
consider any conduct described in subparagraph (B) in--
``(i) making a civil or criminal charging
or enforcement decision relating to an
organization, or a current or former employee,
officer, director, or agent of such
organization; or
``(ii) determining whether an organization,
or a current or former employee, officer,
director, or agent of such organization, is
cooperating with the Government.
``(B) Conduct.--The conduct described in this
subparagraph is--
``(i) the good faith assertion of the
protection of the attorney-client privilege or
attorney work product doctrine;
``(ii) the provision of counsel to, or
contribution to the legal defense fees or
expenses of, a current or former employee,
officer, director, or agent of an organization;
``(iii) the good faith entry into, or
existence of, a bona fide joint defense,
information sharing, or common interest
agreement between an organization and a current
or former employee, officer, director, or agent
of such organization, or among its current or
former employees, officers, directors, or
agents;
``(iv) except as provided in subsection
(f), the sharing of relevant information in
anticipation of or in response to an
investigation or enforcement matter between an
organization and a current or former employee,
officer, director, or agent of such
organization, or among its current or former
employees, officers, directors, or agents; or
``(v) the failure to terminate the
employment or affiliation of or otherwise
sanction any employee, officer, director, or
agent of that organization because of the
decision by that employee, officer, director,
or agent to exercise personal constitutional
rights or other legal protections in response
to a Government request.
``(3) Demands and requests.--In any Federal investigation
or criminal or civil enforcement matter, including any form of
administrative proceeding or adjudication, an agent or attorney
of the United States shall not demand or request an
organization, or a current or former employee, officer,
director, or agent of such organization, to refrain from the
conduct described in paragraph (2)(B).
``(c) Inapplicability.--Nothing in this section shall be construed
to prohibit an agent or attorney of the United States from requesting
or seeking any communication or material that--
``(1) the agent or attorney would not reasonably know is
subject to a claim of attorney-client privilege or attorney
work product; or
``(2) the agent or attorney reasonably believes is not
entitled to protection under the attorney-client privilege or
attorney work product doctrine.
``(d) Voluntary Disclosures.--
``(1) In general.--Nothing in this section may be construed
to prohibit an organization from making, or an agent or
attorney of the United States from accepting, a voluntary and
unsolicited offer to waive the protections of the attorney-
client privilege or attorney work product doctrine.
``(2) Consideration in charging decisions.--An agent or
attorney of the United States shall not consider the privileged
or otherwise protected nature of the material voluntarily
provided in conformance with the terms of paragraph (1), or any
material redacted therefrom, in--
``(A) making a civil or criminal charging or
enforcement decision relating to an organization, or a
current or former employee, officer, director, or agent
of such organization; or
``(B) determining whether an organization, or a
current or former employee, officer, director, or agent
of such organization, is cooperating with the
Government.
``(3) Other consideration.--Subject to the limitations
under subsection (b), an agent or attorney of the United States
may consider a voluntary disclosure described in paragraph (1)
for any other purpose that is otherwise lawful.
``(e) Not To Affect Examination or Inspection Access Otherwise
Permitted.--This section does not affect any other Federal statute that
authorizes, in the course of an examination or inspection, an agent or
attorney of the United States to require or compel the production of
attorney-client privileged material or attorney work product.
``(f) Charging Decisions Not To Include Decisions To Charge Under
Independent Prohibitions.--Subsection (b)(2) shall not be construed to
prohibit charging an organization, or a current or former employee,
officer, director, or agent of such organization, for conduct described
in clause (ii), (iii), or (iv) of subparagraph (B) of that subsection
under a Federal law which makes that conduct in itself an offense.''.
(b) Conforming Amendment.--The table of sections for chapter 201 of
title 18, United States Code, is amended by adding at the end the
following:
``3014. Preservation of fundamental legal protections and rights in the
context of investigations and enforcement
matters regarding organizations.''. | Attorney-Client Privilege Protection Act of 2009 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee, officer, director, or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee, officer, director, or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee, officer, director, or agent, for declining to waive those protections.
Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee, officer, director, or agent, is cooperating with the government.
Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee, officer, director, or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or officer or director or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or officer or director or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee, officer, director, or agent of the organization because of the employee's, officer's, director's, or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request.
Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action. | {"src": "billsum_train", "title": "A bill to provide appropriate protection to attorney-client privileged communications and attorney work product."} | 2,252 | 547 | 0.54728 | 1.926495 | 0.546019 | 4.992079 | 4.261386 | 0.932673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Ireland Fair Employment
Practices Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Overall unemployment in Northern Ireland exceeds 14
percent.
(2) Unemployment in some neighborhoods of Northern Ireland
comprised of religious minorities has exceeded 70 percent.
(3) The British Government Fair Employment Commission
(F.E.C.), formerly the Fair Employment Agency (F.E.A.), has
consistently reported that a member of the minority community
is two and one-half times more likely to be unemployed than a
member of the majority community.
(4) The Industrial Development Organization for Northern
Ireland lists twenty-five firms in Northern Ireland which are
controlled by United States persons.
(5) The Investor Responsibility Research Center (IRRC),
Washington, District of Columbia, lists forty-nine publicly
held and nine privately held United States companies doing
business in Northern Ireland.
(6) The religious minority population of Northern Ireland
is frequently subject to discriminatory hiring practices by
United States businesses which have resulted in a
disproportionate number of minority individuals holding menial
and low-paying jobs.
(7) The MacBride Principles are a nine point set of
guidelines for fair employment in Northern Ireland which
establishes a corporate code of conduct to promote equal access
to regional employment but does not require disinvestment,
quotas, or reverse discrimination.
SEC. 3. RESTRICTION ON IMPORTS.
An article from Northern Ireland may not be entered, or withdrawn
from warehouse for consumption, in the customs territory of the United
States unless there is presented at the time of entry to the customs
officer concerned documentation indicating that the enterprise which
manufactured or assembled such article was in compliance at the time of
manufacture with the principles described in section 5.
SEC. 4. COMPLIANCE WITH FAIR EMPLOYMENT PRINCIPLES.
(a) Compliance.--Any United States person who--
(1) has a branch or office in Northern Ireland, or
(2) controls a corporation, partnership, or other
enterprise in Northern Ireland,
in which more than twenty people are employed shall take the necessasry
steps to insure that, in operating such branch, office, corporation,
partnership, or enterprise, those principles relating to employment
practices set forth in section 5 are implemented and this Act is
complied with.
(b) Report.--Each United States person referred to in subsection
(a) shall submit to the Secretary--
(1) a detailed and fully documented annual report, signed
under oath, on showing compliance with the provisions of this
Act; and
(2) such other information as the Secretary determines is
necessary.
SEC. 5. MACBRIDE PRINCIPLES.
The principles referred to in section 4, which are based on the
MacBride Principles, are as follows:
(1) Eliminating religious discrimination in managerial,
supervisory, administrative, clerical, and technical jobs and
significantly increasing the representation in such jobs of
individuals from underrepresented religious groups.
(2) Providing adequate security for the protection of
minority employees at the workplace.
(3) Banning provocative sectarian and political emblems
from the workplace.
(4) Advertising publicly all job openings and undertaking
special recruitment efforts to attract applicants from
underrepresented religious groups.
(5) Establishing layoff, recall, and termination procedures
which do not favor particular religious groupings.
(6) Providing equal employment for all employees, including
implementing equal and nondiscriminatory terms and conditions
of employment for all employees, and abolishing job
reservations, apprenticeship restrictions, and differential
employment criteria, which discriminate on the basis of
religion or ethnic origin.
(7) Developing training programs that will prepare
substantial numbers of minority employees for managerial,
supervisory, administrative, clerical, and technical jobs,
including--
(A) expanding existing programs and forming new
programs to train, upgrade, and improve the skills of
all categories of minority employees;
(B) creating on-the-job training programs and
facilities to assist minority employees to advance to
higher paying jobs requiring greater skills; and
(C) establishing and expanding programs to enable
minority employees to further their education and
skills at recognized education facilities.
(8) Establishing procedures to assess, identify, and
actively recruit minority individuals with potential for
further advancement, and identifying those minority individuals
who have high management potential and enrolling them in
accelerated management programs.
(9) Appointing a senior management staff member to oversee
the United States person's compliance with the principles
described in this section.
SEC. 6. WAIVER OF PROVISIONS.
(a) Waiver of Provisions.--In any case in which the President
determines that compliance by a United States person with the
provisions of this Act would harm the national security of the United
States, the President may waive those provisions with respect to that
United States person. The President shall publish in the Federal
register each waiver granted under this section and shall submit to the
Congress a justification for granting each such waiver. Any such waiver
shall become effective at the end of ninety days after the date on
which the justification is submitted to the Congress unless the
Congress, within that ninety-day period, adopts a joint resolution
disapproving the waiver. In the computation of such ninety-day period,
there shall be excluded the days on which either House of Congress is
not in session because of an adjournment of more than three days to a
day certain or because of an adjournment of the Congress sine die.
(b) Consideration of Resolutions.--
(1) Any resolution described in subsection (a) shall be
considered in the Senate in accordance with the provisions of
section 601(b) of the International Security Assistance and
Arms Export Control Act of 1976.
(2) For the purpose of expediting the consideration and
adoption of a resolution under subsection (a) in the House of
Representatives, a motion to proceed to the consideration of
such resolution after it has been reported by the appropriate
committee shall be treated as highly privileged in the House of
Representatives.
SEC. 7. DEFINITIONS AND PRESUMPTIONS.
(a) Definitions.--For the purpose of this Act--
(1) the term ``United States person'' means any United
States resident or national and any domestic concern (including
any permanent domestic establishment of any foreign concern);
(2) the term ``Secretary'' means the Secretary of Commerce;
and
(3) the term ``Northern Ireland'' includes the counties of
Antrim, Armagh, Londonderry, Down, Tyrone, and Fermanagh.
(b) Presumption.--A United States person shall be presumed to
control a corporation, partnership, or other enterprise in Northern
Ireland if--
(1) the United States person beneficially owns or controls
(whether directly or indirectly) more than 50 percent of the
outstanding voting securities of the corporation, partnership,
or enterprise;
(2) the United States person beneficially owns or controls
(whether directly or indirectly) 25 percent or more of the
voting securities of the corporation, partnership, or
enterprise, if no other person owns or controls (whether
directly or indirectly) an equal or larger percentage;
(3) the corporation, partnership, or enterprise is operated
by the United States person pursuant to the provisions of an
exclusive management contract;
(4) a majority of the members of the board of directors of
the corporation, partnership, or enterprise are also members of
the comparable governing body of the United States person;
(5) the United States person has authority to appoint the
majority of the members of the board of directors of the
corporation, partnership, or enterprise; or
(6) the United States person has authority to appoint the
chief operating officer of the corporation, partnership, or
enterprise.
SEC. 8. EFFECTIVE DATE.
This Act shall take effect six months after the date of enactment
of this Act. | Northern Ireland Fair Employment Practices Act - Prohibits an article from being imported into the United States from Northern Ireland unless documentation is presented at the time of entry indicating that the enterprise which manufactured or assembled such article complied at the time of manufacture with certain fair employment principles (such as freedom from religious discrimination). Bases such principles on the MacBride Principles, a nine point set of guidelines for fair employment in Northern Ireland.
Requires any U.S. person who has a branch or office in Northern Ireland or who controls an enterprise in Northern Ireland in which more than 20 people are employed to insure implementation of such employment principles and compliance with this Act.
Authorizes the President to waive the requirements of this Act in the interest of national security. | {"src": "billsum_train", "title": "Northern Ireland Fair Employment Practices Act"} | 1,694 | 165 | 0.608492 | 1.860024 | 0.824912 | 3.140845 | 11.443662 | 0.901408 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Diabetes Coordinator Act of
2008''.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide leadership for the
development and implementation of a national strategy for reducing the
incidence, progression, and impact of diabetes and its complications.
SEC. 3. NATIONAL DIABETES COORDINATOR.
(a) Establishment.--Title III of the Public Health Service Act (42
U.S.C. 241 et seq.) is amended by inserting after section 330C the
following:
``SEC. 330C-1. NATIONAL DIABETES COORDINATOR.
``(a) In General.--
``(1) Establishment.--There is established within the
Office of the Secretary of the Department of Health and Human
Services the position of National Diabetes Coordinator.
``(2) Appointment.--The Coordinator shall be appointed by
the Secretary in consultation with the President (or the
President's designee) and shall report directly to the
Secretary.
``(3) Qualifications.--The Coordinator shall be a
nationally recognized individual with experience in diabetes-
related issues across private and public sectors.
``(4) Staff.--The Secretary shall provide the Coordinator
with appropriate staff, administrative support, and such other
resources as may be necessary for the Coordinator to carry out
the duties described in subsection (c).
``(b) Mission.--In carrying out the duties described in subsection
(c), the Coordinator shall adhere to the mission of--
``(1) preventing diabetes in those individuals and
populations at risk for the disease;
``(2) increasing detection of diabetes;
``(3) maximizing the return on diabetes research;
``(4) increasing diabetes control efforts;
``(5) improving the standard of diabetes care available;
and
``(6) supplementing, but not supplanting, existing diabetes
research programs.
``(c) Duties of the Coordinator.--The Coordinator shall--
``(1) serve as the principal advisor to the Secretary on
ways to save lives, improve the quality of life, and save money
for taxpayers and patients by reducing the rates of diabetes
and its complications;
``(2) develop a measurement for the incidence of diabetes;
``(3) develop and coordinate implementation of a national
strategy to reduce the incidence, progression, and impact of
diabetes and its complications in the United States;
``(4) provide leadership and coordination between
government agencies and across the public and private sectors
to ensure that diabetes-related programs and policies of the
Department of Health and Human Services are coordinated
internally and with those of relevant Federal, State, and local
agencies with a goal of avoiding duplication of effort,
maximizing impact, and marshaling all government resources; and
``(5) coordinate public and private resources to develop
and lead a public awareness campaign regarding the prevention
and control of diabetes and its complications.
``(d) Cooperation.--The head of any Federal department or agency,
including the Office of Minority Health, and the head of any public or
private agency or entity that receives Federal funds related to
diabetes or diabetes-related complications, including the Diabetes
Mellitus Interagency Coordinating Committee and the National Diabetes
Education Program within the National Institutes of Health, shall, to
the extent possible, give full cooperation to the Coordinator.
``(e) No New Rights or Benefits.--This section is not intended to,
and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity against the United States, its
agencies, its entities or instrumentalities, its officers or employees,
or any other person.
``(f) Definitions.--In this section:
``(1) The term `Coordinator' means the National Diabetes
Coordinator.
``(2) The term `diabetes' means diabetes mellitus and
includes type 1 diabetes, type 2 diabetes, and gestational
diabetes.''.
(b) Executive Schedule.--Section 5315 of title 5, United States
Code, is amended by adding at the end the following new item:
``National Diabetes Coordinator General, Department of
Health and Human Services.''
(c) Beginning of Operations.--Not later than 90 days after the date
of the enactment of this Act, the National Diabetes Coordinator shall
begin operations under section 330C-1 of the Public Health Service Act,
as added by subsection (a).
SEC. 4. REPORTS TO THE PRESIDENT.
(a) National Strategy.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Health and Human
Services, in consultation with the National Diabetes
Coordinator, shall report to the President on a national
strategy to reduce the incidence, progression, and impact of
diabetes and its complications in the United States.
(2) Updates.--The Secretary of Health and Human Services,
in consultation with the National Diabetes Coordinator, shall
submit biennial updates to the report required by paragraph
(1).
(b) Report by OPM.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Office of Personnel
Management shall report to the President through the Secretary of
Health and Human Services on ways that the Federal Government can build
into its negotiations with health plans appropriate standards and
activities to reduce risk factors for diabetes and encourage prevention
and early treatment of diabetes and its complications.
(c) Report by Secretary of Agriculture.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Agriculture shall report to the President on ways in which food
programs and nutritional support can be better targeted at concerns
specific to those at risk for diabetes or those already diagnosed with
diabetes whose complications could be reduced by more effective diet.
(d) Definition.--In this section, the term ``diabetes'' means
diabetes mellitus and includes type 1 diabetes, type 2 diabetes, and
gestational diabetes. | National Diabetes Coordinator Act of 2008 - Amends the Public Health Service Act to establish within the Office of the Secretary of the Department of Health and Human Services (HHS) the position of National Diabetes Coordinator, whose duties shall be to: (1) serve as the Secretary's principal advisor on reducing the rates of diabetes and its complications; (2) develop a measurement for the incidence of diabetes; (3) develop and coordinate implementation of a national strategy to reduce the incidence, progression, and impact of diabetes and its complications; (4) provide leadership and coordination to ensure that diabetes-related programs and policies of HHS are coordinated internally and with those of relevant federal, state, and local agencies with a goal of avoiding duplication of effort, maximizing impact, and marshaling all government resources; and (5) coordinate public and private resources to develop and lead a public awareness campaign regarding the prevention and control of diabetes and its complications.
Requires reports to the President: (1) from the HHS Secretary on a national strategy to reduce the incidence, progression, and impact of diabetes and its complications; (2) from the Director of the Office of Personnel Management (OPM) on negotiations with health plans to include appropriate standards and activities to reduce risk factors for diabetes and encourage prevention and early treatment; and (3) from the Secretary of Agriculture on ways in which food programs and nutritional support can be better targeted at concerns specific to those at risk for diabetes or those already diagnosed whose complications could be reduced by more effective diet. | {"src": "billsum_train", "title": "To reduce the incidence, progression, and impact of diabetes and its complications and establish the position of National Diabetes Coordinator."} | 1,289 | 310 | 0.698686 | 2.007715 | 0.89286 | 7.190635 | 4.086957 | 0.963211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reduce and Cap the Federal Workforce
Act of 2010''.
SEC. 2. REDUCTION AND LIMITATION ON THE TOTAL NUMBER OF FEDERAL
EMPLOYEES.
(a) Definition.--In this Act--
(1) the term ``agency''--
(A) means an executive agency as defined under
section 105 of title 5, United States Code; and
(B) shall not include--
(i) the Executive Office of the President;
(ii) the Central Intelligence Agency;
(iii) the Federal Bureau of Investigation;
or
(iv) the Secret Service; and
(2) the term ``employee''--
(A) means an employee of any agency; and
(B) shall not include any employee--
(i) employed by a Federal entity described
under paragraph (1)(B); or
(ii) designated by the Director of National
Intelligence for exclusion for purposes of
national security.
(b) Agencies Other Than the Department of Defense and the
Department of Homeland Security.--
(1) Determination of number of employees.--Not later than
90 days after the date of enactment of this Act, the head of
each agency (other than the Department of Defense and the
Department of Homeland Security) shall collaborate with the
Director of the Office of Management and Budget and determine--
(A) the number of full-time employees employed in
that agency on February 16, 2009; and
(B) the number of full-time employees employed in
that agency at the end of that 90-day period.
(2) Reductions by attrition.--If the number of full-time
employees employed in an agency determined under paragraph
(1)(A) is less than the number of full-time employees employed
in that agency on the date occurring 90 days after the date of
enactment of this Act, the head of that agency shall ensure
that no individual is appointed as a full-time employee in that
agency until the number of full-time employees employed in that
agency is reduced by attrition to that number determined under
paragraph (1)(A).
(3) Offset in number of employees.--
(A) In general.--After an agency has reached the
number of full-time employees to be in compliance with
paragraph (2), the head of that agency shall ensure
that the number of full-time employees in that agency
is offset by a reduction of 1 full-time employee at
that agency for each individual who is appointed as a
full-time employee in any agency.
(B) Offset if reductions unnecessary.--If the
number of full-time employees employed in an agency
determined under paragraph (1)(A) is more than the
number of full-time employees employed in that agency
on the date occurring 90 days after the date of
enactment of this Act, the head of that agency shall
ensure that the number of full-time employees in that
agency is offset by a reduction of 1 full-time employee
at that agency for each individual who is appointed as
a full-time employee in any agency.
(c) Department of Defense and the Department of Homeland
Security.--
(1) Determination of number of employees.--Not later than
90 days after the date of enactment of this Act, the Secretary
of Defense and the Secretary of Homeland Security shall
collaborate with the Director of the Office of Management and
Budget and determine the number of full-time employees employed
in the Department of Defense and the Department of Homeland
Security at the end of that 90-day period.
(2) Offset in number of employees.--After the 90-day period
described under paragraph (1), the Secretary of Defense and the
Secretary of Homeland Security shall ensure that the number of
full-time employees in the Department of Defense and the
Department of Homeland Security determined under paragraph (1)
is offset by a reduction of 1 full-time employee at the
applicable department for each individual who is appointed as a
full-time employee in that department.
(d) Information on Total Employees.--
(1) In general.--Except as provided under paragraph (2),
the Director of the Office of Management and Budget shall--
(A) publicly disclose--
(i) the total number of Federal employees;
(ii) the number of Federal employees in
each agency; and
(iii) the annual rate of pay by title of
each Federal employee at each agency; and
(B) update the information described under
subparagraph (A) not less than once a year.
(2) National security exception.--The Director of National
Intelligence may exclude any employee from information to be
disclosed under paragraph (1) for purposes of national
security. | Reduce and Cap the Federal Workforce Act of 2010 - Requires the head of each executive agency: (1) to determine the number of full-time agency employees on February 16, 2009 (2009 number) and the number of full-time agency employees on the date occurring 90 days after enactment of this Act (current number); (2) if the 2009 number is lower, to ensure that no new employee is appointed until the 2009 number is attained through attrition; and (3) if the current number is lower or once the 2009 number is attained, to maintain that number by offsetting each new appointment by a reduction. Excludes the Department of Defense (DOD), the Department of Homeland Security (DHS), the Executive Office of the President, the Central Intelligence Agency (CIA), the Federal Bureau of Investigation (FBI), and the Secret Service.
Requires the Secretary of Defense and the Secretary of Homeland Security to: (1) determine the current number of full-time employees of DOD and DHS; and (2) maintain that number by offsetting each new appointment by a reduction.
Requires the Director of the Office of Management and Budget (OMB) to: (1) publicly disclose the total number of federal employees, the number of federal employees in each agency, and the annual rate of pay by title of each federal employee at each agency; and (2) update such information at least once a year. Authorizes the Director of National Intelligence to exclude any employee from such information for purposes of national security. | {"src": "billsum_train", "title": "A bill to provide for a reduction and limitation on the total number of Federal employees, and for other purposes."} | 1,005 | 320 | 0.706174 | 2.144325 | 0.983851 | 3.178808 | 3.205298 | 0.880795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cyber Security Information Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1)(A) Many information technology computer systems,
software programs, and similar facilities are vulnerable to
attacks or misuse through the Internet, public or private
telecommunications systems, or similar means.
(B) The problem described in subparagraph (A) and resulting
failures could incapacitate systems that are essential to the
functioning of markets, commerce, consumer products, utilities,
government, and safety and defense systems, in the United
States and throughout the world.
(C) Protecting, reprogramming, or replacing affected
systems before the problem incapacitates essential systems is a
matter of national and global interest.
(2) The prompt, candid, and thorough, but secure and
protected, disclosure and exchange of information related to
the cybersecurity of entities, systems, and infrastructure--
(A) would greatly enhance the ability of public and
private entities to improve their own cyber security;
and
(B) is therefore a matter of national importance
and a vital factor in minimizing any potential cyber
security related disruption to the Nation's economic
well-being and security.
(3) Concern about the potential for legal liability
associated with the disclosure and exchange of cyber security
information could unnecessarily impede the secure disclosure
and protected exchange of such information.
(4) The capability to securely disclose and engage in the
protected exchange of information relating to cyber security,
solutions, test practices and test results, without undue
concern about inappropriate disclosure of that information, is
critical to the ability of public and private entities to
address cyber security needs in a timely manner.
(5) The national interest will be served by uniform legal
standards in connection with the secure disclosure and
protected exchange of cyber security information that will
promote appropriate disclosures and exchanges of such
information in a timely fashion.
(6) The ``National Plan for Information Systems Protection,
Version 1.0, An Invitation to a Dialogue'', released by the
President on January 7, 2000, calls for the Government to
assist in seeking changes to applicable laws on ``Freedom of
Information, liability, and antitrust where appropriate'' in
order to foster industry-wide centers for information sharing
and analysis.
(b) Purposes.--Based upon the powers contained in article I,
section 8, clause 3 of the Constitution of the United States, the
purposes of this Act are--
(1) to promote the secure disclosure and protected exchange
of information related to cyber security;
(2) to assist private industry and government in
effectively and rapidly responding to cyber security problems;
(3) to lessen burdens on interstate commerce by
establishing certain uniform legal principles in connection
with the secure disclosure and protected exchange of
information related to cyber security; and
(4) to protect the legitimate users of cyber networks and
systems, and to protect the privacy and confidence of shared
information.
SEC. 3. DEFINITIONS.
In this Act:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given to it in subsection (a)
of the first section of the Clayton Act (15 U.S.C.
12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the
extent such section 5 applies to unfair methods of
competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Critical infrastructure.--The term ``critical
infrastructure'' means facilities or services so vital to the
nation or its economy that their disruption, incapacity, or
destruction would have a debilitating impact on the defense,
security, long-term economic prosperity, or health or safety of
the United States.
(3) Cyber security.--The term ``cyber security'' means the
vulnerability of any computing system, software program, or
critical infrastructure to, or their ability to resist,
intentional interference, compromise, or incapacitation through
the misuse of, or by unauthorized means of, the Internet,
public or private telecommunications systems, or other similar
conduct that violates Federal, State, or international law,
that harms interstate commerce of the United States, or that
threatens public health or safety.
(4) Cyber security internet website.--The term ``cyber
security Internet website'' means an Internet website or other
similar electronically accessible service, clearly designated
on the website or service by the person or entity creating or
controlling the content of the website or service as an area
where cyber security statements are posted or otherwise made
accessible to appropriate entities.
(5) Cyber security statement.--
(A) In general.--The term ``cyber security
statement'' means any communication or other conveyance
of information by a party to another, in any form or
medium including by means of a cyber security Internet
website--
(i) concerning an assessment, projection,
or estimate concerning the cyber security of
that entity, its computer systems, its software
programs, or similar facilities of its own;
(ii) concerning plans, objectives, or
timetables for implementing or verifying the
cyber security thereof;
(iii) concerning test plans, test dates,
test results, or operational problems or
solutions related to the cyber security
thereof; or
(iv) reviewing, commenting on, or otherwise
directly or indirectly relating to the cyber
security thereof.
(B) Not included.--For the purposes of any action
brought under the securities laws, as that term is
defined in section 3(a)(47) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(47)), the term ``cyber
security statement'' does not include statements
contained in any documents or materials filed with the
Securities and Exchange Commission, or with Federal
banking regulators, pursuant to section 12(i) of the
Securities Exchange Act of 1934 (15 U.S.C. 781(i)), or
disclosures or writing that when made accompanied the
solicitation of an offer or sale of securities.
SEC. 4. SPECIAL DATA GATHERING.
(a) In General.--Any Federal entity, agency, or authority may
expressly designate a request for the voluntary provision of
information relating to cyber security, including cyber security
statements, as a cyber security data gathering request made pursuant to
this section.
(b) Specifics.--A cyber security data gathering request made under
this section--
(1) shall specify a Federal entity, agency, or
authority, or, with its consent, another public or
private entity, agency, or authority, to gather
responses to the request;
(2) shall be a request from a private entity,
agency, or authority to a Federal entity, agency, or
authority; or
(3) shall be deemed to have been made and to have
specified such a private entity, agency, or authority
when the Federal entity, agency, or authority has
voluntarily been given cyber security information
gathered by that private entity, agency, or authority,
including by means of a cyber security Internet
website.
(c) Protections.--Except with the express consent or permission of
the provider of information described in paragraph (1), any cyber
security statements or other such information provided by a party in
response to a special cyber security data gathering request made under
this section--
(1) shall be exempt from disclosure under section 552(a) of
title 5, United States Code (commonly known as the ``Freedom of
Information Act''), by all Federal entities, agencies, and
authorities;
(2) shall not be disclosed to or by any third party; and
(3) may not be used by any Federal or State entity, agency,
or authority or by any third party, directly or indirectly, in
any civil action arising under any Federal or State law.
(d) Exceptions.--
(1) Information obtained elsewhere.--Nothing in this
section shall preclude a Federal entity, agency, or authority,
or any third party, from separately obtaining the information
submitted in response to a request under this section through
the use of independent legal authorities, and using such
separately obtained information in any action.
(2) Public disclosure.--A restriction on use or disclosure
of information under this section shall not apply to any
information disclosed generally or broadly to the public with
the express consent of the party.
SEC. 5. ANTITRUST EXEMPTION.
(a) Exemption.--Except as provided in subsection (b), the antitrust
laws shall not apply to conduct engaged in, including making and
implementing an agreement, solely for the purpose of and limited to--
(1) facilitating the correction or avoidance of a cyber
security related problem; or
(2) communicating or disclosing information to help correct
or avoid the effects of a cyber security related problem.
(b) Exception to Exemption.--Subsection (a) shall not apply with
respect to conduct that involves or results in an agreement to boycott
any person, to allocate a market, or to fix prices or output.
SEC. 6. CYBER SECURITY WORKING GROUPS.
(a) In General.--
(1) Working groups.--The President may establish and
terminate working groups composed of Federal employees who will
engage outside organizations in discussions to address cyber
security, to share information related to cyber security, and
otherwise to serve the purposes of this Act.
(2) List of groups.--The President shall maintain and make
available to the public a printed and electronic list of such
working groups and a point of contact for each, together with
an address, telephone number, and electronic mail address for
such point of contact.
(3) Balance.--The President shall seek to achieve a balance
of participation and representation among the working groups.
(4) Meetings.--Each meeting of a working group created
under this section shall be announced in advance in accordance
with procedures established by the President.
(b) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the working groups established
under this section.
(c) Private Right of Action.--This section creates no private right
of action to sue for enforcement of any provision of this section. | Specifies that such a request shall: (1) specify an entity to gather responses to the request; (2) be from a private entity to a Federal entity; or (3) be deemed to have been made and to have specified such a private entity when the Federal entity has voluntarily been given cyber security information gathered by that private entity, including by means of a cyber security Internet website.
Provides that a cyber security statement or other such information provided by a party in response to a request: (1) shall be exempt from disclosure under the Freedom of Information Act; (2) shall not be disclosed to or by any third party; and (3) may not be used by any Federal or State entity or by any third party in any civil action arising under Federal or State law. Makes exceptions regarding separately obtained information submitted in response to a request through the use of independent legal authorities and regarding information disclosed generally or broadly to the public with the express consent of the party.
(Sec. 5) Makes the antitrust laws inapplicable to conduct engaged in solely for facilitating or communicating about the correction or avoidance of a cyber security related problem. Makes an exception with respect to conduct that involves or results in an agreement to boycott any person, to allocate a market, or to fix prices or output.
(Sec. 6) Authorizes the President to establish working groups of Federal employees who will engage outside organizations in discussions to address cyber security and to share information related to cyber security. | {"src": "billsum_train", "title": "Cyber Security Information Act"} | 2,197 | 316 | 0.496786 | 1.682256 | 0.606629 | 6.326531 | 7.153061 | 0.965986 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bankruptcy Judgeship Act of 2016''.
SEC. 2. PERMANENT JUDGESHIPS.
The following authorized bankruptcy judgeship positions shall be
filled in the manner prescribed in section 152(a)(1) of title 28,
United States Code, for the appointment of bankruptcy judges provided
for in section 152(a)(2) of such title:
(1) Two additional bankruptcy judgeships for the district
of Delaware.
(2) Two additional bankruptcy judgeships for the eastern
district of Michigan.
(3) Two additional bankruptcy judgeships for the middle
district of Florida.
SEC. 3. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.
(a)(1) The 4 temporary bankruptcy judgeships authorized for the
district of Delaware pursuant to section 1223(b)(1)(C) of Public Law
109-8 (2005) (28 U.S.C. 152 note) are converted to permanent bankruptcy
judgeships under section 152(a)(2) of title 28, United States Code.
(2) The temporary bankruptcy judgeship authorized for the district
of Delaware pursuant to section 3(a)(3) of Public Law 102-361 (1992),
as amended by section 307 of title III of Public Law 104-317 (1996) (28
U.S.C. 152 note), is converted to a permanent bankruptcy judgeship
under section 152(a)(2) of title 28, United States Code.
(b) The 2 temporary bankruptcy judgeships authorized for the
southern district of Florida pursuant to section 1223(b)(1)(D) of
Public Law 109-8 (2005) (28 U.S.C. 152 note) are converted to permanent
bankruptcy judgeships under section 152(a)(2) of title 28, United
States Code.
(c) Two of the temporary bankruptcy judgeships authorized for the
district of Maryland pursuant to section 1223(b)(1)(F) of Public Law
109-8 (2005) (28 U.S.C. 152 note) are converted to permanent bankruptcy
judgeships under section 152(a)(2) of title 28, United States Code.
(d) The temporary bankruptcy judgeship authorized for the eastern
district of Michigan pursuant to section 1223(b)(1)(G) of Public Law
109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent
bankruptcy judgeship under section 152(a)(2) of title 28, United States
Code.
(e) The temporary bankruptcy judgeship authorized for the district
of Nevada pursuant to section 1223(b)(1)(T) of Public Law 109-8 (2005)
(28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship
under section 152(a)(2) of title 28, United States Code.
(f) The temporary bankruptcy judgeship authorized for the eastern
district of North Carolina pursuant to section 1223(b)(1)(M) of Public
Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent
bankruptcy judgeship under section 152(a)(2) of title 28, United States
Code.
(g)(1) The temporary bankruptcy judgeship authorized for the
district of Puerto Rico pursuant to section 1223(b)(1)(P) of Public Law
109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent
bankruptcy judgeship under section 152(a)(2) of title 28, United States
Code.
(2) The temporary bankruptcy judgeship authorized for the district
of Puerto Rico pursuant to section 3(a)(7) of Public Law 102-361
(1992), as amended by section 307 of title III of Public Law 104-317
(1996) (28 U.S.C. 152 note), is converted to a permanent bankruptcy
judgeship under section 152(a)(2) of title 28, United States Code.
(h) The temporary bankruptcy judgeship authorized for the western
district of Tennessee pursuant to section 1223(b)(1)(Q) of Public Law
109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent
bankruptcy judgeship under section 152(a)(2) of title 28, United States
Code.
(i) The temporary bankruptcy judgeship authorized for the eastern
district of Virginia pursuant to section 1223(b)(1)(R) of Public Law
109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent
bankruptcy judgeship under section 152(a)(2) of title 28, United States
Code.
SEC. 4. TECHNICAL AMENDMENTS.
Section 152(a)(2) of title 28, United States Code, is amended--
(1) in the item relating to the district of Delaware, by
striking ``1'' and inserting ``8'';
(2) in the item relating to the middle district of Florida,
by striking ``8'' and inserting ``10'';
(3) in the item relating to the southern district of
Florida, by striking ``5'' and inserting ``7'';
(4) in the item relating to the district of Maryland, by
striking ``4'' and inserting ``6'';
(5) in the item relating to the eastern district of
Michigan, by striking ``4'' and inserting ``7''.
(6) in the item relating to the district of Nevada, by
striking ``3'' and inserting ``4'';
(7) in the item relating to the eastern district of North
Carolina, by striking ``2'' and inserting ``3'';
(8) in the item relating to the district of Puerto Rico, by
striking ``2'' and inserting ``4'';
(9) in the item relating to the western district of
Tennessee, by striking ``4'' and inserting ``5''; and
(10) in the item relating to the eastern district of
Virginia, by striking ``5'' and inserting ``6''.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act. | Bankruptcy Judgeship Act of 2016 This bill amends the federal judicial code to: convert certain temporary bankruptcy judges to permanent bankruptcy judges and authorize the appointment of additional bankruptcy judges in Delaware and Michigan; convert temporary bankruptcy judges to permanent bankruptcy judges in specified judicial districts in Florida, Maryland, Nevada, North Carolina, Puerto Rico, Tennessee, and Virginia; and authorize the appointment of additional bankruptcy judges in the middle district of Florida. | {"src": "billsum_train", "title": "Bankruptcy Judgeship Act of 2016"} | 1,345 | 89 | 0.619502 | 1.611426 | 0.783265 | 1.821429 | 13.559524 | 0.821429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Montgomery GI Bill Second Chance Act
of 2004''.
SEC. 2. OPPORTUNITY FOR ACTIVE DUTY PERSONNEL TO WITHDRAW AN ELECTION
NOT TO PARTICIPATE IN THE MONTGOMERY GI BILL EDUCATION
PROGRAM.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new section:
``Sec. 3018D. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of this chapter,
during the month of October in any year, beginning with 2004,
(hereinafter in this section referred to as the `open season') a
qualified individual (described in subsection (b)) may make an
irrevocable election under this section to become entitled to basic
educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Homeland Security shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before, on, or after July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member.
``(3) The individual is serving on active duty during the
open season of the year involved.
``(4) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(5) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who makes an election under this
section to become entitled to basic educational assistance under this
chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$1,200; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(5), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $1,200 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e)(1) Except as provided in paragraph (3), a qualified
individual who is enrolled in the educational benefits program provided
by chapter 32 of this title and who makes the election described in
subsection (a)(1) shall be disenrolled from such chapter 32 program as
of the date of such election.
``(2) For each individual who is disenrolled from such program, the
Secretary shall refund--
``(A) to the individual, as provided in section 3223(b) of
this title and subject to subsection (b)(2) of this section,
the unused contributions made by the individual to the Post-
Vietnam Era Veterans Education Account established pursuant to
section 3222(a) of this title; and
``(B) to the Secretary of Defense the unused contributions
(other than contributions made under section 3222(c) of this
title) made by such Secretary to the Account on behalf of such
individual.
``(3) Any contribution made by the Secretary of Defense to the
Post-Vietnam Era Veterans Education Account pursuant to subsection (c)
of section 3222 of this title on behalf of any individual referred to
in paragraph (1) shall remain in such account to make payments of
benefits to such individual under section 3015(f) of this title.
``(f) The Secretary concerned, in conjunction with the Secretary of
Defense, shall provide for notice of the opportunity under this section
to elect to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1)
of such title are each amended by striking ``Any individual'' in the
third sentence and inserting ``Subject to section 3018D of this title,
any individual''.
(2) Section 3015(f) of such title is amended by striking ``or
3018C'' and inserting ``3018C, or 3018D''.
(3) Section 3017(b)(1) of such title is amended--
(A) in subparagraph (A), by striking ``or 3018C(e)'' and
inserting ``3018C(e), or 3018D(d)'';
(B) in subparagraph (B), by inserting ``or 3018D(d)'' after
``3018C(e)''; or
(C) in subparagraph (C), by striking ``or 3018C(e)'' and
inserting ``3018C(e), or 3018D(d)''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3018C the following new item:
``3018D. Opportunity for certain active-duty personnel to enroll.''. | Montgomery GI Bill Second Chance Act of 2004 - Authorizes certain members of the Armed Forces to make an irrevocable election during October of any year beginning in 2004 to become entitled to basic educational assistance under the Montgomery GI Bill.
Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay.
States that members who are enrolled in the post-Vietnam era veterans' educational assistance program shall be disenrolled from that program upon electing the educational assistance described in this Act.
Requires the Secretary concerned, in conjunction with the Secretary of Defense, to provide notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill. | {"src": "billsum_train", "title": "To amend title 38, United States Code, and title 10, United States Code, to provide for an opportunity for active duty personnel to withdraw an election not to participate in the program of educational assistance under the Montgomery GI Bill."} | 1,535 | 186 | 0.57479 | 1.544582 | 0.94617 | 3.062893 | 8.955975 | 0.886792 |
SECTION 1. DECLARATION OF POLICY.
It is the policy of the United States to end the needless maiming
and suffering inflicted upon animals through the use of steel jaw
leghold traps by prohibiting the shipment in interstate or foreign
commerce of such traps and of articles of fur from animals that were
trapped in such traps.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) The term ``article of fur'' means--
(A) any furskin bearing hair, raw or not dressed,
or dressed; or
(B) any article, however produced, that consists in
whole or part of any furskin.
For purposes of subparagraph (A), the terms ``furskin'', ``raw
or not dressed'', and ``dressed'' have the same respective
meanings that are given them in headnote 2 of subpart B of part
5 of schedule 1 of the Tariff Schedules of the United States
(19 U.S.C. 1202).
(2) The term ``interstate or foreign commerce'' shall have
the same meaning as that given to such term in section 10 of
title 18, United States Code.
(3) The term ``import'' means to land on, bring into, or
introduce into, any place subject to the jurisdiction of the
United States, whether or not such landing, bringing, or
introduction constitutes an importation within the meaning of
the customs laws of the United States.
(4) The term ``person'' includes any individual,
partnership, association, corporation, trust, or any officer,
employee, agent, department, or instrumentality of the Federal
Government or of any State or political subdivision thereof, or
any other entity subject to the jurisdiction of the United
States.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``steel jaw leghold trap'' means any spring-
powered pan- or sear-activated device with two opposing steel
jaws which is designed to capture an animal by snapping closed
upon the animal's limb or part thereof.
SEC. 3. PROHIBITED ACTS AND PENALTIES.
(a) No article of fur shall be imported, exported, or shipped in
interstate or foreign commerce if any part or portion of such article
is derived from an animal that was trapped in a steel jaw leghold trap.
(b) It is unlawful for any person knowingly--
(1) to import, export, ship or receive any article of fur
in contravention of subsection (a);
(2) to deliver, carry, transport, or ship by any means
whatever, in interstate or foreign commerce, any steel jaw
leghold trap;
(3) to sell, receive, acquire, or purchase any steel jaw
leghold trap that was delivered, carried, transported, or
shipped in contravention of paragraph (2); or
(4) to violate any regulation prescribed by the Secretary
under this section.
(c) Any person who knowingly commits an act which violates
subsection (a) or (b), or any regulation issued under this section,
shall, upon conviction for the first such violation, be fined not more
than $1,000; and, upon conviction for the second and each subsequent
violation, be fined not more than $5,000 and imprisoned for not more
than two years.
SEC. 4. REWARDS.
The Secretary shall pay an amount equal to half of the fine paid to
any person who furnishes information which leads to a conviction of a
criminal violation of any provision of this Act or any regulation
issued thereunder. Any officer or employee of the United States or of
any State or local government who furnishes information or renders
service in the performance of his official duties is not eligible for
payment under this section.
SEC. 5. ENFORCEMENT.
(a) The provisions of this Act and any regulations issued pursuant
thereto shall be enforced by the Secretary, who may utilize by
agreement, with or without reimbursement, the personnel, services, and
facilities of any other Federal agency or any State agency for purposes
of enforcing this Act.
(b) The judges of the district courts of the United States and the
United States magistrates may, within their respective jurisdictions,
upon proper oath or affirmation showing probable cause, issue such
warrants or other process as may be required for enforcement of this
Act and any regulation issued thereunder.
(c) To the maximum extent now or hereafter permitted by Federal
law, any individual having authority to enforce this Act may--
(1) detain for inspection, search, and seize any package,
crate, or other container, including its contents, and all
accompanying documents;
(2) make arrests without a warrant for any violation of
this Act; and
(3) execute and serve any arrest warrant, search warrant,
or other warrant or criminal process issued by any judge or
magistrate of any court of competent jurisdiction for
enforcement of this Act.
Any item seized under this Act shall be held by any person authorized
by the Secretary, pending the disposition of criminal proceedings or
the institution of an action in rem for forfeiture of the item under
paragraph (4); the Secretary may, in lieu of holding the item, permit
the owner or consignee to post a bond or other surety satisfactory to
the Secretary. Upon forfeiture of any such item to the United States,
or the abandonment or waiver of any claim to any such item, it shall be
disposed of (other than by sale to the general public) by the Secretary
in such manner, consistent with the purposes of this Act, as the
Secretary shall prescribe by regulation.
(d) Any article of fur or steel jaw leghold trap taken, possessed,
sold, purchased, offered for sale or purchase, transported, delivered,
received, carried, shipped, exported, or imported contrary to the
provisions of this Act or to any regulation made pursuant thereto,
shall be subject to forfeiture to the United States.
(e) The Attorney General of the United States may seek to enjoin
any person who is alleged to be in violation of any provision of this
Act or regulation issued under authority thereof.
SEC. 6. REGULATIONS.
The Secretary shall prescribe such regulations as are necessary to
enforce the provisions of this Act.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect one year after the date of its
enactment. | Prohibits the shipment in interstate or foreign commerce of steel jaw leghold traps and of articles of fur derived from animals trapped in such traps.
Prescribes criminal penalties for violations of this Act.
Directs the Secretary of the Interior to reward nongovernment informers for information leading to a conviction under this Act. Empowers enforcement officials to detain, search, and seize suspected merchandise or documents and to make arrests with and without warrants. Subjects seized merchandise to forfeiture. | {"src": "billsum_train", "title": "To end the use of steel jaw leghold traps on animals in the United States."} | 1,366 | 110 | 0.43842 | 1.226722 | 0.35475 | 2.674419 | 15.430233 | 0.837209 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Sponsors of Terrorism Review
Enhancement Act''.
SEC. 2. MODIFICATIONS OF AUTHORITIES THAT PROVIDE FOR RESCISSION OF
DETERMINATIONS OF COUNTRIES AS STATE SPONSORS OF
TERRORISM.
(a) Foreign Assistance Act of 1961.--Section 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371) is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``45 days'' and inserting ``90 days''; and
(B) in subparagraph (A), by striking ``6-month
period'' and inserting ``24-month period'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Disapproval of Rescission.--No rescission under subsection
(c)(2) of a determination under subsection (a) with respect to the
government of a country may be made if the Congress, within 90 days
after receipt of a report under subsection (c)(2), enacts a joint
resolution described in subsection (f)(2) of section 40 of the Arms
Export Control Act with respect to a rescission under subsection (f)(1)
of such section of a determination under subsection (d) of such section
with respect to the government of such country.'';
(4) in subsection (e) (as redesignated), in the matter
preceding paragraph (1), by striking ``may be'' and inserting
``may, on a case-by-case basis, be''; and
(5) by adding at the end the following new subsection:
``(f) Notification and Briefing.--Not later than--
``(1) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in subsection (c)(2)(A), the President,
acting through the Secretary of State, shall notify the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
initiation; and
``(2) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary of State,
shall brief such committees on the status of such review.''.
(b) Arms Export Control Act.--Section 40 of the Arms Export Control
Act (22 U.S.C. 2780) is amended--
(1) in subsection (f)--
(A) in paragraph (1)(B)--
(i) in the matter preceding clause (i), by
striking ``45 days'' and inserting ``90 days'';
and
(ii) in clause (i), by striking ``6-month
period'' and inserting ``24-month period''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``45
days'' and inserting ``90 days''; and
(ii) in subparagraph (B), by striking ``45-
day period'' and inserting ``90-day period'';
(2) in subsection (g), in the matter preceding paragraph
(1), by striking ``may waive'' and inserting ``may, on a case-
by-case basis, waive'';
(3) by redesignating subsection (l) as subsection (m); and
(4) by inserting after subsection (k) the following new
subsection:
``(l) Notification and Briefing.--Not later than--
``(1) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in subsection (f)(1)(B)(i), the President,
acting through the Secretary of State, shall notify the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate of such
initiation; and
``(2) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary of State,
shall brief such committees on the status of such review.''.
(c) Export Administration Act of 1979.--
(1) In general.--Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), as continued in effect
under the International Emergency Economic Powers Act, is
amended--
(A) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by
striking ``45 days'' and inserting ``90 days'';
and
(ii) in clause (i), by striking ``6-month
period'' and inserting ``24-month period'';
(B) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8), respectively; and
(C) by inserting after paragraph (4) the following
new paragraphs:
``(5) Disapproval of Rescission.--No rescission under paragraph
(4)(B) of a determination under paragraph (1)(A) with respect to the
government of a country may be made if the Congress, within 90 days
after receipt of a report under paragraph (4)(B), enacts a joint
resolution described in subsection (f)(2) of section 40 of the Arms
Export Control Act with respect to a rescission under subsection (f)(1)
of such section of a determination under subsection (d) of such section
with respect to the government of such country.
``(6) Notification and Briefing.--Not later than--
``(A) ten days after initiating a review of the activities
of the government of the country concerned within the 24-month
period referred to in paragraph (4)(B)(i), the President,
acting through the Secretary and the Secretary of State, shall
notify the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate of such initiation; and
``(B) 20 days after the notification described in paragraph
(1), the President, acting through the Secretary and the
Secretary of State, shall brief such committees on the status
of such review.''.
(2) Regulations.--The President shall amend the Export
Administration Regulations under subchapter C of chapter VII of
title 15, Code of Federal Regulations, to the extent necessary
and appropriate to carry out the amendment made by paragraph
(1). | State Sponsors of Terrorism Review Enhancement Act This bill amends the Foreign Assistance Act of 1961, the Arms Export Control Act, and the Export Administration Act of 1979, with respect to the rescission of a determination of a country as a state sponsor of terrorism, to require that the President has submitted to Congress a report justifying such rescission 90 days (currently 45 days) prior to the rescission taking effect, which certifies that the government concerned has not provided support for international terrorism during the preceding 24 months (currently 6 months). No such rescission under the Foreign Assistance Act of 1961 or the Export Administration Act of 1979 may be made if Congress, within 90 days after receipt of such a presidential report, enacts a joint resolution pursuant to the Arms Export Control Act prohibiting such rescission. | {"src": "billsum_train", "title": "State Sponsors of Terrorism Review Enhancement Act"} | 1,459 | 197 | 0.665415 | 1.704722 | 0.827224 | 2.073333 | 8.806667 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Heating Loan Guarantee Act of
2008''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Heating oil, propane, and natural gas help to keep 70
percent of United States households warm.
(2) For 8,000,000 homes alone in the United States, heating
oil is the primary source of heating and 6,200,000 of those
homes are in the Northeast, including the Central Atlantic
States.
(3) Over the last year and a half, the retail cost of
heating oil has nearly tripled, as follows:
(A) In January 2007, a gallon of heating oil cost
$1.59.
(B) By autumn of 2007, the cost of 1 gallon was
$2.75.
(C) From October 2008 through March 2009, heating
oil is projected to average $4.13 per gallon, an
increase of about 25 percent over last winter.
(D) Increases in natural gas and propane prices
this winter are also projected.
(4) Many homeowners, already strapped financially, simply
will not be able to heat their homes this winter.
(5) In Northeastern Pennsylvania this winter, the average
homeowner who uses 950 gallons of home heating oil will have to
pay between $3,000 to $4,000 for heating.
(6) While the Low Income Home Energy Assistance Program
operated by the Secretary of Health and Human Services through
the Administration for Children and Families (the program is
commonly referred to as ``LIHEAP'') is a big help to consumers,
the Program by itself is not enough to meet the challenge and
the Congress should act to increase its funding as a separate
matter.
(7) Heating oil dealers have faced and will continue to
face tremendous stress because of the price increase.
(8) Home heating oil dealers suffered cash flow problems in
the Winter of 2007-2008 and, with such large price increases,
the problems will only get worse in the Winter of 2008-2009.
(9) In the usage of trade in the home heating oil supply
and distribution system, home heating oil dealers must
typically pay suppliers within 10 days of delivery of oil.
(10) If customers cannot make timely payments to dealers,
dealers, in turn, lack the cash to pay suppliers to keep
supplies flowing to consumers.
SEC. 3. GUARANTEED DEPOSITORY INSTITUTION LOANS TO HOME HEATING
SUPPLIERS.
(a) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Consumer.--The term ``consumer'' means an individual or
household who acquires goods or services from a home heating
supplier primarily for personal, family, or household purposes.
(2) Depository institution.--The term ``depository
institution'' has the same meaning as in section 19(b)(1)(A) of
the Federal Reserve Act.
(3) Eligible consumer.--The term ``eligible consumer
means'' means any individual or household whose household
income for the last year ending before any receiving any loan
under this section did not exceed an amount equal to 150
percent of the national median household income for such year.
(4) Qualified home heating loan.--The term ``qualified home
heating loan'' means an unsecured consumer loan to an eligible
consumer that is made for the sole purpose of paying a home
heating supplier for home heating supplies delivered by such
supplier (or to be delivered), or repairs made by the supplier
to broken home heating equipment or leaking or frozen lines,
during the 2008-2009 home heating season.
(5) Home heating supplier.--The term ``home heating
supplier'' means a business engaged in retail distribution of
heating oil, propane, or natural gas to consumers.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(b) Loan Guarantees Authorized.--Subject to the requirements of
this section and to the extent and in such amounts as are provided in
advance in appropriation Acts, the Secretary may guarantee qualified
home heating loans made by depository institutions during the 2008-2009
home heating season when the Secretary determines that such action is
necessary to minimize disruptions in the supply and distribution of
home heating resources due to the inability of customers of the
suppliers to pay for home heating supplies delivered by such supplier
or repairs made by the supplier to broken home heating equipment or
leaking or frozen lines.
(c) Terms and Conditions.--
(1) Annual percentage rate.--The interest imposed on any
qualified home heating loan that is guaranteed by the Secretary
under this section shall be at a fixed rate and the annual
percentage rate (as determined in accordance with the Truth in
Lending Act) with respect to such loan may not exceed 5
percent.
(2) Origination fees.--The total amount of loan origination
fees imposed in connection with any qualified home heating loan
that is guaranteed by the Secretary under this section, in
accordance with regulations which the Secretary shall
prescribe, may not exceed an amount equal to 1 percent of the
principal of the loan.
(3) Maximum loan amount.--The amount of any credit extended
under any qualified home heating loan that is guaranteed by the
Secretary under this section may not exceed $5,000.
(4) Repayment period.--Any qualified home heating loan that
is guaranteed by the Secretary under this section shall be
fully amortized under a repayment schedule that requires full
repayment before the end of the 2-year period beginning on the
date the loan is consummated.
(5) Other terms and conditions.--The Secretary may
establish by regulation such additional terms and conditions
that shall apply with regard to qualified home heating loans as
the Secretary may determine to be appropriate.
(d) Provisions Relating to Program.--
(1) Distribution of proceeds.--To accelerate the
distribution of loan proceeds and limit fraud, the Secretary
may require, by regulation, that the proceeds of a qualified
home heating loan to be disbursed directly to a home heating
supplier designated by the consumer, except that the Secretary
may also require that the consumer cosign for any disbursement
of such proceeds when necessary for the protection of
consumers.
(2) Background checks.--The Secretary may take such action
as appropriate, or require such verification by a depository
institution as appropriate, to ascertain--
(A) the character and creditworthiness of a home
heating supplier, including any owner or managing
directors or employees of the supplier, and any
consumer seeking to qualify for a home heating loan;
and
(B) the effectiveness of the consumer operations of
the home heating supplier established to meet the
requirements of the Secretary under paragraph (1).
(3) Overall loan limits.--The Secretary may, by regulation
establish such criteria and requirements, as the Secretary may
determine to be appropriate with respect to--
(A) the total number of loans or the aggregate loan
amounts guaranteed under this section that are made to
customers of any single home heating supplier or by any
depository institution; and
(B) the total number of loans or the aggregate loan
maximum loan amounts guaranteed under this section that
are made to customers of home heating suppliers, or by
depository institutions, operating in a geographical
area or region as the Secretary may prescribe.
(4) Self-certification.--To expedite implementation of the
program, a depository institution may self-certify that any
consumer loan and any consumer meets the eligibility standards
for a qualified home heating loan in order to obtain the
guarantee with respect to a home heating loan to such consumer,
except that any guarantee of such loan shall be subject to a
demonstration by such depository institution that the loan
actually met such eligibility standards if the depository
institution submits a claim to the Secretary with regard to
such guarantee in the event of nonpayment by the consumer.
(e) Enforcement.--The Secretary may exercise any power or authority
of the Secretary arising under any other provision of law, including
section 5318 of title 31, United States Code, to carry out this section
and enforce any provision of this section or any requirement or
obligation arising under this section or any regulation prescribed
under this section. | Home Heating Loan Guarantee Act of 2008 - Authorizes the Secretary of the Treasury to guarantee qualified home heating loans made by depository institutions during the 2008-2009 home heating season if necessary to minimize disruptions in the supply and distribution of home heating resources because of the inability of customers of the suppliers to pay for home heating supplies or repairs made to broken home heating equipment or leaking or frozen lines.
Sets forth terms and conditions governing the loan guarantee, including overall loan limits. | {"src": "billsum_train", "title": "To authorize the Secretary of the Treasury, on an emergency basis, to guarantee loans made by depository institutions during the 2008-2009 heating season to eligible consumers, under certain conditions, for home heating purchases and repairs, and for other purposes."} | 1,694 | 101 | 0.437413 | 1.280915 | 0.708591 | 5.934066 | 18.197802 | 0.945055 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telemarketing Intrusive Practices
Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Caller identification service or device.--The term
``caller identification service or device'' means a telephone
service or device that permits a consumer to see the telephone
number of an incoming call.
(2) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Trade Commission.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Consumer.--The term ``consumer'' means an individual
who is an actual or prospective purchaser, lessee, or recipient
of consumer goods or services.
(5) Consumer goods or services.--The term ``consumer good
or service'' means an article or service that is purchased,
leased, exchanged, or received primarily for personal, family,
or household purposes, including stocks, bonds, mutual funds,
annuities, credit cards, and other financial products.
(6) Marketing or sales solicitation.--
(A) In general.--The term ``marketing or sales
solicitation'' means the initiation of a telephone call
or message to encourage the purchase of, rental of, or
investment in, property, goods, or services, that is
transmitted to a person.
(B) Exception.--The term does not include a call or
message--
(i) to a person with the prior express
invitation or permission of that person;
(ii) by a tax-exempt nonprofit
organization;
(iii) on behalf of a political candidate or
political party; or
(iv) to promote the success or defeat of a
referendum question.
(7) State.--The term ``State'' means each of the several
States of the United States and the District of Columbia.
(8) Telephone sales call.--
(A) In general.--The term ``telephone sales call''
means a call made by a telephone solicitor to a
consumer for the purpose of--
(i) engaging in a marketing or sales
solicitation, including a solicitation for a
new consumer good or service where the consumer
and the telephone solicitor had a prior
relationship;
(ii) soliciting an extension of credit for
consumer goods or services; or
(iii) obtaining information that will or
may be used for the direct marketing or sales
solicitation or exchange of or extension of
credit for consumer goods or services.
(B) Exception.--The term does not include a call
made--
(i) in response to an express request of
the person called; or
(ii) primarily in connection with an
existing debt or contract, payment, or
performance that has not been completed at the
time of the call.
(9) Telephone solicitor.--The term ``telephone solicitor''
means an individual, association, corporation, partnership,
limited partnership, limited liability company or other
business entity, or a subsidiary or affiliate thereof, that
does business in the United States and makes or causes to be
made a telephone sales call.
SEC. 3. FEDERAL TRADE COMMISSION NO CALL LIST.
(a) In General.--The Commission shall--
(1) establish and maintain a list for each State, of
consumers who request not to receive telephone sales calls; and
(2) provide notice to consumers of the establishment of the
lists.
(b) State Contract.--The Commission may contract with a State to
establish and maintain the lists.
(c) Private Contract.--The Commission may contract with a private
vendor to establish and maintain the lists if the private vendor has
maintained a national listing of consumers who request not to receive
telephone sales calls, for not less than 2 years, or is otherwise
determined by the Commission to be qualified.
(d) Consumer Responsibility.--
(1) Inclusion on list.--Except as provided in subsection
(d)(2), a consumer who wishes to be included on a list
established under subsection (a) shall notify the Commission in
such manner as the Chairman may prescribe to maximize the
consumer's opportunity to be included on that list.
(2) Deletion from list.--Information about a consumer shall
be deleted from a list upon the written request of the
consumer.
(e) Update.--The Commission shall--
(1) update the lists maintained by the Commission not less
than quarterly with information the Commission receives from
consumers; and
(2) annually request a no call list from each State that
maintains a no call list and update the lists maintained by the
Commission at that time to ensure that the lists maintained by
the Commission contain the same information contained in the no call
lists maintained by individual States.
(f) Fees.--The Commission may charge a reasonable fee for providing
a list.
(g) Availability.--
(1) In general.--The Commission shall make a list available
only to a telephone solicitor.
(2) Format.--The list shall be made available in printed or
electronic format, or both, at the discretion of the Chairman.
SEC. 4. TELEPHONE SOLICITOR NO CALL LIST.
(a) In General.--A telephone solicitor shall maintain a list of
consumers who request not to receive telephone sales calls from that
particular telephone solicitor.
(b) Procedure.--If a consumer receives a telephone sales call and
requests to be placed on the do not call list of that telephone
solicitor, the solicitor shall--
(1) place the consumer on the no call list of the
solicitor; and
(2) provide the consumer with a confirmation number which
shall provide confirmation of the request of the consumer to be
placed on the no call list of that telephone solicitor.
SEC. 5. TELEPHONE SOLICITATIONS.
(a) Telephone Sales Call.--A telephone solicitor may not make or
cause to be made a telephone sales call to a consumer--
(1) if the name and telephone number of the consumer appear
in the then current quarterly lists made available by the
Commission under section 3;
(2) if the consumer previously requested to be placed on
the do not call list of the telephone solicitor pursuant to
section 4;
(3) to be received between the hours of nine o'clock p.m.
and nine o'clock a.m. and between five o'clock p.m. and seven
o'clock p.m., local time, at the location of the consumer;
(4) in the form of an electronically transmitted facsimile;
or
(5) by use of an automated dialing or recorded message
device.
(b) Caller Identification Device.--A telephone solicitor shall not
knowingly use any method to block or otherwise circumvent the use of a
caller identification service or device by a consumer.
(c) Sale of Consumer Information to Telephone Solicitors.--
(1) In general.--A person who obtains the name, residential
address, or telephone number of a consumer from a published
telephone directory or from any other source and republishes or
compiles that information, electronically or otherwise, and
sells or offers to sell that publication or compilation to a
telephone solicitor for marketing or sales solicitation
purposes, shall exclude from that publication or compilation,
and from the database used to prepare that publication or
compilation, the name, address, and telephone number of a
consumer if the name and telephone number of the consumer
appear in the then current quarterly list made available by the
Commission under section 3.
(2) Exception.--This subsection does not apply to a
publisher of a telephone directory when a consumer is called
for the sole purpose of compiling, publishing, or distributing
a telephone directory intended for use by the general public.
SEC. 6. REGULATIONS.
The Chairman may adopt regulations to carry out this Act that shall
include--
(1) provisions governing the availability and distribution
of the lists established under section 3;
(2) notice requirements for a consumer who requests to be
included on the lists established under section 3; and
(3) a schedule for the payment of fees to be paid by a
person who requests a list made available under section 3.
SEC. 7. CIVIL CAUSE OF ACTION.
(a) Action by Commission.--
(1) Unfair or deceptive trade practice.--A violation of
section 4 or 5 is an unfair or deceptive trade practice under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45).
(2) Cumulative damages.--In a civil action brought by the
Commission under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to recover damages arising from more than one
alleged violation, the damages shall be cumulative.
(b) Private Right of Action.--
(1) In general.--A person or entity may, if otherwise
permitted by the laws or the rules of court of a State, bring
in an appropriate court of that State--
(A) an action based on a violation of section 4, 5,
or 6 to enjoin the violation;
(B) an action to recover for actual monetary loss
from a violation of section 4, 5, or 6, or to receive
$500 in damages for each violation, whichever is
greater; or
(C) an action under paragraphs (1) and (2).
(2) Willful violation.--If the court finds that the
defendant willfully or knowingly violated section 4, 5, or 6,
the court may, in the discretion of the court, increase the
amount of the award to an amount equal to not more than 3 times
the amount available under paragraph (1)(B) of this subsection
and to include reasonable attorney's fees.
SEC. 8. EFFECT ON STATE LAW.
Nothing in this Act shall be construed to prohibit a State from
enacting or enforcing more stringent legislation in the regulation of
telephone solicitors.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out the provisions of this Act. | Telemarketing Intrusive Practices Act of 2003 - Directs the Federal Trade Commission to: (1) establish and maintain for each State a list of consumers who request not to receive telephone sales calls; (2) provide notice to consumers of the establishment of such list; (3) contract with a State to establish and maintain the lists; (4) contract with a private vendor to establish and maintain the lists, if the vendor has maintained a national listing of consumers who request not to receive such calls; and (5) and charge a reasonable fee for providing the list.
Requires a telephone solicitor to maintain a list of consumers who request not to receive telephone sales calls from that particular telephone solicitor.
Prohibits a telephone solicitor from knowingly using any method to block or otherwise circumvent the use of a caller identification service or device by a consumer.
States that a violation of this Act is an unfair or deceptive trade practice of the Federal Trade Commission Act.
Permits a private right of action in State court for an action to enjoin a violation of this Act. | {"src": "billsum_train", "title": "A bill to require the Federal Trade Commission to establish a list of consumers who request not to receive telephone sales calls."} | 2,180 | 232 | 0.565568 | 1.610027 | 0.678759 | 5.676329 | 9.68599 | 0.980676 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Non-Proliferation Policy Act
of 1998''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) The United States has been a leader in seeking to
contain the spread of nuclear weapons technology and materials.
(2) With the end of the Cold War and the breakup of the
Soviet Union, the proliferation of nuclear weapons, especially
in countries in unstable regions, is now one of the leading
military threats to the national security of the United States
and its allies.
(3) The United Nations Security Council declared on January
31, 1992, that ``proliferation of all weapons of mass
destruction constitutes a threat to international peace and
security'' and committed to taking appropriate action to
prevent proliferation from occurring. The establishment of the
United Nations Special Commission on Iraq was an important
precedent to that end.
(4) Aside from the 5 declared nuclear weapon states, a
number of other nations have or are pursuing nuclear weapons
capabilities.
(5) Regional nuclear arms races pose perhaps the most
likely prospect for the future use of nuclear weapons.
(6) Deteriorating conditions at nuclear weapons complex
sites and nuclear bases in Russia have raised concerns about
Russia's ability to track its nuclear materials and account for
its nuclear weapons. This has increased the threat of nuclear
proliferation by creating the possibility that weapons,
materials, equipment, plans, or experts could fall into the
hands of potential proliferators.
(7) Belarus signed the Nuclear Non-Proliferation Treaty, as
a non-nuclear weapon state, on July 23, 1993, Kazakhstan on
February 14, 1994, and Ukraine on December 5, 1994.
(8) Iraq had a substantial, clandestine nuclear weapons
program which went undetected by the International Atomic
Energy Agency (IAEA) inspection process and was greatly
assisted by dual-use exports from western countries, including
the United States.
(9) In October 1994, North Korea and the United States
signed an agreement to exchange North Korea's existing nuclear
reactors and reprocessing equipment for modern light water
reactor technology that is somewhat less suited to making
bombs. However, North Korea's history of pursuing nuclear
weapons capability, and the potential for political and
economic crisis on the peninsula, render North Korea an area
for nuclear proliferation concern.
(10) Brazil and Argentina had substantial programs to build
nuclear weapons and South Africa has admitted developing and
building 6 nuclear weapons, but in response to reduced regional
tensions and other factors, all 3 countries have renounced
nuclear weapons and accepted IAEA safeguards for all of their
nuclear facilities, and all 3 countries have acceded to the
Nuclear Non-Proliferation Treaty as non-nuclear weapon states.
(11) United States security interests and current policy
and practices are consistent with the terms of the South
Pacific Nuclear Free Zone Treaty which, like nuclear weapons
free zones in Latin America, South Asia, the Middle East, and
Africa that the United States supports, can contribute to
efforts to avoid regional conflicts and prevent arms races. In
1996, the United States signed the South Pacific Nuclear Free
Zone Treaty and the African Nuclear Weapons Free Zone Treaty.
(12) The IAEA is a valuable tool to counter proliferation,
and has taken steps to strengthen its safeguard system through
its Strengthened Safeguards System program, but the
effectiveness of its system to safeguard nuclear materials may
be adversely affected by institutional and financial constraints.
(13) The United States supports a policy of immobilizing
some plutonium as an energy source and mixing some with low-
enriched uranium as fuel that can be burned in commercial
nuclear energy reactors.
(14) Plutonium being drawn from dismantled nuclear warheads
creates new challenges of storage and disposal and, if in the
wrong hands, could be converted into fuel for nuclear warheads.
(15) The Nuclear Non-Proliferation Treaty, which codifies
world consensus against further nuclear proliferation, has been
extended indefinitely, and additional steps should be taken to
strengthen the international nuclear nonproliferation regime.
(16) The Nuclear Non-Proliferation Act of 1978 declared
that the United States is committed to continued strong support
for the Nuclear Non-Proliferation Treaty and to a strengthened
and more effective IAEA, and provided that it is United States
policy to establish more effective controls over the transfer
of nuclear equipment, materials, and technology.
(17) The goal of the United States is to end the further
spread of nuclear weapons capability, roll back nuclear
proliferation where it has occurred, and prevent the use of
nuclear weapons anywhere in the world. To that end the United
States should adopt a comprehensive nuclear nonproliferation
policy.
SEC. 3. COMPREHENSIVE NUCLEAR NONPROLIFERATION POLICY.
In order to end nuclear proliferation and reduce current nuclear
arsenals and supplies of weapons-usable nuclear materials, it shall be
the policy of the United States to pursue the following objectives:
(1) Reach a verifiable agreement with the Russian
Federation to place all fissile materials from such weapons
under bilateral or international controls, or both.
(2) Ratify the Comprehensive Nuclear Test Ban Treaty by the
end of calendar year 1998, and press North Korea, India, and
Pakistan to sign that treaty.
(3) Reach a verifiable agreement with the Russian
Federation to end the production of new types of nuclear
warheads.
(4) Begin formal negotiations to reach a verifiable
multilateral agreement to reduce the strategic nuclear arsenals
of the United States and the Russian Federation to within a
range of 2,000 to 2,500 each, with lower levels for the United
Kingdom, France, and the People's Republic of China.
(5) Conclude additional enforceable multilateral agreements
to significantly and continuously reduce the nuclear arsenals
of all countries through a stage-by-stage process.
(6) Reach an immediate multilateral agreement with Nuclear
Nonproliferation Treaty member states to halt permanently the
production of weapons usable fissile materials, and achieve
worldwide agreements to--
(A) end by January 1, 2008, the production of
fissile materials for any purpose;
(B) place existing stockpiles of such materials
under bilateral or international controls; and
(C) require all countries to place all of their
nuclear facilities dedicated to peaceful purposes under
IAEA safeguards.
(7) Strengthen IAEA safeguards to more effectively verify
that countries are complying with their nonproliferation
commitments and provide the IAEA with the political, technical,
and financial support necessary to implement the necessary
safeguard reforms.
(8) Strengthen nuclear and dual-use export controls in the
United States and other nuclear supplier nations, impose
sanctions on individuals, companies, and countries which
contribute to nuclear proliferation, provide increased public
information on nuclear export licenses approved in the United
States, and ratify the model protocol of the IAEA's
Strengthened Safeguards System program.
(9) Reduce incentives for countries to pursue the
acquisition of nuclear weapons by seeking to reduce regional
tensions and to strengthen regional security agreements, and
encourage the United Nations Security Council to increase its
role in enforcing international nuclear nonproliferation
agreements.
(10) Conclude a separate agreement with the other nuclear
weapon states to adopt a policy of ``no first use'' and to
assist immediately any country which is a party to the Nuclear
Non-Proliferation Treaty should the use of nuclear weapons be
initiated against such country.
(11) Conclude a verifiable bilateral agreement with the
Russian Federation under which both countries withdraw from
their arsenals and dismantle all tactical nuclear weapons, and
seek to extend to all nuclear weapon states this zero option
for tactical nuclear weapons.
(12) Ratify the South Pacific Nuclear Free Zone Treaty and
the African Nuclear Weapons Free Zone Treaty.
(13) Continue to monitor North Korea's activities relating
to replacing its nuclear reactors with light water reactors to
ensure that North Korea does not resume its weapons development
program.
(14) Begin formal negotiations on START III between the
United States and the Russian Federation before START II enters
into force.
SEC. 4. REQUIREMENTS FOR IMPLEMENTATION OF POLICY.
Not later than 180 days after the date of the enactment of this
Act, and not later than February 1 of each year thereafter, the
President shall submit to the Congress a report on--
(1) the actions the United States has taken during the
preceding 12-month period and the actions the United States
plans to take during the succeeding 12-month period to
implement each of the policy objectives set forth in this Act;
(2) actions which have been taken by the Russian
Federation, by the other former Soviet republics, and by other
countries and institutions to achieve those policy objectives;
and
(3) obstacles that have been encountered in seeking to
implement those policy objectives.
Each such report shall be submitted in unclassified form, with a
classified appendix if necessary.
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``fissile materials'' means highly enriched
uranium and plutonium;
(2) the term ``highly enriched uranium'' means uranium
enriched to 20 percent or more in the isotope U-235;
(3) the term ``IAEA'' means the International Atomic Energy
Agency;
(4) the term ``IAEA safeguards'' means the safeguards set
forth in an agreement between a country and the IAEA, as
authorized by Article III(A)(5) of the Statute of the
International Atomic Energy Agency;
(5) a policy of ``no first use'' of nuclear weapons means a
commitment not to be the first to use nuclear weapons in a
conflict;
(6) the term ``non-nuclear weapon state'' means any country
that has not acquired nuclear weapons or their components;
(7) the term ``Nuclear Non-Proliferation Treaty'' means the
Treaty on the Non-Proliferation of Nuclear Weapons, signed at
Washington, London, and Moscow on July 1, 1968;
(8) the term ``nuclear weapon state'' means any country
that is a nuclear-weapon state, as defined by Article IX(3) of
the Treaty on the Non-Proliferation of Nuclear Weapons, signed
at Washington, London, and Moscow on July 1, 1968;
(9) the term ``START I treaty'' means the Treaty on the
Reduction of Strategic Offensive Arms, signed by the United
States and the Union of Soviet Socialist Republics on July 31,
1991;
(10) the term ``START II treaty'' means the Treaty on
Further Reductions and Limitations of Strategic Offensive Arms,
signed by the United States and the Russian Federation on
January 3, 1993; and
(11) the term ``START III treaty'' means the Treaty on
Further Reductions and Limitations of Strategic Offensive Arms,
as discussed between President Clinton and President Yeltsin at
the summit meeting held in Helsinki, Finland in March of 1997. | Nuclear Non-Proliferation Policy Act of 1998 - Provides that, in order to end nuclear proliferation and reduce current nuclear arsenals and supplies of weapons-usable nuclear materials, it shall be U.S. policy to pursue certain nuclear nonproliferation objectives, including: (1) reaching a verifiable agreement with the Russian Federation to place all fissile materials from nuclear weapons under bilateral or international controls, or both, and end the production of new types of nuclear warheads; (2) ratifying the Comprehensive Nuclear Test Ban Treaty (calling on North Korea, India, and Pakistan to sign such treaty) and the South Pacific Nuclear Free Zone and the African Nuclear Weapons Free Zone Treaties; (3) beginning formal negotiations to reach a verifiable multilateral agreement to reduce the strategic nuclear arsenals of the United States and the Russian Federation to within specified ranges, with lower levels for the United Kingdom, France, the People's Republic of China, and other countries with nuclear arsenals; (4) reaching an immediate multilateral agreement with Nuclear Nonproliferation Treaty member states to halt permanently the production of weapons usable fissile materials and place existing stockpiles of such materials under bilateral or international controls; (5) strengthening International Atomic Energy Agency safeguards to verify that countries are complying with their nonproliferation commitments; (6) strengthening U.S. nuclear and dual-use export controls; and (7) beginning formal negotiations on START III between the United States and the Russian Federation before START II becomes effective.
Directs the President to report annually to the Congress on implementation of the policy objectives. | {"src": "billsum_train", "title": "Nuclear Non-Proliferation Policy Act of 1998"} | 2,374 | 345 | 0.4855 | 1.4668 | 0.758577 | 5.419795 | 7.682594 | 0.935154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eva M. Clayton Fellows Program
Act''.
SEC. 2. EVA M. CLAYTON FELLOWS PROGRAM.
(a) In General.--Subtitle I of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291 et seq.) is
amended by adding at the end the following new section:
``SEC. 1459B. EVA M. CLAYTON FELLOWS PROGRAM.
``(a) Establishment.--The Secretary shall establish a fellowship
program to be known as the `Eva M. Clayton Fellows Program' to provide
for fellowships to conduct research and education on the eradication of
world hunger and malnutrition in accordance with this section.
``(b) Fellows.--
``(1) In general.--The Secretary shall select eligible
faculty members to receive a fellowship to conduct research or
education programs relating to the eradication of world hunger
and malnutrition (in this section referred to as `Clayton
Fellows').
``(2) Term.--The term of a fellowship awarded under this
subsection shall be two years.
``(3) Location of service.--
``(A) First year of service.--During the first year
of service under a fellowship awarded under this
subsection, each Clayton Fellow shall serve at the
qualified institution at which the Clayton Fellow is a
faculty member.
``(B) Second year of service.--During the second
year of service under a fellowship awarded under this
subsection, each Clayton Fellow--
``(i) may, if a fellowship position is made
available pursuant to subsection (d), serve at
the Food and Agriculture Organization of the
United Nations; or
``(ii) shall, if such position is not made
available, continue to serve as described in
subparagraph (A).
``(C) Travel.--During the term of service under a
fellowship awarded under this subsection, a Clayton
Fellow may travel as necessary to conduct work on the
eradication of world hunger and malnutrition.
``(4) Application.--An eligible faculty member seeking a
fellowship under this subsection shall submit to the Secretary
an application that contains--
``(A) a resume or curriculum vitae that includes
information on the expertise, education, and training
of such faculty member;
``(B) a description of the research or education
programs the faculty member intends to conduct while
serving as a Clayton Fellow;
``(C) a certification that the qualified
institution at which the eligible faculty member is a
faculty member has agreed to maintain the faculty
status, benefits, and faculty position of the eligible
faculty member during and after the return of the
eligible faculty member to the qualified institution
from the fellowship program established under
subsection (a); and
``(D) such other information as the Secretary may
require.
``(5) Selection.--In selecting eligible faculty members to
serve as Clayton Fellows, the Secretary may give priority to
eligible faculty members at land-grant colleges and
universities.
``(6) Report.--Not later than 30 days after the date on
which a Clayton Fellow completes a year of service under a
fellowship awarded under this subsection, each Clayton Fellow
shall submit to the Secretary a report containing--
``(A) a description of the research and education
programs conducted by the Clayton Fellow during the
preceding year of service, including the purpose and
results of such research or education programs;
``(B) a self-assessment of the effectiveness of the
research or education programs conducted by the Clayton
Fellow during such year;
``(C) an evaluation of each Fellow Protege who
provided assistance to the Clayton Fellow during such
year;
``(D) a description of best practices for the
eradication of world hunger and malnutrition and a
proposal to teach such practices at the qualified
institution at which the Clayton Fellow is a faculty
member upon completion of the fellowship awarded under
this subsection; and
``(E) such other information as the Secretary may
require.
``(7) Submission of evaluation to peace corps.--Each
Clayton Fellow shall submit to the Master's International
program of the Peace Corps a copy of the evaluation submitted
to the Secretary under paragraph (6)(C).
``(8) Termination.--The Secretary may terminate a
fellowship awarded under this subsection at any time during the
fellowship.
``(c) Fellow Proteges.--
``(1) In general.--Each Clayton Fellow shall select at
least one eligible student to assist such Clayton Fellow in
conducting research or education programs on the eradication of
world hunger and malnutrition (in this section referred to as a
`Fellow Protege').
``(2) Location of service.--
``(A) In general.--Each Fellow Protege shall
provide assistance to a Clayton Fellow--
``(i) in the country or region that is the
subject of the work of the Clayton Fellow
relating to the eradication of world hunger and
malnutrition; or
``(ii) if the Clayton Fellow is serving at
the Food and Agriculture Organization of the
United Nations, at the Food and Agriculture
Organization.
``(B) Travel.--A Fellow Protege may travel as
necessary to provide assistance to a Clayton Fellow
during the term of assistance of such Protege.
``(3) Application.--Each eligible student seeking to assist
a Clayton Fellow under this subsection shall submit to a
Clayton Fellow an application that contains--
``(A) documentation proving that the student--
``(i) has permission from the Master's
International program of the Peace Corps to
provide assistance to a Clayton Fellow in
accordance with this section; and
``(ii) is eligible to serve as a Fellow
Protege under this subsection, including proof
of enrollment and good academic standing;
``(B) an explanation of how the academic work of
the student relates to the work of the fellowship
program established under subsection (a);
``(C) an academic transcript; and
``(D) such other information as the Clayton Fellow
may require.
``(4) Selection of fellow proteges.--In selecting eligible
students to serve as Fellow Proteges, a Clayton Fellow--
``(A) shall consult with the Secretary; and
``(B) may give priority to students enrolled at
land-grant colleges and universities.
``(5) Report.--Not later than 30 days after the date on
which a Fellow Protege completes a term of assistance under
this subsection, each Fellow Protege shall submit to the
Secretary a report containing--
``(A) a description of the type and extent of the
assistance such Fellow Protege provided to a Clayton
Fellow in conducting research or education programs on
the eradication of world hunger and malnutrition during
the preceding term of assistance as a Fellow Protege;
``(B) a self-assessment of the effectiveness of
such assistance;
``(C) an evaluation of the Clayton Fellow for whom
the Fellow Protege provided such assistance;
``(D) a description of best practices identified by
such Fellow Protege for the eradication of world hunger
and malnutrition; and
``(E) such other information as the Secretary may
require.
``(6) Termination.--A Clayton Fellow may terminate the term
of assistance of a Fellow Protege at any time during such term
of assistance.
``(d) United Nations Food and Agriculture Organization.--
``(1) Establishment of fellowship positions.--The President
shall direct the United States Permanent Representative to the
United Nations to use the voice, vote, and influence of the
United States at the United Nations to urge the United Nations
to establish within the Food and Agriculture Organization of
the United Nations fellowship positions for Clayton Fellows to
conduct research and education programs on the eradication of
world hunger and malnutrition.
``(2) Consultation.--Upon the establishment of a fellowship
position under paragraph (1), the Secretary shall consult with
the Food and Agriculture Organization of the United Nations
with respect to the selection of Clayton Fellows.
``(e) Administration.--
``(1) In general.--The Secretary shall award a grant to
administer and implement the fellowship program established
under subsection (a) to a nonprofit organization that--
``(A) represents or is comprised of individuals
associated with an institution of higher education
specified in section 371(a) of the Higher Education Act
of 1965 (20 U.S.C. 1067q(a)); and
``(B) is an organization described in paragraph (3)
of section 501(c) of the Internal Revenue Code of 1986
and exempt from tax under such section.
``(2) Use of funds.--The organization awarded a grant under
paragraph (1) may use grant funds only for the following
purposes:
``(A) To provide for each Clayton Fellow and each
Fellow Protege payment for expenses related to
conducting work on the eradication of world hunger and
malnutrition under the fellowship established under
subsection (a), including--
``(i) housing or accommodations; and
``(ii) travel.
``(B) To provide on behalf of each Fellow Protege
at the end of the term of assistance of such Protege in
an amount that is proportionate to such term of
assistance--
``(i) scholarship assistance in the form of
a direct lump-sum payment to the qualified
institution at which such Protege is enrolled;
or
``(ii) if such Protege graduates from the
qualified institution upon completion of the
term of assistance as a Fellow Protege, loan
repayment assistance for loans made, insured,
or guaranteed under part B, or made under part
D or E, of the Higher Education Act of 1965 (20
U.S.C. 1071 et seq., 1087a et seq., 1087aa et
seq.) for which such Protege is the borrower,
in the form of a direct lump-sum payment--
``(I) in the case of a loan made,
insured, or guaranteed under part B of
such Act, to the holder of the loan;
``(II) in the case of a loan made
under part D of such Act, to the
Secretary of Education; and
``(III) in the case of a loan made
under part E of such Act, to the
institution of higher education making
such loan.
``(C) To pay the costs of administering the
fellowship program established under subsection (a).
``(3) Annual assessment.--
``(A) Annual assessment.--The organization awarded
a grant under paragraph (1) or this paragraph shall
annually submit to the Secretary an assessment of the
fellowship program established under subsection (a)
that contains--
``(i) a description of the use of the funds
received by the organization under this section
during the preceding year of such fellowship
program;
``(ii) an assessment by the organization of
the effectiveness of the activities carried out
using such funds;
``(iii) information regarding the
application of any funds provided by non-
Federal sources during such year;
``(iv) a description of the best practices
identified by the organization for future
fellowship programs to be carried out by the
Secretary; and
``(v) such other information as the
Secretary may require.
``(B) In general.--If after reviewing the annual
assessment described in subparagraph (A), the Secretary
determines that the organization awarded a grant under
paragraph (1) or this paragraph did not administer and
implement the fellowship program established under
subsection (a) in accordance with this section, the
Secretary may--
``(i) revoke or suspend funding for such
grant, in whole or in part;
``(ii) accept applications from other
eligible entities to administer and implement
the fellowship program established under
subsection (a); and
``(iii) transfer funding revoked or
suspended under clause (i) to the eligible
entity the Secretary selects after reviewing
applications submitted under clause (ii).
``(f) Definitions.--In this section:
``(1) Eligible faculty member.--The term `eligible faculty
member' means an individual who is a faculty member of a
qualified institution.
``(2) Eligible student.--The term `eligible student' is a
student who is--
``(A) enrolled in the Master's International
program of the Peace Corps;
``(B) enrolled and in good academic standing at a
qualified institution; and
``(C) pursuing a master's or other graduate degree
in an area of study related to the eradication of world
hunger and malnutrition.
``(3) Qualified institution.--The term `qualified
institution' means--
``(A) an institution of higher education specified
in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)); or
``(B) a land-grant college or university.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2012 through 2018.''.
(b) Submission of Initial Assessment.--The first assessment
required under subsection (f) of section 1459B of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (as
added by subsection (a) of this section) shall be submitted not later
than 30 days after the date on which the first year of service of the
first fellowship awarded under such section ends (as determined by the
Secretary of Agriculture). | Eva M. Clayton Fellows Program Act - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to require the Secretary of Agriculture (USDA) to establish the Eva M. Clayton Fellows Program to provide for fellowships to conduct research and education on the eradication of world hunger and malnutrition.
Requires the President to use U.S. influence at the United Nations (U.N.) to urge the creation within the Food and Agriculture Organization of fellowship positions for Clayton Fellows to conduct research and education programs on the eradication of world hunger and malnutrition. | {"src": "billsum_train", "title": "To direct the Secretary of Agriculture to establish the Eva M. Clayton Fellows Program to provide for fellowships to conduct research and education on the eradication of world hunger and malnutrition, and for other purposes."} | 3,026 | 130 | 0.673272 | 1.896158 | 0.586944 | 5.04902 | 27.598039 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Welfare Fairness Act''.
SEC. 2. FINDINGS.
The Congress find that--
(1) the Wisconsin State Legislature has passed legislation
calling upon the Congress of the United States to provide for
Federal establishment of benefit levels for aid to families
with dependent children (AFDC);
(2) the current variation in benefit levels from State to
State has discouraged families receiving AFDC from remaining in
their home communities, although it is generally in the best
interest of all citizens to live close to their families,
friends, and support networks, and where job opportunities
exist, and decisions on where to live should not be complicated
by the level of AFDC benefits;
(3) under the current system, taxpayers in States are
paying differing amounts, with some States providing
comparatively more in AFDC benefits while others are paying
well beneath the level of poverty; and
(4) because poverty does not know State boundaries, and
because of the current disparities in the system for both
taxpayers and AFDC recipients, uniform AFDC benefits should be
determined federally.
SEC. 3. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on Welfare Fairness'' (in this Act referred to as the ``Commission'').
SEC. 4. DUTIES OF COMMISSION.
Within 1 year after the first date there are 8 members of the
Commission, the Commission shall, in consultation with State officials
responsible for the administration of State programs of aid to families
with dependent children--
(1) establish a uniform standard of need for recipients of
aid to families with dependent children under a State plan
approved under part A of title IV of the Social Security Act;
(2) devise a formula for adjusting the uniform standard of
need, on an annual basis, for differences among the States in
the cost of living for low income persons; and
(3) devise a method of adjusting the uniform standard of
need to offset any other documented incentive for interstate
migration by persons seeking a higher level of benefits under
the program of aid to families with dependent children.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members appointed by the President, in consultation with the Secretary
of Health and Human Services and with State officials responsible for
the administration of State programs of aid to families with dependent
children, and by and with the advice and consent of the Senate, not
later than June 1, 1995.
(b) Qualifications.--
(1) Individual qualifications.--Each member of the
Commission shall--
(A) have experience in the delivery of social
services; or
(B) represent advocacy groups that work for the
interests of lower income individuals.
(2) Group qualification.--The members of the Commission, as
a whole, shall represent the various regions of the United
States.
(c) Staggered Terms of Office.--
(1) In general.--Each Commission member shall be appointed
for a term of 6 years, except as provided in paragraphs (2) and
(3).
(2) Terms of initial appointees.--As designated by the
President at the time of appointment, of the members first
appointed--
(A) 5 shall be appointed for terms of 2 years; and
(B) 5 shall be appointed for terms of 4 years.
(3) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(d) Compensation.--The members of the Commission shall not receive
compensation by reason of their service on the Commission, except
travel expenses, including per diem in lieu of subsistence, in
accordance with sections 5702 and 5703 of title 5, United States Code.
(e) Quorum.--8 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(f) Chairperson; Vice Chairperson.--The Chairperson and Vice
Chairperson of the Commission shall be elected by the members.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Commission may, with the
approval of the Commission, and without regard to section 5311(b) of
title 5, United States Code, appoint and fix the pay of a director and
such additional personnel as may be necessary to enable the Commission
to perform its duties, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay payable for level
V of the Executive Schedule.
(b) Staff.--The Chairperson of the Commission may, without regard
to section 5311(b) of title 5, United States Code, appoint and fix the
pay of such additional personnel as may be necessary to enable the
Commission to perform its duties, except that an individual so
appointed may not receive pay in excess of the annual rate of basic pay
payable for level V of the Executive Schedule.
(c) Experts and Consultants.--The Chairperson may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay payable for level V of the
Executive Schedule.
(d) Staff of Federal Agencies.--Upon request of the Chairperson,
the head of any Federal department or agency may detail to the
Commission, without reimbursement, any personnel of the department or
agency to assist the Commission in carrying out the duties of the
Commission.
SEC. 7. POWERS OF COMMISSION.
(a) Hearings and Sessions.--
(1) In general.--Subject to paragraph (2), the Commission
may, for the purpose of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and receive
evidence as the Commission considers appropriate.
(2) Broad public participation.--The Commission shall
conduct hearings in various areas of the United States,
including inner cities, suburbs, and rural areas, to gather a
broad spectrum of information on the issues to be addressed by
the Commission. All interested persons shall be afforded an
opportunity to testify at such hearings.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States such information as
the Commission considers necessary to carry out this Act. Upon request
of the Chairperson, the head of that department or agency shall furnish
such information to the Commission, to the extent not otherwise
prohibited by law.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 8. ANNUAL REPORTS.
(a) First Report.--Upon the establishment of a uniform standard of
need and a formula and method for adjusting the uniform standard of
need under section 4, the Commission shall submit to the President, the
Secretary of Health and Human Services, the Committee on Ways and Means
of the House of Representatives, and the Committee on Finance of the
Senate a report on the uniform standard of need, and the formula and
method for adjusting the uniform standard of need.
(b) Subsequent Reports.--On each anniversary of the date the report
required by subsection (a) is submitted, the Commission shall submit to
the President, the Secretary of Health and Human Services, the
Committee on Ways and Means of the House of Representatives, and the
Committee on Finance of the Senate a report that reviews the success of
the establishment of a uniform standard of need in curbing interstate
migration for the purposes of seeking greater payments of aid to
families with dependent children under State plans approved under part
A of title IV of the Social Security Act.
SEC. 9. TERMINATION.
(a) In General.--The Commission shall terminate 6 years after the
first date there are 8 members of the Commission.
(b) Inapplicability of Termination Provision of the Federal
Advisory Committee Act.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act shall not apply to the Commission.
SEC. 10. CONFORMING AMENDMENTS.
(a) In General.--Section 402(a) of the Social Security Act (42
U.S.C. 602(a)) is amended--
(1) by striking ``and'' at the end of paragraph (44);
(2) by striking the period at the end of paragraph (45) and
inserting a semicolon; and
(3) by inserting after paragraph (45) the following:
``(46) provide that the State's standard of need for a
family shall be--
``(A) during the life of the Commission on Welfare
Fairness, the uniform standard of need determined for a
family of the same size by the Commission on Welfare
Fairness under section 4 of the Welfare Fairness Act,
adjusted by the Commission (as appropriate) in
accordance with the formula and method established
under such section; and
``(B) after the termination of the Commission, the
uniform standard of need referred to in subparagraph
(A) of this paragraph, adjusted by the Secretary (as
appropriate) in accordance with the formula and method
established under such section; and
``(47) provide that, in determining the amount of aid
payable to a family under the State plan, the State may not
apply any rule not expressly provided in Federal law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to payments under part A of title IV of the Social Security Act
for calendar quarters ending after the date the Commission establishes
a uniform standard of need, and a formula and method for adjusting the
uniform standard of need, under section 3 of this Act. | Welfare Fairness Act - Establishes the Commission on Welfare Fairness to establish a uniform standard of need for recipients of Aid to Families with Dependent Children (AFDC) under part A of title IV of the Social Security Act, and provide for appropriate adjustments to such standard. | {"src": "billsum_train", "title": "Welfare Fairness Act"} | 2,208 | 60 | 0.533295 | 1.418432 | 1.105619 | 5.76 | 41.02 | 0.96 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Separated Families Act of
2013''.
SEC. 2. IMMIGRATION STATUS ALONE NOT A DISQUALIFICATION FROM BEING A
PLACEMENT FOR A FOSTER CHILD.
Section 471(a)(19) of the Social Security Act (42 U.S.C.
671(a)(19)) is amended--
(1) by striking ``(19) provides that the State'' and
inserting the following:
``(19) provides that--
``(A) the State''; and
(2) by adding after and below the end the following:
``(B) such standards shall ensure that the
immigration status alone of a parent, legal guardian,
or relative shall not disqualify the parent, legal
guardian, or relative from being a placement for a
child;''.
SEC. 3. STATE PLAN REQUIREMENT TO ACCEPT CERTAIN DOCUMENTS ISSUED BY
FOREIGN ENTITIES AS SUFFICIENT IDENTIFICATION FOR
PURPOSES OF INITIATING A CRIMINAL RECORDS CHECK OR A
FINGERPRINT-BASED CHECK.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A), by inserting ``which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check,'' before
``including procedures''; and
(2) in subparagraph (C), by inserting ``, which procedures
shall require the State (including the State agency, the child
welfare agency of any county or other political subdivision of
the State, and caseworkers and supervisors of any such agency)
to accept a foreign consulate identification card, a foreign
passport, or such other foreign identification document as may
be allowed in regulations prescribed by the Secretary, as
sufficient identification for purposes of initiating a criminal
records check or a fingerprint-based check'' before the
semicolon.
SEC. 4. STATE PLAN REQUIREMENT TO NOTIFY RELATIVES SEEKING PLACEMENT OF
A CHILD THAT THEIR IMMIGRATION STATUS WILL NOT BE
QUESTIONED.
Section 471(a)(29) of the Social Security Act (42 U.S.C.
671(a)(29)) is amended--
(1) by striking ``and'' at the end of subparagraph (C);
(2) by adding ``and'' at the end of subparagraph (D); and
(3) by adding at the end the following:
``(E) the immigration status of any such relative
seeking placement of the child with the relative shall
not be questioned, except to the extent necessary in
determining eligibility for relevant services or
programs;''.
SEC. 5. AUTHORIZE STATE DISCRETION TO DELAY FILING FOR TERMINATION OF
PARENTAL RIGHTS IN FOSTER CARE CASES IN WHICH OTHERWISE
FIT AND WILLING PARENT OR RELATIVE HAS BEEN REMOVED OR IS
INVOLVED IN AN IMMIGRATION PROCEEDING, UNLESS CERTAIN
CONDITIONS HAVE BEEN MET.
Section 475(5)(E) of the Social Security Act (42 U.S.C. 675(5)(E))
is amended by striking ``; or'' and inserting the following: ``and a
compelling reason in section 475(5)(E) for the State to not file (or
join in the filing of such a petition) shall include the removal of the
parent from the United States or the involvement of the parent in
(including detention pursuant to) an immigration proceeding, unless the
parent is unfit or unwilling to be a parent of the child. Before a
State may file to terminate the parental rights under such section
475(5)(E), the State (or the county or other political subdivision of
the State, as the case may be) shall make reasonable efforts--''
``(I) to identify, locate, and
contact (including, if appropriate,
through the diplomatic or consular
offices of the country to which the
parent was removed or a parent or
relative resides) any parent of the
child, who has been removed from the
United States, and where possible, any
potential adult relative of the child
(as described in section 471(a)(29));
``(II) to notify such a parent or
relative of the intent of the State (or
the county or other political
subdivision of the State, as
applicable) to file (or join in the
filing of) such a petition;
``(III) to reunify the child with
any such parent or relative; and
``(IV) provide and document
appropriate services to the parent or
relative; or''.
SEC. 6. REQUIREMENT OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO
PROVIDE GUIDANCE ON BEST PRACTICES FOR ESTABLISHING
MEMORANDUM OF UNDERSTANDING OR AGREEMENTS WITH FOREIGN
CONSULATES IN JUVENILE COURT CASES INVOLVING IMMIGRANT
CHILDREN OR CHILDREN OF IMMIGRANTS IN FOSTER CARE AND FOR
OTHER PURPOSES.
The Secretary of Health and Human Services, in consultation with
the Secretary of Homeland Security, the Secretary of State, and
immigration, international law, and child welfare experts, shall
develop and disseminate to State, county, and local child welfare
agencies best practice guidance that takes into account the best
interest of the child, including a preference for family unity whenever
appropriate, on the following:
(1) Establishing memoranda of understanding or agreements
with foreign consulates in juvenile and family court cases,
including procedures for contacting a consulate and protections
affording foreign nationals the right to refuse contact with,
or the sharing of personal or identifying information with, the
government of their country of origin.
(2) Facilitating collection of children's necessary legal
documents prior to reunification with a parent, legal guardian,
or relative caregiver abroad, including but not limited to
passports and apostilled birth certificates, health, and school
records.
(3) Locating and notifying a detained parent, legal
guardian, or appropriate relative caregiver, and assisting in
family reunification efforts prior to or after a parent's
removal.
(4) Aiding the safe transfer of a child to the parent's,
legal guardian's, or relative caregiver's country of residence.
(5) Communicating with relevant departments and service
providers in a parent's, legal guardian's, or relative
caregiver's country of origin to arrange necessary placement
and reunification services, including but not limited to home
studies, background checks, and collection of necessary legal
documents.
(6) Assisting a detained or deported parent, legal
guardian, or relative caregiver in meeting child welfare case
plan requirements, facilitating their participation in family
court hearings, and arranging supervised visitations within the
United States, abroad, and at border facilities when
appropriate.
SEC. 7. CHILD WELFARE SERVICES FOR CHILDREN SEPARATED FROM PARENTS
DETAINED OR REMOVED FROM THE UNITED STATES FOR
IMMIGRATION VIOLATIONS.
(a) State Plan Requirements.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) by striking ``and'' at the end of paragraph (32);
(2) by striking the period at the end of paragraph (33) and
inserting ``; and''; and
(3) by adding at the end the following:
``(34) provides that the State shall--
``(A) ensure that the case manager for a separated
child is capable of communicating in the native
language of such child and of the family of such child,
or an interpreter who is so capable is provided to
communicate with such child and the family of such
child at no cost to the child or the family of such
child;
``(B) coordinate with the Department of Homeland
Security to make every effort to ensure that parents
who wish for their child to accompany them to their
country of origin are given adequate time and
assistance to obtain a passport and visa, and to
collect all relevant vital documents such as birth
certificate, health, and educational records, and other
information;
``(C) preserve, to the greatest extent possible,
the privacy and confidentiality of all information
gathered in the course of administering the care,
custody, and placement of, and follow-up services
provided to, a separated child, consistent with the
best interest of such child, by not disclosing such
information to other government agencies or persons
(other than a parent, legal guardian, or relative
caregiver or such child), except that the head of the
State agency (or the county or other political
subdivision of the State, as applicable) may disclose
such information, after placing a written record of the
disclosure in the file of the child--
``(i) to a consular official for the
purpose of reunification of a child with a
parent, legal guardian, or relative caregiver
who has been removed or is involved in an
immigration proceeding, unless the child has
refused contact with, or the sharing of
personal or identifying information with, the
government of their country of origin;
``(ii) when authorized to do so by the
child (if the child has attained 18 years of
age) if the disclosure is consistent with the
best interest of the child; or
``(iii) to a law enforcement agency if the
disclosure would prevent imminent and serious
harm to another individual; and
``(D) not less frequently than annually, compile,
update, and publish a list of entities in the State
that are qualified to provide legal representation
services for a separated child, in a language such that
a child can read and understand.''.
(b) Additional Information To Be Included in Case Plan.--Section
475(1) of such Act (42 U.S.C. 675(1)) is amended by adding at the end
the following:
``(H) In the case of a separated child with respect
to whom the State plan requires the State to provide
services pursuant to section 16 471(a)(34)--
``(i) the location of the parent or legal
guardian referred to in paragraph (9)(A) of
this subsection from whom the child has been
separated; and
``(ii) a written record of each disclosure
to a government agency or person (other than
such a parent or legal guardian) of information
gathered in the course of tracking the care,
custody, and placement of, and follow-up
services provided to, the child.''.
(c) Separated Child Defined.--Section 475 of such Act (42 U.S.C.
675) is amended by adding at the end the following:
``(9) The term `separated child' means an individual who--
``(A) has a parent or legal guardian who has been
detained by a Federal, State, or local law enforcement
agency in the enforcement of an immigration law, or
removed from the United States as a result of a
violation of such a law; and
``(B) is in the care or supervision of a State.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the first calendar quarter that begins after
the 1-year period that begins with the date of the enactment of this
Act.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act, the
amendments made by this Act shall take effect on the first day of the
first fiscal year beginning on or after the date of the enactment of
this Act, and shall apply to payments under part E of title IV of the
Social Security Act for calendar quarters beginning on or after such
date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan approved under part E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the first day of the
first calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. For purposes of the preceding sentence, if the State has a 2-year
legislative session, each year of the session is deemed to be a
separate regular session of the State legislature. | Help Separated Families Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to: (1) require state child protection standards to ensure that the immigration status alone of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from being a placement for a child; and (2) require the state procedures for criminal records checks to require the state to accept foreign identification documents as sufficient identification for purposes of initiating a criminal records check or a fingerprint-based check. Requires the state plan for foster care and adoption assistance to notify relatives seeking placement of a child that their immigration status will not be questioned, except to the extent necessary in determining eligibility for relevant services or programs. Includes as a compelling reason for a state not to file for termination of parental rights in foster care cases the removal of an otherwise fit and willing parent from the United States or the parent's involvement in an immigration proceeding (including detention). Requires a state (or local agency), before filing to terminate parental rights, to make reasonable efforts to notify any parent of the child who has been removed from the United States, and any adult relative of the child, including through the diplomatic or consular offices of the country to which the parent was removed, and to reunify the child with any such parent or relative. Directs the Secretary of Health and Human Services (HHS) to develop and disseminate to state, county, and local child welfare agencies best practice guidance on specified activities that takes into account the best interest of the child, including a preference for family unity whenever appropriate. Requires a state plan for foster care and adoption assistance to require the state to: (1) ensure that the case manager for a separated child is capable of communicating in the native language of the child and the family, or that an interpreter is provided at no cost; (2) coordinate with the Department of Homeland Security (DHS) to make every effort to ensure that parents who wish for their child to accompany them to their country of origin are given adequate time and assistance to obtain a passport, visa, and all relevant documents and other information; and (3) preserve the privacy and confidentiality of certain information in specified ways. | {"src": "billsum_train", "title": "Help Separated Families Act of 2013"} | 2,967 | 488 | 0.616781 | 2.076168 | 0.792878 | 4.849438 | 5.766292 | 0.970787 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Personal Information Privacy Act of
2003''.
SEC. 2. CONFIDENTIAL TREATMENT OF CREDIT HEADER INFORMATION.
Section 603(d)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681a(d)(1)) is amended by inserting after subparagraph (C) the
following new sentence:
``The term also includes any other identifying information
of the consumer, except the name, address, and telephone number
of the consumer if listed in a residential telephone directory
available in the locality of the consumer.''.
SEC. 3. PROTECTING PRIVACY BY PROHIBITING USE OF THE SOCIAL SECURITY
NUMBER FOR COMMERCIAL PURPOSES WITHOUT CONSENT.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by adding at the end the following:
``prohibition of certain misuses of the social security account number
``Sec. 1150A. (a) Prohibition of Commercial Acquisition or
Distribution.--No person may buy, sell, offer for sale, take or give in
exchange, or pledge or give in pledge any information for the purpose,
in whole or in part, of conveying by means of such information any
individual's social security account number, or any derivative of such
number, without the written consent of such individual.
``(b) Prohibition of Use as Personal Identification Number.--No
person may utilize any individual's social security account number, or
any derivative of such number, for purposes of identification of such
individual without the written consent of such individual.
``(c) Prerequisites for Consent.--In order for consent to exist
under subsection (a) or (b), the person engaged in, or seeking to
engage in, an activity described in such subsection shall--
``(1) inform the individual of all the purposes for which
the number will be utilized and the persons to whom the number
will be known; and
``(2) obtain affirmatively expressed consent in writing.
``(d) Exceptions.--Nothing in this section shall be construed to
prohibit any use of social security account numbers permitted or
required under section 205(c)(2) of this Act, section 7(a)(2) of the
Privacy Act of 1974 (5 U.S.C. 552a note; 88 Stat. 1909), or section
6109(d) of the Internal Revenue Code of 1986.
``(e) Civil Action in United States District Court; Damages;
Attorneys Fees and Costs; Nonexclusive Nature of Remedy.--
``(1) In general.--Any individual aggrieved by any act of
any person in violation of this section may bring a civil
action in a United States district court to recover--
``(A) such preliminary and equitable relief as the
court determines to be appropriate; and
``(B) the greater of--
``(i) actual damages; and
``(ii) liquidated damages of $25,000 or, in
the case of a violation that was willful and
resulted in profit or monetary gain, $50,000.
``(2) Attorney's fees and costs.--In the case of a civil
action brought under paragraph (1) in which the aggrieved
individual has substantially prevailed, the court may assess
against the respondent a reasonable attorney's fee and other
litigation costs and expenses (including expert fees)
reasonably incurred.
``(3) Statute of limitations.--No action may be commenced
under this subsection more than 3 years after the date on which
the violation was or should reasonably have been discovered by
the aggrieved individual.
``(4) Nonexclusive remedy.--The remedy provided under this
subsection shall be in addition to any other lawful remedy
available to the individual.
``(f) Civil Money Penalties.--
``(1) In general.--Any person who the Commissioner of
Social Security determines has violated this section shall be
subject, in addition to any other penalties that may be
prescribed by law, to--
``(A) a civil money penalty of not more than
$25,000 for each such violation, and
``(B) a civil money penalty of not more than
$500,000, if violations have occurred with such
frequency as to constitute a general business practice.
``(2) Determination of violations.--Any violation committed
contemporaneously with respect to the social security account
numbers of 2 or more individuals by means of mail,
telecommunication, or otherwise shall be treated as a separate
violation with respect to each such individual.
``(3) Enforcement procedures.--The provisions of section
1128A (other than subsections (a), (b), (f), (h), (i), (j), and
(m), and the first sentence of subsection (c)) and the
provisions of subsections (d) and (e) of section 205 shall
apply to civil money penalties under this subsection in the
same manner as such provisions apply to a penalty or proceeding
under section 1128A(a), except that, for purposes of this
paragraph, any reference in section 1128A to the Secretary shall be
deemed a reference to the Commissioner of Social Security.
``(4) Coordination with criminal enforcement.--The
Commissioner of Social Security shall take such actions as are
necessary and appropriate to assure proper coordination of the
enforcement of the provisions of this section with criminal
enforcement under section 1028 of title 18, United States Code
(relating to fraud and related activity in connection with
identification documents). The Commissioner shall enter into
cooperative arrangements with the Federal Trade Commission
under section 5 of the Identity Theft and Assumption Deterrence
Act of 1998 for purposes of achieving such coordination.
``(g) Regulation by States.--Nothing in this section shall be
construed to prohibit any State authority from enacting or enforcing
laws consistent with this section for the protection of privacy.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to violations occurring on and after the date which is 2
years after the date of enactment of this Act.
(c) Unfair or Deceptive Act or Practice.--Any person who refuses to
do business with an individual because the individual will not consent
to that person receiving the social security number of such individual
shall be considered to have committed an unfair or deceptive act or
practice in violation of section 5 of the Federal Trade Commission Act
(15 U.S.C. 45). Action may be taken under such section 5 against such a
person.
SEC. 4. REPEAL OF CERTAIN PROVISIONS RELATING TO DISTRIBUTION OF
CONSUMER REPORTS IN CONNECTION WITH CERTAIN TRANSACTIONS
NOT INITIATED BY THE CONSUMER.
(a) In General.--Paragraph (1) of section 604(c) of the Fair Credit
Reporting Act (15 U.S.C. 1681b(c)) is amended by striking ``any credit
or insurance transaction that is not initiated by the consumer only
if--'' and all that follows through the end of such paragraph and
inserting ``any credit or insurance transaction that is not initiated
by the consumer only if the consumer provides express written
authorization, in accordance with paragraph (2), to the agency to
provide such report in connection with any such transaction.''
(b) Full Disclosure Required.--Paragraph (2) of section 604(c) of
the Fair Credit Reporting Act (15 U.S.C. 1681b(c)) is amended to read
as follows:
``(2) Full disclosure required.--
``(A) In general.--No authorization referred to in
paragraph (1) with respect to any consumer shall be
effective unless the consumer receives a notice before
such authorization is provided which fully and fairly
discloses, in accordance with regulations which the
Federal Trade Commission and the Board of Governors of
the Federal Reserve System shall jointly prescribe,
what specifically is being authorized by the consumer
and the potential positive and negative effects the
provision of such authorization will have on the
consumer.
``(B) Form of notice.--The regulations prescribed
pursuant to subparagraph (A) shall require that the
notice required under such subparagraph--
``(i) be prominently displayed on a
document which is separate from any other
document; or
``(ii) if the notice appears on a document
with other information, be placed in a clear
and conspicuous location on such document and
appear in type face which is more conspicuous
than the type face used for any other
information on such document.''.
(c) Technical and Conforming Amendment.--Subsection (e) of section
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended to
read as follows:
``(e) [Repealed]''.
SEC. 5. SALE OR TRANSFER OF TRANSACTION OR EXPERIENCE INFORMATION
PROHIBITED.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding at the end the following new section:
``Sec. 627. Transaction or experience information
``(a) In General.--No person doing business with a consumer may
sell, transfer, or otherwise provide to any other person, for the
purpose of marketing such information to any other person, any
transaction or experience information without the consumer's express
written consent.
``(b) Transaction or Experience Information Defined.--For purposes
of this section, the term `transaction or experience information' means
any information identifying the content or subject of 1 or more
transactions between the consumer and a person doing business with a
consumer, including any component part of any transaction, any brand
name involved, or any quantity or category of merchandise involved in
any part of the transaction.
``(c) Exceptions.--Subsection (a) shall not apply with respect to
the following:
``(1) Communication of transaction or experience
information solely among persons related by common ownership or
affiliated by corporate control.
``(2) Information provided pursuant to the order of a court
having jurisdiction to issue such order or pursuant to a
subpoena issued in connection with proceedings before a Federal
grand jury.
``(3) Information provided in connection with the licensing
or registration by a government agency or department, or any
transfer of such license or registration, of any personal
property bought, sold, or transferred by the consumer.
``(4) Information required to be provided in connection
with any transaction in real estate.
``(5) Information required to be provided in connection
with perfecting a security interest in personal property.
``(6) Information relating to the amount of any transaction
or any credit extended in connection with a transaction with a
consumer.''.
(b) Technical and Conforming Amendment.--Section 603(d)(2)(A) is
amended by striking ``(A)
any--'' and inserting ``(A) subject to section 627,
any--''.
(c) Clerical Amendment.--The table of sections for the Fair Credit
Reporting Act is amended by adding at the end the following new item:
``627. Transaction or experience information.''. | Personal Information Privacy Act of 2003 - Amends the Fair Credit Reporting Act to redefine the term "consumer report" to exclude identifying information listed in a local telephone directory (thereby ensuring that the personal identification information in the credit headers accompanying credit reports of unlisted individuals remains confidential).Amends part A (General Provisions) of title XI of the Social Security Act to prohibit the commercial acquisition or distribution of an individual's social security number (or any derivative of it), as well as its use as a personal identification number, without the individual's written consent. Provides for: (1) civil money penalties and civil action in U.S. District Court by an aggrieved individual; and (2) coordination with criminal enforcement of identification document fraud.Amends the Fair Credit Reporting Act to prohibit a consumer reporting agency from providing a report in connection with a credit or insurance transaction not initiated by the consumer without the consumer's written consent. Requires full consumer disclosure before such consent shall be effective.Prohibits, with specified exceptions, a person doing business with a consumer from selling or transferring for marketing purposes any transaction or experience information (as defined by this Act) without the consumer's written consent. | {"src": "billsum_train", "title": "To protect the privacy of the individual with respect to the Social Security number and other personal information, and for other purposes."} | 2,513 | 270 | 0.569596 | 1.659273 | 0.814793 | 2.4 | 9.92 | 0.88 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening the Ownership of
Private Property Act of 2005'' or the ``STOPP Act of 2005''.
SEC. 2. CONDITIONS OF FINANCIAL ASSISTANCE UNDER FEDERAL ECONOMIC
DEVELOPMENT PROGRAMS.
(a) Prohibition of Assistance.--
(1) Prohibition.--If, after the date of the enactment of
this Act, an entity using the power of a State engages in any
conduct described in subsection (b), no officer or employee of
the Federal Government having responsibility over Federal
financial assistance under any Federal economic development
program shall make such assistance available to the relevant
entity during the period described in paragraph (3).
(2) Entity to which assistance is prohibited.--In this
subsection, the term ``relevant entity'' means--
(A) the entity engaging in the conduct described in
subsection (b), if that entity is a State or a unit of
general local government of a State; and
(B) the State or unit of general local government
that gave authority for the entity to engage in that
conduct, in any other case.
(3) Duration of prohibition.--The period referred to in
paragraph (1) is the period that begins on the date the officer
or employee of the Federal Government having responsibility
over Federal financial assistance under the Federal economic
development program determines that the relevant entity has
engaged in the conduct described in subsection (b) and ends
with the earlier of--
(A) the day that is two years after the date the
period began; or
(B) the day that the property is returned to the
entity from whom the property was taken.
(b) Conduct Resulting in Prohibition of Assistance.--The conduct
described in this subsection is the following:
(1) Any use of the power of eminent domain to take property
from a private entity and transfer the ownership of, or a
leasehold interest, in the property (or a portion thereof) to
another private entity, except for a transfer--
(A) for use by a public utility;
(B) for a road or other right of way or means, open
to the public or common carriers, for transportation;
(C) for an aqueduct, pipeline, or similar use;
(D) for a prison or hospital; or
(E) for any use during and in relation to a
national emergency or national disaster declared by the
President under other law.
(2) Failure to provide relocation assistance for persons
displaced by use of eminent domain for economic development.--
Failing to provide, to any person displaced from property by
the use of the power of eminent domain for any economic
development purpose, relocation assistance under the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.) in the same manner and to
the same extent as relocation assistance would be required
under such Act to be provided by a Federal agency that
undertakes a program or project that results in displacement of
the person.
SEC. 3. PRIVATE RIGHT OF ACTION.
The owner of any real property taken by conduct resulting in the
prohibition by this Act of assistance may, in a civil action, obtain
injunctive and declaratory relief to require the enforcement of that
prohibition.
SEC. 4. DEFINITIONS.
In this Act:
(1) Federal economic development program.--The term
``Federal economic development program'' means any of the
following programs:
(A) Department of agriculture.--
(i) Forest service.--
(I) Programs under the National
Forest-Dependent Rural Communities
Economic Diversification Act of 1990 (7
U.S.C. 6611 et seq.).
(II) The rural development through
forestry program authorized by the
Department of the Interior and Related
Agencies Appropriations Act, 2006
(Public Law 109-54; 119 Stat. 538), and
subsequent appropriations laws.
(ii) Rural business--cooperative service.--
(I) The intermediary relending
program under section 1323 of the Food
Security Act of 1985 (7 U.S.C. 1932
note).
(II) The rural business
opportunities grant program under
section 306(a)(11) of the Consolidated
Farm and Rural Development Act (7
U.S.C. 1926(a)(11)).
(III) The program for assistance to
cooperatives for economic development
under the Act of July 2, 1926 (7 U.S.C.
451 et seq.) and subtitle A of the
Agricultural Marketing Act of 1946 (7
U.S.C. 1621 et seq.).
(IV) The rural business enterprise
grants program under section 310B(c) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)).
(V) The rural economic development
loans and grants program under title
III of the Rural Electrification Act of
1936 (7 U.S.C. 930 et seq.).
(iii) Rural utilities service.--
(I) The program for grants, direct
loans, and guaranteed loans for water
and waste disposal systems for rural
communities under paragraphs (1) and
(2) of section 306(a) of the
Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)).
(II) The Rural Utilities Service
program for grants and loans to the
Denali Commission under section
19(a)(2) of the Rural Electrification
Act of 1936 (7 U.S.C. 918a(a)(2)).
(iv) Rural housing service.--
(I) The rural community development
initiative pursuant to the Agriculture,
Rural Development, Food and Drug
Administration, and Related Agencies
Appropriations Act, 2001 (Public Law
106-387; 114 Stat. 1549A-17) and the
Agriculture, Rural Development, Food
and Drug Administration, and Related
Agencies Appropriations Act, 2005
(Public Law 108-447; 118 Stat. 2826).
(II) The program for loans and
grants for essential community
facilities under section 306(a)(1) of
the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(1)).
(v) Farm service agency.--The program for
loans to Indian tribes and tribal corporations
under the Consolidated Farm and Rural
Development Act (7 U.S.C. 1921 et seq.).
(vi) Rural business investment program.--
The rural business investment program under
subtitle H of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc et seq.).
(B) Department of commerce--economic development
administration.--Any program for financial assistance
under the Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.).
(C) Department of housing and urban development.--
(i) The community development block grant
programs under title I of the Housing and
Community Development Act of 1974 (42 U.S.C.
5301 et seq.), including the entitlement
grants, small cities, special purpose and
insular areas grants, States, Indian tribe
grants, and loan guarantee programs.
(ii) The brownfields economic development
initiative under section 108(q) of the Housing
and Community Development Act of 1974 (42
U.S.C. 5308(q)).
(iii) The rural housing and economic
development program of the Department of
Housing and Urban Development pursuant to title
II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent
Agencies Appropriations Act, 2005 (Public Law
108-447; 118 Stat. 3300) and title II of the
Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies
Appropriations Act, 1999 (Public Law 105-276;
112 Stat. 2475).
(iv) The Indian housing block grant program
under the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C.
4101 et seq.).
(D) Department of the interior--bureau of indian
affairs.--The programs for grants, loans, and loan
guarantees for Indian economic development of the
Office of Economic Development, Bureau of Indian
Affairs of the Department of the Interior.
(E) Department of the treasury.--The community
development financial institutions fund program under
subtitle A of title I of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4701 et seq.).
(F) Appalachian regional commission.--Any program
for assistance for Appalachian regional development
under subtitle IV of title 40, United States Code.
(G) National credit union administration.--The
community development revolving loan fund program for
credit unions under the Community Development Credit
Union Revolving Loan Fund Transfer Act (42 U.S.C. 9822
note).
(H) Denali commission.--The Denali Commission
program under the Denali Commission Act of 1998 (42
U.S.C. 2131 et seq.).
(I) Delta regional authority.--The program for
Delta regional development under subtitle F of the
Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa et seq.).
(J) Department of health and human services.--The
discretionary award program relating to local community
economic development under section 680 of the Community
Services Block Grant Act (42 U.S.C. 9921).
(2) Federal financial assistance.--The term ``Federal
financial assistance'' has the meaning given such term in
section 101 of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601).
(3) State.--The term ``State'' means any of the States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, the Virgin Islands, American Samoa, and any
other territory or possession of the United States.
SEC. 5. SEVERABILITY.
If any provision of this Act, or the application thereof, is held
invalid, the validity of the remainder of this Act and the application
of such provision to other persons and circumstances shall not be
affected thereby. | Strengthening the Ownership of Private Property Act of 2005 or STOPP Act of 2005 - Prohibits, until the earlier of two years after the takings prohibited by this Act or the day the property is returned to the original owner, federal financial assistance under defined federal economic development programs to a state or local government entity that: (1) uses the power of eminent domain to take property from a private entity and transfer the ownership of, or a leasehold interest in, the property to another private entity; or (2) fails to provide, to any person displaced from property by the use of the power of eminent domain for any economic development purpose, relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Excepts from the first clause property taken for: (1) use by a public utility; (2) a road open to the public or common carriers; (3) an aqueduct, pipeline, or similar use; (4) a prison or hospital; or (5) any use during and in relation to a national emergency or national disaster declared by the President.
Provides a private right of action for the owner of any real property taken by conduct prohibited under this Act. | {"src": "billsum_train", "title": "To prohibit the provision of Federal economic development assistance for any State or locality that uses the power of eminent domain power to obtain property for private commercial development or that fails to pay relocation costs to persons displaced by use of the power of eminent domain for economic development purposes."} | 2,274 | 256 | 0.699797 | 2.082114 | 0.949859 | 5.123404 | 8.446809 | 0.944681 |
SECTION 1. CONTINUED AUTHORIZATION OF FUNDING OF TRANSPORTATION
PROJECTS AFTER LAPSE IN TRANSPORTATION CONFORMITY.
Section 176(c)(2) of the Clean Air Act (42 U.S.C 7506(c)(2)) is
amended by adding at the end the following:
``(E) Notwithstanding subparagraphs (C) and (D), any
transportation project identified for funding in a
transportation plan and transportation improvement program
adopted under section 134 of title 23 or sections 5303 through
5306 of title 49, United States Code, shall remain eligible for
funding under title 23 or chapter 53 of title 49, United States
Code, as applicable, after the long-range transportation plan
or transportation improvement program no longer conforms as
required by subparagraphs (2)(C)(i) or (2)(D), if--
``(i) the long-range transportation plan and
transportation program met the requirements of
subsection (c) at the time at which a project agreement
for the transportation project was approved under
section 106(a)(2) of title 23, United States Code, or
the project was otherwise approved for assistance under
chapter 53 of title 49, United States Code, as
applicable;
``(ii) the transportation project is a
transportation control measure (as defined in section
93.101 of title 40 of the Code of Federal Regulations
(as in effect on March 1, 1999);
``(iii) the transportation project qualifies for an
exemption from the requirement that the transportation
project come from a conforming metropolitan long-range
transportation plan and transportation improvement
program under section 93.126 or 93.127 of title 40,
Code of Federal Regulations (as in effect on March 1,
1999); or
``(iv) the transportation project is exempt from a
prohibition on approval under section 179(b)(1), except
that this paragraph shall not apply to a transportation
project described in section 179(b)(1)(B)(iv).''.
SEC. 2. AMENDMENT OF LONG-RANGE TRANSPORTATION PLANS AND TRANSPORTATION
IMPROVEMENT PROGRAMS NOT CONFORMING TO APPLICABLE
IMPLEMENTATION PLANS.
(a) Transportation Plans.--Section 134 of title 23, United States
Code, is amended by adding at the end the following:
``(p) Amendments to Plans and Programs Not Conforming to Applicable
Implementation Plans.--Notwithstanding any other provision of law, a
long-range transportation plan or transportation improvement program
under this section that no longer conforms to the applicable
implementation plan under section 176(c) of the Clean Air Act (42
U.S.C. 7506(c)) and part 93 of title 40, Code of Federal Regulations
(or a successor regulation), may be amended without a demonstration of
conformity if the amendment is solely for the purpose for adding a
transportation project--
``(1) for which the State submits to the Administrator of
the Environmental Protection Agency a request for approval as a
transportation control measure (as defined in section 93.101 of
title 40, Code of Federal Regulations (as in effect on March 1,
1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410);
or
``(2) that qualifies for an exemption from the requirement
that the transportation project come from a conforming
metropolitan long-range transportation improvement program
under section 93.126 or 93.127 of title 40, Code of Federal
Regulations (as in effect on March 1, 1999).''.
(b) Mass Transportation Plans.--Section 5303 of title 49, United
States Code, is amended by adding at the end the following:
``(i) Amendments of Plans and Programs Not Conforming to Applicable
Implementation Plans.--Notwithstanding any other provision of law, a
long-range transportation plan under this section or a transportation
improvement program under section 5304 that no longer conforms to the
applicable implementation plan under section 176(c) of the Clean Air
Act (42 U.S.C. 7506(c)) and part 93 of title 40, Code of Federal
Regulations (or a successor regulation), may be amended without a
demonstration of conformity if the amendment is solely for the purpose
of adding a transportation project--
``(1) for which the State submits to the Administrator of
the Environmental Protection Agency a request for approval as a
transportation control measure (as defined in section 93.101 of
title 40, Code of Federal Regulations (as in effect on March 1,
1999)) under section 110 of the Clean Air Act (42 U.S.C. 7410);
or
``(2) that qualifies for an exemption from the requirement
that the transportation project come from a conforming
metropolitan long-range transportation plan under and
transportation improvement program under section 93.126 and
93.127 of title 40, Code of Federal Regulations (as in effect
on March 1, 1999).''. | Amends Federal-aid highway and mass transportation provisions to authorize the amendment of long-range transportation plans or improvement programs that no longer conform to SIPs without a demonstration of conformity if the amendment is solely for the purpose of adding a transportation project: (1) for which the State submits to the Administrator of the Environmental Protection Agency a request for approval as a transportation control measure; or (2) that qualifies for an exemption from the requirement that a project come from a conforming metropolitan long-range transportation plan and improvement program under Federal regulations in effect on March 1, 1999. | {"src": "billsum_train", "title": "To amend the Clean Air Act and titles 23 and 49, United States Code, to provide for continued authorization of funding of transportation projects after a lapse in transportation conformity."} | 1,103 | 125 | 0.561553 | 1.68938 | 0.556481 | 6.223214 | 8.428571 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Detainee
Treatment Act of 2007''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``National
Commission on Detainee Treatment'' (in this Act referred to as the
``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
The Commission shall conduct a comprehensive review of matters
relating to the capture, custody, judicial proceedings, and
repatriation of suspected unlawful enemy combatants with the objective
of developing a comprehensive report for purposes of section 7.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 8
members, to be appointed as follows:
(1) 2 members appointed by the majority leader of the
Senate.
(2) 2 members appointed by the minority leader of the
Senate.
(3) 2 members appointed by the Speaker of the House of
Representatives.
(4) 2 members appointed by the minority leader of the House
of Representatives.
(b) Prohibited Appointments.--No member of the Commission shall be
a Member of Congress or other elected Federal, State, or local
government official.
(c) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
(d) Vacancies.--A vacancy in the Commission shall not affect the
power and duties of the Commission but shall be filled in the manner in
which the original appointment was made.
(e) Deadline for Appointments.--Members of the Commission shall be
appointed by not later than 30 days after the date of enactment of this
Act.
(f) Initial Organization Period.--Not later than 60 days after the
date of enactment of this Act, the Commission shall develop and
implement a schedule for completion of the review and report required
under section 7.
(g) Co-Chairpersons.--The Commission shall select 2 Co-Chairpersons
from among its members.
(h) Compensation.--Members of the Commission shall serve without
pay.
(i) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections
5702 and 5703 of title 5, United States Code, while away from their
homes or regular places of business in performance of services for the
Commission.
SEC. 5. ADMINISTRATION.
(a) Quorum.--5 members of the Commission shall constitute a quorum,
but a lesser number may hold hearings.
(b) Meetings.--
(1) In general.--The Commission shall meet at the call of
the Co-Chairpersons or a majority of its members.
(2) Open meetings.--Each meeting of the Commission, other
than meetings in which classified information is to be
discussed, shall be open to the public.
(c) Hearings.--The Commission may hold such hearings and undertake
such other activities as the Commission determines to be necessary to
carry out its duties.
(d) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
in the United States at any designated place of hearing within
the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is made under paragraph (2) may be served in the
judicial district in which the person required to be served
resides or may be found.
SEC. 6. DIRECTOR AND STAFF OF COMMISSION.
(a) Executive Director.--The Commission shall have an Executive
Director, who shall be appointed by the Co-Chairpersons of the
Commission. To the extent or in the amounts provided in advance in
appropriations Acts, the Executive Director shall be paid at a rate
equivalent to a rate established for the Senior Executive Service under
section 5382 of title 5, United States Code.
(b) Staff.--With the approval of the Commission, the Executive
Director may appoint and fix the pay of such additional personnel as
the Executive Director determines to be appropriate.
(c) Actuarial Experts and Consultants.--With the approval of the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
(d) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission. Any such detail
shall not interrupt or otherwise affect the civil service status or
privileges of the Federal employee.
(e) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this Act. Upon request of the Co-
Chairpersons, the head of that department or agency shall furnish that
information to the Commission.
(f) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(g) Other Resources.--The Commission shall have reasonable access
to materials, resources, statistical data, and other information such
Commission determines to be necessary to carry out its duties from the
Library of Congress, other agencies and elected representatives of the
executive and legislative branches of the Federal Government. The Co-
Chairpersons of the Commission shall make requests for such access in
writing when necessary.
SEC. 7. REPORT.
(a) Report.--Not later than one year after the date on which the 2
Co-Chairpersons are selected, the Commission shall prepare and submit
to Congress and the President a final report that contains a detailed
statement of the recommendations, findings, and conclusions of the
Commission. The appropriate Committees of Congress shall hold hearings
on the report.
(b) Public Availability.--The report submitted under this
subsection shall be made available to the public.
SEC. 8. TERMINATION.
The Commission shall terminate on the date that is 30 days after
the date on which the Commission submits the report required under
section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 for fiscal year
2008 to carry out this Act. Such sums shall remain available until
expended. | National Commission on Detainee Treatment Act of 2007 - Establishes the National Commission on Detainee Treatment to: (1) conduct a comprehensive review of matters relating to the capture, custody, judicial proceedings, and repatriation of suspected unlawful enemy combatants; and (2) prepare and submit to Congress and the President a final report on Commission recommendations, findings, and conclusions. | {"src": "billsum_train", "title": "To establish the National Commission on Detainee Treatment."} | 1,630 | 81 | 0.556382 | 1.381609 | 1.047835 | 5.463768 | 21.101449 | 0.971014 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Highway Innovation and Cost Savings
Act''.
SEC. 2. TAX-EXEMPT FINANCING OF QUALIFIED HIGHWAY INFRASTRUCTURE
CONSTRUCTION.
(a) Treatment as Exempt Facility Bond.--A bond described in
subsection (b) shall be treated as described in section 141(e)(1)(A) of
the Internal Revenue Code of 1986, except that section 146 of such Code
shall not apply to such bond.
(b) Bond Described.--
(1) In general.--A bond is described in this subsection if
such bond is issued after the date of enactment of this Act as
part of an issue--
(A) 95 percent or more of the net proceeds of which
are to be used to provide a qualified highway
infrastructure project, and
(B) to which there has been allocated a portion of
the allocation to the project under paragraph
(2)(C)(ii) which is equal to the aggregate face amount
of bonds to be issued as part of such issue.
(2) Qualified highway infrastructure projects.--
(A) In general.--For purposes of paragraph (1), the
term ``qualified highway infrastructure project'' means
a project--
(i) for the construction or reconstruction
of a highway, and
(ii) designated under subparagraph (B) as
an eligible pilot project.
(B) Eligible pilot project.--
(i) In general.--The Secretary of
Transportation, in consultation with the
Secretary of the Treasury, shall select not
more than 15 highway infrastructure projects to
be pilot projects eligible for tax-exempt
financing.
(ii) Eligibility criteria.--In determining
the criteria necessary for the eligibility of
pilot projects, the Secretary of Transportation
shall include the following:
(I) The project must serve the
general public.
(II) The project is necessary to
evaluate the potential of the private
sector's participation in the
provision, maintenance, and operation
of the highway infrastructure of the
United States.
(III) The project must be located
on publicly-owned rights-of-way.
(IV) The project must be publicly
owned or the ownership of the highway
constructed or reconstructed under the
project must revert to the public.
(V) The project must be consistent
with a transportation plan developed
pursuant to section 134(g) or 135(e) of
title 23, United States Code.
(C) Aggregate face amount of tax-exempt
financing.--
(i) In general.--The aggregate face amount
of bonds issued pursuant to this section shall
not exceed $15,000,000,000, determined without
regard to any bond the proceeds of which are
used exclusively to refund (other than to
advance refund) a bond issued pursuant to this
section (or a bond which is a part of a series
of refundings of a bond so issued) if the
amount of the refunding bond does not exceed
the outstanding amount of the refunded bond.
(ii) Allocation.--The Secretary of
Transportation, in consultation with the
Secretary of the Treasury, shall allocate the
amount described in clause (i) among the
eligible pilot projects designated under
subparagraph (B), based on the extent to
which--
(I) the projects use new
technologies, construction techniques,
or innovative cost controls that result
in savings in building or operating the
projects, and
(II) the projects address local,
regional, or national transportation
needs.
(iii) Reallocation.--If any portion of an
allocation under clause (ii) is unused on the
date which is 3 years after such allocation,
the Secretary of Transportation, in
consultation with the Secretary of the
Treasury, may reallocate such portion among the
remaining eligible pilot projects. | Highway Innovation and Cost Savings Act - Amends the Internal Revenue Code to provide for the treatment of a qualified highway infrastructure project bond as an exempt private activity bond. | {"src": "billsum_train", "title": "Highway Innovation and Cost Savings Act"} | 823 | 38 | 0.501258 | 1.139336 | 0.887874 | 2.612903 | 24.483871 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger Conservation
Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The world's rhinoceros population is declining at an
alarming rate, a 90 percent decline since 1970.
(2) All rhinoceros species have been listed on Appendix I
of CITES since 1977.
(3) All rhinoceros species, except the southern subspecies
of white rhinoceros, are listed as endangered species under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
(4) In 1987, the parties to CITES adopted a resolution that
urged all parties to establish a moratorium on the sale and
trade in rhinoceros products (other than legally taken
trophies), to destroy government stockpiles of rhinoceros horn,
and to exert pressure on countries continuing to allow trade in
rhinoceros products.
(5) On September 7, 1993, under section 8 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the
Secretary certified that the People's Republic of China and
Taiwan were engaged in trade of rhinoceros parts and tiger
parts that diminished the effectiveness of an international
conservation program for that endangered species.
(6) On September 9, 1993, the Standing Committee of CITES,
in debating the continuing problem of trade in rhinoceros horn,
adopted a resolution urging parties to CITES to implement
stricter domestic measures, up to and including an immediate
prohibition in trade in wildlife species.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To assist in the conservation of rhinoceros and tigers
by supporting the conservation programs of nations whose
activities affect rhinoceros and tiger populations, and the
CITES Secretariat.
(2) To provide financial resources for those programs.
SEC. 4. DEFINITIONS.
In this Act--
(1) ``CITES'' means the Convention on International Trade
in Endangered Species of Wild Fauna and Flora, signed on March
3, 1973, and its appendices;
(2) ``conservation'' means the use of all methods and
procedures necessary to bring rhinoceros and tigers to the
point at which there are sufficient populations to ensure that
those species do not become extinct, including all activities
associated with scientific resource management, such as
research, census, law enforcement, habitat acquisition and
maintenance, propagation, live trapping, and transportation;
(3) ``fish products'' means any aquatic species (including
marine mammals and plants) exported from a country and all
products and parts thereof, whether taken by fishing vessels of
that country, or packed, processed, or otherwise prepared for
export in that country or within its jurisdiction;
(4) ``Fund'' means the Rhinoceros and Tiger Conservation
Fund established under section 6(a);
(5) ``Secretary'' means the Secretary of the Interior; and
(6) ``wildlife products'' means any wild animal (other than
an aquatic species which is a fish product) taken within a
country and all products and parts thereof (including eggs),
whether packed, processed, or otherwise prepared for export in
that country or within its jurisdiction. This term does not
include any wild animal or fish if brought or imported into the
United States for scientific research or any legally taken
sport-hunted trophies.
SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.
(a) In General.--The Secretary, subject to the availability of
appropriations, shall use amounts in the Fund to provide financial
assistance for projects for the conservation of rhinoceros and tigers.
(b) Project Proposal.--A country whose activities affect rhinoceros
or tiger populations, the CITES Secretariat, or any other person may
submit to the Secretary a project proposal under this section. Each
proposal shall--
(1) name the individual responsible for conducting the
project;
(2) state the purposes of the project succinctly;
(3) describe the qualifications of the individuals who will
conduct the project;
(4) estimate the funds and time required to complete the
project;
(5) provide evidence of support of the project by
appropriate governmental entities of countries in which the
project will be conducted, if the Secretary determines that the
support is required for the success of the project; and
(6) provide any other information the Secretary considers
to be necessary for evaluating the eligibility of the project
for funding under this Act.
(c) Project Review and Approval.--The Secretary shall review each
project proposal to determine if it meets the criterion set forth in
subsection (d). Not later than 6 months after receiving a project
proposal, and subject to the availability of funds, the Secretary shall
approve or disapprove the proposal and provide written notification to
the person who submitted the proposal and to each country within which
the project is to be conducted.
(d) Criterion for Approval.--The Secretary may approve a project
under this section if the project will enhance programs or activities
for the conservation of rhinoceros or tigers.
(e) Project Reporting.--Each person that receives assistance under
this section for a project shall provide periodic reports to the
Secretary as the Secretary considers necessary. Each report shall
include all information requested by the Secretary for evaluating the
progress and success of the project.
SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND.
(a) Establishment.--There is established in the general fund of the
Treasury a separate account to be known as the ``Rhinoceros and Tiger
Conservation Fund'', which shall consist of amounts deposited into the
Fund by the Secretary of the Treasury under subsection (b).
(b) Deposits Into the Fund.--The Secretary of the Treasury shall
deposit into the Fund--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Fund.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Fund without further appropriation to
provide assistance under section 5.
(2) Administration.--Of amounts in the Fund available for
each fiscal year, the Secretary may use not more than 6 percent
to administer the Fund.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to provide assistance under section 5. Amounts received
by the Secretary in the form of donations shall be transferred to the
Secretary of the Treasury for deposit into the Fund.
SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES.
(a) Initial Review and Certification.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall--
(1) review all foreign countries whose activities affect
rhinoceros or tiger populations; and
(2) if the Secretary finds that any citizen of a foreign
country, directly or indirectly, is engaging in trade in
products made from rhinoceros or tigers, or in another activity
that adversely affects rhinoceros or tiger conservation,
certify that fact to the President.
(b) Consultation.--Not later than 30 days after the date of a
certification under subsection (a)(2) with respect to a foreign
country, the President shall enter into consultations with the
government of the country that the certification has been made.
(c) Moratorium on Importation.--
(1) Direction to establish.--Not later than 60 days after
the date of a certification under subsection (a)(2) with
respect to a foreign country, if consultations under subsection
(b) are not satisfactorily concluded with the country the
President shall direct the Secretary of the Treasury to
establish a moratorium on the importation of all fish products
and wildlife products from the country.
(2) Implementation.--The Secretary of the Treasury shall
establish and implement a moratorium pursuant to the direction
of the President under paragraph (1), by not later than 45 days
after the date the President directs the Secretary of the
Treasury to establish the moratorium.
(3) Public notice.--The Secretary of the Treasury shall
provide public notice of a moratorium under this subsection
before implementing the moratorium.
(4) Subsequent review.--The Secretary shall periodically
review the activities of citizens of a foreign country with
respect to which a certification is made under subsection
(a)(2) to determine if the reasons for making the certification
no longer exist.
(5) Termination of moratorium.--If, after notice and public
comment, the Secretary determines that the reasons for making a
certification under subsection (a)(2) with respect to a foreign
country no longer exist the Secretary of the Treasury shall
terminate a moratorium established for the country under this
subsection.
(d) Additional Economic Sanctions.--
(1) Determination of effectiveness of moratorium.--Not
later than 6 months after the date of a certification under
subsection (a)(2) with respect to a foreign country, the
Secretary shall determine whether a moratorium under subsection
(c) is insufficient to cause the foreign country to improve its
efforts for the conservation of rhinoceros or tigers, as
appropriate.
(2) Certification.--The Secretary shall certify to the
President each affirmative determination under paragraph (1)
with respect to a foreign country.
(3) Effect of certification.--Certification by the
Secretary under paragraph (2) is deemed to be a certification
under section 8(a) of the Fishermen's Protective Act of 1967
(22 U.S.C. 1978(a)).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $10,000,000 for
each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this
Act, to remain available until expended. | Rhinoceros and Tiger Conservation Act of 1994 - Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund, to be used for conservation project purposes. Directs the Secretary of the Interior to use amounts from the Fund to provide financial assistance for worldwide projects for the conservation of rhinoceroses and tigers. Outlines provisions concerning the submission of projects for such assistance and review and approval by the Secretary.
Provides sanctions against countries whose activities adversely affect rhinoceros or tiger conservation (such as the trading of rhinoceros horns), including a moratorium on the importation from such country of any fish and wildlife products. Provides for the review and termination of such moratoriums in appropriate circumstances. Allows additional economic sanctions.
Authorizes appropriations for FY 1995 through 1999. | {"src": "billsum_train", "title": "Rhinoceros and Tiger Conservation Act of 1994"} | 2,161 | 176 | 0.523144 | 1.414879 | 0.761256 | 2.06338 | 13.767606 | 0.838028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Priorities in Education Spending
Act''.
SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
(a) Repeals.--The following provisions of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are hereby
repealed:
(1) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.;
relating to the William F. Goodling Even Start Family Literacy
programs).
(2) Subpart 4 of part B of title I (20 U.S.C. 6383;
relating to improving literacy through school libraries).
(3) Section 1504 of part E of title I (20 U.S.C. 6494;
relating to the Close Up Fellowship program).
(4) Part F of title I (20 U.S.C. 6511 et seq.; relating to
comprehensive school reform).
(5) Section 2151(b) of subpart 5 of part A of title II (20
U.S.C. 6651(b); relating to school leadership).
(6) Section 2151(c) of subpart 5 of part A of title II (20
U.S.C. 6651(c); relating to advanced certification or advanced
credentialing).
(7) Subpart 2 of part C of title II (20 U.S.C. 6701 et
seq.; relating to the National Writing Project).
(8) Subpart 4 of part C of title II (20 U.S.C. 6721 et
seq.; relating to the teaching of traditional American
history).
(9) Part D of title II (20 U.S.C. 6751 et seq.; relating to
enhancing education through technology).
(10) Subpart 4 of part B of title III (20 U.S.C. 6961 et
seq.; relating to the Emergency Immigrant Education program).
(11) Section 4129 of subpart 2 of part A of title IV (20
U.S.C. 7139; relating to grants to reduce alcohol abuse).
(12) Section 4130 of subpart 2 of part A of title IV (20
U.S.C. 7140; relating to mentoring programs).
(13) Subpart 2 of part D of title V (20 U.S.C. 7245;
relating to elementary and secondary school counseling
programs).
(14) Subpart 4 of part D of title V (20 U.S.C. 7249;
relating to smaller learning communities).
(15) Subpart 5 of part D of title V (20 U.S.C. 7251;
relating to the Reading is Fundamental--Inexpensive Book
Distribution program).
(16) Subpart 7 of part D of title V (20 U.S.C. 7255 et
seq.; commonly referred to as the ``Star Schools Act'').
(17) Subpart 8 of part D of title V (20 U.S.C. 7257 et
seq.; relating to the Ready to Teach program).
(18) Subpart 9 of part D of title V (20 U.S.C. 7259 et
seq.; commonly referred to as the ``Foreign Language Assistance
Act of 2001'').
(19) Subpart 10 of part D of title V (20 U.S.C. 7261 et
seq.; commonly referred to as the ``Carol M. White Physical
Education Program'').
(20) Subpart 11 of part D of title V (20 U.S.C. 7263 et
seq.; relating to community technology centers).
(21) Subpart 12 of part D of title V (20 U.S.C. 7265 et
seq.; relating to educational, cultural, apprenticeship, and
exchange programs for Alaska Natives, Native Hawaiians, and
their historical whaling and trading partners in
Massachusetts).
(22) Subpart 14 of part D of title V (20 U.S.C. 7269 et
seq.; relating to grants to improve mental health of children).
(23) Subpart 15 of part D of title V (20 U.S.C. 7271;
relating to arts in education).
(24) Subpart 18 of part D of title V (20 U.S.C. 7277 et
seq.; relating to healthy, high-performance schools).
(25) Subpart 20 of part D of title V (20 U.S.C. 7281 et
seq.; relating to additional assistance for certain local
educational agencies impacted by Federal property acquisition).
(26) Subpart 21 of part D of title V (20 U.S.C. 7283 et
seq.; commonly referred to as the ``Women's Educational Equity
Act of 2001'').
(27) Part B of title VII (20 U.S.C. 7511 et seq.; commonly
referred to as the ``Native Hawaiian Education Act'').
(28) Part C of title VII (20 U.S.C. 7541 et seq.; commonly
referred to as the ``Alaska Native Educational Equity, Support,
and Assistance Act'').
SEC. 3. EARLY LEARNING OPPORTUNITIES ACT.
Title VIII of H.R. 5656 of the 106th Congress (20 U.S.C. 9401 et
seq.; 114 Stat. 2763, 2763A-77; commonly referred to as the ``Early
Learning Opportunities Act''), enacted by section 1 of Public Law 106-
554, is hereby repealed.
SEC. 4. HIGHER EDUCATION PROGRAMS.
(a) Higher Education Act of 1965.--The following provisions of the
Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) are hereby
repealed:
(1) Section 317 (20 U.S.C. 1059d; relating to Alaska Native
and Native Hawaiian-serving Institutions).
(2) Subpart 6 of part A of title IV (1070d-31 et seq.;
relating to Byrd Honors Scholarships).
(3) Subpart 9 of part A of title IV (20 U.S.C. 1070g et
seq.; relating to TEACH Grants).
(4) Section 432(n) (20 U.S.C. 1082(n); relating to Default
Reduction Management program).
(5) Section 428L (20 U.S.C. 1078-12; relating to loan
repayment for civil legal assistance attorneys).
(6) Subpart 3 of part A of title VII (20 U.S.C. 1136 et
seq.; relating to the Thurgood Marshall Legal Educational
Opportunity Program).
(7) Subpart 1 of part D of title VII (20 U.S.C. 1140a et
seq.; relating to demonstration projects to support
postsecondary faculty, staff, and administrators in educating
students with disabilities).
(8) Part E of title VII (20 U.S.C. 1141; relating to the
College Access Challenge Grant program).
(9) Part C of title VIII (20 U.S.C. 1161c; relating to
business workforce partnerships for job skill training in high-
growth occupations or industries).
(10) Part G of title VIII (20 U.S.C. 1161h; relating to the
Patsy Mink Fellowship program).
(11) Part I of title VIII (20 U.S.C. 1161i et seq.;
relating to the Early Childhood Education Professional
Development and Career Task Force).
(12) Part J of title VIII (20 U.S.C. 1161j; relating to
improving science, technology, engineering, and mathematics
education with a focus on Alaska Native and Native Hawaiian
students).
(13) Part K of title VIII (20 U.S.C. 1161k; relating to
pilot programs to increase college persistence and success).
(14) Part M of title VIII (20 U.S.C. 1161m; relating to low
tuition).
(15) Part N of title VIII (20 U.S.C. 1161n et seq.;
relating to cooperative education).
(16) Part P of title VIII (20 U.S.C. 1161p; relating to
create bridges from jobs to careers).
(17) Part Q of title VIII (20 U.S.C.1161q; relating to
grant to rural-serving institutions of higher education).
(18) Part S of title VIII (20 U.S.C. 1161s; relating to
training for realtime writers).
(19) Part V of title VIII (20 U.S.C. 1161v; relating to
Modeling and Simulation programs).
(20) Part W of title VIII (20 U.S.C. 1161w; relating to the
path to success).
(21) Part X of title VIII (20 U.S.C. 1161x; relating to the
School of Veterinary Medicine Competitive Grant program).
(22) Part Z of title VIII (20 U.S.C. 1161z; relating to the
Henry Kuualoha Giugni Kupuna Memorial Archives).
(b) Higher Education Amendments of 1998.--The following provisions
of the Higher Education Amendments of 1998 (Public Law 105-244) are
hereby repealed:
(1) Part D of title VIII (20 U.S.C. 1151; relating to the
Incarcerated Youth Program).
(2) Part H of title VIII (20 U.S.C. 1153; relating to the
Underground Railroad Educational and Cultural Program).
(c) Other Higher Education Laws.--The following provisions of law
are hereby repealed:
(1) Section 121 of the Education of the Deaf Act of 1986
(20 U.S.C. 4341; relating to Cultural Experiences Grants).
(2) Section 802 of the Higher Education Opportunity Act (20
U.S.C. 9631; relating to the National Center for Research in
Advanced Information and Digital Technologies).
(3) Section 5(c) of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3704(c); relating to the
Minority Serving Institution Digital and Wireless Technology
Opportunity Program).
(4) Part E of title XV of the Higher Education Amendments
of 1992 (20 U.S.C. 1070 note; Public Law 102-325; relating to
B.J. Stupak Olympic Scholarships).
SEC. 5. LITERACY PROGRAM FOR PRISONERS.
Notwithstanding the provisions under the heading ``Safe Schools and
Citizenship Education'' in title III of division F of Public Law 108-
447 (118 Stat. 3145), the Secretary may not obligate any funds to carry
out section 601 of the National Literacy Act of 1991 (Public Law 102-
73; 105 Stat. 356; relating to literacy for prisoners).
SEC. 6. LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS.
Part JJ of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (section 952 of Public Law 105-244; relating to loan
repayment for prosecutors and public defenders) is hereby repealed.
SEC. 7. CAREER AND TECHNICAL EDUCATION PROGRAMS.
Title II of the Carl D. Perkins Career and Technical Education Act
of 2006 (20 U.S.C. 2371 et seq.) is hereby repealed.
SEC. 8. SPECIAL OLYMPICS SPORT AND EMPOWERMENT ACT OF 2004 PROGRAM.
Section 3(a) of the Special Olympics Sport and Empowerment Act of
2004 (42 U.S.C. 15001 note; relating to education activities) is hereby
repealed.
SEC. 9. HEAD START ACT PROGRAM.
Section 657B of the Head Start Act (42 U.S.C. 9852b; relating to
Centers of Excellence in Early Childhood) is hereby repealed.
SEC. 10. WORKFORCE INVESTMENT ACT PROGRAM.
Section 171(e) of the Workforce Investment Act (20 U.S.C. 2916(e);
relating to the Energy Efficiency and Renewable Energy Worker Training
Program) is hereby repealed.
SEC. 11. THE NATIONAL ENVIRONMENTAL EDUCATION ACT.
The National Environmental Education Act (20 U.S.C. 5501 et seq.)
is hereby repealed.
SEC. 12. AMERICA COMPETES ACT.
The following provisions of the America COMPETES Act (20 U.S.C.
9801 et seq.) are hereby repealed:
(1) Part I of subtitle A of title VI (20 U.S.C. 9811 et
seq.; relating to teachers for a competitive tomorrow).
(2) Section 6131 (20 U.S.C. 9841; relating to promising
practices).
(3) Section 6202 (20 U.S.C. 9852; relating to summer term
education programs).
(4) Section 6501 (20 U.S.C. 9881; relating to Mathematics
and Science Partnership Bonus Grants). | Priorities in Education Spending Act - Repeals specified provisions of the: (1) Elementary and Secondary Education Act of 1965; (2) Early Learning Opportunities Act; (3) Higher Education Act of 1965; (4) Higher Education Amendments of 1998; (5) Education of the Deaf Act of 1986; (6) Higher Education Opportunity Act; (7) Stevenson-Wydler Technology Innovation Act of 1980; (8) Higher Education Amendments of 1992; (9) Omnibus Crime Control and Safe Streets Act of 1968; (10) Carl D. Perkins Career and Technical Education Act of 2006; (11) Special Olympics Sport and Empowerment Act of 2004; (12) Head Start Act; (13) Workforce Investment Act; (14) National Environmental Education Act; and (15) America COMPETES Act.
Prohibits the Secretary of Education from obligating any funds to implement a literacy program for prisoners under the National Literacy Act of 1991. | {"src": "billsum_train", "title": "To repeal ineffective or unneccesary education programs in order to restore the focus of Federal programs on quality preschool, elementary, secondary, and postsecondary education programs for disadvantaged students and students with disabilities."} | 2,939 | 192 | 0.455764 | 1.35387 | 0.70019 | 3.675824 | 12.967033 | 0.972527 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers and Veterans
Prescription Drug Safety Act of 2013''.
SEC. 2. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF THE ARMED
FORCES AND THEIR DEPENDENTS.
(a) Definitions.--In this section:
(1) Covered beneficiary.--The term ``covered beneficiary''
has the meaning given that term in section 1072 of title 10,
United States Code.
(2) Covered controlled substance.--The term ``covered
controlled substance'' means a controlled substance that is
listed in schedule II, III, IV, or V of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
(3) Dependent.--The term ``dependent'' has the meaning
given that term in section 1072 of title 10, United States
Code.
(4) Eligible person.--The term ``eligible person'' means--
(A) a member of the Armed Forces;
(B) an individual who is receiving or is entitled
to receive retired or retainer pay under chapter 71 of
title 10, United States Code;
(C) a dependent of a member of the Armed Forces, if
that dependent is a covered beneficiary in receipt of
health care services under chapter 55 of title 10,
United States Code; and
(D) any person lawfully entitled to dispose of the
property of a person described in subparagraphs (A)
through (C) who dies while lawfully in possession of a
covered controlled substance for personal use.
(5) Program.--The term ``program'' means the program
established under subsection (b)(1).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(b) Program Required.--
(1) In general.--The Secretary and the Attorney General
shall jointly carry out a program, which shall, except as
provided in paragraph (2), be carried out in accordance with
section 302(g) of the Controlled Substances Act (21 U.S.C.
822(g)), under which an eligible person who has lawfully
obtained a covered controlled substance in accordance with such
Act may deliver the covered controlled substance to be disposed
of at a facility and by a person specified under paragraph (2).
(2) Delivery of controlled substances.--Notwithstanding the
requirement under section 302(g)(1) of the Controlled
Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
controlled substance be authorized to receive the controlled
substance under such Act, the Secretary and the Attorney
General shall jointly specify the facilities and persons to
which covered controlled substances may be delivered under the
program.
(c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
(d) Administration of Program.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Attorney General
shall jointly prescribe regulations to carry out the program.
(2) Implementation.--Not later than 1 year after the date
on which the Secretary and the Attorney General jointly
prescribe regulations under paragraph (1), the Secretary shall
fully implement the program.
SEC. 3. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR VETERANS AND THEIR
DEPENDENTS.
(a) Definitions.--In this section:
(1) Covered controlled substance.--The term ``covered
controlled substance'' means a controlled substance that is
listed in schedule II, III, IV, or V of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
(2) Eligible person.--The term ``eligible person'' means--
(A) a veteran;
(B) the spouse of a veteran, if the spouse is in
receipt of medical services under laws administered by
the Secretary;
(C) a dependent of a veteran, if the dependent is
in receipt of medical services under laws administered
by the Secretary;
(D) a person described in section 2(a)(4) who is in
receipt of medical services at a facility of the
Department of Veterans Affairs; and
(E) any person lawfully entitled to dispose of the
property of a person described in subparagraphs (A)
through (D) who dies while lawfully in possession of a
covered controlled substance for personal use.
(3) Program.--The term ``program'' means the program
established under subsection (b)(1).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Veterans Affairs.
(5) Veteran.--The term ``veteran'' has the meaning given
that term in section 101 of title 38, United States Code.
(b) Program Required.--
(1) In general.--The Secretary and the Attorney General
shall jointly carry out a program, which shall, except as
provided in paragraph (2), be carried out in accordance with
section 302(g) of the Controlled Substances Act (21 U.S.C.
822(g)), under which an eligible person who has lawfully
obtained a covered controlled substance in accordance with such
Act may deliver the covered controlled substance to be disposed
of at a facility and by a person specified under paragraph (2).
(2) Delivery of controlled substances.--Notwithstanding the
requirement under section 302(g)(1) of the Controlled
Substances Act (21 U.S.C. 822(g)(1)) that a person receiving a
controlled substance be authorized to receive the controlled
substance under such Act, the Secretary and the Attorney
General shall jointly specify the facilities and persons to
which covered controlled substances may be delivered under the
program.
(c) Prevention of Abuse.--In implementing the program, the
Secretary and the Attorney General shall jointly develop appropriate
guidelines and procedures to prevent the diversion, misuse, theft, or
loss of controlled substances delivered under the program.
(d) Administration of Program.--
(1) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Attorney General
shall jointly prescribe regulations to carry out the program.
(2) Implementation.--Not later than 1 year after the date
on which the Secretary and the Attorney General jointly
prescribe regulations under paragraph (1), the Secretary shall
fully implement the program. | Servicemembers and Veterans Prescription Drug Safety Act of 2013 - Directs the Secretary of Defense (Secretary) and the Attorney General (AG) to jointly carry out a program under which a member of the Armed Forces (member), an individual receiving or entitled to military retired or retainer pay, a dependent-beneficiary of a member, or any person lawfully entitled to dispose of the property of any of such individuals may deliver a personal-use controlled substance (the prescription medication of a deceased individual) for disposal at a facility to be specified by the Secretary and the AG. Requires the Secretary and AG, in implementing the program, to develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of such delivered substances. Directs the Secretary and the AG to jointly carry out a program under which a veteran, a veteran's spouse or dependent, a person in receipt of medical services at a Department of Veterans Affairs (VA) facility, or any person lawfully entitled to dispose of the property of any of such individuals may deliver such a controlled substance for disposal at a specified facility, subject to the same guidelines and procedures with respect to such delivered substances. | {"src": "billsum_train", "title": "Servicemembers and Veterans Prescription Drug Safety Act of 2013"} | 1,452 | 262 | 0.608894 | 1.690177 | 0.767596 | 3.321586 | 5.555066 | 0.9163 |
SECTION 1. GAO REPORT ON UNIVERSAL SERVICE REFORMS.
(a) Purpose.--The purpose of the report required under subsection
(b) is to aid Congress in monitoring and measuring the effects of a
series of reforms by the Federal Communications Commission (in this Act
referred to as the ``FCC'') intended to promote the availability and
affordability of broadband service throughout the United States.
(b) Report.--The Comptroller General of the United States shall
prepare a report providing detailed measurements, statistics, and
metrics with respect to--
(1) the progress of implementation of the reforms adopted
in the FCC's Report and Order and Further Notice of Proposed
Rulemaking adopted on October 27, 2011 (FCC 11-161) (in this
Act referred to as the ``Order'');
(2) the effects, if any, of such reforms on retail end user
rates during the applicable calendar year for--
(A) local voice telephony services (including any
subscriber line charges and access recovery charges
assessed by carriers upon purchasers of such services);
(B) interconnected VoIP services;
(C) long distance voice services;
(D) mobile wireless voice services;
(E) bundles of voice telephony or VoIP services
(such as local and long distance voice packages);
(F) fixed broadband Internet access services; and
(G) mobile broadband Internet access services;
(3) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the
services listed in paragraph (2) to consumers (including both
residential and business users) located in rural areas and
urban areas;
(4) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
(such as per-consumer) retail rates charged for each of the
services listed in paragraph (2) as between incumbent local
exchange carriers subject to price cap regulation and those
subject to rate-of-return regulation;
(5) the effects, if any, of those reforms adopted in the
Order on average fixed and mobile broadband Internet access
speeds, respectively, available to residential and business
consumers, respectively, during the applicable calendar year;
(6) any disparities or trends detectable during the
applicable calendar year with respect to the relative average
fixed and mobile broadband Internet access speeds,
respectively, available to residential and business consumers,
respectively, in rural areas and urban areas;
(7) the effects, if any, of those reforms adopted in the
Order on the magnitude and pace of investments in broadband-
capable networks in rural areas, including such investments
financed by the Department of Agriculture's Rural Utilities
Service under the Rural Electrification Act of 1936 (7 U.S.C.
901 et seq.);
(8) any disparities or trends detectable during the
applicable calendar year with respect to the relative magnitude
and pace of investments in broadband-capable networks in rural
areas and urban areas;
(9) any disparities or trends detectable during the
applicable calendar year with respect to the magnitude and pace
of investments in broadband-capable networks in areas served by
carriers subject to price cap regulation and areas served by
carriers subject to rate-of-return regulation;
(10) the effects, if any, of those reforms adopted in the
Order on adoption of broadband Internet access services by end
users; and
(11) the effects, if any, of such reforms on State
universal service funds or other State universal service
initiatives, including carrier-of-last-resort requirements that
may be enforced by any State.
(c) Timing.--On or before December 31, 2013, and annually
thereafter for the following 5 calendar years, the Comptroller General
shall submit the report required under subsection (b) to the following:
(1) The Committee on Commerce, Science, and Transportation
of the Senate.
(2) The Committee on Agriculture, Nutrition, and Forestry
of the Senate.
(3) The Committee on Energy and Commerce of the House of
Representatives.
(4) The Committee on Agriculture of the House of
Representatives.
(d) Data Inclusion.--The report required under subsection (b) shall
include all data that the Comptroller General deems relevant to and
supportive of any conclusions drawn with respect to the effects of the
FCC's reforms and any disparities or trends detected in the items
subject to the report. | Directs the Comptroller General (GAO), beginning on or before December 31, 2013, and annually thereafter for the following five years, to prepare a report to aid Congress in monitoring and measuring the effects of a series of reforms by the Federal Communications Commission (FCC) intended to promote the availability and affordability of broadband service throughout the United States. Requires such report to include measurements, statistics, and metrics with respect to: the implementation progress on the reforms adopted in the FCC's Report and Order and Further Notice of Proposed Rulemaking adopted on October 27, 2011; any effects of such reforms on retail end-user rates for local voice telephony, interconnected VoIP (voice over Internet Protocol), long distance voice, mobile wireless voice, bundles of voice telephony or VoIP, fixed broadband Internet access, and mobile broadband Internet access services; any disparities or trends with respect to the relative average (such as per consumer) retail rates charged for each service to residential and business consumers located in rural and urban areas as well as between incumbent local exchange carriers subject to price cap regulation and those subject to rate-of-return regulation; any effects on average fixed and mobile broadband Internet access speeds available to residential and business consumers as well as speed disparities between rural and urban areas; any effects on the magnitude and pace of investments in broadband-capable networks in rural areas, including investments financed by the Department of Agriculture's (USDA) Rural Utilities Service under the Rural Electrification Act of 1936, and investment disparities between rural and urban areas; any disparities or trends with respect to the magnitude and pace of investments in broadband-capable networks in areas served by carriers subject to price cap regulation and areas served by carriers subject to rate-of-return regulation; any effects on adoption of broadband Internet access services by end users; and any effects on state universal service funds or initiatives, including carrier-of-last-resort requirements. | {"src": "billsum_train", "title": "A bill to require the Comptroller General of the United States to submit a report to Congress on the effectiveness of the Federal Communications Commission's universal service reforms."} | 924 | 412 | 0.77376 | 2.386107 | 0.963412 | 5.713911 | 2.404199 | 0.947507 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Preventive Health Awareness
Campaign''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Well-woman visits are the foundation on which women's
preventive care is built. Such visits include not only specific
screening tests, but also a medical history, physical
examination, evaluation and counseling, and, as indicated,
vaccinations.
(2) Well-woman visits facilitate increased access to health
care that is shown to identify chronic disease risk factors,
promote well-being, and decrease the likelihood or delay the
onset of a targeted disease or condition.
(3) Heart disease, stroke, and other cardiovascular
diseases are the number one cause of death in American women,
responsible for 1 in every 4 female deaths.
(4) Women are more likely than men to have forgone needed
health care due to cost; 1 in 5 women postponed preventive
services in the past year due to cost.
(5) Between 2002 and 2010, screening mammography rates
among women in the United States who were 50 years of age to 64
years of age declined from about 79 percent to 73 percent.
(6) In 2010, only 45 percent of 18- to 64-year-olds in the
United States reported having ever received an HIV test.
(7) Among sexually active females in the United States ages
16-25 years of age, only 44.7 percent were screened for
Chlamydia.
(8) The proportion of women in the United States 22 years
of age to 30 years of age who reported never having had a Pap
test increased from 6.6 percent in 2000 to 9.0 percent in 2010
despite current recommendations that they receive a Pap test
every three years.
(9) In 2007, 29.3 percent of women in the United States
delivering a live birth did not receive any prenatal care in
the first trimester, even though first trimester prenatal care
is recommended.
(10) During the 2013-2014 flu season, almost 48 percent of
pregnant women did not receive recommended vaccination against
influenza.
(11) Over half (51 percent) of the 6.6 million pregnancies
in the United States each year are unintended. Multiple studies
have shown that improved access to birth control significantly
improves the health of women and their families, as it is
directly linked to improved maternal and infant health
outcomes. Women that plan their pregnancies are more likely to
access prenatal care, improving their own health and the health
of their children.
(12) Between 2006 and 2010, one-third of all pregnancies
were conceived within 18 months of a previous birth, an
interval that is potentially harmful to the health of the
mother.
(13) Improved access to family planning also saves money.
For every $1.00 invested in family planning, taxpayers save
more than $5.00 in Medicaid-related expenses.
SEC. 3. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et al.) is amended by adding at the end the following new section:
``SEC. 399V-6. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN.
``(a) In General.--The Secretary shall provide for the planning and
implementation of a national public outreach and education campaign to
raise public awareness, including provider awareness, of women's
preventive health. Such campaign shall include the media campaign under
subsection (b) and the website under subsection (c) and shall provide
for the dissemination of information that--
``(1) describes the guidelines for women's preventive
services, including the cervical cancer recommendations updated
in 2012, by the United States Preventive Services Task Force,
by the American College of Obstetricians and Gynecologists
(ACOG), and by the American Cancer Society, the American
Society for Colposcopy and Cervical Pathology, and the American
Society for Clinical Pathology;
``(2) promotes well-woman visits for health assessments
which include screenings, evaluations, counseling,
immunizations, and prenatal visits, as appropriate;
``(3) explains the women's preventive services that are
required under section 2713 to be covered without cost-sharing
by a group health plan or a health insurance issuer offering
group or individual health insurance coverage that is not a
grandfathered plan (as defined in section 1251(e) of the
Patient Protection and Affordable Care Act); and
``(4) addresses health disparities in the area of women's
prevention.
``(b) Media Campaign.--
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, as part of the campaign under
subsection (a), the Secretary shall establish and implement a
national media campaign.
``(2) Requirement of campaign.--The campaign implemented
under paragraph (1)--
``(A) shall disseminate information about the
updated guidelines for women's preventive services
described in subsection (a)(1), promote well-woman
visits described in subsection (a)(2), and provide
information on the women's preventive services
described in subsection (a)(3); and
``(B) may include the use of television, radio,
Internet, and other commercial marketing venues.
``(c) Website.--As part of the campaign under subsection (a), the
Secretary shall, in consultation with private sector experts or through
contract with a private entity including a medical association or non-
profit organization, maintain and update an Internet website to provide
information and resources about the updated guidelines for women's
preventive services described in subsection (a)(1), promote well-woman
visits, and provide information on the women's preventive services
described in subsection (a)(3).
``(d) Funding.--The Secretary may use, out of any funds otherwise
made available to the Department of Health and Human Services, such
sums as may be necessary to carry out this section.''.
SEC. 4. CLARIFICATION OF COVERAGE FOR WOMEN'S PREVENTIVE HEALTH
SERVICES.
Section 2713 of the Public Health Service Act (42 U.S.C. 300gg-13)
is amended by adding at the end the following new subsection:
``(d) Clarification of Coverage for Women's Preventive Health
Services.--In applying subsection (a), with respect to women, the
following shall apply:
``(1) Well-woman visits, in addition to such well-woman
visits recommended in the Health Resources and Services
Administration guidelines shall be treated as described in
paragraph (4) of such subsection, with respect to a woman, if a
health care provider determines that such woman requires such
additional well-woman visits to obtain all necessary preventive
services recommended under such guidelines and under this
section, depending on the woman's health status, health needs,
and other risk factors.
``(2) The entirety of any such well-woman visit shall be
treated as described in such paragraph (4) and any additional
facility fee or office visit fee shall be in violation of the
requirement under such subsection to provide for coverage of
such visit without the imposition of any cost sharing
requirement.
``(3) If a recommendation or guideline pursuant to
subsection (a) with respect to a preventive service does not
specify the frequency, method, treatment, or setting for the
provision of such service, the plan or issuer involved may use
reasonable medical management techniques to determine any
coverage limitations with respect to frequency, method,
treatment, or setting for the provision of such service.
``(4) If a preventive service to which this section is
applicable is furnished to a woman by a health care provider
who is not within the provider network of the group health plan
or health insurance coverage in which the woman is enrolled and
there is no health care provider who is within such network who
has the capacity to provide the service, then such service
furnished by such out-of-network provider shall be covered
under such plan or coverage without the imposition of any cost
sharing requirement.
``(5) Nothing in this section or any regulation
implementing this section shall be construed as requiring that
each preventive health service to which this section applies be
provided in a separate visit. Efficient care delivery and the
delivery of multiple prevention and screening services at a
single visit shall be permissible under this section and such
regulations as a reasonable medical management technique.
``(6) In determining the categorization of a service under
this section as having a rating of `A' or `B' in the
recommendations of the United States Preventive Services Task
Force, a woman who is at high risk for a disease by reason of
the family or personal history of such woman with respect to
such disease, shall be treated in the same manner as a woman
identified at high risk for such disease by reason of being
among a population at high risk for such disease.
``(7) In applying paragraph (6), in the case that a health
care provider determines that a woman is at high risk for a
disease such woman shall be treated as at high risk for such
disease.
``(8)
``The recommendation applied pursuant to subsection
(a) for genetic counseling and evaluation for routine
breast cancer susceptibility gene (BRCA) shall be
treated as including a recommendation for both genetic
counseling and BRCA testing, if appropriate, for a
woman as determined by the health care provider of such
woman.
``(9) The recommendation applied pursuant to subsection (a)
for annual HIV counseling and screening for all sexually active
women, shall be treated as applying to testing as well as
screening.
``(10) The recommendation applied pursuant to subsection
(a) for breast-feeding support shall be treated as including
comprehensive prenatal and postnatal lactation support,
counseling, and rental or purchase of equipment for the
duration of breast-feeding, subject to reasonable medical
management.
``(11) The guidelines supported under subsection (a)(4)
shall be treated as including the recommendation of one form of
contraception in each of the methods identified by the Food and
Drug Administration in its current Birth Control Guide as well
as clinical services needed for provision of such contraceptive
method, including patient education and counseling.
``(12) In applying paragraph (11), within each method
described in such paragraph, a group health plan or health
insurance issuer may utilize reasonable medical management
techniques and may impose cost sharing on some items and
services to encourage an individual to use specific items and
services within the chosen contraceptive method, such as for
purposes of discouraging the use of brand name pharmacy items
over generic pharmacy items or for purposes of encouraging the
use of one of several intrauterine devices with progestin
approved by the Food and Drug Administration.
``(13) Services related to follow-up and management of side
effects, counseling for continued adherence, and device
removal, subject to reasonable medical management, shall be
treated as described in paragraph (4) of such subsection.''.
SEC. 5. INSTITUTE OF MEDICINE STUDY AND REPORT.
(a) Study.--The Secretary of Health and Human Services shall enter
into an agreement with the Institute of Medicine (or, if the Institute
declines to enter into such an agreement, another appropriate entity)
to conduct a study to provide recommendations on the appropriate
billing codes that should be included in a well-woman visit described
in subsection (d)(1) of section 2713 of the Public Health Service Act
(42 U.S.C. 300gg-13), as added by section 4.
(b) Report.--The Secretary shall ensure that not later than 12
months after the date of the enactment of this Act a report containing
the recommendations under subsection (a), including a comprehensive
list of codes described in such subsection, is submitted to Congress. | Women's Preventive Health Awareness Campaign This bill amends the Public Health Service Act to require the Department of Health and Human Services (HHS) to provide for a national public outreach and educational campaign, including a website, to raise awareness of women's preventive health. The campaign must describe guidelines for women's preventive services, promote well-woman visits, explain the women's preventive services that are covered by health insurance without patient cost sharing, and address health disparities. Well-woman visits that a health care provider determines a woman needs in order to obtain all necessary preventive services must be covered by health insurance without patient cost sharing. Health insurers may limit coverage of women's preventive services where guidelines do not specify the frequency, method, treatment, or setting for the services. Cost sharing for a preventive health service provided by an out-of-network provider shall not be imposed if a woman does not have an in-network provider with the capacity to provide the service. For a preventive health service that varies based on the patient's risk of disease, a woman must be treated as being at high risk for a disease if she has a family history of the disease or if a health care provider determines she is at high risk. Requirements are described for women's preventive services coverage of breast cancer susceptibility screening, HIV testing, breastfeeding support, and contraception. HHS must enter into an agreement with the Institute of Medicine (or another entity) to study and recommend the appropriate billing codes for a well-woman visit. | {"src": "billsum_train", "title": "Women's Preventive Health Awareness Campaign"} | 2,547 | 345 | 0.477593 | 1.500898 | 0.769205 | 3.401361 | 8.333333 | 0.911565 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sarah Weber Home Infusion Consumer
Protection Act of 1995''.
SEC. 2. LICENSING OF PROVIDERS OF HOME INFUSION THERAPY SERVICES.
(a) Requirement.--
(1) License requirement.--No person shall provide (or
arrange for the provision of) home infusion therapy services in
a State unless the person is licensed by the State in
accordance with this section to provide (or arrange for the
provision of) such services.
(2) Licensing procedure.--No State shall license a person
to provide (or arrange for the provision of) home infusion
therapy services unless the State finds that the person meets
the standards for licensing established under this section.
(3) Exception.--Paragraph (1) shall not apply in the case
of an individual providing home infusion therapy services
without compensation for himself or herself or for a family or
household member.
(b) Standards.--
(1) In general.--The Secretary of Health and Human Services
(in this Act referred to as the ``Secretary'') shall establish
standards for the licensing of persons providing (or arranging
for the provision of) home infusion therapy services consistent
with this subsection.
(2) Supervision.--A person licensed under this section
shall only provide (or arrange for the provision of) home
infusion therapy services to an individual who is under the
care of a physician and under a plan established and
periodically reviewed by a physician.
(3) Provider qualifications.--A person shall not be
licensed consistent with this section unless the person--
(A) has been determined to be capable of providing,
or arranging for the provision of, home infusion
therapy services;
(B) maintains clinical records on all individuals
for whom the person provides (or arranges for the
provision of) such services;
(C) adheres to written protocols and policies with
respect to the provision (or arrangement for the
provision) of services;
(D) makes services available (as needed) 7 days a
week on a 24-hour basis;
(E) coordinates all home infusion therapy services
with the patient's physician;
(F) conducts a quality assessment and assurance
program, including drug regimen review and coordination
of patient care;
(G) assures that only trained (or licensed if
necessary) personnel provide infusion products (and any
other service for which training is required to safely
provide the service);
(H) assumes responsibility for the quality of
services provided by others under arrangements with
such person;
(I) establishes appropriate protocols and explains
such protocols clearly to patients before the
initiation of a treatment plan;
(J) is certified to be a home health agency for
purposes of title XVIII of the Social Security Act or
meets the requirements to be so certified; and
(K) meets such other requirements as the Secretary
may determine are necessary (i) to assure the safe and
effective provision of home infusion therapy services,
and (ii) respecting the quality of the provision of
such services and the charges for such services.
A protocol referred to in subparagraph (I) shall include a
provision for appropriate notification of individuals receiving
home infusion therapy services in the event of the cancellation
of the provision of those services.
(c) Enforcement.--
(1) Providers.--Any person who provides (or arranges for
the provision of) home infusion therapy services in violation
of subsection (a)(1) is subject to a civil money penalty (in an
amount specified by the Secretary, but not to exceed $10,000)
for each such violation. The Secretary may file an action to
enjoin persons from violating subsection (a)(1).
(2) States.--The Secretary shall establish a process for
determining whether or not a State is complying with the
requirement of subsection (a)(2). Before determining that a
State has not established a licensing system that complies with
such requirement, the Secretary shall provide the State with
notice and opportunity to respond and correct any deficiencies
identified by the Secretary.
(d) Authorization of Appropriations; State Grants; Licensing
Fees.--
(1) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such amounts as may be
necessary for the Secretary to carry out this section.
(2) Startup grants.--The Secretary is authorized to make
grants to States in order to enable those States initially to
establish the licensing system required under subsection
(a)(2).
(3) Licensing fees.--Nothing in this Act shall be construed
as preventing a State from requiring payment of a fee from a
provider as a condition of licensing under subsection (a)(1) in
order to reimburse the State for the costs of operating the
licensing system provided under subsection (a)(2).
SEC. 3. LIMITATION ON PHYSICIAN REFERRALS.
(a) General Rule.--Except as provided in this section, if a
physician (or an immediate family member of such physician) has a
financial relationship with an entity described in section 1877(a)(2)
of the Social Security Act, then the physician may not make a referral
to the entity for the furnishing of home infusion therapy services.
(b) Incorporation of Medicare Physician Ownership and Referral
Provisions.--The provisions of subsections (b) through (h) of section
1877 of the Social Security Act (other than subsections (f) and (g)(1))
shall apply with respect to subsection (a) of this section in the same
manner as they apply to section 1877(a) of such Act. In applying the
previous sentence, any reference to a ``designated health service'' is
deemed to be a reference to home infusion therapy services.
(c) Treatment of Prescription as a Referral.--In applying
subsection (b) and in addition to section 1877(h)(5) of the Social
Security Act, the prescription of a drug to be administered through
home infusion constitutes a ``referral'' by a ``referring physician''.
SEC. 4. HOME INFUSION THERAPY SERVICES DEFINED.
For purposes of this Act, the term ``home infusion therapy
services'' means the nursing, pharmacy, and related services, including
medical supplies, intravenous fluids, delivery, and equipment, required
for the provision of therapeutic agents to patients by parenteral
administration, including intravenous, intra-arterial, subcutaneous,
epidural, intrathecal, intramuscular, and peritoneal infusion, by an
enteral feeding tube for the purpose of improving or maintaining an
individual's health condition in the individual's residence.
SEC. 5. STUDY OF MEDICARE IN-HOME COVERAGE OF CERTAIN INFUSION THERAPY
SERVICES.
(a) In General.--The Secretary shall conduct a study of the
feasibility and economic impact of covering under part B of title XVIII
of the Social Security Act on an in-home basis those infusion therapy
services that would otherwise be covered under part A of such title.
(b) Report.--The Secretary shall submit to Congress, by not later
than one year after the date of the enactment of this Act, a report on
the study conducted under subsection (a). Such report shall include
such recommendations respecting coverage of home infusion therapy
services under part B of title XVIII of the Social Security Act as the
Secretary deems appropriate.
SEC. 6. EFFECTIVE DATES.
(a) Licensing Requirement.--
(1) In general.--Except as provided in paragraph (2),
section 2(a) shall apply to home infusion therapy services
provided on or after the first day of the first month that
begins more than 90 days after the date of the enactment of
this Act, without regard to whether or not the Secretary
Services issues final regulations to carry out such section by
such date.
(2) Exception where state legislation required.--In the
case of a State which the Secretary determines requires State
legislation (other than legislation appropriating funds) in
order for the State to provide for the licensing required under
section 2(a)(2), section 2(a) shall not apply in the State for
home infusion therapy services provided before the first day of
the first calendar quarter beginning after the close of the
first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of
the previous sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature.
(b) Limitation on Referrals.--Section 3 shall apply to referrals
made after December 31, 1995. | Sarah Weber Home Infusion Consumer Protection Act of 1995 - Prohibits any: (1) person from providing home infusion therapy services in a State unless the person is licensed by the State to provide such services; and (2) State from licensing such a person unless the person meets licensing standards established under this Act.
Authorizes appropriations.
Authorizes grants to States for establishing the licensing system.
Prohibits a physician who has a financial relationship with an entity described in specified provisions of title XVIII (Medicare) of the Social Security Act from making a referral to such an entity for the furnishing of such services. Makes Medicare physician ownership and referral provisions applicable to this Act. Specifies that the prescription of a drug to be administered through home infusion shall constitute a referral by a physician. | {"src": "billsum_train", "title": "Sarah Weber Home Infusion Consumer Protection Act of 1995"} | 1,925 | 180 | 0.638203 | 1.968352 | 0.878943 | 3.372549 | 11.254902 | 0.915033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Expedite and Advance
Responsible Tribal Homeownership Act of 2011'' or the ``HEARTH Act of
2011''.
SEC. 2. APPROVAL OF, AND PROVISIONS RELATING TO, TRIBAL LEASES.
(a) Definitions.--Subsection (d) of the first section of the Act of
August 9, 1955 (25 U.S.C. 415(d)) (commonly known as the ``Long-Term
Leasing Act''), is amended--
(1) in paragraph (4), by striking ``the Navajo Nation'' and
inserting ``an applicable Indian tribe'';
(2) in paragraph (6), by striking ``the Navajo Nation'' and
inserting ``an Indian tribe'';
(3) in paragraph (7), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (8)--
(A) by striking ``the Navajo Nation'';
(B) by striking ``with Navajo Nation law'' and
inserting ``with applicable tribal law''; and
(C) by striking the period at the end and inserting
``; and''; and
(5) by adding at the end the following:
``(9) the term `Indian tribe' has the meaning given the
term in section 102 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a).''.
(b) Tribal Approval of Leases.--The first section of the Act of
August 9, 1955 (25 U.S.C. 415) (commonly known as the ``Long-Term
Leasing Act''), is amended by adding at the end the following:
``(h) Tribal Approval of Leases.--
``(1) In general.--Subject to paragraph (2) and at the
discretion of any Indian tribe, any lease by the Indian tribe
for the purposes authorized under subsection (a), except a
lease for the exploration, development, or extraction of any
mineral resources, shall not require the approval of the
Secretary if the lease is executed under the tribal regulations
approved by the Secretary under this subsection and the term of
the lease does not exceed--
``(A) in the case of a business or agricultural
lease, 25 years, except that any such lease may include
an option to renew for up to 2 additional terms, each
of which may not exceed 25 years; and
``(B) in the case of a lease for public, religious,
educational, recreational, or residential purposes, 75
years, if such a term is provided for by the
regulations issued by the Indian tribe.
``(2) Allotted land.--Paragraph (1) shall not apply to any
lease of land (including an interest in land) held in trust for
an individual Indian.
``(3) Authority of secretary over tribal regulations.--
``(A) In general.--The Secretary shall have the
authority to approve or disapprove any tribal
regulations issued in accordance with paragraph (1).
``(B) Considerations for approval.--The Secretary
shall approve any tribal regulation issued in
accordance with paragraph (1), if the tribal
regulations--
``(i) are consistent with any regulations
issued by the Secretary under subsection (a);
and
``(ii) provide for an environmental review
process that includes--
``(I) the identification and
evaluation of any significant effects
of the proposed action on the
environment; and
``(II) a process for ensuring
that--
``(aa) the public is
informed of, and has a
reasonable opportunity to
comment on, any significant
environmental impacts of the
proposed action identified by
the Indian tribe; and
``(bb) the Indian tribe
provides responses to relevant
and substantive public comments
on those impacts before the
Indian tribe approves the
lease.
``(4) Review process.--
``(A) In general.--Not later than 120 days after
the date on which the tribal regulations described in
paragraph (1) are submitted to the Secretary, the
Secretary shall review and approve or disapprove the
regulations.
``(B) Written documentation.--If the Secretary
disapproves the tribal regulations described in
paragraph (1), the Secretary shall include written
documentation with the disapproval notification that
describes the basis for the disapproval.
``(C) Extension.--The deadline described in
subparagraph (A) may be extended by the Secretary,
after consultation with the Indian tribe.
``(5) Federal environmental review.--Notwithstanding
paragraphs (3) and (4), if an Indian tribe carries out a
project or activity funded by a Federal agency, the Indian
tribe shall have the authority to rely on the environmental
review process of the applicable Federal agency rather than any
tribal environmental review process under this subsection.
``(6) Documentation.--If an Indian tribe executes a lease
pursuant to tribal regulations under paragraph (1), the Indian
tribe shall provide the Secretary with--
``(A) a copy of the lease, including any amendments
or renewals to the lease; and
``(B) in the case of tribal regulations or a lease
that allows for lease payments to be made directly to
the Indian tribe, documentation of the lease payments
that are sufficient to enable the Secretary to
discharge the trust responsibility of the United States
under paragraph (7).
``(7) Trust responsibility.--
``(A) In general.--The United States shall not be
liable for losses sustained by any party to a lease
executed pursuant to tribal regulations under paragraph
(1).
``(B) Authority of secretary.--Pursuant to the
authority of the Secretary to fulfill the trust
obligation of the United States to the applicable
Indian tribe under Federal law (including regulations),
the Secretary may, upon reasonable notice from the
applicable Indian tribe and at the discretion of the
Secretary, enforce the provisions of, or cancel, any
lease executed by the Indian tribe under paragraph (1).
``(8) Compliance.--
``(A) In general.--An interested party, after
exhausting of any applicable tribal remedies, may
submit a petition to the Secretary, at such time and in
such form as the Secretary determines to be
appropriate, to review the compliance of the applicable
Indian tribe with any tribal regulations approved by
the Secretary under this subsection.
``(B) Violations.--If, after carrying out a review
under subparagraph (A), the Secretary determines that
the tribal regulations were violated, the Secretary may
take any action the Secretary determines to be
necessary to remedy the violation, including rescinding
the approval of the tribal regulations and reassuming
responsibility for the approval of leases of tribal
trust lands.
``(C) Documentation.--If the Secretary determines
that a violation of the tribal regulations has occurred
and a remedy is necessary, the Secretary shall--
``(i) make a written determination with
respect to the regulations that have been
violated;
``(ii) provide the applicable Indian tribe
with a written notice of the alleged violation
together with such written determination; and
``(iii) prior to the exercise of any
remedy, the rescission of the approval of the
regulation involved, or the reassumption of
lease approval responsibilities, provide the
applicable Indian tribe with--
``(I) a hearing that is on the
record; and
``(II) a reasonable opportunity to
cure the alleged violation.
``(9) Savings clause.--Nothing in this subsection shall
affect subsection (e) or any tribal regulations issued under
that subsection.''.
(c) Land Title Reports.--
(1) In general.--Not later than 180 days after the date on
which funds are first made available to carry out this Act, the
Bureau of Indian Affairs shall prepare and submit to the
Committees on Financial Services and Natural Resources of the
House of Representatives and the Committees on Banking,
Housing, and Urban Affairs and Indian Affairs of the Senate a
report regarding the history and experience of Indian tribes
that have chosen to assume responsibility for operating the
Indian Land Title and Records Office (referred to in this
subsection as the ``LTRO'') functions from the Bureau of Indian
Affairs.
(2) Consultation.--In conducting the review under paragraph
(1), the Bureau of Indian Affairs shall consult with the
Department of Housing and Urban Development Office of Native
American Programs and the Indian tribes that are managing LTRO
functions (referred to in this subsection as the ``managing
Indian tribes'').
(3) Contents.--The review under paragraph (1) shall include
an analysis of the following factors:
(A) Whether and how tribal management of the LTRO
functions has expedited the processing and issuance of
Indian land title certifications as compared to the
period during which the Bureau of Indian Affairs
managed the programs.
(B) Whether and how tribal management of the LTRO
functions has increased home ownership among the
population of the managing Indian tribe.
(C) What internal preparations and processes were
required of the managing Indian tribes prior to
assuming management of the LTRO functions.
(D) Whether tribal management of the LTRO functions
resulted in a transfer of financial resources and
manpower from the Bureau of Indian Affairs to the
managing Indian tribes and, if so, what transfers were
undertaken.
(E) Whether, in appropriate circumstances and with
the approval of geographically proximate Indian tribes,
the LTRO functions may be performed by a single Indian
tribe or a tribal consortium in a cost effective
manner. | Helping Expedite and Advance Responsible Tribal Homeownership Act of 2011 or HEARTH Act of 2011 - Extends to any Indian tribe the discretion granted under current law only to the Navajo Nation to lease restricted lands for business, agricultural, public, religious, educational, recreational, or residential purposes without the approval of the Secretary of the Interior. (The Secretary must still approve the tribal regulations under which those leases are executed and mining leases still require the Secretary's approval.)
Sets forth the environmental review process required under tribal lease regulations before those regulations obtain the Secretary's approval. Requires the process to identify and evaluate any significant effects a proposed lease may have on the environment and allow public comment on those effects.
Allows tribes to rely on a federal environmental review process rather than the tribal environmental review process if the project under review is federally funded.
Directs the Bureau of Indian Affairs (BIA) to report to Congress on the history and experience of Indian tribes that have chosen to assume the BIA's responsibility for operating the Indian Land Title and Records Office. | {"src": "billsum_train", "title": "A bill to amend the Long-Term Leasing Act, and for other purposes."} | 2,097 | 239 | 0.545269 | 1.526916 | 0.91308 | 2.344828 | 9.817734 | 0.876847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Megan's Law of 2008''.
SEC. 2. FINDINGS AND DECLARATION OF PURPOSES.
(a) Findings.--Congress finds the following:
(1) Megan Nicole Kanka, who was 7 years old, was abducted,
sexually assaulted, and murdered in 1994, in the State of New
Jersey by a violent predator who had been convicted previously
of a sex offense.
(2) In 1996, Congress adopted Megan's Law (Public Law 104-
145) as a means to encourage States to inform the public of sex
offenders who had been convicted and are present in their
communities.
(3) In 2006, Congress adopted the Sex Offender Registration
and Notification Act (title I of Public Law 109-248), which
further strengthens the national standards for sex offender
registration and public notification.
(4) Since 2003, U.S. Immigration and Customs Enforcement
has made nearly 11,000 arrests, including over 9,100 arrests of
non-United States citizens, of persons suspected of illegally
exploiting children. Violations include child pornography,
child sex tourism and facilitators, and trafficking of minors.
(5) It is estimated that more than 2 million children are
exploited each year in the global commercial sex trade.
(b) Declaration of Purposes.--The purposes of this Act and the
amendments made by this Act are to prevent the international travel of
sex traffickers and other sex offenders who intend to commit a sexual
offense by--
(1) expanding access to information about known sex
offenders in the United States who intend to travel outside the
United States;
(2) ensuring that foreign nationals who have committed a
sex offense are denied entry into the United States;
(3) including information in the annual report to Congress
required by section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)) regarding the
establishment of systems to identify and provide notice of
international travel by sex offenders to destination countries;
and
(4) providing assistance to foreign countries under the
Foreign Assistance Act of 1961 to meet the requirements
described in paragraph (3).
SEC. 3. SEX OFFENDER TRAVEL REPORTING REQUIREMENT.
(a) Duty To Report.--An individual who is required to register
pursuant to section 113 of the Sex Offender Registration and
Notification Act shall notify an appropriate jurisdiction or
jurisdictions in conformity with the rules issued under subsection (b)
not later than 21 days before departure to or arrival from a foreign
place. A jurisdiction so notified shall promptly inform the Secretary
of Homeland Security and the Attorney General.
(b) Rules for Reporting.--Not later than 90 days after the
enactment of this Act, the Secretary of Homeland Security and the
Attorney General shall make rules to carry out subsection (a) in the
light of the purposes of this Act. Such rules--
(1) shall establish procedures for reporting under
subsection (a);
(2) shall set forth the information required to be
reported; and
(3) may provide for appropriate alternative reporting in
situations, such as emergencies, where the requirement of
subsection (a) is impracticable or inappropriate.
(c) Criminal Penalty for Failure To Report.--
(1) New offense.--Section 2250 of title 18, United States
Code, is amended by adding at the end the following:
``(d) Whoever knowingly fails to report his or her travel to or
from a foreign place as required by the International Megan's Law of
2007 shall be fined under this title or imprisoned not more than 10
years, or both.''.
(2) Amendment to heading of section.--The heading for
section 2250 of title 18, United States Code, is amended by
inserting ``or report international travel'' after
``register''.
(3) Conforming amendment to affirmative defense.--Section
2250(b) of title 18, United States Code, is amended by
inserting ``or (d)'' after ``(a)''.
(4) Conforming amendment to federal penalties for violent
crimes.--Section 2250(c) of title 18, United States Code, is
amended by inserting ``or (d)'' after ``(a)'' each place it
appears.
(5) Clerical amendment.--The item relating to section 2250
in the table of sections at the beginning of chapter 109B of
title 18, United States Code, is amended by inserting ``or
report international travel'' after ``register''.
(d) Duty To Notify Sex Offenders of Reporting Requirement.--When an
official is required under the Sex Offender Registration and
Notification Act to notify an offender of a duty to register under that
Act, the official shall also, at the same time--
(1) notify that offender of that offender's duty to report
under this section and the procedure for fulfilling that duty;
and
(2) require the offender to read and sign a form stating
that the duty to report and the procedure for reporting has
been explained and that the offender understands the reporting
requirement.
SEC. 4. NOTIFICATION TO FOREIGN AUTHORITIES OF INTERNATIONAL TRAVEL BY
SEX OFFENDERS.
(a) In General.--In order to protect children and others and
prevent sex trafficking, the Secretary of Homeland Security shall
establish a system in consultation with the Attorney General and the
Secretary of State whereby the appropriate authorities in relevant
foreign countries or territories are notified in a timely manner about
travel outside the United States by persons required to register under
the Sex Offender Registration and Notification Act and to report
pursuant to section 3 of this Act.
(b) Foreign Authorities To Be Given Sufficient Information.--Each
foreign authority notified under subsection (a) shall be given
sufficient identifying information so as to be able to properly
identify and track the registered individual.
(c) Technical Assistance.--The Secretary of State may provide
technical assistance to foreign authorities in order to enable such
authorities to participate more effectively in the notification program
established under this section.
SEC. 5. IMMIGRATION LAW REFORM TO PREVENT ADMISSION OF SEX OFFENDERS TO
THE UNITED STATES.
Section 212(a)(2) of the Immigration and Nationality Act (8
U.S.C.1182(a)(2)) is amended by adding at the end the following:
``(J) Sex offenders.--Any alien convicted of, or
who admits having committed, or who admits committing
acts which constitute the essential elements of, a sex
offense (as defined in section 111 of the Sex Offender
Registration and Notification Act (title I of Public
Law 109-248)) is inadmissible.''.
SEC. 6. ANNUAL REPORT ON STATUS OF SEVERE FORMS OF TRAFFICKING IN
PERSONS AND IMPLEMENTATION ASSESSMENT.
(a) In General.--Section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E);
and
(3) by inserting after subparagraph (C) the following:
``(D)(i) a list of those countries that have
established a system--
``(I) to identify sex offenders (as defined
for purposes of the Sex Offender Registration
and Notification Act (title I of Public Law
109-248; 42 U.S.C. 16911)) traveling to the
United States or any other country; and
``(II) to notify the United States or the
other country of--
``(aa) the identity of the
individual,
``(bb) the nature of the sex
offense for which the individual was
convicted, and
``(cc) the anticipated manner,
date, and time of the individual's
arrival in the United States or the
other country,
prior to the individual's travel;
``(ii) a list of those countries that are making
substantial progress in establishing a system pursuant
to clause (i), and the estimated time of completion;
``(iii) a list of those countries that do not have
and are not making substantial progress in establishing
a system pursuant to clause (i); and
``(iv) an assessment as to the progress made and
difficulties that exist in establishing a system
pursuant to clause (i) on a global scale, and the
extent of inter-country cooperation with respect to sex
offender travel notifications; and''.
(b) Assessment Required.--Not later than two years after the date
of the enactment of this Act, the President shall transmit to the
appropriate congressional committees an assessment based on the
information provided pursuant to subparagraph (D) of section 110(b)(1)
of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)
(as added by subsection (a) of this section), as to how an amendment to
section 108(a) of such Act (22 U.S.C. 7106(a)) to include the
establishment of a system described in subparagraph (D) of section
110(b)(1) of such Act (as added by subsection (a) of this section)
would facilitate and contribute to advancing the establishment of such
a system on a global scale.
(c) Appropriate Congressional Committees Defined.--For purposes of
subsection (b), the term ``appropriate congressional committees'' means
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate.
SEC. 7. ASSISTANCE TO FOREIGN COUNTRIES TO MEET MINIMUM STANDARDS FOR
THE ELIMINATION OF TRAFFICKING.
(a) In General.--The President is strongly encouraged to exercise
the authorities of section 134 of the Foreign Assistance Act of 1961
(22 U.S.C. 2152d) to provide assistance to foreign countries directly,
or through nongovernmental and multilateral organizations, for
programs, projects, and activities designed to establish systems to
identify and provide notification of sex offenders traveling to the
United States or any other country.
(b) Definition.--In this section, the term ``sex offender'' has the
meaning given the term for purposes of the Sex Offender Registration
and Notification Act (title I of Public Law 109-248; 42 U.S.C. 16911)).
SEC. 8. CONGRESSIONAL REPORT.
(a) Report Required.--Not later than one year after the enactment
of this Act and every year for 4 years thereafter, the President shall
submit to the appropriate congressional committees a report on the
implementation of this Act and the amendments made by this Act,
including--
(1) the number of sex offenders who report travel to or
from a foreign place pursuant to section 3(a) of this Act;
(2) the number of sex offenders prosecuted and convicted
for failing to report travel to or from a foreign place
pursuant to section 3(a) of this Act; and
(3) what actions have been taken, if any, by foreign
countries and territories of destination following notification
pursuant to section 4 of this Act.
(b) Appropriate Congressional Committees Defined.--For purposes of
subsection (a), the term ``appropriate congressional committees'' means
the Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act and the amendments made by this Act, there
are authorized to be appropriated such sums as may be necessary for
each of the fiscal years 2009 through 2013. | International Megan's Law of 2008 - Requires registered sex offenders to report their departure to or arrival from a foreign place not later than 21 days before such departure or arrival. Imposes a fine and/or prison term of up to 10 years for failure to report such travel.
Requires the Secretary of Homeland Security to establish a system of notice to foreign countries about travel outside of the United States by registered sex offenders.
Amends the Immigration and Nationality Act to make convicted sex offenders inadmissible to the United States.
Amends the Trafficking Victims Protection Act of 2000 to include in the annual report of the Secretary of State on the status of severe forms of human trafficking efforts of foreign countries to identify and provide notice of international travel by sex offenders.
Encourages the President to use authorities under the Foreign Assistance Act of 1961 to assist foreign countries in identifying and providing notice of sex offenders traveling to the United States and other countries. | {"src": "billsum_train", "title": "To mandate reporting requirements for convicted sex traffickers and other sex offenders intending to engage in international travel, to provide advance notice of convicted sex offenders who intend to travel outside the United States to the government of the country of destination, to prevent entry into the United States by any foreign sex offender, and for other purposes."} | 2,694 | 221 | 0.565255 | 1.62276 | 0.723999 | 3.124294 | 13.073446 | 0.920904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job and Life Skills Improvement Act
of 1993''.
SEC. 2. ESTABLISHMENT OF JOB AND LIFE SKILLS IMPROVEMENT PROGRAM.
(a) In General.--Title IV of the Job Training Partnership Act (29
U.S.C. 1671 et seq.) is amended by adding at the end the following new
part:
``Part K--Job and Life Skills Improvement Program
``SEC. 499F. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to establish a
national program of Job and Life Skills Improvement grants to pay the
Federal share attributable to this part of providing comprehensive
services to youth and young adults living in high poverty areas in the
cities and rural areas of the United States.
``(b) Eligibility.--The Secretary may only award grants under this
part to--
``(1) a private industry council or nonprofit private
organization which is providing services in a target area of a
participating community;
``(2) in the case of a grant involving a target area
located in an Indian reservation or Alaska Native village, the
grantee designated under subsection (c) or (d) of section 401,
or a consortium of such grantees and the State; or
``(3) in the case of a grant involving a target area
located in a migrant or seasonal farmworker community, the
grantee designated under section 402(c), or a consortium of
such grantees and the State.
``(c) Renewability of Grants.--
``(1) In general.--Grants awarded under this part shall be
for a 1-year period. Such a grant shall be renewable for each
of the 2 succeeding fiscal years if the Secretary determines
the grant recipient complied with conditions of the grant
during the previous fiscal year.
``(2) Extension.--The Secretary may extend the renewal
period set forth in paragraph (1) for an additional 2 fiscal
years on reapplication.
``SEC. 499G. APPLICATION.
``(a) Eligibility.--Participating communities that have the highest
concentrations of poverty, as determined by the Secretary based on the
latest Bureau of the Census estimates, shall be eligible to apply for a
Job and Life Skills Improvement grant.
``(b) Contents.--
``(1) In general.--Each participating community desiring a
grant under this part shall, through the individuals or
entities set forth in subsection (c), submit an application to
the Secretary which meets the requirements of paragraph (2).
``(2) Requirements.--An application meets the requirements
of this paragraph if the application is submitted at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require, including--
``(A) a comprehensive plan for the Job and Life
Skills Improvement initiative designed to achieve
identifiable goals for youth and young adults in the
target area;
``(B) measurable program goals and outcomes, which
may include increasing the proportion of--
``(i) youth and young adults completing
high school or its equivalent;
``(ii) youth and young adults entering into
postsecondary institutions, apprenticeships, or
other advanced training programs;
``(iii) youth and young adults placed in
jobs; or
``(iv) youth and young adults participating
in education, training, and employment
services;
``(C) supporting goals for the target area such as
increasing security and safety, or reducing the number
of drug-related arrests;
``(D) assurances that the applicant will comply
with the terms of the agreement described in section
499H;
``(E) a description of how the participating
community will make use of the resources, expertise,
and commitment of institutions of higher education,
educational agencies, and vocational and technical
schools and institutes;
``(F) an assurance that all youth and young adults
in the target areas will have access to a coordinated
and comprehensive range of education and training
opportunities that serve the broadest range of the
interests and needs of youth and young adults and
simultaneously mobilizes the diverse range of education
and training providers in the participating community;
``(G) assurances that the youth and young adults in
the target area will have access to supportive services
necessary for successful participation, including such
services as child care, transportation, and assistance
in resolving personal or family crises, such as crises
related to substance abuse, homelessness, migration,
and family violence;
``(H) a description of a system of common intake
procedures or sites, individualized assessment, and
case management to be used by the program;
``(I) a description of how the participating
community will make use of the resources, expertise,
and commitment of such programs and service providers
as--
``(i) community-based organizations
providing vocational skills, literacy skills,
remedial education, and general equivalency
preparation, including community-based
organizations serving youth and young adults
with limited-English proficiency;
``(ii) youth corps programs, including
youth conservation and human service corps;
``(iii) Job Corps centers;
``(iv) apprenticeship programs; and
``(v) other projects and programs funded
under this Act;
``(J) an estimate of the expected number of youth
and young adults in the target area to be served;
``(K) a description of the resources available in
the participating community from private, local
government, State, and Federal sources that will be
used to achieve the goals of the program; and
``(L) an estimate of funds required to ensure
access to appropriate education, training, and support
services for all youth and young adults in the target
area who seek such opportunities.
``(c) Submission of Application.--The application for funds
described in subsection (b) may only be submitted to the Secretary on
behalf of a participating community by--
``(1) the private industry council;
``(2) the nonprofit private organization; or
``(3) a grantee or consortium described in paragraph (2) or
(3) of section 499F(b) in applications for Native American or
migrant or seasonal farmworker communities, respectively.
``SEC. 499H. GRANT AGREEMENT.
``(a) In General.--Each grant recipient receiving a grant under
this part on behalf of a participating community shall enter into an
agreement with the Secretary.
``(b) Contents.--Each such agreement shall--
``(1) designate a target area that--
``(A) will be the focus of the demonstration
project; and
``(B) shall have a population of--
``(i) not more than 25,000; or
``(ii) in an appropriate case, not more
than 50,000,
except that in the event that the population of an area
from which a high school draws a substantial portion of
its enrollment exceeds either limit, the target area
may encompass such boundary;
``(2) contain assurances that funds provided under this
part will be used to support education, training, and
supportive activities selected from a set of youth and young
adult program models designated by the Secretary or from
alternative models described in the application and approved by
the Secretary;
``(3) provide that funds received under this part will be
used--
``(A) for services to youth and young adults ages
14 through 30 at the time of enrollment; and
``(B) to provide stipends to youth and young adults
ages 17 to 30 at the time of enrollment for participant
support in paid work experience and classroom programs
(if such programs are combined with other education and
training activities), except that employment provided
to any such youth or young adult may not exceed 20
hours per week and the amount of such stipend shall
reflect the cost of living in the participating
community;
``(4) contain assurances that the local educational agency
and any other educational agency that operates secondary
schools in the target area shall provide such activities and
resources as are necessary to achieve the educational goals
specified in the application;
``(5) contain assurances that the participating community
will provide such activities and local resources as are
necessary to achieve the goals specified in the application;
``(6) contain assurances that the participating community
will undertake outreach and recruitment efforts in the target
area to encourage, to the maximum extent possible,
participation by the disadvantaged youth and young adults who
are currently unserved, or underserved, by education and
training programs, including targeted measures specifically
designed to enlist the participation of youth and young adults,
particularly males, under the jurisdiction of the child
welfare, juvenile justice, and criminal justice systems;
``(7) provide that the participating community will carry
out special efforts to establish coordination with Federal,
State, or local programs that serve the target population;
``(8) provide assurances that funds provided under this
part for a fiscal year will be used only to pay the Federal
share attributable to this part of the cost of programs and
services not otherwise available in the target area and will
supplement, and not supplant, funding from other local, State,
and Federal sources available to youth and young adults in the
target area during the previous year; and
``(9) permit funds provided under this part to be used to
support paid work experience programs if such programs are
combined with other education and training activities.
SEC. 499I. PAYMENTS AND FEDERAL SHARE.
``(a) Payments Required.--In any fiscal year, the amount of a grant
awarded under this part shall be based on the size of the target area
and the extent of the poverty in such area, and shall be of sufficient
size and scope to carry out an effective program under this part.
``(b) Federal Share.--The Federal share attributable to this part
of the cost of providing comprehensive services as provided in section
499F(a) shall be not less than 70 percent for each fiscal year a grant
recipient receives assistance under this Act.
``(c) Other Federal Sources.--In providing for the remaining share
of such cost, each grant recipient may provide not more than 20 percent
of such cost from Federal sources other than funds received pursuant to
this part.
``(d) Non-Federal Share.--A grant recipient shall provide non-
Federal funds in an amount not less than 10 percent of such cost, an
in-kind contribution equivalent to such percent (as determined by the
Secretary), or a combination thereof.
``SEC. 499J. REPORTING.
``The Secretary is authorized to establish such reporting
procedures as are necessary to carry out the purposes of this part.
``SEC. 499K. FEDERAL RESPONSIBILITIES.
``(a) In General.--The Secretary shall provide assistance to
participating communities in implementing the projects assisted under
this part.
``(b) Independent Evaluation.--
``(1) In general.--The Secretary shall provide for a
thorough, independent evaluation of the Job and Life Skills
Improvement program to assess the outcomes of youth and young
adults participating in programs assisted under this part.
``(2) Evaluation measures.--In conducting the evaluation
described in paragraph (1) the Secretary shall include an
assessment of--
``(A) the impact on youth and young adults residing
in target areas, including the rates of school
completion, enrollment in advanced education or
training, and employment of the youth and young adults;
``(B) the extent to which participating communities
fulfilled the goal of guaranteed access to appropriate
education, training, and supportive services to all
eligible youth and young adults residing in target
areas who seek to participate;
``(C) the effectiveness of guaranteed access to
comprehensive services combined with outreach and
recruitment efforts in enlisting the participation of
previously unserved or underserved youth and young
adults residing in target areas;
``(D) the effectiveness of efforts to integrate
service delivery in target areas, including systems of
common intake, assessment, and case management; and
``(E) the feasibility of extending guaranteed
access to comprehensive education, training, and
support services for youth and young adults in all
areas of the United States, including possible
approaches to incremental extension of such access over
time.
``(c) Report.--The Secretary shall prepare a report detailing the
results of the independent evaluation described in subsection (b) and
shall submit such report to the Congress not later than December 31,
1996, along with an analysis of expenditures made, results achieved,
and problems in the operations and coordination of programs assisted
under this part.
``(d) Reservation of Funds.--The Secretary may reserve not more
than 5 percent of the amount appropriated under this part in each
fiscal year to carry out the provisions of this section.
``SEC. 499L. DEFINITIONS.
``For the purposes of this part--
``(1) High poverty area.--The term `high poverty area'
means an urban census tract, a nonmetropolitan county, a Native
American Indian reservation, or an Alaska Native village, with
a poverty rate of 30 percent or more, as determined by the
Bureau of the Census, or a migrant or seasonal farmworker
community.
``(2) Participating community.--The term `participating
community'--
``(A) in the case of a community conducting a
project in an urban area, means a city in a
metropolitan statistical area;
``(B) in the case of a community conducting a
project in a rural area, means a nonmetropolitan county
or contiguous nonmetropolitan counties;
``(C) in the case of a community conducting a
project in an Indian reservation or Alaska Native
village, the grantee designated under subsection (c) or
(d) of section 401, or a consortium of such grantees
and the State; or
``(D) in the case of a community conducting a
project in a migrant or seasonal farmworker community,
the grantee designated under section 402(c), or a
consortium of such grantees and the State.
``(3) Target area.--The term `target area' means a high
poverty area or set of contiguous high poverty areas that will
be the focus of the program in each participating community.''.
(b) Conforming Amendment.--The table of contents relating to the
Act is amended by inserting after the item relating to section 499C the
following new items:
``Part K--Job and Life Skills Improvement Program
``Sec. 499F. Program authorized.
``Sec. 499G. Application.
``Sec. 499H. Grant agreement.
``Sec. 499I. Payments and federal share.
``Sec. 499J. Reporting.
``Sec. 499K. Federal responsibilities.
``Sec. 4989L. Definitions.''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 3(c) of the Job Training Partnership Act (29 U.S.C.
1502(c)) is amended by adding at the end the following new paragraph:
``(6) There are authorized to be appropriated to carry out part K
of title IV $5,000,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1998.''.
SEC. 4. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 1993, or the date of the enactment of this Act, whichever
occurs later. | Job and Life Skills Improvement Act of 1993 - Amends the Job Training Partnership Act to authorize the Secretary of Labor to establish a national program of Job and Life Skills Improvement grants to eligible entities to pay the Federal share of providing comprehensive services to youth and young adults in high poverty urban and rural areas.
Authorizes appropriations. | {"src": "billsum_train", "title": "Job and Life Skills Improvement Act of 1993"} | 3,436 | 70 | 0.573891 | 1.287177 | 1.22597 | 4.419355 | 51.983871 | 0.935484 |
SECTION 1. FINDINGS.
Congress finds that--
(1) methyl bromide is a highly effective fumigant used to
control insects, nematodes, weeds, and pathogens in more than
100 crops in domestic agriculture, in forest and ornamental
nurseries, and in wood products;
(2) the United States Department of Agriculture has spent
well over $100,000,000 attempting to find effective
alternatives to methyl bromide yet there are still many
domestic agriculture uses with no alternatives;
(3) the critical use exemption of the Montreal Protocol
allows for the use of ozone depleting substances beyond the
phase-out date if there are no technically and economically
feasible alternatives or substitutes available and the lack of
such options would result in a significant market disruption;
(4) accordingly, in 2001, the United States Environmental
Protection Agency and the United States Department of
Agriculture began the process under the Montreal Protocol to
document the amount of methyl bromide needed for critical uses
in domestic agriculture;
(5) the United States Environmental Protection Agency
assembled more than 45 Ph.D.s and other qualified reviewers
with expertise in both biological and economic issues to review
applications for methyl bromide critical use exemptions;
(6) rigorous review by the United States Environmental
Protection Agency of the critical use applications reduced by
22 percent the amount of methyl bromide initially requested by
agricultural sectors; and
(7) as confirmed by the Parties to the Montreal Protocol in
the ``Report of the Sixteenth Meeting of the Parties to the
Montreal Protocol on Substances that Deplete the Ozone Layer'',
the concept of ``availability'' in the context of the critical
use exemptions shall be primarily guided by the alternative's
market presence in sufficient quantities and accessibility,
taking into account, among other things, regulatory
constraints;
(8) after extensive research and technical review, the
United States State Department and the United States
Environmental Protection Agency have concluded that the
critical use methyl bromide that has been requested qualifies
as ``critical'' since it has been determined that for each use
the lack of availability of methyl bromide for that use would
result in a significant market disruption;
(9) after extensive research and technical review, the
United States State Department and the United States
Environmental Protection Agency have concluded that there are
no technically and economically feasible alternatives or
substitutes available that are acceptable from the standpoint
of the environment and health and that are suitable to the
crops and circumstances for the critical use methyl bromide
that has been requested in the nomination;
(10) the conclusions of the United States State Department
and the United States Environmental Protection Agency are
consistent with the restatement adopted at the Sixteenth
Meeting of the Parties to the Montreal Protocol of the criteria
that should be used to approve critical use requests;
(11) the United States 2006 CUE request represents
approximately .4 percent of the ozone depletion potential from
all ozone depleting substances in all countries when the
Montreal Protocol was negotiated in 1987;
(12) therefore, given the statistically minor impact on the
ozone layer and the lack of suitable feasible alternatives for
all uses at this time, legislation is needed in order to ensure
a reasonable transition for United States agriculture to the
complete phase-out of methyl bromide, legislation is necessary
to authorize the critical use exemption amounts identified by
the State Department for the year 2006, as reflected in the
Report of the Sixteenth Meeting of the Parties to the Montreal
Protocol on Substances that Deplete the Ozone Layer, Decision
XVI/2, Critical Use Exemptions Annex, Section IIA, IIB, and
Section III, and for the year 2007, as reflected in the Report
of the First Extraordinary Meeting of the Parties to the
Montreal Protocol on Substances that Deplete the Ozone Layer,
Annex III.
SEC. 2. CRITICAL USE EXEMPTIONS FOR METHYL BROMIDE.
Section 604(d)(6) of the Clean Air Act (42 U.S.C. 7671c(d)(6)) is
amended by inserting the following at the end thereof: ``For the year
2006, the United States critical use exemption shall be the sum of the
amounts identified in Decision XVI/2, Annex (Critical Use Exemptions),
Section IIA and Section III of the Parties to the Montreal Protocol as
set forth in Table I and, for the year 2007, the amount identified in
submissions of the United States State Department at the first
Extraordinary Meeting of the Parties to the Montreal Protocol as set
forth in Table I. The United States critical use exemptions for the
years 2006 and 2007 established by this section shall not be subject to
the conflict provision of section 614(b) of this Act. The Administrator
shall issue a final rule within 90 days of the enactment of this
sentence to authorize critical-use exemptions of the amounts listed in
Table 1 below and to allocate these amounts for critical-use exemptions
for each of the years 2006 and 2007.
``Critical Use Exemptions
------------------------------------------------------------------------
Critical Use Exemption 2006: Critical Use Exemption 2007:
------------------------------------------------------------------------
The amount approved by the Parties to the The amount submitted for the
Montreal Protocol (6897.68 tonnes) year 2007 by the U.S. State
recorded in Decision XVI, Annex (Critical Department at the first
Use Exemptions), Section IIA, and the Extraordinary Meeting of
amount approved in the interim by the the Parties to the Montreal
Parties to the Montreal Protocol Protocol (8425 tonnes)
(2194.583 tonnes) recorded in the recorded in the Report of
Sixteenth Meeting of the Parties to the the First Extraordinary
Montreal Protocol on Substances that Meeting of the Parties to
Deplete the Ozone Layer, Critical Use the Montreal Protocol on
Exemptions Annex, Section III, for a Substances that Deplete the
total of 9092.263 tonnes Ozone Layer, Annex III,
Appendix I)''.
------------------------------------------------------------------------ | Amends the Clean Air Act to establish critical use exemptions for methyl bromide for 2006 and 2007, incorporating critical use exemptions approved by the Parties to the Montreal Protocol and submitted by the U.S. State Department at the first Extraordinary Meeting of the Parties to the Montreal Protocol. | {"src": "billsum_train", "title": "To amend the Clean Air Act to authorize critical use exemption amounts for methy bromide as identified by the United States State Department for the years 2006 and 2007, and for other purposes."} | 1,337 | 64 | 0.511432 | 1.472385 | 0.639189 | 4.58 | 23.52 | 0.94 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pennsylvania
National Forest Improvement Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Disposal of administrative sites, Allegheny National Forest,
Pennsylvania.
Sec. 3. Conveyance of Sheffield Ranger District Headquarters, Warren
County, Pennsylvania.
Sec. 4. Conveyance of Marienville Ranger Residence, Forest County,
Pennsylvania.
Sec. 5. Disposition of funds.
Sec. 6. Administration of land acquired by United States.
Sec. 7. Relation to other conveyances authorities.
SEC. 2. DISPOSAL OF ADMINISTRATIVE SITES, ALLEGHENY NATIONAL FOREST,
PENNSYLVANIA.
(a) Disposal Authority.--The Secretary of Agriculture may convey,
by sale or exchange, any and all right, title, and interest of the
United States in and to the following National Forest System lands and
administrative sites:
(1) US Tract 121, Sheffield ranger residence, 0.41 acres,
as depicted on the plat titled ``Allegheny Unit, Allen M.
Gibson Tract 121, March 1942''.
(2) US Tract 904, 8.812 acres and US Tract 905, 0.869
acres, Ridgway Ranger District Headquarters, as depicted on the
plats titled ``Allegheny Unit, Harry R. & Eliza E. Larson Tract
904, 1959'' and ``Allegheny Unit, Leo S. & Laura A. Guth Tract
905, July 1948''.
(3) US Tract 896, an undeveloped administrative site, 2.42
acres, as depicted on the plat titled ``Allegheny Unit, Howard
L. Harp Tract 896, 1947''.
(4) US Tract 1047 (formerly Tracts 551, 551a,b,c), original
Marienville Ranger District Headquarters, 4.90 acres, as
depicted on the plat titled ``Marienville Ranger Station
Compound Tract 1047, August 1998''.
(5) US Tract 844, Marienville ranger residence, as depicted
on the plat titled ``Allegheny Unit, Peter B. DeSmet Tract 844,
1936'', except that portion of the tract shown as Lot 2, on the
Survey Plat prepared by D. M. Heller and dated December 12,
1999.
(b) Property Descriptions.--The maps referenced in subsection (a)
are the primary descriptions of the lands to which the maps refer. In
the event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The maps shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Consideration.--
(1) Authorized consideration.--As consideration for a
conveyance of land under subsection (a), the recipient of the
land, with the consent of the Secretary, may convey to the
Secretary other land, existing improvements, or improvements
constructed to the specifications of the Secretary.
(2) Cash equalization.--Notwithstanding any other provision
of law, the Secretary may accept a cash equalization payment in
excess of 25 percent of the value of any land and
administrative site exchanged under subsection (a).
(d) Applicable Law.--Except as otherwise provided in this section,
any conveyance of land under subsection (a) shall be subject to the
laws and regulations applicable to the conveyance and acquisition of
land for the National Forest System.
(e) Solicitation of Offers.--
(1) Conveyance priority.--In the selection of the recipient
of land under this section, the Secretary may give a preference
to public entities that agree to use the land for public
purposes.
(2) Terms and conditions.--The Secretary may solicit offers
for the conveyance of land under this section on such terms and
conditions as the Secretary may prescribe.
(3) Rejection of offers.--The Secretary may reject any
offer made under this section if the Secretary determines that
the offer is not adequate or not in the public interest.
(f) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
(g) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with any conveyance
under subsection (a) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 3. CONVEYANCE OF SHEFFIELD RANGER DISTRICT HEADQUARTERS, WARREN
COUNTY, PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture may convey
to the Warren County Development Association of Warren County,
Pennsylvania, all right, title, and interest of the United States in
and to US Tract 770, Sheffield Ranger District Headquarters, consisting
of 5.50 acres, as depicted on the plat titled ``Allegheny Unit, Elk
Tanning Company Tract 770, 1934''.
(b) Consideration.--As consideration for the conveyance under
subsection (a), the Warren County Development Association shall make to
the Secretary a lump sum payment of $100,000.
(c) Property Description.--The map referenced in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(d) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 4. CONVEYANCE OF MARIENVILLE RANGER RESIDENCE, FOREST COUNTY,
PENNSYLVANIA.
(a) Conveyance Authorized.--The Secretary of Agriculture may
convey, without consideration, to the Marrienville Volunteer Fire
Department of Forest County, Pennsylvania, all right, title, and
interest of the United States in and to that portion of US Tract 844,
Marienville ranger residence, as depicted as Lot 2, on the Survey Plat
prepared by D. M. Heller and dated December 12, 1999.
(b) Property Description.--The map referenced in subsection (a) is
the primary description of the lands to which the map refers. In the
event of a conflict between the map description and the metes and
bounds description of the lands, the map shall be deemed to be the
definitive description of the lands unless the map cannot be located.
The map shall be on file and available for public inspection in the
Office of the Chief of the Forest Service until the lands are disposed
of pursuant to this section.
(c) Revocations.--Notwithstanding any other provision of law, on
conveyance of land by the Secretary under this section, any public
order withdrawing the land from any form of appropriation under the
public land laws is revoked.
SEC. 5. DISPOSITION OF FUNDS.
(a) Deposit in Sisk Act Fund.--The Secretary of Agriculture shall
deposit in the fund established under Public Law 90-171 (16 U.S.C.
484a; commonly known as the Sisk Act)--
(1) the proceeds of a sale or exchange under section 2; and
(2) the consideration received pursuant to section 3(b).
(b) Use of Proceeds.--Subject to subsection (c), funds deposited
under subsection (a) shall be available to the Secretary, without
further appropriation, for--
(1) the acquisition, construction, or improvement of
administrative facilities and sites for the Allegheny National
Forest; or
(2) the acquisition of land and interests in land in the
Allegheny National Forest.
(c) Condition on Land Acquisition.--The acquisition of lands in the
Allegheny National Forest using funds deposited under subsection (a) is
subject to the condition that the market value of the acquired lands
may not exceed 125 percent of the market value of the lands disposed of
under this Act.
SEC. 6. ADMINISTRATION OF LAND ACQUIRED BY UNITED STATES.
Lands acquired by the Secretary of Agriculture under section 5(b)
or by exchange under section 2 shall be managed by the Secretary in
accordance with the Act of March 1, 1911 (commonly known as the Weeks
Act; 16 U.S.C. 480 et seq.) and other laws and regulations pertaining
to National Forest System lands. For the purposes of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), the
boundaries of the Allegheny National Forest, as adjusted on account of
the disposal and acquisition of lands under this Act, shall be
considered to be the boundaries of that national forest as of January
1, 1965.
SEC. 7. RELATION TO OTHER CONVEYANCES AUTHORITIES.
Except as expressly provided in this Act, nothing in this Act
affects any other authority of the Secretary of Agriculture to sell,
exchange, or acquire land. Lands authorized for disposal under this Act
shall not be subject to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.). | Pennsylvania National Forest Improvement Act of 2002 - Authorizes the Secretary of Agriculture to: (1) sell or exchange specified National Forest System lands and administrative sites in Pennsylvania; (2) convey the Sheffield Ranger District Headquarters to the Warren County Development Association, Warren County, Pennsylvania; and (3) convey the Marienville ranger residence to the Marienville Volunteer Fire Department, Forest County, Pennsylvania. | {"src": "billsum_train", "title": "To authorize the Secretary of Agriculture to convey certain lands and improvements associated with the National Forest System in the State of Pennsylvania, and for other purposes."} | 2,232 | 79 | 0.605026 | 1.757878 | 1.085866 | 3.243243 | 25.486486 | 0.972973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation Safety Act of
2009''.
SEC. 2. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.
The Secretary of Transportation shall modify regulations issued
pursuant to section 1402 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (23 U.S.C. 401 note; 119
Stat. 1227) to allow fire services personnel that are subject to the
regulations to wear apparel meeting the high visibility requirements
set forth in NFPA 1971-2007 (Standard on Protective Ensembles for
Structural Fire Fighting and Proximity Fire Fighting) in lieu of
apparel meeting the requirements set forth in ANSI/ISEA 107-2004.
SEC. 3. POSITIVE PROTECTIVE DEVICES.
Not later than 60 days after the date of enactment of this Act, the
Secretary of Transportation shall modify section 630.1108(a) of title
23, Code of Federal Regulations, to ensure that--
(1) at a minimum, positive protective measures are used to
separate workers on highway construction projects from
motorized traffic in all work zones conducted under traffic in
areas that offer workers no means of escape (e.g., tunnels,
bridges, etc.), unless an engineering analysis determines
otherwise;
(2) temporary longitudinal traffic barriers are used to
protect workers on highway construction projects in stationary
work zones lasting 2 weeks or more when the project design
speed is 45 miles per hour or greater and the nature of the
work requires workers to be within one lane-width from the edge
of a live travel lane, unless--
(A) an engineering analysis determines otherwise,
or
(B) the project is located in a State with a
population density of 20 or fewer persons per square
mile and the project is outside of an urbanized area
and the road's annual average daily traffic (AADT) load
is less than 100 vehicles per hour; and
(3) when positive protective devices are necessary for
highway construction projects, these devices are paid for on a
unit pay basis, unless doing so would create a conflict with
innovative contracting approaches, such as design-build or some
performance-based contracts where the contractor is paid to
assume a certain risk allocation and payment is generally made
on a lump sum basis.
SEC. 4. USE OF PATENTED OR PROPRIETARY ITEMS TO FURTHER STATE STRATEGIC
HIGHWAY SAFETY PLANS.
Section 112 of title 23, United States Code, is amended by adding
at the end the following:
``(h) Use of Patented or Proprietary Items To Further State
Strategic Highway Safety Plans.--
``(1) The Secretary shall approve the use of Federal funds
made available to carry out this chapter in the payment of
patented or proprietary items if the State transportation
department certifies, based on the documented analysis and
professional judgment of qualified State transportation
officials, that--
``(A) the patented or proprietary item will
contribute to the accomplishment of one or more goals
set forth in the State's strategic highway safety plan;
``(B) no equally suitable alternative item exists;
``(C) any specified patented or proprietary item
will be clearly identified as a patented or proprietary
item in bid documents; and
``(D) any patented or proprietary item specified
pursuant to this certification will be available in
sufficient quantity to complete any project identified
in bid documents.
``(2) The authority to utilize patented or proprietary
items provided in paragraph (1) is in addition to authority to
utilize such products that exists under this section and under
23 CFR 635.411 as in effect on March 2, 2009. The Secretary may
not revise said regulation to reduce authority to utilize
patented or proprietary items.''.
SEC. 5. MINIMUM LEVEL OR RETROREFLECTIVITY FOR PAVEMENT MARKINGS.
Not later than October 1, 2010, the Secretary of Transportation
shall revise the Manual on Uniform Traffic Control Devices to include a
standard for a minimum level of retroreflectivity that must be
maintained for pavement markings, which shall apply to all roads open
to public travel.
SEC. 6. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
(a) Highway Signs and Pavement Markings.--Section 148(a)(3)(B)(xi)
of title 23, United States Code, is amended to read as follows:
``(xi) Installation, replacement, and
upgrade of highway signs and pavement markings,
including any upgrade of materials and the
implementation of any assessment or management
method designed to meet a State-established
performance standard, Federal regulation, or
requirement contained in the Manual on Uniform
Traffic Control Devices relating to minimum
levels of retroreflectivity.''.
(b) Maintaining Minimum Levels of Retroreflectivity.--
(1) 23 U.S.C. 148(a) is amended by adding at the end
thereof the following paragraph--
``(7) Project to maintain minimum levels of
retroreflectivity.--The term `project to maintain minimum
levels of retroreflectivity' means a project undertaken
pursuant to provisions of the Manual on Uniform Traffic Control
Devices requiring public agencies to use an assessment or
management method that is designed to maintain highway sign or
pavement marking retroreflectivity at or above prescribed
minimum levels.''.
(2) 23 U.S.C. 148(d)(1) is amended by striking ``(B)'' and
inserting in lieu thereof ``(C)'' and by inserting between
subparagraphs (A) and (C), as redesignated herein, the
following--
``(B) any project to maintain minimum levels of
retroreflectivity on any public road, whether or not
such project is included in the State strategic highway
safety plan; or''.
(3) 23 U.S.C. 120(c)(1) is amended by inserting after
``signalization,'' the following:
``maintaining minimum levels of retroreflectivity of highway
signs or pavement markings,''.
SEC. 7. ROADWAY SAFETY IMPROVEMENT PROGRAM FOR OLDER DRIVERS AND
PEDESTRIANS.
(a) In General.--The Secretary of Transportation shall carry out a
program to improve traffic signs and pavement markings in all States
(as such term is defined in section 101 of title 23, United States
Code) in a manner consistent with the recommendations included in the
publication of the Federal Highway Administration entitled ``Guidelines
and Recommendations to Accommodate Older Drivers and Pedestrians (FHWA-
RD-01-103)'' and dated October 2001.
(b) Apportionment of Funds.--On October 1 of each fiscal year, the
Secretary shall apportion sums authorized to be appropriated to carry
out this section for such fiscal year among the several States using
the overall formula share for each State for fiscal year 2009 for all
funds subject to section 105 of title 23, United States Code, including
equity bonus funds, obtained after application of said section 105 for
such fiscal year.
(c) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be determined in accordance with
section 120 of title 23, United States Code.
(d) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) $90,000,000 to carry out this section for each of fiscal years
2010 through 2014.
(e) Applicability of Title 23.--Funds made available to carry out
this section shall be available for obligation in the same manner as if
such funds were apportioned under chapter 1 of title 23, United States
Code.
SEC. 8. RAIL-HIGHWAY GRADE CROSSINGS.
(a)(1) Transparency of State Survey and Schedule of Railway-Highway
Grade Crossings.--Section 130(d) of title 23, United States Code, is
amended by adding at the end the following: ``Each State shall make
surveys and schedules compiled under this subsection available to the
public through the Internet Web site of the State.''.
(2) The effective date of this subsection shall be 180 days after
the date of enactment of this subsection.
(b) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) to carry out section 130 of title 23, United States Code,
$220,000,000 for each of fiscal years 2010 through 2014.
(c) Conforming Amendments.--Section 130 of title 23, United States
Code, is amended--
(1) in subsection (e)(1) by striking the first sentence;
and
(2) in subsections (f)(1) and (f)(3) by striking ``set
aside'' and inserting ``made available''.
SEC. 9. REVIEW OF SAFETY OF RAIL-HIGHWAY GRADE CROSSINGS.
(a) In General.--The Secretary of Transportation shall conduct a
comprehensive review of the safety of all highway-rail grade crossings
in the United States.
(b) Method.--In reviewing the safety of a highway-rail grade
crossing under subsection (a), the Secretary shall--
(1) assess, at a minimum, safety conditions, average daily
traffic, proximity to schools, past accidents, fatalities, and
possible safety improvements; and
(2) determine the best method for making the crossing
safer, including closings, grade separations, installation of
protective devices, or other methods.
(c) Priority List.--Based on the information collected in
conducting the comprehensive review under subsection (a), the Secretary
shall compile, maintain, and submit to Congress a list of the 10
highway-rail grade crossings in each State that have the greatest need
for safety improvements.
(d) Inclusion in Rail-Highway Grade Crossing Database.--The
Secretary shall include the information collected in conducting the
comprehensive review under subsection (a), and the priority list
submitted under subsection (c), in the national database on the safety
of highway-rail grade crossings required under section 20156(a) of
title 49, United States Code, as added by section 10 of this Act.
(e) Update.--The Secretary shall update the comprehensive review
under subsection (a) at least once every 4 years.
(f) Availability of Information.--The Secretary shall make priority
lists and databases compiled under this section available to the public
through the Internet Web site of the Department of Transportation.
(g) Limitation on Use of Data in Judicial Proceedings.--
Notwithstanding any other provision of law, any report, review, survey,
schedule, list, data, or information or document of any kind compiled
or collected pursuant to this section, including but not limited to for
the purpose of identifying, evaluating, or planning the safety
enhancement of a potential accident site or railway-highway crossing
pursuant to this section shall not be subject to discovery or admitted
into evidence in a Federal or State court proceeding or considered for
other purposes in any action for damages arising from any occurrence at
a location mentioned or addressed in such report, review, survey,
schedule, list, or data.
SEC. 10. RAIL-HIGHWAY GRADE CROSSING SAFETY.
(a) Highway-Rail Grade Crossing Safety.--Subchapter II of chapter
201 of title 49, United States Code, is amended by adding at the end
the following:
``SEC. 20156. RAIL-HIGHWAY GRADE CROSSING SAFETY INFORMATION.
``(a) Establishment of Database.--The Secretary of Transportation
shall establish and maintain a national database of information on the
safety of highway-rail grade crossings in the United States.
``(b) Accident and Incident Reports To Be Included in Database.--
The Secretary shall include in the database under subsection (a)
information from incident reports filed with the Federal Railroad
Administration regarding accidents and other safety-related incidents
that have occurred at highway-rail grade crossings.''.
(b) Clerical Amendment.--The analysis for subchapter II of such
chapter is amended by adding at the end the following:
``20156. Rail-highway grade crossing safety information.''.
SEC. 11. RURAL STATE INITIATIVE.
(a) In General.--To address the problem of a significant portion of
traffic fatalities occurring on highways in rural areas, the Secretary
of Transportation shall, for each fiscal year beginning with fiscal
year 2010, allocate $20 million to each State with a population density
of less than 20 persons per square mile (based on the most recent
decentennial census), for use by such States for projects and programs
and activities eligible under 23 U.S.C. 148 and not located in an
urbanized area as defined in section 134(b)(6), title 23, United States
Code.
(b) Such allocations shall not be considered an apportionment
within the meaning of section 105 of title 23, United States Code, or
considered a ``specific program'' within the meaning of said section
105.
(c) Federal Share.--The Federal share of the cost of a project
carried out under this section shall be determined in accordance with
section 120 of title 23, United States Code.
(d) Authorization of Appropriations.--There is authorized to be
appropriated out of the Highway Trust Fund (other than the Mass Transit
Account) such sums as may be necessary to carry out this section for
each of fiscal years 2010 through 2014.
(e) Applicability of Title 23.--Except as provided by subsection
(b) of this section, funds made available to carry out this section
shall be available for obligation in the same manner as if such funds
were apportioned under chapter 1 of title 23, United States Code. | Surface Transportation Safety Act of 2009 - Directs the Secretary of Transportation to modify certain federal regulations to: (1) allow fire services personnel to wear high visibility apparel meeting certain requirements; and (2) ensure that positive protective measures (including temporary longitudinal traffic barriers) are used to separate workers on highway construction projects from motorized traffic.
Directs the Secretary to approve the use of federal-aid highway funds for patented or proprietary items that further the goals of state strategic highway safety plans.
Directs the Secretary of Transportation to revise the Manual on Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings, which shall apply to all roads open to public travel.
Revises requirements for the highway safety improvement program to count installation, replacement, and upgrade of highway signs and pavement markings as a highway safety improvement project. Authorizes: (1) states to obligate highway safety improvement program funds apportioned to them for projects to maintain minimum levels of retroreflectivity in highway signs or pavement markings on public roads, whether or not such projects are included in state plans; and (2) a federal share of costs of 100% for such projects.
Directs the Secretary to: (1) carry out a program to improve traffic signs and pavement markings for older drivers and pedestrians in all states; (2) review the safety of all highway-rail grade crossings in the United States and, based on such review, compile a list of the ten highway-rail grade crossings having the greatest need for safety improvements; (3) establish a national database of information on the safety of highway-rail grade crossings in the United States; and (4) allocate $20 million to each state with a population density of less than 20 persons per square mile for each fiscal year beginning with FY2010 for rural highway safety improvement projects. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Transportation to carry out programs and activities to improve highway safety."} | 3,044 | 387 | 0.554681 | 1.774886 | 0.891941 | 4.537396 | 7.476454 | 0.958449 |
SECTION 1. FINDINGS.
Congress finds that--
(1) Crohn's disease and ulcerative colitis are chronic and
painful inflammatory diseases of the gastrointestinal tract
which are difficult to diagnose due their invisible symptoms
and similarity to other intestinal disorders;
(2) Crohn's disease may occur in any section of the
gastrointestinal tract but is predominantly found in the lower
part of the small intestine and the large intestine;
(3) ulcerative colitis is characterized by inflammation and
ulceration of the innermost lining of the colon, and complete
removal of the colon in patients with ulcerative colitis can
alleviate symptoms;
(4) because Crohn's disease and ulcerative colitis behave
similarly, they are collectively known as inflammatory bowel
disease;
(5) both Crohn's disease and ulcerative colitis present a
variety of symptoms, including severe diarrhea, dehydration,
lack of appetite, weight loss, nutritional deficiencies,
abdominal pain with cramps, fever, and rectal bleeding;
(6) while there is no known cause or medical cure for
inflammatory bowel disease, current evidence suggests that
genetics, bacteria, and environmental factors may play a role;
(7) it is estimated that up to 1,400,000 people in the
United States are afflicted with inflammatory bowel disease;
(8) it is believed that there are an additional 600,000
Americans who have inflammatory bowel disease, but whose
condition is either misdiagnosed or undiagnosed, thereby
resulting in their failure to receive proper treatment;
(9) approximately 110 persons (\1/3\ of whom are
adolescents) are diagnosed with inflammatory bowel disease in
this country each day;
(10) inflammatory bowel disease affects approximately
100,000 children under the age of 18 and has been detected in
infants just months old, with the disease's ``second wave''
developing in adults over the age of 50;
(11) inflammatory bowel disease accounts for an estimated
200,000 hospitalizations in the United States each year;
(12) the annual cost in missed workdays for Americans with
inflammatory bowel disease is estimated to be in the billions
of dollars or about $5,500 per patient with active disease;
(13) approximately 200,000 patients with inflammatory bowel
disease receive some form of permanent work disability
compensation from the Social Security Administration;
(14) these patients have reported low quality of life and
persistent, systemic, active disease requiring frequent
surgical intervention or hospitalization, thus impacting their
ability to work and function normally;
(15) children with inflammatory bowel disease miss school
and related activities because the disease often becomes too
painful and a constant feature of their lives;
(16) an estimated \2/3\ to \3/4\ of children with Crohn's
disease will undergo multiple surgical operations in their
lifetime to remove permanently scarred intestinal tissue, thus
putting them at risk for developing short bowel syndrome and
other life-threatening complications;
(17) 60 to 90 percent of children with recurrent Crohn's
disease will experience growth failures, and many adults who
have onset of bowel disease as children experience delayed
puberty and impaired growth, and never reach their full genetic
growth potential;
(18) inflammatory bowel disease also puts patients at high
risk for developing colorectal cancer;
(19) the Federal Government, public and private
organizations, healthcare providers, and the medical community
are striving to work together more closely in order to improve
the quality of life of children and adults affected by Crohn's
disease;
(20) the United States Postal Service has issued stamps
featuring critical causes in need of medical or social
awareness in line with the criteria set out by the Citizens'
Stamp Advisory Committee; and
(21) the breast cancer semipostal research stamp has now
become the best-selling postage stamp in United States history,
raising over $60,000,000 for breast cancer research.
SEC. 2. INFLAMMATORY BOWEL DISEASE COMMEMORATIVE POSTAGE STAMP.
(a) In General.--The Postmaster General shall issue a commemorative
postage stamp on the subject of Crohn's disease and ulcerative colitis,
2 chronic digestive diseases collectively known as inflammatory bowel
disease.
(b) Requirements.--Such stamp--
(1) shall be issued in the denomination used for first-
class mail up to 1 ounce in weight and bear such design as the
Postmaster General shall determine; and
(2) shall be placed on sale as soon as practicable after
the date of the enactment of this Act and sold for such period
of time as the Postmaster General shall determine. | Directs the Postmaster General to issue a commemorative, first-class postage stamp on Crohn's disease and ulcerative colitis, two chronic digestive diseases collectively known as inflammatory bowel disease. | {"src": "billsum_train", "title": "To provide for the issuance of a commemorative postage stamp on the subject of inflammatory bowel disease."} | 974 | 46 | 0.465177 | 1.227938 | 0.305868 | 4.484848 | 27.272727 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prepare All Kids Act of 2007''.
SEC. 2. HIGH QUALITY FULL-DAY PREKINDERGARTEN PROGRAMS.
Chapter 8 of subtitle A of title VI of the Omnibus Budget
Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 357) is amended
by inserting after subchapter C the following:
``Subchapter D--High Quality Full-Day Prekindergarten Programs
``SEC. 661. FINDINGS AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) Investments in children and early education should be
a national priority.
``(2) The cost of high quality preschool is prohibitive for
poor families and is a significant financial strain for many
working- and middle-class families.
``(3) State-funded preschool is the most rapidly expanding
segment of the United States educational system, but in many
States a lack of stable funding poses an enormous threat to the
provision or continuation of high quality preschool.
``(4) The provision of high quality prekindergarten is a
cost-effective investment for children and for the Nation.
Research shows that for every $1 invested in high quality early
childhood programs, taxpayers save more than $17 in crime,
welfare, education, and other costs.
``(5) Fewer than half the Nation's poor preschool-age
children attend preschool. The result is a significant
preparation gap between poor and middle-class children and
between minority and white children.
``(6) High quality early education increases academic
success for schoolchildren who received that education by--
``(A) increasing high school graduation rates;
``(B) improving children's performance on
standardized tests;
``(C) reducing grade repetition; and
``(D) reducing the number of children placed in
special education.
``(7) High quality early education promotes responsible
behavior by teens and adults who received that education by--
``(A) reducing crime, delinquency, and unhealthy
behaviors such as smoking and drug use;
``(B) lowering rates of teen pregnancy;
``(C) leading to greater employment and higher
wages for adults; and
``(D) contributing to more stable families.
``(b) Purpose.--The purpose of this Act is to assist States in--
``(1) making voluntary high quality full-day
prekindergarten programs available and economically affordable
for the families of all children for at least 1 year preceding
kindergarten; and
``(2) making the prekindergarten programs available to a
target population of children from families with incomes at or
below 200 percent of the poverty line, for whom the
prekindergarten programs will be free of charge.
``SEC. 662. DEFINITIONS.
``(a) In this Act:
``(1) Full-day.--The term `full-day', used with respect to
a program, means a program with a minimum of a 6-hour schedule
per day.
``(2) Poverty line.--The term `poverty line' has the
meaning given the term in section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)) and includes any
revision required by that section.
``(3) Prekindergarten.--The term `prekindergarten' means a
program that--
``(A) serves children who are ages 3 through 5;
``(B) supports children's cognitive, social,
emotional, and physical development and approaches to
learning; and
``(C) helps prepare children for a successful
transition to kindergarten.
``(4) Prekindergarten teacher.--The term `prekindergarten
teacher' means an individual who--
``(A) has a bachelor of arts degree with a
specialization in early childhood education or early
childhood development; or
``(B) during the 6-year period following the first
date on which the individual is employed as such a
teacher under this Act, is working toward that degree.
``(5) Qualified prekindergarten provider.--The term
`qualified prekindergarten provider' includes a provider of a
prekindergarten program, a Head Start agency, a provider of a
child care program, a school, and a for-profit or nonprofit
organization that--
``(A) is in existence on the date of the
qualification determination; and
``(B) has met applicable requirements under State
or local law that are designed to protect the health
and safety of children and that are applicable to child
care providers.
``(6) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``SEC. 663. PROGRAM AUTHORIZATION.
``(a) Prekindergarten Incentive Fund.--The Secretary, in
collaboration and consultation with the Secretary of Education, shall
create a Prekindergarten Incentive Fund, to be administered by the
Secretary of Health and Human Services.
``(b) Grants.--In administering the Fund, the Secretary shall award
grants to eligible States, to pay for the Federal share of the cost of
awarding subgrants to qualified prekindergarten providers to establish,
expand, or enhance voluntary high quality full-day prekindergarten
programs.
``SEC. 664. STATE APPLICATIONS AND REQUIREMENTS.
``(a) Designated State Agency.--To be eligible to receive a grant
under this Act, a State shall designate a State agency to administer
the State program of assistance for prekindergarten programs funded
through the grant, including receiving and administering funds and
monitoring the programs.
``(b) State Application.--In order for a State to be eligible to
receive a grant under this Act, the designated State agency shall
submit an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require, including--
``(1) an assurance that, for prekindergarten programs
funded through the grant, the State will ensure that the
qualified prekindergarten providers target children from
families with incomes at or below 200 percent of the poverty
line, and provide prekindergarten programs to children from
those families free of charge;
``(2) an assurance that the State will award subgrants for
prekindergarten programs that are sufficient to provide a high
quality prekindergarten experience;
``(3) an assurance that not less than 25 percent of the
qualified prekindergarten providers receiving such subgrants
will be providers of community-based programs;
``(4) a description of the number of children in the State
who are eligible for the prekindergarten programs and the needs
that will be served through the prekindergarten programs;
``(5) a description of how the State will ensure that the
subgrants are awarded to a wide range of types of qualified
prekindergarten providers;
``(6) a description of how the designated State agency will
collaborate and coordinate activities with State-funded
providers of prekindergarten programs, providers of federally
funded programs such as Head Start agencies, local educational
agencies, and child care providers;
``(7) a description of how the State will ensure, through a
monitoring process, that qualified prekindergarten providers
receiving the subgrants continue to place priority on the
target population of children described in paragraph (1),
provide programs that meet the standards of high quality early
education, and use funds appropriately;
``(8) a description of how the State will meet the needs of
working parents; and
``(9) a description of how the State will assist in
providing professional development assistance to
prekindergarten teachers and teacher aides.
``(c) Federal Share.--The Federal share of the cost described in
section 663(b) shall be 50 percent. The State shall provide the non-
Federal share of the cost in cash.
``(d) Supplementary Federal Funding.--Funds made available under
this Act may be used only to supplement and not supplant other Federal,
State, local, or private funds that would, in the absence of the funds
made available under this Act, be made available for early childhood
programs.
``(e) Maintenance of Effort.--A State that receives a grant under
this Act for a fiscal year shall maintain the expenditures of the State
for early childhood programs at a level not less than the level of such
expenditures of the State for the preceding fiscal year.
``SEC. 665. STATE SET ASIDES AND EXPENDITURES.
``(a) Infant and Toddler Set Aside.--Notwithstanding sections 662
and 663, a State shall set aside not less than 10 percent of the funds
made available through a grant awarded under this Act for the purpose
of funding high quality early childhood development programs for
children who are ages 0 through 3. Funds made available under this
subsection may also be used for professional development for teachers
and teacher aides in classrooms for children who are ages 0 through 3.
``(b) Extended Day and Extended Year Set Aside.--Notwithstanding
section 663, a State shall set aside not less than 10 percent of the
funds made available through a grant awarded under this Act for the
purpose of extending the hours of early childhood programs to create
extended day and extended year programs.
``(c) Administrative Expenses.--Not more than 5 percent of the
funds made available through such a grant may be used for
administrative expenses, including monitoring.
``SEC. 666. LOCAL APPLICATIONS.
``To be eligible to receive a subgrant under this Act, a qualified
prekindergarten provider shall submit an application to the designated
State agency at such time, in such manner, and containing such
information as the agency may reasonably require, including--
``(1) a description of how the qualified prekindergarten
provider will meet the diverse needs of children in the
community to be served, including children with disabilities,
whose native language is not English, or with other special
needs, children in the State foster care system, and homeless
children;
``(2) a description of how the qualified prekindergarten
provider will serve eligible children who are not served
through similar services or programs;
``(3) a description of a plan for involving families in the
prekindergarten program;
``(4) a description of how children in the prekindergarten
program, and their parents and families, will receive
assistance through supportive services provided within the
community;
``(5) a description of how the qualified prekindergarten
provider collaborates with providers of other programs serving
children and families, including Head Start agencies, providers
of child care programs, and local educational agencies, to meet
the needs of children, families, and working families, as
appropriate; and
``(6) a description of how the qualified prekindergarten
provider will collaborate with local educational agencies to
ensure a smooth transition for participating students from the
prekindergarten program to kindergarten and early elementary
education.
``SEC. 667. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS.
``(a) Mandatory Uses of Funds.--A qualified prekindergarten
provider that receives a subgrant under this Act shall use funds
received through the grant to establish, expand, or enhance
prekindergarten programs for children who are ages 3 through 5,
including--
``(1) providing a prekindergarten program that supports
children's cognitive, social, emotional, and physical
development and approaches to learning, and helps prepare
children for a successful transition to kindergarten;
``(2) purchasing educational equipment, including
educational materials, necessary to provide a high quality
prekindergarten program; and
``(3) extending part-day prekindergarten programs to full-
day prekindergarten programs.
``(b) Permissible Use of Funds.--A qualified prekindergarten
provider that receives a subgrant under this Act may use funds received
through the grant to--
``(1) pay for transporting students to and from a
prekindergarten program; and
``(2) provide professional development assistance to
prekindergarten teachers and teacher aides.
``(c) Program Requirements.--A qualified prekindergarten provider
that receives a subgrant under this Act shall carry out a high quality
prekindergarten program by--
``(1) maintaining a maximum class size of 20 children, with
at least 1 prekindergarten teacher per classroom;
``(2) ensuring that the ratio of children to
prekindergarten teachers and teacher aides shall not exceed 10
to 1;
``(3) utilizing a prekindergarten curriculum that is
research- and evidence-based, developmentally appropriate, and
designed to support children's cognitive, social, emotional,
and physical development, and approaches to learning;
``(4) providing a program with a minimum of a 6-hour
schedule per day; and
``(5) ensuring that prekindergarten teachers meet the
requirements of this Act.
``SEC. 668. REPORTING.
``(a) Qualified Prekindergarten Provider Reports.--Each qualified
prekindergarten provider that receives a subgrant from a State under
this Act shall submit an annual report, to the designated State agency,
that reviews the effectiveness of the prekindergarten program provided.
Such annual report shall include--
``(1) data specifying the number and ages of enrolled
children, and the family income, race, gender, disability, and
native language of such children;
``(2) a description of--
``(A) the curriculum used by the program;
``(B) how the curriculum supports children's
cognitive, social, emotional, and physical development
and approaches to learning; and
``(C) how the curriculum is appropriate for
children of the culture, language, and ages of the
children served; and
``(3) a statement of all sources of funding received by the
program, including Federal, State, local, and private funds.
``(b) State Reports.--Each State that receives a grant under this
Act shall submit an annual report to the Secretary detailing the
effectiveness of all prekindergarten programs funded under this Act in
the State.
``(c) Report to Congress.--The Secretary shall submit an annual
report to Congress that describes the State programs of assistance for
prekindergarten programs funded under this Act.
``SEC. 669. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this Act--
``(1) $5,000,000,000 for fiscal year 2008;
``(2) $6,000,000,000 for fiscal year 2009;
``(3) $7,000,000,000 for fiscal year 2010;
``(4) $8,000,000,000 for fiscal year 2011; and
``(5) $9,000,000,000 for fiscal year 2012.''. | Prepare All Kids Act of 2007 - Amends the Omnibus Budget Reconciliation Act of 1981 to direct the Secretary of Health and Human Services to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five.
Requires prekindergarten providers to target children from families with incomes at or below 200% of the poverty line and provide them with program services free of charge.
Directs state grantees to set aside: (1) at least 10% of a grant for quality early childhood development programs for children ages zero through three; and (2) at least 10% of a grant to extend the hours of early childhood programs to create extended day and year programs. | {"src": "billsum_train", "title": "A bill to assist States in making voluntary high quality full-day prekindergarten programs available and economically affordable for the families of all children for at least 1 year preceding kindergarten."} | 3,229 | 183 | 0.529845 | 1.465571 | 0.830219 | 3.842767 | 18.874214 | 0.899371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic and Employment Impact
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) Federal regulation is projected to cost
$542,000,000,000 by the year 2000;
(2) the 1990 United States merchandise trade deficit was
$65,400,000,000;
(3) excessive Federal regulation and mandates increase the
cost of doing business and thus hinder economic growth and
employment opportunities; and
(4) State and local governments are forced to absorb the
cost of unfunded Federal mandates.
(b) Purpose.--The purpose of this Act is to--
(1) ensure that the American people are fully apprised of
the impact of Federal legislative and regulatory activity on
economic growth and employment;
(2) require both the Congress and the executive branch to
acknowledge and to take responsibility for the fiscal and
economic effects of legislative and regulatory actions and
activities;
(3) to provide a means to ensure congressional or executive
branch action is focused on enhancing economic growth and
providing increasing job opportunities for Americans; and
(4) to protect against congressional or executive branch
action which hinders economic growth or eliminates jobs for the
American people.
SEC. 3. 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
$100,000,000 or 10,000 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.
SEC. 4. POINT OF ORDER IN HOUSE OR SENATE.
(a) 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 section 3.
(b) Waiver.--A point of order made under this section may be waived
in the Senate by a three-fifths affirmative vote of Senators, duly
chosen and sworn, and in the House of Representatives by a three-fifths
affirmative vote of Members, duly chosen and sworn.
SEC. 5. 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)
of section 3, 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.
SEC. 6. PROVISION FOR NATIONAL SECURITY EMERGENCY WAIVER.
(a) Congressional Economic Impact Statements.--The Congress may
waive the requirements of section 3 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.
(b) Executive Regulations.--The President may waive the
requirements of section 5 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.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment of
the Act. | Economic and Employment Impact Act - Directs the Comptroller General to prepare an economic and employment impact statement to accompany each bill, resolution, or conference report before it may be reported or otherwise considered on the floor of either House. Requires such statement to: (1) state the extent to which enactment of such legislation would result in increased costs to the private sector, individuals, or State and local governments; and (2) include a detailed assessment of the annual impact of such legislation on consumer and business costs, employment, the Gross Domestic Product, and other specified criteria. Provides that such statement may consist of a brief summary assessment if preliminary analysis indicates that the aggregate effect of the legislation is less than $100 million or 10,000 jobs in national employment. Provides for waivers from such requirements under certain national security emergency conditions.
Provides that it shall not be in order in either House to consider any legislation that does not include such a statement. Allows a point of order under this rule to be waived.
Requires each regulation and proposed regulation promulgated by an executive department or agency to be accompanied by such a statement and published with it in the Federal Register. | {"src": "billsum_train", "title": "Economic and Employment Impact Act"} | 1,144 | 249 | 0.602036 | 1.866871 | 1.039404 | 4.323144 | 4.676856 | 0.873362 |
SECTION 1. TITLE.
The Act may be cited as the ``Indian Tribal Development
Consolidated Funding Act of 2000''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) A unique legal and political relationship exists
between the United States and Indian tribes that is reflected
in article I, clause 3 of the Constitution of the United
States, various treaties, Federal statutes, Supreme Court
decisions, executive agreements, and course of dealing.
(2) Despite the infusion of substantial Federal dollars
into Native American communities over several decades, the
majority of Native Americans remain mired in poverty,
unemployment, and despair.
(3) The efforts of the United States to foster community,
economic, and business development in Native American
communities have been hampered by fragmentation of authority,
responsibility and performance and by lack of timeliness and
coordination in resources and decision-making.
(4) The effectiveness of Federal and tribal efforts to
generate employment opportunities and bring value-added
activities and economic growth to Native American communities
depends on cooperative arrangements among the various Federal
agencies and Indian tribes.
(b) Purposes.--It is the purpose of this Act to--
(1) enable Indian tribes and tribal organizations to use
available Federal assistance more effectively and efficiently;
(2) adapt and target such assistance more readily to
particular needs through wider use of projects that are
supported by more than 1 executive agency, assistance program,
or appropriation of the Federal Government;
(3) encourage Federal-tribal arrangements under which
Indian tribes and tribal organizations may more effectively and
efficiently combine Federal and tribal resources to support
economic development projects;
(4) promote the coordination of Native American economic
programs to maximize the benefits of these programs to
encourage a more consolidated, national policy for economic
development; and
(5) establish a demonstration project to aid Indian tribes
in obtaining Federal resources and in more efficiently
administering these resources for the furtherance of tribal
self-governance and self-determination.
SEC. 3. DEFINITIONS.
In this title:
(1) Applicant.--The term ``applicant'' means an Indian
tribe or tribal organization applying for assistance for a
community, economic, or business development project, including
facilities to improve the environment, housing, roads,
community facilities, business and industrial facilities,
transportation, roads and highway, and community facilities.
(2) Assistance.--The term ``assistance'' means the transfer
of anything of value for a public purpose or support or
stimulation that is--
(A) authorized by a law of the United States; and
(B) provided by the Federal Government through
grant or contractual arrangements, including technical
assistance programs providing assistance by loan, loan
guarantee, or insurance.
(3) Assistance program.--The term ``assistance program''
means any program of the Federal Government that provides
assistance for which Indian tribes or tribal organizations are
eligible.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(e)).
(5) Project.--The term ``project'' means an undertaking
that includes components that contribute materially to carrying
out 1 purpose or closely-related purposes that are proposed or
approved for assistance under more than 1 Federal Government
program.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribal organization.--The term ``tribal organization''
has the meaning given such term in section 4(l) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450b(l)).
SEC. 4. LEAD AGENCY.
The lead agency for purposes of carrying out this Act shall be the
Department of the Interior.
SEC. 5. SELECTION OF PARTICIPATING TRIBES.
(a) Participants.--
(1) In general.--The Secretary may select not to exceed 24
Indian tribes in each fiscal year from the applicant pool
described in subsection (b) to participate in the projects
carried out under this Act.
(2) Consortia.--Two or more Indian tribes that are
otherwise eligible to participate in a program or activity to
which this Act applies may form a consortium to participate as
a single Indian tribe under paragraph (1).
(b) Applicant Pool.--The applicant pool described in this
subsection shall consist of each Indian tribe that--
(1) successfully completes the planning phase described in
subsection (c);
(2) has requested participation in a project under this Act
through a resolution or other official action of the tribal
governing body; and
(3) has demonstrated, for the 3 fiscal years immediately
preceding the fiscal year for which the requested participation
is being made, financial stability and financial management
capability as demonstrated by the Indian tribe having no
material audit exceptions in the required annual audit of the
self-determination contracts of the tribe.
(c) Planning Phase.--Each Indian tribe seeking to participate in a
project under this Act shall complete a planning phase that shall
include legal and budgetary research and internal tribal government and
organizational preparation. The tribe shall be eligible for a grant
under this section to plan and negotiate participation in a project
under this Act.
SEC. 6. AUTHORITY OF HEADS OF EXECUTIVE AGENCIES.
(a) In General.--The President, acting through the heads of the
appropriate executive agencies, shall promulgate regulations necessary
to carry out this Act and to ensure that this Act is applied and
implemented by all executive agencies.
(b) Scope of Coverage.--The executive agencies that are included
within the scope of this Act shall include--
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Education;
(5) the Department of Health and Human Services;
(6) the Department of Housing and Urban Development;
(7) the Department of the Interior;
(8) the Department of Labor; and
(9) the Environmental Protection Agency.
(c) Activities.--Notwithstanding any other provision of law, the
head of each executive agency, acting alone or jointly through an
agreement with another executive agency, may--
(1) identify related Federal programs that are likely to be
particularly suitable in providing for the joint financing of
specific kinds of projects;
(2) assist in planning and developing projects to be
financed through different Federal programs;
(3) with respect to Federal programs or projects that are
identified or developed under paragraphs (1) or (2), develop
and prescribe--
(A) guidelines;
(B) model or illustrative projects;
(C) joint or common application forms; and
(D) other materials or guidance;
(4) review administrative program requirements to identify
those requirements that may impede the joint financing of
projects and modify such requirement when appropriate;
(5) establish common technical and administrative
regulations for related Federal programs to assist in providing
joint financing to support a specific project or class of
projects; and
(6) establish joint or common application processing and
project supervision procedures, including procedures for
designating--
(A) a lead agency responsible for processing
applications; and
(B) a managing agency responsible for project
supervision.
(d) Requirements.--In carrying out this Act, the head of each
executive agency shall--
(1) take all appropriate actions to carry out this Act when
administering a Federal assistance program; and
(2) consult and cooperate with the heads of other executive
agencies to carry out this Act in assisting in the
administration of Federal assistance programs of other
executive agencies that may be used to jointly finance projects
undertaken by Indian tribes or tribal organizations.
SEC. 7. PROCEDURES FOR PROCESSING REQUESTS FOR JOINT FINANCING.
In processing an application or request for assistance for a
project to be financed in accordance with this Act by at least 2
assistance programs, the head of an executive agency shall take all
appropriate actions to ensure that--
(1) required reviews and approvals are handled
expeditiously;
(2) complete account is taken of special considerations of
timing that are made known to the head of the agency involved
by the applicant that would affect the feasibility of a jointly
financed project;
(3) an applicant is required to deal with a minimum number
of representatives of the Federal Government;
(4) an applicant is promptly informed of a decision or
special problem that could affect the feasibility of providing
joint assistance under the application; and
(5) an applicant is not required to get information or
assurances from 1 executive agency for a requesting executive
agency when the requesting agency makes the information or
assurances directly.
SEC. 8. UNIFORM ADMINISTRATIVE PROCEDURES.
(a) In General.--To make participation in a project simpler than
would otherwise be possible because of the application of varying or
conflicting technical or administrative regulations or procedures that
are not specifically required by the statute that authorizes the
Federal program under which such project is funded, the head of an
executive agency may promulgate uniform regulations concerning
inconsistent or conflicting requirements with respect to--
(1) the financial administration of the project including
accounting, reporting and auditing, and maintaining a separate
bank account, to the extent consistent with this Act;
(2) the timing of payments by the Federal Government for
the project when 1 payment schedule or a combined payment
schedule is to be established for the project;
(3) the provision of assistance by grant rather than
procurement contract; and
(4) the accountability for, or the disposition of, records,
property, or structures acquired or constructed with assistance
from the Federal Government under the project.
(b) Review.--In making the processing of applications for
assistance under a project simpler under this Act, the head of an
executive agency may provide for review of proposals for a project by a
single panel, board, or committee where reviews by separate panels,
boards, or committees are not specifically required by the statute that
authorizes the Federal program under which such project is funded.
SEC. 9. DELEGATION OF SUPERVISION OF ASSISTANCE.
Pursuant to regulations established to implement this Act, the head
of an executive agency may delegate or otherwise enter into an
arrangement to have another executive agency carry out or supervise a
project or class or projects jointly financed in accordance with this
Act. Such a delegation--
(1) shall be made under conditions ensuring that the duties
and powers delegated are exercised consistent with Federal law;
and
(2) may not be made in a manner that relieves the head of
an executive agency of responsibility for the proper and
efficient management of a project for which the agency provides
assistance.
SEC. 10. JOINT ASSISTANCE FUNDS AND PROJECT FACILITATION.
(a) Joint Assistance Fund.--In providing support for a project in
accordance with this Act, the head of an executive agency may provide
for the establishment by the applicant of a joint assistance fund to
ensure that amounts received from more than 1 Federal assistance
program or appropriation are more effectively administered.
(b) Agreement.--A joint assistance fund may only be established
under subsection (a) in accordance with an agreement by the executive
agencies involved concerning the responsibilities of each such agency.
Such an agreement shall--
(1) ensure the availability of necessary information to the
executive agencies and Congress;
(2) provide that the agency administering the fund is
responsible and accountable by program and appropriation for
the amounts provided for the purposes of each account in the
fund; and
(3) include procedures for returning an excess amount in
the fund to participating executive agencies under the
applicable appropriation (an excess amount of an expired
appropriation lapses from the fund).
SEC. 11. FINANCIAL MANAGEMENT, ACCOUNTABILITY AND AUDITS.
(a) Single Audit Act.--Recipients of funding provided in accordance
with this Act shall be subject to the provisions of chapter 75 of title
31, United States Code.
(b) Records.--With respect to each project financed through an
account in a joint management fund established under section 10, the
recipient of amounts from the fund shall maintain records as required
by the head of the executive agencies responsible for administering the
fund. Such records shall include--
(1) the amount and disposition by the recipient of
assistance received under each Federal assistance program and
appropriation;
(2) the total cost of the project for which such assistance
was given or used;
(3) that part of the cost of the project provided from
other sources; and
(4) other records that will make it easier to conduct an
audit of the project.
(c) Availability.--Records of a recipient related to an amount
received from a joint management fund under this Act shall be made
available to the head of the executive agency responsible for
administering the fund and the Comptroller General for inspection and
audit.
SEC. 12. TECHNICAL ASSISTANCE AND PERSONNEL TRAINING.
Amounts available for technical assistance and personnel training
under any Federal assistance program shall be available for technical
assistance and training under a project approved for joint financing
under this Act where a portion of such financing involves such Federal
assistance program and another assistance program.
SEC. 13. JOINT FINANCING FOR FEDERAL-TRIBAL ASSISTED PROJECTS.
Under regulations promulgated under this Act, the head of an
executive agency may enter into an agreement with a State to extend the
benefits of this Act to a project that involves assistance from at
least 1 executive agency and at least 1 tribal agency or
instrumentality. The agreement may include arrangements to process
requests or administer assistance on a joint basis.
SEC. 14. REPORT TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, the
President shall prepare and submit to Congress a report concerning the
actions taken under this Act together with recommendations for the
continuation of this Act or proposed amendments thereto. Such report
shall include a detailed evaluation of the operation of this Act,
including information on the benefits and costs of jointly financed
projects that accrue to participating Indian tribes and tribal
organizations. | Directs the President to promulgate regulations to carry out this Act and to ensure it is applied and implemented by all executive agencies.
Outlines procedures for processing requests for joint financing (financing by at least two Federal assistance programs). Authorizes the establishment of a joint assistance fund to ensure that amounts received from more than one Federal program or appropriation are more effectively administered.
Provides for the financial management, accountability, and audits of the use of financial assistance provided.
Authorizes the provision of technical assistance and personnel training under a project approved for joint financing.
Authorizes the head of an executive agency to enter into an agreement with a State to extend the benefits of this Act to a project that involves assistance from at least one executive agency and at least one tribal agency or instrumentality.
Requires an implementation report from the President to Congress. | {"src": "billsum_train", "title": "Indian Tribal Development Consolidated Funding Act of 2000"} | 3,002 | 182 | 0.48045 | 1.319489 | 0.658793 | 4.888889 | 17.888889 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Towing Safety Act''.
SEC. 2. INSPECTION OF TOWING VESSELS.
(a) In General.--Section 3301 of title 46, United States Code, is
amended by adding at the end the following:
``(14) towing vessels.''.
(b) Exception.--Section 3302 of title 46, United States Code, is
amended by adding at the end the following:
``(n) A towing vessel is not subject to inspection under section
3301(14) of this title if the vessel--
``(1) is used only for towing disabled vessels; or
``(2) is not used to pull, push, or haul alongside a barge
that is subject to inspection under section 3301 of this
title.''.
(c) Equipment Requirements.--Section 3306 of title 46, United
States Code, is amended by adding at the end the following:
``(h) In prescribing regulations for towing vessels, the Secretary
shall--
``(1) consider the characteristics, methods of operation,
and nature of the service of towing vessels;
``(2) consult with the Towing Safety Advisory Committee;
and
``(3) require, to the extent appropriate, the installation,
maintenance, and use of the following equipment on each towing
vessel, other than a towing vessel that is used only for towing
disabled vessels:
``(A) A radar system.
``(B) An electronic position-fixing device.
``(C) Adequate communications equipment.
``(D) A sonic depth finder.
``(E) A compass or swing meter.
``(F) Adequate towing equipment.
``(G) Up-to-date navigational charts and
publications for the areas normally transited by the
vessel.
``(H) Other equipment the Secretary determines will
minimize the risk of injury to the crew or the risk of
a vessel or barge casualty.''.
(d) Regulations.--The Secretary of Transportation shall prescribe
regulations implementing this section within 1 year after the date of
enactment of this Act.
SEC. 3. MANNING OF TOWING VESSELS.
(a) Licensed Masters and Mates.--
(1) Minimum number of licensed individuals.--Section
8301(a) of title 46, United States Code, is amended in the
material preceding paragraph (1) by inserting ``passenger''
before ``vessel'' the first place that it appears.
(2) License and certification classification and
conditions.--Section 7101 of title 46, United States Code, is
amended--
(A) in subsection (b)(2)(A), by striking ``and'',
and by inserting ``, barge tonnage, and barge number or
configuration'' after ``vessels''; and
(B) by adding at the end the following new
subsections:
``(j) An individual may be issued a license as a master or mate of
towing vessels only if the individual--
``(1) demonstrates proficiency in the use of the equipment
listed in section 3306(h)(3) of this title; and
``(2) demonstrates proficiency in operating a towing vessel
or has successfully completed a Coast Guard-approved towing
vessel simulator course.
``(k) The Secretary may not issue a license under this section to
an individual who has failed an examination, or any portion thereof,
for that license 3 consecutive times.''.
(3) Conforming amendment.--Section 8904 of title 46, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``A vessel that is used only for towing disabled vessels for
consideration shall be operated by an individual licensed by the
Secretary to operate that type of vessel in the particular geographic
area, under prescribed regulations.''.
(4) Regulations.--In prescribing regulations implementing
this subsection, the Secretary of Transportation shall use the
requirements for an operator uninspected towing vessel license
as the minimum requirements for the towing vessel master
license required by this subsection, and the requirements for a
second class operator uninspected towing vessel license as the
minimum requirements for the towing vessel mate license
required by this subsection, as those requirements are set
forth in part 10.464 of title 46, Code of Federal Regulations.
(5) Existing license.--
(A) Treated as towing vessel license.--A license
described in subparagraph (B)(i) or (ii) that is valid
on the effective date of this section shall be treated
as a master or mate license, respectively, required for
towing vessels by the amendments made by this
subsection until such license is required to be renewed
under section 7106 of title 46, United States Code.
(B) Licenses described.--The licenses referred to
in subparagraph (A) are the following:
(i) Operator uninspected towing vessel.
(ii) Second class operator uninspected
towing vessel.
(b) Merchant Mariners' Documents Required.--
(1) Requirement.--Section 8701(a) of title 46, United
States Code, is amended--
(A) by striking ``100'' and inserting ``5'';
(B) in paragraph (1), by striking ``a vessel
operating only on rivers and lakes (except the Great
Lakes);'' and inserting ``a small passenger vessel, or
an uninspected passenger vessel;'';
(C) by striking paragraph (2), and redesignating
the subsequent paragraphs accordingly; and
(D) in paragraph (6) (as so redesignated) by
striking ``clause (6)'' and inserting ``paragraph
(5)''.
(2) Exceptions.--Section 8701(b) of title 46, United States
Code, is amended--
(A) by striking ``A person'' and inserting ``(1)
Except as provided in paragraphs (2) and (3), a
person''; and
(B) by adding at the end the following:
``(2) The Secretary shall prescribe regulations which
exempt employment categories on vessels from the requirements
of paragraph (1). The regulations may exempt an employment
category only if the responsibilities of an individual employed
in the category do not relate directly to the safe operation of
the vessel.
``(3) A person may engage or employ an individual who does
not have a merchant mariner's document, and such an individual
may serve, on a vessel in the 60-day period beginning on the
first date the individual is employed by that company in an
employment category for which any merchant mariner's document
is required.''.
(c) Crew Requirements.--
(1) Able seamen required.--Section 8702 of title 46, United
States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1) by inserting
``passenger'' before ``vessel''; and
(ii) by striking paragraph (2), and
redesignating paragraphs (3) through (7) in
order as paragraphs (2) through (6),
respectively; and
(B) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively.
(2) Classification.--Section 7306(b) of title 46, United
States Code, is amended by adding at the end the following:
``(7) able seaman--towing vessel.''.
(3) Rating requirement.--Chapter 73 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 7311b. Able seamen--towing vessels
``For service on a towing vessel, an individual may be rated as
able seaman--towing vessels if the individual has at least 18 months'
service on deck on board towing vessels operated on the navigable
waters of the United States (including the Great Lakes).''.
(4) Clerical amendment.--The analysis at the beginning of
chapter 73 of title 46, United States Code, is amended by
inserting after the item 7311a the following:
``7311b. Able seamen--towing vessel.''.
(d) Effective Date.--This section, other than subsection (e), shall
become effective one year after the date of enactment of this Act.
(e) Regulations.--The Secretary of Transportation shall issue
regulations implementing this section by not later than 1 year after
the date of enactment of this Act.
SEC. 4. VESSEL CASUALTIES.
(a) Expedited Reporting Required.--Section 6101(b) of title 46,
United States Code, is amended by striking ``within 5 days'' and
inserting ``by as soon as practicable, but in no case later than within
5 days,''.
(b) Penalty for Failure To Report a Casualty.--Section 6103(a) of
title 46, United States Code is amended by striking ``$1,000'' and
inserting ``$25,000''.
(c) Presumption.--Section 2304 of title 46, United States Code, is
amended--
(1) in subsection (a) by inserting ``(1)'' after ``(a)'';
(2) by redesignating subsection (b) as paragraph (2) of
subsection (a); and
(3) by adding at the end the following:
``(b) A master or individual in charge of a vessel who unreasonably
fails to provide assistance in accordance with subsection (a)(1) to an
individual in danger of being lost as a result of a collision between 2
or more vessels is deemed, for purposes of any action for damages that
arises out of the collision, unless proven to the contrary, to have
caused the collision by wrongful act, neglect, or default.''. | Towing Safety Act - Amends Federal law to subject towing vessels to certain safety inspection requirements. Exempts a vessel from such requirements if it is: (1) used for towing disabled vessels; or (2) not used to pull, push, or haul alongside a barge that is subject to inspection.
Requires the Secretary of Transportation (Secretary) to prescribe regulations requiring the installation of certain navigational and safety equipment on towing vessels.
(Sec. 3) Requires certain passenger vessels subject to inspection to maintain a minimum number of licensed masters and mates. Authorizes the Secretary to classify merchant seamen licenses and certificates of registry based on, among other factors, barge tonnage, and barge number or configuration. Authorizes the issuance of a license as a master or mate of a towing vessel only to an individual who has demonstrated proficiency in: (1) using certain navigational and safety equipment; and (2) operating such vessel, or has completed a Coast Guard-approved towing vessel simulator course. Sets forth conforming licensing requirements.
Requires individuals employed on merchant vessels of at least five (currently, 100) gross tons to have a a merchant mariner's document authorizing service in the capacity for which the individual is employed. Exempts from such licensing requirements individuals employed on small passenger vessels or uninspected passenger vessels. Directs the Secretary to prescribe regulations which exempt employment categories from such licensing requirements. Authorizes: (1) such regulations to exempt an employment category from such licensing requirements only if the responsibilities of such employed individual do not relate to the safe operation of a merchant vessel; and (2) the employment of unlicensed individuals upon such vessel for a 60-day period.
Requires a specified percentage of the new crew employed on passenger vessels of at least 100 gross tons to be able seamen. Includes "able seaman-towing vessel" as a classification authorized for endorsement as able seamen. Declares that an individual may be rated as "able seaman-towing vessel" if he has at least 18 months' service on deck on board towing vessels operating in U.S. navigable waters, including the Great Lakes.
(Sec. 4) Requires marine casualties to be reported as soon as practicable, but in no case later than within five days. (Currently, within five days.) Increases penalties for an individual in charge of a vessel for failing to report a casualty. Creates a presumption of liability for individuals in charge of a vessel who unreasonably fail to provide assistance to an individual in danger of being lost as a result of a collision between two or more vessels. | {"src": "billsum_train", "title": "Towing Safety Act"} | 2,231 | 600 | 0.577771 | 1.752953 | 0.818795 | 3.047525 | 3.976238 | 0.833663 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Earning and Living Opportunities
Act''.
SEC. 2. REQUIREMENT FOR EMPLOYING LOW- AND VERY LOW-INCOME PERSONS.
(a) In General.--Section 3 of the Housing and Urban Development Act
of 1968 (12 U.S.C. 1701u) is amended--
(1) by redesignating subsections (e), (f), and (g) as
subsections (i), (j), and (k), respectively;
(2) in subsection (i), as so redesignated--
(A) in paragraph (1), by inserting at the end
``Provided, however, that any resident of a public or
Indian housing development or any other person who
qualifies for a priority under section (c)(1)(B), and
who was very low-income shall, for purposes of this
Act, continue to qualify, as initially verified, for a
period of 5 years, irrespective of any increase in the
person's income or other change in that person's
priority status during that period.''; and
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) One-stop delivery system.--The term `one-stop
delivery system' has the meaning given that term in section
134(c) of the Workforce Investment Act of 1998 (29 U.S.C.
2864(c)).''; and
(3) by inserting after subsection (d) the following new
subsections:
``(e) Requirement for Employing Low- and Very Low-Income Persons.--
``(1) Twenty percent requirement.--
``(A) Condition of assistance.--It shall be a
condition of any assistance provided to a public or
Indian housing agency or contract awarded by a public
or Indian housing agency for work to be performed in
connection with development assistance provided from
the capital fund under section 9(d) of the United
States Housing Act of 1937, the operating fund under
section 9(e) of such Act, or any other Federal
assistance for housing and community development,
including funding under section (8)(o)(13) of such Act,
that, except as provided in paragraph 2(B), a minimum
of 20 percent of all hours worked by employees of the
public or Indian housing agency or of a contractor in
connection with such contract shall be performed by
low- or very low-income persons who qualify for a
priority under subsection (c)(1)(B).
``(B) Requirement.--It shall be a condition of any
assistance provided to a recipient of other Federal
housing and community development assistance for
housing rehabilitation, housing construction, or other
public construction projects and their contractors,
that a minimum of 20 percent of all hours worked by
employees of the recipient or its contractors shall be
performed by low- or very low-income persons who
qualify for a priority under subsection (c)(2)(B).
``(2) Compliance.--As a condition of any contract awarded
for the work described in paragraph (1), any contractor awarded
such a contract shall--
``(A)(i) immediately before beginning work under
such contract, submit evidence to the satisfaction of
the contracting agency and the section 3 committee,
showing that a minimum of 20 percent of all hours
worked in connection with such contract shall be
performed by low- or very low-income persons who
qualify for a priority under paragraphs (1)(B) and
(2)(B) of subsection (c); and
``(ii) submit evidence to the satisfaction of the
contracting agency and the section 3 committee showing
that a minimum of 20 percent of all hours actually
worked in connection with such contract were in fact
performed by low- or very low-income persons who
qualify for a priority under paragraphs (1)(B) and
(2)(B) of subsection (c); or
``(B) if such contractor cannot meet the
requirement imposed by paragraph (1)--
``(i) submit evidence to the satisfaction
of the contracting agency and the section 3
committee that such contractor used all
feasible means to meet such requirement by
taking steps which include--
``(I) recruiting and conducting job
interviews at the affected development,
in the affected community, and at
training facilities;
``(II) working with the contracting
agency to advertise and recruit low-
and very low-income persons; and
``(III) giving notice of such
contract to the one-stop delivery
system for the area in which the work
is to be done, including the particular
skills, knowledge, and abilities needed
by potential employees for work under
such contract; and
``(ii) provide to the contracting agency
and the section 3 committee, evidence, as the
Secretary shall by regulation require,
sufficient to show why low- or very low-income
persons who were referred by either the
contracting agency or by the one-stop delivery
system, or who otherwise made themselves
available did not have the skills, knowledge,
or abilities to perform the work.
``(3) Section 3 committee.--The Secretary shall require
that a public and Indian housing agency and other recipients of
Federal housing and community development assistance establish
a section 3 committee composed of interested parties, including
a representative of the affected section 3 residents to oversee
all aspects of compliance with section 3. For projects with a
significant economic impact relative to the community size and
the public housing agency, membership on the section 3
committee shall, at a minimum, include a representative of--
``(A) the contractor;
``(B) the public or Indian Housing Agency;
``(C) the resident association from the development
(or tenant delegate or section 3 resident where a
tenant association does not exist);
``(D) where possible, a community based
organization that has as its mission the promotion of
workforce development or economic development in low-
income communities;
``(E) where they exist, women and minority trades
organizations that offer employment services with
expertise in preparing skilled workers for the
construction field; and
``(F) when possible, coordinators and
representatives of the apprenticeship programs.
``(4) Training.--Any contractor awarded a contract for the
work described in paragraph (1) shall provide on-the-job
training to any employee who is eligible for priority under
subsection (c)(1)(B) and (c)(2)(B). Such training shall be
provided through a State approved apprenticeship program.
``(f) Recruitment, Referral, and Training Requirements.--The
Secretary shall require the following of public and Indian housing
agencies and recipients of other Federal housing and community
development assistance:
``(1) That such agencies and other recipients advertise the
availability of training and employment opportunities generated
by development assistance, and, with the section 3 committee,
maintain a registry of eligible low- and very low-income
persons who express interest in those opportunities. For public
and Indian housing agencies, advertising shall be conducted in
a manner that is most likely to reach eligible low- and very
low income persons who reside in public or Indian housing or
who otherwise qualify for a priority in accordance with
subsection (c)(1)(B). For recipients of other housing and
community development assistance, advertising shall be
conducted in a manner that is most likely to reach eligible
low- or very low-income persons who qualify for a priority in
accordance with subsection (c)(2)(B). The registry shall
contain sufficient information (such as work experience,
education level, desired employment, career goals, etc.) to
allow each public and Indian housing agency or recipient of
other Federal housing and community development assistance to
make appropriate job referrals and to determine the need for
job training and other support services.
``(2) That such agencies and other recipients provide to
any contractor and the section 3 committee names, priority
status, and applications of low- and very low-income persons
who have the skills identified by the contractor or the public
housing agency for the work to be performed.
``(3) That such agencies and other recipients refer any
low- or very low-income persons who are participants in the
housing agency's housing programs and who are seeking
qualifying skills to the one-stop delivery system for the area
in which the work is to be done.
``(4) That such agencies and other recipients consult with
contractors to ensure that low- and very low-income persons
with the skills, knowledge, and abilities are provided a
priority in hiring and are not passed over.
``(5) That such agencies and other recipients provide to
the one-stop delivery system for the area in which the
development where the work is to be done, a detailed
description of the work to be done, including all projects for
which it is accepting, or will be accepting, bids, and a list
of the applicable priority categories (as set forth in
subsection (c)(1)(B) and (c)(2)(B), so that eligible low- and
very low-income persons may be appropriately trained.
``(6) That such agencies and other recipients make any
other effort that may be necessary, including contacting and
working with other job clearinghouses, job training centers,
labor groups, and resident and community groups, to increase
the number of low- and very low-income persons who are provided
with training and employment opportunities and a priority in
accordance with subsections (c)(1)(B) and (c)(2)(B).
``(g) Reports.--
``(1) Agency reports.--All public and Indian housing
agencies shall report quarterly to the Secretary on the number
of hours worked by persons eligible for a priority under
subsection (c)(1)(B) or (c)(2)(B) at the public and Indian
agency and with their contractors. Grantees shall ensure that
they and other recipients of housing and community development
funds and their contractors report quarterly to the Secretary
on the number of hours worked by persons eligible for a
priority under subsection (c)(1)(B) or (c)(2)(B). The reports
shall include at a minimum current information by job category
regarding the total number of hours worked by all persons and
by persons within each priority. The reports shall also include
current information about the dollar amount and the number of
the contracts provided to section 3 businesses, by priority
category and as a percentage of the total amount of contracts
awarded.
``(2) Report to congress.--The Secretary shall report
annually to Congress a summary of information derived from the
quarterly reports required under paragraph (1) and shall
provide information on the total amount of Federal funds that
are subject to section 3. For each program, including public
housing and other Federal housing and community development
assistance, by program, the report shall provide the number of
jobs and training opportunities generated and the number of
hours worked by low and very low income persons, and the number
and amount of contracts and percentage of total contracts
awarded to section 3 businesses.
``(h) Fines for Noncompliance.--
``(1) Fines.--If a contractor of a public or Indian housing
agency or any other contractor for a project receiving
assistance under this section fails to comply with the
requirements of this section, such contractor shall be fined by
the Secretary in an amount not less than 1 percent of the
amount of the contract with such agency.
``(2) Deposit of amounts.--The Secretary shall make the
amounts collected under paragraph (1) available to the
respective section 3 committee in the locality where such fines
are assessed for the purpose of providing job training
opportunities for low- or very low-income persons who reside in
the area of the contract described in paragraph (1).''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall promulgate regulations to
implement the requirements of subsections (e), (f), and (g) of section
3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u),
including a requirement that public and Indian housing agencies include
information regarding their compliance with this section in their five
year plan, annual plans, or any alternative plan which calls for
similar reporting.
(c) Conforming Amendments.--Section 3(c) of the Housing and Urban
Development Act of 1968 (12 U.S.C. 1701u(c) is amended--
(1) in paragraph (1)(A), by inserting before the period ``,
and development and operating assistance provided pursuant to
any other Federal housing and community development
assistance'';
(2) in paragraph (1)(B), by striking clause (iv) and
inserting after clause (iii) the following:
``(iv) To participants in section 8
programs administered by the public and Indian
housing agency.
``(v) To other low-income persons residing
within the metropolitan area (or
nonmetropolitan county) in which the assistance
is expended, with preference to very low-income
persons.'';
(3) in paragraph (2)(A), by adding at the end: ``The
Secretary shall further ensure that permanent opportunities for
training and employment created and retained as a result of
housing and community development assistance are given to low-
and very low-income persons residing within the metropolitan
area (or nonmetropolitan county) in which the project is
located.''; and
(4) in paragraph (2)(B), by inserting ``, with preference
to very low-income persons'' after ``very low-income persons''. | Earning and Living Opportunities Act - Amends the Housing and Urban Development Act of 1968 to set forth as a condition of federal housing and community development assistance that: (1) a public or Indian housing agency or contractor shall require that at least 20% of employee hours be performed by low- or very low-income persons; and (2) a recipient of assistance for housing rehabilitation, construction, or other public construction projects and their contractors shall require that at least 20% of new employee hours be performed by low- or very low-income persons.
Directs the Secretary to require a public or Indian housing agency and other recipients of federal housing and community development assistance to: (1) establish a section 3 committee of interested parties to oversee all aspects of compliance with section 3 of such Act; (2) advertise training and employment opportunities generated by development assistance; and (3) maintain a registry of eligible low- and very low-income persons who express interest in those opportunities.
(Section 3 declares the policy of the Congress to ensure that the employment and other economic opportunities generated by federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing.)
Prescribes requirements for: (1) contractor compliance and job training; and (2) agency recruitment and referral.
Establishes fines for noncompliance. | {"src": "billsum_train", "title": "To amend the Housing and Urban Development Act of 1968 to ensure improved access to employment opportunities for low-income people."} | 2,851 | 287 | 0.569227 | 1.674905 | 0.809837 | 3.735714 | 9.953571 | 0.935714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Export Promotion Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Exporting goods and services is a critical part of the
United States economy. A recent study by the International
Trade Administration recently found that 11.6 million jobs
across the country are directly supported by exports.
(2) Though United States exports have increased by one-
third since 2010 and contributed to roughly one-third of all
domestic economic growth, increases in exports have failed to
meet lofty goals established by the Administration.
(3) An important part of helping small- and mid-size
businesses begin to export or to access new markets is export
assistance provided by the Federal Government.
(4) Numerous resources for companies exist at Federal
agencies, including in the Department of Commerce, the
Department of Agriculture, the Small Business Administration,
the Department of State, the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, and
others.
(5) These Federal agencies offer programs to provide
technical and cultural assistance, low-cost financing, and the
development of future export markets overseas.
(6) While these Federal agencies and the programs they
operate provide important assistance to United States
companies, there is significant overlap among agencies that
fails to maximize Federal resources and creates confusion for
businesses seeking to navigate the bureaucracy.
(7) This confusion leads to less effective export
promotion, wasted government resources, and an inability to
track the success of Federal efforts.
(8) Specifically, the U.S. Government Accountability Office
has found that enhanced collaboration among these efforts could
improve Federal agency efforts, reduce overlap, and ease
confusion for small businesses.
(9) Intra-agency efforts have fallen short in providing
greater cohesion and communication among Federal export
programs.
(10) The U.S. Government Accountability Office found
significant shortcomings at the Trade Promotion Coordination
Committee, including a lack of information about total export
promotion resources, ineffectiveness in tracking data and
outcomes, and a failure to coordinate export promotion
resources with governmentwide policies.
(11) Given the shortcoming of Federal export assistance,
significant change is necessary to ensure the United States
maintains its global economic competitiveness while small
businesses can grow their businesses and create more jobs.
(12) By consolidating the functions of multiple Federal
agencies, including the International Trade Administration, the
Office of International Trade of the Small Business
Administration, the Trade and Development Agency, the Export
Credit Guarantee Program and Facilities Guarantee Program of
the Department of Agriculture, and the Bureau of Economic and
Business Affairs of the Department of State, into the new
Export Promotion Agency in the Department of Commerce, small-
and mid-size businesses will be able to utilize a one-stop-shop
for export assistance.
(13) These reforms will reduce waste and overlap to
maximize Federal resources, improve businesses' access to
information and assistance by cutting bureaucracy, and allow
the Department of Commerce to better track and report to
Congress on the effectiveness of its export programs.
(14) Additionally, including the Trade and Development
Agency and the Bureau of Economic and Business Affairs of the
Department of State as part of the new agency will strengthen
their coordination with traditional export assistance to ensure
that United States companies are able to take advantage of new
emerging markets overseas.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Export Promotion
Agency established under section 4(a).
(2) Functions.--The term ``functions'' includes
authorities, powers, rights, privileges, immunities, programs,
projects, activities, duties, and responsibilities.
(3) Personnel.--The term ``personnel'' means officers and
employees.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Export Promotion appointed
under section 4(b).
SEC. 4. ESTABLISHMENT OF EXPORT PROMOTION AGENCY.
(a) In General.--There is established in the Department of Commerce
an agency to be known as the ``Export Promotion Agency''.
(b) Under Secretary.--The head of the Agency shall be the Under
Secretary of Commerce for Export Promotion, who shall be appointed by
the President, by and with the advice and consent of the Senate.
(c) Transfers of Functions.--In accordance with section 7 (relating
to transition provisions), there are transferred to the Agency the
functions of each of the following:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade and Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
(d) Chairperson of TPCC.--Section 2312(d)(3) of the Export
Enhancement Act of 1992 (15 U.S.C. 4727(d)(3)) is amended by inserting
``, acting through the Under Secretary of Commerce for Export
Promotion,'' after ``Secretary of Commerce''.
(e) Compensation.--Section 5314 of title 5, United States Code, is
amended by striking ``and Under Secretary of Commerce for Travel and
Tourism'' and inserting ``Under Secretary of Commerce for Travel and
Tourism, and Under Secretary of Commerce for Export Promotion''.
SEC. 5. ORGANIZATIONAL STRUCTURE AND PERFORMANCE METRICS.
(a) In General.--The Under Secretary shall develop the following:
(1) An organizational structure for the Agency that
consolidates programs and eliminates duplicative programs,
where appropriate.
(2) Metrics designed to measure performance on an annual
basis with respect to the following:
(A) The total exports from the United States,
including exports assisted by the Agency.
(B) The number of United States business concerns,
including small- and medium-sized business concerns,
exporting, including exports assisted by the Agency.
(C) The number and presence of United States
business concerns in key foreign markets.
(b) Report.--Not later than 12 months after the date on which the
first Under Secretary takes office, the Under Secretary shall submit to
Congress a report that contains matters required under subsection (a).
SEC. 6. ANNUAL REPORTS TO CONGRESS.
The Under Secretary shall submit to Congress an annual report on
the operations of the Agency, including the following:
(1) The effectiveness of its organizational structure and
any changes made to that structure developed under section
5(a)(1).
(2) The data the Agency has received from applying the
metrics developed under section 5(a)(2).
SEC. 7. TRANSITION PROVISIONS.
(a) Acting Officials.--
(1) In general.--During the transition period, pending the
advice and consent of the Senate to the appointment of an
officer required by this Act to be appointed by and with such
advice and consent, the President may designate any officer
whose appointment was required to be made by and with such
advice and consent and who was such an officer immediately
before the effective date of this Act (and who continues in
office) or immediately before such designation, to act in such
office until the same is filled as provided in this Act. While
so acting, such officers shall receive compensation at the
higher of--
(A) the rates provided by this Act for the
respective offices in which they act; or
(B) the rates provided for the offices held at the
time of designation.
(2) Rule of construction.--Nothing in this Act shall be
understood to require the advice and consent of the Senate to
the appointment by the President to a position in the Agency of
any officer whose entity or program the functions of which are
transferred to the Agency under section 4(c) and whose duties
following such transfer are germane to those performed before
such transfer.
(b) Transfer of Personnel, Assets, Obligations, and Functions.--
(1) In general.--Upon transfer of the functions of an
entity or program to the Agency under section 4(c)--
(A) the personnel, assets, and obligations held by
or available in connection with such functions shall be
transferred to the Under Secretary for appropriate
allocation, subject to the approval of the Director of
the Office of Management and Budget and in accordance
with the provisions of section 1531(a)(2) of title 31,
United States Code; and
(B) the Under Secretary shall have all functions
relating to the entity or program that any other
official could by law exercise in relation to the
entity or program immediately before such transfer, and
shall have in addition all functions vested in the
Under Secretary by this Act or other law.
(2) Incidental transfers.--
(A) Authorization of director of office of
management and budget; termination of affairs.--The
Director of the Office of Management and Budget, at
such time or times as the Director shall provide, is
authorized and directed to make such determinations as
may be necessary with regard to the functions, entities
or programs, or portions thereof transferred by this
Act, and to make such additional incidental
dispositions of personnel, assets, liabilities, grants,
contracts, property, records, and unexpended balances
of appropriations, authorizations, allocations, and
other funds held, used, arising from, available to, or
to be made available in connection with such functions,
entities or programs, or portions thereof, as may be
necessary to carry out the provisions of this Act. The
Director shall provide for the termination of the
affairs of all entities and programs terminated by this
Act and for such further measures and dispositions as
may be necessary to effectuate the purposes of this
Act.
(B) Transfer of positions within senior executive
service.--After consultation with the Director of the
Office of Personnel Management, the Director of the
Office of Management and Budget is authorized, at such
time as the Director of the Office of Management and
Budget provides, to make such determinations as may be
necessary with regard to the transfer of positions
within the Senior Executive Service in connection with
functions and entities and programs transferred by this
Act.
(c) Savings Provisions.--
(1) Completed administrative actions.--
(A) In general.--Completed administrative actions
of an entity or program shall not be affected by the
enactment of this Act or the transfer of the functions
of such entity or program to the Agency under section
4(c), but shall continue in effect according to their
terms until amended, modified, superseded, terminated,
set aside, or revoked in accordance with law by an
officer of the United States or a court of competent
jurisdiction, or by operation of law.
(B) Definition.--For purposes of subparagraph (A),
the term ``completed administrative action'' includes
orders, determinations, rules, regulations, personnel
actions, permits, agreements, grants, contracts,
certificates, licenses, registrations, and privileges.
(2) Pending civil actions.--Subject to the authority of the
Under Secretary under this Act, pending civil actions shall
continue notwithstanding the enactment of this Act or the
transfer of the functions of an entity or program to the Agency
under section 4(c), and in such civil actions, proceedings
shall be had, appeals taken, and judgments rendered and
enforced in the same manner and with the same effect as if such
enactment or transfer had not occurred.
(3) Proceeding not affected.--
(A) In general.--The provisions of this Act shall
not affect any proceedings, including notices of
proposed rulemaking, or any application for any
license, permit, certificate, or financial assistance
pending on the effective date of this Act before any
entity or program with respect to functions transferred
by this Act, but such proceedings or applications, to
the extent that they relate to functions transferred,
shall be continued. Orders shall be issued in such
proceedings, appeals shall be taken therefrom, and
payments shall be made under such orders, as if this
Act had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified,
terminated, superseded, or revoked by the head of the
Federal agency to which such functions are transferred
by this Act, by a court of competent jurisdiction, or
by operation of law. Nothing in this subparagraph
prohibits the discontinuance or modification of any
such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this Act had not been
enacted.
(B) Regulations.--The Under Secretary is authorized
to issue regulations providing for the orderly transfer
of proceedings continued under subparagraph (A).
(d) Termination of Entities and Programs.--On the effective date of
this Act, the following entities and program shall terminate:
(1) The International Trade Administration.
(2) The Office of International Trade of the Small Business
Administration.
(3) The Trade Development Agency.
(4) The Export Credit Guarantee Program and the Facilities
Guarantee Program of the Department of Agriculture.
(5) The Bureau of Economic and Business Affairs of the
Department of State.
SEC. 8. REFERENCES.
With respect to any function of an entity or program transferred to
the Agency under section 4(c) to, and exercised on or after the
effective date specified in section 9 by, the Under Secretary, any
reference in any other Federal law, Executive order, rule, regulation,
or delegation of authority, or any document of or pertaining to an
entity or program of government from which such function is
transferred--
(1) to the head of such entity or program is deemed to
refer to the Under Secretary of Commerce for Export Promotion;
or
(2) to such entity or program is deemed to refer to the
Export Promotion Agency.
SEC. 9. EFFECTIVE DATE.
This Act takes effect on the date that is 1 year after the date of
the enactment of this Act. | Export Promotion Act This bill establishes the Export Promotion Agency in the Department of Commerce, to be headed by an Under Secretary of Commerce for Export Promotion. There are transferred to the Agency the functions of each of the following: the International Trade Administration, the Office of International Trade of the Small Business Administration, the Trade and Development Agency, the Export Credit Guarantee Program and the Facilities Guarantee Program of the Department of Agriculture, and the Bureau of Economic and Business Affairs of the Department of State. The Under Secretary shall develop: an organizational structure for the Agency that consolidates programs and eliminates duplicative programs; and metrics to measure performance with respect to the total U.S. exports and number of U.S. businesses exporting (including exports assisted by the Agency), as well as number of businesses present in key foreign markets. | {"src": "billsum_train", "title": "Export Promotion Act"} | 2,948 | 169 | 0.553272 | 1.690564 | 0.64946 | 5.240506 | 18.183544 | 0.962025 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Telemedicine Act of 1995''.
SEC. 2. ESTABLISHMENT OF PROJECT.
(a) In General.--The Secretary of Health and Human Services
(hereafter referred to as the ``Secretary'') shall establish not more
than 10 pilot projects not later than 9 months after the date of
enactment of this Act to investigate over a 3-year period the
effectiveness of the use of rural health care provider telemedicine
networks to provide coverage of physician consultative services under
part B of the medicare program to individuals residing in rural areas.
(b) Networks Defined.--In this Act, the term ``rural health care
provider telemedicine network'' (hereafter referred to as a
``network'') means a network of providers that meets the following
requirements:
(1) The network serves physicians, clinics, and other
nontertiary care providers in a rural area who have entered
into agreements with a multispecialty tertiary care provider
(without regard to whether or not such tertiary care provider
is in the rural area) regarding patient referral and transfer,
the use of joint communications systems, and the provision of
emergency and nonemergency transportation among the network
members.
(2) The area in which the network operates is a rural area
designated as a health professional shortage area (under
section 332(a) of the Public Health Service Act) or is an
underserved rural area in accordance with such other criteria
as the Secretary may specify.
SEC. 3. MEDICARE PAYMENT FOR PARTICIPANTS.
(a) In General.--Under the projects established under this Act, the
Secretary shall make payments from the Federal Supplementary Medical
Insurance Trust Fund under part B of title XVIII of the Social Security
Act in accordance with the methodology described in subsection (b) for
physicians' services consisting of a professional consultation with an
individual or entity furnishing a service for which payment may be made
under such part to a medicare beneficiary in a rural area,
notwithstanding that the individual providing the professional
consultation is not at the same location as the individual furnishing
the service to the medicine beneficiary.
(b) Methodology for Determining Amount of Payments.--Taking into
account the amount of funds available for payments under the project,
the Secretary shall establish a methodology for determining the amount
of payments made under subsection (a), and shall include in the
methodology a method for making payment for reasonable costs incurred
in the usage of signal transmission facilities suitable for the conduct
of physician consultative services.
(c) Payment for Nonphysician Providers.--Payments may be made under
subsection (a) for any service described in such paragraph, without
regard to whether or not the individual furnishing such service is a
physician.
SEC. 4. ELIGIBILITY OF NETWORKS.
(a) In General.--A network is eligible to participate in a pilot
project under this Act if--
(1) the network submits to the Secretary (at such time and
in such form as the Secretary may require) an application
containing such information and assurances as the Secretary may
require; and
(2) the network agrees to submit to the Secretary such
information as the Secretary may require to determine the
amount of payments described in section 3(b), to prepare
reports under section 6, and to otherwise carry out the
project.
(b) Rural Area Defined.--In this Act, the term ``rural area'' has
the meaning given such term in section 1886(d)(2)(D) of the Social
Security Act.
SEC. 5. CRITERIA FOR SELECTING PARTICIPANTS.
(a) Technology Applied.--In selecting among eligible networks for
participation in pilot projects under this Act, the Secretary shall
give priority to networks that provide for consultations between
patients and medical specialists involving transmission of detailed
data on the patient in a manner that serves as a reasonable substitute
for inperson interaction between the patients and the specialists.
(b) Permitting Existing Networks To Participate.--Nothing in this
Act may be construed to prohibit the Secretary from selecting a network
operating at the time of the establishment of the pilot projects from
participating in the project.
SEC. 6. REPORTS.
(a) Interim Report on Participating Sites.--Not later than 24
months after the Secretary first makes payment under subsection (b) for
services under a pilot project, the Secretary shall submit a report to
Congress describing the projects and the networks participating in the
projects under this section, including a description of the amounts
expended and the number of patients served under the projects.
(b) Final.--Not later than 1 year after the termination of the
projects, the Secretary shall submit a final report to Congress
describing the operation of the projects and containing--
(1) the Secretary's analysis of the projects' cost-
effectiveness and success in promoting the access of providers
of health care services in rural areas to consultation services
of specialist physicians;
(2) the Secretary's analysis of the impact of the projects
on the ability of patients to obtain a higher quality and
greater range of care; and
(3) such recommendations as the Secretary considers
appropriate for changes in the medicare program relating to
telemedicine, including estimates of the costs associated with
any such changes.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated from the Federal
Supplementary Medical Insurance Trust Fund under section 1841 of the
Social Security Act a total of $51,000,000 for carrying out the
demonstration project under this Act. Of such amount, not more than
$1,000,000 may be used for administrative purposes, including preparing
and submitting reports under section 6. | Rural Telemedicine Act of 1995 - Directs the Secretary of Health and Human Services to establish up to ten pilot projects to investigate, over a three-year period, the effectiveness of the use of rural health care provider telemedicine networks to provide coverage of physician consultative services to individuals in rural areas under part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of title XVIII (Medicare) of the Social Security Act.
Defines a rural health care provider telemedicine network as a network of providers that serves physicians, clinics, and other nontertiary care providers in a health professional shortage or underserved rural area who have entered into agreements with a multispecialty tertiary care provider regarding patient referral and transfer, the use of joint communications systems, and the provision of emergency and nonemergency transportation among the network members.
Requires the Secretary to make payments from the Federal Supplementary Medical Insurance Trust Fund, according to a specified methodology, for physicians' services consisting of a professional consultation with an individual or entity furnishing a service for which payment may be made to a Medicare beneficiary in a rural area, notwithstanding that the consulting individual is not at the same location as the individual furnishing the service to the beneficiary.
Sets forth criteria for selecting project participants.
Authorizes appropriations. | {"src": "billsum_train", "title": "Rural Telemedicine Act of 1995"} | 1,272 | 302 | 0.808948 | 2.495606 | 0.970274 | 5.354167 | 4.704167 | 0.9375 |
SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
ORGANIZATION.
(a) Findings.--Congress makes the following findings:
(1) Good health is important to every citizen of the world and
access to the highest standards of health information and services
is necessary to improve the public health.
(2) Direct and unobstructed participation in international
health cooperation forums and programs is beneficial for all parts
of the world, especially today with the great potential for the
cross-border spread of various infectious diseases such as the
human immunodeficiency virus (HIV), tuberculosis, and malaria.
(3) Taiwan's population of 23,500,000 people is greater than
that of \3/4\ of the member states already in the World Health
Organization (WHO).
(4) Taiwan's achievements in the field of health are
substantial, including--
(A) attaining--
(i) 1 of the highest life expectancy levels in Asia;
and
(ii) maternal and infant mortality rates comparable to
those of western countries;
(B) eradicating such infectious diseases as cholera,
smallpox, the plague, and polio; and
(C) providing children with hepatitis B vaccinations.
(5) The United States Centers for Disease Control and
Prevention and its counterpart agencies in Taiwan have enjoyed
close collaboration on a wide range of public health issues.
(6) In recent years Taiwan has expressed a willingness to
assist financially and technically in international aid and health
activities supported by the WHO.
(7) On January 14, 2001, an earthquake, registering between 7.6
and 7.9 on the Richter scale, struck El Salvador. In response, the
Taiwanese Government sent 2 rescue teams, consisting of 90
individuals specializing in firefighting, medicine, and civil
engineering. The Taiwanese Ministry of Foreign Affairs also donated
$200,000 in relief aid to the Salvadoran Government.
(8) The World Health Assembly has allowed observers to
participate in the activities of the organization, including the
Palestine Liberation Organization in 1974, the Order of Malta, and
the Holy See in the early 1950's.
(9) The United States, in the 1994 Taiwan Policy Review,
declared its intention to support Taiwan's participation in
appropriate international organizations.
(10) Public Law 106-137 required the Secretary of State to
submit a report to Congress on efforts by the executive branch to
support Taiwan's participation in international organizations, in
particular the WHO.
(11) In light of all benefits that Taiwan's participation in
the WHO can bring to the state of health not only in Taiwan, but
also regionally and globally, Taiwan and its 23,500,000 people
should have appropriate and meaningful participation in the WHO.
(12) On May 11, 2001, President Bush stated in a letter to
Senator Murkowski that the United States ``should find
opportunities for Taiwan's voice to be heard in international
organizations in order to make a contribution, even if membership
is not possible'', further stating that the administration ``has
focused on finding concrete ways for Taiwan to benefit and
contribute to the WHO''.
(13) In his speech made in the World Medical Association on May
14, 2002, Secretary of Health and Human Services Tommy Thompson
announced ``America's work for a healthy world cuts across
political lines. That is why my government supports Taiwan's
efforts to gain observership status at the World Health Assembly.
We know this is a controversial issue, but we do not shrink from
taking a public stance on it. The people of Taiwan deserve the same
level of public health as citizens of every nation on earth, and we
support them in their efforts to achieve it''.
(14) The Government of the Republic of China on Taiwan, in
response to an appeal from the United Nations and the United States
for resources to control the spread of HIV/AIDS, donated $1,000,000
to the Global Fund to Fight AIDS, Tuberculosis, and Malaria in
December 2002.
(15) In 2003, the outbreak of Severe Acute Respiratory Syndrome
(SARS) caused 84 deaths in Taiwan.
(16) Avian influenza, commonly known as bird flu, has reemerged
in Asia, with strains of the influenza reported by the People's
Republic of China, Cambodia, Indonesia, Japan, Pakistan, South
Korea, Taiwan, Thailand, Vietnam, and Laos.
(17) The SARS and avian influenza outbreaks illustrate that
disease knows no boundaries and emphasize the importance of
allowing all people access to the WHO.
(18) As the pace of globalization quickens and the spread of
infectious disease accelerates, it is crucial that all people,
including the people of Taiwan, be given the opportunity to
participate in international health organizations such as the WHO.
(19) The Secretary of Health and Human Services acknowledged
during the 2003 World Health Assembly meeting that ``[t]he need for
effective public health exists among all peoples''.
(b) Plan.--The Secretary of State is authorized to--
(1) initiate a United States plan to endorse and obtain
observer status for Taiwan at the annual week-long summit of the
World Health Assembly each year in Geneva, Switzerland;
(2) instruct the United States delegation to the World Health
Assembly in Geneva to implement that plan; and
(3) introduce a resolution in support of observer status for
Taiwan at the summit of the World Health Assembly.
(c) Report Concerning Observer Status for Taiwan at the Summit of
the World Health Assembly.--Not later than 30 days after the date of
the enactment of this Act, and not later than April 1 of each year
thereafter, the Secretary of State shall submit a report to the
Congress, in unclassified form, describing the United States plan to
endorse and obtain observer status for Taiwan at the annual week-long
summit of the World Health Assembly (WHA) held by the World Health
Organization (WHO) in May of each year in Geneva, Switzerland. Each
report shall include the following:
(1) An account of the efforts the Secretary of State has made,
following the last meeting of the World Health Assembly, to
encourage WHO member states to promote Taiwan's bid to obtain
observer status.
(2) The steps the Secretary of State will take to endorse and
obtain observer status at the next annual meeting of the World
Health Assembly in Geneva, Switzerland.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the Secretary of State to: (1) initiate, and instruct the U.S. delegation to implement, a plan to endorse and obtain observer status for Taiwan at the annual World Health Assembly summit in May 2004 in Geneva, Switzerland; and (2) introduce a resolution in support of observer status for Taiwan at such summit. Directs the Secretary to report no later than April 1 of each year on the U.S. plan to obtain observer status for Taiwan at such annual World Health Assembly summit. | {"src": "billsum_train", "title": "A bill to address the participation of Taiwan in the World Health Organization."} | 1,354 | 105 | 0.486769 | 1.380378 | 0.757454 | 4.053191 | 14.106383 | 0.946809 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taunton, Massachusetts Special
Resources Study Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The city of Taunton, Massachusetts, is home to 9
distinct historic districts, with more than 600 properties on
the National Register of Historic Places. Included among these
districts are the Church Green Historic District, the
Courthouse Historic District, the Taunton Green Historic
District, and the Reed and Barton Historic District.
(2) All of these districts include buildings and building
facades of great historical, cultural, and architectural value.
(3) Taunton Green is the site where the Sons of Liberty
first raised the Liberty and Union Flag in 1774, an event that
helped to spark a popular movement, culminating in the American
Revolution, and Taunton citizens have been among the first to
volunteer for America's subsequent wars.
(4) Robert Treat Paine, a citizen of Taunton, and the first
Attorney General of Massachusetts, was a signer of the
Declaration of Independence.
(5) Taunton was a leading community in the Industrial
Revolution, and its industrial area has been the site of many
innovations in such industries as silver manufacture, paper
manufacture, and ship building.
(6) The landscaping of the Courthouse Green was designed by
Frederick Law Olmsted, who also left landscaping ideas and
plans for other areas in the city which have great value and
interest as historical archives and objects of future study.
(7) Main Street, which connects many of the historic
districts, is home to the Taunton City Hall and the Leonard
Block building, 2 outstanding examples of early 19th Century
American architecture, as well as many other historically and
architecturally significant structures.
(8) The city and people of Taunton have preserved many
artifacts, gravesites, and important documents dating back to
1638 when Taunton was founded.
(9) Taunton was and continues to be an important
destination for immigrants from Europe and other parts of the
world who have helped to give Southeastern Massachusetts its
unique ethnic character.
SEC. 3. STUDY.
The Secretary, in consultation with the appropriate State historic
preservation officers, State historical societies, the city of Taunton,
and other appropriate organizations, shall conduct a special resources
study regarding the suitability and feasibility of designating certain
historic buildings and areas in Taunton, Massachusetts, as a unit of
the National Park System. The study shall be conducted and completed in
accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c))
and shall include analysis, documentation, and determinations regarding
whether the historic areas in Taunton--
(1) can be managed, curated, interpreted, restored,
preserved, and presented as an organic whole under management
by the National Park Service or under an alternative management
structure;
(2) have an assemblage of natural, historic, and cultural
resources that together represent distinctive aspects of
American heritage worthy of recognition, conservation,
interpretation, and continuing use;
(3) reflect traditions, customs, beliefs, and historical
events that are valuable parts of the national story;
(4) provide outstanding opportunities to conserve natural,
historic, cultural, architectural, or scenic features;
(5) provide outstanding recreational and educational
opportunities; and
(6) can be managed by the National Park Service in
partnership with residents, business interests, nonprofit
organizations, and State and local governments to develop a
unit of the National Park System consistent with State and
local economic activity.
SEC. 4. REPORT.
Not later than 3 fiscal years after the date on which funds are
first made available for this Act, the Secretary shall submit to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report on the
findings, conclusions, and recommendations of the study required under
section 3.
SEC. 5. PRIVATE PROPERTY.
The recommendations in the report submitted pursuant to section 4
shall discuss and consider the concerns expressed by private landowners
with respect to designating the certain structures referred to in this
Act as a unit of the National Park System.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be
necessary to carry out the purposes of this Act.
Passed the House of Representatives October 4, 2004.
Attest:
JEFF TRANDAHL,
Clerk. | Taunton, Massachusetts Special Resources Study Act - Directs the Secretary of the Interior to conduct a study and report findings, conclusions, and recommendations to specified congressional committees regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System (NPS).
Requires recommendations in the report to discuss and consider the concerns expressed by private landowners with respect to designating the structures referred to in this Act as a NPS unit.
Authorizes appropriations. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes."} | 921 | 116 | 0.477523 | 1.381809 | 0.61833 | 5.263158 | 9.642105 | 0.905263 |
SECTION 1. PURPOSE.
The purpose of this Act is to authorize and provide funding for the
Bureau of Reclamation to continue the implementation of the endangered
fish recovery implementation programs for the Upper Colorado and San
Juan River Basins in order to accomplish the objectives of these
programs within a currently established time schedule.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``Recovery Implementation Programs'' means the
intergovernmental programs established pursuant to the 1988
Cooperative Agreement to implement the Recovery Implementation
Program for the Endangered Fish Species in the Upper Colorado
River dated September 29, 1987, and the 1992 Cooperative
Agreement to implement the San Juan River Recovery
Implementation Program dated October 21, 1992, and as they may
be amended by the parties thereto.
(2) The term ``Secretary'' means the Secretary of the
Interior.
(3) The term ``Upper Division States'' means the States of
Colorado, New Mexico, Utah, and Wyoming.
(4) The term ``Colorado River Storage Project'' or
``storage project'' means those dams, reservoirs, power plants,
and other appurtenant project facilities and features
authorized by and constructed in accordance with the Colorado
River Storage Project Act (43 U.S.C. 620 et seq.).
(5) The term ``capital projects'' means planning, design,
permitting or other compliance, pre-construction activities,
construction, construction management, and replacement of
facilities, and the acquisition of interests in land or water,
as necessary to carry out the Recovery Implementation Programs.
(6) The term ``facilities'' includes facilities for the
genetic conservation or propagation of the endangered fishes,
those for the restoration of floodplain habitat or fish
passage, those for control or supply of instream flows, and
those for the removal or translocation of nonnative fishes.
(7) The term ``interests in land and water'' includes, but
is not limited to, long-term leases and easements, and long-
term enforcement, or other agreements protecting instream
flows.
(8) The term ``base funding'' means funding for operation
and maintenance of capital projects, implementation of recovery
actions other than capital projects, monitoring and research to
evaluate the need for or effectiveness of any recovery action,
and program management, as necessary to carry out the Recovery
Implementation Programs. Base funding also includes annual
funding provided under the terms of the 1988 Cooperative
Agreement and the 1992 Cooperative Agreement.
(9) The term ``recovery actions other than capital
projects'' includes short-term leases and agreements for
interests in land, water, and facilities; the reintroduction or
augmentation of endangered fish stocks; and the removal,
translocation, or other control of nonnative fishes.
(10) The term ``depletion charge'' means a one-time
contribution in dollars per acre-foot to be paid to the United
States Fish and Wildlife Service based on the average annual
new depletion by each project.
SEC. 3. AUTHORIZATION TO FUND RECOVERY PROGRAMS.
(a) Authorization of Appropriations for Federal Participation in
Capital Projects.--(1) There is hereby authorized to be appropriated to
the Secretary, $46,000,000 to undertake capital projects to carry out
the purposes of this Act. Such funds shall be considered a
nonreimbursable Federal expenditure.
(2) The authority of the Secretary, acting through the Bureau of
Reclamation, under this or any other provision of law to implement
capital projects for the Recovery Implementation Program for Endangered
Fish Species in the Upper Colorado River Basin shall expire in fiscal
year 2005 unless reauthorized by an Act of Congress.
(3) The authority of the Secretary to implement the capital
projects for the San Juan River Basin Recovery Implementation Program
shall expire in fiscal year 2007 unless reauthorized by an Act of
Congress.
(b) Cost of Capital Projects.--The total costs of the capital
projects undertaken for the Recovery Implementation Programs receiving
assistance under this Act shall not exceed $100,000,000 of which--
(1) costs shall not exceed $82,000,000 for the Recovery
Implementation Program for Endangered Fish Species in the Upper
Colorado River Basin through fiscal year 2005; and
(2) costs shall not exceed $18,000,000 for the San Juan
River Recovery Implementation Program through fiscal year 2007.
The amounts set forth in this subsection shall be adjusted by the
Secretary for inflation in each fiscal year beginning after the
enactment of this Act.
(c) Non-Federal Contributions to Capital Projects.--(1) The
Secretary, acting through the Bureau of Reclamation, may accept
contributed funds from the Upper Division States, or political
subdivisions or organizations with the Upper Division States, pursuant
to agreements that provide for the contributions to be used for
capital projects costs. Such funds may be expended as if appropriated
for such purposes. Such non-Federal contributions shall not exceed
$17,000,000.
(2) In addition to the contribution described in paragraph (1), the
Secretary of Energy, acting through the Western Area Power
Administration, and the Secretary of the Interior, acting through the
Bureau of Reclamation, may utilize power revenues collected pursuant to
the Colorado River Storage Project Act to carry out the purposes of
section 3(c) of this Act. Such funds shall be treated as reimbursable
costs assigned to power for repayment under section 5 of the Colorado
River Storage Project Act. This additional contribution shall not
exceed $17,000,000. Such funds shall be considered a non-Federal
contribution for the purposes of this Act.
(3) The additional funding provided pursuant to paragraph (2) may
be provided through loans from the Colorado Water Conservation Board
Construction Fund (37-60-121 C.R.S.) to the Western Area Power
Administration in lieu of funds which would otherwise be collected from
power revenues and used for storage project repayments. The Western
Area Power Administration is authorized to repay such loan or loans
from power revenues collected beginning in fiscal year 2012, subject to
an agreement between the Colorado Water Conservation Board, the Western
Area Power Administration, and the Bureau of Reclamation. The agreement
and any future loan contracts that may be entered into by the Colorado
Water Conservation Board, the Western Area Power Administration, and
the Bureau of Reclamation shall be negotiated in consultation with Salt
Lake City Area Integrated Projects Firm Power Contractors. The
agreement and loan contracts shall include provisions designed to
minimize impacts on electrical power rates and shall ensure that loan
repayment to the Colorado Water Conservation Board, including principal
and interest, is completed no later than September 30, 2057. The
Western Area Power Administration is authorized to include in power
rates such sums as are necessary to carry out this paragraph and
paragraph (2).
(4) All contributions made pursuant to this subsection shall be in
addition to the cost of replacement power purchased due to modifying
the operation of the Colorado River Storage Project and the capital
cost of water from Wolford Mountain Reservoir in Colorado. Such costs
shall be considered as non-Federal contributions, not to exceed
$20,000,000.
(d) Base Funding.--(1) Beginning in the first fiscal year
commencing after the date of enactment of this Act, the Secretary may
utilize power revenues collected pursuant to the Colorado River Storage
Project Act for the annual base funding contributions to the Recovery
Implementation Programs by the Bureau of Reclamation. Such funding
shall be treated as nonreimbursable and as having been repaid and
returned to the general fund of the Treasury as costs assigned to power
for repayment under section 5 of the Colorado River Storage Project
Act.
(2) For the Recovery Implementation Program for the Endangered Fish
Species in the Upper Colorado River Basin, the contributions to base
funding referred to in paragraph (1) shall not exceed $4,000,000 per
year. For the San Juan River Recovery Implementation Program, such
contributions shall not exceed $2,000,000 per year. The Secretary shall
adjust such amounts for inflation in fiscal years commencing after the
enactment of this Act. The utilization of power revenues for annual
base funding shall cease after the fiscal year 2011, unless
reauthorized by Congress; except that power revenues may continue to be
utilized to fund the operation and maintenance of capital projects and
monitoring. No later than the end of fiscal year 2008, the Secretary
shall submit a report on the utilization of power revenues to the
appropriate Committees of the United States Senate and the House of
Representatives. The Secretary shall also make a recommendation in such
report regarding the need for continued funding after fiscal year 2011
that may be required to fulfill the goals of the Recovery
Implementation Programs. The Western Area Power Administration and the
Bureau of Reclamation shall maintain sufficient revenues in the
Colorado River Basin Fund to meet their obligation to provide base
funding in accordance with this provision. If the Western Area Power
Administration and the Bureau of Reclamation determine that the funds
in the Colorado River Basin Fund will not be sufficient to meet the
obligations of section 5(c)(1) of the Colorado River Storage Project
Act for a 3-year period, the Western Area Power Administration and the
Bureau of Reclamation shall request appropriations to meet base funding
obligations. Nothing in this Act shall otherwise modify or amend
existing agreements among participants regarding base funding and
depletion charges for the Recovery Implementation Programs.
(e) Authority To Retain Appropriated Funds.--At the end of each
fiscal year any unexpended appropriated funds for capital projects
under this Act shall be retained for use in future fiscal years.
Unexpended funds under this Act that are carried over shall continue to
be used to implement the capital projects needed for the Recovery
Implementation Programs.
(f) Additional Authority.--The Secretary may enter into agreements
and contracts with Federal and non-Federal entities, acquire and
transfer interests in land, water, and facilities, and accept or give
grants in order to carry out the purposes of this Act.
(g) Indian Trust Assets.--The Congress finds that much of the
potential water development in the San Juan River Basin is for the
benefit of Indian tribes and most of the federally designated critical
habitat for the endangered fish species in the Basin is on Indian trust
lands. Nothing in this Act shall be construed to restrict the
Secretary, acting through the Bureau of Reclamation and the Bureau of
Indian Affairs, from funding activities or capital projects in
accordance with the Federal Government's Indian trust responsibility.
SEC. 4. EFFECT ON RECLAMATION LAW.
Construction of facilities and acquisition of land and water
interests under this Act shall not render these facilities or land and
water interests or associated processes and procedures subject to the
Reclamation Act of 1902 and Acts supplementary thereto and amendatory
thereof. | Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects for the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin and the San Juan River Basin Recovery Implementation Program. Terminates the authority of the Secretary to implement such projects for such Programs in in FY 2005 and 2007, respectively. Limits to $100 million the total costs of such projects.
Authorizes: (1) the Secretary to accept contributed funds from Colorado, New Mexico, Utah, and Wyoming, or political subdivisions or organizations thereof, pursuant to agreements that provide for the contributions to be used for capital project costs;(2) the Secretary and the Secretary of Energy, acting through the Western Area Power Administration, to utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act; and (3) the Secretary to utilize such power revenues for the annual base funding contributions to the programs by the Bureau for a specified period. Requires the Secretary to report to the appropriate congressional committees on the utilization of such power revenues.
Authorizes the retention of unexpended appropriated funds for projects under this Act for use in future fiscal years.
States that nothing in this Act shall restrict the Secretary from funding activities or capital projects in accordance with the Federal Government's Indian trust responsibility. | {"src": "billsum_train", "title": "A bill to authorize the Bureau of Reclamation to provide cost sharing for the endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins."} | 2,283 | 280 | 0.598263 | 1.822705 | 0.738765 | 4.733333 | 8.466667 | 0.945098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atchafalaya National Heritage Area
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Heritage area.--The term ``Heritage Area'' means the
Atchafalaya National Heritage Area established by section 3(a).
(2) Local coordinating entity.--The term ``local
coordinating entity'' means the local coordinating entity for
the Heritage Area designated by section 3(c).
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Area developed under
section 5.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of
Louisiana.
SEC. 3. ATCHAFALAYA NATIONAL HERITAGE AREA.
(a) Establishment.--There is established in the State the
Atchafalaya National Heritage Area.
(b) Boundaries.--The Heritage Area shall consist of the whole of
the following parishes in the State: St. Mary, Iberia, St. Martin, St.
Landry, Avoyelles, Pointe Coupee, Iberville, Assumption, Terrebonne,
Lafayette, West Baton Rouge, Concordia, and East Baton Rouge.
(c) Local Coordinating Entity.--
(1) In general.--The Atchafalaya Trace Commission shall be
the local coordinating entity for the Heritage Area.
(2) Composition.--The local coordinating entity shall be
composed of 13 members appointed by the governing authority of
each parish within the Heritage Area.
SEC. 4. AUTHORITIES AND DUTIES OF THE LOCAL COORDINATING ENTITY.
(a) Authorities.--For the purposes of developing and implementing
the management plan and otherwise carrying out this Act, the local
coordinating entity may--
(1) make grants to, and enter into cooperative agreements
with, the State, units of local government, and private
organizations;
(2) hire and compensate staff; and
(3) enter into contracts for goods and services.
(b) Duties.--The local coordinating entity shall--
(1) submit to the Secretary for approval a management plan;
(2) implement the management plan, including providing
assistance to units of government and others in--
(A) carrying out programs that recognize important
resource values within the Heritage Area;
(B) encouraging sustainable economic development
within the Heritage Area;
(C) establishing and maintaining interpretive sites
within the Heritage Area; and
(D) increasing public awareness of, and
appreciation for the natural, historic, and cultural
resources of, the Heritage Area;
(3) adopt bylaws governing the conduct of the local
coordinating entity; and
(4) for any year for which Federal funds are received under
this Act, submit to the Secretary a report that describes, for
the year--
(A) the accomplishments of the local coordinating
entity; and
(B) the expenses and income of the local
coordinating entity.
(c) Acquisition of Real Property.--The local coordinating entity
shall not use Federal funds received under this Act to acquire real
property or an interest in real property.
(d) Public Meetings.--The local coordinating entity shall conduct
public meetings at least quarterly.
SEC. 5. MANAGEMENT PLAN.
(a) In General.--The local coordinating entity shall develop a
management plan for the Heritage Area that incorporates an integrated
and cooperative approach to protect, interpret, and enhance the
natural, scenic, cultural, historic, and recreational resources of the
Heritage Area.
(b) Consideration of Other Plans and Actions.--In developing the
management plan, the local coordinating entity shall--
(1) take into consideration State and local plans; and
(2) invite the participation of residents, public agencies,
and private organizations in the Heritage Area.
(c) Contents.--The management plan shall include--
(1) an inventory of the resources in the Heritage Area,
including--
(A) a list of property in the Heritage Area that--
(i) relates to the purposes of the Heritage
Area; and
(ii) should be preserved, restored,
managed, or maintained because of the
significance of the property; and
(B) an assessment of cultural landscapes within the
Heritage Area;
(2) provisions for the protection, interpretation, and
enjoyment of the resources of the Heritage Area consistent with
this Act;
(3) an interpretation plan for the Heritage Area; and
(4) a program for implementation of the management plan
that includes--
(A) actions to be carried out by units of
government, private organizations, and public-private
partnerships to protect the resources of the Heritage
Area; and
(B) the identification of existing and potential
sources of funding for implementing the plan.
(d) Submission to Secretary for Approval.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the local coordinating entity shall
submit the management plan to the Secretary for approval.
(2) Effect of failure to submit.--If a management plan is
not submitted to the Secretary by the date specified in
paragraph (1), the Secretary shall not provide any additional
funding under this Act until a management plan for the Heritage
Area is submitted to the Secretary.
(e) Approval.--
(1) In general.--Not later than 90 days after receiving the
management plan submitted under subsection (d)(1), the
Secretary, in consultation with the State, shall approve or
disapprove the management plan.
(2) Action following disapproval.--
(A) In general.--If the Secretary disapproves a
management plan under paragraph (1), the Secretary
shall--
(i) advise the local coordinating entity in
writing of the reasons for the disapproval;
(ii) make recommendations for revisions to
the management plan; and
(iii) allow the local coordinating entity
to submit to the Secretary revisions to the
management plan.
(B) Deadline for approval of revision.--Not later
than 90 days after the date on which a revision is
submitted under subparagraph (A)(iii), the Secretary
shall approve or disapprove the revision.
(f) Revision.--
(1) In general.--After approval by the Secretary of a
management plan, the local coordinating entity shall
periodically--
(A) review the management plan; and
(B) submit to the Secretary, for review and
approval by the Secretary, the recommendations of the
local coordinating entity for any revisions to the
management plan that the local coordinating entity
considers to be appropriate.
(2) Expenditure of funds.--No funds made available under
this title shall be used to implement any revision proposed by
the local coordinating entity under paragraph (1)(B) until the
Secretary approves the revision.
SEC. 6. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.
(a) Notification and Consent of Property Owners Required.--No
privately owned property shall be preserved, conserved, or promoted by
the management plan for the Heritage Area until the owner of that
private property has been notified in writing by the management entity
and has given written consent to the management entity for such
preservation, conservation, or promotion.
(b) Landowner Withdraw.--Any owner of private property included
within the boundary of the Heritage Area shall have that private
property immediately removed from the boundary by submitting a written
request to the management entity.
SEC. 7. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act shall be
construed to--
(1) require any private property owner to allow public
access (including Federal, State, or local government access)
to such private property; or
(2) modify any provision of Federal, State, or local law
with regard to public access to or use of private property.
(b) Liability.--Designation of the Heritage Area shall not be
considered to create any liability, or to have any effect on any
liability under any other law, of any private property owner with
respect to any persons injured on that private property.
(c) Participation of Private Property Owners in Heritage Area.--
Nothing in this Act shall be construed to require the owner of any
private property located within the boundaries of the Heritage Area to
participate in or be associated with the Heritage Area.
SEC. 8. EFFECT OF ACT.
Nothing in this Act or in establishment of the Heritage Area--
(1) grants any Federal agency regulatory authority over any
interest in the Heritage Area, unless cooperatively agreed on
by all involved parties;
(2) modifies, enlarges, or diminishes any authority of the
Federal Government or a State or local government to regulate
any use of land as provided for by law (including regulations)
in existence on the date of enactment of this Act;
(3) grants any power of zoning or land use to the local
coordinating entity;
(4) imposes any environmental, occupational, safety, or
other rule, standard, or permitting process that is different
from those in effect on the date of enactment of this Act that
would be applicable had the Heritage Area not been established;
(5)(A) imposes any change in Federal environmental quality
standards; or
(B) authorizes designation of any portion of the Heritage
Area that is subject to part C of title I of the Clean Air Act
(42 U.S.C. 7470 et seq.) as class 1 for the purposes of that
part solely by reason of the establishment of the Heritage
Area;
(6) authorizes any Federal or State agency to impose more
restrictive water use designations, or water quality standards
on uses of or discharges to, waters of the United States or
waters of the State within or adjacent to the Heritage Area
solely by reason of the establishment of the Heritage Area;
(7) abridges, restricts, or alters any applicable rule,
standard, or review procedure for permitting of facilities
within or adjacent to the Heritage Area; or
(8) affects the continuing use and operation, where located
on the date of enactment of this Act, of any public utility or
common carrier.
SEC. 9. REPORTS.
For any year in which Federal funds have been made available under
this Act, the local coordinating entity shall submit to the Secretary a
report that describes--
(1) the accomplishments of the local coordinating entity;
and
(2) the expenses and income of the local coordinating
entity.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act $10,000,000, of which not more than $1,000,000 shall be
made available for any fiscal year.
(b) Cost-Sharing Requirement.--The Federal share of the total cost
of any activity assisted under this Act shall be not more than 50
percent.
SEC. 11. TERMINATION OF AUTHORITY.
The authority of the Secretary to provide assistance to the local
coordinating entity under this Act terminates on the date that is 15
years after the date of enactment of this Act. | Atchafalaya National Heritage Area Act - (Sec. 3) Establishes the Atchafalaya National Heritage Area in Louisiana.
Designates the Atchafalaya Trace Commission as the local coordinating entity (the entity) of the Heritage Area.
(Sec. 4) Prohibits the use of Federal funds received under this Act to acquire real property.
(Sec. 5) Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to protect, interpret, and enhance the resources of the Heritage Area.
(Sec. 6) Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.
(Sec. 7) Sets forth private property protections.
(Sec. 8) Declares the effect of this Act with regard to certain authorities and powers.
(Sec. 9) Requires the entity to report to the Secretary concerning its expenditures for any year Federal funds are made available under this Act.
(Sec. 10) Authorizes appropriations. Limits: (1) the availability of funds for any fiscal year to $1,000,000; and (2) the Federal share of the total cost of any activity assisted under this Act to 50 percent.
(Sec. 11) Terminates the authority of the Secretary to provide assistance to the entity 15 years after enactment. | {"src": "billsum_train", "title": "A bill to establish the Atchafalaya National Heritage Area in the State of Louisiana."} | 2,397 | 312 | 0.666262 | 2.002732 | 0.811175 | 3.37931 | 8.505747 | 0.927203 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Philanthropic
Facilitation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; Table of Contents.
Sec. 2. Facilitation of program-related investments.
Sec. 3. Declaratory judgment remedy.
Sec. 4. Information returns.
Sec. 5. Publicity of information.
Sec. 6. Conforming amendments.
Sec. 7. Regulations.
Sec. 8. Effective date.
SEC. 2. FACILITATION OF PROGRAM-RELATED INVESTMENTS.
Subsection (c) of section 4944 of the Internal Revenue Code of 1986
is amended to read as follows:
``(c) Program Related Investments.--
``(1) Treatment of program related investments.--For
purposes of this subchapter, program-related investments--
``(A) are not investments which jeopardize the
carrying out of one or more purposes described in
section 170(c)(2)(B),
``(B) are not business holdings under section 4943,
and
``(C) may be qualifying distributions under section
4942.
``(2) Program-related investments defined.--
``(A) In general.--For purposes of this subchapter
and chapter 61, an investment made by a private
foundation constitutes a program-related investment
if--
``(i) the primary purpose of the investment
is to accomplish one or more of the purposes
described in section 170(c)(2)(B),
``(ii) no significant purpose of the
investment is the production of income or the
appreciation of property, and
``(iii) no purpose of the investment is to
accomplish one or more of the purposes
described in section 170(c)(2)(D).
``(B) Special rules.--For purposes of subparagraph
(A)--
``(i) determinations of whether an
investment qualifies as a program-related
investment shall be based on consideration of
all relevant facts and circumstances, and
``(ii) the fact that the entity produces
significant income or capital appreciation
shall not, in the absence of other factors, be
conclusive evidence of a significant purpose
involving the production of income or the
appreciation of property.
``(3) Safe harbor determinations.--The Secretary shall
establish a procedure which shall be substantially similar to
the processes for recognition of exemption under section 501(a)
or 4945(g) and under which an entity seeking to receive
program-related investments may petition the Secretary for a
determination that, based on consideration of all relevant
facts and circumstances, investments by private foundations in
such entity will be program-related investments meeting the
requirements of paragraph (2). Under this procedure, the
Secretary shall rule on all requests within 120 days of
submission.
``(4) Effect of determination.--Once a determination has
been made that investments in an entity qualify as program-
related investments, organizations making such investments
shall be entitled to rely on the determination, unless and
until the Secretary publishes notice of revocation of the
determination.
``(5) Voluntary nature of process.--Entities seeking
program-related investments are not required to seek a
determination under paragraph (3), and the absence of such a
determination shall not affect the ability of a private
foundation to make a program-related investment based on its
own determination that the investment qualifies as a program-
related investment.
``(6) Organizations treated as private foundations.--For
purposes of this subsection and section 6104A, all references
to private foundations include organizations that are treated
as private foundations under any of the provisions of sections
4940 through 4948, inclusive, whether created under state law
or the law of any federally-recognized tribe.''.
SEC. 3. DECLARATORY JUDGMENT REMEDY.
Paragraph (1) of section 7428(a) of the Internal Revenue Code of
1986 is amended by striking ``or'' at the end of subparagraph (C) and
by adding after subparagraph (D) the following new subparagraph:
``(E) with respect to whether investments in an
entity are program-related investments (as described in
section 4944(c)(2)), or''.
SEC. 4. INFORMATION RETURNS.
Part III of subchapter A of chapter 61 of the Internal Revenue Code
of 1986 is amended by inserting after section 6033 the following new
section:
``SEC. 6033A. INFORMATION REPORTING BY FOR-PROFIT ORGANIZATIONS
RECEIVING PROGRAM-RELATED INVESTMENTS.
``(a) Organizations Required To File.--If investments in an entity
have been determined to be program-related investments through a
determination of the Internal Revenue Service pursuant to section
4944(c)(3) or by a determination of a court pursuant to section
7428(a), the entity shall, in addition to any other applicable filing
obligations, file an annual return providing the information specified
in subsection (b) for any taxable year in which it receives or retains
one or more program-related investments (as defined in section
4944(c)(2)).
``(b) Required Reporting.--The return described in subsection (a)
shall provide, in such manner and at such time as the Secretary may by
forms or regulations prescribe, the following information--
``(1) the organization's gross income for the year,
``(2) its expenses attributable to such income incurred
within the year,
``(3) its disbursements within the year for one or more
purposes described in section 170(c)(2)(B), together with a
narrative statement describing the results obtained from the
use of those assets for such one or more purposes described in
section 170(c)(2)(B),
``(4) a balance sheet showing its assets, liabilities, and
net worth as of the beginning and end of such year,
``(5) the names and addresses of all private foundations
holding program-related investments in the organization,
``(6) a statement of the portion of its liabilities and net
worth that represent capitalization obtained by means of
program-related investments as of the beginning and end of such
year,
``(7) a statement of any interest, dividends, or other
distributions paid with respect to any program-related
investments during the year, and
``(8) such other information as may be necessary for the
return described in subsection (a) to satisfy the annual
financial reporting required by the expenditure responsibility
rules pursuant to the regulations under section 4945 or as the
Secretary may by forms or regulations prescribe.''.
SEC. 5. PUBLICITY OF INFORMATION.
Subchapter B of chapter 61 of the Internal Revenue Code of 1986 is
amended by inserting after section 6104 the following new section:
``SEC. 6104A. PUBLICITY OF INFORMATION REGARDING ORGANIZATIONS
RECEIVING PROGRAM-RELATED INVESTMENTS.
``(a) Inspection of Petitions for Determination of Program-Related
Investment Status.--If an entity seeks a determination pursuant to
section 4944(c)(3) that investments by private foundations in such
organization will be program-related investments, the petition seeking
such a determination, together with any documents submitted in support
of such petition and any determination or other document issued by the
Internal Revenue Service with respect to such petition, shall be open
to public inspection at the national office of the Internal Revenue
Service.
``(b) Inspection of Annual Information Returns.--The information
required to be furnished by section 6033A, together with the names and
addresses of such entity, shall be made available to the public at such
times and in such places as the Secretary may prescribe.
``(c) Public Inspection of Petitions and Annual Information
Returns.--Any entity that receives a determination from the Internal
Revenue Service that private foundation investments shall be program-
related investments pursuant to section 4944(c)(3) shall make copies
available at the organization's principal office, during regular
business hours, of the petition for such determination (together with
supporting materials provided with the petition and documents issued by
the Internal Revenue Service with respect to such petition), as well as
the annual returns required by section 6033A filed by such
organization. Upon request of an individual made at such principal
office, copies of such petition materials and annual reports shall be
provided to such individual without charge other than a reasonable fee
for any reproduction and mailing costs. The inspection and duplication
rights granted in this subsection shall apply to an annual return only
during the three-year period beginning on the last day prescribed for
filing such return (determined with regard to any extension of time for
filing).
``(d) Limitation on Providing Copies.--Paragraph (c) shall not
apply to any request if, in accordance with regulations promulgated by
the Secretary, the entity has made the requested documents widely
available, or the Secretary determines, upon application by an entity,
that such request is part of a harassment campaign and that compliance
with such request is not in the public interest.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Conforming Change to Section 501(n).--Paragraph (4)(A) of
section 501(n) of the Internal Revenue Code of 1986 is amended by
inserting ``paragraph (2) of'' before ``section 4944(c).''
(b) Conforming Change to Section 514(b).--Paragraph (1) of section
514(b) of the Internal Revenue Code of 1986 is amended by redesignating
subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting
after subparagraph (C) the following new subparagraph:
``(D) any property owned or treated as owned by a
private foundation by virtue of its having made an
investment in an entity that has received a
determination from the Internal Revenue Service
pursuant to section 4944(c)(3), or by a court pursuant
to section 7428(a), that such investments in such
entity qualify as program-related investments;''.
(c) Conforming Change to Section 4943(d).--Paragraph (3) of section
4943(d) of the Internal Revenue Code of 1986 is amended by striking
``or'' at the end of subparagraph (A), by redesignating subparagraph
(B) as subparagraph (C) and by inserting after subparagraph (A) the
following new subparagraph:
``(B) any program-related investment, as defined in
section 4944(c)(2), or''.
SEC. 7. REGULATIONS.
The Secretary of the Treasury shall, not later than 1 year after
the date of the enactment of this Act, amend any applicable regulations
as may be necessary or appropriate to implement any amendments
contained in this Act or to carry out the purposes of this Act,
including providing additional examples of qualifying program-related
investments.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply to investments made
after the date of the enactment of this Act in taxable years ending
after such date. | Philanthropic Facilitation Act - Amends the Internal Revenue Code to: (1) expand the definition of, and requirements relating to, "program-related investments" made by private foundations to for-profit entities to further certain charitable purposes; (2) allow a judicial determination (i.e., declaratory judgment) as to whether investments in any entity qualify as program-related investments; (3) require expanded reporting by for-profit entities that receive program-related investments of their gross income, expenses, disbursements, and other information; and (4) allow public inspection of any petition seeking a determination that an investment by a private foundation is a program-related investment and of any information reported by organizations receiving program-related investments. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to facilitate program-related investments by private foundations."} | 2,482 | 157 | 0.539772 | 1.492019 | 0.769414 | 2.58156 | 15.751773 | 0.865248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eradication of Slavery in Sudan Act
of 2007''.
SEC. 2. ESTABLISHMENT AND COMPOSITION.
(a) In General.--There is established the United States Commission
to Monitor Slavery and its Eradication in Sudan (in this Act referred
to as the ``Commission'').
(b) Membership.--
(1) Appointment.--The Commission shall be composed of five
members, who are not employees of the Federal Government and
who shall be appointed as follows:
(A) One member of the Commission shall be appointed
by the President.
(B) One member of the Commission shall be appointed
by the Speaker of the House of Representatives.
(C) One member of the Commission shall be appointed
by the majority leader of the Senate.
(D) One member shall be appointed by the minority
leader of the House of Representatives.
(E) One member shall be appointed by the minority
leader of the Senate.
(2) Selection.--
(A) In general.--Members of the Commission shall be
selected from among distinguished individuals noted for
their knowledge about Sudan and who have experience in
fields relevant to the issues of abduction and
enslavement of persons, human rights, and international
law.
(B) Security clearances.--Each member of the
Commission shall be required to obtain an appropriate
security clearance necessary to carry out the purposes
of this Act.
(3) Time of appointment.--The appointments required under
paragraph (1) shall be made not later than 90 days after the
date of the enactment of this Act.
(c) Term of Office.--The term of office of each member of the
Commission shall be three years. Members of the Commission shall be
eligible for reappointment to a second term.
(d) Time for Meetings and Elections of Chair.--
(1) Initial meeting.--Not later than 60 days after all the
appointments have been made under subsection (b), the
Commission shall hold its initial meeting.
(2) Election of chair.--A majority of the members of the
Commission present and voting at the initial meeting shall
elect the Chair of the Commission.
(3) Subsequent meetings.--The Commission shall meet at the
call of the Chair or, if no Chair has been elected for that
calendar year, at the call of three voting members of the
Commission.
(4) Subsequent elections of chair.--At the first meeting of
the Commission in each calendar year, a majority of the members
of the Commission present and voting shall elect the Chair of
the Commission.
(e) Executive Director.--Not later than 60 days after the initial
meeting under subsection (d)(1), the Chair, in consultation with the
members of the Commission, shall hire an Executive Director.
(f) Duties of Executive Director.--The Executive Director hired
under subsection (e) shall--
(1) prepare a workplan for the Commission's duties under
section 3;
(2) devise a budget for the annual operations of the
Commission;
(3) hire staff and consultants for the Commission;
(4) develop working relationships with like-minded civil
society organizations; and
(5) work with the General Services Administration to
identify offices for the Commission and take all necessary
actions for the Commission to occupy its space, acquire
equipment, and secure all necessary services.
(g) Quorum.--Three voting members of the Commission shall
constitute a quorum for purposes of conducting the affairs of the
Commission.
(h) Vacancies.--Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(i) Administrative Support.--The President shall provide working
space for the Commission at no cost through the General Services
Administration.
(j) Funding.--Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Commission.
SEC. 3. RESPONSIBILITIES OF THE COMMISSION.
(a) In General.--The Commission shall have as its primary
responsibilities--
(1) reporting on progress made by the Government of Sudan
and nongovernmental organizations in identifying the location
of slaves in Sudan and ensuring their freedom;
(2) working with the Government of Sudan to ensure safe
passage of freed slaves and family reunification;
(3) documenting existing cases of slavery and working to
prevent new cases from occurring;
(4) assessing and reporting on the needs of former slaves
for access to basic education and skills training, as well as
medical, social, and psychological support for their effective
rehabilitation and reintegration into society;
(5) identifying those individuals and groups responsible
for slavery and reporting on whether such individuals and
groups are brought to justice;
(6) reviewing programs of relevant United States Government
agencies with respect to slavery in Sudan, including the United
States Agency for International Development, the Department of
State, the President's Interagency Task Force to Monitor and
Combat Trafficking in Persons, and the Human Smuggling and
Trafficking Center; and
(7) recommending actions to be taken by the United States
Government with respect to the Government of Sudan in response
to the Sudanese Government's inaction to eradicate slavery, in
accordance with subsection (c).
(b) Hearings and Sessions.--The Commission may, for the purpose of
carrying out its duties under this Act, hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission determines necessary.
(c) Policy Review and Recommendations.--
(1) In general.--The Commission, in evaluating United
States Government policies, shall consider policy options and
recommend actions to be taken by the United States Government
in accordance with paragraph (2) with respect to the Government
of Sudan.
(2) Failure to act to eradicate slavery.--To the extent
that the Government of Sudan fails to act to eradicate slavery,
such options and actions referred to in paragraph (1) may
include diplomatic inquiries, diplomatic protests, official
public protest, demarche of protest, condemnation within
multilateral fora, delay or cancellation of cultural or
scientific exchanges, delay or cancellation of working,
official, or state visits, reduction or termination of certain
assistance funds, imposition of targeted or broad trade
sanctions, and withdrawal of the chief of mission.
SEC. 4. REPORT OF THE COMMISSION.
(a) In General.--Not later than October 1st of each year, the
Commission shall submit to the Secretary of State a report on the
efforts of the Commission with respect to its responsibilities under
subsection (a) of section 3.
(b) Classified Form of Report.--The report may be submitted in
classified form, together with a public summary of policy
recommendations made pursuant to section 3(c), if the classification of
information would further the purposes of this Act.
(c) Individual or Dissenting Views.--Each member of the Commission
may include the individual or dissenting views of the member.
SEC. 5. APPLICABILITY OF OTHER LAWS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Commission.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Commission $1,500,000 for fiscal year 2008 and $2,000,000 for fiscal
year 2009 to carry out the purposes of this Act.
(b) Availability of Funds.--Amounts authorized to be appropriated
under subparagraph (a) are authorized to remain available until
expended, but not later than the date of the termination of the
Commission.
SEC. 7. TERMINATION.
The Commission shall terminate six years after the initial
appointment of all of the members of the Commission. | Eradication of Slavery in Sudan Act of 2007 - Establishes the United States Commission to Monitor Slavery and its Eradication in Sudan, which shall have as its primary responsibility: (1) reporting on progress made by the government of Sudan and nongovernmental organizations in identifying the location of slaves in Sudan and ensuring their freedom; (2) working with the government of Sudan to ensure safe passage of freed slaves and family reunification; (3) documenting existing cases of slavery and working to prevent new cases from occurring; (4) ensuring that former slaves have access to basic education and skill training, as well as medical, social, and psychological support needed for their rehabilitation and reintegration into society; (5) ensuring that those individuals responsible for slavery are brought to justice; and (6) recommending U.S. government actions in response to the Sudanese government's inaction to eradicate slavery.
Terminates the Commission six years after the initial appointment of all of the members. | {"src": "billsum_train", "title": "To establish the United States Commission to Monitor Slavery and its Eradication in Sudan."} | 1,715 | 210 | 0.565844 | 1.619918 | 0.662512 | 6.351648 | 8.78022 | 0.967033 |
SECTION 1. PREFERENTIAL INCOME TAX TREATMENT FOR POLITICAL
ORGANIZATIONS LIMITED TO PRINCIPAL CAMPAIGN COMMITTEES.
(a) In General.--The text of section 527 of the Internal Revenue
Code of 1986 (relating to political organizations) is amended by
striking ``political organization'' each place it appears and inserting
``principal campaign committee''.
(b) Technical and Conforming Amendments.--
(1) Subsection (b) of section 527 of such Code is amended
by striking ``the highest rate'' and inserting ``the
appropriate rates''.
(2) Section 527 of such Code is amended by striking
paragraph (1) of subsection (e), by moving paragraph (2) of
subsection (h) and inserting it before paragraph (2) of
subsection (e) and by redesignating such paragraph as paragraph
(1), and by striking the remainder of subsection (h).
(3) Section 527 of such Code is amended by striking
subsection (g) (relating to newsletter funds).
(4) Paragraph (1) of section 527(f) of such Code is amended
by adding at the end the following flush sentence:
``In applying subsection (b) for purposes of this subsection,
paragraph (1) of subsection (b) shall be applied by
substituting `the highest rate' for `the appropriate rates'.''
(5) The subsection heading for subsection (c) of section
527 of such Code is amended by striking ``Political
Organization'' and inserting ``Principal Campaign Committee''.
(6)(A) The section heading for section 527 of such Code is
amended to read as follows:
``SEC. 527. PRINCIPAL CAMPAIGN COMMITTEES.''
(B) The table of sections for part VI of subchapter F of
chapter 1 of such Code is amended by striking the item relating
to section 527 and inserting the following:
``Sec. 527. Principal campaign
committees.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 2. CANCELLATION OF LOAN TO A PRINCIPAL CAMPAIGN COMMITTEE INCLUDED
IN SUCH COMMITTEE'S TAXABLE INCOME.
(a) In General.--Subsection (c) of section 527 of the Internal
Revenue Code of 1986 (defining principal campaign committee taxable
income) is amended by adding at the end the following new paragraph:
``(4) Treatment of canceled loans.--
``(A) In general.--The term `exempt function
income' shall not include--
``(i) a contribution in the form of the
cancellation of any loan made to the principal
campaign committee, or
``(ii) any other contribution made directly
or indirectly from the lender of any loan to
the principal campaign committee if such
contribution is used directly or indirectly to
make payments on such loan.
``(B) Exceptions.--Subparagraph (A) shall not apply
with respect to--
``(i) any loan made by a bank (as defined
in section 581), or
``(ii) any loan made by a candidate for
Congress to the extent that the amount of
contributions referred to in subparagraph (A)
with respect to such loan does not exceed
$2,000.''
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 3. INCLUSION IN GROSS INCOME FOR CONTRIBUTIONS IN EXCESS OF $100
TO POLITICAL ORGANIZATIONS.
(a) In General.--Part VI of subchapter F of chapter 1 of the
Internal Revenue Code of 1986 (relating to political organizations) is
amended by adding at the end the following new section:
``SEC. 528. INCLUSION IN GROSS INCOME FOR CONTRIBUTIONS IN EXCESS OF
$100 TO POLITICAL ORGANIZATIONS.
``(a) In General.--Notwithstanding any other provision of law--
``(1) the gross income of any political organization shall
include any amount contributed in cash to such organization
during a calendar year by any person to the extent the amount
contributed directly or indirectly to such organization by such
person during such year exceeds $100, and
``(2) the amount included in gross income under paragraph
(1) shall be subject to tax under this chapter.
``(b) Political Organization.--The term `political organization'
means a party, committee, association, fund, or other organization
(whether or not incorporated) organized and operated primarily for the
purpose of directly or indirectly accepting contributions or making
expenditures, or both, for an exempt function (as defined in section
527(e)).''
(b) Clerical Amendment.--The table of sections for such part VI is
amended by adding at the end the following new item:
``Sec. 528. Inclusion in gross income for
contributions in excess of $100
to political organizations.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Amends Internal Revenue Code provisions governing the taxation of political organizations to apply those provisions only to principal campaign committees. Declares that the cancellation of loans to such a committee and contributions from a lender used directly or indirectly to make payments on the lender's loan are not included in the term "exempt function income," subject to exception.
Includes in the gross income of any political organization any cash contribution from an individual in excess of $100. Subjects that excess to taxation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that the preferential income tax treatment of political organizations shall apply only to principal campaign committees, to provide that a cancellation of a loan to such a committee shall be includible in such committee's taxable income, and for other purposes."} | 1,188 | 103 | 0.47917 | 1.323018 | 0.192669 | 2.074468 | 10.989362 | 0.797872 |
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) John H. Johnson published the first edition of the
Negro Digest in 1942, having conceived of the idea while
working at the Supreme Life Insurance Company.
(2) This publication covered African-American history,
literature, arts, and cultural issues and reached a circulation
of 50,000 within six months.
(3) Renamed to Black World, the publication reached a
circulation of more than 100,000 subscribers at its peak.
(4) Johnson's later creation, Ebony magazine, supplanted
this record in selling out its initial run of 25,000 printed
copies and at its height had 2,300,000 subscribers.
(5) Through Ebony magazine, Johnson provided insight into
the African-American community by reporting on issues such as
``the white problem in America'', African-American militancy,
crimes by African-Americans against African-Americans, civil
rights legislation, freedom rides and marches, and other
aspects of segregation and discrimination.
(6) Johnson worked to ensure that the contributions of
African-Americans to the United States were documented by
trained historians who were brought on to the magazine's staff.
(7) Striving to show positive images of African-Americans,
Johnson featured African-American models in the magazine's
advertisements, and a concerted effort was made to show
positive aspects of African-American life and culture.
(8) Johnson's quest to serve African-American readers
continued in subsequent years by launching four other magazines
entitled Tan, Jet, African American Stars, and Ebony Jr., a
children's magazine.
(9) Johnson later expanded his enterprise when becoming
chairman and chief executive officer of the Supreme Life
Insurance Company, developing a line of cosmetics, owning three
radio stations, starting a book publishing company, and a
television production company.
(10) Invited by the United States Government to participate
in several international missions, Johnson accompanied the Vice
President of the United States on a mission to Russia and
Poland in 1959, and was appointed to be a Special Ambassador to
represent the United States at the independence ceremonies in
the Ivory Coast in 1961 and Kenya in 1963.
(11) In 1966, Johnson was honored with the National
Association for the Advancement of Colored People's Spingarn
Medal for his contributions to improving race relations in the
United States.
(12) In 1966, The Horatio Alger Association of
Distinguished Americans awarded Johnson the Horatio Alger Award
in recognition of his outstanding work as a dedicated community
leader.
(13) In 1972, Johnson was named Publisher of the Year by
the Magazine Publishers Association, an industry association
for consumer magazines.
(14) In 1993, the Wall Street Journal awarded Johnson with
the Dow Jones Entrepreneurial Excellence Award.
(15) In 1994, Johnson was awarded the Center for
Communication's Communication Award, on the occasion of Ebony's
50th anniversary.
(16) In 1996, President William Clinton awarded Johnson the
Presidential Medal of Freedom which was followed in 1997 by
Johnson's induction into the Junior Achievement National
Business Hall of Fame.
(17) In 2001, Johnson was inducted into the Arkansas
Business Hall of Fame.
(18) Among his numerous awards and honors, Johnson has been
awarded honorary doctorates by the University of Arkansas at
Pine Bluff, Harvard University, the University of Southern
California, Carnegie Mellon University, Eastern Michigan
University, and Wayne State University.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Award Authorized.--The Speaker of the House of Representatives
and the President pro tempore of the Senate shall make appropriate
arrangements for the award, on behalf of the Congress, of a single gold
medal of appropriate design to John H. Johnson in recognition of his
outstanding work, leadership, and service.
(b) Design and Striking.--For the purposes of the award referred to
in subsection (a), the Secretary of the Treasury (hereafter in this Act
referred to as the ``Secretary'') shall strike the gold medal with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
Under such regulations as the Secretary may prescribe, the
Secretary may strike and sell duplicates in bronze of the gold medal
struck under section 2, at a price sufficient to cover the costs of the
medals, including labor, materials, dies, use of machinery, and
overhead expenses.
SEC. 4. STATUS OF MEDALS.
The medals struck pursuant to this Act are national medals for
purposes of chapter 51 of title 31, United States Code.
SEC. 5. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund, such
amounts as may be necessary to pay for the costs of the medals struck
pursuant to this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals authorized under section 3 shall be deposited into the
United States Mint Public Enterprise Fund. | Authorizes the award of a single gold medal to John H. Johnson (creator of Ebony magazine) in recognition of his outstanding work, leadership, and service.
Permits the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medal, at a price sufficient to cover the costs of the medals. | {"src": "billsum_train", "title": "To grant the Congressional Gold Medal to John H. Johnson in recognition of his outstanding contributions to the United States."} | 1,101 | 73 | 0.352508 | 1.100524 | -0.265257 | 5.901639 | 17.081967 | 0.95082 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NAFTA Accountability Act''.
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1) Rising deficits in united states trade accounts.--One
of the purposes of the North American Free Trade Agreement
(NAFTA), as stated in the preamble, is to ``create an expanded
and secure market'' for goods and services. Instead, NAFTA has
resulted in a spiraling United States trade deficit with Mexico
and Canada that exceeded $76,000,000,000 in 2015, and more than
$1,800,000,000,000 since the agreement's inception. Rather than
continuous development and expansion as envisioned and growing
trade surpluses for the United States, NAFTA has resulted in
United States job losses and escalating trade deficits.
(2) Erosion of the united states manufacturing base.--One
of the purposes of NAFTA is to enhance the competitiveness of
firms in the global market. However, rather than increase the
ability of the manufacturing sector in the United States to
compete in the world market, NAFTA has facilitated and
accelerated the outsourcing of United States manufacturing
facilities and jobs to lower-wage Mexico. Conservatively, NAFTA
has led to nearly 1,000,000 American job losses. Conversely,
Mexico has become an export platform displacing United States
production. An unprecedented flood of imports of manufactured
and agricultural goods now enter the United States. Further,
Mexico has experienced an outsourcing of productivity to even
lower-wage China, as Chinese imports to Mexico have grown and
are imported into the United States.
(3) NAFTA should not be expanded.--Congress approved NAFTA
in order to achieve economic, social, and environmental
benefits for the people of the United States. Based on
currently available information, the goals and objectives of
NAFTA are not being achieved. Therefore, NAFTA should not be
expanded to include any other country.
(4) NAFTA to be renegotiated and benefits certified.--Based
on the experience with NAFTA since its implementation, it has
become evident that further negotiation is required to resolve
fundamental inadequacies within NAFTA with respect to trade
balances, currency differentials, health and environmental
conditions, agricultural provisions, systems of justice, and
illegal immigration. If NAFTA is to continue, Congress must
require certification of specific measures of economic, social,
legal, and environmental progress. Otherwise Congress has no
choice but to withdraw its approval of NAFTA.
SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN NAFTA.
(a) In General.--
(1) Withdrawal of approval.--Notwithstanding any other
provision of law, unless each of the conditions described in
paragraph (2) is met--
(A) the approval of NAFTA by Congress provided for
in section 101(a) of the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3311(a)) shall
cease to be effective beginning on the date that is 365
days after the date of the enactment of this Act; and
(B) not later than 6 months after the date of the
enactment of this Act, the President shall provide
written notice of withdrawal to the Governments of
Canada and Mexico in accordance with Article 2205 of
NAFTA.
(2) Conditions for continuing participation in nafta.--The
conditions described in this paragraph are met if, not later
than 120 days after the date of the enactment of this Act--
(A) the President--
(i) renegotiates the terms of NAFTA in
accordance with paragraphs (1), (2), and (3) of
subsection (b); and
(ii) provides the certification to Congress
described in subsection (b)(8);
(B) the Secretary of Labor and the Secretary of
Agriculture provide the certification described in
subsection (b)(4);
(C) the Secretary of Commerce and the Secretary of
Agriculture provide the certification described in
subsection (b)(5);
(D) the Secretary of Agriculture and the
Administrator of the Food and Drug Administration
provide the certification described in subsection
(b)(6)(A);
(E) the Administrator of the Environmental
Protection Agency submits the certification described
in subsection (b)(6)(B); and
(F) the Attorney General of the United States
provides the certification described in subsection
(b)(7).
(b) Areas of Renegotiation and Certification.--The areas of
renegotiation and certification described in this subsection are as
follows:
(1) Renegotiate nafta to correct trade deficits.--The
President is authorized and directed to confer with the
Governments of Canada and Mexico and to renegotiate the terms
of NAFTA to provide for implementation of emergency adjustments
of tariffs, quotas, and other measures to stabilize and balance
the flow of trade among NAFTA Parties when the United States
has an annual deficit in trade of goods and services with
another NAFTA Party that--
(A) exceeds 10 percent of United States exports to
that Party; or
(B) equals or exceeds $500,000,000 for 3 or more
consecutive years.
(2) Renegotiate nafta to correct currency distortions.--The
President is authorized and directed to confer with the
Governments of Canada and Mexico and to renegotiate the terms
of NAFTA to provide for the implementation of emergency
adjustments of tariffs, quotas, and other measures to mitigate
the adverse effects of rapid or substantial changes in exchange
rates between the United States dollar and the currency of
another NAFTA Party.
(3) Renegotiate nafta to correct agricultural provisions.--
The President is authorized and directed to confer with the
Governments of Canada and Mexico and to renegotiate the terms
of NAFTA to establish and strengthen provisions to prevent
imports of agricultural commodities from any NAFTA Party from
unfairly displacing United States production, to provide
improved mechanisms for relief for United States producers that
are adversely impacted by such imports, and to address the
serious and growing problem of Mexico's displaced ejido peasant
farmers and crime associated with lawlessness in the United
States-Mexico border zone.
(4) Certification of gains in united states jobs and living
standards.--If the Secretary of Labor and the Secretary of
Agriculture, after consultation with appropriate government
agencies and citizen organizations, determine that--
(A) the number of jobs resulting from increased
exports of United States goods and services to other
NAFTA Parties exceeds the number of jobs lost because
of imports of goods and services from other NAFTA
Parties since January 1, 1994; and
(B) the purchasing power of wage-earners in the
United States has increased since January 1, 1994,
the Secretaries shall so certify to Congress.
(5) Certification of increased domestic manufacturing.--If
the Secretary of Commerce and the Secretary of Agriculture,
after consultation with the appropriate government agencies and
citizen organizations, determine that the export of United
States manufactured and agricultural goods to NAFTA Parties
exceeds the imports of manufactured and agricultural goods from
NAFTA Parties, the Secretaries shall so certify to Congress. In
making the determination, the Secretaries shall not include any
goods originating outside the United States that are exported
to another NAFTA Party, nor imports from another NAFTA Party
that are destined for other countries.
(6) Certification relating to health and environmental
standards.--
(A) In general.--If the Secretary of Agriculture
and the Administrator of the Food and Drug
Administration, after consultation with appropriate
government agencies and citizen organizations,
determine, with respect to imports from NAFTA Parties,
that since January 1, 1994, there has been a reduced
incidence of contaminated and adulterated food, food
containing additives or pesticide residues exceeding
United States standards, or food containing additives
or pesticide residues which cannot be legally used in
the United States, the Secretary and Administrator
shall so certify to Congress. In making this
determination, all foods and food products, including
fruits, vegetables, grains, oilseeds, and meats, both
fresh and processed, shall be reviewed.
(B) Border area pollution.--If the Administrator of
the Environmental Protection Agency determines that
conditions affecting public health in the United
States-Mexico border zone have not worsened since
January 1, 1994, the Administrator shall so certify to
Congress.
(7) Certification relating to illegal drugs.--If the
Attorney General of the United States determines, after a
review by the Drug Enforcement Administration and consultation
with appropriate government agencies and citizen organizations,
that increased imports from NAFTA Parties are not resulting in
an increase in crime with illegal drugs or other controlled
substances from Mexico or Canada, the Attorney General shall so
certify to Congress.
(8) Certification relating to democracy and human
freedoms.--If the President, after consultation with
appropriate government agencies, international organizations,
and citizen organizations, determines that the Government of
Mexico--
(A) is elected in free and fair elections;
(B) protects the rights of its citizens to organize
into political parties;
(C) protects the rights of its citizens to free
speech and the right of the news media to operate
without fear of government control or reprisal;
(D) protects the rights of its citizens to assemble
and to organize associations to advance human rights
and economic opportunities; and
(E) receives fair and impartial litigation of suits
and trials according to the rule of law in a
transparent justice system,
the President shall so certify to Congress.
SEC. 4. SENSE OF CONGRESS THAT NAFTA NOT BE EXPANDED.
Until such time as the conditions described in section 3(b) are
met, it is the sense of Congress that the President should not engage
in negotiations to expand NAFTA to include other countries and that
trade promotion authority should not be renewed with respect to the
approval of any such expansion of NAFTA.
SEC. 5. DEFINITIONS.
In this Act:
(1) NAFTA.--The term ``NAFTA'' means the North American
Free Trade Agreement entered into between the United States,
Canada, and Mexico on December 17, 1992.
(2) NAFTA party.--The term ``NAFTA Party'' means the United
States, Canada, or Mexico.
(3) United states-mexico border zone.--The term ``United
States-Mexico border zone'' means the area that comprises the
12-mile zone on the Mexican side of the United States-Mexico
border and the counties within any State of the United States
that are contiguous with Mexico. | NAFTA Accountability Act This bill provides that unless the specified conditions set forth in this bill are met: Congress withdraws its approval of the North American Free Trade Agreement (NAFTA) effective one year after enactment of this bill; and the President, not later than six months after this bill's enactment, shall provide written notice of withdrawal to the governments of Canada and Mexico. The bill requires the President to confer with the governments of Canada and Mexico and renegotiate NAFTA to correct: trade deficits, currency distortions, and the impact of agricultural imports on U.S. agricultural production. The bill also prescribes requirements for: gains in U.S. jobs and living standards, increased domestic manufacturing, health and environmental standards, a non-increase in crime with illegal drugs, and democracy and human freedoms in Mexico. The bill expresses the sense of Congress that, until the conditions set forth in this bill are met, the President should not engage in negotiations to expand NAFTA to include other countries, and trade promotion authority should not be renewed with respect to the approval of any such NAFTA expansion. | {"src": "billsum_train", "title": "NAFTA Accountability Act"} | 2,303 | 245 | 0.522054 | 1.656129 | 0.589418 | 3.096774 | 9.539171 | 0.81106 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Digital Television Consumer
Education Act''.
SEC. 2. LABELING AND CONSUMER EDUCATION.
Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Labeling and Consumer Education.--
``(1) Requirements for retail distributors and other
vendors.--
``(A) Retail distributors.--Any retail distributor
of any television receiving equipment described in
section 303(s) that does not include a digital tuner
shall--
``(i) effective 30 days after the date of
enactment of the National Digital Television
Consumer Education Act, place adjacent to each
unit of such equipment that such distributor
displays for sale or rent a consumer alert as
provided by the manufacturer pursuant to
paragraph (2), except that such distributor
shall not be required to affix such label to
the television screen on such equipment, as
long as the label is--
``(I) in the close vicinity of, and
associated with, the unit on display;
and
``(II) clearly visible to
consumers; and
``(ii) effective 30 days after the
enactment of the National Digital Television
Consumer Education Act, provide information to
consumers, on signs and in pamphlet form, in
the display area for product categories that
include any television receiving equipment
described in section 303(s) that does not
include a digital tuner television, sufficient
to convey the information carried in the
consumer advisory label. Such signs and
pamphlets shall also include information on
recycling old televisions, computer monitors,
computer central processing units, fax
machines, and scanners and other consumer
electronics.
``(B) Other vendors.--Effective 30 days after the
date of enactment of the National Digital Television
Consumer Education Act, any seller via direct mail,
catalog, or electronic means, such as the Internet, of
any television receiving equipment described in section
303(s) that does not include a digital tuner, shall
include in clear and conspicuous print the consumer
alert required by paragraph (2) at the point of display
for the apparatus, or, if there is no display, at the
point of sale. Such information shall also include
information on recycling old televisions and other
consumer electronics.
``(2) Consumer alert.--The consumer alert required by this
paragraph shall display in clear and conspicuous print, the
following consumer alert:
``Consumer Alert
``This TV has only an analog broadcast tuner and
will require a converter box after February 17, 2009,
to receive over-the-air broadcasts with an antenna
because of the Nation's transition to digital
broadcasting. The TV should continue to work as before
with cable and satellite TV services, gaming consoles,
VCRs, DVD players, and similar products. For more
information, call the Federal Communications Commission
at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the
Commission's digital television website at:
www.dtv.gov.
``Nuncio Consumidor
``Esta TV tiene solo un sintonizador de emision
analogo y por lo tanto requerira una caja de conversion
despues del 17 de febrero de 2009 para recibir
emisiones de TV terrestre con una antena, debido a la
transicion nacional a la emision de TV digital. Esta
continuara funcionando igualmente con TV por cable,
sistema de TV satelite, consolas de juegos,
videograbadoras, reproductores de DVD y productos
similares. Si requiere mas informacion llame a la
Comision Federal de Comunicaciones al 1-888-225-5322
(TTY: 1-888-835-5322) o visite el sitio web de la
Comision en www.dtv.gov.
``(3) Other devices.--For devices other than television
sets that are included in section 303(s) and that contain an
analog tuner, but not a digital tuner, the Commission shall
require the clear and conspicuous placement of a comparable
consumer advisory label on such devices, as well as on the
outside of the retail packaging of such devices.
``(4) Additional disclosures.--
``(A) Announcements and notices required.--From the
date of enactment of this Act through March 31, 2009--
``(i) each television broadcaster shall
air, at a minimum, 120 seconds per day of
public service announcements between the hours
of 6 a.m. and 11:35 p.m., at variable time
slots throughout the week, with at least half
aired between the hours of 5 p.m. and 11:35
p.m.; and
``(ii) any multichannel video program
distributor shall include a notice in or with
each periodic bill.
``(B) Content of announcements and notices.--The
announcements and notices required by this paragraph
shall educate consumers about the deadline for
termination of analog television broadcasting and the
equipment options consumers have after such
termination. Announcements aired and notices
distributed after January 1, 2009, shall also educate
consumers about the need for and availability of the
converter box voucher program and the steps to redeem
the voucher.''.
SEC. 3. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by inserting after section
158 (47 U.S.C. 942) the following new section:
``SEC. 159. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM.
``(a) Program Authorized.--The Assistant Secretary of Commerce for
Communications and Information is authorized to establish a temporary
grant program for the purpose of coordinating and leading a nationwide
consumer education and outreach campaign regarding America's conversion
to digital television.
``(b) Single Grant.--No later than January 31, 2009, and ending no
earlier than March 31, 2009, the Assistant Secretary shall award a
single grant from the program authorized by this section to one
qualified entity.
``(c) Qualified Entity.--For purposes of this section, the term
`qualified entity' shall be a corporation, organized under section
501(c)(3) of the Internal Revenue Code of 1986, that represents the
interests of local noncommercial television stations at the national
level, and consults with commercial broadcasters, consumer equipment
manufacturers, electronics retailers, cable and satellite operators,
consumer groups, older Americans, Hispanic Americans, Americans whose
primary language is not English, Americans with disabilities, and
Americans living in rural communities.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2009. Such sums are authorized to remain available subject to
subsection (e).
``(e) Termination.--Expenditures for the grant program under this
section shall terminate on April 30, 2009.''.
SEC. 4. ADDITIONAL FUNDS FOR THE CONVERTER BOX COUPON PROGRAM.
(a) Amendment.--Section 3005 of the Digital Television Transition
and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) is
amended--
(1) in subsection (b), by striking ``$1,500,000,000'' and
inserting ``$1,700,000,000''; and
(2) in subsection (c)(3), by striking ``by substituting
`$1,500,000,000''' each place it appears in subparagraphs
(A)(ii) and (B) and inserting ``by substituting
`$1,700,000,000'''.
(b) Conforming Amendment.--Section 309(j)(8)(E)(iii) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)) is amended by
striking ``$7,363,000,000'' and inserting ``$7,163,000,000''. | National Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require retail distributors of television receiving equipment (TVs) to place adjacent to each unit displayed for sale a consumer alert in English and Spanish that the TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna. Imposes similar requirements on sellers that use direct mail, catalog, or electronic means such as the Internet. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination.
Amends the National Telecommunications and Information Administration Organization Act to authorize the Assistant Secretary of Commerce for Communications and Information to establish a temporary grant program to coordinate and lead a nationwide consumer education and outreach campaign regarding America's conversion to digital television.
Amends the Digital Television Transition and Public Safety Act of 2005 to increase funding for the program to provide coupons for digital-to-analog converter boxes. | {"src": "billsum_train", "title": "To provide American consumers information about the broadcast television transition from an analog to a digital format, and to provide additional funds for the converter box coupon program under the Digital Television Transition and Public Safety Act of 2005."} | 1,864 | 219 | 0.568994 | 1.546663 | 0.746336 | 3.948187 | 8.108808 | 0.911917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``LGBT Elder Americans Act of 2017''.
SEC. 2. DEFINITIONS.
(a) In General.--Section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002) is amended--
(1) in paragraph (24)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C)(ii), by striking the period
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) status as an LGBT individual.'';
(2) by redesignating--
(A) paragraphs (36) through (54) as paragraphs (38)
through (56), respectively; and
(B) paragraphs (34) and (35) as paragraphs (35) and
(36), respectively;
(3) by inserting after paragraph (33) the following:
``(34) The term `LGBT', used with respect to an individual,
means a lesbian, gay, bisexual, or transgender individual.'';
and
(4) by inserting after paragraph (36), as so redesignated,
the following:
``(37) The term `minority', used with respect to an
individual, includes a lesbian, gay, bisexual, or transgender
individual.''.
(b) Conforming Amendment.--Section 215(e)(1)(J) of the Older
Americans Act of 1965 (42 U.S.C. 3020e-1(e)(1)(J)) is amended by
striking ``minorities'' and inserting ``minority individuals''.
SEC. 3. ADMINISTRATION ON AGING.
(a) Establishment of Administration.--Section 201 of the Older
Americans Act of 1965 (42 U.S.C. 3011) is amended--
(1) in subsection (d)(3)(J), by inserting before the
semicolon the following: ``, including the effectiveness of
such services in meeting the needs of LGBT older individuals'';
and
(2) by adding at the end the following:
``(g) The Assistant Secretary is authorized to designate within the
Administration a person to have responsibility for addressing issues
affecting LGBT older individuals.''.
(b) Functions of Assistant Secretary.--Section 202 of the Older
Americans Act of 1965 (42 U.S.C. 3012) is amended--
(1) in subsection (a)--
(A) in paragraph (16)(A)(ii), by inserting ``, and
separately specifying the number of such individuals
who are LGBT individuals'' before the semicolon;
(B) in paragraph (30), by striking ``; and'' and
inserting a semicolon;
(C) in paragraph (31), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(32) conduct studies and collect data to determine the
services that are needed by LGBT older individuals.''; and
(2) by adding at the end the following:
``(h)(1) The Assistant Secretary shall, directly or by grant or
contract, establish and operate the National Resource Center on
Lesbian, Gay, Bisexual, and Transgender Aging (in this subsection
referred to as the `Center').
``(2) To address the unique challenges faced by LGBT older
individuals, the Center shall provide national, State, and local
organizations, including those with a primary mission of serving LGBT
individuals and those with a primary mission of serving older
individuals, with the information and technical assistance the
organizations need to effectively serve LGBT older individuals.
``(3) The Center shall have 3 primary objectives, consisting of--
``(A) educating aging services organizations about the
existence and special needs of LGBT older individuals;
``(B) sensitizing LGBT organizations about the existence
and special needs of older individuals; and
``(C) providing educational resources to LGBT older
individuals and their caregivers.
``(4)(A) To be eligible to receive funds under this subsection, an
entity--
``(i) shall have demonstrated expertise in working with
organizations or individuals on issues affecting LGBT
individuals;
``(ii) shall have documented experience in providing
training and technical assistance on a national basis or a
formal relationship with an organization that has that
experience; and
``(iii) shall meet such other criteria as the Assistant
Secretary shall issue.
``(B) To be eligible to receive funds under this subsection, an
entity shall submit an application to the Assistant Secretary at such
time, in such manner, and containing such information as the Assistant
Secretary may require.
``(5) The Assistant Secretary shall make available to the Center on
an annual basis such resources as are necessary for the Center to carry
out effectively the functions of the Center under this Act and not less
than the amount of resources made available to the National Resource
Center on LGBT Aging, existing on the day before the date of enactment
of the LGBT Elder Americans Act of 2017, for fiscal year 2017.
``(6) The Assistant Secretary shall develop and issue operating
standards and reporting requirements for the Center.''.
(c) Reports.--Section 207 of the Older Americans Act of 1965 (42
U.S.C. 3018) is amended--
(1) in subsection (a)(3), by inserting ``LGBT
individuals,'' after ``low-income individuals,'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``, and
separately specify the number of such individuals who
are LGBT individuals'' before the semicolon;
(B) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) the effectiveness of such activities in assisting
LGBT individuals;''; and
(3) by adding at the end the following:
``(d) The Assistant Secretary shall ensure that--
``(1) no individual will be required to provide information
regarding the sexual orientation or gender identity of the
individual as a condition of participating in activities or
receiving services under this Act; and
``(2) no agency or other entity providing activities or
services under this Act that receives, for the purposes of this
Act, information regarding the sexual orientation or gender
identity of an individual will disclose the information in any
form that would permit such individual to be identified.
``(e) The Assistant Secretary shall develop appropriate protocols,
demonstrations, tools, or guidance for use by State agencies and area
agencies on aging, to ensure successful implementation of data
collection requirements under section 201(d)(3)(J), paragraphs
(16)(A)(ii) and (29) of section 202(a), subsections (a)(3), (c)(1), and
(c)(4), and section 307(a)(6), relating to LGBT individuals.
``(f) The Assistant Secretary shall determine when the data
collection requirements described in subsection (e) shall apply, taking
into consideration the complexity and importance of each requirement,
but each requirement shall apply not later than 1 year after the date
of enactment of the LGBT Elder Americans Act of 2017.''.
SEC. 4. GRANTS FOR STATE AND COMMUNITY PROGRAMS ON AGING.
Section 301(a)(2) of the Older Americans Act of 1965 (42 U.S.C.
3021(a)(2)) is amended--
(1) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) organizations that serve LGBT individuals;
and''.
SEC. 5. ACTIVITIES FOR HEALTH, INDEPENDENCE, AND LONGEVITY.
Section 411(a)(11) of the Older Americans Act of 1965 (42 U.S.C.
3032(a)(11)) is amended to read as follows:
``(11) conducting activities of national significance to
promote quality and continuous improvement in the support and
services provided to individuals with greatest social need,
through activities that include needs assessment, program
development and evaluation, training, technical assistance, and
research, concerning--
``(A) addressing physical and mental health,
disabilities, and health disparities;
``(B) providing long-term care, including in-home
and community-based care;
``(C) providing informal care, and formal care in a
facility setting;
``(D) providing access to culturally responsive
health and human services; and
``(E) addressing other gaps in assistance and
issues that the Assistant Secretary determines are of
particular importance to older individuals with
greatest social need.''.
SEC. 6. DATA ON DISCRIMINATION.
Section 712 of the Older Americans Act of 1965 (42 U.S.C. 3058g) is
amended--
(1) in subsection (a)(3)--
(A) by redesignating subparagraphs (F) through (J)
as subparagraphs (G) through (K); and
(B) by inserting after subparagraph (E) the
following:
``(F) collect and analyze data, relating to
discrimination against LGBT older individuals on the
basis of actual or perceived sexual orientation or
gender identity in the admission to, transfer or
discharge from, or lack of adequate care provided in
long-term care settings, and shall include the analyses
in the reports described in subsection (h)(1);''; and
(2) in subsection (h)(6), in the matter preceding
subparagraph (A), by striking ``(A) through (G)'' and inserting
``(A) through (H)''. | LGBT Elder Americans Act of 2017 This bill amends the Older Americans Act of 1965 to include the specific needs of lesbian, gay, bisexual, and transgender (LGBT) individuals among the "greatest social needs" served under that Act. An LGBT individual shall be considered a "minority" for purposes of services provided under the Act. The bill authorizes the Administration of Aging to designate within it a person with responsibility for addressing issues affecting LGBT older individuals. In addition, the administration shall conduct studies and collect data to determine the services needed by LGBT older individuals. The administration shall establish and operate the National Resource Center on Lesbian, Gay, Bisexual, and Transgender Aging to provide national, state, and local organizations with the information and technical assistance needed by those organizations to effectively serve LGBT older individuals. The Long-Term Care Ombudsman of each state shall, as a condition of receiving certain federal funding under the Act, collect and analyze data related to discrimination against LGBT older individuals in long-term care settings. | {"src": "billsum_train", "title": "LGBT Elder Americans Act of 2017"} | 2,167 | 263 | 0.53292 | 1.437984 | 0.71633 | 3.596859 | 10.570681 | 0.874346 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Radioprotectant Procurement Act of
2004''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The threat of a radiological or nuclear attack on the
American people is one of the greatest potential threats now
faced by the United States, considering the potential number of
deaths, injuries, illnesses and economic devastation such an
attack on American civilians or military personnel could have.
(2) There are at least 30,000 known nuclear weapons
deployed around the world today and the proliferation of
nuclear weapons technology continues to pose an enormous threat
to the United States, its people, and its interests and allies
around the world.
(3) Even a crude radiological weapon, using conventional
explosives combined with widely available radiological
materials, could cause death, radiation sickness, and
widespread panic and economic hardship if detonated in an urban
center of the United States, and such an attack would
dramatically strain our public health resources.
(4) Numerous government and private studies, including the
findings of several leading medical journals, have concluded
that a nuclear weapon detonated in a large urban center would
cause widespread death, sickness, and physical and economic
damage. For example, in February 2002, the British Medical
Journal estimated that a 12.5 kiloton nuclear bomb
(approximately the size of the bomb used at Hiroshima), if
detonated in New York City, would cause 50,000 immediate
deaths, 200,000 short-term deaths from high-exposure radiation
injury, and 700,000 cases of radiation sickness.
(5) There are 103 nuclear power plants in the United
States, each with the potential to expose area residents to
high levels of radiation in the event of a successful attack.
(6) For potentially stockpiled radioprotectants to be most
effective, they must be administered soon after exposure to
radiation, so the procurement of a radioprotectant must be
large enough and located in enough regions of the country to
facilitate the rapid treatment of the hundreds of thousands and
potentially millions of Americans who would be exposed to
radiation, as well as the many ``worried well'' who will flood
emergency rooms should a nuclear or radiological attack or
large accident occur.
(7) Considering the need to rapidly administer a
radioprotectant, Federal procurement of an effective
radioprotectant should be comparable to stockpiles of other
drugs designed to counter the effects of chemical or biological
agents.
(8) Current treatment options for acute radiation exposure
are wholly inadequate, with potassium iodide being the only
widely stockpiled countermeasure currently available. This
treatment protects against the long-term risk of thyroid
cancer, and does nothing to counteract short-term radiation
sickness and possible death within the first 30 days of
exposure.
(9) Effective medical countermeasures to both acute and
long-term exposure of radiation are presently in development at
the Armed Forces Radiobiology Research Institute (AFRRI) and
among pharmaceutical companies, including at least one compound
that has demonstrated efficacy in preventing radiation sickness
and death caused by the destruction of bone marrow from acute
radiation exposure.
(10) While the Departments of Health and Human Services,
Homeland Security, and Defense are appropriately dedicating
substantial resources to the development and procurement of
countermeasures to biological threats, including smallpox and
anthrax vaccines, few resources to date have been dedicated to
bring to market and procure an effective, whole-body
radioprotectant.
(11) In enacting the Homeland Security Act of 2002, it was
and is the intent of Congress that the development and
procurement of radiological and nuclear countermeasures be
given full and appropriate consideration and dedication of
resources.
SEC. 3. AMENDMENT TO THE HOMELAND SECURITY ACT OF 2002.
Section 304 of the Homeland Security Act of 2002 (6 U.S.C. 184;
Public Law 107-296) is amended by adding at the end the following
subsection:
``(d) Development and Procurement of Radiation Medical
Countermeasures.--For the purpose of rapidly developing, bringing to
market, and procuring whole-body radioprotectants, the Secretaries of
Health and Human Services, Homeland Security, and Defense shall utilize
and expend such funds as may be necessary, including funds appropriated
by Congress, and not otherwise prohibited from being used for such
purpose, under the appropriations headings `Public Health Programs',
`Strategic National Stockpile', `Nuclear and Radiological
Countermeasures', `Biodefense Countermeasures', `Research, Development,
Acquisition and Operations', `Biological Countermeasures', and `Chem-
Bio Defense Initiative', as well as relevant departmental and subagency
operations budgets, subject to the appropriations Act involved.''.
SEC. 4. REPORT REGARDING EFFECTIVE RADIOPROTECTANTS; DEVELOPMENT AND
PROCUREMENT.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security (referred to
in this section as the ``Secretary'') shall, in consultation with the
Secretary of Health and Human Services and the Secretary of Defense,
submit to the Congress a report providing a determination by the
Secretary of--
(1) the extent to which there is a threat of a nuclear or
radiological attack against the United States; and
(2) the availability of effective radioprotectant medical
countermeasures against the threat.
(b) Development and Procurement.--
(1) In general.--If in carrying out subsection (a) the
Secretary determines that one or more effective
radioprotectants are currently available, or may become
available within a reasonable amount of time, then not later
than 90 days after the submission of the report under such
subsection, the Secretary shall enter into one or more
agreements with one or more private companies for the
development and procurement of one or more effective, safe,
stable, and low-cost radioprotectants, subject to the
availability of funds under an appropriations Act.
(2) Adequate protection.--An agreement under paragraph (1)
shall provide for the procurement and stockpiling of enough
dose regimens of the radioprotectants involved to provide for
adequate protection of the people of the United States,
including adequate response to a multi-location attack
scenario, if in carrying out subsection (a) the Secretary
determines that such a scenario is plausible.
(3) Certain authorities.--
(A) Development.--With respect to an agreement
under paragraph (1) that provides funds for the
development of a radioprotectant, the Secretary may use
the same authorities as are described in subsections
(b) through (e) of section 319F-1 of the Public Health
Service Act.
(B) Procurement.--With respect to an agreement
under paragraph (1) that provides funds for the
procurement of a radioprotectant, the Secretary may use
the same authorities as are described in section 319F-
2(c)(7) of the Public Health Service Act.
(C) Conditions.--An agreement under paragraph (1)
may contain such reasonable conditions in addition to
the conditions required in paragraph (2) as the
Secretary determines to be appropriate, including--
(i) the condition that the final
procurement be contingent upon approval of the
radioprotectants by the Food and Drug
Administration, subject to section 564 of the
Federal Food, Drug, and Cosmetic Act; and
(ii) the condition that the company or
companies that produce such radioprotectants
may be required to assume the development costs
of improvements to the radioprotectants. | Radioprotectant Procurement Act of 2004 - Amends the Homeland Security Act of 2002 to direct the Secretaries of Health and Human Services, Homeland Security, and Defense to utilize and expend funds necessary for rapidly developing, bringing to market, and procuring whole-body radioprotectants.
Requires the Secretary of Homeland Security: (1) to report to Congress on the threat of a nuclear or radiological attack against the United States and the availability of effective radioprotectant medical countermeasures; and (2) upon determining that an effective radioprotectant is available or may become available within a reasonable time, to enter into agreements with private companies for the procurement of enough effective, safe, stable, and low-cost radioprotectants to protect the people of the United States, including in a multi-location attack scenario. | {"src": "billsum_train", "title": "To require the Secretaries of Health and Human Services, Defense, and Homeland Security to carry out activities toward bringing to market effective medical countermeasures to radiation from a nuclear or radiological attack."} | 1,624 | 173 | 0.53118 | 1.60748 | 0.869062 | 4.182432 | 10.114865 | 0.966216 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Youth Mentoring Act of
2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Research shows that mentors make a difference in
children's lives. At-risk youth who have mentors are 55 percent
more likely to enroll in college. Students who meet regularly
with their mentors are 52 percent less likely than their peers
to skip a day of school. Youth who have mentors are also 130
percent more likely to hold a leadership position.
(2) Children that have mentors have improved relationships
with adults, fewer disciplinary referrals, and more confidence
to achieve their goals.
(3) In 2014, 415,129 children were in foster care. Of those
children 62,108 were between the ages of 10 and 13, and 120,567
were between the ages of 14 and 18.
(4) Mentoring programs that serve foster children are
unique and require additional considerations, including
specialized training and support necessary to provide for
consistent, long-term relationships for children in care.
(5) Mentoring programs can be used as an effective
preventative or intervention strategy to support positive
outcomes for foster youth.
SEC. 3. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
Subpart 2 of part B of title IV of the Social Security Act (42
U.S.C. 629 et seq.) is amended by adding at the end the following:
``SEC. 439A. PROGRAMS FOR MENTORING CHILDREN IN FOSTER CARE.
``(a) Purpose.--It is the purpose of this section to authorize the
Secretary to make grants to eligible applicants to support the
establishment or expansion and operation of programs using a network of
public and private community entities to provide mentoring for children
in foster care.
``(b) Definitions.--In this section:
``(1) Children in foster care.--The term `children in
foster care' means children who have been removed from the
custody of their biological or adoptive parents by a State
child welfare agency.
``(2) Mentoring.--The term `mentoring' means a structured,
managed program--
``(A) in which children are appropriately matched
with screened and trained adult volunteers for
consistent relationships;
``(B) that can include direct one-on-one, group,
peer, or a combination of these types of mentoring
services;
``(C) that involves meetings and activities on a
regular basis; and
``(D) that is intended to meet, in part, the
child's need for involvement with a caring and
supportive adult who provides a positive role model.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a State child welfare agency;
``(C) a local educational agency;
``(D) an Indian tribe or a tribal organization; or
``(E) a faith-based organization.
``(c) Grant Program.--
``(1) In general.--The Secretary shall carry out a program
to award grants to eligible entities to support the
establishment or expansion and operation of programs using
networks of public and private community entities to provide
mentoring for children in foster care.
``(2) Application requirements.--To be eligible for a grant
under paragraph (1), an eligible entity shall submit to the
Secretary an application containing the following:
``(A) Program design.--A description of the
proposed program to be carried out using amounts
provided under this grant, including--
``(i) the number of mentor-child matches
proposed to be established and maintained
annually under the program;
``(ii) the targeted age range of youth to
be served by the program;
``(iii) such information as the Secretary
may require concerning the methods to be used
to recruit, screen, support, and oversee
individuals participating as mentors, and to
evaluate outcomes for participating children,
including information necessary to demonstrate
compliance with requirements established by the
Secretary for the program; and
``(iv) such other information as the
Secretary may require.
``(B) Training.--An assurance that all mentors
covered under the program will receive intensive and
ongoing training in the following areas:
``(i) Child development, including the
importance of bonding.
``(ii) Family dynamics, including the
effects of domestic violence.
``(iii) The foster care system and foster
care principles and practices.
``(iv) Recognizing and reporting child
abuse and neglect.
``(v) Confidentiality requirements for
working with children in foster care.
``(vi) Working in coordination with the
child welfare system.
``(vii) Other matters related to working
with children in foster care.
``(C) Screening.--An assurance that all mentors
covered under the program are appropriately screened
and have demonstrated a willingness to comply with all
aspects of the mentor program, including--
``(i) a description of the methods to be
used to conduct criminal background checks on
all prospective mentors; and
``(ii) a description of the methods to be
used to ensure that the mentors are willing and
able to serve as a mentor on a long-term,
consistent basis.
``(D) Community consultation; coordination with
other programs.--A demonstration that, in developing
and implementing the program, the eligible entity will,
to the extent feasible and appropriate--
``(i) consult with--
``(I) public and private community
entities, including religious
organizations and Indian tribal
organizations and urban Indian
organizations; and
``(II) family members of children
who may be potential clients of the
program;
``(ii) coordinate the mentoring program and
the eligible entity's activities with other
Federal, State, and local programs serving
children and youth; and
``(iii) consult and coordinate with
appropriate Federal, State, and local
corrections, workforce development, and
substance abuse and mental health agencies.
``(E) Equal access for local service providers.--An
assurance that public and private entities and
nonprofit community organizations, including religious
organizations and Indian organizations, will be
eligible to participate on an equal basis.
``(F) Records, reports, and audits.--An agreement
that the eligible entity will maintain such records,
make such reports, and cooperate with such reviews or
audits as the Secretary may find necessary for purposes
of oversight of project activities and expenditures.
``(G) Evaluation.--An agreement that the eligible
entity will cooperate fully with the Secretary's
ongoing and final evaluation of the program under the
plan, by means including providing the Secretary access
to the program, the program's staff, program-related
records and documents, and each public or private
community entity receiving funding under the plan.
``(3) Considerations in awarding grants.--In awarding
grants under this subsection, the Secretary shall take into
consideration--
``(A) the overall qualifications and capacity of
the eligible entity and its partners to effectively
carry out a mentoring program under this subsection;
``(B) the level and quality of training provided to
mentors under the program;
``(C) evidence of coordination of the program with
the social services and education programs of the State
or political subdivision;
``(D) the ability of the eligible entity to provide
supervision and support for mentors under the program
and the youth served by such mentors;
``(E) the number of children in foster care served
by the State or political subdivision; and
``(F) any other factors that the Secretary
determines to be significant with respect to the need
for, or the potential success of, carrying out a
mentoring program under this section.
``(4) Use of funds.--An eligible entity that receives a
grant under this subsection may use such funds to--
``(A) develop and carry out a training program and
ongoing support for mentors;
``(B) recruit mentors for children in foster care;
and
``(C) provide activities that will help the
development of a child in foster care who is
participating in the program.
``(5) Grant amount.--In awarding grants under this
subsection, the Secretary shall scale grants to account for the
eligible entity's annual budget and capacity.
``(6) Annual report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary shall prepare and submit to Congress a report that
includes the following with respect to the year involved:
``(A) A description of the number of programs
receiving grant awards under this subsection.
``(B) A description of the number of mentors who
serve in the programs described in subparagraph (A).
``(C) A description of--
``(i) the number of children in foster care
who participated in mentoring programs funded
by the grant funds under this subsection;
``(ii) data on the academic achievement of
the children in mentoring programs funded by
the grant funds under this subsection; and
``(iii) the number of children in foster
care on waiting lists for such mentoring
programs.
``(D) Any other information that the Secretary
determines to be relevant to the evaluation of the
program under this section.
``(7) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section--
``(A) $15,000,000 for each of fiscal years 2018 and
2019; and
``(B) such sums as may be necessary for each
succeeding fiscal year.''. | Foster Youth Mentoring Act of 2017 This bill amends part B (Child and Family Services) of title IV of the Social Security Act to direct the Department of Health and Human Services to award grants to nonprofit organizations, state child welfare agencies, local educational agencies, Indian tribes or organizations, or faith-based organizations to support the establishment or expansion and operation of programs using networks of public and private community entities to provide mentoring for children in foster care. | {"src": "billsum_train", "title": "Foster Youth Mentoring Act of 2017"} | 2,088 | 93 | 0.550063 | 1.420912 | 1.006541 | 4.206897 | 23.448276 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Section 515 Rural Housing Property
Transfer Improvement Act of 2007''.
SEC. 2. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) providing rural housing for poor families in the United
States has been an important goal, and the primary reason for
enactment, of the Housing Act of 1949;
(2) rural multifamily housing financed under the section
515 of the Housing Act of 1949 has been an essential resource
for providing affordable housing for some of the Nation's
poorest families;
(3) the majority of the approximately 16,000 projects
financed under section 515 that currently have loans
outstanding were constructed more than 25 years ago and need
new financing in order to continue to provide decent,
affordable housing for families eligible to reside in such
housing;
(4) many owners of such projects are working to transfer
the properties, which often involves leveraging Federal
resources with private and commercial resources; and
(5) the Secretary of Agriculture should protect the
portfolio of section 515 projects by making administrative and
procedural changes to process ownership transfers in a
commercially reasonable time and manner when such transfers
will further the preservation of such projects for use as
affordable housing for families eligible to reside in such
housing.
SEC. 3. TRANSFERS OF SECTION 515 RURAL MULTIFAMILY HOUSING PROJECTS.
Section 515(h) of the Housing Act of 1949 (42 U.S.C. 1485) is
amended--
(1) by inserting ``(1) Condition.--'' after ``(h)''; and
(2) by adding at the end the following new paragraphs:
``(2) Transfers for Preservation and Rehabilitation of Projects.--
``(A) In general.--The Secretary shall make such
administrative and procedural changes as may be necessary to
expedite the approval of applications to transfer ownership of
projects for which a loan is made or insured under this section
for the preservation, continued use restriction, and
rehabilitation of such projects. Such changes may include
changing approval procedures, increasing staff and resources,
improving outreach to project sponsors regarding information
that is required to be submitted for such approvals, changing
approval authority between national offices and the State and
local offices, simplifying approval requirements, establishing
uniformity of transfer requirements among State offices, and
any other actions which would expedite approvals.
``(B) Consultation.--The Secretary of Agriculture shall
consult with the Commissioner of the Internal Revenue Service
and the Secretary of Housing and Urban Development, and take
such actions as are appropriate in conjunction with such
consultation, to simplify the coordination of rules,
regulations, forms (including applications for transfers of
project ownership), and approval requirements for housing
projects for which assistance is provided by the Secretary of
Agriculture and under any low-income housing tax credits under
section 42 of the Internal Revenue Code of 1986 or tax-exempt
housing bonds. The Secretary of Agriculture shall involve the
State Rural Development offices of Department of Agriculture
and the Administrator of the Rural Housing Service in the
consultations under this subparagraph as the Secretary
considers appropriate.
``(C) Preservation and rehabilitation.--The Secretary shall
actively facilitate transfers of the ownership of projects that
will result in the preservation, continued use restriction, and
rehabilitation of such projects.
``(D) Final authority over transfers.--The Office of Rental
Housing Preservation of the Rural Housing Service, established
under section 537 (42 U.S.C. 1490p-1), shall have final
regulatory authority over all transfers of properties for which
a loan is made or insured under this section, and such Office
may, with respect to such transfers, work with and seek
recommendations from the State Rural Development offices of the
Department of Agriculture.
``(E) Deadlines for processing of transfer applications.--
``(i) Procedure.--If a complete application, as
determined by the Secretary, for a transfer of
ownership of a project or projects is not processed,
and approved or denied, by the State Rural Development
office to which it is submitted before the applicable
deadline under clause (ii)--
``(I) such State or local office shall not
have any further authority to approve or deny
the application;
``(II) such State or local office shall
transfer the application in accordance with
subclause (III); and
``(III) such application shall be
processed, and approved or denied, in
accordance with clause (iii) and only by the
Office of Rental Housing Preservation, which
may make the final determination with the
assistance of other Rural Development
employees.
``(ii) Deadline for state and local offices.--The
applicable deadline under this clause for processing,
and approval or denial, of a complete application for
transfer of ownership of a project, or projects, shall
be the period that begins upon receipt of the complete
application by the State Rural Development office to
which it is submitted and consists of--
``(I) in the case of an application for
transfer of ownership of a single project, 45
days;
``(II) in the case of an application for
transfer of ownership of multiple projects, but
not exceeding 10 projects, 90 days; and
``(III) in the case of an application for
transfer of ownership of 11 or more projects,
120 days.
``(iii) Deadline for office of rental housing
preservation.--In the case of any complete application
for a transfer of ownership of a project, or projects,
that is transferred pursuant to clause (i), shall be
processed, and approved or denied, before the
expiration of the period that begins upon receipt of
the complete application and consists of--
``(I) in the case of an application for
transfer of ownership of a single project, 30
days;
``(II) in the case of an application for
transfer of ownership of multiple projects, but
not exceeding 10 projects, 60 days; and
``(III) in the case of an application for
transfer of ownership of 11 or more projects,
120 days.
``(iv) Appeals.--Only decisions regarding complete
applications shall be appealable to the National
Appeals Division of the Department of Agriculture.''.
SEC. 4. REPORT.
Not later than July 1, 2008, the Secretary of Agriculture shall
submit a report to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate that--
(1) identifies the actions that the Secretary has taken to
coordinate with other Federal agencies, including the
Department of Housing and Urban Development and the Internal
Revenue Service, and, in particular, with the program for
rental assistance under section 8 of the United States Housing
Act of 1937, the multifamily mortgage insurance programs under
title II of the National Housing Act, the program under section
42 of the Internal Revenue Code of 1986 for low-income housing
tax credits, and the program for tax-exempt bonds under section
142 of such Code;
(2) identifies and describes any resulting improvements
within Rural Housing Service of the Department of Agriculture
in expediting the transfer of ownership of projects with loans
made or insured under section 515 of the Housing Act of 1949;
and
(3) makes recommendations for any legislative changes that
are needed for the prompt processing of applications for such
ownership transfers and for the transfer of such projects.
Passed the House of Representatives January 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Section 515 Rural Housing Property Transfer Improvement Act of 2007 - Amends the Housing Act of 1949 to direct the Secretary of Agriculture to: (1) implement administrative and procedural changes to expedite the application approval process for transferring ownership of Section 515 rural multifamily housing projects for which a loan is either made or insured for a project's preservation, continued use restriction, and rehabilitation; and (2) actively facilitate such transfers. (A Section 515 project is one involving housing and related facilities for elderly persons and families or other persons and families of low income.)
Grants final regulatory authority over such property transfers to the Office of Rental Housing Preservation of the Rural Housing Service of the Department of Agriculture.
Authorizes such Office, with respect to such transfers, to work with and seek recommendations from the State Rural Development offices of the Department of Agriculture.
Sets forth deadlines for the processing of transfer applications by such Office as well as by state and local offices.
Instructs the Secretary of Agriculture to report to certain congressional committees on: (1) actions taken to coordinate with other federal agencies, including the Department of Housing and Urban Development (HUD) and the Internal Revenue Service (IRS), and, in particular, with the program for rental assistance under section 8 of the United States Housing Act of 1937, the multifamily mortgage insurance programs under title II of the National Housing Act, and the programs for low-income housing tax credits and for tax-exempt bonds under the Internal Revenue Code; (2) resulting improvements within the Rural Housing Service in expediting the transfer of ownership of projects with loans made or insured under section 515 of the Housing Act of 1949; and (3) recommended legislative changes. | {"src": "billsum_train", "title": "To expedite the transfer of ownership of rural multifamily housing projects with loans made or insured under section 515 of the Housing Act of 1949 so that such projects are rehabilitated and preserved for use for affordable housing."} | 1,574 | 347 | 0.725037 | 2.436462 | 0.84539 | 4.52568 | 4.688822 | 0.930514 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Back to Business and
Homes Act of 2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) 43 percent of businesses that close following a natural
disaster never reopen;
(2) an additional 29 percent of businesses close down
permanently within 2 years of a natural disaster;
(3) Hurricane Katrina struck the Gulf Coast of the United
States on August 29, 2005, negatively impacting small business
concerns and disrupting commerce in the States of Louisiana,
Mississippi, and Alabama;
(4) Hurricane Rita struck the Gulf Coast of the United
States on September 24, 2005, negatively impacting small
business concerns and disrupting commerce in the States of
Texas and Louisiana;
(5) according to the United States Chamber of Commerce,
more than 125,000 small and medium-sized businesses in the Gulf
Coast were disrupted by Hurricane Katrina or Hurricane Rita;
(6) due to a slow initial Federal response and the
widespread devastation in the affected States, businesses
impacted by Hurricane Katrina are in dire need of increased
access to capital and technical assistance to recover and
prosper; and
(7) without the full recovery and prosperity of affected
businesses, the Gulf Coast, and the rest of the United States,
will be negatively impacted.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``Disaster Area'' means an area in which the
President has declared a major disaster in response to
Hurricane Katrina of 2005 or Hurricane Rita of 2005;
(2) the term ``major disaster'' has the meaning given the
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122); and
(3) the term ``small business concern'' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
SEC. 4. SMALL BUSINESS CONCERN RECOVERY GRANTS.
(a) In General.--There are authorized to be appropriated to the
Secretary of Commerce $100,000,000 for the Economic Development
Administration of the Department of Commerce to make grants to the
appropriate State government agencies in Louisiana, Alabama,
Mississippi, and Texas, to carry out this section.
(b) Disbursement of Funds.--The Department of Commerce shall
disburse the funds authorized under subsection (a) in the most
expeditious manner possible to the designated States, based on--
(1) the number of small business concerns directly damaged
or disrupted by Hurricane Katrina of 2005 or Hurricane Rita of
2005 in the State;
(2) the number of residents displaced from the State by
Hurricane Katrina of 2005 or Hurricane Rita of 2005;
(3) the number of jobs lost or disrupted by Hurricane
Katrina of 2005 or Hurricane Rita of 2005 in the State;
(4) the extent of economic disruption by Hurricane Katrina
of 2005 or Hurricane Rita of 2005 in the State; and
(5) the number of evacuees from any other State due to
Hurricane Katrina of 2005 or Hurricane Rita of 2005, to whom
the designated State is providing assistance.
(c) Use of Funds.--
(1) In general.--Grants awarded to a State under subsection
(a) shall be used by the State to provide grants, which may be
made to any small business concern located in a Disaster Area
that was negatively impacted by Hurricane Katrina of 2005 or
Hurricane Rita of 2005, to assist such small business concern
for the purposes of--
(A) paying employees;
(B) paying bills and other existing financial
obligations;
(C) making repairs;
(D) purchasing inventory;
(E) restarting or operating that business in the
community in which it was conducting operations prior
to Hurricane Katrina of 2005 or Hurricane Rita of 2005,
or to a neighboring area or county or parish in a
Disaster Area; or
(F) covering additional costs until that small
business concern is able to obtain funding through
insurance claims, Federal assistance programs, or other
sources.
(2) Criteria.--Notwithstanding any other provision of law,
in making grants under paragraph (1), a State may use such
criteria as the State determines appropriate, and shall not be
required to apply eligibility criteria for programs
administered by the Federal Government, including the
Department of Commerce.
(3) Administrative expenses.--The Department of Commerce
may use not more than $1,000,000 of the funds authorized under
subsection (a) to administer the provision of grants to the
designated States under this subsection.
SEC. 5. DISASTER LOANS AFTER HURRICANE KATRINA OR HURRICANE RITA.
(a) In General.--Section 7(b) of the Small Business Act (15 U.S.C.
636(b)) is amended by inserting immediately after paragraph (3) the
following:
``(4) Disaster loans after hurricane katrina or hurricane
rita in a disaster area.--
``(A) Definitions.--In this paragraph--
``(i) the term `Disaster Area' means an
area in which the President has declared a
major disaster in response to Hurricane Katrina
of 2005 or Hurricane Rita of 2005; and
``(ii) the term `qualified borrower' means
a person to whom the Administrator made a loan
under this section because of Hurricane Katrina
of 2005 or Hurricane Rita of 2005.
``(B) Deferment of disaster loan payments.--
``(i) In general.--Notwithstanding any
other provision of law, payments of principal
and interest on a loan to a qualified borrower
made before December 31, 2006, shall be
deferred, and no interest shall accrue with
respect to such loan, during the time period
described in clause (ii).
``(ii) Time period.--The time period for
purposes of clause (i) shall be 1 year from the
later of the date of enactment of this
paragraph or the date on which funds are
distributed under a loan described in clause
(i), but may be extended to 2 years from such
date, at the discretion of the Administrator.
``(iii) Resumption of payments.--At the end
of the time period described in clause (ii),
the payment of periodic installments of
principal and interest shall be required with
respect to such loan, in the same manner and
subject to the same terms and conditions as
would otherwise be applicable to any other loan
made under this subsection.''.
(b) Increasing Collateral Requirements.--
(1) In general.--Notwithstanding any other provision of
law, including section 7(c)(6) of the Small Business Act (15
U.S.C. 636(c)(6)), the Administrator may not require collateral
for any covered loan made by the Administrator.
(2) Definition.--In this subsection, the term ``covered
loan'' means a loan in an amount of not more than $35,000
made--
(A) under section 7(b)(1) of the Small Business Act
(15 U.S.C. 636(b)(1));
(B) as a result of Hurricane Katrina of 2005 or
Hurricane Rita of 2005; and
(C) after the date of enactment of this Act.
SEC. 6. WAIVER OF DUPLICATION OF CERTAIN BENEFITS.
(a) In General.--Chapter 9 of title II of the Emergency
Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat. 471) is
amended under the heading ``community development fund (including
transfer of funds)'' under the heading ``Community Planning and
Development'' under the heading ``DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'', by inserting after ``Army Corps of Engineers:'' the
following: ``Provided further, That notwithstanding the previous
proviso or any other provision of law, in providing assistance in the
State of Louisiana, the Administrator of the Small Business
Administration may (in determining whether activities are reimbursable
under, or whether funds have been made available under, the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) using amounts made available under this heading) use as the
amount of a loan under section 7(b) of the Small Business Act (15
U.S.C. 636(b)) the amount attributable to the difference between the
rate of interest on such loan and the market rate at which such
borrower could have borrowed such funds, over the period of such
loan:''.
(b) Effective Date and Applicability.--
(1) Effective date.--The amendments made by this section
shall be deemed to have taken effect as though enacted as part
of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Hurricane Recovery, 2006 (Public
Law 109-234; 120 Stat. 418).
(2) Applicability.--The amendments made by this section
shall apply to any application for assistance under section
7(b) of the Small Business Act (15 U.S.C. 636(b)) that is
submitted not later than 1 year after the date of enactment of
this Act. | Gulf Coast Back to Business and Homes Act of 2006 - Authorizes appropriations for the Economic Development Administration of the Department of Commerce to make grants to appropriate state government agencies in Louisiana, Alabama, Mississippi, and Texas for assistance to small businesses located in a disaster area that was negatively affected by Hurricanes Katrina or Rita in 2005.
Amends the Small Business Act to require the deferment of payments of principal and interest on loans made by the Small Business Administration (SBA) before December 31, 2006, to a small business located in a disaster area negatively affected by such hurricanes.
Amends the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 to authorize the SBA Administrator to waive the duplication of certain benefits with respect to hurricane recovery loans made to affected small businesses in Louisiana. | {"src": "billsum_train", "title": "A bill to address ongoing small business and homeowner needs in the Gulf Coast States impacted by Hurricane Katrina and Hurricane Rita."} | 2,060 | 183 | 0.596246 | 1.720634 | 0.962429 | 4.369427 | 11.719745 | 0.942675 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defense Reuse Community Partnership
Act''.
SEC. 2. BASE DISPOSAL MANAGEMENT CONTRACT.
(a) Use of Independent Site Manager.--(1) In order to fulfill the
responsibilities of the Secretary of Defense under a base closure law,
the Secretary may enter into one or more contracts with independent
entities (in this section referred to as a ``Site Manager'') to assist
the Secretary in managing the site planning, approval, preparation, and
disposal of excess and surplus real property at military installations
to be closed or realigned under such base closure law. The Secretary
shall select a Site Manager in consultation with the affected local
community and may make the selection without reference to Federal
acquisition laws and regulations.
(2) During the term of a contract entered under this subsection and
the five-year period beginning on the termination date of the contract,
the Site Manager subject to that contract (and its affiliates) shall be
barred from bidding for or acquiring any interest in real property or
facilities located at any of the military installations to be managed
by the Site Manager, unless such acquisition is necessary to execute
the terms of the contract.
(b) Qualifications.--In selecting a Site Manager, the Secretary of
Defense shall ensure that the Site Manager, either directly or through
its principals, has had prior experience--
(1) in the site planning of properties located at military
installations;
(2) in dealing with local land use authorities in the
States in which the military installations to be managed are
located;
(3) in managing the cleanup of hazardous waste
contamination;
(4) in resolving land use issues under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the National Historic Preservation Act of 1966 (16 U.S.C. 470
et seq.); and
(5) in meeting such other qualifications as the Secretary
considers to be necessary to perform the tasks set forth in
this section.
(c) Duties Generally.--Under the contract entered into under
subsection (a), a Site Manager shall--
(1) analyze the land use potential of the military
installations to be managed by the Site Manager;
(2) coordinate with the applicable State and local
authorities to develop reuse options and obtain necessary
zoning and infrastructure approvals with respect to these
installations;
(3) manage the remediation of any adverse environmental
conditions on these installations;
(4) coordinate with State and Federal agencies to complete
all reports and analyses required under applicable law with
respect to these installations;
(5) initiate and coordinate the notices and consultations
with Federal, State, regional, and local agencies contemplated
under the authority delegated to the Secretary of Defense under
a base closure law and the procedures contemplated under
section 501 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411);
(6) manage through the use of community assets the
maintenance and interim use of these installations pending
final disposition;
(7) prepare real property and facilities at these
installations for disposal (including any necessary site-
clearing and infrastructure installation); and
(8) manage the sale of sale parcels in accordance with
subsection (f).
(d) Appraisal.--Before incurring any expenses under the contract,
the Secretary of Defense shall cause each proposed sale parcel at a
military installation to be managed by a Site Manager to be appraised
to determine the then-current ``as-is'' value of the parcel. The
appraisal shall be conducted in accordance with land appraisal
regulations issued by the Office of the Comptroller of the Currency and
the Office of Thrift Supervision under title XI of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C.
3331 et seq.).
(e) Budget.--A Site Manager and the Secretary of Defense shall
jointly develop a detailed budget for each phase of the site
preparation and approval process for each military installation to be
managed by the Site Manager. The contract entered into under subsection
(a) shall authorize the Site Manager through the sole exercise of its
reasonable business judgment, in accordance with the approved budget
and without reference to Federal acquisition laws and regulations, to
engage contractors and other professionals to complete all aspects of
the site preparation and approval process, including environmental
remediation. The Secretary shall reimburse the Site Manager for the
reasonable overhead costs incurred by the Site Manager and for payments
due under the contracts and subcontracts contemplated by this section.
(f) Sale Procedures and Disposition of Proceeds.--After a sale
parcel managed by a Site Manager has received all necessary approvals
and is otherwise ready for sale, the Site Manager shall sell the
parcel, as an agent for the Secretary of Defense, in one or more
transactions. Each sale shall be on terms acceptable to the Secretary,
determined in consultation with the Site Manager and appropriate local
authorities. The proceeds from each sale shall be divided among the
Department of Defense, the Site Manager involved, and appropriate local
authorities as follows:
(1) The Secretary of Defense shall receive an amount equal
to--
(A) the initial ``as-is'' appraised value of the
parcel established in accordance with subsection (d);
(B) the costs incurred by the Secretary under the
contract with the Site Manager (other than
environmental analysis and remediation costs, costs of
preparing or conducting reports, analyses, notices, and
consultations required under applicable law, property
maintenance costs, and all other costs that the
Secretary would be required to incur if the contract
with the Site Manager did not exist) and the reasonable
costs of conducting the sale; and
(C) \1/3\ of the remainder of the proceeds.
(2) From amounts remaining after operation of paragraph
(1), the applicable local authorities, as determined by the
Secretary, shall receive \1/2\ of the remainder. If the
appropriate local authorities cannot be determined
satisfactorily to the Secretary, the State in which the
military installation involved is located shall receive the
amount that would be distributed pursuant to this paragraph.
(3) From amounts remaining after operation of paragraph
(1), the Site Manager involved shall receive \1/2\ of the
remainder.
(g) Reports.--(1) At such intervals as the Secretary of Defense may
prescribe, each Site Manager shall submit to the Secretary reports
describing the activities of the Site Manager under a contract entered
into under subsection (a) and such other information as the Secretary
may require.
(2) Not later than May 31, 1994, and May 31, 1995, the Secretary of
Defense shall submit to Congress a report regarding all military
installations covered by a contract under this section and the status
of the site preparation and disposal process at the installations.
(h) Base Closure Law Defined.--For purposes of this section, the
term ``base closure law'' means each of the following:
(1) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(2) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C.
2687 note).
(3) Section 2687 of title 10, United States Code.
(4) Any other similar law enacted after the date of the
enactment of this Act. | Defense Reuse Community Partnership Act - Authorizes the Secretary of Defense, in order to fulfill responsibilities under the base closure laws, to contract with independent entities (site managers) for the management of site planning, approval, preparation, and disposal of excess and surplus real property at military installations to be closed or realigned under a base closure law. Prohibits each site manager chosen, during the term of the contract and five years thereafter, from bidding on or acquiring any real property located at such installation. Outlines site manager qualifications and general duties. Requires the appraisal of each proposed sale parcel at each such military installation.
Directs a site manager and the Secretary to develop a detailed budget for each phase of the site preparation and approval process for each installation. Directs the site manager to sell site parcels after obtaining all required approvals. Divides the sale proceeds between the Department of Defense, the site manager, and appropriate local authorities in a specified priority. Requires certain reports. | {"src": "billsum_train", "title": "Defense Reuse Community Partnership Act"} | 1,565 | 214 | 0.581515 | 1.719961 | 0.867521 | 3.426316 | 8.015789 | 0.878947 |
SECTION 1. INCREASE AND EXTENSION OF CREDIT FOR CERTAIN FLEXIBLE FUEL
HYBRID VEHICLES.
(a) In General.--Subsection (a) of section 30B of the Internal
Revenue Code of 1986 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 The credit amount is--
city fuel economy of which
(expressed as a percentage of the
city fuel economy of the
comparable vehicle referred to in
paragraph (3)(B)) is--
At least 125 percent but less $1,500
than 150 percent.
At least 150 percent but less $2,000
than 175 percent.
At least 175 percent but less $2,500
than 200 percent.
At least 200 percent but less $3,000
than 225 percent.
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 new qualified hybrid motor vehicle
credit.--Subsection (d) shall not apply to any motor vehicle
for which credit is allowed under this subsection.''.
(c) Extension of Termination.--Subsection (k) of section 30B of
such Code, as redesignated by this section, is amended by striking
``and'' at the end of paragraph (3), by redesignating paragraph (4) as
paragraph (5), and by inserting after paragraph (3) the following new
paragraph:
``(4) in the case of a new flexible fuel hybrid motor
vehicle (as described in subsection (e)), December 31, 2014,
and''.
(d) Vehicles Included in Numeric Limitation.--Paragraph (1) of
section 30B(g) of such Code, as redesignated by this section, is
amended by striking ``or (d)'' and inserting ``, (d), or (e)''.
(e) Conforming Amendments.--
(1) Subparagraph (A) of section 30B(i)(5) of such Code, as
redesignated by this section, is amended by striking
``subsection (e)'' and inserting ``subsection (f)''.
(2) Paragraph (6) of section 30B(i) of such Code, as
redesignated by this section, is amended by striking
``subsection (g)'' and inserting ``subsection (h)''.
(3) Subsection (k) of section 30(B) of such Code, as
redesignated by this section, is amended--
(A) in paragraph (2), by inserting ``other than a
new flexible fuel hybrid motor vehicle described in
subsection (e)'' after ``a new qualified hybrid motor
vehicle (as described in subsection (d)(2)(A))'',
(B) in paragraph (3), by inserting ``other than a
new flexible fuel hybrid motor vehicle described in
subsection (e)'' after ``a new qualified hybrid motor
vehicle (as described in subsection (d)(2)(B))'', and
(C) in paragraph (5), as redesignated by this
section, by striking ``subsection (e)'' and inserting
``subsection (f)''.
(4) Subsection (b) of section 38 of such Code is amended by
striking ``section 30B(g)(1)'' and inserting ``section
30B(h)(1)''.
(5) Paragraph (36) of section 1016(a) of such Code is
amended by striking ``section 30B(h)(4)'' and inserting
``section 30B(i)(4)''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2006. | Amends the Internal Revenue Code to qualify new flexible fuel hybrid motor vehicles for the alternative motor vehicle tax credit through December 31, 2014. Defines "new flexible fuel hybrid motor vehicle" as a qualified hybrid motor vehicle which is capable of operating on an alternative fuel, on gasoline, and on any blend thereof, and which is certified by the Administrator of the Environmental Protection Agency to have achieved a certain level of city fuel economy using E-85 ethanol fuel. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase and extend the alternative motor vehicle credit for certain flexible fuel hybrid vehicles."} | 1,270 | 95 | 0.591545 | 1.49518 | 0.872124 | 4.367816 | 13.655172 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Intelligence Authorization Act for
Fiscal Year 2015''.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2015
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Levels.--The amounts
authorized to be appropriated under section 101 and, subject to section
103, the authorized personnel ceilings as of September 30, 2015, for
the conduct of the intelligence activities of the elements listed in
paragraphs (1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany the bill
H.R. __ of the One Hundred Thirteenth Congress.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations, or of appropriate
portions of the Schedule, within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--With the approval of the Director of
the Office of Management and Budget, the Director of National
Intelligence may authorize employment of civilian personnel in excess
of the number of positions authorized for fiscal year 2015 by the
classified Schedule of Authorizations referred to in section 102(a) if
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 3 percent of the number of civilian
personnel authorized under such Schedule for such element.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--The Director
of National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2015 the sum of
$__________. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2016.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized __ positions as of September 30, 2015.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Community Management
Account for fiscal year 2015 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 102(a). Such additional amounts for advanced
research and development shall remain available until September
30, 2016.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2015, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2015 the sum of
$__________.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States. | Intelligence Authorization Act for Fiscal Year 2015 - Authorizes FY2015 appropriations for the conduct of intelligence and intelligence-related activities of the: (1) Office of the Director of National Intelligence (DNI); (2) Central Intelligence Agency (CIA); (3) Department of Defense (DOD); (4) Defense Intelligence Agency (DIA); (5) National Security Agency (NSA); (6) Departments of the Army, Navy, and Air Force; (7) Coast Guard; (8) Departments of State, the Treasury, Energy (DOE), and Justice (DOJ); (9) Federal Bureau of Investigation (FBI); (10) Drug Enforcement Administration (DEA); (11) National Reconnaissance Office; (12) National Geospatial-Intelligence Agency; and (13) Department of Homeland Security (DHS). Specifies that the amounts authorized and the authorized personnel ceilings as of September 30, 2015, for such activities are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President. Allows the DNI, with the approval of the Office of Management and Budget (OMB), to authorize employment of civilian personnel in excess of the number authorized for FY2015 when necessary for the performance of important intelligence functions. Requires notification to the intelligence committees on the use of such authority. Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long term, full-time training. Authorizes appropriations for the Intelligence Community Management Account for FY2015, as well as for personnel positions for elements within such Account. Authorizes appropriations for FY2015 for the Central Intelligence Agency Retirement and Disability Fund. Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law. Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or laws of the United States. | {"src": "billsum_train", "title": "Intelligence Authorization Act for Fiscal Year 2015"} | 1,483 | 487 | 0.642244 | 2.002964 | 0.726382 | 4.029885 | 3 | 0.921839 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bosnia Force Realignment Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) United States ground combat forces in the Republic of
Bosnia and Herzegovina have accomplished the military mission
assigned to them as a component of the Implementation Force and
the Stabilization Force.
(2) The continuing and open-ended commitment of United
States ground combat forces in the Republic of Bosnia and
Herzegovina is subject to the oversight authority of the
Congress.
(3) The Congress may limit the use of appropriated funds to
create the conditions for an orderly and honorable withdrawal
of United States ground combat forces from the Republic of
Bosnia and Herzegovina.
(4) On November 27, 1995, the President affirmed that
United States participation in the multinational military
Implementation Force in the Republic of Bosnia and Herzegovina
would terminate in approximately 1 year from that date.
(5) The President declared the expiration date of the
mandate for the Implementation Force to be December 20, 1996.
(6) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff expressed confidence that the Implementation
Force would complete its mission in approximately one year.
(7) The Secretary of Defense and the Chairman of the Joint
Chiefs of Staff expressed the critical importance of
establishing a firm deadline, in the absence of which there is
a potential for expansion of the mission of United States
ground combat forces.
(8) On October 3, 1996, the Chairman of the Joint Chiefs of
Staff announced the intention of the United States
Administration to delay the removal of United States ground
combat forces from the Republic of Bosnia and Herzegovina until
March 1997.
(9) In November 1996 the President announced his intention
to further extend the deployment of United States ground combat
forces in the Republic of Bosnia and Herzegovina until June
1998.
(10) The President did not request authorization by the
Congress of a policy that would result in the further
deployment of United States ground combat forces in the
Republic of Bosnia and Herzegovina until June 1998.
(11) Notwithstanding the passage of two previously
established deadlines, the reaffirmation of those deadlines by
senior national security officials, and the endorsement by
those same national security officials of the importance of
having a deadline as a hedge against an expanded mission, the
President announced on December 17, 1997, that establishing a
deadline had been a mistake and that United States ground
combat forces were committed to the North Atlantic Treaty
Organization (NATO)-led mission in the Republic of Bosnia and
Herzegovina for the indefinite future.
(12) NATO military forces have increased their
participation in law enforcement, particularly police
activities, in the Republic of Bosnia and Herzegovina.
(13) United States military commanders of the NATO-led
mission in the Republic of Bosnia and Herzegovina have stated
on several occasions that, in accordance with the Dayton Peace
Agreement, the principal responsibility for such law
enforcement and police activities lies with the Bosnian parties
themselves.
SEC. 3. WITHDRAWAL OF UNITED STATES GROUND COMBAT FORCES FROM THE
REPUBLIC OF BOSNIA AND HERZEGOVINA.
(a) Limitation.--No funds appropriated or otherwise made available
for the Department of Defense for fiscal year 1999 or any subsequent
fiscal year may be used for the deployment of any United States ground
combat forces in the Republic of Bosnia and Herzegovina after June 30,
1999.
(b) Exceptions.--The limitation in subsection (a) shall not apply--
(1) to the extent necessary to support a limited number of
United States military personnel sufficient only to protect
United States diplomatic facilities in existence on the date of
the enactment of this Act; or
(2) to the extent necessary to support non-combat military
personnel sufficient only to advise the commanders of the NATO
peacekeeping operations in the Republic of Bosnia and
Herzegovina.
(c) Limitation on Support for Law Enforcement Activities.--No funds
appropriated or otherwise made available for the Department of Defense
for fiscal year 1999 or any subsequent fiscal year may be used for any
of the following activities after June 30, 1999:
(1) Conduct of, or direct support for, law enforcement and
police activities in the Republic of Bosnia and Herzegovina,
except for the training of law enforcement personnel or to
prevent imminent loss of life.
(2) Conduct of, or support for, any activity in the
Republic of Bosnia and Herzegovina that may have the effect of
jeopardizing the primary mission of the NATO-led force in
preventing armed conflict between the Federation of Bosnia and
Herzegovina and the Republika Srpska (``Bosnian Entities'').
(3) The transfer of refugees within the Republic of Bosnia
and Herzegovina that, in the opinion of the commander of NATO
Forces involved in such transfer--
(A) has as one of its purposes the acquisition of
control by a Bosnian Entity of territory allocated to
the other Bosnian Entity under the Dayton Peace
Agreement; or
(B) may expose United States Armed Forces to
substantial risk to their personal safety.
(4) The implementation of any decision to change the legal
status of any territory within the Republic of Bosnia and
Herzegovina unless expressly agreed to by all signatories to
the Dayton Peace Agreement.
(d) Rule of Construction.--Nothing in this section shall be
construed to restrict the authority of the President under the
Constitution to protect the lives of United States citizens.
SEC. 4. PRESIDENTIAL REPORT.
(a) In General.--Not later than December 1, 1998, the President
shall prepare and transmit to the Congress a report on the progress of
the withdrawal of United States ground combat forces from the Republic
of Bosnia and Herzegovina.
(b) Contents of Report.--The report under subsection (a) shall
include an identification of the specific steps taken by the United
States Government to transfer the United States portion of the
peacekeeping mission in the Republic of Bosnia and Herzegovina to
European allied nations or organizations.
SEC. 5. DEFINITIONS.
In this Act:
(1) Dayton peace agreement.--The term ``Dayton Peace
Agreement'' means the General Framework Agreement for Peace in
Bosnia and Herzegovina, initialed by the parties in Dayton,
Ohio, on November 21, 1995, and signed in Paris on December 14,
1995.
(2) Implementation force.--The term ``Implementation
Force'' means the NATO-led multinational military force in the
Republic of Bosnia and Herzegovina (commonly referred to as
``IFOR''), authorized under the Dayton Peace Agreement.
(3) NATO.--The term ``NATO'' means the North Atlantic
Treaty Organization.
(4) Stabilization force.--The term ``Stabilization Force''
means the United Nations-led follow-on force to the
Implementation Force in the Republic of Bosnia and Herzegovina
and other countries in the region (commonly referred to as
``SFOR''), authorized under United Nations Security Council
Resolution 1088 (December 12, 1996). | Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there.
Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement.
Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina. | {"src": "billsum_train", "title": "Bosnia Force Realignment Act"} | 1,527 | 349 | 0.625244 | 1.951424 | 0.658595 | 5.037037 | 4.801347 | 0.922559 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Students from Worthless
Degrees Act''.
SEC. 2. CONSUMER PROTECTIONS FOR STUDENTS.
(a) In General.--
(1) Definitions.--In this section:
(A) Federal financial assistance program.--The term
``Federal financial assistance program'' means a
program authorized and funded by the Federal Government
under any of the following provisions of law:
(i) Title IV of the Higher Education Act of
1965 (20 U.S.C. 1070 et seq.).
(ii) Title I of the Workforce Investment
Act of 1998 (29 U.S.C. 2801 et seq.).
(iii) The Adult Education and Family
Literacy Act (20 U.S.C. 9201 et seq.).
(iv) Chapter 30, 31, 32, 33, 34, or 35 of
title 38, United States Code.
(v) Chapter 101, 105, 106A, 1606, 1607, or
1608 of title 10, United States Code.
(vi) Section 1784a, 2005, or 2007 of title
10, United States Code.
(B) Institution of higher education.--The term
``institution of higher education''--
(i) with respect to a program authorized
under subparagraph (A)(i), has the meaning
given the term in section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002);
(ii) with respect to a program authorized
under subparagraph (A)(ii), has the meaning
given the term ``postsecondary educational
institution'' as defined in section 101 of the
Workforce Investment Act of 1998 (29 U.S.C.
2801);
(iii) with respect to a program authorized
under subparagraph (A)(iii), has the meaning
given the term ``postsecondary educational
institution'' as defined in section 203 of the
Adult Education and Family Literacy Act (20
U.S.C. 9202);
(iv) with respect to a program authorized
under subparagraph (A)(iv), has the meaning
given the term ``educational institution''
under section 3452 of title 38, United States
Code;
(v) with respect to a program authorized
under subparagraph (A)(v), means an educational
institution that awards a degree or certificate
and is located in any State; and
(vi) with respect to a program authorized
under subparagraph (A)(vi), means an
educational institution that awards a degree or
certificate and is located in any State.
(C) State.--
(i) State.--The term ``State'' includes, in
addition to the several States of the United
States, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, American Samoa, the
United States Virgin Islands, the Commonwealth
of the Northern Mariana Islands, and the Freely
Associated States.
(ii) Freely associated states.--The term
``Freely Associated States'' means the Republic
of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau.
(2) Consumer protections.--Notwithstanding any other
provision of law, an institution of higher education is not
eligible to participate in a Federal financial assistance
program with respect to any program of postsecondary education
or training, including a degree or certificate program, that is
designed to prepare students for entry into a recognized
occupation or profession that requires licensing or other
established requirements as a pre-condition for entry into such
occupation or profession, unless--
(A) the successful completion of the program fully
qualifies a student, in the State in which the
institution offering the program is located (and in any
State in which the institution indicates, through
advertising or marketing activities or direct contact
with potential students, that a student will be
prepared to work in the occupation or profession after
successfully completing the program), to--
(i) take any examination required for entry
into the recognized occupation or profession in
the State, including satisfying all State or
professionally mandated programmatic and
specialized accreditation requirements, if any;
and
(ii) be certified or licensed or meet any
other academically related pre-conditions that
are required for entry into the recognized
occupation or profession in the State;
(B) the institution offering the program provides
timely placement for all of the academically related
pre-licensure requirements for entry into the
recognized occupation or profession in the State, such
as clinical placements, internships, or
apprenticeships;
(C) in the case of State licensing or
professionally mandated requirements for entry into the
recognized occupation or profession in the State in
which the institution offering the program is located
(and in any State in which the institution indicates,
through advertising or marketing activities or direct
contact with potential students, that a student will be
prepared to work in the occupation or profession after
successfully completing the program) that require
specialized accreditation--
(i) the program meets that requirement for
specialized accreditation through its
accreditation or pre-accreditation by an
accrediting agency or association recognized by
the Secretary of Education as a reliable
authority as to the quality or training offered
by the institution in that program; and
(ii) if the program is in a pre-accredited,
probation, or show cause status by an
accrediting agency or association described in
clause (i), and the requirement for specialized
accreditation is for full accreditation, the
institution--
(I) establishes, to the
satisfaction of the Secretary of
Education, that each student who
enrolls before the program is fully
accredited attests of being advised
that the program is in a pre-
accredited, probation, or show cause
status and of being informed of the
effect on the student's eligibility for
assistance under this title and on the
student's ability to satisfy State or
professionally mandated requirements
for entry into the recognized
occupation or profession if full
accreditation is delayed, denied,
terminated, or withdrawn; and
(II) publicly and prominently
discloses in any advertising,
marketing, or recruitment materials and
activities for the institution, the
institution's pre-accredited,
probation, or show cause status and the
implications of such status for
prospective students; and
(D) the institution--
(i) discloses on the application to enroll
in the institution that its program does not
necessarily satisfy out-of-State requirements,
if applicable; and
(ii) upon receipt of an application to
enroll in the institution, notifies the
student, prior to enrollment, if the program in
which the student intends to enroll does not
satisfy the requirements of the State in which
the student is a resident, if applicable.
(b) Effective Date.--This section shall be effective 6 months after
the date of enactment of this Act. | Protecting Students from Worthless Degrees Act - Makes any institution of higher education (IHE) postsecondary program designed to prepare students for a recognized occupation or profession requiring licensing or other entry pre-conditions ineligible to participate in a federal financial assistance program, unless it meets specified student consumer protection requirements.
Requires each program to: (1) fully prepare students to satisfy those entry pre-conditions in the state in which the program is operated and in any state the program claims a successful program graduate will be prepared to work in the particular occupation or profession involved; (2) provide timely placement of students in required pre-licensure positions, such as internships or apprenticeships; and (3) meet specialized state accreditation requirements, or notify students if the program has not yet been fully accredited.
Requires an IHE to notify out-of-state applicants as to whether or not its program satisfies the requirements of the applicant's state. | {"src": "billsum_train", "title": "A bill to provide consumer protection for students."} | 1,490 | 208 | 0.39374 | 1.19787 | 0.647642 | 2.374302 | 7.72067 | 0.854749 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Academies of Practice
Recognition Act of 2003''.
SEC. 2. CHARTER.
The National Academies of Practice organized and incorporated under
the laws of the District of Columbia, is hereby recognized as such and
is granted a Federal charter.
SEC. 3. CORPORATE POWERS.
The National Academies of Practice (referred to in this Act as the
``corporation'') shall have only those powers granted to it through its
bylaws and articles of incorporation filed in the State in which it is
incorporated and subject to the laws of such State.
SEC. 4. PURPOSES OF CORPORATION.
The purposes of the corporation shall be to honor persons who have
made significant contributions to the practice of applied psychology,
dentistry, medicine, nursing, optometry, osteopathy, podiatry, social
work, veterinary medicine, pharmacy, and other health care professions,
and to improve the practices in such professions by disseminating
information about new techniques and procedures.
SEC. 5. SERVICE OF PROCESS.
With respect to service of process, the corporation shall comply
with the laws of the State in which it is incorporated and those States
in which it carries on its activities in furtherance of its corporate
purposes.
SEC. 6. MEMBERSHIP.
Eligibility for membership in the corporation and the rights and
privileges of members shall be as provided in the bylaws of the
corporation.
SEC. 7. BOARD OF DIRECTORS; COMPOSITION; RESPONSIBILITIES.
The composition and the responsibilities of the board of directors
of the corporation shall be as provided in the articles of
incorporation of the corporation and in conformity with the laws of the
State in which it is incorporated.
SEC. 8. OFFICERS OF THE CORPORATION.
The officers of the corporation and the election of such officers
shall be as provided in the articles of incorporation of the
corporation and in conformity with the laws of the State in which it is
incorporated.
SEC. 9. RESTRICTIONS.
(a) Use of Income and Assets.--No part of the income or assets of
the corporation shall inure to any member, officer, or director of the
corporation or be distributed to any such person during the life of the
charter under this Act. Nothing in this subsection shall be construed
to prevent the payment of reasonable compensation to the officers of
the corporation or reimbursement for actual necessary expenses in
amounts approved by the board of directors.
(b) Loans.--The corporation shall not make any loan to any officer,
director, or employee of the corporation.
(c) Political Activity.--The corporation, any officer, or any
director of the corporation, acting as such officer or director, shall
not contribute to, support, or otherwise participate in any political
activity or in any manner attempt to influence legislation.
(d) Issuance of Stock and Payment of Dividends.--The corporation
shall have no power to issue any shares of stock nor to declare or pay
any dividends.
(e) Claims of Federal Approval.--The corporation shall not claim
congressional approval or Federal Government authority for any of its
activities.
SEC. 10. LIABILITY.
The corporation shall be liable for the acts of its officers and
agents when acting within the scope of their authority.
SEC. 11. MAINTENANCE AND INSPECTION OF BOOKS AND RECORDS.
(a) Books and Records of Account.--The corporation shall keep
correct and complete books and records of account and shall keep
minutes of any proceeding of the corporation involving any of its
members, the board of directors, or any committee having authority
under the board of directors.
(b) Names and Addresses of Members.--The corporation shall keep at
its principal office a record of the names and addresses of all members
having the right to vote in any proceeding of the corporation.
(c) Right To Inspect Books and Records.--All books and records of
the corporation may be inspected by any member having the right to
vote, or by any agent or attorney of such member, for any proper
purpose, at any reasonable time.
(d) Application of State Law.--Nothing in this section shall be
construed to contravene any applicable State law.
SEC. 12. ANNUAL REPORT.
The corporation shall report annually to the Congress concerning
the activities of the corporation during the preceding fiscal year. The
report shall not be printed as a public document.
SEC. 13. RESERVATION OF RIGHT TO AMEND OR REPEAL CHARTER.
The right to alter, amend, or repeal this Act is expressly reserved
to Congress.
SEC. 14. DEFINITION.
In this Act, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, and the territories and possessions of
the United States.
SEC. 15. TAX-EXEMPT STATUS.
The corporation shall maintain its status as an organization exempt
from taxation as provided in the Internal Revenue Code of 1986 or any
corresponding similar provision.
SEC. 16. TERMINATION.
If the corporation fails to comply with any of the restrictions or
provisions of this Act the charter granted by this Act shall terminate. | National Academies of Practice Recognition Act of 2003 - Grants a Federal charter to the National Academies of Practice (a nonprofit corporation organized under the laws of the District of Columbia). | {"src": "billsum_train", "title": "A bill to recognize the organization known as the National Academies of Practice."} | 1,147 | 39 | 0.519874 | 1.241221 | 0.500864 | 3.411765 | 30.5 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Value-added Agricultural Products
Market Access Act of 1997''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The export of value-added agricultural products is of
vital importance to the economy of the United States.
(2) In 1995, agriculture was the largest positive
contributor to the United States merchandise trade balance with
a trade surplus of $25,800,000,000.
(3) The growth of United States value-added agricultural
exports should continue to be an important factor in improving
the United States merchandise trade balance.
(4) Increasing the volume of value-added agricultural
exports will increase farm income in the United States, thereby
protecting family farms and contributing to the economic well-
being of rural communities in the United States.
(5) Although the United States efficiently produces high-
quality value-added agricultural products, United States
producers cannot realize their full export potential because
many foreign countries deny fair and equitable market access to
United States agricultural products.
(6) The Foreign Agricultural Service estimates that United
States agricultural exports are reduced by $4,700,000,000
annually due to unjustifiable imposition of sanitary and
phytosanitary measures that deny or limit market access to
United States products.
(7) The denial of fair and equitable market access for
United States value-added agricultural products impedes the
ability of United States farmers to export their products,
thereby harming the economic interests of the United States.
(b) Purposes.--The purposes of this Act are--
(1) to reduce or eliminate foreign unfair trade practices
and to remove constraints on fair and open trade in value-added
agricultural products;
(2) to ensure fair and equitable market access for exports
of United States value-added agricultural products; and
(3) to promote free and fair trade in value-added
agricultural products.
SEC. 3. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS.
(a) Identification Required.--Chapter 8 of title I of the Trade Act
of 1974 is amended by adding at the end the following:
``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DENY MARKET ACCESS FOR
VALUE-ADDED AGRICULTURAL PRODUCTS.
``(a) In General.--Not later than the date that is 30 days after
the date on which the annual report is required to be submitted to
Congressional committees under section 181(b), the United States Trade
Representative (hereafter in this section referred to as the `Trade
Representative') shall identify--
``(1) those foreign countries that--
``(A) deny fair and equitable market access to
United States value-added agricultural products, or
``(B) apply standards for the importation of value-
added agricultural products from the United States that
are not related to public health concerns or cannot be
substantiated by reliable analytical methods; and
``(2) those foreign countries identified under paragraph
(1) that are determined by the Trade Representative to be
priority foreign countries.
``(b) Special Rules for Identifications.--
``(1) Criteria.--In identifying priority foreign countries
under subsection (a)(2), the Trade Representative shall only
identify those foreign countries--
``(A) that engage in or have the most onerous or
egregious acts, policies, or practices that deny fair
and equitable market access to United States value-
added agricultural products,
``(B) whose acts, policies, or practices described
in subparagraph (A) have the greatest adverse impact
(actual or potential) on the relevant United States
products, and
``(C) that are not--
``(i) entering into good faith
negotiations, or
``(ii) making significant progress in
bilateral or multilateral negotiations,
to provide fair and equitable market access to United
States value-added agricultural products.
``(2) Consultation and consideration requirements.--In
identifying priority foreign countries under subsection (a)(2),
the Trade Representative shall--
``(A) consult with the Secretary of Agriculture and
other appropriate officers of the Federal Government,
and
``(B) take into account information from such
sources as may be available to the Trade Representative
and such information as may be submitted to the Trade
Representative by interested persons, including
information contained in reports submitted under
section 181(b) and petitions submitted under section
302.
``(3) Factual basis requirement.--The Trade Representative
may identify a foreign country under subsection (a)(1) only if
the Trade Representative finds that there is a factual basis
for the denial of fair and equitable market access as a result
of the violation of international law or agreement, or the
existence of barriers, referred to in subsection (d)(3).
``(4) Consideration of historical factors.--In identifying
foreign countries under paragraphs (1) and (2) of subsection
(a), the Trade Representative shall take into account--
``(A) the history of value-added agricultural trade
relations with the foreign country, including any
previous identification under subsection (a)(2), and
``(B) the history of efforts of the United States,
and the response of the foreign country, to achieve
fair and equitable market access for United States
value-added agricultural products.
``(c) Revocations and Additional Identifications.--
``(1) Authority to act at any time.--If information
available to the Trade Representative indicates that such
action is appropriate, the Trade Representative may at any
time--
``(A) revoke the identification of any foreign
country as a priority foreign country under this
section, or
``(B) identify any foreign country as a priority
foreign country under this section.
``(2) Revocation reports.--The Trade Representative shall
include in the semiannual report submitted to the Congress
under section 309(3) a detailed explanation of the reasons for
the revocation under paragraph (1) of the identification of any
foreign country as a priority foreign country under this
section.
``(d) Definitions.--For purposes of this section--
``(1) Value-added agricultural product.--The term `value-
added agricultural product' means a product that has
traditionally been considered by the Secretary of Agriculture
as being a value-added product within the scope of section 303
of the Agricultural Trade Act of 1978 (7 U.S.C. 5653).
``(2) Fair and equitable market access.--A foreign country
denies fair and equitable market access if the foreign country
effectively denies access to a market for a product through the
use of laws, procedures, practices, or regulations which--
``(A) violate provisions of international law or
international agreements to which both the United
States and the foreign country are parties, or
``(B) constitute discriminatory nontariff trade
barriers.
``(e) Publication.--The Trade Representative shall publish in the
Federal Register a list of foreign countries identified under
subsection (a) and shall make such revisions to the list as may be
required by reason of the action under subsection (c).
``(f) Annual Report.--The Trade Representative shall, not later
than the date by which countries are identified under subsection (a),
transmit to the Committee on Ways and Means and the Committee on
Agriculture of the House of Representatives and the Committee on
Finance and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report on the actions taken under this section during the
12 months preceding such report, and the reasons for such actions,
including a description of progress made in achieving fair and
equitable market access for United States value-added agricultural
products.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by inserting after the item relating to section 182 the
following:
``Sec. 183. Identification of countries that deny market access for
value-added agricultural products.''.
SEC. 4. INVESTIGATIONS.
(a) Investigation Required.--Subparagraph (A) of section 302(b)(2)
of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended by inserting
``or 183(a)(2)'' after ``section 182(a)(2)'' in the matter preceding
clause (i).
(b) Conforming Amendment.--Subparagraph (D) of section 302(b)(2) of
such Act is amended by inserting ``concerning intellectual property
rights that is'' after ``any investigation''.
SEC. 5. AUTHORIZED ACTIONS BY UNITED STATES TRADE REPRESENTATIVE.
Section 301(c)(1) of the Trade Act of 1974 (19 U.S.C. 2411(c)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph
(D)(iii)(II) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) with respect to an investigation of a country
identified under section 183(a)(1), to request that the
Secretary of Agriculture (who, upon receipt of such a
request, shall) direct the Food Safety and Inspection
Service of the Department of Agriculture to review
certifications for the facilities of such country that
export meat and other agricultural products to the
United States.''. | Value-added Agricultural Products Market Access Act of 1997 - Amends the Trade Act of 1974 to require the United States Trade Representative (USTR), by 30 days after the annual National Trade Estimate is due, to identify those foreign countries that: (1) deny fair and equitable market access to U.S. value-added agricultural products, or that apply standards to such imports that are not related to public health concerns (or cannot be substantiated by reliable analytical methods); and (2) are priority foreign countries (which engage in the most egregious acts, policies, or practices that deny market access to, or whose acts, policies, or practices have the greatest adverse impact on, U.S. value-added agricultural products). Prescribes certain requirements with respect to the identification of such countries.
Requires the USTR to report annually to specified congressional committees on actions taken, and on progress made, in achieving market access for U.S. value-added agricultural products.
Authorizes the USTR, with respect to the identification of such foreign countries, to request that the Secretary of Agriculture direct the Food Safety and Inspection Service of the Department of Agriculture to review certifications for the facilities of such countries that export meat and other agricultural products to the United States. | {"src": "billsum_train", "title": "Value-added Agricultural Products Market Access Act of 1997"} | 2,078 | 272 | 0.611276 | 1.831393 | 0.73368 | 3.904564 | 7.908714 | 0.925311 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teri Zenner Social Worker Safety
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Occupational Safety and Health
Administration, some 2 million American workers are victims of
job-related violence each year.
(2) On August 17, 2004, Teri Zenner, a social worker and
case manager with Johnson County Mental Health Center, was
stabbed and killed during a routine, in-home visit with a
client.
(3) Based on OSHA's most recently published ``Guidelines
for Preventing Workplace Violence for Health Care & Social
Service Workers'', 48 percent of all non-fatal injuries from
occupational assaults and violent acts occurred in the fields
of health care and social services.
(4) A major study by the American Federation of State,
County, and Municipal Employees, found that 70 percent of
front-line child welfare workers had been victims of violence
or threats in the line of duty. A review of the 585 exit
interviews found that 90 percent of former child welfare
workers experienced verbal threats, 30 percent experienced
physical attacks, and 13 percent had been threatened with
weapons.
(5) Based on 2000 Bureau of Labor Statistics findings,
social service workers in the public sector, including social
workers and case workers, are approximately 7 times more likely
to be the victims of violent assaults while at work than are
workers in the private sector.
(6) States such as California, New Jersey, and Washington,
and the National Association of Social Workers, have all
developed various safety programs with safety guidelines for
social workers and case workers to follow while in the course
of their employment.
(7) Social workers and case workers elevate service to
others above self-interest, and draw on their knowledge, values
and skills to help people in need and to address social
problems. Job-related violence against social workers and case
workers affects these hard-working and dedicated individuals,
their families, their clients, and their communities throughout
the United States.
(8) There is a need to increase public awareness and
understanding of job-related violence in the field of social
services and to meet the needs of social workers and case
workers in preventing such violence. Although not every
incident of job-related violence can be prevented, many can,
and the severity of injuries sustained by social workers and
case workers can be reduced.
SEC. 3. SOCIAL WORKER SAFETY GRANT PROGRAM.
(a) Grants Authorized.--The Secretary of Health and Human Services
(the ``Secretary''), through the Substance Abuse and Mental Health
Services Administration, is authorized to award grants to States to
provide safety measures to social workers and other professionals
working with violent, drug-using, or other at-risk populations.
(b) Use of Funds.--Grants awarded pursuant to subsection (a) may be
used to provide or support the following safety measures:
(1) The procurement and installation of safety equipment,
including communications systems, such as GPS tracking devices
and GPS cell telephones to assist agencies in locating staff,
and any technical assistance and training for safety
communications.
(2) Training exercises for self-defense and crisis
management.
(3) Facility safety improvements.
(4) The provision of pepper spray for self-defense.
(5) Training in cultural competency, including linguistic
training, and training on strategies for de-escalating a
situation that could turn volatile.
(6) Training to help workers who work with mentally ill
community or that have behavioral problems and need help
coping.
(7) Educational resources and materials to train staff on
safety and awareness measures.
(8) Other activities determined by the Secretary to be
safety training.
(c) Application.--
(1) In general.--A State seeking a grant under subsection
(a) shall submit an application to the Secretary, at such time,
in such manner, and accompanied by such additional information
as the Secretary may require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the type of agencies that will be
receiving funding from the grant and type of work done
by such agencies;
(B) describe the specific activities for which
assistance under this section is sought and include a
program budget; and
(C) contain an assurance that the applicant will
evaluate the effectiveness of the safety measure
provided with funds received under the grant.
(d) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to those applicants that--
(1) demonstrate the greatest need based on documented
incidents; and
(2) seek to provide assistance to multiple agencies.
(e) Quality Assurance and Cost-Effectiveness.--The Secretary shall
establish guidelines for assuring the cost-effectiveness and quality of
the safety measures funded under this section.
(f) Technical Assistance.--The Secretary may provide technical
assistance to grant recipients with respect to planning, developing,
and implementing safety measures under the grant.
(g) Report Requirement.--States receiving grants shall file with
the Secretary, not later than 2 years after the receipt of the grant,
information that includes--
(1) an assessment of the activities funded in whole or in
part with such grant;
(2) the range and scope of training opportunities,
including numbers and percentage of social workers engaged in
the training programs funded in whole or in part by such grant;
and
(3) the incidence of threats to social workers, if any, and
the strategies used to address their safety.
(h) Non-Federal Share.--For any State receiving a grant under this
section, the non-Federal share of any program to provide safety
measures shall be 50 percent.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Health and Human Services $5,000,000
for each of fiscal years 2010 through 2014 to carry out this Act. | Teri Zenner Social Worker Safety Act - Authorizes the Secretary of Health and Human Services, through the Substance Abuse and Mental Health Services Administration, to award grants to states to provide safety measures to social workers and other professionals working with violent, drug-using, or other at-risk populations.
Authorizes such grants to be used to provide or support: (1) the procurement and installation of safety equipment, including communications systems to assist agencies in locating staff, and technical assistance and training for safety communications; (2) training exercises for self-defense and crisis management; (3) facility safety improvements; (4) provision of pepper spray for self-defense; (5) training in cultural competency and on strategies for de-escalating a situation that could turn volatile; (6) training to help workers who work with mentally ill communities and who need help coping; and (7) educational resources and materials to train staff on safety and awareness measures.
Directs the Secretary to establish guidelines for assuring the cost-effectiveness and quality of the safety measures funded. | {"src": "billsum_train", "title": "To establish a grant program to assist in the provision of safety measures to protect social workers and other professionals who work with at-risk populations."} | 1,238 | 217 | 0.487967 | 1.532547 | 0.616883 | 7.456731 | 5.975962 | 0.985577 |
SECTION 1. RETIREMENT YEARS SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 (relating to pension, profit-
sharing, stock bonus plans, etc.) is amended by inserting after section
408 the following new section:
``SEC. 408A. RETIREMENT YEARS SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a
Retirement Years Savings Account shall be treated for purposes of this
title in the same manner as an individual retirement plan.
``(b) Retirement Years Savings Account.--For purposes of this
title, the term `Retirement Years Savings Account' or `RYS Account'
means an individual retirement plan which is designated at the time of
the establishment of the plan as a Retirement Years Savings Account.
Such designation shall be made in such manner as the Secretary may
prescribe.
``(c) Contribution Rules.--
``(1) Deduction allowed for years before individual attains
age 40.--Section 219(g) shall not apply to any contribution to
an RYS Account for any taxable year before the taxable year
during which the individual attains age 40.
``(2) Denial of deduction for years after individual
attains age 40.--No deduction shall be allowed under section
219 for a contribution to an RYS account for the taxable year
in which the individual attains age 40 or any taxable year
thereafter.
``(3) Increased spousal contribution.--
``(A) In general.--In the case of an individual to
whom this paragraph applies for the taxable year, in
lieu of applying section 219(c), the limitation under
section 219(b)(1)(B) shall be equal to the sum of--
``(i) the compensation includible in such
individual's gross income for the taxable year,
plus
``(ii) the compensation includible in the
gross income of such individual's spouse for
the taxable year reduced by the amount of the
limitation under section 219(b)(1) applicable
to such spouse for such taxable year.
``(B) Individuals to whom paragraph applies.--This
paragraph shall apply to any individual if--
``(i) such individual files a joint return
for the taxable year, and
``(ii) the amount of compensation (if any)
includible in such individual's gross income
for the taxable year is less than the
compensation includible in the gross income of
such individual's spouse for the taxable year.
``(4) Tax on excess contributions.--Section 4973 shall be
applied separately with respect to individual retirement plans
which are RYS Accounts and individual retirement plans which
are not RYS Accounts; except that, for purposes of applying
such section with respect to individual retirement plans which
are RYS Accounts, the limitation under paragraph (3) shall be
taken into account.
``(5) Limitations on rollover contributions.--No rollover
contribution may be made to an RYS Account unless--
``(A) such contribution is from another RYS
Account, or
``(B) such contribution is from an individual
retirement plan (other than an RYS Account) and is made
before January 1, 1998.
``(d) Distribution Rules.--For purposes of this title--
``(1) Exclusion from gross income; no penalty tax.--No
portion of a qualified distribution from an RYS Account shall
be includible in gross income.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means any payment
or distribution--
``(A) made on or after the date on which the
individual attains age 59\1/2\,
``(B) made to a beneficiary (or to the estate of
the individual) on or after the death of the
individual, or
``(C) attributable to the individual's being
disabled (within the meaning of section 72(m)(7)).
``(e) Other Definitions.--For purposes of this section--
``(1) Rollover contributions.--The term `rollover
contributions' means contributions described in sections
402(c), 403(a)(4), 403(b)(8), or 408(d)(3).
``(2) Compensation.--The term `compensation' has the
meaning given such term by section 219(f).''
(b) Clerical Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of such Code is amended by
inserting after the item relating to section 408 the following new
item:
``Sec. 408A. Retirement Years Savings
Accounts.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995. | Amends the Internal Revenue Code to allow a deduction for contributions made by an individual who is younger than the age of 40 to an individual retirement plan designated as a Retirement Years Savings Account (RYS). Prohibits any rollover contribution to an RYS account unless: (1) such contribution is from another RYS account; or (2) such contribution is from another individual retirement plan (other than an RYS account) and is made before January 1998. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow deductible contributions to individual retirement plans designated as Retirement Years Savings Accounts."} | 1,107 | 99 | 0.527354 | 1.260075 | 0.701292 | 3.701149 | 10.770115 | 0.91954 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Routes to Teacher
Certification Act of 1998''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) If current trends continue, American schools will need
to hire more than two million teachers in the next decade to
educate an increasing number of students and to replace current
teachers who will retire or leave the profession.
(2) There are highly qualified individuals who serve in
other occupations that are interested in pursuing a teaching
career; in 1996, ten percent of all teachers at the elementary
or secondary level worked in an occupation outside of education
in the previous year.
(3) Schools are having trouble recruiting qualified
teachers. Nearly three-quarters of physical science students
and one-third of English students in high-poverty schools take
classes from unqualified teachers. Urban and rural areas face
significant challenges in finding highly qualified teachers.
(4) In addition, while one-third of American students in
1998 are members of minority groups, members of racial and
ethnic minorities make up only 13 percent of the teaching
force. In 1988, only eight percent of teacher education
students enrolled in a national representative sample of
college programs were minorities, while one study indicates
that more than one third of the alternative route candidates
were minorities.
(5) The same study found that 69 percent of alternatively
certified teacher interns that are being trained to teach
mathematics would prefer to teach in an urban or city setting,
while only 14 percent of university-certified teacher
candidates in mathematics chose an urban or city setting.
(6) Bringing distinctive life experiences and perspectives
into the classroom can enrich the instructional curriculum and
school climate, and enhance the quality of American education.
Alternative routes to certification programs help open the
teaching profession to individuals with high subject knowledge
and diverse life and professional experiences.
(7) Alternative routes to certification partnerships will
target Federal dollars directly to local school districts that
desire to create a program that will attract qualified teachers
to areas of high need, which would include a shortage of
teachers in a subject-content area.
(8) Alternative routes to certification programs should
help states develop new teacher-licensing policies based on
subject-matter knowledge, teaching knowledge, teaching skills,
and other performance-based examinations.
SEC. 3. ALTERNATIVE ROUTES TO TEACHER CERTIFICATION.
Title V of the Higher Education Act of 1965 is amended by adding
the end the following new part:
``PART G--ALTERNATIVE ROUTES TO TEACHER CERTIFICATION
``SEC. 599A. PURPOSE; PARTNERSHIP FUNCTIONS; AUTHORIZATION OF
APPROPRIATIONS.
``(a) Purpose.--The purpose of this part is to improve the supply
of well-qualified elementary school and secondary school teachers--
``(1) by authorizing support for partnerships that will
have a significant impact on increasing the pool of qualified
teachers for the purpose of developing alternative routes for
preparing and certifying teachers in elementary and secondary
schools; and
``(2) by awarding grants to innovative programs that
recruit, prepare, and retain high quality individuals who plan
to enter teaching from another occupational field and seek to
become licensed teachers.
``(b) Partnership Functions.--A partnership under this part shall--
``(1) recruit highly qualified individuals who hold
postsecondary degrees in the academic subject area in which
they plan to teach or a closely related field and who--
``(A) plan to enter teaching from another
occupational field and seek to become licensed
teachers, which may include paraprofessionals seeking
to achieve full teacher certification; teachers whom
the partner local educational agencies have hired under
`emergency certification' procedures; or former
military personnel, mid-career professionals, or
AmeriCorps or Peace Corps volunteers who desire to
enter teaching; or
``(B) recent college graduates who (i) have a
record of academic distinction, and (ii) hold a
bachelor of arts degree in the academic subject area in
which they plan to teach or a closely related field;
``(2) meet the needs of participating schools in addressing
high demand areas; and
``(3) encourage States to develop new teacher-licensing
policies based on subject-matter knowledge, teaching knowledge,
teaching skills, and other performance-based examinations.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $15,000,000 for fiscal year 1999,
and such sums as necessary for 4 succeeding fiscal years.
``SEC. 599B. PROGRAM AUTHORIZED.
``(a) Grants by the Secretary.--The Secretary is authorized to
award grants, on a competitive basis, to eligible applicants for the
purposes of recruiting, preparing, and retaining high quality
individuals who plan to enter teaching from another occupational field.
``(b) Grants Duration; Continuation.--The Secretary shall make
competitive grants to partnerships, subject to the availability of
appropriations, for a period not to exceed 5 years, including no more
than 1 year to be used for planning and preparation. The Secretary may
make continuation awards only after determining satisfactory progress.
The Secretary shall conduct an extensive review of progress, with the
assistance of outside experts, before making a continuation award for
the 4th year.
``SEC. 599C. GRANT APPLICATIONS AND CONTRACTS.
``To receive an award under this subpart, an eligible applicant
shall submit to the Secretary an application that--
``(1) designates a fiscal agent for the partnership;
``(2) contains a description of how the partnerships will
develop an alternative route to a certification program that
leads to an increased pool of highly qualified individuals
entering the teaching profession;
``(3) contains information on the quality of the program,
and how the applicants will ensure that high quality applicants
will be recruited and prepared;
``(4) contains a description of the assessment that the
partnership has undertaken to determine the critical teacher
recruitment needs of the local educational agency;
``(5) contains a description of recruitment and outreach
efforts; number and types of students that will be served under
the program, which may include paraprofessionals, `emergency
certification' hires; former military personnel, mid-career
professionals or returned Peace Corps or AmeriCorps volunteers;
``(6) contains a description of--
``(A) how the partnership will use funds to
increase the number of recruits with high potential to
be effective teachers that participate in its
alternative certification program;
``(B) the criteria applicant will use to select
students;
``(C) how the partnership will develop and
implement performance criteria for program and
candidate evaluation;
``(D) how the State agency will develop new
teacher-licensing policies based on subject-matter
knowledge, teaching knowledge, teaching skills, and
other performance-based examinations;
``(E) the activities that will be carried out under
the grant, including a description or justification of
support services and induction program that will be
offered to participating recruits; and
``(F) the commitments by the local educational
agency partner to hire qualified individuals who
complete the alternative certification program.
``SEC. 599D. USES OF FUNDS.
``(a) Required Activities.--In order to increase the pool of highly
qualified individuals entering the teaching profession by developing
alternative routes to certification, and to encourage States to develop
new teacher-licensing policies based on subject-matter knowledge,
teaching knowledge, teaching skills, and other performance-based
examinations, each partnership selected to receive a grant under this
part shall use the grant funds for each of the following purposes:
``(1) To develop, design, and implement programs that
recruit and train highly qualified individuals to become
licensed to teach in elementary and secondary schools.
``(2) To undertake an assessment to determine the critical
needs of the local educational agency, particularly in terms of
teacher recruitment.
``(3) To develop outreach and recruitment efforts to
attract high quality individuals.
``(4) To develop new teacher-licensing policies based on
subject-matter knowledge, teaching knowledge, teaching skills,
and other performance-based examinations.
``(5) To develop an induction program, to include mentoring
and support services.
``SEC. 599E. EVALUATION.
``The Secretary shall evaluate programs under this part. Such
evaluation shall include--
``(1) an evaluation of the effectiveness of the program in
ensuring all teachers have demonstrated subject-matter
knowledge, teaching knowledge, and teaching skills necessary to
teach effectively in the content area or areas in which he or
she will provide instruction;
``(2) a comparison of student achievement outcomes between
teachers certified through grant alternative program and
teachers certified through traditional programs; and
``(3) an assessment of increases in the pool of qualified
applicants to alleviate teacher shortage in underserved areas,
including minority individuals.
``SEC. 599F. DEFINITIONS.
``(a) For purposes of this part:
``(1) Eligible applicant.--The term `eligible applicant'
means a partnership of--
``(A) the State agency responsible for
certification of teachers;
``(B) 1 or more local education agencies that--
``(i) are eligible for assistance for title
I of the Elementary and Secondary Education Act
of 1965; and
``(ii) have an enrollment of children
counted under section 1124(c) of that Act that
exceeds 30 percent of the total enrollment of
the district; and
``(C) 1 or more nonprofit organizations, including
institutions of higher education, that prepare teachers
for their initial entry into the teaching profession.
Partnerships may also include 2-year colleges, other public and
private, nonprofit agencies and organizations that serve, or
are located in, communities served by the local education
agencies in the partnership, and that have a record of training
teachers.
``(2) Alternative route to certification.--The term
`alternative route to certification' means a program,
specifically for individuals who have at least a bachelor's
degree, to obtain initial teacher licensure and to teach in
elementary and secondary schools, and in which the awarded
licenses are equal to licenses issued to teachers who complete
a traditional teacher education program route.
``(3) Highly qualified individuals.--The term `highly
qualified individuals' means individuals who have demonstrated
the subject matter knowledge, the ability to attain teaching
knowledge, and teaching skills necessary to teach effectively
in the content area or areas in which he or she will provide
instruction.
``(b) Matching Requirement.--The Federal share of the cost of
activities carried out under a grant shall not exceed 75 percent. The
non-Federal share of activities may be provided in cash or in kind, and
may be obtained from any non-Federal public or private source.''. | Alternative Routes to Teacher Certification Act of 1998 - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 to add a new part G, Alternative Routes to Teacher Certification, to increase the supply of well-qualified elementary school and secondary school teachers.
Authorizes appropriations.
Authorizes the Secretary of Education to award competitive grants to eligible partnerships to recruit, prepare, and retain high quality individuals who plan to enter teaching from another occupational field.
Sets forth requirements for grant duration and continuation, partnership eligibilty and applications, uses of funds, evaluation, and non-Federal matching funds. | {"src": "billsum_train", "title": "Alternative Routes to Teacher Certification Act of 1998"} | 2,345 | 142 | 0.497083 | 1.408787 | 0.713639 | 3.85124 | 18.77686 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Literacy Through School
Libraries Act of 2001''.
SEC. 2. SCHOOL LIBRARY MEDIA RESOURCES.
Title II of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended--
(1) by redesignating part E as part F; and
(2) by inserting after part D the following:
``PART E--ASSISTANCE TO SCHOOL LIBRARIES TO IMPROVE LITERACY
``Subpart 1--Library Media Resources
``SEC. 2350. PURPOSE.
``The purposes of this subpart are--
``(1) to improve literacy skills and academic achievement
of students by providing students with increased access to up-
to-date school library materials, a well-equipped,
technologically advanced school library media center, and well-
trained, professionally certified school library media
specialists;
``(2) to support the acquisition of up-to-date school
library media resources for the use of students, school library
media specialists, and teachers in elementary schools and
secondary schools;
``(3) to provide school library media specialists with the
tools and training opportunities necessary for the specialists
to facilitate the development and enhancement of the
information literacy, information retrieval, and critical
thinking skills of students; and
``(4)(A) to ensure the effective coordination of resources
for library, technology, and professional development
activities for elementary schools and secondary schools; and
``(B) to ensure collaboration between school library media
specialists, and elementary school and secondary school
teachers and administrators, in developing curriculum-based
instructional activities for students so that school library
media specialists are partners in the learning process of
students.
``SEC. 2351. STATE ALLOTMENTS.
``The Secretary shall allot to each eligible State educational
agency for a fiscal year an amount that bears the same relation to the
amount appropriated under section 2360 and not reserved under section
2359 for the fiscal year as the amount the State educational agency
received under part A of title I for the preceding fiscal year bears to
the amount all eligible State educational agencies received under part
A of title I for the preceding fiscal year.
``SEC. 2352. STATE APPLICATIONS.
``To be eligible to receive an allotment under section 2351 for a
State for a fiscal year, the State educational agency shall submit to
the Secretary an application at such time, in such manner, and
containing such information as the Secretary shall require. The
application shall contain a description of--
``(1) the manner in which the State educational agency will
use the needs assessment described in section 2355(1) and
poverty data to allocate funds made available through the
allotment to the local educational agencies in the State with
the greatest need for school library media improvement;
``(2) the manner in which the State educational agency will
effectively coordinate all Federal and State funds available
for literacy, library, technology, and professional development
activities to assist local educational agencies, elementary
schools, and secondary schools in--
``(A) acquiring up-to-date school library media
resources in all formats, including books and advanced
technology such as Internet connections; and
``(B) providing training for school library media
specialists;
``(3) the manner in which the State educational agency will
develop standards for the incorporation of new technologies
into the curricula of elementary schools and secondary schools
through school library media programs to develop and enhance
the information literacy, information retrieval, and critical
thinking skills of students; and
``(4) the manner in which the State educational agency will
evaluate the quality and impact of activities carried out under
this subpart by local educational agencies to make
determinations regarding the need of the agencies for technical
assistance and whether to continue funding the agencies under
this subpart.
``SEC. 2353. STATE RESERVATION.
``A State educational agency that receives an allotment under
section 2351 may reserve not more than 3 percent of the funds made
available through the allotment to provide technical assistance,
disseminate information about effective school library media programs,
and pay administrative costs, relating to this subpart.
``SEC. 2354. LOCAL ALLOCATIONS.
``(a) In General.--A State educational agency that receives an
allotment under section 2351 for a fiscal year shall use the funds made
available through the allotment and not reserved under section 2353 to
make allocations to local educational agencies.
``(b) Agencies.--The State educational agency shall allocate the
funds to the local educational agencies in the State that have--
``(1) the greatest need for school library media
improvement according to the needs assessment described in
section 2355(1); and
``(2) the highest percentages of poverty, as measured in
accordance with section 1113(a)(5).
``SEC. 2355. LOCAL APPLICATION.
``To be eligible to receive an allocation under section 2354 for a
fiscal year, a local educational agency shall submit to the State
educational agency an application at such time, in such manner, and
containing such information as the State educational agency shall
require. The application shall contain--
``(1) a needs assessment relating to need for school
library media improvement, based on the age and condition of
school library media resources (including book collections),
access of school library media centers to advanced technology,
including Internet connections, and the availability of well-
trained, professionally certified school library media
specialists, in schools served by the local educational agency;
``(2) a description of the manner in which the local
educational agency will use the needs assessment to assist
schools with the greatest need for school library media
improvement;
``(3) a description of the manner in which the local
educational agency will use the funds provided through the
allocation to carry out the activities described in section
2356;
``(4) a description of the manner in which the local
educational agency will develop and carry out the activities
described in section 2356 with the extensive participation of
school library media specialists, elementary school and
secondary school teachers and administrators, and parents;
``(5) a description of the manner in which the local
educational agency will effectively coordinate--
``(A) funds provided under this subpart with the
Federal, State, and local funds received by the agency
for literacy, library, technology, and professional
development activities; and
``(B) activities carried out under this subpart
with the Federal, State, and local library, technology,
and professional development activities carried out by
the local educational agency; and
``(6) a description of the manner in which the local
educational agency will collect and analyze data on the quality
and impact of activities carried out under this subpart by
schools served by the local educational agency.
``SEC. 2356. LOCAL ACTIVITIES.
``A local educational agency that receives a local allocation under
section 2354 may use the funds made available through the allocation--
``(1) to acquire up-to-date school library media resources,
including books;
``(2) to acquire and utilize advanced technology,
incorporated into the curricula of the schools, to develop and
enhance the information literacy, information retrieval, and
critical thinking skills of students;
``(3) to acquire and utilize advanced technology, including
Internet links, to facilitate resource-sharing among schools
and school library media centers, and public and academic
libraries, where possible;
``(4) to provide professional development opportunities for
school library media specialists; and
``(5) to foster increased collaboration between school
library media specialists and elementary school and secondary
school teachers and administrators.
``SEC. 2357. ACCOUNTABILITY AND CONTINUATION OF FUNDS.
``Each local educational agency that receives funding under this
subpart for a fiscal year shall be eligible to continue to receive the
funding--
``(1) for each of the 2 following fiscal years; and
``(2) for each fiscal year subsequent to the 2 following
fiscal years, if the local educational agency demonstrates that
the agency has increased--
``(A) the availability of, and the access of
students, school library media specialists, and
elementary school and secondary school teachers to, up-
to-date school library media resources, including books
and advanced technology, in elementary schools and
secondary schools served by the local educational
agency;
``(B) the number of well-trained, professionally
certified school library media specialists in those
schools; and
``(C) collaboration between school library media
specialists and elementary school and secondary school
teachers and administrators for those schools.
``SEC. 2358. SUPPLEMENT NOT SUPPLANT.
``Funds made available under this subpart shall be used to
supplement and not supplant other Federal, State, and local funds
expended to carry out activities relating to library, technology, or
professional development activities.
``SEC. 2359. NATIONAL ACTIVITIES.
``The Secretary shall reserve not more than 3 percent of the amount
appropriated under section 2360 for a fiscal year--
``(1) for an annual, independent, national evaluation of
the activities assisted under this subpart, to be conducted not
later than 3 years after the date of enactment of this subpart;
and
``(2) to broadly disseminate information to help States,
local educational agencies, school library media specialists,
and elementary school and secondary school teachers and
administrators learn about effective school library media
programs.
``SEC. 2360. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$475,000,000 for fiscal year 2002 and such sums as may be necessary for
each of fiscal years 2003 through 2006.
``Subpart 2--School Library Access Program
``SEC. 2361. PROGRAM.
``(a) In General.--The Secretary may make grants to local
educational agencies to provide students with access to libraries in
elementary schools and secondary schools during non-school hours,
including the hours before and after school, weekends, and summer
vacation periods.
``(b) Applications.--To be eligible to receive a grant under
subsection (a), a 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.
``(c) Priority.--In making grants under subsection (a), the
Secretary shall give priority to local educational agencies that
demonstrate, in applications submitted under subsection (b), that the
agencies--
``(1) seek to provide activities that will increase
literacy skills and student achievement;
``(2) have effectively coordinated services and funding
with entities involved in other Federal, State, and local
efforts, to provide programs and activities for students during
the non-school hours described in subsection (a); and
``(3) have a high level of community support.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart $25,000,000 for fiscal year 2002
and such sums as may be necessary for each of fiscal years 2003 through
2006.''. | Improving Literacy Through School Libraries Act of 2001 - Amends the Elementary and Secondary Education Act of 1965 to establish a program of assistance to school libraries to improve literacy through: (1) mandatory allotments to States for library media resources; and (2) discretionary grants for school library access during non-school hours. | {"src": "billsum_train", "title": "A bill to amend the Elementary and Secondary Education Act of 1965 to provide up-to-date school library media resources and well-trained, professionally certified school library media specialists for elementary schools and secondary schools, and for other purposes."} | 2,379 | 67 | 0.536977 | 1.221832 | 0.639603 | 3.7 | 39.016667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Shoshone Claims Distribution
Act''.
SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.
The funds appropriated in satisfaction of the judgment award
granted to the Western Shoshone Indians in Docket Number 326-K before
the Indian Claims Commission, including all earned interest, shall be
distributed as follows:
(1) Judgment roll.--The Secretary shall establish a Western
Shoshone Judgment Roll consisting of all Western Shoshones
who--
(A) have at least \1/4\ degree of Western Shoshone
Blood;
(B) are citizens of the United States; and
(C) are living on the date of enactment of this
Act.
(2) Certain individuals ineligible.--Any individual
determined or certified as eligible by the Secretary to receive
a per capita payment from any other judgment fund awarded by
the Indian Claims Commission, the United States Claims Court,
or the United States Court of Federal Claims, that was
appropriated on or before the date of enactment of this Act,
shall not be eligible for enrollment under this Act.
(3) Publication of roll.--The Secretary shall publish in
the Federal Register rules and regulations governing the
establishment of the Western Shoshone Judgment Roll and shall
use any documents acceptable to the Secretary in establishing
proof of eligibility. The Secretary's determination on all
applications for enrollment under this paragraph shall be
final.
(4) Per capita payments.--Upon completing the Western
Shoshone Judgment Roll under paragraph (1), the Secretary shall
make a per capita distribution of 100 percent of the funds
described in this section, in a sum as equal as possible, to
each person listed on the roll.
(5) Conditions of per capita payments.--(A) With respect to
the distribution of funds under this section, the per capita
shares of living competent adults who have reached the age of
19 years on the date of the distribution provided for under
paragraph (4), shall be paid directly to them.
(B) The per capita shares of deceased individuals shall be
distributed to their heirs and legatees in accordance with
regulations prescribed by the Secretary.
(C) The shares of legally incompetent individuals shall be
administered pursuant to regulations and procedures established
by the Secretary under section 3(b)(3) of Public Law 93-134 (25
U.S.C. 1403(b)(3)).
(D) The shares of minors and individuals who are under the
age of 19 years on the date of the distribution provided for
under paragraph (4) shall be held by the Secretary in
supervised individual Indian money accounts. The funds from
such accounts shall be disbursed over a period of 4 years in
payments equaling 25 percent of the principal, plus the
interest earned on that portion of the per capita share. The
first payment shall be disbursed to individuals who have
reached the age of 18 years if such individuals are deemed
legally competent. Subsequent payments shall be disbursed
within 90 days of the individual's following 3 birthdays.
(6) Applicable law.--All funds distributed under this Act
are subject to the provisions of section 7 of Public Law 93-134
(25 U.S.C. 1407).
(7) Unpaid amounts.--All per capita shares belonging to
living competent adults certified as eligible to share in the
judgment fund distribution under this section, and the interest
earned on those shares, that remain unpaid for a period of 6
years shall be added to the principal funds that are held and
invested in accordance with section 3, except that in the case
of a minor, such 6-year period shall not begin to run until the
minor reaches the age of majority.
(8) Residual amounts.--Any other residual principal and
interest funds remaining after the distribution under paragraph
(4) is complete shall be added to the principal funds that are
held and invested in accordance with section 3.
(9) Not a waiver of treaty rights.--Receipt of a share of
the judgment funds under this section shall not be construed as
a waiver of any existing treaty rights pursuant to the ``1863
Treaty of Ruby Valley'', inclusive of all Articles I through
VIII, and shall not prevent any Western Shoshone Tribe or Band
or individual Shoshone Indian from pursuing other rights
guaranteed by law.
SEC. 3. DISTRIBUTION OF DOCKETS 326-A-1 AND 326-A-3.
The funds appropriated in satisfaction of the judgment awards
granted to the Western Shoshone Indians in Docket Numbers 326-A-1 and
326-A-3 before the United States Court of Claims, and the funds
referred to under paragraphs (7) and (8) of section 2, together with
all earned interest, shall be distributed as follows:
(1) Establishment of trust fund.--(A) Not later than 120
days after the date of enactment of this Act, the Secretary
shall establish in the Treasury of the United States a trust fund to be
known as the ``Western Shoshone Educational Trust Fund'' for the
benefit of the Western Shoshone members. There shall be credited to the
Trust Fund the funds described in the matter preceding this paragraph.
(B) The principal in the Trust Fund shall not be expended
or disbursed. The Trust Fund shall be invested as provided for
in section 1 of the Act of June 24, 1938 (25 U.S.C. 162a).
(C)(i) All accumulated and future interest and income from
the Trust Fund shall be distributed, subject to clause (ii)--
(I) as educational grants and as other
forms of educational assistance determined
appropriate by the Administrative Committee
established under paragraph (2) to individual
Western Shoshone members as required under this
Act; and
(II) to pay the reasonable and necessary
expenses of such Administrative Committee (as
defined in the written rules and procedures of
such Committee).
(ii) Funds shall not be distributed under this paragraph on
a per capita basis.
(2) Administrative committee.--(A) An Administrative
Committee to oversee the distribution of the educational grants
and assistance authorized under paragraph (1)(C) shall be
established as provided for in this paragraph.
(B) The Administrative Committee shall consist of 1
representative from each of the following organizations:
(i) The Te-Moak Tribes of Western Shoshone Indians.
(ii) The Duckwater Shoshone Tribe.
(iii) The Yomba Shoshone Tribe.
(iv) The Ely Shoshone Tribe.
(v) The Western Shoshone Business Council of the
Duck Valley Reservation.
(vi) The Fallon Band of Western Shoshone.
(vii) The at-large community.
(C) Each member of the Committee shall serve for a term of
4 years. If a vacancy remains unfilled in the membership of the
Committee for a period in excess of 60 days, the Committee
shall appoint a replacement from among qualified members of the
organization for which the replacement is being made and such
member shall serve until the organization to be represented
designates a replacement.
(D) The Secretary shall consult with the Committee on the
management and investment of the funds subject to distribution
under this section.
(E) The Committee shall have the authority to disburse the
accumulated interest fund under this Act in accordance with the
terms of this Act. The Committee shall be responsible for
ensuring that the funds provided through grants and assistance
under paragraph (1)(C) are utilized in a manner consistent with
the terms of this Act. In accordance with paragraph
(1)(C)(i)(II), the Committee may use a portion of the interest
funds to pay all of the reasonable and necessary expenses of
the Committee, including per diem rates for attendance at
meetings that are the same as those paid to Federal employees
in the same geographic location.
(F) The Committee shall develop written rules and
procedures that include such matters as operating procedures,
rules of conduct, eligibility criteria for receipt of
educational grants or assistance (such criteria to be
consistent with this Act), application selection procedures,
appeal procedures, fund disbursement procedures, and fund
recoupment procedures. Such rules and procedures shall be
subject to the approval of the Secretary. A portion of the
interest funds in the Trust Fund, not to exceed $100,000, may
be used by the Committee to pay the expenses associated with
developing such rules and procedures. At the discretion of the
Committee, and with the approval of the appropriate tribal
governing body, jurisdiction to hear appeals of the Committee's
decisions may be exercised by a tribal court, or a court of
Indian offenses operated under section 11 of title 25, Code of
Federal Regulations.
(G) The Committee shall employ an independent certified
public accountant to prepare an annual financial statement that
includes the operating expenses of the Committee and the total
amount of educational grants or assistance disbursed for the
fiscal year for which the statement is being prepared under
this section. The Committee shall compile a list of names of
all individuals approved to receive such grants or assistance
during such fiscal year. The financial statement and the list
shall be distributed to each organization represented on the
Committee and the Secretary and copies shall be made available
to the Western Shoshone members upon request.
SEC. 4. DEFINITIONS.
In this Act the following definitions apply:
(1) Administrative committee; committee.--The terms
``Administrative Committee'' and ``Committee'' mean the
Administrative Committee established under section 3(2).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Trust fund.--The term ``Trust Fund'' means the Western
Shoshone Educational Trust Fund established under section 3(1).
(4) Western shoshone members.--The term ``Western Shoshone
members'' means an individual who appears on the Western
Shoshone Judgment Roll established under section 2(1), or an
individual who is the lineal descendant of an individual
appearing on the roll, and who--
(A) satisfies all eligibility criteria established
by the Administrative Committee under section 3(F);
(B) fulfills all application requirements
established by the Committee; and
(C) agrees to utilize funds distributed in
accordance with section 3(1)(C)(i)(I) in a manner
approved by the Committee for educational purposes. | Western Shoshone Claims Distribution Act - Provides for the distribution of specified funds appropriated in satisfaction of a judgment award granted to the Western Shoshone Indians in Docket Number 326-K before the Indian Claims Commission to U.S. citizens who have at least 1/4 Western Shoshone blood and who are enrolled on a Western Shoshone Judgment Roll to be established by the Secretary of the Interior.Requires that such funds and specified funds appropriated in satisfaction of the judgment awards granted to such Indians in Docket Numbers 326-A-1 and 326-A-3 before the U.S. Court of Claims be credited to and distributed from a Western Shoshone Educational Trust Fund to be established by the Secretary for educational grants and other forms of educational assistance to individual Western Shoshone members and to pay reasonable and necessary expenses of an Administrative Committee established by this Act to oversee the distribution of such educational grants and assistance. | {"src": "billsum_train", "title": "To provide for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other purposes."} | 2,273 | 215 | 0.641346 | 2.063251 | 0.761507 | 4 | 12.89375 | 0.95 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Homeless Veterans Act of
2013''.
SEC. 2. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF
BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 2002(1) of title 38, United States Code, is amended by
striking ``in section 103(a) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11302(a))'' and inserting ``in subsection (a) or (b) of
section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)''.
SEC. 3. IMPROVEMENTS TO GRANT PROGRAM FOR COMPREHENSIVE SERVICE
PROGRAMS FOR HOMELESS VETERANS.
(a) Modification of Authority To Provide Capital Improvement Grants
for Programs That Assist Homeless Veterans.--Subsection (a) of section
2011 of title 38, United States Code, is amended, in the matter before
paragraph (1)--
(1) by striking ``or modifying'' and inserting ``,
modifying, or maintaining''; and
(2) by inserting ``privately, safely, and securely,''
before ``the following''.
(b) Requirement That Recipients of Grants Meet Physical Privacy,
Safety, and Security Needs of Homeless Veterans.--Subsection (f) of
such section is amended by adding at the end the following new
paragraph:
``(6) To meet the physical privacy, safety, and security
needs of homeless veterans receiving services through the
project.''.
SEC. 4. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE
THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS.
Section 2012(a)(2) of title 38, United States Code, is amended--
(1) by redesignating subparagraphs (B) through (D) as
subparagraphs (C) through (E), respectively;
(2) in subparagraph (C), as redesignated, by striking ``in
subparagraph (D)'' and inserting ``in subparagraph (E)'';
(3) in subparagraph (D), as redesignated, by striking
``under subparagraph (B)'' and inserting ``under subparagraph
(C)'';
(4) in subparagraph (E), as redesignated, by striking ``in
subparagraphs (B) and (C)'' and inserting ``in subparagraphs
(C) and (D)''; and
(5) in subparagraph (A)--
(A) by striking ``The rate'' and inserting ``Except
as otherwise provided in subparagraph (B), the rate'';
and
(B) by striking ``under subparagraph (B)'' and all
that follows through the end and inserting the
following: ``under subparagraph (C).
``(B)(i) Except as provided in clause (ii), in no case may the rate
determined under this paragraph exceed the rate authorized for State
homes for domiciliary care under subsection (a)(1)(A) of section 1741
of this title, as the Secretary may increase from time to time under
subsection (c) of that section.
``(ii) In the case of services furnished to a homeless veteran who
is placed in housing that will become permanent housing for the veteran
upon termination of the furnishing of such services to such veteran,
the maximum rate of per diem authorized under this section is 150
percent of the rate described in clause (i).''.
SEC. 5. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO
DEPENDENTS OF CERTAIN HOMELESS VETERANS.
Subsection (a) of section 2012 of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Services for which a recipient of a grant under section 2011
of this title (or an entity described in paragraph (1)) may receive per
diem payments under this subsection may include furnishing care for a
dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant
recipient (or entity).''.
SEC. 6. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS
COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall assess
and measure the capacity of programs for which entities receive grants
under section 2011 of title 38, United States Code, or per diem
payments under section 2012 or 2061 of such title.
(b) Assessment at National and Local Levels.--In assessing and
measuring under subsection (a), the Secretary shall develop and use
tools to examine the capacity of programs described in such subsection
at both the national and local level in order to assess the following:
(1) Whether sufficient capacity exists to meet the needs of
homeless veterans in each geographic area.
(2) Whether existing capacity meets the needs of the
subpopulations of homeless veterans located in each geographic
area.
(3) The amount of capacity that recipients of grants under
sections 2011 and 2061 and per diem payments under section 2012
of such title have to provide services for which the recipients
are eligible to receive per diem under section
2012(a)(2)(B)(ii) of title 38, United States Code, as added by
section 4(5)(B).
(c) Use of Information.--The Secretary shall use the information
collected under this section as follows:
(1) To set specific goals to ensure that programs described
in subsection (a) are effectively serving the needs of homeless
veterans.
(2) To assess whether programs described in subsection (a)
are meeting goals set under paragraph (1).
(3) To inform funding allocations for programs described in
subsection (a).
(4) To improve the referral of homeless veterans to
programs described in subsection (a).
(d) Report.--Not later than 180 days after the date on which the
assessment required by subsection (b) is completed, the Secretary shall
submit to the Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of Representatives a report
on such assessment and such recommendations for legislative and
administrative action as the Secretary may have to improve the programs
and per diem payments described in subsection (a).
SEC. 7. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO
PROVIDE DENTAL CARE TO HOMELESS VETERANS.
(a) In General.--Section 2062(b) of title 38, United States Code,
is amended to read as follows:
``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran
who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
``(i) assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of
this title.
``(II) A therapeutic residence under
section 2032 of this title.
``(III) Community residential care
coordinated by the Secretary under section 1730
of this title.
``(IV) A setting for which the Secretary
provides funds for a grant and per diem
provider.
``(V) A setting--
``(aa) in which the veteran is
receiving transitional housing
assistance;
``(bb) for which funding is not
provided for transitional housing
assistance under the laws administered
by the Secretary;
``(cc) for which the Secretary
receives verification from the provider
of care that the veteran is receiving
care for a period of 60 consecutive
days; and
``(dd) from which the Secretary
determines that the veteran cannot
reasonably access comparable dental
services at no cost and in a reasonable
period of time.
``(2) For purposes of paragraph (1), in determining whether a
veteran has received assistance or care for a period of 60 consecutive
days, the Secretary may disregard breaks in the continuity of
assistance or care for which the veteran is not responsible.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date that is one year after the date of the
enactment of this Act.
SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL
SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF
HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States Code, is
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Partnerships with public and private entities to provide
legal services to homeless veterans and veterans at risk
of homelessness
``(a) Partnerships Authorized.--Subject to the availability of
funds for that purpose, the Secretary may enter into partnerships with
public or private entities to fund a portion of the general legal
services specified in subsection (c) that are provided by such entities
to homeless veterans and veterans at risk of homelessness.
``(b) Locations.--The Secretary shall ensure that, to the extent
practicable, partnerships under this section are made with entities
equitably distributed across the geographic regions of the United
States, including rural communities, tribal lands of the United States,
Native Americans, and tribal organizations (as defined in section 3765
of title 38, United States Code).
``(c) Legal Services.--Legal services specified in this subsection
include legal services provided by public or private entities that
address the needs of homeless veterans and veterans at risk of
homelessness as follows:
``(1) Legal services related to housing, including eviction
defense and representation in landlord-tenant cases.
``(2) Legal services related to family law, including
assistance in court proceedings for child support, divorce, and
estate planning.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(d) Consultation.--In developing and carrying out partnerships
under this section, the Secretary shall, to the extent practicable,
consult with public and private entities--
``(1) for assistance in identifying and contacting
organizations capable of providing the legal services described
in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that have
entered into partnerships under this section to submit to the Secretary
periodic reports on legal services provided to homeless veterans and
veterans at risk of homelessness pursuant to such partnerships.
``(f) Sunset.--The authority of the Secretary to enter into
partnerships under this section as described in subsection (a) shall
expire on December 31, 2016.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding after the item relating
to section 2022 the following new item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans
at risk of homelessness.''.
SEC. 9. REQUESTS FOR DATA TO EVALUATE AND IMPROVE SERVICES PROVIDED TO
VETERANS AT RISK OF HOMELESSNESS.
Section 2022 of title 38, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following new
subsection (f):
``(f) Requests for Data To Evaluate and Improve Services Provided
to Veterans at Risk of Homelessness.--(1) The Secretary shall from time
to time request from the Federal Bureau of Investigation, the Bureau of
Prisons, the Bureau of Justice Statistics, and other appropriate
Federal law enforcement agencies data in the possession of such
agencies useful for the evaluation and improvement of the services
provided to veterans at risk of homelessness under this section and
section 2023 of this title.
``(2) Such agencies shall make reasonable efforts to comply with
any such request by the Secretary.''.
SEC. 10. EXTENSION OF AUTHORITY FOR PROGRAM OF REFERRAL AND COUNSELING
SERVICES FOR VETERANS AT RISK OF HOMELESSNESS WHO ARE
TRANSITIONING FROM CERTAIN INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (b);
(2) in subsection (c)(1), by striking ``To the extent
practicable, the program'' and inserting ``The program'';
(3) in subsection (d), by striking ``September 30, 2014''
and inserting ``September 30, 2017'';
(4) in subsection (e)(2), by striking ``provided under the
demonstration program''; and
(5) by redesignating subsections (c), (d), and (e) as
subsections (b), (c), and (d), respectively.
SEC. 11. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO
HOMELESS VETERANS.
(a) In General.--Section 2065 of title 38, United States Code, is
hereby repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by striking the item relating to
section 2065.
SEC. 12. EXTENSIONS OF AUTHORITIES.
(a) Treatment and Rehabilitation for Seriously Mentally Ill and
Homeless Veterans.--Section 2031(b) of title 38, United States Code, is
amended by striking ``December 31, 2013'' and inserting ``December 31,
2014''.
(b) Centers for the Provision of Comprehensive Services to Homeless
Veterans.--Section 2033(d) of such title is amended by striking
``December 31, 2013'' and inserting ``December 31, 2014''.
(c) Housing Assistance for Homeless Veterans.--Section 2041(c) of
such title is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
(d) Training Entities for Provision of Supportive Services for Very
Low-income Veteran Families in Permanent Housing.--Section 2044(e)(3)
of such title is amended by striking ``2012'' and inserting ``2014''.
(e) Technical Assistance Grants for Nonprofit Community-Based
Groups.--Section 2064(b) of such title is amended by striking ``2012''
and inserting ``2014''.
(f) Advisory Committee on Homeless Veterans.--Section 2066(d) of
such title is amended by striking ``December 31, 2013'' and inserting
``December 31, 2014''.
SEC. 13. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY
MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING
FACILITIES.
(a) In General.--Subsection (d)(7) of section 5503 of title 38,
United States Code, is amended by striking ``November 30, 2016'' and
inserting ``August 31, 2017''.
(b) Clerical Amendments.--
(1) Section heading.--The section heading of such section
is amended to read as follows: ``Reduced pension for certain
hospitalized veterans and certain veterans receiving
domiciliary, nursing home, or nursing facility care''.
(2) Table of sections.--The table of sections at the
beginning of chapter 55 of such title is amended by striking
the item relating to section 5503 and inserting the following
new item:
``5503. Reduced pension for certain hospitalized veterans and certain
veterans receiving domiciliary, nursing
home, or nursing facility care.''.
Passed the Senate November 6, 2013.
Attest:
NANCY ERICKSON,
Secretary. | Helping Homeless Veterans Act of 2013 - (Sec. 2) Includes as a homeless veteran, for purposes of eligibility for benefits through the Department of Veterans Affairs (VA), a veteran or veteran's family fleeing domestic or dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the current housing situation, including where the health and safety of children are jeopardized, there is no other residence, and there is a lack of resources or support networks to obtain other permanent housing. (Sec. 3) Requires public or private nonprofit entities that receive grants under the VA comprehensive service programs for homeless veterans to agree to meet the physical privacy, safety, and security needs of such veterans. (Sec. 4) Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150% of the per diem rate authorized for veterans receiving domiciliary care in state homes. (Sec. 5) Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. (Sec. 6) Directs the Secretary of Veterans Affairs to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Requires the Secretary to report to the congressional veterans committees on such assessment. (Sec. 7) Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans: (1) receiving supportive housing assistance under the United States Housing Act of 1937 for at least 60 consecutive days, or (2) residing in non-VA transitional housing for at least 60 days from which the veteran cannot reasonably access comparable dental services at no cost. (Sec. 8) Authorizes the Secretary (until December 31, 2016) to enter into partnerships with public or private entities to fund a portion of general legal services provided to homeless veterans and veterans at risk of homelessness. Requires the partnerships to be equitably distributed across the United States and to include rural communities, tribal lands and organizations, and Native Americans. Allows the Secretary to require such partnerships to submit periodic reports to the Secretary on the legal services provided. (Sec. 9) Directs the Secretary to periodically request from the Federal Bureau of Investigation (FBI), the Bureau of Prisons, the Bureau of Justice Statistics, and other appropriate federal law enforcement agencies data useful for the evaluation and improvement of the services provided to veterans at risk of homelessness. (Sec. 10) Extends through FY2017 the authority of the Secretary and the Secretary of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Repeals the requirement that such program be carried out in least 12 locations. (Sec. 11) Repeals a required annual report from the Secretary to the veterans committees on VA activities under homeless veterans assistance programs. (Sec. 12) Extends various VA authorities and programs affecting such veterans, including: (1) treatment and rehabilitation for seriously mentally ill and homeless veterans, housing assistance for homeless veterans, and the Advisory Committee on Homeless Veterans through 2014; and (2) supportive services for very low-income veteran families residing in permanent housing through FY2014. (Sec. 13) Extends from November 30, 2016, through August 31, 2017, the requirement of a reduced pension ($90 per month) for veterans (with neither spouse nor child) or surviving spouses (with no child) covered by Medicaid plans under title XIX of the Social Security Act for services furnished by nursing facilities. | {"src": "billsum_train", "title": "Helping Homeless Veterans Act of 2013"} | 3,693 | 827 | 0.560053 | 1.858083 | 0.613009 | 2.885559 | 4.405995 | 0.882834 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Honesty in Energy
Regulations Act of 2016''.
SEC. 2. FINDINGS.
Congress finds the following--
(1) As a tool to justify Federal actions by the Department
of Energy and the Environmental Protection Agency (hereinafter
in this section referred to as the ``EPA'') addressing
greenhouse gas emissions, including those regulating or
prohibiting the exploration, mining, production, and use of
coal as well as other fossil fuels as energy sources, the
Social Cost of Carbon (hereinafter in this section referred to
as the ``SCC'') and the Social Cost of Methane (hereinafter in
this section referred to as the ``SCM'') in theory represent
the hypothetical cost of an incremental ton of carbon dioxide
(CO<INF>2</INF>) or methane emissions in a given year.
(2) Office of Management and Budget (hereinafter in this
section referred to as the ``OMB'') Circular A-4 guides Federal
agencies on the development of regulatory impact analysis
required under Executive Order 12866 as well as other
authorities, instructing agencies to include discount rates of
3 and 7 percent while also evaluating the cost and benefits
that accrue to citizens and residents of the United States.
(3) First developed in 2009 by an interagency working
group, including the Department of Energy and the EPA, the SCC
estimates fail to comply with OMB Circular A-4 prescribed
discount rates of 3 and 7 percent.
(4) While OMB Circular A-4 specifies that an evaluation of
the global effects, when undertaken, is to be reported
separately from domestic costs and benefits, the SCC instead
calculated the global benefits in lieu of and not in addition
to the domestic effects.
(5) The use of the SCC estimates in Department of Energy
and EPA rulemakings prior to any opportunity for public notice
and comment violated not only scientific peer-review
requirements but also the President's commitment to transparent
and open government as outlined in his January 21, 2009,
memorandum to the heads of executive departments and agencies.
(6) In July 2015, as part of a revision of the SCC in
response to over 150 substantive comments and in acknowledgment
of the faulty process by which the SCC estimates were
developed, the OMB requested the National Academies of Science,
Engineering and Medicine (hereinafter in this section referred
to as the ``NAS'') review and make recommendations for the
improvement of the SCC estimates.
(7) Shortly after the commencement of the NAS review, the
EPA, without appropriate peer review and an opportunity for
public notice and comment, utilized the EPA-developed SCM
estimates in justifying the costs and benefits of the September
2015 proposed and recently finalized rules under the Clean Air
Act for methane emissions from new, modified, and reconstructed
sources in the oil and gas sector.
(8) Continued use by the Department of Energy and the EPA
of the SCC and the SCM ignores sound science in order to
eliminate the exploration, mining, production, and use of our
abundant domestic sources of fossil fuel energy.
(9) The Department of Energy and EPA regulations, which are
costing American families billions of dollars per year, are
being justified in large part by SCC and SCM estimates.
SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST OF CARBON AND THE
SOCIAL COST OF METHANE.
The Secretary of Energy, when acting under any authority, and the
Administrator of the Environmental Protection Agency, when acting under
the authority of the Clean Air Act (42 U.S.C. 7401 et seq.), may not
consider the social cost of carbon or the social cost of methane as
part of any cost benefit analysis required under law or under Executive
Order 12866 or 13563, in any rulemaking, in the issuance of any
guidance, or in taking any other agency action, or as a justification
for any rulemaking, guidance document, or agency action, unless a
Federal law is enacted, after the date of enactment of this Act,
explicitly authorizing such consideration.
SEC. 4. REPORT OF THE ADMINISTRATOR OF THE EPA.
Not later than 120 days after the date of enactment of this Act,
the Administrator of the Environmental Protection Agency, in
coordination and consultation with the Secretary of Energy, the
Secretary of the Interior, and the Council on Environmental Quality
shall submit a report to the Committees on Energy and Commerce and on
Natural Resources of the House of Representatives and the Committees on
the Environment and Public Works and on Energy and Natural Resources of
the Senate, detailing the number of proposed and final rulemakings,
guidance documents, and agency actions since January 2009 that use the
social cost of carbon or the social cost of methane, including as part
of any cost benefit analysis required under Executive Order 12866 and
other relevant authorities.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``social cost of carbon'' means--
(A) the social cost of carbon as described in--
(i) the document entitled ``Technical
Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive
Order 12866'' published by the Interagency
Working Group on Social Cost of Carbon, United
States Government, in February 2010; or
(ii) the document entitled ``Technical
Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order 12866''
published by the Interagency Working Group on
Social Cost of Carbon, United States
Government, in May 2013, and revised in
November 2013 and July 2015, or any other
successor or substantially related document; or
(B) any other estimate of the monetized damages
associated with an incremental increase in carbon
dioxide emissions in a given year.
(2) The term ``social cost of methane'' means the estimate
of the social cost of methane--
(A) as described in--
(i) the proposed rule entitled ``Oil and
Natural Gas Sector: Emission Standards for New
and Modified Sources'' published by the
Environmental Protection Agency in the Federal
Register on September 18, 2015 (80 Fed. Reg.
56593);
(ii) the final rule entitled ``Oil and
Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources'' published
by the Environmental Protection Agency in the
Federal Register on June 3, 2016 (81 Fed. Reg.
35824); or
(iii) the ``Regulatory Impact Analysis of
the Final Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed, and Modified
Sources'' prepared by the Environmental
Protection Agency, Office of Air and Radiation,
in May 2016, and identified by docket ID number
EPA-HQ-OAR-2010-0505-7630; or
(B) any other successor or substantially related
estimate. | Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon or methane as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use either of those social costs, including as part of any cost benefit analysis required under Executive Order 12866 and other relevant authorities. | {"src": "billsum_train", "title": "Transparency and Honesty in Energy Regulations Act of 2016"} | 1,515 | 117 | 0.46589 | 1.321179 | 0.619617 | 5.444444 | 14.212121 | 0.959596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Arts and Crafts Amendments
Act of 2009''.
SEC. 2. INDIAN ARTS AND CRAFTS.
(a) Criminal Proceedings; Civil Actions; Misrepresentations.--
Section 5 of the Act entitled ``An Act to promote the development of
Indian arts and crafts and to create a board to assist therein, and for
other purposes'' (25 U.S.C. 305d) is amended to read as follows:
``SEC. 5. CRIMINAL PROCEEDINGS; CIVIL ACTIONS.
``(a) Definition of Federal Law Enforcement Officer.--In this
section, the term `Federal law enforcement officer' includes a Federal
law enforcement officer (as defined in section 115(c) of title 18,
United States Code).
``(b) Authority To Conduct Investigations.--Any Federal law
enforcement officer shall have the authority to conduct an
investigation relating to an alleged violation of this Act occurring
within the jurisdiction of the United States.
``(c) Criminal Proceedings.--
``(1) Investigation.--
``(A) In general.--The Board may refer an alleged
violation of section 1159 of title 18, United States
Code, to any Federal law enforcement officer for
appropriate investigation.
``(B) Referral not required.--A Federal law
enforcement officer may investigate an alleged
violation of section 1159 of that title regardless of
whether the Federal law enforcement officer receives a
referral under subparagraph (A).
``(2) Findings.--The findings of an investigation of an
alleged violation of section 1159 of title 18, United States
Code, by any Federal department or agency under paragraph
(1)(A) shall be submitted, as appropriate, to--
``(A) a Federal or State prosecuting authority; or
``(B) the Board.
``(3) Recommendations.--On receiving the findings of an
investigation under paragraph (2), the Board may--
``(A) recommend to the Attorney General that
criminal proceedings be initiated under section 1159 of
title 18, United States Code; and
``(B) provide such support to the Attorney General
relating to the criminal proceedings as the Attorney
General determines to be appropriate.
``(d) Civil Actions.--In lieu of, or in addition to, any criminal
proceeding under subsection (c), the Board may recommend that the
Attorney General initiate a civil action under section 6.''.
(b) Cause of Action for Misrepresentation.--Section 6 of the Act
entitled ``An Act to promote the development of Indian arts and crafts
and to create a board to assist therein, and for other purposes'' (25
U.S.C. 305e) is amended--
(1) by striking subsection (d);
(2) by redesignating subsections (a) through (c) as
subsections (b) through (d), respectively;
(3) by inserting before subsection (b) (as redesignated by
paragraph (2)) the following:
``(a) Definitions.--In this section:
``(1) Indian.--The term `Indian' means an individual that--
``(A) is a member of an Indian tribe; or
``(B) is certified as an Indian artisan by an
Indian tribe.
``(2) Indian product.--The term `Indian product' has the
meaning given the term in any regulation promulgated by the
Secretary.
``(3) Indian tribe.--
``(A) In general.--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).
``(B) Inclusion.--The term `Indian tribe' includes,
for purposes of this section only, an Indian group that
has been formally recognized as an Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Interior.'';
(4) in subsection (b) (as redesignated by paragraph (2)),
by striking ``subsection (c)'' and inserting ``subsection
(d)'';
(5) in subsection (c) (as redesignated by paragraph (2))--
(A) by striking ``subsection (a)'' and inserting
``subsection (b)''; and
(B) by striking ``suit'' and inserting ``the civil
action'';
(6) by striking subsection (d) (as redesignated by
paragraph (2)) and inserting the following:
``(d) Persons That May Initiate Civil Actions.--
``(1) In general.--A civil action under subsection (b) may
be initiated by--
``(A) the Attorney General, at the request of the
Secretary acting on behalf of--
``(i) an Indian tribe;
``(ii) an Indian; or
``(iii) an Indian arts and crafts
organization;
``(B) an Indian tribe, acting on behalf of--
``(i) the Indian tribe;
``(ii) a member of that Indian tribe; or
``(iii) an Indian arts and crafts
organization;
``(C) an Indian; or
``(D) an Indian arts and crafts organization.
``(2) Disposition of amounts recovered.--
``(A) In general.--Except as provided in
subparagraph (B), an amount recovered in a civil action
under this section shall be paid to the Indian tribe,
the Indian, or the Indian arts and crafts organization
on the behalf of which the civil action was initiated.
``(B) Exceptions.--
``(i) Attorney general.--In the case of a
civil action initiated under paragraph (1)(A),
the Attorney General may deduct from the
amount--
``(I) the amount of the cost of the
civil action and reasonable attorney's
fees awarded under subsection (c), to
be deposited in the Treasury and
credited to appropriations available to
the Attorney General on the date on
which the amount is recovered; and
``(II) the amount of the costs of
investigation awarded under subsection
(c), to reimburse the Board for the
activities of the Board relating to the
civil action.
``(ii) Indian tribe.--In the case of a
civil action initiated under paragraph (1)(B),
the Indian tribe may deduct from the amount--
``(I) the amount of the cost of the
civil action; and
``(II) reasonable attorney's
fees.''; and
(7) in subsection (e), by striking ``(e) In the event
that'' and inserting the following:
``(e) Savings Provision.--If''.
SEC. 3. MISREPRESENTATION OF INDIAN PRODUCED GOODS AND PRODUCTS.
Section 1159 of title 18, United States Code, is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Penalty.--Any person that knowingly violates subsection (a)
shall--
``(1) in the case of a first violation by that person--
``(A) if the applicable goods are offered or
displayed for sale at a total price of $1,000 or more,
or if the applicable goods are sold for a total price
of $1,000 or more--
``(i) in the case of an individual, be
fined not more than $250,000, imprisoned for
not more than 5 years, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than
$1,000,000; and
``(B) if the applicable goods are offered or
displayed for sale at a total price of less than
$1,000, or if the applicable goods are sold for a total
price of less than $1,000--
``(i) in the case of an individual, be
fined not more than $25,000, imprisoned for not
more than 1 year, or both; and
``(ii) in the case of a person other than
an individual, be fined not more than $100,000;
and
``(2) in the case of a subsequent violation by that person,
regardless of the amount for which any good is offered or
displayed for sale or sold--
``(A) in the case of an individual, be fined under
this title, imprisoned for not more than 15 years, or
both; and
``(B) in the case of a person other than an
individual, be fined not more than $5,000,000.''; and
(2) in subsection (c), by striking paragraph (3) and
inserting the following:
``(3) the term `Indian tribe'--
``(A) has the meaning given the term in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b); and
``(B) includes, for purposes of this section only,
an Indian group that has been formally recognized as an
Indian tribe by--
``(i) a State legislature;
``(ii) a State commission; or
``(iii) another similar organization vested
with State legislative tribal recognition
authority; and''.
Passed the Senate July 24, 2009.
Attest:
NANCY ERICKSON,
Secretary. | Indian Arts and Crafts Amendments Act of 2009 - Amends the Indian Arts and Crafts Act of 1990 to expand the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian produced goods or products. Authorizes: (1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and (2) the Indian Arts and Crafts Board to refer an alleged violation to any federal law enforcement officer (currently, only to the Federal Bureau of Investigation (FBI)) for investigation. Permits federal law enforcement officers to investigate an alleged violation regardless of whether the Board makes a referral of an alleged violation.
Requires the findings of any investigation of an alleged violation to be submitted to a federal or state prosecuting authority or the Indian Arts and Crafts Board. Authorizes the Board, upon receiving the findings of such an investigation, to: (1) recommend to the Attorney General that criminal proceedings be initiated (current law); (2) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate; or (3) recommend, in lieu of, or in addition to, any such criminal proceeding, that the Attorney General initiate a civil action. Allows the Attorney General, an Indian tribe, an Indian, or an Indian arts and crafts organization to initiate a civil action under this Act.
Amends the federal criminal code to revise penalties for the sale of misrepresented Indian produced goods and products. | {"src": "billsum_train", "title": "A bill to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes."} | 2,139 | 334 | 0.723352 | 2.266552 | 1.016141 | 3.468852 | 6.508197 | 0.92459 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``COPS Improvements Act of 2007''.
SEC. 2. COPS GRANT IMPROVEMENTS.
(a) In General.--Section 1701 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796dd) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall carry out
grant programs under which the Attorney General makes grants to States,
units of local government, Indian tribal governments, other public and
private entities, multi-jurisdictional or regional consortia, and
individuals for the purposes described in subsections (b), (c), (d),
and (e).'';
(2) in subsection (b)--
(A) by striking the subsection heading text and
inserting ``Community Policing and Crime Prevention
Grants'';
(B) in paragraph (3), by striking ``, to increase
the number of officers deployed in community-oriented
policing'';
(C) in paragraph (4), by inserting ``or train''
after ``pay for'';
(D) by inserting after paragraph (4) the following:
``(5) award grants to hire school resource officers and to
establish school-based partnerships between local law
enforcement agencies and local school systems to combat crime,
gangs, drug activities, and other problems in and around
elementary and secondary schools;'';
(E) by striking paragraph (9);
(F) by redesignating paragraphs (10) through (12)
as paragraphs (9) through (11), respectively;
(G) by striking paragraph (13);
(H) by redesignating paragraphs (14) through (17)
as paragraphs (12) through (15), respectively;
(I) in paragraph (14), as so redesignated, by
striking ``and'' at the end;
(J) in paragraph (15), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(K) by adding at the end the following:
``(16) establish and implement innovative programs to
reduce and prevent illegal drug manufacturing, distribution,
and use, including the manufacturing, distribution, and use of
methamphetamine; and
``(17) award enhancing community policing and crime
prevention grants that meet emerging law enforcement needs, as
warranted.'';
(3) by striking subsection (c);
(4) by striking subsections (h) and (i);
(5) by redesignating subsections (d) through (g) as
subsections (f) through (i), respectively;
(6) by inserting after subsection (b) the following:
``(c) Troops-to-Cops Programs.--
``(1) In general.--Grants made under subsection (a) may be
used to hire former members of the Armed Forces to serve as
career law enforcement officers for deployment in community-
oriented policing, particularly in communities that are
adversely affected by a recent military base closing.
``(2) Definition.--In this subsection, `former member of
the Armed Forces' means a member of the Armed Forces of the
United States who is involuntarily separated from the Armed
Forces within the meaning of section 1141 of title 10, United
States Code.
``(d) Community Prosecutors Program.--The Attorney General may make
grants under subsection (a) to pay for additional community prosecuting
programs, including programs that assign prosecutors to--
``(1) handle cases from specific geographic areas; and
``(2) address counter-terrorism problems, specific violent
crime problems (including intensive illegal gang, gun, and drug
enforcement and quality of life initiatives), and localized
violent and other crime problems based on needs identified by
local law enforcement agencies, community organizations, and
others.
``(e) Technology Grants.--The Attorney General may make grants
under subsection (a) to develop and use new technologies (including
interoperable communications technologies, modernized criminal record
technology, and forensic technology) to assist State and local law
enforcement agencies in reorienting the emphasis of their activities
from reacting to crime to preventing crime and to train law enforcement
officers to use such technologies.'';
(7) in subsection (f), as so redesignated--
(A) in paragraph (1), by striking ``to States,
units of local government, Indian tribal governments,
and to other public and private entities,'';
(B) in paragraph (2), by striking ``define for
State and local governments, and other public and
private entities,'' and inserting ``establish'';
(C) in the first sentence of paragraph (3), by
inserting ``(including regional community policing
institutes)'' after ``training centers or facilities'';
and
(D) by adding at the end the following:
``(4) Exclusivity.--The Office of Community Oriented
Policing Services shall be the exclusive component of the
Department of Justice to perform the functions and activities
specified in this paragraph.'';
(8) in subsection (g), as so redesignated, by striking
``may utilize any component'', and all that follows and
inserting ``shall use the Office of Community Oriented Policing
Services of the Department of Justice in carrying out this
part.'';
(9) in subsection (h), as so redesignated--
(A) by striking ``subsection (a)'' the first place
that term appears and inserting ``paragraphs (1) and
(2) of subsection (b)''; and
(B) by striking ``in each fiscal year pursuant to
subsection (a)'' and inserting ``in each fiscal year
for purposes described in paragraph (1) and (2) of
subsection (b)'';
(10) in subsection (i), as so redesignated, by striking the
second sentence; and
(11) by adding at the end the following:
``(j) Retention of Additional Officer Positions.--For any grant
under paragraph (1) or (2) of subsection (b) for hiring or rehiring
career law enforcement officers, a grant recipient shall retain each
additional law enforcement officer position created under that grant
for not less than 12 months after the end of the period of that grant,
unless the Attorney General waives, wholly or in part, the retention
requirement of a program, project, or activity.''.
(b) Applications.--Section 1702 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-1) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``, unless waived by the Attorney General''
after ``under this part shall'';
(B) by striking paragraph (8); and
(C) by redesignating paragraphs (9) through (11) as
paragraphs (8) through (10), respectively; and
(2) by striking subsection (d).
(c) Renewal of Grants.--Section 1703 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-2) is amended to read as
follows:
``SEC. 1703. RENEWAL OF GRANTS.
``(a) In General.--A grant made under this part may be renewed,
without limitations on the duration of such renewal, to provide
additional funds, if the Attorney General determines that the funds
made available to the recipient were used in a manner required under an
approved application and if the recipient can demonstrate significant
progress in achieving the objectives of the initial application.
``(b) No Cost Extensions.--Notwithstanding subsection (a), the
Attorney General may extend a grant period, without limitations as to
the duration of such extension, to provide additional time to complete
the objectives of the initial grant award.''.
(d) Limitation on Use of Funds.--Section 1704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-3) is amended--
(1) in subsection (a), by striking ``that would, in the
absence of Federal funds received under this part, be made
available from State or local sources'' and inserting ``that
the Attorney General determines would, in the absence of
Federal funds received under this part, be made available for
the purpose of the grant under this part from State or local
sources''; and
(2) by striking subsection (c).
(e) Enforcement Actions.--
(1) In general.--Section 1706 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796dd-5) is amended--
(A) in the section heading, by striking
``revocation or suspension of funding'' and inserting
``enforcement actions''; and
(B) by striking ``revoke or suspend'' and all that
follows and inserting ``take any enforcement action
available to the Department of Justice.''.
(2) Technical and conforming amendment.--The table of
contents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711) is amended by striking the
item relating to section 1706 and inserting the following:
``Sec. 1706. Enforcement actions.''.
(f) Definitions.--Section 1709(1) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796dd-8(1)) is amended--
(1) by inserting ``who is a sworn law enforcement officer''
after ``permanent basis''; and
(2) by inserting ``, including officers for the Amtrak
Police Department'' before the period at the end.
(g) Authorization of Appropriations.--Section 1001(11) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(11))
is amended--
(1) in subparagraph (A), by striking ``1,047,119,000'' and
inserting ``1,150,000,000''; and
(2) in subparagraph (B)--
(A) in the first sentence, by striking ``3
percent'' and inserting ``5 percent''; and
(B) by striking the second sentence and inserting
the following: ``Of the funds available for grants
under part Q, not less than $600,000,000 shall be used
for grants for the purposes specified in section
1701(b), not more than $200,000,000 shall be used for
grants under section 1701(d), and not more than
$350,000,000 shall be used for grants under section
1701(e).''.
(h) Purposes.--Section 10002 of the Public Safety Partnership and
Community Policing Act of 1994 (42 U.S.C. 3796dd note) is amended--
(1) in paragraph (4), by striking ``development'' and
inserting ``use''; and
(2) in the matter following paragraph (4), by striking
``for a period of 6 years''.
(i) COPS Program Improvements.--
(1) In general.--Section 109(b) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3712h(b)) is
amended--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as
paragraphs (1) and (2), respectively; and
(C) in paragraph (2), as so redesignated, by
inserting ``, except for the program under part Q of
this title'' before the period.
(2) Law enforcement computer systems.--Section 107 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3712f) is amended by adding at the end the following:
``(c) Exception.--This section shall not apply to any grant made
under part Q of this title.''. | COPS Improvements Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the authority of the Attorney General to make grants for public safety and community policing programs (COPS ON THE BEAT or COPS program). Revises grant purposes to provide for: (1) the hiring or training of law enforcement officers for intelligence, antiterror, and homeland security duties; (2) the hiring of school resource officers; (3) school-based partnerships between local law enforcement agencies and local school systems to combat crime, gangs, drug activities, and other problems facing elementary and secondary schools; (4) innovative programs to reduce and prevent illegal drug (including methamphetamine) manufacturing, distribution, and use; and (5) enhanced community policing and crime prevention grants that meet emerging law enforcement needs.
Allows COPS program grants to be used to hire former members of the Armed Forces to serve as career law enforcement officers for community-oriented policing, particularly in communities adversely affected by a recent military base closing.
Authorizes the Attorney General to make grants to: (1) assign community prosecutors to handle cases from specific geographic areas and address counterterrorism problems, specific violent crime problems, and localized violent and other crime problems; and (2) develop new technologies to assist state and local law enforcement agencies in crime prevention.
Grants the Office of Community Oriented Policing Services exclusive authority to perform functions and activities under the COPS program.
Requires grant recipients to retain additional law enforcement officers for a 12-month period after the end of the grant period.
Authorizes the Attorney General to renew COPS program grants if grant recipients can demonstrate significant progress in achieving the objectives of the initial grant application.
Increases: (1) the authorization of appropriation for the COPS program; and (2) the amount of funds available for technical assistance from 3 to 5%. Specifies amounts to be made available for hiring officers and prosecutors and for technology grants. | {"src": "billsum_train", "title": "A bill to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes."} | 2,669 | 420 | 0.610973 | 1.867816 | 0.850573 | 3.620053 | 6.448549 | 0.923483 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dangerous Products Warning Act''.
SEC. 2. DANGEROUS PRODUCTS.
(a) In General.--Part 1 of title 18, United States Code, is amended
by inserting after chapter 27 the following:
``CHAPTER 28--DANGEROUS PRODUCTS
``Sec.
``571. Violations.
``572. Relationship to existing law.
``573. Construction.
``574. Definitions for chapter.
``Sec. 571. Violations
``(a) Failure To Inform and Warn.--Whoever--
``(1) is a business entity or a product supervisor with
respect to a product or business practice;
``(2) knows of a serious danger associated with such
product (or a component of that product) or business practice;
and
``(3) knowingly fails within 15 days after such discovery
is made (or if there is imminent risk of serious bodily injury
or death, immediately) to do any of the following:
``(A) To inform an appropriate Federal agency in
writing, unless such product supervisor has actual
knowledge that such an agency has been so informed.
``(B) To warn affected employees in writing, unless
such product supervisor has actual knowledge that such
employees have been so warned.
``(C) To inform persons other than affected
employees at risk if they can reasonably be identified.
shall be fined under this title or imprisoned not more than 5 years, or
both.
``(b) Retaliation.--Whoever knowingly discriminates against any
person in the terms or conditions of employment or in retention in
employment or in hiring because of such person's having informed a
Federal agency or warned employees of a serious danger associated with
a product or business practice shall be fined under this title or
imprisoned not more than one year, or both.
``(c) Nonpayment by Business Entities.--If a fine is imposed on an
individual under this section, such fine shall not be paid, directly or
indirectly, out of the assets of any business entity on behalf of that
individual.
``Sec. 572. Relationship to existing law
``(a) Rights To Intervene.--Nothing in this chapter shall be
construed to limit the right of any individual or group of individuals
to initiate, intervene in, or otherwise participate in any proceeding
before a regulatory agency or court, nor to relieve any regulatory
agency, court, or other public body of any obligation, or affect its
discretion to permit intervention or participation by an individual or
group or class of consumers, employees or citizens in any proceeding or
activity.
``(b) State Law.--Nothing in this chapter preempts any State law or
otherwise affects any State authority to adopt or enforce any State
law.
``Sec. 573. Construction
``This chapter shall be construed in such a manner as best to
represent and protect the interests of the public.
``Sec. 574. Definitions for chapter
``In this chapter--
``(1) the term `product supervisor'--
``(A) means--
``(i) an officer or director of a
corporation or an association;
``(ii) a partner of a partnership; or
``(iii) any employee or other agent of a
corporation, association, or partnership having
duties such that the conduct of such employee
or agent may fairly be assumed to represent the
policy of the corporation, association, or
partnership; and
``(B) includes persons having management
responsibility for--
``(i) submissions to a Federal agency
regarding the development or approval of any
product;
``(ii) production, quality assurance, or
quality control of any product; or
``(iii) research and development of any
product;
``(2) the term `product' means a product or service of a
business entity that enters or will enter interstate commerce;
``(3) the term `business entity' means any corporation,
company, association, firm, partnership, or other business
entity or a sole proprietor;
``(4) the term `business practice' means a method or
practice of manufacturing, assembling, designing, researching,
importing or distributing a product that enters or will enter
interstate commerce, conducting, providing or preparing to
provide a service that enters or will enter interstate
commerce, or otherwise carrying out business operations related
to products or services that enter or will enter interstate
commerce;
``(5) the term `serious danger', used with respect to a
product or business practice, means a danger, not readily
apparent to the average person, that the normal or reasonably
foreseeable use of, or the exposure of a human being to, that
product or business practice may cause death or serious bodily
injury to a human being;
``(6) the term `serious bodily injury' means an impairment
of physical condition, including as result of trauma,
repetitive motion or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or
impairment of the function of any bodily
member, organ, bodily system, or mental
faculty;
``(7) the term `appropriate Federal agency' means any
agency with jurisdiction over the product or business practice;
and
``(8) the term `warn affected employees', used with respect
to a serious danger, means take reasonable steps to give
sufficient description of the serious danger to all individuals
working for or in the business entity who are likely to be
subject to the serious danger in the course of that work to
make those individuals aware of that danger.''.
(b) Clerical Amendment.--The table of chapters for title 18, United
States Code, is amended by inserting, after the item relating to
chapter 27 the following:
``28. Dangerous products.................................... 571''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act take effect 180 days after the date
of enactment of this Act. | Dangerous Products Warning Act - Amends the federal criminal code to impose a fine and/or prison term of up to 5 years on any business entity or product supervisor with respect to a product or business practice who knows of a serious danger associated with such product or business practice and knowingly fails within 15 days after discovering such danger to inform an appropriate federal agency in writing, warn affected employees in writing, and inform other affected individuals. Imposes a fine and/or prison term of up to 1 year on any individual who intentionally discriminates against an employee who informs a federal agency or warns employees of a serious danger associated with a product or business practice. | {"src": "billsum_train", "title": "To amend title 18, United States Code, to provide for the protection of the general public, and for other purposes."} | 1,394 | 145 | 0.595095 | 1.617127 | 0.716671 | 3.304 | 10.528 | 0.856 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restoring Statutory Rights and
Interests of the States Act of 2016''.
SEC. 2. FINDINGS AND INTENT.
(a) Findings.--Congress finds the following:
(1) Chapter 1 of title 9, United States Code (commonly
known as the ``Federal Arbitration Act''), represented an
exercise of legislative power that required courts to recognize
private voluntary agreements to arbitrate commercial disputes
at a time when the courts were refusing to do so on grounds
that arbitration represented a usurpation of the authority of
the courts to resolve legal disputes.
(2) The Federal Arbitration Act did not, and should not
have been interpreted to, supplant or nullify the legislatively
created rights and remedies which Congress, exercising its
power under article I of the Constitution of the United States,
has granted to the people of the United States for resolving
disputes in State and Federal courts.
(3) Recent court decisions, including AT&T Mobility v.
Concepcion, 563 U.S. 333 (2011) and American Express Co. v.
Italian Colors Restaurant, 133 S.Ct. 2304 (June 20, 2013), have
interpreted the Federal Arbitration Act to broadly preempt
rights and remedies established under substantive State and
Federal law. As a result, these decisions have enabled business
entities to avoid or nullify legal duties created by
congressional enactment, resulting in millions of people in the
United States being unable to vindicate their rights in State
and Federal courts.
(4) States have a compelling interest in enacting rights
and remedies to protect the welfare of their citizens, and the
Federal Arbitration Act should not be, and should not have
been, interpreted to preempt State legislation that enacted
rights and remedies to protect the welfare of their citizens.
(b) Intent of Congress.--In enacting this Act, it is the intent of
Congress--
(1) to restate and reinstitute the primacy of congressional
and State legislative bodies as the creators of the rights and
remedies available to all the people of the United States;
(2) to clarify that congressionally established rights and
remedies may not be waived prior to the institution of a
dispute by the party intended to be protected by such statute;
and
(3) to reinstate and reaffirm existing rights and remedies
of the people of the United States enacted since the enactment
of the Federal Arbitration Act regarding access to the courts
that have, or may have been, abrogated or diminished.
SEC. 3. ARBITRATION OF FEDERAL STATUTORY CAUSES OF ACTION.
(a) Adjudication of Federal Statutory Rights of Action.--Section 2
of title 9, United States Code, is amended--
(1) by striking ``A written'' and inserting ``(a) In
General.--Except as provided in subsection (b), a written'';
and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) shall not apply to a written
provision that requires arbitration of a claim for damages or
injunctive relief brought by an individual or small business concern
(as defined in section 3 of the Small Business Act (15 U.S.C. 632)), in
either an individual or representative capacity, arising from the
alleged violation of a Federal or State statute, the Constitution of
the United States, or a constitution of a State, unless the written
agreement to arbitrate is entered into by both parties after the claim
has arisen and pertains solely to an existing claim.
``(c) Interaction With State Law.--For purposes of subsection (a),
the phrase `grounds as exist at law or in equity for the revocation of
a contract' shall include a Federal or State statute, or the finding of
a Federal or State court, that prohibits the agreement to arbitrate on
grounds that the agreement is unconscionable, invalid because there was
no meeting of the minds, or otherwise unenforceable as a matter of
contract law or public policy.
``(d) Validity and Enforceability.--A determination as to whether
this chapter applies to an agreement to arbitrate shall be made by a
court, rather than an arbitrator, irrespective of whether the party
resisting arbitration challenges the agreement to arbitrate
specifically or in conjunction with other terms of the contract
containing such agreement.''.
SEC. 4. VACATING AN AWARD MADE IN VIOLATION OF SECTION 2 OF TITLE 9,
UNITED STATES CODE.
Section 10(a) of title 9, United States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) where the arbitration took place in violation of
section 2.''.
SEC. 5. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after such date of enactment. | Restoring Statutory Rights and Interests of the States Act of 2016 This bill amends the Federal Arbitration Act to invalidate arbitration agreements between parties in certain commercial contracts or transactions if they require arbitration of a claim for damages or injunctive relief brought by an individual or small business arising from the alleged violation of a federal or state statute, the U.S. Constitution, or a state constitution, unless the written agreement to arbitrate is entered into by both parties after the claim has arisen and pertains solely to an existing claim. The grounds upon which a contract with an arbitration agreement is revocable shall include federal or state statutes or court findings that prohibit an agreement to arbitrate if the agreement is unconscionable, invalid because there was no meeting of the minds, or otherwise unenforceable as a matter of contract law or public policy. A court, rather than an arbitrator, shall determine whether an arbitration agreement is enforceable. | {"src": "billsum_train", "title": "Restoring Statutory Rights and Interests of the States Act of 2016"} | 1,165 | 207 | 0.498679 | 1.662379 | 0.800956 | 5.958333 | 6.190476 | 0.89881 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Better Pharmaceuticals for Children
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) children are the future of the Nation and the
preservation and improvement of child health is in the national
interest;
(2) the preservation and improvement of child health may
require the use of pharmaceutical products;
(3) children may metabolize drugs differently from adults
and may require smaller doses or different forms of
administration of the drugs;
(4) the testing of drugs for safety and pharmacokinetics is
necessary to ensure that the drugs are safe and effective for
use by children;
(5) it is estimated that 4 out of 5 drugs on the market in
the United States have not been approved for use by children;
(6) many other drugs are not manufactured in a form that
permits young children to use such drugs and consequently
untested and unapproved forms are often employed;
(7) many of these drugs are nonetheless widely used by
children or hold promise for use by children, despite the lack
of approval, dosage, labeling, or formulation;
(8) this Act is intended to encourage manufacturers to
perform such research, to develop information about the safe
and appropriate use of such drugs, and to label and formulate
such drugs for use by children;
(9) the National Institutes of Health, acting through the
Pediatric Pharmacology Research Unit (PPRU) Network, has
initiated research on appropriate pediatric indications for
drugs that have not been approved for use by children;
(10) the PPRU Network has performed such research with both
public funding and private contracts with industry;
(11) the Better Pharmaceuticals for Children Act, if
enacted, will provide a range of private contractual
opportunities for the PPRU Network to work with industry on
research involving drugs that are protected by some form of
patent or exclusivity and that are candidates for protection
under this Act;
(12) there will, nonetheless, remain a number of drugs that
are in widespread use and that have not been approved for use
by children, but that are not protected by some form of patent
or exclusivity, and thus are not candidates for protection
under this Act;
(13) if this Act is enacted, the PPRU Network will continue
to be well suited to continue to use public funds and such
private funds as may be available to conduct research on such
drugs for pediatric use; and
(14) if this Act is enacted, the safety and effectiveness
of the use of pharmaceuticals by children will be improved and
the health of the children of this Nation health will benefit.
SEC. 3. PEDIATRIC STUDIES MARKETING EXCLUSIVITY.
Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
351 et seq.) is amended by inserting after section 505 the following
new section:
``SEC. 505A. PEDIATRIC STUDIES OF DRUGS.
``(a) Market Exclusivity for New Drugs.--If, prior to approval of
an application that is submitted under section 505(b)(1) the Secretary
determines that information relating to the use of a drug in the
pediatric population may produce health benefits in that population,
the Secretary makes a written request for pediatric studies (which may
include a time frame for completing such studies), and such studies are
completed within any such time frame and the reports thereof submitted
in accordance with subsection (d)(2) or completed within any such time
frame and the reports thereof are accepted in accordance with
subsection (d)(3)--
``(1)(A) the period during which an application may not be
submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of
section 505 shall be five years and six months rather than five
years, and the references in subsections (c)(3)(D)(ii) and
(j)(4)(D)(ii) of section 505 to four years, to forty-eight
months, and to seven and one-half years shall be deemed to be
four and one-half years, fifty-four months, and eight years,
respectively; or
``(B) the period of market exclusivity under subsections
(c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of
section 505 shall be three years and six months rather than
three years; and
``(2)(A) if the drug is the subject of--
``(i) a listed patent for which a certification has
been submitted under section 505 (b)(2)(A)(ii) or
section (j)(2)(A)(vii)(II) and for which pediatric
studies were submitted prior to the expiration of the
patent (including any patent extensions), or
``(ii) a listed patent for which a certification
has been submitted under section 505(b)(2)(A)(iii) or
section 505(j)(2)(A)(vii)(III),
the period during which an application may not be approved
under section 505(c)(3) or section 505(j)(4)(B) shall be
extended by a period of six months after the date the patent
expires (including any patent extensions); or
``(B) if the drug is the subject of a listed patent for
which a certification has been submitted under section
505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), and in the
patent infringement litigation resulting from the certification
the court determines that the patent is valid and would be
infringed, the period during which an application may not be
approved under section 505(c)(3) or section 505(j)(4)(B) shall
be extended by a period of six months after the date the patent
expires (including any patent extensions).
``(b) Secretary To Develop List of Drugs for Which Additional
Pediatric Information May Be Beneficial.--Not later than 180 days after
the date of enactment of this section, the Secretary, after
consultation with experts in pediatric research (such as the American
Academy of Pediatrics, the Pediatric Pharmacology Research Unit
Network, and the United States Pharmacopoeia) shall develop, prioritize
and publish an initial list of approved drugs for which additional
pediatric information may produce health benefits in the pediatric
population. The Secretary shall annually update the list.
``(c) Market Exclusivity for Already-Marketed Drugs.--If the
Secretary makes a written request for pediatric studies (which may
include a time frame for completing such studies) concerning a drug
identified in the list described in subsection (b) to the holder of an
approved application under section 505(b)(1) for the drug, the holder
agrees to the request, and the studies are completed within any such
time frame and the reports thereof submitted in accordance with
subsection (d)(2) or completed within any such time frame and the
reports thereof accepted in accordance with subsection (d)(3)--
``(1)(A) the period during which an application may not be
submitted under subsections (c)(3)(D)(ii) and (j)(4)(D)(ii) of
section 505 shall be five years and six months rather than five
years, and the references in subsections (c)(3)(D)(ii) and
(j)(4)(D)(ii) of section 505 to four years, to forty-eight
months, and to seven and one-half years shall be deemed to be
four and one-half years, fifty-four months, and eight years,
respectively; or
``(B) the period of market exclusivity under subsections
(c)(3)(D) (iii) and (iv) and (j)(4)(D) (iii) and (iv) of
section 505 shall be three years and six months rather than
three years; and
``(2)(A) if the drug is the subject of--
``(i) a listed patent for which a certification has
been submitted under section 505(b)(2)(A)(ii) or
(j)(2)(A)(vii)(II) and for which pediatric studies were
submitted prior to the expiration of the patent
(including any patent extensions), or
``(ii) a listed patent for which a certification
has been submitted under section 505(b)(2)(A)(iii) or
section 505(j)(2)(A)(vii)(III),
the period during which an application may not be approved
under section 505(c)(3) or section 505(j)(4)(B) shall be
extended by a period of six months after the date the patent
expires (including any patent extensions); or
``(B) if the drug is the subject of a listed patent for
which a certification has been submitted under section
505(b)(2)(A)(iv) or section 505(j)(2)(A)(vii)(IV), and in the
patent infringement litigation resulting from the certification
the court determines that the patent is valid and would be
infringed, the period during which an application may not be
approved under section 505(c)(3) or section 505(j)(4)(B) shall be
extended by a period of six months after the date the patent expires
(including any patent extensions).
``(d) Conduct of Pediatric Studies.--
``(1) Agreement for studies.--The Secretary may, pursuant
to a written request for studies, after consultation with--
``(A) the sponsor of an application for an
investigational new drug under section 505(i),
``(B) the sponsor of an application for a drug
under section 505(b)(1), or
``(C) the holder of an approved application for a
drug under section 505(b)(1),
agree with the sponsor or holder for the conduct of pediatric
studies for such drug.
``(2) Written protocols to meet the studies requirement.--
If the sponsor or holder and the Secretary agree upon written
protocols for the studies, the studies requirement of
subsection (a) or (c) is satisfied upon the completion of the
studies and submission of the reports thereof in accordance
with the original written request and the written agreement
referred to in paragraph (1). Not later than 60 days after the
submission of the report of the studies, the Secretary shall
determine if such studies were or were not conducted in
accordance with the original written request and the written
agreement and reported in accordance with the requirements of
the Secretary for filing and so notify the sponsor or holder.
``(3) Other methods to meet the studies requirement.--If
the sponsor or holder and the Secretary have not agreed in
writing on the protocols for the studies, the studies
requirement of subsection (a) or (c) is satisfied when such
studies have been completed and the reports accepted by the
Secretary. Not later than 90 days after the submission of the
reports of the studies, the Secretary shall accept or reject
such reports and so notify the sponsor or holder. The
Secretary's only responsibility in accepting or rejecting the
reports shall be to determine, within the 90 days, whether the
studies fairly respond to the written request, whether such
studies have been conducted in accordance with commonly
accepted scientific principles and protocols, and whether such
studies have been reported in accordance with the requirements
of the Secretary for filing.
``(e) Delay of Effective Date for Certain Applications; Period of
Market Exclusivity.--If the Secretary determines that the acceptance or
approval of an application under section 505(b)(2) or 505(j) for a drug
may occur after submission of reports of pediatric studies under this
section, which were submitted prior to the expiration of the patent
(including any patent extension) or market exclusivity protection, but
before the Secretary has determined whether the requirements of
subsection (d) have been satisfied, the Secretary shall delay the
acceptance or approval under section 505(b)(2) or 505(j), respectively,
until the determination under subsection (d) is made, but such delay
shall not exceed 90 days. In the event that requirements of this
section are satisfied, the applicable period of market exclusivity
referred to in subsection (a) or (c) shall be deemed to have been
running during the period of delay.
``(f) Notice of Determinations on Studies Requirement.--The
Secretary shall publish a notice of any determination that the
requirements of subsection (d) have been met and that submissions and
approvals under section 505(b)(2) or (j) for a drug will be subject to
the provisions of this section.
``(g) Definitions.--As used in this section, the term `pediatric
studies' or `studies' means at least one clinical investigation (that,
at the Secretary's discretion, may include pharmacokinetic studies) in
pediatric age-groups in which a drug is anticipated to be used.
``(h) Limitation.--The holder of an approved application for a new
drug that has already received six months of market exclusivity under
subsection (a) or subsection (c) may, if otherwise eligible, obtain six
months of market exclusivity under subsection (c)(1)(B) for a
supplemental application, except that the holder is not eligible for
exclusivity under subsection (c)(2).''
``(i) Sunset.--No period of market exclusivity shall be granted
under this section based on studies commenced after January 1, 2004.
The Secretary shall conduct a study and report to Congress not later
than January 1, 2003 based on the experience under the program. The
study and report shall examine all relevant issues, including--
``(1) the effectiveness of the program in improving
information about important pediatric uses for approved drugs;
``(2) the adequacy of the incentive provided under this
section;
``(3) the economic impact of the program; and
``(4) any suggestions for modification that the Secretary
deems appropriate.''. | Better Pharmaceuticals for Children Act - Amends the Federal Food, Drug, and Cosmetic Act to allow for additional deferred effective dates for the approval of certain new drug applications to allow for additional pediatric information developed by further studies. Mandates development, publication, and annual updating of a list of approved drugs for which additional pediatric information may produce health benefits in the pediatric population. | {"src": "billsum_train", "title": "Better Pharmaceuticals for Children Act"} | 3,071 | 79 | 0.471794 | 1.226437 | 1.025113 | 3.971429 | 38.514286 | 0.828571 |
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