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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Our Homeless Veterans Act of
2011''.
SEC. 2. COLLABORATION IN PROVISION OF CASE MANAGEMENT SERVICES TO
VETERANS IN SUPPORTED HOUSING PROGRAM.
(a) Collaboration Authorized.--
(1) In general.--Subchapter V of chapter 20 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2045. Collaboration in provision of case management services to
veterans in supported housing program
``(a) In General.--The Secretary may enter into agreements with
eligible entities to collaborate in the provision of case management
services as part of the supported housing program carried out under
section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(19)) to expand and improve the provision of supported housing
services and related outreach to veterans, including veterans who live
in rural areas or underserved veterans who live in metropolitan areas
or on Indian lands.
``(b) Eligible Entities.--For purposes of this section, an eligible
entity is any entity that--
``(1) is--
``(A) a State or local government agency;
``(B) a tribal organization (as such term is
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)); or
``(C) a nonprofit organization;
``(2) has the capacity (as determined by the Secretary) to
collaborate in the provision of case management services as
described in subsection (a); and
``(3) agrees--
``(A) to ensure access to case management services
to veterans described in subsection (a) on an as-needed
basis;
``(B) to maintain referral networks for homeless
veterans for purposes of assisting such veterans in
demonstrating eligibility for assistance and additional
services under entitlement and assistance programs
available for such veterans, and to otherwise aid such
veterans in obtaining such assistance and services;
``(C) to ensure the confidentiality of records
maintained by the entity on veterans receiving services
through the supported housing program described in
subsection (a);
``(D) to establish such procedures for fiscal
control and fund accounting as the Secretary considers
appropriate to ensure proper disbursement and
accounting of funds under the agreement entered into by
the entity under this section;
``(E) to submit to the Secretary each year, in such
form and such manner as the Secretary may require, a
report on the collaboration undertaken by the entity
under this section, including a description of--
``(i) the services and assistance provided
to veterans as part of such collaboration; and
``(ii) the specific goals set by the entity
for the provision of such services and
assistance and whether the entity achieved such
goals; and
``(F) to meet such other requirements as the
Secretary considers appropriate for purposes of this
section.
``(c) Selection of Eligible Entities.--(1) Not later than one year
after the date of the enactment of this section, the Secretary shall
establish a process for the receipt and consideration of proposals
submitted under paragraph (2), including the appropriate form, manner,
and time for submittal of such proposals.
``(2) An eligible entity seeking to enter into an agreement under
this section shall submit to the Secretary a proposal therefor in
accordance with the process established by the Secretary pursuant to
paragraph (1).
``(3) Each proposal submitted under paragraph (2) shall set forth a
description of the collaboration proposed to be undertaken by the
entity concerned, including the following:
``(A) A description of the region in which the entity
proposes to collaborate in the provision of case management
services described in subsection (a), including a description
of resources and services already available to veterans
described in such subsection in such region and a description
of any gaps in such resources and services available to
veterans in such region.
``(B) A description of the veterans described in subsection
(a) in the region described in subparagraph (A) and the needs
of such veterans for supported housing services.
``(C) A description of the capacity of the entity to
provide services to veterans described in subparagraph (B) to
meet their needs for the services described in such
subparagraph.
``(D) Plans, specifications, and a schedule for the
provision of case management services under subsection (a).
``(d) Case Management Services.--For purposes of this section, case
management services include the following:
``(1) Personal health and development assistance, including
such assistance relating to the following:
``(A) Health care and referrals for health care.
``(B) Mental health.
``(C) Substance abuse.
``(D) Counseling.
``(E) Family support.
``(F) Benefits and employment counseling.
``(G) Job training and placement.
``(H) Education on personal finance.
``(I) Hygiene facilities.
``(J) Meals.
``(K) Transportation.
``(2) Housing assistance for veterans, including:
``(A) Assistance locating affordable housing,
assistance with scheduling appointments to view
available housing, accompanying veterans when viewing
available housing, assistance with negotiating leases,
and assistance with reviewing tenant leases.
``(B) Rental and rent subsidies.
``(C) Assistance in working with public housing
agencies.
``(D) Assistance in understanding lease terms and
landlord and tenant laws.
``(E) Assistance in understanding fair housing
laws.
``(F) Assistance in the resolution or prevention of
mortgage delinquency, including assistance with matters
relating to default, foreclosure, loss mitigation,
budgeting, and credit.
``(G) Assistance with home maintenance and
financial management.
``(H) Such other assistance in connection with
locating housing and maintaining housing stability as
the Secretary considers appropriate.
``(3) Such other case management services, outreach, and
other services as the Secretary considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 20 of such title is amended by inserting
after the item relating to section 2044 the following new item:
``2045. Collaboration in provision of case management services to
veterans in supported housing program.''.
(b) Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a report on the collaboration of the
Secretary in the provision of case management services under
section 2045 of title 38, United States Code (as added by
subsection (a)).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) The number of eligible entities with whom the
Secretary has entered into an agreement under section
2045 of title 38, United States Code (as so added).
(B) A description of the geographic regions in
which such eligible entities provide services under
such section.
(C) The number of veterans who received case
management services from eligible entities under such
section, disaggregated by--
(i) underserved veterans in metropolitan
areas;
(ii) underserved veterans who live on
Indian lands; and
(iii) veterans in rural areas.
(D) An assessment of the feasibility and
advisability of entering into agreements with eligible
entities under such section.
(E) Such recommendations for legislative or
administrative action as the Secretary considers
appropriate for the improvement of the authorities on
collaboration in the provision of case management
services under such section.
SEC. 3. DISTRIBUTION OF RENTAL VOUCHERS TO VETERANS IN RURAL AREAS AND
UNDERSERVED VETERANS IN METROPOLITAN AREAS.
(a) In General.--Subchapter V of chapter 20 of title 38, United
States Code, as amended by section 2(a)(1), is further amended by
adding at the end the following new section:
``Sec. 2046. Distribution of rental vouchers to veterans in rural areas
and underserved veterans in metropolitan areas
``(a) In General.--The Secretary shall, in consultation with the
Secretary of Housing and Urban Development, ensure that the
distribution of vouchers to veterans under the supported housing
program carried out under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) meets the needs of veterans in
rural areas and underserved veterans in metropolitan areas or on Indian
lands in each region of the United States by using--
``(1) statistical data and analysis;
``(2) recommendations from any recipients of grants under
the Continuum of Care Program set forth under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.); or
``(3) such other means as Secretary considers appropriate.
``(b) Agreements With Nonprofit and State and Local Government
Agencies.--The Secretary shall consider how agreements under section
2045(a) of this title can be used to ensure the distribution of
vouchers as described in subsection (a) of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by inserting after the item
relating to section 2045, as added by section 2(a)(2), the following
new item:
``2046. Distribution of rental vouchers to veterans in rural areas and
underserved veterans in metropolitan
areas.''. | Helping Our Homeless Veterans Act of 2011 - Authorizes the Secretary of Veterans Affairs (VA) to enter into agreements with state or local government agencies, tribal organizations, and nonprofit organizations to collaborate in the provision of case management services to expand and improve the provision of supported housing services and related outreach to veterans, including veterans in rural areas or underserved veterans who live in metropolitan areas or on Indian lands. Outlines support services to be provided, including the maintenance of referral networks for homeless veterans. Requires each entity chosen to report annually to the Secretary on collaborative services undertaken.
Includes within case management services personal health and development assistance and housing assistance for veterans. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into agreements with States and nonprofit organizations to collaborate in the provision of case management services associated with certain supported housing programs for veterans, and for other purposes."} | 2,108 | 139 | 0.668181 | 1.715271 | 0.717725 | 4.563492 | 15.968254 | 0.912698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Summer and Year-Round Jobs for Youth
Stimulus Act of 2009''.
SEC. 2. SUMMER AND YEAR-ROUND YOUTH JOBS.
(a) Findings.--Congress finds that--
(1) a $1,000,000,000 investment in summer and year-round
employment for youth, through the program supported under this
section, can create up to 1,000,000 jobs for economically
disadvantaged youth and stimulate local economies;
(2) there is a serious and growing need for employment
opportunities for economically disadvantaged youth (including
young adults), as demonstrated by statistics from the Bureau of
Labor Statistics stating that, in December 2008--
(A) the unemployment rate increased to 7.2 percent,
as compared to 4.9 percent in December 2007;
(B) the unemployment rate for 16- to 19-year-olds
rose to 20.8 percent, as compared to 16.9 percent in
December 2007; and
(C) the unemployment rate for African-American 16-
to 19-year-olds increased to 33.7 percent, as compared
to 28 percent in December 2007;
(3) research from Northwestern University has shown that
every $1 a youth earns has an accelerator effect of $3 on the
local economy;
(4) summer and year-round jobs for youth help supplement
the income of families living in poverty;
(5) summer and year-round jobs for youth provide valuable
work experience for economically disadvantaged youth;
(6) often, a summer job provided under the Workforce
Investment Act of 1998 is an economically disadvantaged youth's
introduction to the world of work;
(7) according to the Center for Labor Market Studies at
Northeastern University, early work experience is a very
powerful predictor of success and earnings in the labor market,
and early work experience raises earnings over a lifetime by 10
to 20 percent;
(8) participation in a youth jobs program can contribute to
a reduction in criminal and high-risk behavior for youth; and
(9)(A) youth jobs programs benefit both youth and
communities when designed around principles that promote
mutually beneficial programs;
(B) youth benefit from jobs that provide them with work
readiness skills and that help them make the connection between
responsibility on the job and success in adulthood; and
(C) communities benefit when youth are engaged
productively, providing much-needed services that meet real
community needs.
(b) Definition.--In this section, the term ``green-collar
industries'' means industries throughout the economy of the United
States--
(1) that promote energy efficiency, energy conservation,
and environmental protection, including promoting renewable
energy and clean technology;
(2) that offer jobs with substantial pay and benefits; and
(3) that are industries in which there is likely to be
continued demand for workers.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Labor for youth activities under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),
$1,000,000,000, which shall be available for the period of January 1,
2009 through December 31, 2010, under the conditions described in
subsection (d).
(d) Conditions.--
(1) Use of funds.--The funds appropriated under subsection
(c) shall be used for youth jobs and training programs, to
provide opportunities referred to in subparagraphs (C), (D),
(E), and (F) of section 129(c)(2) of such Act (29 U.S.C.
2854(c)(2)) and, as appropriate, opportunities referred to in
subparagraphs (A) and (G) of such section, except that no such
funds shall be spent on unpaid work experiences.
(2) Limitation.--Such funds shall be distributed in
accordance with sections 127 and 128 of such Act (29 U.S.C.
2852, 2853), except that no portion of such funds shall be
reserved to carry out 128(a) or 169 of such Act (29 U.S.C.
2853(a), 2914).
(3) Priority.--In using funds made available under this
section, a local area (as defined in section 101 of such Act
(29 U.S.C. 2801)) shall give priority to providing--
(A) work experiences in public and nonprofit sector
green-collar industries;
(B) work experiences in other viable industries,
including health care; and
(C) job referral services for youth to work
experiences in green-collar industries in the private
sector or work experiences in other viable industries
in the private sector, for which the employer involved
agrees to pay the wages and benefits, consistent with
Federal and State child labor laws.
(4) Measure of effectiveness.--The effectiveness of the
activities carried out with such funds shall be measured, under
section 136 of such Act (29 U.S.C. 2871), only with performance
measures based on the core indicators of performance described
in section 136(b)(2)(A)(ii)(I) of such Act (29 U.S.C.
2871(b)(2)(A)(ii)(I)), applied to all youth served through the
activities.
(e) Age-Related.--As used in this Act, and in the provisions
referred to in subsections (c) and (d) for purposes of this Act--
(1) a reference to a youth refers to an individual who is
not younger than age 14 and not older than age 24, and meets
any other requirements for that type of youth; and
(2) a reference to a youth activity refers to an activity
covered in subsection (d)(1) that is carried out for a youth
described in paragraph (1). | Summer and Year-Round Jobs for Youth Stimulus Act of 2009 - Authorizes appropriations to the Secretary of Labor for summer and year-round youth jobs and training programs for individuals aged 14 to 24 under the Workforce Investment Act of 1998 which are directly linked to academic and occupational learning for calendar 2009-2010. Prohibits the use of such funds for unpaid jobs, statewide workforce investment activities, or the award of certain youth opportunity grants.
Requires local areas receiving such funds to give priority to providing: (1) work experiences in public and nonprofit sector green-collar jobs and in other viable industries such as health care; and (2) job referral services for youth to work jobs in green-collar industries.
Defines "green-collar industries" as those industries that offer jobs for compensation that promote energy efficiency, energy conservation (including renewable energy and clean technology), and environmental protection. | {"src": "billsum_train", "title": "A bill to provide funding for summer and year-round youth jobs and training programs."} | 1,229 | 196 | 0.553407 | 1.790933 | 0.872892 | 3.224138 | 6.54023 | 0.856322 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Office of Rural Education Policy
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Secretary of Education has recognized that
``[r]ural schools have unique challenges and benefits'', but a
recent report by the Rural School and Community Trust refers to
the ``paucity of rural education research in the United
States''.
(2) Rural education is becoming an increasingly large and
important part of the United States public school system.
According to the Digest of Education Statistics reported
annually by the National Center for Education Statistics, the
number of students attending rural schools increased by more
than 11 percent, from 10,500,000 to nearly 11,700,000, between
the 2004-2005 and 2008-2009 school years. The share of the
Nation's public school enrollment attending rural schools
increased from 21.6 percent to 23.8 percent. In school year
2008-2009, these students attended 31,635 rural schools, nearly
one-third of all schools in the United States.
(3) Despite the overall growth of rural education, rural
students represent a demographic minority in all but 3 States,
according to the National Center for Education Statistics.
(4) Rural education is becoming increasingly diverse.
According to the National Center for Education Statistics, the
increase in rural enrollment between the 2004-2005 and 2008-
2009 school years was disproportionally among students of
color. Enrollment of children of color in rural schools
increased by 31 percent, and the proportion of students
enrolled in rural schools who are children of color increased
from 23.0 to 26.5 percent. More than one-third of rural
students in 12 States are children of color, according to
research by the Rural School and Community Trust (Why Rural
Matters 2009).
(5) Rural education is varied and diverse across the
Nation. In school year 2007-2008, the national average rate of
student poverty in rural school districts, as measured by the
rate of participation in federally subsidized meals programs,
was 39.1 percent, but ranged from 9.7 percent in Connecticut to
71.9 percent in New Mexico, according to the National Center
for Education Statistics.
(6) Even policy measures intended to help rural schools can
have unintended consequences. In awarding competitive grants
under the Investing in Innovation Fund program under section
14007 of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5), the Secretary of Education attempted to
encourage and support rural applicants by providing additional
points for proposals to serve at least 1 rural local
educational agency. But according to research by the Rural
School and Community Trust (Taking Advantage, 2010), this
``rural preference'' mainly had the effect of inducing urban
applicants to include rural participation merely in order to
gain additional scoring points for primarily urban projects.
(7) Rural schools generally utilize distance education more
often for both students and teachers. A fall 2008 survey of
public schools by the National Center for Education Statistics
found that rural schools were 1\1/2\ times more likely to
provide students access for online distance learning than
schools in cities. A September 2004 study from the Government
Accountability Office reported that rural school districts used
distance learning for teacher training more often than non-
rural school districts.
(8) The National Center for Education Statistics reports
that base salaries of both the lowest and highest paid teachers
are lower in rural schools than any other community type.
(b) Purposes.--The purposes of this Act are--
(1) to establish an Office of Rural Education Policy in the
Department of Education; and
(2) to provide input to the Secretary of Education
regarding the impact of proposed changes in law, regulations,
policies, rules, and budgets on rural schools and communities.
SEC. 3. ESTABLISHMENT OF OFFICE OF RURAL EDUCATION POLICY.
(a) In General.--Title II of the Department of Education
Organization Act (20 U.S.C. 3411 et seq.) is amended by adding at the
end the following:
``SEC. 221. OFFICE OF RURAL EDUCATION POLICY.
``(a) In General.--There shall be, in the Office of Elementary and
Secondary Education of the Department, an Office of Rural Education
Policy (referred to in this section as the `Office').
``(b) Director; Duties.--
``(1) In general.--The Office shall be headed by a
Director, who shall advise the Secretary on the characteristics
and needs of rural schools and the effects of current policies
and proposed statutory, regulatory, administrative, and
budgetary changes on State educational agencies, and local
educational agencies, that serve schools with a locale code of
32, 33, 41, 42, or 43, as determined by the Secretary.
``(2) Additional duties of the director.--In addition to
advising the Secretary with respect to the matters described in
paragraph (1), the Director of the Office of Rural Education
Policy (referred to in this section as the `Director'), through
the Office, shall--
``(A) establish and maintain a clearinghouse for
collecting and disseminating information on--
``(i) teacher and principal recruitment and
retention at rural elementary schools and rural
secondary schools;
``(ii) access to, and implementation and
use of, technology and distance learning at
such schools;
``(iii) rigorous coursework delivery
through distance learning at such schools;
``(iv) student achievement at such schools,
including the achievement of low-income and
minority students;
``(v) innovative approaches in rural
education to increase student achievement;
``(vi) higher education and career
readiness and secondary school completion of
students enrolled in such schools;
``(vii) access to, and quality of, early
childhood development for children located in
rural areas;
``(viii) access to, or partnerships with,
community-based organizations in rural areas;
``(ix) the availability of professional
development opportunities for rural teachers
and principals;
``(x) the availability of Federal and other
grants and assistance that are specifically
geared or applicable to rural schools; and
``(xi) the financing of such schools;
``(B) identify innovative research and
demonstration projects on topics of importance to rural
elementary schools and rural secondary schools,
including gaps in such research, and recommend such
topics for study by the Institute of Education Sciences
and other research agencies;
``(C) coordinate the activities within the
Department that relate to rural education;
``(D) provide information to the Secretary and
others in the Department with respect to the activities
of other Federal departments and agencies that relate
to rural education, including activities relating to
rural housing, rural agricultural services, rural
transportation, rural economic development, rural
career and technical training, rural health care, rural
disability services, and rural mental health;
``(E) coordinate with the Bureau of Indian
Education, the Bureau of Indian Affairs, the Department
of the Interior, and the schools administered by such
agencies regarding rural education;
``(F) provide, directly or through grants,
cooperative agreements, or contracts, technical
assistance and other activities as necessary to support
activities related to improving education in rural
areas; and
``(G) produce an annual report on the condition of
rural education that is delivered to the members of the
Education and the Workforce Committee of the House of
Representatives and the Health, Education, Labor, and
Pensions Committee of the Senate and published on the
Department's Web site.
``(c) Impact Analyses of Rules and Regulations on Rural Schools.--
``(1) Proposed rulemaking.--Whenever the Secretary
publishes a general notice of proposed rulemaking for any rule
or regulation that may have a significant impact on State
educational agencies or local educational agencies serving
schools with a locale code of 32, 33, 41, 42, or 43, as
determined by the Secretary, the Secretary (acting through the
Director) shall prepare and make available for public comment
an initial regulatory impact analysis. Such analysis shall
describe the impact of the proposed rule or regulation on such
State educational agencies and local educational agencies and
shall set forth, with respect to such agencies, the matters
required under section 603 of title 5, United States Code, to
be set forth with respect to small entities. The initial
regulatory impact analysis (or a summary) shall be published in
the Federal Register at the time of the publication of general
notice of proposed rulemaking for the rule or regulation.
``(2) Final rule.--Whenever the Secretary promulgates a
final version of a rule or regulation with respect to which an
initial regulatory impact analysis is required by paragraph
(1), the Secretary (acting through the Director) shall prepare
a final regulatory impact analysis with respect to the final
version of such rule or regulation. Such analysis shall set
forth, with respect to State educational agencies and local
educational agencies serving schools with a locale code of 32,
33, 41, 42, or 43, as determined by the Secretary, the matters
required under section 604 of title 5, United States Code, to
be set forth with respect to small entities. The Secretary
shall make copies of the final regulatory impact analysis
available to the public and shall publish, in the Federal
Register at the time of publication of the final version of the
rule or regulation, a statement describing how a member of the
public may obtain a copy of such analysis.
``(3) Regulatory flexibility analysis.--If a regulatory
flexibility analysis is required by chapter 6 of title 5,
United States Code, for a rule or regulation to which this
subsection applies, such analysis shall specifically address
the impact of the rule or regulation on State educational
agencies and local educational agencies serving schools with a
locale code of 32, 33, 41, 42, or 43, as determined by the
Secretary.''.
(b) Effective Date.--Section 221(c) of the Department of Education
Organization Act, as added by subsection (a), shall apply to
regulations proposed more than 30 days after the date of enactment of
this Act. | Office of Rural Education Policy Act - Amends the Department of Education Organization Act to establish an Office of Rural Education Policy (Office) in the Department of Education's Office of Elementary and Secondary Education.
Requires the Office to be headed by a Director who advises the Secretary of Education on the characteristics and needs of rural schools, and the effects current policies and proposed statutory, regulatory, administrative, and budgetary changes have on states and local educational agencies (LEAs) that serve such schools.
Requires the Director to: (1) establish and maintain a clearinghouse for collecting and disseminating certain information on rural education; (2) identify innovative research and demonstration projects on topics of importance to rural schools; (3) coordinate rural education activities within the Department; (4) inform the Department of other federal agency activities related to rural education; (5) coordinate its activities with Indian schools and the Department of the Interior's responsibilities regarding such schools; (6) provide technical assistance and other support for rural education improvement efforts; and (7) produce an annual report, for Congress and the public, on the condition of rural education.
Requires the Director to prepare regulatory impact analyses of the Secretary's proposed and final rules that may have a significant impact on states or LEAs that serve rural schools. | {"src": "billsum_train", "title": "A bill to establish an Office of Rural Education Policy in the Department of Education."} | 2,126 | 271 | 0.470152 | 1.378326 | 0.721636 | 3.190476 | 8.436508 | 0.944444 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equitable Compensation for American
Victims of Torture Act of 2009''.
SEC. 2. JUSTICE FOR VICTIMS OF TORTURE AND TERRORISM.
(a) Findings.--The Congress finds the following:
(1) During the Gulf War against Iraq in 1991, Americans
serving in the United States Armed Forces were captured, became
Prisoners of War (POWs), and were subsequently tortured,
beaten, starved, hooked to electrical shock devices, and
subjected to other horrendous acts by Saddam Hussein's regime.
(2) CBS News reporter Bob Simon and cameraman Roberto
Alvarez were kidnapped while on assignment during the 1991 Gulf
War and were held and tortured, along with the American POWs.
(3) Following the Iraqi invasion of Kuwait in August 1990,
many United States citizens were detained by Iraq, beaten,
subjected to cruel, inhumane and degrading treatment, confined
under deplorable conditions, and used as ``human shields'' for
the avowed purpose of preventing the United States and its
coalition allies from using military force to liberate Kuwait.
(4) At the time these acts occurred, the Department of
State had classified Iraq as a state sponsor of terrorism.
(5) The brave American POWs and American civilian hostages
have suffered long-term physical, emotional, and mental damage
as a result of this brutal, state-sponsored torture and
terrorism.
(6) When the American POWs returned home after the Gulf War
ended, they were given a hero's welcome by then Secretary of
Defense Dick Cheney, who told them, ``Your country is opening
its arms to greet you''.
(7) During the 1991 Gulf War, the Congress unanimously
passed resolutions condemning the brutal treatment by the
Government of Iraq of captured United States service members,
demanding that the Government of Iraq abide by the Geneva
Convention regarding the treatment of prisoners of war, and
stating an intention to hold Iraq accountable for the torture
of American POWs.
(8) In 1996, Congress passed an amendment to the Foreign
Sovereign Immunities Act (FSIA) provisions of title 28, United
States Code, so that torture victims like the American POWs and
the American ``human shield'' victims from the Gulf War could
seek compensation for their injuries from terrorist countries,
including Iraq.
(9) On April 4, 2002, 17 Gulf War POWs and their families
filed claims in the United States District Court for the
District of Columbia seeking compensation for damages related
to their torture and abuse by the Government of Iraq. The POWs
included Colonel Clifford Acree, USMC (Ret.); Lieutenant
Colonel Craig Berryman, USMC (Ret.); Former Staff Sergeant Troy
Dunlap, U.S. Army; Colonel David Eberly, USAF (Ret.);
Lieutenant Colonel Jeffrey D. Fox, USAF (Ret.); Chief Warrant
Officer 5 Guy Hunter, USMC (Ret.); Sergeant David Lockett, U.S.
Army; Colonel H. Michael Roberts, USAF; Colonel Russell
Sanborn, USMC; Captain Lawrence Randolph Slade, USN (Ret.);
Major Joseph Small, USMC (Ret.); Staff Sergeant Daniel
Stamaris, U.S. Army (Ret.); Lieutenant Colonel Richard Dale
Storr, Air National Guard; Lieutenant Colonel Robert Sweet,
USAF; Lieutenant Colonel Jeffrey Tice, USAF (Ret.); Former
Lieutenant Robert Wetzel, USN; and Former Commander Jeffrey
Zaun, USN.
(10) In 2003, after the Government of Iraq repeatedly
refused to participate in arbitration on the damage claims, and
after hearing evidence of how the former POWs had been
repeatedly tortured, a judge awarded them a judgment for
damages, stating that ``deterring torture of POWs should be of
the highest priority''.
(11) Despite this ruling, the POWs and their families have
not received payment, and are unable to further pursue their
claims in United States courts because of the waiver that was
granted for Iraq by the President under authority established
in the National Defense Authorization Act for Fiscal Year 2008.
(12) In December 2001, after conducting an evidentiary
hearing, the United States district court held, in Hill v.
Republic of Iraq, that Iraq was liable for having taken United
States citizens hostage following the Iraqi invasion of Kuwait
and subsequently awarded 180 of those former hostages and their
spouses a judgment for damages.
(13) On March 20, 2003, on the eve of Operation Iraqi
Freedom, the President of the United States directed that all
of the judgments that had been awarded in Hill v. Republic of
Iraq be paid from moneys held in blocked Iraqi accounts.
(14) On that same date, the President issued an Executive
order confiscating all remaining blocked assets of Iraq and
ordering them to be deposited into the United States Treasury
to be used for Iraq reconstruction.
(15) The claims of more than 200 United States citizens
who, at the same time and in the same manner as the Hill
plaintiffs, were held hostage in territory occupied by Iraq are
currently pending in a United States district court in the case
of Vine v. Republic of Iraq.
(16) The plaintiffs in Vine v. Republic of Iraq have not
been compensated and are unable to enforce any judgment they
may obtain in United States courts because of the waiver that
was granted for Iraq by the President under authority
established in the National Defense Authorization Act for
Fiscal Year 2008.
(17) Article 131 of the Third Geneva Convention relative to
the Treatment of Prisoners of War (August 12, 1949) prohibits
the United States as a party to that treaty from absolving the
Government of Iraq of any liability incurred due to the torture
of prisoners of war, such as the American POWs referred to in
this section.
(18) The United States has a moral obligation to protect
its past, present, and future members of its Armed Forces, and
all United States citizens, from torture and hostage-taking,
and the Congress is committed to holding state sponsors of
terrorism accountable for such horrendous acts.
(b) Resolution of Certain Claims Against Iraq.--
(1) Adequate settlement of certain cases.--Unless the
claims in the cases referred to in paragraph (2) have been
adequately settled before the end of the 30-day period
beginning on the date of the enactment of this Act, then, upon
the expiration of that 30-day period, the waiver authority
granted to the President in section 1083(d) of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
181; 122 Stat. 343), and any waiver granted before the end of
that 30-day period under such authority, shall terminate.
(2) Cases.--The cases referred to in paragraph (1) are
cases numbered 99:00CV03346 (TPJ), 1:01CV02674 (HHK), CIV.A.
02-632 (RWR) (July 7, 2003), 1:03CV00691 (HHK), 1:03CV00888
(HHK), and No. 03-0215 (JDB), in the United States District
Court for the District of Columbia.
(3) Adequate settlement.--For purposes of paragraph (1),
adequate settlement means payment by the Government of Iraq, or
payment by a United States depository institution pursuant to
an unqualified and unconditional guarantee made by such
depository institution, of at least the following amounts to
the following persons:
(A) To any person--
(i) whose claim in the applicable case
referred to in paragraph (2) arose from an act
of hostage taking or from being held in hostage
status, and
(ii) who has not obtained a judgment on the
claim before the date of the enactment of this
Act,
$150,000, plus $6,000 for each day the person was held
as a hostage, but in no event more than $900,000.
(B) To any person--
(i) whose claim in the applicable case
referred to in paragraph (2) arose from an act
of hostage taking or from being held in hostage
status,
(ii) who, while a hostage, was subjected to
torture, and
(iii) who has not obtained a judgment on
the claim before the date of the enactment of
this Act,
$2,500,000, plus $6,000 for each day the person was
held as a hostage.
(C) To a plaintiff in the applicable case referred
to in paragraph (2) who is the spouse or was at the
time the claims arose, or child of any person who
qualifies for receipt of payment under paragraph (1) or
(2), one-third of the amount that such person qualifies
for receipt under such paragraph.
(D) To any person who, before the date of the
enactment of this Act, obtained a judgment for
compensatory damages in a case referred to in paragraph
(2) (regardless of whether such judgment was
subsequently vacated)--
(i) payment of the unsatisfied amount of
such judgment, in an amount that is the lesser
of $1,000,000 or the unsatisfied amount of the
award; and
(ii) if the amount of the judgment exceeds
$1,000,000, one-third of the unsatisfied amount
of such excess.
(4) Definitions.--In this section:
(A) Hostage.--The term ``hostage'' means an
individual in hostage status or an individual seized or
detained in the commission of an act of hostage taking.
(B) Hostage status.--The term ``hostage status''
has the meaning given that term in section 599C(d)(1)
of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1991 (Public Law
101-513).
(C) Hostage taking.--The term ``hostage taking''
has the meaning given that term in section 1605A(h)(2)
of title 28, United States Code.
(D) Person.--The term ``person'' includes the legal
representative of a claimant's estate.
(E) Torture.--The term ``torture'' has the meaning
given that term in section 3 of the Torture Victim
Protection Act of 1991 (28 U.S.C. 1350 note).
(F) United states.--The term ``United States''
means the several States, the District of Columbia, and
any commonwealth, territory, or possession of the
United States.
(G) United states depository institution.--The term
``United States depository institution'' means a
depository institution organized under the laws of any
State, the District of Columbia, or the United States,
including a branch or agency of a foreign depository
institution.
(c) Additional Provisions.--
(1) Construction of appropriations act provision.--Section
1503 of the Emergency Wartime Supplemental Appropriations Act,
2003 (Public Law 108-11; 117 Stat. 579), and any exercise of
authority by the President pursuant to such section 1503, was
never intended to and did not provide for the removal of
jurisdiction over cases brought under section 1605(a)(7) of
title 28, United States Code.
(2) Construction of ndaa provision.--Section 1083(d) of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 343), and any waiver exercised by the
President pursuant to such section 1083(d), was never intended
to and did not provide for the removal of jurisdiction over
cases brought under section 1605(a)(7) of title 28, United
States Code.
(3) Applicability of ndaa provision.--Notwithstanding any
other provision of law, section 1083(c) of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 342) shall apply, beginning on the date of the enactment
of this Act, to the cases referred to in subsection (b)(2) of
this section, notwithstanding any waiver of that provision with
respect to Iraq. | Equitable Compensation for American Victims of Torture Act of 2009 - Terminates the authority of the President to grant the government of Iraq immunity from actions by victims of terrorism seeking compensation for injuries caused by officials, employees, or agents of the government of Iraq during the 1991 Gulf War when such government was classified as a state sponsor of terrorism, unless the claims in specified cases of U.S. soldiers and civilians held in Iraq as POWs and hostages and subject to state-sponsored torture and terrorism have been adequately settled.
Defines various adequate settlement amounts, depending on the victim, length of torture or detainment, etc. | {"src": "billsum_train", "title": "To provide for the settlement of certain claims against Iraq by victims of torture and terrorism."} | 2,678 | 140 | 0.461936 | 1.547531 | 0.666093 | 2.267241 | 20.827586 | 0.836207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Construction Safety, Health, and
Education Improvement Act of 1997''.
SEC. 2. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) is amended--
(1) by striking sections 30, 31, and 34;
(2) by redesignating sections 32 through 33 as sections 34
and 35, respectively; and
(3) by inserting after section 29 the following:
``SEC. 30. OFFICE OF CONSTRUCTION SAFETY, HEALTH, AND EDUCATION.
``(a) Establishment.--There is established in the Occupational
Safety and Health Administration an Office of Construction Safety,
Health, and Education (hereinafter in this section referred to as the
`Office') to ensure safe and healthful working conditions in the
performance of construction work.
``(b) Duties.--The Secretary shall--
``(1) identify construction employers that have high
fatality rates or high lost workday injury or illness rates or
who have demonstrated a pattern of noncompliance with safety
and health standards, rules, and regulations;
``(2) develop a system for notification of employers
identified under paragraph (1);
``(3) establish training courses and curriculum for the
training of inspectors and other persons with duties related to
construction safety and health who are employed by the
Occupational Safety and Health Administration;
``(4) establish model compliance programs for construction
safety and health standards and assist employers, employees,
and organizations representing employers and employees in
establishing training programs appropriate to such standards;
and
``(5) establish a toll-free line on which reports,
complaints, and notifications required under this Act may be
made.''.
SEC. 3. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 2) is further amended by adding after
section 30 the following:
``SEC. 31. CONSTRUCTION SAFETY AND HEALTH PLANS AND PROGRAMS.
``(a) Project Constructor.--The Secretary shall, by regulation,
require each construction project to have an individual or entity
(hereinafter referred to as the `project constructor') that is
responsible for the establishment of the safety and health plan (as
described in subsection (b)) for such project and for ensuring that the
plan is carried out. Such regulations shall require that--
``(1) if only one general or prime contractor exists on a
construction project, such contractor shall be the project
constructor, unless such contractor designates another entity
with such entity's consent to be the project constructor; and
``(2) if a construction project has more than one general
or prime contractor, the construction owner shall be the
project constructor unless such construction owner designates
another entity with such entity's consent to be the project
constructor.
``(b) Construction Safety and Health Plan.--
``(1) In general.--The Secretary shall, by regulation,
require that the project constructor for a construction project
develop and implement a written construction safety and health
plan for the construction project (hereinafter in this section
referred to as the `plan') to protect employees against hazards
which may occur at such project.
``(2) Plan elements.--The plan shall--
``(A) include a hazard analysis and construction
process protocol which shall apply to each worksite of
the project;
``(B) include assurance that each construction
employer on the project has a safety and health program
which complies and is coordinated with the plan and the
requirements of subsection (c);
``(C) provide for regular inspections of the
worksite to monitor the implementation of the plan;
``(D) include a method for notifying affected
construction employers of any hazardous conditions at a
construction worksite or of noncompliance by an
employer with the project safety and health plan;
``(E) include a method for responding to the
request of any construction employer, employee, or
employee representative, for an inspection of a
construction worksite to determine if an imminent
danger exists and to stop work at, or remove affected
employees from, an area in which such a danger exists;
``(F) provide assurance that a competent person is
on site at all times to oversee the implementation of
the safety plan and coordinate activities among
employers; and
``(G) provide assurance that the plan will be
reviewed and modified as the project addresses new
safety concerns.
``(3) Availability.--Copies of the plan shall be made
available to each construction employer prior to commencement
of construction work by that employer.
``(c) Application.--
``(1) In general.--The Secretary, by regulation, may modify
the requirements of this section, or portions thereof, as such
requirements apply to certain types of construction work or
operations where the Secretary determines that, in light of the
nature of the risks faced by employees engaged in such work or
operation, such a modification would not reduce the employees'
safety and health protection. In making such modification, the
Secretary shall take into account the risk of death or serious
injury or illness, and the frequency of fatalities and the lost
work day injury rate attendant to such work or operations.
``(2) Emergency work.--If it is necessary to perform
construction work on a worksite immediately in order to prevent
injury to persons, or substantial damage to property, and such
work must be conducted before compliance with the requirements
of the regulations under subsections (a) and (b) can be made,
the Secretary shall be given notice as soon as practicable of
such work. Compliance with such requirements shall then be made
as soon as practicable thereafter.''.
SEC. 4. STATE CONSTRUCTION SAFETY AND HEALTH PLANS.
Section 18 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 667) is amended by adding at the end the following:
``(i) Any State plan that covers construction safety and health
shall contain requirements which, and the enforcement of which, are,
and will be, at least as effective, in providing safe and healthful
employment and places of employment in the construction industry as the
requirements contained in subsection (c), and the requirements imposed
by, and enforced under, this Act and section 107 of the Contract Work
Hours Standards Act (40 U.S.C. 333), including requirements relating to
construction safety and health plans.''.
SEC. 5. ENFORCEMENT.
(a) Citations.--Section 9(a) of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 658(a)) is amended by inserting ``, 8, or 31''
after ``section 5''.
(b) Project Constructors.--Section 9 of the Occupational Safety and
Health Act of 1970 (29 U.S.C. 658) is amended by adding at the end the
following:
``(e) For purposes of this section and sections 8, 10, 11, and 17 a
project constructor shall be considered an employer.''.
SEC. 6. REPORTS TO CONGRESS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 3) is further amended by adding after
section 31 the following:
``SEC. 32. REPORTS TO CONGRESS.
``The Secretary shall include in the annual report submitted to the
President under section 26 additional information on the construction
industry as such information relates to the general subjects described
in section 26, including the operation of the Office of Construction
Safety, Health, and Education.
SEC. 7. FEDERAL CONSTRUCTION CONTRACTS.
The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et
seq.) (as amended by section 6) is further amended by adding after
section 32 the following:
``SEC. 33. FEDERAL CONSTRUCTION CONTRACTS.
``Not later than 90 days after the date of the enactment of this
section, the Secretary shall deliver to the Committee on Education and
the Workforce of the House of Representatives and the Committee on
Labor and Human Resources of the Senate recommendations regarding
legislative changes required to make the safety records (including
records of compliance with Federal safety and health laws and
regulations) of persons bidding for contracts subject to section 107 of
the Contract Work Hours and Safety Standards Act (40 U.S.C. 333) a
criterion to be considered in the awarding of such contracts.''.
SEC. 8. DEFINITIONS.
Section 3 of the Occupational Safety and Health Act of 1970 (29
U.S.C. 652) is amended by adding at the end thereof the following:
``(15) For purposes of sections 30 and 31, the following
terms shall have the following meanings:
``(A) The term `construction employer' means an
employer as defined in paragraph (5) (including an
employer who has no employees) who is engaged primarily
in the building and construction industry or who
performs construction work under a contract with a
construction owner, except that a utility providing or
receiving mutual assistance in the case of a natural or
man-made disaster shall not be considered a
construction employer.
``(B) The term `construction owner' means a person
who owns, leases or has effective control over property
with or without improvements, a structure, or other
improvement on real property on which construction work
is being, or will be, performed.
``(C) The term `construction project' means all
construction work by one or more construction employers
which is performed for a construction owner and which
is described in work orders, permits, requisitions,
agreements, and other project documents.
``(D) The term `construction work' means work for
construction, alteration, demolition, or repair, or any
combination thereof, including painting and decorating,
but does not include work performed under a contract
between a construction employer and a homeowner for
work on the homeowner's own residence, or routine
maintenance and upkeep performed at least monthly, and
such term shall include work performed under a contract
between a construction employer and an agency of the
United States or any State or political subdivision of
a State.
``(E) The term `construction worksite' means a site
within a construction project where construction work
is performed by one or more construction employers.''.
SEC. 9. RELATIONSHIP TO EXISTING LAW AND REGULATIONS.
(a) In General.--Nothing contained in the amendments made by this
Act or the regulations issued to carry out the amendments shall limit
the application of, or lessen, any of the requirements of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), the
Contract Work Hours Standards Act (40 U.S.C. 327 et seq.), or the
standards or regulations issued by the Secretary of Labor to carry out
either such Act.
(b) Project Constructors.--The presence and duties of a project
constructor or a project safety coordinator on a project shall not in
any way diminish the responsibilities of construction employers under
the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)
for the safety and health of their employees. | Construction Safety, Health, and Education Improvement Act of 1997 - Amends the Occupational Safety and Health Act of 1970 (the Act) to set forth construction safety requirements.
Establishes in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education.
Directs the Secretary of Labor to: (1) identify construction employers that have high fatality rates or high lost workday injury or illness rates or who have demonstrated a pattern of noncompliance with safety and health standards, rules, and regulations; (2) develop a system for notification of such employers; (3) establish training courses and curriculum for the training of inspectors and other persons employed by OSHA who have duties related to construction safety and health; (4) establish model compliance programs for construction safety and health standards and assist employers, employees, and organizations representing employers and employees in establishing training programs appropriate to such standards; and (5) establish a toll-free line on which reports, complaints, and notifications required under the Act may be made.
Establishes requirements for construction safety and health plans and programs. Requires each construction project to have an individual or entity (project constructor) that is responsible for the establishment of the safety and health plan for such project, and for ensuring that the plan is carried out.
Requires any State plan that covers construction safety and health to contain requirements and enforcement provisions at least as effective as those under specified provisions of the Act and the Contract Work Hours Standards Act.
Directs the Secretary to: (1) include additional information on the construction industry and the operation of the Office in an annual report to the President; and (2) deliver to specified congressional committees recommendations for legislative changes required to make bidders' safety records a criterion to be considered in the awarding of Federal construction contracts. | {"src": "billsum_train", "title": "Construction Safety, Health, and Education Improvement Act of 1997"} | 2,547 | 379 | 0.721362 | 2.094545 | 0.87134 | 5.689076 | 6.540616 | 0.938375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Competition and Lower Fares
Act''.
SEC. 2. WITHDRAWAL OF SLOTS.
(a) Written Determination.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall issue a separate written
determination with respect to each high-density airport as to whether
the demand among air carriers for slots at the airport can be met with
the slots at the airport that are available to the Secretary.
(b) Initial Withdrawal of Slots.--If the Secretary determines under
subsection (a) that the demand among air carriers for slots at a high-
density airport cannot be met with the slots at the airport that are
available to the Secretary, the Secretary shall withdraw slots at that
airport from dominant air carriers at the airport for redistribution
pursuant to this Act. Such withdrawals shall be made in accordance with
section 41714 of title 49, United States Code, and other applicable
laws and regulations.
(c) Subsequent Withdrawals.--
(1) Written determination.--Not later than 2 years after
the date of the auction under section 3(a), and every 2 years
thereafter, the Secretary shall issue a written determination
as to whether the redistribution of additional slots under this
Act would significantly increase competition between air
carriers.
(2) Requirement to withdraw slots.--If the Secretary
determines under paragraph (1) that the redistribution of
additional slots would significantly increase competition, the
Secretary shall withdraw slots, in accordance with this
section, in a manner which will ensure such an increase. Such
withdrawals shall be made in accordance with section 41714 of
title 49, United States Code, and other applicable laws and
regulations.
(d) Limitation on Slot Withdrawals.--
(1) Initial auction.--The Secretary may not withdraw for
redistribution under this Act more than 10 percent of the total
number of slots held at a high-density airport by a dominant
air carrier for auction pursuant to section 3(a).
(2) Subsequent auctions.--The Secretary may not withdraw
for redistribution under this Act more than 5 percent of the
total number of slots held at a high-density airport by a
dominant air carrier for auction pursuant to section 3(b).
(3) Calculation of percentage.--In calculating under this
subsection the total number of slots held at a high-density
airport by a dominant air carrier, the Secretary shall not take
into account slots used by the carrier for direct flights
between the high-density airport and low-competition airports.
(e) Prohibition on Certain Slot Withdrawals.--The Secretary may not
withdraw for redistribution under this Act a slot of a dominant air
carrier at a high-density airport if--
(1) the Secretary determines that the slot has been used by
the carrier for direct flights between the airport and a low-
competition airport throughout at least 24 of the preceding 30
calendar months; or
(2) the slot is used for international flights.
SEC. 3. AUCTIONS.
(a) In General.--After a withdrawal of slots at a high-density
airport pursuant to section 2, the Secretary shall auction such slots
to new entrant air carriers and limited incumbent air carriers at the
airport and shall award each slot, pursuant to this section, to the
highest bidder for the slot.
(b) Limitation on Use of Slots.--The Secretary, in a manner which
to the extent practicable represents the times and characteristics of
all slots available for auction pursuant to this subsection, shall
ensure that--
(1) 40 percent of the slots redistributed under this Act at
each high-density airport other than John F. Kennedy
International Airport; and
(2) 10 percent of the slots redistributed under this Act at
John F. Kennedy International Airport,
are distributed for use for flights between the airport and low-
competition airports.
(c) Eligible Bidders.--A person may bid for or hold a slot at a
high-density airport offered at an auction conducted under this section
only if that person--
(1) is a new entrant air carrier or limited incumbent air
carrier at the airport;
(2) is a citizen of the United States, or in the case of a
partnership or corporation, organized under the laws of the
United States or a State;
(3) has appropriate safety certification from the Federal
Aviation Administration;
(4) has appropriate economic certification from the
Department of Transportation;
(5) has not declined any slot at the airport for which the
new entrant air carrier or limited incumbent air carrier was
eligible before January 1, 1986;
(6) is qualified, as determined by the Secretary, to use a
purchased slot; and
(7) is not substantially owned or otherwise controlled, as
determined by the Secretary, by a person who fails to meet any
of the requirements established by paragraphs (1) through (6).
(d) Limitation on Transfer of Slots.--A slot obtained by a new
entrant air carrier or limited incumbent air carrier at a high-density
airport through an auction conducted under this section may only be
sold, leased, traded, or transferred to any other new entrant air
carrier or limited incumbent air carrier at the airport that meets the
requirements of subsection (c).
(e) Changes in Ownership.--If there is a change in the ownership of
a new entrant air carrier or limited incumbent air carrier that obtains
a slot through an auction conducted under this section, the slot shall
revert to the Secretary; except that the Secretary may allow the new
entrant air carrier or limited incumbent air carrier to retain the slot
if the Secretary determines that such action is in the best interest of
promoting competition.
(f) Limitation on Statutory Construction.--Nothing in this section
or section 2, including the use of competitive bidding, may be
construed--
(1) to alter slots allocation criteria and procedures
established by section 41714 of title 49, United States Code,
or any other provision of law;
(2) to diminish the authority of the Secretary under any
other provision of law to regulate or withdraw slots; or
(3) to convey any rights, including any expectation of
renewal of a slot assignment, that differ from the rights that
apply to other slots at the same airport that were not issued
pursuant to this section.
(g) Revenues.--The Secretary may use funds received from auctions
held pursuant to this section to provide reimbursement to any dominant
air carrier from which a slot has been withdrawn under this Act for
investments made by the carrier in the withdrawn slot and airport
improvements at the airport where the carrier held the withdrawn slot.
Any funds remaining after providing such reimbursements shall be
credited to the general fund of the Treasury as miscellaneous receipts.
SEC. 4. SLOTS NOT ASSETS.
(a) In General.--A slot obtained under this Act or any other
provision of law shall not be considered an asset for any purpose,
including for collateral, for any agreement which would require
forfeiture of the slot, or in any bankruptcy proceeding.
(b) Applicability.--This section shall not apply to any agreement
or any renewal provision of any agreement in effect on the date of the
enactment of this Act.
SEC. 5. UNFAIR COMPETITION.
(a) Determinations Regarding Actions Filed.--
(1) Actions filed on or before december 31, 1998.--Not
later than 6 months after the date of the enactment of this
Act, the Secretary shall complete action on all complaints
alleging predatory practices by air carriers that were filed
with the Secretary on or before December 31, 1998.
(2) Actions filed after december 31, 1998, and before the
date of the enactment of this act.--Not later than 9 months
after the date of the enactment of this Act, the Secretary
shall complete action on all complaints alleging predatory
practices by air carriers that were filed with the Secretary
after December 31, 1998, but before the date of the enactment
of this Act.
(3) Actions filed on or after the date of the enactment of
this act.--The Secretary shall make an initial finding
regarding any complaint alleging a predatory practice by an air
carrier that is filed with the Secretary after the date of the
enactment of this Act, not later than 30 days after such
complaint is filed.
(b) Restraining Order.--Not later than 15 days after date of an
initial finding under subsection (a)(3), and after notice and
opportunity for a hearing, the Secretary shall enjoin, pending final
determination, any action that is found to be a predatory practice.
(c) Report to Congress.--Not later than 6 months after the date of
the enactment of this Act, and every 6 months thereafter, the Secretary
shall transmit a report to Congress describing complaints received by
the Secretary which allege predatory practices by air carriers and any
action taken by the Secretary on those complaints.
(d) Guidelines.--Not later than 6 months after the date of the
enactment of this Act, the Secretary, in consultation with the Attorney
General of the United States, shall issue guidelines defining predatory
practices and unfair competition practices under this section and under
title 49, United States Code.
SEC. 6. ACCESS TO FACILITIES.
The Secretary shall ensure that all airport facilities are
available to new entrant air carriers at fees that are comparable to
the average fees paid by incumbent air carriers.
SEC. 7. EVALUATION OF RULE.
The Secretary shall initiate a rulemaking proceeding to determine
whether the application of the 80-percent rule contained in section
93.227(a) of title 49, Code of Federal Regulations, promotes, hinders,
or has no effect on airline competition.
SEC. 8. LIMITS ON COMPETITION IN AVIATION INDUSTRY.
Not later than 1 year after the date of the enactment of this Act,
and annually thereafter, the Secretary shall transmit to Congress a
report on barriers to entry, predatory pricing, and other limits on
competition in the aviation industry.
SEC. 9. CLARIFICATION OF LEGAL STANDING.
Section 41713(b) of title 49, United States Code, is amended by
adding at the end the following new paragraph:
``(5) Protection of certain causes of action.--This subsection
shall not bar any cause of action brought against an air carrier by 1
or more private parties seeking to enforce any right under the common
law of any State or under any State statute, other than a statute
purporting to directly prescribe fares, routes, or levels of air
transportation service.''.
SEC. 10. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Air carrier.--The term ``air carrier'' has the meaning
given the term in section 40102 of title 49, United States
Code.
(2) Dominant air carrier.--The term ``dominant air
carrier'' means a person that holds 10 percent or more of the
slots at a high-density airport.
(3) High-density airport.--.The term ``high-density
airport'' means each of the following airports:
(A) LaGuardia Airport.
(B) O'Hare International Airport.
(C) John F. Kennedy International Airport.
(D) Ronald Reagan Washington National Airport.
(4) Limited incumbent air carrier.--The term ``limited
incumbent air carrier'' means a person that holds or operates
fewer than 12 slots at a high-density airport, not including
international slots, essential air service program slots, or
slots between the hours of 2200 and 0659 at Ronald Reagan
Washington National Airport or LaGuardia Airport.
(5) Low-competition airport.--The term ``low-competition
airport'' means an airport that the Secretary determines--
(A) is not a large hub; and
(B) has substantially less service than average or
substantially higher than average airfares.
(6) New entrant air carrier.--The term ``new entrant air
carrier'' means a person that does not hold a slot at a high-
density airport and has not sold or given up a slot at that
airport after December 16, 1985.
(7) Person.--The term ``person'' includes a commuter
operator or air carrier.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(9) Slot.--The term ``slot'' means the operational
authority to conduct one landing or takeoff operation each day
during a specific hour or 30 minute period at a high-density
airport. | Airline Competition and Lower Fares Act - Directs the Secretary of Transportation to determine whether the demand among air carriers for slots at a high density airport can be met with the slots available to the Secretary. Requires the Secretary, if the demand among dominant air carriers for slots at such an airport cannot be met with the slots available, to withdraw from such carriers up to ten percent of such slots at such airport for redistribution to new entrants and limited incumbents through auction on a competitive bidding basis, as long as the redistribution of the additional slots significantly increases competition between air carriers. Prohibits withdrawal of any slots used for international flights or for direct flights between a high density airport and a low-competition airport.
(Sec. 4) Prohibits slots obtained under this Act from being considered an asset (including for collateral) for any agreement which would require its forfeiture, or in any bankruptcy proceeding.
(Sec. 5) Directs the Secretary to complete action on all complaints alleging predatory practices by air carriers that were filed with the Secretary on or before December 31, 1998, and after such date, but before the enactment of this Act. Directs the Secretary, after notice and opportunity for a hearing, to enjoin any action that is found to be a predatory practice. Directs the Secretary to report biannually to the Congress about such complaints.
(Sec. 7) Directs the Secretary to initiate a rulemaking to determine whether the application of the 80-percent rule with respect to the allocation of airport slots promotes, hinders, or has no effect on airline competition.
(Sec. 8) Directs the Secretary to report annually to the Congress on barriers to entry, predatory pricing, and other limits on competition in the aviation industry.
(Sec. 9) Amends Federal aviation law prohibiting State regulation of air prices, routes, and services to declare that such law shall not bar a cause of action brought against an air carrier by one or more private parties seeking to enforce any right under the common law of any State or State statute, other than a statute purporting to directly prescribe fares, routes, or levels of air transportation service. | {"src": "billsum_train", "title": "Airline Competition and Lower Fares Act"} | 2,802 | 485 | 0.650721 | 2.022627 | 0.686882 | 4.538278 | 6.043062 | 0.930622 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payday Lending Limitation Act of
2010''.
SEC. 2. REGULATION OF COVERED LOANS.
Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended
by adding at the end the following:
``(e) Terms and Conditions for Covered Loans.--
``(1) Definitions.--As used in this subsection--
``(A) the term `covered' loan--
``(i) means a consumer credit transaction
in which the loan amount, or, in the case of a
line of credit, the credit limit, is $3,000 or
less that--
``(I) in the case of a closed-end
credit transaction, has a term of 91
days or less and an annual percentage
rate exceeding 36 percent (include all
cost elements (other than the minimum
deposit amount necessary to open a
secured card account) associated with
the extension of credit, including
fees, service charges, renewal charges,
credit insurance premiums, and any
other charge or premium with respect to
the extension of consumer credit);
``(II) in the case of an open-end
credit transaction, has an amortization
period of 91 days or less and the
annual percentage rate exceeds 36
percent (calculated as though the
transaction were a closed-end
transaction pursuant to subclause (I));
or
``(III) in the case of an open-end
credit transaction, the cost elements
associated with the extension of credit
and due in the first 91 days, including
finance charges, fees, service charges,
renewals, credit insurance premiums,
and any other charge or premium with
respect to consumer credit, exceed 25
percent of the line of credit; and
``(ii) does not include--
``(I) a credit transaction that is
secured by an interest in real estate,
a vehicle, or other goods both listed
and valued individually over $3,000;
``(II) overdraft services that are
not covered by this title; or
``(III) an extension of credit in
which a consumer sells an item of goods
to a pawn-broker creditor and retains
the right to redeem the item for a
greater sum within a specified time,
provided that the consumer has no
obligation to repay the credit, and the
creditor takes no security other than
the goods and makes no effort to
collect the credit; and
``(B) the term `extended payment plan' means an
amendment to the covered loan that is signed in person
or electronically by both the consumer and the creditor
reflecting an agreement that the consumer pay the
outstanding balance on a covered loan in not fewer than
4 equal payments, where the period between each payment
may not be less than the duration of the original
covered loan.
``(2) Limits on borrower indebtedness.--Notwithstanding any
other provision of law, no covered loan may be extended to any
individual, if such individual, considering all covered loans
by the consumer during such time period, in the aggregate, has
had--
``(A) 6 covered loans extended during the preceding
12-month period; or
``(B) covered loan obligations of 90 days or longer
during the preceding 12-month period.
``(3) Board rulemaking required.--Not later than 180 days
after the date of enactment of this subsection, the Board shall
issue final rules with respect to covered loans, which rules
shall--
``(A) require each issuer of a covered loan--
``(i) to offer extended repayment plans, if
the borrower is unable to pay under the terms
of the original loan;
``(ii) to accept equal payments over a
series of pay checks or pay periods of the
consumer;
``(iii) to obtain a surety bond, in such
amounts as the Board determines appropriate;
and
``(iv) to comply with appropriate licensing
requirements established by the Board;
``(B) create a mechanism for lenders to determine
whether a potential borrower is eligible for a covered
loan;
``(C) provide for enforcement by State attorneys
general;
``(D) prohibit the purchase or sale, at the same
location at which covered loans are offered, of other
products or services; and
``(E) prohibit the imposition of any fee or penalty
for the early repayment of the obligation, including
under any extension described in subparagraph (A)(i).
``(4) Nonenforceability of contracts.--No contract made in
violation of this Act may be enforced with respect to any
consumer.
``(5) Other fees.--The Board may impose such fees on
issuers of covered loans under this subsection as may be
necessary to pay the administrative costs of the Board in
carrying out and enforcing this subsection.
``(6) Treatment of state law.--Nothing in this subsection
may be construed as--
``(A) preempting any provision of State law, to the
extent that such State law provides greater protection
to consumers than is provided under this subsection;
``(B) preventing any State from enacting any
provision of law that provides greater protection to
consumers than is provided under this subsection;
``(C) authorizing covered loans to be made in a
State where they are otherwise not permitted under
State law; or
``(D) authorizing an extension of credit at an
annual percentage rate that would be prohibited by
applicable State law.''. | Payday Lending Limitation Act of 2010 - Amends the Truth in Lending Act to prohibit extending consumer credit of $3,000 or less, with an annual percentage rate (APR) exceeding 36% (or, in specified circumstances, 25%) and a term or amortization period of 91 days or less (covered loan), to an individual who has had in the aggregate: (1) six covered loans extended during the preceding 12-month period; or (2) covered loan obligations of 90 days or longer during the preceding 12-month period.
Requires the Board of Governors of the Federal Reserve System to issue specified implementing rules governing covered loans.
Declares unenforceable with respect to a consumer any contract made in violation of this Act.
Declares that this Act neither preempts nor prevents state law from providing greater protection to consumers than is provided under this Act. | {"src": "billsum_train", "title": "A bill to establish rules for small denomination, short-term, unsecured cash advances, such as \"payday loans\"."} | 1,208 | 186 | 0.495969 | 1.492006 | 0.777736 | 3.047904 | 6.994012 | 0.856287 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States Buffalo Nickel Act of
1995''.
SEC. 2. COIN SPECIFICATIONS.
(a) Denominations.--Notwithstanding any other provision of law,
during the 3-year period beginning on January 1, 1998, the Secretary of
the Treasury (hereafter in this Act referred to as the ``Secretary'')
shall mint and issue each year not more than 1,000,000 5-cent coins,
which shall--
(1) weigh 5 grams;
(2) have a diameter of 0.835 inches; and
(3) contain an alloy of 90 percent silver and 10 percent
copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stockpiling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be a reproduction of the original 5-cent coin
designed by James Earle Fraser and minted from 1913 to 1938,
depicting on the obverse side a profile of a Native American,
and on the reverse side a buffalo.
(2) Designations and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year; and
(C) inscriptions of the words ``United States of
America'', ``Liberty'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Committee on Banking, Housing, and Urban Affairs and the
Committee on Indian Affairs of the United States Senate, and
the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular combination of denomination and
quality of the coins minted under this Act.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning January 1, 1998.
(d) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2000.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins
(including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $1.00 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out the
provisions of this Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) Park Maintenance and Upkeep Fund.--There shall be established
among the depository accounts of the National Park Foundation
(hereafter in this Act referred to as ``the Foundation''), a charitable
and non-profit corporation established under the Act of December 18,
1967 (81 Stat. 656; 16 U.S.C. 19en), an account to be known as the
``Park Maintenance and Upkeep Fund'' (hereafter in this Act referred to
as ``the Fund''). Monies deposited in the Fund shall be expended solely
and exclusively on the maintenance, repair, and general upkeep of
facilities including, but not limited to, buildings, trails and
utilities, within units of the National Park System. Under no
circumstances will monies from the Fund be used for the construction of
new facilities.
(b) Deposits.--Surcharges received by the Secretary from the sale
of coins issued under this Act shall be paid promptly by the Secretary
to the Foundation for deposit in the Fund. Surcharges shall at no time
be considered revenues to the Treasury of the United States and shall
not be considered a basis for offset of appropriations which would
otherwise be made to the National Park Service.
(c) Allocations.--The Foundation shall allocate monies from the
Fund to units of the National Park System for the purposes enumerated
in subsection (a). Allocations shall be made in accordance with
criteria developed by the Foundation, to meet priority needs identified
by the National Park Service.
(d) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Fund as may be related to the expenditures of amounts paid
under subsection (b).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution whose deposits are
insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | United States Buffalo Nickel Act of 1995 - Requires the Secretary of the Treasury to mint and issue not more than 1 million five-cent coins each year for a three-year period beginning on January 1, 1998.
Mandates that the design of the coins be a reproduction of the original five-cent coin designed by James Earle Fraser and minted from 1913 to 1938, depicting on one side a profile of a Native American, and on the reverse side a buffalo.
Requires the Secretary to pay surcharges from the sale of such coins to the National Park Foundation for deposit in the Park Maintenance and Upkeep Fund, to be used solely and exclusively for the maintenance, repair, and general upkeep of facilities within the units of the National Park System. | {"src": "billsum_train", "title": "United States Buffalo Nickel Act of 1995"} | 1,534 | 166 | 0.535759 | 1.526326 | 0.661783 | 5.048276 | 9.351724 | 0.937931 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``21st Century Servicemembers
Protection Act''.
SEC. 2. TERMINATION OR SUSPENSION BY SERVICEMEMBERS OF CERTAIN SERVICE
CONTRACTS ENTERED INTO BEFORE PERMANENT CHANGE OF STATION
OF DEPLOYMENT ORDERS.
(a) Termination.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended--
(1) by redesignating section 308 as section 309; and
(2) by inserting after section 307 the following new
section 308:
``SEC. 308. TERMINATION OR SUSPENSION OF SERVICE CONTRACTS.
``(a) Termination by Servicemember.--A person in military service
who is party to a contract described in subsection (b) may, at the
person's option, terminate or suspend the contract at any time after--
``(1) the date of the entry of the person into military
service; or
``(2) the date of the military orders of the person
described in subsection (b)(2), as the case may be.
``(b) Covered Contracts.--This section applies to a contract for
cellular phone service, cable or satellite television service, internet
service, automobile insurance, water, electricity, oil, gas, telephone,
or other utility, if--
``(1) the contract is executed by or on behalf of a person
(or the dependent of a person) who thereafter and during the
term of the contract enters military service (or receives
orders to enter military service) under a call or order
specifying a period of not less than 90 days (or who enters
military service under a call or order specifying a period of
90 days or less and who, without a break in service, receives
orders extending the period of military service to a period of
not less than 90 days); or
``(2) the person enters into the contract while in military
service and thereafter receives military orders--
``(A) for a change of permanent station--
``(i) from a location in the continental
United States to a location outside the
continental United States; or
``(ii) from a location in a State outside
the continental United States to any location
outside that State; or
``(B) to deploy with a military unit, or as an
individual in support of a military operation, for a
period of not less than 180 days.
``(c) Manner of Termination.--
``(1) In general.--Termination of a contract under
subsection (a) is made by delivery by the person in military
service of written notice of such termination, and a copy of
the servicemember's military orders, to the other party to the
contract (or to that party's grantee or agent).
``(2) Nature of notice.--Delivery of notice under paragraph
(1) may be accomplished--
``(A) by hand delivery;
``(B) by private business carrier;
``(C) by facsimile; or
``(D) by placing the written notice in an envelope
with sufficient postage and with return receipt
requested, and addressed as designated by the party to
be notified (or that party's grantee or agent), and
depositing the written notice in the United States
mails.
``(d) Date of Contract Termination.--Termination or suspension of a
service contract under subsection (a) is effective as of the date on
which the notice under subsection (c) is delivered.
``(e) Arrearages and Other Obligations and Liabilities.--Contract
amounts unpaid for the period preceding the effective date of the
contract termination shall be paid on a prorated basis. The other party
to the contract may not impose an early termination or suspension
charge, but any tax or any other obligation or liability of the person
in military service that, in accordance with the terms of the contract,
is due and unpaid at the time of termination of the contract shall be
paid by the person in military service.
``(f) Fees Paid in Advance.--A fee or amount paid in advance for a
period after the effective date of the termination of the contract
shall be refunded to the person in military service by the other party
(or that party's grantee or agent) within 30 days of the effective date
of the termination of the contract.
``(g) Relief to Other Party.--Upon application by the other party
to the contract to a court before the termination date provided in the
written notice, relief granted by this section to a person in military
service may be modified as justice and equity require.
``(h) Penalties.--
``(1) Misdemeanor.--Any person who knowingly seizes, holds,
or detains the personal effects, funds, or other property of a
person in military service (or of a dependent of a person in
military service) who lawfully terminates a contract covered by
this section shall be fined as provided in title 18, United
States Code, imprisoned for not more than one year, or both.
``(2) Preservation.--The remedy and rights provided under
this section are in addition to and do not preclude any remedy
for wrongful conversion otherwise available under law to the
person claiming relief under this section, including any award
for consequential or punitive damages.
``(i) Equitable Relief.--
``(1) In general.--In addition to any other remedy
available under law, if a person in military service has reason
to believe that another party to a contract has violated or is
violating this section, the person in military service may--
``(A) bring an action to enjoin the violation in
any appropriate United States district court or in any
other court of competent jurisdiction; or
``(B) bring an action in any appropriate United
States district court or in any other court of
competent jurisdiction to recover--
``(i) damages for which the other party is
liable to the person in military service under
this section; and
``(ii) additional damages of not more than
$10,000 for each willful or negligent violation
of this section.
``(2) Attorney fees.--If a person in military service is
awarded damages under an action described under paragraph (1),
the person shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(j) Military Order.--For the purposes of this section, the term
`military orders', with respect to a servicemember, means official
military orders, or any notification, certification, or verification
from the servicemember's commanding officer, with respect to the
servicemember's current or future military duty status.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 308 and
inserting after the item relating to section 307 the following new
items:
``Sec. 308. Termination or suspension of service contracts.
``Sec. 309. Extension of protections to dependents.''.
SEC. 3. PENALTIES FOR VIOLATION OF INTEREST RATE LIMITATION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 207 of such Act (50 U.S.C. App. 527) is amended by adding
at the end the following new subsection:
``(e) Penalty.--Any person who knowingly violates subsection (a)
shall be fined in accordance with in title 18, United States Code,
imprisoned for not more than one year, or both.
``(f) State Action.--
``(1) Authority.--In addition to such other remedies as are
provided under State law, if the chief law enforcement officer
of a State, or an official or agency designated by a State, has
reason to believe that any person or organization has violated
or is violating this section, the chief law enforcement officer
may--
``(A) may bring an action to enjoin such violation
in any appropriate United States district court or in
any other court of competent jurisdiction; and
``(B) may bring an action on behalf of the
residents of the State to recover--
``(i) damages for which the creditor is
liable to such residents under this section as
a result of the violation; and
``(ii) damages of not more than $10,000 for
each willful or negligent violation.
``(2) Notice to attorney general; rights of federal
government.--The chief law enforcement officer of a State shall
serve upon the Attorney General or the appropriate official of
the Federal Government prior written notice of any action under
paragraph (1) and provide a copy of any complaint in such
action, except in any case in which such prior notice is not
feasible, in which case the chief law enforcement officer shall
serve such notice immediately upon instituting such action. The
Attorney General or appropriate official of the Federal
Government shall have the right to--
``(A) intervene in the action;
``(B) upon so intervening, be heard on all matters
arising therein;
``(C) remove the action to the appropriate United
States district court; and
``(D) file petitions for appeal.
``(3) Investigatory powers.--For purposes of bringing any
action under this subsection, nothing in this subsection
prevents a chief law enforcement officer of a State, or an
official or agency designated by a State, from exercising the
powers conferred on the chief law enforcement officer or such
official by the laws of such State to conduct investigations or
to administer oaths or affirmations or to compel the attendance
of witnesses or the production of documentary and other
evidence.
``(g) Rights of Servicemembers.--
``(1) Equitable relief.--
``(A) In general.--In addition to any other
remedies as are provided under Federal or State law, if
a servicemember has reason to believe that a creditor
has violated or is violating this section, the
servicemember may--
``(i) bring an action to enjoin such
violation in any appropriate United States
district court or in any other court of
competent jurisdiction; and
``(ii) bring an action to recover--
``(I) damages equal to the amount
of the interest charged in violation of
this section (plus interest) for which
the creditor is liable to the
servicemember under this section as a
result of the violation; and
``(II) damages of not more than
$10,000 for each willful or negligent
violation.
``(B) Determination of number of violations.--In
determining the number of violations by a creditor for
which a penalty shall be imposed under subsection
(f)(1)(B)(ii) or (g)(1)(B)(ii), the court shall count
as a single violation each obligation or liability of a
servicemember with respect to which--
``(i) the servicemember properly provided
to the creditor written notice and a copy of
the military orders calling the servicemember
to military service and any orders further
extending military service under subsection
(b); and
``(ii) the creditor failed to treat in
accordance with subsection (a).
``(2) Attorney fees.--If a servicemember is awarded damages
under an action described under paragraph (1), the
servicemember shall be awarded, in addition, the costs of the
action and reasonable attorney fees, as determined by the
court.
``(h) Preservation of Other Remedies.--The rights and remedies
provided under subsections (f) and (g) are in addition to and do not
preclude any other remedy available under law to a person claiming
relief under this section, including any award for consequential or
punitive damages.''. | 21st Century Servicemembers Protection Act - Amends the Servicemembers Civil Relief Act to allow individuals called to military service to terminate or suspend a service contract, after the date of entry into service or the date of the military orders, if: (1) the service contract (such as phone, cable, Internet, or utilities) is executed before the individual is called to service for a period of at least 90 days; or (2) the person enters into the contract while in military service and thereafter receives orders for a change of permanent station to a location outside the United States, or to deploy with a military unit for a period of at least 180 days.
Provides penalties against anyone who: (1) holds property or funds of a person in military service who lawfully terminates a contract; or (2) violates the 6% limit on interest rates charged to servicemembers during a period of military service. | {"src": "billsum_train", "title": "To amend the Servicemembers Civil Relief Act to allow individuals called to military service to terminate or suspend certain service contracts entered into before the individual receives notice of a permanent change of station or deployment orders and to provide penalties for violations of interest rate limitations."} | 2,644 | 195 | 0.598382 | 1.694404 | 0.909626 | 3.125 | 13.681818 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Enhanced Penalty
Act of 2014'' or as ``Candace's Law''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Approximately 1 in 4 women will experience domestic
violence during her lifetime and every year, 1 in 3 women who
is a victim of homicide is murdered by her current or former
partner.
(2) Every year, more than 3 million children witness
domestic violence in their homes and children who live in homes
where there is domestic violence also suffer abuse or neglect
at high rates.
(3) Children are more likely to intervene when they witness
severe violence against a parent, which places them at great
risk for injury or even death.
(4) Girls who witness domestic violence are more vulnerable
to abuse as teens and adults and boys who witness domestic
violence are more likely to become adult abusers of their
partners, their children, or both, thus continuing the cycle of
violence in the next generation.
(5) Most domestic violence incidents are never reported.
(6) Family members, close friends, co-workers, and other
persons close to a victim of domestic violence frequently
observe things that lead to them to suspect that their loved
one or colleague is being abused but do not feel they possess
the knowledge and skills needed to provide constructive
assistance that can make a real difference in the life of the
victim.
(7) Domestic violence costs the national economy more than
$37 billion a year in law enforcement involvement, legal work,
medical and mental health treatment, and lost productivity.
SEC. 3. INCENTIVE FOR STATES TO ENACT ENHANCED SENTENCING PROVISIONS
FOR PERSONS CONVICTED OF COMMITTING ACT OF DOMESTIC
VIOLENCE IN THE PRESENCE OF A MINOR CHILD.
(a) In General.--For each fiscal year after the expiration of the
period of implementation specified in subsection (b), a State shall
provide by law enhanced sentencing provisions for persons convicted of
committing, or attempting to commit, an act of domestic violence in the
presence of minor children.
(b) Period for Implementation by States.--
(1) Deadline.--Each State shall implement this section
before 2 years after the date of the enactment of this Act.
(2) Extensions.--The Attorney General may authorize up to
one 1-year extension of the deadline in paragraph (1).
(c) Failure of State To Comply.--
(1) In general.--For any fiscal year after the end of the
period for implementation under subsection (b), a State that
fails, as determined by the Attorney General, to substantially
implement this section shall not receive 20 percent of the
funds that would otherwise be allocated for that fiscal year to
the State under the Violence Against Women Act of 2000.
(2) State constitutionality.--
(A) In general.--When evaluating whether a State
has substantially implemented this section, the
Attorney General shall consider whether the State is
unable to substantially implement this section because
of a demonstrated inability to implement certain
provisions that would place the State in violation of
its constitution, as determined by a ruling of the
State's highest court.
(B) Efforts.--If the circumstances arise under
subparagraph (A), then the Attorney General and the
State shall make good faith efforts to accomplish
substantial implementation of this section and to
reconcile any conflicts between this section and the
State's constitution. In considering whether compliance
with the requirements of this section would likely
violate the State's constitution or an interpretation
thereof by the State's highest court, the Attorney
General shall consult with the chief executive and
chief legal officer of the State concerning the State's
interpretation of the State's constitution and rulings
thereon by the State's highest court.
(C) Alternative procedures.--If the State is unable
to substantially implement this section because of a
limitation imposed by the State's constitution, the
Attorney General may determine that the State is in
compliance with this Act if the State has implemented,
or is in the process of implementing, reasonable
alternative procedures or accommodations that are
consistent with the purposes of this Act.
(D) Funding reduction.--If a State does not comply
with subparagraph (C), then the State shall be subject
to a funding reduction as specified in paragraph (1).
(3) Reallocation.--Amounts not allocated under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to
substantially implement this section shall be reallocated under
such subpart to States that have not failed to substantially
implement this section or may be reallocated to a State from
which they were withheld to be used solely for the purpose of
implementing this section.
(d) Definition of State.--In this section the term ``State'' shall
have the meaning given such term in section 901(a) of Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a) et seq.). | Domestic Violence Enhanced Penalty Act of 2014 or Candace's Law - Directs a state to provide by law enhanced sentencing requirements for persons convicted of committing, or attempting to commit, an act of domestic violence in the presence of minor children. Prohibits a state that fails within two years to implement this Act substantially from receiving 20% of the funds that would otherwise be allocated to it for the fiscal year under the Violence Against Women Act of 2000. Allows for reasonable alternative procedures or accommodations for compliance by a state that is unable to implement this Act substantially because of a conflict with the state constitution. | {"src": "billsum_train", "title": "Candace's Law"} | 1,116 | 136 | 0.460693 | 1.293421 | 0.693875 | 4.307018 | 9.052632 | 0.921053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Building Code
Administration Grant Act of 2007''.
SEC. 2. GRANT PROGRAM AUTHORIZED.
(a) Grant Authorization.--The Secretary of Housing and Urban
Development shall provide grants to local building code enforcement
departments.
(b) Competitive Awards.--The Secretary shall award grants under
subsection (a) on a competitive basis pursuant to the criteria set
forth in section 6, but also taking into consideration the following:
(1) The financial need of each building code enforcement
department.
(2) The benefit to the local jurisdiction of having an
adequately funded building code enforcement department.
(3) The demonstrated ability of each building code
enforcement department to work cooperatively with other local
code enforcement offices, health departments, and local
prosecutorial agencies.
(c) Maximum Amount.--The maximum amount of any grant awarded under
this section shall not exceed $1,000,000.
SEC. 3. REQUIRED ELEMENTS IN GRANT PROPOSALS.
In order to be eligible for a grant under section 2, a local
building code enforcement department shall submit to the Secretary the
following:
(1) A demonstration of the jurisdiction's needs in
executing building code enforcement administration.
(2) A plan for the use of any funds received under this Act
that addresses the needs discussed in paragraph (1) and that is
consistent with the authorized uses established in section 4.
(3) A plan for local governmental actions to be taken to
establish and sustain local building code enforcement
administration functions, without continuing Federal support,
at a level at least equivalent to that proposed in the grant
application.
(4) A plan to create and maintain a program of public
outreach that includes a regularly updated and readily
accessible means of public communication, interaction, and
reporting regarding the services and work of the local building
code enforcement department to be supported by the grant.
(5) A plan for ensuring the timely and effective
administrative enforcement of building safety and fire
prevention violations.
SEC. 4. USE OF FUNDS; MATCHING FUNDS.
(a) Authorized Uses.--Grants awarded under section 2 may be used by
the grant recipient to supplement existing State or local funding for
building code enforcement administration. Such funds may be used to
increase staffing, provide staff training, increase staff competence
and professional qualifications, support individual certification or
departmental accreditation, or for capital expenditures specifically
dedicated to the administration of the local building code enforcement
department.
(b) Matching Funds Required.--
(1) In general.--To be eligible to receive a grant under
this Act, a local building code enforcement department
serving--
(A) a community that is very economically
disadvantaged, shall provide matching, non-Federal
funds in an amount equal to not less than 5 percent of
the total amount of any grant to be awarded under this
Act;
(B) a community that is moderately economically
disadvantaged, shall provide matching, non-Federal
funds in an amount equal to not less than 10 percent of
the total amount of any grant to be awarded under this
Act; or
(C) any other community, shall provide matching,
non-Federal funds in an amount equal to not less than
20 percent of the total amount of any grant to be
awarded under this Act.
(2) Economic distress.--
(A) In general.--The Secretary may waive the
matching fund requirements under paragraph (1), and
institute, by regulation, new matching fund
requirements based upon the level of economic distress
of the local jurisdiction in which the local building
code enforcement department seeking such grant is
located.
(B) Content of regulations.--Any regulations
instituted under subparagraph (A) shall include--
(i) a method that allows for a comparison
of the degree of economic distress among the
local jurisdictions of grant applicants, as
measured by the differences in the extent of
growth lag, the extent of poverty, and the
adjusted age of housing in such jurisdiction;
and
(ii) any other factor determined to be
relevant by the Secretary in assessing the
comparative degree of economic distress among
such local jurisdictions.
(c) In-Kind Contributions.--In determining the non-Federal share
required to be provided under subsection (b), the Secretary shall
consider in-kind contributions, not to exceed 50 percent of the amount
that the department contributes in non-Federal funds.
(d) Waiver of Matching Requirement.--The Secretary shall waive the
matching fund requirements under subsection (b) for any recipient
jurisdiction that has legislatively dedicated all building code
permitting fees to the conduct of local building code enforcement.
SEC. 5. RATING AND RANKING OF APPLICATIONS.
Eligible applications shall be rated and ranked according to the
criteria described in section 6. All complete applications will be
compared to one another and points assigned on a continuum within each
criterion, with the maximum points awarded to the application that best
meets the criterion.
SEC. 6. CRITERIA.
(a) Need and Community Benefit From Code Enforcement Grant Funds.--
Applications shall be rated and ranked on the degree to which the
application demonstrates the intent and means to ensure cooperative and
effective working relationships between local building code enforcement
officials and other local agencies, as well as a community-oriented
approach to building code enforcement, with the award of points as
follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
A detailed description of the capital expenditures to be acquired with 0-10
grant funds and a demonstration that the items' costs are reasonable.
The jurisdiction's need for the capital expenditure and how the grant 0-10
funds will fulfill this need.
The joint benefits provided by the proposed expenditure for the 0-5
following groups or activities: Provide a brief explanation of the
benefit. (1 point will be awarded for each response, 5 points maximum).
1. Code enforcement program.
2. Community or jurisdiction.
3. Interdisciplinary code enforcement team.
4. Housing preservation, rehabilitation programs, or neighborhood
improvement programs.
5. Special needs groups (disabled, elderly or low or very-low income,
etc.).
Does the proposed capital expenditure provide a cost savings benefit to 0-5
the jurisdiction? Provide a brief explanation of the cost savings.
----------------------------------------------------------------------------------------------------------------
(b) Current Code Enforcement and Housing Conservation Plan.--Each
application shall be rated and ranked on the degree to which the local
legislative body in which the applicant resides adopted a ``plan''
which addresses residential structure conservation and building code
enforcement, with the award of points as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The plan provides for proactive code enforcement (not just responding to 10
complaints), an interdisciplinary approach, and includes funding
options for repairs and rehabilitation.
The plan only provides for proactive code enforcement (not just 8
responding to complaints) and calls for an interdisciplinary approach
and does not address funding options for repairs and rehabilitation.
The plan provides for some type of proactive code enforcement (other 6
than just responding to complaints) but doesn't address coordinated
interdisciplinary activities with other local public agencies or
funding options.
The plan provides for only reactive code enforcement. 4
The plan only refers to a need to preserve and/or improve existing 2
housing stock, without any code enforcement program.
No existing plan. 0
----------------------------------------------------------------------------------------------------------------
(c) Community-Oriented or Interdisciplinary Code Enforcement.--Each
application shall be rated and ranked on the degree to which the
application demonstrates the intent and means to ensure cooperative and
effective working relationships between building code enforcement
officials and other local agencies, as well as a community-oriented
approach to code enforcement, with the award of points as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Identify current or proposed interdisciplinary code enforcement programs 0-10
or activities and the team members (example: code enforcement, police,
local prosecutors, health department, building and planning, fire,
etc.). Provide a description of the team's code enforcement and
coordination procedures, activities and services provided. If the
current programs or resources are limited in scope, explain how receipt
of the grant will be used to improve the program.
Identify current or proposed community-oriented code enforcement 0-10
programs, activities or services. (Examples: community clean-ups,
Neighborhood Watch programs, community meetings, door-to-door code
enforcement knock and talks, etc.). If the current programs or
resources are limited in scope, explain how receipt of the grant will
be used to improve the program.
----------------------------------------------------------------------------------------------------------------
(d) Proactive Code Enforcement Activities.--Each application shall
be rated and ranked on the effectiveness of the proposed or existing
proactive activities and programs operated by any existing building
code enforcement program, with the award of points as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
Encourages repairs and preservation, rather than demolition or 0-5
abandonment, of substandard residences.
Abatement of (a) lead hazards and lead-based paints, (b) toxic molds and 0-5
dampness, and (c) displacement or relocation of residents.
Community clean-up campaigns, which may include recycling dates, free or 0-5
reduced disposal rates at dumpsite, public clean-up days that encourage
removal of unwanted or excess debris by making available extra trash
pick-ups, dumpsites or trash or recycling containers on specific dates
to dispose of household debris, inoperable vehicles, tires, toxic
materials, etc.
Resource or referral programs for Federal, State, local, and private 0-5
funds and other resources available in your jurisdiction that can
assist with housing rehabilitation and repairs to rectify code
violations.
Public education programs on housing issues. These could include 0-5
community housing meetings dealing with homeownership, tenant/landlord
issues, housing code enforcement, school age children's programs with
coloring books or handouts, housing safety pamphlets, etc.
Programs that encourage community involvement with groups; such as 0-5
schools, church non-profits, community service groups, utility
companies, local stores, housing agency banks, etc.
----------------------------------------------------------------------------------------------------------------
(e) Capacity To Financially and Technically Support Proposed
Capital Expenditures.--Each application shall be rated and ranked on
the degree to which the application demonstrates the jurisdiction's
financial and technical capacity to properly use and successfully
support the proposed capital expenditure during the term of the grant,
with the award of points as follows:
----------------------------------------------------------------------------------------------------------------
Description Maximum Points
----------------------------------------------------------------------------------------------------------------
The anticipated ongoing program funding for the duration of the grant 0-5
program is adequate to financially support the use of the grant-
financed equipment. Include details of funding and technical support
sources for the capital expenditure (examples: insurance, paper,
maintenance, training, supplies, personnel, monthly billing costs,
etc.).
The jurisdiction has the technical capabilities to use and support 0-5
equipment (examples: adequately trained staff or resources to provide
training to operate technical equipment, local service provider for
cell phones or 2-way radios, trained personnel to operate equipment,
etc.).
----------------------------------------------------------------------------------------------------------------
SEC. 7. EVALUATION AND REPORT.
(a) In General.--Grant recipients shall--
(1) be obligated to fully account and report for the use of
all grants funds; and
(2) provide a report to the Secretary on the effectiveness
of the program undertaken by the grantee and any other criteria
requested by the Secretary for the purpose of indicating the
effectiveness of, and ideas for, refinement of the grant
program.
(b) Report.--The report required under subsection (a)(2) shall
include a discussion of--
(1) the specific capabilities and functions in local
building code enforcement administration that were addressed
using funds received under this Act;
(2) the lessons learned in carrying out the plans supported
by the grant; and
(3) the manner in which the programs supported by the grant
are to be maintained by the grantee.
(c) Content of Reports.--The Secretary shall--
(1) require each recipient of a grant under ths Act to file
interim and final reports under subsection (b) to ensure that
grant funds are being used as intended and to measure the
effectiveness and benefits of the grant program; and
(2) develop and maintain a means whereby the public can
access such reports, at no cost, via the Internet.
SEC. 8. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Building code enforcement department.--The term
``building code enforcement department'' means the building
code inspection or enforcement agency of a local jurisdiction.
(2) Jurisdiction.--The term ``jurisdiction'' means a city,
county, parish, city and county authority, or city and parish
authority having local authority to enforce building codes and
regulations and collect fees for building permits.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$100,000,000 for each of fiscal years 2008 through 2013 to the
Secretary of Housing and Urban Development to carry out the provisions
of this Act.
(b) Reservation.--From the amount made available under subsection
(a), the Secretary may reserve not more than 5 percent for
administrative costs.
(c) Availability.--Any funds appropriated pursuant to subsection
(a) shall remain available until expended. | Community Building Code Administration Grant Act of 2007 - Requires the Secretary of Housing and Urban Development to award grants, on a competitive basis and with federal matching funds, to qualified local building code enforcement departments to increase staffing, provide staff training, increase staff competence and professional qualifications, support individual certification or departmental accreditation, or for capital expenditures specifically dedicated to department administration.
Sets forth criteria for rating and ranking of grant proposals. | {"src": "billsum_train", "title": "A bill to promote and enhance the operation of local building code enforcement administration across the country by establishing a competitive Federal matching grant program."} | 3,392 | 91 | 0.651247 | 1.617085 | 1.314076 | 4.743902 | 33.963415 | 0.963415 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Pyramid Lake
Paiute Tribe - Fish Springs Ranch Settlement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Ratification of agreement.
Sec. 4. Waiver and releases of claims.
Sec. 5. Satisfaction of claims.
Sec. 6. Beneficiaries to agreement.
Sec. 7. Jurisdiction.
Sec. 8. Environmental compliance.
Sec. 9. Miscellaneous provisions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Original agreement.--The term ``Original Agreement''
means the ``Pyramid Lake Paiute Tribe Fish Springs Ranch
Settlement Agreement'' dated May 30, 2007, entered into by the
Tribe and Fish Springs (including all exhibits to that
agreement).
(2) Agreement.--The term ``Agreement'' means the Pyramid
Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the
2007 Settlement Agreement dated November 20, 2013, entered into
by the Tribe and Fish Springs, and all exhibits to that
Agreement.
(3) Environmental impact statement.--The term
``environmental impact statement'' means the final
environmental impact statement for the North Valleys Rights-of-
Way Projects prepared by the Bureau of Land Management (70 Fed.
Reg. 68473).
(4) Final payment date.--The term ``final payment date''
means 30 days after the date on which the Tribe executes the
waivers, as authorized in section 4, on or before which Fish
Springs shall pay to the Tribe the $3,600,000 and accumulated
interest pursuant to subparagraph 4.2 of the Agreement.
(5) Fish springs.--The term ``Fish Springs'' means the Fish
Springs Ranch, LLC, a Nevada limited liability company (or a
successor in interest).
(6) Fish springs water rights.--The term ``Fish Springs
water rights'' means the 14,108 acre feet of water available to
Fish Springs pursuant to certificates of water rights issued to
Fish Springs or its predecessors in interest by the State
Engineer for the State of Nevada, copies of which are attached
as Exhibit ``G'' to the Original Agreement.
(7) Additional fish springs water rights.--The term
``additional Fish Springs water rights'' means the rights to
pump and transfer up to 5,000 acre feet per year of Fish
Springs water rights in excess of 8,000 acre feet per year, up
to a total of 13,000 acre feet per year, pursuant to Ruling No.
3787 signed by the State Engineer for the State of Nevada on
March 1, 1991, and Supplemental Ruling on Remand No. 3787A
signed by the State Engineer for the State of Nevada on October
9, 1992.
(8) Honey lake valley basin.--The term ``Honey Lake Valley
Basin'' means the Honey Lake Valley Hydrographic Basin
described as Nevada Hydrographic Water Basin 97.
(9) Project.--The term ``Project'' means the project for
pumping within Honey Lake Valley Basin and transfer outside of
the basin by Fish Springs of not more than 13,000 acre feet per
year of Fish Springs water rights, including--
(A) not more than 8,000 acre feet as described in
the environmental impact statement (but not the
Intermountain Water Supply, Ltd., Project described in
the environmental impact statement) and the record of
decision;
(B) up to the 5,000 acre feet of additional Fish
Springs water rights; and
(C) the rights and approvals for Fish Springs to
pump and transfer up to said 13,000 acre feet of
groundwater per year.
(10) Record of decision.--The term ``record of decision''
means the public record of the decision of the District Manager
of the United States Bureau of Land Management's Carson City
District in the State of Nevada issued on May 31, 2006,
regarding the environmental impact statement and the Project.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior (or a designee of the Secretary).
(12) Tribe.--The term ``Tribe'' means the Pyramid Lake
Paiute Tribe of Indians organized under section 16 of the Act
of June 18, 1934 (commonly known as the ``Indian Reorganization
Act''; 25 U.S.C. 476).
(13) Truckee river operating agreement.--The term ``Truckee
River Operating Agreement'' means--
(A) the September 6, 2008, Truckee River Operating
Agreement negotiated for the purpose of carrying out
the terms of the Truckee-Carson-Pyramid Lake Water
Rights Settlement Act (Public Law 101-618); and
(B) any final, signed version of the Truckee River
Operating Agreement that becomes effective under the
terms of the Truckee-Carson-Pyramid Lake Water Rights
Settlement Act.
SEC. 3. RATIFICATION OF AGREEMENT.
(a) In General.--Except to the extent that a provision of the
Agreement conflicts with this Act, the Agreement is authorized and
ratified.
(b) Waiver and Retention of Claims.--Notwithstanding any provision
of the Agreement, any waiver or retention of a claim by the Tribe
relating to the Agreement shall be carried out in accordance with
section 4.
(c) Compliance With Applicable Law.--This section, the Original
Agreement, and the Agreement satisfy all applicable requirements of
section 2116 of the Revised Statutes (25 U.S.C. 177).
SEC. 4. WAIVER AND RELEASES OF CLAIMS.
(a) Waiver and Release of Claims by Tribe Against Fish Springs.--In
return for benefits to the Tribe as set forth in the Original
Agreement, the Agreement, and this Act, the Tribe, on behalf of itself
and the members of the Tribe, is authorized to execute a waiver and
release against Fish Springs of the following:
(1) All rights under Federal, State, and other law to
challenge the validity, characteristics, or exercise of the
Project or use of Fish Springs water rights (including
additional Fish Springs water rights), including the right to
assert a senior priority against or to place a call for water
on the Project or Fish Springs water rights (including
additional Fish Springs water rights) regardless of the extent
to which the Tribe has a water right or in the future
establishes a water right that is senior to the Project or Fish
Springs water rights (including additional Fish Springs water
rights).
(2) All claims for damages, losses, or injuries to the
Tribe's water rights or claims of interference with, diversion
of, or taking of the Tribe's water rights, including--
(A) claims for injury to lands or resources
resulting from such damages, losses, injuries, or
interference with, diversion of, or taking of tribal
water rights under the Agreement or Original Agreement;
and
(B) claims relating to the quality of water
underlying the Pyramid Lake Indian Reservation that are
related to use of Fish Springs water rights (including
additional Fish Springs water rights) by the Project or
the implementation or operation of the Project in
accordance with the Agreement or Original Agreement.
(3) All claims that would impair, prevent, or interfere
with one or more of the following:
(A) Implementation of the Project pursuant to the
terms of the Agreement or Original Agreement.
(B) Deliveries of water by the Project pursuant to
the terms of--
(i) the Agreement;
(ii) the Original Agreement; or
(iii) the February 28, 2006, Water Banking
Trust Agreement between Washoe County and Fish
Springs.
(C) Assignments of water rights credits pursuant to
the terms of the February 28, 2006, Water Banking Trust
Agreement between Washoe County and Fish Springs.
(4) All claims against Fish Springs relating in any manner
to the negotiation or adoption of the Agreement or the Original
Agreement.
(b) Reservation of Rights and Retention of Claims by Tribe Against
Fish Springs.--The Tribe, on its own behalf and on behalf of the
members of the Tribe, shall retain against Fish Springs the following:
(1) All claims for enforcement of the Agreement, the
Original Agreement or this Act through such remedies as are
available in the U.S. District Court for the District of
Nevada.
(2) Subject to the right of Fish Springs to carry out the
Project, and subject to the waiver and release by the Tribe in
subsection (a)--
(A) the right to assert and protect any right of
the Tribe to surface or groundwater and any other trust
resource, including the right to assert a senior
priority against or to place a call for water on any
water right other than against the Project or Fish
Springs water rights;
(B) all rights to establish, claim or acquire a
water right in accordance with applicable law and to
use and protect any water right acquired after the date
of the enactment of this Act that is not in conflict
with the Agreement, the Original Agreement or this Act;
and
(C) all other rights, remedies, privileges,
immunities, powers, and claims not specifically waived
and released pursuant to this Act and the Agreement.
(3) The right to enforce--
(A) the Tribe's rights against any party to the
Truckee River Operating Agreement;
(B) the Tribe's rights against any party to the
Truckee River Water Quality Settlement Agreement; and
(C) whatever rights exist to seek compliance with
any permit issued to any wastewater treatment or
reclamation facility treating wastewater generated by
users of Project water.
(4) The right to seek to have enforced the terms of any
permit or right-of-way across Federal lands issued to Fish
Springs for the Project and Project water.
(c) Waiver and Release of Claims by the Tribe Against the United
States.--In return for the benefits to the Tribe as set forth in the
Agreement, the Original Agreement, and this Act, the Tribe, on behalf
of itself and the members of the Tribe, is authorized to execute a
waiver and release of all claims against the United States, including
the agencies and employees of the United States, related to the Project
and Fish Springs water rights (including additional Fish Springs water
rights) that accrued at any time before and on the date that Fish
Springs makes the payment to the Tribe as provided in paragraph 4 of
the Agreement for damages, losses or injuries that are related to--
(1) the Project, Fish Springs water rights (including
additional Fish Springs water rights), and the implementation,
operation, or approval of the Project, including claims related
to--
(A) loss of water, water rights, land, or natural
resources due to loss of water or water rights
(including damages, losses, or injuries to hunting,
fishing, and gathering rights due to loss of water,
water rights or subordination of water rights)
resulting from the Project or Fish Springs water rights
(including additional Fish Springs water rights);
(B) interference with, diversion, or taking of
water resulting from the Project; or
(C) failure to protect, acquire, replace, or
develop water, water rights, or water infrastructure as
a result of the Project or Fish Springs water rights
(including additional Fish Springs water rights);
(2) the record of decision, the environmental impact
statement, the Agreement or the Original Agreement;
(3) claims the United States, acting as trustee for the
Tribe or otherwise, asserted, or could have asserted in any
past proceeding related to the Project;
(4) the negotiation, execution, or adoption of the
Agreement, the Original Agreement, or this Act;
(5) the Tribe's use and expenditure of funds paid to the
Tribe under the Agreement or the Original Agreement;
(6) the Tribe's acquisition and use of land under the
Original Agreement; and
(7) the extinguishment of claims, if any, and satisfaction
of the obligations of the United States on behalf of the Tribe
as set forth in subsection (e).
(d) Reservation of Rights and Retention of Claims by Tribe Against
the United States.--Notwithstanding the waivers and releases authorized
in this Act, the Tribe, on behalf of itself and the members of the
Tribe, shall retain against the United States the following:
(1) All claims for enforcement of this Act through such
legal and equitable remedies as are available in the U.S.
District Court for the District of Nevada.
(2) The right to seek to have enforced the terms of any
permit or right-of-way across Federal lands issued to Fish
Springs for the Project and Project water.
(3) Subject to the right of Fish Springs to carry out the
Project, all other rights, remedies, privileges, immunities,
powers, and claims not specifically waived and released
pursuant to this Act and the Agreement.
(e) Extinguishment of Waived and Released Claims.--Upon execution
of the waiver and releases by the Tribe pursuant to subsections (a) and
(c) and upon final payment by Fish Springs pursuant to the terms of the
Agreement, the United States acting on behalf of the Tribe shall have
no right or obligation to bring or assert any claims waived and
released by the Tribe as set forth in subsection (a). Upon the
effective date of the waivers and releases of claims authorized, the
waived and released claims as set forth in subsection (a) are
extinguished.
(f) No United States Liability for Waived Claims.--The United
States shall bear no liability for claims waived and released by the
Tribe pursuant to this Act.
(g) United States Reservation of Rights.--Nothing in this Act shall
affect any rights, remedies, privileges, immunities, or powers of the
United States, including the right to enforce the terms of the right-
of-way across Federal lands for the Project granted by the Secretary to
Fish Springs pursuant to the Federal Lands Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.), with the exception that the United
States may not assert any claim on the Tribe's behalf that is
extinguished pursuant to subsection (e).
(h) Effective Date of Waivers and Releases of Claims.--The waivers
and releases authorized under subsections (a) and (c) shall take effect
on the day Fish Springs makes the payment to the Tribe as provided in
subparagraph 4.2 of the Agreement.
SEC. 5. SATISFACTION OF CLAIMS.
(a) In General.--The benefits provided to the Tribe under the
Agreement, the Original Agreement, and this Act shall be considered to
be full satisfaction of all claims of the Tribe waived and released
pursuant to section 4 and pursuant to the Original Agreement and any
claims the United States might make on behalf of the Tribe that are
extinguished pursuant to section 4.
(b) Effect of Failure To Execute Waivers and Releases.--If the
Tribe fails to execute the waivers and releases as authorized by this
Act within 60 days after the date of the enactment of this Act, this
Act and the Agreement shall be null and void.
SEC. 6. BENEFICIARIES TO AGREEMENT.
(a) Requirement.--The beneficiaries to the Agreement shall be
limited to--
(1) the parties to the Agreement;
(2) any municipal water purveyor that provides Project
water for wholesale or retail water service to the area
serviced by the Project;
(3) any water purveyor that obtains the right to use
Project water for purposes other than serving retail or
wholesale customers; and
(4) any assignee of Water Rights Credits for Project water
pursuant to the terms of the February 28, 2006, Water Banking
Trust Agreement between Washoe County and Fish Springs.
(b) Prohibition.--Except as provided in subsection (a), nothing in
the Agreement or this Act provides to any individual or entity third-
party beneficiary status relating to the Agreement.
SEC. 7. JURISDICTION.
Jurisdiction over any civil action relating to the enforcement of
the Agreement, the Original Agreement, or this Act shall be vested in
the United States District Court for the District of Nevada.
SEC. 8. ENVIRONMENTAL COMPLIANCE.
Nothing in this Act precludes the United States or the Tribe, when
delegated regulatory authority, from enforcing Federal environmental
laws, including--
(1) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.) including
claims for damages for harm to natural resources;
(2) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
and
(5) any regulation implementing one or more of the Acts
listed in paragraphs (1) through (4).
SEC. 9. MISCELLANEOUS PROVISIONS.
(a) No Establishment of Standard.--Nothing in this Act establishes
a standard for the quantification of a Federal reserved water right or
any other claim of an Indian tribe other than the Tribe in any other
judicial or administrative proceeding.
(b) Other Claims.--Nothing in the Agreement, the Original
Agreement, or this Act quantifies or otherwise adversely affects any
water right, claim, or entitlement to water, or any other right of any
Indian tribe, band, or community other than the Tribe. | . Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act - (Sec. 3) Authorizes and ratifies the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement, dated November 20, 2013, and entered into by the Tribe and the Fish Springs Ranch (Agreement). (Sec. 4) Authorizes the Tribe, in return for the benefits set forth in the 2007 Settlement Agreement (Original Agreement), the Agreement, and this Act, to execute a waiver and release against Fish Springs of: all legal rights to challenge the validity, characteristics, or exercise of specified Fish Springs water rights or the project to pump up to 13,000 acre feet per year of such water rights from the Honey Lake Valley Basin for transfer outside of the basin (Project); all claims for damages, losses, or injuries to the Tribe's water rights or claims of interference with, diversion of, or taking of the Tribe's water rights; all claims that would impair, prevent, or interfere with implementation of the Project pursuant to the Agreement or Original Agreement, deliveries of water by the Project pursuant to those Agreements or a Water Banking Trust Agreement between Washoe County and Fish Springs, or assignments of water credits pursuant to such Trust Agreement; and all claims against Fish Springs relating to the negotiation or adoption of the Agreement or the Original Agreement. Authorizes the Tribe, in return for the benefits set forth in the Original Agreement, the Agreement, and this Act, to execute a waiver and release of all claims against the United States that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in the Agreement for damages, losses, or injuries that are related to: the Project or specified Fish Springs water rights; the Agreement, the Original Agreement, the final environmental impact statement for the North Valleys Rights-of-Way Projects, or the record of decision regarding that impact statement; claims the United States asserted or could have asserted in any past proceeding related to the Project; the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; the Tribe's use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; the Tribe's acquisition and use of land under the Original Agreement; and the extinguishment of the claims, if any, that the Tribe waives and releases pursuant to this Act. Lists the claims and rights that the Tribe retains against Fish Springs and the United States. Provides that the United States has no right or obligation to bring or assert, on behalf of the Tribe, the claims waived and released by the Tribe after Fish Springs makes the payment to the Tribe as provided in the Agreement. (Sec. 5) Makes this Act and the Agreement null and void if the Tribe fails to execute, within 60 days of this Act's enactment, the waivers and releases authorized by this Act. (Sec. 6) Limits the Agreement's beneficiaries to its parties, certain purveyors of Project water, and any assignee of Water Rights Credits for Project water pursuant to a Water Banking Trust Agreement between Washoe County and Fish Springs. (Sec. 7) Vests jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act in the United States District Court for the District of Nevada. | {"src": "billsum_train", "title": "Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act"} | 3,863 | 756 | 0.694982 | 2.535543 | 0.700946 | 5.68437 | 5.427921 | 0.962064 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Welfare Benefits
Protection Act''.
SEC. 2. MODIFICATION OF EXCEPTION FOR 10-OR-MORE EMPLOYER PLANS FROM
TREATMENT OF WELFARE BENEFIT FUNDS.
(a) In General.--Paragraph (6) of section 419A(f) of the Internal
Revenue Code of 1986 (relating to exception for 10-or-more employer
plans) is amended by adding at the end the following new subparagraphs:
``(C) Experience-rating arrangement.--For purposes
of subparagraph (A), a plan does not maintain an
experience-rating arrangement if it provides that, at
all times, all plan assets are available as a single,
undivided pool to provide benefits to the covered
employees of all individual employers participating in
the plan.
``(D) Antidiscrimination rule.--Subparagraph (A)
shall not apply to a 10 or more employer plan unless--
``(i) benefits under the plan are available
to all covered employees under the same
formula,
``(ii) the plan benefits each employee who
has attained at least the age of 21, who works
1,000 hours or more annually, and who has
completed at least 1 year of service (as
defined in section 410(a)(3)),
``(iii) all benefit formulas under the plan
provide a uniform multiple of compensation to
all participants, except that highly
compensated employees can have a lower benefit
than the uniform multiple of compensation
provided,
``(iv) upon employer termination from the
trust--
``(I) all eligible employees are
entitled to a pro rata share of the
plan's assets, and
``(II) benefit payments include
payment to all former eligible
employees terminated 24 months or less
prior to employer termination from the
trust,
``(v) for each employer group, there is at
least 1 employee participating in the plan who
is not an owner-employee for every 2 owner-
employees participating in the plan, and
``(vi) the trust maintains a ratio of plan
participants that is at least 3 employees who
are not owner-employees to each owner-employee.
For purposes of this subparagraph, the term `owner-
employee' has the meaning given to such term by section
416(i).
``(E) Distribution of benefits and plan assets.--
Subparagraph (A) shall not apply to a 10 or more
employer plan unless--
``(i) none of the assets of the plan may
revert to any employer,
``(ii) no loan may be made under the plan
to any employee, and
``(iii) upon termination of employer
participation in the trust--
``(I) for plans without severance
benefits, an employer may terminate
participation in the trust only if all
employees of the employer receive a pro
rata share of the benefits,
``(II) for plans with severance
benefits, plan assets used to fund
severance benefits can be distributed
only for severance benefits which are
limited to 200 percent of so much of
the annual compensation as does not
exceed the limitation under section
401(a)(17), and payable over not more
than 24 months, or other benefits as
provided under the plan, and
``(III) for plans with post-
retirement medical benefits, plan
assets used to fund post-retirement
medical benefits can be distributed
only for post-retirement medical
benefits.
If any plan participant, including an owner, dies prior
to using all the post-retirement medical benefits to
which he or she is entitled under the plan, the unused
amounts revert to the trust (a forfeiture). If a
participating business owner terminates participation
in the plan due to insolvency, sale, merger-acquisition
or other Treasury-approved event, plan assets
attributable to post-retirement medical benefits must
remain in the plan until/unless they are paid in the
form of medical expense reimbursement post-retirement.
``(F) Rollover.--Subparagraph (A) shall not apply
to a 10 or more employer plan unless the plan permits
plan participants to transfer benefits from such plan
to a similar multiple employer welfare benefit plan. No
amount shall be includible in the gross income of a
plan participant by reason of such a transfer.
``(G) Benefit limitations.--Subparagraph (A) shall
not apply to a 10 or more employer plan unless benefits
payable to plan participants are limited to the
following:
``(i) Death benefits.--Minimum death
benefit amounts are determined either by the
plan formula or, if greater, by the minimum
issue amounts determined by the plan's life
insurance provider.
``(ii) Severance benefits.--Maximum
severance benefits are determined in accordance
with Department of Labor regulations and may
not exceed 200 percent of so much of the annual
compensation as does not exceed the limitation
under section 401(a)(17).
``(iii) Post-retirement medical benefits.--
Benefits may not be paid prior to normal
retirement age. Normal retirement age would be
the year of eligibility for medicare, or total
and permanent disability as defined under the
Social Security Act. Assets funding post-
retirement medical benefits revert to the plan
if not paid prior to death to a participating
eligible employee. Assets used to fund post-
retirement medical benefits are payable to the
estate of a deceased eligible participating
employee to pay any uncovered medical expenses
of the deceased employee participant's estate.
``(H) Deduction limitations.--Deductions for
contributions to a 10 or more employer plan trust shall
not exceed--
``(i) for insured death benefits, of which
the plan trustee is the sole life insurance
policy owner--
``(I) in the case of term
insurance, the annual term premium,
``(II) in the case of a whole life
insurance policy, the level annual
premium to normal retirement age, or
``(III) in the case of universal
life insurance, the guideline level
annual premium (as defined in section
7702),
``(ii) for severance benefits, an amount
determined using reasonable actuarial
principles needed to fund the purchase of the
level of benefits as stated in the plan
document, but no prefunding of the benefit in
excess of the amount needed to fund the current
benefit amount would be permitted, and
``(iii) for medical, health, and disability
benefits, an amount required to pay an
insurance company premium, or in the case of a
self-funded plan, amounts needed to cover the
anticipated liability, but such contributions
would be forfeited to the welfare benefit trust
if the employer plan participant dies or
terminates prior to payment of these benefits,
or if the employer terminates participation in
the welfare benefit trust.
``(I) Forfeiture pool.--Subparagraph (A) shall not
apply to a 10 or more employer plan unless all assets
in the forfeiture pool are used in a nondiscriminatory
manner for the benefit of participating employees.''
(b) Effective Date.--The amendment made by this section shall take
effect on the date of first committee action, but benefits earned as of
that date may be funded at the level at which they exist as of such
date with deductible contributions if the plans are brought into
compliance with the rules of such amendment within 24 months after such
date of enactment. | Small Business Welfare Benefits Protection Act - Amends the Internal Revenue Code to revise the exception from the treatment of welfare benefit funds for "ten or more employer plans." | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to modify the exception from the treatment of welfare benefit funds for 10-or-more employer plans."} | 1,671 | 38 | 0.419657 | 0.929074 | 0.537642 | 2.28125 | 47.96875 | 0.84375 |
SECTION 1. AMENDMENTS TO THE MICROENTERPRISE FOR SELF-RELIANCE ACT OF
2000.
(a) Purposes.--Section 103 of the Microenterprise for Self-Reliance
Act of 2000 (Public Law 106-309) is amended--
(1) in paragraph (3), by striking ``microentrepreneurs''
and inserting ``microenterprise households'';
(2) in paragraph (4), by striking ``and'' at the end;
(3) in paragraph (5)--
(A) by striking ``microfinance policy'' and
inserting ``microenterprise policy'';
(B) by striking ``the poorest of the poor'' and
inserting ``the very poor''; and
(C) by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(6) to ensure that in the implementation of this title at
least 50 percent of all microenterprise assistance under this
title, and the amendments made under this title, shall be
targeted to the very poor.''.
(b) Definitions.--Section 104 of such Act is amended--
(1) in paragraph (2), by striking ``for
microentrepreneurs'' and inserting ``to microentrepreneurs and
their households''; and
(2) by adding at the end the following:
``(5) Very poor.--The term `very poor' means individuals--
``(A) living in the bottom 50 percent below the
poverty line established by the national government of
the country in which those individuals live; or
``(B) living on the equivalent of less than $1 per
day.''.
SEC. 2. AMENDMENTS TO THE MICRO- AND SMALL ENTERPRISE DEVELOPMENT
CREDITS PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961.
(a) Findings and Policy.--Section 108(a)(2) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151f(a)(2)) is amended by striking
``the development of the enterprises of the poor'' and inserting ``the
access to financial services and the development of microenterprises''.
(b) Program.--Section 108(b) of such Act (22 U.S.C. 2151f(b)) is
amended to read as follows:
``(b) Program.--To carry out the policy set forth in subsection
(a), the President is authorized to provide assistance to increase the
availability of financial services to microenterprise households
lacking full access to credit, including through--
``(1) loans and guarantees to microfinance institutions for
the purpose of expanding the availability of savings and credit
to poor and low-income households;
``(2) training programs for microfinance institutions in
order to enable them to better meet the financial services
needs of their clients; and
``(3) training programs for clients in order to enable them
to make better use of credit, increase their financial
literacy, and to better manage their enterprises to improve
their quality of life.''.
(c) Eligibility Criteria.--Section 108(c) of such Act (22 U.S.C.
2151f(c)) is amended--
(1) in the first sentence of the matter preceding paragraph
(1)--
(A) by striking ``credit institutions'' and
inserting ``microfinance institutions''; and
(B) by striking ``micro- and small enterprises''
and inserting ``microenterprise households''; and
(2) in paragraphs (1) and (2), by striking ``credit'' each
place it appears and inserting ``financial services''.
(d) Additional Requirement.--Section 108(d) of such Act (22 U.S.C.
2151f(d)) is amended by striking ``micro- and small enterprise
programs'' and inserting ``programs for microenterprise households''.
(e) Availability of Funds.--Section 108(f)(1) of such Act (22
U.S.C. 2151f(f)(1)) is amended by striking ``for each of fiscal years
2001 and 2002'' and inserting ``for each of fiscal years 2001 through
2004''.
(f) Conforming Amendment.--Section 108 of such Act (22 U.S.C.
2151f) is amended in the heading to read as follows:
``SEC. 108. MICROENTERPRISE DEVELOPMENT CREDITS.''.
SEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE
PROGRAM UNDER THE FOREIGN ASSISTANCE ACT OF 1961.
(a) Findings and Policy.--Section 131(a) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2152a(a)) is amended to read as follows:
``(a) Findings and Policy.--Congress finds and declares that--
``(1) access to financial services and the development of
microenterprise are vital factors in the stable growth of
developing countries and in the development of free, open, and
equitable international economic systems;
``(2) it is therefore in the best interest of the United
States to facilitate access to financial services and assist
the development of microenterprise in developing countries;
``(3) access to financial services and the development of
microenterprises can be supported by programs providing credit,
savings, training, technical assistance, business development
services, and other financial and non-financial services; and
``(4) given the relatively high percentage of populations
living in rural areas of developing countries, and the combined
high incidence of poverty in rural areas and growing income
inequality between rural and urban markets, microenterprise
programs should target both rural and urban poor.''.
(b) Authorization.--Section 131(b) of such Act (22 U.S.C. 2152a(b))
is amended--
(1) in paragraph (3)(A)(i), by striking ``entrepreneurs''
and inserting ``clients''; and
(2) in paragraph (4)(D)--
(A) in clause (i), by striking ``very small loans''
and inserting ``financial services to poor
entrepreneurs''; and
(B) in clause (ii), by striking ``microfinance''
and inserting ``microenterprise''.
(c) Monitoring System.--Section 131(c) of such Act (22 U.S.C.
2152a(c)) is amended by striking paragraph (4) and inserting the
following:
``(4) adopts the widespread use of proven and effective
poverty assessment tools to successfully identify the very poor
and ensure that they receive needed microenterprise loans,
savings, and assistance.''.
(d) Development and Application of Poverty Measurement Methods.--
Section 131 of such Act (22 U.S.C. 2152a) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Development and Certification of Poverty Measurement Methods;
Application of Methods.--
``(1) Development and certification.--(A) The Administrator
of the United States Agency for International Development, in
consultation with microenterprise institutions and other
appropriate organizations, shall develop no fewer than two low-
cost methods for partner institutions to use to assess the
poverty levels of their current or prospective clients. The
United States Agency for International Development shall
develop poverty indicators that correlate with the
circumstances of the very poor.
``(B) The Administrator shall field-test the methods
developed under subparagraph (A). As part of the testing,
institutions and programs may use the methods on a voluntary
basis to demonstrate their ability to reach the very poor.
``(C) Not later than October 1, 2004, the Administrator
shall, from among the low-cost poverty measurement methods
developed under subparagraph (A), certify no fewer than two
such methods as approved methods for measuring the poverty
levels of current or prospective clients of microenterprise
institutions for purposes of assistance under this section.
``(2) Application.--The Administrator shall require that,
with reasonable exceptions, all organizations applying for
microenterprise assistance under this Act use one of the
certified methods, beginning no later than October 1, 2005, to
determine and report the poverty levels of current or
prospective clients.''.
(e) Level of Assistance.--Section 131(e) of such Act, as
redesignated by subsection (d), is amended by inserting ``and
$175,000,000 for fiscal year 2003 and $200,000,000 for fiscal year
2004'' after ``fiscal years 2001 and 2002''.
(f) Definitions.--Section 131(f) of such Act, as redesignated by
subsection (d), is amended by adding at the end the following:
``(5) Very poor.--The term `very poor' means those
individuals--
``(A) living in the bottom 50 percent below the
poverty line established by the national government of
the country in which those individuals live; or
``(B) living on less than the equivalent of $1 per
day.''.
SEC. 4. REPORT TO CONGRESS.
(a) In General.--Not later than September 30, 2005, the
Administrator of the United States Agency for International Development
shall submit to Congress a report that documents the process of
developing and applying poverty assessment procedures with its
partners.
(b) Reports for Fiscal Year 2006 and Beyond.--Beginning with fiscal
year 2006, the Administrator of the United States Agency for
International Development shall annually submit to Congress on a timely
basis a report that addresses the United States Agency for
International Development's compliance with the Microenterprise for
Self-Reliance Act of 2000 by documenting--
(1) the percentage of its resources that were allocated to
the very poor (as defined in paragraph (5) of section 131(f) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2152a(f)(5)))
based on the data collected from its partners using the
certified methods; and
(2) the absolute number of the very poor reached. | Amends the Microenterprise for Self-Reliance Act of 2000 to make as one of its purposes that in implementation of this Act at least 50 percent of all microenterprise assistance be targeted to the very poor, that is, those persons living either in the bottom 50 percent below the poverty line or on less than the equivalent of one dollar per day.Amends the Foreign Assistance Act of 1964 to authorize the President to provide assistance to increase the availability of financial services (not just credit) to microenterprise households lacking full access to credit, including through: (1) loans and guarantees to microfinance institutions to expand the availability of savings and credit to poor and low-income households; (2) training programs to enable such institutions to better meet the financial services needs of their clients; and (3) training programs to enable clients to make better use of credit, increase their financial literacy, and to better manage their enterprises to improve their quality of life.Declares that, in order to maximize the sustainable development impact of microenterprise development grant assistance authorized under the Act, the Administrator of the agency primarily responsible for administering such assistance shall establish a monitoring system that, among other things, adopts the widespread use of proven and effective poverty assessment tools to identify the poorest of the poor and ensure that they receive needed microenterprise credits, loans, and assistance. Requires the Administrator of the Agency for International Development to develop and certify no fewer than two low-cost methods for measuring the poverty levels of the current or prospective clients of microenterprise organizations for purposes of the provision of microenterprise development grant assistance. | {"src": "billsum_train", "title": "A bill to amend the Microenterprise for Self-Reliance Act of 2000 and the Foreign Assistance Act of 1961 to increase assistance for the poorest people in developing countries under microenterprise assistance programs under those Acts, and for other purposes."} | 2,329 | 349 | 0.624102 | 1.949655 | 0.765116 | 4.394737 | 6.506579 | 0.934211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing Transparency and
Accountability in Oil Prices Act of 2008''.
SEC. 2. SENSE OF THE HOUSE ON ADDITIONAL EMERGENCY FUNDING FOR
COMMISSION.
(a) Findings.--The House of Representatives finds that--
(1) excessive speculation may be adding significantly to
the price of oil and other energy commodities;
(2) the public and Congress are concerned that overseas
exchange transactions are not being adequately reviewed by any
regulatory body;
(3) an important Federal overseer of commodity speculation,
the Commodity Futures Trading Commission, has staffing levels
that have dropped to the lowest levels in the 33-year history
of the Commission; and
(4) the acting Chairman of the Commission has said publicly
that an additional 100 employees are needed in light of the
inflow of trading volume.
(b) Sense of the House.--It is the sense of the House of
Representatives that the President should immediately send to Congress
a request for emergency appropriations for fiscal year 2008 for the
Commodity Futures Trading Commission in an amount that is sufficient--
(1) to help restore public confidence in energy commodities
markets and Federal oversight of those markets;
(2) to potentially impose limits on excessive speculation
that may be increasing the price of oil, gasoline, diesel, and
other energy commodities;
(3) to significantly improve the information technology
capabilities of the Commission to help the Commission
effectively regulate the energy futures markets; and
(4) to fund at least 100 new full-time positions at the
Commission to oversee energy commodity market speculation and
to enforce the Commodity Exchange Act (7 U.S.C. 1 et seq.).
SEC. 3. ADDITIONAL COMMISSION EMPLOYEES FOR IMPROVED ENFORCEMENT.
Section 2(a)(7) of the Commodity Exchange Act (7 U.S.C. 2(a)(7)) is
amended by adding at the end the following:
``(D) Additional employees.--As soon as practicable
after the date of enactment of this subparagraph, the
Commission shall appoint at least 100 full-time
employees (in addition to the employees employed by the
Commission as of the date of enactment of this
subparagraph)--
``(i) to increase the public transparency
of operations in energy futures markets;
``(ii) to improve the enforcement of this
Act in those markets; and
``(iii) to carry out such other duties as
are prescribed by the Commission.''.
SEC. 4. SPECULATIVE LIMITS AND TRANSPARENCY FOR OFF-SHORE OIL TRADING.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(e) Foreign Boards of Trade.--
``(1) In general.--In the case of any foreign board of
trade for which the Commission has granted or is considering an
application to grant a board of trade located outside of the
United States relief from the requirement of subsection (a) to
become a designated contract market, derivatives transaction
execution facility, or other registered entity, with respect to
an energy commodity that is physically delivered in the United
States, prior to continuing to or initially granting the
relief, the Commission shall determine that the foreign board
of trade--
``(A) applies comparable principles or requirements
regarding the daily publication of trading information
and position limits or accountability levels for
speculators as apply to a designated contract market,
derivatives transaction execution facility, or other
registered entity trading energy commodities physically
delivered in the United States; and
``(B) provides such information to the Commission
regarding the extent of speculative and nonspeculative
trading in the energy commodity that is comparable to
the information the Commission determines necessary to
publish a Commitment of Traders report for a designated
contract market, derivatives transaction execution
facility, or other registered entity trading energy
commodities physically delivered in the United States.
``(2) Existing foreign boards of trade.--During the period
beginning 1 year after the date of enactment of this subsection
and ending 18 months after the date of enactment of this
subsection, the Commission shall determine whether to continue
to grant relief in accordance with paragraph (1) to any foreign
board of trade for which the Commission granted relief prior to
the date of enactment of this subsection.''.
SEC. 5. DISAGGREGATION OF INDEX FUNDS AND OTHER DATA IN ENERGY MARKETS.
Section 4 of the Commodity Exchange Act (7 U.S.C. 6) is amended by
adding at the end the following:
``(h) Disaggregation of Index Funds and Data in Energy Markets.--
The Commission shall disaggregate and make public monthly--
``(1) the number of positions and total value of index
funds and other passive, long-only positions in energy markets;
and
``(2) data on speculative positions relative to bona fide
physical hedgers in those markets.''. | Increasing Transparency and Accountability in Oil Prices Act of 2008 - Expresses the sense of the House of Representatives that the President should immediately send to Congress a request for emergency appropriations for FY2008 for the Commodity Futures Trading Commission (CFTC) in an amount that is sufficient to: (1) help restore public confidence in energy commodities markets and federal oversight of those markets; (2) potentially impose limits on excessive speculation that may be increasing the price of oil, gasoline, diesel, and other energy commodities; (3) significantly improve the information technology capabilities of the CFTC to help it effectively regulate the energy futures markets; and (4) fund at least 100 new full-time positions at the CFTC to oversee energy commodity market speculation and to enforce the Commodity Exchange Act.
Amends the Commodity Exchange Act to provide for additional employees for improved enforcement.
Amends the Commodity Exchange Act to address the kind of case in which the CFTC grants or considers granting relief to a foreign board of trade from the requirement that it become a designated contract market, derivatives transaction execution facility, or other registered entity with respect to an energy commodity physically delivered in the United States. Requires the CFTC, before granting or considering such relief, to determine that the foreign board of trade: (1) applies comparable principles or requirements regarding the daily publication of trading information and position limits or accountability levels for speculators as apply to a designated contract market, derivatives transaction execution facility, or other registered entity trading energy commodities physically delivered in the United States; and (2) provides such information to the Commission regarding the extent of speculative and nonspeculative trading in the energy commodity that is comparable to the information the Commission determines necessary to publish a Commitment of Traders report for such a designated contract market, derivatives transaction execution facility, or other registered entity.
Requires the Commission to disaggregate and make public monthly: (1) the number of positions and total value of index funds and other passive, long-only positions in energy markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets. | {"src": "billsum_train", "title": "To provide energy price relief by authorizing greater resources and authority for the Commodity Futures Trading Commission, and for other purposes."} | 1,110 | 462 | 0.689187 | 2.183355 | 0.784448 | 6.208437 | 2.461538 | 0.947891 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Depository Institution Customers
Financial Privacy Enhancement Act of 1998''.
SEC. 2. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF DEPOSITORY
INSTITUTIONS.
(a) Banks and Savings Associations.--Section 18 of the Federal
Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end
the following new subsection:
``(t) Privacy of Financial Information.--Notwithstanding any other
provision of law, the Federal banking agencies shall each prescribe
regulations to require each insured depository institution--
``(1) to protect the confidentiality of financial
information of, and relating to, the customers of the
institution;
``(2) to inform the customers of the institution whenever--
``(A) financial information is being collected that
pertains to such customers; or
``(B) a depository institution intends (with the
approval of the customer pursuant to paragraph (3)(B))
to offer financial information pertaining to such
customer to any other person, including an affiliate or
agent of such institution; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any customer except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the customer to
whom the information pertains; or
``(C) upon request of the appropriate Federal
banking agency or as otherwise required by law.''.
(b) Credit Unions.--Section 206 of the Federal Credit Union Act (12
U.S.C. 1786) is amended by adding at the end the following new
subsection:
``(w) Privacy of Financial Information.--Notwithstanding any other
provision of law, the Board shall prescribe regulations to require each
insured credit union--
``(1) to protect the confidentiality of financial
information of, and relating to, the members of the credit
union;
``(2) to inform the members of the credit union whenever--
``(A) financial information is being collected that
pertains to such members; or
``(B) a credit union intends (with the approval of
the member pursuant to paragraph (3)(B)) to offer
financial information pertaining to such member to any
other person, including an agent or affiliate of such
credit union; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any member except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the member to whom
the information pertains; or
``(C) upon request of the Board or as otherwise
required by law.''.
SEC. 3. CONFIDENTIAL FINANCIAL INFORMATION OF CUSTOMERS OF DEPOSITORY
INSTITUTION HOLDING COMPANIES.
(a) Bank Holding Company.--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:
``(k) Privacy of Financial Information.--Notwithstanding any other
provision of law, the Board shall prescribe regulations to require any
bank holding company and any affiliate of a bank holding company (other
than a depository institution subsidiary of such company which is
subject to section 18(t) of the Federal Deposit Insurance Act)--
``(1) to protect the confidentiality of financial
information of, and relating to, the customers of the bank
holding company or affiliate;
``(2) to inform a customer of the company or affiliate
whenever--
``(A) financial information is being collected that
pertains to such customer; or
``(B) the company or affiliate intends (with the
approval of the customer pursuant to paragraph (3)(B))
to offer financial information pertaining to such
customer to any other person, including another
affiliate or an agent of such company or affiliate; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any such customer except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the customer to
whom the information pertains; or
``(C) upon request of the Board or as otherwise
required by law.''.
(b) Savings and Loan Holding Companies.--Section 10 of the Home
Owners' Loan Act (12 U.S.C. 1467a) is amended by adding at the end the
following new subsection:
``(u) Privacy of Financial Information.--Notwithstanding any other
provision of law, the Director shall prescribe regulations to require
any savings and loan holding company and any affiliate of a savings and
loan holding company (other than a depository institution subsidiary of
such company which is subject to section 18(t) of the Federal Deposit
Insurance Act)--
``(1) to protect the confidentiality of financial
information of, and relating to, the customers of the savings
and loan holding company or affiliate;
``(2) to inform a customer of the company or affiliate
whenever--
``(A) financial information is being collected that
pertains to such customer; or
``(B) the company or affiliate intends (with the
approval of the customer pursuant to paragraph (3)(B))
to offer financial information pertaining to such
customer to any other person, including another
affiliate or an agent of such company or affiliate; and
``(3) to refrain, and to take measures reasonably designed
to prevent their agents, from using, disclosing, or permitting
access to individually identifiable financial information
pertaining to any such customer except--
``(A) for the provision of the financial services
from which such information is derived, or services
necessary to, or used in, the provision of such
services;
``(B) upon the affirmative written request, or with
the affirmative written consent, of the customer to
whom the information pertains; or
``(C) upon request of the Director or as otherwise
required by law.''. | Depository Institution Customers Financial Privacy Enhancement Act of 1998 - Amends the following Acts to prescribe guidelines under which the Federal banking agencies shall prescribe regulations requiring financial institutions to protect the confidentiality of financial information relating to their customers: (1) the Federal Deposit Insurance Act; (2) the Federal Credit Union Act; (3) the Bank Holding Company Act of 1956; and (4) the Home Owners' Loan Act. | {"src": "billsum_train", "title": "Depository Institution Customers Financial Privacy Enhancement Act of 1998"} | 1,450 | 85 | 0.60985 | 1.485354 | 0.530662 | 3.060976 | 16.914634 | 0.914634 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Benefit Transfer
Interoperability and Portability Act of 2000''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to protect the integrity of the food stamp program;
(2) to ensure cost-effective portability of food stamp benefits
across State borders without imposing additional administrative
expenses for special equipment to address problems relating to the
portability;
(3) to enhance the flow of interstate commerce involving
electronic transactions involving food stamp benefits under a
uniform national standard of interoperability and portability; and
(4) to eliminate the inefficiencies resulting from a patchwork
of State-administered systems and regulations established to carry
out the food stamp program.
SEC. 3. INTEROPERABILITY AND PORTABILITY OF FOOD STAMP TRANSACTIONS.
Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) is amended
by adding at the end the following:
``(k) Interoperability and Portability of Electronic Benefit
Transfer Transactions.--
``(1) Definitions.--In this subsection:
``(A) Electronic benefit transfer card.--The term
`electronic benefit transfer card' means a card that provides
benefits under this Act through an electronic benefit transfer
service (as defined in subsection (i)(11)(A)).
``(B) Electronic benefit transfer contract.--The term
`electronic benefit transfer contract' means a contract that
provides for the issuance, use, or redemption of coupons in the
form of electronic benefit transfer cards.
``(C) Interoperability.--The term `interoperability' means
a system that enables a coupon issued in the form of an
electronic benefit transfer card to be redeemed in any State.
``(D) Interstate transaction.--The term `interstate
transaction' means a transaction that is initiated in 1 State
by the use of an electronic benefit transfer card that is
issued in another State.
``(E) Portability.--The term `portability' means a system
that enables a coupon issued in the form of an electronic
benefit transfer card to be used in any State by a household to
purchase food at a retail food store or wholesale food concern
approved under this Act.
``(F) Settling.--The term `settling' means movement, and
reporting such movement, of funds from an electronic benefit
transfer card issuer that is located in 1 State to a retail
food store, or wholesale food concern, that is located in
another State, to accomplish an interstate transaction.
``(G) Smart card.--The term `smart card' means an
intelligent benefit card described in section 17(f).
``(H) Switching.--The term `switching' means the routing of
an interstate transaction that consists of transmitting the
details of a transaction electronically recorded through the
use of an electronic benefit transfer card in 1 State to the
issuer of the card that is in another State.
``(2) Requirement.--Not later than October 1, 2002, the
Secretary shall ensure that systems that provide for the electronic
issuance, use, and redemption of coupons in the form of electronic
benefit transfer cards are interoperable, and food stamp benefits
are portable, among all States.
``(3) Cost.--The cost of achieving the interoperability and
portability required under paragraph (2) shall not be imposed on
any food stamp retail store, or any wholesale food concern,
approved to participate in the food stamp program.
``(4) Standards.--Not later than 210 days after the date of
enactment of this subsection, the Secretary shall promulgate
regulations that--
``(A) adopt a uniform national standard of interoperability
and portability required under paragraph (2) that is based on
the standard of interoperability and portability used by a
majority of State agencies; and
``(B) require that any electronic benefit transfer contract
that is entered into 30 days or more after the regulations are
promulgated, by or on behalf of a State agency, provide for the
interoperability and portability required under paragraph (2)
in accordance with the national standard.
``(5) Exemptions.--
``(A) Contracts.--The requirements of paragraph (2) shall
not apply to the transfer of benefits under an electronic
benefit transfer contract before the expiration of the term of
the contract if the contract--
``(i) is entered into before the date that is 30 days
after the regulations are promulgated under paragraph (4);
and
``(ii) expires after October 1, 2002.
``(B) Waiver.--At the request of a State agency, the
Secretary may provide 1 waiver to temporarily exempt, for a
period ending on or before the date specified under clause
(iii), the State agency from complying with the requirements of
paragraph (2), if the State agency--
``(i) establishes to the satisfaction of the Secretary
that the State agency faces unusual technological barriers
to achieving by October 1, 2002, the interoperability and
portability required under paragraph (2);
``(ii) demonstrates that the best interest of the food
stamp program would be served by granting the waiver with
respect to the electronic benefit transfer system used by
the State agency to administer the food stamp program; and
``(iii) specifies a date by which the State agency will
achieve the interoperability and portability required under
paragraph (2).
``(C) Smart card systems.--The Secretary shall allow a
State agency that is using smart cards for the delivery of food
stamp program benefits to comply with the requirements of
paragraph (2) at such time after October 1, 2002, as the
Secretary determines that a practicable technological method is
available for interoperability with electronic benefit transfer
cards.
``(6) Funding.--
``(A) In general.--In accordance with regulations
promulgated by the Secretary, the Secretary shall pay 100
percent of the costs incurred by a State agency under this Act
for switching and settling interstate transactions--
``(i) incurred after the date of enactment of this
subsection and before October 1, 2002, if the State agency
uses the standard of interoperability and portability
adopted by a majority of State agencies; and
``(ii) incurred after September 30, 2002, if the State
agency uses the uniform national standard of
interoperability and portability adopted under paragraph
(4)(A).
``(B) Limitation.--The total amount paid to State agencies
for each fiscal year under subparagraph (A) shall not exceed
$500,000.''.
SEC. 4. STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC BENEFIT
TRANSACTIONS INVOLVING FOOD STAMP BENEFITS.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture shall study and report to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate on alternatives for
handling interstate electronic benefit transactions involving food
stamp benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.), including the feasibility and desirability of a single hub
for switching (as defined in section 7(k)(1) of that Act (as added by
section 3)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Directs the Secretary of Agriculture to promulgate regulations that: (1) adopt a national standard based upon a standard used by the majority of States; and (2) require any electronic benefit transfer contract (as defined by this Act) entered into 30 days or more after promulgation of such regulations be in accordance with the national standard. Authorizes the Secretary to provide a requesting State with a temporary deadline waiver based upon unusual technological barriers. Directs the Secretary to allow a State using a smart card food stamp delivery system to continue such system until a technological method is available for electronic benefit transfer card interoperability.
Sets forth the conditions for full Federal payment of State switching costs, including annual fiscal year caps.
Directs the Secretary of Agriculture to conduct a study of alternatives for handling food stamp benefit electronic transactions, including use of a single switching hub. | {"src": "billsum_train", "title": "Electronic Benefit Transfer Interoperability and Portability Act of 2000"} | 1,670 | 186 | 0.602095 | 1.692658 | 0.568933 | 2.181818 | 9 | 0.860606 |
SECTION 1. MEDICAID COVERAGE FOR PATIENT NAVIGATOR SERVICES.
(a) State Plan Requirement.--Section 1902(a) of the Social Security
Act (42 U.S.C. 1396a(a)) is amended--
(1) in paragraph (82)(C), by striking ``and'' at the end;
(2) in paragraph (83), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (83) the following:
``(84) provide that the State shall reimburse an eligible
entity (as such term is defined in subsection (ll)(1)) for any
patient navigator service (as such term is defined in
subsection (ll)(3)) that is--
``(A) provided to an individual who is eligible for
medical assistance under the State plan; and
``(B) provided by a patient navigator (as such term
is defined in subsection (ll)(2)) through the eligible
entity.''.
(b) Patient Navigator Services Definitions.--Section 1902 of the
Social Security Act is amended by adding at the end the following:
``(ll) Patient Navigator Services Definitions.--For purposes of
subsection (a)(84):
``(1) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is an eligible entity (as such term is
defined in section 340A(l)(1) of the Public Health
Service Act); and
``(B) complies with the following requirements of
section 340A of the Public Health Service Act:
``(i) Subsection (b) (relating to patient
navigator duties and community knowledge).
``(ii) Subsection (c) (relating to
prohibitions).
``(iii) Subsection (e) (relating to
applications).
``(iv) Subsection (j)(3) (relating to
reports).
``(2) Patient navigator.--
``(A) In general.--The term `patient navigator' has
the meaning given such term in section 340A(l)(3) of
the Public Health Service Act.
``(B) Consultation.--
``(i) In general.--The Secretary shall
consult with the patient navigation advisory
committee to the extent necessary to further
clarify the definition of the term `patient
navigator' for purposes of subsection (a)(84),
including establishing requirements to ensure
adequate training for such navigators, such as
developing a training curriculum.
``(ii) Membership.--The Secretary shall
convene a patient navigation advisory committee
and the members of such committee shall
include--
``(I) representatives from relevant
Federal departments and agencies,
including the National Institutes of
Health, the Centers for Disease Control
and Prevention, the Health Resources
and Services Administration, and the
Centers for Medicare & Medicaid
Services; and
``(II) individuals and
representatives of public and private
organizations with expertise in patient
navigation.
``(3) Patient navigator services.--The term `patient
navigator service' means a service that is a duty specified
under paragraphs (1) through (6) of subsection (b) of section
340A of the Public Health Service Act and that is provided by a
patient navigator (as defined in section 340A(l)(3) of the
Public Health Service Act), through an eligible entity.''.
(c) Treatment as Medical Assistance for Purposes of FMAP.--Section
1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended--
(1) in paragraph (28), by striking ``and'' at the end;
(2) by redesignating paragraph (29) as paragraph (30); and
(3) by inserting after paragraph (28) the following:
``(29) patient navigator services (as such term is defined
in section 1902(ll)(3)) that are provided in a manner that
meets the requirements of section 1902(a)(84); and''.
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made this section shall apply to patient navigator services
provided after the first day of the first calendar year that
begins after the date of enactment of this Act.
(2) Exception for state legislation.--In the case of a
State plan under title XIX of the Social Security Act, which
the Secretary of Health and Human Services determines requires
State legislation in order for the respective plan to meet any
requirement imposed by amendments made by this Act, the
respective plan shall not be regarded as failing to comply with
the requirements of such title solely on the basis of its
failure to meet such an additional requirement 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 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 the session shall be
considered to be a separate regular session of the State
legislature. | Amends title XIX (Medicaid) of the Social Security Act to require a state Medicaid plan to provide for state reimbursement of an eligible entity for any patient navigator service provided to a Medicaid-eligible individual.
Includes within the definition of "medical assistance" certain patient navigator services defined under the Public Health Service Act (PHSA) as assisting in specified ways individuals who are at risk for or who have cancer or other chronic diseases.
Treats as eligible entities those identified under PHSA as public or nonprofit private health centers (including federally qualified health centers), health facilities operated by or pursuant to a contract with the Indian Health Service, hospitals, cancer centers, rural health clinics, academic health centers, or nonprofit entities that enter into a partnership or coordinate referrals with such a center, clinic, facility, or hospital to provide patient navigator services. | {"src": "billsum_train", "title": "To provide payment for patient navigator services under title XIX of the Social Security Act."} | 1,125 | 187 | 0.533957 | 1.459676 | 0.715536 | 1.288344 | 6.276074 | 0.662577 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continued Dumping and Subsidy Offset
Act of 1999''.
SEC. 2. FINDINGS OF CONGRESS.
Congress makes the following findings:
(1) Consistent with the rights of the United States under
the World Trade Organization, injurious dumping is to be
condemned and actionable subsidies which cause injury to
domestic industries must be effectively neutralized.
(2) United States unfair trade laws have as their purpose
the restoration of conditions of fair trade so that jobs and
investment that should be in the United States are not lost
through the false market signals.
(3) The continued dumping or subsidization of imported
products after the issuance of antidumping orders or findings
or countervailing duty orders can frustrate the remedial
purpose of the laws by preventing market prices from returning
to fair levels.
(4) Where dumping or subsidization continues, domestic
producers will be reluctant to reinvest or rehire and may be
unable to maintain pension and health care benefits that
conditions of fair trade would permit. Similarly, small
businesses and American farmers and ranchers may be unable to
pay down accumulated debt, to obtain working capital, or to
otherwise remain viable.
(5) United States trade laws should be strengthened to see
that the remedial purpose of those laws is achieved.
SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) is amended by inserting after section 753 following new
section:
``SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.
``(a) In General.--Duties assessed pursuant to a countervailing
duty order, an antidumping duty order, or a finding under the
Antidumping Act of 1921 shall be distributed on an annual basis under
this section to the affected domestic producers for qualifying
expenditures. Such distribution shall be known as the `continued
dumping and subsidy offset'.
``(b) Definitions.--As used in this section:
``(1) Affected domestic producer.--The term `affected
domestic producer' means any manufacturer, producer, farmer,
rancher, or worker representative (including associations of
such persons) that--
``(A) was a petitioner or interested party in
support of the petition with respect to which an
antidumping duty order, a finding under the Antidumping
Act of 1921, or a countervailing duty order has been
entered, and
``(B) remains in operation.
Companies, businesses, or persons that have ceased the
production of the product covered by the order or finding or
who have been acquired by a company or business that is related
to a company that opposed the investigation shall not be an
affected domestic producer.
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of Customs.
``(3) Commission.--The term `Commission' means the United
States International Trade Commission.
``(4) Qualifying expenditure.--The term `qualifying
expenditure' means an expenditure incurred after the issuance
of the antidumping duty finding or order or countervailing duty
order in any of the following categories:
``(A) Plant.
``(B) Equipment.
``(C) Research and development.
``(D) Personnel training.
``(E) Acquisition of technology.
``(F) Health care benefits to employees paid for by
the employer.
``(G) Pension benefits to employees paid for by the
employer.
``(H) Environmental equipment, training, or
technology.
``(I) Acquisition of raw materials and other
inputs.
``(J) Borrowed working capital or other funds
needed to maintain production.
``(5) Related to.--A company, business, or person shall be
considered to be `related to' another company, business, or
person if--
``(A) the company, business, or person directly or
indirectly controls or is controlled by the other
company, business, or person,
``(B) a third party directly or indirectly controls
both companies, businesses, or persons,
``(C) both companies, businesses, or persons
directly or indirectly control a third party and there
is reason to believe that the relationship causes the
first company, business, or persons to act differently
than a nonrelated party.
For purposes of this paragraph, a party shall be considered to
directly or indirectly control another party if the party is
legally or operationally in a position to exercise restraint or
direction over the other party.
``(c) Distribution Procedures.--The Commissioner shall prescribe
procedures for distribution of the continued dumping or subsidies
offset required by this section. Such distribution shall be made not
later than 60 days after the first day of a fiscal year from duties
assessed during the preceding fiscal year.
``(d) Parties Eligible for Distribution of Antidumping and
Countervailing Duties Assessed.--
``(1) List of affected domestic producers.--The Commission
shall forward to the Commissioner within 60 days after the
effective date of this section in the case of orders or
findings in effect on such effective date, or in any other
case, within 60 days after the date an antidumping or
countervailing duty order or finding is issued, a list of
petitioners and persons with respect to each order and finding
and a list of persons that indicate support of the petition by
letter or through questionnaire response. In those cases in
which a determination of injury was not required or the
Commission's records do not permit an identification of those
in support of a petition, the Commission shall consult with the
administering authority to determine the identity of the
petitioner and those domestic parties who have entered
appearances during administrative reviews conducted by the
administering authority under section 751.
``(2) Publication of list; certification.--The Commissioner
shall publish in the Federal Register at least 30 days before
the distribution of a continued dumping and subsidy offset, a
notice of intention to distribute the offset and the list of
affected domestic producers potentially eligible for the
distribution based on the list obtained from the Commission
under paragraph (1). The Commissioner shall request a
certification from each potentially eligible affected domestic
producer--
``(A) that the producer desires to receive a
distribution;
``(B) that the producer is eligible to receive the
distribution as an affected domestic producer; and
``(C) the qualifying expenditures incurred by the
producer since the issuance of the order or finding for
which distribution under this section has not
previously been made.
``(3) Distribution of funds.--The Commissioner shall
distribute all funds (including all interest earned on the
funds) from assessed duties received in the preceding fiscal
year to affected domestic producers based on the certifications
described in paragraph (2). The distributions shall be made on
a pro rata basis based on new and remaining qualifying
expenditures.
``(e) Special Accounts.--
``(1) Establishments.--Within 14 days after the effective
date of this section, with respect to antidumping duty orders
and findings and countervailing duty orders in effect on the
effective date of this section, and within 14 days after the
date an antidumping duty order or finding or countervailing
duty order issued after the effective date takes effect, the
Commissioner shall establish in the Treasury of the United
States a special account with respect to each such order or
finding.
``(2) Deposits into accounts.--The Commissioner shall
deposit into the special accounts, all antidumping or
countervailing duties (including interest earned on such
duties) that are assessed after the effective date of this
section under the antidumping order or finding or the
countervailing duty order with respect to which the account was
established.
``(3) Time and manner of distributions.--Consistent with
the requirements of subsections (c) and (d), the Commissioner
shall by regulation prescribe the time and manner in which
distribution of the funds in a special account shall made.
``(4) Termination.--A special account shall terminate
after--
``(a) the order or finding with respect to which
the account was established has terminated;
``(B) all entries relating to the order or finding
are liquidated and duties assessed collected;
``(C) the Commissioner has provided notice and a
final opportunity to obtain distribution pursuant to
subsection (c); and
``(D) 90 days has elapsed from the date of the
notice described in subparagraph (C).
Amounts not claimed within 90 days of the date of the notice
described in subparagraph (C), shall be deposited into the
general fund of the Treasury.''.
(b) Conforming Amendment.--The table of contents for title VII of
the Tariff Act of 1930 is amended by inserting the following new item
after the item relating to section 753:
``Sec. 754. Continued dumping and subsidy offset.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to all antidumping and countervailing duty
assessments made on or after October 1, 1996. | Continued Dumping and Subsidy Offset Act of 1999 - Amends the Tariff Act of 1930 to declare that any duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 shall be distributed on an annual basis as continued dumping or subsidy offsets to the affected domestic producers for qualifying expenditures.
Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development (R&D), personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production.
Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures. Sets forth general procedures for notification of eligible parties.
Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect. | {"src": "billsum_train", "title": "Continued Dumping and Subsidy Offset Act of 1999"} | 1,989 | 267 | 0.557765 | 1.86221 | 0.832064 | 3.857143 | 8.658986 | 0.917051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Megan's Law Implementation Act''.
SEC. 2. GRANTS TO STATES TO OFFSET COSTS ASSOCIATED WITH THE JACOB
WETTERLING CRIMES AGAINST CHILDREN AND SEXUALLY VIOLENT
OFFENDER REGISTRATION ACT.
(a) In General.--Section 170101 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14071) is amended by--
(1) redesignating the second subsection (g) as subsection
(h); and
(2) adding at the end the following new subsection:
``(i) Grants to States To Comply With the Wetterling Act.--
``(1) Program authorized.--
``(i) In general.--The Director of the Bureau of
Justice Assistance shall award a grant to each eligible
State to offset costs directly associated with
complying with the Jacob Wetterling Crimes Against
Children and Sexually Violent Offender Registration
Act. Such grant program shall be known as the ``Sex
Offender Management Assistance Program (SOMA)''.
``(ii) Uses of funds.--Grants awarded under this
subsection shall be--
``(I) distributed directly to the State for
distribution to State and local entities; and
``(II) used for training, salaries,
equipment, materials, and other costs directly
associated with complying with the Jacob
Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act.
``(2) Eligibility.--
``(i) Application.--To be eligible to receive a
grant under this subsection, the chief executive of a
State shall, on an annual basis, submit an application
to the Director of the Bureau of Justice Assistance (in
such form and containing such information as the
Director may reasonably require) assuring that--
``(I) the State complies with (or made a
good faith effort to comply with) the Jacob
Wetterling Crimes Against Children and Sexually
Violent Offender Registration Act; and
``(II) where applicable, the State has
penalties comparable to or greater than Federal
penalties for crimes listed in such Act.
The Director of the Bureau of Justice Assistance may
waive the requirement of subclause (II) if a State
demonstrates an overriding need for assistance under
this subsection.
``(ii) Regulations.--
``(I) In general.--Not later than 90 days
after the date of enactment of this subsection,
the Director shall promulgate regulations to
implement this subsection (including the
information that must be included and the
requirements that the States must meet) in
submitting the applications required under this
subsection. In allocating funds under this
subsection, the Director may consider the
annual number of sex offenders registered in
each eligible state's monitoring and
notification programs.
``(II) Certain training programs.--Prior to
implementing this subsection, the Director of
the Bureau of Justice Assistance shall study
the feasibility of incorporating into the SOMA
program the activities of any technical
assistance or training program established as a
result of section 40152 of the Violent Crime
Control and Law Enforcement Act of 1994 (Public
Law 103-322). In a case in which incorporating
such activities into the SOMA program will
eliminate duplication of efforts or
administrative costs, the Director shall take
administrative actions, as allowable, and make
recommendations to Congress to incorporate such
activities into the SOMA program prior to
implementing the SOMA program.''.
(b) Study.--The Director of the Bureau of Justice Assistance shall
conduct a study to assess the efficacy of the SOMA program and submit
recommendations to Congress not later than March 1, 2000.
(c) Authorization for Appropriations.--There are authorized to be
appropriated to carry out subsection (i) of section 170101 of the
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C.
14211), $25,000,000 for each of fiscal years 1999 and 2000. | Megan's Law Implementation Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to require the Director of the Bureau of Justice Assistance to award a grant to each eligible State to offset costs directly associated with complying with the Act. Names such grant program the Sex Offender Management Assistance Program (SOMA).
Directs that grants awarded be: (1) given directly to the State for distribution to State and local entities; and (2) used for training, salaries, equipment, materials, and other costs directly associated with complying with the Act.
Requires a chief executive of a State, to be eligible for such a grant, to submit to the Director annually an application assuring that the State: (1) complies with such Act; and (2) has penalties comparable to or greater than Federal penalties for crimes listed in such Act.
Requires the Director to conduct a study to assess the efficacy of SOMA and submit recommendations to the Congress. Authorizes appropriations. | {"src": "billsum_train", "title": "Megan's Law Implementation Act"} | 906 | 223 | 0.712422 | 2.109456 | 0.975798 | 4.270408 | 3.989796 | 0.933673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ojito Wilderness Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Ojito Wilderness Study Area, located in Sandoval
County, New Mexico, contains dramatic landforms and rock
structures, multicolored badlands, expansive plateaus and mesa
tops, and a high density of cultural and archaeological sites,
paleontological resources, and diverse plant and animal
species;
(2) the Bureau of Land Management evaluated the Ojito area
and found that the area has sufficient land area and natural
characteristics to qualify for full wilderness status and
protection;
(3) in 1992, President George H.W. Bush concurred with the
recommendation of Secretary of the Interior Manuel Lujan, Jr.,
that Congress designate the Ojito Wilderness based on the high
quality wilderness values, close proximity to the Albuquerque
and Santa Fe population centers, cultural and paleontological
special features, and the lack of resource conflicts in the
area;
(4) the Pueblo of Zia has worked in cooperation with other
interested parties to reach an agreement under which the Pueblo
would acquire public land adjacent to the Zia Reservation and
the Ojito Wilderness Study Area that would--
(A) enhance the protections for the land in the
Ojito area; and
(B) ensure that the land will remain open to the
public for recreational, scenic, scientific,
educational, paleontological, and conservation uses;
and
(5) the transfer of certain parcels of public land to the
Pueblo of Zia and the designation of the Ojito Wilderness as a
component of the National Wilderness Preservation System--
(A) is in the best interest of people of the State
of New Mexico and people from other States;
(B) would preserve and maintain the Ojito as an
enduring resource of wilderness; and
(C) would provide for the management and promotion
of the wilderness character and various resources of
the Ojito area for wildlife habitat protection, scenic
and historic preservation, scientific research and
education, primitive recreation, solitude, and
inspiration for present and future generations of the
people of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Pueblo.--The term ``Pueblo'' means the Pueblo of Zia.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of New
Mexico.
(4) Trust area map.--The term ``Trust Area map'' means the
map entitled ``Lands Transferred to Pueblo of Zia--Proposed'',
numbered ____, and dated ____________.
(5) Wilderness.--The term ``Wilderness'' means the Ojito
Wilderness designated under section 4.
(6) Wilderness map.--The term ``Wilderness map'' means the
map entitled ``Ojito Wilderness Study Area: Ojito Proposal'',
numbered NM-010-024, and dated April 1990.
SEC. 4. DESIGNATION OF THE OJITO WILDERNESS.
(a) In General.--In furtherance of the purposes of the Wilderness
Act (16 U.S.C. 1131 et seq.), there is hereby designated as wilderness,
and, therefore, as components of the National Wilderness Preservation
System, certain land in the Albuquerque District-Bureau of Land
Management, New Mexico, which comprise approximately 10,903 acres, as
generally depicted on the Wilderness map, and which shall be known as
the ``Ojito Wilderness''.
(b) Map and Legal Description.--The Wilderness map and a legal
description of the Wilderness shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Wilderness
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Management of Wilderness.--Subject to valid existing rights,
the Wilderness shall be managed by the Secretary, as appropriate, in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this
Act, except that, with respect to the Wilderness, any reference in the
Wilderness Act to the effective date of the Wilderness Act shall be
deemed to be a reference to the date of enactment of this Act.
(d) Management of Newly Acquired Land.--Any land within the
boundaries of the Wilderness that is acquired by the Federal Government
shall become part of the Wilderness within which the land is located
and shall be managed in accordance with this Act and other laws
applicable to the Wilderness.
(e) Grazing.--Grazing of livestock in the Wilderness, where
established before the date of enactment of this Act, shall be
administered in accordance with the provisions of section 4(d)(4) of
the Wilderness Act (16 U.S.C. 1133(d)(4)).
(f) Fish and Wildlife.--As provided in section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section shall be
construed as affecting the jurisdiction or responsibilities of the
State with respect to fish and wildlife in the State.
SEC. 5. LAND HELD IN TRUST.
(a) In General.--Subject to valid existing rights and the
conditions under subsection (d), all right, title, and interest of the
United States in and to the lands (including improvements,
appurtenances, and mineral rights to the lands) generally depicted on
the Trust Area map shall, on receipt of consideration under subsection
(c) and adoption and approval of regulations under subsection (d), be
declared by the Secretary to be held in trust by the United States for
the Pueblo and shall be part of the Pueblo's Reservation.
(b) Map and Legal Description.--The Trust Area map and a legal
description of the land described in subsection (a) shall--
(1) be filed by the Secretary with the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives as soon as
practicable after the date of the enactment of this Act;
(2) have the same force and effect as if included in this
Act, except that the Secretary may correct clerical and
typographical errors in the legal description and Trust Area
map; and
(3) be on file and available for public inspection in the
appropriate offices of the Bureau of Land Management.
(c) Consideration.--
(1) In general.--In consideration for the conveyance
authorized under subsection (a), the Pueblo shall pay to the
Secretary the amount that is equal to the fair market value of
the land conveyed, as subject to the terms and conditions in
subsection (d), as determined by an independent appraisal.
(2) Availability.--Any amounts paid under paragraph (1)
shall be available to the Secretary, without further
appropriation and until expended, for the acquisition from
willing sellers of land or interests in land in the State.
(d) Public Access.--
(1) In general.--Subject to paragraph (2), the declaration
of trust and conveyance under subsection (a) shall be subject
to the continuing right of the public to access the land for
recreational, scenic, scientific, educational, paleontological,
and conservation uses, subject to any regulations for land
management and the preservation, protection, and enjoyment of
the natural characteristics of the land that are adopted by the
Pueblo and approved by the Secretary.
(2) Conditions.--
(A) In general.--The land conveyed under subsection
(a) shall be maintained as open space, and the natural
characteristics of the land shall be preserved in
perpetuity.
(B) Prohibited uses.--The use of motorized vehicles
(except on existing roads or as is necessary for the
maintenance and repair of facilities used in connection
with grazing operations), mineral extraction, housing,
gaming, and other commercial enterprises shall be
prohibited within the boundaries of the land conveyed
under subsection (a).
(e) Judicial Relief.--
(1) In general.--To enforce subsection (d), any person may
bring a civil action in the United States District Court for
the District of New Mexico seeking declaratory or injunctive
relief.
(2) Sovereign immunity.--The Pueblo shall not assert
sovereign immunity as a defense or bar to a civil action
brought under paragraph (1).
(3) Effect.--Nothing in this section--
(A) authorizes a civil action against the Pueblo
for money damages, costs, or attorneys fees; or
(B) except as provided in paragraph (2), abrogates
the sovereign immunity of the Pueblo.
(f) Effect.--Nothing in this section shall have the effect of
terminating or affecting the renewal of any validly issued right-of-way
or the customary operation, maintenance, repair, and replacement
activities in such right-of-way, issued, granted, or permitted by the
Secretary on the date of enactment of this Act. | Ojito Wilderness Act - Designates the area in New Mexico known as the Ojito Wilderness as a component of the National Wilderness Preservation System.
Places in trust for the benefit of the Pueblo of Zia Indian Reservation certain lands adjacent to the Ojito Wilderness. | {"src": "billsum_train", "title": "A bill to designate the Ojito Wilderness Study Area as wilderness, to take certain land into trust for the Pueblo of Zia, and for other purposes."} | 2,100 | 69 | 0.652865 | 1.771886 | 0.813133 | 2.787234 | 39.595745 | 0.914894 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iranian Leadership Asset
Transparency Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Iran is characterized by high levels of official and
institutional corruption, and substantial involvement by Iran's
security forces, particularly the Islamic Revolutionary Guard
Corps (IRGC), in the economy.
(2) Many members of Iran's senior political and military
leadership have acquired significant personal and institutional
wealth by using their positions to secure control of
significant portions of Iran's national economy.
(3) Sanctions relief provided through the Joint
Comprehensive Plan of Action has resulted in the removal of
many Iranian entities that are tied to governmental corruption
from the list of entities sanctioned by the United States.
(4) The Department of Treasury in 2011 designated the
Islamic Republic of Iran's financial sector as a jurisdiction
of primary money laundering concern under section 311 of the
USA PATRIOT Act, stating ``Treasury has for the first time
identified the entire Iranian financial sector; including
Iran's Central Bank, private Iranian banks, and branches, and
subsidiaries of Iranian banks operating outside of Iran as
posing illicit finance risks for the global financial
system.''.
(5) Iran continues to be listed by the Financial Action
Task Force (FATF) among the ``Non-Cooperative Countries or
Territories''--countries which it perceived to be non-
cooperative in the global fight against terror finance and
money laundering.
(6) Iran and North Korea are the only countries listed by
the FATF as ``Non-Cooperative Countries or Territories''
against which FATF countries should take measures.
(7) The Transparency International index of perceived
public corruption ranks Iran 130th out of 168 countries
surveyed.
(8) The State Department identified Iran as a ``major
money-laundering country'' in its International Narcotics
Control Strategy Report (INCSR) for 2016.
(9) The State Department currently identifies Iran, along
with Sudan and Syria, as a state sponsor of terrorism, ``having
repeatedly provided support for acts of international
terrorism''.
(10) The State Department's ``Country Reports on
Terrorism'', published last in July 2017, noted that ``Iran
continued to sponsor terrorist groups around the world,
principally through its Islamic Revolutionary Guard Corps-Qods
Force (IRGC-QF). These groups included Lebanese Hizballah,
several Iraqi Shia militant groups, Hamas, and Palestine
Islamic Jihad. Iran, Hizballah, and other Shia militia
continued to provide support to the Asad regime, dramatically
bolstering its capabilities, prolonging the civil war in Syria,
and worsening the human rights and refugee crisis there.''.
(11) The Iranian Government's tolerance of corruption and
nepotism in business limits opportunities for foreign and
domestic investment, particularly given the significant
involvement of the IRGC in many sectors of Iran's economy.
(12) The IRGC and the leadership-controlled bonyads
(foundations) control an estimated one-third of Iran's total
economy, including large portions of Iran's telecommunications,
construction, and airport and port operations. These operations
give the IRGC and bonyads vast funds to support terrorist
organizations such as Hezbollah and Hamas.
(13) By gaining control of major economic sectors, the IRGC
and bonyads have also served to further disadvantage the
average Iranian.
SEC. 3. REPORT REQUIREMENT RELATING TO ASSETS OF IRANIAN LEADERS AND
CERTAIN SENIOR POLITICAL FIGURES.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, and annually thereafter (or more frequently if
the Secretary of the Treasury determines it appropriate based on new
information received by the Secretary) for the following 2 years, the
Secretary of the Treasury shall, in furtherance of the Secretary's
efforts to prevent the financing of terrorism, money laundering, or
related illicit finance and to make financial institutions' required
compliance with remaining sanctions more easily understood, submit a
report to the appropriate congressional committees containing--
(1) the estimated total funds or assets held in accounts at
United States and foreign financial institutions that are under
direct or indirect control by each natural person described in
subsection (b) and a description of such assets;
(2) an identification of any equity stake such natural
person has in an entity on the Department of the Treasury's
list of Specially Designated Nationals or in any other
sanctioned entity;
(3) a description of how such funds or assets or equity
interests were acquired, and how they have been used or
employed;
(4) a description of any new methods or techniques used to
evade anti-money laundering and related laws, including
recommendations to improve techniques to combat illicit uses of
the United States financial system by each natural person
described in subsection (b);
(5) recommendations for how United States economic
sanctions against Iran may be revised to prevent the funds or
assets described under this subsection from being used by the
natural persons described in subsection (b) to contribute--
(A) to the continued development, testing, and
procurement of ballistic missile technology by Iran;
and
(B) to human rights abuses;
(6) a description of how the Department of the Treasury
assesses the impact and effectiveness of United States economic
sanctions programs against Iran;
(7) an assessment of the impact and effectiveness of United
States economic sanctions programs against Iran; and
(8) recommendations for improving the ability of the
Department of the Treasury to rapidly and effectively develop,
implement, and enforce additional economic sanctions against
Iran if so ordered by the President under the International
Emergency Economic Powers Act or other corresponding
legislation.
(b) Persons Described.--The natural persons described in this
subsection are the following:
(1) The Supreme Leader of Iran.
(2) The President of Iran.
(3) Members of the Council of Guardians.
(4) Members of the Expediency Council.
(5) The Minister of Intelligence and Security.
(6) The Commander and the Deputy Commander of the IRGC.
(7) The Commander and the Deputy Commander of the IRGC
Ground Forces.
(8) The Commander and the Deputy Commander of the IRGC
Aerospace Force.
(9) The Commander and the Deputy Commander of the IRGC
Navy.
(10) The Commander of the Basij-e-Mostaz'afin.
(11) The Commander of the Qods Force.
(12) The Commander in Chief of the Police Force.
(13) The head of the IRGC Joint Staff.
(14) The Commander of the IRGC Intelligence.
(15) The head of the IRGC Imam Hussein University.
(16) The Supreme Leader's Representative at the IRGC.
(17) The Chief Executive Officer and the Chairman of the
IRGC Cooperative Foundation.
(18) The Commander of the Khatam-al-Anbia Construction Head
Quarter.
(19) The Chief Executive Officer of the Basij Cooperative
Foundation.
(20) The head of the Political Bureau of the IRGC.
(21) The head of the Atomic Energy Organization of Iran.
(c) Form of Report; Public Availability.--
(1) Form.--The report required under subsection (a) shall
be submitted in unclassified form but may contain a classified
annex.
(2) Public availability.--The unclassified portion of such
report shall be made available to the public and posted on the
website of the Department of the Treasury--
(A) in English, Farsi, Arabic, and Azeri; and
(B) in precompressed, easily downloadable versions
that are made available in all appropriate formats.
(d) Sources of Information.--In preparing a report described under
subsection (a), the Secretary of the Treasury may use any credible
publication, database, web-based resource, public information compiled
by any government agency, and any information collected or compiled by
a nongovernmental organization or other entity provided to or made
available to the Secretary, that the Secretary finds credible.
(e) Definitions.--For purposes of this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committees
on Financial Services and Foreign Affairs of the House of
Representatives and the Committees on Banking, Housing, and
Urban Affairs and Foreign Relations of the Senate.
(2) Funds.--The term ``funds'' means--
(A) cash;
(B) equity;
(C) any other intangible asset whose value is
derived from a contractual claim, including bank
deposits, bonds, stocks, a security as defined in
section 2(a) of the Securities Act of 1933 (15 U.S.C.
77b(a)), or a security or an equity security as defined
in section 3(a) of the Securities Exchange Act of 1934
(15 U.S.C. 78c(a)); and
(D) anything else that the Secretary determines
appropriate.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that in preparing the reports required
under section 3, the Secretary of the Treasury should consider
acquiring information from sources that--
(1) collect and, if necessary, translate high-veracity,
official records; or
(2) provide search and analysis tools that enable law
enforcement to have new insights into commercial and financial
relationships.
Passed the House of Representatives December 13, 2017.
Attest:
KAREN L. HAAS,
Clerk. | Iranian Leadership Asset Transparency Act (Sec. 3) This bill requires the Department of the Treasury, in furtherance of efforts to prevent terrorism financing, money laundering, or illicit finance and to make financial institutions' sanctions compliance more easily understood, to report to Congress within 270 days and annually thereafter for the next two years regarding: the funds or assets held in U.S. and foreign financial institutions that are controlled by specified Iranian officials; any equity stake such official has in an entity on Treasury's list of Specially Designated Nationals or in any other sanctioned entity; how such funds, assets, or equity interests were acquired and used; new methods used to evade anti-money laundering and related laws, including recommendations to improve techniques to combat illicit uses of the U.S. financial system by each such official; recommendations for revising U.S. economic sanctions against Iran to prevent Iranian officials from using funds or assets to develop and procure ballistic missile technology; how Treasury assesses the effectiveness of U.S. economic sanctions against Iran; and recommendations for improving Treasury's ability to develop and enforce additional economic sanctions against Iran. The unclassified portion of the report shall be made available to the public and posted on Treasury's website in downloadable English, Farsi, Arabic, and Azeri versions. (Sec. 4) It is the sense of Congress that in preparing the reports pursuant to this bill Treasury should consider acquiring information from sources that: (1) collect high-veracity official records; or (2) provide search and analysis tools that enable law enforcement to have new insights into commercial and financial relationships. | {"src": "billsum_train", "title": "Iranian Leadership Asset Transparency Act"} | 2,077 | 344 | 0.504343 | 1.678383 | 0.778902 | 4.466019 | 6.2589 | 0.912621 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``End Discriminatory State Taxes for
Automobile Renters Act of 2015''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Congress has prohibited economic protectionism by State
and local governments that unduly burden or discriminate
against interstate commerce and transportation under the
authority granted by the Commerce Clause of the Constitution by
enacting laws such as the Railroad Revitalization and
Regulatory Reform Act of 1976, the Motor Carrier Act of 1980,
the Bus Regulatory Reform Act of 1982, and the Airport and
Airway Improvement Act of 1982.
(2) In Gibbons v. Ogden, 22 U.S. 1 (1824), a case
challenging the exclusive right of navigating the waters of New
York granted by that State, the Supreme Court affirmed that it
is the sole right of Congress to regulate commerce between the
States under what Chief Justice John Marshall recognized as the
dormant Commerce Clause.
(3) Since 1990, over 100 discriminatory taxes have been
imposed by State and local governments on motor vehicle rentals
in violation of the dormant Commerce Clause.
(b) Purpose.--The purpose of this Act is to prohibit prospectively,
and provide a remedy for, tax discrimination by a State or Locality
against the rental of motor vehicles.
SEC. 3. PROHIBITION ON DISCRIMINATION.
(a) In General.--Chapter 805 of title 49, United States Code, is
amended by adding at the end the following new section:
``Sec. 80505. Tax discrimination against motor vehicle rental property
``(a) Definitions.--In this section:
``(1) Assessment and assessment jurisdiction.--
``(A) Assessment.--The term `assessment' has the
meaning given that term in section 11501(a)(1).
``(B) Assessment jurisdiction.--The term
`assessment jurisdiction' has the meaning given that
term in section 11501(a)(2).
``(2) Commercial and industrial property.--The term
`commercial and industrial property' means property, other than
motor vehicle rental property and land used primarily for
agricultural purposes or timber growing, which is devoted to a
commercial or industrial use.
``(3) Commercial and industrial taxpayers.--The term `other
commercial and industrial taxpayers' means persons of entities
who are engaged in a trade or business, other than the trade or
business of renting motor vehicles, within a State or Locality.
``(4) Covered person.--The term `covered person' means a
person who--
``(A) rents motor vehicles to another person;
``(B) is engaged in the business of renting motor
vehicles;
``(C) owns motor vehicle rental property;
``(D) rents a motor vehicle from another person; or
``(E) purchases motor vehicle rental property.
``(5) Discriminatory tax.--The term `discriminatory tax'
includes the following:
``(A) A tax discriminates against the rental of
motor vehicles if a State or Locality imposes the tax
on, or with respect to--
``(i) the rental of motor vehicles but the
tax is not a generally applicable tax on, or
with respect to, more than 51 percent of the
rentals of other tangible personal property
within the State or Locality; or
``(ii) the rental of motor vehicles at a
tax rate that exceeds the generally applicable
tax rate on at least 51 percent of the rentals
of other tangible personal property within the
same State or Locality.
``(B) A tax discriminates against the business of
renting motor vehicles if a State or Locality imposes
the tax on, or with respect to--
``(i) the business of renting motor
vehicles but the tax is not a generally
applicable tax on, or with respect to, more
than 51 percent of the businesses of other
commercial and industrial taxpayers within the
State or Locality; or
``(ii) the business of renting motor
vehicles at a tax rate that exceeds the
generally applicable tax rate on at least 51
percent of the business of commercial and
industrial taxpayers within the State or Local
jurisdiction.
``(C) A tax discriminates against motor vehicle
rental property if a State or Locality--
``(i) assesses motor vehicle rental
property at a value that has a higher ratio to
the true market value of the property than the
ratio of the assessed value to the true market
value applicable to commercial and industrial
property in the same assessment jurisdiction;
``(ii) levies or collects a tax on an
assessment that may not be made under clause
(i); or
``(iii) levies or collects an ad valorem
property tax on motor vehicle rental property
at a generally applicable tax rate that exceeds
the tax rate applicable to commercial and
industrial property in the same assessment
jurisdiction.
``(6) Local or locality.--The terms `Local' and `Locality'
mean a political subdivision of any State, or any governmental
entity or person acting on behalf of such Locality, with the
authority to impose, levy, or collect taxes.
``(7) Motor vehicle.--The term `motor vehicle' has the
meaning given that term in section 13102(16).
``(8) Motor vehicle rental property.--The term `motor
vehicle rental property' means property owned or used by a
person engaged in the business of renting motor vehicles and
used to provide rentals of motor vehicles.
``(9) Rental of motor vehicles.--The term `rental of motor
vehicles' means the rental of a motor vehicle that is given by
the owner of the motor vehicle for exclusive use to another for
not longer than 180 days for valuable consideration and only
includes the rental of motor vehicles with a pre-arranged
driver or motor vehicles without a driver, but shall not
include taxi cab service as defined by section 13102(22).
``(10) Rental of other tangible or personal property.--The
term `rental of other tangible or personal property' means any
rental of tangible or personal property, other than the rental
of motor vehicles.
``(11) State.--The term `State' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any governmental entity or
person acting on behalf of such State, and with the authority
to impose, levy, or collect taxes.
``(12) Tax.--Except as otherwise specifically provided
below, the term `tax' means any type of charge required by
statute, regulation, or agreement to be paid or furnished to a
State or Locality, regardless of whether such charge is
denominated as a tax, a fee, or any other type of exaction. The
term `tax' does not include any charge imposed by a State or
Locality with respect to a concession agreement at a federally
assisted airport (provided the agreement does not violate the
revenue diversion provisions of section 40116(d)), or the
registration, licensing, or inspection of motor vehicles, if
the charge is imposed generally with respect to motor vehicles,
without regard to whether such vehicles are used in the
business of renting motor vehicles within the State or
Locality.
``(13) Tax base.--The term `tax base' means the receipts,
income, value, weight, or other measure of a tax to which the
rate is applied. The `tax base' of a tax imposed on a per unit
basis is the unit.
``(14) Generally applicable tax.--The term `generally
applicable tax' may be determined by--
``(A) the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality to
which the tax is imposed by the State or Locality
compared to the gross receipts of rentals of other
tangible personal property or other commercial and
industrial taxpayers within the State or Locality; or
``(B) another method used to determine whether more
than 51 percent of rentals of other tangible personal
property or other commercial and industrial taxpayers
is subject to the tax.
``(b) Unreasonable Burdens and Discrimination Against Interstate
Commerce.--
``(1) In general.--The following acts unreasonably burden
and discriminate against interstate commerce, and a State or
Locality may not do any of them:
``(A) Levy or collect a discriminatory tax on the
rental of motor vehicles.
``(B) Levy or collect a discriminatory tax on the
business of renting motor vehicles.
``(C) Levy or collect a discriminatory tax on motor
vehicle rental property.
``(2) Exclusion.--Discriminatory taxes are not prohibited
under this section if the tax is imposed as of the date of the
enactment of this section, does not lapse, the tax rate does
not increase, and the tax base for such tax does not change.
``(c) Remedies.--
``(1) In general.--Notwithstanding section 1341 of title
28, a covered person aggrieved of a violation of subsection (b)
may bring a civil action in a district court of the United
States seeking damages, injunctive relief, other legal or
equitable relief, or declaratory relief.
``(2) Relief.--In granting relief against a tax levied or
collected in violation of subsection (b), if the tax is a
discriminatory tax the court shall strike only the
discriminatory or excessive portion of the tax.
``(3) Burden of proof.--
``(A) In general.--Except as provided in
subparagraph (B), a covered person shall have the
burden of proving, by a preponderance of the evidence,
that the levying or collecting of a tax violates
subsection (b).
``(B) Equivalent of other taxes.--If the court
determines that the levying or collecting of a tax
violates subsection (b), the State or Locality shall
have the burden of proving, by a preponderance of the
evidence, that the tax is the equivalent of a tax
imposed on other commercial and industrial taxpayers
under paragraph (2).
``(4) Other remedies.--Nothing in this subsection shall
limit any cause of action or remedy available under any other
provision of Federal or State law.
``(d) Limitations.--This section shall not be construed to
constitute the consent of Congress to State or Local taxation that
would be prohibited in the absence of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 805 of
title 49, United States Code, is amended by inserting after the item
relating to section 80504 the following:
``80505. Rules relating to State taxation with respect to automobile
rentals.''. | End Discriminatory State Taxes for Automobile Renters Act of 2015 This bill prohibits a state or locality from levying or collecting a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property, except where such tax is imposed as of the enactment date of this Act, the tax does not lapse, the tax rate does not increase, and the tax base for such tax does not change. A tax is considered discriminatory if it is applicable to the rental of motor vehicles or to motor vehicle businesses or property, but not to the majority of other rentals of tangible personal property or businesses within a state or locality. The bill allows a person who is aggrieved by a discriminatory tax to bring a civil action in a U.S. district court for damages, injunctive relief, other legal or equitable relief, or declaratory relief. | {"src": "billsum_train", "title": "End Discriminatory State Taxes for Automobile Renters Act of 2015"} | 2,449 | 203 | 0.491397 | 1.51575 | 0.82507 | 4.642424 | 13.357576 | 0.945455 |
.
Any ADR used to resolve a health care liability action or claim
shall contain provisions relating to statute of limitations,
noneconomic damages, joint and several liability, punitive damages,
collateral source rule, periodic payments, and limitations on
contingent fees which are identical to the provisions relating to such
matters in this Act.
SEC. 7. DEFINITIONS.
As used in this Act:
(1) Actual damages.--The term ``actual damages'' means
damages awarded to pay for economic loss.
(2) ADR.--The term ``ADR'' means an alternative dispute
resolution system established under Federal or State law that
provides for the resolution of health care liability claims in
a manner other than through health care liability actions.
(3) Claimant.--The term ``claimant'' means any person who
brings a health care liability action and any person on whose
behalf such an action is brought. If such action is brought
through or on behalf of an estate, the term includes the
claimant's decedent. If such action is brought through or on
behalf of a minor or incompetent, the term includes the
claimant's legal guardian.
(4) Clear and convincing evidence.--The term ``clear and
convincing evidence'' is that measure or degree of proof that
will produce in the mind of the trier of fact a firm belief or
conviction as to the truth of the allegations sought to be
established. Such measure or degree of proof is more than that
required under preponderance of the evidence but less than that
required for proof beyond a reasonable doubt.
(5) Collateral source payments.--The term ``collateral
source payments'' means any amount paid or reasonably likely to
be paid in the future to or on behalf of a claimant, or any
service, product, or other benefit provided or reasonably
likely to be provided in the future to or on behalf of a
claimant, as a result of an injury or wrongful death, pursuant
to--
(A) any State or Federal health, sickness, income-
disability, accident or workers' compensation Act;
(B) any health, sickness, income-disability, or
accident insurance that provides health benefits or
income-disability coverage;
(C) any contract or agreement of any group,
organization, partnership, or corporation to provide,
pay for, or reimburse the cost of medical, hospital,
dental, or income disability benefits; and
(D) any other publicly or privately funded program.
(6) Drug.--The term ``drug'' has the meaning given such
term in section 201(g)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(g)(1)).
(7) Economic damages.--The term ``economic damages'' means
ojectively verifiable monetary losses incurred as a result of
the provision of, use of, or payment for (or failure to
provide, use, or pay for) health care services or medical
products such as past and future medical expenses, loss of past
and future earnings, cost of obtaining domestic services, loss
of employment, loss due to death, burial costs, and loss of
business or employment opportunities.
(8) Harm.--The term ``harm'' means any legally cognizable
wrong or injury for which punitive damages may be imposed.
(9) Health benefit plan.--The term ``health benefit plan''
means--
(A) a hospital or medical expense incurred policy
or certificate,
(B) a hospital or medical service plan contract,
(C) a health maintenance subscriber contract, or
(D) a MedicarePlus product (offered under part C of
title XVIII of the Social Security Act), that provides
benefits with respect to health care services.
(10) Health care liability action.--The term ``health care
liability action'' means a civil action brought in a State or
Federal court or pursuant to alternative dispute resolution
against a health care provider, an entity which is obligated to
provide or pay for health benefits under any health benefit
plan (including any person or entity acting under a contract or
arrangement to provide or administer any health benefit), or
the manufacturer, distributor, supplier, marketer, promoter, or
seller of a medical product, in which the claimant alleges a
claim (including third party claims, cross claims, counter
claims, or distribution claims) based upon the provision of (or
the failure to provide or pay for) health care services or the
use of a medical product, regardless of the theory of liability
on which the claim is based or the number of plaintiffs,
defendants, or causes of action.
(11) Health care liability claim.--The term ``health care
liability claim'' means a claim in which the claimant alleges
that injury was caused by the provision of (or the failure to
provide) health care services or medical products.
(12) Health care provider.--The term ``health care
provider'' means any person that is engaged in the delivery of
health care services in a State and that is required by the
laws or regulations of the State to be licensed or certified by
the State to engage in the delivery of such services in the
State.
(13) Health care service.--The term ``health care service''
means any service for which payment may be made under a health
benefit plan including services related to the delivery or
administration of such service.
(14) Medical product.--The term ``medical product'' means a
drug (as defined in section 201(g)(1)) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical
device (as defined in section 201(h)) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any
component or raw material used in a drug or device but
excluding health care services.
(15) Noneconomic damages.--The term ``noneconomic damages''
means damages paid to an individual for pain and suffering,
inconvenience, emotional distress, mental anguish, loss of
consortium, injury to reputation, humiliation, and other
nonpecuniary losses.
(16) Person.--The term ``person'' means any individual,
corporation, company, association, firm, partnership, society,
joint stock company, or any other entity, including any
governmental entity.
(17) Product seller.--
(A) In general.--Subject to subparagraph (B), the
term ``product seller'' means a person who, in the
course of a business conducted for that purpose--
(i) sells, distributes, rents, leases,
prepares, blends, packages, labels, or is
otherwise involved in placing, a product in the
stream of commerce, or
(ii) installs, repairs, or maintains the
harm-causing aspect of a product.
(B) Exclusion.--Such term does not include--
(i) a seller or lessor of real property;
(ii) a provider of professional services in
any case in which the sale or use of a product
is incidental to the transaction and the
essence of the transaction is the furnishing of
judgment, skill, or services; or
(iii) any person who--
(I) acts in only a financial
capacity with respect to the sale of a
product; or
(II) leases a product under a lease
arrangement in which the selection,
possession, maintenance, and operation
of the product are controlled by a
person other than the lessor.
(18) Punitive damages.--The term ``punitive damages'' means
damages awarded against any person not to compensate for actual
injury suffered, but to punish or deter such person or others
from engaging in similar behavior in the future.
(19) State.--The term ``State'' means each of the several
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and any other territory or possession of the United States.
SEC. 8. EFFECTIVE DATE.
This Act will apply to any health care liability action brought in
a Federal or State court and to any health care liability claim subject
to an ADR system, that is initiated on or after the date of enactment
of this Act, except that any health care liability claim or action
arising from an injury occurring prior to the date of enactment of this
Act shall be governed by the applicable statute of limitations
provisions in effect at the time the injury occurred. | Common Sense Medical Malpractice Reform Act of 2003 - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies.(Sec. 3) Establishes a statute of limitations for health care liability actions of one year from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than three years after the date the alleged injury occurred.(Sec. 4) Makes a defendant in any health care liability action liable only for the amount of noneconomic damages attributable to such defendant. Limits total noneconomic damages for an injury to $250,000.Outlines requirements for, and limitations on, the award of punitive damages. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000.Permits defendants to introduce evidence of collateral source payments.(Sec. 5) Specifies limits to contingent fees.(Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for a statute of limitations, noneconomic damages, joint and several liability, punitive damages, a collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions of this Act. | {"src": "billsum_train", "title": "To establish limits on medical malpractice claims, and for other purposes."} | 1,871 | 308 | 0.563432 | 1.891325 | 0.712578 | 2.941667 | 7.1625 | 0.8 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Diamond Trade Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Funds derived from the sale of rough diamonds are being
used by rebels and state actors to finance military activities,
overthrow legitimate governments, subvert international efforts
to promote peace and stability, and commit horrifying
atrocities against unarmed civilians. During the past decade,
more than 6,500,000 people from Sierra Leone, Angola, and the
Democratic Republic of the Congo have been driven from their
homes by wars waged in large part for control of diamond mining
areas. A million of these are refugees eking out a miserable
existence in neighboring countries, and tens of thousands have
fled to the United States. Approximately 3,700,000 people have
died during these wars.
(2) The countries caught in this fighting are home to
nearly 70,000,000 people whose societies have been torn apart
not only by fighting but also by terrible human rights
violations.
(3) Human rights advocates, the diamond trade as
represented by the World Diamond Council, and the United States
Government recently began working to block the trade in
conflict diamonds. Their efforts have helped to build a
consensus that action is urgently needed to end the trade in
conflict diamonds.
(4) The United Nations Security Council has acted at
various times under chapter VII of the Charter of the United
Nations to address threats to international peace and security
posed by conflicts linked to diamonds. Through these actions,
it has prohibited all states from exporting weapons to certain
countries affected by such conflicts. It has further required
all states to prohibit the direct and indirect import of rough
diamonds from Angola and Sierra Leone unless the diamonds are
controlled under specified certificate of origin regimes and to
prohibit absolutely for a period of 12 months the direct and
indirect import of rough diamonds from Liberia.
(5) In response, the United States implemented sanctions
restricting the importation of rough diamonds from Angola and
Sierra Leone to those diamonds accompanied by specified
certificates of origin and fully prohibiting the importation of
rough diamonds from Liberia. In order to put an end to the
emergency situation in international relations, to maintain
international peace and security, and to protect its essential
security interests, and pursuant to its obligations under the
United Nations Charter, the United States is now taking further
action against trade in conflict diamonds.
(6) Without effective action to eliminate trade in conflict
diamonds, the trade in legitimate diamonds faces the threat of
a consumer backlash that could damage the economies of
countries not involved in the trade in conflict diamonds and
penalize members of the legitimate trade and the people they
employ. To prevent that, South Africa and more than 30 other
countries are involved in working, through the ``Kimberley
Process'', toward devising a solution to this problem. As the
consumer of a majority of the world's supply of diamonds, the
United States has an obligation to help sever the link between
diamonds and conflict and press for implementation of an
effective solution.
(7) Failure to curtail the trade in conflict diamonds or to
differentiate between the trade in conflict diamonds and the
trade in legitimate diamonds could have a severe negative
impact on the legitimate diamond trade in countries such as
Botswana, Namibia, South Africa, and Tanzania.
(8) Initiatives of the United States seek to resolve the
regional conflicts in sub-Saharan Africa which facilitate the
trade in conflict diamonds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Conflict diamonds.--The term ``conflict diamonds''
means rough diamonds the import of which is prohibited by
United Nations Security Council Resolutions because that trade
is fueling conflict.
(2) Diamonds.--The term ``diamonds'' means diamonds
classifiable under subheading 7102.31.00 or subheading
7102.39.00 of the Harmonized Tariff Schedule of the United
States.
(3) Polished diamonds.--The term ``polished diamonds''
means diamonds classifiable under subheading 7102.39.00 of the
Harmonized Tariff Schedule of the United States.
(4) Rough diamonds.--The term ``rough diamonds'' means
diamonds that are unworked, or simply sawn, cleaved, or bruted,
classifiable under subheading 7102.31.00 of the Harmonized
Tariff Schedule of the United States.
(5) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Columbia, and any commonwealth, territory, or possession of
the United States.
SEC. 4. MEASURES TO PREVENT IMPORTS OF CONFLICT DIAMONDS.
(a) Authority of the President.--The President may prohibit, in
whole or in part, imports of rough diamonds into the United States from
any country that does not take effective measures to stop trade in
conflict diamonds as long as the prohibition is--
(1) necessary to protect the essential security interests
of the United States, or pursuant to United Nations Security
Council Resolutions on conflict diamonds; and
(2) consistent with the foreign policy interests of the
United States, including the international obligations of the
United States.
(b) Effective Measures.--For purposes of this Act, effective
measures are measures that--
(1) meet the requirements of United Nations Security
Council Resolutions on trade in conflict diamonds;
(2) meet the requirements of an international arrangement
on conflict diamonds as long as the measures also meet the
requirements of United Nations Security Council Resolutions on
trade in conflict diamonds; or
(3) contain the following elements, or their functional
equivalent, if such elements are sufficient to meet the
requirements of United Nations Security Council Resolutions on
trade in conflict diamonds:
(A) With respect to exports from countries where
rough diamonds are extracted, secure packaging,
accompanied by officially validated documentation
certifying the country of origin, total carat weight,
and value.
(B) With respect to exports from countries where
rough diamonds are extracted, a system of verifiable
controls on rough diamonds from mine to export.
(C) With respect to countries that reexport rough
diamonds, a system of controls designed to ensure that
no conflict diamonds have entered the legitimate trade
in rough diamonds.
(D) Verifiable recordkeeping by all companies and
individuals engaged in mining, import, and export of
rough diamonds within the territory of the exporting
country, subject to inspection and verification by
authorized government authorities in accordance with
national regulations.
(E) Government publication on a periodic basis of
official rough diamond export and import statistics.
(F) Implementation of proportionate and dissuasive
penalties against any persons who violate laws and
regulations designed to combat trade in conflict
diamonds.
(G) Full cooperation with the United Nations or
other official international bodies examining the trade
in conflict diamonds, especially with respect to any
inspection and monitoring of the trade in rough
diamonds.
(c) Exclusions.--The provisions of this section do not apply to--
(1) rough diamonds imported by or on behalf of a person for
personal use and accompanying a person upon entry into the
United States;
(2) rough diamonds previously exported from the United
States and reimported by the same importer, without having been
advanced in value or improved in condition by any process or
other means while abroad, if the importer declares that the
reimportation of the rough diamonds satisfies the requirements
of this paragraph; or
(3) rough diamonds for which the importer provides evidence
to the satisfaction of the United States Customs Service (or
analogous officials of a territory or possession of the United
States with its own customs administration) that the
importation does not include conflict diamonds.
SEC. 5. PROHIBITION OF POLISHED DIAMONDS AND JEWELRY.
The President may prohibit specific entries of polished diamonds
and jewelry containing diamonds if the President has credible evidence
that such polished diamonds and jewelry were produced with conflict
diamonds.
SEC. 6. ENFORCEMENT.
Diamonds and jewelry containing diamonds imported into the United
States in violation of any prohibition imposed under section 4 or 5 are
subject to the seizure and forfeiture laws, and all criminal and civil
laws of the United States shall apply, to the same extent as any other
violation of the customs and navigation laws of the United States.
SEC. 7. REPORTS.
(a) Annual Reports.--Not later than one year after the effective
date of this Act, and every 12 months thereafter, the President shall
transmit to Congress a report--
(1) describing actions taken by countries that have
exported rough diamonds to the United States during the
preceding 12-month period to implement effective measures to
stop trade in conflict diamonds;
(2) identifying those countries that have exported rough
diamonds to the United States during the preceding 12-month
period and are not implementing effective measures to stop
trade in conflict diamonds and whose failure to do so has
significantly increased the likelihood that conflict diamonds
are being imported into the United States;
(3) describing appropriate actions, which may include
actions under sections 4 and 5, that may be taken by the United
States, or actions that may be taken or are being taken by each
country identified under paragraph (2), to ensure that conflict
diamonds are not being imported into the United States from
such country; and
(4) identifying any additional countries involved in
conflicts linked to rough diamonds that are not the subject of
United Nations Security Council Resolutions on conflict
diamonds.
(b) Semiannual Reports.--For each country identified in subsection
(a)(2), the President shall, every 6 months after the initial report in
which the country was identified, transmit to Congress a report that
explains what actions have been taken by the United States or such
country since the previous report to ensure that conflict diamonds are
not being imported from that country into the United States. The
requirement to issue a semiannual report with respect to a country
under this subsection shall remain in effect until such time as the
country implements effective measures.
SEC. 8. GAO REPORT.
Not later than 3 years after the effective date of this Act, the
Comptroller General of the United States shall transmit a report to
Congress on the effectiveness of the provisions of this Act in
preventing the importation of conflict diamonds under section 4. The
Comptroller General shall include in the report any recommendations on
any modifications to this Act that may be necessary.
SEC. 9. SENSE OF CONGRESS.
(a) International Arrangement.--It is the sense of Congress that
the President should take the necessary steps to negotiate an
international arrangement, working in concert with the Kimberley
Process referred to in section 2(6), to eliminate the trade in conflict
diamonds. Such an international arrangement should create an effective
global system of controls covering countries that export and import
rough diamonds, and should contain the elements described in section
4(b)(3).
(b) Additional Security Council Resolutions.--It is the sense of
Congress that the President should take the necessary steps to seek
United Nations Security Council Resolutions with respect to trade in
diamonds from additional countries identified under section 7(a)(4).
(c) Trade in Legitimate Diamonds.--It is the sense of Congress that
the provisions of this Act should not impede the trade in legitimate
diamonds with countries which are working constructively to eliminate
trade in conflict diamonds, including through the negotiation of an
effective international arrangement to eliminate trade in conflict
diamonds.
(d) Implementation of Effective Measures.--It is the sense of
Congress that companies involved in diamond extraction and trade should
make financial contributions to countries seeking to implement any
effective measures to stop trade in conflict diamonds described in
section 4(b), if those countries would have financial difficulty
implementing those measures.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the President $5,000,000
for each of fiscal years 2002 and 2003 to provide assistance to
countries seeking to implement any effective measures to stop trade in
conflict diamonds described in section 4(b), if those countries would
have financial difficulty implementing those measures.
SEC. 11. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act.
Passed the House of Representatives November 28, 2001.
Attest:
JEFF TRANDAHL,
Clerk. | Clean Diamond Trade Act - Authorizes the President to prohibit imports of rough diamonds (with specified exceptions) into the United States from any country that does not take certain measures to stop trade in conflict diamonds as long as such prohibition is necessary to protect the essential security interests of the United States (or pursuant to United Nations (UN) Security Council Resolutions on conflict diamonds), and is consistent with U.S. foreign policy interests, including its international obligations.(Sec. 5) Authorizes the President to prohibit specific entries of polished diamonds and jewelry containing diamonds if the President has credible evidence that such polished diamonds and jewelry were produced with conflict diamonds.(Sec. 6) Sets forth both civil and criminal penalties for the import of prohibited diamonds and jewelry into the United States.(Sec. 7) Requires the President to report to Congress with respect to those countries that are involved in the export of conflict diamonds to the United States, including measures taken by the United States and such countries to ensure that such diamonds are not being imported into the United States.(Sec. 8) Requires the Comptroller General of the United States to report to Congress on the effectiveness of the provisions of this Act in preventing the importation of conflict diamonds into the United States.(Sec. 9) Expresses the sense of Congress that: (1) the President should take the necessary steps to negotiate an international agreement to eliminate the trade in conflict diamonds and seek UN Security Council Resolutions for countries that are involved in conflicts linked to rough diamonds; (2) the provisions of this Act should not impede the trade in legitimate diamonds with countries that are working to eliminate trade in conflict diamonds, including through the negotiation of an effective international agreement to eliminate trade in conflict diamonds; and (3) companies involved in diamond extraction and trade should make financial contributions to countries seeking to implement measures to stop trade in conflict diamonds if such countries would have financial difficulty implementing such measures.(Sec. 10) Authorizes appropriations. | {"src": "billsum_train", "title": "To implement effective measures to stop trade in conflict diamonds, and for other purposes."} | 2,697 | 442 | 0.62839 | 2.190333 | 0.819642 | 4.656593 | 6.837912 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Bay Water Reuse Program Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Eligible entity.--The term ``eligible entity'' means a
member agency of the North Bay Water Reuse Authority of the
State located in the North San Pablo Bay watershed in--
(A) Marin County;
(B) Napa County;
(C) Solano County; or
(D) Sonoma County.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of
California.
(4) Water reclamation and reuse project.--The term ``water
reclamation and reuse project'' means a project carried out by
the Secretary and an eligible entity in the North San Pablo Bay
watershed relating to--
(A) water quality improvement;
(B) wastewater treatment;
(C) water reclamation and reuse;
(D) groundwater recharge and protection;
(E) surface water augmentation; or
(F) other related improvements.
SEC. 3. NORTH BAY WATER REUSE PROGRAM.
(a) In General.--The Secretary, acting through a cooperative
agreement with the State or a subdivision of a State, may offer to
enter into cooperative agreements with eligible entities for the
planning, design, and construction of water reclamation and reuse
projects.
(b) Coordination With Other Federal Agencies.--In carrying out this
section, the Secretary and the eligible entity shall, to the maximum
extent practicable, use the design work and environmental evaluations
initiated by--
(1) non-Federal entities; and
(2) the Corps of Engineers in the San Pablo Bay Watershed
of the State.
(c) Cooperative Agreement.--
(1) Requirements.--A cooperative agreement entered into
under paragraph (1) shall, at a minimum, specify the
responsibilities of the Secretary and the eligible entity with
respect to--
(A) ensuring that the cost-share requirements
established by subsection (e) are met;
(B) completing--
(i) a needs assessment for the water
reclamation and reuse project; and
(ii) the planning and final design of the
water reclamation and reuse project;
(C) any environmental compliance activity required
for the water reclamation and reuse project;
(D) the construction of facilities for the water
reclamation and reuse project; and
(E) administrating any contract relating to the
construction of the water reclamation and reuse
project.
(2) Phased project.--
(A) In general.--A cooperative agreement described
in paragraph (1) shall require that any water
reclamation and reuse project carried out under this
section shall consist of 2 phases.
(B) First phase.--During the first phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the main
treatment and main conveyance system of the water
reclamation and reuse project.
(C) Second phase.--During the second phase, the
Secretary and an eligible entity shall complete the
planning, design, and construction of the sub-regional
distribution systems of the water reclamation and reuse
project.
(d) Financial Assistance.--
(1) In general.--The Secretary may provide financial and
technical assistance to an eligible entity to assist in
planning, designing, conducting related preconstruction
activities for, and constructing a water reclamation and reuse
project.
(2) Use.--Any financial assistance provided under paragraph
(1) shall be obligated and expended only in accordance with a
cooperative agreement entered into under this section.
(e) Cost-Sharing Requirement.--
(1) Federal share.--The Federal share of the total cost of
any activity or construction carried out using amounts made
available under this section shall be not more than 25 percent
of the total cost of a water reclamation and reuse project.
(2) Form of non-federal share.--The non-Federal share may
be in the form of any in-kind services that the Secretary
determines would contribute substantially toward the completion
of the water reclamation and reuse project, including--
(A) reasonable costs incurred by the eligible
entity relating to the planning, design, and
construction of the water reclamation and reuse
project; and
(B) the fair-market value of land that is--
(i) used for planning, design, and
construction of the water reclamation and reuse
project facilities; and
(ii) owned by an eligible entity.
(f) Operation, Maintenance, and Replacement Costs.--
(1) In general.--The eligible entity shall be responsible
for the annual operation, maintenance, and replacement costs
associated with the water reclamation and reuse project.
(2) Operation, maintenance, and replacement plan.--The
eligible entity, in consultation with the Secretary, shall
develop an operation, maintenance, and replacement plan for the
water reclamation and reuse project.
(g) Effect.--Nothing in this Act--
(1) affects or preempts--
(A) State water law; or
(B) an interstate compact relating to the
allocation of water; or
(2) confers on any non-Federal entity the ability to
exercise any Federal right to--
(A) the water of a stream; or
(B) any groundwater resource.
(h) Authorization of Appropriations.--There is authorized to be
appropriated for the Federal share of the total cost of the first phase
of water reclamation and reuse projects carried out under this Act, an
amount not to exceed 25 percent of the total cost of those reclamation
and reuse projects or $25,000,000, whichever is less, to remain
available until expended. | North Bay Water Reuse Program Act of 2006 - Authorizes the Secretary of the Interior to offer to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties, California, for the planning, design, and construction of water reclamation and reuse projects.
Directs the Secretary and such an entity to use the design work and environmental evaluations initiated by non-federal entities and the Corps of Engineers in that watershed to the maximum extent practicable.
Requires such an agreement to specify the responsibilities of the Secretary and the entity regarding: (1) cost-share requirements; (2) needs assessment and project planning and design; (3) environmental compliance activity; (4) facilities construction; and (5) construction contract administration.
Requires that any such project consist of two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance system; and (2) the sub-regional distribution systems.
Authorizes the Secretary to provide financial and technical assistance to an entity in planning, designing, conducting related pre-construction activities for, and constructing a project. Makes the entity responsible for the annual operation, maintenance, and replacement costs of the project. Requires the entity to develop an operation, maintenance, and replacement plan for the project. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to create a Bureau of Reclamation partnership with the North Bay Water Reuse Authority and other regional partners to achieve objectives relating to water supply, water quality, and environmental restoration."} | 1,239 | 292 | 0.717195 | 2.282433 | 0.953331 | 4.01845 | 4.261993 | 0.933579 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flight Attendant Duty Time Act''.
SEC. 2. AMENDMENT TO THE FEDERAL AVIATION ACT.
(a) In General.--Title VI of the Federal Aviation Act of 1958 (49
U.S.C. App. 1421-1433) is amended by adding at the end thereof the
following new section:
``SEC. 614. DUTY TIME OF FLIGHT ATTENDANTS.
``(a) Rulemaking Proceeding.--Not later than 60 days after the date
of the enactment of this section, the Secretary shall initiate a
rulemaking proceeding for the purpose of establishing limitations on
duty time for flight attendants, including minimum rest requirements.
``(b) Final Regulations.--Except in any case in which the
prohibitions referred to in subsection (c) take effect, the Secretary
shall issue, not later than 240 days after the date of the enactment of
this Act, final regulations establishing limitations on duty time for
flight attendants, including minimum rest requirements as follows:
``(1) For a domestic flight, a maximum of 14 hours of
actual duty time, plus a maximum of 2 additional hours spent
deadheading to return to the flight attendant's domicile, and a
minimum of at least 10 consecutive hours of rest after each
duty period.
``(2) For an international flight, a maximum of 16 hours of
actual duty time and minimum of at least 12 consecutive hours
of rest after each duty period.
``(3) For a long-range international nonstop flight, a
maximum period of actual duty time no more than 4 hours greater
than the scheduled duty time, with a maximum period of actual
duty time no greater than 20 hours, and a minimum consecutive
rest period equal to at least twice the scheduled flight time.
``(4) For all flight attendants, a minimum of eight 24
consecutive hour periods of rest at their domicile per calendar
month and at least one 24 hour consecutive period of rest
within every 7 days.
``(5) For all flight attendants, at least a continuous 1
hour rest break on any flight scheduled for 8 hours or more of
flight time in a designated rest area.
``(c) Mandated Prohibitions.--If the Secretary does not initiate a
rulemaking proceeding under subsection (a) before the 60th day
following the date of the enactment of this Act or does not issue final
regulations under subsection (b) before the 240th day following such
date of enactment, no air carrier may after such date operate an
aircraft using a flight attendant who has been on duty more hours, or
who has had fewer hours of rest, than those required by paragraphs (1)
through (5) of subsection (b).
``(d) Modification of Mandated Prohibitions.--The Secretary may
issue regulations modifying the prohibitions contained in paragraphs
(1) through (5) of subsection (b) if the Secretary determines that such
modifications are in the interest of safety and transmits a copy of the
modifying regulations to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Public Works and
Transportation of the House of Representatives. The modifying
regulations may not take effect until the expiration of the 90-day
period beginning on the date of the transmittal of the modifying
regulations to such committees.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Air carrier.--The term `air carrier' means any air
carrier which is subject to the provisions of part 121 or part
135 of title 14 of the Code of Federal Regulations.
``(2) Debriefing time.--The term `debriefing time' means a
time period of at least 30 minutes for domestic flight and of
at least 45 minutes for international flight after the block-in
time of the last flight or segment of a flight.
``(3) Designated rest area.--The term `designated rest
area' means a passenger seat of an aircraft assigned for crew
rest purposes.
``(4) Domestic flight.--The term `domestic flight' means
any flight or segment of a flight worked by a flight attendant
totally within the 48 contiguous States and the District of
Columbia.
``(5) Duty time.--The term `duty time' means all time
worked for an air carrier at any place and in any capacity and,
with respect to flying, shall begin at the required report time
and shall end at the conclusion of the debriefing time, or when
released by the carrier, whichever is later. Duty time accrues
until the crewmember is given a required rest period by the
carrier. Time spent deadheading, either on an aircraft or by
surface transportation, to or from an assignment by an air
carrier, time spent ferrying, and time spent attending meetings
and training shall also be considered duty time. Duty time
continues--
``(A) throughout a rest period of a shorter
duration than that contained in subsection (b)(1),
(b)(2), or (b)(3), as the case may be; and
``(B) during in-flight rest periods contained in
subsection (b)(5).
``(6) International flight.--The term `international
flight' means any flight worked by a flight attendant for which
a take off or landing is scheduled outside the 48 contiguous
States and the District of Columbia.
``(7) Long-range international nonstop flight.--The term
`long-range international nonstop flight' means a single
nonstop international flight scheduled for 8 hours or more of
flight time.
``(8) Report time.--The term `report time' means a time
period of at least 30 minutes prior to the scheduled departure
time of the first flight or segment of a flight in a flight
attendant's duty period or the time the flight attendant is
required to report to work, whichever is earlier.
``(9) Rest.--The term `rest' means uninterrupted time free
from all duty.
``(10) Scheduled flight time.--The term `scheduled flight
time' means the elapsed time based on the time shown in
schedules given by an air carrier to a travel agent.
``(11) Secretary.--The term `Secretary' means the Secretary
of Transportation.''.
(b) Conforming Amendment.--The table of contents contained in the
first section of the Federal Aviation Act of 1958 is amended by adding
at the end of the matter relating to title VI the following:
``Sec. 614. Duty time of flight attendants.
``(a) Rulemaking proceeding.
``(b) Final regulations.
``(c) Mandated prohibitions.
``(d) Modification of mandated prohibitions.
``(e) Definitions.''. | Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline.
Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time.
Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees. | {"src": "billsum_train", "title": "Flight Attendant Duty Time Act"} | 1,508 | 155 | 0.594637 | 1.493963 | 0.695745 | 2.582677 | 10.905512 | 0.834646 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thomas Alva Edison Commemorative
Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Thomas Alva Edison, one of America's greatest inventors,
was born on February 11, 1847, in Milan, Ohio.
(2) The inexhaustible energy and genius of Thomas A. Edison
produced more than 1,300 inventions in his lifetime, including the
incandescent light bulb and the phonograph.
(3) In 1928, Thomas A. Edison received the Congressional gold
medal ``for development and application of inventions that have
revolutionized civilization in the last century''.
(4) 2004 will mark the 125th anniversary of the invention of
the light bulb by Thomas A. Edison in 1879, the first practical
incandescent electric lamp.
SEC. 3. COIN SPECIFICATIONS.
(a) Denomination.--In commemoration of the 125th anniversary of the
invention of the light bulb by Thomas A. Edison, the Secretary of the
Treasury (hereafter in this Act referred to as the ``Secretary'') shall
mint and issue not more than 500,000 $1 coins, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. SOURCES OF BULLION.
The Secretary may obtain silver for minting coins under this Act
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the light bulb and the many inventions made
by Thomas A. Edison throughout his prolific life.
(2) Designation and inscriptions.--On each coin minted under
this Act there shall be--
(A) a designation of the value of the coin; and
(B) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(3) Obverse of coin.--The obverse of each coin minted under
this Act shall bear the likeness of Thomas A. Edison.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2004.
(c) Termination of Minting Authority.--No coins may be minted under
this Act after December 31, 2004.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, the first $5,000,000 of the surcharges received by the
Secretary from the sale of coins issued under this Act shall be paid by
the Secretary as follows:
(1) Museum of arts and history.--Up to \1/8\ to the Museum of
Arts and History, in the city of Port Huron, Michigan, for the
endowment and construction of a special museum on the life of
Thomas A. Edison in Port Huron.
(2) Edison birthplace association.--Up to \1/8\ to the Edison
Birthplace Association, Incorporated, in Milan, Ohio, to assist in
the efforts of the association to raise an endowment as a permanent
source of support for the repair and maintenance of the Thomas A.
Edison birthplace, a national historic landmark.
(3) National park service.--Up to \1/8\ to the National Park
Service, for use in protecting, restoring, and cataloguing historic
documents and objects at the ``invention factory'' of Thomas A.
Edison in West Orange, New Jersey.
(4) Edison plaza museum.--Up to \1/8\ to the Edison Plaza
Museum in Beaumont, Texas, for expanding educational programs on
Thomas A. Edison and for the repair and maintenance of the museum.
(5) Edison winter home and museum.--Up to \1/8\ to the Edison
Winter Home and Museum in Fort Myers, Florida, for historic
preservation, restoration, and maintenance of the historic home and
chemical laboratory of Thomas A. Edison.
(6) Edison institute.--Up to \1/8\ to the Edison Institute,
otherwise known as ``Greenfield Village'', in Dearborn, Michigan,
for use in maintaining and expanding displays and educational
programs associated with Thomas A. Edison.
(7) Edison memorial tower.--Up to \1/8\ to the Edison Memorial
Tower in Edison, New Jersey, for the preservation, restoration, and
expansion of the tower and museum.
(8) Hall of electrical history.--Up to \1/8\ to the Schenectady
Museum Association in Schenectady, New York, for the historic
preservation of materials of Thomas A. Edison and for the
development of educational programs associated with Thomas A.
Edison.
(c) Audits.--Each organization that receives any payment from the
Secretary under this section shall be subject to the audit requirements
of section 5134(f)(2) of title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Thomas Alva Edison Commemorative Coin Act - Directs the Secretary of the Treasury to mint one-dollar silver coins emblematic of the light bulb and the many inventions made by Thomas A. Edison throughout his prolific life. Mandates that: (1) the obverse side of the coins bear the likeness of Thomas A. Edison; and (2) coin design be selected by the Secretary and reviewed by the Citizens Commemorative Coin Advisory Committee.
Terminates the authority to mint such coins after December 31, 2004. Requires that certain surcharges received from coin sales be distributed to specified entities. | {"src": "billsum_train", "title": "Thomas Alva Edison Commemorative Coin Act"} | 1,360 | 126 | 0.574023 | 1.618612 | 0.645453 | 3.891892 | 10.45045 | 0.846847 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Amateur Radio Emergency
Communications Enhancement Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Nearly 700,000 amateurs radio operators in the United
States are licensed by the Federal Communications Commission in
the Amateur Radio Service.
(2) Amateur Radio operators provide, on a volunteer basis,
a valuable public service to their communities, their States,
and to the Nation, especially in the area of national and
international disaster communications.
(3) Emergency and disaster relief communications services
by volunteer Amateur Radio operators have consistently and
reliably been provided before, during, and after floods,
hurricanes, tornadoes, forest fires, earthquakes, blizzards,
train accidents, chemical spills, and other disasters. These
communications services include services in connection with
significant examples, such as hurricanes Katrina, Rita, Hugo,
and Andrew; the relief effort at the World Trade Center, and
the Pentagon following the 2001 terrorist attacks; and the
Oklahoma City bombing in April 1995.
(4) Amateur Radio has formal agreements for the provision
of volunteer emergency communications activities with the
Department of Homeland Security, the Federal Emergency
Management Agency, the National Weather Service, the National
Communications System, and the Association of Public Safety
Communications Officials, as well as with disaster relief
agencies, including the American National Red Cross and the
Salvation Army.
(5) The Congress passed Public Law 103-408 which was signed
by the President on October 22, 1994. This included in Section
1 the following finding of Congress: ``Reasonable accommodation
should be made for the effective operation of amateur radio
from residences, private vehicles and public areas, and the
regulation at all levels of government should facilitate and
encourage amateur radio operation as a public benefit.''
(6) The Congress passed Public Law 109-295 which was signed
by the President on October 4, 2006. This included a provision
in the Department of Homeland Security Appropriations
legislation for fiscal year 2007 that directed the Department's
Regional Emergency Communications Coordinating Working Group to
coordinate their activities with ``ham and amateur radio
operators'' among the eleven other emergency organizations such
as ambulance services, law enforcement, and others.
(7) Amateur Radio, at no cost to taxpayers, provides a
fertile ground for technical self-training in modern
telecommunications, electronic technology, and emergency
communications techniques and protocols.
(8) There is a strong Federal interest in the effective
performance of Amateur Radio stations, and that performance
must be given support at all levels of government and given
protection against unreasonable regulation and impediments to
the provision of these valuable communications.
SEC. 3. STUDY OF ENHANCED USES OF AMATEUR RADIO IN EMERGENCY AND
DISASTER RELIEF COMMUNICATION, AND FOR RELIEF OF
RESTRICTIONS.
(a) Authority.--The Secretary of Homeland Security--
(1) shall undertake a study on the uses and capabilities of
Amateur Radio communications in emergencies and disaster
relief; and
(2) shall report its findings to Congress not later than
180 days after the date of enactment of this Act.
(b) Scope of the Study.--The study required by this section shall--
(1) include recommendations--
(A) for enhancements in the voluntary deployment of
Amateur Radio licensees in disaster and emergency
communications and disaster relief efforts; and
(B) for improved integration of Amateur Radio
operators in planning and in furtherance of the
Department of Homeland Security initiatives;
(2)(A) identify unreasonable or unnecessary impediments to
enhanced Amateur Radio communications, such as the effects of
private land use regulations on residential antenna
installations; and
(B) make recommendations regarding such impediments; and
(3)(A) include an evaluation of section 207 of the
Telecommunications Act of 1996 (Public Law 104-104, 110 Stat.
56 (1996)); and
(B) make a recommendation whether that section should be
modified to prevent unreasonable private land use restrictions
that impair the ability of an amateur radio operator licensed
by the Federal Communications Commission to conduct, or prepare
to conduct, emergency communications by means of effective
outdoor antennas and support structures at reasonable heights
and dimensions for the purpose, in residential areas.
(c) Use of Expertise and Information.--In conducting the study
required by this section, the Secretary of Homeland Security shall--
(1) utilize the expertise of the American Radio Relay
League, representing the National Amateur Radio community; and
(2) seek information from private and public sectors for
the study. | Amateur Radio Emergency Communications Enhancement Act of 2009 - Directs the Secretary of Homeland Security to: (1) study the uses and capabilities of amateur radio communications in emergencies and disaster relief; (2) use the expertise of the American Radio Relay League in the study; and (3) report to Congress. | {"src": "billsum_train", "title": "To promote and encourage the valuable public service, disaster relief, and emergency communications provided on a volunteer basis by licensees of the Federal Communications Commission in the Amateur Radio Service, by undertaking a study of the uses of amateur radio for emergency and disaster relief communications, by identifying unnecessary or unreasonable impediments to the deployment of Amateur Radio emergency and disaster relief communications, and by making recommendations for relief of such unreasonable restrictions so as to expand the uses of amateur radio communications in Homeland Security planning and response."} | 971 | 59 | 0.561126 | 1.366751 | 0.303777 | 3.966102 | 15.830508 | 0.983051 |
SECTION 1. 100-PERCENT CAPITAL GAIN EXCLUSION FOR INDIVIDUALS.
(a) General Rule.--Part I of subchapter P of chapter 1 of the
Internal Revenue Code of 1986 (relating to treatment of capital gains),
as amended by subsection (c)(1), is amended by adding at the end the
following new section:
``SEC. 1202. DEDUCTION FOR CAPITAL GAINS.
``(a) Allowance of Deduction.--If for any taxable year a taxpayer
other than a corporation has a net capital gain, 100 percent of the
amount of the net capital gain shall be a deduction from gross income.
``(b) Estates and Trusts.--In the case of an estate or trust, the
deduction under subsection (a) shall be computed by excluding the
portion (if any) of the gains for the taxable year from sales or
exchanges of capital assets which, under sections 652 and 662 (relating
to inclusions of amounts in gross income of beneficiaries of trusts),
is includible by the income beneficiaries as gain derived from the sale
or exchange of capital assets.
``(c) Transitional Rule.--
``(1) In general.--In the case of a taxable year which
includes January 1, 1995--
``(A) the amount taken into account as the net
capital gain under subsection (a) shall not exceed the
net capital gain determined by only taking into account
gains and losses properly taken into account for the
portion of the taxable year on or after January 1,
1995, and
``(B) if the net capital gain for such year exceeds
the amount taken into account under subsection (a), the
rate of tax imposed by section 1 on such excess shall
not exceed 28 percent.
``(2) Special rules for pass-thru entities.--
``(A) In general.--In applying paragraph (1) with
respect to any pass-thru entity, the determination of
when gains and losses are properly taken into account
shall be made at the entity level.
``(B) Pass-thru entity defined.--For purposes of
subparagraph (A), the term `pass-thru entity' means--
``(i) a regulated investment company,
``(ii) a real estate investment trust,
``(iii) an S corporation,
``(iv) a partnership,
``(v) an estate or trust, and
``(vi) a common trust fund.''
(b) Deduction Allowable in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code is amended by inserting after
paragraph (15) the following new paragraph:
``(16) Capital gains of individuals.--The deduction allowed
by section 1202.''
(c) Conforming Amendments.--
(1) Section 13113 of the Revenue Reconciliation Act of 1993
(relating to 50-percent exclusion for gain from certain small
business stock), and the amendments made by such section, are
hereby repealed; and the Internal Revenue Code of 1986 shall be
applied as if such section (and amendments) had never been
enacted.
(2) Subsection (h) of section 1 of such Code is hereby
repealed.
(3)(A) Section 170(e)(1)(B) of such Code is amended by
inserting ``by a corporation'' after ``a charitable
contribution''.
(4)(A) Section 172(d)(2) of such Code (relating to
modifications with respect to net operating loss deduction) is
amended to read as follows:
``(2) Capital gains and losses of taxpayers other than
corporations.--In the case of a taxpayer other than a
corporation--
``(A) the amount deductible on account of losses
from sales or exchanges of capital assets shall not
exceed the amount includible on account of gains from
sales or exchanges of capital assets; and
``(B) the deduction provided by section 1202 shall
not be allowed.''
(B) Subparagraph (B) of section 172(d)(4) of such Code is
amended by inserting ``, (2)(B),'' after ``paragraph (1)''.
(5)(A) Section 221 of such Code (relating to cross
reference) is amended to read as follows:
``SEC. 221. CROSS REFERENCES.
``(1) For deduction for net capital
gain, see section 1202.
``(2) For deductions in respect of a
decedent, see section 691.''
(B) The table of sections for part VII of subchapter B of
chapter 1 of such Code is amended by striking ``reference'' in
the item relating to section 221 and inserting ``references''.
(6) Paragraph (4) of section 642(c) of such Code is amended
to read as follows:
``(4) Adjustments.--To the extent that the amount otherwise
allowable as a deduction under this subsection consists of gain
from the sale or exchange of capital assets held for more than
1 year, proper adjustment shall be made for any deduction
allowable to the estate or trust under section 1202 (relating
to deduction for net capital gain). In the case of a trust, the
deduction allowed by this subsection shall be subject to
section 681 (relating to unrelated business income).''
(7) Paragraph (3) of section 643(a) of such Code is amended
by adding at the end thereof the following new sentence: ``The
deduction under section 1202 (relating to deduction for net
capital gain) shall not be taken into account.''
(8) Paragraph (6)(C) of section 643(a) of such Code is
amended--
(A) by inserting ``(i)'' before ``there'', and
(B) by inserting ``, and (ii) the deduction under
section 1202 (relating to deduction for excess of
capital gains over capital losses) shall not be taken
into account'' before the period at the end thereof.
(9) Paragraph (4) of section 691(c) of such Code is amended
by striking ``1(h), 1201'' and inserting ``1201, 1202,''.
(10) The second sentence of paragraph (2) of section 871(a)
of such Code is amended by inserting ``such gains and losses
shall be determined without regard to section 1202 (relating to
deduction for net capital gain) and'' after ``except that''.
(11)(A) Subparagraph (B) of section 904(b)(2) of such Code
is amended by striking so much of such subparagraph as precedes
clause (i) and inserting the following:
``(B) Special rules where corporate capital rate
gain differential.--In the case of a corporation, for
any taxable year for which there is a capital gain rate
differential--''.
(B) Subparagraphs (D) and (E) of section 904(b)(3) are
amended to read as follows:
``(D) Capital gain rate differential.--There is a
capital gain rate differential for any taxable year if
any rate of tax imposed by section 11, 511, or 831(a)
or (b) (whichever applies) exceeds the alternative rate
of tax under section 1201(a) (determined without regard
to the last sentence of section 11(b)(1)).
``(E) Rate differential portion.--The rate
differential portion of foreign source net capital
gain, net capital, or the excess of net capital gain
from sources within the United States over net capital
gain, as the case may be, is the same proportion of
such amount as--
``(i) the excess of the highest rate of tax
specified in section 11(b)(1) over the
alternative rate of tax under section 1201(a),
bears to
``(ii) the highest rate of tax specified in
section 11(b)(1).''
(12) Subsection (d) of section 1044 of such Code is amended
by striking the last sentence.
(13) Section 1402(i)(1) of such Code is amended to read as
follows:
``(1) In general.--In determining the net earnings from
self-employment of any options dealer or commodities dealer--
``(A) notwithstanding subsection (a)(3)(A), there
shall not be excluded any gain or loss (in the normal
course of the taxpayer's activity of dealing in or
trading section 1256 contracts) from section 1256
contracts or property related to such contracts, and
``(B) the deduction provided by section 1202 shall
not apply.''
(d) Clerical Amendment.--The table of sections for part I of
subchapter P of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
``Sec. 1202. Deduction for capital
gains.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1994. | Amends the Internal Revenue Code to allow a taxpayer other than a corporation a 100 percent deduction of net capital gain from gross income. Allows such deduction in computing adjusted gross income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide that no capital gains tax shall apply to individuals."} | 1,981 | 41 | 0.540676 | 1.136696 | 0.910853 | 2.942857 | 51.742857 | 0.885714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Administrative Law Judge Conference
of the United States Act''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) in order to promote efficiency, productivity, and the
improvement of administrative functions, to enhance public
service and public trust in the administrative resolution of
disputes, and to enhance the enforcement of the administrative
law provisions of title 5, United States Code, the
Administrative Law Judge Conference of the United States should
be established;
(2) the existing system of permanent agency assignments of
administrative law judges appointed under section 3015 of title
5, United States Code, will be enhanced, by creating the
Administrative Law Judge Conference of the United States and
will serve the public with maximum economy and efficiency;
(3) the Administrative Law Judge Conference of the United
States will enhance legal specialization of administrative law
judges by establishing initial and continuing education
programs, after consulting with the appropriate agency, to
insure that each such judge has the necessary training in the
specialized field of law to hear cases assigned by the agency;
(4) the Administrative Law Judge Conference of the United
States will establish a system of administrative law judge
professional accountability and implement a process to protect
the public by establishing procedures to handle allegations of
judicial misconduct; and
(5) the Administrative Law Judge Conference of the United
States will effect no change in the rulemaking, interpretative,
or policymaking authority of an agency which would retain full
authority to review and change administrative law judge
decisions.
SEC. 3. ESTABLISHMENT OF THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE
UNITED STATES.
(a) In General.--Chapter 5 of title 5, United States Code, is
amended by adding at the end thereof the following new subchapter:
``SUBCHAPTER VI--THE ADMINISTRATIVE LAW JUDGE CONFERENCE OF THE UNITED
STATES
``Sec. 597. Definitions
``For the purposes of this subchapter--
``(1) the term `agency' means an authority referred to in
section 551(1);
``(2) the term `Conference' means the Administrative Law
Judge Conference of the United States established under section
598;
``(3) the term `administrative law judge' means an
administrative law judge appointed under section 3105 before or
after the effective date of this subchapter; and
``(4) the term `chief judge' means the chief administrative
law judge appointed and serving under section 599.
``Sec. 598. Establishment; membership
``(a) Establishment.--There is established the Administrative Law
Judge Conference of the United States consisting of all administrative
law judges in accordance with subsection (b). Such office shall be
administered in Washington, DC.
``(b) Membership.--An administrative law judge serving as such on
the date of the commencement of the operation of the Conference, or who
is appointed to the position of administrative law judge thereafter,
shall be transferred to the Conference for personnel management and
related support functions. Each administrative law judge shall be
assigned to an agency as provided under section 599A.
``Sec. 599. Chief administrative law judge
``(a) Appointment; Term; Pay.--The chief administrative law judge
shall be the chief administrative officer and presiding judge of the
Conference. The chief judge shall be appointed by the President, by and
with the advice and consent of the Senate. The chief judge shall have
served as an administrative law judge for at least 5 years before the
date of appointment. The term of office of the chief judge shall be 5
years or until a successor is appointed and qualifies to serve. A chief
judge may be reappointed by the President, by and with the advice and
consent of the Senate, for 1 additional term upon the expiration of the
term of such judge. The chief judge shall be paid at the rate of 105
percent of basic pay for level IV of the Executive Schedule.
``(b) Service After Term Expires.--After serving as chief judge, an
individual may continue to serve as an administrative law judge unless
such individual has been removed from office in accordance with section
7521.
``(c) Powers of the Chief Judge.--The chief judge shall--
``(1) enhance and develop the administrative law process
and the administrative law judge function and ensure that
adjudications by administrative law judges are conducted in
accordance with sections 553, 554, and 556 and other applicable
law.
``(2) maintain and be the custodian of the personnel file
for each administrative law judge;
``(3) maintain a senior administrative law judge register;
``(4) develop training programs, in coordination with the
agencies, to promote judicial education, specialization, and
efficiency of administrative law judges;
``(5) encourage the efficient use of administrative law
judges through temporary reassignment of administrative law
judges based upon workload;
``(6) consult with agencies and Office of Management and
Budget regarding resources necessary to support administrative
law functions; and
``(7) make rules and procedures to implement this
subchapter and the functions of the Conference.
The chief judge shall make an annual written report to the President
and the Congress including recommendations to improve the
administrative law process.
``(d) Transfer.--All administrative law judge functions currently
performed by the Office of Administrative Law Judges of the United
States Office of Personnel Management shall be transferred to the
Conference.
``Sec. 599A. Administrative law judge
``(a) Assignment to Agencies.--After selection for appointment to
the position of administrative law judge by an agency, the chief judge
shall assign each administrative law judge to such agency for the
adjudication of cases for the agency.
``(b) Agencies.--Each agency with assigned administrative law
judges shall be responsible for the following:
``(1) To provide for all the budget, resources, and support
requirements for each administrative law judge assigned to the
agency.
``(2) To maintain the finance records for each
administrative law judge assigned to the agency.
``(c) Appointment of Agency Chief Judges.--The chief administrative
law judge of each agency shall be appointed by the agency head.
``Sec. 599B. Council of the Administrative Law Judge Conference of the
United States
``(a) In General.--The advisory body on policy of the Conference
shall be the Council of the Administrative Law Judge Conference of the
United States. The chief judge shall preside over the Council.
``(b) Membership.--Membership of the Council shall consist of 6
agency chief judges, a public member, 3 elected administrative law
judges, and the chief judge. In addition to the chief judge, there
shall be 3 permanent members, 3 temporary members, 3 elected
administrative law judges, and 1 public member. The 3 permanent members
shall consist of the agency chief judge from each of the 3 agencies
which have the greatest number of administrative law judges. The 3
temporary members shall be selected by the chief judge, on a rotating
basis, from the agency chief judges of the other agencies that have
administrative law judges. The public member shall be an attorney with
administrative law experience who is selected by the American Bar
Association. Each temporary member and the public member shall serve a
term of 1 year. The 3 elected administrative law judges shall be
selected by popular vote of the currently employed administrative law
judges. Not more than one administrative law judge shall be from the
same agency and they shall serve for a term of 2 years. The chief judge
will conduct the election. The agency of each administrative law judge
serving on the Council shall pay the expenses and per diems of each
administrative law judge for attending Council meetings and performing
Council business.
``(c) Responsibilities.--The Council shall meet at least quarterly
and shall make recommendations to the chief judge relating to the
administrative law process and administrative law judge personnel
matters
``(d) Public Member Compensation.--The public member of the Council
shall be compensated as provided in section 599D(b).
``Sec. 599C. Jurisdiction
``(a) Duties.--An administrative law judge who is a member of the
Conference and who is assigned to an agency shall hear and render a
decision upon every type of claim, case, action, or controversy of
adjudication, subject to the provisions of section 553, 554, or 556,
and for every type of claim, case, action, or controversy assigned to
administrative law judges at the time of the enactment of this
subchapter. An administrative law judge shall adhere to the existing
legal precedent as established by the decisions of the United States
court of appeals for the circuit in which the case is heard.
``(b) Referral of Cases by Courts.--Courts are authorized to refer,
subject to the approval of the chief judge and the parties in the court
proceeding, those cases, or portions thereof, in which they seek an
administrative law judge to act as a special master pursuant to the
provisions of Rule 53(a) of the Federal Rules of Civil Procedure or
otherwise seek an administrative law judge to make findings of fact in
a case on behalf of the referring court, which shall continue to have
exclusive and undiminished jurisdiction over the case. When a court has
referred a case to an administrative law judge, the recommendations,
rulings, and findings of fact of the administrative law judge are
subject to de novo review by the referring court.
``(c) Application of Agency Policy.--The provisions of this
subchapter shall effect no change in--
``(1) an agency's rulemaking, interpretative, or
policymaking authority in carrying out the statutory
responsibilities vested in the agency or agency head;
``(2) the adjudicatory authority of administrative law
judges; or
``(3) the authority of an agency to review decisions of
administrative law judges under any applicable provision of
law.
``Sec. 599D. Removal and discipline
``(a) In General.--The chief judge, upon the recommendation of the
Council of the Administrative Law Conference of the United States and
after providing notice and a period for comment, shall adopt and issue
rules of judicial conduct for administrative law judges. An
administrative law judge may not be removed, suspended, reprimanded, or
disciplined except for misconduct or neglect of duty, as provided in
section 7521, but may be removed for physical or mental disability
(consistent with prohibitions on discrimination otherwise imposed by
law).
``(b) Complaint Resolutions Board.--The rules of the chief judge
under subsection (a) shall contain a Complaints Resolution Board which
consists of both administrative law judges and attorneys. The attorneys
shall be nominated by the American Bar Association. Compensation shall
be paid for work performed by board members, who are not Federal
Government employees, at the level of AL-3, rate C under section 5372 ,
plus expenses and per diems authorized employees of agencies under
subchapter I of chapter 57 . The agency that employs the administrative
law judge, who is the subject of the complaint, shall pay all expenses,
per diem, and costs relating to the disciplinary action.
``(c) Complaint.--(1) A complaint against an administrative law
judge shall be in writing and filed with the chief judge. The chief
judge may--
``(A) dismiss the complaint, if the chief judge finds the
complaint to be--
``(i) directly related to the merits of a decision
or procedural ruling; or
``(ii) frivolous;
``(B) conclude the proceeding if the chief judge finds that
appropriate corrective action has been taken or that action on
the complaint is no longer necessary because of intervening
events; or
``(C) refer the complaint to the Complaints Resolution
Board.
``(2) A panel selected from the Complaints Resolution Board, and
consisting of 2 administrative law judges and 1 attorney, shall conduct
an investigation of the complaint, may hold a hearing, and shall issue
findings and recommendations. The recommendations of the panel shall
include one of the following:
``(A) dismissal of all or part of the complaint;
``(B) direct informal reprimand;
``(C) direct formal reprimand;
``(D) suspension; or
``(E) referral to the Merit Systems Protections Board for
further proceedings under section 7521.
The recommendations of the panel are binding on the chief judge, but if
the administrative law judge does not accept the recommendations of the
panel, the agency may petition the Merit Systems Protections Board as
provided under section 7521.''.
SEC. 4. MISCELLANEOUS
(a) Satisfaction of Other Procedural Requirements.--Compliance with
subchapter VI of chapter 5 of title 5, United States Code, shall
satisfy all requirements imposed under section 916 of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for fiscal year 1999 for the Administrative Law
Judge Conference of the United States.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 5 of title 5, United States Code, is amended by adding at the
end thereof the following:
``subchapter vi--the administrative law judge conference of the united
states
``597. Definitions.
``598. Establishment; membership.
``599. Chief administrative law judge.
``599A. Administrative law judges.
``599B. Council of the Administrative Law Judge Conference of the
United States.
``599C. Jurisdiction.
``599D. Removal and discipline.''.
SEC. 5. TRANSITION PROVISIONS.
(a) Transfers.--There shall be transferred to the Conference the
personnel, assets, property, unexpended balances of appropriations,
allocations, and other funds employed and held by the United States
Office of Personnel Management and relating to the administrative law
function administered by the United States Office of Personnel
Management. Appropriations, authorizations, allocations, and other
funds paid or transferred by agencies to the United States Office of
Personnel Management for the administration of the administrative law
judge function shall, after the date of the enactment of this Act, be
paid or transferred to the Conference.
(b) Collective Bargaining Agreements.--Collective bargaining
agreements, relating to personnel transferred by subsection (a), shall
remain in effect according to the terms thereof.
(c) Disputes.--The Director of the Office of Management and Budget,
at such time or times as the Director may provide, shall make such
determinations as may be necessary with regard to any dispute arising
from the transfer of personnel or assets by subsection (a).
SEC. 6. OPERATION OF THE CONFERENCE.
Operation of the Administrative Law Judge Conference of the United
States shall commence on the date the first chief judge of the
Conference takes office under section 599 of title 5, United States
Code.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall take effect 120 days after the date of the enactment of
this Act. | Administrative Law Judge Conference of the United States Act - Establishes the Administrative Law Judge Conference of the United States to consist of all administrative law judges.
Makes the chief administrative law judge the chief administrative officer and presiding judge of the Conference. Requires the chief judge to be appointed by the President, by and with the advice and consent of the Senate, and to have served as an administrative law judge for at least five years before the date of appointment.
Sets forth provisions regarding: (1) the chief judge's term of office, rate of pay, and service as an administrative law judge after expiration of that term; and (2) powers of the chief judge (including to enhance the administrative law process, develop training programs, and encourage the efficient use of administrative law judges through temporary reassignment based upon workload).
Transfers all administrative law judge functions currently performed by the Office of Administrative Law Judges of the U.S. Office of Personnel Management to the Conference.
Directs that the chief judge assign administrative law judges to agencies for the adjudication of agency cases. Makes each agency responsible for providing all administrative law judge budget, resources, and support requirements, for maintaining administrative law judge finance records, and for appointing the chief administrative law judge for the agency.
Declares that the advisory body on policy of the Conference shall be the Council of the Administrative Law Judge Conference of the United States, with the chief judge presiding over the Council. Sets forth provisions regarding Council membership, responsibilities, public member compensation, administrative law judge duties, case referrals, and application of agency policy.
Directs the chief judge, upon the Council's recommendation and after providing notice and a period for comment, to adopt and issue rules of judicial conduct for administrative law judges. Prohibits an administrative law judge from being removed, suspended, reprimanded, or disciplined except for misconduct or neglect, or for physical or mental disability.
Requires the rules of the chief judge to contain a Complaints Resolution Board which consists of both administrative law judges and attorneys, at a specified rate of compensation. Sets forth complaint and transition procedures. Authorizes appropriations for FY 1999 for the Conference. | {"src": "billsum_train", "title": "Administrative Law Judge Conference of the United States Act"} | 3,313 | 469 | 0.624501 | 1.948676 | 0.785386 | 4.195755 | 7.337264 | 0.917453 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fugitive Apprehension Act of 2000''.
SEC. 2. FUGITIVE APPREHENSION TASK FORCES.
(a) In General.--The Attorney General shall, upon consultation with
appropriate Department of Justice and Department of the Treasury law
enforcement components, establish permanent Fugitive Apprehension Task
Forces consisting of Federal, State, and local law enforcement
authorities in designated regions of the United States, to be directed
and coordinated by the United States Marshals Service, for the purpose
of locating and apprehending fugitives.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Marshal Service to carry out the
provisions of this section $30,000,000 for the fiscal year 2001,
$5,000,000 for fiscal year 2002, and $5,000,000 for fiscal year 2003.
(c) Other Existing Applicable Law.--Nothing in this section shall
be construed to limit any existing authority under any other provision
of Federal or State law for law enforcement agencies to locate or
apprehend fugitives through task forces or any other means.
SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPREHEND FUGITIVES.
(a) In General.--Chapter 49 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 1075. Administrative subpoenas to apprehend fugitives
``(a) Definitions.--In this section:
``(1) Fugitive.--The term `fugitive' means a person who--
``(A) having been accused by complaint,
information, or indictment under Federal law or having
been convicted of committing a felony under Federal
law, flees or attempts to flee from or evades or
attempts to evade the jurisdiction of the court with
jurisdiction over the felony;
``(B) having been accused by complaint,
information, or indictment under State law or having
been convicted of committing a felony under State law,
flees or attempts to flee from, or evades or attempts
to evade, the jurisdiction of the court with
jurisdiction over the felony;
``(C) escapes from lawful Federal or State custody
after having been accused by complaint, information, or
indictment or having been convicted of committing a
felony under Federal or State law; or
``(D) is in violation of subparagraph (2) or (3) of
the first undesignated paragraph of section 1073.
``(2) Investigation.--The term `investigation' means, with
respect to a State fugitive described in subparagraph (B) or
(C) of paragraph (1), an investigation in which there is reason
to believe that the fugitive fled from or evaded, or attempted
to flee from or evade, the jurisdiction of the court, or
escaped from custody, in or affecting, or using any facility
of, interstate or foreign commerce, or as to whom an
appropriate law enforcement officer or official of a State or
political subdivision has requested the Attorney General to
assist in the investigation, and the Attorney General finds
that the particular circumstances of the request give rise to a
Federal interest sufficient for the exercise of Federal
jurisdiction pursuant to section 1075.
``(3) State.--The term `State' means a State of the United
States, the District of Colombia, and any commonwealth,
territory, or possession of the United States.
``(b) Subpoenas and Witnesses.--
``(1) Subpoenas.--In any investigation with respect to the
apprehension of a fugitive, the Attorney General may subpoena
witnesses for the purpose of the production of any records
(including books, papers, documents, electronic data, and other
tangible and intangible items that constitute or contain
evidence) that the Attorney General finds, based on articulable
facts, are relevant to discerning the whereabouts of the
fugitive. A subpoena under this subsection shall describe the
records or items required to be produced and prescribe a return
date within a reasonable period of time within which the
records or items can be assembled and made available.
``(2) Witnesses.--The attendance of witnesses and the
production of records may be required from any place in any
State or other place subject to the jurisdiction of the United
States at any designated place where the witness was served
with a subpoena, except that a witness shall not be required to
appear more than 500 miles distant from the place where the
witness was served. Witnesses summoned under this section shall
be paid the same fees and mileage that are paid witnesses in
the courts of the United States.
``(c) Service.--
``(1) Agent.--A subpoena issued under this section may be
served by any person designated in the subpoena as the agent of
service.
``(2) Natural person.--Service upon a natural person may be
made by personal delivery of the subpoena to that person or by
certified mail with return receipt requested.
``(3) Corporation.--Service may be made upon a domestic or
foreign corporation or upon a partnership or other
unincorporated association that is subject to suit under a
common name, by delivering the subpoena to an officer, to a
managing or general agent, or to any other agent authorized by
appointment or by law to receive service of process.
``(4) Affidavit.--The affidavit of the person serving the
subpoena entered on a true copy thereof by the person serving
it shall be proof of service.
``(d) Contumacy or Refusal.--
``(1) In general.--In the case of the contumacy by or
refusal to obey a subpoena issued to any person, the Attorney
General may invoke the aid of any court of the United States
within the jurisdiction of which the investigation is carried
on or of which the subpoenaed person is an inhabitant, or in
which he carries on business or may be found, to compel
compliance with the subpoena. The court may issue an order
requiring the subpoenaed person to appear before the Attorney
General to produce records if so ordered.
``(2) Contempt.--Any failure to obey the order of the court
may be punishable by the court as contempt thereof.
``(3) Process.--All process in any case to enforce an order
under this subsection may be served in any judicial district in
which the person may be found.
``(4) Rights of subpoena recipient.--Not later than 20 days
after the date of service of an administrative subpoena under
this section upon any person, or at any time before the return
date specified in the subpoena, whichever period is shorter,
such person may file, in the district within which such person
resides, is found, or transacts business, a petition to modify
or quash such subpoena on grounds that--
``(A) the terms of the subpoena are unreasonable or
unnecessary;
``(B) the subpoena fails to meet the requirements
of this section; or
``(C) the subpoena violates the constitutional
rights or any other legal rights or privilege of the
subpoenaed party.
``(e) Report.--
``(1) In general.--The Attorney General shall report in
January of each year to the Committees on the Judiciary of the
Senate and the House of Representatives on the number of
administrative subpoenas issued under this section, whether
each matter involved a fugitive from Federal or State charges,
and identification of the agency or component of the Department
of Justice issuing the subpoena and imposing the charges.
``(2) Expiration.--The reporting requirement of this
subsection shall terminate in 3 years after the date of
enactment of this section.
``(f) Guidelines.--
``(1) In general.--The Attorney General shall issue
guidelines governing the issuance of administrative subpoenas
pursuant to this section.
``(2) Review.--The guidelines required by this subsection
shall mandate that administrative subpoenas may be issued only
after review and approval of senior supervisory personnel
within the respective investigative agency or component of the
Department of Justice.
``(g) Delayed Notice.--
``(1) In general.--Where an administrative subpoena is
issued under this section to a provider of electronic
communication service (as defined in section 2510 of this
title) or remote computing service (as defined in section 2711
of this title), the Attorney General may--
``(A) in accordance with section 2705(a) of this
title, delay notification to the subscriber or customer
to whom the record pertains; and
``(B) apply to a court, in accordance with section
2705(b) of this title, for an order commanding the
provider of electronic communication service or remote
computing service not to notify any other person of the
existence of the subpoena or court order.
``(2) Subpoenas for financial records.--If a subpoena is
issued under this section to a financial institution for
financial records of any customer of such institution, the
Attorney General may apply to a court under section 1109 of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) for an
order to delay customer notice as otherwise required.
``(3) Nondisclosure requirements.--
``(A) In general.--Except as provided in paragraphs
(1) and (2), the Attorney General may apply to a court
for an order requiring the party to whom an
administrative subpoena is directed to refrain from
notifying any other party of the existence of the
subpoena or court order for such period as the court
deems appropriate.
``(B) Order.--The court shall enter such order if
it determines that there is reason to believe that
notification of the existence of the administrative
subpoena will result in--
``(i) endangering the life or physical
safety of an individual;
``(ii) flight from prosecution;
``(iii) destruction of or tampering with
evidence;
``(iv) intimidation of potential witnesses;
or
``(v) otherwise seriously jeopardizing an
investigation or undue delay of a trial.
``(h) Immunity From Civil Liability.--Any person, including
officers, agents, and employees, who in good faith produce the records
or items requested in a subpoena shall not be liable in any court of
any State or the United States to any customer or other person for such
production or for nondisclosure of that production to the customer, in
compliance with the terms of a court order for nondisclosure.''.
(b) Technical and Conforming Amendment.--The analysis for chapter
49 of title 18, United States Code, is amended by adding at the end the
following:
``1075. Administrative subpoenas to apprehend fugitives.''.
SEC. 4. STUDY AND REPORT OF THE USE OF ADMINISTRATIVE SUBPOENAS.
Not later than December 31, 2001, the Attorney General, in
consultation with the Secretary of the Treasury, shall complete a study
on the use of administrative subpoena power by executive branch
agencies or entities and shall report the findings to the Committees on
the Judiciary of the Senate and the House of Representatives. Such
report shall include--
(1) a description of the sources of administrative subpoena
power and the scope of such subpoena power within executive
branch agencies;
(2) a description of applicable subpoena enforcement
mechanisms;
(3) a description of any notification provisions and any
other provisions relating to safeguarding privacy interests;
(4) a description of the standards governing the issuance
of administrative subpoenas; and
(5) recommendations from the Attorney General regarding
necessary steps to ensure that administrative subpoena power is
used and enforced consistently and fairly by executive branch
agencies.
Passed the Senate July 26, 2000.
Attest:
GARY SISCO,
Secretary. | (Sec. 3) Authorizes the Attorney General, in any investigation with respect to the apprehension of a fugitive, to subpoena witnesses for the production of relevant records from any place subject to U.S. jurisdiction, except that a witness shall not be required to appear more than 500 miles distant from the place where the witness was served. Allows a person to file a petition to modify or quash such subpoena on specified grounds. Directs the Attorney General to: (1) report each January to the Senate and House Judiciary Committees on the number of administrative subpoenas issued under this section, on whether each matter involved a fugitive from Federal or State charges, and on the agency or component of DOJ issuing the subpoena and imposing the charges (terminates this requirement in three years); and (2) issue guidelines governing the issuance of such subpoenas.
Authorizes the Attorney General: (1), where such a subpoena is issued to a provider of electronic communication service (ECS), to delay notification to the subscriber or customer to whom the record pertains and to apply to a court for an order commanding the provider of ECS or remote computing service not to notify any other person of the existence of the subpoena or court order; (2) if such a subpoena is issued to a financial institution for a customer's financial records, to apply to a court for an order to delay customer notice; and (3) to require the party to whom an administrative subpoena is directed to refrain from notifying any other party of the existence of the subpoena or court order for such period as the court deems appropriate. (Directs the court to enter such an order if it determines that notification of the existence of the subpoena will result in endangering the life or physical safety of an individual, flight from prosecution, destruction of or tampering with evidence, intimidation of potential witnesses, or otherwise seriously jeopardizing an investigation or undue delay of a trial.
Provides that any person who, in good faith, produces the records or items requested in a subpoena shall not be liable in any Federal or State court to any other person for such production or for compliance with the terms of a court order for non-disclosure.
(Sec. 4) Directs the Attorney General to complete a study on the use of administrative subpoena power by executive branch entities and to report the findings to the Senate and House Judiciary Committees. | {"src": "billsum_train", "title": "Fugitive Apprehension Act of 2000"} | 2,778 | 584 | 0.472453 | 1.57408 | 0.537424 | 4.617391 | 5.136957 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teacher Mentoring Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) High-quality teaching is essential to improving the
Nation's educational system.
(2) High teacher turnover rates severely hamper the ability
to create and maintain a high-quality teaching and learning
environment.
(3) Approximately one-third of the Nation's new teachers
leave the teaching profession during their first 3 years of
teaching, and almost one-half leave during their first 5 years
of teaching.
(4) Turnover is highest in low-income schools, where the
turnover rate is almost one-third higher than the corresponding
rate for all teachers in all schools.
(5) Teachers who have left the profession report that
better support for beginning teachers is among the 5 top policy
reforms that would help school systems retain more teachers.
(6) Teachers without mentoring programs have been shown to
leave the profession at a rate almost 70 percent higher than
those with mentoring programs.
(7) It is in the best interest of the United States to
ensure that all students have access to a high-quality
education through the promotion of mentoring programs that
assist in the development of highly qualified teachers,
particularly in low-income areas.
SEC. 3. GRANTS FOR TEACHER MENTORING PROGRAMS.
(a) Grants.--Part C of title II of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6671 et seq.) is amended by adding at
the end the following:
``Subpart 6--Teacher Mentoring Programs
``SEC. 2371. GRANT PROGRAM.
``(a) Establishment.--For the purpose of providing guidance and
assistance to new teachers and improving teacher quality, the Secretary
may award grants on a competitive basis to local educational agencies
to establish or implement teacher mentoring programs.
``(b) Use of Funds.--The Secretary may not award a grant under this
section to a local educational agency unless the agency agrees to use
the grant to establish or implement a teacher mentoring program that--
``(1) will establish and implement minimum qualifications
for mentors;
``(2) will provide training and stipends for mentors;
``(3) will provide mentoring programs for teachers in their
first year of teaching;
``(4) will provide regular and ongoing opportunities for
mentors and mentees to observe each other's teaching methods in
classroom settings during the school day;
``(5) will establish an evaluation and accountability plan
for activities conducted under such grant that includes
rigorous objectives to measure the impact of such activities;
and
``(6) will report to the Secretary on an annual basis
regarding the agency's progress in meeting the objectives
described in paragraph (5).
``(c) Low-Performing Schools.--The Secretary may not award a grant
under this section to a local educational agency unless the agency
agrees that, in establishing or implementing a teacher mentoring
program with the grant, the agency will prioritize funding for
mentoring activities at elementary and secondary schools which the
agency identifies under section 1116(b) as failing to make adequate
yearly progress.
``(d) Duration.--Each grant awarded under this section shall be for
a period of 3 years.
``SEC. 2372. LOW-INCOME LOCAL EDUCATIONAL AGENCIES.
``(a) Priority.--Of the grants awarded under section 2371 for any
fiscal year, the Secretary shall award not less than 50 percent of such
grants to low-income local educational agencies.
``(b) Definition.--For purposes of this section, the term `low-
income local educational agency' means a local educational agency for
which--
``(1) not less that 30 percent of the children served by
the agency are from families with incomes below the poverty
line; and
``(2)(A) there is a high percentage of out-of-field
teachers (as that term is defined at section 2102);
``(B) the number or percentage of unfilled teaching
positions at the schools served by such agency is higher than
the corresponding number or percentage for not less than 75
percent of all the local educational agencies in the State; or
``(C) there is a high teacher turnover rate.
``SEC. 2373. EQUITABLE DISTRIBUTION.
``In awarding grants under this section, the Secretary should seek
to ensure an equitable geographic distribution among the regions of the
United States and among local educational agencies located in urban,
rural, and suburban areas.
``SEC. 2374. APPLICATION.
``To seek a grant under this section, a local educational agency
shall, at such time and in such manner as the Secretary may require,
submit an application to the Secretary containing the following:
``(1) A plan for establishing a mentor program described in
this subpart.
``(2) A description of how the activities to be carried out
under the program will improve new teacher experiences and
increase teacher retention rates.
``(3) A description of the research on teacher mentoring
that is the basis for the plan.
``(4) A description of the evaluation and accountability
plan to be established.
``(5) Such other information as the Secretary may require.
``SEC. 2375. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as may be necessary for each of fiscal years 2004 through
2009.''.
(b) Conforming Amendment.--The table of contents at section 2 of
the Elementary and Secondary Education Act of 1965 is amended by
inserting after the item relating to section 2368 the following:
``Subpart 6--Teacher Mentoring Programs
``Sec. 2371. Grant program.
``Sec. 2372. Low-income local educational agencies.
``Sec. 2373. Equitable distribution.
``Sec. 2374. Application.
``Sec. 2375. Authorization of appropriations.''.
(c) Report.--Not less than 3 years after the date of the first
award of a grant under the program established by the amendments made
by this section, the Secretary of Education shall submit a report to
the Congress on the results of such program, including the impact of
mentoring programs assisted under this Act on teacher retention rates. | Teacher Mentoring Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to make competitive three-year grants to local educational agencies (LEAs) to establish or implement teacher mentoring programs to guide and assist new teachers and improve teacher quality.Requires such programs to provide: (1) training and stipends for mentors; (2) mentoring programs for teachers in their first year of teaching; and (3) regular and ongoing opportunities for mentors and mentees to observe each other's teaching methods in classroom settings during the school day. Requires such programs to establish: (1) minimum qualifications for mentors; and (2) an evaluation and accountability plan for, and report on, program activities.Requires LEAs, in using such program grants, to prioritize funding for mentoring activities at elementary and secondary schools which the LEA identifies under ESEA as failing to make adequate yearly progress.Directs the Secretary to: (1) award at least 50 percent of such grants to low-income LEAs; and (2) report to Congress on program results, including impact on teacher retention rates. | {"src": "billsum_train", "title": "To authorize grants to local educational agencies for teacher mentoring programs."} | 1,394 | 241 | 0.661389 | 1.87645 | 1.034735 | 3.796296 | 6.115741 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Los Padres National Forest Land
Exchange Act''.
SEC. 2. LAND EXCHANGE, LOS PADRES NATIONAL FOREST, CALIFORNIA.
(a) Land Exchange.--In exchange for all right, title, and interest
of the United Water Conservation District of California (in this
section referred to as the ``District'') in and to the lands described
in subsection (b), the Secretary of Agriculture may convey to the
District all right, title, and interest of the United States in and to
the National Forest System lands described in subsection (c). The
conveyance of National Forest System lands under this section shall be
subject to valid existing rights and to such terms, conditions, and
reservations as may be required by this section or considered necessary
by the Secretary.
(b) Lands To Be Conveyed by District.--The lands to be conveyed by
the District under subsection (a) consist of approximately 340 acres
located within township 5 north, range 18 west, San Bernardino base and
meridian and are more fully described as follows:
(1) ``Tract A''--SE1/4NE1/4 of section 16 (approximately 40
acres).
(2) ``Tract B''--NE1/4SE1/4 of section 16 (approximately 40
acres).
(3) ``Tract C''--S1/2SE1/4 of section 16 (approximately 80
acres).
(4) ``Tract D''--NE1/4 of section 21 (approximately 160
acres).
(5) ``Tract E''--N1/2SW1/4SW1/4 of section 15
(approximately 20 acres).
(c) Lands To Be Conveyed by Secretary.--The National Forest System
lands to be conveyed by the Secretary under subsection (a) consist of
approximately 440 acres located within township 5 north, range 18 west,
San Bernardino base and meridian and are more fully described as
follows:
(1) ``Tract 1''--E1/2SW1/4 of section 10 (approximately 80
acres).
(2) ``Tract 2''--NE1/4NW1/4 of section 15 (approximately 40
acres).
(3) ``Tract 3''--S1/2SW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(4) ``Tract 4''--N1/2S1/2S1/2SE1/4 of section 15
(approximately 20 acres).
(5) ``Tract 5''--S1/2N1/2SW1/4SE1/4 of section 15
(approximately 10 acres).
(6) ``Tract 6''--N1/2NW1/4SW1/4SE1/4 of section 15
(approximately 5 acres).
(7) ``Tract 7''--SW1/4SE1/4 of section 15 (approximately
2.5 acres).
(8) ``Tract 8''--S1/2NW1/4SE1/4SE1/4 of section 15
(approximately 5 acres).
(9) ``Tract 9''--SW1/4NE1/4SE1/4SE1/4 of section 15
(approximately 2.5 acres).
(10) ``Tract 10''--W1/2W1/2NW1/4SE1/4 of section 15
(approximately 10 acres).
(11) ``Tract 11''--SE1/4SW1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(12) ``Tract 12''--SW1/4SE1/4NW1/4SE1/4 of section 15
(approximately 2.5 acres).
(13) ``Tract 13''--W1/2W1/2SW1/4NE1/4 of section 15
(approximately 10 acres).
(14) ``Tract 14''--SW1/4SW1/4NE1/4 of section 22
(approximately 10 acres).
(15) ``Tract 15''--NW1/4NW1/4NW1/4NE1/4 of section 22
(approximately 2.5 acres).
(16) ``Tract 16''--SW1/4NW1/4SW1/4NE1/4 of section 22
(approximately 2.5 acres).
(17) ``Tract 17''--W1/2NW1/4SE1/4 of section 22
(approximately 20 acres).
(18) ``Tract 18''--SW1/4SE1/4 of section 22 (approximately
40 acres).
(19) ``Tract 19''--E1/2SW1/4 of section 22 (approximately
80 acres).
(20) ``Tract 20''--N1/2NW1/4SW1/4 of section 22
(approximately 20 acres).
(21) ``Tract 21''--W1/2NE1/4 of section 27 (approximately
60 acres).
(22) ``Tract 22''--NE1/4SW1/4NW1/4 of section 27
(approximately 10 acres).
(d) Implementation of Land Exchange.--
(1) Maps; public availability.--The lands to be exchanged
under this section are depicted on maps entitled ``Los Padres
National Forest Land Exchange'' and dated June 1, 2005. The
maps shall be on file and available for public inspection in
appropriate offices of the Forest Service until completion of
the land exchange. The Secretary may also correct errors in the
maps or the accompanying legal descriptions.
(2) Modification of statutory terms of exchange.--By mutual
agreement to facilitate the land exchange under this section,
the Secretary and the District may reduce the number of tracts
of land involved in the land exchange or adjust the legal
descriptions specified in subsections (b) and (c) and the
boundaries depicted on the maps referred to in paragraph (1)
based upon the environmental analysis conducted and public
input obtained in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(3) Priority for completion.--The Secretary shall order
completion of the land exchange under this section to be a
priority for the Forest Service, which shall endeavor to
complete the land exchange within one year after the date of
the enactment of this Act.
(4) Administrative costs.--The costs of conducting the land
exchange under this section shall be shared equally by the
District and the Secretary. The costs to be shared include
expenditures incurred for survey, mapping, appraisals, closing
costs, recording fees, and similar expenditures, but do not
include staff salaries, administrative overhead, attorney fees,
the cost of construction required by subsection (e)(2), or the
costs to cure any title defects.
(5) Title standards.--The Secretary shall require that
title to the District lands to be acquired by the Secretary
under this section is in conformity with the title standards of
the Attorney General.
(e) Easements and Access.--
(1) Reservation.--In the conveyance of the National Forest
System lands under this section, the Secretary shall reserve
easements for all roads and trails that the Secretary considers
to be necessary or desirable to provide for administrative
purposes and to ensure public access to National Forest System
lands. In particular, the Secretary shall reserve perpetual
unrestricted rights of pedestrian and equestrian access over
all existing roads and trails.
(2) Construction of parking lot.--As a condition on the
receipt of National Forest System lands under this section, the
District shall agree to construct a gravel parking area upon
District lands to provide access to the Potholes trail of the
Los Padres National Forest. The site design for the parking
area shall be subject to the approval by the Secretary. The
District may reasonably regulate vehicular access to the
parking area in accordance with rules and regulations
promulgated in accordance with applicable law.
(f) Partial Revocation of Withdrawals.--The public lands
withdrawals provided by the Act of May 29, 1928 (Chapter 868; 45 Stat.
956), Power Site Classification No. 414-USGS, June 22, 1951, FERC Power
Project No. 2153, January 15, 1957, and Forest Service Land Order No.
3338, February 28, 1964, are hereby revoked insofar as they effect the
National Forest System lands conveyed under this section.
(g) Water Rights.--The land exchange under this section does not
include any water rights owned by the District or the United States.
(h) Cash Equalization.--
(1) Equal value exchange.--Subject to paragraph (2), the
land exchange under this section shall be conducted on an equal
value basis, as determined by the appraisal done in conformity
with the Uniform Appraisal Standards for Federal Lands
Standards for Acquisition and Forest Service appraisal
instructions.
(2) Limits waived.--The values of the lands to be exchanged
under this section may be equalized through the payment of a
cash equalization payment in an amount in excess of the
statutory limit specified in section 206 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716).
(3) Disposition and use of funds.--Any cash equalization
payment received by the Secretary under this section shall be
deposited into the fund established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The payment
shall be available to the Secretary for expenditure, without
further appropriation and until expended, for the acquisition,
construction, or improvement of administrative or recreational
facilities for the Los Padres National Forest in Ventura
County, Santa Barbara County, and San Luis Obispo County,
California, or for the acquisition of land or interests in land
in such counties.
(i) Effect of Exchange; Management of Acquired Lands.--For purposes
of section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundaries of the Los Padres National Forest, as
adjusted as a result of the land exchange under this section, shall be
considered to be the boundaries of that national forest as of January
1, 1965. The District lands acquired by the Secretary under this
section shall be added to and administered as part of the Los Padres
National Forest in accordance with the laws and regulations applicable
to that national forest. | Los Padres National Forest Land Exchange Act - Authorizes the Secretary of Agriculture to convey specified National Forest System (NFS) lands to the United Water Conservation District of California in exchange for the conveyance of specified non-federal lands to the Secretary by the District.
Makes the completion of such land exchange a priority for the Forest Service. Instructs the Forest Service to endeavor to complete the exchange within one year after the enactment of this Act.
Requires the Secretary to reserve easements for all trails and roads that are considered necessary to provide for administrative purposes and to ensure public access to the NFS lands. | {"src": "billsum_train", "title": "To provide for an exchange of lands between the Secretary of Agriculture and the United Water Conservation District of California to eliminate certain private inholdings in the Los Padres National Forest, and for other purposes."} | 2,356 | 137 | 0.50767 | 1.321033 | 0.677544 | 3.217391 | 15.765217 | 0.93913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Securing Aircraft From Explosives
Responsibly: Advanced Imaging Recognition Act of 2010'' or ``SAFER AIR
Act of 2010''.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) On December 25, 2009, Umar Farouk Abdulmutallab, a
national of Nigeria, allegedly attempted to detonate a
concentration of pentaerythritol tetranitrate aboard Northwest
Airlines Flight 253 as the aircraft prepared to land in
Detroit, Michigan.
(2) Pentaerythritol tetranitrate is an explosive chemical
compound that cannot be detected by conventional metal
detection devices like those that Mr. Abdulmutallab allegedly
passed through at airport checkpoints in Nigeria and the
Netherlands.
(3) However, detection devices employing advanced imaging
technology (formerly known as whole-body imaging), and other
technologies currently available, such as trace detection
equipment, can be used to identify or detect on-body plastic
explosives and other nonmetallic explosives, including
pentaerythritol tetranitrate, as well as other materials that
can be used as weapons.
(4) Despite these capabilities, advanced imaging technology
has not been fully deployed in the United States or abroad.
Through 2009, the Department of Homeland Security used 40
advanced imaging technology units in 19 airports in the United
States. Only 6 of those airports used advanced imaging for
primary screening, and only then in a limited role at the
airport.
(5) The Department of Homeland Security has announced plans
to deploy 950 additional advanced imaging technology units
through fiscal year 2011, for use at approximately 2,200
checkpoints at commercial airports.
(6) Other detection technologies complement, and may be
used in combination with, advanced imaging technology units as
part of a multi-layered approach at the airport checkpoint, and
need to be tested and deployed more consistently. These
technologies include devices that detect traces of explosives
from swabs of passengers or carry-on baggage and advanced
technology machines that conduct multiple-view examinations of
carry-on baggage.
(b) Sense of Congress on Privacy Concerns Related to the Use of
Advanced Imaging Technology.--It is the sense of Congress that the
Department of Homeland Security should--
(1) increase efforts to address privacy concerns with
respect to the screening of passengers at airports using
advanced imaging technology; and
(2) conduct additional lab and operational testing of
advanced imaging technology and deploy, in a reasonable period
of time, technology--
(A) to standardize images produced using advanced
imaging technology;
(B) to remove personally identifying
characteristics from the images viewed by
transportation security officers, while providing such
officers with the information necessary to make a clear
assessment of the threat posed by individual
passengers; and
(C) to upgrade equipment to be able to detect new
threats without major capital expenditures.
SEC. 3. POLICY OF THE UNITED STATES WITH RESPECT TO PRIMARY SCREENING
TECHNOLOGIES AT AIRPORT CHECKPOINTS.
It is the policy of the United States to aggressively seek,
develop, and deploy, in a timely fashion and in sufficient numbers,
primary screening technologies capable of detecting and protecting
against threats to domestic and international aviation travel that
cannot be effectively and efficiently detected by other technologies
currently more commonly utilized in airports, such as metal detection.
SEC. 4. USE OF ADVANCED TECHNOLOGY FOR SCREENING AIRCRAFT PASSENGERS.
Section 44901 of title 49, United States Code, is amended by adding
at the end the following:
``(l) Use of Advanced Technology for Screening Passengers.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that advanced imaging technology and other advanced
technology with the capability to detect weapons, on-body
plastic explosives, and other nonmetallic explosives, are
deployed, individually or in combination with each other, in a
timely and effective manner for the primary screening of
aircraft passengers in accordance with this subsection.
``(2) Technological and operational certification.--
``(A) In general.--Not later than 30 days after the
date of the enactment of the Securing Aircraft From
Explosives Responsibly: Advanced Imaging Recognition
Act of 2010, the Secretary of Homeland Security shall
certify to Congress that--
``(i) the Department of Homeland Security
has the capacity to deploy advanced technology
described in subparagraph (B) at airport
checkpoints to detect weapons, on-body plastic
explosives, and other nonmetallic explosives;
and
``(ii) those technologies will be deployed
at each airport checkpoint in the United States
by 2013 in sufficient quantities to detect and
deter operational threats from weapons, on-body
plastic explosives, and other nonmetallic
explosives.
``(B) Advanced technology described.--Advanced
technology described in this subparagraph is--
``(i) advanced imaging technology; or
``(ii) such other technology as the
Secretary of Homeland Security determines, and
certifies to Congress--
``(I) provides a capability to
detect weapons, on-body plastic
explosives, and other nonmetallic
explosives that is comparable to, or
greater than, the capability to detect
such weapons and explosives provided by
advanced imaging technology; and
``(II) will be used in a manner
suitable to detect such weapons and
explosives.
``(3) Primary screening of passengers.--
``(A) In general.--Except as provided in
subparagraph (B), all primary screening of passengers
shall be conducted using advanced imaging technology or
another advanced technology described in paragraph
(2)(B)(ii).
``(B) Alternative screening method for passengers
with privacy concerns.--
``(i) In general.--The Secretary of
Homeland Security shall provide passengers with
an option for primary screening other than the
use of advanced imaging technology or another
advanced technology described in paragraph
(2)(B)(ii).
``(ii) Options.--The alternative option for
primary screening provided to passengers under
clause (i) shall be either--
``(I) to both pass through a metal
detector and undergo a pat-down search;
or
``(II) screening using such other
method or combination of methods for
screening passengers as the Secretary
determines, and certifies to Congress,
is appropriate and effective.
``(C) Provision of information.--Passengers shall
be provided with--
``(i) information regarding the images
produced by advanced imaging technology to
detect on-body plastic explosives and other
nonmetallic explosives;
``(ii) information regarding the privacy
protections provided under paragraph (4); and
``(iii) sufficiently detailed notice and an
explanation of the alternative option for
primary screening provided to passengers under
subparagraph (B).
``(4) Privacy protections for passengers.--
``(A) Nonretention of images.--Except as provided
in subparagraph (B)(ii), all advanced imaging
technology equipment used by the Department of Homeland
Security at an airport checkpoint shall be configured
so that images produced using the equipment--
``(i) cannot be stored, transferred,
copied, or printed; and
``(ii) are permanently removed from the
screen after the passenger is cleared to pass
through the airport checkpoint.
``(B) Standardization and blurring of images.--
``(i) In general.--The Secretary of
Homeland Security shall ensure that any
advanced imaging technology equipment used by
the Department of Homeland Security to screen
passengers be configured so that--
``(I) all facial features on a
passenger's image are blurred; and
``(II) passenger images are
standardized to the greatest extent
possible while allowing for detection
of individual on-body threats.
``(ii) Transfer of nonstandardized
images.--An image produced using advanced
imaging technology that shows personal or
nonstandardized images shall be transferred
using a secure connection to a location that
enables an employee of the Department of
Homeland Security to view the image without
risking the exposure of the image to the
public.
``(C) Prohibition on presence of cameras while
viewing images.--An employee of the Department of
Homeland Security viewing an image of a passenger
produced using advanced imaging technology--
``(i) may not have a camera or cell phone
present; and
``(ii) if viewing the image in a location
described in subparagraph (B)(ii), shall
communicate with other employees of the
Department of Homeland Security using a
wireless headset or another comparable method
of communication that does not allow for the
transmission of the image.
``(5) Reports.--
``(A) Department of homeland security.--Not later
than 1 year after the date of the enactment of the
Securing Aircraft From Explosives Responsibly: Advanced
Imaging Recognition Act of 2010, and every 2 years
thereafter, the Secretary of Homeland Security shall
submit to Congress a report on the implementation of
this subsection that includes--
``(i) an assessment of existing and
emerging threats presented by on-body plastic
explosives, other nonmetallic explosives, and
other items undetectable by conventional metal
detectors deployed at airport checkpoints;
``(ii) an assessment of the capabilities
and effectiveness of primary screening using
advanced imaging technology and any other
advanced technology described in paragraph
(2)(B)(ii) used by the Department of Homeland
Security in combating any threat described in
clause (i);
``(iii) an estimate of the percentage of
passengers who choose to be screened--
``(I) by advanced imaging
technology or using another advanced
technology described in paragraph
(2)(B)(ii); and
``(II) using an alternative option
for primary screening provided to
passengers under paragraph (3)(B); and
``(iv) a description of the measures taken
to protect the privacy of passengers screened
using advanced imaging technology and an
assessment of compliance with those measures.
``(B) Government accountability office.--Not later
than 180 days after the date of the enactment of the
Securing Aircraft From Explosives Responsibly: Advanced
Imaging Recognition Act of 2010, and every 2 years
thereafter, the Comptroller General of the United
States shall conduct a study and submit to Congress a
report on the costs of carrying out this subsection,
including the costs relating to procuring the necessary
technology, construction at airports, and training and
deploying employees of the Department of Homeland
Security to use new technologies.
``(6) Definitions.--In this subsection:
``(A) Advanced imaging technology.--The term
`advanced imaging technology'--
``(i) means a device that creates a visual
image of an individual showing the surface of
the skin and revealing other objects on the
body as applicable, including narcotics,
explosives, and other weapons components; and
``(ii) includes devices using backscatter
x-rays or millimeter waves and devices referred
to as `whole-body imaging technology' or `body
scanning'.
``(B) Airport checkpoint.--The term `airport
checkpoint' has the meaning given the term `screening
location' in section 1540.5 of title 49, Code of
Federal Regulations (or any corresponding similar rule
or regulation).
``(C) Pat-down search.--The term `pat-down search'
means a physical inspection of the body of an
individual conducted in accordance with the standard
operating procedure described in the official training
manual of the Transportation Security Administration of
the Department of Homeland Security.
``(D) Primary screening.--The term `primary
screening' means the initial examination of any
passenger at an airport checkpoint, including using
available screening technologies to detect weapons,
explosives, narcotics, or other indications of unlawful
action, in order to determine whether to clear the
passenger to board an aircraft or to further examine
the passenger.''.
SEC. 5. DEVELOPMENT OF NEW SCREENING TECHNOLOGIES.
Nothing in this Act, or the amendments made by this Act, shall be
construed to discourage the Secretary of Homeland Security from
developing and deploying advanced technologies for aviation screening
to protect the traveling public from emerging threats. The Secretary
shall continue to develop and deploy such new advanced technologies.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act. | Securing Aircraft From Explosives Responsibly: Advanced Imaging Recognition Act of 2010 or SAFER AIR Act of 2010 - Expresses the sense of Congress that the Department of Homeland Security (DHS) should: (1) increase efforts to address privacy concerns regarding the screening of passengers using advanced imaging technology at airports; and (2) conduct additional testing of advanced imaging technology; and (3) deploy technology to standardize images, remove personally identifying characteristics, while providing transportation security officers with necessary information, and upgrade equipment to detect new threats without major capital expenditures.
Declares it to be U.S. policy to aggressively seek, develop, and timely deploy primary screening technologies capable of detecting and protecting against threats to domestic and international aviation travel that cannot be effectively and efficiently detected by other technologies currently more commonly used, such as metal detectors.
Directs the Secretary to ensure that advanced imaging technology and other advanced technology with capability to detect weapons, on-body plastic explosives, and other nonmetallic explosives are timely deployed for the primary screening of aircraft passengers. Requires the Secretary to provide passengers with an option for primary screening other than the use of such technologies.
Requires all advanced imaging technology equipment used at airport checkpoints to be configured so that passenger: (1) images are not retained; and (2) facial features are blurred, while allowing detection of individual on-body threats. Prohibits DHS employees from having cameras or cell phones present while viewing such images. Requires such employees to communicate with other DHS employees using a wireless headset or another comparable method of communication that does not allow for the transmission of the image. | {"src": "billsum_train", "title": "A bill to enhance aviation security and protect personal privacy, and for other purposes."} | 2,767 | 344 | 0.602353 | 2.232336 | 0.857499 | 4.347403 | 8.214286 | 0.951299 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equal Protection School Finance
Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are systems of public school finance within
States which subject American children to educations of
radically varying and grossly unequal quality solely on the
basis of where they live.
(2) In its unanimous decision in the case of Brown v. Board
of Education, 347 U.S. 483, 493 (1954), the Supreme Court
stated: ``In these days, it is doubtful that any child may
reasonably be expected to succeed in life if he is denied the
opportunity of an education. Such an opportunity, where the
state has undertaken to provide it, is a right which must be
made available to all on equal terms.''
(3) Education is a fundamental right under the equal
protection clause of the United States Constitution.
(4) The provision of education to all children within a
State on an equal basis, including equality of financial
resources, is fundamental to the equal protection of laws.
SEC. 3. EQUALIZATION SYSTEM.
(a) In General.--Subject to subsection (c), beginning 5 years after
the date of enactment of this Act, a State shall be ineligible to
receive Federal funds as specified in section 4(c) if such State does
not maintain a coefficient of variation of at least 10 percent for per-
pupil expenditures in local educational agencies statewide, for
elementary and secondary education in such State.
(b) Coefficient of Variation Defined.--In this section, the term
``coefficient of variation'' means the standard deviation of local
educational agency expenditures divided by the mean per-student
expenditure, calculated--
(1) based on intrastate expenditures for current
operations, as determined by the State, without regard to
Federal contributions; and
(2) excluding--
(A) local educational agencies with fewer than 250
students;
(B) capital expenditures; and
(C) funds targeted to address a specific need (such
as educationally disadvantaged, handicapped, gifted, or
language-deficient students), without regard to the
source of such funds, but nothing in this Act shall
preclude a State or the Federal Government from
providing additional resources to local educational
agencies to address any such specific need.
(c) Waiver.--The Secretary may provide a single waiver of
subsection (a) and provide continued funding for elementary and
secondary education to a State which has not complied with the
requirements of such subsection, if such State submits to the Secretary
a plan for compliance which the Secretary determines will bring the
State into compliance within 5 years. A waiver under this subsection
may not be granted for a duration of more than five years after the
date the Secretary approves such a plan for compliance.
SEC. 4. REPORT, CERTIFICATION, AND CHALLENGE.
(a) Annual Report.--Not later than January 1 of each year, a State
shall submit to the Secretary a report describing--
(1) the manner in which the State has complied with section
3(a) or whether such State has received a waiver under section
3(c); and
(2) such additional information as the Secretary may
require.
(b) Annual Certification.--The report required by subsection (a)
shall include a certification that the State has complied with the
provisions of section 3(a) or has been granted a waiver under section
3(c). Such certification shall be prima facie evidence that the State
has complied with section 3 unless such certification is challenged
under subsection (c).
(c) Certification Challenge.--Not later than 90 days after the date
on which a State certification is due under subsection (b), a local
educational agency in a State may file a complaint with the Secretary
challenging such certification.
SEC. 5. CONSEQUENCES OF NONCOMPLIANCE.
(a) Ineligibility for Federal Education Funds.--If the Secretary
determines, after notice and opportunity for a hearing, that a State
fails to comply with section 3(a) and has not obtained a waiver under
section 3(c), such State shall be ineligible to receive Federal funds
administered by the Secretary to support elementary and secondary
education, beginning on the first day of the first fiscal year after
such finding.
(b) Restoration of Eligibility.--Eligibility for funds identified
under subsections (a) shall be restored at the beginning of the next
fiscal year after the Secretary determines that the State has complied
with section 3(a) or grants a waiver under section 3(c), whichever
occurs first.
(c) Redistribution of Funds.--Funds for elementary and secondary
education made ineligible for a State under subsection (a) shall be
reallocated by the Secretary among States that--
(1) are in compliance with the requirements of section
3(a); or
(2) are implementing compliance plans pursuant to section
3(c).
SEC. 6. RULEMAKING.
The Secretary may make rules to carry out this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ``local educational agency'' has the meaning
given such term in section 14101(18) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801(18)).
(2) The term ``Secretary'' means the Secretary of
Education. | Equal Protection School Finance Act - Provides for a system to help equalize funding for education within States.Makes a State ineligible for Federal funds administered by the Department of Education to support elementary and secondary education unless the coefficient of variation of per pupil expenditures in local educational agencies statewide for elementary and secondary education is greater than ten percent. Authorizes the Secretary of Education to provide such funding to a noncompliant State if that State submits a plan which the Secretary determines will bring the State into compliance within five years.Sets forth procedures for compliance reporting, certification, and challenges. Directs the Secretary to reallocate to compliant States, and States developing or implementing compliance plans, any funds that are not distributed to noncompliant States. | {"src": "billsum_train", "title": "To require States to equalize funding for education throughout the State."} | 1,191 | 167 | 0.465912 | 1.218825 | 0.894046 | 2.422222 | 8.014815 | 0.851852 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Insurance
Promotion Act of 2007''.
SEC. 2. GRANTS TO PROMOTE INNOVATIVE OUTREACH AND ENROLLMENT UNDER
MEDICAID AND SCHIP.
(a) Grants for Expanded Outreach Activities.--Title XXI of the
Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at
the end the following:
``SEC. 2111. EXPANDED OUTREACH ACTIVITIES.
``(a) Grants to Conduct Innovative Outreach and Enrollment
Efforts.--
``(1) In general.--The Secretary shall award grants to
eligible entities to--
``(A) conduct innovative outreach and enrollment
efforts that are designed to increase the enrollment
and participation of eligible children under this title
and title XIX; and
``(B) promote understanding of the importance of
health insurance coverage for prenatal care and
children.
``(2) Performance bonuses.--The Secretary may reserve a
portion of the funds appropriated under subsection (g) for a
fiscal year for the purpose of awarding performance bonuses
during the succeeding fiscal year to eligible entities that
meet enrollment goals or other criteria established by the
Secretary.
``(b) Priority for Award of Grants.--
``(1) In general.--In making grants under subsection
(a)(1), the Secretary shall give priority to--
``(A) eligible entities that propose to target
geographic areas with high rates of--
``(i) eligible but unenrolled children,
including such children who reside in rural
areas; or
``(ii) racial and ethnic minorities and
health disparity populations, including those
proposals that address cultural and linguistic
barriers to enrollment; and
``(B) eligible entities that plan to engage in
outreach efforts with respect to individuals described
in subparagraph (A) and that are--
``(i) Federal health safety net
organizations; or
``(ii) faith-based organizations or
consortia.
``(2) 10 percent set aside for outreach to indian
children.--An amount equal to 10 percent of the funds
appropriated under subsection (g) for a fiscal year shall be
used by the Secretary to award grants to Indian Health Service
providers and urban Indian organizations receiving funds under
title V of the Indian Health Care Improvement Act (25 U.S.C.
1651 et seq.) for outreach to, and enrollment of, children who
are Indians.
``(c) Application.--An eligible entity that desires to receive a
grant under subsection (a)(1) shall submit to the Secretary an
application in such form and manner, and containing such information,
as the Secretary may decide. Such application shall include--
``(1) quality and outcomes performance measures to evaluate
the effectiveness of activities funded by a grant awarded under
this section to ensure that the activities are meeting their
goals; and
``(2) an assurance that the entity shall--
``(A) conduct an assessment of the effectiveness of
such activities against such performance measures; and
``(B) cooperate with the collection and reporting
of enrollment data and other information determined as
a result of conducting such assessments to the
Secretary, in such form and manner as the Secretary
shall require.
``(d) Dissemination of Enrollment Data and Information Determined
From Effectiveness Assessments; Annual Report.--The Secretary shall--
``(1) disseminate to eligible entities and make publicly
available the enrollment data and information collected and
reported in accordance with subsection (c)(2)(B); and
``(2) submit to Congress an annual report on the outreach
activities funded by grants awarded under this section.
``(e) Supplement, Not Supplant.--Federal funds awarded under this
section shall be used to supplement, not supplant, non-Federal funds
that are otherwise available for activities funded under this section.
``(f) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means
any of the following:
``(A) A State or local government.
``(B) A Federal health safety net organization.
``(C) A national, local, or community-based public
or nonprofit private organization.
``(D) A faith-based organization or consortia, to
the extent that a grant awarded to such an entity is
consistent with the requirements of section 1955 of the
Public Health Service Act (42 U.S.C. 300x-65), relating
to a grant award to non-governmental entities.
``(E) An elementary school or secondary school, as
such terms are defined in section 9101 of the
Elementary and Secondary Education Act of 1965.
``(2) Federal health safety net organization.--The term
`Federal health safety net organization' means--
``(A) an Indian tribe, tribal organization, or an
urban Indian organization receiving funds under title V
of the Indian Health Care Improvement Act (25 U.S.C.
1651 et seq.), or an Indian Health Service provider;
``(B) a Federally-qualified health center (as
defined in section 1905(l)(2)(B));
``(C) a hospital defined as a disproportionate
share hospital for purposes of section 1923;
``(D) a covered entity described in section
340B(a)(4) of the Public Health Service Act (42 U.S.C.
256b(a)(4)); and
``(E) any other entity or a consortium that serves
children under a federally-funded program, including
the special supplemental nutrition program for women,
infants, and children (WIC) established under section
17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786),
the head start and early head start programs under the
Head Start Act (42 U.S.C. 9801 et seq.), the school
lunch program established under the Richard B. Russell
National School Lunch Act, and an elementary or
secondary school.
``(3) Indians; indian tribe; tribal organization; urban
indian organization.--The terms `Indian', `Indian tribe',
`tribal organization', and `urban Indian organization' have the
meanings given such terms in section 4 of the Indian Health
Care Improvement Act (25 U.S.C. 1603).
``(g) Appropriation.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, $50,000,000 for each of fiscal
years 2008 and 2009 for the purpose of awarding grants under this
section. Amounts appropriated and paid under the authority of this
section shall be in addition to amounts appropriated under section 2104
and paid to States in accordance with section 2105, including with
respect to expenditures for outreach activities in accordance with
subsection (a)(1)(D)(iii) of that section.''.
(b) Extending Use of Outstationed Workers to Accept Title XXI
Applications.--Section 1902(a)(55) of the Social Security Act (42
U.S.C. 1396a(a)(55)) is amended by striking ``or (a)(10)(A)(ii)(IX)''
and inserting ``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XIV), and
applications for child health assistance under title XXI''.
SEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A
CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE
UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP.
(a) Medicaid.--Section 1902(e) of the Social Security Act (42
U.S.C. 1396a(e)) is amended by adding at the end the following:
``(13)(A) At the option of the State, the plan may provide that
financial eligibility requirements for medical assistance are met for a
child who is under an age specified by the State (not to exceed 21
years of age) by using a determination made within a reasonable period
(as determined by the State) before its use for this purpose, of the
child's family or household income, or if applicable for purposes of
determining eligibility under this title or title XXI, assets or
resources, by a Federal or State agency, or a public or private entity
making such determination on behalf of such agency, specified by the
plan, including an agency administering the State program funded under
part A of title IV, the Food Stamp Act of 1977, the Richard B. Russell
National School Lunch Act, or the Child Nutrition Act of 1966,
notwithstanding any differences in budget unit, disregard, deeming, or
other methodology, but only if--
``(i) the agency has fiscal liabilities or
responsibilities affected or potentially affected by
such determination; and
``(ii) any information furnished by the agency
pursuant to this subparagraph is used solely for
purposes of determining financial eligibility for
medical assistance under this title or for child health
assistance under title XXI.
``(B) Nothing in subparagraph (A) shall be construed--
``(i) to authorize the denial of medical assistance under
this title or of child health assistance under title XXI to a
child who, without the application of this paragraph, would
qualify for such assistance;
``(ii) to relieve a State of the obligation under
subsection (a)(8) to furnish medical assistance with reasonable
promptness after the submission of an initial application that
is evaluated or for which evaluation is requested pursuant to
this paragraph;
``(iii) to relieve a State of the obligation to determine
eligibility for medical assistance under this title or for
child health assistance under title XXI on a basis other than
family or household income (or, if applicable, assets or
resources) if a child is determined ineligible for such
assistance on the basis of information furnished pursuant to
this paragraph; or
``(iv) as affecting the applicability of any non-financial
requirements for eligibility for medical assistance under this
title or child health assistance under title XXI.''.
(b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended by adding at the end the following:
``(E) Section 1902(e)(13) (relating to the State
option to base a determination of child's financial
eligibility for assistance on financial determinations
made by a program providing nutrition or other public
assistance).''.
(c) Effective Date.--The amendments made by this section shall take
effect as of the date of the enactment of this Act and shall apply to
child health assistance provided on or after October 1, 2008. | Children's Health Insurance Promotion Act of 2007 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to: (1) conduct innovative outreach and enrollment efforts that are designed to increase the enrollment and participation of eligible children under SCHIP; and (2) promote understanding of the importance of health insurance coverage for prenatal care and children.
Amends SSA title XIX (Medicaid) to grant a state the option to provide for simplified determinations of a child's financial eligibility for medical assistance under Medicaid or child health assistance under SCHIP. | {"src": "billsum_train", "title": "To amend title XXI of the Social Security Act to provide grants to promote innovative outreach and enrollment under the Medicaid and State children's health insurance programs, and for other purposes."} | 2,470 | 149 | 0.53381 | 1.327679 | 0.749002 | 4.551181 | 16.527559 | 0.944882 |
SECTION 1. CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
The Congress finds the following:
(1) The Joint Federal-State Commission on Policies and
Programs Affecting Alaska Natives (hereafter in this Act
referred to as the ``Alaska Natives Commission'') was
established by the Indian Law Enforcement Act (42 U.S.C. 2991a
note) following--
(A) the publication in 1989 of the report entitled
``Report on the Status of Alaska Natives: A Call for
Action by the Alaska Federation of Natives''; and
(B) extensive congressional hearings that focused
on the need for the first comprehensive assessment of
the social, cultural, and economic condition of 86,000
Alaska Natives since the enactment of the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
(2)(A) The 14-member Alaska Natives Commission held--
(i) 15 regional hearings throughout Alaska between
July 1992 and October 1993; and
(ii) 2 statewide hearings in Anchorage, Alaska,
coinciding with the conventions of 1992 and 1993 of the
Alaska Federation of Natives.
(B) In May 1994, the Alaska Natives Commission issued a 3-
volume, 440-page report.
(3) As required by the Indian Law Enforcement Reform Act,
the report referred to in paragraph (2) was formally conveyed
to the Congress, the President of the United States, and the
Governor of Alaska.
(4) The Alaska Natives Commission found that many Alaska
Native individuals, families, and communities were experiencing
a social, cultural, and economic crisis marked by rampant
unemployment, the lack of economic opportunity, alcohol abuse,
depression, and morbidity and mortality rates that were
described by health care professionals as staggering.
(5) The Alaska Natives Commission found that due to the
high rate of unemployment and lack of economic opportunities
for Alaska Natives, government programs for the poor have
become the foundation of many village economies.
(6) Displacing traditional Alaska Native social safety
nets, the programs referred to in paragraph (5) (that were
developed with well-meaning intentions) have--
(A) undermined the healthy interdependence and
self-sufficiency of Alaska Native tribes and families;
and
(B) placed Alaska Native tribes and families at
risk of becoming permanent dependents of the Federal
Government.
(7) Despite the seemingly insurmountable problems referred
to in the preceding paragraphs, the Alaska Natives Commission
found that Alaska Natives, building on the Alaska Native Claims
Settlement Act, had commenced a unique process of critical
self-examination that, if supported by the Congress through
innovative legislation and effective public administration at
all levels, including traditional Native governance, could
provide the basis for an Alaska Native social, cultural,
economic, and spiritual renewal.
(8) The Alaska Natives Commission recognized that the key
to the future well-being of Alaska Natives resided in--
(A) the systematic resumption of responsibility by
Alaska Natives for the well-being of the members of
Alaska Native tribes;
(B) the strengthening of the economies of Alaska
Natives;
(C) the strengthening, operation, and control of
their systems of governance, social services,
education, health care, and law enforcement; and
(D) exercising rights that Alaska Natives have as a
result of the special relationship of Alaska Natives
with the Federal Government and as citizens of the
United States and Alaska.
(9) The Alaska Natives Commission recognized that the
following 3 basic principles must be respected in addressing
the myriad of problems facing Alaska Natives--
(A) self-reliance;
(B) self-determination; and
(C) the integrity of Native cultures.
(10) There is a need to address the problems confronting
Alaska Natives referred to in the preceding paragraphs.
(11) The problems referred to in paragraph (10) should be
addressed rapidly, with certainty, and in conformity with the
real economic, social, and cultural needs of Alaska Natives.
(12) The Congress--
(A) retains and has exercised its constitutional
authority over Native affairs in Alaska subsequent to
the Treaty of Cession of Alaska to the United States;
and
(B) through this Act, exercises that authority.
SEC. 2. ALASKA NATIVE IMPLEMENTATION STUDY.
(a) Findings.--The Congress finds that--
(1) the Alaska Natives Commission adopted certain
recommendations that raise important policy questions that--
(A) are unresolved in Alaska; and
(B) require further study and review before
Congress considers legislation to implement solutions
to address these recommendations; and
(2) the Alaska Federation of Natives is the representative
body of statewide Alaska Native interests that is best suited
to further investigate and report to Congress with proposals to
implement the recommendations of the Alaska Natives Commission.
(b) Grant.--
(1) In general.--The Secretary of the Interior shall make a
grant to the Alaska Federation of Natives to--
(A) conduct a study under this section; and
(B) submit the report to the persons and entities
specified in subsection (e).
(2) Condition for grant.--The grant under paragraph (1) may
only be made if the Alaska Federation of Natives enters into an
agreement with the Secretary of the Interior that states that
as a condition to receive the grant, the Alaska Federation of Natives
will abide by the approval of requirements of this section.
(c) Study.--Pursuant to subsection (b), the Alaska Federation of
Natives shall--
(1) examine the recommendations of the Alaska Natives
Commission;
(2) examine initiatives in the United States, Canada, and
other governments for successful approaches to addressing the
issues that are similar to the issues addressed by the Alaska
Natives Commission;
(3) conduct hearings within the Alaska Native community on
further approaches that could be used to implement the
recommendations of the Alaska Natives Commission; and
(4) provide recommended legislation and submit other
recommendations to the Congress concerning actions the Congress
should take to implement such recommendations.
(d) Consideration of Local Control.--In developing its
recommendations pursuant to subsection (c)(4), the Alaska Federation of
Natives shall give specific attention to the ways in which the
recommendations may be achieved at the local level with maximum local
control of the implementation of the recommendations.
(e) Report.--
(1) In general.--Not later than 1 year after the date on
which a grant is made under subsection (b), the Alaska
Federation of Natives shall submit a report on the study
conducted under this section, together with the recommendations
developed pursuant to subsection (c)(4), to--
(A) the President;
(B) the Congress; and
(C) the Governor and the legislature of the State
of Alaska.
(2) Availability.--The Alaska Federation of Natives shall
make the report submitted to Congress under paragraph (1)
available to Alaska Native villages and organizations and to
the general public.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Interior, $350,000 for the grant
under subsection (b).
(g) Additional State Funding.--The Congress encourages the State of
Alaska to provide the additional funding necessary for the completion
of the study under this section.
(h) Alaska Native Defined.--For purposes of the study conducted
under this Act, the term ``Alaska Native'' shall have the meaning
provided the term ``Native'' under section 3(b) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(b)). | Directs the Secretary of the Interior to make a grant to the Alaska Federation of Natives to further investigate and report to the Congress with proposals to implement the recommendations of the Alaska Natives Commission.
Authorizes appropriations.
Encourages additional State funding for the completion of the study. | {"src": "billsum_train", "title": "A bill to provide for a study of the recommendations of the Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives, and for other purposes."} | 1,629 | 60 | 0.426323 | 1.147325 | 0.298552 | 4.557692 | 29.653846 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Learning Opportunities With Creation
of Open Source Textbooks (LOW COST) Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the College Board, that the average
student at a 4-year university spent an estimated $1,222 per
year on college books and supplies.
(2) According to the National Association of College
Stores, the gross margin on new college textbooks was 25.6
percent in 2012.
(3) The Government Accountability Office has found that
college textbook prices have risen at twice the rate of annual
inflation over the last two decades and that new textbook
prices increased 82 percent over the last decade.
(4) An open source material project that would make high
quality educational materials freely available to the general
public would reduce college textbook costs and increase
accessibility to such education materials.
(5) College-level open source course work materials in
math, physics, and chemistry represent a high-priority first
step in this area.
(6) The scientific and technical workforce at Federal
agencies, national laboratories, and federally funded research
and development centers could make a valuable contribution to
this effort.
(7) A Federal oversight role in the creation and
maintenance of standard, publicly vetted textbooks is desirable
to ensure that intellectual property is respected and that
public standards for quality, educational effectiveness, and
scientific accuracy are maintained.
SEC. 3. OPEN SOURCE MATERIAL PILOT PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Director shall begin development of college freshman-
level, high quality, open source materials that--
(1) contain, at minimum, a comprehensive set of textbooks
or other educational materials covering topics in physics,
chemistry, and calculus;
(2) are posted on the Federal Open Source Material Website;
and
(3) are free of copyright violations.
(b) Posting Deadline.--Not later than 4 years after the date of
enactment of this Act, the Director shall have posted the materials
described in subsection (a) on the Federal Open Source Material
Website.
(c) Screening Procedures.--Before publishing materials on the
Federal Open Source Material Website, the Director shall, in
collaboration with the agencies described in section 5(b), develop,
implement, and establish procedures for checking the veracity,
accuracy, and educational effectiveness of open source materials.
SEC. 4. FEDERAL OPEN SOURCE MATERIAL WEBSITE.
(a) Establishment.--The Director shall establish and maintain a
Federal Open Source Material Website.
(b) Availability of Materials.--Materials in the Federal Open
Source Material Website shall be made available free of charge to, and
may be downloaded, redistributed, changed, revised, or otherwise
altered by, any member of the general public.
SEC. 5. OPEN SOURCE MATERIAL REQUIREMENT FOR FEDERAL AGENCIES.
(a) Requirement.--The head of each agency described in subsection
(b) shall, under the guidance of the Director, collaborate with the
heads of any other such agency or any federally funded research and
development center to develop, implement, and establish procedures for
checking the veracity, accuracy, and educational effectiveness of open
source materials that are posted on the Federal Open Source Material
Website.
(b) Agency Funding.--The head of each agency that expends more than
$10,000,000 in a fiscal year on scientific education or scientific
outreach shall use at least 2 percent of such funds for collaboration
described in subsection (a).
SEC. 6. REGULATIONS.
The Director shall prescribe regulations necessary to implement
this Act, including redistribution and attribution standards for open
source materials produced under this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(2) Federal open source material website.--The term
``Federal Open Source Material Website'' means the website
established under section 4(a).
(3) High quality.--The term ``high quality'' means--
(A) tested for optimal student engagement;
(B) tested for optimal content consumption;
(C) subjected to an editorial peer review process;
and
(D) free of copyright violations.
(4) Open source materials.--The term ``open source
materials'' means materials that are posted on a website that
are available free of charge to, and may be downloaded,
redistributed changed, revised, or otherwise altered by, any
member of the general public.
SEC. 8. GAO REPORT TO CONGRESS.
Not later than July 1, 2018, the Comptroller General shall prepare
and submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives detailing--
(1) the open source materials created or adapted under this
Act;
(2) the adoption of such open source materials; and
(3) the savings generated for students, States, and the
Federal Government through the use of open source materials. | Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014 - Requires the Director of the National Science Foundation (NSF) to develop high quality, college freshman-level, open source materials that: (1) contain, at minimum, a comprehensive set of textbooks or other educational materials covering topics in physics, chemistry, and calculus; (2) are posted on the Federal Open Source Material Website (Website); and (3) are free of copyright violations. Requires the Director to establish and maintain the Website. Requires materials on the Website to be made available free of charge. Allows those materials to be downloaded, redistributed, or revised by the public. Directs the head of each federal agency that spends more than a specified amount in a fiscal year on scientific education or research to use at least 2% of those funds to collaborate with the heads of other such agencies or any federally funded research and development center to develop and implement procedures for checking the veracity, accuracy, and educational effectiveness of open source materials that are posted on the Website. | {"src": "billsum_train", "title": "Learning Opportunities With Creation of Open Source Textbooks (LOW COST) Act of 2014"} | 1,108 | 233 | 0.614917 | 2.060952 | 0.994113 | 5.447115 | 5.057692 | 0.9375 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Extract Animals from Red Tape
Act of 2016'' or the ``HEART Act of 2016''.
SEC. 2. REDUCED NOTICE PERIOD.
Section 983(a)(1)(A) of title 18, United States Code, is amended by
adding at the end the following new clause:
``(vi) With respect to an animal seized
under section 26 of the Animal Welfare Act or
under section 1955 of this title, clauses (i),
(ii), (iii), and (v), shall be applied by
substituting `30-days' for `60-days'.''.
SEC. 3. BOND HEARING PROCEDURES.
Section 983(a) of title 18, United States Code, is amended by
adding at the end the following:
``(5)(A) If an animal is seized under section 26 of the
Animal Welfare Act or under section 1955 of this title, the
Government may, not later than 21 days after a claim is filed
under paragraph (2) or (4), petition in United States district
court for a bond hearing relating to that claim. Upon filing
the petition, the Government shall give the person claiming an
interest in the animal actual notice of the hearing. The court
shall, except upon good cause shown, commence that hearing not
later than 15 days after the date that the person receives the
notice required under this subparagraph.
``(B) Not later than 5 days prior to the hearing date, the
Government shall provide an accounting of the costs already
incurred, and the estimated reasonable and anticipated costs of
future care for the animal per day, to both the court and the
person claiming an interest in the animal.
``(C)(i) Unless the person claiming an interest in the
animal shows good cause not to require a bond, the court shall
order that person to post a bond.
``(ii) The amount of the bond shall be that amount the
court determines sufficient to reimburse all reasonable and
anticipated costs of caring for the animal from the date of
seizure to a date the court deems appropriate, unless the court
determines the person claiming an interest in the animal is
financially unable to post a bond in that amount. In that case,
the court may set the amount of the bond to cover partial
payment of those costs.
``(iii) In determining whether the person claiming an
interest in the animal has an inability to pay a bond, the
court shall consider--
``(I) the income, earning capacity, and financial
resources of the person claiming an interest in the
animal;
``(II) the actual cost of care for the animal prior
to seizure of the animal by the person claiming an
interest in the animal, including but not limited to
food, vaccinations, veterinary expenses, and licenses;
and
``(III) such other factors as the court deems
appropriate.
``(iv) If the court does not order the posting of a bond,
or orders a bond in an amount that would only cover partial
payment of these costs, the court shall state on the record the
reason for that action.
``(D) If the person claiming an interest in the animal
fails to post the bond as ordered by the end of the 15th day
beginning after the date of the issuance of the order, the
court may order the immediate forfeiture to the Government of
the seized animal to which the order applies.
``(E) If a bond is posted under this subparagraph, the
seizing agency or the United States Marshals Service may draw
from the bond the actual reasonable costs incurred in caring
for the seized animal.
``(F) Any unspent portion of the bond shall be returned to
the person claiming an interest in the animal upon resolution
of the forfeiture proceedings.
``(G) If the person claiming an interest in the animal
posts a bond and prevails in the forfeiture proceedings--
``(i) that person shall be entitled to receive the
full amount that person posted as a bond under this
subparagraph; and
``(ii) the Government shall reimburse any amount
drawn under subparagraph (E) necessary to provide that
full amount.
``(H) In this subparagraph, the term `reasonable and
anticipated costs' includes food, boarding, veterinary care
(including humane euthanasia where appropriate), transport, and
any other costs the court deems necessary to provide care to
the seized animal.
``(I) Nothing in this subparagraph prevents, in lieu of
posting security or proceeding to a forfeiture hearing, the
voluntary permanent relinquishment of an animal by its owner
to--
``(i) an animal control or animal shelter;
``(ii) an animal protection organization; or
``(iii) the Government.
``(J) The testimony of a person at a hearing held under
this subsection is not admissible against that person in any
criminal proceeding, except in a prosecution for perjury, and
does not waive that person's right against self-
incrimination.''. | Help Extract Animals from Red Tape Act of 2016 or the HEART Act of 2016 This bill amends the federal criminal code to modify the general rules that govern civil forfeiture proceedings. Specifically, it adds requirements with respect to the seizure of an animal involved in animal fighting. | {"src": "billsum_train", "title": "HEART Act of 2016"} | 1,139 | 62 | 0.416373 | 1.119879 | 0.516306 | 2.019608 | 21.078431 | 0.72549 |
OF CONGRESSIONAL
COMMITTEES.
Section 302(b) is amended by adding at the end the following new
paragraph:
``(3) Upon the adoption by either the Committee on Ways and
Means of the House of Representatives or the Committee on
Finance of the Senate of a resolution that--
``(A) describes an act, policy, or practice of the
foreign country; and
``(B) states that it is the opinion of the
Committee that such act, policy, or practice is an act,
policy, or practice that is described in section 301(a)
(1)(A) or (2)(B);
the Trade Representative shall initiate an investigation under
this chapter to determine whether the matter is actionable
under section 301.''.
SEC. 6. CONFORMING AMENDMENTS.
(a) Actions by United States Trade Representative.--Section 301, as
amended by section 104, is amended--
(1) by striking out that part of subsection (a)(3) (as
redesignated by section 104(a)(1)(A)) that precedes
subparagraph (A) and inserting ``The President is not required
to take action under paragraph (1)(B) (i) or (ii) and the Trade
Representative is not required to take action under paragraph
(2) in any case in which--'';
(2) by striking out ``paragraph (1)'' in subsection (a)(4)
(as redesignated by section 104(a)(1)(A)) and inserting
``paragraph (1) (B)(i) or (F) or paragraph (2)''; and
(3) by striking out ``subsection (a) or (b)'' each place it
appears in paragraphs (1), (2)(A), (3), and (5) of subsection
(c) and inserting ``paragraph (1)(B)(i), (1)(F), or (2) of
subsection (a) or subsection (b)''.
(b) Determinations by United States Trade Representative.--Section
304(a)(1) (19 U.S.C. 2414(a)(1)) is amended--
(1) by striking out ``(a)(1)(B) or'' in subparagraph
(A)(ii) and inserting ``(a) (1)(A) or (2)(B) or subsection'';
and
(2) by striking out subparagraph (B) and inserting the
following:
``(B) if the determination under subparagraph (A)
is affirmative with respect to a practice described in
section 301(a)(1)(A), determine, and submit to the
President, a recommendation for action by the Trade
Representative under section 301(c) to obtain the
elimination of such practice; or
``(C) if the determination under subparagraph (A)
(other than with respect to an action described in
section 301(a)(1)(A)) is affirmative, determine what
action, if any, the Trade Representative should take
under subsection (a)(2) or (b) of section 301.''.
(c) Implementation of Actions.--Section 305 (19 U.S.C. 2414) is
amended--
(1) by amending paragraph (1) of subsection (a) to read as
follows:
``(1) Except as provided in paragraph (2), the Trade
Representative shall--
``(A) implement the action directed by the
President under subparagraph (B)(i) or (F) of section
301(a)(1) by no later than the date that is 30 days
after the date such direction is received; and
``(B) implement the action the Trade Representative
determines under section 304(a)(1)(C) to take under
section 301, subject to the specific direction, if any,
of the President regarding any such action, by no later
than the date which is 30 days after the date on which
such determination is made.'';
(2) by striking out ``section 301'' in subsection (a)(2)(A)
and inserting ``paragraph (1)(B), (1)(F), or (2) of section
301(a) or section 301(b)'';
(3) by inserting ``or (3)'' after ``302(b)(1)'' in
subsection (a)(2)(A)(i)(II); and
(4) by striking out ``section 301'' in subsection (b)(1)
and inserting ``section 301(b)''.
(d) Monitoring of Foreign Compliance.--Section 306(a) (19 U.S.C.
2416(a)) is amended--
(1) by striking out ``section 301(a)(2)(B)'' and inserting
``section 301(a)(3)(B)''; and
(2) by striking out ``subsection (a)(1)(B)'' and inserting
``subsection (a) (1)(A) or (2)(B)''.
(e) Modification and Termination of Actions.--Section 307(a)(1)(A)
(19 U.S.C. 2417(a)(1)(A)) is amended by striking out ``301(a)(2)'' and
inserting ``301(a)(3)''.
(f) Resolutions Disapproving Certain Actions.--Section 152(a)(1)
(19 U.S.C. 2192(a)(1)) is amended--
(1) by striking out ``and'' at the end of subparagraph (A);
(2) by striking out the period at the end of subparagraph
(B) and inserting ``; and ''; and
(3) by adding at the end the following new subparagraph:
``(C) a joint resolution of the two Houses of Congress, the
matter after the resolving clause of which is as follows: `That
the Congress does not approve the alternative plan transmitted
under section 301(a)(1)(B)(ii) of the Trade Act of 1974 to the
Congress on .', the blank space being filled with the
appropriate date.''.
(g) Special Rules Relating to Congressional Procedures.--Section
154 is amended--
(1) by inserting ``301(a)(1)(B)(ii),'' after ``203(b),'' in
subsection (a); and
(2) by inserting ``, and for purposes of section 301(a)(1)
(E) and (F), the 60-day period referred to in such section,''
after ``such sections'' in subsection (b). | Fair Trade Assurances Act of 1993 - Amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR), in identifying market barriers and certain unfair trade actions, to: (1) identify, if for a calendar year the United States merchandise trade balance (excluding crude petroleum imports) was in deficit, each foreign country that accounted for at least 15 percent of such deficit and had a global current account surplus for such year in an amount not less than such deficit; and (2) specify each act, policy, or practice that was implemented by a foreign country with respect to any goods sector or service sector that accounted for at least ten percent of the merchandise trade and current account deficits between the United States and such foreign country during such calendar year.
Makes permanent the program known as "Super 301" which identifies trade liberalization priorities. Applies such program to sectoral priority practices.
Requires the President, if the USTR finds violations of trade practices, to: (1) direct the USTR to take certain action to obtain the elimination of the foreign practice; or (2) submit to the Congress an alternative plan for eliminating such practice.
Requires the USTR to initiate an investigation under "Super 301" whenever specified congressional committees adopt a resolution stating that in their opinion a particular foreign country is engaging in certain trade practices. | {"src": "billsum_train", "title": "Fair Trade Assurances Act of 1993"} | 1,463 | 291 | 0.508551 | 1.532312 | 0.627256 | 1.25 | 4.625 | 0.643939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Excellence Through Education
Act of 2013''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS GRANTS TO MINORITY SERVING
INSTITUTIONS TO ADDRESS SOCIAL AND ACADEMIC PROBLEMS
FACING VETERANS.
(a) In General.--The Secretary of Veterans Affairs may make grants
to minority serving institutions for the purpose of establishing
verified delivery systems to address social and academic problems
facing veterans enrolled at such institutions.
(b) Use of Funds.--The recipient of a grant under this section
shall use the grant funds to carry out any of the following activities
for veterans enrolled at the institution receiving the grant:
(1) Providing education services, including post-secondary
education, courses in English as a second language, general
education development preparation, financial literacy workshops
and courses, generational diversity awareness programs, and
health and wellness programs.
(2) Activities designed to increase access to workforce
services, including on-job training, internships, skills
training, job placement, and personal development.
(3) Other types of support services, including health and
nutrition services, housing assistance, transportation, and
child care.
(4) Establishing a center for veteran student success on
the campus of the institution to provide a single point of
contact to coordinate comprehensive support services for
veterans who are enrolled in a program of education offered by
the institution.
(5) Establishing a veteran support team, including
representatives from the offices of the institution responsible
for admissions, registration, financial aid, veterans benefits,
academic advising, student health, personal or mental health
counseling, career advising, and disabilities services, and any
other office of the institution that provides support to
veteran students on campus.
(6) Providing a coordinator whose primary responsibility is
to coordinate the activities carried out under the grant.
(7) Monitoring the rates of enrollment, persistence, and
completion of veterans who are enrolled in a program of
education offered by the institution.
(8) Developing a plan to sustain a center described in
paragraph (4) after the institution no longer receives funds
under this section.
(9) Providing outreach to veterans to encourage them to
enroll in a program of education offered by the institution.
(10) Providing supportive instructional services for
veterans enrolled in a program of education offered by the
institution, including--
(A) personal, academic, and career counseling;
(B) tutoring and academic skill-building
assistance; and
(C) assistance with special admissions and
transferring credits from previously attended
institutions of higher learning or other relevant
credits.
(11) Providing assistance to veterans admitted for
enrollment in a program of education offered by the institution
in obtaining student financial aid.
(12) Providing housing support for veterans enrolled in a
program of education offered by the institution who live in
institutional facilities or who commute.
(13) Academic programs, orientation programs, and other
activities designed to ease the transition to campus life for
such veterans.
(14) Support for veteran student organizations and veteran
student support groups at the institution.
(15) Coordination of academic advising and admissions
counseling with military installations and national guard units
located in the same geographic area as the institution.
(16) Other support services the institution determines
necessary to ensure the success of veterans enrolled in a
program of education offered by the institution in achieving
educational and career goals.
(c) Eligibility.--To be eligible to receive a grant under this
section, a minority serving institution shall submit to the Secretary
an application containing a program plan containing a strategy for
meeting the needs of veterans enrolled in the institution. Such a plan
shall include--
(1) an identification of the population to be served;
(2) an identification of the education and employment needs
of the population to be served and the manner in which the
activities proposed to be provided using grant funds are
designed to strengthen the ability of such individuals to
achieve their higher education goals;
(3) a description of the activities proposed to be provided
using grant funds and the manner in which such activities would
be integrated with other appropriate activities carried out by
or at the institution; and
(4) a description, developed in consultation with the
Secretary, of the performance measures proposed to be used to
assess the performance of the institution in carrying out
activities using grant funds.
(d) Definitions.--In this section:
(1) The term ``minority serving institution'' means a
historically Black college or university, a Hispanic-serving
institution, a Tribal College or University, or a Predominantly
Black Institution.
(2) The term ``historically Black college'' has the meaning
given the term ``part B institution'' as defined in section
322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(3) The term ``Hispanic-serving institution'' has the
meaning given that term in as section 502(a)(5) of such Act (20
U.S.C. 1101a(a)(5)).
(4) The term ``Tribal College or University'' has the
meaning given that term in section 316(b)(3) of such Act (20
U.S.C. 1059c(b)(3)).
(5) The term ``Predominantly Black Institution'' has the
meaning given that term in section Predominantly Black
Institution has the meaning given that term in section
318(b)(6)of such Act (20 U.S.C. 1059e(b)(6)).
(e) Termination.--The Secretary may only make a grant under this
section during fiscal years 2014 through 2019. | Veteran Excellence Through Education Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to make grants, during FY2014-FY2019, to minority-serving institutions for establishing verified delivery systems to address social and academic problems facing enrolled veterans. Includes among authorized grant activities: (1) educational services, including courses in English as a second language, financial literacy workshops and courses, and health and wellness programs; (2) increased access to workforce services; (3) support services such as housing, transportation, and child care; and (4) establishing a veteran support team. Requires an institution, in order to receive such a grant, to submit to the Secretary a program plan and strategy to meet the needs of enrolled veterans. | {"src": "billsum_train", "title": "Veteran Excellence Through Education Act of 2013"} | 1,202 | 155 | 0.668502 | 1.764948 | 0.777113 | 2.979021 | 7.993007 | 0.923077 |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Emergency Cervidae
Tuberculosis Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purpose and finding.
Sec. 3. Definitions.
Sec. 4. Administration of act.
Sec. 5. Emergency cervidae tuberculosis protection.-
Sec. 6. Insurance premiums.
Sec. 7. Deposit and investment of premiums received.
Sec. 8. Enforcement.
Sec. 9. Regulations.
Sec. 10. Authority to borrow funds from the Commodity Credit
Corporation.
Sec. 11. Emergency limitations on the movement of cervidae in
interstate commerce.
Sec. 12. Separability of provisions.
Sec. 13. Termination.
SEC. 2. PURPOSE AND FINDING.
It is the purpose of this Act to provide for a voluntary national
cervidae tuberculosis insurance program. Congress hereby finds that the
commercial raising of cervidae in the United States either involves
interstate commerce or affects interstate commerce.
SEC. 3. DEFINITIONS.
For purposes of this Act:
(1) Cervidae.--The term ``cervidae'' means any member of
the family of animals possessing antlers that are shed
annually, such as an elk, a deer, and a reindeer, except that
such term shall include the antlerless water deer.
(2) Commerce.--The term ``commerce'' means transport--
(A) between any State, Territory, or possession, or
the District of Columbia, and any place outside
thereof;
(B) between points within the same State,
Territory, or possession, or the District of Columbia,
but through any place outside thereof; or
(C) within any Territory, possession, or the
District of Columbia.
(3) Destruction.--The term ``destruction'' means the
slaughter of cervidae by a method approved by the Secretary.
(4) Exposed.--The term ``exposed'', with respect to
tuberculosis, means any cervidae that is found, in such manner
as the Secretary may prescribe--
(A) to be part of a herd containing one or more
infected cervidae;
(B) to have moved from such a herd before the
infection in the herd is disclosed, but after the herd
became infected; or
(C) to have been exposed to tuberculosis by virtue
of being nursed by a tuberculosis infected dam.
(5) Herd.--The term ``herd'' means--
(A) any group of cervidae maintained in a common
area for any purpose; or
(B) two or more groups of cervidae under common
ownership that are geographically separated but that
have an interchange or movement of cervidae.
(6) Infected.--The term ``infected'', with respect to
tuberculosis, means any cervidae in which tuberculosis has been
determined to exist pursuant to regulations established by the
Secretary.
(7) Insurance program.--The term ``insurance program''
means the program of insurance established by the Secretary
under section 5.
(8) Owner.--The term ``owner'' means any person who has a
legal or rightful title to cervidae and is engaged in the
business of buying, raising, or selling cervidae in interstate
commerce in the United States.
(9) Person.--The term ``person'' includes individuals,
partnerships, corporations, and other legal entities.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(11) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, the Virgin Islands of the United States, American
Samoa, and any other territory or possession of the United
States.
(12) Tuberculosis.--The term ``tuberculosis'' means the
contagious, infectious, and communicable disease caused by
Mycobacterium bovis.
SEC. 4. ADMINISTRATION OF ACT.
(a) Delegation.--The Secretary of Agriculture shall administer this
Act through the Animal and Plant Health Inspection Service of the
Department of Agriculture.
(b) Advisory Board.--
(1) Purpose of board.--The Secretary shall consult with the
advisory board appointed pursuant to paragraph (2) whenever the
Secretary is establishing policy for the insurance program or
otherwise administering the insurance program.
(2) Composition of board.--The advisory board shall consist
of five members selected by the Secretary. Three members
(including at least one elk producer and one deer producer)
shall be selected by the Secretary from a list of nine
candidates presented to the Secretary by domestic cervidae
producers who participate in the insurance program. These
candidates must also be cervidae producers who participate in
the insurance program. One member shall be selected by the
Secretary from among employees of the Department of
Agriculture. One member shall be selected by the Secretary in
such manner as the Secretary may determine.
(3) Terms.--The members of the advisory board shall serve
two-year terms; except that the Secretary may appoint two of
the members initially appointed to the advisory board to serve
a one-year term.
(4) Chairperson.--
(A) In general.--At the last meeting of the
advisory board for each year, the members of the
advisory board shall select one member to serve as the
chairperson of the advisory board for the next year.
The chairperson shall serve a one year term and shall
be responsible for the establishment of procedures for
the operation of the advisory board.
(B) Special rule.--For the year in which the
advisory board is first established, the members of the
advisory board shall select a chairperson at the first
meeting of the advisory board. The chairperson selected
pursuant to this subparagraph shall serve as
chairperson for the remainder of that year.
(5) Termination.--The advisory board shall terminate at the
end of the 10-year period specified in section 13.
SEC. 5. EMERGENCY CERVIDAE TUBERCULOSIS PROTECTION.-
(a) Insurance Program Authorized.--If the Secretary determines that
sufficient actuarial data are available and that establishment of an
insurance program is warranted, the Secretary may establish a voluntary
national insurance program to compensate participating owners for the
destruction of any cervidae found to be infected with or exposed to
tuberculosis, as provided in this Act.
(b) Participation Required for Indemnity Payments.--Indemnity
payments shall not be provided under this Act to any owner who does not
participate in the insurance program. In order to participate, the
owner must agree to insure the entire herd of the owner. A herd shall
not be eligible for coverage under the insurance program if the herd is
under active investigation regarding infection with or exposure to
tuberculosis, including traceback or quarantine for tuberculosis.
(c) Effective Date of Coverage.--Coverage under the insurance
program shall become effective upon the payment by the owner of--
(1) the premium established by the Secretary for
participation in section 6; or
(2) such portion of the premium as the Secretary may
require to initiate coverage.
(d) Compensation for Destruction of Insured Cervidae.--
(1) In general.--Except as provided in paragraph (2),
indemnity payments for the destruction of insured cervidae
shall be paid at rates established by the Secretary for the
insurance program, but not greater than 80 percent of the
declared market value of healthy cervidae at the time of the
destruction of the cervidae. The amount of compensation shall
be reduced by the salvage value and any other moneys received
by an owner for the destroyed cervidae.
(2) Limitation.--The amount of compensation provided for
the destruction of insured cervidae may not exceed the actual
fair market value of healthy cervidae, as determined by the
Secretary, at the time of the destruction of the cervidae.
Coverage shall not be retroactive.
SEC. 6. INSURANCE PREMIUMS.
(a) Rates.--Subject to subsection (b), the Secretary shall
establish premiums for insurance coverage under this Act at such rates
as the Secretary determines to be actuarially sufficient to cover
claims under the insurance program and to establish a reasonable
reserve against unforeseen losses in order to guarantee that the
insurance program will be self-funding before the end of--
(1) the 10-year period beginning on the date of the
enactment of this Act; or
(2) such earlier termination date as the Secretary may
establish for the insurance program.
(b) Maximum Premium.--The Secretary may not establish a premium
under this Act for an owner in excess of two percent annually of the
declared market value of the insured herd, as declared by the owner.
(c) Time for Payment.--Premiums shall be paid at such time or times
as the Secretary shall require.
(d) Denial or Reduction of Claims.--
(1) Limitation.--If the Secretary denies or reduces an
insurance claim under the insurance program, the Secretary
shall mail a notice of the denial or reduction to the claimant.
(2) Appeal.--Not later than six months after the date the
notice is mailed, the claimant may bring an administrative
appeal before the Secretary to review the denial or reduction
of the claim.
(3) Hearing.--If a claimant files an appeal, the Secretary
shall conduct a hearing on the record on the denial or
reduction of the claim.
(4) Final order.--The denial or reduction of the claim
shall be treated as a final order that is reviewable under
chapter 158 of title 28, United States Code.
SEC. 7. DEPOSIT AND INVESTMENT OF PREMIUMS RECEIVED.
(a) In General.--Premiums received under the insurance program that
are not immediately required to be expended may be--
(1) deposited in the Treasury of the United States or in
any bank approved by the Secretary of the Treasury, subject to
withdrawal by the Secretary of Agriculture at any time; or
(2) with approval of the Secretary of the Treasury,
invested in obligations of the United States or in obligations
guaranteed as to principal and interest by the United States.
(b) Federal Reserve Banks.--Subject to the approval of the
Secretary of the Treasury, the Federal Reserve Banks shall act as
depositories, custodians, and fiscal agents of the Secretary of
Agriculture in the performance of the powers of the Secretary of
Agriculture under this Act.
(c) Repayment of Borrowed Funds.--At the end of the 10-year period
specified in section 13, the Secretary shall repay, out of funds
remaining for the insurance program, the Commodity Credit Corporation
for all funds borrowed under section 10.
(d) Rebate of Unused Funds.--Any funds remaining after making the
repayment required under subsection (c) shall be rebated to policy
holders on a pro rated basis according to the premium paid.
SEC. 8. ENFORCEMENT.
In order to ensure the efficient execution of this Act, the
provisions (including penalties) of sections 6, 8, 9, and 10 of the
Federal Trade Commission Act (15 U.S.C. 46, 48, 49, and 50,
respectively), shall apply to the jurisdiction, powers, and duties of
the Secretary in enforcing this Act and to any person subject to Act,
whether or not a corporation.
SEC. 9. REGULATIONS.
The Secretary is authorized to issue such regulations as may be
necessary to carry out the provisions of this Act.
SEC. 10. AUTHORITY TO BORROW FUNDS FROM THE COMMODITY CREDIT
CORPORATION.
During the 10-year period specified in section 13, the Secretary
may borrow, under such terms as determined by the Secretary, funds
available to the Commodity Credit Corporation in an amount not to
exceed $7,000,000 to carry out the insurance program.
SEC. 11. EMERGENCY LIMITATIONS ON THE MOVEMENT OF CERVIDAE IN
INTERSTATE COMMERCE.
Because of the risk of spreading tuberculosis among cervidae and
other uninfected livestock, the movement or sale of cervidae in
interstate commerce shall be contingent upon proof of insurance
obtained under this Act or a waiver signed by the owner releasing the
Federal Government from liability for indemnity for the destruction of
cervidae exposed to or infected with tuberculosis.
SEC. 12. SEPARABILITY OF PROVISIONS.
The sections of this Act and subdivisions of sections are declared
to be separable, and in the event any one or more of the sections or
parts of the same of this Act be held to be unconstitutional, the same
shall not affect the validity of other sections or parts of sections of
this Act.
SEC. 13. TERMINATION.
The insurance program authorized by this section shall terminate at
the end of the 10-year period beginning on the date the Secretary first
offers insurance under the program. Any insurance policy provided under
the program that is still in effect upon the termination of the program
shall remain in effect for the remainder of the term of the policy,
except that no policy may be renewed after the termination date of the
program. | Emergency Cervidae Tuberculosis Protection Act - Authorizes the Secretary of Agriculture to establish a voluntary ten-year insurance program to compensate participating owners of domesticated cervidae (deer, elk, reindeer) for the destruction of animals injected with, or exposed to, tuberculosis.
Places specified limitations on the movement of cervidae in interstate commerce. | {"src": "billsum_train", "title": "Emergency Cervidae Tuberculosis Protection Act"} | 3,016 | 97 | 0.583906 | 1.623276 | 0.901341 | 3.016393 | 42.786885 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tribal Government Tax-Exempt Bond
Authority Amendments Act of 1995''.
SEC. 2. MODIFICATIONS OF AUTHORITY OF INDIAN TRIBAL GOVERNMENTS TO
ISSUE TAX-EXEMPT BONDS.
(a) General Provision.--Subsection (c) of section 7871 of the
Internal Revenue Code of 1986 (relating to Indian tribal governments
treated as States for certain purposes) is amended to read as follows:
``(c) Additional Requirements for Tax-Exempt Bonds.--
``(1) In general.--Subsection (a) of section 103 shall
apply to any obligation issued by an Indian tribal government
(or subdivision thereof) only if such obligation is part of an
issue 95 percent or more of the net proceeds of which are to be
used to finance facilities located on land within or in close
proximity to the exterior boundaries of an Indian reservation.
``(2) Private activity bonds.--Any private activity bond
(as defined in section 141(a)) issued by an Indian tribal
government (or subdivision thereof) shall be treated as a
qualified bond for purposes of section 103(b)(1) to which
section 146 does not apply if--
``(A) General restrictions.--The requirements of
section 144(a)(8)(B) and section 147 are met with
respect to the issue.
``(B) Specific restrictions.--
``(i) Ownership.--In the case of an issue
the net proceeds of which exceed $500,000, 50
percent or more of the profits or capital
interests in the facilities to be financed
thereby (or in the entity owning the
facilities) are owned either by an Indian
tribe, a subdivision thereof, a corporation
chartered under section 17 of the Indian
Reorganization Act of 1934 (25 U.S.C. 477) or
section 3 of the Oklahoma Welfare Act (25
U.S.C. 503), individual enrolled members of an
Indian Tribe, an entity wholly-owned by any of
the foregoing, or any combination thereof.
``(ii) Employment test.--It is reasonably
expected (at the time of issuance of the
obligations) that for each $100,000 of net
proceeds of the issue at least 1 employee
rendering services at the financed facilities
is an enrolled member of an Indian tribe or the
spouse of an enrolled member of an Indian
tribe.
``(3) Definitions.--For purposes of this subsection--
``(A) Indian tribe.--The term `Indian tribe' means
any Indian tribe, band, nation, pueblo, or other
organized group or community, including any Alaska
Native village, or regional or village corporation, as
defined in, or established pursuant to, the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.)
which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(B) Indian reservation.--The term `Indian
reservation' means a reservation, as defined in--
``(i) section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)); or
``(ii) section 4(10) of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1903(10)).
``(C) In close proximity to.--The term `in close
proximity to' means--
``(i) in the case of an Indian reservation,
or portion thereof, located within a
metropolitan statistical area (within the
meaning of section 143(k)(2)(B)), within 1 mile
of the boundaries of such reservation, or
portion thereof; and
``(ii) in the case of an Indian
reservation, or portion thereof, located within
a nonmetropolitan area (as defined in section
42(d)(5)(C)(iv)(IV)), within 15 miles of the
boundaries of such reservation, or portion
thereof.
``(D) Net proceeds.--The term `net proceeds' has
the meaning given such term by section 150(a)(3).''.
(b) Conforming Amendment.--Paragraph (3) of section 149(b) of the
Internal Revenue Code of 1986 (relating to federally guaranteed bond is
not exempt) is amended by redesignating subparagraph (D) as
subparagraph (E) and by inserting after subparagraph (C) the following
new subparagraph:
``(D) Exception for bonds issued by indian tribal
governments.--Paragraph (1) shall not apply to any bond
issued by an Indian tribal government (or subdivision
thereof) unless it is federally guaranteed within the
meaning of paragraph (2)(B)(ii).''.
SEC. 3. EXEMPTION FROM REGISTRATION REQUIREMENTS.
The first sentence of section 3(a)(2) of the Securities Act of 1933
(15 U.S.C. 77c(a)(2)) is amended by inserting ``or by any Indian tribal
government or subdivision thereof (within the meaning of section 7871
of the Internal Revenue Code of 1986),'' after ``or territories,''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply to obligations issued
after the date of the enactment of this Act. | Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995 - Amends the Internal Revenue Code to permit the issuance of tax- exempt bonds by an Indian tribal government if at least 95 percent of the net proceeds are used to finance tribal facilities. Provides for the tax-exempt treatment of any private activity bond issued by an Indian tribal government or subdivision as a qualified bond. Prescribes specific ownership restrictions and an employment test. Exempts from the exclusion any bond issued by such tribal government or subdivision unless it is federally guaranteed.
Amends the Securities Act of 1933 to exempt obligations issued by an Indian tribal government or subdivision from registration requirements. | {"src": "billsum_train", "title": "Tribal Government Tax-Exempt Bond Authority Amendments Act of 1995"} | 1,214 | 144 | 0.622983 | 1.509561 | 0.74274 | 2.877049 | 8.344262 | 0.893443 |
SECTION 1. LAND WITHDRAWAL AND RESERVATION FOR CRAGIN DAM.
(a) Definitions.--In this section:
(1) Covered land.--The term ``covered land'' means the
parcel of land consisting of approximately 512 acres that--
(A) is located in the Counties of Coconino and
Gila, Arizona; and
(B) is comprised of--
(i) approximately 300 feet of the crest of
the Cragin Dam and associated spillway;
(ii) the reservoir pool of the Cragin Dam
that consists of approximately 250 acres; and
(iii) the linear corridor and project
facilities that--
(I) consist of approximately 262
acres; and
(II) are used for--
(aa) access to the Cragin
Dam; and
(bb) the placement of
tunnels, pipelines, penstocks,
and electric transmission lines
with respect to the Cragin Dam.
(2) Cragin dam.--The term ``Cragin Dam'' means the C.C.
Cragin Dam and Reservoir (including each water and power
facility associated with the C.C. Cragin Dam and Reservoir).
(3) Department.--The term ``Department'' means the
Department of the Interior.
(4) District.--The term ``District'' means the Salt River
Project Agricultural Improvement and Power District.
(5) Linear corridor.--The term ``linear corridor'' means a
corridor--
(A) the width of which is approximately 200 feet;
(B) the length of which is approximately 11.5
miles;
(C) of which approximately 0.7 miles consists of an
underground tunnel;
(D) a portion of which is located in--
(i) sec. 31, sec. 32, sec. 33, and sec. 34,
T. 14 N., R. 11 E.;
(ii) sec. 36, T. 14 N., R. 10 E.;
(iii) sec. 4, sec. 5, sec. 6, sec. 7, and
sec. 8, T. 13 N., R. 11 E.;
(iv) sec. 12, sec. 13, sec. 24, sec. 25,
sec. 35, and sec. 36, T. 13 N., R. 10 E.; and
(v) sec. 1, sec. 11, sec. 12, sec. 14, and
sec. 23, T. 12 N., R. 10 E., of the Gila and
Salt River Meridians; and
(E) as generally depicted on the Map.
(6) Map.--The term ``Map'' means the map entitled ``C.C.
Cragin Dam and Reservoir Land'' and dated June 17, 2008.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
(b) Withdrawal of Covered Land.--Subject to valid existing rights,
with respect to reclamation, the covered land is permanently withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(c) Jurisdiction of Secretary of the Interior.--The Secretary of
the Interior shall have exclusive jurisdiction--
(1) with respect to the covered land withdrawn by
subsection (b); and
(2) to manage each reclamation project carried out on the
covered land in accordance with section 213(i) of the Arizona
Water Settlements Act (Public Law 108-451; 118 Stat. 3532).
(d) Responsibility of Secretary of the Interior and District.--In
accordance with paragraphs (4)(B) and (5) of section 213(i) of the
Arizona Water Settlements Act (Public Law 108-451; 118 Stat. 3533), the
Secretary of the Interior and the District shall ensure the compliance
of each activity carried out at the Cragin Dam with each applicable
Federal law (including regulations).
(e) Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall file
a copy of the Map with--
(A) each appropriate committee of Congress;
(B) the Secretary;
(C) the Governor of the State of Arizona; and
(D) the Archivist of the United States.
(2) Force and effect.--Each copy of the Map filed under
paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior
may correct clerical and typographical errors in the Map.
(f) Management Activities on Covered Land.--
(1) In general.--In accordance with paragraphs (2) and (3),
the Secretary of the Interior, in consultation with the
District, may enter into a contract with the Secretary to carry
out management activities on the covered land.
(2) Requirement.--In carrying out a management activity
under paragraph (1), the Secretary shall ensure that the
activity does not conflict with, or adversely affect, the
operation, maintenance, or repair of the Cragin Dam, as
determined by the Secretary of the Interior.
(3) Authorized management activities.--Authorized
management activities described in paragraph (1) include any
activity agreed to between the Secretary and the Secretary of
the Interior, including, with respect to the Cragin Dam--
(A) the management of--
(i) recreation;
(ii) wildland fire activities;
(iii) public conduct and law enforcement;
(iv) cultural resources; and
(v) other resources; and
(B) any other appropriate management activity.
(g) Access to Forest Service Roads.--
(1) In general.--To carry out the operation, maintenance,
and repair of the Cragin Dam, the Secretary--
(A) shall authorize employees of the Department and
the District to use certain roads under the
jurisdiction of the Forest Service, as determined by
the Secretary in coordination with the Secretary of the
Interior and the District; and
(B) may not require any individual described in
subparagraph (A) to apply for, or possess, a permit,
license, or other similar document as a condition for
authorization to use any road described in that
subparagraph.
(2) Compliance with federal laws.--In carrying out an
activity described in paragraph (1) through the use of roads
authorized under that paragraph, the Department and the
District shall comply with each applicable Federal law
(including regulations). | Withdraws specified land located in Coconino and Gila Counties, Arizona (covered land), from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Grants the Secretary of the Interior exclusive jurisdiction with respect to covered land to manage each reclamation project carried out on such land in accordance with the Arizona Water Settlements Act. Requires that Secretary and the Salt River Project Agricultural Improvement and Power District to ensure the compliance of each activity carried out at the C.C. Craigin Dam and Reservoir with applicable federal law.
Authorizes that Secretary to contract with the Secretary of Agriculture, acting through the Chief of the Forest Service, to carry out specified management activities on covered land that does not conflict with, or adversely affect, the operation, maintenance, or repair of the Dam, including the management of recreation, wildland fire activities, public conduct and law enforcement, and cultural and other resources.
Directs the Secretary of Agriculture, to carry out the operation, maintenance, and repair of the Dam, to authorize employees of the Department of the Interior and the District to use certain roads under Forest Service jurisdiction. Prohibits requiring any such individual from applying for or possessing a permit, license, or other similar document as a condition for authorization to use any such road. Requires the Department and the District to comply with applicable federal law. | {"src": "billsum_train", "title": "To clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes."} | 1,437 | 327 | 0.439384 | 1.433183 | 0.672979 | 5.372014 | 4.505119 | 0.935154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mobile Medical Homeless Health
Improvement Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The number of people experiencing homelessness on a
single night increased by 1.1 percent from 643,067 in January
2009 to 649,917 in January 2010. California, New York, and
Florida accounted for 40 percent of the total homeless
population.
(2) A total of 79,446 family households, including 241,951
persons in families, were homeless as of January 2010. Since
2009, the number of homeless families increased 1.2 percent,
and the number of homeless persons in families increased 1.6
percent.
(3) The number of people who were chronically homeless,
persons with severe disabilities and long-term homeless
histories, decreased 1 percent between 2009 and 2010, from
110,917 to 109,812.
(4) Out of those homeless individuals in a shelter, 34.7
percent suffered from substance abuse and 26.2 percent had a
serious mental illness.
(5) Mobile medical health care services can effectively
reach homeless populations and provide primary care,
screenings, dental care, medications, behavioral health care,
immunizations, lab tests, case management, benefits assistance
and assessments, and triage.
(6) Mobile medical health care services can provide health
care to homeless adults and children in urban, rural, and
suburban areas.
(7) The average cost of a visit to a provider of mobile
medical health care services is significantly below the average
cost of an emergency department visit. Visiting a mobile
medical health care service instead of the emergency department
can result in a cost savings of more than $800 per visit.
SEC. 3. IMPROVING ACCESS OF HOMELESS INDIVIDUALS TO MEDICAL SERVICES.
Subpart I of Part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by adding at the end the following
new section:
``SEC. 330M. PARTNERSHIPS TO IMPROVE ACCESS OF HOMELESS INDIVIDUALS TO
MEDICAL SERVICES.
``(a) In General.--The Secretary may award grants, contracts, or
cooperative agreements to eligible entities described in subsection (b)
to enable such entities to improve access of homeless individuals to
mobile medical health care services.
``(b) Eligible Entities.--To be eligible for a grant, contract, or
agreement under this section an entity shall--
``(1) be a partnership consisting of--
``(A) one or more hospitals; and
``(B) one or more other local health care
facilities, including clinics, health centers, primary
care facilities, mental health centers, pharmacies, or
other mobile medical assets (as such term is defined
for purposes of section 319C-2), whether or not such a
local health care facility is owned (either in whole or
in part) by a partnering hospital described in
subparagraph (A); and
``(2) submit to the Secretary, an application at such time,
in such manner, and containing such information as the
Secretary may require.
``(c) Use of Funds.--A grant, contract, or agreement awarded under
this section may be expended only for activities to increase access of
homeless individuals to mobile medical services, including primary
health services (as defined in section 330(b)(1)), substance abuse
services (as defined in section 330(h)(5)), and mental health
counseling.
``(d) Limitation on Awards.--A hospital or health care facility
shall not be eligible for a grant, contract, or agreement under this
section with respect to more than one partnership described in
subsection (b)(1).
``(e) Preference.--In awarding a grant, contract, or agreement
under this section, the Secretary shall give priority to any
application from a geographic area that has a comparatively high ratio
of homeless individuals to non-homeless individuals.
``(f) Supplement Not Supplant Requirement.--A grant, contract, or
agreement awarded under this section shall be expended to supplement,
and not supplant, the expenditures of the eligible entity involved and
the value of in kind contributions for the delivery of services to
homeless individuals.
``(g) Temporary Continued Provision of Services to Certain Former
Homeless Individuals.--If any grantee under this section has provided
services described in this section to a homeless individual under the
grant, contract, or agreement awarded under this section, such grantee
may, notwithstanding that the individual is no longer homeless as a
result of becoming a resident in permanent housing, expend the amount
so awarded to continue to provide such services to the individual for
not more than 12 months.
``(h) Definitions.--For purposes of this section:
``(1) Homeless individual.--The term `homeless individual'
has the meaning given such term in section 330(h)(5).
``(2) Mobile medical health care services.--The term
`mobile medical health care service' means any health care
related service provided in a moveable vehicle or a non-
permanent clinic.''. | Mobile Medical Homeless Health Improvement Act of 2013 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award grants, contracts, or cooperative agreements to hospitals or other local health care facilities to improve access of homeless individuals to mobile medical health care services (any health care related services provided in a moveable vehicle or a non-permanents clinic). Directs the Secretary to give priority to applicants from a geographic area that has a comparatively high ratio of homeless individuals to non-homeless individuals. Allows grantees to continue providing services to an individual who has received services under this Act for 12 months after he or she becomes a resident in permanent housing. | {"src": "billsum_train", "title": "Mobile Medical Homeless Health Improvement Act of 2013"} | 1,140 | 154 | 0.473217 | 1.354755 | 0.793444 | 3.977273 | 7.825758 | 0.886364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death in Custody Reporting Act of
2008''.
SEC. 2. STATE INFORMATION REGARDING INDIVIDUALS WHO DIE IN THE CUSTODY
OF LAW ENFORCEMENT.
(a) In General.--For each fiscal year after the expiration of the
period specified in subsection (c)(1) in which a State receives funds
for a program referred to in subsection (c)(2), the State shall report
to the Attorney General, on a quarterly basis and pursuant to
guidelines established by the Attorney General, information regarding
the death of any person who is detained, under arrest, or is in the
process of being arrested, is en route to be incarcerated, or is
incarcerated at a municipal or county jail, State prison, State-run
boot camp prison, boot camp prison that is contracted out by the State,
any State or local contract facility, or other local or State
correctional facility (including any juvenile facility).
(b) Information Required.--The report required by this section
shall contain information that, at a minimum, includes--
(1) the name, gender, race, ethnicity, and age of the
deceased;
(2) the date, time, and location of death;
(3) the law enforcement agency that detained, arrested, or
was in the process of arresting the deceased; and
(4) a brief description of the circumstances surrounding
the death.
(c) Compliance and Ineligibility.--
(1) Compliance date.--Each State shall have not more than
120 days from the date of enactment of this Act to comply with
subsection (a), except that--
(A) the Attorney General may grant an additional
120 days to a State that is making good faith efforts
to comply with such subsection; and
(B) the Attorney General shall waive the
requirements of subsection (a) if compliance with such
subsection by a State would be unconstitutional under
the constitution of such State.
(2) Ineligibility for funds.--For any fiscal year after the
expiration of the period specified in paragraph (1), a State
that fails to comply with subsection (a), shall, at the
discretion of the Attorney General, be subject to not more than
a 10 percent reduction of the funds that would otherwise be
allocated for that fiscal year to the State under subpart 1 of
part E of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as
the Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs, the Local Government Law Enforcement Block
Grants Program, the Edward Byrne Memorial Justice Assistance
Grant Program, or otherwise.
(d) Reallocation.--Amounts not allocated under a program referred
to in subsection (c)(2) to a State for failure to fully comply with
subsection (a) shall be reallocated under that program to States that
have not failed to comply with such subsection.
(e) Definitions.--In this section the terms ``boot camp prison''
and ``State'' have the meaning given those terms, respectively, in
section 901(a) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3791(a)).
(f) Study of Information Relating to Deaths in Custody.--
(1) Study required.--The Attorney General shall carry out a
study of the information reported under subsection (b) and
section 102(b) to--
(A) determine means by which such information can
be used to reduce the number of such deaths; and
(B) examine the relationship, if any, between the
number of such deaths and the actions of management of
such jails, prisons, and other specified facilities
relating to such deaths.
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Attorney General shall prepare and
submit to Congress a report that contains the findings of the
study required by paragraph (1).
SEC. 3. FEDERAL REPORTING REQUIREMENT.
(a) In General.--For each fiscal year, the Attorney General shall
collect information regarding the death of any person who is detained,
under arrest, or is in the process of being arrested by Federal
authorities, is en route to be incarcerated or detained, or is
incarcerated or detained at any facility pursuant to a contract with
the federal government (including any immigration or juvenile
facility), any State or local government facility used by a Federal
agency, and any Federal correctional facility or Federal pre-trial
detention facility.
(b) Information Required.--The report required by this section
shall include, at a minimum, the information required by section 2(b).
(c) Study.--Information gathered pursuant to subsection (a) shall
be analyzed and included in the study required by section 2(f). | Death in Custody Reporting Act of 2008 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is detained, under arrest, en route to incarceration, or incarcerated in state or local facilities or a boot camp prison. Imposes penalties on states that fail to comply with such reporting requirements.
Requires the Attorney General to: (1) study the information obtained from states relating to deaths in custody; and (2) collect information regarding the death of any person in custody for each fiscal year. | {"src": "billsum_train", "title": "To encourage States to report to the Attorney General certain information regarding the deaths of individuals in the custody of law enforcement agencies, and for other purposes."} | 1,094 | 134 | 0.591071 | 1.618143 | 0.659868 | 3.649123 | 8.561404 | 0.894737 |
SECTION 1. DEVELOPMENT OF NATIONAL STRATEGY.
(a) In General.--The President, acting through the Secretary,
shall, in consultation with the Attorney General, the Secretary of
State, the Secretary of Homeland Security, the Director of National
Intelligence, and the appropriate Federal banking agencies and Federal
functional regulators, develop a national strategy for combating the
financing of terrorism and related forms of illicit finance.
(b) Transmittal to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive national
strategy developed in accordance with subsection (a).
(2) Updates.--Not later than January 31, 2020, and January
31, 2022, the President shall submit to the appropriate
congressional committees updated versions of the national
strategy submitted under paragraph (1).
(c) Separate Presentation of Classified Material.--Any part of the
national strategy that involves information that is properly classified
under criteria established by the President shall be submitted to
Congress separately in a classified annex and, if requested by the
chairman or ranking member of one of the appropriate congressional
committees, as a briefing at an appropriate level of security.
SEC. 2. CONTENTS OF NATIONAL STRATEGY.
The strategy described in section 1 shall contain the following:
(1) Evaluation of existing efforts.--An assessment of the
effectiveness of and ways in which the United States is
currently addressing the highest levels of risk of various
forms of illicit finance, including those identified in the
documents entitled ``2015 National Money Laundering Risk
Assessment'' and ``2015 National Terrorist Financing Risk
Assessment'', published by the Department of the Treasury and a
description of how the strategy is integrated into, and
supports, the broader counter terrorism strategy of the United
States.
(2) Goals, objectives, and priorities.--A comprehensive,
research-based, long-range, quantifiable discussion of goals,
objectives, and priorities for disrupting and preventing
illicit finance activities within and transiting the financial
system of the United States that outlines priorities to reduce
the incidence, dollar value, and effects of illicit finance.
(3) Threats.--An identification of the most significant
illicit finance threats to the financial system of the United
States.
(4) Reviews and proposed changes.--Reviews of enforcement
efforts, relevant regulations and relevant provisions of law
and, if appropriate, discussions of proposed changes determined
to be appropriate to ensure that the United States pursues
coordinated and effective efforts at all levels of government,
and with international partners of the United States, in the
fight against illicit finance.
(5) Detection and prosecution initiatives.--A description
of efforts to improve, as necessary, detection and prosecution
of illicit finance, including efforts to ensure that--
(A) subject to legal restrictions, all appropriate
data collected by the Federal Government that is
relevant to the efforts described in this section be
available in a timely fashion to--
(i) all appropriate Federal departments and
agencies; and
(ii) as appropriate and consistent with
section 314 of the International Money
Laundering Abatement and Financial Anti-
Terrorism Act of 2001 (31 U.S.C. 5311 note), to
financial institutions to assist the financial
institutions in efforts to comply with laws
aimed at curbing illicit finance; and
(B) appropriate efforts are undertaken to ensure
that Federal departments and agencies charged with
reducing and preventing illicit finance make thorough
use of publicly available data in furtherance of this
effort.
(6) The role of the private financial sector in prevention
of illicit finance.--A discussion of ways to enhance
partnerships between the private financial sector and Federal
departments and agencies with regard to the prevention and
detection of illicit finance, including--
(A) efforts to facilitate compliance with laws
aimed at stopping such illicit finance while
maintaining the effectiveness of such efforts; and
(B) providing guidance to strengthen internal
controls and to adopt on an industry-wide basis more
effective policies.
(7) Enhancement of intergovernmental cooperation.--A
discussion of ways to combat illicit finance by enhancing--
(A) cooperative efforts between and among Federal,
State, and local officials, including State regulators,
State and local prosecutors, and other law enforcement
officials; and
(B) cooperative efforts with and between
governments of countries and with and between
multinational institutions with expertise in fighting
illicit finance, including the Financial Action Task
Force and the Egmont Group of Financial Intelligence
Units.
(8) Trend analysis of emerging illicit finance threats.--A
discussion of and data regarding trends in illicit finance,
including evolving forms of value transfer such as so-called
cryptocurrencies, other methods that are computer,
telecommunications, or Internet-based, cyber crime, or any
other threats that the Secretary may choose to identify.
(9) Budget priorities.--A multiyear budget plan that
identifies sufficient resources needed to successfully execute
the full range of missions called for in this section.
(10) Technology enhancements.--An analysis of current and
developing ways to leverage technology to improve the
effectiveness of efforts to stop the financing of terrorism and
other forms of illicit finance, including better integration of
open-source data.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate congressional committees''
means--
(A) the Committee on Financial Services, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on the Judiciary, Committee on
Homeland Security, and the Permanent Select Committee
on Intelligence of the House of Representatives; and
(B) the Committee on Banking, Housing, and Urban
Affairs, the Committee on Foreign Relations, Committee
on Armed Services, Committee on the Judiciary,
Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate;
(2) the term ``appropriate Federal banking agencies'' has
the meaning given the term in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813);
(3) the term ``Federal functional regulator'' has the
meaning given that term in section 509 of the Gramm-Leach-
Bliley Act (15 U.S.C. 6809);
(4) the term ``illicit finance'' means the financing of
terrorism, money laundering, or other forms of illicit
financing domestically or internationally, as defined by the
President;
(5) the term ``Secretary'' means the Secretary of the
Treasury; and
(6) the term ``State'' means each of the several States,
the District of Columbia, and each territory or possession of
the United States. | This bill requires the President to develop a strategy to prevent the financing of terrorism. The strategy shall contain: (1) an assessment of present efforts and existing threats, (2) proposed changes and initiatives, (3) a discussion of the role of the private sector and the enhancement of intergovernmental cooperation, (4) an analysis of emerging threats and the use of technological enhancements to stop the financing of terrorism, and (5) a multiyear budget plan . | {"src": "billsum_train", "title": "To require the President to develop a national strategy for combating the financing of terrorism and related forms of illicit finance, and for other purposes."} | 1,419 | 103 | 0.522804 | 1.441462 | 0.504434 | 2.2 | 14.955556 | 0.888889 |
SECTION 1. CENTER FOR SCIENTIFIC AND TECHNICAL ASSESSMENT.
(a) Establishment.--There shall be established a Center for
Scientific and Technical Assessment (in this section referred to as the
``Center'') to provide timely advice to the Congress on scientific and
technical aspects of public policy issues. The Center shall be
administered by a Director.
(b) Technical Assessment Board.--
(1) Establishment and purpose.--There shall be established
a Technical Assessment Board whose purpose shall be to provide
guidance to the Director of the Center to ensure that the
Center provides timely and useful responses to congressional
requests.
(2) Membership.--The Technical Assessment Board established
under paragraph (1) shall consist of--
(A) 6 members of the Senate appointed by the
President Pro Tempore of the Senate, including 3 from
the majority party and 3 from the minority party;
(B) 6 members of the House of Representatives
appointed by the Speaker of the House of
Representatives, including 3 from the majority party
and 3 from the minority party;
(C) the Comptroller General; and
(D) the Director of the Congressional Research
Service and the Director of the Center, who shall be
nonvoting members.
Service as a member on the Technical Assessment Board shall not
be construed under the rules of the House of Representatives or
the Senate as service as a member of a House of Representatives
or Senate Committee.
(3) Vacancies.--Vacancies in the membership of the
Technical Assessment Board shall not affect the authority of
the remaining members to act, and such vacancies shall be
filled in the same manner as in the case of the original
appointment.
(4) Chairman and vice chairman.--There shall be selected at
the beginning of each Congress a chairman and a vice chairman,
one of whom shall be a member of the Senate selected by the
members of the Technical Assessment Board who are members of
the Senate from among their number, and one of whom shall be a
member of the House of Representatives selected by the members
of the Technical Assessment Board who are members of the House
of Representatives from among their number. The chairmanship
and vice chairmanship shall alternate between the Senate and
the House of Representatives with each year. The chairman
during each odd-numbered year shall be a member of the House of
Representatives. The vice chairman shall act in the place of
the chairman in the absence of the chairman.
(5) Authority to act.--The Technical Assessment Board
established under this subsection may sit and act at such
places and times as it chooses, including during the sessions,
recesses, and adjourned periods of Congress.
(c) Director and Deputy Director.--
(1) Director.--The Director of the Center shall be
appointed by the Comptroller General with the approval of the
Technical Assessment Board and shall serve for a term of 6
years unless sooner removed by the Technical Assessment Board.
The Director shall receive basic pay at the rate provided for
level III of the Executive Schedule under section 5314 of title
5, United States Code.
(2) Powers and duties.--In addition to the powers and
duties vested by this section, the Director shall exercise such
powers and duties as may be delegated by the Technical
Assessment Board. The Director, with the permission of the
Comptroller General, shall have the authority to hire, remove,
or promote permanent staff and enter into contracts for
consultants, expert analysis, and peer reviewers described in
subsection (f). In consultation with the Technical Assessment
Board and with the approval of the Comptroller General, the
Director shall prepare the annual budget for the Center for
submission to Congress.
(3) Deputy director.--The Director may appoint, with the
approval of the Comptroller General, a Deputy Director who
shall perform such functions as the Director may prescribe and
who shall be Acting Director during the absence or incapacity
of the Director or in the event of a vacancy in the office of
Director. The Deputy Director shall receive basic pay at the
rate provided for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
(4) Conflicts of interest.--Neither the Director nor the
Deputy Director shall engage in any other business, vocation,
or employment than that of serving as such Director or Deputy
Director, as the case may be; nor shall the Director or Deputy
Director, except with the approval of the Comptroller General,
hold any office in, or act in any capacity for, any
organization, agency, or institution with which the Center
makes any contract or other arrangement under this section.
(d) Congressional Requests.--
(1) In general.--Any member of Congress may make requests
to the Technical Assessment Board that the Center conduct an
investigation and report to the requester, within a specified
time period, on any matter relating to scientific and technical
assessment.
(2) Formal calls for requests.--The chairman of the
Technical Assessment Board established under subsection (b)
shall submit to all members of Congress formal calls for
requests under this subsection.
(3) Prioritization.--Requests under paragraph (1) shall be
addressed by the Center in accordance with the following
priority order:
(A) Requests with bipartisan and bicameral support.
(B) Requests with bipartisan support.
(C) Requests from other members.
The Director, with the approval of the Technical Assessment
Board, may determine the final priority for consideration of
and fulfilling requests among and within each category
described in subparagraphs (A) through (C).
(e) Advisory Panels.--The Director may establish an advisory panel
as necessary to support each technical assessment report provided by
the Center. Such panels shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
(f) Peer Review.--Each report requested under this subsection shall
be subject to peer review before delivery to the committee or member of
Congress requesting the report. Such peer review shall consist of
rigorous vetting, checking, criticism, and recommendations for
improvement by independent, qualified experts in the various aspects of
the subject of the request under study. Independent experts shall
assess each Center report by considering the scientific method, factual
accuracy, results, and conclusions put forward by the authors. The peer
reviewers' comments shall be given to the report authors to allow for
change, improvement, and modification of the report before delivery to
the Director. After final review by the Director, and the approval of
the Technical Assessment Board, the report shall be delivered to the
committee or member of Congress requesting the report.
(g) Public Release.--Except for classified reports, the Center,
with the permission of the Technical Assessment Board, shall promptly
release a report requested under subsection (d) to the public, except
that such release shall be delayed by not more than 2 weeks at the
request of the Technical Assessment Board or a member of Congress.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Comptroller General for carrying out this section
$30,000,000 for each of the fiscal years 2005 through 2007, to remain
available until expended. | Establishes: (1) a Center for Scientific and Technical Assessment to provide timely advice to Congress on scientific and technical aspects of public policy issues, administered by a Director; and (2) a Technical Assessment Board to provide guidance to the Director to ensure that the Center provides timely and useful responses to congressional requests.
Authorizes the Director to appoint, with the approval of the Comptroller General, a Deputy Director. Prohibits the Director and Deputy Director from engaging in any other business, vocation, or employment, or (except with the Comptroller General's approval) holding any office in, or acting in any capacity for, any organization, agency, or institution with which the Center makes any contract or other arrangement under this Act.
Permits: (1) any Member of Congress to make requests to the Board that the Center conduct an investigation and report to the requester, within a specified time period, on any matter relating to scientific and technical assessment (and sets priorities for requests); and (2) the Director to establish an advisory panel as necessary to support each technical assessment report.
Requires each report to be subject to peer review before delivery to the committee or Member requesting it. Provides for public release of unclassified reports, subject to a delay of up to two weeks at the request of the Board or a Member. | {"src": "billsum_train", "title": "To provide for the establishment of a Center for Scientific and Technical Assessment."} | 1,515 | 286 | 0.543092 | 1.645317 | 0.839194 | 4.911197 | 5.571429 | 0.934363 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Daniel Webster Congressional
Clerkship Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Each year, many of the most talented law school
graduates in the country begin their legal careers as judicial
law clerks.
(2) The judicial clerkship program has given the judiciary
access to a pool of exceptional young lawyers at a relatively
low cost.
(3) These same lawyers then go on to become leaders of
their profession, where they serve a critical role in helping
to educate the public about the judiciary and the judicial
process.
(4) The White House, the administrative agencies of the
Executive Branch, the Administrative Office of the United
States Courts, the Federal Judicial Center, and the United
States Sentencing Commission, all operate analogous programs
for talented young professionals at the outset of their
careers.
(5) The Congress is without a similar program.
(6) At a time when our Nation faces considerable
challenges, the Congress and the public would benefit
immeasurably from a program, modeled after the judicial
clerkship program, that engages the brightest young lawyers in
the Nation in the legislative process.
(7) Accordingly, the Congress herein creates the Daniel
Webster Congressional Clerkship Program, named after one of the
most admired and distinguished lawyer-legislators ever to serve
in the Congress, to improve the business of the Congress and
increase the understanding of its work by the public.
SEC. 3. DANIEL WEBSTER CONGRESSIONAL CLERKSHIP PROGRAM.
(a) Selection Committees.--As used in this Act, the term
``Selection Committees'' means--
(1) the Committee on Rules and Administration of the
Senate; and
(2) the Committee on House Administration of the House of
Representatives.
(b) Establishment of Program.--There is hereby established the
Daniel Webster Congressional Clerkship Program for the appointment of
individuals who are graduates of accredited law schools to serve as
Congressional Clerks in the Senate or House of Representatives.
(c) Selection of Clerks.--Subject to the availability of
appropriations, the Selection Committees shall select Congressional
Clerks in the following manner:
(1) The Committee on Rules and Administration of the Senate
shall select not less than 6 Congressional Clerks each year to
serve as employees of the Senate for a 1-year period.
(2) The Committee on House Administration of the House of
Representatives shall select not less than 6 Congressional
Clerks each year to serve as employees of the House of
Representatives for a 1-year period.
(d) Selection Criteria.--In carrying out subsection (c), the
Selection Committees shall select Congressional Clerks consistent with
the following criteria:
(1) Each Congressional Clerk selected shall be a graduate
of an accredited law school as of the starting date of his or
her clerkship.
(2) Each Congressional Clerk selected shall possess--
(A) an excellent academic record;
(B) a strong record of achievement in
extracurricular activities;
(C) a demonstrated commitment to public service;
and
(D) outstanding analytic, writing, and oral
communication skills.
(e) Process.--After a Congressional Clerk is selected under this
section, such Congressional Clerk shall then interview for a position
in an office as follows:
(1) For a Congressional Clerk selected under subsection
(c)(1), the Congressional Clerk shall interview for a position
with any office of any Committee of the Senate, including any
Joint Committee or Select and Special Committee, or any office
of any individual Member of the Senate.
(2) For a Congressional Clerk selected under subsection
(c)(2), the Congressional Clerk shall interview for a position
with any office of any Committee of the House of
Representatives, including any Joint Committee or Select and
Special Committee, or any office of any individual Member of
the House of Representatives.
(f) Placement Requirements.--The Selection Committees shall ensure
that Congressional Clerks selected under this section are apportioned
equally between majority party and minority party offices.
(g) Compensation of Congressional Clerks.--Each Congressional Clerk
selected under this section shall receive the same compensation as
would, and comparable benefits to, an individual who holds the position
of a judicial clerkship for the United States District Court for the
District of Columbia within 3 months of graduating from law school.
(h) Required Adherence to Rules.--Each Congressional Clerk selected
under this section shall be subject to all laws, regulations, and rules
in the same manner and to the same extent as any other employee of the
Senate or House of Representatives.
(i) Exclusion From Limit on Number of Positions.--A Congressional
Clerk shall be excluded in determining the number of employees of the
office that employs the Clerk for purposes of--
(1) in the case of the office of a Member of the House of
Representatives, section 104 of the House of Representatives
Administrative Reform Technical Corrections Act (2 U.S.C. 92);
or
(2) in the case of any other office, any applicable
provision of law or any rule or regulation which imposes a
limit on the number of employees of the office.
(j) Rules.--The Selection Committees shall develop and promulgate
rules regarding the administration of the Congressional Clerkship
program established under this section.
(k) Member Defined.--In this section, the term ``Member of the
House of Representatives'' includes a Delegate or Resident Commissioner
to the Congress.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for fiscal year 2009 and
each succeeding fiscal year from the applicable accounts of the House
of Representatives and the contingent fund of the Senate such sums as
necessary to carry out the provisions of this Act. | Daniel Webster Congressional Clerkship Act of 2008 - Establishes the Daniel Webster Congressional Clerkship Program for the appointment of individuals who are graduates of accredited law schools to serve as Congressional Clerks in the Senate or House of Representatives.
Requires the Senate Committee on Rules and Administration and the House Committee on House Administration to each select at least six individuals for a one-year term to serve as employees in their respective chambers.
Specifies eligibility criteria for a Congressional Clerk, including that the selected candidate be a graduate of such a law school as of the starting date of his or her clerkship.
Requires the committees to ensure that Congressional Clerks selected under this Act are apportioned equally between majority and minority party offices.
Entitles each clerk selected to the same compensation as, and comparable benefits to, an individual who holds the position of a judicial clerkship for the U.S. District Court for the District of Columbia within three months of graduating from law school. | {"src": "billsum_train", "title": "A bill to establish the Daniel Webster Congressional Clerkship Program."} | 1,269 | 219 | 0.634964 | 1.799538 | 0.985149 | 5.072626 | 6.530726 | 0.927374 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Terrorist Notification Act of
2010''.
SEC. 2. PROVISION OF CERTAIN INTELLIGENCE RELATED TO MEMBERS OF THE
ARMED FORCES AND CIVILIAN EMPLOYEES AND CONTRACTORS OF
THE DEPARTMENT OF DEFENSE TO THE DEPARTMENT OF DEFENSE.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 402 et seq.) is amended by adding at the end the following new
section:
``provision of certain intelligence related to members of the armed
forces and civilian employees and contractors of the department of
defense to the department of defense
``Sec. 120. (a) In General.--Subject to subsection (b), the head
of an element of the intelligence community shall provide to the
Secretary of Defense any intelligence information obtained by such
element that indicates that a member of the Armed Forces, a civilian
employee of the Department of Defense, or a Department of Defense
contractor employee has communicated with a person that seeks to harm
the United States or United States interests.
``(b) Exception.--The head of an element of the intelligence
community may withhold information required to be provided under
subsection (a) if such head determines that providing such information
in accordance with such subsection would negatively affect an ongoing
investigation.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
119 the following new item:
``Sec. 120. Provision of certain intelligence related to members of the
Armed Forces and civilian employees and
contractors of the Department of Defense to
the Department of Defense.''.
SEC. 3. DEPARTMENT OF DEFENSE RESPONSE TO INTELLIGENCE INQUIRIES
REGARDING MEMBERS OF THE ARMED FORCES, CIVILIAN
EMPLOYEES, AND CONTRACTOR PERSONNEL.
(a) Prompt Response to Inquiries.--Chapter 80 of title 10, United
States Code, is amended by inserting after section 1564a the following
new section:
``Sec. 1564b. Response to intelligence inquiries regarding members,
civilian employees, and contractor personnel
``(a) Prompt Response Required.--The Secretary of Defense shall
prescribe a process for expediting an official response to any
information submitted by an element of the intelligence community
indicating that a member of the armed forces, a civilian employee of
the Department of Defense, or a Department of Defense contractor
employee has communicated with a person that seeks to harm the United
States or United States interests.
``(b) Response Goal.--To the maximum extent practicable, the
process prescribed under subsection (a) shall seek to achieve a
response time of not more than 24 hours after receiving information
from an element of the intelligence community described in such
subsection. At a minimum, the Secretary of Defense shall notify the
element of the intelligence community whether the contact of the member
of the armed forces, civilian employee of the Department of Defense, or
Department of Defense contractor employee with a person that seeks to
harm the United States or United States interests is directly related
to the duties and assignments of the member or employee within the
Department of Defense.
``(c) Annual Review.--The Secretary of Defense shall conduct an
annual review of the process prescribed under subsection (a) and shall
revise that process as determined necessary in relation to ongoing
Department of Defense missions.
``(d) Consultation Requirement.--The Secretary of Defense shall
consult with the Secretaries of the military departments and the heads
of Defense Agencies in carrying out this section.
``(e) Report.--The Secretary of Defense shall annually submit to
Congress a report containing--
``(1) the number of instances in which an element of the
intelligence community has provided information to the
Secretary of Defense indicating that a member of the armed
forces, a civilian employee of the Department of Defense, or a
Department of Defense contractor employee has communicated with
a person that seeks to harm the United States or United States
interests during the preceding year; and
``(2) the results of each investigation conducted by the
Secretary with respect to the instances referred to in
paragraph (1).
``(f) Intelligence Community Defined.--In this section, the term
`intelligence community' has the meaning given such term in section
3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Initial Report.--The first report required under section
1564b(e) of title 10, United States Code, as added by subsection (a) of
this section, shall be submitted not later than one year after the date
of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1564a the following new item:
``1564b. Response to intelligence inquiries regarding members, civilian
employees, and contractor personnel.''. | Terrorist Notification Act of 2010 - Amends the National Security Act of 1947 to direct the head of an element of the intelligence community (IC) to provide to the Secretary of Defense any intelligence information obtained by such IC element that indicates that a member of the Armed Forces, a civilian employee of the Department of Defense (DOD), or a DOD contractor employee has communicated with a person that seeks to harm the United States or U.S. interests. Allows an exception when the IC head determines that providing such information would negatively affect an ongoing investigation.
Requires: (1) the Secretary to prescribe a process for expediting an official response to any information submitted, and to seek to achieve such response within 24 hours after receipt of the information; (2) such response to include whether the contact of the member or employee with such a person is directly related to his or her duties; (3) the Secretary to annually review and revise the response process as necessary; and (4) the Secretary to report annually to Congress concerning the instances in which such information was provided and the response to the information. | {"src": "billsum_train", "title": "To require the head of an element of the intelligence community to provide to the Secretary of Defense any intelligence information obtained by such element that indicates the involvement of personnel of the Department of Defense with a terrorist organization, and for other purposes."} | 1,155 | 236 | 0.640332 | 1.827381 | 0.868596 | 4.276995 | 4.676056 | 0.906103 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Uncompensated Survivors
Today (JUST) Act of 2017''.
SEC. 2. ANNUAL REPORTING ON HOLOCAUST ERA ASSETS AND RELATED ISSUES.
(a) In General.--For covered countries, the Secretary of State
shall annually include within either the relevant Annual Country Report
on Human Rights Practices, the International Religious Freedom Report,
or other appropriate report as determined by the Secretary, an
assessment and description of the nature and extent of national laws or
enforceable policies regarding the identification and the return of or
restitution for wrongfully seized or transferred Holocaust era assets
and compliance with or progress toward the goals and objectives of the
2009 Terezin Declaration on Holocaust Era Assets and Related Issues,
including--
(1) the return to the rightful owner of any property,
including religious or communal property, that was wrongfully
seized or transferred;
(2) if return of such property is no longer possible, the
provision of comparable substitute property or the payment of
equitable compensation to the rightful owner in accordance with
principles of justice and through an expeditious claims-driven
administrative process that is just, transparent, and fair;
(3) the use of the Washington Conference Principles on
Nazi-Confiscated Art, agreed to December 3, 1998, and the
Terezin Declaration on Holocaust Assets and Related Issues,
agreed to June 30, 2009, in settling all claims involving
publically and privately held movable property;
(4) the restitution of heirless property to assist needy
Holocaust survivors, and for other purposes;
(5) the extent to which such laws and policies are
implemented and enforced in practice, including through any
applicable administrative or judicial processes; and
(6) the mechanism for and demonstrable progress on the
resolution of claims for United States citizen Holocaust
survivors and United States citizen family members of Holocaust
victims.
(b) Effective Date of Inclusion.--
(1) Inclusion in annual country report on human rights
practices or international religious freedom report.--If the
Secretary of State includes the information required under
subsection (a) in the report required under section 116(d) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d);
commonly referred to as the ``Annual Country Reports on Human
Rights Practices'') or the report required under section 102(b)
of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b); commonly referred to as the ``International Religious
Freedom Report''), the requirement to include such information
shall apply beginning with the first such report under either
Act, as the case may be, submitted later than 180 days after
the date of the enactment of this Act.
(2) Inclusion in other department of state report.--If the
Secretary of State includes the information required under
subsection (a) in an existing report of the Department of State
other than a report described in paragraph (1), the requirement
to include such information shall apply beginning with the
first such report submitted later than 180 days after the date
of the enactment of this Act.
(3) Inclusion in new report.--If the Secretary of State
includes the information required under subsection (a) in a new
report, the Secretary shall submit such report not later than
one year after the date of the enactment of this Act.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) Covered countries.--The term ``covered countries''
means signatories to the Terezin Declaration on Holocaust
Assets and Related Issues, agreed to June 30, 2009, that are
determined by the Special Envoy for Holocaust Issues, in
consultation with expert nongovernmental organizations, to be
countries of particular concern relative to the issues listed
in subsection (a).
(3) Wrongfully seized or transferred.--The term
``wrongfully seized or transferred'' includes confiscations,
expropriations, nationalizations, forced sales or transfers,
and sales or transfers under duress during the Holocaust era or
the period of Communist rule of a covered country. | Justice for Uncompensated Survivors Today (JUST) Act of 2017 This bill directs the Department of State, with respect to covered countries, to annually include within either the relevant Annual Country Report on Human Rights Practices, the International Religious Freedom Report, or other appropriate report an assessment of the nature and extent of national laws or enforceable policies regarding the identification, return, or restitution of wrongfully seized or transferred Holocaust era assets and compliance with the goals of the Terezin Declaration on Holocaust Era Assets and Related Issues, including: the return to the rightful owner of wrongfully seized or transferred property, including religious or communal property, or the provision of comparable substitute property or the payment of equitable compensation to the rightful owner; the use of the Washington Conference Principles on Nazi-Confiscated Art and the Terezin Declaration in settling claims involving publicly and privately held movable property; the restitution of heirless property to assist needy Holocaust survivors; and progress on the resolution of claims for U.S. citizen Holocaust survivors and family members. "Covered countries" means signatories to the Terezin Declaration that are determined by the Special Envoy for Holocaust Issues to be countries of particular concern with respect to such restitution. | {"src": "billsum_train", "title": "Justice for Uncompensated Survivors Today (JUST) Act of 2017"} | 958 | 279 | 0.740158 | 2.6973 | 0.826835 | 5.315556 | 3.862222 | 0.942222 |
SECTION 1. EMPOWERING FUTURE ENTREPRENEURS.
Title V of the Elementary and Secondary Education Act of 1965 is
amended--
(1) by striking the title heading and inserting the
following:
``TITLE V--PROMOTING EQUITY AND EMPOWERMENT''; and
(2) by adding at the end the following new part:
``PART D--EMPOWERING FUTURE ENTREPRENEURS
``SEC. 5401. SHORT TITLE AND FINDINGS.
``(a) Short Title.--This part may be cited as the ``Future
Entrepreneurs of America Act''.
``(b) Findings.--The Congress finds the following:
``(1) In order to reach their career goals in our dynamic
American economy, young people need to take personal
responsibility to obtain the skills, knowledge, constructive
attitudes, and experiences that will enable them to function as
creative, self-confident participants in the workforce.
``(2) Research has found that 61 percent of high school
students are interested in starting their own business and 75
percent of students believe it is important for the Nation's
schools to teach more about entrepreneurship and starting a
business.
``(3) States have begun to express increased interest in
entrepreneurship education. State educational leaders are
recognizing that self-employment is a viable career option for
young people and are exploring ways to better prepare them to
own and operate their own businesses.
``(4) As part of a lifelong learning process,
entrepreneurship education helps to increase the motivation of
young people to learn, helps them develop a sense of individual
opportunity, enhances their personal growth, helps them develop
an appreciation of the importance of innovation, helps develop
their problem solving and leadership skills, helps them learn
to manage their finances, and helps them develop the sort of
optimistic outlook and self-reliant attitudes that will benefit
them for their entire working lives.
``(5) Entrepreneurship education integrates instruction in
economic literacy, including how the economy functions, the
workings of the social security system, and the importance of
personal savings.
``(6) The entrepreneurs and inventors of tomorrow are in
our schools today. The entrepreneurial spirit needs to be
nurtured at all levels of our Nation's educational system
especially beginning with students in grades 7 through 12.
``SEC. 5402. STATE GRANT PROGRAM.
``(a) Authority.--In any fiscal year in which the appropriations
under section 5408(a) equal or exceed $50,000,000, the Secretary shall
make grants to States from allocations under subsection (d) to enable
them to carry out entrepreneurship education programs for students in
grades 7 through 12.
``(b) Agency To Receive Grant.--A grant award to a State under
subsection (a) shall be made to the State educational agency.
``(c) State Plan.--
``(1) Approved state plan required.--No State shall receive
a grant under subsection (a) unless it has submitted to the
Secretary a plan, which the Secretary has approved.
``(2) State plan contents.--The State plan described in
paragraph (1) shall include--
``(A) a description of how the State will use a
grant;
``(B) a description of how the programs supported
by a grant will--
``(i) involve the business community; and
``(ii) be coordinated with other relevant
Federal, State, regional, and local programs;
and
``(C) a description of how the State will evaluate
program performance.
``(d) Allocation of Funds.--
``(1) Allocation factors.--Except as otherwise provided in
paragraph (2), the Secretary shall allocate the amounts made
available to carry out this section pursuant to subsection (a)
to each State according to the relative populations in all the
States of students in grades 7 through 12, as determined by the
Secretary based on the most recent satisfactory data.
``(2) Minimum allocation.--Subject to the availability of
appropriations and notwithstanding paragraph (1), a State that
has submitted an approved plan under subsection (c) shall be
allocated an amount not less than $400,000 for a fiscal year.
``(3) Reallocation.--In any fiscal year an allocation under
this subsection--
``(A) for a State that has not submitted a plan
under subsection (c); or
``(B) for a State whose plan submitted under
subsection (c) has been disapproved by the Secretary;
shall be reallocated to the remaining States in accordance with
paragraph (1).
``(e) Use of Grant Funds.--
``(1) Required uses.--A grant made to a State under
subsection (a) shall be used--
``(A) to provide funds to local educational
agencies and public schools to carry out
entrepreneurship education programs for students
in grades 7 through 12 based on the concept of lifelong learning
necessary to encourage the entrepreneurial spirit; and
``(B) to monitor and evaluate programs supported
under subparagraph (A).
``(2) Permissible use.--A grant made to a State under
subsection (a) may be used for professional development that
helps to prepare teachers and administrators for
entrepreneurial education.
``(3) Limitation on administrative costs.--A State
receiving a grant under subsection (a) may use not more than 4
percent of the total amount of the grant in each fiscal year
for the administrative costs of carrying out this section.
``(f) Report to the Secretary.--Each agency receiving a grant as
described in subsection (b) shall transmit a report to the Secretary
with respect to each fiscal year for which a grant was received. The
report shall describe the programs supported by the grant and the
results of the State's monitoring and evaluation of such programs.
``SEC. 5403. DIRECT LOCAL GRANT PROGRAM.
``In any fiscal year in which the appropriations under section
5408(a) are less than $50,000,000, the Secretary may make grants
directly to local educational agencies and public schools to provide
entrepreneurship education to students in grades 7 through 12.
``SEC. 5404. CLEARINGHOUSE.
``(a) Authority.--The Secretary shall make a grant to or execute a
contract with an organization or institution with substantial
experience in the field of entrepreneurship education to establish,
operate, and maintain a national clearinghouse (in this part referred
to as the ``Clearinghouse'') for instructional materials and
information regarding exemplary entrepreneurship education programs and
best practices.
``(b) Application.--An organization or institution desiring to
establish, operate, and maintain the Clearinghouse shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may reasonably
require.
``(c) Basis and Term.--The Secretary shall make the grant or
contract authorized by subsection (a) on a competitive, merit basis for
a term of 5 years.
``(d) Use of Funds.--The Clearinghouse shall use the funds provided
under a grant or contract made under subsection (a)--
``(1) to maintain a repository of instructional materials
and related information regarding entrepreneurship education
programs for secondary schools, including middle schools, for
use by States, localities, and the general public;
``(2) to disseminate to States, localities, and the general
public, through electronic and other means, instructional
materials and related information regarding entrepreneurship
education programs for secondary schools, including middle
schools; and
``(3) to the extent that resources allow, to provide
technical assistance to States, localities, and the general
public on the design, establishment, and implementation of
entrepreneurship education programs for secondary schools,
including middle schools.
``(e) Consultation.--The Clearinghouse shall consult with the Small
Business Administration with respect to its activities under subsection
(d).
``(f) Submission to Clearinghouse.--Each Federal agency or
department that develops entrepreneurship education programs or
instructional materials for such programs shall submit to the
Clearinghouse information on the programs and copies of the materials.
``(g) Application of Copyright Laws.--In carrying out this section
the Clearinghouse shall ensure compliance with title 17, United States
Code.
``SEC. 5405. EVALUATION.
``(a) Performance Measures.--The Secretary shall develop measures
to evaluate the performance of programs assisted under sections 5402
and 5403.
``(b) Evaluation According to Performance Measures.--Applying the
performance measures developed under subsection (a), the Secretary
shall evaluate programs assisted under sections 5402 and 5403--
``(1) to judge their performance and effectiveness;
``(2) to identify which of the programs represent the best
practices of entities developing entrepreneurship education
programs for students in grades 7 through 12; and
``(3) to identify which of the programs can be replicated
and used to provide technical assistance to States, localities,
and the general public.
``SEC. 5406. REPORT TO THE CONGRESS.
``For each fiscal year for which there are appropriations under
section 5408(a), the Secretary shall transmit a report to the Congress
describing the status of the implementation of this part. The report
shall include the results of the evaluation required by section 5405
and a description of the programs supported under sections 5402 and
5403.
``SEC. 5407. DEFINITIONS.
``In this part--
``(1) the term `entrepreneurship education' means
educational activities and experiences, planned and supervised
by qualified teachers, that enable students to explore business
ownership opportunities, acquire the skills and knowledge
necessary to start a business, and develop a range of
entrepreneurial competencies that will help them to explore and
identify their lifelong career goals as business owners or as
competent employees; and
``(2) the term `qualified teacher' means a teacher who
holds a valid teaching certification or is considered to be
qualified by the State educational agency in the State in which
the teacher works.
``SEC. 5408. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--For the purposes of carrying out this part,
there are authorized to be appropriated $60,000,000 for each of the
fiscal years 2002 through 2006.
``(b) Limitation on Funds for Clearinghouse.--The Secretary may use
not less than 2 percent and not more than 5 percent of amounts
appropriated under subsection (a) for each fiscal year to carry out
section 5404.
``(c) Limitation on Funds for Secretary's Evaluation.--The
Secretary may use not more than $200,000 from the amounts appropriated
under subsection (a) for each fiscal year to carry out section 5405.
``(d) Limitation on Administrative Costs.--Except as provided in
subsection (b) and as necessary to carry out section 5405 using amounts
described in subsection (c), the Secretary shall not use any portion of
the amounts appropriated under subsection (a) for the costs of
administering this part.
``(e) Funds for Grants.--For each fiscal year the Secretary shall
use all amounts appropriated under subsection (a), other than the
amounts described in subsections (b) and (c), only for grants under
section 5402 or 5403.''. | Future Entrepreneurs of America Act - Amends the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to States for entrepreneurship education and training programs for students in grades seven through 12. Requires such grants to States in any fiscal year in which appropriations under this Act equal or exceed a specified amount. Authorizes the Secretary to make direct grants to local educational authorities and public schools for such programs, in any fiscal year for which appropriations do not reach the level required for grants to States.Directs the Secretary to: (1) make a competitive grant or contract for a national clearinghouse for instructional materials and information regarding exemplary entrepreneurship education and training programs and best practices; and (2) develop performance measures and evaluate programs assisted under this Act. | {"src": "billsum_train", "title": "To promote youth entrepreneurship education."} | 2,442 | 164 | 0.522649 | 1.453243 | 0.811765 | 2.680272 | 15.741497 | 0.92517 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Restoration and Irrigation
Mitigation Act of 2006''.
SEC. 2. PRIORITY PROJECTS; PARTICIPATION IN PROGRAM.
The Fisheries Restoration and Irrigation Mitigation Act of 2000 (16
U.S.C. 777 note; Public Law 106-502) is amended--
(1) in section 3--
(A) in subsection (a), by inserting ``as a pass-
through program'' before ``within the Department''; and
(B) in subsection (c)(3), by striking
``$5,000,000'' and inserting ``$2,500,000''; and
(2) in section 4, by striking subsection (b) and inserting
the following:
``(b) Nonreimbursable Federal and Tribal Expenditures.--Development
and implementation of projects under the Program on land or facilities
owned by the United States or an Indian tribe shall be nonreimbursable
expenditures.''.
SEC. 3. COST SHARING.
Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act
of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) by striking ``The value'' and inserting the following:
``(1) In general.--The value''; and
(2) by adding at the end the following:
``(2) Bonneville power administration.--Any amounts
provided by the Bonneville Power Administration directly or
through a grant to another entity for a project carried under
the Program shall be credited toward the non-Federal share of
the costs of the project.''.
SEC. 4. REPORT.
Section 9 of the Fisheries Restoration and Irrigation Mitigation
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) by inserting ``any'' before ``amounts are made''; and
(2) by inserting after ``Secretary shall'' the following:
``, after partnering with local governmental entities and the
States in the Pacific Ocean drainage area,''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Fisheries Restoration and Irrigation Mitigation
Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended--
(1) in subsection (a), by striking ``2001 through 2005''
and inserting ``2006 through 2012''; and
(2) in subsection (b), by striking paragraph (2) and
inserting the following:
``(2) Administrative expenses.--
``(A) Definition of administrative expense.--In
this paragraph, the term `administrative expense' means
any expenditure relating to--
``(i) staffing and overhead, such as the
rental of office space and the acquisition of
office equipment; and
``(ii) the review, processing, and
provision of applications for funding under the
Program.
``(B) Limitation.--
``(i) In general.--Except as provided in
subparagraph (C), a percentage of amounts up to
6 percent made available for each fiscal year,
as determined under clause (ii), may be used
for Federal (including tribal) and State
administrative expenses of carrying out this
Act.
``(ii) Formula.--For purposes of
determining the percentage of administrative
expenses to be made available under clause (i)
for a fiscal year--
``(I) 1 percent shall be provided
if less than $1,000,000 is made
available to carry out the Program for
the fiscal year;
``(II) 2 percent shall be provided
if $1,000,000 or more, but less than
$6,000,000, is made available to carry
out the Program for the fiscal year;
``(III) 3 percent shall be provided
if $6,000,000 or more, but less than
$11,000,000, is made available to carry
out the Program for the fiscal year;
``(IV) 4 percent shall be provided
if $11,000,000 or more, but less than
$15,000,000, is made available to carry
out the Program for the fiscal year;
``(V) 5 percent shall be provided
if $15,000,000 or more, but less than
$21,000,000, is made available to carry
out the Program for the fiscal year;
and
``(VI) 6 percent shall be provided
if $21,000,000 or more is made
available to carry out the Program for
the fiscal year.
``(iii) Federal and state shares.--To the
maximum extent practicable, of the amounts made
available for administrative expenses under
clause (i)--
``(I) 50 percent shall be provided
to the Federal agencies (including
Indian tribes) carrying out the
Program; and
``(II) 50 percent shall be provided
to the State agencies provided
assistance under the Program.
``(iv) State expenses.--Amounts made
available to States for administrative expenses
under clause (i)--
``(I) shall be divided evenly among
all States provided assistance under
the Program; and
``(II) on request of a project
sponsor, may be used to provide
technical support to the project
sponsor.
``(C) Technical assistance.--
``(i) In general.--Amounts expended by the
Secretary for the provision of technical
assistance relating to the Program shall not be
subject to the 6 percent limitation on
administrative expenses under subparagraph
(B)(i).
``(ii) Inclusions.--For purposes of clause
(i), expenditures for the provision of
technical assistance include any staffing
expenditures (including staff travel expenses)
associated with--
``(I) arranging meetings to promote
the Program to potential applicants;
``(II) assisting applicants with
the preparation of applications for
funding under the Program; and
``(III) visiting construction sites
to provide technical assistance, if
requested by the applicant.''. | Fisheries Restoration and Irrigation Mitigation Act of 2006 - Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to make the Fisheries Restoration and Irrigation Mitigation Program a pass-through program. Directs the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to give priority to any project that has a total cost of less than $2.5 million (currently, $5 million). Makes development and implementation of projects on land or facilities owned by an Indian tribe nonreimbursable expenditures.
Requires: (1) any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried out under the Program to be credited toward the non-federal share of project costs; and (2) the Secretary's report on projects under such Act to be made after partnering with local governmental entities and the states in the Pacific Ocean drainage area (Oregon, Washington, Montana, and Idaho).
Authorizes appropriations for the Act through FY2012. Sets forth a formula for determining the amounts that may be used for federal (including tribal) and state administrative expenses (based on the amount made available for the Program each fiscal year). | {"src": "billsum_train", "title": "A bill to amend the Bonneville Power Administration portions of the Fisheries Restoration and Irrigation Mitigation Act of 2000 to authorize appropriations for fiscal years 2006 through 2012, and for other purposes."} | 1,327 | 274 | 0.670626 | 2.050419 | 0.766636 | 3.53304 | 5.348018 | 0.845815 |
SECTION 1. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Approximately 60 percent of Indian tribe members and
Alaska Natives live on or adjacent to Indian lands, which
suffer from an average unemployment rate of 45 percent.
(2) Indian tribe members and Alaska Natives own more than
197,000 businesses and generate more than $34,000,000,000 in
revenues. The service industry accounted for 17 percent of
these businesses (of which 40 percent were engaged in business
and personal services) and 15.1 percent of their total
receipts. The next largest was the construction industry (13.9
percent and 15.7 percent, respectively). The third largest was
the retail trade industry (7.5 percent and 13.4 percent,
respectively).
(3) The number of businesses owned by Indian tribe members
and Alaska Natives grew by 84 percent from 1992 to 1997, and
their gross receipts grew by 179 percent in that period. This
is compared to all businesses which grew by 7 percent, and
their total gross receipts grew by 40 percent, in that period.
(4) The Small Business Development Center program is cost
effective. Clients receiving long-term counseling under the
program in 1998 generated additional tax revenues of
$468,000,000, roughly 6 times the cost of the program to the
Federal Government.
(5) Using the existing infrastructure of the Small Business
Development Center program, small businesses owned by Indian
tribe members, Alaska Natives, and Native Hawaiians receiving
services under the program will have a higher survival rate
than the average small business not receiving such services.
(6) Business counseling and technical assistance is
critical on Indian lands where similar services are scarce and
expensive.
(7) Increased assistance through counseling under the Small
Business Development Center program has been shown to reduce
the default rate associated with lending programs of the Small
Business Administration.
(b) Purposes.--The purposes of this Act are as follows:
(1) To stimulate economies on Indian lands.
(2) To foster economic development on Indian lands.
(3) To assist in the creation of new small businesses owned
by Indian tribe members, Alaska Natives, and Native Hawaiians
and expand existing ones.
(4) To provide management, technical, and research
assistance to small businesses owned by Indian tribe members,
Alaska Natives, and Native Hawaiians.
(5) To seek the advice of local Tribal Councils on where
small business development assistance is most needed.
(6) To ensure that Indian tribe members, Alaska Natives,
and Native Hawaiians have full access to existing business
counseling and technical assistance available through the Small
Business Development Center program.
SEC. 2. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(8) Additional grant to assist indian tribe members,
alaska natives, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement on Indian lands of small
business startups and expansions owned by Indian tribe
members, Alaska Natives, and Native Hawaiians.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Alaska
Natives, and Native Hawaiians that comprises at least 1
percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the
Administration an application that is in such form as
the Administration may require. The application shall
include information regarding the applicant's goals and
objectives for the services to be provided using the
grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Alaska Natives, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with local Tribal Councils.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements under
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph for one fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administration shall issue final regulations to carry
out this paragraph, including regulations that
establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Administration may require a Small
Business Development Center receiving
assistance under this paragraph to develop.
``(G) Definitions.--In this section, the following
definitions apply:
``(i) Indian lands.--The term `Indian
lands' has the meaning given the term `Indian
country' in section 1151 of title 18, United
States Code, the meaning given the term `Indian
reservation' in section 151.2 of title 25, Code
of Federal Regulations (as in effect on the
date of enactment of this paragraph), and the
meaning given the term `reservation' in section
4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903).
``(ii) Indian tribe.--The term `Indian
tribe' means any band, nation, or organized
group or community of Indians located in the
contiguous United States, and the Metlakatla
Indian Community, whose members are recognized
as eligible for the services provided to
Indians by the Secretary of the Interior
because of their status as Indians.
``(iii) Indian tribe member.--The term
`Indian tribe member' means a member of an
Indian tribe (other than a Alaska Native).
``(iv) Alaska native.--The term `Alaska
Native' has the meaning given the term `Native'
in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b)).
``(v) Native hawaiian.--The term `Native
Hawaiian' means any individual who is--
``(I) a citizen of the United
States; and
``(II) a descendant of the
aboriginal people, who prior to 1778,
occupied and exercised sovereignty in
the area that now constitutes the State
of Hawaii.
``(vi) Tribal organization.--The term
`tribal organization' has the meaning given
that term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(l)).
``(H) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2006
through 2008.
``(I) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
SEC. 3. STATE CONSULTATION WITH TRIBAL ORGANIZATIONS.
Section 21(c) of the Small Business Act (15 U.S.C. 648(c)) is
amended by adding at the end the following:
``(9) Advice of local tribal organizations.--A Small
Business Development Center receiving a grant under this
section shall request the advice of tribal organization on how
best to provide assistance to Indian tribe members, Alaska
Natives, and Native Hawaiians and where to locate satellite
centers to provide such assistance.''. | Amends the Small Business Act to authorize a Small Business Development Center in an eligible state to apply for an additional Small Business Administration grant to be used solely to provide services to assist with outreach, development, and enhancement on Indian lands of small business startups and expansions owned by Indian tribe members, Alaskan Natives, and Native Hawaiians. Defines an eligible state as one in which at least one percent of its population is comprised of such tribe members and Natives. Limits each grant to $300,000 in a fiscal year.
Requires a Small Business Development Center receiving such a grant to request the advice of tribal organizations on how best to provide assistance and where to locate satellite centers to provide it. | {"src": "billsum_train", "title": "To amend the Small Business Act to expand and improve the assistance provided by Small Business Development Centers to Indian tribe members, Native Alaskans, and Native Hawaiians."} | 1,892 | 153 | 0.538513 | 1.655182 | 0.696515 | 3.825758 | 13.083333 | 0.931818 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Primary Care Volunteer Incentive Act
of 2009''.
SEC. 2. PRIMARY CARE LOAN REPAYMENT PROGRAM.
Part C of title VII of the Public Health Service Act is amended by
adding at the end the following new section:
``SEC. 749. PRIMARY CARE LOAN REPAYMENT PROGRAM.
``(a) Purpose.--It is the purpose of this section to alleviate
critical shortages of primary care physicians.
``(b) Loan Repayments.--The Secretary shall establish a loan
repayment program of entering into contracts (under terms and
conditions specified by the Secretary and consistent with this section)
with eligible individuals under which, subject to subsection (i)(2)--
``(1) the individual agrees to serve without pay for at
least 4 hours each week for a period of 5 consecutive years--
``(A) as a primary care physician; and
``(B) at a health center, as defined in section
330, designated by the Secretary (as of the date of the
application of the individual for a contract under this
section) as serving an area with a shortage of primary
care physicians; and
``(2) the Secretary agrees to pay, for each year of such
service, not more than $5,000 of the principal and interest of
the graduate educational loans of the individual.
``(c) Eligibility.--To be eligible to participate in the loan
repayment program under this section, an individual must--
``(1) have a degree in medicine or osteopathic medicine;
``(2)(A) have completed an accredited graduate medical
residency training program in primary care medicine; or
``(B) be enrolled in such a residency training program; and
``(3) submit to the Secretary an application, in such form,
manner, and time as specified by the Secretary, for a contract
under this section.
``(d) Application, Contract, and Information Requirements.--The
provisions of section 338B(c) shall, except as inconsistent with this
section, apply to the loan repayment program under this section in the
same manner and to the same extent as such provisions apply to the
National Health Service Corps Loan Repayment Program under section
338B, except that each reference to a health professional shortage area
shall be deemed a reference to a community health center described in
subsection (b)(1)(B).
``(e) Priority.--In providing contracts under the loan repayment
program under this section, the Secretary shall give priority to
individuals who agree to serve in community health centers described in
subsection (b)(1)(B) that are located in areas that the Secretary, as
of the date of the individual's application for a contract under this
section, has designated under section 332 as health professional
shortage areas.
``(f) Approval Required for Participation.--An individual becomes a
participant in the loan repayment program under this section only upon
the Secretary and the individual entering into a written contract under
this section.
``(g) Payments.--
``(1) In general.--A loan repayment provided for an
individual under a written contract under this section shall
consist of payment, in accordance with paragraph (2), on behalf
of the individual of the principal, interest, and related
expenses on government and commercial loans received by the
individual regarding the graduate education of the individual,
which loans were made for--
``(A) tuition expenses;
``(B) all other reasonable educational expenses,
including fees, books, and laboratory expenses,
incurred by the individual; or
``(C) reasonable living expenses as determined by
the Secretary.
``(2) Payments for years served.--
``(A) In general.--For each year of service
described in subsection (b)(1) that an individual
contracts to serve under this section the Secretary may
pay not more than $5,000 on behalf of the individual
for loans described in paragraph (1). In making a
determination of the amount to pay for a year of such
service by an individual, the Secretary shall consider
the extent to which each such determination--
``(i) affects the ability of the Secretary
to maximize the number of contracts that can be
provided under the loan repayment program under
this section from the amounts appropriated for
such contracts;
``(ii) provides an incentive to serve in
community health centers with the greatest
shortage of primary care physicians; and
``(iii) provides an incentive with respect
to the individual involved remaining in an area
with a shortage of primary care physicians, and
continuing to provide health services in
primary care medicine, after the completion of
the period of service described in subsection
(b)(1).
``(B) Repayment schedule.--Any arrangement made by
the Secretary for the making of loan repayments in
accordance with this subsection shall provide that any
repayments for a year of service described in
subsection (b)(1) shall be made no later than the end
of the fiscal year in which the individual completes
such year of service.
``(3) Tax liability.--For the purpose of providing
reimbursements for tax liability resulting from payments under
paragraph (2) on behalf of an individual--
``(A) the Secretary shall, in addition to such
payments, make payments to the individual in an amount
equal to 39 percent of the total amount of loan
repayments made for the taxable year involved; and
``(B) may make such additional payments as the
Secretary determines to be appropriate with respect to
such purpose.
``(4) Payment schedule.--The Secretary may enter into an
agreement with the holder of any loan for which payments are
made under the loan repayment program under this section to
establish a schedule for the making of such payments.
``(h) Breach of Contract.--The provisions of section 338E shall
apply to an individual who breaches a contract under this section in
the same manner and to the same extent as such provisions apply to an
individual who breaches a contract under section 338B.
``(i) Definitions.--For purposes of this section:
``(1) Primary care medicine.--The term `primary care
medicine' shall include family medicine, general pediatrics,
and general internal medicine.
``(2) Primary care physician.--The term `primary care
physician' means a physician specializing in primary care
medicine.
``(j) Authorization of Appropriations.--
``(1) In general.--To carry out this section, there is
authorized to be appropriated such sums as are necessary for
each of the fiscal years 2009 through 2013.
``(2) Contingency.--Any financial obligation of the United
States arising out of a contract entered into under this
section and any obligation of the individual that is
conditioned thereon, is contingent on funds being appropriated
for loan repayments under paragraph (1).''. | Primary Care Volunteer Incentive Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a loan repayment program to repay up to $5,000 each year of an individual's graduate educational loans in exchange for such individual serving without pay as a primary care physician for at least four hours per week for five consecutive years at a community health center with a shortage of primary care physicians. Directs the Secretary to give priority to individuals who agree to serve in community health centers in designated health professional shortage areas.
Sets forth factors for the Secretary to consider in determining the amount to pay for each year of service.
Directs the Secretary to provide additional reimbursements for the individual's tax liability resulting from such payments. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for a competitive loan repayment program for primary care physicians who commit to volunteering part-time at community health centers."} | 1,494 | 159 | 0.603964 | 1.652372 | 0.755966 | 2.958333 | 9.8125 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting Transparency in Trade
Act''.
SEC. 2. PUBLICATION OF TEXTS WITH RESPECT TO NEGOTIATING ROUNDS.
(a) Negotiations.--Section 105(a)(1) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015 (19
U.S.C. 4204(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) with respect to each negotiating round for
the agreement, publish on a publicly available Internet
website--
``(i) the proposed United States text,
prior to the start of such negotiating round;
and
``(ii) the considered text, at the
conclusion of such negotiating round.''.
(b) Procedural Disapproval Resolution.--Section 106(b) of the
Bipartisan Congressional Trade Priorities and Accountability Act of
2015 (19 U.S.C. 4205(b)) is amended--
(1) in paragraph (1)--
(A) in the heading, by striking ``or
Consultations'' and inserting ``, Consultations, or
Publication of Texts''; and
(B) in subparagraph (B)--
(i) in clause (i)--
(I) by striking ``to notify or
consult'' and all that follows through
``on negotiations'' and inserting ``,
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015, to notify
or consult on, or publish texts with
respect to, negotiations''; and
(II) by striking ``notify or
consult.'' and inserting ``notify,
consult, or publish texts.''; and
(ii) in clause (ii)--
(I) in the matter preceding
subclause (I), by striking ``has
`failed or refused to notify or consult
in accordance with the Bipartisan
Congressional Trade Priorities and
Accountability Act of 2015' on
negotiations'' and inserting ``has
`failed, in accordance with the
Bipartisan Congressional Trade
Priorities and Accountability Act of
2015, to notify or consult on, or
publish texts with respect to,'
negotiations'';
(II) in subclause (III), by
striking ``or'' at the end;
(III) in subclause (IV), by
striking the period at the end and
inserting ``; or''; and
(IV) by adding at the end the
following:
``(V) the President has failed,
under section 105(a)(1)(E), to publish
texts with respect to each negotiating
round of the parties to the
agreement.''; and
(2) in paragraphs (3)(C) and (4)(C), by striking ``to
notify or consult'' and all that follows through ``on
negotiations'' and inserting ``, in accordance with the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015, to notify or consult on, or publish texts with
respect to, negotiations''.
(c) Definitions.--Section 111 of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C. 4210) is amended--
(1) by redesignating paragraphs (7) through (23) as
paragraphs (8) through (24), respectively;
(2) by inserting after paragraph (6) the following new
paragraph:
``(7) Considered text.--The term `considered text'--
``(A) means, with respect to a negotiating round,
each proposal considered during such negotiating round
related to the text of the agreement, tariff or service
sector schedules, or any other element of the agreement
(referred to as `the actual consolidated negotiating
text document'), whether proposed by the United States
or by another party to the negotiations and without
regard to any representation made by the United States
regarding the confidentiality of such proposal; and
``(B) includes, with respect to each such proposal,
an identification of each party to the negotiations
that offered or supported the proposal, if the proposal
was agreed to by one or more of the parties to such
negotiating round.'';
(3) by redesignating paragraphs (20) through (24), as so
redesignated by paragraph (1), as paragraphs (22) through (26),
respectively; and
(4) by inserting after paragraph (19), as so redesignated
by paragraph (1), the following new paragraphs:
``(20) Negotiating round.--The term `negotiating round'
means, with respect to negotiations on an agreement subject to
the provisions of section 103(b), a meeting of one or more of
the trade ministers (or designees) of any party to such
negotiations with a representative of the United States.
``(21) Proposed united states text.--The term `proposed
United States text' means a document that includes, with
respect to a negotiating round, each proposal drafted by the
United States to be submitted for consideration in such
negotiating round, including proposals related to the text of
the agreement, tariff or service sector schedules, or any other
element of the agreement.''.
SEC. 3. USTR TRANSPARENCY OFFICER.
Section 141(b)(3) of the Trade Act of 1974 is amended by adding at
the end the following: ``The Trade Representative shall ensure that the
individual who is appointed the Chief Transparency Officer does not,
because of any other position the individual holds or otherwise, have,
or appear to have, any conflict of interest in ensuring the
transparency of the activities of the Office of the Trade
Representative, including trade negotiations.''. | Promoting Transparency in Trade Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require the President to publish on a publicly available website the proposed U.S. text for a trade agreement regarding trade barriers before the start of a negotiating round and the considered text for such an agreement at the conclusion of each negotiating round. Congress may disapprove of trade authorities procedures (fast track) if the President has not published required negotiation texts for a proposed trade agreement. The bill amends the Trade Act of 1974 to direct the U.S. Trade Representative (USTR) to ensure that the Chief Transparency Officer of the Office of the USTR does not have, or appear to have, any conflict of interest in ensuring the transparency of the activities of the Office, including trade negotiations. | {"src": "billsum_train", "title": "Promoting Transparency in Trade Act"} | 1,305 | 177 | 0.550002 | 1.635809 | 0.849285 | 3.312925 | 8.068027 | 0.863946 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooperative Landscape Conservation
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a program administered by
the Secretary of the Interior to provide matching grants to certain
eligible entities to facilitate the acquisition of permanent
conservation easements on lands in order to conserve wildlife,
fisheries, public recreation, open space, and other important
conservation values where consistent with the continuation of
traditional uses of those lands by private landowners.
SEC. 3. ESTABLISHMENT OF THE COOPERATIVE LANDSCAPE PROTECTION PROGRAM.
(a) Establishment.--The Secretary of the Interior shall establish
and carry out a program, to be known as the Cooperative Landscape
Conservation Program, under which the Secretary, subject to the
availability of appropriations, shall provide grants to eligible
entities to provide the Federal share of the cost of acquiring
permanent conservation easements on private lands that provide
important wildlife, fisheries, public recreation, open space, or other
conservation benefits to the public, for the purpose of preventing the
loss of those benefits due to development that is inconsistent with the
traditional uses of the land.
(b) Application for Easements.--To request a grant under this
section, an eligible entity shall submit an application that--
(1) describes the property that will be subject to the
easement and the conservation benefits that will result from
acquiring the easement; and
(2) demonstrates how the traditional use of the property
will be maintained.
(c) Priority.--In providing grants under this section, the
Secretary shall give priority to grants to acquire easements that--
(1) are in areas where rapid population growth and
increasing land values are creating development pressures that
threaten traditional use of land and the ability to maintain
open space; and
(2) in comparison to other easements for which grant
applications are submitted under this section in the same year,
will provide the greatest conservation benefit for wildlife,
fish, natural resources, or open space while maintaining the
traditional use of land.
(d) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
acquiring a conservation easement with a grant under this
section may not exceed 50 percent of the total cost of
acquiring the easement.
(2) In-kind contributions.--Subject to such reasonable
conditions as the Secretary may establish, the Secretary shall
apply to the non-Federal share of the cost of such acquisition
the value of any land, interest in land, good, or service
applied to that acquisition.
(e) Title; Enforcement.--Title to a conservation easement acquired
with a grant under this section may be held and enforced only by an
eligible entity.
(f) State Certification.--As a condition of the receipt by an
eligible entity of a grant under subsection (a), the attorney general
of the State in which the conservation easement is to be acquired using
the grant funds must certify that the conservation easement to be
acquired is in a form that is sufficient, under the laws of the State,
to achieve the conservation purposes of the easement and the terms and
conditions of the grant.
(g) Technical Assistance.--The Secretary may not use more than 10
percent of the amount that is available for any fiscal year to carry
out this Act to provide technical assistance to carry out this section.
(h) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an agency of a State or local government;
(B) a federally recognized Indian tribe; or
(C) any organization that is organized for, and at
all times since its formation has been operated
principally for, one or more of the conservation
purposes specified in clause (i), (ii), or (iii) of
section 170(h)(4)(A) of the Internal Revenue Code of
1986 and--
(i) is described in section 501(c)(3) of
the Code;
(ii) is exempt from taxation under section
501(a) of the Code; and
(iii)(I) is described in paragraph (2) of
section 509(a) of the Code; or
(II) is described in paragraph (3) of such
section, but is controlled by an organization
described in paragraph (2) of such section.
(2) Traditional use.--The term ``traditional use'' means
the uses of land that are in practice at the time of the
submission of an application for a grant under this section.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of the
Interior to carry out this Act $100,000,000 for each of the fiscal
years 2004 through 2009. | Cooperative Landscape Conservation Act - Requires the Secretary of the Interior to establish and carry out the Cooperative Landscape Conservation Program to provide grants of up to 50 percent of the total cost to eligible entities for the acquisition of permanent conservation easements on private lands that provide important wildlife, fisheries, public recreation, open space, or other conservation benefits to the public, for the purpose of preventing the loss of those benefits due to development inconsistent with the traditional uses of the lands. | {"src": "billsum_train", "title": "To direct the Secretary of the Interior to establish the Cooperative Landscape Conservation Program."} | 1,031 | 102 | 0.683889 | 1.722304 | 1.433983 | 6.393258 | 10.719101 | 0.977528 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Youth Sports Concussion Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Scientific advancements and a greater understanding of
the issues that affect the health and safety of young athletes
are key to reducing sports related concussions in youth.
(2) The National Academies issued a report in 2013 finding
limited evidence that current helmet designs reduce the risk of
sports-related concussions and no evidence that mouthguards or
facial protection reduce concussion risk, and recommending that
the National Institutes of Health and the Department of Defense
fund research on biomechanical factors that influence injury
risk in youth.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Consumer Product Safety Commission should review
the National Academies' report and future research in this
area, including research as recommended by the National
Academies, for any matter that may impact products under the
Commission's jurisdiction;
(2) if protective equipment manufacturers choose to adopt
voluntary consumer product safety standards, the voluntary
standards should include mechanisms to ensure substantial
compliance by covered entities; and
(3) the Federal Trade Commission should review the National
Academies' report and future research in this area, including
research as recommended by the National Academies, for any
matter that may inform efforts to protect consumers from unfair
or deceptive practices in or affecting commerce.
SEC. 3. FALSE OR MISLEADING CLAIMS WITH RESPECT TO ATHLETIC SPORTING
ACTIVITY EQUIPMENT.
(a) Unlawful Activity.--It is unlawful for any person to sell, or
offer for sale, in interstate commerce, or import into the United
States for the purpose of selling or offering for sale, any item or
equipment intended, designed, or offered for use by an individual
engaged in any athletic sporting activity, whether professional or
amateur, for which the seller or importer, or any person acting on
behalf of the seller or importer, makes any deceptive claim with
respect to the safety benefits of such item.
(b) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a rule under
section 18 of the Federal Trade Commission Act (15 U.S.C. 57a)
regarding unfair or deceptive acts or practices.
(2) Powers of federal trade commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Regulations.--Notwithstanding any other
provision of law, the Federal Trade Commission may
promulgate under section 553 of title 5, United States
Code, such regulations as the Commission considers
necessary or appropriate to carry out this section.
(C) Privileges and immunities.--Any person who
violates subsection (a) shall be subject to the
penalties and entitled to the privileges and immunities
provided in the Federal Trade Commission Act as though
all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were
incorporated and made part of this section.
(D) Authority preserved.--Nothing in this section
shall be construed to limit the authority of the
Federal Trade Commission under any other provision of
law.
(c) Enforcement by States.--
(1) In general.--Except as provided in paragraph (4), in
any case in which the attorney general of a State has reason to
believe that an interest of the residents of the State has been
or is threatened or adversely affected by any person who
violates subsection (a), the attorney general of the State, as
parens patriae, may bring a civil action on behalf of the
residents of the State in an appropriate district court of the
United States to obtain appropriate injunctive relief.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal.
(3) Investigatory powers.--Nothing in this subsection shall
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(a) or a rule promulgated under subsection (b)(2)(B) the
attorney general of a State may not, during the pendency of
that action, bring a civil action under paragraph (1) against
any defendant named in the complaint of the Commission for the
violation with respect to which the Commission instituted such
action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in any district court of the United
States that meets applicable requirements relating to
venue under section 1391 of title 28, United States
Code.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--In addition to civil
actions brought by attorneys general under paragraph (1), any
other consumer protection officer of a State who is authorized
by the State to do so may bring a civil action under paragraph
(1), subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general. | . Youth Sports Concussion Act (Sec. 2) This bill expresses the sense of Congress that the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC) should review the National Academies' report on sports-related concussions and future research in such area for any matter that may impact products under the CPSC's jurisdiction or inform the FTC's efforts to protect consumers. (Sec. 3) The bill makes it unlawful to sell or offer for sale in interstate commerce, or import into the United States for such purposes, athletic sporting equipment for which the seller or importer makes any deceptive claim with respect to the safety benefits of such item. Violations shall be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. The bill sets forth the enforcement authority of the FTC. States may bring civil actions in federal court to obtain injunctive relief on behalf of state residents unless a civil or administrative action has already been instituted by the FTC. The FTC may intervene and appeal in state actions. | {"src": "billsum_train", "title": "Youth Sports Concussion Act"} | 1,524 | 238 | 0.669331 | 2.063205 | 0.791629 | 3.273632 | 6.955224 | 0.895522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wind Power Tax Incentives Act of
2005''.
SEC. 2. OFFSET OF PASSIVE ACTIVITY LOSSES AND CREDITS OF AN ELIGIBLE
TAXPAYER FROM WIND ENERGY FACILITIES.
(a) In General.--Section 469 of the Internal Revenue Code of 1986
(relating to passive activity losses and credits limited) is amended--
(1) by redesignating subsections (l) and (m) as subsections
(m) and (n), respectively; and
(2) by inserting after subsection (k) the following:
``(l) Offset of Passive Activity Losses and Credits From Wind
Energy Facilities.--
``(1) In general.--Subsection (a) shall not apply to the
portion of the passive activity loss, or the deduction
equivalent (within the meaning of subsection (j)(5)) of the
portion of the passive activity credit, for any taxable year
which is attributable to all interests of an eligible taxpayer
in qualified facilities described in section 45(d)(1).
``(2) Eligible taxpayer.--For purposes of this subsection--
``(A) In general.--The term `eligible taxpayer'
means, with respect to any taxable year, a taxpayer the
adjusted gross income (taxable income in the case of a
corporation) of which does not exceed $1,000,000.
``(B) Rules for computing adjusted gross income.--
Adjusted gross income shall be computed in the same
manner as under subsection (i)(3)(F).
``(C) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as a single taxpayer for purposes
of this paragraph.
``(D) Pass-thru entities.--In the case of a pass-
thru entity, this paragraph shall be applied at the
level of the person to which the credit is allocated by
the entity.''.
(b) Effective Date.--The amendments made by this section shall
apply to facilities placed in service after the date of the enactment
of this Act.
SEC. 3. APPLICATION OF CREDIT TO COOPERATIVES.
(a) In General.--Section 45(e) of the Internal Revenue Code of 1986
(relating to definitions and special rules) is amended by adding at the
end the following:
``(10) Allocation of credit to shareholders of
cooperative.--
``(A) Election to allocate.--
``(i) In general.--In the case of a
cooperative organization described in section
1381(a), any portion of the credit determined
under subsection (a) for the taxable year may,
at the election of the organization, be
apportioned pro rata among shareholders of the
organization on the basis of the capital
contributions of the shareholders to the
organization.
``(ii) Form and effect of election.--An
election under clause (i) for any taxable year
shall be made on a timely filed return for such
year. Such election, once made, shall be
irrevocable for such taxable year.
``(B) Treatment of organizations and patrons.--The
amount of the credit apportioned to any shareholders
under subparagraph (A)--
``(i) shall not be included in the amount
determined under subsection (a) with respect to
the organization for the taxable year, and
``(ii) shall be included in the amount
determined under subsection (a) for the taxable
year of the shareholder with or within which
the taxable year of the organization ends.
``(C) Special rules for decrease in credits for
taxable year.--If the amount of the credit of a
cooperative organization determined under subsection
(a) for a taxable year is less than the amount of such
credit shown on the return of the cooperative
organization for such year, an amount equal to the
excess of--
``(i) such reduction, over
``(ii) the amount not apportioned to such
shareholders under subparagraph (A) for the
taxable year, shall be treated as an increase
in tax imposed by this chapter on the
organization. Such increase shall not be
treated as tax imposed by this chapter for
purposes of determining the amount of any
credit under this subpart or subpart A, B, E,
or G.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act. | Wind Power Tax Incentives Act of 2005 - Amends the Internal Revenue Code to permit: (1) individual taxpayers with adjusted gross incomes (taxable incomes in the case of corporate taxpayers) of $1 million or less to offset passive activity losses and credits from energy-producing wind facilities against regular income; and (2) tax-exempt cooperative organizations (including farmers' cooperatives) to apportion pro rata among their shareholders tax credits received for investment in energy-producing wind facilities. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to encourage investment in facilities using wind to produce electricity, and for other purposes."} | 1,026 | 103 | 0.576562 | 1.387052 | 0.842909 | 2 | 9.76087 | 0.782609 |
SECTION 1. GRANTS FOR PURCHASE OF ULTRASOUND EQUIPMENT.
(a) In General.--The Secretary of Health and Human services may
make grants for the purchase of ultrasound equipment. Such ultrasound
equipment shall be used by the recipients of such grants to provide,
under the direction and supervision of a licensed medical physician,
free ultrasound examinations to pregnant woman needing such services.
(b) Eligibility Requirements.--An entity may receive a grant under
subsection (a) only if the entity meets the following conditions:
(1) The entity is a nonprofit private organization that is
approved by the Internal Revenue Service as a tax-exempt entity
under section 501(c)(3) of the Internal Revenue Code of 1986.
(2) The entity operates as a community based pregnancy help
medical clinic, as defined in subsection (f).
(3) The entity provides medical services to pregnant women
under the guidance and supervision of a physician who serves as
the medical director of the clinic and is duly licensed to
practice medicine in the State in which the entity is located.
(4) The entity is legally qualified to provide such medical
services to pregnant women and is in compliance with all
Federal, State, and local requirements for the provision of
such services.
(5) The entity agrees to comply with the following medical
procedures:
(A) Each pregnant woman upon whom the ultrasound
equipment is used will be shown the visual image of the
fetus from the ultrasound examination and will be given
a general anatomical and physiological description of
the characteristics of the fetus.
(B) Each pregnant woman will be given, according to
the best medical judgment of the physician performing
the ultrasound examination or the physician's agent
performing such exam, the approximate age of the embryo
or fetus considering the number of weeks elapsed from
the probable time of the conception of the embryo or
fetus, based upon the information provided by the
client as to the time of her last menstrual period, her
medical history, a physical examination, or appropriate
laboratory tests.
(C) Each pregnant woman will be given information
on abortion and alternatives to abortion such as
childbirth and adoption and information concerning
public and private agencies that will assist in those
alternatives.
(D) The entity will obtain and maintain medical
malpractice insurance in an amount not less than
$1,000,000, and such insurance will cover all
activities relating to the use of the ultrasound
machine purchased with the grant under subsection (a).
(6) The entity does not receive more than 30 percent of its
gross annual revenue from a single source or donor.
(c) Limitation on Individual Grant Amount.--No grant under
subsection (a) may be made in an amount that exceeds an amount equal to
50 percent of the purchase price cost of the ultrasound machine
involved, or $20,000, whichever is less.
(d) Application for Grant.--A grant may be made under subsection
(a) only if an application for the grant is submitted to the Secretary
and the application is in such form, is made in such manner, and
contains such agreements, assurances, and information as the Secretary
determines to be necessary to carry out this section.
(e) Annual Report to Secretary.--A grant may be made under
subsection (a) only if the applicant for the grant agrees to report on
an annual basis to the Secretary, in such form and manner as the
Secretary may require, on the ongoing compliance of the applicant with
the eligibility conditions established in subsection (b).
(f) Definitions.--For purposes of this Act:
(1) The term ``community based pregnancy help medical
clinic'' means a facility that--
(A) provides free medical services to pregnant
women under the supervision and direction of a licensed
physician who serves as the medical director for such
clinic; and
(B) does not charge for any services rendered to
its clients, whether or not such services are for
pregnancy or nonpregnancy related matters.
(2) The term ``Secretary'' means the Secretary of Health
and Human Services.
(g) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $3,000,000
for fiscal year 2003, and such sums as may be necessary for each of the
fiscal years 2004 through 2006. | Authorizes the Secretary of Health and Human Services to make grants to eligible nonprofit community based pregnancy help medical clinics to purchase ultrasound equipment to provide free examinations to pregnant women, under the direction and supervision of a licensed medical physician. Conditions eligibility on a clinic agreeing to provide each examined woman a visual image, the age, and a physical description of the fetus and information on abortion and alternatives. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make grants to nonprofit tax-exempt organizations for the purchase of ultrasound equipment to provide free examinations to pregnant women needing such services, and for other purposes."} | 910 | 90 | 0.598975 | 1.597032 | 1.232311 | 3.173333 | 11.746667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Livestock Assistance Act
of 2002''.
SEC. 2. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary of Agriculture shall use
$500,000,000 of the funds of the Commodity Credit Corporation to make
and administer payments for livestock losses to producers for--
(1) 2001 losses in a county that has received an emergency
designation by the President or the Secretary after January 1,
2001; or
(2) 2002 losses in a county that has received an emergency
designation by the President or the Secretary after January 1,
2002.
(b) Election.--The producers on a farm or ranch may elect to
receive payments under paragraph (1) or (2) of subsection (a), but not
both paragraphs.
(c) American Indian Livestock Program.--Of the amount made
available under subsection (a), the Secretary shall make $12,000,000
available for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549, 1549A-51).
(d) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 105-277; 114
Stat. 1549, 1549A-51).
(e) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this section.
SEC. 3. PAYMENT LIMITATIONS.
Section 1001 of the Food Security of 1985 (7 U.S.C. 1308) is
amended--
(1) in subsection (b), by striking ``$40,000'' each place
it appears and inserting ``$17,500'';
(2) in subsection (c), by striking ``$65,000'' each place
it appears and inserting ``$32,500''; and
(3) by striking subsection (d) and inserting the following:
``(d) Limitations on Marketing Loan Gains, Loan Deficiency
Payments, and Commodity Certificate Transactions.--
``(1) Loan commodities.--The total amount of the following
gains and payments that a person may receive during any crop
year may not exceed $90,000:
``(A)(i) Any gain realized by a producer from
repaying a marketing assistance loan for 1 or more loan
commodities under subtitle B of title I of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C.
7931 et seq.) at a lower level than the original loan
rate established for the loan commodity under that
subtitle.
``(ii) In the case of settlement of a marketing
assistance loan for 1 or more loan commodities under
that subtitle by forfeiture, the amount by which the
loan amount exceeds the repayment amount for the loan
if the loan had been settled by repayment instead of
forfeiture.
``(B) Any loan deficiency payments received for 1
or more loan commodities under that subtitle.
``(C) Any gain realized from the use of a commodity
certificate issued by the Commodity Credit Corporation
for 1 or more loan commodities, as determined by the
Secretary, including the use of a certificate for the
settlement of a marketing assistance loan made under
that subtitle.
``(2) Other commodities.--The total amount of the following
gains and payments that a person may receive during any crop
year may not exceed $90,000:
``(A)(i) Any gain realized by a producer from
repaying a marketing assistance loan for peanuts, wool,
mohair, or honey under subtitle B or C of title I of
the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7931 et seq.) at a lower level than the original
loan rate established for the commodity under those
subtitles.
``(ii) In the case of settlement of a marketing
assistance loan for peanuts, wool, mohair, or honey
under those subtitles by forfeiture, the amount by
which the loan amount exceeds the repayment amount for
the loan if the loan had been settled by repayment
instead of forfeiture.
``(B) Any loan deficiency payments received for
peanuts, wool, mohair, and honey under those subtitles.
``(C) Any gain realized from the use of a commodity
certificate issued by the Commodity Credit Corporation
for peanuts, wool, mohair, and honey, as determined by
the Secretary, including the use of a certificate for
the settlement of a marketing assistance loan made
under those subtitles.
``(f) Single Farming Operation.--Notwithstanding subsections (b)
through (e), if an individual participates only in a single farming
operation and receives, directly or indirectly, any payment or gain
covered by this section through the operation, the total amount of
payments or gains (as applicable) covered by this section that the
individual may receive during any crop year may not exceed twice the
dollar amount prescribed in this section.''.
SEC. 4. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act and the amendments
made by this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act and the amendments made by this Act shall be
made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | Emergency Livestock Assistance Act of 2002 - Directs: (1) the Secretary of Agriculture to make payments to livestock producers in emergency-designated counties who have suffered losses in 2001 or 2002; and (2) producers to elect payments for one but not both of such years. Obligates specified amounts for the American Indian livestock program.Amends the Food Security Act of 1985 to reduce direct and counter-cyclical payments that a producer may receive during any crop year for: (1) peanuts, and (2) covered commodities (wheat, corn grain sorghum, barley, oats, upland cotton, rice, soybeans, and other oilseeds).Increases the total gain that a producer may receive from marketing loans, loan deficiency payments, and commodity certificate coupons in any crop year from: (1) loan commodities; and (2) other commodities. Revises gain determination provisions, including the addition of commodity certificate coupons.Sets forth a specified limitation for single farming operations. | {"src": "billsum_train", "title": "A bill to provide emergency livestock assistance to agricultural producers, with an offset."} | 1,336 | 209 | 0.540361 | 1.513321 | 0.765016 | 1.95082 | 6.748634 | 0.79235 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Baseline Reform Act of 2015''.
SEC. 2. THE BASELINE.
Section 257 of the Balanced Budget and Emergency Deficit Control
Act of 1985 is amended to read as follows:
``SEC. 257. THE BASELINE.
``(a) In General.--(1) For any fiscal year, the baseline refers to
a projection of current-year levels of new budget authority, outlays,
or receipts and the surplus or deficit for the current year, the budget
year, and the ensuing nine outyears based on laws enacted through the
applicable date.
``(2) The baselines referred to in paragraph (1) shall be prepared
annually.
``(b) Direct Spending and Receipts.--For the budget year and each
outyear, estimates for direct spending in the baseline shall be
calculated as follows:
``(1) In general.--Laws providing or creating direct
spending and receipts are assumed to operate in the manner
specified in those laws for each such year and funding for
entitlement authority is assumed to be adequate to make all
payments required by those laws.
``(2) Exceptions.--(A)(i) No program established by a law
enacted on or before the date of enactment of the Balanced
Budget Act of 1997 with estimated current year outlays greater
than $50,000,000 shall be assumed to expire in the budget year
or the outyears. The scoring of new programs with estimated
outlays greater than $50,000,000 a year shall be based on
scoring by the Committees on the Budget or OMB, as applicable.
OMB, CBO, and the Committees on the Budget shall consult on the
scoring of such programs where there are differences between
CBO and OMB.
``(ii) On the expiration of the suspension of a provision
of law that is suspended under section 171 of Public Law 104-
127 and that authorizes a program with estimated fiscal year
outlays that are greater than $50,000,000, for purposes of
clause (i), the program shall be assumed to continue to operate
in the same manner as the program operated immediately before
the expiration of the suspension.
``(B) The increase for veterans' compensation for a fiscal
year is assumed to be the same as that required by law for
veterans' pensions unless otherwise provided by law enacted in
that session.
``(C) Excise taxes dedicated to a trust fund, if expiring,
are assumed to be extended at current rates.
``(D) If any law expires before the budget year or any
outyear, then any program with estimated current year outlays
greater than $50,000,000 that operates under that law shall be
assumed to continue to operate under that law as in effect
immediately before its expiration.
``(3) Hospital insurance trust fund.--Notwithstanding any
other provision of law, the receipts and disbursements of the
Hospital Insurance Trust Fund shall be included in all
calculations required by this Act.
``(c) Discretionary Spending.--For the budget year and each of the
nine ensuing outyears, the baseline shall be calculated using the
following assumptions regarding all amounts other than those covered by
subsection (b):
``(1) Estimated appropriations.--Budgetary resources other
than unobligated balances shall be at the level provided for
the budget year in full-year appropriation Acts. If for any
account a full-year appropriation has not yet been enacted,
budgetary resources other than unobligated balances shall be at
the level available in the current year.
``(2) Current-year appropriations.--If, for any account, a
continuing appropriation is in effect for less than the entire
current year, then the current-year amount shall be assumed to
equal the amount that would be available if that continuing
appropriation covered the entire fiscal year. If law permits
the transfer of budget authority among budget accounts in the
current year, the current-year level for an account shall
reflect transfers accomplished by the submission of, or assumed
for the current year in, the President's original budget for
the budget year.
``(d) Up-to-Date Concepts.--In calculating the baseline for the
budget year or each of the nine ensuing outyears, current-year amounts
shall be calculated using the concepts and definitions that are
required for that budget year.
``(e) Asset Sales.--Amounts realized from the sale of an asset
shall not be included in estimates under section 251, 251A, 252, or 253
of this part or section 5 of the Statutory Pay-As-You-Go Act of 2010 if
that sale would result in a financial cost to the Government as
determined pursuant to scorekeeping guidelines.
``(f) Long-Term Budget Outlook.--On or before July 1 of each year,
CBO shall submit to the Committees on the Budget of the House of
Representatives and the Senate the Long-Term Budget Outlook for the
fiscal year commencing on October 1 of that year and at least the
ensuing 40 fiscal years.''. | Baseline Reform Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to change the assumptions used in calculating the baseline for discretionary spending, which is the spending that is provided and controlled by appropriations bills. The baseline is a projection of federal spending and receipts during the fiscal year under current law. It is used by the Congressional Budget Office (CBO) and the Office of Management and Budget (OMB) to estimate the cost of legislation and produce other budget projections. The bill requires the baseline to cover a ten-year period and changes the assumptions the CBO and the OMB must use to project discretionary spending. It eliminates adjustments required under current law for inflation, expiring housing contracts, social insurance administrative expenses, and changes in federal pay and other benefits. By removing these adjustments, the bill requires the baseline to assume that discretionary spending will continue without an increase or a decrease to account for these factors. The bill also requires the CBO to annually submit to the congressional budget committees by July 1 the Long-Term Budget Outlook for the fiscal year beginning on October 1 and at least the next 40 fiscal years. | {"src": "billsum_train", "title": "Baseline Reform Act of 2015"} | 1,133 | 248 | 0.547131 | 1.511526 | 0.74615 | 1.669643 | 4.5625 | 0.723214 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Our Women From Ovarian
Cancer Act of 2002''.
SEC. 2. FINDINGS.
(1) Ovarian cancer is a serious and underrecognized threat
to women's health.
(2) Ovarian cancer, the deadliest of the gynecologic
cancers, is the fourth leading cause of cancer death among
women in the United States.
(3) Ovarian cancer occurs in 1 out of 57 women in the
United States.
(4) Approximately 50 percent of the women in the United
States diagnosed with ovarian cancer die as a result of the
cancer within 5 years; among African-American women, only about
48 percent survive 5 years or more.
(5) Ovarian cancer is readily treatable when it is detected
in the beginning stages before it has spread beyond the
ovaries, but the vast majority of cases are not diagnosed until
the advanced stages when the cancer has spread beyond the
ovaries.
(6) In cases where ovarian cancer is detected in the
beginning stages, more than 90 percent of women survive longer
than 5 years.
(7) Only 25 percent of ovarian cancer cases in the United
States are diagnosed in the beginning stages.
(8) In cases where ovarian cancer is diagnosed in the
advanced stages, the chance of 5-year survival is only about 25
percent.
(9) Ovarian cancer may be difficult to diagnose because
symptoms are easily confused with other diseases and because
there is no reliable, easy-to-administer screening tool.
SEC. 3. MEDICARE PREVENTIVE BENEFIT EXPANSION TO INCLUDE CERTAIN
SCREENING TESTS FOR OVARIAN CANCER.
(a) In General.--
(1) Coverage.--Section 1861 of the Social Security Act (42
U.S.C. 1395x) is amended--
(A) in subsection (s)(2)--
(i) by striking ``and'' at the end of
subparagraphs (U);
(ii) by adding ``and'' at the end of
subparagraph (V); and
(iii) by inserting after subparagraph (V)
the following new subparagraph:
``(W) qualified ovarian cancer screening tests (as defined
in subsection (ww)); and''; and
(2) by adding at the end the following new subsection:
``Qualified Ovarian Cancer Screening Tests
``(ww)(1) The term `qualified ovarian cancer screening test' means
a test that consists of any (or all) of the procedures described in
paragraph (2) provided for the purpose of early detection of ovarian
cancer to a woman over 50 years of age who has not had such a test
during the preceding year.
``(2) The procedures described in this paragraph are as follows:
``(A) A proteomic pattern blood test to identify ovarian
cancer.
``(B) Such other procedures as the Secretary finds
appropriate for the purpose of early detection of ovarian
cancer, taking into account changes in technology and standards
of medical practice, availability, effectiveness, costs, and
such other factors as the Secretary considers appropriate.''.
(2) Payment for proteomic pattern blood test under clinical
diagnostic laboratory test fee schedules.--
(A) In general.--Section 1833(h)(1)(A) of such Act
(42 U.S.C. 1395l(h)(1)(A)) is amended by inserting
after ``(including prostate cancer screening tests
under section 1861(oo) consisting of prostate-specific
antigen blood tests'' the following: ``, and including
ovarian cancer screening tests under section
1861(ww)(2)(A) consisting of proteomic pattern blood
tests''.
(B) Payment rate.--Section 1833(h)(7) of such Act
(42 U.S.C. 1395l(h)(7) is amended by inserting after
``a primary screening method for detection of cervical
cancer)'' the following: ``and qualified ovarian cancer
screening tests under section 1861(ww)(2)(A)''.
(3) Conforming amendments.--Section 1862(a) of such Act (42
U.S.C. 1395y(a)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (H), by striking
``and'' at the end,
(ii) in subparagraph (I), by striking the
semicolon at the end and inserting ``, and'',
and
(iii) by adding at the end the following
new subparagraph:
``(J) in the case of qualified ovarian cancer screening
tests (as defined in section 1861(ww)), which are performed
more frequently than is covered under such section;''; and
(B) in paragraph (7), by striking ``or (H)'' and
inserting ``(H), or (J)''.
(b) Contingent Effective Date.--(1) The amendments made subsection
(a) shall become effective (if at all) in accordance with paragraph
(2).
(2)(A) The Secretary of Health and Human Services shall submit to
Congress the report required under section 4(b) containing the results
of the evaluation conducted under section 4(a) analyzing the
effectiveness of using proteomic patterns in blood serum to identify
ovarian cancer, including the effectiveness of so using proteomic
patterns in combination with other screening methods for ovarian
cancer.
(B) The amendments made by subsection (a) shall become effective,
on the date that is the first day of the first calendar quarter that
begins after the Secretary submits the report referred to in
subparagraph (A), unless the Secretary includes in that report a
finding that use of such technique is not sufficiently effective,
reliable, or cost effective for use in detecting ovarian cancer in
medicare beneficiaries.
SEC. 4. RESEARCH AND REPORT ON EFFECTIVENESS OF USE OF PROTEOMIC
PATTERNS IN IDENTIFYING OVARIAN CANCER.
(a) Research.--The Secretary of Health and Human Services, acting
through the Director of the National Institutes of Health, shall
conduct or support research on the effectiveness of the medical
screening technique of using proteomic patterns in blood serum to
identify ovarian cancer, including the effectiveness of so using
proteomic patterns in combination with other screening methods for
ovarian cancer.
(b) Report.--The Secretary shall submit to Congress a report on the
research conducted under subsection (a), and shall include an
evaluation of such research that analyses the effectiveness of such
medical screening technique. | Protect Our Women From Ovarian Cancer Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act to expand the Medicare preventive benefit to include qualified screening tests for ovarian cancer.Directs the Secretary of Health and Human Services to conduct or support research, and report to Congress, on the effectiveness of the medical screening technique of using proteomic patterns in blood serum to identify ovarian cancer. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for coverage under the Medicare Program of certain tests to screen for ovarian cancer upon certification by the Director of the National Institutes of Health that such tests are effective."} | 1,488 | 93 | 0.518213 | 1.29673 | 0.459953 | 4.493333 | 17.053333 | 0.946667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Lands Counterdrug Strategy
and Enforcement Enhancement Act''.
SEC. 2. FEDERAL LANDS COUNTERDRUG STRATEGY.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, and every 2 years thereafter, the Director of
National Drug Control Policy shall submit to the Congress a Federal
Lands Counterdrug Strategy.
(b) Purposes.--The Federal Lands Counterdrug Strategy shall--
(1) set forth the Government's strategy for preventing the
illegal production, cultivation, manufacture, and trafficking
of controlled substances on covered lands;
(2) state the specific roles and responsibilities of the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, for implementing that strategy;
and
(3) identify the specific resources required to enable the
relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, and
the Bureau of Land Management, to implement that strategy.
(c) Specific Content Related to Marijuana Eradication.--The Federal
Lands Counterdrug Strategy shall include--
(1) a strategy to reduce the cultivation and trafficking of
marijuana on covered lands; and
(2) an examination of how technology available when the
Federal Lands Counterdrug Strategy is being prepared, including
herbicides, can be used to reduce the cultivation and
trafficking of marijuana on covered lands.
(d) Specific Content Related to the Effect of Land-Management Laws
on the Enforcement of Drug Laws.--The Federal Lands Counterdrug
Strategy shall include an analysis of the effect of Federal laws
related to the management of covered lands on the enforcement of the
Controlled Substances Act (21 U.S.C. 801 et seq.) and on such other
Federal laws related to the importation, manufacture, distribution,
possession, or use of controlled substances as the Director considers
appropriate. The analysis shall include an assessment of--
(1) whether such land-management laws hinder enforcement on
covered lands of such laws related to controlled substances;
(2) whether any hindrance of enforcement described in
paragraph (1) results from restrictions under such land-
management laws that--
(A) limit the use of tools or strategies, including
motor vehicles, used by law enforcement personnel to
enforce such laws related to controlled substances in
areas that are not on covered lands; or
(B) result in a lack of access to areas on covered
lands that creates havens for the importation,
manufacture, distribution, possession, or use of
controlled substances; and
(3) whether any additional authorities, including
exceptions from or waiver authority with respect to such land-
management laws, are needed to prevent the importation,
manufacture, distribution, possession, or use of controlled
substances on covered lands and to secure such lands from
related criminal activity.
(e) Consultation With Other Agencies.--The Director shall issue the
Federal Lands Counterdrug Strategy in consultation with the heads of
the relevant agencies, including the National Drug Control Program
agencies, the Forest Service, the National Park Service, the Bureau of
Land Management, and any relevant State, local, and tribal law
enforcement agencies.
(f) Limitation.--The Federal Lands Counterdrug Strategy shall not
change existing agency authorities or the laws governing interagency
relationships, but may include recommendations about changes to such
authorities or laws.
(g) Report to Congress.--The Director shall provide a copy of the
Federal Lands Counterdrug Strategy to the appropriate congressional
committees (as defined in section 702(12) of the Office of National
Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(12))).
(h) Treatment of Classified or Law Enforcement Sensitive
Information.--Any content of the Federal Lands Counterdrug Strategy
that involves information classified under criteria established by an
Executive order, or whose public disclosure, as determined by the
Director or the head of any relevant National Drug Control Program
agency, would be detrimental to the law enforcement or national
security activities of any Federal, State, local, or tribal agency,
shall be presented to Congress separately from the rest of the
strategy.
(i) Definitions.--In this section:
(1) Controlled substance.--The term ``controlled
substance'' has the meaning given such term in section 102(6)
of the Controlled Substances Act (21 U.S.C. 802(6)).
(2) Covered lands.--The term ``covered lands'' means units
of the National Park System, National Forest System lands, and
public lands (as such term is defined in section 103(e) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1702(e))).
(3) National drug control program agency.--The term
``National Drug Control Program agency'' has the meaning given
such term in section 702(7) of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701(7)).
SEC. 3. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON FEDERAL LANDS.
(a) Cultivating or Manufacturing Controlled Substances on Federal
Property.--Section 401(b)(5) of the Controlled Substances Act (21
U.S.C. 841(b)(5)) is amended by striking ``imprisoned as provided in''
and all that follows through the end of the paragraph and inserting
``fined not more than $500,000 if the defendant is an individual or
$1,000,000 in any other case, or imprisoned not more than 10 years, or
both. Imprisonment imposed under this paragraph shall run consecutively
to any imprisonment imposed for the offense under any other provision
of this title or title III.''.
(b) Use of Hazardous Substances on Federal Land.--Section 401(b)(6)
of such Act (21 U.S.C. 841(b)(6)) is amended--
(1) by striking ``five'' and inserting ``10''; and
(2) by adding at the end the following: ``A sentence of
imprisonment imposed under this paragraph shall run
consecutively to any imprisonment imposed for the offense under
any other provision of this title or title III.''.
(c) Unauthorized Stream Diversion or Unauthorized Vegetation
Removal on Federal Land.--Section 401(b) of such Act (21 U.S.C. 841(b))
is amended by adding at the end the following:
``(8) Whoever violates subsection (a) by manufacturing or
cultivating a controlled substance on Federal land, and to facilitate
or in the course of such violation knowingly--
``(A) without authorization, diverts an aquifer, spring,
stream, river, or body of water; or
``(B) without authorization, removes vegetation on Federal
land;
shall be fined under title 18, United States Code, or imprisoned not
more than 10 years, or both. Imprisonment imposed under this paragraph
shall run consecutively to any imprisonment imposed for the offense
under any other provision of this title or title III.''.
(d) Boobytraps on Federal Property.--Section 401(d) of such Act (21
U.S.C. 841(d)) is amended by adding at the end the following:
``(4) Imprisonment imposed under this subsection shall run
consecutively to any imprisonment imposed for the offense under any
other provision of this title or title III.''.
(e) Use or Possession of Firearms in Connection With Drug Offenses
on Federal Lands.--Section 924(c) of title 18, United States Code, is
amended by adding at the end the following:
``(6) In imposing a sentence under this subsection, the court shall
consider it as an aggravating factor warranting a longer sentence of
imprisonment if the offense was a violation of the Controlled
Substances Act or the Controlled Substances Import and Export Act and
took place on Federal lands.''. | Federal Lands Counterdrug Strategy and Enforcement Enhancement Act - Requires the Director of National Drug Control Policy to develop and submit to Congress a Federal Lands Counterdrug Strategy. Sets forth specific Strategy requirements.
Requires the separate presentation to Congress of any content of the Strategy that involves classified information or whose public disclosure would be detrimental to the law enforcement or national security activities of federal, state, or tribal agencies.
Revises penalties for: (1) the cultivation or manufacture of controlled substances on federal property; (2) the use of hazardous substances on federal land; (3) placing a boobytrap on federal property where a controlled substance is being manufactured or distributed; and (4) the use or possession of a firearm in connection with a drug trafficking crime on federal land.
Sets forth penalties for an unauthorized diversion of water or an unauthorized removal of vegetation on federal land in order to knowingly manufacture or cultivate a controlled substance. | {"src": "billsum_train", "title": "To require the Director of National Drug Control Policy to develop a Federal Lands Counterdrug Strategy and to provide for enhanced penalties for certain drug offenses on Federal lands."} | 1,817 | 203 | 0.604084 | 1.807677 | 0.890185 | 2.52809 | 8.719101 | 0.88764 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Basel III Capital Impact Study
Act''.
SEC. 2. STUDY REQUIRED.
The Office of the Comptroller of the Currency, the Board of
Governors of the Federal Reserve System, and the Federal Deposit
Insurance Corporation (hereinafter, the ``Federal banking agencies'')
shall conduct the study and issue the report to Congress required by
section 3, prior to issuing any final rule amending the agencies'
general risk-based capital requirements for--
(1) determining risk-weighted assets as proposed in the
Standardized Approach for Risk Weighted Assets Notice of
Proposed Rulemaking issued in June 2012 (hereinafter, the
``Standardized Approach NPR'');
(2) determining risk-weighted assets as proposed in the
Advanced Approaches Risk-based Capital Rule; Market Risk
Capital Rule Notice of Proposed Rulemaking issued in June 2012
(hereinafter, the ``Advanced Approach NPR''); and
(3) determining minimum regulatory capital ratios as
proposed in the Regulatory Capital, Implementation of Basel
III, Minimum Regulatory Capital Ratios, Capital Adequacy,
Transition Provisions, and Prompt Corrective Action Notice of
Proposed Rulemaking issued in June 2012 (hereinafter, the
``Basel III NPR'').
SEC. 3. STUDY AND REPORT.
(a) Study.--
(1) In general.--The Federal banking agencies shall,
jointly, conduct a study of the impact of the Standardized
Approach NPR and the Advanced Approach NPR, respectively, on
the minimum regulatory capital requirements of insured
depository institutions and insured depository institution
holding companies. As part of this study, the Federal banking
agencies shall separately identify the various provisions of
the Dodd-Frank Wall Street Reform and Consumer Protection Act,
and of amendments made by that Act, that affect capital
quality, capital levels, asset quality, and the risk management
activities of insured depository institutions and insured
depository holding companies (hereinafter ``identified
provisions'') and take into consideration the impact of such
provisions. Without excluding any provisions the Federal
banking agencies identify as affecting capital quality, capital
levels, asset quality, and the risk management activities of
insured depository institutions and insured depository holding
companies, the identified provisions shall include the
following provisions of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, and the amendments made by such
provisions of such Act:
(A) Section 115 (regarding enhanced supervision and
prudential standards).
(B) Section 165 (regarding enhanced supervision and
prudential standards).
(C) Section 166 (regarding early remediation
requirements).
(D) Section 171 (regarding leverage and risk-based
capital requirements).
(E) Section 619 (regarding prohibitions on
proprietary trading and certain relationships with
hedge funds and private equity funds).
(F) Section 939 (regarding the removal of statutory
references to credit ratings).
(G) Section 941 (regarding regulation of credit
risk retention and exemption of qualified residential
mortgages).
(H) Section 1412 (regarding safe harbor and
rebuttable presumptions for qualified mortgages).
(2) Contents of study.--In conducting the study required in
paragraph (1), the Federal banking agencies shall determine and
make projections of the likely cumulative impact of the
Standardized Approach NPR, the Advanced Approach NPR, the Basel
III NPR, and the identified provisions on required regulatory
capital levels, capital quality, asset quality, and risk
management at covered financial institutions. Based on these
findings, the Federal banking agencies shall provide an
assessment regarding--
(A) changes to required capital levels;
(B) the aggregate increase or decrease of total
risk-weighted asset levels for the institutions to
which the Standardized Approach NPR or Advanced
Approach NPR would be applicable based on current
assets;
(C) whether the NPRs and identified provisions will
cause capital levels at covered institutions to
fluctuate with more frequency or by greater amounts
than the current rules and indicate what, if any,
safety and soundness issues such fluctuations raise for
financial institutions or the financial system;
(D) whether the NPRs and the identified provisions
will result in the discontinuation of the use of
certain risk management tools by covered financial
institutions and the impact on the safety and soundness
of financial institutions and the financial system;
(E) the impact the NPRs and the identified
provisions will have on residential mortgage lending
and home equity lines of credit;
(F) the likely cumulative impact of the NPRs and
the identified provisions will have on the availability
of credit, generally and in low- and moderate-income
areas;
(G) the variance in required capital levels,
assets, and asset quality between institutions that
implement the advanced approaches or approaches to risk
weighting of assets and those that use the Standardized
Approach NPR or the Advanced Approach NPR and the
impact on competition between entities using different
approaches; and
(H) historical probability of default and loss
given default of residential mortgage loans and the
proposed risk weightings in the Standardized Approach
NPR and the Advanced Approach NPR, and whether such
proposed risk weightings are appropriately and fairly
calibrated.
(3) Voluntary participation.--The Federal banking agencies
may seek input and participation from insured depository
institutions and insured depository institution holding
companies, however, participation in the study by insured
depository institutions and insured depository institution
holding companies shall be voluntary.
(b) Report.--
(1) In general.--The Federal banking agencies shall issue a
report to the Committee on Banking, Housing, and Urban Affairs
of the Senate and the Committee on Financial Services of the
House of Representatives on the results of the study required
by subsection (a).
(2) Contents.--The Federal banking agencies shall include
the methodologies and assumptions used in the study as well as
the required elements of the study listed in subsection (a) in
the report required in this subsection.
SEC. 4. COMPETITIVE EQUALITY.
Section 908(a)(1) of the International Lending Supervision Act of
1983 (12 U.S.C. 3907(a)(1)) is amended by inserting at the end the
following:
``Each appropriate Federal banking agency shall, consistent with
safety and soundness, seek to ensure that any differences in rules
implementing the capital standards required under this section or other
provisions of Federal law for banking institutions, savings
associations, bank holding companies, and savings and loan holding
companies do not give competitive advantages to any class or group of
such institutions, associations, or companies unless required by other
Federal law, and do not undermine any requirements for enhanced
supervision and prudential standards required by section 115 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5325).''. | Basel III Capital Impact Study Act - Directs the federal banking agencies (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation [FDIC]), prior to issuing any final rule amending the agencies' general risk-based capital requirements for determining risk-weighted assets and minimum regulatory capital ratios as proposed in certain June 2012 notices of proposed rule making, to study and report regarding the impact of the approaches on the minimum regulatory capital requirements of insured depository institutions and insured depository institution holding companies. Requires the banking agencies to separately identify provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) that affect capital quality, capital levels, asset quality, and the risk management activities of insured depository institutions and insured depository holding companies and take into consideration the impact of such provisions. Specifies Dodd-Frank provisions to be included. Permits the banking agencies to solicit participation in the study from insured depository institutions and insured depository institution holding companies on a voluntary basis. Amends the International Lending Supervision Act of 1983 to revise capital adequacy requirements by directing the banking agencies to seek to ensure that any differences in rules implementing the capital standards do not: (1) give competitive advantages to any class or group of institutions unless otherwise required by federal law, or (2) undermine Dodd-Frank requirements for enhanced supervision and prudential standards. | {"src": "billsum_train", "title": "Basel III Capital Impact Study Act"} | 1,468 | 322 | 0.735959 | 2.278664 | 0.942673 | 5.007407 | 5.111111 | 0.940741 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Criminal Act of 1994''.
SEC. 2. FINDINGS OF ACT.
Section 101(a)(11) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601(a)(11)) is amended by inserting
the following before the semicolon: ``and on identifying hardcore
youths who should be transferred from the juvenile justice system to
the adult criminal justice system''.
SEC. 3. PURPOSE OF ACT.
Section 102(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5602(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following:
``(12) to assist State and local governments in improving
the identification of hardcore juvenile offenders and the
removal of such offenders from the juvenile justice system.''.
SEC. 4. REQUIREMENTS FOR STATE PLAN.
Section 223(a)(10) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(a)(10)) is amended--
(1) by striking ``and'' at the end of subparagraph (N);
(2) by striking the period at the end of subparagraph (O)
and inserting ``; and''; and
(3) by adding at the end the following:
``(P) establishment and maintenance of an effective
system that requires the prosecution of at least those
juveniles who are 14 years of age and older as adults,
rather than in juvenile proceedings, for conduct
constituting--
``(i) murder or attempted murder;
``(ii) robbery while armed with a firearm;
``(iii) battery while armed with a firearm;
``(iv) rape while armed with a firearm;
``(v) any other crime the State determines
appropriate; and
``(vi) the fourth or subsequent occasion on
which such juveniles engage in an activity for
which adults could be imprisoned for a term
exceeding 1 year;
unless, on a case-by-case basis, the transfer of such
juveniles for disposition in the juvenile justice
system is determined under State law to be in the
interest of justice;''.
SEC. 5. RECORDKEEPING REGARDING JUVENILES.
Section 223(a) of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5633(a)) is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) provide that the State will ensure that whenever a
juvenile is adjudicated in a juvenile proceeding to have
engaged in the conduct constituting an offense described in
paragraph (10)(P) that--
``(A) a record is kept relating to that
adjudication which is--
``(i) equivalent to the record that would
be kept of an adult conviction for that
offense;
``(ii) retained for a period of time that
is equal to the period of time records are kept
for adult convictions; and
``(iii) made available to law enforcement
officials to the same extent that a record of
an adult conviction would be made available;
``(B) the juvenile is fingerprinted and
photographed, and the fingerprints and photograph are
sent to the Federal Bureau of Investigation; and
``(C) the court in which the adjudication takes
place transmits to the Federal Bureau of Investigation
the information concerning the adjudication, including
the name and birth date of the juvenile, date of
adjudication, and disposition.''.
SEC. 6. FINANCIAL INCENTIVE.
Section 223(c)(3) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(c)(3)) is amended--
(1) by striking ``the requirements of subsection (a),
(12)(A), (13), (14), or (23)'' and inserting ``any requirement
of paragraph (10)(P), (12)(A), (13), (14), (23), or (26) of
subsection (a)''; and
(2) in subparagraph (A) by striking ``25 percent'' and
inserting ``16\2/3\ percent''.
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--(1) The amendments made by this Act
shall not apply with respect to fiscal years beginning before January
1, 1995.
(2) The amendments made by sections 3, 4, and 5 shall not apply
with respect to a State before the first fiscal year that begins after
the end of the first regular session of the State legislature following
the date of the enactment of this Act. | Juvenile Criminal Act of 1994 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to include among the Act's: (1) findings that emphasis should be placed on identifying hardcore youths who should be transferred from the juvenile justice system to the adult criminal justice system; and (2) purposes to assist State and local governments in improving the identification of hardcore juvenile offenders and the removal of such offenders from the juvenile justice system.
Requires State plans under the Act to provide: (1) specified funding for the establishment and maintenance of an effective system that requires the prosecution of at least those juveniles who are 14 years of age and older as adults, rather than in juvenile proceedings, for listed offenses (murder or attempted murder; robbery, battery, or rape while armed with a firearm; any other crime the State deems appropriate; and the fourth or subsequent occasion on which such juveniles engage in an activity for which adults could be imprisoned for a term exceeding one year) unless, on a case-by-case basis, the transfer of such juveniles for disposition in the juvenile justice system is determined under State law to be in the interest of justice; and (2) that the State ensure that whenever a juvenile is adjudicated in a juvenile proceeding to have engaged in such offenses that a record be kept relating to that adjudication, the juvenile be fingerprinted and photographed (with such fingerprints and photograph sent to the Federal Bureau of Investigation (FBI)), and the court in which the adjudication takes place transmit to the FBI information concerning the adjudication and disposition.
Provides for a reduction of sums allotted to a State for a fiscal year by 16 2/3 percent for each of specified paragraphs of the Act with respect to which noncompliance occurs. (Current law provides for a reduction by 25 percent and doesn't include the requirements added by this Act in determining noncompliance.) | {"src": "billsum_train", "title": "Juvenile Criminal Act of 1994"} | 1,209 | 430 | 0.640577 | 2.092999 | 0.892987 | 5.090411 | 2.939726 | 0.887671 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Act for Responsible
Employment of 2017'' or the ``CARE Act of 2017''.
SEC. 2. AMENDED DEFINITIONS.
Section 3(l) of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(l)) is amended to read as follows:
``(l) `Oppressive child labor' means a condition of employment
under which--
``(1) any employee who is 16 or 17 years of age is employed
by an employer in any occupation found by the Secretary and by
order declared to be particularly hazardous for the employment
of children between such ages or detrimental to their health or
well-being;
``(2) any employee who is 14 or 15 years of age is employed
by an employer, unless the Secretary has determined that the
employment is confined to periods which will not interfere with
the schooling of the employee, and that the conditions of
employment will not interfere with the health and well-being of
the employee; or
``(3) any employee who is under 14 years of age is employed
by an employer.''.
SEC. 3. REVISED AGE REQUIREMENT FOR CHILD AGRICULTURAL EMPLOYMENT;
REPEAL OF WAIVER PROVISION FOR HAND HARVEST LABORERS.
(a) Revised Age Requirement.--Section 13(c) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 213(c)) is amended by striking
paragraphs (1) and (2) and inserting the following:
``(1) The provisions of section 12 relating to child labor
shall not apply to any employee under 18 years of age who is
employed in agriculture by his or her parent, or by a person
standing in the place of the parent, on a farm owned by the
parent or person.
``(2) The provisions of section 12 relating to child labor
shall not apply to any employee under 16 years of age who is
employed by his or her parent, or by a person standing in the
place of the parent, in employment other than agricultural
employment, manufacturing, mining, or any other employment the
Secretary finds to be particularly hazardous for the employment
of a child 16 or 17 years of age or detrimental to their health
or well-being.''.
(b) Repeal of Waiver Provision.--Section 13(c) of such Act (29
U.S.C. 213(c)) is further amended by striking paragraph (4) and
redesignating paragraphs (5) through (7) as paragraphs (4) through (6),
respectively.
SEC. 4. INCREASED CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS.
Paragraph (1) of section 16(e) of the Fair Labor Standards Act of
1938 (29 U.S.C. 216(e)(1)) is amended--
(1) by striking ``person'' each place it appears and
inserting ``employer'';
(2) in subparagraph (A)--
(A) by striking ``not to exceed'' and inserting
``of''; and
(B) by amending clauses (i) and (ii) to read as
follows:
``(i) not less than $500 and not more than $15,000 for each
employee who was the subject of such a violation; or
``(ii) not less than $15,000 and not more than $50,000 with
regard to each such violation that causes the serious injury,
serious illness, or death of any employee under the age of 18
years, which penalty may be doubled where the violation is a
repeated or willful violation.''; and
(3) in subparagraph (B) by striking ``the term `serious
injury' means'' and inserting ``the terms `serious injury' and
`serious illness' mean''.
SEC. 5. SPECIAL CRIMINAL PENALTIES FOR CERTAIN AGGRAVATED CHILD LABOR
VIOLATIONS.
Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216)
is amended--
(1) in subsection (a), by striking ``Any person'' and
inserting ``Except as provided in subsection (f), any person'';
and
(2) by adding at the end the following:
``(f) Any person who repeatedly or willfully violates any of the
provisions of section 12, and such violations result in or cause the
death or serious injury or serious illness of an employee under 18
years of age at the time of such violation, shall be subject to
imprisonment for not more than 5 years or a fine under title 18, United
States Code, or both.''.
SEC. 6. PESTICIDE-RELATED WORKER PROTECTION STANDARD.
Congress finds and declares that the employment of children under
the age of 18 in the occupation of a pesticide handler as defined in
the worker protection standard for workers exposed to pesticides in
part 170 of title 40, Code of Federal Regulations, is particularly
hazardous to such children and detrimental to their health and well-
being. The Secretary of Labor shall revise part 570 of title 29, Code
of Federal Regulations, to prohibit the employment of a child under the
age of 18 to perform any of the tasks or duties described in the
definition of the term ``handler'' in section 170.3 of title 40, Code
of Federal Regulations.
SEC. 7. APPLICATION OF FAIR LABOR STANDARDS AMENDMENTS.
(a) Rulemaking.--The Secretary of Labor may prescribe rules as
necessary to implement the amendments made by sections 2 through 5 and
the revision required by section 6. Any such rules issued shall take
effect not later than 30 days after the date on which the such rules
are published in the Federal Register.
(b) Violations.--The amendments made by sections 2, 3, 4, and 5 and
the revision required by section 7 shall apply to violations of the
Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that occur
after the date on which the rules issued under subsection (a) take
effect.
(c) Rule of Construction.--Nothing in the amendments made by
section 3, 4, or 5 or in the revision required by section 7 shall be
construed to preempt any State law that provides protections or
remedies for employees that are greater than the protections or
remedies provided under such amendments or such revision. | Children's Act for Responsible Employment of 2017 or the CARE Act of 2017 This bill amends the Fair Labor Standards Act of 1938 to redefine "oppressive child labor," for purposes of the Act's child labor prohibitions, as the employment of any employee who is: 16 or 17 years of age in any occupation found by the Department of Labor to be particularly hazardous or detrimental to such employee's health or well-being; 14 or 15 years of age, unless the employment is confined to periods which do not interfere with the employee's schooling, health, and well-being; or under age 14. The bill revises exemptions for child agricultural employment. The bill increases civil penalties for child labor violations and imposes new criminal penalties for repeated or willful violations of child labor prohibitions that result in serious illness or injury of an employee under age 18. Labor shall revise regulations to prohibit the employment of children under age 18 in duties involving the handling of pesticides. | {"src": "billsum_train", "title": "Children\u2019s Act for Responsible Employment of 2017"} | 1,433 | 207 | 0.648264 | 1.829106 | 0.805715 | 3 | 6.819149 | 0.882979 |
.
(a) In General.--Not later than July 1, 1996, the Secretary shall,
by regulation, develop alternative dispute resolution methods for use
by individuals, health information trustees, and other persons in
resolving claims under section 151.
(b) Effect on Initiation of Civil Actions.--
(1) In general.--Subject to paragraph (2), the regulations
established under subsection (a) may provide that an individual
alleging that a right of the individual under this Act has been
violated shall pursue at least one alternative dispute
resolution method developed under such subsection as a
condition precedent to commencing a civil action under section
151.
(2) Limitation.--Such regulations may not require an
individual to refrain from commencing a civil action to pursue
one or more alternative dispute resolution method for a period
that is greater than 6 months.
(3) Suspension of statute of limitations.--The regulations
established by the Secretary under subsection (a) may provide
that a period in which an individual described in paragraph (1)
pursues (as defined by the Secretary) an alternative dispute
resolution method under this section shall be excluded in
computing the period of limitations under section 151(e).
(c) Methods.--The methods under subsection (a) shall include at
least the following:
(1) Arbitration.--The use of arbitration.
(2) Mediation.--The use of mediation.
(3) Early offers of settlement.--The use of a process under
which parties make early offers of settlement.
(d) Standards for Establishing Methods.--In developing alternative
dispute resolution methods under subsection (a), the Secretary shall
ensure that the methods promote the resolution of claims in a manner
that--
(1) is affordable for the parties involved;
(2) provides for timely and fair resolution of claims; and
(3) provides for reasonably convenient access to dispute
resolution for individuals.
SEC. 154. AMENDMENTS TO CRIMINAL LAW.
(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 89 the following:
``CHAPTER 90--PROTECTED HEALTH INFORMATION
``Sec.
``1831. Definitions.
``1832. Obtaining protected health information under false pretenses.
``1833. Monetary gain from obtaining protected health information under
false pretenses.
``1834. Knowing and unlawful obtaining of protected health information.
``1835. Monetary gain from knowing and unlawful obtaining of protected
health information.
``1836. Knowing and unlawful use or disclosure of protected health
information.
``1837. Monetary gain from knowing and unlawful sale, transfer, or use
of protected health information.
``Sec. 1831. Definitions
``As used in this chapter--
``(1) the term `health information trustee' has the meaning
given such term in section 3(b)(6) of the Fair Health
Information Practices Act of 1995;
``(2) the term `protected health information' has the
meaning given such term in section 3(a)(3) of such Act; and
``(3) the term `protected individual' has the meaning given
such term in section 3(a)(4) of such Act.
``Sec. 1832. Obtaining protected health information under false
pretenses
``Whoever under false pretenses--
``(1) requests or obtains protected health information from
a health information trustee; or
``(2) obtains from a protected individual an authorization
for the disclosure of protected health information about the
individual maintained by a health information trustee;
shall be fined under this title or imprisoned not more than 5 years, or
both.
``Sec. 1833. Monetary gain from obtaining protected health information
under false pretenses
``Whoever under false pretenses--
``(1) requests or obtains protected health information from
a health information trustee with the intent to sell, transfer,
or use such information for profit or monetary gain; or
``(2) obtains from a protected individual an authorization
for the disclosure of protected health information about the
individual maintained by a health information trustee with the
intent to sell, transfer, or use such authorization for profit
or monetary gain;
and knowingly sells, transfers, or uses such information or
authorization for profit or monetary gain shall be fined under this
title or imprisoned not more than 10 years, or both.
``Sec. 1834. Knowing and unlawful obtaining of protected health
information
``Whoever knowingly obtains protected health information from a
health information trustee in violation of the Fair Health Information
Practices Act of 1995, knowing that such obtaining is unlawful, shall
be fined under this title or imprisoned not more than 5 years, or both.
``Sec. 1835. Monetary gain from knowing and unlawful obtaining of
protected health information
``Whoever knowingly--
``(1) obtains protected health information from a health
information trustee in violation of the Fair Health Information
Practices Act of 1995, knowing that such obtaining is unlawful
and with the intent to sell, transfer, or use such information
for profit or monetary gain; and
``(2) knowingly sells, transfers, or uses such information
for profit or monetary gain;
shall be fined under this title or imprisoned not more than 10 years,
or both.
``Sec. 1836. Knowing and unlawful use or disclosure of protected health
information
``Whoever knowingly uses or discloses protected health information
in violation of the Fair Health Information Practices Act of 1995,
knowing that such use or disclosure is unlawful, shall be fined under
this title or imprisoned not more than 5 years, or both.
``Sec. 1837. Monetary gain from knowing and unlawful sale, transfer, or
use of protected health information
``Whoever knowingly sells, transfers, or uses protected health
information in violation of the Fair Health Information Practices Act
of 1995, knowing that such sale, transfer, or use is unlawful, shall be
fined under this title or imprisoned not more than 10 years, or
both.''.
(b) Clerical Amendment.--The table of chapters for part I of title
18, United States Code, is amended by inserting after the item relating
to chapter 89 the following:
``90. Protected health information.......................... 1831''.
TITLE II--AMENDMENTS TO TITLE 5, UNITED STATES CODE
SEC. 201. AMENDMENTS TO TITLE 5, UNITED STATES CODE.
(a) New Subsection.--Section 552a of title 5, United States Code,
is amended by adding at the end the following:
``(w) Medical Exemptions.--The head of an agency that is a health
information trustee (as defined in section 3(b)(6) of the Fair Health
Information Practices Act of 1995) shall promulgate rules, in
accordance with the requirements (including general notice) of
subsections (b)(1), (b)(2), (b)(3), (c), and (e) of section 553 of this
title, to exempt a system of records within the agency, to the extent
that the system of records contains protected health information (as
defined in section 3(a)(3) of such Act), from all provisions of this
section except subsections (e)(1), (e)(2), subparagraphs (A) through
(C) and (E) through (I) of subsection (e)(4), and subsections (e)(5),
(e)(6), (e)(9), (e)(12), (l), (n), (o), (p), (q), (r), and (u).''.
(b) Repeal.--Section 552a(f)(3) of title 5, United States Code, is
amended by striking ``pertaining to him,'' and all that follows through
the semicolon and inserting ``pertaining to the individual;''.
TITLE III--REGULATIONS, RESEARCH, AND EDUCATION; EFFECTIVE DATES;
APPLICABILITY; AND RELATIONSHIP TO OTHER LAWS
SEC. 301. REGULATIONS; RESEARCH AND EDUCATION.
(a) Regulations.--Not later than July 1, 1996, the Secretary shall
prescribe regulations to carry out this Act.
(b) Research and Technical Support.--The Secretary may sponsor--
(1) research relating to the privacy and security of
protected health information;
(2) the development of consent forms governing disclosure
of such information; and
(3) the development of technology to implement standards
regarding such information.
(c) Education.--The Secretary shall establish education and
awareness programs--
(1) to foster adequate security practices by health
information trustees;
(2) to train personnel of health information trustees
respecting the duties of such personnel with respect to
protected health information; and
(3) to inform individuals and employers who purchase health
care respecting their rights with respect to such information.
SEC. 302. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act,
and the amendments made by this Act, shall take effect on January 1,
1997.
(b) Provisions Effective Immediately.--A provision of this Act
shall take effect on the date of the enactment of this Act if the
provision--
(1) imposes a duty on the Secretary to develop, establish,
or promulgate regulations, guidelines, notices, statements, or
education and awareness programs; or
(2) authorizes the Secretary to sponsor research or the
development of forms or technology.
SEC. 303. APPLICABILITY.
(a) Protected Health Information.--Except as provided in
subsections (b) and (c), the provisions of this Act shall apply to any
protected health information that is received, created, used,
maintained, or disclosed by a health information trustee in a State on
or after January 1, 1997, regardless of whether the information existed
or was disclosed prior to such date.
(b) Exception.--
(1) In general.--The provisions of this Act shall not apply
to a trustee described in paragraph (2), except with respect to
protected health information that is received by the trustee on
or after January 1, 1997.
(2) Applicability.--A trustee referred to in paragraph (1)
is--
(A) a health researcher; or
(B) a person who, with respect to specific
protected health information, received the
information--
(i) pursuant to--
(I) section 117 (relating to
emergency circumstances);
(II) section 118 (relating to
judicial and administrative purposes);
(III) section 119 (relating to law
enforcement); or
(IV) section 120 (relating to
subpoenas, warrants, and search
warrants); or
(ii) while acting in whole or in part in
the capacity of an officer or employee of a
person described in clause (i).
(c) Authorizations for Disclosures.--An authorization for the
disclosure of protected health information about a protected individual
that is executed by the individual before January 1, 1997, and is
recognized and valid under State law on December 31, 1996, shall remain
valid and shall not be subject to the requirements of section 112 until
January 1, 1998, or the occurrence of the date or event (if any)
specified in the authorization upon which the authorization expires,
whichever occurs earlier.
SEC. 304. RELATIONSHIP TO OTHER LAWS.
(a) State Law.--Except as otherwise provided in subsections (b),
(c), (d), and (f), a State may not establish, continue in effect, or
enforce any State law to the extent that the law is inconsistent with,
or imposes additional requirements with respect to, any of the
following:
(1) A duty of a health information trustee under this Act.
(2) An authority of a health information trustee under this
Act to disclose protected health information.
(3) A provision of subtitle C (relating to access
procedures and challenge rights), subtitle D (miscellaneous
provisions), or subtitle E (relating to enforcement).
(b) Laws Relating to Public Health and Mental Health.--This Act
does not preempt, supersede, or modify the operation of any State law
regarding public health or mental health to the extent that the law
prohibits or regulates a disclosure of protected health information
that is permitted under this Act.
(c) Criminal Penalties.--A State may establish and enforce criminal
penalties with respect to a failure to comply with a provision of this
Act.
(d) Privileges.--A privilege that a person has under law in a court
of a State or the United States or under the rules of any agency of a
State or the United States may not be diminished, waived, or otherwise
affected by--
(1) the execution by a protected individual of an
authorization for disclosure of protected health information
under this Act, if the authorization is executed for the
purpose of receiving health care or providing for the payment
for health care; or
(2) any provision of this Act that authorizes the
disclosure of protected health information for the purpose of
receiving health care or providing for the payment for health
care.
(e) Department of Veterans Affairs.--The limitations on use and
disclosure of protected health information under this Act shall not be
construed to prevent any exchange of such information within and among
components of the Department of Veterans Affairs that determine
eligibility for or entitlement to, or that provide, benefits under laws
administered by the Secretary of Veterans Affairs.
(f) Certain Duties Under State or Federal Law.--This Act shall not
be construed to preempt, supersede, or modify the operation of any of
the following:
(1) Any law that provides for the reporting of vital
statistics such as birth or death information.
(2) Any law requiring the reporting of abuse or neglect
information about any individual.
(3) Subpart II of part E of title XXVI of the Public Health
Service Act (relating to notifications of emergency response
employees of possible exposure to infectious diseases).
(4) The Americans with Disabilities Act of 1990.
(5) Any Federal or State statute that establishes a
privilege for records used in health professional peer review
activities.
(f) Secretarial Authority.--
(1) Secretary of health and human services.--A provision of
this Act does not preempt, supersede, or modify the operation
of section 543 of the Public Health Service Act, except to the
extent that the Secretary of Health and Human Services
determines through regulations promulgated by such Secretary
that the provision provides greater protection for protected
health information, and the rights of protected individuals,
than is provided under such section 543.
(2) Secretary of veterans affairs.--A provision of this Act
does not preempt, supersede, or modify the operation of section
7332 of title 38, United States Code, except to the extent that
the Secretary of Veterans Affairs determines through
regulations promulgated by such Secretary that the provision
provides greater protection for protected health information,
and the rights of protected individuals, than is provided under
such section 7332.
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HR 435 IH----7 | TABLE OF CONTENTS:
Title I: Fair Health Information Practices
Subtitle A: Duties of Health Information Trustees
Subtitle B: Use and Disclosure of Protected Health
Information
Subtitle C: Access Procedures and Challenge Rights
Subtitle D: Miscellaneous Provisions
Subtitle E: Enforcement
Title II: Amendments to Title 5, United States Code
Title III: Regulations, Research, and Education; Effective
Dates; Applicability; and Relationship to Other Laws
Fair Health Information Practices Act of 1995 -
Title I: Fair Health Information Practices
-
Subtitle A: Duties of Health Information Trustees
- Requires, subject to stated exceptions, health care providers, health information service organizations, health oversight agencies, health benefit plan sponsors, and health researchers (health information trustees) to permit an individual (protected individual) to examine his or her own medical records (protected health information). Excepts certain mental health or other records which may endanger the protected individual. Sets forth provisions concerning: (1) notice of information practices; (2) accounting for disclosures; and (3) security.
Subtitle B: Use and Disclosure of Protected Information
- Sets forth the general rule that a health information trustee may use protected information only for a purpose: (1) that is compatible with and directly related to the purpose for which the information was collected or received by the trustee; or (2) for which the trustee has received authorization to disclose such information. Makes exceptions, if proper procedures are followed, for the following situations: (1) next of kin and directory information; (2) public health; (3) health research; (4) emergencies; (5) judicial and administrative purposes; (6) law enforcement; (7) subpoenas, warrants, and search warrants; and (8) health information service organizations.
Subtitle C: Access Procedures and Challenge Rights
- Sets forth access and challenge procedures for subpoenas, warrants, and search warrants concerning protected health information.
Subtitle D: Miscellaneous Provisions
- Permits a health information trustee to disclose only such information as is necessary to process a payment when payment is made by a debit, credit, or other payment card.
(Sec. 143) Directs the Secretary of Health and Human Services to establish electronic documents transmission, receipt, and maintenance standards.
(Sec. 147) Directs a State to establish a process under which any created or recorded protected health information is delivered to and maintained by the State or its designated entity.
Subtitle E: Enforcement
- Sets forth civil and criminal penalties for violations of this Act's provisions. Directs the Secretary to develop alternative dispute resolution methods to resolve the civil complaints.
Title II: Amendments to Title 5, United Sates Code
- Amends provisions of title 5 (Government Organization and Employees) of the United States Code concerning agency records maintained on individuals to direct the head of any agency that is a health information trustee to promulgate rules to exempt a system of records within the agency from stated provisions of title 5, to the extent that the such system contains protected health information.
Title III: Regulations, Research, and Education; Effective Dates; Applicability; and Relationship to Other Laws
- Directs the Secretary to prescribe regulations to carry out this Act. Authorizes the Secretary to sponsor research concerning protected health information. Directs the Secretary to establish education and awareness programs concerning such information.
(Sec. 303) Sets forth provisions concerning: (1) the applicability of the provisions of this Act to protected health information; and (2) the relationship of the provisions of this Act to other laws. | {"src": "billsum_train", "title": "Fair Health Information Practices Act of 1995"} | 3,342 | 779 | 0.475938 | 1.678165 | 0.605263 | 2.476126 | 4.200546 | 0.81719 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nicaraguan Investment Conditionality
Act (NICA) of 2017''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In 2006, Nicaragua, under President Enrique Bolanos,
entered into a $175,000,000, 5-year compact with the Millennium
Challenge Corporation (MCC).
(2) After the 2008 municipal elections, the MCC stated that
there was a pattern of decline in political rights and civil
liberties in Nicaragua.
(3) In 2009, the MCC terminated the compact and reduced the
amount of MCC funds available to Nicaragua by $61,500,000,
which led to the compact ending in 2011.
(4) According to Nicaraguan law, the National Assembly is
the only institution allowed to change the constitution, but in
2009, Daniel Ortega circumvented the legislature and went to
the Supreme Court, which he controls, to rule in his favor that
Presidential term limits were inapplicable.
(5) The Committee on Foreign Affairs of the House of
Representatives convened a congressional hearing on December 1,
2011, entitled ``Democracy Held Hostage in Nicaragua: Part 1''
where former United States Ambassador to Nicaragua Robert
Callahan testified ``[f]irst, that Daniel Ortega's candidacy
was illegal, illegitimate, and unconstitutional; second, that
the period leading to the elections and the elections
themselves were marred by serious fraud; third, that Daniel
Ortega and his Sandinista party have systematically undermined
the country's fragile governmental institutions''.
(6) From fiscal year 2012 until present, the Department of
State found that the Government of Nicaragua did not meet
international standards of fiscal transparency.
(7) On January 25, 2012, a press statement from Secretary
of State Hillary Clinton stated, ``As noted by international
observers and Nicaraguan civil society groups, Nicaragua's
recent elections were not conducted in a transparent and
impartial manner, and the entire electoral process was marred
by significant irregularities. The elections marked a setback
to democracy in Nicaragua and undermined the ability of
Nicaraguans to hold their government accountable.''.
(8) According to the Department of State's 2015 Fiscal
Transparency Report: ``Nicaragua's fiscal transparency would be
improved by including all off-budget revenue and expenditure in
the budget, auditing state-owned enterprises, and conducting a
full audit of the government's annual financial statements and
making audit reports publicly available within a reasonable
period of time.''.
(9) According to the Department of State's Country Reports
on Human Rights Practices for 2015: ``In 2011 the Supreme
Electoral Council (CSE) announced the re-election of President
Daniel Ortega Saavedra of the Sandinista National Liberation
Front (FSLN) in elections that international and domestic
observers characterized as seriously flawed. International and
domestic organizations raised concerns regarding the
constitutional legitimacy of Ortega's re-election. The 2011
elections also provided the ruling party with a supermajority
in the National Assembly, allowing for changes in the
constitution, including extending the reach of executive branch
power and the elimination of restrictions on re-election for
executive branch officials and mayors. Observers noted serious
flaws during the 2012 municipal elections and March 2014
regional elections.''.
(10) According to the Department of State's Country Reports
on Human Rights Practices for 2015 in Nicaragua: ``The
principal human rights abuses were restrictions on citizens'
right to vote; obstacles to freedom of speech and press,
including government intimidation and harassment of journalists
and independent media, as well as increased restriction of
access to public information, including national statistics
from public offices; and increased government harassment and
intimidation of nongovernmental organizations (NGOs) and civil
society organizations''.
(11) The same 2015 report stated: ``Additional significant
human rights abuses included considerably biased policies to
promote single-party dominance; arbitrary police arrest and
detention of suspects, including abuse during detention; harsh
and life-threatening prison conditions with arbitrary and
lengthy pretrial detention; discrimination against ethnic
minorities and indigenous persons and communities.''.
(12) In February 2016, the Ortega regime detained and
expelled Freedom House's Latin America Director, Dr. Carlos
Ponce, from Nicaragua.
(13) On June 3, 2016, the Nicaraguan Supreme Court, which
is controlled by Nicaragua's leader, Daniel Ortega, instructed
the Supreme Electoral Council not to swear in Nicaraguan
opposition members to the departmental and regional electoral
councils.
(14) On June 5, 2016, regarding international observers for
the 2016 Presidential elections, President Ortega stated,
``Here, the observation ends. Go observe other countries . . .
There will be no observation, neither from the European Union,
nor the OAS . . .''.
(15) On June 7, 2016, the Department of State's Bureau of
Democracy, Human Rights and Labor posted on social media:
``Disappointed government of Nicaragua said it will deny
electoral observers requested by Nicaraguan citizens, church,
and private sector . . . We continue to encourage the
government of Nicaragua to allow electoral observers as
requested by Nicaraguans.''.
(16) On June 14, 2016, President Ortega expelled three
United States Government officials (two officials from U.S.
Customs and Border Protection and one professor from the
National Defense University) from Nicaragua.
(17) On June 29, 2016, the Department of State issued a
Nicaragua Travel Alert which stated, ``The Department of State
alerts United States citizens about increased government
scrutiny of foreigners' activities, new requirements for
volunteer groups, and the potential for demonstrations during
the upcoming election season in Nicaragua . . . Nicaraguan
authorities have denied entry to, detained, questioned, or
expelled foreigners, including United States Government
officials, academics, NGO workers, and journalists, for
discussions, written reports or articles, photographs, and/or
videos related to these topics. Authorities may monitor and
question private United States citizens concerning their
activities, including contact with Nicaraguan citizens.''.
(18) On August 1, 2016, the Department of State issued a
press release to express grave concern over the Nicaraguan
government limiting democratic space leading up to the
elections in November and stated, ``[O]n June 8, the Nicaraguan
Supreme Court stripped the opposition Independent Liberal Party
(PLI) from its long recognized leader. The Supreme Court took
similar action on June 17 when it invalidated the leadership of
the Citizen Action Party, the only remaining opposition party
with the legal standing to present a presidential candidate.
Most recently, on July 29, the Supreme Electoral Council
removed 28 PLI national assembly members (16 seated and 12
alternates) from their popularly-elected positions.''.
(19) On November 7, 2016, the Department of State issued a
press release stating, ``The United States is deeply concerned
by the flawed presidential and legislative electoral process in
Nicaragua, which precluded the possibility of a free and fair
election on November 6. In advance of the elections, the
Nicaraguan government sidelined opposition candidates for
president, limited domestic observation at the polls and access
to voting credentials, and took other actions to deny
democratic space in the process. The decision by the Nicaraguan
government not to invite independent international electoral
observers further degraded the legitimacy of the election.''.
(20) In November and December of 2016, the Board of
Executive Directors of the Inter-American Development Bank
postponed consideration of a policy-based loan of $65,000,000
to the Government of Nicaragua due to the efforts of the United
States mission that expressed serious concerns of the absence
of transparency, systemic corruption, and the lack of free and
fair elections in Nicaragua.
(21) On February 2017, the European Parliament issued a
resolution on the situation of human rights and democracy in
Nicaragua and expressed concern of the ``deteriorating human
rights situation in Nicaragua and deplores the attacks and acts
of harassment to which human rights organizations and their
members and independent journalists have been subjected by
individuals, political forces and bodies linked to the
State.''.
(22) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``actions by the ruling
Sandinista National Liberation Front (FSLN) party resulted in
de facto concentration of power in a single party, with an
authoritarian executive branch exercising significant control
over the legislative, judicial, and electoral functions.''.
(23) According to the Department of State's Country Reports
on Human Rights Practices for 2016 in Nicaragua: ``The November
6 elections for president, vice president, national assembly
members, and representatives for the Central American
parliament did not meet the conditions of being free and fair .
. . The November 6 presidential and legislative elections were
marred by allegations of institutional fraud and the absence of
independent opposition political parties. National observers
and opposition leaders claimed rates of abstention from 60 to
70 percent.''.
(24) According to the Department of State's Country Reports
on Human Rights Practices for 2016: ``Companies reported that
bribery of public officials, unlawful seizures, and arbitrary
assessments by customs and tax authorities were common . . .
The courts remained particularly susceptible to bribes,
manipulation, and other forms of corruption, especially by the
FSLN, giving the sense that the FSLN heavily influenced CSJ and
lower-level court actions.''.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States to support--
(1) the rule of law and an independent judiciary and
electoral council in Nicaragua;
(2) independent pro-democracy organizations in Nicaragua;
(3) free, fair, and transparent elections under
international and domestic observers in Nicaragua; and
(4) anti-corruption and transparency efforts in Nicaragua.
SEC. 4. INTERNATIONAL FINANCIAL INSTITUTIONS.
(a) In General.--The President shall instruct the United States
Executive Director at each international financial institution to use
the voice, vote, and influence of the United States to oppose any loan
for the benefit of the Government of Nicaragua, other than to address
basic human needs or promote democracy, unless the Secretary of State
certifies and reports to the appropriate congressional committees that
the Government of Nicaragua is taking effective steps to--
(1) hold free, fair, and transparent elections overseen by
credible domestic and international electoral observers;
(2) promote democracy, as well as an independent judicial
system and electoral council;
(3) strengthen the rule of law;
(4) respect the right to freedom of association and
expression;
(5) combat corruption, including investigating and
prosecuting government officials credibly alleged to be
corrupt; and
(6) to protect the right of political opposition parties,
journalists, trade unionists, human rights defenders, and other
civil society activists to operate without interference.
(b) Report.--The Secretary of the Treasury shall submit to the
appropriate congressional committees a written report assessing--
(1) the effectiveness of the international financial
institutions in enforcing applicable program safeguards in
Nicaragua; and
(2) the effects of the matters described in section 2 on
long-term prospects for positive development outcomes in
Nicaragua.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on Financial
Services of the House of Representatives.
(2) International financial institution.--The term
``international financial institution'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the European Bank for Reconstruction and
Development;
(D) the International Development Association;
(E) the International Finance Corporation;
(F) the Multilateral Investment Guarantee Agency;
(G) the African Development Bank;
(H) the African Development Fund;
(I) the Asian Development Bank;
(J) the Inter-American Development Bank;
(K) the Bank for Economic Cooperation and
Development in the Middle East and North Africa; and
(L) the Inter-American Investment Corporation.
(d) Termination.--This section shall terminate on the day after the
earlier of--
(1) the date on which the Secretary of State certifies and
reports to the appropriate congressional committees that the
requirements of subsection (a) have been met; or
(2) 5 years after the date of the enactment of this Act.
(e) Waiver.--The President may waive the requirements of this
section if the President determines that such a waiver is in the
national interest of the United States.
SEC. 5. ORGANIZATION OF AMERICAN STATES.
(a) Findings.--Congress finds that, according to the Organization
of American States (OAS) report on the Nicaraguan 2011 Presidential
elections, ``Nicaragua: Final Report, General Elections, OAS (2011)'',
the OAS made the following recommendations to the Government of
Nicaragua:
(1) Prepare alternative procedures for updating the
electoral roll when a registered voter dies.
(2) Publish the electoral roll so that new additions,
changes of address, and exclusions can be checked.
(3) Reform the mechanism for accreditation of poll watchers
using a formula that ensures that the political parties will
have greater autonomy to accredit their respective poll
watchers.
(4) Institute regulations to ensure that party poll
watchers are involved in all areas of the electoral structure,
including the departmental, regional, and municipal electoral
councils and polling stations. Rules should be crafted to spell
out their authorities and functions and the means by which they
can exercise their authority and perform their functions.
(5) Redesign the CSE administrative structure at the
central and field levels, while standardizing technical and
operational procedures, including the design of control
mechanisms from the time registration to the delivery of the
document to the citizens; the process of issuing identity cards
should be timed to the calendar and, to avoid congestion within
the process, be evenly spaced.
(b) Electoral Observation Mission.--The President shall direct the
United States Permanent Representative to the Organization of American
States (OAS) to use the voice, vote, and influence of the United States
at the OAS to strongly advocate for an Electoral Observation Mission to
be sent to Nicaragua in 2017.
SEC. 6. STATEMENT OF POLICY.
The Department of State and the United States Agency for
International Development should prioritize foreign assistance to the
people of Nicaragua to assist civil society in democracy and governance
programs, including human rights documentation.
SEC. 7. REPORT ON CORRUPTION IN NICARAGUA.
(a) Report Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation with
the intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4))), shall submit to Congress a
report on the involvement of senior Government of Nicaragua officials,
including members of the Supreme Electoral Council, the National
Assembly, and the judicial system, in acts of public corruption or
human rights violations in Nicaragua.
(b) Form.--The report required in subsection (a) shall be submitted
in unclassified form, but may contain a classified annex. The
unclassified portion of the report shall be made available to the
public. | Nicaraguan Investment Conditionality Act (NICA) of 2017 This bill directs the President to instruct the U.S. Executive Director at each international financial institution to use U.S. influence to oppose any loan for the government of Nicaragua's benefit, other than for basic human needs or to promote democracy, unless the Department of State certifies that Nicaragua is taking effective steps to: hold free elections overseen by credible domestic and international electoral observers; promote democracy and an independent judicial system and electoral council; strengthen the rule of law; respect the right to freedom of association and expression; combat corruption, including investigating and prosecuting government officials credibly alleged to be corrupt; and protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference. The Department of the Treasury shall submit to Congress a report assessing: (1) the effectiveness of the international financial institutions in enforcing applicable program safeguards in Nicaragua, and (2) the effects of specified constitutional and election concerns in Nicaragua on long-term prospects for positive development outcomes there. The President may waive such requirements in the U.S. national interest. The bill requires: (1) the President to direct the U.S. Permanent Representative to the Organization of American States to use U.S. influence to advocate for an Electoral Observation Mission to be sent to Nicaragua in 2017, and (2) the State Department to report on the involvement of senior Nicaraguan government officials in acts of public corruption or human rights violations. | {"src": "billsum_train", "title": "Nicaraguan Investment Conditionality Act (NICA) of 2017"} | 3,354 | 319 | 0.496229 | 1.734349 | 0.754918 | 4.799308 | 11.089965 | 0.958478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dietary Supplement Access and
Awareness Act''.
SEC. 2. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET
SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following section:
``SEC. 416. DIETARY SUPPLEMENTS; PRODUCT LISTING; REPORTING, POSTMARKET
SURVEILLANCE, AND OTHER PROVISIONS REGARDING SAFETY.
``(a) Limitation on Applicability.--Notwithstanding the other
subsections of this section, this section does not apply to any dietary
supplement that meets the conditions described in paragraphs (1) and
(2), as follows:
``(1) The supplement bears or contains one or more of the
following dietary ingredients:
``(A) A vitamin.
``(B) A mineral.
``(C) A concentrate, metabolite, constituent,
extract, or combination of any vitamin or mineral.
``(2) The supplement does not bear or contain--
``(A) an herb or other botanical, an amino acid, or
a dietary substance for use by man to supplement the
diet by increasing the total dietary intake; or
``(B) a concentrate, metabolite, constituent,
extract, or combination of any ingredient specified in
subparagraph (A).
``(b) Product Listing.--Every person who is required under section
415 to register with the Secretary with respect to manufacturing or
processing a dietary supplement shall, in the form and manner
prescribed by the Secretary, report to the Secretary twice each year,
once during the month of June and once during the month of December,
the following information:
``(1) A list of each dietary supplement manufactured or
processed by the person for commercial distribution in the
United States, other than dietary supplements previously
included on a list reported under this subsection by the
person.
``(2) The labeling for each of the dietary supplements on
the list.
``(3) A listing of the major ingredients of each dietary
supplement on the list (including active ingredients, as
applicable), except that the Secretary may require the
submission of a quantitative listing of all ingredients in such
a supplement if the Secretary finds that such submission is
necessary to carry out the purposes of this Act.
``(4) If, since the date the person last made a report
under this subsection (or if the person has not previously made
such a report, since the effective date of this section), the
person has discontinued the manufacture or processing of a
dietary supplement included on a list reported under this
subsection by the person--
``(A) notice of such discontinuance;
``(B) the date of such discontinuance; and
``(C) the identity of such supplement.
``(5) Such other information describing the dietary
supplements as the Secretary may by regulation require.
``(c) Reporting of Information on Adverse Experiences.--
``(1) Serious experiences.--Each person who is a
manufacturer or distributor of a dietary supplement shall
report to the Secretary any information received by such person
on serious adverse experiences regarding the supplement. Such a
report shall be submitted to the Secretary not later than 15
days after the date on which the person receives such
information.
``(2) Investigation and follow-up.--A person submitting a
report under paragraph (1) on a serious adverse experience
shall promptly investigate the experience, and if additional
information is obtained, shall report the information to the
Secretary not later than 15 days after obtaining the
information. If no additional information is obtained, records
of the steps taken to seek additional information shall be
maintained by the person.
``(3) Authority of secretary.--In addition to requirements
established in this subsection, the Secretary may establish
such requirements regarding the reporting of information on
adverse experiences as the Secretary determines to be
appropriate to protect the public health. The Secretary may
establish waivers from requirements under this subsection
regarding such information if the Secretary determines that
compliance with the requirement involved is not necessary to
protect the public health regarding such supplements.
``(4) Definitions.--For purposes of this subsection:
``(A) The term `adverse experience regarding a
dietary supplement' means any adverse event associated
with the use of such supplement in humans, whether or
not such event is considered to be related to the
supplement by a person referred to in paragraph (1) who
obtains the information.
``(B) The term `serious', with respect to an
adverse experience regarding a dietary supplement,
means an adverse experience that--
``(i) results in death; a life-threatening
condition; inpatient hospitalization or
prolongation of hospitalization; a persistent
or significant disability or incapacity; or a
congenital anomaly, birth defect, or other
effect regarding pregnancy, including premature
labor or low birth weight; or
``(ii) requires medical or surgical
intervention to prevent one of the outcomes
described in clause (i).
``(d) Postmarket Surveillance.--The Secretary may by order require
a manufacturer of a dietary supplement to conduct postmarket
surveillance for the supplement if the Secretary determines that there
is a reasonable possibility that a use or expected use of the
supplement may have serious adverse health consequences.
``(e) Authority to Order Demonstration of Safety.--
``(1) In general.--If the Secretary has reasonable grounds
for believing that a dietary supplement may be adulterated
under section 402(f)(1), the Secretary may by order require the
manufacturer to demonstrate to the Secretary that the
supplement is not so adulterated.
``(2) Distribution of product pending completion of
process.--
``(A) In general.--Subject to subparagraph (B), a
dietary supplement may not be considered adulterated
under section 402(f)(1) during the pendency of a
demonstration under paragraph (1) by the manufacturer
of the supplement and during the pendency of the review
under paragraph (4) by the Secretary with respect to
the demonstration.
``(B) Imminent hazard to public health or safety.--
This subsection does not affect the authority of the
Secretary under section 402(f)(1)(C).
``(3) Timeframe for demonstration.--
``(A) In general.--An order under paragraph (1)
shall provide that the demonstration under such
paragraph by a manufacturer is required to be completed
not later than the expiration of 180 days after the
date on which the order is issued, except that the
Secretary may extend such period if the Secretary
determines that an extension is appropriate. Any
information submitted for such purpose by the
manufacturer after the expiration of the applicable
period under the preceding sentence may not be
considered by the Secretary, except to the extent that
the Secretary requests the manufacturer to provide
additional information after such period.
``(B) Completion date of demonstration.--A
demonstration under paragraph (1) shall be considered
complete on the expiration of the applicable period
under subparagraph (A), or on such earlier date as the
manufacturer informs the Secretary that the
manufacturer has completed the demonstration, or on
such earlier date as the Secretary reasonably concludes
that the manufacturer has no further information to
provide to the Secretary as part of the demonstration
or that the manufacturer is not in substantial
compliance with the order under paragraph (1).
``(4) Review by secretary.--Once a demonstration under
paragraph (1) by a manufacturer is completed, the Secretary
shall review all relevant information received by the Secretary
pursuant to the demonstration or otherwise available to the
Secretary and make a determination of whether the Secretary
considers the dietary supplement involved to be adulterated
under section 402(f)(1). Such determination shall be made not
later than 180 days after the completion of the demonstration.
``(5) Requirements regarding demonstrations.--The Secretary
may, by order or by regulation, establish requirements for
demonstrations under paragraph (1).
``(6) Relation to other procedures.--In the case of a
dietary supplement with respect to which the Secretary has not
issued an order under paragraph (1), this subsection may not be
construed as preventing the Secretary from acting pursuant to
section 402(f)(1) to the same extent and in the same manner as
would apply in the absence of this subsection. In the case of a
dietary supplement with respect to which the Secretary has
issued an order under paragraph (1), a determination under
paragraph (4) that the supplement is not adulterated under
section 402(f)(1) does not prevent the Secretary from making a
determination, on the basis of additional information obtained
by the Secretary, that the supplement is so adulterated.
``(f) Sales to Minors; Significant Risk.--
``(1) Criteria.--Not later than the expiration of the two-
year period beginning on the date of the enactment of the
Dietary Supplement Access and Awareness Act, the Secretary
shall by regulation establish criteria for making a
determination that a dietary supplement may pose a significant
risk to individuals who are under the age of 18 (referred to in
this section individually as a `minor').
``(2) Product determination; prohibited act.--The Secretary
may, by order or by regulation, make a determination described
in paragraph (1) with respect to a dietary supplement.
Effective upon the expiration of a period designated by the
Secretary in publishing such determination in the Federal
Register, the act of selling the dietary supplement to a minor
shall be deemed to be an act which results in such supplement
being misbranded while held for sale. During the two-year
period referred to in paragraph (1), an order making such a
determination may be issued notwithstanding that criteria have
not yet been established in accordance with such paragraph.
``(g) Recordkeeping on Safety Issues.--
``(1) In general.--The Secretary shall by regulation
require manufacturers of dietary supplements to maintain
records regarding reports of serious adverse experiences under
subsection (c) and records regarding compliance with section
402.
``(2) Retention period.--Regulations under paragraph (1)
shall specify the number of years for which records required in
such paragraph are required to be retained, except that, if
under section 402(g)(1) the Secretary makes a determination
that expiration date labeling is necessary for dietary
supplements, records regarding dietary supplements in a lot
shall be retained for not less than one year after the
expiration date of supplements in the lot.''.
(b) Prohibited Acts.--
(1) In general.--Section 301 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331) is amended by adding at the end
the following:
``(hh) The failure of a person to comply with any requirement under
section 416, other than an order under subsection (e)(1) of such
section.''.
(2) Adulterated dietary supplements.--
(A) Order regarding demonstration of safety.--
Section 402 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 342) is amended by adding at the end the
following:
``(i) If it is a dietary supplement and the manufacturer of the
supplement fails to comply with an order of the Secretary under section
416(e)(1) that is issued with respect to the supplement.''.
(B) Certain court procedures.--Section 402(f) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
342(f)) is amended in subparagraph (1) by striking the
matter after and below clause (D) of such subparagraph.
(3) Trade secrets.--Section 301(j) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331(j)) is amended by
inserting ``416,'' after ``414,''.
(c) Inspection Authority.--Section 704(a) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 374(a)) is amended--
(1) in paragraph (1), by inserting after the second
sentence the following: ``In the case of any person who
manufactures, processes, packs, transports, distributes, holds,
or imports a dietary supplement with respect to which an order
under section 416(e)(1) has been issued, the inspection shall
extend to all records, files, papers, processes, controls, and
facilities bearing on whether the dietary supplement is
adulterated under section 402(f)(1).''; and
(2) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``third sentence'' and inserting ``fourth
sentence''.
SEC. 3. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS.
(a) Health Care Professionals.--
(1) In general.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), acting
through the Commissioner of Food and Drugs, shall carry out a
program to educate health professionals on the importance of
reporting to the Food and Drug Administration adverse health
experiences that are associated with dietary supplements.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2004, in addition to
any other authorization of appropriations that is available
with respect to such purpose.
(b) Consumers.--
(1) In general.--The Secretary, acting through the
Commissioner of Food and Drugs, shall carry out a program to
educate consumers of dietary supplements on the importance of
informing their health professionals of the dietary supplements
and drugs the consumers are taking.
(2) Authorization of appropriations.--For the purpose of
carrying out paragraph (1), there is authorized to be
appropriated $5,000,000 for fiscal year 2004, in addition to
any other authorization of appropriations that is available
with respect to such purpose. | Dietary Supplement Access and Awareness Act - Amends the Federal Food, Drug, and Cosmetic Act to require reports to the Secretary of Health and Human Services by: (1) manufacturers and processors of dietary supplements respecting dietary supplement product listing (including labeling, ingredient, and discontinuance information); and (2) manufacturers and distributors of dietary supplements respecting serious adverse experiences resulting from a supplement's use (requires manufacturer or distributor investigation of such occurrence).
Authorizes the Secretary to require a manufacturer to: (1) provide postmarket surveillance if there is a reasonable possibility of a supplement causing adverse health consequences; and (2) demonstrate that a supplement is not adulterated if the Secretary has reasonable grounds for believing that a supplement may be adulterated (permits distribution during such demonstration period unless determined to be an imminent public health hazard, and requires a final determination of adulteration by the Secretary). Deems a supplement as adulterated for noncompliance with such safety demonstration provisions.
Authorizes the Secretary to make a determination that a dietary supplement may pose a significant risk to individuals under the age of 18, and prohibit (as misbranded while held for sale) the supplement's sale to such individuals.
Includes among prohibited acts failure to comply with the requirements added by this Act (other than safety demonstration requirements). Extends inspection authority to records, controls, and facilities related to a determination of supplement adulteration.
Directs the Secretary to carry out dietary supplement education programs for health care professionals and consumers. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act with respect to dietary supplements."} | 3,098 | 339 | 0.564853 | 1.561021 | 0.73742 | 2.512281 | 10.021053 | 0.905263 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War I American Veterans
Centennial Commemorative Coin Act''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The year 2018 is the 100th anniversary of the signing of
the armistice with Germany ending World War I battlefield
hostilities.
(2) On the 6th of April 1917, the United States of America
entered World War I by declaring war against Germany.
(3) Two million American soldiers served overseas during World
War I.
(4) More than four million men and women from the United States
served in uniform during World War I.
(5) The events of 1914 through 1918 shaped the world and the
lives of millions of people for decades.
(6) Over 9 million soldiers worldwide lost their lives between
1914 and 1918.
(7) The centennial of America's involvement in World War I
offers an opportunity for people in the United States to
commemorate the commitment of their predecessors.
(8) Frank Buckles, the last American veteran from World War I
died on February 27, 2011.
(9) He was our last direct American link to the ``war to end
all wars''.
(10) While other great conflicts, including the Civil War,
World War II, the Korean War, and the Vietnam War, have all been
memorialized on United States commemorative coins, there currently
exists no coin to honor the brave veterans of World War I.
(11) The 112th Congress established the World War I Centennial
Commission to plan, develop, and execute programs, projects, and
activities to commemorate the centennial of World War I.
(b) Purpose.--The purpose of this Act is to--
(1) commemorate the centennial of America's involvement in
World War I; and
(2) honor the over 4 million men and women from the United
States who served during World War I.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 350,000 $1 coins in commemoration of the centennial of
America's involvement in World War I, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches (38.1 millimeters); and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the centennial of America's involvement in
World War I.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2018''; and
(C) inscriptions of the words ``Liberty'', ``In God We
Trust'', ``United States of America'', and ``E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be selected by the Secretary based on the winning design from a
juried, compensated design competition described under subsection (c).
(c) Design Competition.--The Secretary shall hold a competition and
provide compensation for its winner to design the obverse and reverse
of the coins minted under this Act. The competition shall be held in
the following manner:
(1) The competition shall be judged by an expert jury chaired
by the Secretary and consisting of 3 members from the Citizens
Coinage Advisory Committee who shall be elected by such Committee
and 3 members from the Commission of Fine Arts who shall be elected
by such Commission.
(2) The Secretary shall determine compensation for the winning
design, which shall be not less than $5,000.
(3) The Secretary may not accept a design for the competition
unless a plaster model accompanies the design.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2018.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be paid by the Secretary to the
United States Foundation for the Commemoration of the World Wars, to
assist the World War I Centennial Commission in commemorating the
centenary of World War I.
(c) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the United States Foundation for the Commemoration of the World
Wars as may be related to the expenditures of amounts paid under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on December 2, 2014. World War I American Veterans Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue $1 silver coins in commemoration of the centennial of America's involvement in World War I; and (2) hold a juried competition, and compensate its winner, for design of the obverse and reverse of the coins in a way emblematic of the centennial. Permits the use of only one facility of the U.S. Mint to strike any particular quality of the coins. Authorizes the Secretary to issue the coins only during calendar year 2018. Subjects coin sales to a surcharge of $10 per coin, payable by the Secretary to the United States Foundation for the Commemoration of the World Wars to assist the World War I Centennial Commission in the commemoration. Directs the Secretary to ensure that: (1) minting and issuing the coins will not result in any net cost to the government; and (2) no funds, including applicable surcharges, shall be disbursed to designated recipients until the total cost of designing and issuing the coins is recovered by the Treasury. | {"src": "billsum_train", "title": "World War I American Veterans Centennial Commemorative Coin Act"} | 1,719 | 259 | 0.546473 | 1.53423 | 0.767686 | 4.165217 | 6.83913 | 0.895652 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medication Therapy Management
Empowerment Act of 2013''.
SEC. 2. ACCESS TO SERVICES UNDER MEDICATION THERAPY MANAGEMENT PROGRAMS
FOR MEDICARE PART D ELIGIBLE INDIVIDUALS WITH SINGLE
CHRONIC DISEASES.
Section 1860D-4(c)(2)(A) of the Social Security Act (42 U.S.C.
1395w-104(c)(2)(A)) is amended--
(1) in clause (ii), by striking subclause (I) and inserting
the following:
``(I) have--
``(aa) multiple chronic
diseases (such as diabetes,
asthma, hypertension,
hyperlipidemia, and congestive
heart failure); or
``(bb) subject to clause
(iii), any single chronic
disease, including diabetes,
hypertension, heart failure,
dyslipidemia, respiratory
disease (such as asthma,
chronic obstructive pulmonary
disease or chronic lung
disorder), bone disease-
arthritis (such as osteoporosis
or osteoarthritis), rheumatoid
arthritis, or mental health
disorder (such as depression,
schizophrenia, or bipolar
disorder).''; and
(2) by adding at the end the following:
``(iii) Determinations relating to program
costs for including individuals with single
chronic diseases.--
``(I) Initial determinations.--With
regard to any single chronic disease,
clause (ii)(I)(bb) shall only be
applied if the Chief Actuary for the
Centers for Medicare & Medicaid
Services determines that the
application of such clause with regard
to such disease is not projected to
increase overall costs to the Medicare
program under this title over the five
year period beginning on the date of
determination.
``(II) Review of determinations.--
In the case that clause (ii)(I)(bb) is
applied with respect to a single
chronic disease pursuant to a
determination under subclause (I), not
later than five years after such date
of determination, the Chief Actuary for
the Centers for Medicare & Medicaid
Services shall review the effect of the
application of such clause with respect
to such disease on the actual cost of
the Medicare program under this title
during such five years. Based on such
review, if the Chief Actuary is unable
to determine that, with regard to such
single chronic disease, the application
of such clause did not increase costs
to the Federal government under the
Medicare program under this title over
such period, then the Secretary shall
review the findings of the Chief
Actuary and determine whether such
clause shall continue to be applied
with regard to such single chronic
disease. In conducting such review and
making such determination, the
Secretary shall consider the extent to
which the application of such clause
with regard to such single chronic
disease effects the health outcomes of
part D eligible individuals and any
savings and costs to the Federal
government under the Medicare program
under this title.''. | Medication Therapy Management Empowerment Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide access to services under medication therapy management programs for Medicare part D (Voluntary Prescription Drug Program) eligible individuals with a single chronic disease. Allows the application of this Act only if the Chief Actuary for the Centers for Medicare & Medicaid Services determines that such application with regard to a particular single chronic disease is not projected to increase overall costs to the Medicare program over the following five year period. | {"src": "billsum_train", "title": "Medication Therapy Management Empowerment Act of 2013"} | 667 | 134 | 0.56626 | 1.574788 | 0.652337 | 3.12963 | 5.490741 | 0.87037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Buyer Tax Credit Act of 2009''.
SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES.
(a) Allowance of Credit.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by inserting
after section 25D the following new section:
``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES.
``(a) Allowance of Credit.--
``(1) In general.--In the case of an individual who is a
purchaser of a principal residence during the taxable year,
there shall be allowed as a credit against the tax imposed by
this chapter an amount equal to 10 percent of the purchase
price of the residence.
``(2) Dollar limitation.--The amount of the credit allowed
under paragraph (1) shall not exceed $15,000.
``(3) Allocation of credit amount.--At the election of the
taxpayer, the amount of the credit allowed under paragraph (1)
(after application of paragraph (2)) may be equally divided
among the 2 taxable years beginning with the taxable year in
which the purchase of the principal residence is made.
``(b) Limitations.--
``(1) Date of purchase.--The credit allowed under
subsection (a) shall be allowed only with respect to purchases
made--
``(A) after the date of the enactment of the Home
Buyer Tax Credit Act of 2009, and
``(B) on or before the date that is 1 year after
such date of enactment.
``(2) Limitation based on amount of tax.--In the case of a
taxable year to which section 26(a)(2) does not apply, the
credit allowed under subsection (a) for any taxable year shall
not exceed the excess of--
``(A) the sum of the regular tax liability (as
defined in section 26(b)) plus the tax imposed by
section 55, over
``(B) the sum of the credits allowable under this
subpart (other than this section) for the taxable year.
``(3) One-time only.--
``(A) In general.--If a credit is allowed under
this section in the case of any individual (and such
individual's spouse, if married) with respect to the
purchase of any principal residence, no credit shall be
allowed under this section in any taxable year with
respect to the purchase of any other principal
residence by such individual or a spouse of such
individual.
``(B) Joint purchase.--In the case of a purchase of
a principal residence by 2 or more unmarried
individuals or by 2 married individuals filing
separately, no credit shall be allowed under this
section if a credit under this section has been allowed
to any of such individuals in any taxable year with
respect to the purchase of any other principal
residence.
``(c) Principal Residence.--For purposes of this section, the term
`principal residence' has the same meaning as when used in section 121.
``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any purchase for which a credit is allowed under
section 36 or section 1400C.
``(e) Special Rules.--
``(1) Joint purchase.--
``(A) Married individuals filing separately.--In
the case of 2 married individuals filing separately,
subsection (a) shall be applied to each such individual
by substituting `$7,500' for `$15,000' in subsection
(a)(1).
``(B) Unmarried individuals.--If 2 or more
individuals who are not married purchase a principal
residence, the amount of the credit allowed under
subsection (a) shall be allocated among such
individuals in such manner as the Secretary may
prescribe, except that the total amount of the credits
allowed to all such individuals shall not exceed
$15,000.
``(2) Purchase.--In defining the purchase of a principal
residence, rules similar to the rules of paragraphs (2) and (3)
of section 1400C(e) (as in effect on the date of the enactment
of this section) shall apply.
``(3) Reporting requirement.--Rules similar to the rules of
section 1400C(f) (as so in effect) shall apply.
``(f) Recapture of Credit in the Case of Certain Dispositions.--
``(1) In general.--In the event that a taxpayer--
``(A) disposes of the principal residence with
respect to which a credit was allowed under subsection
(a), or
``(B) fails to occupy such residence as the
taxpayer's principal residence,
at any time within 24 months after the date on which the
taxpayer purchased such residence, then the tax imposed by this
chapter for the taxable year during which such disposition
occurred or in which the taxpayer failed to occupy the
residence as a principal residence shall be increased by the
amount of such credit.
``(2) Exceptions.--
``(A) Death of taxpayer.--Paragraph (1) shall not
apply to any taxable year ending after the date of the
taxpayer's death.
``(B) Involuntary conversion.--Paragraph (1) shall
not apply in the case of a residence which is
compulsorily or involuntarily converted (within the
meaning of section 1033(a)) if the taxpayer acquires a
new principal residence within the 2-year period
beginning on the date of the disposition or cessation
referred to in such paragraph. Paragraph (1) shall
apply to such new principal residence during the
remainder of the 24-month period described in such
paragraph as if such new principal residence were the
converted residence.
``(C) Transfers between spouses or incident to
divorce.--In the case of a transfer of a residence to
which section 1041(a) applies--
``(i) paragraph (1) shall not apply to such
transfer, and
``(ii) in the case of taxable years ending
after such transfer, paragraph (1) shall apply
to the transferee in the same manner as if such
transferee were the transferor (and shall not
apply to the transferor).
``(D) Relocation of members of the armed forces.--
Paragraph (1) shall not apply in the case of a member
of the Armed Forces of the United States on active duty
who moves pursuant to a military order and incident to
a permanent change of station.
``(3) Joint returns.--In the case of a credit allowed under
subsection (a) with respect to a joint return, half of such
credit shall be treated as having been allowed to each
individual filing such return for purposes of this subsection.
``(4) Return requirement.--If the tax imposed by this
chapter for the taxable year is increased under this
subsection, the taxpayer shall, notwithstanding section 6012,
be required to file a return with respect to the taxes imposed
under this subtitle.
``(g) Basis Adjustment.--For purposes of this subtitle, if a credit
is allowed under this section with respect to the purchase of any
residence, the basis of such residence shall be reduced by the amount
of the credit so allowed.
``(h) Election To Treat Purchase in Prior Year.--In the case of a
purchase of a principal residence after December 31, 2009, and on or
before the date described in subsection (b)(1)(B), a taxpayer may elect
to treat such purchase as made on December 31, 2009, for purposes of
this section.''.
(b) Conforming Amendments.--
(1) Section 24(b)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``and 25B'' and inserting ``, 25B,
and 25E''.
(2) Section 25(e)(1)(C)(ii) of such Code is amended by
inserting ``25E,'' after ``25D,''.
(3) Section 25B(g)(2) of such Code is amended by striking
``section 23'' and inserting ``sections 23 and 25E''.
(4) Section 904(i) of such Code is amended by striking
``and 25B'' and inserting ``25B, and 25E''.
(5) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (36), by striking the period at
the end of paragraph (37) and inserting ``, and'', and by
adding at the end the following new paragraph:
``(38) to the extent provided in section 25E(g).''.
(c) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25D the
following new item:
``Sec. 25E. Credit for certain home purchases.''.
(d) Sunset of Current First-Time Homebuyer Credit.--
(1) In general.--Subsection (h) of section 36 of the
Internal Revenue Code of 1986 is amended by striking ``before
December 1, 2009'' and inserting ``on or before the date of the
enactment of the Home Buyer Tax Credit Act of 2009''.
(2) Election to treat purchase in prior year.--Subsection
(g) of section 36 of the Internal Revenue Code of 1986 is
amended by striking ``before December 1, 2009'' and inserting
``on or before the date of the enactment of the Home Buyer Tax
Credit Act of 2009''.
(e) Effective Date.--The amendments made by this section shall
apply to purchases after the date of the enactment of this Act.
SEC. 3. RESCISSION OF ARRA APPROPRIATIONS.
(a) In General.--Effective on the date of the enactment of this
Act, of the discretionary appropriations made available by division A
of the American Recovery and Reinvestment Act of 2009 (Public Law 111-
5), the applicable percentage of unobligated balances are rescinded.
(b) Applicable Percentage.--For purposes of this section, the term
``applicable percentage'' means the percentage that the Secretary of
the Treasury estimates will result in an increase in revenue to the
Treasury equal to the decrease in revenue by reason of the amendments
made by section 2 of this Act. | Home Buyer Tax Credit Act of 2009 - Amends the Internal Revenue Code to replace the current tax credit for first-time homebuyers with a one-time credit for 10% of the purchase price of a principal residence, up to $15,000. Requires the repayment of such credit if the taxpayer sells or fails to occupy the residence within 24 months after the date of purchase.
Rescinds certain discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 to cover the cost of this Act. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a Federal income tax credit for certain home purchases."} | 2,317 | 117 | 0.523012 | 1.293454 | 0.517999 | 3.59596 | 21.141414 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Care for Working Parents Act
of 1998''.
SEC. 2. EARLY CHILDHOOD EDUCATION SERVICES REFERRAL HOTLINE.
(a) In General.--The Secretary of Health and Human Services may
make a grant to a private, nonprofit entity to provide for the
operation of a national, toll-free telephone hotline to provide
information and assistance to families seeking quality early childhood
education services.
(b) Duration.--A grant under this section may extend over a period
of not more than 5 years.
(c) Annual Approval.--The provision of payments under a grant made
under this section shall be subject to annual approval by the Secretary
and subject to the availability of appropriations for each fiscal year
to make the payments.
(d) Activities.--Funds received by an entity under this section
shall be used to establish and operate a national, toll-free telephone
hotline to provide information and assistance to families seeking
quality early childhood education services. In establishing and
operating the hotline, a private, nonprofit entity shall--
(1) contract with a carrier for the use of a toll-free
telephone line;
(2) employ, train, and supervise personnel to answer
incoming calls and provide to callers information about and
referral to quality early childhood education facilities and
local referral agencies;
(3) assemble and maintain a current database of information
relating to the availability of local quality early childhood
education services; and
(4) publicize the hotline to potential users throughout the
United States.
(e) Application.--A grant may not be made under this section unless
an application for such grant has been approved by the Secretary. To be
approved by the Secretary under this subsection an application shall--
(1) contain such agreements, assurances, and information,
be in such form and be submitted in such manner as the
Secretary shall require by rule;
(2) include a complete description of the applicant's plan
for the operation of a national early childhood education
services referral hotline, including descriptions of--
(A) training program for hotline personnel;
(B) the methodology for ensuring the accuracy of
information provided to callers; and
(C) a plan for publicizing the availability of the
hotline;
(3) demonstrate that the applicant has nationally
recognized expertise in the area of early childhood education,
including a demonstration of support from children's advocacy
groups; and
(4) contain such other information as the Secretary may
require.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $1,000,000 for fiscal year 1999;
(B) $400,000 for fiscal year 2000;
(C) $400,000 for fiscal year 2001;
(D) $400,000 for fiscal year 2002;
(E) $400,000 for fiscal year 2003; and
(F) $400,000 for fiscal year 2004.
(2) Availability.--Funds authorized to be appropriated
under paragraph (1) shall remain available until expended.
SEC. 3. AMENDMENTS TO THE CHILD CARE AND DEVELOPMENT BLOCK GRANT ACT OF
1990.
(a) Authorization of Appropriations for Fiscal Years 1999 Through
2002.--Section 658B of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858) is amended by inserting ``1998 and
$8,500,000,000 for each of the fiscal years 1999 through'' after
``through''.
(b) Timely Payment of Funds for Child Care Services.--Section
658E(c) of the Child Care and Development Block Grant Act of 1990 (42
U.S.C. 9858c(c)) is amended by adding at the end the following:
``(6) Timely payment of assistance for child care
services.--The State plan shall provide an assurance, and a
detailed description of the methods that the State will use to
ensure, that amounts provided under this subchapter for child
care services will be paid to participating child care
providers timely, as determined by the Secretary.''.
(c) Child Care Quality Improvement.--Section 658G of the Child Care
and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended to
read as follows:
``SEC. 658G. ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE.
``A State that receives financial assistance under this subchapter
shall use not less than 4 percent of such assistance for one or more of
the following:
``(1) Resource and referral programs.--Operating directly
or providing financial assistance to private nonprofit
organizations or public organizations (including units of
general purpose local government) for the development,
establishment, expansion, operation, and coordination of
resource and referral programs specifically related to child
care.
``(2) Grants or loans to assist in meeting state and local
standards.--Making grants or providing loans to child care
providers to assist such providers in meeting applicable State
and local child care standards.
``(3) Monitoring of compliance with licensing and
regulatory requirements.--Improving the monitoring of
compliance with, and enforcement of, State and local licensing
and regulatory requirements (including registration
requirements).
``(4) Training.--Providing training and technical
assistance in areas appropriate to the provision of child care
services, such as training in health and safety, nutrition,
first aid, the recognition of communicable diseases, child
abuse detection and prevention, and the care of children with
special needs.
``(5) Compensation.--Improving salaries and other
compensation paid to full- and part-time staff who provide
child care services for which assistance is provided under this
subchapter. ''.
(d) Application of Amendments.--The amendments made by this section
shall not apply with respect to any fiscal year beginning before the
date of the enactment of this Act.
SEC. 4. CREDIT FOR EMPLOYER EXPENSES IN PROVIDING CERTAIN DEPENDENT
CARE SERVICES.
(a) General Rule.--Subpart D of part IV of subchapter A of chapter
1 of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45D. EMPLOYER EXPENSES IN PROVIDING DEPENDENT CARE SERVICES.
``(a) General Rule.--For purposes of section 38, the employer day
care center credit determined under this section for the taxable year
is the amount determined under subsection (b) with respect to each
qualified day care center of the taxpayer.
``(b) Credit Per Facility.--For purposes of this section--
``(1) In general.--The amount determined under this
subsection for any taxable year with respect to any qualified
day care facility of the taxpayer is 50 percent of the excess
(if any) of--
``(A) the expenses paid or incurred by the taxpayer
during the taxable year in providing dependent care
services at such facility for employees, over
``(B) the aggregate amount received or accrued
during the taxable year by the employer for such
services.
``(2) Depreciation allowances.--For purposes of paragraph
(1), depreciation allowances under section 167 shall be treated
as expenses.
``(c) Qualified Day Care Center.--For purposes of this section, the
term `qualified day care center' means any day care center--
``(1) which is operated by the taxpayer exclusively for
purposes of providing dependent care services to employees,
``(2) which is located on the business premises of the
taxpayer or on a site within a reasonable distance of such
premises,
``(3) which complies with all applicable laws and
regulations of a State or unit of local government, and
``(4) the operation of which is part of a dependent care
assistance program (as defined in section 129(d)).''
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code is amended by striking ``plus'' at the end of
paragraph (11), by striking the period at the end of paragraph (12) and
inserting ``, plus'', and by adding at the end thereof the following
new paragraph:
``(13) the employer day care center credit determined under
section 45D(a).''
(c) Denial of Double Benefit.--Section 280C of such Code is amended
by adding at the end thereof the following new subsection:
``(d) Credit for Employer Day Care Center Expenses.--No deduction
shall be allowed for that portion of the expenses referred to in
section 45D(b)(1)(A) otherwise allowable as a deduction for the taxable
year which is equal to the amount of the credit determined for such
taxable year under section 45D(a).''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45D. Employer expenses in
providing dependent care
services.''
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 5. EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR.
Section 10993(h)(1) of the Elementary and Secondary Education Act
of 1965 is amended by striking ``appropriated'' and all that follows
through the period and inserting ``$150,000,000'' for fiscal year 1999
and such sums as may be necessary for each of the fiscal years 2000,
2001, and 2002.''. | Child Care for Working Parents Act of 1998 - Authorizes the Secretary of Health and Human Services to make a grant, for up to five years subject to annual approval, to a private, nonprofit entity for operation of a national, toll-free telephone hotline to provide information and assistance to families seeking quality early childhood education services. Authorizes appropriations.
(Sec. 3) Amends the Child Care and Development Block Grant Act of 1990 (CCDBGA) to extend the authorization of appropriations through FY 2002.
Requires State plans to ensure timely payments to participating child care providers for child care services under CCDBGA.
Requires States to use at least four percent of CCDBGA assistance for one or more of the following: (1) resource and referral programs; (2) grants or loans to assist in meeting State and local standards; (3) monitoring of compliance with licensing and regulatory requirements; (4) training; and (5) compensation.
(Sec. 4) Amends the Internal Revenue Code to establish a tax credit for employer expenses in providing certain dependent care services. Makes such employer day care center credit part of the general business credit. Disallows a specified double benefit with respect to such credit.
(Sec. 5) Amends the Elementary and Secondary Education Act of 1965 to extend through FY 2002 the authorization of appropriations for a program of assistance for an extended time for learning and a longer school year. | {"src": "billsum_train", "title": "Child Care for Working Parents Act of 1998"} | 2,144 | 311 | 0.589167 | 1.717905 | 0.858563 | 4.389892 | 6.909747 | 0.909747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Religious Freedom and Respect in the
Armed Forces Commission Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on Religious Freedom and Respect in the Armed Forces'' (in this Act
referred to as the ``Commission'').
SEC. 3. DEFINITION OF RELIGIOUS FREEDOM.
In this Act, the term ``religious freedom'' means the freedom to
choose one's religious beliefs, to express such beliefs, and to
exercise one's religious beliefs, rituals, and traditions, without
coercion or intimidation.
SEC. 4. DUTIES AND POWERS.
(a) Duties of the Commission.--The Commission shall conduct a
review to assess religious freedom, and respect and tolerance for the
diversity of spiritual values, in the Armed Forces. The review
conducted by the Commission shall include--
(1) an examination of the issues of religious freedom and
respect for the diversity of spiritual values in the Armed
Forces;
(2) an assessment of the policies, procedures, and
responsibilities for the accommodation of religious exercise in
the Armed Forces;
(3) a review of the report titled ``The Report of the
Headquarters Review Group Concerning the Religious Climate at
the U.S. Air Force Academy'', issued on June 22, 2005; and
(4) a review of any reports by the Government
Accountability Office or an Inspector General, and any
recommendations from other governmental or nongovernmental
sources, regarding religious freedom and respect for the
diversity of spiritual values in the Armed Forces that the
Commission considers appropriate.
(b) Areas of Review.--As part of the review under subsection (a),
the Commission shall identify and make findings regarding--
(1) opportunities to clarify guidelines for religious
freedom in the Armed Forces;
(2) areas within the Armed Forces where accommodation of
religious freedom can be enhanced and improved; and
(3) ways to improve and enhance respect and tolerance for
the diversity of spiritual values in the Armed Forces.
(c) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may issue subpoenas to
compel the attendance of witnesses and the production of documents, and
may administer oaths to witnesses appearing before it.
(d) Obtaining Official Data.--Subject to sections 552, 552a, and
552b of title 5, United States Code, 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
Chairman of the Commission, the head of that department or agency shall
furnish the information to the Commission.
(e) Contracts.--The Commission may contract, as the Commission
considers appropriate, for the provision of services, facilities,
studies, and reports that will assist the Commission in carrying out
its duties, responsibilities, and powers.
SEC. 5. MEMBERSHIP.
(a) Number and Qualifications.--The Commission shall be composed of
12 members, appointed from among individuals who are scholars, experts,
or other individuals with substantial knowledge of or experience in--
(1) the constitution and church-state relations;
(2) pastoral care; or
(3) professional development in the Armed Forces.
(b) Appointment.--Of the members described under subsection (a)--
(1) four shall be appointed by the President, not more than
2 of whom may be of the same political party;
(2) two shall be appointed by the Speaker of the House of
Representatives;
(3) two shall be appointed by the minority leader of the
House of Representatives;
(4) two shall be appointed by the majority leader of the
Senate; and
(5) two shall be appointed by the minority leader of the
Senate.
(c) Operations.--
(1) Appointment.--Members of the Commission shall be
appointed not later than 30 days after the date of the
enactment of this Act.
(2) Chairman.--The President shall designate one member of
the Commission to serve as Chairman of the Commission.
(3) Meetings.--
(A) Frequency.--The Commission shall meet monthly
at the call of the Chairman and at additional times as
the Commission considers appropriate.
(B) Quorum.--Seven members of the Commission shall
constitute a quorum but a lesser number may hold
hearings.
(4) Compensation.--Members of the Commission shall serve
without pay, but shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5, United
States Code.
(5) Professional staff.--The Commission may employ,
pursuant to laws and regulations governing the civil service,
an executive secretary and any clerical, professional, and
technical assistants as may be necessary.
(6) Terms and vacancies.--Each member shall be appointed
for the life of the Commission. A vacancy in the Commission
shall be filled in the manner in which the original appointment
was made. The appointment of the replacement member shall be
made not later than 30 days after the date on which the vacancy
occurs.
SEC. 6. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the Commission shall submit a report to the President and Congress
on the Commission's findings. The report shall include the following:
(1) An assessment of religious freedom, and respect and
tolerance for the diversity of spiritual values, in the Armed
Forces.
(2) Recommendations to clarify the right of religious
freedom in the Armed Forces and to ensure that the rights of
those who engage in religious exercise and expression, as well
as those who do not, are respected.
(3) Recommendations regarding how the Armed Forces can
promote and enhance tolerance and respect for the spiritual
values of all people.
SEC. 7. TERMINATION OF THE COMMISSION.
The Commission shall terminate 60 days after the date on which the
Commission submits the report required under section 6.
SEC. 8. FUNDING.
Funds for activities of the Commission shall be provided from
amounts appropriated for the Department of Defense. | Religious Freedom and Respect in the Armed Forces Commission Act - Establishes the Commission on Religious Freedom and Respect in the Armed Forces to: (1) assess religious freedom, and respect and tolerance for the diversity of spiritual values, in the Armed Forces; and (2) report findings to the President and Congress. | {"src": "billsum_train", "title": "To establish the Commission on Religious Freedom and Respect in the Armed Forces to assess the freedom of religion and respect for the diversity of spiritual values in the Armed Forces."} | 1,361 | 66 | 0.660899 | 1.689237 | 0.945494 | 6.45 | 21.233333 | 0.983333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Overdraft Protection Fair
Practices Act''.
SEC. 2. RESTRICTIONS ON OVERDRAFT PROTECTION PROGRAMS OR SERVICES.
(a) Truth in Lending Act Amendments.--
(1) Definition.--Section 103 of the Truth in Lending Act
(15 U.S.C. 1602) is amended by adding at the end the following
new subsection:
``(cc) Terms Relating to Short-Term Extensions of Credit Under
Overdraft Protection Programs.--
``(1) Overdraft protection fee.--The term `overdraft
protection fee' means any fee or charge imposed in connection
with any account on which checks or other debits are paid by
the institution in which such account is held even though there
are insufficient funds in the account to cover such checks or
other debits, unless such fee or charge--
``(A) is imposed on an incidental basis as a
customer accommodation and no more than 3 such
overdraft fees are imposed during any calendar year;
``(B) is imposed in connection with an extension of
credit through an overdraft line of credit program
where such fee or charge was considered a finance
charge under this title, as in effect immediately prior
to the enactment of the Consumer Overdraft Protection
Fair Practices Act; or
``(C) has been disclosed in connection with a
program under which the overdraft is covered by funds
transferred from another deposit, share, or other asset
account.
``(2) Other terms.--
``(A) Check.--The term `check' has the same meaning
as in section 3(6) of the Check Clearing for the 21st
Century Act.
``(B) Other debits.--The term `other debits'
includes withdrawals from an account by the consumer
through an automated teller machine and electronic fund
transfers from an account that are initiated or
authorized by the consumer.
``(C) Electronic fund transfer.--The term
`electronic fund transfer' has the same meaning as in
section 903.
``(D) Account.--The term `account' means any
account intended for use by and generally used by a
consumer primarily for personal, family, or household
purposes into which the consumer deposits funds.
``(E) Transaction account.--The term `transaction
account' has the same meaning as in section 19(b)(1)(C)
of the Federal Reserve Act.''.
(2) Restrictions on overdraft protection programs or
services.--
(A) In general.--Chapter 2 of the Truth in Lending
Act (15 U.S.C. 1631 et seq.) is amended by adding at
the end the following new section:
``Sec. 140A. Restrictions on overdraft protection programs or services
``(a) In General.--In the case of any transaction account of a
consumer at any institution, no overdraft protection fee may be imposed
on such account for any extension of funds by the institution to cover
any check or other debit for which there are insufficient funds in the
consumer's account to pay such check or other debit, unless--
``(1) the consumer has provided specific written consent to
any program or service that provides for charging of such fees
in connection with any such extension of funds;
``(2) such fee is imposed pursuant to the terms of a
written agreement with the consumer which discloses, in a clear
and conspicuous manner--
``(A) the amount of any fee imposed in connection
with paying an overdraft;
``(B) any applicable disclosure required by this
title in connection with such extension of credit,
including the disclosures required by section 127;
``(C) the categories of transactions for which a
fee for payment of an overdraft may be imposed,
including whether an overdraft created by withdrawals
at automated teller machines or other electronic fund
transfers will be covered and a fee imposed;
``(D) the time period by which the consumer must
repay or cover any extension of credit in the form of
payment of an overdraft; and
``(E) the circumstances under which the institution
in which an account is held will not pay an overdraft;
and
``(F) other information required to be disclosed by
regulation;
``(3) such fee is separately and conspicuously disclosed,
each time the fee is imposed, in any periodic statement
provided to the consumer with respect to such account and is
included in the calculation of the annual percentage rate as
required by sections 107 and 127(b)(6).
``(b) Clarification Relating to Overdraft Fees.--In the case of any
transaction account of a consumer at any institution, the prohibition
against an overdraft protection fee under subsection (a) shall apply
regardless of whether the amount of such fee is the same as, or less
than, any fee imposed by the institution with respect to such account
for a check or other debit that is returned unpaid.
``(c) Prohibition on Misrepresentations.--If any institution--
``(1) will not extend funds under specific circumstances to
cover an overdraft in any transaction account of a consumer at
the institution; or
``(2) reserves the right to extend funds to pay any such
overdraft on a discretionary basis,
any representation by such institution that the institution will extend
credit to cover all overdrafts on such account shall be a violation of
this title.''.
(B) Clerical amendment.--The table of sections for
chapter 2 of the Truth in Lending Act is amended by
inserting after the item relating to section 140 the
following new item:
``140A. Restrictions on overdraft protection programs or services.''.
(3) Restrictions on advertising of overdraft protection
programs or services.--
(A) In general.--Chapter 3 of the Truth in Lending
Act (15 U.S.C. 1661 et seq.) is amended by adding at
the end the following new section:
``Sec. 148. Restrictions on advertising of overdraft protection
programs or services
``(a) In General.--In the case of an institution that maintains
transaction accounts for consumers and offers a program or service
under which the institution pays any overdraft on the account in
exchange for payment of an overdraft protection fee, the institution
may not make any of the following representations or statements with
respect to such program or service in any advertisement or promotion:
``(1) Any representation or statement describing a
transaction account as free or no cost if the account includes,
or is promoted as including, overdraft protection services that
involve the payment of overdraft protection fees.
``(2) Any representation or statement encouraging use of
the account as a service to meet short-term credit needs or to
obtain advances on a consumer's next payment of salary, wages,
benefits, or other income.
``(3) Any representation or statement that the financial
institution will honor all checks or other debits presented
against the account, if the institution retains discretion at
any time not to honor any check or other debit presented.
``(b) Regulations.--The Board shall prescribe regulations
implementing the restrictions set forth in subsection (a) pursuant to
the authority of the Board under section 18(f) of the Federal Trade
Commission Act, and may, by regulation or order, restrict such
additional acts or practices that the Board finds to be unfair or
deceptive in connection with the offering, operation, and advertising
of overdraft protection programs and services.''.
(B) Clerical amendment.--The table of sections for
chapter 3 of the Truth in Lending Act is amended by
inserting after the item relating to section 147 the
following new item:
``148. Restrictions on advertising of overdraft protection programs or
services.''.
(4) Clarification of finance charge.--Section 106(a) of the
Truth in Lending Act (15 U.S.C. 1605(a)) is amended by adding
at the end the following new paragraph:
``(7) Overdraft protection fee.''.
(b) Electronic Fund Transfer Act Amendments.--Section 904 of the
Electronic Fund Transfer Act (15 U.S.C. 1693b) is amended by adding at
the end the following new subsection:
``(e) Restrictions on Overdraft Protection Services and Fees.--
``(1) In general.--A financial institution that holds a
consumer's account may not impose an overdraft protection fee
on the account in connection with any payment of an electronic
fund transfer initiated by the consumer at an automated teller
machine in spite of a lack of sufficient funds in the
consumer's account to pay such electronic fund transfer,
unless--
``(A) the consumer has affirmatively requested such
service pursuant to section 140(a)(1), including
specific consent to allowing overdrafts at an automated
teller machine or by debit card at a point-of-sale
terminal;
``(B) the financial has provided a notice to the
consumer after the transaction is initiated and before
the consumer is irrevocably committed to completing the
transaction, that the electronic fund transfer the
consumer has requested will result in an overdraft
protection fee, together with the amount of any such
fee;
``(C) the consumer elects to continue in the manner
necessary to effect the requested electronic fund
transfer after receiving such notice; and
``(D) the overdraft protection fee imposed in
connection with such transaction is clearly disclosed
in the written documentation of the electronic fund
transfer required by section 906(a).
``(2) Prohibition on fee in absence of notice.--If the
notice required by paragraph (1)(B) is not feasible, the
financial institution may not charge an overdraft protection
fee in connection with any payment of an electronic fund
transfer initiated by the consumer at an automated teller
machine or by debit card at a point-of-sale terminal in spite
of a lack of sufficient funds in the consumer's account to pay
such electronic fund transfer.
``(3) Disclosure of account balances.--In the case of any
financial institution that offers a program or service under
which the institution pays any overdraft on a consumer's
account in exchange for the imposition of an overdraft
protection fee in accordance with paragraph (1), the financial
institution shall, in response to a balance inquiry initiated
by the consumer at an automated teller machine operated by the
financial institution, disclose only the actual dollar balance
in the consumer's account at the time of the request, which
shall not include any additional amount of credit or overdraft
protection the financial institution will pay under any
agreement with the consumer that permits the imposition of the
overdraft protection fee.
``(4) Overdraft protection fee defined.--For purposes of
this subsection, the term `overdraft protection fee' has the
same meaning as in section 103(cc)(1).''.
(c) Expedited Funds Availability Act Amendments.--
(1) Definition.--Section 602 of the Expedited Funds
Availability Act (12 U.S.C. 4001) is amended by adding at the
end the following new paragraph:
``(26) Overdraft protection fee.--The term `overdraft
protection fee' has the same meaning as in section 103(cc)(1)
of the Truth in Lending Act.''.
(2) Restrictions on overdraft protection fees.--Section 607
of the Expedited Funds Availability Act (12 U.S.C. 4006) is
amended by adding at the end the following new subsection:
``(f) Restrictions on Overdraft Protection Fees.--A depository
institution may not--
``(1) impose an overdraft protection fee on an account at
such institution for paying any check drawn on the account in
spite of a lack of sufficient funds in the account to pay such
check or any similar activity unless the accountholder has
affirmatively requested such service pursuant to section
140(a)(1) of the Truth in Lending Act; or
``(2) engage in a pattern or practice of delaying the
posting of any deposit in an account, or manipulating the
process of posting any check or other debit against an account,
if such pattern or practice results in 1 or more overdrafts
that trigger payment by the accountholder of an overdraft
protection fee.''. | Consumer Overdraft Protection Fair Practices Act - Amends the Truth in Lending Act to set forth restrictions upon overdraft protection fees or services placed upon a consumer account in order to cover any debit due to insufficient funds in such account.
Prohibits certain misrepresentations made by an institution that it will extend credit to cover all overdrafts.
Prohibits specified advertising claims regarding overdraft protection programs or services, including any representation or statement encouraging use of the account as a service to: (1) meet short-term credit needs; or (2) obtain advances on a consumer's next payment of salary, wages, benefits, or other income.
Authorizes the Board of Governors of the Federal Reserve System to restrict additional acts or practices the Board deems unfair or deceptive in connection with the offering, operation, and advertising of overdraft protection programs and services.
Amends the Electronic Fund Transfer Act to set forth restrictions governing overdraft protection services and fees concerning payment of an electronic fund transfer initiated by the consumer at an automated teller machine (ATM) despite of a lack of sufficient funds in the consumer's account.
Amends the Expedited Funds Availability Act to prohibit a depository institution from: (1) imposing overdraft protection fees for paying any check drawn on the account in spite of a lack of sufficient funds unless the account holder has affirmatively requested such service; or (2) engaging in a pattern or practice of delaying the posting of any deposit in an account, or manipulating the process of posting any check or other debit against an account, if such pattern or practice results in an overdraft that triggers payment of an overdraft protection fee. | {"src": "billsum_train", "title": "To extend the protections of the Truth in Lending Act to overdraft protection programs and services provided by depository institutions, to require customer consent before a depository institution may initiate overdraft protection services and fees, to enhance the information made available to consumers relating to overdraft protection services and fees, to prohibit systematic manipulation in the posting of checks and other debits to a depository account for the purpose of generating overdraft protection fees, and for other purposes."} | 2,764 | 371 | 0.646461 | 2.065085 | 0.801329 | 5.312903 | 7.906452 | 0.906452 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S.-Israel Partnership to Hold Iran
Accountable Act''.
SEC. 2. UNITED STATES-ISRAEL JOINT COMMISSION TO ADDRESS IRANIAN
COMPLIANCE WITH THE JCPOA.
(a) Findings.--Congress finds the following:
(1) Enforcement of the Joint Comprehensive Plan of Action
(JCPOA) is of mutual concern to the United States and Israel.
(2) There is particular concern that as the world turns
elsewhere, Iran will exploit inattention, violate the JCPOA,
and eventually obtain a nuclear weapon. Iran is already
violating the letter and spirit of United Nations Security
Council Resolution 2231 through ballistic missile launches.
(3) Invigorating high-level dialogue between the United
States and Israel on a joint strategy to prevent a nuclear
armed Iran would strengthen mutual efforts to accomplish that
goal.
(4) A joint commission between the United States and Israel
could engage in senior-level dialogue on implementing the
JCPOA, working together to detect cheating by Iran and
preparing contingency responses in the event Iran has begun a
breakout to a nuclear weapon.
(5) Both the United States and Israel have developed highly
capable nuclear experts who can help each other refine their
plans to respond if Iran has begun a breakout to a nuclear
weapon, as well as ``red team'' vulnerabilities in response
plans.
(6) Detecting covert weaponization activities is
extraordinarily difficult and most indicative of a change in
Iran's calculus with respect to pursuing a nuclear weapon. It
is critical that the United States and Israel coordinate among
security professionals and political leadership to discuss how
to identify and reach consensus on such a development.
(b) Authorization.--The President, acting through the Secretary of
State, is authorized to establish a joint commission with the
Government of Israel to address Iranian compliance with the JCPOA.
(c) Activities.--The commission should undertake the following
activities:
(1) Support professional dialogues to detect violations of
the JCPOA by Iran, respond to such violations, and enhance
technical monitoring capabilities. Such support may include
travel and convening of conferences for meetings of
nongovernmental experts.
(2) Coordinate subcabinet level political discussions on
contingency responses to violations of the JCPOA by Iran and
responses to Iran's destabilizing, non-nuclear activities,
including its launching of missiles in violation of United
Nations Security Council Resolution 2231, support for
terrorism, and human rights violations.
(3) Coordinate technical discussions among the Department
of State, the Department of the Treasury, and the Department of
Energy, and counterpart Israeli ministries on technical aspects
of implementation of the JCPOA, including--
(A) determining what constitutes a marginal
violation of the JCPOA that would require international
consultations and a flexible response and what
constitutes a blatant violation of the JCPOA that
should be challenged rapidly and decisively, such as
the discovery of an undeclared nuclear facility or
militarization activities;
(B) determining ``red team'' technical conclusions
regarding compliance with the JCPOA by Iran;
(C) coordinating with the Department of Defense and
the Israeli Ministry of Defense to facilitate joint
military planning; and
(D) providing recommendations to the Department of
State regarding appropriate weapons sales to Israel to
facilitate preparations by the United States and Israel
to counter a serious violation of the JCPOA by Iran
through military means.
(d) Composition.--
(1) United states members.--The following officials of the
United States Government should be appointed as members of the
commission:
(A) The Secretary of State, who should serve as
chairperson of the commission.
(B) The Secretary of the Treasury.
(C) The Secretary of Energy.
(D) The Secretary of Defense.
(2) Israeli members.--It is the sense of Congress that
officials of the Government of Israel who are counterparts to
the United States Government officials described in paragraph
(1) should be appointed as members of the commission.
(3) Sense of congress.--It is the sense of Congress that
the President should ensure participation by senior officials
in the Executive Office of the President in the commission and
ensure participation of relevant counterparts in the Office of
the Prime Minister of Israel in the commission.
(e) Coordination of Military Planning.--It is the sense of Congress
that the Secretary of Defense should conduct joint military planning
with the Government of Israel based on contingency scenarios identified
by the commission under subsection (c), such as responding to the
detection of a covert Iranian enrichment facility, new Iranian efforts
at weaponization, or other clear indicators that Iran has begun a
breakout to a nuclear weapon.
(f) Definition.--In this section, the term ``Joint Comprehensive
Plan of Action'' or ``JCPOA'' means the Joint Comprehensive Plan of
Action, signed at Vienna July 14, 2015, by Iran and by the People's
Republic of China, France, Germany, the Russian Federation, the United
Kingdom and the United States, with the High Representative of the
European Union for Foreign Affairs and Security Policy, and all
implementing materials and agreements related to the Joint
Comprehensive Plan of Action.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for fiscal year 2017 such sums
as may be necessary. | U.S.-Israel Partnership to Hold Iran Accountable Act This bill authorizes the Department of State to establish a joint commission with Israel to address Iranian compliance with the Joint Comprehensive Plan of Action (JCPOA). The commission should: support professional dialogues to detect and respond to JCPOA violations by Iran; coordinate subcabinet level political discussions on contingency responses to such violations and responses to Iran's destabilizing, non-nuclear activities, including missile launches, support for terrorism, and human rights violations; and coordinate technical discussions among the State Department, the Department of the Treasury, the Department of Energy, and counterpart Israeli ministries on technical aspects of JCPOA implementation. The bill expresses the sense of Congress that: Israeli officials who are counterparts to specified U.S. officials should be appointed as commission members; the President should ensure commission participation by senior officials in the Executive Office of the President and counterparts in the Office of the Prime Minister of Israel; and the Department of Defense should conduct joint military planning with Israel based on commission-identified contingency scenarios, such as responding to the detection of a covert Iranian enrichment facility, new Iranian weaponization efforts, or other clear indicators that Iran has begun a nuclear weapon breakout. | {"src": "billsum_train", "title": "U.S.-Israel Partnership to Hold Iran Accountable Act"} | 1,156 | 267 | 0.676958 | 2.01595 | 1.032425 | 4.787879 | 4.675325 | 0.943723 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Services for Children of Substance
Abusers Reauthorization Act''.
SEC. 2. AMENDMENTS TO PUBLIC HEALTH SERVICE ACT.
(a) Administration and Activities.--
(1) Administration.--Section 399D(a) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in paragraph (1), by striking ``Administrator''
and all that follows through ``Administration'' and
insert ``Administrator of the Substance Abuse and
Mental Health Services Administration''; and
(B) in paragraph (2), by striking ``Administrator
of the Substance Abuse and Mental Health Services
Administration'' and inserting ``Administrator of the
Health Resources and Services Administration''.
(2) Activities.--Section 399D(a)(1) of the Public Health
Service Act (42 U.S.C. 280d(a)(1)) is amended--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting the following: ``through youth service
agencies, family social services, child care providers,
Head Start, schools and after-school programs, early
childhood development programs, community-based family
resource and support centers, the criminal justice
system, health, substance abuse and mental health
providers through screenings conducted during regular
childhood examinations and other examinations, self and
family member referrals, substance abuse treatment
services, and other providers of services to children
and families; and''; and
(C) by adding at the end the following:
``(D) to provide education and training to health,
substance abuse and mental health professionals, and
other providers of services to children and families
through youth service agencies, family social services,
child care, Head Start, schools and after-school
programs, early childhood development programs,
community-based family resource and support centers,
the criminal justice system, and other providers of
services to children and families.''.
(3) Identification of certain children.--Section
399D(a)(3)(A) of the Public Health Service Act (42 U.S.C.
280d(a)(3)(A)) is amended--
(A) in clause (i), by striking ``(i) the entity''
and inserting ``(i)(I) the entity'';
(B) in clause (ii)--
(i) by striking ``(ii) the entity'' and
inserting ``(II) the entity''; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(ii) the entity will identify children
who may be eligible for medical assistance
under a State program under title XIX or XXI of
the Social Security Act.''.
(b) Services for Children.--Section 399D(b) of the Public Health
Service Act (42 U.S.C. 280d(b)) is amended--
(1) in paragraph (1), by inserting ``alcohol and drug,''
after ``psychological,'';
(2) by striking paragraph (5) and inserting the following:
``(5) Developmentally and age-appropriate drug and alcohol
early intervention, treatment and prevention services.''; and
(3) by inserting after paragraph (8), the following:
``Services shall be provided under paragraphs (2) through (8) by a
public health nurse, social worker, or similar professional, or by a
trained worker from the community who is supervised by a professional,
or by an entity, where the professional or entity provides assurances
that the professional or entity is licensed or certified by the State
if required and is complying with applicable licensure or certification
requirements.''.
(c) Services for Affected Families.--Section 399D(c) of the Public
Health Service Act (42 U.S.C. 280d(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting before the colon the following: ``, or by an
entity, where the professional or entity provides
assurances that the professional or entity is licensed
or certified by the State if required and is complying
with applicable licensure or certification
requirements''; and
(B) by adding at the end the following:
``(D) Aggressive outreach to family members with
substance abuse problems.
``(E) Inclusion of consumer in the development,
implementation, and monitoring of Family Services
Plan.'';
(2) in paragraph (2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) Alcohol and drug treatment services,
including screening and assessment, diagnosis,
detoxification, individual, group and family
counseling, relapse prevention, pharmaco- therapy
treatment, after-care services, and case management.'';
(B) in subparagraph (C), by striking ``, including
educational and career planning'' and inserting ``and
counseling on the human immunodeficiency virus and
acquired immune deficiency syndrome'';
(C) in subparagraph (D), by striking ``conflict
and''; and
(D) in subparagraph (E), by striking ``Remedial''
and inserting ``Career planning and''; and
(3) in paragraph (3)(D), by inserting ``which include child
abuse and neglect prevention techniques'' before the period.
(d) Eligible Entities.--Section 399D(d) of the Public Health
Service Act (42 U.S.C. 280d(d)) is amended--
(1) by striking the matter preceding paragraph (1) and
inserting:
``(d) Eligible Entities.--The Secretary shall distribute the grants
through the following types of entities:'';
(2) in paragraph (1), by striking ``drug treatment'' and
inserting ``drug early intervention, prevention or treatment'';
and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``; and'' and
inserting ``; or''; and
(B) in subparagraph (B), by inserting ``or
pediatric health or mental health providers and family
mental health providers'' before the period.
(e) Submission of Information.--Section 399D(h) of the Public
Health Service Act (42 U.S.C. 280d(h)) is amended--
(1) in paragraph (2)--
(A) by inserting ``including maternal and child
health'' before ``mental'';
(B) by striking ``treatment programs''; and
(C) by striking ``and the State agency responsible
for administering public maternal and child health
services'' and inserting ``, the State agency
responsible for administering alcohol and drug
programs, the State lead agency, and the State
Interagency Coordinating Council under part H of the
Individuals with Disabilities Education Act; and''; and
(2) by striking paragraph (3) and redesignating paragraph
(4) as paragraph (3).
(f) Reports to the Secretary.--Section 399D(i)(6) of the Public
Health Service Act (42 U.S.C. 280d(i)(6)) is amended--
(1) in subparagraph (B), by adding ``and'' at the end; and
(2) by striking subparagraphs (C), (D), and (E) and
inserting the following:
``(C) the number of case workers or other
professionals trained to identify and address substance
abuse issues.''.
(g) Evaluations.--Section 399D(l) of the Public Health Service Act
(42 U.S.C. 280d(l)) is amended--
(1) in paragraph (3), by adding ``and'' at the end;
(2) in paragraph (4), by striking the semicolon and
inserting the following: ``, including increased participation
in work or employment-related activities and decreased
participation in welfare programs.''; and
(3) by striking paragraphs (5) and (6).
(h) Report to Congress.--Section 399D(m) of the Public Health
Service Act (42 U.S.C. 280d(m)) is amended--
(1) in paragraph (2), by adding ``and'' at the end;
(2) in paragraph (3)--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) in subparagraph (B), by striking the semicolon
and inserting a period; and
(C) by striking subparagraphs (C), (D), and (E);
and
(3) by striking paragraphs (4) and (5).
(i) Data Collection.--Section 399D(n) of the Public Health Service
Act (42 U.S.C. 280d(n)) is amended by adding at the end the following:
``The periodic report shall include a quantitative estimate of the
prevalence of alcohol and drug problems in families involved in the
child welfare system, the barriers to treatment and prevention services
facing these families, and policy recommendations for removing the
identified barriers, including training for child welfare workers.''.
(j) Definition.--Section 399D(o)(2)(B) of the Public Health Service
Act (42 U.S.C. 280d(o)(2)(B)) is amended by striking ``dangerous''.
(k) Authorization of Appropriations.--Section 399D(p) of the Public
Health Service Act (42 U.S.C. 280d(p)) is amended to read as follows:
``(p) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 2000, and such sums as may be necessary for fiscal year
2001.''.
(l) Grants for Training and Conforming Amendments.--Section 399D of
the Public Health Service Act (42 U.S.C. 280d) is amended--
(1) by striking subsection (f);
(2) by striking subsection (k);
(3) by redesignating subsections (d), (e), (g), (h), (i),
(j), (l), (m), (n), (o), and (p) as subsections (e) through
(o), respectively;
(4) by inserting after subsection (c), the following:
``(d) Training for Providers of Services to Children and
Families.--The Secretary may make a grant under subsection (a) for the
training of health, substance abuse and mental health professionals and
other providers of services to children and families through youth
service agencies, family social services, child care providers, Head
Start, schools and after-school programs, early childhood development
programs, community-based family resource centers, the criminal justice
system, and other providers of services to children and families. Such
training shall be to assist professionals in recognizing the drug and
alcohol problems of their clients and to enhance their skills in
identifying and understanding the nature of substance abuse, and
obtaining substance abuse early intervention, prevention and treatment
resources.'';
(5) in subsection (k)(2) (as so redesignated), by striking
``(h)'' and inserting ``(i)''; and
(6) in paragraphs (3)(E) and (5) of subsection (m) (as so
redesignated), by striking ``(d)'' and inserting ``(e)''. | Modifies reporting and evaluation requirements.
Authorizes appropriations.
Removes provisions mandating: (1) coordination with the State lead agency and the State Interagency Coordinating Council under the Individuals with Disabilities Education Act; and (2) peer review as part of the grant awarding process.
Authorizes grants for the training of personnel who provide services to children and families to assist the professionals in recognizing drug and alcohol problems and to enhance their skills in identifying substance abuse and obtaining early intervention, prevention, and treatment resources. | {"src": "billsum_train", "title": "Services for Children of Substance Abusers Reauthorization Act"} | 2,613 | 110 | 0.484847 | 1.239945 | 0.402944 | 2.680412 | 24 | 0.845361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Language Act of 2003''.
SEC. 2. ENGLISH AS OFFICIAL LANGUAGE.
(a) In General.--Title 4, United States Code, is amended by adding
at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of official language.
``162. Official Government activities in English.
``163. Preserving and enhancing the role of the official language.
``164. Exceptions.
``Sec. 161. Declaration of official language
``English shall be the official language of the Government of the
United States.
``Sec. 162. Official Government activities in English
``The Government of the United States shall conduct its official
business in English, including publications, income tax forms, and
informational materials.
``Sec. 163. Preserving and enhancing the role of the official language
``The Government of the United States shall preserve and enhance
the role of English as the official language of the United States of
America. Unless specifically stated in applicable law, no person has a
right, entitlement, or claim to have the Government of the United
States or any of its officials or representatives act, communicate,
perform or provide services, or provide materials in any language other
than English. If exceptions are made, that does not create a legal
entitlement to additional services in that language or any language
other than English.
``Sec. 164. Exceptions
``This chapter does not apply to the use of a language other than
English--
``(1) for religious purposes;
``(2) for training in foreign languages for international
communication;
``(3) to programs in schools designed to encourage students
to learn foreign languages; or
``(4) by persons over 62 years of age.
``This chapter does not prevent the Government of the United States
from providing interpreters for persons over 62 years of age.''.
(b) Conforming Amendment.--The table of chapters for title 4,
United States Code, is amended by adding at the end the following new
item:
``6. Language of the Government............................. 161''.
SEC. 3. TERMINATION OF BILINGUAL EDUCATION PROGRAMS.
(a) Repeal of Bilingual Education Act.--The Bilingual Education Act
(20 U.S.C. 3281 et seq.) is repealed.
(b) Termination of Office of Bilingual Education and Minority
Languages Affairs.--The Office of Bilingual Education and Minority
Languages Affairs in the Department of Education, established by part D
of the Bilingual Education Act (20 U.S.C. 3331 et seq.), is terminated.
(c) Recapture of Unexpended Funds.--Any funds that have been
provided as grants under the Bilingual Education Act (20 U.S.C. 3281 et
seq.), and that have not been expended before the date of the enactment
of this Act, shall be recaptured by the Secretary of Education and
deposited in the general fund of the Treasury.
(d) Transitional Provisions.--
(1) Completion of programs during current school year.--
Subsections (a) and (c) shall not apply to any program under
part A of the Bilingual Education Act (20 U.S.C. 3291 et seq.)
until completion of the most recent school year of the program
that commences after the date of the enactment of this Act.
(2) Assistance for transition to special alternative
instructional programs.--During the 1-year period beginning on
the date of the enactment of this Act, the Secretary of
Education may assist local educational agencies in the
transition of children enrolled in programs assisted under the
Bilingual Education Act (20 U.S.C. 3281 et seq.) to Special
Alternative Instructional Programs that do not make use of the
native language of the student.
SEC. 4. REPEAL OF BILINGUAL VOTING REQUIREMENTS.
(a) In General.--
(1) Bilingual election requirements.-- Section 203 of the
Voting Rights Act of 1965 (42 U.S.C. 1973aa-1a) is repealed.
(2) Voting rights.--Section 4 of the Voting Rights Act of
1965 (42 U.S.C. 1973b) is amended by striking subsection (f).
(b) Conforming Amendments.--
(1) References to section 203.--The Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) is amended--
(A) in section 204, by striking ``or 203,''; and
(B) in the first sentence of section 205, by
striking ``, 202, or 203'' and inserting ``or 202''.
(2) References to section 4.--The Voting Rights Act of 1965
(42 U.S.C. 1973 et seq.) is amended--
(A) in sections 2(a), 3(a), 3(b), 3(c), 4(d), 5, 6,
and 13, by striking ``, or in contravention of the
guarantees set forth in section 4(f)(2)'';
(B) in paragraphs (1)(A) and (3) of section 4(a),
by striking ``or (in the case of a State or subdivision
seeking a declaratory judgment under the second
sentence of this subsection) in contravention of the
guarantees of subsection (f)(2)''; and
(C) in paragraphs (1)(B) and (5) of section 4(a),
by striking ``or (in the case of a State or subdivision
which sought a declaratory judgment under the second
sentence of this subsection) that denials or
abridgments of the right to vote in contravention of
the guarantees of subsection (f)(2) have occurred
anywhere in the territory of such State or
subdivision''.
SEC. 5. ENGLISH LANGUAGE REQUIREMENT FOR CEREMONIES FOR ADMISSION OF
NEW CITIZENS.
Section 337(d) of the Immigration and Nationality Act (8 U.S.C.
1448(d)) is amended by adding at the end the following new sentence:
``All public ceremonies in which the oath of allegiance is administered
pursuant to this section shall be conducted solely in the English
language.''.
SEC. 6. NONPREEMPTION.
This Act (and the amendments made by this Act) shall not preempt
any law of any State. | National Language Act of 2003 - Makes English the official language of the U.S. Government. Requires the Government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the Government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law.Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, in school programs designed to encourage students to learn foreign languages, or by persons over age 62.Repeals the Bilingual Education Act. Terminates the Office of Bilingual Education and Minority Languages Affairs in the Department of Education.Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures.Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English.Specifies that this Act shall not preempt the law of any State. | {"src": "billsum_train", "title": "To amend title 4, United States Code, to declare English as the official language of the Government of the United States, and for other purposes."} | 1,482 | 290 | 0.647638 | 1.904994 | 0.858135 | 4.688 | 5.044 | 0.904 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Muscogee Nation of Florida Federal
Recognition Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Muscogee Nation of Florida is comprised of lineal
descendants of persons who were historically part of the Creek
Confederacy, which relocated from Daleville, Alabama, and other
areas of southern Alabama to the State of Florida between 1812
and 1887;
(2) those Creek persons settled in the north Florida
panhandle in autonomous communities (referred to in the
constitution of the Muscogee Nation as ``Townships''),
continuing the lifestyle and traditions practiced by the
historic Creek Nation of Alabama and Georgia;
(3)(A) on dissolution of the Creek Confederacy, the
ancestors of current members of the Muscogee Nation of Florida
relocated and reestablished home sites, traditions, ceremonial
centers, tribal government (including through the traditional
appointment of tribal leaders), and tribal economy in rural
areas of the State of Florida;
(B) the relocation described in subparagraph (A) did not
prevent the Nation from--
(i) continuing to exercise the governing powers of
the Nation;
(ii) providing services to members of the Nation;
or
(iii) enjoying the communal lifestyle of the
Nation; and
(C) some members of the Nation remain on original home
sites of their Creek ancestors;
(4) members of the Nation--
(A) participated in the 1814 Treaty of Ft. Jackson
and the Apalachicola Treaty of October 11, 1832; and
(B) were included in the Abbott-Parsons Creek
Census, dated 1832 and 1833;
(5) members of the Nation have established an ancestral
claim to land taken from the Nation by General Andrew Jackson
in the aftermath of the War of 1812 pursuant to the 1814 Treaty
of Ft. Jackson;
(6) beginning in 1971, the Secretary of the Interior
distributed to members of the Nation in 3 actions per capita
payments for land claim settlements;
(7)(A) in 1974, the State of Florida established the
Northwest Florida Creek Indian Council to manage issues
relating to Creek Indians in northwest Florida; and
(B) in 1978, the Council held an election for
representatives to the tribal government known as the ``Florida
Tribe of Eastern Creek Indians'', which is now the Muscogee
Nation of Florida;
(8) in 1986, the Senate and House of Representatives of the
State of Florida passed resolutions recognizing the Muscogee
Nation of Florida as an Indian tribe;
(9) the community of Bruce in Walton County, Florida, has
been a governing center for the Nation for more than 150 years;
(10) in the community of Bruce, the Nation--
(A) beginning in the early 1860s, used and
maintained the Antioch Cemetery, which remains in use
by members of the Nation as of the date of enactment of
this Act;
(B) between 1895 and 1947, maintained a school that
was attended by members of the Nation;
(C) in 1912, established a church that is
recognized by the Methodist Conference as a Native
American church; and
(D) maintained a ceremonial area on Bruce Creek
that was attended until the late 1920s;
(11) the ceremonial area of the Nation, as in existence on
the date of enactment of this Act--
(A) is located in the community of Blountstown,
Florida, 1 of the reservations referred to in the
Apalachicola Treaty of October 11, 1832; and
(B) is the site of continuing ceremonies, such as
Green Corn, and traditional events;
(12) local governments have recognized the community of
Bruce as the center of tribal government of the Nation; and
(13) during the 30-year period preceding the date of
enactment of this Act, the Nation has received Federal, State,
and local grants, and entered into contracts, to provide
services and benefits to members of the Nation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Member.--The term ``member'' means--
(A) an individual who is an enrolled member of the
Nation as of the date of enactment of this Act; and
(B) an individual who has been placed on the
membership rolls of the Nation in accordance with this
Act.
(2) Nation.--The term ``Nation'' means the Muscogee Nation
of Florida (formerly known as the ``Florida Tribe of Eastern
Creek Indians'').
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Tribal council.--The term ``Tribal Council'' means the
governing body of the Nation.
SEC. 4. FEDERAL RECOGNITION.
(a) Recognition.--
(1) In general.--Federal recognition is extended to the
Nation.
(2) Applicability of laws.--All laws (including
regulations) of the United States of general applicability to
Indians or nations, Indian tribes, or bands of Indians
(including the Act of June 18, 1934 (25 U.S.C. 461 et seq.))
that are not inconsistent with this Act shall be applicable to
the Nation and members.
(b) Federal Services and Benefits.--
(1) In general.--On and after the date of enactment of this
Act, the Nation and members shall be eligible for all services
and benefits provided by the Federal Government to federally
recognized Indian tribes without regard to--
(A) the existence of a reservation for the Nation;
or
(B) the location of the residence of any member on
or near any Indian reservation.
(2) Service area.--For the purpose of the delivery of
Federal services to members, the service area of the Nation
shall be considered to be--
(A) the community of Bruce in Walton County,
Florida; and
(B) an area in the State of Florida in which
members reside that is bordered--
(i) on the west by the Escambia River; and
(ii) on the east by the St. Marks River.
SEC. 5. CONSTITUTION AND BYLAWS.
(a) In General.--The constitution and bylaws of the Nation shall be
the constitution and bylaws of the Tribal Council dated January 21,
2001 (including amendments), as submitted to the Secretary for approval
on recognition.
(b) New Constitution and Bylaws.--On receipt of a written request
of the Tribal Council, the Secretary shall hold a referendum for
members for the purpose of adopting a new constitution and bylaws, in
accordance with section 16 of the Act of June 18, 1934 (25 U.S.C. 476).
SEC. 6. TRIBAL COUNCIL.
The Tribal Council--
(1) shall represent the Nation and members; and
(2) may--
(A) enter into any contract, grant agreement, or
other agreement with any Federal department or agency;
(B) carry out or administer such programs as the
Tribal Council determines to be appropriate to carry
out the contracts and agreements; and
(C) designate a successor in interest pursuant to a
new constitution or bylaw of the Nation adopted under
section 5(b).
SEC. 7. MEMBERSHIP ROLL.
The membership roll of the Nation shall be determined in accordance
with the membership criteria established by the ordinance of the Nation
numbered 04-01-100 and dated February 7, 2004. | Muscogee Nation of Florida Federal Recognition Act - Extends federal recognition to the Muscogee Nation of Florida (the Nation).
Makes the Nation and its members eligible for all services and benefits provided by the federal government to federally recognized Indian tribes. Considers, for the purpose of the delivery of federal services to members, the service area of the Nation to be: (1) the community of Bruce in Walton County, Florida; and (2) an area in Florida in which members reside that is bordered on the west by the Escambia River and on the east by the St. Marks River.
Declares that the constitution and bylaws of the Nation shall be the constitution and bylaws of the Nation's Tribal Council dated January 21, 2001 (including amendments). Instructs the Secretary of the Interior, upon receipt of a written request of the Tribal Council, to hold a referendum for members to adopt a new constitution and bylaws.
Specifies the role and duties of the Tribal Council.
Requires that the membership roll of the Nation be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04-01-100 and dated February 7, 2004. | {"src": "billsum_train", "title": "A bill to extend Federal recognition to the Muscogee Nation of Florida."} | 1,640 | 263 | 0.523133 | 1.59588 | 0.696914 | 5.522124 | 6.685841 | 0.938053 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Disease Reporting and Oversight Act of 2013''.
SEC. 2. REQUIREMENT THAT VETERANS HEALTH ADMINISTRATION REPORT CASES OF
INFECTIOUS DISEASES AT FACILITIES OF THE ADMINISTRATION.
(a) In General.--Subchapter II of chapter 73 of title 38, United
States Code, is amended by adding at the end the following new section:
``Sec. 7330B. Reporting of infectious diseases
``(a) Reporting.--(1) Except as provided in paragraph (2), not
later than 24 hours after the director of a Veterans Integrated Service
Network confirms the presence of a notifiable infectious disease at a
facility under the jurisdiction of the director, the director shall
submit notice of such presence to the following:
``(A) The Central Office of the Department.
``(B) The Director of the Centers for Disease Control and
Prevention.
``(C) The State in which the facility is located and if the
State has an agency or department that handles matters relating
to such notifiable infectious disease, the head of such agency
or department.
``(D) The county in which the facility is located and if
the county has an agency or department that handles matters
relating to such notifiable infectious disease, the head of
such agency or department.
``(E) For each individual who has contracted the notifiable
infectious disease at the facility or is at risk of contracting
such notifiable infectious disease--
``(i) the individual and the individual's next of
kin;
``(ii) the individual's primary health care
provider; and
``(iii) the county in which the individual resides
and if the county has an agency or department that
handles matters relating to such notifiable infectious
disease, the head of such agency or department.
``(F) Each employee of the Department who is employed at
such facility.
``(2) If the State in which a facility described in paragraph (1)
is located requires that a notifiable infectious disease confirmed at
such facility be reported to the State more quickly than required under
paragraph (1) or requires that a suspected presence of a notifiable
infectious disease at such facility be reported before waiting for
confirmation of such presence, the director concerned shall comply with
such State requirement.
``(3) Not later than 24 hours after submitting a notice under
paragraph (1), the director concerned shall confirm that such notice is
received.
``(b) Notifiable Infectious Disease.--For purposes of this section,
a notifiable infectious disease is any infectious disease that is--
``(1) on the list of nationally notifiable diseases
published by the Council of State and Territorial
Epidemiologists and the Centers for Disease Control and
Prevention; or
``(2) covered by a provision of law of a State that
requires the reporting of infectious diseases.
``(c) Plan To Prevent Spread.--(1) Not later than seven days after
the director of a Veterans Integrated Service Network confirms the
presence of a notifiable infectious disease at a facility under the
jurisdiction of such director, the director shall develop and implement
an action plan to manage and control the potential spread of the
notifiable infectious disease.
``(2) The plan developed and implemented under paragraph (1) shall
also provide details on the role of partnering Federal, State, and
local government entities in the management and control of the
potential spread of the notifiable infectious disease.
``(d) Recordkeeping.--The director of each Veterans Integrated
Service Network shall keep records of each notice submitted under
subsection (a)(1) for a period of not less than 10 years.
``(e) Annual Reports by Inspector General.--Not less frequently
than once each year, the Inspector General of the Department shall
submit to Congress a report on the compliance of the directors of the
Veterans Integrated Service Networks with the requirements of this
section.
``(f) Enforcement and Disciplinary Action.--(1) In any case in
which the Inspector General of the Department suspects that a director
of a Veterans Integrated Service Network has failed to comply with an
applicable provision of this section, the Inspector General shall
conduct an investigation to determine whether such director failed to
comply with an applicable provision of this section.
``(2) If the Inspector General determines under paragraph (1) that
a director has failed to comply with a provision of this section, the
Secretary shall suspend such director for such period as the Secretary
considers appropriate under subchapter I or subchapter II of chapter 75
of title 5, as the case may be.
``(3) Paragraph (2) shall not be construed to prevent the Secretary
from imposing, in addition to suspension under paragraph (2), such
other disciplinary action on the director as the Secretary considers
appropriate and for which the Secretary is otherwise authorized.''.
(b) Internal Communication.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary for Health of the
Veterans Health Administration shall issue a directive to the Pathology
Team, the Infection Prevention Team, and the Facilities Management Team
of the Veterans Health Administration and such other groups within the
Administration as the Under Secretary considers appropriate on the
actions that should be taken in any case in which a notifiable
infectious disease (as such term is used in section 7330B of title 38,
United States Code, as added by subsection (a)) is discovered in a
facility of the Veterans Health Administration.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 73 of such title is amended by inserting after the item
relating to section 7330A the following new item:
``7330B. Reporting of infectious diseases.''. | Department of Veterans Affairs Disease Reporting and Oversight Act of 2013 - Requires the director of a Veterans Integrated Service Network, within 24 hours after confirming the presence of a notifiable infectious disease (any infectious disease that is either on a specified published list of nationally notifiable diseases or that is covered by a provision of law of a state that requires the reporting of infectious diseases) at a Department of Veterans Affairs (VA) facility under that director's jurisdiction, to notify: (1) the Central Office of the VA; (2) the Director of the Centers for Disease Control and Prevention; (3) the state and county in which the facility is located; (4) each individual at the facility who has contracted the disease or is at risk of doing so, as well as the individual's next of kin, the individual's primary health care provider, and the county in which the individual resides; and (5) each VA employee of such facility. Requires such director to comply with any earlier notification required by the state concerned. Requires such director to: (1) confirm receipt of such notification, (2) develop and implement an action plan to manage and control the potential spread of the disease, and (3) keep records of any such notifications for at least 10 years. Requires an annual report from the VA Inspector General to Congress on directors' compliance with the requirements of this Act. Provides for Inspector General enforcement and appropriate director disciplinary action with respect to such requirements. Directs the Under Secretary for Health of the Veterans Health Administration (VHA) to issue a directive to the VHA's pathology team, infection prevention team, facilities management team, and other appropriate VHA groups on the actions to be taken when a notifiable infectious disease is discovered in a VHA facility. | {"src": "billsum_train", "title": "Department of Veterans Affairs Disease Reporting and Oversight Act of 2013"} | 1,296 | 383 | 0.736844 | 2.21504 | 0.77273 | 3.597101 | 3.446377 | 0.918841 |
SECTION 1. SHORT TITLE.
This Act may be cited as ``International Adoption Simplification
Act''.
SEC. 2. EXEMPTION FROM VACCINATION DOCUMENTATION REQUIREMENT.
Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section
101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section
101(b)(1);''.
SEC. 3. SIBLING ADOPTIONS.
Section 101(b)(1)(G) of the Immigration and Nationality Act (8
U.S.C. 1101(b)(1)(G)) is amended to read as follows:
``(G)(i) a child, younger than 16 years of age at the time
a petition is filed on the child's behalf to accord a
classification as an immediate relative under section 201(b),
who has been adopted in a foreign state that is a party to the
Convention on Protection of Children and Co-operation in
Respect of Intercountry Adoption, done at The Hague on May 29,
1993, or who is emigrating from such a foreign state to be
adopted in the United States by a United States citizen and
spouse jointly or by an unmarried United States citizen who is
at least 25 years of age, Provided, That--
``(I) the Secretary of Homeland Security is satisfied
that proper care will be furnished the child if admitted to
the United States;
``(II) the child's natural parents (or parent, in the
case of a child who has one sole or surviving parent
because of the death or disappearance of, abandonment or
desertion by, the other parent), or other persons or
institutions that retain legal custody of the child, have
freely given their written irrevocable consent to the
termination of their legal relationship with the child, and
to the child's emigration and adoption;
``(III) in the case of a child having two living
natural parents, the natural parents are incapable of
providing proper care for the child;
``(IV) the Secretary of Homeland Security is satisfied
that the purpose of the adoption is to form a bona fide
parent-child relationship, and the parent-child
relationship of the child and the natural parents has been
terminated (and in carrying out both obligations under this
subclause the Secretary of Homeland Security may consider
whether there is a petition pending to confer immigrant
status on one or both of such natural parents); and
``(V) in the case of a child who has not been adopted--
``(aa) the competent authority of the foreign state
has approved the child's emigration to the United
States for the purpose of adoption by the prospective
adoptive parent or parents; and
``(bb) the prospective adoptive parent or parents
has or have complied with any pre-adoption requirements
of the child's proposed residence; and
``(ii) except that no natural parent or prior adoptive
parent of any such child shall thereafter, by virtue of such
parentage, be accorded any right, privilege, or status under
this chapter; or
``(iii) subject to the same provisos as in clauses (i) and
(ii), a child who--
``(I) is a natural sibling of a child described in
clause (i), subparagraph (E)(i), or subparagraph (F)(i);
``(II) was adopted abroad, or is coming to the United
States for adoption, by the adoptive parent (or prospective
adoptive parent) or parents of the sibling described in
clause (i), subparagraph (E)(i), or subparagraph (F)(i);
and
``(III) is otherwise described in clause (i), except
that the child is younger than 18 years of age at the time
a petition is filed on his or her behalf for classification
as an immediate relative under section 201(b).''.
SEC. 4. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Exception.--An alien who is described in section
101(b)(1)(G)(iii) of the Immigration and Nationality Act, as added by
section 3, and attained 18 years of age on or after April 1, 2008,
shall be deemed to meet the age requirement specified in subclause
(III) of such section if a petition for classification of the alien as
an immediate relative under section 201(b) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)) is filed not later than 2 years
after the date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | International Adoption Simplification Act - Amends the Immigration and Nationality Act to include in the definition of "child," and thus in the exemption from required admissions vaccination documentation, certain children who have been adopted in a foreign country that is a signatory to the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption (Hague Convention) or who are emigrating from such a country for U.S. adoption.
Includes in such definition and exemption a child who is under the age of 18 at the time an immediate relative status petition is filed on his or her behalf, has been adopted abroad or is coming for U.S. adoption, and is the natural sibling of: (1) an adopted child from a Hague Convention signatory country; (2) a child adopted under the age of 16 who has lived with the adoptive parents for at least two years, or a child who has been abused; or (3) an orphan who was under the age of 16 at the time an immediate relative status petition was filed on his or her behalf.
Makes such provisions effective on the date of enactment of this Act, except that such an alien sibling who has attained the age of 18 on or after April 1, 2008, shall be deemed to meet the age requirement if a petition for classification of the alien as an immediate relative is filed not later than two years after the date of the enactment of this Act. | {"src": "billsum_train", "title": "A bill to restore immunization and sibling age exemptions for children adopted by United States citizens under the Hague Convention on Intercountry Adoption to allow their admission into the United States."} | 1,125 | 311 | 0.604825 | 1.738381 | 0.729079 | 3.176471 | 3.566176 | 0.904412 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honor the Nevada Enabling Act of
1864 Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Government controls over 80 percent of all
of the land within the State of Nevada, which is a greater
percentage than any other State.
(2) The paucity of State land and privately controlled land
in Nevada severely constrains the size and diversity of
Nevada's economy.
(3) The Federal Government promised all new States, in
their statehood enabling Act contracts, that it would dispose
of federally controlled public lands within the borders of
those States.
(4) The Federal Government has honored this promise with 38
States.
(5) The Federal Government has failed to honor this promise
with, and continues to control significant percentages of the
land within, the States of Alaska, Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, and
Washington.
(6) The United States Supreme Court has declared that
statehood enabling Act contracts are ``solemn compacts'' with
enforceable rights and obligations.
(7) Nevada could generate significant net revenue for the
benefit of its lands and people if it were afforded the
opportunity to manage an expanded State-controlled land
portfolio.
(8) A transfer of federally administered land to Nevada can
be accomplished in phases.
SEC. 3. DEFINITIONS IN THIS ACT.
In this Act:
(1) The term ``identified Federal lands'' means all lands
within the State of Nevada that are owned, managed, or
controlled by the Federal Government acting through the
Secretary of Agriculture or the Secretary of the Interior,
excluding the following:
(A) Components of the National Wilderness
Preservation System, National Park System, and National
Wildlife Refuge System.
(B) National Conservation Areas.
(C) National Monuments designated pursuant to the
Act of June 6, 1908 (commonly known as the Antiquities
Act of 1906).
(D) Lands designated as Areas of Critical
Environmental Concern for Protection of Desert Tortoise
by the Bureau of Land Management.
(E) Lands allocated as Herd Management Areas for
Wild Horses and Burros.
(F) Lands withdrawn and reserved for use by the
Department of Defense or the Department of Energy.
(G) Federally recognized Indian reservations and
lands administered or held in trust by the Bureau of
Indian Affairs.
(H) Bureau of Reclamation lands not identified as
surplus.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of Agriculture, with respect to
identified Federal lands administered by that
Secretary; and
(B) the Secretary of the Interior, with respect to
identified Federal lands administered by that
Secretary.
(3) The term ``select beneficiaries'' means any of the
following:
(A) Public elementary and secondary education.
(B) Public higher education.
(C) Public specialized education.
(D) Public mental and medical health services.
(E) Social, senior, and veterans services.
(F) Public programs for recovery plan development
and implementation for candidate and threatened or
endangered species.
(G) Political subdivisions of the State of Nevada,
but only with respect to payment for services and
infrastructure on conveyed identified Federal lands
that would otherwise be financed through property taxes
or other revenues available to a political subdivision
of the State.
(4) The term ``State'' means the State of Nevada.
SEC. 4. CONVEYANCE OF IDENTIFIED FEDERAL LANDS TO THE STATE OF NEVADA.
(a) Conveyance Required.--As provided in this Act, the Secretary
concerned shall convey, in phases and without consideration, to the
State of Nevada all right, title, and interest of the United States in
and to identified Federal lands for the purpose of permitting the State
to use the conveyed lands to support select beneficiaries.
(b) Condition of Conveyance.--All conveyances under this Act shall
be subject to the condition that the State hold the identified Federal
lands in trust for the select beneficiaries, except the State may sell,
lease, or securitize lands acquired under this Act to cover the cost of
management of the newly acquired lands.
(c) Selection of Lands for Conveyance.--The State is authorized to
select the identified Federal lands to be conveyed under this Act.
(d) Valid Existing Rights and Uses.--All conveyances under this Act
shall be subject to--
(1) valid existing rights; and
(2) valid existing uses on, permits for, and public access
to the conveyed lands, as in effect at the time of conveyance,
subject to State law.
(e) Conveyance of Entire Interest.--For identified Federal lands
conveyed under this Act, title to and ownership of both federally held
surface and subsurface estate, and appurtenant federally held water
rights, shall pass to the State.
SEC. 5. INITIAL CONVEYANCE PHASE.
(a) Conveyance Required.--As soon as practicable after selection by
the State, the Secretary concerned shall convey to the State pursuant
to section 3 identified Federal lands selected by the State from the
following categories of identified Federal lands:
(1) Lands identified as suitable for disposal in the report
to Congress submitted by the Secretary of Agriculture on May
27, 1997, pursuant to section 390(g) of the Federal Agriculture
Improvement and Reform Act of 1996 (Public Law 104-127; 110
Stat. 1024).
(2) Lands identified as suitable for disposal in any
Federal land use plan developed and approved pursuant to
section 202 the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1712) or section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
(3) Lands administered by the Bureau of Land Management
pursuant to the Act of June 14, 1926 (commonly known as the
Recreation and Public Purposes Act; 43 U.S.C. 869 et seq.).
(4) Lands allocated by the Secretary concerned as Solar
Energy Zones.
(5) Lands leased pursuant to the mineral and geothermal
leasing laws under the Mineral Leasing Act (30 U.S.C. 181 et
seq.).
(6) Lands administered by the Bureau of Land Management as
linear and nonlinear rights-of-way granted to the State and
political subdivisions of the State.
(7) Split estate lands, where the surface is privately held
and the Bureau of Land Management administers the subsurface
mineral estate.
(8) Lands in the State designated for disposal by any other
Act of Congress.
(9) Lands administered by the Bureau of Land Management
remaining within the original Central Pacific Railroad corridor
along Interstate Highway 80 in Northern Nevada, also known as
the ``checkerboard''.
(b) Authorized Acreage.--The State is authorized to select no less
than 7,200,000 acres from the categories of identified Federal lands
described in subsection (a) during the initial conveyance phase.
SEC. 6. SUBSEQUENT CONVEYANCE PHASES.
(a) Conveyance Process.--The Secretary concerned shall establish a
process to convey to the State the remaining identified Federal lands
not conveyed in the initial conveyance phase under section 5.
(b) Requests for Conveyance.--During the 10-year period beginning
upon the completion of the initial conveyance phase under section 5,
the Secretary concerned shall convey to the State pursuant to section
3, upon the request of the State or a political subdivision of the
State and consistent with the process established under this section,
identified Federal lands remaining under the control of the Secretary
concerned.
(c) Management of Lands Conveyed in Subsequent Conveyance Phases.--
The State shall manage identified Federal lands conveyed under this
section for ongoing net-revenue generation and environmental health,
function, productivity, and sustainability.
SEC. 7. STATE PAYMENTS TO POLITICAL SUBDIVISIONS OF THE STATE.
As an additional condition on conveyances under this Act, the State
shall agree to make payments to political subdivisions of the State,
using gross revenues derived from management of identified Federal
lands conveyed under this Act, to replace--
(1) revenues lost through reduced Federal payments under
chapter 69 of title 31, United States Code, on account of the
conveyance of the lands; and
(2) revenues that would otherwise have been shared with the
political subdivisions by the Department of the Interior Office
of Natural Resources Revenue from royalties, rents, and bonuses
generated through energy and mineral leases on identified
Federal lands had the lands remained in Federal ownership. | Honor the Nevada Enabling Act of 1864 Act Directs the Department of Agriculture (USDA) and the Department of the Interior to convey, in phases and without consideration, to the state of Nevada all interest of the United States in federal lands owned, managed, or controlled by the federal government through the USDA or Interior for the purpose of permitting the state to use them to support select beneficiaries. Specifies exceptions, including components of the National Wilderness Preservation System, National Park System, and National Wildlife System, and federally recognized Indian reservations and lands. Defines "select beneficiaries" as public elementary and secondary education; public higher education; public specialized education; public mental and medical health services; social, senior, and veterans services; public programs for recovery plan development and implementation for candidate and threatened or endangered species; and political subdivisions of the state, but only with respect to payment for services and infrastructure on conveyed identified federal lands that would otherwise be financed through property taxes or other revenues available to a political subdivision of the state. | {"src": "billsum_train", "title": "Honor the Nevada Enabling Act of 1864 Act"} | 1,899 | 227 | 0.533381 | 1.608443 | 0.831058 | 5.115578 | 8.829146 | 0.934673 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Equity in Educational Land-Grant
Status Act of 1994''.
SEC. 2. DEFINITION.
As used in this Act, the term ``1994 Institutions'' means any one
of the following colleges:
(1) Bay Mills Community College.
(2) Blackfeet Community College.
(3) Cheyenne River Community College.
(4) D-Q University.
(5) Dullknife Memorial College.
(6) Fond Du Lac Community College.
(7) Fort Belknap Community College.
(8) Fort Berthold Community College.
(9) Fort Peck Community College.
(10) LacCourte Orielles Ojibwa Community College.
(11) Little Big Horn Community College.
(12) Little Hoop Community College.
(13) Nebraska Indian Community College.
(14) Northwest Indian College.
(15) Oglala Lakota College.
(16) Salish Kootenai College.
(17) Sinte Gleska University.
(18) Sisseton Wahpeton Community College.
(19) Standing Rock College.
(20) Stonechild Community College.
(21) Turtle Mountain Community College.
(22) Navajo Community College.
(23) United Tribes Technical College.
(24) Southwest Indian Polytechnic Institute.
(25) Institute of American Indian and Alaska Native Culture
and Arts Development.
(26) Crownpoint Institute of Technology.
(27) Haskell Indian Junior College.
(28) Leech Lake Tribal College.
(29) College of the Menominee Nation.
SEC. 3. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) In General.--1994 Institutions shall be considered land-grant
colleges established for the benefit of agriculture and the mechanic
arts in accordance with the provisions of the Act of July 2, 1862 (12
Stat. 503; 7 U.S.C. 301-305, 307, and 308) except that this section
shall not apply to the Act of May 8, 1914 (38 Stat. 372, Chapter 79; 7
U.S.C. 341 et seq.) or the Act of March 2, 1887 (24 Stat. 440, Chapter
314; 7 U.S.C. 361a et seq.).
(b) Authorization of Appropriations.--In lieu of extending to 1994
Institutions, the provisions of the Act of July 2, 1862 (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.), there is authorized to be
appropriated $23,000,000 to establish an endowment pursuant to
subsection (c) for 1994 Institutions. Amounts appropriated pursuant to
this section shall be held and considered to have been granted to 1994
Institutions to establish an Endowment.
(c) Endowment.--
(1) In general.--In accordance with this section, the
Secretary of the Treasury shall establish a 1994 Institutions
Endowment Fund (referred to in this subsection as the
``endowment fund''). The Secretary may enter into such
agreements as are necessary to carry out this section.
(2) Deposit to the endowment fund.--The Secretary shall
deposit in the endowment fund any--
(A) amounts made available by appropriations
pursuant to subsection (c) (referred to in this
subsection as the ``endowment fund corpus''); and
(B) interest earned on the endowment fund corpus.
(3) Investments.--The Secretary shall invest the endowment
fund corpus and income in interest-bearing obligations of the
United States.
(4) Withdrawals and expenditures.--The Secretary may not
make a withdrawal or expenditure from the endowment fund
corpus. On the termination of each fiscal year, the Secretary
shall withdraw the amount of income from the endowment fund for
the fiscal year, and after making adjustments for the cost of
administering the endowment fund, distribute the adjusted
income as follows:
(A) 60 percent of the adjusted income shall be
distributed among the 1994 Institutions on a pro rata
basis. The proportionate share of the adjusted income
received by a 1994 Institution under this subparagraph
shall be based on the Indian student count (as defined
in section 390(3) of the Carl D. Perkins Vocational
Education Act (20 U.S.C. 2397h(3) or as defined in
section 2(a)(7) of the Tribally Controlled Community
College Assistance Act (25 U.S.C. 1801)) for each
Institution for the fiscal year.
(B) 40 percent of the adjusted income shall be
distributed in equal shares to the 1994 Institutions.
SEC. 4. APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--For each fiscal year, there are authorized
to be appropriated to the Department of the Treasury an amount
equal to--
(A) $50,000; multiplied by
(B) the number of 1994 Institutions.
(2) Payments.--For each fiscal year, the Secretary of the
Treasury shall pay to the treasurer of each 1994 Institution an
amount equal to--
(A) the total amount made available by
appropriations pursuant to paragraph (1); divided by
(B) the number of 1994 Institutions.
(3) Use of funds; requirements.--The amounts authorized to
be appropriated under this subsection shall be used in the same
manner as is prescribed for colleges under the Act of August
30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322 et seq.),
and, except as otherwise provided in this subsection, the
requirements of such Act shall apply to 1994 Institutions.
(b) Authorization of Appropriations for Cooperative Agreements.--
Section 3 of the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7 U.S.C.
343) is amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) There is authorized to be appropriated for the fiscal
year ending June 30, 1995, and for each fiscal year thereafter,
for payment on behalf of the 1994 Institutions, $5,000,000 for
the purposes set forth in section 2. Such sums shall be in
addition to the sums appropriated for the several States and
Puerto Rico, the Virgin Islands, and Guam under the provisions
of this section. Such sums shall be distributed on the basis of
a competitive applications process to be developed and
implemented by the Secretary and paid by the Secretary to State
institutions established in accordance with the provisions of
the Act of July 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C.
301 et seq.) (other than 1994 Institutions) and administered by
such institutions through cooperative agreements with 1994
Institutions in their States in accordance with regulations to
be adopted by the Secretary.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) There shall be no matching requirement for funds made
available pursuant to subsection (b)(3).''.
SEC. 5. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) Definitions.--As used in this section:
(1) Federal share.--The term ``Federal share'' means, with
respect to a grant awarded under subsection (b), the share of
the grant that is provided from Federal funds.
(2) Non-federal share.--The term ``non-Federal share''
means, with respect to a grant awarded under subsection (b) the
matching funds paid with funds other than funds referred to in
paragraph (2), as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) In General.--
(1) Institutional capacity building grants.--For each of
fiscal years 1995 through 1999, the Secretary shall make
institutional capacity building grants to assist 1994
Institutions with constructing, acquiring, and remodeling
buildings, laboratories, and other capital facilities
(including fixtures and equipment) necessary to conduct
research more effectively in agriculture and sciences.
(2) Requirements for grants.--The Secretary shall make
grants under this section--
(A) on the basis of a competitive application
process under which appropriate officials of 1994
Institutions may submit applications to the Secretary
in such form and manner as the Secretary may prescribe;
and
(B) in such manner as to ensure geographic
diversity with respect to the 1994 Institutions that
are the subject of the grants.
(3) Demonstration of need.--The Secretary shall require, as
part of an application for a grant under this subsection, a
demonstration of need. The Secretary may only award a grant
under this subsection to an applicant that demonstrates a
failure to obtain funding for a project after making a
reasonable effort to otherwise obtain the funding.
(4) Payment of non-federal share.--A grant awarded under
this subsection shall be made on the condition that the
recipient of the grant pay a non-Federal share in an amount
specified by the Secretary.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Agriculture to carry out this
section, $1,700,000 for each of fiscal years 1995 through 1999. | Equity in Educational Land-Grant Status Act of 1994 - Provides land-grant status for certain Indian colleges and institutions (1994 Institutions).
Authorizes appropriations to establish an endowment for such Institutions in lieu of their extension. Directs the Secretary of the Treasury to establish a 1994 Institutions Endowment Fund.
Authorizes appropriations for: (1) the 1994 Institutions; and (2) related cooperative agreements.
Directs the Secretary of Agriculture to make capacity building grants to such Institutions. Authorizes appropriations. | {"src": "billsum_train", "title": "Equity in Educational Land-Grant Status Act of 1994"} | 2,032 | 116 | 0.515465 | 1.305064 | 0.594194 | 2.474227 | 18.907216 | 0.886598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cybersecurity Education Enhancement
Act of 2007''.
SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY TRAINING PROGRAMS
AND EQUIPMENT.
(a) In General.--The Secretary of Homeland Security, acting through
the Assistant Secretary of Cybersecurity, shall establish, in
conjunction with the National Science Foundation, a program to award
grants to institutions of higher education (and consortia thereof)
for--
(1) the establishment or expansion of cybersecurity
professional development programs;
(2) the establishment or expansion (or both) of associate
degree programs in cybersecurity; and
(3) the purchase of equipment to provide training in
cybersecurity for either professional development programs or
degree programs.
(b) Roles.--
(1) Department of homeland security.--The Secretary, acting
through the Assistant Secretary and in consultation with the
Director of the National Science Foundation, shall establish
the goals for the program established under this section and
the criteria for awarding grants.
(2) National science foundation.--The Director of the
National Science Foundation shall operate the program
established under this section consistent with the goals and
criteria established under paragraph (1), including soliciting
applicants, reviewing applications, and making and
administering awards. The Director may consult with the
Assistant Secretary in selecting awardees.
(3) Funding.--The Secretary shall transfer to the National
Science Foundation the funds necessary to carry out this
section.
(c) Awards.--
(1) Peer review.--All awards under this section shall be
provided on a competitive, merit-reviewed basis.
(2) Focus.--In making awards under this section, the
Director shall, to the extent practicable, ensure geographic
diversity and the participation of women and underrepresented
minorities.
(3) Preference.--In making awards under this section, the
Director--
(A) shall give preference to applications submitted
by consortia of institutions, to encourage as many
students and professionals as possible to benefit from
the program established under this section; and
(B) shall give preference to any application
submitted by a consortium of institutions that includes
at least one institution that is eligible to receive
funds under title III or V of the Higher Education Act
of 1965.
(d) Institution of Higher Education Defined.--In this section the
term ``institution of higher education'' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for carrying out this section $3,700,000
for each of fiscal years 2008 and 2009.
SEC. 3. E-SECURITY FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle C of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 226. E-SECURITY FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary shall establish a
fellowship program in accordance with this section for the
purpose of bringing State, local, tribal, and private sector
officials to participate in the work of the National
Cybersecurity Division in order to become familiar with the
Department's stated cybersecurity missions and capabilities,
including but not limited to--
``(A) enhancing Federal, State, local, and tribal
government cybersecurity;
``(B) developing partnerships with other Federal
agencies, State, local, and tribal governments, and the
private sector;
``(C) improving and enhancing public/private
information sharing involving cyber attacks, threats,
and vulnerabilities;
``(D) providing and coordinating incident response
and recovery planning efforts; and
``(E) fostering training and certification.
``(2) Program name.--The program under this section shall
be known as the E-Security Fellows Program.
``(b) Eligibility.--In order to be eligible for selection as a
fellow under the program, an individual must--
``(1) have cybersecurity-related responsibilities; and
``(2) be eligible to possess an appropriate national
security clearance.
``(c) Limitations.--The Secretary--
``(1) may conduct up to 2 iterations of the program each
year, each of which shall be 180 days in duration; and
``(2) shall ensure that the number of fellows selected for
each iteration does not impede the activities of the Division.
``(d) Condition.--As a condition of selecting an individual as a
fellow under the program, the Secretary shall require that the
individual's employer agree to continue to pay the individual's salary
and benefits during the period of the fellowship.
``(e) Stipend.--During the period of the fellowship of an
individual under the program, the Secretary shall, subject to the
availability of appropriations, provide to the individual a stipend to
cover the individual's reasonable living expenses during the period of
the fellowship.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by adding at the end of the items relating to such
subtitle the following:
``Sec. 226. E-Security Fellows Program.''. | Cybersecurity Education Enhancement Act of 2008 - Directs the Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, to establish a program awarding competitive grants to institutions of higher education (IHEs) and consortia of IHEs for: (1) cybersecurity professional development programs; (2) associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for professional development and degree programs.
Gives grant priority to consortia of IHEs and such consortia that include IHEs eligible to receive funds under title III (Institutional Aid) or V (Developing Institutions) of the Higher Education Act of 1965.
Authorizes FY2009-FY2010 appropriations for the grant program.
Amends the Homeland Security Act of 2002 to direct the Secretary to establish a DHS Cybersecurity Fellows program to bring state, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to assist with Department of Homeland Security's stated cybersecurity missions and capabilities.
Urges the House of Representatives to designate a committee to serve as the single, principal point of cybersecurity oversight and review. | {"src": "billsum_train", "title": "To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes."} | 1,179 | 248 | 0.669538 | 1.90016 | 0.935457 | 3.753555 | 5.090047 | 0.853081 |
SECTION 1. SHORT TITLE; PURPOSES.
(a) Short Title.--This Act may be cited as the ``Environmental
Justice Act of 2002''.
(b) Purposes.--The purposes of this Act are--
(1) to focus Federal agency attention on the environmental
and human health conditions in minority and low-income
communities;
(2) to ensure that all Federal agencies develop practices
that promote environmental justice;
(3) to increase cooperation and coordination among Federal
agencies as they seek to achieve environmental justice;
(4) to provide minority, low-income, and Native American
communities greater access to public information and
opportunity for participation in decisionmaking affecting human
health and the environment;
(5) to mitigate the inequitable distribution of the burdens
and benefits of Federal programs having significant impact on
human health and the environment; and
(6) to hold Federal agencies accountable for the effects of
their projects and programs on all communities.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Environmental justice.--(A) The term ``environmental
justice'' means the fair treatment of people of all races,
cultures, and socioeconomic groups with respect to the
development, adoption, implementation, and enforcement of laws,
regulations, and policies affecting the environment.
(B) The term ``fair treatment'' means policies and
practices that will minimize the likelihood that a minority,
low-income, or Native American community will bear a
disproportionate share of the adverse environmental
consequences, or be denied reasonable access to the
environmental benefits, resulting from implementation of a
Federal program or policy.
(2) Federal agency.--The term ``Federal agency'' means--
(A) each Federal entity represented on the Working
Group;
(B) any other entity that conducts any Federal
program or activity that substantially affects human
health or the environment; and
(C) each Federal agency that implements any
program, policy, or activity applicable to Native
Americans.
(3) Working group.--The term ``Working Group'' means the
interagency working group established by section 4.
(4) Advisory committee.--The term ``the Advisory
Committee'' means the advisory committee established by section
6.
SEC. 3. ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF FEDERAL AGENCIES.
(a) Environmental Justice Mission.--To the greatest extent
practicable, the head of each Federal agency shall make achieving
environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minority, low-income, and Native American populations in
the United States and its territories and possessions, including the
District of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Mariana Islands.
(b) Nondiscrimination.--Each Federal agency shall conduct its
programs, policies, and activities in a manner that ensures that such
programs, policies, and activities do not have the effect of excluding
any person or group from participation in, denying any person or group
the benefits of, or subjecting any person or group to discrimination
under, such programs, policies, and activities, because of race, color,
national origin, or income.
(c) Environmental Analyses.--(1) Each analysis of environmental
effects of Federal actions required by the National Environmental
Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include analysis of
the effects of such action on human health and any economic and social
effects on minority communities and low-income communities.
(2) So far as feasible, any environmental assessment, environmental
impact statement, or record of decision prepared pursuant to the
National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall
include measures to mitigate any significant and adverse environmental
effects of proposed Federal actions on minority communities and low-
income communities.
(3) Each Federal agency shall provide opportunities for community
input in processes under the National Environmental Policy Act of 1969
(42 U.S.C. 321 et seq.), including identifying potential effects and
mitigation measures in consultation with affected communities and
improving the accessibility of meetings, crucial documents, and
notices.
SEC. 4. INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP.
(a) Creation and Composition.--There is hereby established the
Interagency Working Group on Environmental Justice, comprising the
heads of the following executive agencies and offices, or their
designees:
(1) The Department of Defense.
(2) The Department of Health and Human Services.
(3) The Department of Housing and Urban Development.
(4) The Department of Labor.
(5) The Department of Agriculture.
(6) The Department of Transportation.
(7) The Department of Justice;
(8) The Department of the Interior.
(9) The Department of Commerce.
(10) The Department of Energy.
(11) The Environmental Protection Agency.
(12) The Office of Management and Budget.
(13) The Office of Science and Technology Policy.
(14) The Office of the Deputy Assistant to the President
for Environmental Policy.
(15) The Office of the Assistant to the President for
Domestic Policy.
(16) The National Economic Council.
(17) The Council of Economic Advisers.
(18) Any other official of the United States that the
President may designate.
(b) Functions.--The Working Group shall--
(1) provide guidance to Federal agencies on criteria for
identifying disproportionately high and adverse human health or
environmental effects on minority populations and low-income
populations;
(2) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency as it develops or
revises an environmental justice strategy as required by this
Act, in order to ensure that the administration, interpretation
and enforcement of programs, activities, and policies are
undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of
Housing and Urban Development, and other Federal agencies
conducting research or other activities in accordance with
section 7;
(4) assist in coordinating data collection, maintenance,
and analysis required by this Act;
(5) examine existing data and studies on environmental
justice;
(6) hold public meetings and otherwise solicit public
participation and consider complaints as required under
subsection (c);
(7) develop interagency model projects on environmental
justice that evidence cooperation among Federal agencies; and
(8) in coordination with the Department of the Interior and
after consultation with tribal leaders, coordinate steps to be
taken pursuant to this Act that affect or involve federally-
recognized Indian Tribes.
(c) Public Participation.--The Working Group shall--
(1) hold public meetings and otherwise solicit public
participation, as appropriate, for the purpose of fact-finding
with regard to implementation of this Act, and prepare for
public review a summary of the comments and recommendations
provided; and
(2) receive, consider, and in appropriate instances conduct
inquiries concerning complaints regarding environmental justice
and the implementation of this Act by Federal agencies.
(d) Annual Reports.--(1) Each fiscal year following enactment of
this Act, the Working Group shall submit to the President, through the
Office of the Deputy Assistant to the President for Environmental
Policy and the Office of the Assistant to the President for Domestic
Policy, a report that describes the implementation of this Act,
including, but not limited to, a report of the final environmental
justice strategies described in section 6 of this Act and annual
progress made in implementing those strategies.
(2) The President shall transmit to the Speaker of the House of
Representatives and the President of the Senate a copy of each report
submitted to the President pursuant to paragraph (1).
(e) Conforming Change.--The Interagency Working Group on
Environmental Justice established under Executive Order No. 12898,
dated February 11, 1994, is abolished.
SEC. 5. FEDERAL AGENCY STRATEGIES.
(a) Agency-Wide Strategies.--Each Federal agency shall develop an
agency-wide environmental justice strategy that identifies and
addresses disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations.
(b) Revisions.--Each strategy developed pursuant to subsection (a)
shall identify programs, policies, planning, and public participation
processes, rulemaking, and enforcement activities related to human
health or the environment that should be revised to--
(1) promote enforcement of all health and environmental
statutes in areas with minority populations, low-income
populations, or Native American populations;
(2) ensure greater public participation;
(3) improve research and data collection relating to the
health of and environment of minority populations, low-income
populations, and Native American populations; and
(4) identify differential patterns of use of natural
resources among minority populations, low-income populations,
and Native American populations.
(c) Timetables.--Each strategy developed pursuant to subsection (a)
shall include, where appropriate, a timetable for undertaking revisions
identified pursuant to subsection (b).
SEC. 6. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be known as
the ``Federal Environmental Justice Advisory Committee''.
(b) Duties.--The Advisory Committee shall provide independent
advice and recommendations to the Environmental Protection Agency and
the Working Group on areas relating to environmental justice, which may
include any of the following:
(1) Advice on Federal agencies' framework development for
integrating socioeconomic programs into strategic planning,
annual planning, and management accountability for achieving
environmental justice results agency-wide.
(2) Advice on measuring and evaluating agencies' progress,
quality, and adequacy in planning, developing, and implementing
environmental justice strategies, projects, and programs.
(3) Advice on agencies' existing and future information
management systems, technologies, and data collection, and the
conduct of analyses that support and strengthen environmental
justice programs in administrative and scientific areas.
(4) Advice to help develop, facilitate, and conduct reviews
of the direction, criteria, scope, and adequacy of the Federal
agencies' scientific research and demonstration projects
relating to environmental justice.
(5) Advice for improving how the Environmental Protection
Agency and others participate, cooperate, and communicate
within that Agency and between other Federal agencies, State or
local governments, federally recognized Tribes, environmental justice
leaders, interest groups, and the public.
(6) Advice regarding the Environmental Protection Agency's
administration of grant programs relating to environmental
justice assistance (not to include the review or
recommendations of individual grant proposals or awards).
(7) Advice regarding agencies' awareness, education,
training, and other outreach activities involving environmental
justice.
(c) Advisory Committee.--The Advisory Committee shall be considered
an advisory committee within the meaning of the Federal Advisory
Committee Act (5 U.S.C. App.).
(d) Membership.--The Advisory Committee shall be composed of at
least 25 members appointed by the President. Members shall include
representatives of--
(1) community-based groups;
(2) industry and business;
(3) academic and educational institutions;
(4) State and local governments, federally recognized
tribes, and indigenous groups; and
(5) nongovernmental and environmental groups.
(e) Meetings.--The Advisory Committee shall meet at least twice
annually. Meetings shall occur as needed and approved by the Director
of the Office of Environmental Justice of the Environmental Protection
Agency, who shall serve as the officer required to be appointed under
section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.)
with respect to the Committee (in this subsection referred to as the
``Designated Federal Officer''). The Administrator of the Environmental
Protection Agency may pay travel and per diem expenses of members of
the Advisory Committee when determined necessary and appropriate. The
Designated Federal Officer or a designee of such Officer shall be
present at all meetings, and each meeting will be conducted in
accordance with an agenda approved in advance by such Officer. The
Designated Federal Officer may adjourn any meeting when the Designated
Federal Officer determines it is in the public interest to do so. As
required by the Federal Advisory Committee Act, meetings of the
Advisory Committee shall be open to the public unless the President
determines that a meeting or a portion of a meeting may be closed to
the public in accordance with subsection (c) of section 552b of title
5, United States Code. Unless a meeting or portion thereof is closed to
the public, the Designated Federal Officer shall provide an opportunity
for interested persons to file comments before or after such meeting or
to make statements to the extent that time permits.
(f) Duration.--The Advisory Committee shall remain in existence
until otherwise provided by law.
SEC. 7. HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION AND
ANALYSIS.
(a) Disproportionate Impact.--To the extent permitted by other
applicable law, including section 552a of title 5, United States Code,
popularly known as the Privacy Act of 1974, the Administrator of the
Environmental Protection Agency, or the head of such other Federal
agency as the President may direct, shall collect, maintain, and
analyze information assessing and comparing environmental and human
health risks borne by populations identified by race, national origin,
or income. To the extent practical and appropriate, Federal agencies
shall use this information to determine whether their programs,
policies, and activities have disproportionately high and adverse human
health or environmental effects on minority populations and low-income
populations.
(b) Information Related to Non-Federal Facilities.--In connection
with the development and implementation of agency strategies in section
4, the Administrator of the Environmental Protection Agency, or the
head of such other Federal agency as the President may direct, shall
collect, maintain, and analyze information on the race, national
origin, and income level, and other readily accessible and appropriate
information, for areas surrounding facilities or sites expected to have
a substantial environmental, human health, or economic effect on the
surrounding populations, if such facilities or sites become the subject
of a substantial Federal environmental administrative or judicial
action.
(c) Impact From Federal Facilities.--The Administrator of the
Environmental Protection Agency, or the head of such other Federal
agency as the President may direct, shall collect, maintain, and
analyze information on the race, national origin, and income level, and
other readily accessible and appropriate information, for areas
surrounding Federal facilities that are--
(1) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act (42 U.S.C.
11001 et seq.) as mandated in Executive Order No. 12856; and
(2) expected to have a substantial environmental, human
health, or economic effect on surrounding populations.
(d) Information Sharing.--(1) In carrying out the responsibilities
in this section, each Federal agency, to the extent practicable and
appropriate, shall share information and eliminate unnecessary
duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local,
and tribal governments.
(2) Except as prohibited by other applicable law, information
collected or maintained pursuant to this section shall be made
available to the public.
(e) Public Comment.--Federal agencies shall provide minority
populations and low-income populations the opportunity to participate
in the development, design, and conduct of activities undertaken
pursuant to this section. | Environmental Justice Act of 2002 - Requires Federal agencies to include achieving environmental justice in their missions through identifying and addressing any disproportionately high and adverse human health or environmental effects of their activities on minority and low-income communities.Establishes the Interagency Working Group on Environmental Justice.Directs each Federal agency to develop an agency-wide environmental justice strategy.Establishes the Federal Environmental Justice Advisory Committee.Requires the Administrator of the Environmental Protection Agency to collect and analyze data assessing environmental and human health risks borne by populations identified by race, national origin, or income. Targets for data collection those areas surrounding facilities expected to have a substantial environmental, human health, or environmental effect on surrounding populations. | {"src": "billsum_train", "title": "To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for other purposes."} | 3,286 | 161 | 0.628638 | 1.66963 | 0.878109 | 4.546154 | 24.546154 | 0.946154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Jobs From Innovative Small
Businesses Act of 2010''.
SEC. 2. CREDIT FOR INVESTMENTS IN SMALL TECHNOLOGY INNOVATION
COMPANIES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding after section
45Q the following new section:
``SEC. 45R. HIGH TECHNOLOGY INVESTMENT TAX CREDIT.
``(a) Allowance of Credit.--For purposes of section 38, the high
technology investment tax credit determined under this section for the
taxable year is an amount equal to 20 percent of the amount paid by the
taxpayer during such year to acquire a qualified equity investment in a
qualified high technology small business concern.
``(b) Maximum Credit.--
``(1) In general.--The taxpayer's credit determined under
this section for the taxable year shall not exceed the excess
(if any) of--
``(A) $100,000, over
``(B) the taxpayer's (and any predecessor's)
aggregate credit determined under this section for all
prior taxable years.
``(2) Related parties.--
``(A) In general.--For purposes of paragraph (1),
all related persons shall be treated as 1 person, and
the dollar amount in paragraph (1)(A) shall be
allocated among such persons under regulations
prescribed by the Secretary.
``(B) Related persons.--A person shall be treated
as related to another person if the relationship
between such persons would result in the disallowance
of losses under section 267 or 707(b).
``(c) Definitions.--For purposes of this section--
``(1) Qualified equity investment.--
``(A) In general.--The term `qualified equity
investment' means any equity investment in a qualified
high technology small business concern if--
``(i) such investment is acquired by the
taxpayer at its original issue (directly or
through an underwriter) solely in exchange for
cash, and
``(ii) such investment is designated for
purposes of this section by such concern.
``(B) Equity investment.--The term `equity
investment' means--
``(i) any stock (other than nonqualified
preferred stock as defined in section
351(g)(2)) in an entity which is a corporation,
and
``(ii) any capital interest in an entity
which is a partnership.
``(C) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
subsection.
``(2) Qualified high technology small business concern.--
The term `qualified high technology small business concern'
means, with respect to any taxable year, any small business
concern (as defined in section 3 of the Small Business Act)
if--
``(A) such concern employs an average of fewer than
500 employees on business days during such year, and
``(B) at least 50 percent of the gross expenditures
of such entity for such year are research or
experimental expenditures under section 174.
``(d) National Limitation on Amount of Investments Designated.--
``(1) In general.--There is a high technology investment
tax credit limitation for each calendar year. Such limitation
is--
``(A) $500,000,000 for 2010,
``(B) $750,000,000 for 2011 and 2012, and
``(C) $1,000,000,000 for 2013 and 2014.
``(2) Allocation of limitation.--The limitation under
paragraph (1) shall be allocated by the Secretary among
qualified high technology small business concerns selected by
the Secretary.
``(3) Carryover of unused limitation.--If the high
technology investment tax credit limitation for any calendar
year exceeds the aggregate amount allocated under paragraph (2)
for such year, such limitation for the succeeding calendar year
shall be increased by the amount of such excess. No amount may
be carried under the preceding sentence to any calendar year
after 2020.
``(e) Certain Taxpayers Not Eligible.--No credit shall be
determined under this section for any equity investment in any
qualified high technology small business concern made by any individual
who, at the time of the investment, is--
``(1) an employee of such concern, or
``(2) a member of the family (within the meaning of section
267(c)(4)) of an employee of such concern.
``(f) Basis Reduction.--The basis of any qualified equity
investment shall be reduced by the amount of any credit determined
under this section with respect to such investment. This subsection
shall not apply for purposes of sections 1202, 1400B, and 1400F.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out this section, including
regulations--
``(1) which prevent the abuse of the purposes of this
section,
``(2) which impose appropriate reporting requirements, and
``(3) which apply the provisions of this section to newly
formed entities.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (34), by striking
the period at the end of paragraph (35) and inserting ``, plus'', and
by adding at the end the following new paragraph:
``(36) the high technology investment tax credit determined
under section 45R.''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45Q the following new
item:
``Sec. 45R. High technology investment tax credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to investments made after December 31, 2009, in taxable years
ending after such date. | Creating Jobs From Innovative Small Businesses Act of 2010 - Amends the Internal Revenue Code to allow a general business tax credit of 20% of the amount paid to acquire an equity investment in a qualified high technology small business concern. Defines "qualified high technology small business concern" as a small business concern that employs an average of fewer than 500 employees during a year and devotes at least 50% of its gross expenditures to research and experimentation. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in high technology small business concerns."} | 1,331 | 98 | 0.534797 | 1.326507 | 0.91359 | 3.107143 | 14.607143 | 0.869048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Natural Gas Security and
Consumer Protection Act''.
SEC. 2. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS.
Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is
amended--
(1) in the first sentence, by striking ``(a) After six
months'' and inserting the following:
``(a) In General.--
``(1) Authorization for the importation of natural gas.--
``(A) Prohibition.--After 6 months'';
(2) in the second sentence, by striking ``The Commission''
and inserting the following:
``(B) Issuance of orders.--The Commission'';
(3) in the third sentence, by striking ``The Commission''
and inserting the following:
``(C) Modification.--The Commission'';
(4) in paragraph (1)(A) (as so designated), by striking
``export any natural gas from the United States to a foreign
country or'';
(5) in paragraph (1)(B) (as so designated), by striking
``exportation or''; and
(6) by adding at the end the following:
``(2) Authorization for the exportation of natural gas.--
``(A) Prohibition.--No person shall export any
natural gas from the United States to a foreign country
without first having secured an order of the Secretary
of Energy authorizing the exportation.
``(B) Issuance of orders.--On receiving an
application, the Secretary of Energy may issue an order
authorizing a person to export natural gas from the
United States to a foreign country if the Secretary of
Energy determines that the proposed exportation is
consistent with the public interest, in accordance with
the regulations promulgated pursuant to paragraph
(3)(B).
``(C) Modification.--The Secretary of Energy may by
order grant an application submitted under subparagraph
(B), in whole or in part, with such modifications and
on such terms and conditions as the Secretary of Energy
determines necessary.
``(D) Timing.--The Secretary of Energy shall not
issue an order under this paragraph prior to the date
on which the Secretary of Energy promulgates final
regulations pursuant to paragraph (3)(B).
``(3) Public interest determination for export
applications.--
``(A) NEPA review.--In accordance with section
102(2)(C) of the National Environmental Policy Act of
1969 (42 U.S.C. 4332(2)(C)), the Secretary of Energy
shall issue a detailed statement on the environmental
impact of the issuance of an order under paragraph (2),
including a summary of an analysis conducted on the
impact of the extraction of exported natural gas on the
environment in communities where the natural gas is
extracted.
``(B) Regulations.--
``(i) Deadline.--Not later than 2 years
after the date of enactment of this paragraph
and after notice and public comment, the
Secretary of Energy shall promulgate final
regulations to establish the processes for
purposes of issuing an order under paragraph
(2) for determining whether a proposed
exportation of natural gas from the United
States to a foreign country is in the public
interest.
``(ii) Contents.--Regulations promulgated
pursuant to clause (i) shall require the
Secretary of Energy to determine, with respect
to each application for exportation of natural
gas from the United States to a foreign
country, whether the exportation is in the
public interest through--
``(I) use of the latest available
data on current and projected United
States natural gas demands, production,
and price;
``(II) consideration of the effects
of the natural gas exports on--
``(aa) household and
business energy expenditures by
electricity and natural gas
consumers in the United States;
``(bb) the economy, jobs,
and manufacturing of the United
States, including the effects
on wages, investment, and
energy-intensive and trade-
exposed industries, as
determined by the Secretary;
``(cc) the energy security
of the United States, including
the ability of the United
States to reduce the reliance
of the United States on
imported oil;
``(dd) the conservation of
domestic natural gas supplies
to meet the future energy needs
of the United States;
``(ee) the potential for
natural gas use in the
transportation, industrial, and
electricity sectors of the
United States;
``(ff) the ability of the
United States to reduce
greenhouse gas emissions;
``(gg) the national
security and foreign policy of
the United States;
``(hh) domestic natural gas
supply and availability,
including the effects on
pipelines and other
infrastructure;
``(ii) the balance of trade
in the United States; and
``(jj) other issues
determined relevant by the
Secretary; and
``(III) consideration of the
detailed statement issued under
subparagraph (A).
``(4) Exemptions.--
``(A) In general.--Paragraph (2) does not apply
with respect to any order authorizing the exportation
of natural gas if the natural gas that would be
exported as a result of the order is exported solely to
meet a requirement imposed pursuant to--
``(i) part B of title II of the Energy
Policy and Conservation Act (42 U.S.C. 6271 et
seq.);
``(ii) section 203 of the International
Emergency Economic Powers Act (50 U.S.C. 1702);
or
``(iii) section 5(b) of the Trading with
the Enemy Act (50 U.S.C. App. 5(b)).
``(B) Issuance of orders.--In the case of an order
described in subparagraph (A), the Secretary of Energy
may issue the order without modification or delay after
receiving an application.''.
SEC. 3. EFFECT.
Nothing in this Act or an amendment made by this Act affects the
authority in section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c))
regarding the importation or exportation of natural gas to a nation
with which there is in effect a free trade agreement. | American Natural Gas Security and Consumer Protection Act Amends the Natural Gas Act to prohibit exporting natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy (DOE) authorizing the exportation. Allows DOE to: (1) authorize such exportation after determining that it is consistent with the public interest, and (2) modify the export application as DOE determines necessary. Requires the Secretary to issue: (1) an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 on such an order, and (2) a summary of an analysis on the impact of extraction of exported natural gas upon the environment in those communities where the natural gas is extracted. Directs DOE to promulgate final regulations to establish the processes for determining whether a proposed exportation of natural gas from the United States to a foreign country is in the public interest. Exempts any export authorization order from the EIS and public interest requirements if the natural gas would be exported solely to meet certain requirements of: (1) the Energy Policy and Conservation Act, (2) the International Emergency Economic Powers Act, or (3) the Trading with the Enemy Act. Authorizes DOE, furthermore, to issue such orders without modification or delay after receiving an application. States that this Act does not affect certain authority under the Natural Gas Act regarding the importation or exportation of natural gas to a nation with which a free trade agreement is in effect. | {"src": "billsum_train", "title": "American Natural Gas Security and Consumer Protection Act"} | 1,405 | 306 | 0.62871 | 1.786488 | 0.84385 | 3.759717 | 4.579505 | 0.897527 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corps of Engineers Reform Act of
2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Corps.--The term ``Corps'' means the Corps of
Engineers.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
SEC. 3. INLAND WATERWAY REFORM.
(a) Construction.--Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended--
(1) in the first sentence, by striking ``One-half of the
costs of construction'' and inserting ``Forty-five percent of
the costs of construction''; and
(2) by striking the second sentence and inserting ``Fifty-
five percent of those costs shall be paid only from amounts
appropriated from the Inland Waterways Trust Fund.''.
(b) Operation and Maintenance.--Section 102 of the Water Resources
Development Act of 1986 (33 U.S.C. 2212) is amended by striking
subsections (b) and (c) and inserting the following:
``(b) Operation and Maintenance.--
``(1) Federal share.--The Federal share of the cost of
operation and maintenance shall be 100 percent in the case of--
``(A) a project described in paragraph (1) or (2)
of subsection (a); or
``(B) the portion of the project authorized by
section 844 that is allocated to inland navigation.
``(2) Source of federal share.--
``(A) General fund.--In the case of a project
described in paragraph (1) or (2) of subsection (a)
with respect to which the cost of operation and
maintenance is less than or equal to 1 cent per ton
mile, or in the case of the portion of the project
authorized by section 844 that is allocated to inland
navigation, the Federal share under paragraph (1) shall
be paid only from amounts appropriated from the general
fund of the Treasury.
``(B) General fund and inland waterways trust
fund.--In the case of a project described in paragraph
(1) or (2) of subsection (a) with respect to which the
cost of operation and maintenance is greater than 1 but
less than or equal to 10 cents per ton mile--
``(i) 45 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the general fund of the
Treasury; and
``(ii) 55 percent of the Federal share
under paragraph (1) shall be paid only from
amounts appropriated from the Inland Waterways
Trust Fund.
``(C) Inland waterways trust fund.--In the case of
a project described in paragraph (1) or (2) of
subsection (a) with respect to which the cost of
operation and maintenance is greater than 10 cents per
ton mile, 100 percent of the Federal share under
paragraph (1) shall be paid only from amounts
appropriated from the Inland Waterways Trust Fund.''.
SEC. 4. INDEPENDENT REVIEW.
(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'', with
respect to a water resources project, means a State or portion
of a State that--
(A) is located, at least partially, within the
drainage basin in which the project is carried out; and
(B) would be economically or environmentally
affected as a result of the project.
(2) Director.--The term ``Director'' means the Director of
Independent Review appointed under subsection (c)(1).
(b) Projects Subject to Independent Review.--
(1) In general.--The Secretary shall ensure that each draft
feasibility report, draft general reevaluation report, and
draft environmental impact statement for each water resources
project described in paragraph (2) is subject to review by an
independent panel of experts established under this section.
(2) Projects subject to review.--A water resources project
shall be subject to review under paragraph (1) if--
(A) the project has an estimated total cost of more
than $30,000,000, including mitigation costs;
(B) the Governor of an affected State, or the
Director of a Federal agency with jurisdiction over
resources affected by the proposed project requests the
establishment of a panel of independent experts to
review the project; and
(C) the Secretary determines under paragraph (3)
that the proposed project is controversial.
(3) Written requests.--Not later than 30 days after the
date on which the Secretary receives a written request of an
interested party, or on the initiative of the Secretary, the
Director shall determine whether a water resources project is
controversial.
(c) Director of Independent Review.--
(1) Appointment.--The Secretary of the Army shall appoint
in the Office of the Inspector General of the Department of the
Army a Director of Independent Review.
(2) Qualifications.--The Secretary of the Army shall select
the Director from among individuals who are distinguished
experts in biology, hydrology, engineering, economics, or
another discipline relating to water resources management.
(3) Limitation on appointments.--The Army Inspector General
shall not appoint an individual to serve as the Director if the
individual has a financial interest in or close professional
association with any entity with a strong financial interest in
a water resources project that, on the date of appointment of
the Director, is--
(A) under construction;
(B) in the preconstruction engineering and design
phase; or
(C) under feasibility or reconnaissance study by
the Corps.
(4) Terms.--
(A) In general.--The term of a Director appointed
under this subsection shall be 6 years.
(B) Term limit.--An individual may serve as the
Director for not more than 2 nonconsecutive terms.
(5) Duties.--The Director shall establish a panel of
experts to review each water resources project that is subject
to review under subsection (b).
(d) Establishment of Panels.--
(1) In general.--After the date on which the Secretary
issues a draft feasibility report, draft general reevaluation
report, or draft environmental impact statement relating to a
water resources project that is subject to review under
subsection (b)(2), the Director shall establish a panel of
experts to review the project.
(2) Membership.--A panel of experts established by the
Director for a water resources project shall be composed of not
less than 5 nor more than 9 independent experts (including 1 or
more biologists, engineers, and economists) who represent a
range of areas of expertise.
(3) Limitation on appointments.--The Director shall not
appoint an individual to serve on a panel of experts for a
project if the individual has a financial interest in or close
professional association with any entity with a strong
financial interest in the project.
(4) Consultation.--The Director may consult with the
Academy in developing lists of individuals to serve on panels
of experts under this section.
(5) Compensation.--An individual serving on a panel of
experts under this section shall be compensated at a rate of
pay to be determined by the Inspector General.
(6) Travel expenses.--A member of a panel of experts under
this section shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the panel.
(e) Duties of Panels.--A panel of experts established for a water
resources project under this section shall--
(1) review each draft feasibility report, draft general
reevaluation report, and draft environmental impact statement
prepared for the project to identify--
(A) technical errors;
(B) outdated and inaccurate data; and
(C) flawed economic and environmental methodologies
and models;
(2) receive from the public written and oral comments
concerning the project; and
(3) not later than the deadline established under
subsection (f), submit to the Secretary a report concerning the
economic, engineering, and environmental analysis of the
project, including the conclusions and recommendations of the
panel.
(f) Duration of Project Reviews.--Not later than 180 days after the
date of establishment of a panel of experts for a water resources
project under this section, the panel shall complete each required
review of the project and all other duties of the panel relating to the
project.
(g) Final Issuance of Reports and Statements.--Before issuing a
final feasibility report, final general reevaluation report, or final
environmental impact statement for a water resources project, the
Secretary shall--
(1) take into consideration any recommendations contained
in the report described in subsection (e)(3) for the water
resources project; and
(2) prepare and include in the final feasibility report,
final general reevaluation report, or final environmental
impact statement--
(A) the report of the panel; and
(B) for any recommendations of the panel not
adopted by the Secretary, a written explanation of the
reasons why the recommendations were not adopted.
(h) Costs.--The cost of conducting a review of a water resources
project under this section--
(1) shall not exceed $250,000;
(2) shall be considered to be part of the total cost of the
project; and
(3) shall be a Federal expense.
(i) Applicability of Federal Advisory Committee Act.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to a panel of
experts established under this section.
SEC. 5. MITIGATION.
(a) Concurrent Mitigation.--Section 906(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(a)) is amended--
(1) by striking ``(a)(1) In the case'' and inserting the
following:
``(a) Mitigation.--
``(1) In general.--In the case'';
(2) in paragraph (1), by indenting subparagraphs (A) and
(B) appropriately;
(3) in paragraph (2), by striking ``(2) For the purposes''
and inserting the following:
``(3) Commencement of construction.--For the purposes'';
and
(4) by inserting after paragraph (1) the following:
``(2) Implementation of mitigation.--
``(A) In general.--To ensure concurrent mitigation,
the Secretary shall implement required mitigation under
paragraph (1) as expeditiously as practicable, but not
later than--
``(i) the last day of construction of the
project or separable element of the project; or
``(ii) in a case in which completion of
mitigation by the date described in clause (i)
is physically impracticable because 1 or more sites for the remaining
mitigation are or will be disturbed by project construction (as
determined by the Secretary), not later than the end of the next fiscal
year immediately following the last day of construction.
``(B) Availability of funds.--Funds made available
for preliminary engineering and design, construction,
or operations and maintenance may be used to carry out
this subsection.''.
(b) Full Mitigation.--Section 906(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Plans and proposals.--
``(A) In general.--After November 17, 1986, the
Secretary shall not submit any proposal for the
authorization of any water resources project to
Congress, and shall not choose a project alternative in
any final record of decision, environmental impact
statement, or environmental assessment, unless the
proposal contains--
``(i) a specific plan to fully mitigate
fish and wildlife losses created by the
project; or
``(ii) a determination by the Secretary
that the project will have negligible adverse
impact on fish and wildlife.
``(B) Forests.--A specific mitigation plan
described in subparagraph (A)(i) shall ensure, to the
maximum extent practicable, that impacts to bottomland
hardwood forests are mitigated in kind.
``(C) Consultation.--In carrying out this
subsection, the Secretary shall consult with
appropriate Federal and non-Federal agencies.''; and
(2) by adding at the end the following:
``(3) Standards for mitigation.--
``(A) In general.--The Secretary shall not
recommend a water resources project alternative or
select a project alternative in any final record of
decision, environmental impact statement, or
environmental assessment completed after the date of
enactment of this paragraph unless the Secretary
determines that the mitigation plan has a high
probability of successfully mitigating the adverse
impacts of the project on aquatic and other resources,
hydrologic functions, and fish and wildlife.
``(B) Requirements.--A mitigation plan described in
subparagraph (A) shall--
``(i) provide for the acquisition and
restoration of at least 1 acre of superior or
equivalent habitat of the same type to replace
each acre of habitat negatively affected by the
project;
``(ii) ensure that mitigation will result
in replacement of all functions of the habitat
negatively affected by the project, including--
``(I) spatial distribution; and
``(II) natural hydrologic and
ecological characteristics;
``(iii) contain sufficient detail regarding
the mitigation sites and restoration activities
selected to permit a thorough evaluation of--
``(I) the likelihood of the
ecological success of the plan; and
``(II) resulting aquatic and other
resource functions and habitat values;
``(iv) include a detailed and specific plan
to monitor mitigation implementation and
success; and
``(v) include specific ecological success
criteria by which the success of the mitigation
will be evaluated.''.
(c) Mitigation Tracking System.--Section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283) is amended by adding at the
end the following:
``(h) Mitigation Tracking System.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary shall establish
a recordkeeping system to track for each water resources
project constructed, operated, or maintained by the Secretary,
and for each permit issued under section 404 of the Federal
Water Pollution Control Act (33 U.S.C. 1344)--
``(A) the quantity and type of wetland and other
types of habitat affected by the project or permitted
activity;
``(B) the quantity and type of mitigation required
for the project or permitted activity;
``(C) the quantity and type of mitigation that has
been completed for the project or permitted activity;
and
``(D) the status of monitoring for the mitigation
carried out for the project or permitted activity.
``(2) Required information and organization.--The
recordkeeping system shall--
``(A) include information on impacts and mitigation
described in subsection (a) that occur after December
31, 1969; and
``(B) be organized by watershed, project, permit
application, and zip code.
``(3) Availability of information.--The Secretary shall
make information contained in the recordkeeping system
available to the public (including through the Internet).''.
SEC. 6. MODERN ECONOMIC AND ENVIRONMENTAL STANDARDS.
Section 209 of the Flood Control Act of 1970 (42 U.S.C. 1962-2) is
amended to read as follows:
``SEC. 209. CONGRESSIONAL STATEMENT OF OBJECTIVES.
``(a) In General.--It is the intent of Congress that economic
development and environmental protection and restoration be coequal
goals of water resources planning and development.
``(b) Revision of Principles and Guidelines.--Not later than 1 year
after the date of enactment of the Army Corps Reform Act of 2002, the
Secretary of the Army, in consultation with the National Academy of
Sciences, shall revise the principles and guidelines of the Corps of
Engineers for water resources projects (consisting of Engineer
Regulation 1105-2-100 and Engineer Pamphlet 1165-2-1) to reflect modern
methods of measuring benefits and costs of water resources projects.
``(c) Revision of Guidance.--The Secretary of the Army shall revise
the Guidance for Conducting Civil Works Planning Studies (ER 1105-2-
100) to comply with this section.''. | Corps of Engineers Reform Act of 2002 - Amends the Water Resources Development Act of 1986 with respect to inland waterway projects undertaken by the Army Corps of Engineers to: (1) revise the percentage of project costs to be paid out of general Treasury funds and the Inland Waterways Trust Fund; (2) make the Federal share of most project operation and maintenance costs 100 percent; and (3) specify sources of the Federal share of costs for projects based on the operation and maintenance costs per ton mile.Requires the Secretary of the Army to ensure that each draft feasibility and general reevaluation report and environmental impact statement concerning a navigation project in excess of $30 million for which a review panel of independent experts has been requested is subject to such independent review. Requires the Secretary to appoint a Director of Independent Review who shall appoint independent review panels as appropriate. Prohibits project review costs from exceeding $250,000.Sets forth requirements for project fish and wildlife mitigation concurrently with project construction and as part of project plans and proposals. Prohibits the Secretary from recommending or selecting a project alternative unless its mitigation plan has a high probability of mitigating adverse impacts on aquatic and other resources, hydrologic functions, and fish and wildlife. Requires the Secretary to establish a mitigation tracking system for each project constructed, operated, or maintained by the Secretary and for each permit issued under the Federal Water Pollution Control Act.Expresses the intent of Congress that economic development and environmental protection and restoration to be coequal goals of water resources planning and development. | {"src": "billsum_train", "title": "A bill to reform the United States Army Corps of Engineers."} | 3,631 | 340 | 0.531512 | 1.573347 | 0.858382 | 3.045296 | 11.801394 | 0.905923 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Higher Education and Skills
Obtainment Act''.
SEC. 2. CONSOLIDATION OF EDUCATION TAX INCENTIVES INTO HIGHER EDUCATION
AND SKILLS OBTAINMENT CREDIT.
(a) In General.--Section 25A of the Internal Revenue Code of 1986
(relating to Hope and Lifetime Learning credits) is amended to read as
follows:
``SEC. 25A. HIGHER EDUCATION AND SKILLS OBTAINMENT CREDIT.
``(a) Allowance of Credit.--In the case of any eligible student for
whom an election is in effect under this section for any taxable year,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to the sum of--
``(1) 100 percent of so much of the qualified tuition and
related expenses paid by the taxpayer during the taxable year
(for education furnished to the eligible student during any
academic period beginning in such taxable year) as does not
exceed $2,000, plus
``(2) 25 percent of such expenses so paid as exceeds $2,000
but does not exceed $4,000.
``(b) Limitations.--
``(1) Credit allowed only for 4 taxable years.--The credit
under subsection (a) shall not be allowed for a taxable year
with respect to the qualified tuition and related expenses of
an eligible student if the student has completed (before the
beginning of such taxable year) 4 years of any combination of
postsecondary education at an eligible educational institution
and instruction described in subsection (c)(2)(B).
``(2) Limitation based on household income.--The amount
which would (but for this paragraph) be taken into account
under subsection (a) for the taxable year shall be reduced (but
not below zero) by the amount which bears the same ratio to the
amount which would be so taken into account as the excess (if
any) of--
``(A) the household income of the taxpayer for such
taxable year over 400 percent of the poverty line,
bears to
``(B) the amount equal to 500 percent of the
poverty line minus the amount equal to 400 percent of
the poverty line.
``(c) Definitions.--For purposes of this section--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, any individual who--
``(A) meets the requirements of section 484(a)(1)
of the Higher Education Act of 1965 (20 U.S.C.
1091(a)(1)), as in effect on the date of the enactment
of the Taxpayer Relief Act of 1997, and
``(B) in the case of a student enrolled in a degree
program, is carrying at least \1/2\ the normal full-
time work load for the course of study the student is
pursuing.
``(2) Qualified tuition and related expenses.--The term
`qualified tuition and related expenses' means tuition, fees,
and costs of course materials--
``(A) for education during the taxable year with
respect to the attendance at an eligible educational
institution during any academic period beginning in
such taxable year of--
``(i) the taxpayer,
``(ii) the taxpayer's spouse, or
``(iii) any dependent of the taxpayer with
respect to whom the taxpayer is allowed a
deduction under section 151, and
``(B) for a course of instruction from an eligible
provider to acquire or improve job skills of the
individual during the taxable year (for education
furnished during any academic period beginning in such
taxable year).
``(3) Eligible educational institution.--The term `eligible
educational institution' means an institution--
``(A) which is described in section 481 of the
Higher Education Act of 1965, as in effect on the date
of the enactment of the Taxpayer Relief Act of 1997,
and
``(B) which is eligible to participate in a program
under title IV of the Higher Education Act of 1965.
``(4) Poverty line.--
``(A) In general.--The term `poverty line' has the
meaning given that term in section 2110(c)(5) of the
Social Security Act (42 U.S.C. 1397jj(c)(5)) with
respect to the taxpayer's family of the size involved.
``(B) Poverty line used.--The poverty line used
shall be the most recently published poverty line as of
the 1st day of the regular enrollment period for
coverage during such calendar year.
``(5) Eligible provider.--The term `eligible provider'
means provider of training services (within the meaning of
section 134(d)(4)(D) of the Workforce Investment Act of 1998)
(29 U.S.C. 2864(d)(4)(D)) who is identified in accordance with
section 122(e)(3) of such Act (29 U.S.C. 2842(e)(3)).
``(d) Special Rules.--
``(1) Identification requirements.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to an
eligible student unless the taxpayer includes on the return of
tax for the taxable year--
``(A) the name and social security number of such
student, and
``(B) the employer identification number, name, and
address of any institution or eligible provider to
which tuition, fees, and costs of course materials were
paid with respect to such student.
``(2) Adjustment for certain scholarships.--The expenses
otherwise taken into account under subsection (a) with respect
to an individual for an academic period shall be reduced
(before the application of subsections (a) and (b)) by the sum
of any amounts paid for the benefit of such individual which
are allocable to such period as--
``(A) a qualified scholarship which is excludable
from gross income under section 117,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or under chapter 1606 of title 10, United
States Code,
``(C) a Federal Pell Grant or a Federal
supplemental educational opportunity grant under
subparts 1 and 3, respectively, of part A of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1070a
and 1070b et seq., respectively), and
``(D) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such student's educational expenses, or
attributable to such individual's enrollment at an
eligible educational institution, which is excludable
from gross income under any law of the United States.
``(3) Treatment of expenses paid by dependent.--If a
deduction under section 151 with respect to an individual is
allowed to another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year begins--
``(A) no credit shall be allowed under subsection
(a) to such individual for such individual's taxable
year, and
``(B) amounts paid by such individual during such
individual's taxable year shall be treated for purposes
of this section as paid by such other taxpayer.
``(4) Treatment of certain prepayments.--If tuition, fees,
or costs of course materials are paid by the taxpayer during a
taxable year for an academic period which begins during the
first 3 months following such taxable year, such academic
period shall be treated for purposes of this section as
beginning during such taxable year.
``(5) Denial of double benefit.--No credit shall be allowed
under this section for any expense for which deduction is
allowed under any other provision of this chapter.
``(6) No credit for married individuals filing separate
returns.--If the taxpayer is a married individual (within the
meaning of section 7703), this section shall apply only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(7) Nonresident aliens.--If the taxpayer is a nonresident
alien individual for any portion of the taxable year, this
section shall apply only if such individual is treated as a
resident alien of the United States for purposes of this
chapter by reason of an election under subsection (g) or (h) of
section 6013.
``(8) Supporting information.--No expense shall be taken
into account under this section for a taxable year unless the
taxpayer submits with the return of tax for the taxable year
information supporting such expense.
``(e) Election Not To Have Section Apply.--A taxpayer may elect not
to have this section apply with respect to the expenses of an
individual for any taxable year.
``(f) Verification and Confirmation of Certain Information.--In
carrying out this section, the Secretary shall utilize information from
the Secretary of Education to confirm and verify information relating
to educational institutions and students, including the Integrated
Postsecondary Education Data System and the National Student Loan Data
System.
``(g) Regulations.--The Secretary may prescribe such regulations as
may be necessary or appropriate to carry out this section, including
regulations providing for a recapture of the credit allowed under this
section in cases where there is a refund in a subsequent taxable year
of any expense which was taken into account in determining the amount
of such credit.''.
(b) Repeal of Deduction for Qualified Tuition and Related
Expenses.--
(1) In general.--Part VII of subchapter B of chapter 1 of
such Code (relating to additional itemized deductions for
individuals) is amended by striking section 222.
(2) Clerical amendment.--The table of sections for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(c) Information Returns.--
(1) In general.--Section 6050S(e) of such Code is amended
by striking ``subsection (g)(2)'' and inserting ``subsection
(d)(2)''.
(2) Attendance.--Paragraph (2) of section 6050S(b) of such
Code is amended by redesignating subparagraph (C) as
subparagraph (D) and by inserting after subparagraph (B) the
following new subparagraph:
``(C) the status of the individual for each
academic period of the year for which payments are
received as--
``(i) a full-time or part-time student,
``(ii) if a part-time student, whether the
individual is at least half time, and
``(iii) whether the student is a graduate
student.''.
(d) Omission of Identification Information and Number of Years
Credit Is Claimed Treated as Mathematical or Clerical Error.--
Subparagraph (J) of section 6213(g)(2) of such Code is amended to read
as follows:
``(J) in the case of information required under
section 25A (relating to higher education obtainment
credit)--
``(i) an omission of a correct social
security number and employer identification
number of any institution required to be
included on a return under subsection (d)(1) of
such section, and
``(ii) an entry on the return claiming the
credit in violation of the limitation under
subsection (b)(1) of such return,''.
(e) Conforming Amendments.--
(1) Section 62(a) of such Code is amended by striking
paragraph (18).
(2) Subparagraph (A) of section 86(b)(2) of such Code is
amended by striking ``222,''.
(3) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(4) Subparagraph (A) of section 135(c)(4) of such Code is
amended by striking ``222,''.
(5) Subparagraph (A) of section 137(b)(3) of such Code is
amended by striking ``222,''.
(6) Subparagraph (A) of section 199(d)(2) of such Code is
amended by striking ``222,''.
(7) Clause (ii) of section 219(g)(3)(A) of such Code is
amended by striking ``222,''.
(8) Clause (i) of section 221(b)(2)(C) of such Code is
amended by striking ``222,''.
(9) Clause (iii) of section 469(i)(3)(F) of such Code is
amended by striking ``221, and 222'' and inserting ``and 221''.
(10) Subsection (d) of section 221 of such Code is
amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(d)(2)'', and
(B) by striking ``section 25A(f)(2)'' in the second
sentence of paragraph (2) and inserting ``section
25A(c)(3)''.
(11) Section 221(d)(3) of such Code is amended by striking
``section 25A(b)(3)'' and inserting ``section 25A(c)(3)''.
(12) Subclause (I) of section 529(c)(3)(B)(v) of such Code
is amended by striking ``section 25A(g)(2)'' and inserting
``25A(d)(2)''.
(13) Clause (i) of section 529(e)(3)(B) of such Code is
amended by striking ``section 25A(b)(3)'' and inserting
``section 221(c)(3)''.
(14) Subclause (I) of section 530(d)(2)(C)(i) of such Code
is amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(15) Clause (iii) of section 530(d)(4)(B) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``25A(d)(2)''.
(16) Section 1400O of such Code is amended by adding at the
end the following flush sentence:
``For purposes of this section, any reference to section 25A shall
be treated as a reference to such section as in effect on the day
before the date of the enactment of this sentence.''.
(17) The table of sections for subpart A of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 25A and inserting the following:
``Sec. 25A. Higher education and skills obtainment credit.''.
(f) Sense of Congress.--It is the sense of Congress that any
savings in revenues resulting from the enactment of this section shall
be applied to the currently projected Pell Grant funding shortfall
beginning in 2015 and to deficit reduction.
(g) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2013, for education furnished
in academic periods beginning after such date. | Higher Education and Skills Obtainment Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with a tax credit for full and part-time post-secondary students equal to 100% of qualified tuition and related expenses up to $2,000, plus 25% of such expenses as exceeds $2,000 but not more than $4,000. Reduces the allowable amount of such credit to the extent that household income exceeds 400% of the federal poverty line. Repeals the tax deduction for qualified tuition and related expenses. Expresses the sense of Congress that any revenue saved by the enactment of this Act shall be applied to the currently projected Pell Grant funding shortfall in 2015 and to deficit reduction | {"src": "billsum_train", "title": "Higher Education and Skills Obtainment Act"} | 3,435 | 152 | 0.586652 | 1.581566 | 0.883218 | 3.089552 | 22.298507 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coordinated Environmental Public
Health Network Act of 2009''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXI--COORDINATED ENVIRONMENTAL PUBLIC HEALTH NETWORK
``SEC. 3100. DEFINITIONS.
``In this title:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Coordinated network.--The term `Coordinated Network'
means the Coordinated Environmental Public Health Network
established under section 3101(a).
``(3) Director.--The term `Director' means the Director of
the Centers for Disease Control and Prevention.
``(4) Director of the center.--The term `Director of the
Center' means the Director of the National Center for
Environmental Health at the Centers for Disease Control and
Prevention.
``(5) Medical privacy regulations.--The term `medical
privacy regulations' means the regulations promulgated under
section 264(c) of the Health Insurance Portability and
Accountability Act of 1996.
``(6) Priority chronic conditions and health effects.--The
term `priority chronic conditions and health effects' means the
conditions, as specified by the Secretary, to be tracked in the
Coordinated Network and the State Networks.
``(7) State network.--The term `State Network' means a
State Environmental Public Health Network established under
section 3101(b).
``(8) State.--The term `State' means a State, local
government, territory, or Indian tribe that is eligible to
receive a health tracking grant under section 3101(b).
``SEC. 3101. ESTABLISHMENT OF COORDINATED AND STATE ENVIRONMENTAL
PUBLIC HEALTH NETWORKS.
``(a) Coordinated Environmental Public Health Network.--
``(1) Establishment.--Not later than 36 months after the
date of the enactment of this title, the Secretary, acting
through the Director, in consultation with the Administrator
and the Director of the Center, and with the involvement of
other Federal agencies, and State and local health departments,
shall establish and operate a Coordinated Environmental Public
Health Network. In establishing and operating the Coordinated
Network, the Secretary shall, as practicable--
``(A) identify, build upon, expand, and coordinate
among existing data and surveillance systems, surveys,
registries, and other Federal public health and
environmental infrastructure as practicable,
including--
``(i) the Public Health Information
Network;
``(ii) State birth defects surveillance
systems as supported under section 317C;
``(iii) State cancer registries as
supported under part M of title III;
``(iv) State asthma surveillance systems as
supported under section 317I;
``(v) the National Health and Nutrition
Examination Survey;
``(vi) the Behavioral Risk Factor
Surveillance System;
``(vii) the Hazardous Substance Release/
Health Effects Database;
``(viii) the Hazardous Substances Emergency
Events Surveillance System; and
``(ix) the State vital statistics systems
as supported under section 306;
``(B) provide for public access to an electronic
national database that accepts data from the State
Networks on the incidence and prevalence of priority
chronic conditions and health effects and relevant
environmental and other factors, in a manner which
protects personal privacy consistent with the medical
privacy regulations;
``(C) in order to allow the public to access and
understand information about environmental health at
the Federal, State, and, where practicable, local
level, prepare, publish, make publicly available on the
Web sites of the Centers for Disease Control and
Prevention and the Environmental Protection Agency, and
submit to Congress not later than 2 years after the
date of the enactment of this title, and biennially
thereafter, a Coordinated Network Health and
Environment Report, including--
``(i) identification of gaps in the data of
the Network, including diseases of concern and
environmental exposures not tracked;
``(ii) identification of activities carried
out under this title and key milestones
achieved during the preceding year; and
``(iii) an analysis of the most currently
available incidence, prevalence, and trends of
priority chronic conditions and health effects,
and potentially relevant environmental and
other factors, by State and, as practicable by
local areas, and recommendations regarding high
risk populations, public health concerns,
response and prevention strategies, and
additional tracking needs;
``(D) provide for the establishment of State
Networks, and coordinate the State Networks as provided
for under subsection (b);
``(E) provide technical assistance to support the
State Networks;
``(F) not later than 12 months after the date of
the enactment of this title, develop minimum standards
and procedures for data collection and reporting for
the State Networks, to be updated not less than
annually thereafter; and
``(G) in developing the minimum standards and
procedures under subparagraph (F), include mechanisms
for allowing the States to set priorities, and allocate
resources accordingly.
``(2) Data collection and reporting by state networks.--The
minimum standards and procedures referred to in paragraph
(1)(F) shall include--
``(A) a list and definitions of the priority
chronic conditions and health effects to be tracked
through the State Networks;
``(B) a list and definitions of relevant
environmental exposures of concern to be tracked, to
the extent practicable, through the State Networks,
including--
``(i) hazardous air pollutants (as defined
in section 302(g) of the Clean Air Act);
``(ii) air pollutants for which national
primary ambient air quality standards have been
promulgated under section 109 of the Clean Air
Act;
``(iii) pollutants or contaminants (as
defined in section 101 of the Comprehensive
Environmental Response, Compensation, and
Liability Act of 1980);
``(iv) toxic chemicals (as described in
section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986);
``(v) substances reported under the Toxic
Substances Control Act Inventory Update Rule as
provided for in part 710 of title 40, Code of
Federal Regulations, or successor regulations;
``(vi) pesticides (as defined in section
2(u) of the Federal Insecticide, Fungicide, and
Rodenticide Act); and
``(vii) such other potentially relevant
environmental factors as the Secretary may
specify;
``(C) a list and definitions of potentially
relevant behavioral, socioeconomic, and demographic
factors known to be associated with these priority
chronic conditions and health effects and other risk
factors, such as race, ethnic status, gender, age,
occupation, and primary language, to be tracked through
the State Networks;
``(D) procedures for the complete and timely
collection and reporting of data to the Coordinated
Network by local areas, such as a census tract or other
political subdivision determined appropriate by the
Secretary, in consultation with the Administrator,
regarding the factors described in subparagraphs (A),
(B), and (C);
``(E) procedures for making data available to the
public and researchers, and for reporting to the
Coordinated Network, while protecting the
confidentiality of all personal data reported, in
accordance with medical privacy regulations; and
``(F) standards and procedures for the
establishment, operation, and maintenance of
laboratories conducting biomonitoring, in order to
expand the scope and amount of biomonitoring data
collected by the Centers for Disease Control and
Prevention as described in section 3104.
``(b) State Environmental Public Health Networks.--
``(1) Grants.--Not later than 12 months after the date of
the enactment of this title, the Secretary, acting through the
Director, in consultation with the Administrator and the
Director of the Center shall award grants to States for the
establishment, maintenance, and operation of State Networks in
accordance with the minimum standards and procedures
established by the Secretary under subsection (a)(1)(F).
``(2) Specialized assistance.--The Coordinated Network
shall provide specialized assistance to grantees in the
establishment, maintenance, and operation of State Networks.
``(3) Requirements.--A State receiving a grant under this
subsection shall use the grant--
``(A) to establish an environmental public health
network that will provide--
``(i) for the tracking of the incidence,
prevalence, and trends of priority chronic
conditions and health effects, as well as any
additional priority chronic conditions and
health effects and potentially related
environmental exposures of concern to that
State;
``(ii) for identification of priority
chronic conditions and health effects and
potentially relevant environmental and other
factors that disproportionately impact low
income and minority communities;
``(iii) for the protection of the
confidentiality of all personal data reported,
in accordance with the medical privacy
regulations;
``(iv) a means by which confidential data
may, in accordance with Federal and State law,
be disclosed to researchers for the purposes of
public health research;
``(v) the fullest possible public access to
data collected by the State Network or through
the Coordinated Network, while ensuring that
individual privacy is protected in accordance
with subsection (a)(1)(B); and
``(vi) for the collection of exposure data
through biomonitoring and other methods, which
may include the entering into of cooperative
agreements as described in section 3104;
``(B) to develop a publicly available plan for
establishing the State Network in order to meet minimum
standards and procedures as developed by the Secretary
under subsection (a)(1)(F);
``(C) to appoint a lead public health department or
agency that will be responsible for the development,
operation, and maintenance of the State Network, and
ensure the appropriate coordination among State and
local agencies, including environmental agencies,
regarding the development, operation, and maintenance
of the State Network; and
``(D) to recruit and train public health officials
to continue to expand the State Network.
``(4) Limitation.--A State that receives a grant under this
section may not use more than 10 percent of the funds made
available through the grant for administrative costs.
``(5) Application.--To seek a grant under this section, a
State shall submit to the Secretary an application at such
time, in such form and manner, and accompanied by such
information as the Secretary may specify.
``(c) Pilot Projects.--
``(1) In general.--A State may apply for a grant under this
subsection to implement a pilot project that is approved by the
Secretary, acting through the Director and in consultation with
the Administrator, and the Director of the Center.
``(2) Activities.--A State shall use amounts received under
a grant under this subsection to carry out a pilot project
designed to develop State Network enhancements and to develop
programs to address specific local and regional concerns.
``(3) Results.--The Secretary may consider the results of
the pilot projects under this subsection for inclusion into the
Coordinated Network.
``(d) Privacy.--In establishing and operating the Coordinated
Network under subsection (a), and in making grants under subsections
(b) and (c), the Secretary shall ensure the protection of privacy of
individually identifiable health information, including ensuring
protection consistent with the regulations promulgated under section
264(c) of the Health Insurance Portability and Accountability Act of
1996.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2010 through 2014.
``SEC. 3102. INCREASING PUBLIC HEALTH PERSONNEL CAPACITY.
``(a) In General.--Beginning in fiscal year 2010, the Secretary,
acting through the Director, shall enter into a cooperative agreement
with the Council of State and Territorial Epidemiologists to train and
place, in State and local health departments, applied epidemiology
fellows to enhance State and local public health capacity in the areas
of environmental health, chronic and other noninfectious diseases and
conditions, and public health surveillance.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2010 through 2014.
``SEC. 3103. GENERAL PROVISIONS.
``(a) Integration of Environmental Health Tracking Programs.--The
Secretary shall integrate the enactment of this title with all
environmental health tracking programs funded prior to the date of the
enactment of this title, including by integrating the programs, in
existence on the date of the enactment of this title, to develop State
Network enhancements and to develop programs to address specific local
and regional concerns.
``(b) Coordination With Agency for Toxic Substances and Disease
Registry.--In carrying out this title, the Secretary, acting through
the Director, shall coordinate activities and responses with the Agency
for Toxic Substances and Disease Registry.
``SEC. 3104. EXPANSION OF BIOMONITORING CAPABILITIES AND DATA
COLLECTION.
``(a) Purpose.--It is the purpose of this section to expand the
scope and amount of biomonitoring data collected and analyzed by the
Centers for Disease Control and Prevention, State laboratories, and
consortia of State laboratories, in order to obtain robust information,
including information by geographically defined areas and
subpopulations, about a range of environmental exposures.
``(b) In General.--In meeting the purpose of this section, the
Secretary shall ensure that biomonitoring data are collected
intramurally through appropriate sources, including the National Health
and Nutrition Examination Survey, and extramurally shall enter into
collaboration or partnerships with other entities to obtain additional
information regarding vulnerable subpopulations or other
subpopulations.
``(c) Cooperative Agreements.--
``(1) In general.--The Secretary, acting through the
Director, shall enter into cooperative agreements with States
or consortia of States to support the purposes of this title.
``(2) Applications.--Applications for such cooperative
agreements by consortia of States shall address the manner in
which such States will coordinate activities with other States
in the region, and shall designate a lead State for
administrative purposes.
``(3) Training and quality assurance.--The Secretary,
acting through the Director, shall through the cooperative
agreements with States or a consortia of States provide
laboratory training and quality assurance.
``(d) Privacy.--In carrying out this section, the Secretary shall
ensure the protection of privacy of individually identifiable health
information, including ensuring protection consistent with the
regulations promulgated under section 264(c) of the Health Insurance
Portability and Accountability Act of 1996.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2010 through 2014.''. | Coordinated Environmental Public Health Network Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) establish and operate a Coordinated Environmental Public Health Network to provide for public access to an electronic national database on the incidence and prevalence of priority chronic conditions and health effects and relevant environmental and other factors; (2) award grants to states for the establishment, maintenance, and operation of state networks; (3) enter into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place applied epidemiology fellows in state and local health departments to enhance public health capacity in the areas of environmental health, chronic and other noninfectious diseases and conditions, and public health surveillance; and (4) enter into cooperative agreements with states or consortia of states to expand the scope and amount of biomonitoring data collected and analyzed by the CDC, state laboratories, and consortia of state laboratories in order to obtain robust information about a range of environmental exposures.
Requires the Secretary to integrate the enactment of this Act with all funded environmental health tracking programs. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish a Coordinated Environmental Public Health Network."} | 3,371 | 261 | 0.574522 | 1.661873 | 0.855874 | 5.313043 | 13.495652 | 0.965217 |
SECTION 1. DEVELOPMENT OF BEST PRACTICES FOR THE USE OF PRESCRIPTION
OPIOIDS.
(a) Definitions.--In this section--
(1) the term ``Secretary'' means the Secretary of Health
and Human Services; and
(2) the term ``task force'' means the Pain Management Best
Practices Inter-Agency Task Force convened under subsection
(b).
(b) Inter-Agency Task Force.--Not later than December 14, 2018, the
Secretary, in cooperation with the Secretary of Veterans Affairs, the
Secretary of Defense, and the Administrator of the Drug Enforcement
Administration, shall convene a Pain Management Best Practices Inter-
Agency Task Force to review, modify, and update, as appropriate, best
practices for pain management (including chronic and acute pain) and
prescribing pain medication.
(c) Membership.--The task force shall be comprised of--
(1) representatives of--
(A) the Department of Health and Human Services;
(B) the Department of Veterans Affairs;
(C) the Food and Drug Administration;
(D) the Department of Defense;
(E) the Drug Enforcement Administration;
(F) the Centers for Disease Control and Prevention;
(G) the Health Resources and Services
Administration;
(H) the Indian Health Service;
(I) the National Academy of Medicine;
(J) the National Institutes of Health;
(K) the Office of National Drug Control Policy;
(L) the Substance Abuse and Mental Health Services
Administration; and
(M) the Office of Women's Health;
(2) State medical boards;
(3) subject to subsection (e), physicians, dentists, and
nonphysician prescribers;
(4) hospitals;
(5) subject to subsection (e), pharmacists and pharmacies;
(6) first responders;
(7) experts in the fields of pain research and addiction
research;
(8) experts in the fields of adolescent and young adult
addiction research;
(9) representatives of--
(A) pain management professional organizations;
(B) the mental health treatment community;
(C) the addiction treatment and recovery community;
(D) pain advocacy groups;
(E) veteran service organizations; and
(F) groups with expertise on overdose reversal;
(10) a person in recovery from addiction to medication for
chronic pain;
(11) a person in recovery from addiction to medication for
chronic pain, whose addiction began in adolescence or young
adulthood;
(12) a person with chronic pain;
(13) an expert on active duty military, armed forces
personnel, and veteran health and prescription opioid
addiction;
(14) an expert in the field of minority health; and
(15) other stakeholders, as the Secretary determines
appropriate.
(d) Condition on Participation on Task Force.--An individual
representing a profession or entity described in paragraph (3) or (5)
of subsection (c) may not serve as a member of the task force unless
such individual--
(1) is currently licensed in a State in which such
individual is practicing (as defined by such State) such
profession (or, in the case of an individual representing an
entity, a State in which the entity is engaged in business);
and
(2) is currently practicing (as defined by such State) such
profession (or, in the case of an individual representing an
entity, the entity is in operation).
(e) Duties.--The task force shall--
(1) not later than 180 days after the date on which the
task force is convened under subsection (b), review, modify,
and update, as appropriate, best practices for pain management
(including chronic and acute pain) and prescribing pain
medication, taking into consideration--
(A) existing pain management research;
(B) research on trends in areas and communities in
which the prescription opioid abuse rate and fatality
rate exceed the national average prescription opioid
abuse rate and fatality rate;
(C) recommendations from relevant conferences and
existing relevant evidence-based guidelines;
(D) ongoing efforts at the State and local levels
and by medical professional organizations to develop
improved pain management strategies, including
consideration of differences within and between classes
of opioids, the availability of opioids with abuse
deterrent technology, and pharmacological,
nonpharmacological, medical device alternatives to
opioids to reduce opioid monotherapy in appropriate
cases and the coordination of information collected
from State prescription drug monitoring programs for
the purpose of preventing the diversion of pain
medication;
(E) ongoing efforts at the Federal, State, and
local levels to examine the potential benefits of
electronic prescribing of opioids, including any public
comments collected in the course of those efforts;
(F) the management of high-risk populations, other
than populations who suffer pain, who--
(i) may use or be prescribed
benzodiazepines, alcohol, and diverted opioids;
or
(ii) receive opioids in the course of
medical care;
(G) the distinct needs of adolescents and young
adults with respect to pain management, pain
medication, substance use disorder, and medication-
assisted treatment;
(H) the 2016 Guideline for Prescribing Opioids for
Chronic Pain issued by the Centers for Disease Control
and Prevention;
(I) the practice of co-prescribing naloxone for
both pain patients receiving chronic opioid therapy and
patients being treated for opioid use disorders;
(J) research that has been, or is being, conducted
or supported by the Federal Government on prevention
of, treatment for, and recovery from substance use by
and substance use disorders among adolescents and young
adults relative to any unique circumstances (including
social and biological circumstances) of adolescents and
young adults that may make adolescent-specific and
young adult-specific treatment protocols necessary,
including any effects that substance use and substance
use disorders may have on brain development and the
implications for treatment and recovery;
(K) Federal non-research programs and activities
that address prevention of, treatment for, and recovery
from substance use by and substance use disorders among
adolescents and young adults, including an assessment
of the effectiveness of such programs and activities
in--
(i) preventing substance use by and
substance use disorders among adolescents and
young adults;
(ii) treating such adolescents and young
adults in a way that accounts for any unique
circumstances faced by adolescents and young
adults; and
(iii) supporting long-term recovery among
adolescents and young adults; and
(L) gaps that have been identified by Federal
officials and experts in Federal efforts relating to
prevention of, treatment for, and recovery from
substance use by and substance use disorders among
adolescents and young adults, including gaps in
research, data collection, and measures to evaluate the
effectiveness of Federal efforts, and the reasons for
such gaps;
(2) solicit and take into consideration public comment on
the practices developed under paragraph (1), amending such best
practices if appropriate;
(3) develop a strategy for disseminating information about
the best practices developed under paragraphs (1) and (2) to
prescribers, pharmacists, State medical boards, educational
institutions that educate prescribers and pharmacists, and
other parties, as the Secretary determines appropriate;
(4) review, modify, and update best practices for pain
management and prescribing pain medication, specifically as it
pertains to physician education and consumer education; and
(5) examine and identify--
(A) the extent of the need for the development of
new pharmacological, nonpharmacological, and medical
device alternatives to opioids;
(B) the current status of research efforts to
develop such alternatives; and
(C) the pharmacological, nonpharmacological, and
medical device alternatives to opioids that are
currently available that could be better utilized.
(f) Consideration of Study Results.--In reviewing, modifying, and
updating, best practices for pain management and prescribing pain
medication, the task force shall take into consideration existing
private sector, State, and local government efforts related to pain
management and prescribing pain medication.
(g) Limitation.--The task force shall not have rulemaking
authority.
(h) Report.--Not later than 270 days after the date on which the
task force is convened under subsection (b), the task force shall
submit to Congress a report that includes--
(1) the strategy for disseminating best practices for pain
management (including chronic and acute pain) and prescribing
pain medication, as developed under subsection (e);
(2) the results of a feasibility study on linking the best
practices described in paragraph (1) to receiving and renewing
registrations under section 303(f) of the Controlled Substances
Act (21 U.S.C. 823(f));
(3) recommendations for effectively applying the best
practices described in paragraph (1) to improve prescribing
practices at medical facilities, including medical facilities
of the Veterans Health Administration and Indian Health
Service;
(4) the modified and updated best practices described in
subsection (e)(4); and
(5) the results of the examination and identification
conducted pursuant to subsection (e)(4), and recommendations
regarding--
(A) the development of new pharmacological,
nonpharmacological, and medical device alternatives to
opioids; and
(B) the improved utilization of pharmacological,
nonpharmacological, and medical device alternatives to
opioids that are currently available.
Passed the House of Representatives May 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (Sec. 1) This bill requires the Department of Health and Human Services to convene a Pain Management Best Practices Inter-Agency Task Force to: (1) review, modify, and update best practices for pain management and prescribing pain medication; and (2) examine and identify the need for, development of, and availability of medical alternatives to opioids (drugs with effects similar to opium, such as certain pain medications). The task force must submit a report that includes: (1) the modified and updated best practices; (2) a strategy for disseminating the best practices; (3) the feasibility of linking the best practices to Drug Enforcement Administration registration of manufacturers, distributors, and dispensers of controlled substances; (4) recommendations for effectively applying the best practices at medical facilities; and (5) recommendations regarding medical alternatives to opioids. | {"src": "billsum_train", "title": "To provide for the establishment of an inter-agency task force to review, modify, and update best practices for pain management and prescribing pain medication, and for other purposes."} | 1,980 | 175 | 0.630205 | 1.814401 | 0.991805 | 3.26506 | 11.825301 | 0.903614 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tested Ability to Leverage
Exceptional National Talent Act of 2016'' or the ``TALENT Act of
2016''.
SEC. 2. PRESIDENTIAL INNOVATION FELLOWS PROGRAM.
(a) In General.--Chapter 31 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER V--PRESIDENTIAL INNOVATION FELLOWS PROGRAM
``Sec. 3171. Presidential Innovation Fellows Program
``(a) Policy.--It is in the national interest for the Government to
attract the brightest minds skilled in technology or innovative
practices to serve in the Government to work on some of the Nation's
biggest and most pressing challenges. This subchapter establishes a
program to encourage successful entrepreneurs, executives, and
innovators to join the Government and work in close cooperation with
Government leaders, to create meaningful solutions that can help save
lives and taxpayer money, fuel job creation, and significantly improve
how the Government serves the American people.
``(b) Establishment.--The Administrator of General Services shall
continue the Presidential Innovation Fellows Program (hereinafter
referred to as the `Program') to enable exceptional individuals with
proven track records to serve time-limited appointments in Executive
agencies to address some of the Nation's most significant challenges
and improve existing Government efforts that would particularly benefit
from expertise using innovative techniques and technology.
``(c) Administration.--The Program shall be administered by a
Director, appointed by the Administrator under authorities of the
General Services Administration. The Administrator shall provide
necessary staff, resources and administrative support for the Program.
``(d) Appointment of Fellows.--The Director shall appoint fellows
pursuant to the Program and, in cooperation with Executive agencies,
shall facilitate placement of fellows to participate in projects that
have the potential for significant positive effects and are consistent
with the President's goals.
``(e) Application Process.--
``(1) In general.--The Director shall prescribe the process
for applications and nominations of individuals to the Program.
``(2) Program standards.--Following publication of these
processes, the Director may accept for consideration
applications from individuals. The Director shall establish,
administer, review, and revise, if appropriate, a
Governmentwide cap on the number of fellows. The Director shall
establish and publish salary ranges, benefits, and standards
for the Program.
``(f) Selection, Appointment, and Assignment of Fellows.--
``(1) Procedures.--The Director shall prescribe appropriate
procedures for the selection, appointment, and assignment of
fellows.
``(2) Consultation.--Prior to the selection of fellows, the
Director shall consult with the heads of Executive agencies
regarding potential projects and how best to meet those needs.
Following such consultation, the Director shall select and
appoint individuals to serve as fellows.
``(3) Time limitation.--Fellows selected for the Program
shall serve under short-term, time-limited appointments. Such
fellows shall be appointed for no less than 6 months and no
longer than 2 years in the Program. The Director shall
facilitate the process of placing fellows at requesting
Executive agencies.
``(g) Responsibilities of Agencies.--Each Executive agency shall
work with the Director and the Presidential Innovation Fellows Program
advisory board established under section 3172 to attempt to maximize
the Program's benefits to the agency and the Government, including by
identifying initiatives that have a meaningful effect on the people
served and that benefit from involvement by one or more fellows. Such
agencies shall ensure that each fellow works closely with responsible
senior officials for the duration of the assignment.
``Sec. 3172. Presidential Innovation Fellows Program advisory board
``(a) In General.--The Administrator of General Services shall
continue an advisory board to advise the Director of the Presidential
Innovation Fellows Program by recommending such priorities and
standards as may be beneficial to fulfill the mission of the
Presidential Innovation Fellows Program and assist in identifying
potential projects and placements for fellows. The advisory board may
not participate in the selection process under section 3171(f).
``(b) Chair; Membership.--The Administrator shall designate a
representative to serve as the Chair of the advisory board. In addition
to the Chair, the membership of the advisory board shall include--
``(1) the Deputy Director for Management of the Office of
Management and Budget;
``(2) the Director of the Office of Personnel Management;
``(3) the Administrator of the Office of Electronic
Government of the Office of Management and Budget;
``(4) the Assistant to the President and Chief Technology
Officer; and
``(5) other individuals as may be designated by the
Administrator.
``(c) Consultation.--The advisory board may consult with industry,
academia, or nonprofits to ensure the Presidential Innovation Fellows
Program is continually identifying opportunities to apply advanced
skillsets and innovative practices in effective ways to address the
Nation's most significant challenges.''.
(b) Clerical Amendment.--The table of sections for chapter 31 of
title 5, United States Code, is amended by adding at the end the
following:
``subchapter v--presidential innovation fellows program
``3171. Presidential Innovation Fellows Program.
``3172. Presidential Innovation Fellows Program advisory board.''.
(c) Transition.--The Presidential Innovation Fellows Program
established pursuant to Executive Order 13704 (5 U.S.C. 3301 note) as
in existence on the day before the date of enactment of this Act shall
be considered the Presidential Innovation Fellows Program described
under this section.
(d) No Additional Funds Authorized.--No additional funds are
authorized to be appropriated to carry out this Act or the amendments
made by this Act. This Act and the amendments made by this Act shall be
carried out using amounts otherwise authorized.
Passed the House of Representatives July 12, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Tested Ability to Leverage Exceptional National Talent Act of 2016 or the TALENT Act of 2016 (Sec. 2) This bill codifies provisions establishing the Presidential Innovation Fellows Program (originally established pursuant to Executive Order 13704) to encourage successful entrepreneurs, executives, and innovators to join the government and work in close cooperation with government leaders to create meaningful solutions that can help save lives and taxpayer money, fuel job creation, and significantly improve how the government serves the American people. The General Services Administration (GSA) shall continue the program in order to enable exceptional individuals with proven track records to serve time-limited appointments in executive agencies to address some of the nation's most significant challenges and improve existing government efforts that would particularly benefit from expertise using innovative techniques and technology. The program shall be administered by a Director, who shall appoint program fellows and facilitate their placement to participate in projects that have the potential for significant positive effects and that are consistent with the President's goals. The GSA shall continue an advisory board to recommend priorities and standards for fulfilling the program's mission and to assist in identifying potential projects and placements for fellows. | {"src": "billsum_train", "title": "TALENT Act of 2016"} | 1,328 | 248 | 0.736291 | 2.432552 | 0.87112 | 5.972727 | 5.468182 | 0.936364 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jean Lafitte National Historical
Park and Preserve Boundary Adjustment Act of 2007''.
SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY
ADJUSTMENT.
(a) In General.--Section 901 of the National Parks and Recreation
Act of 1978 (16 U.S.C. 230) is amended in the second sentence by
striking ``of approximately twenty thousand acres generally depicted on
the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical
Park and Preserve' numbered 90,000B and dated April 1978,'' and
inserting ``generally depicted on the map entitled `Boundary Map,
Barataria Preserve Unit, Jean Lafitte National Historical Park and
Preserve', numbered _____, and dated ________,''.
(b) Acquisition of Land.--Section 902 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230a) is amended--
(1) in subsection (a)--
(A) by striking ``(a) Within the'' and all that
follows through the first sentence and inserting the
following:
``(a) In General.--
``(1) Barataria preserve unit.--
``(A) In general.--The Secretary may acquire any
land, water, and interests in land and water within the
area, as depicted on the map described in section 901,
by donation, purchase with donated or appropriated
funds, transfer from any other Federal agency, or
exchange.
``(B) Limitations.--
``(i) In general.--Any private land located
in the area, as depicted on the map described
in section 901, may be acquired by the
Secretary only with the consent of the owner of
the land.
``(ii) Boundary adjustment.--On the date on
which the Secretary, under subparagraph (A),
completes the acquisition of a parcel of
private land located in the area, as depicted
on the map described in section 901, the
boundary of the historical park and preserve
shall be adjusted to reflect the acquisition.
``(iii) Jurisdiction of national park
service.--Any Federal land acquired in the
areas shall be transferred without
consideration to the administrative
jurisdiction of the National Park Service.
``(iv) Easements.--To ensure adequate
hurricane protection of communities located in
the area, any land in the area identified on
the map that is acquired or transferred shall
be subject to any easements that have been
agreed to by the Secretary and the Secretary of
the Army.'';
(B) in the second sentence, by striking ``The
Secretary may also'' and inserting the following:
``(2) French quarter.--The Secretary may'';
(C) in the third sentence, by striking ``Lands,
waters, and interests therein'' and inserting the
following:
``(3) Acquisition of state land.--Land, water, and
interests in land and water''; and
(D) in the fourth sentence, by striking ``In
acquiring'' and inserting the following:
``(4) Acquisition of oil and gas rights.--In acquiring'';
(2) by striking subsections (b) through (f) and inserting
the following:
``(b) Resource Protection.--With respect to the land, water, and
interests in land and water of the Barataria Preserve Unit, the
Secretary shall preserve and protect--
``(1) fresh water drainage patterns;
``(2) vegetative cover;
``(3) the integrity of ecological and biological systems;
and
``(4) water and air quality.''; and
(3) by redesignating subsection (g) as subsection (c).
(c) Hunting, Fishing, and Trapping.--Section 905 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the
first sentence by striking ``, except that within the core area and on
those lands acquired by the Secretary pursuant to section 902(c) of
this title, he'' and inserting ``on land, and interests in land and
water managed by the Secretary, except that the Secretary''.
(d) Administration.--Section 906 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230e) is amended--
(1) by striking the first sentence; and
(2) in the second sentence, by striking ``Pending such
establishment and thereafter the'' and inserting ``The''.
SEC. 3. REFERENCES IN LAW.
(a) In General.--Any reference in a law (including regulations),
map, document, paper, or other record of the United States--
(1) to the Barataria Marsh Unit shall be considered to be a
reference to the Barataria Preserve Unit; or
(2) to the Jean Lafitte National Historical Park shall be
considered to be a reference to the Jean Lafitte National
Historical Park and Preserve.
(b) Conforming Amendments.--Title IX of the National Parks and
Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended--
(1) by striking ``Barataria Marsh Unit'' each place it
appears and inserting ``Barataria Preserve Unit''; and
(2) by striking ``Jean Lafitte National Historical Park''
each place it appears and inserting ``Jean Lafitte National
Historical Park and Preserve''. | Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2007 - Amends the National Parks and Recreation Act of 1978 to adjust the boundary of the the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in Louisiana and to acquire land necessary for the adjustment by transfer or exchange from a federal agency or, from a land owner, by donation or purchase (but only with an owner's consent).
Subjects any acquired or transferred land in the area to any easements that have been agreed to by the Secretary and the Secretary of the Army in order to ensure adequate hurricane protection of the communities located in the area.
Revises provisions concerning hunting, fishing, and trapping. | {"src": "billsum_train", "title": "To adjust the boundary of the Barataria Preserve Unit of the Jean Lafitte National Historical Park and Preserve in the State of Louisiana, and for other purposes."} | 1,269 | 160 | 0.641356 | 1.841137 | 0.740598 | 3.330827 | 8.24812 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Prevention Act of
2017''.
SEC. 2. 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. 3. 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 shall 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.--(1) 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.
``(2) In this subsection, the terms `Native American' and `tribal
organization' have the meanings given such terms in section 3765 of
this title.
``(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 and
foreclosure proceedings.
``(2) Legal services related to family law, including
assistance in court proceedings for family reunification, 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.
``(5) Such other legal services as the Secretary considers
appropriate and necessary.
``(d) Consultation.--In developing and carrying out partnerships
under this section, the Secretary shall, to the extent practicable,
consult with public and private entities--
``(1) for assistance in identifying and contacting
organizations described in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that have
entered into partnerships under this section to submit to the Secretary
periodic reports on legal services provided to homeless veterans and
veterans at risk of homelessness pursuant to such partnerships.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding after the item relating
to section 2022 the following new item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans
at risk of homelessness.''.
SEC. 4. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO
PROVIDE DENTAL CARE TO HOMELESS VETERANS.
Subsection (b) of section 2062 of title 38, United States Code, is
amended to read as follows:
``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran
who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
``(i) assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of
this title.
``(II) A therapeutic residence under
section 2032 of this title.
``(III) Community residential care
coordinated by the Secretary under section 1730
of this title.
``(IV) A setting for which the Secretary
provides funds for a grant and per diem
provider.
``(2) For purposes of paragraph (1), in determining whether a
veteran has received assistance or care for a period of 60 consecutive
days, the Secretary may disregard breaks in the continuity of
assistance or care for which the veteran is not responsible.''.
SEC. 5. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL
AND COUNSELING SERVICES FOR VETERANS AT RISK FOR
HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 6. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE
SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN
PERMANENT HOUSING.
(a) In General.--Paragraph (1) of section 2044(e) of title 38,
United States Code, is amended--
(1) in subparagraph (E), by striking ``2017'' and inserting
``2016''; and
(2) by adding at the end the following new subparagraph
(F):
``(F) $500,000,000 for fiscal year 2017.''.
(b) Training Entities for Provision of Supportive Services.--
Paragraph (3) of such section is amended by inserting ``and 2017''
after ``through 2012''.
SEC. 7. REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF
VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete a study of programs of the Department of Veterans
Affairs that provide assistance to homeless veterans.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of whether programs described in
subsection (a) are meeting the needs of veterans who are
eligible for assistance provided by such programs.
(2) A review of recent efforts of the Secretary of Veterans
Affairs to improve the privacy, safety, and security of female
veterans receiving assistance from such programs.
SEC. 8. 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. | Homeless Veterans Prevention Act of 2017 This bill provides that the services for which a recipient of a grant under the Department of Veterans Affairs (VA) comprehensive service program for homeless veterans may receive per diem payments may include furnishing care for a dependent under the care of a veteran who is receiving services. The VA shall enter into partnerships with public or private entities to fund a portion of the legal services such entities provide to homeless veterans and veterans at risk of homelessness related to housing, family law, income support, and criminal defense. The bill: (1) expands VA dental care authority authority to include those veterans receiving assistance under the United States Housing Act of 1937, (2) repeals the September 30, 2013, sunset on the authority of the VA and the Department 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, and (3) extends supportive services assistance for very low-income veteran families in permanent housing. The Government Accountability Office shall complete a study of VA assistance to homeless veterans. The requirement that the VA report annually on its assistance programs for homeless veterans is eliminated. | {"src": "billsum_train", "title": "Homeless Veterans Prevention Act of 2017"} | 1,735 | 240 | 0.641835 | 1.94439 | 0.811732 | 3.319149 | 6.404255 | 0.868085 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Obamacare Kickbacks Act of
2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Section 6402(f) of the Patient Protection and
Affordable Care Act (Public Law 111-148) applies the civil
penalties and damages for violations of the False Claims Act to
kickbacks and other acts involving Federal health care programs
that are subject to criminal penalties under section 1128B of
the Social Security Act (42 U.S.C. 1320a-7b).
(2) In guidance issued on November 4, 2013, by the Center
for Consumer Information & Insurance Oversight (CCIIO) of the
Centers for Medicare & Medicaid Services, the CCIIO stated that
the ``Department of Health and Human Services (HHS) has broad
authority to regulate the Federal and State Marketplaces (e.g.
section 1321(a) of the Affordable Care Act)''. The November 4th
statement from the CCIIO suggests that qualified health plans
and other health care plans and programs established under
title I of the Patient Protection and Affordable Care Act are
similar to other Federal health care programs, such as the
Medicare Advantage program, over which the Secretary of Health
and Human Services also has broad regulatory authority.
(3) The private health insurance issuers who offer
qualified health plans through marketplaces established under
the Patient Protection and Affordable Care Act and the private
health insurance issuers that offer Medicare Advantage plans
under the Medicare program both receive Federal dollars
directly from the Federal Government, with the issuers of
qualified health plans receiving Federal dollars through tax
credit subsidies and the issuers of Medicare Advantage plans
receiving payments from the Medicare Trust Funds.
(4) The Federal Government facilitates applications for and
enrollment in qualified health plans through the federally-
facilitated marketplaces and State exchanges in a similar
manner to the way the Federal Government facilitates
applications for and enrollment in plans under the Medicare
Advantage program and the Voluntary Prescription Drug Benefit
Program through federally funded call centers, web portals, and
consumer assistance personnel.
(5) The Medicare Advantage program is a Federal health care
program to which the anti-kickback provisions of section
1128B(b) of the Social Security Act and other prohibited acts
involving Federal health care programs are subject to civil and
criminal penalties under the Social Security Act as well as
civil penalties under the False Claims Act.
SEC. 3. CLARIFICATION OF APPLICATION OF ANTI-KICKBACK LAWS TO QUALIFIED
HEALTH PLANS, MARKETPLACES, AND OTHER PLANS AND PROGRAMS
UNDER PPACA.
(a) In General.--Section 1128B(f)(1) of the Social Security Act (42
U.S.C. 1320a-7b(f)(1)) is amended by inserting before the semicolon the
following: ``, including any plan or program established or funded
under subtitle D or E (or the amendments made by such subtitles) of
title I of the Patient Protection and Affordable Care Act (including
the federally-facilitated marketplaces and State Exchanges, patient
navigators, and related programs established by such Act, as well as
any contract with an individual or entity hired by the Federal
Government to facilitate enrollment in the federally-facilitated
marketplaces)''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Patient Protection
and Affordable Care Act.
SEC. 4. HHS OIG AND GAO JOINT STUDY AND REPORT.
(a) Study.--The Inspector General of the Department of Health and
Human Services and the Comptroller General of the United States shall
jointly conduct a study regarding the effect of applying the anti-
kickback laws and other prohibited acts involving Federal health care
programs to qualified health plans, federally-facilitated marketplaces
and State Exchanges, and any other plan or program established or
funded under subtitle D or E (or the amendments made by such subtitles)
of title I of the Patient Protection and Affordable Care Act. In
conducting the study, the Inspector General and Comptroller General
shall--
(1) identify all plans and programs that satisfy the
definition of ``Federal health care program'' under section
1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f)) (as
amended by section 3(a));
(2) identify any entity or individual that would benefit
from having qualified health plans, federally-facilitated
marketplaces, and any other plan or program established or
funded under subtitle D or E (or the amendments made by such
subtitles) of title I of the Patient Protection and Affordable
Care Act excluded from the definition of ``Federal health care
program'' under section 1128B(f) of the Social Security Act (as
so amended); and
(3) separately estimate with respect to each of the
following, the impact of excluding qualified health plans,
federally-facilitated marketplaces and State Exchanges, and any
other plan or program established or funded under subtitle D or
E (or the amendments made by such subtitles) of title I of the
Patient Protection and Affordable Care Act from the definition
of ``Federal health care program'' under section 1128B(f) of
the Social Security Act (as so amended):
(A) Health care premiums (with and without non-
federally funded subsidies).
(B) Consumer choice in health insurance coverage.
(C) The use of brand name versus generic drugs.
(D) The net cost of the Patient Protection and
Affordable Care Act to the Federal Government and to
all States and territories.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Inspector General of the Department of Health and Human
Services and the Comptroller General of the United States shall jointly
submit a report to Congress on the results of the study conducted under
subsection (a) that includes the information specified in paragraphs
(1) through (3) of that subsection, together with such recommendations
for legislative or administrative action as the Inspector General and
Comptroller General determine appropriate. | No Obamacare Kickbacks Act of 2013 - Amends title XI of the Social Security Act, with respect to criminal penalties for acts involving federal health care programs, to include any plan or program established or funded under subtitles D (Available Coverage Choices for All Americans) or E (Affordable Coverage Choices for All Americans) of title I of the Patient Protection and Affordable Care Act. Directs the Inspector General of the Department of Health and Human Services (HHS) and the Comptroller General (GAO) to jointly study, and report to Congress on, the effect of applying the anti-kickback laws and other prohibitions involving federal health care programs to qualified health plans, federally-facilitated marketplaces, state health care exchanges, and any other plan or program established or funded under the provisions described above. | {"src": "billsum_train", "title": "No Obamacare Kickbacks Act of 2013"} | 1,339 | 184 | 0.559149 | 1.654142 | 0.713221 | 4.64 | 8.026667 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``TARP Repayment and Termination Act
of 2009''.
SEC. 2. ADDITIONAL REPAYMENT PROCEDURES.
(a) In General.--Title I of the Emergency Economic Stabilization
Act of 2008 (12 U.S.C. 5201 et seq.) is amended by adding at the end
the following new section:
``SEC. 137. ADDITIONAL REPAYMENT PROCEDURES.
``(a) Right of Repayment for Well Capitalized Institutions.--Any
financial institution that has received or receives assistance under
this title shall have the right to immediately repay all of such
assistance, and the Secretary shall unconditionally accept such a
payment, if--
``(1) with respect to an insured depository institution,
the appropriate Federal banking agency determines that such
financial institution will be well capitalized after the
repayment of all of such assistance; and
``(2) such financial institution has paid any dividend,
interest, or other payment due to the Secretary by reason of
the financial institution receiving assistance under this
title.
``(b) Right of Repayment for Certain Bank Holding Companies.--
Notwithstanding subsection (a), a bank holding company assessed under
SCAP shall have the right to immediately repay all assistance such
company received under this title, and the Secretary shall
unconditionally accept such a payment, if the Secretary, in
consultation with the appropriate Federal banking agency, where
applicable, determines that, upon the repayment of all of such
assistance, such company--
``(1) will remain in a position to continue to fulfill its
role as an intermediary that facilitates lending to
creditworthy households and businesses;
``(2) will be able to maintain capital levels that are
consistent with supervisory expectations;
``(3) will be able to continue to serve as a source of
financial and managerial strength and support to any subsidiary
bank of such company; and
``(4) along with any subsidiary bank of such company, will
be able to meet all ongoing funding requirements and
obligations to counterparties while reducing reliance on
Government capital and the TLGP.
``(c) Preferred Share Repurchase Levels.--With respect to preferred
shares held by the Secretary, in making a full repayment of all
assistance received by a financial institution under this title on or
before September 30, 2009, such institution shall have the right to
repurchase such preferred shares at--
``(1) in the case of a preferred share purchased by the
Secretary under this title, the same price the Secretary
purchased such share for from the financial institution; and
``(2) in the case of a preferred share held by the
Secretary as a result of the Secretary's exercise of a warrant
received by the Secretary pursuant to section 113(d)(1)(B), the
same price the Secretary purchased such warrant for from the
financial institution.
``(d) Reduction in Authorization To Purchase in Corresponding
Amount to Any Repayment.--Each time a financial institution makes a
repayment of assistance provided under this title, the authorization to
purchase authority under section 115 shall be reduced by a
corresponding dollar amount.
``(e) Provision of Repayment Information.--Not later than 15 days
after the Secretary is notified by a financial institution that such
financial institution wants to immediately repay all assistance
received by such institution under this title, the Secretary, in
consultation with the appropriate Federal banking agency, if any, shall
either--
``(1) accept such repayment; or
``(2) notify such institution, in writing, that the
individual financial position of such institution does not
currently permit the repayment of such assistance, and include
in such notice information detailing steps the institution can
take to satisfy the Secretary and the appropriate Federal
banking agency, if any, that the institution is in a position
to repay such assistance.
``(f) Definitions.--For purposes of this section:
``(1) Appropriate federal banking agency.--The term
`appropriate Federal banking agency' has the meaning given to
such term in section 3(q) of the Federal Deposit Insurance Act
(12 U.S.C. 1813(q)).
``(2) Bank holding company.--The term `bank holding
company' has the meaning given to such term in section 2 of the
Bank Holding Company Act of 1956 (12 U.S.C. 1841).
``(3) Insured depository institution.--The term `insured
depository institution' has the meaning given to such term in
section 3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)).
``(4) SCAP.--The term `SCAP' means the Supervisory Capital
Assessment Program conducted by the Board of Governors of the
Federal Reserve System and other Federal regulators, the
results of which were made public on May 7, 2009.
``(5) TLGP.--The term `TLGP' means the Temporary Liquidity
Guarantee Program, implemented by the Federal Deposit Insurance
Corporation by final rule on November 21, 2008.
``(6) Well capitalized.--With respect to an insured
depository institution, the term `well capitalized' has the
meaning given to such term in section 38(b)(1)(A) of the
Federal Deposit Insurance Act (12 U.S.C. 1831o(b)(1)(A)).''.
(b) Warrant Liquidation Requirement.--Section 111(g) of the
Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(g)) is
amended by striking ``, at the market price, may liquidate warrants
associated with such assistance'' and inserting ``shall liquidate
warrants associated with such assistance at the current market price,
except as otherwise provided in section 137(c)(2)''.
(c) Repeal of Extension Authority.--Section 120 of the Emergency
Economic Stabilization Act of 2008 (12 U.S.C. 5230) is amended--
(1) in subsection (a), by striking ``(a) Termination.--
The'' and inserting ``The''; and
(2) by striking subsection (b).
(d) Conforming Amendment.--The table of contents for the Emergency
Economic Stabilization Act of 2008 is amended by inserting after the
item relating to section 136 the following new item:
``137. Additional repayment procedures.''. | TARP Repayment and Termination Act of 2009 - Amends the Emergency Economic Stabilization Act of 2008 (EESA) to grant any financial institution that received or receives assistance under the Troubled Asset Relief Program (TARP) the right to repay all of it immediately if the institution will be well capitalized after such repayment and has made any payment due to the Secretary of the Treasury by reason of receiving such assistance.
Allows bank holding companies assessed under the Supervisory Capital Assessment Program (SCAP) to repay all of their TARP assistance immediately if the Secretary determines that they meet specified criteria, including the ability, along with their subsidiary banks, to meet all ongoing funding requirements and obligations to counterparties while reducing reliance on government capital and the Temporary Liquidity Guarantee Program (TLGP).
Directs the Secretary to notify financial institutions unable to repay their TARP assistance of detailed steps to take to put themselves in a position to make such repayment.
Gives financial institutions making a full repayment of TARP assistance the right to repurchase preferred shares purchased or held by the Secretary as a result of the Secretary's exercise of warrants at the same price paid by the Secretary for such shares or warrants.
Requires the Secretary to liquidate at the market price warrants associated with repaid TARP assistance.
Eliminates the Secretary's authority to extend TARP beyond its termination date. | {"src": "billsum_train", "title": "To amend the Emergency Economic Stabilization Act of 2008 to provide repayment procedures for certain assistance received under the Troubled Asset Relief Program."} | 1,406 | 307 | 0.656493 | 2.134905 | 0.896261 | 2.662698 | 4.936508 | 0.861111 |
SECTION 1. SHORT TITLE.
The Act may be cited as the ``Post 9/11 Troops to Teachers
Enhancement Act''.
SEC. 2. YEARS OF SERVICE REQUIREMENTS; STIPEND.
(a) Years of Service Requirements.--Section 2303(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6673(a)) is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following:
``(D) commencing on or after September 11, 2001,
serves at least 90 continuous days on active duty (as
such term is defined in section 101(d)(1) of title 10,
United States Code, except that such term does not
include a period of service described in paragraphs (1)
through (3) of section 3311(d) of title 38, United
States Code) in the Armed Forces (excluding service on
active duty in entry level or skills training) and,
after completion of such service, is discharged or
released as follows:
``(i) A discharge from active duty in the
Armed Forces with an honorable discharge.
``(ii) A release after service on active
duty in the Armed Forces characterized by the
Secretary concerned as honorable service and
placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or
placement on the temporary disability retired
list.
``(iii) A release from active duty in the
Armed Forces for further service in a reserve
component of the Armed Forces after service on
active duty characterized by the Secretary
concerned as honorable service.''; and
(2) in paragraph (2)(A)(i), by striking ``6 or more years''
and inserting ``4 or more years''.
SEC. 3. DEFINITION OF LOCAL EDUCATIONAL AGENCY AND PUBLIC CHARTER
SCHOOLS.
(a) Amendment.--Section 2304(a)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6674(a)(B)) is amended by
striking ``high-need local educational agency or public charter school,
as such terms are defined in section 2101'' and inserting ``local
educational agency receiving funding under part A of title I or public
charter school (as such term is defined in section 2102)''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect 30 days after the date of the enactment of this Act.
SEC. 4. ADVISORY BOARD.
Chapter A of subpart 1 of part C of title II of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2301 et seq.) is amended by
adding at the end the following:
``SEC. 2308. ADVISORY BOARD.
``(a) Establishment.--Not later than 120 days after the date of
enactment of the Post 9/11 Troops to Teachers Enhancement Act, the
Secretary, in consultation with the Secretary of Defense, shall
establish an Advisory Board composed of--
``(1) a representative from the Defense Activity for Non-
Traditional Education Support Division of the Department of
Defense;
``(2) a representative from the Department of Innovation
and Improvement of the Department of Education;
``(3) a representative from 3 State offices that operate to
recruit eligible members of the Armed Forces for participation
in the Program and to facilitate the employment of participants
in the Program as elementary school teachers, secondary school
teachers, and vocational or technical teachers; and
``(4) a representative from each of 3 veteran service
organizations.
``(b) Duties.--The Advisory Board established under subsection (a)
shall--
``(1) collect, consider, and disseminate feedback from
participants and State offices described in subsection (a)(4)
on--
``(A) the best practices for improving recruitment
of eligible members of the Armed Forces in States,
local educational agencies, and public charter schools
under served by the Program;
``(B) ensuring that high-need local educational
agencies and public charter schools are aware of the
Program and how to participate in it;
``(C) coordinating the goals of the Program with
other Federal, State, and local education needs and
programs; and
``(D) other activities that the Advisory Board
deems necessary; and
``(2) not later than 1 year after the date of the enactment
of the Post 9/11 Troops to Teachers Enhancement Act, and
annually thereafter, prepare and submit a report to Committees
on Health, Education, Labor, and Pensions and Armed Services of
the Senate, and the Committees on Education and the Workforce
and Armed Services of the House of Representatives which shall
include--
``(A) information with respect to the activities of
the Advisory Board;
``(B) information with respect to the Program,
including--
``(i) the number of participants in the
Program;
``(ii) the number of States participating
in the Program;
``(iii) local educational agencies and
schools in where participants are employed;
``(iv) the grade levels at which
participants teach;
``(v) the academic subjects taught by
participants;
``(vi) rates of retention of participants
by the local educational agencies and public
charter schools employing participant;
``(vii) other demographic information as
may be necessary to evaluate the effectiveness
of the program; and
``(viii) a review of the stipend and bonus
available to participants under subsections (c)
and (d)(1) of section 2304; and
``(C) recommendations for--
``(i) improvements to local, State, and
Federal recruitment and retention efforts;
``(ii) legislative or executive policy
changes to improve the Program, enhance
participant experience, and increase
participation in the program; and
``(iii) other changes necessary to ensure
that the Program is meeting the purpose
described in section 2302(a).''. | Post 9/11 Troops to Teachers Enhancement Act - Amends the Troops-to-Teachers program of the Elementary and Secondary Education Act of 1965 (which provides veterans with teacher certification stipends in exchange for three years of service in a high-need local educational agency [LEA] or public charter school).
Expands program eligibility to cover certain individuals: (1) who, on or after September 11, 2001, serve at least 90 continuous days on active duty in the Armed Forces before being honorably released from such service; or (2) who, on or after January 8, 2002, are separated or released from active duty after at least four (currently, six) years of continuous active duty immediately preceding such separation or release, and agree to serve in the Armed Forces Reserves for at least three years.
Makes any LEA that is receiving school improvement funds eligible to host Troops-to-Teachers program participants.
Directs the Secretary of Education to establish an Advisory Board, composed of federal, state, and veteran service organization representatives, to collect, study, and disseminate feedback from the program and report to Congress on how the program is operating and might be improved. | {"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to allow members of the Armed Forces who served on active duty on or after September 11, 2001, to be eligible to participate in the Troops-to-Teachers Program, and for other purposes."} | 1,371 | 258 | 0.527016 | 1.572903 | 0.661419 | 2.5 | 5.614035 | 0.780702 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Choice in Television Act of
1995''.
SEC. 2. PARENTAL CHOICE IN TELEVISION PROGRAMMING.
(a) Findings.--The Congress makes the following findings:
(1) Television influences children's perception of the
values and behavior that are common and acceptable in society.
(2) Television station operators, cable television system
operators, and video programmers should follow practices in
connection with video programming that take into consideration
that television broadcast and cable programming has established
a uniquely pervasive presence in the lives of American
children.
(3) The average American child is exposed to 25 hours of
television each week and some children are exposed to as much
as 11 hours of television a day.
(4) Studies have shown that children exposed to violent
video programming at a young age have a higher tendency for
violent and aggressive behavior later in life that children not
so exposed, and that children exposed to violent video
programming are prone to assume that acts of violence are
acceptable behavior.
(5) Children in the United States are, on average, exposed
to an estimated 8,000 murders and 100,000 acts of violence on
television by the time the child completes elementary school.
(6) Studies indicate that children are affected by the
pervasiveness and casual treatment of sexual material on
television, eroding the ability of parents to develop
responsible attitudes and behavior in their children.
(7) Parents express grave concern over violent and sexual
video programming and strongly support technology that would
give them greater control to block video programming in the
home that they consider harmful to their children.
(8) There is a compelling governmental interest in
empowering parents to limit the negative influences of video
programming that is harmful to children.
(9) Providing parents with timely information about the
nature of upcoming video programming and with the technological
tools that allow them easily to block violent, sexual, or other
programming that they believe harmful to their children is the
least restrictive and most narrowly tailored means of achieving
that compelling governmental interest.
(b) Establishment of Television Rating Code.--Section 303 of the
Act (47 U.S.C. 303) is amended by adding at the end the following:
``(v) Prescribe--
``(1) on the basis of recommendations from an advisory
committee established by the Commission that is composed of
television broadcasters, television programming producers,
cable operators, appropriate public interest groups, and other
interested individuals from the private sector and that is
fairly balanced in terms of the points of view represented and
the functions to be performed by the committee, rules to
identify and rate video programming that contains sexual,
violent, or other material about which parents should be
informed before it is displayed to children; and
``(2) rules requiring the transmission by distributors of
video programming of signals that contain an identification of
the rating (pursuant to the rules prescribed under paragraph
(1)) of the programming being distributed and that permit
parents to block the display of video programming that they
have determined is inappropriate for their children.''.
(c) Requirement for Manufacture of Televisions That Block
Programs.--Section 303 of the Act, as amended by subsection (a), is
further amended by adding at the end the following:
``(w) Require, in the case of apparatus designed to receive
television signals that are manufactured in the United States or
imported for use in the United States and that have a picture screen 13
inches or greater in size (measured diagonally), that such apparatus--
``(1) be equipped with circuitry designed to enable viewers
to block the display of channels, programs, and time slots; and
``(2) enable viewers to block display of all programs with
a common rating.''.
(d) Shipping or Importing of Televisions That Block Programs.--
(1) Regulations.--Section 330 of the Communications Act of
1934 (47 U.S.C. 330) is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by adding after subsection (b) the following
new subsection (c):
``(c)(1) Except as provided in paragraph (2), no person shall ship
in interstate commerce, manufacture, assemble, or import from any
foreign country into the United States any apparatus described in
section 303(w) of this Act except in accordance with rules prescribed
by the Commission pursuant to the authority granted by that section.
``(2) This subsection shall not apply to carriers transporting
apparatus referred to in paragraph (1) without trading it.
``(3) The rules prescribed by the Commission under this subsection
shall provide for the oversight by the Commission of the adoption of
standards by industry for blocking technology. Such rules shall require
that all such apparatus be able to receive the rating signals which
have been transmitted by way of line 21 of the vertical blanking
interval and which conform to the signal and blocking specifications
established by industry under the supervision of the Commission.
``(4) As new video technology is developed, the Commission shall
take such action as the Commission determines appropriate to ensure
that blocking service continues to be available to consumers.''.
(2) Conforming amendment.--Section 330(d) of such Act, as
redesignated by subsection (a)(1), is amended by striking
``section 303(s), and section 303(u)'' and inserting in lieu
thereof ``and sections 303(s), 303(u), and 303(w)''.
(e) Applicability and Effective Dates.--
(1) Applicability of rating provision.--The amendment made
by subsection (b) of this section shall take effect 1 year
after the date of enactment of this Act, but only if the
Commission determines, in consultation with appropriate public
interest groups and interested individuals from the private
sector, that distributors of video programming have not, by
such date--
(A) established voluntary rules for rating video
programming that contains sexual, violent, or other
material about which parents should be informed before
it is displayed to children, and such rules are
acceptable to the Commission; and
(B) agreed voluntarily to broadcast signals that
contain ratings of such programming.
(2) Effective date of manufacturing provision.--In
prescribing regulations to implement the amendment made by
subsection (c), the Federal Communications Commission shall,
after consultation with the television manufacturing industry,
specify the effective date for the applicability of the
requirement to the apparatus covered by such amendment. | Parental Choice in Television Act of 1995 - Directs the Federal Communications Commission (FCC) to prescribe rules that: (1) on the basis of recommendations from an advisory committee, identify and rate video programming that contains sexual, violent, or other material about which parents should be informed; and (2) require distributors of video programming to transmit signals that contain the rating of the program being distributed and permit parents to block the display of the video programming. Voids such requirement if program distributors, within one year, have established voluntary rules to the same effect.
Directs the FCC to require televisions with a picture screen 13 inches or greater which are manufactured or imported for use in the United States to be equipped with circuitry designed to enable viewers to block the display of channels, time slots, and programs, as well as allow viewers to block displays of all programs with a common rating. Prohibits the shipment in interstate commerce, the manufacture, the assembly, or the importation from any foreign country into the United States of any such televisions except in accordance with FCC rules. Exempts those carriers who are not trading the televisions.
Directs the FCC to prescribe rules providing for FCC oversight of the blocking standards adopted by the industry and requiring that every television with a picture screen 13 inches or greater will be able to receive ratings signals that conform to the signal and blocking specifications established by industry. | {"src": "billsum_train", "title": "Parental Choice in Television Act of 1995"} | 1,372 | 294 | 0.544207 | 1.656843 | 0.712873 | 3.549815 | 4.944649 | 0.878229 |
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