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SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard Empowerment Act of
2007''.
SEC. 2. EXPANDED AUTHORITY OF CHIEF OF THE NATIONAL GUARD BUREAU AND
EXPANDED FUNCTIONS OF THE NATIONAL GUARD BUREAU.
(a) Expanded Authority.--
(1) In general.--Subsection (a) of section 10501 of title
10, United States Code, is amended by striking ``joint bureau
of the Department of the Army and the Department of the Air
Force'' and inserting ``joint activity of the Department of
Defense''.
(2) Purpose.--Subsection (b) of such section is amended by
striking ``between'' and all that follows and inserting
``between--
``(1)(A) the Secretary of Defense, the Joint Chiefs of
Staff, and the commanders of the combatant commands of the
United States, and (B) the Department of the Army and the
Department of the Air Force; and
``(2) the several States.''.
(b) Enhancements of Position of Chief of National Guard Bureau.--
(1) Advisory function on national guard matters.--
Subsection (c) of section 10502 of title 10, United States
Code, is amended by inserting ``to the Secretary of Defense, to
the Chairman of the Joint Chiefs of Staff,'' after ``principal
adviser''.
(2) Member of joint chiefs of staff.--(A) Such section is
further amended--
(i) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(ii) by inserting after subsection (c) the
following new subsection (d):
``(d) Member of Joint Chiefs of Staff.--The Chief of the National
Guard Bureau shall perform the duties prescribed for him or her as a
member of the Joint Chiefs of Staff under section 151 of this title.''.
(B) Section 151(a) of such title is amended by adding at
the end the following new paragraph:
``(7) The Chief of the National Guard Bureau.''.
(3) Grade.--Subsection (e) of such section, as redesignated
by paragraph (2)(A)(i) of this subsection, is further amended
by striking ``lieutenant general'' and inserting ``general''.
(4) Annual report to congress on validated requirements.--
Section 10504 of such title is amended by adding at the end the
following new subsection:
``(c) Annual Report on Validated Requirements.--Not later than
December 31 each year, the Chief of the National Guard Bureau shall
submit to Congress a report on the following:
``(1) The requirements validated under section 10503a(b)(1)
of this title during the preceding fiscal year.
``(2) The requirements referred to in paragraph (1) for
which funding is to be requested in the next budget for a
fiscal year under section 10544 of this title.
``(3) The requirements referred to in paragraph (1) for
which funding will not be requested in the next budget for a
fiscal year under section 10544 of this title.''.
(c) Enhancement of Functions of National Guard Bureau.--
(1) Development of charter.--Section 10503 of title 10,
United States Code, is amended--
(A) in the matter preceding paragraph (1), by
striking ``The Secretary of the Army and the Secretary
of the Air Force shall jointly develop'' and inserting
``The Secretary of Defense, in consultation with the
Secretary of the Army and the Secretary of the Air
Force, shall develop''; and
(B) in paragraph (12), by striking ``the
Secretaries'' and inserting ``the Secretary of
Defense''.
(2) Additional general functions.--Such section is further
amended--
(A) by redesignating paragraph (12), as amended by
paragraph (1)(B) of this subsection, as paragraph (13);
and
(B) by inserting after paragraph (11) the following
new paragraph (12):
``(12) Facilitating and coordinating with other Federal
agencies, and with the several States, the use of National
Guard personnel and resources for and in contingency
operations, military operations other than war, natural
disasters, support of civil authorities, and other
circumstances.''.
(3) Military assistance for civil authorities.--Chapter
1011 of such title is further amended by inserting after
section 10503 the following new section:
``Sec. 10503a. Functions of National Guard Bureau: military assistance
to civil authorities
``(a) Identification of Additional Necessary Assistance.--The Chief
of the National Guard Bureau shall--
``(1) identify gaps between Federal and State capabilities
to prepare for and respond to emergencies; and
``(2) make recommendations to the Secretary of Defense on
programs and activities of the National Guard for military
assistance to civil authorities to address such gaps.
``(b) Scope of Responsibilities.--In meeting the requirements of
subsection (a), the Chief of the National Guard Bureau shall, in
coordination with the adjutants general of the States, have
responsibilities as follows:
``(1) To validate the requirements of the several States
and Territories with respect to military assistance to civil
authorities.
``(2) To develop doctrine and training requirements
relating to the provision of military assistance to civil
authorities.
``(3) To acquire equipment, materiel, and other supplies
and services for the provision of military assistance to civil
authorities.
``(4) To assist the Secretary of Defense in preparing the
budget required under section 10544 of this title.
``(5) To administer amounts provided the National Guard for
the provision of military assistance to civil authorities.
``(6) To carry out any other responsibility relating to the
provision of military assistance to civil authorities as the
Secretary of Defense shall specify.
``(c) Assistance.--The Chairman of the Joint Chiefs of Staff shall
assist the Chief of the National Guard Bureau in carrying out
activities under this section.
``(d) Consultation.--The Chief of the National Guard Bureau shall
carry out activities under this section in consultation with the
Secretary of the Army and the Secretary of the Air Force.''.
(4) Budgeting for training and equipment for military
assistance to civil authorities and other domestic missions.--
Chapter 1013 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 10544. National Guard training and equipment: budget for
military assistance to civil authorities and for other
domestic operations
``(a) In General.--The budget justification documents materials
submitted to Congress in support of the budget of the President for a
fiscal year (as submitted with the budget of the President under
section 1105(a) of title 31) shall specify separate amounts for
training and equipment for the National Guard for purposes of military
assistance to civil authorities and for other domestic operations
during such fiscal year.
``(b) Scope of Funding.--The amounts specified under subsection (a)
for a fiscal year shall be sufficient for purposes as follows:
``(1) The development and implementation of doctrine and
training requirements applicable to the assistance and
operations described in subsection (a) for such fiscal year.
``(2) The acquisition of equipment, materiel, and other
supplies and services necessary for the provision of such
assistance and such operations in such fiscal year.''.
(5) Limitation on increase in personnel of national guard
bureau.--The Secretary of Defense shall, to the extent
practicable, ensure that no additional personnel are assigned
to the National Guard Bureau in order to address administrative
or other requirements arising out of the amendments made by
this subsection.
(d) Conforming and Clerical Amendments.--
(1) Conforming amendment.--The heading of section 10503 of
title 10, United States Code, is amended to read as follows:
``Sec. 10503. Functions of National Guard Bureau: charter''.
(2) Clerical amendments.--(A) The table of sections at the
beginning of chapter 1011 of such title is amended by striking
the item relating to section 10503 and inserting the following
new items:
``10503. Functions of National Guard Bureau: charter.
``10503a. Functions of National Guard Bureau: military assistance to
civil authorities.''.
(B) The table of sections at the beginning of chapter 1013
of such title is amended by adding at the end the following new
item:
``10544. National Guard training and equipment: budget for military
assistance to civil authorities and for
other domestic operations.''.
SEC. 3. PROMOTION OF ELIGIBLE RESERVE OFFICERS TO LIEUTENANT GENERAL
AND VICE ADMIRAL GRADES ON THE ACTIVE-DUTY LIST.
(a) Sense of Congress.--It is the sense of Congress that, whenever
officers are considered for promotion to the grade of lieutenant
general, or vice admiral in the case of the Navy, on the active duty
list, officers of the reserve components of the Armed Forces who are
eligible for promotion to such grade should be considered for promotion
to such grade.
(b) Proposal.--The Secretary of Defense shall submit to Congress a
proposal for mechanisms to achieve the objective specified in
subsection (a). The proposal shall include such recommendations for
legislative or administrative action as the Secretary considers
appropriate in order to achieve that objective.
(c) Notice Accompanying Nominations.--The President shall include
with each nomination of an officer to the grade of lieutenant general,
or vice admiral in the case of the Navy, on the active-duty list that
is submitted to the Senate for consideration a certification that all
reserve officers who were eligible for consideration for promotion to
such grade were considered in the making of such nomination.
SEC. 4. PROMOTION OF RESERVE OFFICERS TO LIEUTENANT GENERAL GRADE.
(a) Treatment of Service as Adjutant General as Joint Duty
Experience.--
(1) Directors of army and air national guard.--Section
10506(a)(3) of title 10, United States Code, is amended--
(A) by redesignating subparagraphs (C), (D), and
(E) as subparagraphs (D), (E), and (F), respectively;
and
(B) by inserting after subparagraph (B) the
following new subparagraph (C):
``(C) Service of an officer as adjutant general shall be treated as
joint duty experience for purposes of subparagraph (B)(ii).''.
(2) Other officers.--The service of an officer of the Armed
Forces as adjutant general, or as an officer (other than
adjutant general) of the National Guard of a State who performs
the duties of adjutant general under the laws of such State,
shall be treated as joint duty or joint duty experience for
purposes of any provisions of law required such duty or
experience as a condition of promotion.
(b) Reports on Promotion of Reserve Major Generals to Lieutenant
General Grade.--
(1) Review required.--The Secretary of the Army and the
Secretary of the Air Force shall each conduct a review of the
promotion practices of the military department concerned in
order to identify and assess the practices of such military
department in the promotion of reserve officers from major
general grade to lieutenant general grade.
(2) Reports.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Army and the
Secretary of the Air Force shall each submit to the
congressional defense committees a report on the review
conducted by such official under paragraph (1). Each report
shall set forth--
(A) the results of such review; and
(B) a description of the actions intended to be
taken by such official to encourage and facilitate the
promotion of additional reserve officers from major
general grade to lieutenant general grade.
(3) Congressional defense committees defined.--In this
subsection, the term ``congressional defense committees''
means--
(A) the Committees on Armed Services and
Appropriations of the Senate; and
(B) the Committees on Armed Services and
Appropriations of the House of Representatives.
SEC. 5. REQUIREMENT THAT POSITION OF DEPUTY COMMANDER OF THE UNITED
STATES NORTHERN COMMAND BE FILLED BY A QUALIFIED NATIONAL
GUARD OFFICER.
(a) In General.--The position of Deputy Commander of the United
States Northern Command shall be filled by a qualified officer of the
National Guard who is eligible for promotion to the grade of lieutenant
general.
(b) Purpose.--The purpose of the requirement in subsection (a) is
to ensure that information received from the National Guard Bureau
regarding the operation of the National Guard of the several States is
integrated into the plans and operations of the United States Northern
Command.
SEC. 6. REQUIREMENT FOR SECRETARY OF DEFENSE TO PREPARE ANNUAL PLAN FOR
RESPONSE TO NATURAL DISASTERS AND TERRORIST EVENTS.
(a) Requirement for Annual Plan.--Not later than March 1, 2007, and
each March 1 thereafter, the Secretary of Defense, in consultation with
the commander of the United States Northern Command and the Chief of
the National Guard Bureau, shall prepare and submit to Congress a plan
for coordinating the use of the National Guard and members of the Armed
Forces on active duty when responding to natural disasters, acts of
terrorism, and other man-made disasters as identified in the national
planning scenarios described in subsection (e).
(b) Information To Be Provided to Secretary.--To assist the
Secretary of Defense in preparing the plan, the National Guard Bureau,
pursuant to its purpose as channel of communications as set forth in
section 10501(b) of title 10, United States Code, shall provide to the
Secretary information gathered from Governors, adjutants general of
States, and other State civil authorities responsible for homeland
preparation and response to natural and man-made disasters.
(c) Two Versions.--The plan shall set forth two versions of
response, one using only members of the National Guard, and one using
both members of the National Guard and members of the regular
components of the Armed Forces.
(d) Matters Covered.--The plan shall cover, at a minimum, the
following:
(1) Protocols for the Department of Defense, the National
Guard Bureau, and the Governors of the several States to carry
out operations in coordination with each other and to ensure
that Governors and local communities are properly informed and
remain in control in their respective States and communities.
(2) An identification of operational procedures, command
structures, and lines of communication to ensure a coordinated,
efficient response to contingencies.
(3) An identification of the training and equipment needed
for both National Guard personnel and members of the Armed
Forces on active duty to provide military assistance to civil
authorities and for other domestic operations to respond to
hazards identified in the national planning scenarios.
(e) National Planning Scenarios.--The plan shall provide for
response to the following hazards:
(1) Nuclear detonation, biological attack, biological
disease outbreak/pandemic flu, the plague, chemical attack-
blister agent, chemical attack-toxic industrial chemicals,
chemical attack-nerve agent, chemical attack-chlorine tank
explosion, major hurricane, major earthquake, radiological
attack-radiological dispersal device, explosives attack-bombing
using improvised explosive device, biological attack-food
contamination, biological attack-foreign animal disease and
cyber attack.
(2) Any other hazards identified in a national planning
scenario developed by the Homeland Security Council.
SEC. 7. ADDITIONAL REPORTING REQUIREMENTS RELATING TO NATIONAL GUARD
EQUIPMENT.
Section 10541 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(d) Each report under this section concerning equipment of the
National Guard shall also include the following:
``(1) A statement of the accuracy of the projections
required by subsection (b)(5)(D) contained in earlier reports
under this section, and an explanation, if the projection was
not met, of why the projection was not met.
``(2) A certification from the Chief of the National Guard
Bureau setting forth an inventory for the preceding fiscal year
of each item of equipment--
``(A) for which funds were appropriated;
``(B) which was due to be procured for the National
Guard during that fiscal year; and
``(C) which has not been received by a National
Guard unit as of the close of that fiscal year.''. | National Guard Empowerment Act of 2007 - Expands the: (1) authority of the Chief of the National Guard Bureau (Bureau) to include membership on the Joint Chiefs of Staff (JCS) (and raises the grade of the Chief from lieutenant general to general); and (2) functions of the Bureau to include facilitating and coordinating, with other federal agencies and the states, the use of Guard personnel and resources for, and in, contingency operations, military operations other than war, natural disasters, and support of civil authorities.
Directs the Chief to: (1) identify gaps between federal and state capabilities to prepare for and respond to emergencies; and (2) make recommendations to the Secretary of Defense on Guard programs and activities to address such gaps.
Requires annual Department of Defense (DOD) budget justification documents to include separate amounts for Guard training and equipment for military assistance to civil authorities and other domestic operations.
Expresses the sense of Congress calling for consideration of eligible reserve officers for promotion to the grades of lieutenant general or vice admiral on the active duty list.
Treats service as a Bureau adjutant general as joint duty experience.
Requires the position of Deputy Commander of the U.S. Northern Command to be filled by a qualified Guard officer eligible for promotion to the grade of lieutenant general.
Requires an annual plan for the use of the Armed Forces and National Guard for responding to disasters and acts of terrorism. | {"src": "billsum_train", "title": "A bill to amend title 10, United States Code, to enhance the national defense through empowerment of the Chief of the National Guard Bureau and the enhancement of the functions of the National Guard Bureau, and for other purposes."} | 3,661 | 312 | 0.559811 | 1.531941 | 0.715519 | 4.039568 | 12.133094 | 0.953237 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Aliens Federal
Responsibility Act of 1995''.
SEC. 2. INCARCERATION OF CRIMINAL ALIENS BY OR AT THE EXPENSE OF THE
FEDERAL GOVERNMENT.
(a) Definition.--In this section, ``criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility'' means an alien who--
(1)(A) is in the United States in violation of the
immigration laws; or
(B) is deportable or excludable under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); and
(2) has been convicted of a felony under State or local law
and incarcerated in a correctional facility of the State or a
subdivision of the State.
(b) Federal Custody.--At the request of a State or political
subdivision of a State, the Attorney General shall--
(1)(A) take custody of a criminal alien who has been
convicted of a felony and is incarcerated in a State or local
correctional facility; and
(B) provide for the imprisonment of the criminal alien in a
Federal prison in accordance with the sentence of the State
court; or
(2) enter into a contractual arrangement with the State or
local government to compensate the State or local government
for incarcerating alien criminals for the duration of their
sentences.
SEC. 3. EXPEDITING CRIMINAL ALIEN DEPORTATION AND EXCLUSION.
(a) Convicted Defined.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)) is amended by adding at the end
the following new subparagraph:
``(E) Convicted defined.--In this paragraph, the
term `convicted' means a judge or jury has found the
alien guilty or the alien has entered a plea of guilty
or nolo contendere, whether or not the alien appeals
therefrom.''.
(b) Deportation of Convicted Aliens.--
(1) Immediate deportation.--Section 242(h) of such Act (8
U.S.C. 1252(h)) is amended--
(A) by striking ``(h) An alien'' and inserting
``(h)(1) Subject to paragraph (2), an alien'';
(B) by adding at the end the following new
paragraph:
``(2) An alien sentenced to imprisonment may be deported prior to
the termination of such imprisonment by the release of the alien from
confinement, if the Service petitions the appropriate court or other
entity with authority concerning the alien to release the alien into
the custody of the Service for execution of an order of deportation.''.
(2) Prohibition of reentry into the united states.--Section
212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph ``(G)''; and
(B) by inserting after subparagraph (E) the
following new subparagraph:
``(F) Aliens deported before serving minimum period
of confinement.--An alien deported pursuant to section
242(h)(2) is excludable during the minimum period of
confinement to which the alien was sentenced.''.
(c) Execution of Deportation Orders.--Section 242(i) of such Act (8
U.S.C. 1252(i)) is amended by adding at the end the following: ``An
order of deportation may not be executed until all direct appeals
relating to the conviction which is the basis of the deportation order
have been exhausted.''.
SEC. 4. DETENTION OF ALIENS SUBJECT TO DEPORTATION ON CRIMINAL AND
SECURITY GROUNDS PENDING DEPORTATION PROCEEDINGS.
(a) Apprehension and Deportation of Aliens Subject to Deportation
on Criminal or Security Grounds.--Section 242(a) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)) is amended--
(1) in the second sentence of paragraph (1) by striking
``paragraph (2),'' and inserting ``paragraphs (2) and (4),'';
and
(2) by adding at the end the following new paragraph:
``(4) Pending a determination of deportability in the case of any
alien subject to deportation for criminal offenses or security and
related grounds pursuant to paragraphs (2) and (4) of section 241(a),
the Attorney General shall--
``(A) upon warrant of the Attorney General, arrest and take
into custody the alien pending a final determination of
deportability; or
``(B) take the alien into custody upon release of the alien
from incarceration (regardless of whether or not such release
is on parole, supervised release, or probation, and regardless
of the possibility of rearrest or further confinement in
respect of the same offense) pending a final determination of
deportability.
Notwithstanding paragraph (1) or subsection (c) and (d), the Attorney
General shall not release such alien from custody.''.
(b) Mandatory Detention of Aggravated Felons Pending Determination
of Deportability.--Section 242(a)(2) of such Act is further amended--
(1) by striking subparagraph (B); and
(2) in subparagraph (A)--
(A) by striking ``(2)(A)'' and inserting ``(2)'',
and
(B) in the second sentence--
(i) by striking ``but subject to
subparagraph (B)'', and
(ii) by inserting before the period
``pending a final determination of
deportability''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
aliens with respect to whom a deportation proceeding is initiated more
than 60 days after the date of the enactment of this Act.
SEC. 5. PRISONER TRANSFER TREATY PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
the Attorney General shall submit to the Congress a report on ways to
expand bilateral prisoner transfer treaties. Such report shall consider
the feasibility of subsidizing the Government of Mexico for costs
associated with the incarceration of Mexican nationals returned to
Mexico pursuant to such a treaty and methods of verifying that
prisoners transferred pursuant to such treaties are serving adequate
terms of imprisonment upon transfer.
SEC. 6. INTERIOR REPATRIATION PROGRAM.
Not later than 90 days after the date of the enactment of this Act,
in cooperation with the Government of Mexico the Attorney General shall
implement a program of interior repatriation of criminal aliens who are
deported or voluntarily repatriated to Mexico.
SEC. 7. INS CLEARINGHOUSE CONCERNING CRIMINAL ALIENS.
Not later than 90 days after the date of the enactment of this Act,
the Immigration and Naturalization Service shall develop a uniform and
sound methodology for collecting information concerning criminal aliens
incarcerated in local and State jails, including the number of such
aliens. | Criminal Aliens Federal Responsibility Act of 1995 - Requires the Federal Government to incarcerate or to reimburse State and local governments for the cost of incarcerating specified criminal aliens.
Amends the Immigration and Nationality Act to provide for: (1) expedited deportation and exclusion of criminal aliens; and (2) detention of aliens subject to deportation on criminal or security grounds pending deportation proceedings.
Directs the Attorney General to: (1) report on ways to expand bilateral prisoner transfer treaties, including related assistance to Mexico; and (2) implement an interior repatriation program in cooperation with Mexico.
Directs the Immigration and Naturalization Service to develop an information clearinghouse regarding incarcerated criminal aliens. | {"src": "billsum_train", "title": "Criminal Aliens Federal Responsibility Act of 1995"} | 1,702 | 158 | 0.477141 | 1.233582 | 0.748308 | 2.715385 | 10.492308 | 0.884615 |
SECTION 1. AUTHORITY TO GRANT STATE STATUS TO INDIAN TRIBES FOR
ENFORCEMENT OF SOLID WASTE DISPOSAL ACT.
(a) Definitions.--(1) Section 1004 of the Solid Waste Disposal Act
(42 U.S.C. 6903) is amended by adding at the end the following new
paragraphs:
``(42) The term `Indian country' means--
``(A) all land within the limits of any Indian reservation
under the jurisdiction of the United States Government,
notwithstanding the issuance of any patent, and including
rights-of-way running through the reservation;
``(B) all dependent Indian communities within the borders
of the United States whether within the original or
subsequently acquired territory thereof, and whether within or
without the limits of a State; and
``(C) all Indian allotments, the Indian titles to which
have not been extinguished, including rights-of-way running
through the same.
``(43) The term `Indian tribe' means any Indian tribe, band, group,
or community, including any Alaska Native village, organization, or
regional corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, recognized by the Secretary of the
Interior and exercising governmental authority within Indian
country.''.
(2) Paragraph (13) of such section is amended by striking out ``or
authorized tribal organization or Alaska Native village or
organization,'' and inserting in lieu thereof ``not treated as a State
under section 1009,''.
(3) Paragraph (15) of such section is amended by inserting after
``State,'' the following: ``Indian tribe,''.
(b) Treatment of Indian Tribes as States.--Subtitle A of the Solid
Waste Disposal Act is amended by adding at the end the following new
section:
``SEC. 1009. INDIAN TRIBES.
``(a) In General.--Subject to the provisions of subsection (b), the
Administrator--
``(1) is authorized to treat Indian tribes as States under
this Act;
``(2) may delegate to such tribes primary enforcement
responsibility for programs and projects under this Act; and
``(3) may provide such tribes grant and contract assistance
to carry out functions provided by this Act.
``(b) EPA Regulations.--
``(1) The Administrator shall, not later than 18 months
after the date of the enactment of this section, promulgate
final regulations that specify how Indian tribes shall be
treated as States for the purposes of this Act. Such treatment
shall be authorized only if--
``(A) the Indian tribe has a governing body
carrying out substantial governmental duties and
powers;
``(B) the functions to be exercised by the Indian
tribe pertain to land and resources which are held by
the Indian tribe, held by the United States in trust
for the Indian tribe, held by a member of the Indian
tribe if such property interest is subject to a trust
restriction on alienation, or are otherwise within
Indian country; and
``(C) the Indian tribe is reasonably expected to be
capable, in the Administrator's judgment, of carrying
out the functions to be exercised in a manner
consistent with the terms and purposes of this Act and
of all applicable regulations.
``(2) For any provision of this Act where treatment of
Indian tribes identically to States is inappropriate,
administratively infeasible, or otherwise inconsistent with the
purposes of this Act, the Administrator may include in the
regulations promulgated under this section means for the direct
implementation of such provision by the Environmental
Protection Agency in a manner that will achieve the purpose of
the provision. Nothing in this section shall be construed to
allow Indian tribes to assume or maintain primary enforcement
responsibility for programs under this Act in a manner less
protective of human health and the environment than such
responsibility may be assumed or maintained by a State. An
Indian tribe shall not be required to exercise criminal
jurisdiction for purposes of complying with the preceding
sentence.
``(c) Cooperative Agreements.--In order to ensure the consistent
implementation of the requirements of this Act, an Indian tribe and the
State or States in which the lands of such Indian tribe are located may
enter into a cooperative agreement, subject to the review and approval
of the Administrator, to jointly plan and administer the requirements
of this Act.
``(d) Report.--(1) The Administrator, in cooperation with the
Secretary and the Director of the Indian Health Service, shall submit
to Congress a report containing the following:
``(A) Recommendations for addressing hazardous and solid
wastes and underground storage tanks within Indian country.
``(B) Methods by which the participation in and
administration of programs under this Act by Indian tribes can
be maximized.
``(C) The amount of Federal assistance that will be
required to carry out the purposes of this section.
``(D) A discussion of how the Administrator intends to
provide assistance to Indian tribes for the administration of
programs and projects under this Act.
``(2) The report required by paragraph (1) shall be submitted not
later than 24 months after the date of the enactment of this section.
``(e) Tribal Hazardous Waste Site and Open Dump Inventory.--(1) The
Administrator shall undertake a continuing program to establish an
inventory of sites within Indian country at which hazardous waste has
at any time been stored or disposed of. Such inventory shall contain
the information required by section 3012 and shall include sites at
Federal facilities within Indian country. The Administrator also shall
establish an inventory of open dumps within Indian country at which
solid waste has been disposed of at any time.
``(2) The requirements of paragraph (1) shall be carried out not
later than 24 months after the date of the enactment of this section.
``(f) Upgrading of Tribal Open Dumps.--The Administrator shall
assist Indian tribes to upgrade open dumps to upgrade such facilities
to comply with the requirements of this Act.''.
(c) Technical Amendment.--The table of contents for subtitle A of
the Solid Waste Disposal Act (contained in section 1001 of such Act) is
amended by adding at the end the following new item:
``Sec. 1009. Indian tribes.''. | Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) treat Indian tribes as States under such Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States.
Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) the amount of assistance required and how the Administrator intends to provide such assistance to Indian tribes for the administration of such programs.
Requires the Administrator to establish an inventory of: (1) sites within Indian country at which hazardous waste has been stored or disposed; and (2) open dumps within Indian country at which solid waste has been disposed. Directs the Administrator to assist Indian tribes in upgrading open dumps to comply with applicable requirements. | {"src": "billsum_train", "title": "To grant state status to Indian tribes for purposes of enforcement of the Solid Waste Disposal Act."} | 1,373 | 219 | 0.628536 | 1.543111 | 0.87574 | 3.310185 | 6.041667 | 0.939815 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Upper Mississippi
River Basin Protection Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Reliance on sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
Sec. 101. Establishment of monitoring network.
Sec. 102. Data collection and storage responsibilities.
Sec. 103. Relationship to existing sediment and nutrient monitoring.
Sec. 104. Collaboration with other public and private monitoring
efforts.
Sec. 105. Reporting requirements.
Sec. 106. National Research Council assessment.
TITLE II--COMPUTER MODELING AND RESEARCH
Sec. 201. Computer modeling and research of sediment and nutrient
sources.
Sec. 202. Use of electronic means to distribute information.
Sec. 203. Reporting requirements.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
Sec. 301. Authorization of appropriations.
Sec. 302. Cost-sharing requirements.
SEC. 2. DEFINITIONS.
In this Act:
(1) The terms ``Upper Mississippi River Basin'' and
``Basin'' mean the watershed portion of the Upper Mississippi
River and Illinois River basins, from Cairo, Illinois, to the
headwaters of the Mississippi River, in the States of
Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The
designation includes the Kaskaskia watershed along the Illinois
River and the Meramec watershed along the Missouri River.
(2) The terms ``Upper Mississippi River Stewardship
Initiative'' and ``Initiative'' mean the activities authorized
or required by this Act to monitor nutrient and sediment loss
in the Upper Mississippi River Basin.
(3) The term ``sound science'' refers to the use of
accepted and documented scientific methods to identify and
quantify the sources, transport, and fate of nutrients and
sediment and to quantify the effect of various treatment
methods or conservation measures on nutrient and sediment loss.
Sound science requires the use of documented protocols for data
collection and data analysis, and peer review of the data,
results, and findings.
SEC. 3. RELIANCE ON SOUND SCIENCE.
It is the policy of Congress that Federal investments in the Upper
Mississippi River Basin must be guided by sound science.
TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK
SEC. 101. ESTABLISHMENT OF MONITORING NETWORK.
(a) Establishment.--As part of the Upper Mississippi River
Stewardship Initiative, the Secretary of the Interior shall establish a
sediment and nutrient monitoring network for the Upper Mississippi
River Basin for the purposes of--
(1) identifying and evaluating significant sources of
sediment and nutrients in the Upper Mississippi River Basin;
(2) quantifying the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water;
(3) quantifying the transport of those sediments and
nutrients to and through the Upper Mississippi River Basin;
(4) recording changes to sediment and nutrient loss over
time;
(5) providing coordinated data to be used in computer
modeling of the Basin, pursuant to section 201; and
(6) identifying major sources of sediment and nutrients
within the Basin for the purpose of targeting resources to
reduce sediment and nutrient loss.
(b) Role of United States Geological Survey.--The Secretary of the
Interior shall carry out this title acting through the office of the
Director of the United States Geological Survey.
SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES.
(a) Guidelines for Data Collection and Storage.--The Secretary of
the Interior shall establish guidelines for the effective design of
data collection activities regarding sediment and nutrient monitoring,
for the use of suitable and consistent methods for data collection, and
for consistent reporting, data storage, and archiving practices.
(b) Release of Data.--Data resulting from sediment and nutrient
monitoring in the Upper Mississippi River Basin shall be released to
the public using generic station identifiers and hydrologic unit codes.
In the case of a monitoring station located on private lands,
information regarding the location of the station shall not be
disseminated without the landowner's permission.
SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING.
(a) Inventory.--To the maximum extent practicable, the Secretary of
the Interior shall inventory the sediment and nutrient monitoring
efforts, in existence as of the date of the enactment of this Act, of
Federal, State, local, and nongovernmental entities for the purpose of
creating a baseline understanding of overlap, data gaps and
redundancies.
(b) Integration.--On the basis of the inventory, the Secretary of
the Interior shall integrate the existing sediment and nutrient
monitoring efforts, to the maximum extent practicable, into the
sediment and nutrient monitoring network required by section 101.
(c) Consultation and Use of Existing Data.--In carrying out this
section, the Secretary of the Interior shall make maximum use of data
in existence as of the date of the enactment of this Act and of ongoing
programs and efforts of Federal, State, tribal, local, and
nongovernmental entities in developing the sediment and nutrient
monitoring network required by section 101.
(d) Coordination With Long-Term Estuary Assessment Project.--The
Secretary of the Interior shall carry out this section in coordination
with the long-term estuary assessment project authorized by section 902
of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33
U.S.C. 2901 note).
SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING
EFFORTS.
To establish the sediment and nutrient monitoring network, the
Secretary of the Interior shall collaborate, to the maximum extent
practicable, with other Federal, State, tribal, local and private
sediment and nutrient monitoring programs that meet guidelines
prescribed under section 102(a), as determined by the Secretary.
SEC. 105. REPORTING REQUIREMENTS.
The Secretary of the Interior shall report to Congress not later
than 180 days after the date of the enactment of this Act on the
development of the sediment and nutrient monitoring network.
SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT.
The National Research Council of the National Academy of Sciences
shall conduct a comprehensive water resources assessment of the Upper
Mississippi River Basin.
TITLE II--COMPUTER MODELING AND RESEARCH
SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT
SOURCES.
(a) Modeling Program Required.--As part of the Upper Mississippi
River Stewardship Initiative, the Director of the United States
Geological Survey shall establish a modeling program to identify
significant sources of sediment and nutrients in the Upper Mississippi
River Basin.
(b) Role.--Computer modeling shall be used to identify
subwatersheds which are significant sources of sediment and nutrient
loss and shall be made available for the purposes of targeting public
and private sediment and nutrient reduction efforts.
(c) Components.--Sediment and nutrient models for the Upper
Mississippi River Basin shall include the following:
(1) Models to relate nutrient loss to landscape, land use,
and land management practices.
(2) Models to relate sediment loss to landscape, land use,
and land management practices.
(3) Models to define river channel nutrient transformation
processes.
(d) Collection of Ancillary Information.--Ancillary information
shall be collected in a GIS format to support modeling and management
use of modeling results, including the following:
(1) Land use data.
(2) Soils data.
(3) Elevation data.
(4) Information on sediment and nutrient reduction
improvement actions.
(5) Remotely sense data.
SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION.
Not later than 90 days after the date of the enactment of this Act,
the Director of the United States Geological Survey shall establish a
system that uses the telecommunications medium known as the Internet to
provide information regarding the following:
(1) Public and private programs designed to reduce sediment
and nutrient loss in the Upper Mississippi River Basin.
(2) Information on sediment and nutrient levels in the
Upper Mississippi River and its tributaries.
(3) Successful sediment and nutrient reduction projects.
SEC. 203. REPORTING REQUIREMENTS.
(a) Monitoring Activities.--Commencing one year after the date of
the enactment of this Act, the Director of the United States Geological
Survey shall provide to Congress and make available to the public an
annual report regarding monitoring activities conducted in the Upper
Mississippi River Basin.
(b) Modeling Activities.--Every three years, the Director of the
United States Geological Survey shall provide to Congress and make
available to the public a progress report regarding modeling
activities.
TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(a) United States Geological Survey Activities.--There is
authorized to be appropriated to the United States Geological Survey
$6,250,000 each fiscal year to carry out this Act (other than section
106). Of the amounts appropriated for a fiscal year pursuant to this
authorization of appropriations, one-third shall be made available for
the United States Geological Survey Cooperative Water Program and the
remainder shall be made available for the United States Geological
Survey Hydrologic Networks and Analysis Program.
(b) Water Resource and Water Quality Management Assessment.--There
is authorized to be appropriated $650,000 to allow the National
Research Council to perform the assessment required by section 106.
SEC. 302. COST-SHARING REQUIREMENTS.
Funds made available for the United States Geological Survey
Cooperative Water Program under section 301(a) shall be subject to the
same cost-sharing requirements as specified in the last proviso under
the heading ``united states geological survey-surveys, investigations,
and research'' of the Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat.
510; 43 U.S.C. 50). | Upper Mississippi River Basin Protection Act - Directs the Secretary of the Interior, acting through the United States Geological Survey (USGS), to establish a nutrient and sediment monitoring network for the Upper Mississippi River Basin.
Directs the Secretary to: (1) establish guidelines for related data collection and storage activities; (2) inventory the sediment and monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (3) collaborate with other public and private monitoring efforts in establishing the monitoring program.Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin. Requires the Director of the USGS to establish: (1) a computer modeling program of nutrient and sediment sources in the Basin; and (2) an Internet-based system to distribute information about nutrient and sediment loss reduction projects and nutrient and sediment levels in the Upper Mississippi River and its tributaries. | {"src": "billsum_train", "title": "A bill to promote Department of the Interior efforts to provide a scientific basis for the management of sediment and nutrient loss in the Upper Mississippi River Basin, and for other purposes."} | 2,375 | 210 | 0.610594 | 1.767112 | 0.780484 | 3.73262 | 10.743316 | 0.951872 |
SECTION 1. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR
SUSPICIOUS BEHAVIOR AND RESPONSE.
(a) Immunity for Reports of Suspected Terrorist Activity or
Suspicious Behavior.--
(1) In general.--Any person, who, in good faith and based
on objectively reasonable suspicion, makes, or causes to be
made, a voluntary report based of covered activity to an
authorized official shall be immune from civil liability under
any Federal, State, or local law for such report.
(2) False reports.--Paragraph (1) shall not apply to any
report that the person knew to be false or was made with
reckless disregard for the truth at the time that person made
the report.
(b) Immunity for Response.--
(1) In general.--
(A) Immunity.--Any authorized official who
observes, or receives a report of, covered activity and
takes reasonable action in good faith to respond to
such activity shall have qualified immunity from civil
liability for such action, consistent with applicable
law in the relevant jurisdiction.
(B) Additional immunity.--An authorized official
described in subsection (d)(1)(A) not entitled to
assert the defense of qualified immunity shall be
immune from civil liability under Federal, State, and
local law if such authorized official takes reasonable
action, in good faith, to respond to the reported
activity.
(2) Savings clause.--Nothing in this subsection shall--
(A) affect the ability of any authorized official
to assert any defense, privilege, or immunity that
would otherwise be available; and
(B) be construed as affecting any such defense.
(c) Attorney Fees and Costs.--Any person or authorized official
found to be immune from civil liability under this section shall be
entitled to recover from the plaintiff all reasonable costs and
attorney fees.
(d) Definitions.--In this section:
(1) Authorized official.--The term ``authorized official''
means--
(A) any employee or agent of a passenger
transportation system or other person with
responsibilities relating to the security of such
systems;
(B) any officer, employee, or agent of the
Department of Homeland Security, the Department of
Transportation, or the Department of Justice with
responsibilities relating to the security of passenger
transportation systems; or
(C) any Federal, State, or local law enforcement
officer.
(2) Covered activity.--The term ``covered activity'' means
any suspicious transaction, activity, or occurrence that
involves, or is directed against, a passenger transportation
system or vehicle or its passengers indicating that an
individual may be engaging, or preparing to engage, in a
violation of law relating to--
(A) a threat to a passenger transportation system
or passenger safety or security; or
(B) an act of terrorism (as that term is defined in
section 3077 of title 18, United States Code).
(3) Passenger transportation.--The term ``passenger
transportation'' means--
(A) public transportation, as defined in section
5302 of title 49, United States Code;
(B) over-the-road bus transportation and school bus
transportation;
(C) intercity passenger rail transportation as
defined in section 24102 of title 49, United States
Code;
(D) the transportation of passenger vessel as
defined in section 2101 of title 46, United States
Code;
(E) other regularly scheduled waterborne
transportation service of passengers by vessel of at
least 20 gross tons; and
(F) air transportation, as defined in section 40102
of title 49, United States Code, of passengers.
(4) Passenger transportation system.--The term ``passenger
transportation system'' means an entity or entities organized
to provide passenger transportation using vehicles, including
the infrastructure used to provide such transportation.
(5) Vehicle.--The term ``vehicle'' has the meaning given to
that term in section 1992(16) of title 18, United States Code.
(6) Effective date.--This section shall take effect
immediately upon the date of enactment of this Act, and shall
apply to all activities and claims occurring on or after such
date. | Grants immunity from civil liability to: (1) persons who, in good faith and based on an objectively reasonable suspicion, report suspicious activity involving or directed against a passenger transportation system, a threat to such system or to passenger safety or security, or an act of terrorism; and (2) passenger transportation security system employees or agents and other federal employees with transportation security responsibilities who take reasonable actions, in good faith, to respond to reported threats. | {"src": "billsum_train", "title": "A bill to provide limited immunity for reports of suspected terrorist activity or suspicious behavior and response."} | 903 | 93 | 0.628143 | 1.671698 | 1.192908 | 2.931818 | 9.454545 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vegetable Oil Use Promotion Act''.
SEC. 2. PROMOTION OF INCREASED DEMAND FOR AND USE OF VEGETABLE OILS
DERIVED FROM CERTAIN OILSEEDS.
(a) Vegetable Oil Industrial Products Fund.--
(1) Establishment.--There is established within the
Commodity Credit Corporation a fund to be known as the
``Vegetable Oil Industrial Products Fund'', which shall to be
administered and used by the Secretary of Agriculture to carry
out subsection (b).
(2) Contents of fund.--The Fund shall consist of amounts
deposited in the Fund by the Secretary in each of the fiscal
years 1995 through 2000 from amounts available to the Commodity
Credit Corporation, as follows:
(A) $7,800,000 for fiscal year 1995.
(B) $15,500,000 for fiscal year 1996.
(C) $23,300,000 for fiscal year 1997.
(D) $31,100,000 for fiscal year 1998.
(E) $38,900,000 for fiscal year 1999.
(F) $46,700,000 for fiscal year 2000.
(3) Availability of fund.--Amounts in the Fund shall remain
available to the Secretary until expended.
(b) Use of Fund To Promote Industrial Products Containing Vegetable
Oils.--The Secretary shall use amounts in the Fund to make grants to
promote the increased commercial use of industrial products that
contain, as an ingredient, vegetable oils produced from eligible
oilseeds. For each fiscal year in which amounts are available in the
Fund, the Secretary shall solicit grant applications from persons whose
manufacturing operations are located in the United States and that
desire financial assistance to begin or expand production of such
industrial products. The applications shall be in such form, shall
contain such information, and shall be submitted at such time, as the
Secretary may prescribe. On the basis of such applications, the
Secretary shall select as grant recipients to the extent practicable
those persons whose manufacturing operations will use the greatest
possible amount of vegetable oils produced from eligible oilseeds in
comparison to the amount of assistance requested.
(c) Limitation on Amount of Assistance.--A person may not receive
more than 10 percent of the total assistance provided by the Secretary
in any fiscal year from the Fund.
(d) Annual Estimates of Vegetable Oil Stocks.--Not later than
October 1 and April 1 of each fiscal year, the Secretary shall announce
an estimate of--
(1) the amount of vegetable oil to be produced in the
United States from oilseeds grown in the United States and
consumed domestically or exported from the United States during
that fiscal year; and
(2) the amount of such vegetable oil likely to remain
available in public and private stocks in the United States at
the end of the marketing year.
(e) Activities To Increase Demand for Vegetable Oil.--If the
October 1 estimate of end-of-year stocks of vegetable oil produced in
the United States from oilseeds grown in the United States, as a
percentage of total domestic and export demand, exceeds the average
percentage of end-of-year stocks to total demand during fiscal years
1985 through 1994, the Secretary shall use existing authorities to
promote an increase in domestic and export demand for such vegetable
oil by an amount that will prevent end-of-year stocks from exceeding
this level. If the April 1 estimate indicates a significant change in
the stocks to use ratio from the October 1 estimate, the Secretary
shall adjust the vegetable oil demand expansion activities to reflect
this change. The authorities that the Secretary may use to effect an
increase in domestic and export demand for such vegetable oil shall
include the following:
(1) Purchasing for donation to meet critical human dietary
needs in developing countries.
(2) Purchasing for donation to emerging democracies, with
the proceeds from any subsequent sale required to be used for
economic development, infrastructure improvements, or
activities that foster development of markets for United States
agricultural products in recipient countries.
(3) Purchasing for donation or discounted sale to producers
of industrial products that contain, as an ingredient,
vegetable oils produced from eligible oilseeds, to promote the
increased commercial use of such products.
(f) Definitions.--For purposes of this section:
(1) Fund.--The term ``Fund'' means the Vegetable Oil
Industrial Products Fund.
(2) Oilseeds.--The term ``oilseeds'' means soybeans, corn,
cottonseed, sunflower seed, flaxseed, canola, rapeseed,
safflower, and mustard seed.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture. | Vegetable Oil Use Promotion Act - Establishes in the Commodity Credit Corporation the Vegetable Oil Industrial Products Fund to promote industrial products containing vegetable oils from specified oilseeds.
Directs the Secretary of Agriculture to: (1) make annual estimates of vegetable oil stocks; and (2) engage in activities, including purchases, to increase vegetable oil consumption and demand if stocks exceed certain limits. | {"src": "billsum_train", "title": "Vegetable Oil Use Promotion Act"} | 1,000 | 82 | 0.596773 | 1.550828 | 1.011336 | 2.643836 | 12.60274 | 0.863014 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Small Business Tax
Extenders Act of 2012''.
(b) References.--Except as otherwise expressly provided, whenever
in this Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provision of the
Internal Revenue Code of 1986.
SEC. 2. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON
CERTAIN SMALL BUSINESS STOCK.
(a) In General.--Paragraph (4) of section 1202(a) is amended--
(1) by striking ``January 1, 2012'' and inserting ``January
1, 2013'', and
(2) by striking ``and 2011'' and inserting ``, 2011, and
2012'' in the heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to stock acquired after December 31, 2011.
SEC. 3. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF
ELIGIBLE SMALL BUSINESSES.
(a) In General.--Subparagraph (A) of section 39(a)(4) is amended by
inserting ``, 2011, or 2012'' after ``2010''.
(b) Effective Date.--The amendment made by this section shall apply
to credits determined in taxable years beginning after December 31,
2010.
SEC. 4. EXTENSION OF ALTERNATIVE MINIMUM TAX RULES FOR GENERAL BUSINESS
CREDITS OF ELIGIBLE SMALL BUSINESSES.
(a) In General.--Subparagraph (A) of section 38(c)(5) is amended by
inserting ``, 2011, or 2012'' after ``2010''.
(b) Effective Date.--The amendments made by this section shall
apply to credits determined in taxable years beginning after December
31, 2010, and to carrybacks of such credits.
SEC. 5. EXTENSION OF REDUCTION IN RECOGNITION PERIOD FOR BUILT-IN GAINS
TAX.
(a) In General.--Clause (ii) of section 1374(d)(7)(B) of the
Internal Revenue Code of 1986 is amended by inserting ``2012, or
2013,'' after ``2011,''.
(b) Conforming Amendment.--The heading for section 1374(d)(7)(B) is
amended by striking ``and 2011'' and inserting ``2011, and 2012''.
(c) Technical Amendment.--Subparagraph (B) of section 1374(d)(7) of
such Code is amended by striking ``The preceding sentence'' and
inserting the following: ``For purposes of applying this subparagraph
to an installment sale, each portion of such installment sale shall be
treated as a sale occurring in the taxable year in which the first
portion of such installment sale occurred. This subparagraph''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 6. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF
CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.
(a) In General.--Section 179(b) is amended--
(1) by striking ``2010 or 2011'' each place it appears in
paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or
2012'',
(2) by striking ``2012'' each place it appears in paragraph
(1)(C) and (2)(C) and inserting ``2013'', and
(3) by striking ``2012'' each place it appears in paragraph
(1)(D) and (2)(D) and inserting ``2013''.
(b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) is
amended by striking ``2012'' and inserting ``2013''.
(c) Computer Software.--Section 179(d)(1)(A)(ii) is amended by
striking ``2013'' and inserting ``2014''.
(d) Election.--Section 179(c)(2) is amended by striking ``2013''
and inserting ``2014''.
(e) Special Rules for Treatment of Qualified Real Property.--
Section 179(f)(1) is amended by striking ``2010 or 2011'' and inserting
``2010, 2011, or 2012''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 7. EXTENSION OF SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING.
(a) In General.--Clause (ii) of section 460(c)(6)(B) is amended by
striking ``January 1, 2011 (January 1, 2012'' and inserting ``January
1, 2013 (January 1, 2014''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2010.
SEC. 8. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR START-
UP EXPENDITURES.
(a) In General.--Paragraph (3) of section 195(b) is amended--
(1) by inserting ``, 2001, or 2012'' after ``2010'', and
(2) by inserting ``2011, and 2012'' in the heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2010.
SEC. 9. EXTENSION OF ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN
COMPUTING SELF-EMPLOYMENT TAXES.
(a) In General.--Paragraph (4) of section 162(l) is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2012''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010. | Small Business Tax Extenders Act of 2012 - Amends the Internal Revenue Code to extend through 2012: (1) the 100% exclusion from gross income of gain from the sale or exchange of certain small business stock; (2) the five-year carryback of the general business tax credits of eligible small businesses; (3) the offset against the alternative minimum tax (AMT) of general business tax credits; (4) the reduction (from seven to five years) in the recognition period for the built-in gains of S corporations; (5) the increased expensing allowance for depreciable business assets, including computer software; (6) the special tax rule for long-term contract accounting; (7) the increased tax deduction for small business start-up expenditures; and (8) the tax deduction for health insurance premiums in computing self-employment taxable income. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend certain provisions of the Creating Small Business Jobs Act of 2010, and for other purposes."} | 1,455 | 175 | 0.555079 | 1.454744 | 0.846826 | 2.011696 | 6.51462 | 0.830409 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Immigration Enforcement
Partnerships Act of 2008''.
SEC. 2. STATE DEFINED.
In this Act, the term ``State'' has the meaning given the term in
section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(36)).
SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES
AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to investigate, identify, apprehend, arrest,
detain, or transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State lines to
detention centers), for the purpose of assisting in the enforcement of
the immigration laws of the United States in the normal course of
carrying out their law enforcement duties. This State authority has
never been displaced or preempted by Federal law.
SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commissioner, United States
Customs and Border Protection shall provide the National Crime
Information Center of the Department of Justice with any
information in the possession of the Commissioner that is
related to--
(A) any alien against whom a final order of removal
has been issued;
(B) any alien who is subject to a voluntary
departure agreement;
(C) any alien who has remained in the United States
beyond the alien's authorized period of stay; and
(D) any alien whose visa has been revoked.
(2) Requirement to provide and use information.--The
information described in paragraph (1) shall be provided to the
National Crime Information Center, and the Center shall enter
the information into the Immigration Violators File of the
National Crime Information Center database, regardless of
whether--
(A) the alien received notice of a final order of
removal;
(B) the alien has already been removed; or
(C) sufficient identifying information is available
for the alien, such as a physical description of the
alien.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation, sufficient identifying information is available for
the alien, or the alien has already been removed; and.''.
(c) Permission To Depart Voluntarily.--Section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120'' and
inserting ``30''.
SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 240C the
following:
``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.
``(a) In General.--If the head of a law enforcement entity of a
State (or, if appropriate, a political subdivision of the State)
exercising authority with respect to the apprehension or arrest of an
illegal alien, submits a request to the Secretary of Homeland Security
that the alien be taken into Federal custody, the Secretary shall--
``(1)(A) not later than 72 hours after the conclusion of
the State charging process or dismissal process, or if no State
charging or dismissal process is required, not later than 72
hours after the illegal alien is apprehended, take the illegal
alien into the custody of the Federal Government and
incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily detain or transport the illegal
alien to a location for transfer to Federal custody; and
``(2) designate at least 1 Federal, State, or local prison
or jail or a private contracted prison or detention facility
within each State as the central facility for law enforcement
entities of that State to transfer custody of criminal or
illegal aliens to the Department of Homeland Security.
``(b) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State or a political subdivision of a State for all
reasonable expenses, as determined by the Secretary, incurred
by the State or political subdivision in the detention and
transportation of a criminal or illegal alien under subsection
(a)(1).
``(2) Cost computation.--The amount reimbursed for costs
incurred under subsection (a)(1) shall be equal to the sum of--
``(A) the product of--
``(i) the average cost of incarceration of
a prisoner in the relevant State, as determined
by the chief executive officer of a State (or,
as appropriate, a political subdivision of the
State); and
``(ii) the number of days that the alien
was in the custody of the State or political
subdivision; and
``(B) the cost of transporting the criminal or
illegal alien from the point of apprehension or arrest
to--
``(i) the location of detention; and
``(ii) if the location of detention and of
custody transfer are different, to the custody
transfer point.
``(c) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that illegal aliens incarcerated in
Federal facilities under this subsection are held in facilities which
provide an appropriate level of security.
``(d) Requirement for Schedule.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Authority for contracts.--The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement and detention officials to implement this
subsection.
``(e) Illegal Alien Defined.--In this section, the term `illegal
alien' means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) was admitted as a nonimmigrant and, at the time the
alien was taken into custody by the State or political
subdivision, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of the status
described in subparagraph (A);
``(3) was admitted as an immigrant and subsequently failed
to comply with the requirements of that status; or
``(4) failed to depart the United States as required under
a voluntary departure agreement or under a final order of
removal.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention
and removal of aliens not lawfully present in the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal
year 2009 and for each subsequent fiscal year.
SEC. 6. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide.--
(1) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall publish--
(A) a training manual for State and local law
enforcement personnel to train such personnel in the
investigation, identification, apprehension, arrest,
detention, and transfer to Federal custody of aliens in
the United States, including--
(i) the transportation of such aliens
across State lines to detention centers; and
(ii) the identification of fraudulent
documents; and
(B) an immigration enforcement pocket guide for
State and local law enforcement personnel to provide a
quick reference for such personnel in the course of
duty.
(2) Availability.--The training manual and pocket guide
published under paragraph (1) shall be made available to all
State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection may be
construed to require State or local law enforcement personnel
to keep the training manual or pocket guide with them while on
duty.
(4) Costs.--The Secretary shall be responsible for all
costs incurred in the publication of the training manual and
pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make available training of State and local law enforcement
officers through as many means as possible, including--
(A) residential training at--
(i) the Federal Law Enforcement Training
Center of the Department of Homeland Security
in Glynco, Georgia; and
(ii) the Center for Domestic Preparedness
of the Department of Homeland Security;
(B) onsite training held at State or local police
agencies or facilities;
(C) online training courses by computer,
teleconferencing, and videotape; and
(D) recording training courses on DVD.
(2) Online training.--The head of the Distributed Learning
Program of the Federal Law Enforcement Training Center shall
make training available for State and local law enforcement
personnel via the Internet through a secure, encrypted
distributed learning system that--
(A) has all its servers based in the United States;
(B) is sealable and survivable; and
(C) is capable of having a portal in place not
later than 30 days after the date of the enactment of
this Act.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section may not
displace the training of Federal personnel.
(c) Clarification.--Nothing in this Act or in any other provision
of law may be construed as making any immigration-related training a
requirement for, or a prerequisite to, any State or local law
enforcement officer exercising the inherent authority of the officer to
investigate, identify, apprehend, arrest, detain, or transfer to
Federal custody illegal aliens during the normal course of carrying out
the law enforcement duties of the officer.
(d) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``Such training may not exceed 14 days or 80 hours, whichever
is longer.''.
SEC. 7. IMMUNITY.
(a) Personal Immunity.--
(1) In general.--Notwithstanding any other provision of
law, a law enforcement officer of a State or of a political
subdivision of a State, shall be immune from personal liability
arising out of the enforcement of any immigration law to the
same extent as a Federal law enforcement officer.
(2) Applicability.--The immunity provided under paragraph
(1) only applies to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of the
officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
law enforcement agency of a State, or of a political subdivision of a
State, shall be immune from any claim for money damages based on
Federal, State, or local civil rights law for an incident arising out
of the enforcement of any immigration law, except to the extent that
the law enforcement officer of that agency, whose action the claim
involves, committed a violation of Federal, State, or local criminal
law in the course of enforcing such immigration law.
SEC. 8. CRIMINAL ALIEN PROGRAM.
(a) Continuation.--
(1) In general.--The Secretary of Homeland Security shall
continue to operate the program commonly known as the Criminal
Alien Program by--
(A) identifying all removable criminal aliens in
Federal and State correctional facilities;
(B) ensuring that aliens identified under
subparagraph (A) are not released into the United
States; and
(C) removing aliens identified under subparagraph
(A) from the United States after the completion of
their sentences.
(2) Expansion.--Not later than 9 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall expand the Criminal Alien Program to all States.
(3) State responsibilities.--Appropriate officials of each
State that receives Federal funds for the incarceration of
criminal aliens shall--
(A) cooperate with the Federal officials who carry
out the Criminal Alien Program;
(B) expeditiously and systematically identify
criminal aliens in the State's prison and jail
populations; and
(C) promptly convey information regarding such
aliens to the Federal officials who carry out the
Criminal Alien Program as a condition for receiving
such Federal funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--State and local law enforcement officers are
authorized to--
(1) hold an illegal alien for a period not to exceed 14
days after the alien has completed the alien's State prison
sentence in order to effectuate the transfer of the alien to
Federal custody when the alien is removable or not lawfully
present in the United States; and
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from United States Immigration and
Customs Enforcement take the alien into custody.
(c) Technology Usage.--
(1) In general.--The Secretary of Homeland Security shall
use available technology, including videoconferencing, to the
maximum extent possible, in order to make the Criminal Alien
Program available in remote locations.
(2) Mobile access.--Mobile access to Federal databases of
aliens, such as the IDENT database maintained by the Secretary
of Homeland Security, and live scan technology shall be used to
the maximum extent practicable in order to make these resources
available to State and local law enforcement agencies in remote
locations.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Criminal Alien Program--
(1) $40,000,000 for fiscal year 2009;
(2) $50,000,000 for fiscal year 2010;
(3) $60,000,000 for fiscal year 2011;
(4) $70,000,000 for fiscal year 2012; and
(5) $80,000,000 for fiscal year 2013 and each succeeding
fiscal year.
SEC. 9. CONSTRUCTION.
Nothing in this Act may be construed to require State or local law
enforcement personnel to--
(1) report the identity of a victim of, or a witness to, a
criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes;
(2) arrest such victim or witness for a violation of the
immigration laws of the United States; or
(3) enforce the immigration laws of the United States. | Effective Immigration Enforcement Partnerships Act of 2008 - States that state and local law enforcement personnel are fully authorized in the normal course of their duties to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws.
Provides for the listing of immigration violators in the National Crime Information Center database.
Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local enforcement entity request; and (2) state or local compensation for related incarceration and transportation costs.
Directs the Secretary of Homeland Security to establish immigration-related training for state and local personnel.
Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement.
Authorizes a state or locality to: (1) detain an illegal alien after completion of such alien's state prison sentence for up to 14 days to facilitate federal transfer; and (2) issue a detainer that would allow the detention of aliens who have served such a sentence until taken into federal custody.
States that nothing in this Act may be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense for immigration enforcement purposes; (2) arrest such victim or witness for an immigration violation; or (3) enforce U.S. immigration laws. | {"src": "billsum_train", "title": "A bill to provide for enhanced Federal enforcement of, and State and local assistance in the enforcement of, the immigration laws of the United States, and for other purposes."} | 3,565 | 372 | 0.598128 | 1.802247 | 0.830164 | 4.350299 | 9.592814 | 0.937126 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Evidence-Based Policymaking
Commission Act of 2016''.
SEC. 2. ESTABLISHMENT.
There is established in the executive branch a commission to be
known as the ``Commission on Evidence-Based Policymaking'' (in this Act
referred to as the ``Commission'').
SEC. 3. MEMBERS OF THE COMMISSION.
(a) Number and Appointment.--The Commission shall be comprised of
15 members as follows:
(1) Three shall be appointed by the President, of whom--
(A) one shall be an academic researcher, data expert, or
have experience in administering programs;
(B) one shall be an expert in protecting personally-
identifiable information and data minimization; and
(C) one shall be the Director of the Office of Management
and Budget (or the Director's designee).
(2) Three shall be appointed by the Speaker of the House of
Representatives, of whom--
(A) two shall be academic researchers, data experts, or
have experience in administering programs; and
(B) one shall be an expert in protecting personally-
identifiable information and data minimization.
(3) Three shall be appointed by the Minority Leader of the
House of Representatives, of whom--
(A) two shall be academic researchers, data experts, or
have experience in administering programs; and
(B) one shall be an expert in protecting personally-
identifiable information and data minimization.
(4) Three shall be appointed by the Majority Leader of the
Senate, of whom--
(A) two shall be academic researchers, data experts, or
have experience in administering programs; and
(B) one shall be an expert in protecting personally-
identifiable information and data minimization.
(5) Three shall be appointed by the Minority Leader of the
Senate, of whom--
(A) two shall be academic researchers, data experts, or
have experience in administering programs; and
(B) one shall be an expert in protecting personally-
identifiable information and data minimization.
(b) Expertise.--In making appointments under this section,
consideration should be given to individuals with expertise in
economics, statistics, program evaluation, data security,
confidentiality, or database management.
(c) Chairperson and Co-Chairperson.--The President shall select the
chairperson of the Commission and the Speaker of the House of
Representatives shall select the co-chairperson.
(d) Timing of Appointments.--Appointments to the Commission shall
be made not later than 45 days after the date of enactment of this Act.
(e) Terms; Vacancies.--Each member shall be appointed for the
duration of the Commission. Any vacancy in the Commission shall not
affect its powers, and shall be filled in the manner in which the
original appointment was made.
(f) Compensation.--Members of the Commission shall serve without
pay.
(g) Travel Expenses.--Each member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
SEC. 4. DUTIES OF THE COMMISSION.
(a) Study of Data.--The Commission shall conduct a comprehensive
study of the data inventory, data infrastructure, database security,
and statistical protocols related to Federal policymaking and the
agencies responsible for maintaining that data to--
(1) determine the optimal arrangement for which administrative
data on Federal programs and tax expenditures, survey data, and
related statistical data series may be integrated and made
available to facilitate program evaluation, continuous improvement,
policy-relevant research, and cost-benefit analyses by qualified
researchers and institutions while weighing how integration might
lead to the intentional or unintentional access, breach, or release
of personally-identifiable information or records;
(2) make recommendations on how data infrastructure, database
security, and statistical protocols should be modified to best
fulfill the objectives identified in paragraph (1); and
(3) make recommendations on how best to incorporate outcomes
measurement, institutionalize randomized controlled trials, and
rigorous impact analysis into program design.
(b) Clearinghouse.--In undertaking the study required by subsection
(a), the Commission shall--
(1) consider whether a clearinghouse for program and survey
data should be established and how to create such a clearinghouse;
and
(2) evaluate--
(A) what administrative data and survey data are relevant
for program evaluation and Federal policy-making and should be
included in a potential clearinghouse;
(B) which survey data the administrative data identified in
subparagraph (A) may be linked to, in addition to linkages
across administrative data series, including the effect such
linkages may have on the security of those data;
(C) what are the legal and administrative barriers to
including or linking these data series;
(D) what data-sharing infrastructure should be used to
facilitate data merging and access for research purposes;
(E) how a clearinghouse could be self-funded;
(F) which types of researchers, officials, and institutions
should have access to data and what the qualifications of the
researchers, officials, and institutions should be;
(G) what limitations should be placed on the use of data
provided;
(H) how to protect information and ensure individual
privacy and confidentiality;
(I) how data and results of research can be used to inform
program administrators and policymakers to improve program
design;
(J) what incentives may facilitate interagency sharing of
information to improve programmatic effectiveness and enhance
data accuracy and comprehensiveness; and
(K) how individuals whose data are used should be notified
of its usages.
(c) Report.--Upon the affirmative vote of at least three-quarters
of the members of the Commission, the Commission shall submit to the
President and Congress a detailed statement of its findings and
conclusions as a result of the activities required by subsections (a)
and (b), together with its recommendations for such legislation or
administrative actions as the Commission considers appropriate in light
of the results of the study.
(d) Deadline.--The report under subsection (c) shall be submitted
not later than the date that is 15 months after the date a majority of
the members of the Commission are appointed pursuant to section 3.
(e) Definition.--In this section, the term ``administrative data''
means data--
(1) held by an agency or a contractor or grantee of an agency
(including a State or unit of local government); and
(2) collected for other than statistical purposes.
SEC. 5. OPERATION AND POWERS OF THE COMMISSION.
(a) Executive Branch Assistance.--The heads of the following
agencies shall advise and consult with the Commission on matters within
their respective areas of responsibility:
(1) The Bureau of the Census.
(2) The Internal Revenue Service.
(3) The Department of Health and Human Services.
(4) The Department of Agriculture.
(5) The Department of Housing and Urban Development.
(6) The Social Security Administration.
(7) The Department of Education.
(8) The Department of Justice.
(9) The Office of Management and Budget.
(10) The Bureau of Economic Analysis.
(11) The Bureau of Labor Statistics.
(12) Any other agency, as determined by the Commission.
(b) Meetings.--The Commission shall meet not later than 30 days
after the date upon which a majority of its members have been appointed
and at such times thereafter as the chairperson or co-chairperson shall
determine.
(c) Rules of Procedure.--The chairperson and co-chairperson shall,
with the approval of a majority of the members of the Commission,
establish written rules of procedure for the Commission, which shall
include a quorum requirement to conduct the business of the Commission.
(d) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(e) Contracts.--The Commission may contract with and compensate
government and private agencies or persons for any purpose necessary to
enable it to carry out this Act.
(f) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other agencies of the
Federal Government.
(g) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. FUNDING.
(a) In General.--Subject to subsection (b) and the availability of
appropriations--
(1) at the request of the Director of the Census, the agencies
identified as ``Principal Statistical Agencies'' in the report,
published by the Office of Management and Budget, entitled
``Statistical Programs of the United States Government, Fiscal Year
2015'' shall transfer funds, as specified in advance in
appropriations Acts and in a total amount not to exceed $3,000,000,
to the Bureau of the Census for purposes of carrying out the
activities of the Commission as provided in this Act; and
(2) the Bureau of the Census shall provide administrative
support to the Commission, which may include providing physical
space at, and access to, the headquarters of the Bureau of the
Census, located in Suitland, Maryland.
(b) Prohibition on New Funding.--No additional funds are authorized
to be appropriated to carry out this Act. This Act shall be carried out
using amounts otherwise available for the Bureau of the Census or the
agencies described in subsection (a)(1).
SEC. 7. PERSONNEL.
(a) Director.--The Commission shall have a Director who shall be
appointed by the chairperson with the concurrence of the co-
chairperson. The Director shall be paid at a rate of pay established by
the chairperson and co-chairperson, not to exceed the annual rate of
basic pay payable for level V of the Executive Schedule (section 5316
of title 5, United States Code).
(b) Staff.--The Director may appoint and fix the pay of additional
staff as the Director considers appropriate.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals which do not exceed the daily
equivalent of the annual rate of basic pay for a comparable position
paid under the General Schedule.
SEC. 8. TERMINATION.
The Commission shall terminate not later than 18 months after the
date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Evidence-Based Policymaking Commission Act of 2016 (Sec. 2) This bill establishes in the executive branch a Commission on Evidence-Based Policymaking. (Sec. 3) The bill provides for a 15 member Commission appointed by the President and congressional leaders with consideration given to individuals with expertise in economics, statistics, program evaluation, data security, confidentiality, or database management. (Sec. 4) The Commission must conduct a comprehensive study of the data inventory, data infrastructure, database security, and statistical protocols related to federal policymaking and the agencies responsible for maintaining that data to: determine the optimal arrangement for which administrative data on federal programs and tax expenditures, survey data, and related statistical data series may be integrated and made available to facilitate program evaluation, continuous improvement, policy-relevant research, and cost-benefit analyses; make recommendations on how data infrastructure, database security, and statistical protocols should be modified to best fulfill those objectives; and make recommendations on how best to incorporate outcomes measurement, institutionalize randomized controlled trials, and rigorous impact analysis into program design. The Commission shall consider whether a clearinghouse for program and survey data should be established and how to create such clearinghouse. The Commission shall evaluate: what administrative data and survey data are relevant for program evaluation and federal policy-making and should be included in a clearinghouse; which survey data such administrative data may be linked to, in addition to linkages across administrative data series; what are the legal and administrative barriers to including or linking these data series; what data-sharing infrastructure should be used to facilitate data merging and access for research purposes; how a clearinghouse could be self-funded; which researchers, officials, and institutions should have access to data; what limitations should be placed on the use of data; how to protect information and ensure individual privacy and confidentiality; how data and results of research can be used to inform program administrators and policymakers to improve program design; what incentives may facilitate interagency sharing of information to improve programmatic effectiveness and enhance data accuracy and comprehensiveness; and how individuals whose data are used should be notified of its usages. The Commission shall, upon the affirmative vote of at least three-quarters of its members, submit to the President and Congress a detailed statement of its findings and conclusions, together with its recommendations for appropriate legislation or administrative actions. (Sec. 5) The following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: the Bureau of the Census; the Internal Revenue Service; the Social Security Administration; the Departments of Health and Human Services, Agriculture, Housing and Urban Development, Education, and Justice; the Office of Management and Budget; the Bureau of Economic Analysis; and the Bureau of Labor Statistics. (Sec. 6) The agencies identified as Principal Statistical Agencies in the report entitled "Statistical Programs of the United States Government, Fiscal Year 2015," published by the Office of Management and Budget, shall transfer up to $3 million to the Bureau of the Census, upon request, for carrying out the activities of the Commission. The Bureau of the Census shall provide administrative support to the Commission. No additional funds may be authorized to carry out this Act. (Sec. 8) The Commission shall terminate not later than 18 months after enactment of this Act. | {"src": "billsum_train", "title": "Evidence-Based Policymaking Commission Act of 2016"} | 2,288 | 691 | 0.561478 | 2.006203 | 0.764426 | 6.12708 | 3.329803 | 0.94705 |
SECTION 1. ESTABLISHMENT OF COMMISSION ON THE ROLES AND CAPABILITIES OF
THE UNITED STATES INTELLIGENCE COMMUNITY.
There is hereby established a commission to be known as the
Commission on the roles and capabilities of the United States
intelligence community (hereinafter referred to as the ``Commission'').
For purposes of this section the term ``intelligence community'' shall
have the same meaning as set forth in section 401a(4) of title 50,
United States Code.
SEC. 2. COMPOSITION AND QUALIFICATIONS.
(a) The Commission shall be composed of eleven members, seven of
whom shall be private United States citizens appointed by the
President; two of whom shall be Members of the United States Senate,
one of whom shall be appointed by the majority leader of the Senate and
one of whom shall be appointed by the minority leader of the Senate, in
consultation with the chairman and vice chairman, respectively, of the
Select Committee on Intelligence; and two of whom shall be Members of
the United States House of Representatives, one of whom shall be
appointed by the Speaker of the House of Representatives and one of
whom shall be appointed by the minority leader of the House of
Representatives, in consultation with the chairman and ranking minority
member, respectively, of the Permanent Select Committee on
Intelligence.
(b) The private members of the Commission shall be appointed from
among persons of demonstrated ability and accomplishment in government,
business, law, academe, journalism, or other profession, a majority of
whom shall not have previously held senior leadership positions in the
intelligence community.
(c) The President shall designate a private member as Chairman of
the Commission.
SEC. 3. PERIOD OF APPOINTMENT; VACANCIES.
Members shall be appointed for the life of the Commission. Any
vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner as the original appointments.
SEC. 4. INITIAL ORGANIZATIONAL REQUIREMENTS.
(a) The appointments required by section 2 shall be made within 45
days after the effective date of this Act.
(b) Appropriate security clearances shall be required for members
of the Commission who are private United States citizens. Such
clearances shall be processed and completed on an expedited basis by
appropriate elements of the executive branch, and shall in any case be
completed within 45 days of the date such members are appointed.
(c) The Commission shall convene its first meeting within four
months of the effective date of this Act.
SEC. 5. DUTIES OF THE COMMISSION.
(a) In general, it shall be the duty of the Commission to review
the efficacy and appropriateness of the activities of the United States
intelligence community in the post-cold war global environment and to
issue a report which sets forth the Commission's recommendations with
respect to the roles and capabilities which are required by the United
States for the foreseeable future.
(b) In carrying out the mandate of subsection (a), the Commission
shall specifically consider the following:
(1) What should be the roles and missions of the
intelligence community in terms of providing support to the
defense and foreign policy establishments.
(2) Whether the roles and missions of the intelligence
community should extend beyond the traditional areas of
providing support to the defense and foreign policy
establishments, and, if so, what areas should be considered
legitimate for intelligence-gathering and analysis, for
example, economic issues, environmental issues, health issues.
(3) What functions, if any, should continue to be assigned
the Central Intelligence Agency and what capabilities should it
retain for the future.
(4) Whether the existing organization and management
framework of the Central Intelligence Agency provide the
optimal structure for the accomplishment of its mission.
(5) Whether existing principles and strategies governing
the acquisition and maintenance of intelligence collection
capabilities should be retained and what collection
capabilities should the Government retain to meet future
contingencies.
(6) Whether intelligence analysis, as it is currently
structured and executed, adds sufficient value to information
otherwise available to the Government to justify its
continuation, and, if so, at what level of resources.
(7) Whether the existing decentralized system of
intelligence analysis results in significant waste or
duplication, and, if so, what can be done to correct these
deficiencies.
(8) Whether the existing arrangements for allocating
available resources to accomplish the roles and missions
assigned to intelligence agencies are adequate.
(9) Whether the existing framework for coordinating
intelligence collection and analysis among elements of the
intelligence community and for coordinating other activities of
intelligence agencies, for example, training, operational
activity, et cetera, provides an optimal structure for such
coordination.
(10) Whether current personnel policies and practices of
intelligence agencies provide an optimal work force to satisfy
the needs of intelligence consumers.
(11) Whether resources for intelligence activities should
continue to be allocated as part of the defense budget or be
treated by the President and Congress as a separate budgetary
program.
(12) Whether the existing levels of resources allocated for
intelligence-gathering or intelligence analysis, or to provide
a capability to conduct covert actions, are seriously at
variance with United States needs.
(13) Whether there are areas of redundant or overlapping
activity or areas where there is evidence of serious waste,
duplication, or mismanagement.
(14) To what extent, if any, should the budget for United
States intelligence activities be publicly disclosed.
(15) To what extent, if any, should United States
intelligence collect information bearing upon private
commercial activity and how should such information be
controlled and disseminated.
(16) Whether counterintelligence policies and practices are
adequate to ensure that employees of intelligence agencies are
sensitive to security problems, and whether intelligence
agencies themselves have adequate authority and capability to
address perceived security problems.
(17) How the size, missions, capabilities, and resources of
the United States intelligence community compare to those of
the Governments of the United Kingdom, Canada, Australia,
France, Israel, Russia, and Germany.
(18) Whether existing collaborative arrangements between
the United States and other countries in the area of
intelligence cooperation should be maintained and whether such
arrangements should be expanded to provide for increased
burdensharing.
(19) Whether existing arrangements for sharing intelligence
with multinational organizations in support of mutually-shared
objectives are adequate.
SEC. 6. REPORTS.
(a) Not later than two months after the first meeting of the
Commission, the Commission shall transmit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives a report setting forth its
plan for the work of the Commission.
(b) The Commission, not later than December 31, 1996, shall submit
to the President and to the two committees named in subsection (1) a
report setting forth the activities, findings, and recommendations of
the Commission, including any recommendations for legislation that the
Commission considers advisable. To the extent feasible, such report
shall be unclassified and made available to the public. This report
shall be supplemented as necessary by a classified report or annex
which shall be provided separately to the recipients named herein.
SEC. 7. POWERS.
(a) The Commission or, at its direction, any panel or member of the
Commission, may, for the purpose of carrying out the provisions of this
section, hold hearings sit and act at times and places, take testimony,
receive evidence, and administer oaths to the extent that the
Commission or any panel or member considers advisable.
(b) The Commission may secure directly from the departments or
agencies within the intelligence community and from any other Federal
department or agency any information that the Commission considers
necessary to enable the Commission to carry out its responsibilities
under this section. Upon request of the Chairman of the Commission, the
head of such department or agency shall furnish such information
expeditiously to the Commission.
SEC. 8. COMMISSION PROCEDURES.
(a) The Commission shall meet at the call of the Chairman.
(b) Six members of the Commission shall constitute a quorum, but a
lesser number of members may hold hearings, take testimony, or receive
evidence.
(c) The Commission shall act by resolution agreed to by a majority
of the members of the Commission.
(d) The Commission may establish panels composed of less than the
full membership of the Commission for the purpose of carrying out the
Commission's duties. The actions of each such panel shall be subject to
the review and control of the Commission. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Commission unless approved by the
Commission.
SEC. 9. AUTHORITY OF INDIVIDUALS TO ACT FOR COMMISSION.
Any member or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is authorized to take
under this section.
SEC. 10. ADMINISTRATIVE MATTERS.
(a) Each member of the Commission who is a private United States
citizen shall be paid at a rate equal to the daily equivalent of the
annual rate of basic pay payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the Commission. All members of the
Commission who are Members of the Congress shall serve without pay.
(b) Each member of the Commission shall be allowed travel expenses,
including per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) The Chairman of the Commission may, without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service appoint a staff director and such additional
personnel as may be necessary to enable the Commission to perform its
duties. The appointment of a staff director shall be subject to the
approval of the Commission. No member of the staff shall be a current
officer or employee of the intelligence community.
(d) The Chairman of the Commission may fix the pay of the staff
director and other personnel without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General Schedule pay
rates, except that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title and the rate of pay
for other personnel may not exceed the maximum rate payable for grade
GS-15 of the General Schedule.
(e) Upon request of the Chairman of the Commission, the head of any
Federal department or agency may detail, on a non-reimbursable basis,
any personnel of that department or agency to the Commission to assist
it in carrying out its administrative and clerical functions, except
that no personnel shall be detailed to the staff of the Commission who
currently are officers or employees of an agency within the
intelligence community.
(f) The Chairman of the Commission may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, at rates for individuals which do not exceed the daily equivalent
of the annual rate of basic pay payable for level V of the Executive
Schedule under section 5316 of such title.
(g) The Commission may use the United States mails and obtain
printing and binding services in the same manner and under the same
conditions as other departments and agencies of the Federal Government.
(h) The Director of Central Intelligence shall furnish the
Commission, on a reimbursable basis, any administrative and support
services requested by the Commission consistent with this section.
SEC. 11. PAYMENT OF COMMISSION EXPENSES.
The compensation, travel expenses, per diem allowances of members
and employees of the Commission, and other expenses of the Commission
shall be paid out of funds available to the Director of Central
Intelligence for the payment of compensation, travel allowances, and
per diem allowances, respectively, of employees of the Central
Intelligence Agency.
SEC. 12. TERMINATION OF THE COMMISSION.
The Commission shall terminate one month after the date of the
submission of the report required by subsection (6)(b), or on January
31, 1997, whichever is later.
S 2258 IS----2
S 2258 IS----3 | Establishes a commission on the roles and capabilities of the United States intelligence community. Requires the Commission to: (1) review the efficacy and appropriateness of U.S. intelligence activities in the post-Cold War global environment; and (2) issue a report containing recommendations with respect to U.S. intelligence roles and capabilities for the foreseeable future. | {"src": "billsum_train", "title": "A bill to create a Commission on the Roles and Capabilities of the U.S. Intelligence Community, and for other purposes."} | 2,639 | 79 | 0.480807 | 1.261233 | 0.677441 | 4.184615 | 39.784615 | 0.892308 |
SECTION 1. REFUNDABLE CREDIT FOR CHILD DISABILITY EDUCATION AND
TRAINING EXPENSES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following new section:
``SEC. 35. CHILD DISABILITY EDUCATION AND TRAINING EXPENSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to the amount paid or incurred by
the taxpayer during the taxable year for qualified child disability
expenses.
``(b) Limitations.--
``(1) Maximum dollar amount.--The amount allowed as a
credit under subsection (a) to the taxpayer for the taxable
year shall not exceed $2,000.
``(2) Limitation based on adjusted gross income.--
``(A) In general.--The amount of the credit
allowable under subsection (a) (after application of
paragraph (1)) shall be reduced (but not below zero) by
$500 for each $1,000 (or fraction thereof) by which the
taxpayer's modified adjusted gross income exceeds
$150,000.
``(B) Modified adjusted gross income.--For purposes
of subparagraph (A), the term `modified adjusted gross
income' means adjusted gross income increased by any
amount excluded from gross income under section 911,
931, or 933.
``(C) Cost-of-living adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2002, the $150,000 amount under subparagraph
(A) shall be increased by an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, determined by
substituting `calendar year 2001' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding rules.--If any amount after
adjustment under clause (i) is not a multiple
of $1,000, such amount shall be rounded to the
next lower multiple of $1,000.
``(c) Qualified Child Disability Expenses.--For purposes of this
section--
``(1) In general.--The term `qualified child disability
expenses' means amounts paid for services and equipment related
to education and training of a qualified child of the taxpayer
in connection with a developmental disability of such child,
including--
``(A) behavioral therapy,
``(B) speech therapy,
``(C) occupational therapy,
``(D) physical therapy,
``(E) auditory therapy,
``(F) assistive communication technology, and
``(G) such other services as the Secretary may, in
consultation with the Secretary of Health and Human
Services and the Secretary of Education, provide by
regulation.
``(2) Developmental disability.--The term `developmental
disability' has the same meaning given the term in section 102
of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (Public Law 106-402; 114 Stat. 1682).
``(3) Qualified child.--The term `qualified child' means
any individual if--
``(A) the taxpayer is allowed a deduction under
section 151 with respect to such individual for the
taxable year,
``(B) such individual has not attained the age of
18 as of the close of the calendar year in which the
taxable year of the taxpayer begins, and
``(C) such individual bears a relationship to the
taxpayer described in section 32(c)(3)(B).
``(d) Verification Requirements.--
``(1) Expenses must be substantiated.--Qualified child
disability expenses to which subsection (a) applies may be
taken into account under this section only if the taxpayer
substantiates such expense in such form as the Secretary may
prescribe.
``(2) Identification requirement.--No credit shall be
allowed under this section with respect to any qualified child
unless the taxpayer includes the name and taxpayer
identification number of such qualified child on the return of
tax for the taxable year.
``(e) Special Rules.--
``(1) Denial of double benefit.--
``(A) In general.--No credit shall be allowed under
subsection (a) for any expense for which a deduction or
credit is allowed under any other provision of this
chapter.
``(B) Grants.--No credit shall be allowed under
subsection (a) for any expense to the extent that funds
for such expense are received under any Federal, State,
or local program.
``(2) Married couples must file joint returns.--Rules
similar to the rules of paragraphs (2), (3), and (4) of section
21(e) shall apply for purposes of this section.
``(3) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section for any expenditure with
respect to any property, the increase in the basis of such
property which would (but for this subsection) result from such
expenditure shall be reduced by the amount of the credit so
allowed.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following new items:
``Sec. 35. Child disability expenses.
``Sec. 36. Overpayments of tax.''.
(3) Section 1016(a) of such Code is amended by striking
``and'' at the end of paragraph (26), by striking the period at
the end of paragraph (27) and inserting ``, and'', and by
adding at the end the following:
``(28) in the case of property with respect to which a
credit was allowed under section 35, to the extent provided in
section 35(e)(3).''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2001. | Amends the Internal Revenue Code to allow a taxpayer an income-based credit ($2,000 maximum) for qualifying child disability education and training expenses paid on behalf of a dependent under the age of 18. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable credit against tax with respect to education and training of developmentally disabled children."} | 1,447 | 42 | 0.507429 | 1.087558 | 0.25141 | 2.25641 | 34.205128 | 0.871795 |
special habeas corpus procedures in capital cases
(a) Title 28, United States Code, is amended by inserting the
following new chapter immediately following chapter 153:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2258. Filing of habeas corpus petition; time requirements; tolling
rules.
``2259. Evidentiary hearings; scope of Federal review; district court
adjudication.
``2260. Certificate of probable cause inapplicable.
``Sec. 2256. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
of this title brought by prisoners in State custody who are subject to
a capital sentence. It shall apply only if subsections (b) and (c) are
satisfied.
``(b) This chapter is applicable if a State establishes by rule of
its court of last resort or by statute a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in State post-conviction proceedings brought by
indigent prisoners whose capital convictions and sentences have been
upheld on direct appeal to the court of last resort in the State to
have otherwise become final for State law purposes. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsel to represent the
prisoner upon a finding that the prisoner--
``(A) is indigent and has accepted the offer; or
``(B) is unable competently to decide whether to
accept or reject the offer;
``(2) finding, after a hearing, if necessary, that the
prisoner has rejected the offer of counsel and made the
decision with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal collateral post-conviction proceedings in a capital case
shall not be a ground for relief in a proceeding arising under this
chapter or section 2254 of this title. This subsection shall not
preclude the appointment of different counsel at any phase of State or
Federal post-conviction proceedings.
``Sec. 2257. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order pursuant to section 2256(c) of this title, a warrant or order
setting an execution date for a State prisoner shall be stayed upon
application to any court that would have jurisdiction over any
proceedings filed pursuant to section 2254 of this title. The
application must recite that the State has invoked the post-conviction
review procedures of this chapter and that the scheduled execution is
subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
petition under section 2254 of this title within the time
required in section 2258 of this title; or
``(2) upon completion of district court and court of
appeals review under section 2254 of this title, the petition
for relief is denied and--
``(A) the time for filing a petition for certiorari
has expired and no petition has been filed;
``(B) a timely petition for certiorari was filed
and the Supreme Court denied the petition; or
``(C) a timely petition for certiorari was filed
and upon consideration of the case, the Supreme Court
disposed of it in a manner that left the capital
sentence undisturbed; or
``(3) before a court of competent jurisdiction, a State
prisoner under capital sentence waives the right to pursue
habeas corpus review under section 2254 of this title, in the
presence of counsel and after having been advised of the
consequences of making the waiver.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution or grant relief in a capital case unless--
``(1) the basis for the stay and request for relief is a
claim not previously presented in the State or Federal courts;
``(2) the failure to raise the claim--
``(A) was the result of State action in violation
of the Constitution or laws of the United States;
``(B) was the result of a recognition by the
Supreme Court of a new Federal right that is
retroactively applicable; or
``(C) is due to the fact that the claim is based on
facts that could not have been discovered through the
exercise of reasonable diligence in time to present the
claim for State or Federal post-conviction review; and
``(3) the facts underlying the claim would be sufficient,
if proven, to undermine the court's confidence in the jury's
determination of guilt on the offense or offenses for which the
death penalty was imposed.
``Sec. 2258. Filing of habeas corpus petition; time requirements;
tolling rules
``(a) Any petition for habeas corpus relief under section 2254 of
this title must be filed in the appropriate district court not later
than 180 days after the filing in the appropriate State court of record
of an order issued in compliance with section 2256(c) of this title.
The time requirements established by this section shall be tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner seeks review of a capital sentence
that has been affirmed on direct appeal by the court of last
resort of the State or has otherwise become final for State law
purposes;
``(2) subject to subsection (b), during any period in which
a State prisoner under capital sentence has a properly filed
request for post-conviction review pending before a State court
of competent jurisdiction; and
``(3) during an additional period not to exceed 60 days, if
counsel for the State prisoner--
``(A) moves for an extension of time in the Federal
district court that would have jurisdiction over the
case upon the filing of a habeas corpus petition under
section 2254 of this title; and
``(B) makes a showing of good cause for counsel's
inability to file the habeas corpus petition within the
180-day period established by this section.
``(b)(1) The time requirement established by subsection (a) shall
be continuously tolled under paragraph (2) of that subsection from the
date the State prisoner initially files for post-conviction review
until the date of final disposition of the case by the highest court of
the State so long as all State filing rules are timely met.
``(2) Tolling shall not occur under subsection (a)(2) during the
pendency of a petition for certiorari before the Supreme Court
following State post-conviction review.
``Sec. 2259. Evidentiary hearings; scope of Federal review; district
court adjudication
``(a) When a State prisoner under a capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall--
``(1) determine the sufficiency of the evidentiary record
for habeas corpus review based on the claims actually presented
and litigated in the State courts, unless the prisoner shows
that the failure to raise or develop a claim in the State
courts--
``(A) was the result of State action in violation
of the Constitution or laws of the United States;
``(B) was the result of a recognition by the
Supreme Court of a new Federal right that is
retroactively applicable; or
``(C) is due to the fact that the claim is based on
facts that could not have been discovered through the
exercise of reasonable diligence in time to present the
claim for State post-conviction review; and
``(2) conduct any requested evidentiary hearing necessary
to complete the record for habeas corpus review.
``(b) Upon the development of a complete evidentiary record, the
district court shall rule on the merits of the claims properly before
it.
``Sec. 2260. Certificate of probable cause inapplicable
``The requirement of a certificate of probable cause in order to
appeal from the district court to the court of appeals does not apply
to habeas corpus cases subject to this chapter except when a second or
successive petition is filed.''. | Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence.
Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel, and that any such mechanism must offer counsel to all State prisoners under capital sentence and meet other specified requirements.
Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire.
Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions.
Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it.
Makes the requirement for a certificate of probable cause inapplicable, with an exception. | {"src": "billsum_train", "title": "A bill to amend title 28, United States Code, to provide special habeas corpus procedures in capital cases."} | 2,080 | 293 | 0.659256 | 1.979053 | 0.871881 | 5.068273 | 7.915663 | 0.899598 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nevada Test Site Veterans'
Compensation Act of 2006''.
SEC. 2. FINDINGS.
(a) Congress makes the following findings:
(1) Employees working on Cold War-era nuclear weapons
programs were employed in facilities owned by the Federal
Government and the private sector producing and testing nuclear
weapons and engaging in related atomic energy defense
activities for the national defense beginning in the 1940s.
(2) These Cold War atomic energy veterans helped to build
and test the nuclear arsenal that served as a deterrent during
the Cold War, sacrificing their personal health and well-being
in service of their country.
(3) During the Cold War, many of these workers were exposed
to radiation and placed in harm's way by the Department of
Energy and contractors, subcontractors, and vendors of the
Department without their knowledge and consent, without
adequate radiation monitoring, and without necessary
protections from internal or external occupational radiation
exposure.
(4) The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) (in this section
referred to as ``EEOICPA'') was enacted to ensure fairness and
equity for the men and women who, during the past 60 years,
performed duties uniquely related to the nuclear weapons
production and testing programs of the Department of Energy,
its predecessor agencies, and contractors by establishing a
program that would provide timely, uniform, and adequate
compensation for beryllium- and radiation-related health
conditions.
(5) Research by the Department of Energy, the National
Institute for Occupational Safety and Health (NIOSH), NIOSH
contractors, the President's Advisory Board on Radiation and
Worker Health, and congressional committees indicates that at
certain nuclear weapons facilities--
(A) workers were not adequately monitored for
internal or external exposure to ionizing radiation;
and
(B) records were not maintained, are not reliable,
are incomplete, or fail to indicate the radioactive
isotopes to which workers were exposed.
(6) Due to the inequities posed by the factors described
above and the resulting harm to the workers, Congress
designated classes of atomic weapons employees at the Paducah,
Kentucky, Portsmouth, Ohio, Oak Ridge K-25, Tennessee, and the
Amchitka Island, Alaska, sites as members of the Special
Exposure Cohort under EEOICPA.
(7) The contribution of the State of Nevada to the security
of the United States throughout the Cold War and since has been
unparalleled.
(8) In 1950, President Harry S Truman designated what would
later be called the Nevada Test Site as the country's nuclear
proving grounds and, a month later, the first atmospheric test
at the Nevada Test Site was detonated.
(9) The United States conducted 100 above-ground and 828
underground nuclear tests at the Nevada Test Site from 1951 to
1992.
(10) Out of the 1,054 nuclear tests conducted in the United
States, 928, or 88 percent, were conducted at the Nevada Test
Site.
(11) The Nevada Test Site has served, and continues to
serve, as the premier research, testing, and development site
for our nuclear defense capabilities.
(12) The Nevada Test Site and its workers are an essential
and irreplaceable part of our nation's defense capabilities.
(13) It has become evident that it is not feasible to
estimate with sufficient accuracy in a timely manner the
radiation dose received by employees at the Department of
Energy facility at the Nevada Test Site for many reasons,
including the following:
(A) The NIOSH Technical Basis Document, the
threshold document for radiation dose reconstruction
under EEOICPA, has incomplete radionuclide lists.
(B) NIOSH has not demonstrated that it can estimate
dose from exposure to large, nonrespirable hot
particles.
(C) There are significant gaps in environmental
measurement and exposure data.
(D) Resuspension doses are seriously
underestimated.
(E) NIOSH has not been able to estimate accurately
exposures to bomb assembly workers and radon levels.
(F) NIOSH has not demonstrated that it can
accurately sample tritiated water vapor.
(G) External dose records lack integrity.
(H) There are no beta dose data until 1966.
(I) There are no neutron dose data until 1966 and
only partial data after such date.
(J) There are no internal dose data until late 1955
or 1956, and limited data until well into the 1960s.
(K) NIOSH has ignored exposure from more than a
dozen underground tests that vented, including Bianca,
Des Moines, Baneberry, Camphor, Diagonal Line, Riola,
Agrini, Midas Myth, Misty Rain, and Mighty Oak.
(L) Instead of monitoring individuals, groups were
monitored, resulting in unreliable personnel
monitoring.
(14) Amchitka Island, where only 3 underground nuclear
tests were conducted, has been designated a Special Exposure
Cohort under EEOICPA.
(15) Some Nevada Test Site workers, despite having worked
with significant amounts of radioactive materials and having
known exposures leading to serious health effects, have been
denied compensation under EEOICPA as a result of flawed
calculations based on records that are incomplete, in error, or
based on faulty assumptions and incorrect models.
SEC. 3. INCLUSION OF CERTAIN NUCLEAR WEAPONS PROGRAM WORKERS IN SPECIAL
EXPOSURE COHORT UNDER ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION PROGRAM.
(a) In General.--Section 3621(14) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.
7384l(14)) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) The employee was so employed at the Nevada
Test Site or other similar sites located in Nevada
during the period beginning on January 1, 1950, and
ending on December 31, 1993, and, during such
employment--
``(i) was present during an atmospheric or
underground nuclear test or performed
drillbacks, re-entry, or clean-up work
following such a test (without regard to the
duration of employment);
``(ii) was present during an episodic event
involving radiation releases (without regard to
the duration of employment); or
``(iii) was employed at the Nevada Test
Site for a number of work days aggregating at
least 250 work days and was employed in a job
activity that--
``(I) was monitored through the use
of dosimetry badges or bioassays for
exposure to ionizing radiation; or
``(II) worked in a job activity
that is or was, comparable to a job
that is, was, or should have been
monitored for exposure to ionizing
radiation through the use of dosimetry
badges or bioassay.''.
(b) Deadline for Claims Adjudication.--Claims for compensation
under section 3621(14)(C) of the Energy Employees Occupational Illness
Compensation Program Act of 2000, as added by subsection (a), shall be
adjudicated and a final decision issued--
(1) in the case of claims pending as of the date of the
enactment of this Act, not later than 30 days after such date;
and
(2) in the case of claims filed after the date of the
enactment of this Act, not later than 30 days after the date of
such filing. | Nevada Test Site Veterans' Compensation Act of 2006 - Amends the Energy Employees Occupational Illness Compensation Program Act of 2000 to set forth criteria for the inclusion of certain nuclear weapons program workers in the special exposure cohort under the energy employees occupational illness compensation program.
Establishes a deadline for claims adjudication. | {"src": "billsum_train", "title": "A bill to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to provide for certain nuclear weapons program workers to be included in the Special Exposure Cohort under the compensation program established by that Act."} | 1,680 | 68 | 0.399357 | 1.134959 | 0.564393 | 4.071429 | 27.285714 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina College Student Relief
Act''.
SEC. 2. WAIVERS OF STUDENT GRANT REPAYMENT BY STUDENTS AFFECTED BY
DISASTERS.
Section 484B(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1091b(b)(2)) is amended by adding at the end the following new
subparagraph:
``(D) Waivers of student grant repayment by
students affected by disasters.--The Secretary may
waive the amounts that students are required to return
under this section with respect to grant assistance
under this title if the withdrawals on which the
returns are based are withdrawals by students--
``(i) who were residing in, employed in, or
attending an institution of higher education
that is located in, or were dependent students
whose parent or parents were residing or
employed in, an area in which the President has
declared that a major disaster exists, in
accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170);
``(ii) whose attendance was interrupted
because of the impact of the disaster on the
student or the institution; and
``(iii) whose withdrawal ended within the
academic year during which the designation
occurred or during the next succeeding academic
year.''.
SEC. 3. STUDENT LOAN DEFERMENT.
(a) Guaranteed Loans.--Section 428(b)(1)(M) of the Higher Education
Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by inserting ``or'' after the semicolon at the end of
clause (iii); and
(3) by adding after clause (iii) the following new clause:
``(iv) not in excess of 6 months in the
case of a borrower--
``(I) who was attending an
institution of higher education that is
located in, or was employed or residing
in, an area in which the President has
declared that a major disaster exists,
in accordance with section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5170); and
``(II) whose attendance,
employment, or residence was
interrupted because of the impact of
the disaster;''.
(b) Direct Loans.--Section 455(f)(2) of such Act (20 U.S.C.
1087e(f)(2)) is amended--
(1) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(2) by adding at the end the following new subparagraph:
``(D) not in excess of 6 months in the case of a
borrower--
``(i) who was attending an institution of
higher education that is located in, or was
employed or residing in, an area in which the
President has declared that a major disaster
exists, in accordance with section 401 of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170); and
``(ii) whose attendance, employment, or
residence was interrupted because of the impact
of the disaster;''.
(c) Perkins Loans.--Section 464(c)(2)(A) of such Act (20 U.S.C.
1087dd(c)(2)(A)) is amended--
(1) by striking ``or'' at the end of clause (iii);
(2) by inserting ``or'' after the semicolon at the end of
clause (iv); and
(3) by inserting after clause (iv) the following new
clause:
``(v) not in excess of 6 months in the case of a borrower--
``(I) who was attending an institution of higher
education that is located in, or was employed or
residing in, an area in which the President has
declared that a major disaster exists, in accordance
with section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170);
and
``(II) whose attendance, employment, or residence
was interrupted because of the impact of the
disaster;''.
SEC. 4. EXPECTED FAMILY CONTRIBUTION.
Section 474 of the Higher Education Act of 1965 (20 U.S.C. 1087nn)
is amended by adding at the end the following new subsection:
``(c) Recalculation of EFC for Students Affected by Disasters.--The
Secretary shall provide for the recalculation of expected family
contribution for the current academic year, when possible, and for the
ensuing academic year, for any student--
``(1) who resides in, is employed in, or is attending an
institution of higher education that is located in, or is a
dependent student whose parent or parents reside or are
employed in, an area in which the President has declared that a
major disaster exists, in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170); and
``(2) whose income or assets, or whose family income or
assets, are affected by such disaster.''. | Katrina College Student Relief Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to waive certain requirements for repayment of federal student grant assistance by students if: (1) they were residing in, employed in, or attending an institution of higher education located in a major disaster area; (2) their attendance was interrupted because of the disaster's impact on them or the institution; and (3) their withdrawal ended within the academic year during which the major disaster designation occurred or during the next succeeding academic year.
Provides such students with deferments for certain student loan obligations for up to six months.
Directs the Secretary to recalculate the expected family contribution for such students. | {"src": "billsum_train", "title": "To provide relief to students, schools, and student borrowers affected by natural disaster."} | 1,209 | 146 | 0.604742 | 1.683537 | 0.706511 | 2.918519 | 7.733333 | 0.859259 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``China Free Enterprise Act of 2001''.
SEC. 2. FINDINGS.
Congress find that--
(1) an increased number of privatized enterprises and
start-up private enterprises in the People's Republic of China
will serve the interests and quality of life of the people of
the People's Republic of China, given the greater economic
growth potential of market-oriented development;
(2) a limitation on access to United States capital markets
by Chinese state-owned enterprises will indicate a United
States preference for economic transactions with and investment
in privatized enterprises, rather than state-owned enterprises,
and therefore establish an incentive for the Government of the
People's Republic of China to accelerate privatization efforts;
(3) resources given to state-owned enterprises effectively
empower the repressive apparatus of an autocratic government in
the People's Republic of China to perpetuate human and labor
rights abuses, the subjugation of Tibet, the despoiling of the
environment, and suppression of religious freedoms;
(4) investments made available to state-owned enterprises
affiliated with the complex of military and technology
industries in the People's Republic of China would be
particularly inimical to United States interests, given China's
military buildup directed against the United States, Chinese
military policies in the Taiwan Strait and South China Sea, and
arms proliferation efforts destabilizing to the democracies of
the Asia-Pacific region and the already volatile Persian Gulf
region;
(5) state-owned enterprises of the People's Republic of
China which have raised funds in the United States capital
markets have failed to engage in adequate disclosure to United
States investors concerning where these enterprises (as well as
their subsidiaries, parent companies, or other affiliates) are
doing business in the world, and with whom;
(6) the state-owned Petrochina energy enterprise in the
People's Republic of China has offered its securities in the
United States without disclosing that investors' funds would be
directly or indirectly subsidizing operations in Sudan on the
part of its parent company, China National Petroleum Company,
effectively underwriting the systematic religious persecution
and heinous human rights abuses of the Government of Sudan;
(7) a second state-owned enterprise of the People's
Republic of China, China Petroleum and Chemical Company or
``Sinopec'', has offered securities in the United States
without disclosing its recent, and possibly ongoing, investment
activity in Sudan or its negotiations to conclude contracts in
Iran's energy sector, in violation of the Iran-Libya Sanctions
Act of 1993;
(8) a limitation on access to United States capital markets
by Chinese state-owned enterprises will not have a deleterious
effect on United States businesses, consumers, or workers as
trade sanctions may have;
(9) a limitation on access to United States capital markets
by Chinese state-owned enterprises will do no appreciable harm
to United States investors or the free flow of capital into and
out of the United States;
(10) a limitation on access to United States capital
markets by Chinese state-owned enterprises will do no
appreciable harm to the people of the People's Republic of
China, whose welfare and individual liberties it should be the
United States policy to enhance; and
(11) a limitation on access to United States capital
markets by Chinese state-owned enterprises does not violate the
terms of permanent normal trade relations status granted by the
United States to the People's Republic of China, nor the
General Agreement on Tariffs and Trade.
SEC. 3. BAN ON SECURITIES MARKET ACCESS.
Notwithstanding any provision of the securities laws or any other
provision of law, no security issued by, or other interest or
participation in, a state-owned enterprise may be--
(1) listed, or authorized for listing, on the New York
Stock Exchange or the American Stock Exchange, or listed, or
authorized for listing, on the National Market System of the
Nasdaq Stock Market (or any successor to such entities); or
(2) otherwise listed, or authorized for listing, on a
national securities exchange (or tier or segment thereof) or by
a registered securities association.
SEC. 4. DEFINITIONS.
As used in this Act--
(1) the term ``registered securities association'' means a
securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3);
(2) the terms ``securities laws'' and ``security'' have the
same meanings as in section 3(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78c(a)); and
(3) the term ``state-owned enterprise'' means any entity,
not less than 50 percent of the assets of which are owned by
any agency or instrumentality of the Government of the People's
Republic of China (including any agency or instrumentality
thereof), either directly or through a subsidiary, parent
company, or other affiliate, including those located in Hong
Kong or elsewhere. | China Free Enterprise Act of 2001 - Prohibits any security issued by, or other interest or participation in, a Chinese Government state-owned enterprise from being listed (or authorized for listing) on the New York Stock Exchange or the American Stock Exchange, the National Market System of the Nasdaq Stock Market, or on a national securities exchange (or tier or segment thereof) or by a registered securities association. | {"src": "billsum_train", "title": "A bill to bar access to United States capital markets to enterprises owned or controlled by the People's Republic of China, and for other purposes."} | 1,064 | 90 | 0.411466 | 1.174039 | 0.364856 | 5.807692 | 13.282051 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Reserve Mobilization Income
Security Act of 2004''.
SEC. 2. REFUNDABLE CREDIT FOR ACTIVATED MILITARY RESERVISTS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by redesignating
section 36 as section 37 and by inserting after section 35 the
following new section:
``SEC. 36. WAGE DIFFERENTIAL FOR ACTIVATED RESERVISTS.
``(a) In General.--In the case of a qualified reservist, there
shall be allowed as a credit against the tax imposed by this subtitle
an amount equal to the qualified active duty wage differential of such
qualified reservist for the taxable year.
``(b) Qualified Active Duty Wage Differential.--For purposes of
this section--
``(1) In general.--The term `qualified active duty wage
differential' means the daily wage differential of the
qualified active duty reservist multiplied by the number of
days such qualified reservist participates in qualified reserve
component duty during the taxable year, including time spent in
a travel status.
``(2) Daily wage differential.--The daily wage differential
is an amount equal to the lesser of--
``(A) the excess of--
``(i) the qualified reservist's average
daily qualified compensation, over
``(ii) the qualified reservist's average
daily military pay while participating in
qualified reserve component duty to the
exclusion of the qualified reservist's normal
employment duties, or
``(B) $54.80.
``(3) Average daily qualified compensation.--
``(A) In general.--The term `average daily
qualified compensation' means--
``(i) the qualified compensation of the
qualified reservist for the one-year period
ending on the day before the date the qualified
reservist begins qualified reserve component
duty, divided by
``(ii) 365.
``(B) Qualified compensation.--The term `qualified
compensation' means--
``(i) compensation which is normally
contingent on the qualified reservist's
presence for work and which would be includible
in gross income, and
``(ii) compensation which is not
characterized by the qualified reservist's
employer as vacation or holiday pay, or as sick
leave or pay, or as any other form of pay for a
nonspecific leave of absence.
``(4) Average daily military pay and allowances.--
``(A) In general.--The term `average daily military
pay and allowances' means--
``(i) the amount paid to the qualified
reservist during the taxable year as military
pay and allowances on account of the qualified
reservist's participation in qualified reserve
component duty, determined as of the date the
qualified reservists begins qualified reserve
component duty, divided by
``(ii) the total number of days the
qualified reservist participates in qualified
reserve component duty during the taxable year,
including time spent in travel status.
``(B) Military pay and allowances.--The term
`military pay' means pay as that term is defined in
section 101(21) of title 37, United States Code, and
the term `allowances' means the allowances payable to a
member of the Armed Forces of the United States under
chapter 7 of that title.
``(5) Qualified reserve component duty.--The term
`qualified reserve component duty' means--
``(A) active duty performed, as designated in the
reservist's military orders, in support of a
contingency operation as defined in section 101(a)(13)
of title 10, United States Code, or
``(B) full-time National Guard duty (as defined in
section 101(19) of title 32, United States Code) which
is ordered pursuant to a request by the President,
for a period under 1 or more orders described in subparagraph
(A) or (B) of more than 90 consecutive days.
``(c) Qualified Reservist.--For purposes of this section--
``(1) In general.--The term `qualified reservist' means an
individual who is engaged in normal employment and is a member
of--
``(A) the National Guard (as defined by section
101(c)(1) of title 10, United States Code), or
``(B) the Ready Reserve (as defined by section
10142 of title 10, United States Code).
``(2) Normal employment.--The term `normal employment
duties' includes self-employment.
``(d) Disallowance With Respect to Persons Ordered to Active Duty
for Training.--No credit shall be allowed under subsection (a) to a
qualified reservist who is called or ordered to active duty for any of
the following types of duty:
``(1) Active duty for training under any provision of title
10, United States Code.
``(2) Training at encampments, maneuvers, outdoor target
practice, or other exercises under chapter 5 of title 32,
United States Code.
``(3) Full-time National Guard duty, as defined in section
101(d)(5) of title 10, United States Code.
``(e) Credit Included in Gross Income.--Gross income includes the
amount of the credit allowed the taxpayer under this section.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 36 of such Code''.
(2) The table of sections for subpart C of part IV of
chapter 1 of the Internal Revenue Code of 1986 is amended by
striking the last item and inserting the following new items:
``Sec. 36. Wage differential for
activated reservists.
``Sec. 37. Overpayments of tax.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2003. | Military Reserve Mobilization Income Security Act of 2004 - Amends the Internal Revenue Code to allow members of the National Guard or the Ready Reserve who have been activated for military duty a refundable income tax credit for the lesser of: (1) the excess of such reservist's daily civilian compensation over the reservist's daily military pay while on active duty or full-time National Guard duty; or (2) $54.80 per day. Includes the amount of such credit in the reservist's gross income. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide for a refundable wage differential credit for activated military reservists."} | 1,394 | 113 | 0.61272 | 1.514657 | 0.654238 | 2.221053 | 12.852632 | 0.915789 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Fund Investment Advisers
Registration Act of 2009''.
SEC. 2. DEFINITIONS.
Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)) is amended by adding at the end the following new paragraphs:
``(29) Private fund.--The term `private fund' means an
issuer that would be an investment company under section 3(a)
of the Investment Company Act of 1940 (15 U.S.C. 80a-3(a)) but
for the exception provided from that definition by either
section 3(c)(1) or section 3(c)(7) of such Act
``(30) Foreign private fund adviser.--The term `foreign
private fund adviser' means an investment adviser who--
``(A) has no place of business in the United
States;
``(B) during the preceding 12 months has had--
``(i) fewer than 15 clients in the United
States; and
``(ii) assets under management attributable
to clients in the United States of less than
$25,000,000, or such higher amount as the
Commission may, by rule, deem appropriate in
the public interest or for the protection of
investors; and
``(C) neither holds itself out generally to the
public in the United States as an investment adviser,
nor acts as an investment adviser to any investment
company registered under the Investment Company Act of
1940, or a company which has elected to be a business
development company pursuant to section 54 of the
Investment Company Act of 1940 (15 U.S.C. 80a-53) and
has not withdrawn such election.''.
SEC. 3. ELIMINATION OF PRIVATE ADVISER EXEMPTION; LIMITED EXEMPTION FOR
FOREIGN PRIVATE FUND ADVISERS; LIMITED INTRASTATE
EXEMPTION.
Section 203(b) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(b)) is amended--
(1) in paragraph (1), by inserting ``, except an investment
adviser who acts as an investment adviser to any private
fund,'' after ``any investment adviser'';
(2) by amending paragraph (3) to read as follows:
``(3) any investment adviser that is a foreign private fund
adviser;'';
(3) in paragraph (5), by striking ``or'' at the end;
(4) in paragraph (6)--
(A) in subparagraph (A), by striking ``or'';
(B) in subparagraph (B), by striking the period at
the end and adding ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) a private fund; or''; and
(5) by adding at the end the following:
``(7) any investment adviser who solely advises--
``(A) small business investment companies licensed
under the Small Business Investment Act of 1958;
``(B) entities that have received from the Small
Business Administration notice to proceed to qualify
for a license, which notice or license has not been
revoked; or
``(C) applicants, related to one or more licensed
small business investment companies covered in
subparagraph (A), that have applied for another
license, which application remains pending.''.
SEC. 4. COLLECTION OF SYSTEMIC RISK DATA.
Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Records and Reports of Private Funds.--
``(1) In general.--The Commission is authorized to require
any investment adviser registered under this Act to maintain
such records of and file with the Commission such reports
regarding private funds advised by the investment adviser as
are necessary or appropriate in the public interest and for the
protection of investors or for the assessment of systemic risk
as the Commission determines in consultation with the Board of
Governors of the Federal Reserve System. The Commission is
authorized to provide or make available to the Board of
Governors of the Federal Reserve System, and to any other
entity that the Commission identifies as having systemic risk
responsibility, those reports or records or the information
contained therein. The records and reports of any private fund,
to which any such investment adviser provides investment
advice, maintained or filed by an investment adviser registered
under this Act, shall be deemed to be the records and reports
of the investment adviser.
``(2) Required information.--The records and reports
required to be maintained or filed with the Commission under
this subsection shall include, for each private fund advised by
the investment adviser--
``(A) the amount of assets under management;
``(B) the use of leverage (including off-balance
sheet leverage);
``(C) counterparty credit risk exposures;
``(D) trading and investment positions;
``(E) trading practices; and
``(F) such other information as the Commission, in
consultation with the Board of Governors of the Federal
Reserve System, determines necessary or appropriate in
the public interest and for the protection of investors
or for the assessment of systemic risk.
``(3) Optional information.--The Commission may require the
reporting of such additional information from private fund
advisers as the Commission determines necessary. In making such
determination, the Commission, taking into account the public
interest and potential to contribute to systemic risk, may set
different reporting requirements for different classes of
private fund advisers, based on the particular types or sizes
of private funds advised by such advisers.
``(4) Maintenance of records.--An investment adviser
registered under this Act is required to maintain and keep such
records of private funds advised by the investment adviser for
such period or periods as the Commission, by rule or
regulation, may prescribe as necessary or appropriate in the
public interest and for the protection of investors or for the
assessment of systemic risk.
``(5) Examination of records.--
``(A) Periodic and special examinations.--All
records of a private fund maintained by an investment
adviser registered under this Act shall be subject at
any time and from time to time to such periodic,
special, and other examinations by the Commission, or
any member or representative thereof, as the Commission
may prescribe.
``(B) Availability of records.--An investment
adviser registered under this Act shall make available
to the Commission or its representatives any copies or
extracts from such records as may be prepared without
undue effort, expense, or delay as the Commission or
its representatives may reasonably request.
``(6) Information sharing.--The Commission shall make
available to the Board of Governors of the Federal Reserve
System, and to any other entity that the Commission identifies
as having systemic risk responsibility, copies of all reports,
documents, records, and information filed with or provided to
the Commission by an investment adviser under this subsection
as the Board, or such other entity, may consider necessary for
the purpose of assessing the systemic risk of a private fund.
All such reports, documents, records, and information obtained
by the Board, or such other entity, from the Commission under
this subsection shall be kept confidential in a manner
consistent with confidentiality established by the Commission
pursuant to paragraph (8).
``(7) Disclosures of certain private fund information.--An
investment adviser registered under this Act shall provide such
reports, records, and other documents to investors, prospective
investors, counterparties, and creditors, of any private fund
advised by the investment adviser as the Commission, by rule or
regulation, may prescribe as necessary or appropriate in the
public interest and for the protection of investors or for the
assessment of systemic risk.
``(8) Confidentiality of reports.--Notwithstanding any
other provision of law, the Commission shall not be compelled
to disclose any report or information contained therein
required to be filed with the Commission under this subsection.
Nothing in this paragraph shall authorize the Commission to
withhold information from the Congress or prevent the
Commission from complying with a request for information from
any other Federal department or agency or any self-regulatory
organization requesting the report or information for purposes
within the scope of its jurisdiction, or complying with an
order of a court of the United States in an action brought by
the United States or the Commission. For purposes of section
552 of title 5, United States Code, this paragraph shall be
considered a statute described in subsection (b)(3)(B) of such
section.''.
SEC. 5. ELIMINATION OF DISCLOSURE PROVISION.
Section 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
10) is amended by striking subsection (c).
SEC. 6. EXEMPTION OF AND REPORTING BY VENTURE CAPITAL FUND ADVISERS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3) is amended by adding at the end the following new subsection:
``(l) Exemption of and Reporting by Venture Capital Fund
Advisers.--The Commission shall identify and define the term `venture
capital fund' and shall provide an adviser to such a fund an exemption
from the registration requirements under this section (excluding any
such fund whose adviser is exempt from registration pursuant to
paragraph (7) of subsection (b)). The Commission shall require such
advisers to maintain such records and provide to the Commission such
annual or other reports as the Commission determines necessary or
appropriate in the public interest or for the protection of
investors.''.
SEC. 7. EXEMPTION OF AND REPORTING BY CERTAIN PRIVATE FUND ADVISERS.
Section 203 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
3), as amended by section 6, is further amended by adding at the end
the following new subsections:
``(m) Exemption of and Reporting by Certain Private Fund
Advisers.--
``(1) In general.--The Commission shall provide an
exemption from the registration requirements under this section
to any investment adviser of private funds, if each of such
private funds has assets under management in the United States
of less than $150,000,000.
``(2) Reporting.--The Commission shall require investment
advisers exempted by reason of this subsection to maintain such
records and provide to the Commission such annual or other
reports as the Commission determines necessary or appropriate
in the public interest or for the protection of investors.
``(n) Registration and Examination of Mid-sized Private Fund
Advisers.--In prescribing regulations to carry out the requirements of
this section with respect to investment advisers acting as investment
advisers to mid-sized private funds, the Commission shall take into
account the size, governance, and investment strategy of such funds to
determine whether they pose systemic risk, and shall provide for
registration and examination procedures with respect to the investment
advisers of such funds which reflect the level of systemic risk posed
by such funds.''.
SEC. 8. CLARIFICATION OF RULEMAKING AUTHORITY.
Section 211 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
11) is amended--
(1) by amending subsection (a) to read as follows:
``(a) The Commission shall have authority from time to time to
make, issue, amend, and rescind such rules and regulations and such
orders as are necessary or appropriate to the exercise of the functions
and powers conferred upon the Commission elsewhere in this title,
including rules and regulations defining technical, trade, and other
terms used in this title. For the purposes of its rules and
regulations, the Commission may--
``(1) classify persons and matters within its jurisdiction
based upon, but not limited to--
``(A) size;
``(B) scope;
``(C) business model;
``(D) compensation scheme; or
``(E) potential to create or increase systemic
risk;
``(2) prescribe different requirements for different
classes of persons or matters; and
``(3) ascribe different meanings to terms (including the
term `client', except the Commission shall not ascribe a
meaning to the term `client' that would include an investor in
a private fund managed by an investment adviser, where such
private fund has entered into an advisory contract with such
adviser) used in different sections of this title as the
Commission determines necessary to effect the purposes of this
title.''; and
(2) by adding at the end the following new subsection:
``(e) The Commission and the Commodity Futures Trading Commission
shall, after consultation with the Board of Governors of the Federal
Reserve System, within 12 months after the date of enactment of the
Private Fund Investment Advisers Registration Act of 2009, jointly
promulgate rules to establish the form and content of the reports
required to be filed with the Commission under sections 203(l) and
204(b) and with the Commodity Futures Trading Commission by investment
advisers that are registered both under the Investment Advisers Act of
1940 (15 U.S.C. 80b-1 et seq.) and the Commodity Exchange Act (7 U.S.C.
1 et seq.).''.
SEC. 9. GAO STUDY.
(a) Study Required.--The Comptroller General of the United States
shall carry out a study to assess the annual costs on industry members
and their investors due to the registration requirements and ongoing
reporting requirements under this Act and the amendments made by this
Act.
(b) Report to the Congress.--Not later than the end of the 2-year
period beginning on the date of the enactment of this Act, the
Comptroller General of the United States shall submit a report to the
Congress containing the findings and determinations made by the
Comptroller General in carrying out the study required under subsection
(a).
SEC. 10. EFFECTIVE DATE; TRANSITION PERIOD.
(a) Effective Date.--This Act, and the amendments made by this Act,
shall take effect with respect to investment advisers after the end of
the 1-year period beginning on the date of the enactment of this Act.
(b) Transition Period.--The Securities and Exchange Commission
shall prescribe rules and regulations to permit an investment adviser
who will be required to register with the Securities and Exchange
Commission by reason of this Act with the option of registering with
the Securities and Exchange Commission before the date described under
subsection (a).
SEC. 11. QUALIFIED CLIENT STANDARD.
Section 205(e) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-5(e)) is amended by adding at the end the following: ``With respect
to any factor used by the Commission in making a determination under
this subsection, if the Commission uses a dollar amount test in
connection with such factor, such as a net asset threshold, the
Commission shall, not later than one year after the date of the
enactment of the Private Fund Investment Advisers Registration Act of
2009, and every 5 years thereafter, adjust for the effects of inflation
on such test. Any such adjustment that is not a multiple of $1,000
shall be rounded to the nearest multiple of $1,000.''. | Private Fund Investment Advisers Registration Act of 2009 - (Sec. 3) Amends the Investment Advisers Act of 1940 to repeal the exemption for, and apply registration requirements to, a private fund investment adviser.
Exempts from such registration requirements, however, any investment adviser who solely advises: (1) small business investment companies licensed under the Small Business Investment Act of 1958; (2) entities that the Small Business Administration (SBA) has notified to proceed to qualify for a license, if the notice or license has not been revoked; or (3) applicants, related to one or more licensed small business investment companies, that have a pending application for another license.
(Sec. 4) Subjects to Securities Exchange Commission (SEC) recordkeeping requirements any registered investment adviser who advises private funds. Authorizes the SEC to make such records, especially those relating to systemic risk, available to the Board of Governors of the Federal Reserve System and any other entity that has systemic risk responsibility.
(Sec. 5) Repeals the declaration that no provision of such Act shall be construed to require, or to authorize the SEC to require, any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any client, except insofar as such disclosure may be necessary or appropriate in a particular proceeding or investigation having as its object the enforcement of a provision or provisions of the Act. (Thus, allows interpretation of the Act to require, or authorize the SEC to require, an investment adviser to disclose the identity, investments, or affairs of any client.)
(Sec. 6) Directs the SEC to exempt from the registration requirements of this Act: (1) venture capital fund advisers; and (2) investment advisers of private funds, each of which has assets under management in the United States of less than $150 million. Directs the SEC to require such advisers, however, to maintain records and make annual reports to the SEC.
(Sec. 7) Requires the SEC, in prescribing regulations for registration of advisers to mid-sized private funds, to: (1) take into account the size, governance, and investment strategy of such funds to determine whether they pose systemic risk; and (2) provide for registration and examination procedures for such advisers which reflect the level of systemic risk posed by the funds.
(Sec. 8) Modifies SEC rulemaking authority. Authorizes the SEC to ascribe different meanings to terms, but prohibits including in the term "client" an investor in a private fund managed by an investment adviser with whom the private fund has entered into an advisory contract.
Directs the SEC and the Commodity Futures Trading Commission (CFTC) to promulgate rules jointly for the mandatory reports filed by certain registered investment advisers.
(Sec. 9) Directs the Comptroller General to assess the annual costs on industry members and their investors because of the registration requirements and ongoing reporting requirements of this Act.
(Sec. 11) Amends the Investment Advisers Act of 1940 with respect to SEC authority to exempt any person or transaction (or any class or classes of them) from certain investment advisory contract requirements to the extent that the exemption relates to an investment advisory contract with any person that the Commission determines does not need the protections of such requirements. Requires the SEC, with respect to any factor involving a dollar amount test (e.g. a net asset threshold) it uses to make such a determination, to adjust that test for inflation every five years. | {"src": "billsum_train", "title": "To amend the Investment Advisers Act of 1940 to require advisers of certain unregistered investment companies to register with and provide information to the Securities and Exchange Commission, and for other purposes."} | 3,368 | 784 | 0.580817 | 1.81097 | 0.677068 | 3.054412 | 4.607353 | 0.898529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Student Rebate Act of
2012''.
SEC. 2. EDUCATIONAL LOSS RATIO.
(a) Program Participation Agreements.--Section 487(a) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)) is amended by adding at the
end the following:
``(30) In the case of a proprietary institution of higher
education (as defined in section 102(b)), such institution
will--
``(A) expend not less than 80 percent of such
institution's revenues for an institutional fiscal year
on educational and related expenses (as defined in
subsection (i)(4)); or
``(B) for each institutional fiscal year in which
the institution expends less than 80 percent of such
revenues on such educational and related expenses,
issue a rebate for each student who was enrolled at the
institution during such institutional fiscal year,
calculated and distributed in accordance with
subsection (k).''.
(b) Educational Loss Ratio.--Section 487 of such Act (20 U.S.C.
1094) is further amended--
(1) in subsection (i)--
(A) by redesignating paragraphs (4) through (6) as
paragraphs (5) through (7), respectively; and
(B) by inserting after paragraph (3), the
following:
``(4) Educational and related expenses.--The term
`educational and related expenses' shall be defined by the
Secretary by regulation, except that such term shall not
include revenue expended for advertising and promotion
activities, excessive administrative expenses including
excessive executive compensation, recruiting, lobbying
expenses, or payments to shareholders.''; and
(2) by adding at the end the following new subsection:
``(k) Implementation of Rebate Requirement for Insufficient
Educational Expenditures.--
``(1) Calculation of rebate amount for each student.--For
purposes of subsection (a)(30), the amount of a rebate for each
student at an institution subject to subparagraph (B) of such
subsection shall be calculated by--
``(A) determining the difference between 80 percent
and the percentage of the institution's revenues
expended on educational and related expenses (as
defined in subsection (i)(4)); and
``(B) applying the percentage determined under
subparagraph (A) to the total amount of tuition, fees,
and institutional charges provided to the institution
by the student, or on the student's behalf, from all
sources for the applicable period of enrollment.
``(2) Distribution of individual student rebates.--Each
rebate issued for a student by an institution described in
subsection (a)(30)(B) shall be distributed as follows:
``(A) To the Secretary, an amount that bears the
same ratio to the total rebate for such student as the
amount of tuition, fees, and institutional charges
provided to the institution for the student from
sources under this title bears to the total amount of
tuition, fees, and institutional charges provided to
the institution for the applicable period of enrollment
by or on behalf of the student from all sources, which
shall be credited, in a manner consistent with section
484B(b)(3), to outstanding balances on loans, to
awards, and to other assistance made under this title
to the student or on behalf of the student for the
period of enrollment for which a rebate is required.
``(B) To each third party who provided an amount to
the institution for tuition, fees, and institutional
charges on the student's behalf, including the
Secretary of Defense, the Secretary of Veterans
Affairs, or an employer, an amount that bears the same
ratio to the total rebate for such student as the
amount of tuition, fees, and institutional charges
provided to the institution for the student from such
third party bears to the total amount of tuition, fees,
and institutional charges provided to the institution
for the applicable period of enrollment by or on behalf
of the student from all sources.
``(C) To the student, the amount of the total
rebate for such student remaining after payment to the
Secretary and each third party under subparagraphs (A)
and (B).
``(3) Student rebate fee prohibited.--An institution that
is required to issue a rebate for a student under subsection
(a)(30) may not assess a new student fee, increase an existing
student fee, withhold or reduce any portion of financial
assistance provided to any student, or otherwise increase the
cost of attendance for any student, to satisfy such rebate
requirement.
``(4) No change in 90/10 calculations.--Rebates required
under subsection (a)(30) and issued in accordance with this
subsection shall in no way affect or be considered in the
calculation of revenue requirements under subsection (a)(24).
``(5) Calculation of institution's revenues.--In making
calculations under subsection (a)(30) and this subsection, an
institution's revenues for an institutional fiscal year shall
be calculated in accordance with subsection (d)(1), except that
an institution shall not be required to use the cash basis of
accounting.''.
SEC. 3. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
July 1, 2014. | College Student Rebate Act of 2012 - Amends the Higher Education Act of 1965 to require proprietary institutions of higher education that participate in title IV (Student Assistance) programs to: (1) spend at least 80% of their revenue each fiscal year on educational and related expenses, or (2) rebate to students the shortfall between what they spend for educational and related expenses and 80% of their revenue.
Directs the Secretary of Education to define "educational and related expenses," but excludes revenue spent for advertising and promotion, recruiting, lobbying, shareholder payments, and excessive administrative costs (including excessive executive compensation). | {"src": "billsum_train", "title": "To ensure that students and taxpayers receive the full value of their education investments."} | 1,141 | 125 | 0.632511 | 1.710311 | 0.643391 | 2.008333 | 9.016667 | 0.775 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Investing in America's Small
Businesses Act of 2011''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Small businesses in underserved areas have for
generations been unable to access affordable credit.
(2) The financial crisis of 2008 only served to exacerbate
efforts by entrepreneurs to access capital for the purpose of
creating jobs and improving economic outcomes in the community.
(3) The Create Jobs for USA campaign by Starbucks Coffee
Company and Opportunity Finance Network, through community
development financial institutions, will provide loans to
underserved small businesses and microenterprises to create and
sustain jobs throughout America. This will allow Americans to
help Americans create and sustain jobs, but will not be enough
to help our Nation's small businesses.
(4) Small business investments revitalize communities by
creating jobs but also contribute to the local tax base, which
helps finance investments in schools, hospitals,
infrastructure, and public safety.
(5) The Community Development Financial Institutions Fund,
an agency of the Federal Government located within the United
States Department of the Treasury, has reported that in 2010
alone, community development financial institutions awardees
originated loans or investments totaling more than $1 billion,
and financed almost 18,000 affordable housing units; more than
5,200 business and microenterprise loans; and created or
maintained over 25,000 jobs and leveraged $1.5 billion in
private investment.
(6) The Community Development Financial Institutions Fund
awardees have almost tripled jobs created since 2007, making
almost 14,000 loans to small businesses on average each year,
representing an average investment of close to $1 billion
annually.
(7) The Community Development Financial Institutions Fund
is well placed to complement the Create Jobs for USA campaign
through careful, targeted investments in community development
financial institutions for the purposes of improving economic
outcomes for underserved families across the country.
SEC. 3. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL BUSINESS
LENDING.
(a) In General.--The Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by adding
at the end the following:
``SEC. 123. GRANTS TO ESTABLISH LOAN-LOSS RESERVE FUNDS FOR SMALL
BUSINESS LENDING.
``(a) Purposes.--The purposes of this section are--
``(1) to make financial assistance available from the Fund
in order to help community development financial institutions
defray the costs of operating small business loan programs, by
providing the amounts necessary for such institutions to
establish their own loan loss reserve funds to mitigate some of
the losses on such small business loan programs;
``(2) to encourage community development financial
institutions to establish and maintain small business loan
programs that would help provide borrowers access to mainstream
financial institutions and combat high cost small business
lending; and
``(3) to encourage community development financial
institutions to expand the development services they offer and
to serve new investment areas and new targeted populations.
``(b) Grants.--
``(1) Loan-loss reserve fund grants.--
``(A) In general.--The Fund shall make grants to
community development financial institutions to enable
such institutions to establish a loan-loss reserve fund
in order to defray the costs of a small business loan
program established or maintained by such institution.
``(B) Application.--A community development
financial institution that wishes to receive a grant
under this paragraph shall submit an application to the
Administrator in such form and manner and containing
such information as the Administrator may require.
``(C) Matching requirement.--A community
development financial institution shall provide non-
Federal matching funds in an amount equal to 50 percent
of the amount of any grant received under this
paragraph.
``(D) Use of funds.--Any grant amounts received by
a community development financial institution under
this paragraph--
``(i) may not be used by such institution
to provide direct loans to small businesses;
``(ii) may be used by such institution to
help recapture a portion or all of a defaulted
loan made under the small business loan program
of such institution on or after the date of the
enactment of this section; and
``(iii) may be used to designate and
utilize a fiscal agent for services normally
provided by such an agent.
``(2) Technical assistance grants.--
``(A) In general.--The Fund shall make technical
assistance grants to community development financial
institutions to create, support, or maintain a small
business loan program. Any grant amounts received under
this paragraph may be used for--
``(i) technology, staff support, staff
capacity building, and other costs associated
with establishing, supporting, or maintaining a
small business loan program; and
``(ii) establishing, supporting, or
maintaining technical assistance programs for
borrowers.
``(B) Application.--A community development
financial institution that wishes to receive a grant
under this paragraph shall submit an application to the
Administrator in such form and manner and containing
such information as the Administrator may require.
``(c) Reports.--For each fiscal year for which grants are made
under this section, the Administrator shall submit a report to the
Committee on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the Senate
containing a description of the activities funded and amounts
distributed under this section for such fiscal year, as well as
measurable results of such actions.
``(d) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Fund $25,000,000 for each of fiscal years 2012 to 2017
to carry out this section.
``(2) Administrative costs.--There are authorized to be
appropriated to the Fund $5,000,000 for each of fiscal years
2012 to 2017 for the administrative costs of carrying out this
section.
``(e) Definitions.--For purposes of this section:
``(1) Small business.--The term `small business' has the
meaning given the term `small business concern' under section
3(a) of the Small Business Act (15 U.S.C. 632(a)).
``(2) Small business loan program.--The term `small
business loan program' means a loan program wherein a community
development financial institution offers loans to small
businesses that--
``(A) are made in amounts not exceeding $25,000;
``(B) have no pre-payment penalty; and
``(C) meet any other affordability requirements as
may be established by the Administrator.''.
(b) Conforming Amendment.--The table of contents for the Riegle
Community Development and Regulatory Improvement Act of 1994 is amended
by inserting after the item relating to section 121 the following:
``Sec. 122. Grants to establish loan-loss reserve funds.
``Sec. 123. Grants to establish loan-loss reserve funds for small
business lending.''. | Investing in America's Small Businesses Act of 2011 - Amends the Community Development Banking and Financial Institutions Act of 1994 to require the Community Development Financial Institutions Fund to make grants to community development financial institutions to enable such institutions to establish a loan-loss reserve fund to defray the costs of a small business loan program.
Defines "small business loan program" as a program in which a community development financial institution offers loans to small businesses that: (1) are made in amounts up to $25,000, (2) have no prepayment penalty, and (3) meet any affordability requirements established by Administrator of the Fund.
Requires a community development financial institution to provide non-federal matching funds equal to 50% of the amount of any grant received.
Prohibits the use of such grants to make direct loans to small businesses.
Permits a community development financial institution to use such a grant to: (1) help recapture a portion or all of a defaulted loan made under its small business loan program, and (2) designate and utilize a fiscal agent for services the agent normally provides.
Requires the Fund to make technical assistance grants to community development financial institutions to create, support, or maintain such a program. | {"src": "billsum_train", "title": "To encourage initiatives for financial products and services that are appropriate and accessible for millions of American small businesses that do not have access to the financial mainstream."} | 1,529 | 264 | 0.573723 | 1.765668 | 0.737738 | 3.94958 | 6.054622 | 0.941176 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Dog Training Therapy Act''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM ON DOG TRAINING
THERAPY.
(a) In General.--Commencing not later than 120 days after the date
of the enactment of the Act, the Secretary of Veterans Affairs shall
carry out a pilot program under which the Secretary shall enter into a
contract with one or more appropriate non-government entities for the
purpose of assessing the effectiveness of addressing post-deployment
mental health and post-traumatic stress disorder symptoms through a
therapeutic medium of training service dogs for veterans with
disabilities. Such program shall be carried out through the Center for
Compassionate Innovation of the Veterans Health Administration of the
Department of Veterans Affairs.
(b) Duration of Pilot Program.--The pilot program required by
subsection (a) shall be carried out during the five-year period
beginning on the date of the commencement of the pilot program.
(c) Locations of Pilot Program.--In entering into contracts for
purposes of the pilot program, the Secretary shall seek to enter into
contracts with appropriate non-government entities located in close
proximity to at least three but not more than five medical centers of
the Department.
(d) Appropriate Non-Government Entities.--For purposes of the pilot
program, an appropriate non-government entity is an entity that is
certified in the training and handling of service dogs.
(e) Training Area.--The Secretary shall provide to a non-government
entity with which the Secretary enters into a contract under this
section access to a training area in a facility of the Department that
would be appropriate for use in educating veterans with mental health
conditions in the art and science of service dog training and handling.
Such training area shall--
(1) include a dedicated space that is suitable for grooming
and training dogs indoors;
(2) be wheelchair accessible;
(3) include classroom or lecture space;
(4) include office space for staff;
(5) include a suitable space for storing training
equipment;
(6) provide for periodic use of other training areas for
training the dogs with wheelchairs and conducting other
exercises;
(7) include outdoor exercise and toileting space for dogs;
and
(8) provide transportation for weekly field trips to train
dogs in other environments.
(f) Design of Pilot Program.--Each contract entered into under
subsection (a) shall provide that the non-government entity shall--
(1) employ at least one person with clinical experience
related to mental health;
(2) ensure that veterans participating in the program
receive training from certified service dog training
instructors;
(3) ensure that each service dog in training participating
in the pilot program is taught all essential commands
pertaining to service dog skills;
(4) ensure that the pilot program involves both lecture of
service dog training methodologies and practical hands-on
training and grooming of service dogs; and
(5) ensure that the pilot program is designed to--
(A) maximize the therapeutic benefits to veterans
participating in the program; and
(B) provide well-trained service dogs to veterans
with disabilities; and
(6) in hiring service dog training instructors to carry out
training under the pilot program, give a preference to veterans
who have successfully graduated from post-traumatic stress
disorder or other residential treatment programs and who have
received adequate certification in service dog training.
(g) Administration.--In order to carry out the pilot program under
section (a), the Secretary of Veterans Affairs shall--
(1) administer the program through the Center for
Compassionate Innovation of the Veterans Health Administration
of the Department in collaboration with the Recreation Therapy
Service of the Department under the direction of a certified
recreational therapist with sufficient administrative
experience to help oversee the pilot program; and
(2) establish a director of therapeutic service dog
training with a background working in social services,
experience in teaching others to train service dogs in a
vocational setting, and at least one year of experience working
with veterans or active duty service members with post-
traumatic stress disorder in a clinical setting.
(h) Veteran Eligibility.--The Secretary shall select veterans for
participation in the pilot program. A veteran with post-traumatic
stress disorder or other post-deployment mental health condition may
volunteer to participate in the pilot program, if the Secretary
determines that there are adequate program resources available for such
veteran at the pilot program site. Veterans may participate in the
pilot program in conjunction with the compensated work therapy program
of the Department of Veterans Affairs.
(i) Collection of Data.--The Secretary shall collect data on the
pilot program required under subsection (a) to determine how effective
the program is for the veterans participating in the program. Such data
shall include data to determine how effectively the program assists
veterans in--
(1) reducing stigma associated with post-traumatic stress
disorder or other post-deployment mental health condition;
(2) improving emotional regulation;
(3) improving patience;
(4) instilling or re-establishing a sense of purpose;
(5) providing an opportunity to help fellow veterans;
(6) reintegrating into the community;
(7) exposing the dog to new environments and in doing so,
helping the veteran reduce social isolation and withdrawal;
(8) building relationship skills, including parenting
skills;
(9) relaxing the hyper-vigilant survival state;
(10) improving sleep patterns; and
(11) enabling veterans to decrease the use of pain
medication.
(j) Reports to Congress.--Not later than one year after the date of
the commencement of the pilot program under subsection (a), and each
year thereafter for the duration of the pilot program, the Secretary
shall submit to Congress a report on the pilot program. Each such
report shall include--
(1) the number of veterans participating in the pilot
program;
(2) a description of the services carried out under the
pilot program;
(3) the effects that participating in the pilot program has
on the following--
(A) symptoms of post-traumatic stress disorder and
post-deployment adjustment difficulties, including
depression, maintenance of sobriety, suicidal
ideations, and homelessness;
(B) potentially relevant physiological markers that
possibly relate to the interactions with the service
dogs;
(C) family dynamics;
(D) insomnia and pain management; and
(E) overall well-being; and
(4) the recommendations of the Secretary with respect to
the extension or expansion of the pilot program.
(k) Definition.--For the purposes of this section, the term
``service dog training instructor'' means an instructor who provides
the direct training of veterans with post-traumatic stress disorder and
other post-deployment issues in the art and science of service dog
training and handling. | Veterans Dog Training Therapy Act This bill directs the Department of Veterans Affairs (VA) to carry out a five-year pilot program to assess the effectiveness of addressing veterans' post-deployment mental health and post-traumatic stress disorder symptoms through the therapeutic medium of training service dogs for veterans with disabilities. The VA shall: seek to enter into contracts with non-government entities that are certified in the training and handling of service dogs and that are located in close proximity to at least three but not more than five VA medical centers, provide such entities access to a training area in a VA facility that would be appropriate for use in educating veterans with mental health conditions in service dog training and handling, administer the program through the Center for Compassionate Innovation of the Veterans Health Administration in collaboration with the Recreation Therapy Service under the direction of a certified recreational therapist, and establish a director of therapeutic service dog training. Veterans may participate in the program in conjunction with the VA's compensated work therapy program. | {"src": "billsum_train", "title": "Veterans Dog Training Therapy Act"} | 1,410 | 209 | 0.738047 | 2.069402 | 0.903038 | 5.096939 | 7.209184 | 0.923469 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Special Government Employee Act of
1997''.
SEC. 2. AMENDMENT TO DEFINITION OF ``SPECIAL GOVERNMENT EMPLOYEE''.
(a) Amendment to Section 202(a).--Subsection (a) of section 202 of
title 18, United States Code, is amended to read as follows:
``(a) For the purpose of sections 203, 205, 207, 208, and 209 of
this title the term `special Government employee' shall mean--
``(1) an officer or employee as defined in subsection (c)
who is retained, designated, appointed, or employed in the
legislative or executive branch of the United States
Government, in any independent agency of the United States, or
in the government of the District of Columbia, and who, at the
time of retention, designation, appointment or employment, is
expected to perform temporary duties on a full-time or
intermittent basis for not to exceed one hundred and thirty
days during any period of three hundred and sixty five
consecutive days;
``(2) a part-time United States commissioner;
``(3) a part-time United States magistrate;
``(4) an independent counsel appointed under chapter 40 of
title 28 and any person appointed by that independent counsel
under section 594(c) of title 28;
``(5) a person serving as a part-time local representative
of a Member of Congress in the Member's home district or State;
and
``(6) a Reserve officer of the Armed Forces, or an officer
of the National Guard of the United States, who is not
otherwise an officer or employee as defined in subsection (c)
who is--
``(A) on active duty solely for training
(notwithstanding section 2105(d) of title 5);
``(B) serving voluntarily for not to exceed one
hundred and thirty days during any period of three
hundred and sixty five consecutive days; or
``(C) serving involuntarily.''.
(b) Amendment to Section 202(c).--Subsection (c) of 202 of title
18, United States Code, is amended to read as follows:
``(c) The terms `officer' and `employee' in sections 203, 205, 207
through 209, and 218 of this title shall include--
``(1) an individual who is retained, designated, appointed
or employed in the United States Government or in the
government of the District of Columbia, to perform, with or
without compensation and subject to the supervision of the
President, the Vice President, a Member of Congress, a Federal
judge or an officer or employee of the United States or of the
government of the District of Columbia, a Federal or District
of Columbia function under authority of law or an Executive
act. As used in this section, a Federal or District of Columbia
function shall include, but not be limited to--
``(A) supervising, managing, directing or
overseeing a Federal or District of Columbia officer or
employee in the performance of such officer's or
employee's official duties;
``(B) providing regular advice, counsel, or
recommendations to the President, the Vice President, a
Member of Congress, or any Federal or District of
Columbia officer or employee, or conducting meetings
involving any of those individuals, as part of the
Federal or District of Columbia government's internal
deliberative process; or
``(C) obligating funds of the United States or the
District of Columbia;
``(2) a Reserve officer of the Armed Forces or an officer
of the National Guard of the United States who is serving
voluntarily in excess of one hundred and thirty days during any
period of three hundred and sixty-five consecutive days; and
``(3) the President, the Vice President, a Member of
Congress or a Federal judge only if specified in the
section.''.
(c) New Section 202(f).--Section 202 of title 18, United States
Code, is amended by adding at the end the following:
``(f) The terms `officer or employee' and `special Government
employee' as used in sections 203, 205, 207 through 209, and 218, shall
not include enlisted members of the Armed Forces, nor shall they
include an individual who is retained, designated or appointed without
compensation specifically to act as a representative of a non-Federal
(or non-District of Columbia) interest on an advisory committee
established pursuant to the Federal Advisory Committee Act or any
similarly established committee whose meetings are generally open to
the public. The non-Federal interest to be represented must be
specifically set forth in the statute, charter, or Executive act
establishing the committee.''. | Special Government Employee Act of 1997 - Amends the Federal criminal code to include within the definition of "special Government employee" a reserve officer of the armed forces, or a National Guard officer, who is serving voluntarily for up to 130 days during any period of 365 consecutive days. (Such officers are currently considered officers of the United States.)
States that "officer and employee" and "special Government employee" shall not include enlisted military personnel or an individual retained, designated, or appointed without compensation specifically to act as a representative of a non-Federal interest on an advisory committee. | {"src": "billsum_train", "title": "Special Government Employee Act of 1997"} | 1,045 | 132 | 0.52279 | 1.383051 | 0.652322 | 3.715517 | 8.594828 | 0.836207 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Syria Accountability Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) On September 20, 2001, President George Bush stated at
a joint session of Congress that ``[e]very nation, in every
region, now has a decision to make . . . [e]ither you are with
us, or you are with the terrorists . . . [f]rom this day
forward, any nation that continues to harbor or support
terrorism will be regarded by the United States as a hostile
regime''.
(2) United Nations Security Council Resolution 1373
(September 28, 2001) mandates that all states ``refrain from
providing any form of support, active or passive, to entities
or persons involved in terrorist acts'', take ``the necessary
steps to prevent the commission of terrorist acts'', and ``deny
safe haven to those who finance, plan, support, or commit
terrorist acts''.
(3) The Government of Syria is currently prohibited by
United States law from receiving United States assistance
because it is listed as state sponsor of terrorism.
(4) Although the Department of State lists Syria as a state
sponsor of terrorism and reports that Syria provides ``safe
haven and support to several terrorist groups'', fewer United
States sanctions apply with respect to Syria than with respect
to any other country that is listed as a state sponsor of
terrorism.
(5) Terrorist groups, including Hizballah, Hamas, the
Popular Front for the Liberation of Palestine, and the Popular
Front for the Liberation of Palestine-General Command maintain
offices, training camps, and other facilities on Syrian
territory and operate in areas of Lebanon occupied by the
Syrian armed forces and receive supplies from Iran through
Syria.
(6) United Nations Security Council Resolution 520
(September 17, 1982) calls for ``strict respect of the
sovereignty, territorial integrity, unity and political
independence of Lebanon under the sole and exclusive authority
of the Government of Lebanon through the Lebanese Army
throughout Lebanon''.
(7) More than 20,000 Syrian troops and security personnel
occupy much of the sovereign territory of Lebanon exerting
undue influence upon its government and undermining its
political independence.
(8) Since 1990 the Senate and House of Representatives have
passed seven bills and resolutions which call for the
withdrawal of Syrian armed forces from Lebanon.
(9) Large and increasing numbers of the Lebanese people
from across the political spectrum in Lebanon have mounted
peaceful and democratic calls for the withdrawal of the Syrian
Army from Lebanese soil.
(10) Israel has withdrawn all of its armed forces from
Lebanon in accordance with United Nations Security Council
Resolution 425 (March 19, 1978), as certified by the United
Nations Secretary General.
(11) Even in the face of this United Nations certification
that acknowledged Israel's full compliance with Resolution 425,
Syria permits attacks by Hizballah and other militant
organizations on Israeli outposts at Shebaa Farms, under the
false guise that it remains Lebanese land, and is also
permitting attacks on civilian targets in Israel.
(12) Syria will not allow Lebanon--a sovereign country--to
fulfill its obligation in accordance with Security Council
Resolution 425 to deploy its troops to southern Lebanon.
(13) As a result, the Israeli-Lebanese border and much of
southern Lebanon is under the control of Hizballah which
continues to attack Israeli positions and allows Iranian
Revolutionary Guards and other militant groups to operate
freely in the area, destabilizing the entire region.
(14) The United States provides $40,000,000 in assistance
to the Lebanese people through private nongovernmental
organizations, $7,900,000 of which is provided to Lebanese-
American educational institutions.
(15) In the State of the Union address on January 29, 2002,
President Bush declared that the United States will ``work
closely with our coalition to deny terrorists and their state
sponsors the materials, technology, and expertise to make and
deliver weapons of mass destruction''.
(16) The Government of Syria continues to develop and
deploy short and medium range ballistic missiles.
(17) The Government of Syria is pursuing the development
and production of biological and chemical weapons.
(18) United Nations Security Council Resolution 661 (August
6, 1990) and subsequent relevant resolutions restrict the sale
of oil and other commodities by Iraq, except to the extent
authorized by other relevant resolutions.
(19) Syria, a non-permanent United Nations Security Council
member, is receiving between 150,000 and 200,000 barrels of oil
from Iraq in violation of Security Council Resolution 661 and
subsequent relevant resolutions.
(20) Syrian President Bashar Assad promised Secretary of
State Powell in February 2001 to end violations of Security
Council Resolution 661 but this pledge has not been fulfilled.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the Government of Syria should immediately and
unconditionally halt support for terrorism, permanently and
openly declare its total renunciation of all forms of
terrorism, and close all terrorist offices and facilities in
Syria, including the offices of Hamas, Hizballah, the Popular
Front for the Liberation of Palestine, and the Popular Front
for the Liberation of Palestine-General Command;
(2) the Government of Syria should immediately declare its
commitment to completely withdraw its armed forces, including
military, paramilitary, and security forces, from Lebanon, and
set a firm timetable for such withdrawal;
(3) the Government of Lebanon should deploy the Lebanese
armed forces to all areas of Lebanon, including South Lebanon,
in accordance with United Nations Security Council Resolution
520 (September 17, 1982), in order to assert the sovereignty of
the Lebanese state over all of its territory, and should evict
all terrorist and foreign forces from southern Lebanon,
including Hizballah and the Iranian Revolutionary Guards;
(4) the Government of Syria should halt the development and
deployment of short and medium range ballistic missiles and
cease the development and production of biological and chemical
weapons;
(5) the Government of Syria should halt illegal imports and
transshipments of Iraqi oil and come into full compliance with
United Nations Security Council Resolution 661 and subsequent
relevant resolutions;
(6) the Governments of Lebanon and Syria should enter into
serious unconditional bilateral negotiations with the
Government of Israel in order to realize a full and permanent
peace; and
(7) the United States should continue to provide
humanitarian and educational assistance to the people of
Lebanon only through appropriate private, nongovernmental
organizations and appropriate international organizations,
until such time as the Government of Lebanon asserts
sovereignty and control over all of its territory and borders
and achieves full political independence, as called for in
United Nations Security Council Resolution 520.
SEC. 4. STATEMENT OF POLICY.
It should be the policy of the United States that--
(1) Syria will be held responsible for all attacks
committed by Hizballah and other terrorist groups with offices
or other facilities in Syria, or bases in areas of Lebanon
occupied by Syria;
(2) the United States will work to deny Syria the ability
to support acts of international terrorism and efforts to
develop or acquire weapons of mass destruction;
(3) the Secretary of State will continue to list Syria as a
state sponsor of terrorism until Syria ends its support for
terrorism, including its support of Hizballah and other
terrorist groups in Lebanon and its hosting of terrorist groups
in Damascus, and comes into full compliance with United States
law relating to terrorism and United Nations Security Council
Resolution 1373 (September 28, 2001);
(4) the full restoration of Lebanon's sovereignty,
political independence, and territorial integrity is in the
national security interest of the United States;
(5) Syria is in violation of United Nations Security
Council Resolution 520 (September 17, 1982) through its
continued occupation of Lebanese territory and its encroachment
upon its political independence;
(6) Syria's obligation to withdraw from Lebanon is not
conditioned upon progress in the Israeli-Syrian or Israeli-
Lebanese peace process but derives from Syria's obligation
under Security Council Resolution 520;
(7) Syria's acquisition of weapons of mass destruction and
ballistic missile programs threaten the security of the Middle
East and the national interests of the United States;
(8) Syria is in violation of United Nations Security
Council Resolution 661 (August 6, 1990) and subsequent relevant
resolutions through its continued purchase of oil from Iraq;
and
(9) the United States will not provide any assistance to
Syria and will oppose multilateral assistance for Syria until
Syria withdraws its armed forces from Lebanon, halts the
development and deployment of weapons of mass destruction and
ballistic missiles, and complies with Security Council
Resolution 661 and subsequent relevant resolutions.
SEC. 5. SANCTIONS.
(a) Sanctions.--Until the President makes the determination that
Syria meets the requirements described in paragraphs (1) through (4) of
subsection (c) and certifies such determination to Congress in
accordance with such subsection--
(1) the President shall prohibit the export to Syria of any
item, including the issuance of a license for the export of any
item on the United States Munitions List or Commerce Control
List of dual-use items in the Export Administration Regulations
(15 C.F.R. part 730 et seq.);
(2) the President shall prohibit United States Government
assistance, including loans, credits, or other financial
assistance, to United States businesses with respect to
investment or other activities in Syria;
(3) the President shall prohibit the conduct of programs of
the Overseas Private Investment Corporation and the Trade and
Development Agency in or with respect to Syria; and
(4) the President shall impose two or more of the following
sanctions:
(A) Prohibit the export of products of the United
States (other than food and medicine) to Syria.
(B) Prohibit United States businesses from
investing or operating in Syria.
(C) Restrict Syrian diplomats in Washington, D.C.,
and at the United Nations in New York City, to travel
only within a 25-mile radius of Washington, D.C., or
the United Nations headquarters building, respectively.
(D) Reduce United States diplomatic contacts with
Syria (other than those contacts required to protect
United States interests or carry out the purposes of
this Act).
(E) Block transactions in any property in which the
Government of Syria has any interest, by any person, or
with respect to any property, subject to the
jurisdiction of the United States.
(b) Waiver.--The President may waive the application of either
paragraph (2) or (3) (or both) of subsection (a) if the President
determines that it is in the national security interest of the United
States to do so.
(c) Certification.--A certification under this subsection is a
certification transmitted to the appropriate congressional committees
of a determination made by the President that--
(1) the Government of Syria does not provide support for
international terrorist groups and does not allow terrorist
groups, such as Hamas, Hizballah, the Popular Front for the
Liberation of Palestine, and the Popular Front for the
Liberation of Palestine-General Command to maintain facilities
in Syria;
(2) the Government of Syria has withdrawn all Syrian
military, intelligence, and other security personnel from
Lebanon;
(3) the Government of Syria has ceased the development and
deployment of ballistic missiles and has ceased the development
and production of biological and chemical weapons; and
(4) the Government of Syria is no longer in violation of
United Nations Security Council Resolution 661 and subsequent
relevant resolutions.
SEC. 6. REPORT.
(a) Report.--Not later than 6 months after the date of the
enactment of this Act, and every 12 months thereafter until the
conditions described in paragraphs (1) through (4) of section 5(c) are
satisfied, the Secretary of State shall submit to the appropriate
congressional committees a report on--
(1) Syria's progress toward meeting the conditions
described in paragraphs (1) through (4) of section 5(c); and
(2) connections, if any, between individual terrorists and
terrorist groups which maintain offices, training camps, or
other facilities on Syrian territory, or operate in areas of
Lebanon occupied by the Syrian armed forces, and the attacks
against the United States that occurred on September 11, 2001,
and other terrorist attacks on the United States or its
citizens, installations, or allies.
(b) Form.--The report submitted under subsection (a) shall be in
unclassified form but may include a classified annex.
SEC. 7. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.
In this Act, the term ``appropriate congressional committees''
means the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate. | Syria Accountability Act of 2002 - Prohibits the President from exporting any item on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations, providing any U.S. assistance to U.S. businesses with respect to investment or other activities, or conducting Overseas Private Investment Corporation and Trade Development Agency programs in or with respect to Syria.Directs the President to impose two or more specified sanctions against Syria.Requires maintenance of such prohibition and sanctions until the President certifies that Syria meets specified requirements, including that it: (1) does not support international terrorist groups; (2) has withdrawn all of its military personnel from Lebanon: (3) has ceased the development and deployment of ballistic missiles and biological and chemical weapons; and (4) is no longer in violation of United Nations (UN) Security Council Resolution 661 and subsequent relevant resolutions. | {"src": "billsum_train", "title": "A bill to halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil, and by so doing hold Syria accountable for its role in the Middle East, and for other purposes."} | 2,730 | 191 | 0.51636 | 1.539392 | 0.756639 | 4.060241 | 16.036145 | 0.927711 |
of Disapproval.--
(1) Joint resolution of disapproval defined.--In this
subsection, the term ``joint resolution of disapproval'' means
a joint resolution of either House of Congress the sole matter
after the resolving clause of which is as follows: ``That
Congress disapproves of the action proposed by the President in
the report submitted to Congress under section 4(a) of the
Russia Sanctions Review Act of 2017 on ____.'', with the blank
space being filled with the appropriate date.
(2) Effect of enactment.--Notwithstanding any other
provision of law, the President may not take any action to
waive, suspend, reduce, provide relief from, or otherwise limit
the application of sanctions with respect to the Russian
Federation, if a joint resolution of disapproval is enacted in
accordance with this subsection.
(3) Introduction.--During the 120-calendar-day period
provided for under subsection (b)(1), a joint resolution of
disapproval may be introduced--
(A) in the House of Representatives, by the
majority leader or the minority leader; and
(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
(4) Floor consideration in house of representatives.--
(A) Reporting and discharge.--If a committee of the
House of Representatives to which a joint resolution of
disapproval has been referred has not reported the
resolution within 10 legislative days after the date of
referral, that committee shall be discharged from
further consideration thereof.
(B) Proceeding to consideration.--Beginning on the
third legislative day after each committee to which a
joint resolution of disapproval has been referred
reports it to the House or has been discharged from
further consideration thereof, it shall be in order to
move to proceed to consider the resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
(C) Consideration.--The joint resolution of
disapproval shall be considered as read. All points of
order against the resolution and against its
consideration are waived. The previous question shall
be considered as ordered on the resolution to final
passage without intervening motion except two hours of
debate equally divided and controlled by the sponsor of
the resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
resolution shall not be in order.
(5) Consideration in the senate.--
(A) Committee referral.--A joint resolution of
disapproval introduced in the Senate shall be referred
to the Committee on Foreign Relations.
(B) Reporting and discharge.--If the Committee on
Foreign Relations has not reported a joint resolution
of disapproval within 10 session days after the date of
referral of the resolution, that committee shall be
discharged from further consideration of the resolution
and the resolution shall be placed on the appropriate
calendar.
(C) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the Committee on Foreign
Relations reports the joint resolution of disapproval
to the Senate or has been discharged from its
consideration (even though a previous motion to the
same effect has been disagreed to) to move to proceed
to the consideration of the resolution, and all points
of order against the resolution (and against
consideration of the resolution) are waived. The motion
to proceed is not debatable. The motion is not subject
to a motion to postpone. A motion to reconsider the
vote by which the motion is agreed to or disagreed to
shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the
resolution shall remain the unfinished business until
disposed of.
(D) Debate.--Debate on the joint resolution of
disapproval, and on all debatable motions and appeals
in connection therewith, shall be limited to not more
than 10 hours, which shall be divided equally between
the majority and minority leaders or their designees. A
motion to further limit debate is in order and not
debatable. An amendment to, or a motion to postpone, or
a motion to proceed to the consideration of other
business, or a motion to recommit the resolution is not
in order.
(E) Vote on passage.--The vote on passage shall
occur immediately following the conclusion of the
debate on the joint resolution of disapproval and a
single quorum call at the conclusion of the debate, if
requested in accordance with the rules of the Senate.
(F) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to the joint resolution
of disapproval shall be decided without debate.
(G) Consideration of veto messages.--Debate in the
Senate of any veto message with respect to the joint
resolution of disapproval, including all debatable
motions and appeals in connection with the resolution,
shall be limited to 10 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(6) Rules relating to senate and house of
representatives.--
(A) Coordination with action by other house.--If,
before the passage by one House of a joint resolution
of disapproval of that House, that House receives a
joint resolution of disapproval from the other House,
the following procedures shall apply:
(i) The joint resolution of disapproval of
the other House shall not be referred to a
committee.
(ii) With respect to the joint resolution
of disapproval of the House receiving the joint
resolution of disapproval from the other
House--
(I) the procedure in that House
shall be the same as if no joint
resolution of disapproval had been
received from the other House; but
(II) the vote on passage shall be
on the joint resolution of disapproval
of the other House.
(B) Treatment of a resolution of other house.--If
one House fails to introduce a joint resolution of
disapproval, the joint resolution of disapproval of the
other House shall be entitled to expedited floor
procedures under this subsection.
(C) Treatment of house resolution in senate.--If,
following passage of the joint resolution of
disapproval in the Senate, the Senate then receives a
joint resolution of disapproval from the House of
Representatives, the joint resolution of disapproval of
the House shall not be debatable.
(D) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a joint resolution of
disapproval that is a revenue measure.
(7) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, but applicable only with respect
to the procedure to be followed in that House in the
case of a joint resolution of disapproval, and
supersedes other rules only to the extent that it is
inconsistent with such rules; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.
(d) Definitions.--In this section:
(1) Appropriate congressional committees and leadership.--
The term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Finance, the Committee on
Banking, Housing, and Urban Affairs, the Select
Committee on Intelligence, the Committee on Foreign
Relations, and the majority and minority leaders of the
Senate; and
(B) the Committee on Ways and Means, the Committee
on Financial Services, the Permanent Select Committee
on Intelligence, the Committee on Foreign Affairs, and
the Speaker, the majority leader, and the minority
leader of the House of Representatives.
(2) United states person.--The term ``United States
person'' means--
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the
United States or of any jurisdiction within the United
States, including a foreign branch of such an entity. | Russia Sanctions Review Act of 2017 This bill provides that the following executive orders, as in effect on January 1, 2017, and any sanctions imposed pursuant to such orders, shall remain in effect: (1) Executive Order 13694 (relating to blocking property of certain persons engaging in significant malicious cyber-enabled activities); (2) Executive Orders 13660, 13661, and 13662 (relating to blocking property of certain persons contributing to the situation in Ukraine); and (3) Executive Order 13685 (relating to blocking property of certain persons and prohibiting certain transactions with respect to the Crimea region of Ukraine). Before taking any action to waive or otherwise limit the application of sanctions with respect to the Russian Federation, the President shall submit to specified congressional committees a report that: (1) describes the proposed action; and (2) certifies that the Russian government has ceased ordering or supporting acts intended to undermine Ukraine's peace, security, stability,sovereignty, or territorial integrity and has ceased cyber attacks against the U.S. government and U.S. persons and entities. During the 120-day period following a report's submission: (1) the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs shall review such report and certification, and (2) the President may not take action to waive or otherwise limit the application of such sanctions. The President may not take action to waive or otherwise limit the application of sanctions with respect to the Russian Federation: (1) for 12 days after the date of passage by both Houses of Congress of a congressional joint resolution disapproving such action, (2) for 10 days after the the President vetoes such joint resolution, and (3) if such joint resolution is enacted as provided for by this bill. | {"src": "billsum_train", "title": "Russia Sanctions Review Act of 2017"} | 1,942 | 364 | 0.582679 | 1.79131 | 0.650998 | 2.056047 | 5.238938 | 0.764012 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Holocaust Education Assistance
Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The Holocaust was an historical event that resulted in
the systemic, state-sponsored mass murders by Nazi Germany of
6,000,000 Jews, along with millions of others, in the name of
racial purity.
(2) Six States (California, Florida, Illinois,
Massachusetts, New Jersey, and New York) now mandate that the
Holocaust be taught in the educational curriculum, and 11
States (Connecticut, Georgia, Indiana, Nevada, North Carolina,
Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and
Washington) recommend teaching the Holocaust.
(3) The Holocaust is a sensitive and difficult issue about
which to teach, and to do so effectively, educators need
appropriate teaching tools and training to increase their
knowledge and to enhance the educational experience.
(b) Purposes.--The purposes of this Act are as follows:
(1) To educate Americans so that they can--
(A) explore the lessons that the Holocaust provides
for all people; and
(B) be less susceptible to the falsehood of
Holocaust denial and to the destructive messages of
hate that arise from Holocaust denial.
(2) To provide resources and support for education programs
that--
(A) portray accurate historical information about
the Holocaust;
(B) sensitize communities to the circumstances that
gave rise to the Holocaust;
(C) convey the lessons that the Holocaust provides
for all people; and
(D) develop curriculum guides and provide training,
to help teachers incorporate into their mainstream
disciplines the study of the Holocaust and its lessons.
SEC. 3. GRANTS AUTHORIZED.
The Secretary is authorized to award grants to educational
organizations to carry out proposed or existing Holocaust education
programs.
SEC. 4. USE OF FUNDS.
(a) In General.--An educational organization receiving a grant
authorized in section 3 shall use such grant amounts only to carry out
the Holocaust education program for which the grant amounts were
provided.
(b) Requirements.--An educational organization receiving a grant
authorized in section 3 shall comply with the following requirements:
(1) Continuation of eligibility.--The educational
organization shall, throughout the period that the educational
organization receives and uses such grant amounts, continue to
be an educational organization.
(2) Supplementation of existing funds.--The educational
organization shall ensure that such grant amounts are used to
supplement, and not supplant, non-Federal funds that would
otherwise be available to the educational organization to carry
out the Holocaust education program for which the grant amounts
were provided.
(c) Additional Conditions.--The Secretary may require additional
terms and conditions in connection with the use of a grant awarded
under this Act as the Secretary considers appropriate.
SEC. 5. SELECTION CRITERIA.
(a) In General.--The Secretary shall award grants in accordance
with competitive criteria to be established by the Secretary.
(b) Consultation With Holocaust Educators.--In establishing the
competitive criteria under subsection (a), the Secretary shall consult
with a variety of individuals, to be determined by the Secretary, who
are prominent educators in the field of Holocaust education.
SEC. 6. APPLICATION.
The Secretary may award grant amounts under this Act only to an
educational organization that has submitted an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may require.
SEC. 7. REVIEW AND SANCTIONS.
(a) Annual Review.--The Secretary shall review, at least annually,
each educational organization receiving grant amounts under this Act to
determine the extent to which the educational organization has complied
with the provisions of this Act.
(b) Imposition of Sanctions.--The Secretary may impose sanctions on
an educational organization for any failure of the educational
organization to comply substantially with the provisions of this Act.
The Secretary shall establish the sanctions to be imposed for a failure
to comply substantially with the provisions of this Act.
SEC. 8. ANNUAL REPORT.
Not later than February 1 of each year, the Secretary shall submit
to the Senate and House of Representatives a report describing the
activities carried out under this Act and containing any related
information that the Secretary considers appropriate.
SEC. 9. DEFINITIONS.
In this Act:
(1) Educational organization.--The term ``educational
organization'' means an entity--
(A) described in section 501(c)(3) of the Internal
Revenue Code of 1986;
(B) exempt from tax under section 501(a) of the
Internal Revenue Code of 1986; and
(C) organized and operated for cultural, literary,
or educational purposes.
(2) Holocaust education program.--The term ``Holocaust
education program'' means a program that--
(A) has as its specific and primary purpose to
improve awareness and understanding of the Holocaust;
and
(B) to achieve such purpose, furnishes one or more
of the following:
(i) Classes, seminars, or conferences.
(ii) Educational materials.
(iii) Teacher training.
(iv) Any other good or service designed to
improve awareness and understanding of the
Holocaust.
(3) Holocaust.--The term ``Holocaust'' means the historical
event that resulted in the systemic, state-sponsored mass
murders by Nazi Germany of 6,000,000 Jews, along with millions
of others, in the name of racial purity.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 10. REGULATIONS.
The Secretary shall issue any regulations necessary to carry out
this Act.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $2,000,000 each fiscal year
for five fiscal years, beginning with the first fiscal year to commence
after the date of enactment of this Act, to remain available until
expended. | Holocaust Education Assistance Act - Authorizes the Secretary of Education to make competitive grants to educational organizations to carry out educational programs about the Holocaust. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Education to make grants to educational organizations to carry out educational programs about the Holocaust."} | 1,303 | 30 | 0.560947 | 1.494326 | 0.658401 | 2.230769 | 46.692308 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Cost Effective
Drugs Act'' or the ``PACED Act''.
SEC. 2. ABROGATION OF SOVEREIGN IMMUNITY.
(a) In General.--Title 35, United States Code, is amended--
(1) in section 135, by adding at the end the following:
``(g) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) a derivation proceeding instituted under
subsection (a); or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any proceeding described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.'';
(2) in section 296--
(A) in the section heading, by striking ``and State
officials'' and inserting ``, State officials, and
Indian tribes''; and
(B) by adding at the end the following:
``(c) Abrogation of Tribal Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `covered claim' means any claim,
counterclaim, or third-party claim that arises under--
``(i) this title relating to infringement
of a patent; or
``(ii) section 351 of the Public Health
Service Act (42 U.S.C. 262); and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation.--In any action that involves a covered
claim that is otherwise within the jurisdiction of a court of
the United States, an Indian tribe may not assert sovereign
immunity as a defense.'';
(3) in section 305--
(A) in the first sentence, by striking ``After
the'' and inserting the following:
``(a) In General.--After the''; and
(B) by adding at the end the following:
``(b) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) any reexamination proceeding under this
section, including any appeal to the Patent Trial and
Appeal Board; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any proceeding described in
paragraph (2)(A), the Office or the Patent Trial and Appeal
Board, as applicable, shall determine whether the patent owner
is immune from the jurisdiction of the Office or the Patent
Trial and Appeal Board, as applicable, in accordance with
chapter 97 of title 28 as if the Office or the Patent Trial and
Appeal Board, as applicable, were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.'';
(4) in section 316, by adding at the end the following:
``(f) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) an inter partes review instituted under this
chapter; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any review described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.''; and
(5) in section 326, by adding at the end the following:
``(f) Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `foreign state' has the meaning
given the term in section 1603(a) of title 28; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation of sovereign immunity.--Except as provided
in paragraph (3), and subject to paragraph (4), a patent owner
may not assert sovereign immunity, including the sovereign
immunity accorded to an Indian tribe, as a defense in--
``(A) a post-grant review instituted under this
chapter; or
``(B) a review by a court of the United States with
respect to a decision reached in a proceeding described
in subparagraph (A).
``(3) Immunity of foreign states.--If a patent owner is a
foreign state, for the purposes of any review described in
paragraph (2)(A), the Patent Trial and Appeal Board shall
determine whether the patent owner is immune from the
jurisdiction of the Patent Trial and Appeal Board, in
accordance with chapter 97 of title 28 as if the Patent Trial
and Appeal Board were a court of the United States.
``(4) Limitation.--This subsection shall apply only to the
extent permitted under the 11th amendment to the Constitution
of the United States.''.
(b) Amendments to the Tariff Act of 1930.--Section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) is amended by adding at the end the
following:
``(o) Abrogation of Tribal Sovereign Immunity.--
``(1) Definitions.--In this subsection--
``(A) the term `covered person'--
``(i) means a person; and
``(ii) includes--
``(I) an Indian tribe; and
``(II) any other person that claims
immunity on account of the sovereign
status of an Indian tribe; and
``(B) the term `Indian tribe' has the meaning given
the term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).
``(2) Abrogation.--In any proceeding under this section, no
covered person may assert as a defense the sovereign immunity
that is accorded to an Indian tribe.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 29 of title 35, United States Code, is amended by striking the
item relating to section 296 and inserting the following:
``296. Liability of States, instrumentalities of States, State
officials, and Indian tribes for
infringement of patents.''. | Preserving Access to Cost Effective Drugs Act or the PACED Act This bill prohibits patent owners from asserting tribal sovereign immunity as a defense in certain proceedings before the U.S. Patent and Trademark Office, including patent validity challenge proceedings before the Patent Trial and Appeal Board (PTAB). The prohibition also applies to court actions and proceedings before the International Trade Commission. Sovereign immunity for foreign states shall apply in the PTAB as it applies in federal court. | {"src": "billsum_train", "title": "Preserving Access to Cost Effective Drugs Act"} | 2,151 | 107 | 0.51402 | 1.315173 | 0.934303 | 1.638554 | 22.951807 | 0.674699 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Physician Telephone
Consultation Services Coverage Act of 2008''.
SEC. 2. MEDICARE PAYMENT FOR UNSCHEDULED PHYSICIAN TELEPHONE SERVICES.
(a) Coverage Under Part B.--
(1) In general.--Section 1861(s)(2) of the Social Security
Act (42 U.S.C. 1395x(s)(2)) is amended--
(A) in subparagraph (Z), by striking ``and'' at the
end;
(B) in subparagraph (AA), by adding at the end
``and''; and
(C) by adding at the end the following new
subparagraph:
``(BB) subject to section 2(c) of the Medicare
Physician Telephone Consultation Services Coverage Act
of 2008, unscheduled telephone consultation services
(as defined in subsection (ccc)(1)) by a physician,
with respect to the treatment of an individual, if--
``(i) the Medicare number of the individual
is associated with the national provider
identifier of the physician;
``(ii) to ensure the quality and
appropriateness of such consultation services,
the utilization of such services by the
individual can be reviewed by a utilization and
quality control peer review organization or
eligible entity with which the Secretary has
entered into a contract under part B of title
XI or section 1893, respectively, by the
organization or entity applying for purposes of
the review under this subparagraph the
processes and standards used by such
organization or entity under such part or
section, respectively, in the same manner that
such processes and standards apply for purposes
of carrying out utilization and quality review
under such part or section, respectively;
``(iii) such consultation services are
securely recorded by the Secretary (or an
entity described in subsection (ccc)(1) with
which the Secretary enters into a contract) for
purposes of appropriate review by peers of the
physician who practice in the same medical
specialty as the physician and Medicare
administrative contractor oversight of such
services; and
``(iv) the physician provides for the
submission to the Secretary (or an entity
described in subsection (ccc)(1) with which the
Secretary enters into a contract) and the
Secretary (or such an entity) records and
maintains a summary of each such consultation
service furnished by the physician that
includes--
``(I) the date and time (including
duration) of the consultation service;
``(II) a unique medical record
number specified by the Secretary (or
such entity) to identify the
consultation service;
``(III) the name of the individual;
``(IV) the name of the physician;
and
``(V) a summary of the content of
the consultation service;''.
(2) Unscheduled telephone consultation services defined.--
Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding
at the end the following new subsection:
``Unscheduled Telephone Consultation Services
``(ccc)(1) The term `unscheduled telephone consultation service'
means a consultation conducted by means of telephone or similar
electronic communication device between a physician and an individual
(or a representative of such individual), with respect to the treatment
of such individual, that is not included as a scheduled physician
service (as defined by the Secretary in regulations), and which is
initiated by the individual (or representative) contacting a
communication network operated by the Secretary (or an entity with
which the Secretary enters into a contract) that connects the
individual to the physician, securely records the consultation for
purposes of subsection (s)(2)(BB), and maintains the information
described in clause (iv) of such subsection with respect to such
consultation.
``(2) For purposes of applying the regulations promulgated pursuant
to section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) with
respect to an unscheduled telephone consultation service furnished by a
physician--
``(A) an entity with which the Secretary contracts under
this subsection shall be treated as a health oversight agency;
and
``(B) activities of such an entity described in
subparagraph (A) in relation to such physician and such
unscheduled telephone consultation service are deemed to be
health oversight activities.''.
(b) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of
such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(BB),''
after ``(2)(AA),''.
(c) Contingent Effective Date, Demonstration Program.--
(1) Contingent effective date.--The amendments made by this
section shall become effective (if at all) in accordance with
paragraph (2).
(2) Demonstration program.--
(A) In general.--The Secretary of Health and Human
Services (in this paragraph referred to as the
``Secretary'') shall establish a demonstration program
to begin not later than 6 months after the date of the
enactment of this Act to test the effectiveness of
providing coverage under the Medicare Program for
unscheduled telephone consultation services (as defined
in section 1861(ccc) of the Social Security Act) by
physicians to the extent provided under the amendments
made by this section to a sample group of Medicare
beneficiaries. For purposes of such demonstration
program, the Secretary shall find that the provision of
such coverage is effective if--
(i) the coverage reduces costs to the
Medicare Program (such as through a reduction
in admissions to the emergency departments of
hospitals), whether or not such reduction is
demonstrated in a reduction in the facility
fees of hospital emergency departments,
professional fees of emergency department
physicians, laboratory fees, pathologist fees,
hospital radiology department fees for
technical components of x-rays, radiologist
professional fees for interpreting x-rays,
hospital respiratory department fees for
respiratory treatments, hospital cardiology
department fees for electrocardiograms,
professional fees for interpreting such
electrocardiograms, or any other cost specified
by the Secretary; and
(ii) the coverage results in patient health
outcomes that are at least as favorable as
would apply in the absence of such coverage (as
determined in accordance with criteria
established by the Centers for Medicare &
Medicaid Services, in consultation with
physician organizations).
(B) Initial period of demonstration program.--The
demonstration program under subparagraph (A) shall be
conducted for an initial period of 24 months.
(C) Report to congress.--
(i) In general.--Not later than 30 days
after the last day of the initial period under
subparagraph (B), the Secretary shall submit to
Congress a report on the results of the
demonstration program under this paragraph.
(ii) Finding that payments are effective.--
If the Secretary finds, on the basis of the
data derived from the demonstration program
under subparagraph (A) and in accordance with
such subparagraph, that providing coverage
under the Medicare Program for unscheduled
telephone consultation services by physicians
(to the extent provided under the amendments
made by this section) is effective, the
amendments made by this section shall become
effective on the first day of the first month
beginning after the date the report under
clause (i) is submitted to Congress.
(iii) Finding that payments are not
effective.--If the Secretary finds, on the
basis of the data derived from the
demonstration program under subparagraph (A)
and in accordance with such subparagraph, that
a finding of effectiveness (as described in
clause (ii)) cannot be made, the demonstration
program shall continue for a period of an
additional 24 months. Not later than 30 days
after the last day of such period, the
Secretary shall submit to Congress a final
report on the results of such program. The
amendments made by this section shall become
effective on the first day of the first month
beginning after the date such report is
submitted to Congress unless the report
contains a finding by the Secretary, on the
basis of such data and in accordance with such
subparagraph, that providing coverage under the
Medicare Program for unscheduled telephone
consultation services by physicians (to the
extent provided under the amendments made by
this section) is not effective, in which case
the amendments made by this section shall not
become effective.
(d) Clarification.--Nothing in the provisions of this section or
the amendments made by this section shall be construed as authorizing
the creation of a national reporting system on physician quality. | Medicare Physician Telephone Consultation Services Coverage Act of 2008 - Amends title XVIII (Medicare) of the Social Security Act to cover unscheduled physician telephone consultation services under Medicare part B (Supplementary Medical Insurance).
Directs the Secretary of Health and Human Services to establish a demonstration program to test the effectiveness of providing Medicare coverage for such services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide payments under the Medicare Program for unscheduled physician telephone consultation services in the case that such payments are determined to be cost and quality effective."} | 1,879 | 81 | 0.491875 | 1.135582 | 0.800363 | 2.890625 | 27.234375 | 0.921875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mercury Market Minimization Act of
2006''.
SEC. 2. FINDINGS.
Congress finds that--
(1) mercury and mercury compounds are highly toxic to
humans, ecosystems, and wildlife;
(2) as many as 10 percent of women in the United States of
childbearing age have mercury in the blood at a level that
could put a baby at risk;
(3) as many as 630,000 children born annually in the United
States are at risk of neurological problems related to mercury;
(4) the most significant source of mercury exposure to
people in the United States is ingestion of mercury-
contaminated fish;
(5) the Environmental Protection Agency reports that, as of
2004--
(A) 44 States have fish advisories covering over
13,000,000 lake acres and over 750,000 river miles;
(B) in 21 States the freshwater advisories are
statewide; and
(C) in 12 States the coastal advisories are
statewide;
(6) the long-term solution to mercury pollution is to
minimize global mercury use and releases to eventually achieve
reduced contamination levels in the environment, rather than
reducing fish consumption since uncontaminated fish represents
a critical and healthy source of nutrition worldwide;
(7) mercury pollution is a transboundary pollutant,
depositing locally, regionally, and globally, and affecting
water bodies near industrial sources (including the Great
Lakes) and remote areas (including the Arctic Circle);
(8) the free trade of mercury and mercury compounds on the
world market, at relatively low prices and in ready supply,
encourages the continued use of mercury outside of the United
States, often involving highly dispersive activities such as
artisinal gold mining;
(9) the intentional use of mercury is declining in the
United States as a consequence of process changes to
manufactured products (including batteries, paints, switches,
and measuring devices), but those uses remain substantial in
the developing world where releases from the products are
extremely likely due to the limited pollution control and waste
management infrastructures in those countries;
(10) the member countries of the European Union
collectively are the largest source of mercury exports
globally;
(11) the European Union is in the process of enacting
legislation that will prohibit mercury exports by not later
than 2011;
(12) the United States is a net exporter of mercury and,
according to the United States Geologic Survey, exported 506
metric tons of mercury more than the United States imported
during the period of 2000 through 2004; and
(13) banning exports of mercury from the United States will
have a notable affect on the market availability of mercury and
switching to affordable mercury alternatives in the developing
world.
SEC. 3. PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF MERCURY BY
DEPARTMENT OF DEFENSE OR DEPARTMENT OF ENERGY.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended by adding at the end the following:
``(f) Mercury.--
``(1) Prohibition on sale, distribution, and transfer by
department of defense.--Effective as of the date of enactment
of this subsection, the Secretary of Defense may not convey,
sell, distribute, or otherwise transfer to any other department
or agency of the Federal Government, any State or local
government, or any private person or entity any elemental
mercury under the control or jurisdiction of the Department of
Defense.
``(2) Prohibition on sale, distribution, and transfer by
department of energy.--Effective as of the date of enactment of
this subsection, the Secretary of Energy may not convey, sell,
distribute, or otherwise transfer to any other department or
agency of the Federal Government, any State or local
government, or any private person or entity any elemental
mercury under the control or jurisdiction of the Department of
Energy.
``(3) Exception.--The prohibitions in paragraphs (1) and
(2) shall not apply to the transfer of elemental mercury to any
storage or other facility established under section
12(c)(3).''.
SEC. 4. PROHIBITION ON EXPORT OF MERCURY.
Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is
amended--
(1) in subsection (a) by striking ``subsection (b)'' and
inserting ``subsections (b) and (c)''; and
(2) by adding at the end the following:
``(c) Prohibition on Export of Mercury.--
``(1) Elemental mercury.--Effective January 1, 2010, the
export of elemental mercury from the United States is
prohibited.
``(2) Extension of prohibition to mercury compounds.--
``(A) In general.--Beginning on January 1, 2010,
the President may prohibit the export of any mercury
compound from the United States as necessary--
``(i) to avoid subversion of the mercury
ban; and
``(ii) to achieve the full force and effect
of the prohibition under paragraph (1).
``(B) Notice to congress.--
``(i) In general.--If the President
exercises the authority in subparagraph (A),
the President shall notify Congress.
``(ii) Requirements.--A notification under
clause (i) shall describe--
``(I) each mercury compound the
export of which from the United States
will be prohibited; and
``(II) a justification of the
prohibition of export of each compound.
``(3) Storage of excess mercury.--
``(A) Establishment of storage capacity.--In order
to implement the prohibition on the export of elemental
mercury under paragraph (1) and the prohibition, if
any, on the export of mercury compounds under paragraph
(2), the President shall establish the capacity
(including 1 or more storage facilities) to store
safely such elemental mercury and mercury compounds
covered by the prohibitions as are in excess of
quantities necessary for domestic consumption.
``(B) Regulations.--The establishment and operation
of facilities to provide the capacity required by
subparagraph (A) shall be governed by such regulations
as the President may prescribe for purposes of this
paragraph.
``(4) Inapplicability of unreasonable risk requirement.--
Subsection (a) shall not apply to this subsection.''. | Mercury Market Minimization Act of 2006 - Amends the Toxic Substances Control Act to prohibit the Secretary of Defense and the Secretary of Energy from conveying, selling, distributing, or otherwise transferring elemental mercury. Exempts the transfer of elemental mercury to any storage or other facility established pursuant to this Act.
Prohibits the export of elemental mercury from the United States, effective on January 1, 2010, and authorizes the President to prohibit the export of any mercury compound as necessary to achieve the full force and effect of such elemental mercury export ban.
Requires the President to establish the capacity (including storage facilities) to safely store covered mercury and mercury compounds in excess of quantities necessary for domestic consumption. | {"src": "billsum_train", "title": "A bill to prohibit the Department of Defense and the Department of Energy from selling, distributing, or transferring elemental mercury, to prohibit the export of elemental mercury, and for other purposes."} | 1,366 | 155 | 0.477629 | 1.316948 | 0.615023 | 3.522727 | 9.848485 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deep Creek-Yampatika Ute Wilderness
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) Certain areas located in the White River National
Forest and the Bureau of Land Management, Glenwood Springs
Resource Area, in Colorado along Deep Creek should be protected
and enhanced for the benefit and enjoyment of present and
future generations, including the areas making up the rugged
and remote limestone gorge formed by Deep Creek on the White
River Plateau of the White River National Forest in Garfield
and Eagle Counties, Colorado, which have wilderness values and
offer unique and valuable scenic, geological, scientific, and
recreational opportunities.
(2) The unique high elevation riparian areas and natural
and wildlife components, enhanced by the rural western setting
of the area, provide extensive opportunities for primitive
recreational activities, are publicly used for hiking, cave
exploration, and solitude, and are worthy of additional
protection as a wilderness area.
(3) Deep Creek carves a rugged and remote limestone gorge,
forming a dramatic pristine canyon over 2,500 feet deep and 13
miles long.
(4) The limestone strata have created ideal conditions for
the formation of caves, many of which are among Colorado's most
outstanding.
(5) There are both absolute and conditional decreed water
rights appertaining to waters upstream and downstream from the
Wilderness Area. These rights are private property rights and
are entitled to protection.
(6) It is possible to provide for proper management and
protection of the wilderness values of the Wilderness Area in
ways that provide for the reasonable development of the
upstream and adjacent water rights.
(7) Out of respect for the native Ute people who frequented
the area near Trappers Lake and the Deep Creek headwaters for
centuries, the Wilderness Area shall be known as the Deep
Creek-Yampatika Ute Wilderness.
(8) Colorado law authorizes the Colorado Water Conservation
Board to hold instream flow rights in order to protect the
natural environment. Establishment and/or augmentation of such
an instream flow right for Deep Creek, abandonment of existing
conditional rights appertaining to waters upstream from the
Wilderness Area, and/or conversion to such instream flow rights
of existing absolute water rights appertaining to such waters
would be beneficial to the protection of the resources and
values of the Wilderness Area.
(9) There are no known water resource facilities or
projects, or rights-of-way or access routes serving water
resource facilities or projects, within the Wilderness Area.
Therefore, it is not necessary to include provisions in this
Act for access, operation, routes, maintenance, or repair for
water resource facilities or projects.
(b) Purpose.--The purpose of this Act is to conserve, protect, and
enhance for the benefit and enjoyment of present and future generations
the unique and nationally important values of the Federal lands
depicted on the Map, including wilderness, geological, natural,
scientific, recreational, environmental, biological, and scenic
resources of such Federal lands, by establishing the Deep Creek-
Yampatika Ute Wilderness Area in the State of Colorado.
SEC. 3. DEFINITIONS.
In this Act:
(1) Wilderness area.--The term ``Wilderness Area'' means
the Deep Creek-Yampatika Ute Wilderness Area established by
section 4.
(2) Map.--The term ``Map'' means the map entitled
``Proposed Deep Creek-Yampatika Ute Wilderness Area'' and dated
February 25, 2002.
(3) Secretary.--The term ``Secretary'' means--
(A) the Secretary of Agriculture, acting through
the Chief of the Forest Service, with regard to lands
over which that Secretary has jurisdiction; and
(B) the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, with
regard to lands over which that Secretary has
jurisdiction.
SEC. 4. DEEP CREEK-YAMPATIKA UTE WILDERNESS AREA DESIGNATION.
(a) In General.--In furtherance of the Wilderness Act, there is
established the Deep Creek-Yampatika Ute Wilderness Area in the State
of Colorado.
(b) Areas Included.--The Wilderness Area shall consist of
approximately 7,350 acres of Federal land as generally depicted on the
Map.
(c) Effective Date.--
(1) Determination.--Subsections (a) and (b) shall take
effect upon a determination by the Secretary of Agriculture
that--
(A) conditional water rights described in section
6(e)(3)(A)(i) have been canceled or abandoned;
(B) absolute water rights described in section
6(e)(3)(A)(ii) have been conveyed to the Colorado Water
Conservation Board for conversion to instream flows
under Colorado law; or
(C) the Colorado Water Conservation Board has made
a final determination regarding whether or not instream
flow levels in Deep Creek are adequate.
(2) Notice.--As soon as practicable after making a
determination under paragraph (1), the Secretary of Agriculture
shall publish notice of that determination in the Federal
Register.
SEC. 5. MANAGEMENT.
(a) Wilderness Area.--After making a determination under section
4(c), the Secretary, shall manage the Wilderness Area in a manner
that--
(1) conserves, protects, and enhances the resources of the
Wilderness Area; and
(2) is in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.),
except that, with respect to any wilderness areas
designated by this Act, 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 the
enactment of this Act;
(B) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.); and
(C) other applicable law, including this Act.
(b) Withdrawals.--Subject to valid existing rights, all Federal
lands within the Wilderness Area are withdrawn from--
(1) all forms of entry, appropriation, or disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) the operation of the mineral leasing, mineral
materials, and geothermal leasing laws, and all amendments
thereto.
(c) Aerial Navigation Training Exercises.--
(1) In general.--The Colorado Army National Guard, through
the High Altitude ARNG Aviation Training Site, shall continue
to be allowed to conduct aerial navigation training maneuver
exercises over and upon the lands within the Wilderness Area in
a manner consistent with the memorandum of understanding dated
August 4, 1987, among the Colorado Army National Guard, the
Bureau of Land Management, and the United States Forest Service
as interpreted and implemented prior to the date of the
enactment of this Act.
(2) Review and modification of memorandum of
understanding.--The memorandum of understanding referred to in
paragraph (1) may be modified subject to the agreement of all
parties thereto. The parties to the memorandum of understanding
shall review the memorandum and associated annual operating
plan not later than 180 days after the date of the enactment of
this Act, and annually thereafter while the memorandum of
understanding is in effect. The review shall include
consideration of alternative locations over National Forest
System lands and lands administered by the Bureau of Land
Management outside of the Wilderness Area for the conduct of
activities identified in the memorandum. If the Colorado Army
National Guard identifies such an alternate location outside of
the Wilderness Area that meets its aerial training needs, the
memorandum of understanding shall be modified accordingly,
subject to the agreement of all parties thereto.
(d) Hunting and Fishing.--Nothing in this Act shall affect the
authority of the Colorado Division of Wildlife to regulate hunting or
fishing in the Wilderness Area.
(e) Grazing.--
(1) In general.--Except as provided by paragraph (2), the
Secretary shall issue and administer any grazing leases or
permits in the Wilderness Area in accordance with the same laws
(including regulations) and Executive orders followed by the
Secretary in issuing and administering grazing leases and
permits on other land under the jurisdiction of the Forest
Service and Bureau of Land Management, respectively.
(2) Grazing in wilderness area.--
(A) Forest service lands.--Grazing of livestock in
the Wilderness Area on lands that are under the
jurisdiction of the Forest Service shall be
administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), in accordance with the guidelines set
forth under the heading ``Grazing in National Forest
Wilderness'' in House Report 96-617 of the 96th
Congress.
(B) BLM lands.--Grazing of livestock in the
Wilderness Area on lands that are under the
jurisdiction of the Bureau of Land Management shall be
administered in accordance with the provisions of
section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)), in accordance with the guidelines set
forth in Appendix A of House Report 101-405 of the
101st Congress.
(f) No Buffer Zones.--Congress does not intend for the
establishment of the Wilderness Area to lead to the creation of
protective perimeters or buffer zones around the Wilderness Area. The
fact that there may be activities or uses on lands outside the
Wilderness Area that would not be allowed in the Wilderness Area shall
not preclude such activities or uses on such lands up to the boundary
of the Wilderness Area consistent with other applicable laws.
SEC. 6. WATER RIGHTS AND MANAGEMENT.
(a) Definition.--As used in this section, the term ``water resource
facility'' means irrigation and pumping facilities, reservoirs, water
conservation works, aqueducts, canals, ditches, pipelines, wells,
hydropower projects and transmission and other ancillary facilities,
and other water diversion, storage, and carriage structures.
(b) Restrictions on Rights and Disclaimer of Effect.--
(1) Restrictions on rights.--Neither the Secretary of
Agriculture nor the Secretary of the Interior, nor any other
officer, employee, representative, or agent of the United
States, nor any other person, shall assert in any court or
agency, nor shall any court or agency consider, any claim to or
for water or water rights in the State of Colorado, which is based on
any construction of any portion of this Act, or the designation of any
lands as wilderness by this Act, as constituting an express or implied
reservation of water or water rights.
(2) Disclaimer of effect.--(A) Nothing in this Act shall--
(i) be construed as a recognition, disclaimer,
relinquishment, or reduction of any water rights of the
United States in the State of Colorado existing before
the date of the enactment of this Act; or
(ii) be construed as constituting an interpretation
of any other Act or any designation made by or pursuant
thereto.
(B) Nothing in this section shall be construed as
establishing a precedent with regard to any future wilderness
designations.
(c) New or Expanded Projects.--Notwithstanding any other provision
of law, on and after the date of the enactment of this Act, neither the
President nor any other officer, employee, or agent of the United
States shall fund, assist, authorize, or issue a license or permit for
the development of any new water resource facility within lands
designated wilderness pursuant to this Act.
(d) Interstate Compacts.--Nothing in this Act, and nothing in any
previous Act designating any lands as wilderness, shall be construed as
limiting, altering, modifying, or amending any of the interstate
compacts or equitable apportionment decrees that apportion water among
and between the State of Colorado and other States. Except as expressly
provided in this section, nothing in this Act shall affect or limit the
development or use by existing and future holders of vested water
rights of Colorado's full apportionment of such waters.
(e) Stream Flows.--
(1) Recommendations.--The Secretary of Agriculture shall
consult with the Colorado Water Conservation Board regarding
instream flow protection recommendations on Deep Creek within
the Wilderness Area and shall do so in accordance with Colorado
law and in consultation with interested parties and local
elected officials.
(2) Restatement of current law.--As provided by Federal and
Colorado State law, the Secretary may continue to enter into
enforcement agreements with the Colorado Water Conservation
Board for monitoring and protecting instream flows.
(3) Grants for compensation relating to water rights.--
(A) In general.--The Secretary of Agriculture may
make a grant to the Department of Natural Resources of
the State of Colorado for the following purposes:
(i) Conditional water rights.--Compensating
willing parties for canceling or otherwise
abandoning conditional water rights within or
upstream of the Wilderness Area which would
protect the natural environment within the
Wilderness Area.
(ii) Absolute water rights.--Compensating
willing parties for conveying absolute water
rights within or upstream of the Wilderness
Area to the Colorado Water Conservation Board
for conversion to instream flows under Colorado
law.
(B) Enforceable agreement.--Compensation under
clauses (i) and (ii) of subparagraph (A) shall be given
pursuant to an enforceable agreement between the
Department of Natural Resources of the State of
Colorado and the willing party setting out the fair
market value for the conditional water rights to be
canceled or abandoned, or the absolute water rights to
be conveyed, as applicable. The fair market value shall
be determined by an independent appraisal, performed by
an appraiser to be mutually agreed upon by the
Secretary of Agriculture, the Department of Natural
Resources of the State of Colorado, and the willing
party.
(C) Authorization of appropriations.--There is
authorized to be appropriated for the purposes of this
paragraph $300,000.
SEC. 7. MAP AND LEGAL DESCRIPTION.
(a) In General.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall submit to Congress a copy of
the Map and a legal description of the Wilderness Area.
(b) Force and Effect.--The Map and legal description shall have the
same force and effect as if included in this Act, except that the
Secretary may correct clerical and typographical errors in the Map and
the legal description.
(c) Public Availability.--Copies of the Map and the legal
description shall be on file and available for public inspection in the
following:
(1) The Office of the Director of the Bureau of Land
Management.
(2) The Office of the Chief of the Forest Service.
(3) The Office of the State Director of the Bureau of Land
Management in Colorado and the Glenwood Springs Resource area
Office in Glenwood Springs, Colorado.
(4) The Office of the Regional Forester of the Forest
Service in Colorado, and of the White River National Forest,
Forest Ranger Office in Glenwood Springs, Colorado.
(d) Map Controlling.--In the case of a discrepancy between the Map
and the descriptions, the Map shall control.
SEC. 8. WILDERNESS POTENTIAL.
Nothing in the Act shall preclude or restrict the authority of the
Secretary to evaluate the suitability of roadless and unroaded areas
adjacent to the Wilderness Area for inclusion in the National
Wilderness Preservation System or to make recommendations to Congress
for such inclusions. | Deep Creek-Yampatika Ute Wilderness Act - Establishes the Deep Creek Ute Wilderness Area in Colorado. Directs the Secretaries of the Interior and Agriculture to manage such lands in accordance with the Wilderness Act and the Federal Land Policy and Management Act of 1976.Sets forth administrative provisions regarding: (1) withdrawal of such lands from further entry or appropriation under public land, mining, or mineral leasing laws; and (2) use of such lands for navigation training exercises by the Colorado Army National Guard, hunting and fishing, and livestock grazing.Prohibits the development of any new water resource facility. Directs the Secretary of Agriculture to consult with the Colorado Water Conservation Board regarding instream flow protection recommendations. Authorizes the Secretary to make grants to the Colorado Department of Natural Resources for compensating willing parties for any water rights within or upstream of the Wilderness Area.Authorizes the evaluation of adjacent areas for inclusion in the National Wilderness Preservation System. | {"src": "billsum_train", "title": "To establish the Deep Creek Wilderness Area, and for other purposes."} | 3,488 | 216 | 0.616294 | 1.847275 | 0.875278 | 3.247126 | 17.689655 | 0.936782 |
SECTION 1. HATE CRIMES.
(a) Declarations.--Congress declares that--
(1) further efforts must be taken at all levels of
government to respond to the staggering brutality of hate
crimes that have riveted public attention and shocked the
Nation;
(2) hate crimes are prompted by bias and are committed to
send a message of hate to targeted communities, usually defined
on the basis of immutable traits;
(3) the prominent characteristic of a hate crime is that it
devastates not just the actual victim and the victim's family
and friends, but frequently savages the community sharing the
traits that caused the victim to be selected;
(4) any efforts undertaken by the Federal Government to
combat hate crimes must respect the primacy that States and
local officials have traditionally been accorded in the
criminal prosecution of acts constituting hate crimes; and
(5) an overly broad reaction by the Federal Government to
this serious problem might ultimately diminish the
accountability of State and local officials in responding to
hate crimes and transgress the constitutional limitations on
the powers vested in Congress under the Constitution.
(b) Studies.--
(1) Collection of data.--
(A) Definition of hate crime.--In this paragraph,
the term ``hate crime'' means--
(i) a crime described in subsection (b)(1)
of the first section of the Hate Crime
Statistics Act (28 U.S.C. 534 note); and
(ii) a crime that manifests evidence of
prejudice based on gender or age.
(B) Collection from cross-section of states.--Not
later than 120 days after the date of enactment of this
Act, the Comptroller General of the United States, in
consultation with the National Governors' Association,
shall select 10 jurisdictions with laws classifying
certain types of crimes as hate crimes and 10
jurisdictions without such laws from which to collect
data described in subparagraph (C) over a 12-month
period.
(C) Data to be collected.--The data to be collected
are--
(i) the number of hate crimes that are
reported and investigated;
(ii) the percentage of hate crimes that are
prosecuted and the percentage that result in
conviction;
(iii) the length of the sentences imposed
for crimes classified as hate crimes within a
jurisdiction, compared with the length of
sentences imposed for similar crimes committed
in jurisdictions with no hate crime laws; and
(iv) references to and descriptions of the
laws under which the offenders were punished.
(D) Costs.--Participating jurisdictions shall be
reimbursed for the reasonable and necessary costs of
compiling data under this paragraph.
(2) Study of trends.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General
of the United States and the General Accounting Office
shall complete a study that analyzes the data collected
under paragraph (1) and under the Hate Crime Statistics
Act of 1990 to determine the extent of hate crime
activity throughout the country and the success of
State and local officials in combating that activity.
(B) Identification of trends.--In the study
conducted under subparagraph (A), the Comptroller
General of the United States and the General Accounting
Office shall identify any trends in the commission of
hate crimes specifically by--
(i) geographic region;
(ii) type of crime committed; and
(iii) the number of hate crimes that are
prosecuted and the number for which convictions
are obtained.
(c) Model Statute.--
(1) In general.--To encourage the identification and
prosecution of hate crimes throughout the country, the Attorney
General shall, through the National Conference of Commissioners
on Uniform State Laws of the American Law Institute or another
appropriate forum, and in consultation with the States, develop
a model statute to carry out the goals described in subsection
(a) and criminalize acts classified as hate crimes.
(2) Requirements.--In developing the model statute, the
Attorney General shall--
(A) include in the model statute crimes that
manifest evidence of prejudice; and
(B) prepare an analysis of all reasons why any
crime motivated by prejudice based on any traits of a
victim should or should not be included.
(d) Support for Criminal Investigations and Prosecutions by State
and Local Law Enforcement Officials.--
(1) Assistance other than financial assistance.--
(A) In general.--At the request of a law
enforcement official of a State or a political
subdivision of a State, the Attorney General, acting
through the Director of the Federal Bureau of
Investigation, shall provide technical, forensic,
prosecutorial, or any other form of assistance in the
criminal investigation or prosecution of any crime
that--
(i) constitutes a crime of violence (as
defined in section 16 of title 18, United
States Code);
(ii) constitutes a felony under the laws of
the State; and
(iii) is motivated by prejudice based on
the victim's race, ethnicity, or religion or is
a violation of the State's hate crime law.
(B) Priority.--In providing assistance under
subparagraph (A), the Attorney General shall give
priority to crimes committed by offenders who have
committed crimes in more than 1 State.
(2) Grants.--
(A) In general.--There is established a grant
program within the Department of Justice to assist
State and local officials in the investigation and
prosecution of hate crimes.
(B) Eligibility.--A State or political subdivision
of a State applying for assistance under this paragraph
shall--
(i) describe the purposes for which the
grant is needed; and
(ii) certify that the State or political
subdivision lacks the resources necessary to
investigate or prosecute the hate crime.
(C) Deadline.--An application for a grant under
this paragraph shall be approved or disapproved by the
Attorney General not later than 24 hours after the
application is submitted.
(D) Grant amount.--A grant under this paragraph
shall not exceed $100,000 for any single case.
(E) Report.--Not later than December 31, 2001, the
Attorney General, in consultation with the National
Governors' Association, shall submit to Congress a
report describing the applications made for grants
under this paragraph, the award of such grants, and the
effectiveness of the grant funds awarded.
(F) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $5,000,000 for each of fiscal years 2000 and
2001.
(e) Interstate Travel To Commit Hate Crime.--
(1) In general.--Chapter 13 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 249. Interstate travel to commit hate crime
``(a) In General.--A person, whether or not acting under color of
law, who--
``(1) travels across a State line or enters or leaves
Indian country in order, by force or threat of force, to
willfully injure, intimidate, or interfere with, or by force or
threat of force to attempt to injure, intimidate, or interfere
with, any person because of the person's race, color, religion,
or national origin; and
``(2) by force or threat of force, willfully injures,
intimidates, or interferes with, or by force or threat of force
attempts to willfully injure, intimidate, or interfere with any
person because of the person's race, color, religion, or
national origin,
shall be subject to a penalty under subsection (b).
``(b) Penalties.--A person described in subsection (a) who is
subject to a penalty under this subsection--
``(1) shall be fined under this title, imprisoned not more
than 1 year, or both;
``(2) if bodily injury results or if the violation includes
the use, attempted use, or threatened use of a dangerous
weapon, explosives, or fire, shall be fined under this title,
imprisoned not more than 10 years, or both; or
``(3) if death results or if the violation includes
kidnapping or an attempt to kidnap, aggravated sexual abuse or
an attempt to commit aggravated sexual abuse, or an attempt to
kill--
``(A) shall be fined under this title, imprisoned
for any term of years or for life, or both; or
``(B) may be sentenced to death.''.
(2) Technical amendment.--The analysis for chapter 13 of
title 18, United States Code, is amended by adding at the end
the following:
``249. Interstate travel to commit hate crime.''. | Specifies data to be collected (i.e., the number of hate crimes reported and investigated, percentage of hate crimes prosecuted and resulting in a conviction, the length of sentences imposed in comparison with that imposed for similar crimes committed in jurisdictions without hate crime laws, and references to and descriptions of laws under which the offenders were punished).
Requires the Comptroller General and GAO to identify any trends in the commission of hate crimes by geographic region, type of crime committed, and the number of hate crimes prosecuted and the number for which convictions are obtained.
Directs the Attorney General: (1) to develop a model statute to criminalize acts classified as hate crimes; and (2) in developing such statute, to include crimes that manifest evidence of prejudice and to prepare an analysis of all reasons why any crime motivated by prejudice based on any traits of a victim should or should not be included.
Directs the Attorney General: (1) at the request of a law enforcement official of a State or political subdivision thereof, to provide assistance in the criminal investigation or prosecution of any crime that constitutes a crime of violence or a felony under State law and that is motivated by prejudice based on the victim's race, ethnicity, or religion or that is a violation of the State's hate crime law; and (2) in providing such assistance, to give priority to crimes committed by offenders who have committed crimes in more than one State.
Establishes a grant program within the Department of Justice to assist State and local officials in the investigation and prosecution of hate crimes. Sets forth eligibility, reporting, and other requirements. Authorizes appropriations.
Prohibits and sets penalties (including the death penalty under specified circumstances) for: (1) traveling across a State line, or entering or leaving Indian country, in order to willfully injure, intimidate, or interfere with any person because of that person's race, color, religion, or national origin; and (2) by force or threat of force, willfully injuring, intimidating, or interfering with any person because of that person's race, color, religion, or national origin. | {"src": "billsum_train", "title": "A bill to combat hate crimes."} | 1,892 | 460 | 0.590548 | 1.907389 | 0.887647 | 4.569007 | 4.273608 | 0.927361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Seamounts and Ridges
National Marine Conservation Area Designation and Management Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The California Seamounts and Ridges National Marine
Conservation Area established by this Act contains a series of
ancient volcanos and underwater geological features in the
Exclusive Economic Zone.
(2) Found on the seamounts, ridges, and banks in the
Conservation Area are rare deep-water corals, sponges,
anemones, tunas, sharks, seabirds, marine mammals (including
orcas, sperm whales, and blue whales), endangered sea turtles,
octopuses, and diverse fish populations, some of which are
endemic to the area.
(3) The only hydrothermal vents in the continental
Exclusive Economic Zone are found on Gorda Ridge located off
the north coast of California and the south coast of Oregon.
(4) These areas' remote location and depth contribute to
their remarkably pristine condition, limited human footprint,
and reputation as a vital frontier for scientific discovery,
with research expeditions continuing to yield new and rare
species, greater understanding about ecological relationships,
and renewed appreciation of the uniqueness of deep-sea
ecosystems.
(5) Despite currently limited direct pressure from
extractive use, the Conservation Area is undergoing rapid
change due to warming waters, ocean acidification, and
ecological stress from pollution and other sources the
management of which transcends the jurisdiction of any single
government agency or department.
(6) According to many scientists, comprehensive marine
habitat protection is one of the most important actions for
building resilience in ocean environments to current and
emerging challenges presented by anthropogenic and other
stressors impacting marine ecosystems.
(b) Purpose.--The purpose of this Act is to protect, conserve, and
enhance for the benefit and enjoyment of present and future generations
the nationally significant historical, natural, cultural, scientific,
and educational values of the California Seamounts and Ridges National
Marine Conservation Area.
SEC. 3. DEFINITIONS.
In this Act:
(1) Exclusive economic zone.--The term ``Exclusive Economic
Zone'' means the Exclusive Economic Zone of the United States
established by Presidential Proclamation No. 5030 of March 10,
1983.
(2) Conservation area.--The term ``Conservation Area''
means the California Seamounts and Ridges National Marine
Conservation Area established by section 4(a).
(3) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given the term ``outer Continental
Shelf'' in section 2 of the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
SEC. 4. DESIGNATION.
(a) Establishment.--There is established the California Seamounts
and Ridges National Marine Conservation Area, consisting of the waters
of the Exclusive Economic Zone and the Outer Continental Shelf
contained in the area described in subsection (b).
(b) Area Described.--The area referred to in subsection (a)--
(1) is the area generally depicted as the Conservation Area
on the map entitled ``____'' and dated ___, as is more
particularly described by the Secretary of Commerce and the
Secretary of the Interior under subsection (c); and
(2) includes--
(A) Gorda Ridge;
(B) the portion of Mendocino Ridge in the
Conservation Area west of longitude 125 40' 4.8" W;
and
(C) Guide, Pioneer, Taney, Gumdrop, Rodriguez, San
Juan, and Northeast seamounts.
(c) Detail Boundary Description and Map.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Commerce and the
Secretary of the Interior shall jointly develop a detailed
boundary description and map of the Conservation Area.
(2) Force and effect.--The map and boundary description
developed under paragraph (1) shall have the same force and
effect as if included in this Act, except that the Secretaries
may correct any minor errors in the map and boundary
descriptions.
(3) Public availability.--The map and boundary description
developed under paragraph (1) shall be on file and available
for public inspection within the management plan required under
section 5 of this Act.
SEC. 5. ADMINISTRATION.
(a) In General.--The Secretary of Commerce and the Secretary of the
Interior shall have joint responsibility for management of the
California Seamounts and Ridges National Marine Conservation Area.
(b) Consultation and Management.--
(1) In general.--The Secretaries may not implement the
establishment of the Conservation Area without--
(A) direct and thorough consultation with the
Pacific Fishery Management Council, stakeholders from
commercial and recreational fishing sectors, and other
key fishery groups, including working with such persons
and affected Indian tribes to develop and implement a
plan for the comprehensive and long-term protection and
management of the Conservation Area; and
(B) prior, timely, and ongoing notice and
consultation between the Secretaries and affected
Indian tribes, including working with such Indian
tribes to--
(i) develop and implement mutually agreed-
upon plans for the comprehensive and long-term
protection and management of the Conservation
Area; and
(ii) ensure that management of the
Conservation Area does not in any way impact
traditional uses of the waters of the
Conservation Area by members of such tribes.
(2) Prohibitions.--
(A) In general.--The plan required under paragraph
(1)(A) shall, subject to subparagraph (B) and
subsections (c) and (d), prohibit--
(i) exploring for, developing, or producing
oil, gas, or minerals;
(ii) using or attempting to use poisons,
electrical charges, or explosives in the
collection or harvest of any living or
nonliving marine resource;
(iii) intentionally introducing or
otherwise releasing an introduced species from
within or into the Conservation Area;
(iv) anchoring on or having a vessel
anchored on any living or dead coral in the
Conservation Area;
(v) drilling into, dredging, or otherwise
altering the Outer Continental Shelf in the
Conservation Area; and
(vi) other activities determined by the
Secretary, as appropriate for the long-term
protection and management of the Conservation
Area.
(B) Exceptions.--The prohibitions set forth in
subparagraph (A) shall not apply to--
(i) activities and exercises of the Armed
Forces (including those carried out by the
Coast Guard) that are consistent with
applicable laws;
(ii) actions necessary to respond to
emergencies threatening life, property, or the
environment, and activities necessary for
national security or law enforcement purposes;
(iii) scientific exploration or research
activities, subject to such terms and
conditions as the Secretaries consider
necessary for the care and management of the
living and nonliving marine resources of the
Conservation Area;
(iv) the troll Albacore fishery; and
(v) recreational fishing and charter
fishing, as those terms are defined in section
2 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1802).
(c) Emergencies, National Security, and Law Enforcement
Activities.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities necessary to respond to
emergencies threatening life, property, or the environment, or
to activities necessary for national security or law
enforcement purposes.
(2) Emergency response.--Nothing in this Act limits the
authority of government agencies to take actions to respond to
emergencies that pose an unacceptable threat to human health or
safety or to the marine environment and for which there is no
other feasible solution.
(d) Armed Forces Actions.--
(1) In general.--The prohibitions required by subsection
(b) shall not apply to activities and exercises of the Armed
Forces, including those carried out by the Coast Guard.
(2) Compliance with this act.--The Armed Forces shall
ensure, by the adoption of appropriate measures not impairing
their operations or operational capabilities, that its vessels
and aircraft operate in a manner consistent, so far as is
reasonable and practicable, with this Act.
(3) Destruction of, loss of, or injury to living marine
resources.--In the event of threatened or actual destruction
of, loss of, or injury to a living marine resource of the
Conservation Area resulting from an incident caused by a
component of the Department of Defense or the Coast Guard,
including as a result of a spill of oil or other hazardous
material or vessel grounding, the responsible component shall
promptly coordinate with the Secretary of the Interior or
Commerce, as appropriate, for the purpose of taking appropriate
actions to respond to and mitigate any actual harm and, if
possible, restore or replace the affected Conservation Area
resources.
(4) Military property not affected.--Nothing in this Act or
any regulation implementing it limits or otherwise affects the
Armed Forces discretion to use, maintain, improve, manage, or
control any property under the administrative control of a
military department or otherwise limit the availability of such
property for military mission purposes.
SEC. 6. WITHDRAWALS.
The areas of the Outer Continental Shelf comprised of Cortes and
Tanner Banks, and of the portion of Mendocino Ridge bounded by a square
with a southwestern corner located at 40 0' N, 125 40' 4.8" W and a
northeastern corner located at 40 30' N, 125 10' 4.8" W, are
withdrawn from commercial leasing under Federal law for exploration,
development, or production of oil and gas, mining minerals, energy
sighting, and cable laying. | California Seamounts and Ridges National Marine Conservation Area Designation and Management Act This bill establishes the California Seamounts and Ridges National Marine Conservation Area to protect certain seamounts, ridges, and banks locatedin federal waters off the coast of California. The National Oceanic and Atmospheric Administration (NOAA)and the Department of the Interior shall have joint responsibility for managing the conservation area.Development of a management plan must include a public consultation process with tribes, fisherman, and other stakeholders to better understand the activities occurring in the conservation area. Additionally, any management plan developed by NOAA and Interior must prohibit oil and gas development, deep sea-mining, aquaculture, and damaging fishing practices in the area.Certain activities including recreational fishing and exercises by the Armed Forces are allowed to be conducted in the area. | {"src": "billsum_train", "title": "California Seamounts and Ridges National Marine Conservation Area Designation and Management Act"} | 2,109 | 187 | 0.579738 | 1.69667 | 0.749702 | 2.44898 | 13.387755 | 0.829932 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Beryllium Exposure Compensation
Act''.
SEC. 2. FINDINGS, PURPOSE, AND APOLOGY.
(a) Findings.--The Congress finds that--
(1) hazards involved in the mining and processing of
beryllium and its compounds are presumed to have caused injury,
disease, and disability among those who worked in the beryllium
processing industry;
(2) workers who were exposed to beryllium hazards were
subjected to increased risk of injury and disease to serve the
national security interests of the United States; and
(3) the United States should recognize and assume
responsibility for the harm done to these workers.
(b) Purpose.--It is the purpose of this Act to establish a
procedure to provide relief to the workers described in subsection (a)
for the burdens they have borne for the Nation as a whole.
(c) Apology.--The Congress apologizes on behalf of the Nation to
the workers described in subsection (a) and their families for the
hardships they have endured.
SEC. 3. TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States, a trust fund to be known as the Beryllium Exposure
Compensation Trust Fund, which shall be administered by the Secretary
of the Treasury.
(b) Investment of Amounts in the Fund.--Amounts in the Fund shall
be invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from any such investment shall
be credited to the Fund.
(c) Availability of the Fund.--Amounts in the Fund shall be
available only for disbursement by the Attorney General under section
5.
(d) Termination.--The Fund shall terminate 30 years after the date
of the enactment of this Act. If all of the amounts in the Fund have
not been expended by the end of that 30-year period, investments of
amounts in the Fund shall be liquidated and receipts thereof deposited
in the Fund and all funds remaining in the Fund shall be deposited in
the miscellaneous receipts account in the Treasury.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as may be necessary to carry out its
purposes, which may remain available until expended.
SEC. 4. CLAIMS.
(a) In General.--A beryllium worker described in subsection (b)
shall receive $100,000 if--
(1) the claim for such payment is filed with the Attorney
General by or on behalf of such individual; and
(2) the Attorney General determines, in accordance with
section 5, that the claim meets the requirements for payment
under this Act.
(b) Eligible Beryllium Worker.--A beryllium worker described in
this subsection is an individual who--
(1) at any time during the period beginning January 1,
1930, and ending December 31, 1980, was employed at a beryllium
industry site;
(2) was exposed to significant beryllium hazards in the
course of such employment; and
(3) after such exposure developed a condition known to be
related to beryllium exposure.
(c) Conformity With Section 5.--Payments under this section may be
made only in accordance with section 5.
SEC. 5. DETERMINATION AND PAYMENT OF CLAIMS.
(a) Establishment of Filing Procedures.--The Attorney General shall
establish procedures whereby claims may be submitted under this Act.
(b) Required Procedures.--The procedures established pursuant to
subsection (a) shall provide that a claim meets the requirements for
payment under this Act only if the claim includes--
(1) adequate documentation that the individual satisfies
the requirements of paragraphs (1) and (2) of section 4(b); and
(2) written medical documentation that the individual
satisfies the requirements of paragraph (3) of section 4(b).
(c) Determination of Claims.--
(1) In general.--The Attorney General shall determine, in
accordance with the guidelines established pursuant to this
subsection, whether each claim filed under this Act meets the
requirements for payment under this Act.
(2) Consultation on guidelines.--The Attorney General shall
establish guidelines in consultation with--
(A) the Secretary of Defense, the Secretary of
Energy, and the Secretary of Labor, for determining
what constitutes adequate documentation that an
individual satisfies the requirements of paragraph (1)
of section 4(b);
(B) the Director of the National Institute for
Occupational Safety and Health, for determining what
constitutes significant beryllium hazards within the
meaning of paragraph (2) of section 4(b) and what
constitutes adequate documentation that an individual
satisfies the requirements of such paragraph; and
(C) the Surgeon General, for determining what
constitutes written medical documentation that an
individual satisfies the requirements of paragraph (3)
of section 4(b).
(3) Consultation on determinations.--The Attorney General
may consult with--
(A) the Secretary of Defense, the Secretary of
Energy, and the Secretary of Labor in making
determinations pursuant to the guidelines established
under paragraph (2)(A);
(B) the Director of the National Institute for
Occupational Safety and Health in making determinations
pursuant to the guidelines established under paragraph
(2)(B); and
(C) the Surgeon General in making determinations
pursuant to the guidelines established under paragraph
(2)(C).
(d) Payment of Claims.--
(1) In general.--Subject to section 12, the Attorney
General shall pay, from amounts available in the Fund, claims
filed under this Act which the Attorney General determines meet
the requirements for payment under this Act.
(2) Offset for certain payments.--A payment under this Act
to an individual, or to a survivor of that individual, on a
claim under section 4 shall be offset by the amount of any
payment made pursuant to a final award or settlement on a claim
(other than a claim for worker's compensation), against any
person, that is based on injuries incurred by that individual
on account of exposure to significant beryllium hazards at any
time during the period referred to in section 4(b)(1).
(3) Right of subrogation.--Upon payment of a claim under
this Act, the United States Government is subrogated for the
amount of the payment to a right or claim that the individual
to whom the payment was made may have against any person on
account of injuries referred to in paragraph (2).
(4) Payments in the case of deceased persons.--
(A) In general.--In the case of an individual who
is deceased at the time of payment under this Act, such
payment may be made only as follows:
(i) If the individual is survived by a
spouse who is living at the time of payment,
such payment shall be made to such surviving
spouse.
(ii) If there is no surviving spouse
described in clause (i), such payment shall be
made in equal shares to all children of the
individual who are living at the time of
payment.
(iii) If there is no surviving spouse
described in clause (i) and if there are no
children described in clause (ii), such payment
shall be made in equal shares to the parents of
the individual who are living at the time of
payment.
(iv) If there is no surviving spouse
described in clause (i), and if there are no
children described in clause (ii) or parents
described in clause (iii), such payment shall
be made in equal shares to all grandchildren of
the individual who are living at the time of
payment.
(v) If there is no surviving spouse
described in clause (i), and if there are no
children described in clause (ii), parents
described in clause (iii), or grandchildren
described in clause (iv), then such payment
shall be made in equal shares to the
grandparents of the individual who are living
at the time of payment.
(B) Individuals who are survivors.--If an
individual eligible for payment under section 4 dies
before filing a claim under this Act, any survivor of
that individual described in subparagraph (A) may file
a claim for such payment under this Act.
(C) Definitions.--For purposes of this paragraph--
(i) the spouse of an individual is a wife
or husband of that individual who was married
to that individual for at least one year
immediately before the death of that
individual;
(ii) a child includes a recognized natural
child, a stepchild who lived with an individual
in a regular parent-child relationship, and an
adopted child;
(iii) a parent includes fathers and mothers
through adoption;
(iv) a grandchild of an individual is a
child of a child of that individual; and
(v) a grandparent of an individual is a
parent of a parent of that individual.
(e) Action on Claims.--The Attorney General shall complete the
determination on each claim filed in accordance with the procedures
established under subsection (a) not later than 12 months after the
claim is so filed.
(f) Payment in Full Settlement of Claims Against United States.--
The acceptance of payment by an individual under this Act shall be in
full satisfaction of all claims of or on behalf of that individual
against the United States, or against any person with respect to that
person's performance of a contract with the United States, that arise
out of exposure to significant beryllium hazards at any time during the
period referred to in section 4(b)(1).
(g) Administrative Costs Not Paid From Fund.--The costs incurred by
the Attorney General in carrying out this Act may not be paid from the
Fund or set off against, or otherwise deducted from, any payment under
this Act to any individual.
(h) Termination of Duties of Attorney General.--The duties of the
Attorney General under this Act shall cease when the Fund terminates.
(i) Certification of Treatment of Payments Under Other Laws.--
Amounts paid to an individual under this Act--
(1) shall be treated for purposes of the internal revenue
laws of the United States as damages for human suffering; and
(2) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits.
(j) Use of Existing Resources.--The Attorney General should use
funds and resources available to the Attorney General to carry out his
or her functions under this Act.
(k) Regulatory Authority.--The Attorney General may issue any
regulations necessary to carry out this Act.
(l) Issuance of Regulations, Guidelines, and Procedures.--
Regulations, guidelines, and procedures to carry out this Act shall be
issued not later than 180 days after the date of the enactment of this
Act.
SEC. 6. CLAIMS NOT ASSIGNABLE OR TRANSFERABLE; LIMITATION OF REMEDIES.
(a) Claims Not Assignable or Transferable.--A claim cognizable
under this Act may not be assigned or transferred.
(b) Limitation of Remedies.--An individual may not receive more
than one payment under this Act.
SEC. 7. STATUTE OF LIMITATIONS.
A claim to which this Act applies shall be barred unless the claim
is filed within 20 years after the date of the enactment of this Act.
SEC. 8. ATTORNEY FEES.
It shall be unlawful for an amount exceeding 10 percent of the
value of any payment made under this Act to be paid to, or received by,
any agent or attorney for any service rendered in connection with the
claim for payment. Any person who violates this section shall be guilty
of an infraction, and shall be subject to a fine in the amount provided
in title 18, United States Code.
SEC. 9. CERTAIN CLAIMS NOT AFFECTED BY AWARDS OF DAMAGES.
A payment made under this Act shall not be considered as any form
of compensation or reimbursement for a loss for purposes of imposing
liability on any individual receiving such payment, on the basis of
such receipt, to repay any insurance carrier for insurance payments, or
to repay any person on account of worker's compensation payments, and a
payment under this Act shall not affect any claim against an insurance
carrier with respect to insurance or against any person with respect to
worker's compensation.
SEC. 10. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Beryllium industry site.--The term ``beryllium industry
site'' means a site that--
(A) was owned, operated, or supervised by the
Federal Government for the mining or processing of
beryllium or a beryllium compound; or
(B) produced mined or processed beryllium or
beryllium compound under contract with the Federal
Government.
(2) Fund.--The term ``Fund'' means the Beryllium Exposure
Compensation Trust Fund under section 3(a).
SEC. 11. REPORT.
The Secretary of Health and Human Services shall submit to the
Congress not later than September 30, 2003, a report on the incidence
of beryllium-related illness among workers employed at beryllium
industry sites.
SEC. 12. BUDGET ACT COMPLIANCE.
The authority under this Act to enter into contracts or to make
payments shall not be effective in any fiscal year except to such
extent or in such amounts as are provided in advance in appropriations
Acts. | Beryllium Exposure Compensation Act - Provides jurisdiction and procedures for affording relief for injuries arising out of exposure to hazards involved in the mining and processing of beryllium.
(Sec. 3) Establishes the Beryllium Exposure Compensation Trust Fund in the Treasury. Directs the Secretary of the Treasury to administer the Fund. Requires amounts in the Fund to be: (1) invested in accordance with specified law; and (2) available only for disbursement by the Attorney General (AG) under this Act. Terminates the Fund after 30 years. Authorizes appropriations.
(Sec. 4) Requires an eligible beryllium worker to receive $100,000 if the AG determines that the claim filed by or on behalf of that individual meets certain requirements for payment. Makes individuals eligible if they: (1) were employed at a beryllium industry site; (2) were exposed to significant beryllium hazards in the course of such employment; and (3) after such exposure developed a condition known to be related to beryllium exposure.
(Sec. 5) Directs the AG to establish: (1) procedures for claims submission and payment, including documentation of individual employment and exposure, as well as written medical documentation of the development of a related condition; and (2) guidelines for claims determination, in consultation with other specified Federal officials.
Sets forth claims payment requirements, including provisions for: (1) payments to, and claims by, survivors; and (2) treatment of payments under other laws.
Requires the AG to complete each claim determination within 12 months after the claim is filed.
(Sec. 11) Directs the Secretary of Health and Human Services to report to Congress by the end of FY 2003 on the incidence of beryllium-related illness among workers employed at beryllium industry sites.
(Sec. 12) Provides for budget Act compliance. | {"src": "billsum_train", "title": "Beryllium Exposure Compensation Act"} | 2,962 | 406 | 0.606679 | 1.993464 | 0.765898 | 3.083102 | 7.523546 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Greater Access to E-Governance Act''
or the ``GATE Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to establish a grant program to
provide funds to State and local governments to enable them to deploy
broadband computer networks for the conduct of electronic governance
transactions by citizens in local schools and libraries.
SEC. 3. GRANT AUTHORIZATION.
(a) Terms for Authorization.--From the funds appropriated under
section 6, the Secretary shall make grants to State governments and
units of local government to carry out activities consistent with
subsection (b). Such grants shall--
(1) be awarded to urban and rural governments that are
deploying or plan to deploy community-based schools or
communities of learning which will utilize electronic
governance transactions processing systems; and
(2) contain such other provision as the Secretary considers
necessary pursuant to this Act.
(b) Use of Grant Proceeds.--Grants made available to a State
government or unit of local government under this Act may be used--
(1) to hire contractors or non-profit organizations to
deploy and manage the broadband computer networks needed to
permit citizens to conduct governance transactions
electronically rather than on paper;
(2) to acquire broadband infrastructure, computers, and
other equipment for such networks; and
(3) to acquire related software and services to support
such networks.
SEC. 4. ALLOCATION OF FUNDS.
(a) Grant Allocation Criteria.--Under the criteria set forth under
this section, the Secretary shall decide which State governments and
units of local governments will be awarded grants to carry out activity
consistent with section 3(b).
(b) Allocation Criteria.--Such criteria shall--
(1) require cost-benefit analysis for deployment of
broadband infrastructure, network and equipment;
(2) require that the Federal share of the cost of any such
activity not exceed 60 percent;
(3) require documentation that clearly defines preexisting
user fee-driven government transactions and service delivery
processing systems, paper or electronic, that can be readily
deployed to the World Wide Web;
(4) require documented expertise in information technology
deployment by the deployment entity;
(5) require deployment partnership contracts;
(6) designate grant allocation to State agencies, such as
departments of education or departments of community affairs,
that statutorily distribute governmental resources to city,
regional, and local units of government, financing authorities,
and school districts; and
(7) require that any State government that receives a grant
under this Act will ensure that at least 50 percent of such
grant will be used for the benefit of rural areas in such
State.
SEC. 5. REGULATIONS.
The Secretary may issue such regulations as may be necessary and
appropriate to carry out this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to make grants under this
Act such sums as may be necessary for fiscal year 2003 and each of the
4 succeeding fiscal years.
SEC. 7. DEFINITIONS.
For the purposes of this Act:
(1) Broadband infrastructure.--The term ``broadband
infrastructure'' means fiber optic, digital subscriber lines
(DSL), cable transmission, broadband wireless, and broadband
satellite mediums.
(2) Electronic governance transaction.--The term
``electronic governance transaction'' means any electronic
transaction between a citizen and an agency of State or local
government, exercised both by the public through the democratic
process, and by the executive, legislative, and judicial
branches of government in their management and oversight of
operations, and includes issuing of marriage licenses, building
permits, professional licenses, or other licenses,
registrations, permits, deeds, titles, certificates, or
records, and providing of government services, including
electronic benefits transfer, technology skills training,
distance or lifelong learning, business and industry
educational needs, and other relevant government services.
(3) Deployment partnership contract.--The term ``deployment
partnership contract'' means a legally binding contract entered
into by all relevant entities participating in the repayment
process.
(4) Deployment entity.--The term ``deployment entity''
means the State agency, local government unit, private sector
company, or nonprofit organization contracted to deploy and
manage the broadband networked computer system.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce. | Greater Access to E-Governance Act - GATE Act - Directs the Secretary of Commerce to make grants to state and local governments to assist them in deploying broadband computer networks for the conduct of electronic governance transactions by citizens in local schools and libraries.
Allows such grants to be used to: (1) hire contractors or nonprofit organizations to deploy and manage such networks; (2) acquire broadband infrastructure, computers, and other equipment for such networks; and (3) acquire related software and services to support such networks.
Sets forth grant allocation criteria. | {"src": "billsum_train", "title": "To establish a program to assist States and local governments for the conduct of electronic governance transactions at libraries and elementary and secondary schools, and for other purposes."} | 941 | 109 | 0.633415 | 1.748027 | 1.601567 | 4.925926 | 8.388889 | 0.962963 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Accelerated Revenue, Repayment, and
Surface Water Storage Enhancement Act''.
SEC. 2. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED
STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER
SUPPLIES.
(a) Conversion and Prepayment of Contracts.--
(1) Conversion.--Upon request of the contractor, the
Secretary of the Interior shall convert any water service
contract in effect on the date of enactment of this Act and
between the United States and a water users' association to
allow for prepayment of the repayment contract pursuant to
paragraph (2) under mutually agreeable terms and conditions.
The manner of conversion under this paragraph shall be as
follows:
(A) Water service contracts that were entered into
under section 9(e) of the Act of August 4, 1939 (53
Stat. 1196), to be converted under this section shall
be converted to repayment contracts under section 9(d)
of that Act (53 Stat. 1195).
(B) Water service contracts that were entered under
subsection (c)(2) of section 9 of the Act of August 4,
1939 (53 Stat. 1194), to be converted under this
section shall be converted to a contract under
subsection (c)(1) of section 9 of that Act (53 Stat.
1195).
(2) Prepayment.--All contracts converted pursuant to
paragraph (1)(A) shall--
(A) upon request of the contractor, provide for the
repayment, either in lump sum or by accelerated
prepayment, of the remaining net present value of the
construction costs identified in water project specific
irrigation rate repayment schedules, as adjusted to
reflect payment not reflected in such schedule, and
properly assignable for ultimate return by the
contractor, or if made in approximately equal
installments, no later than 3 years after the effective
date of the repayment contract; such amount to be
discounted by \1/2\ the Treasury rate. An estimate of
the remaining net present value of construction costs,
as adjusted, shall be provided by the Secretary to the
contractor no later than 30 days following receipt of
request of the contractor;
(B) require that construction costs or other
capitalized costs incurred after the effective date of
the contract or not reflected in the rate schedule
referenced in subparagraph (A), and properly assignable
to such contractor shall be repaid in not more than 5
years after notification of the allocation if such
amount is a result of a collective annual allocation of
capital costs to the contractors exercising contract
conversation under this subsection of less than
$5,000,000. If such amount is $5,000,000 or greater,
such cost shall be repaid as provided by applicable
reclamation law;
(C) provide that power revenues will not be
available to aid in repayment of construction costs
allocated to irrigation under the contract; and
(D) continue so long as the contractor pays
applicable charges, consistent with section 9(c)(1) of
the Act of August 4, 1939 (53 Stat. 1195), and
applicable law.
(3) Contract requirements.--The following shall apply with
regard to all contracts converted pursuant to paragraph (1)(B):
(A) Upon request of the contractor, provide for the
repayment in lump sum of the remaining net present
value of construction costs identified in water project
specific municipal and industrial rate repayment
schedules, as adjusted to reflect payments not
reflected in such schedule, and properly assignable for
ultimate return by the contractor. An estimate of the
remaining net present value of construction costs, as
adjusted, shall be provided by the Secretary to the
contractor no later than 30 days after receipt of
request of contractor.
(B) The contract shall require that construction
costs or other capitalized costs incurred after the
effective date of the contract or not reflected in the
rate schedule referenced in subparagraph (A), and
properly assignable to such contractor, shall be repaid
in not more than 5 years after notification of the
allocation if such amount is a result of a collective
annual allocation of capital costs to the contractors
exercising contract conversation under this subsection
of less than $5,000,000. If such amount is $5,000,000
or greater, such cost shall be repaid as provided by
applicable reclamation law; and
(C) Continue so long as the contractor pays
applicable charges, consistent with section 9(c)(1) of
the Act of August 4, 1939 (53 Stat. 1195), and
applicable law.
(4) Conditions.--All contracts entered into pursuant to
paragraphs (1), (2), and (3) shall--
(A) not be adjusted on the basis of the type of
prepayment financing used by the water users'
association;
(B) conform to any other agreements, such as
applicable settlement agreements and new constructed
appurtenant facilities; and
(C) not modify other water service, repayment,
exchange and transfer contractual rights between the
water users' association, and the Bureau of
Reclamation, or any rights, obligations, or
relationships of the water users' association and their
landowners as provided under State law.
(b) Accounting.--The amounts paid pursuant to subsection (a) shall
be subject to adjustment following a final cost allocation by the
Secretary of the Interior. In the event that the final cost allocation
indicates that the costs properly assignable to the contractor are
greater than what has been paid by the contractor, the contractor shall
be obligated to pay the remaining allocated costs. The term of such
additional repayment contract shall be not less than one year and not
more than 10 years, however, mutually agreeable provisions regarding
the rate of repayment of such amount may be developed by the parties.
In the event that the final cost allocation indicates that the costs
properly assignable to the contractor are less than what the contractor
has paid, the Secretary shall credit such overpayment as an offset
against any outstanding or future obligation of the contractor.
(c) Applicability of Certain Provisions.--
(1) Effect of existing law.--Upon a contractor's compliance
with and discharge of the obligation of repayment of the
construction costs pursuant to a contract entered into pursuant
to subsection (a)(2)(A), sections 213 (a) and (b) of the
Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to
affected lands.
(2) Effect of other obligations.--The obligation of a
contractor to repay construction costs or other capitalized
costs described in subsections (a)(2)(B), (a)(3)(B) or (b)
shall not affect a contractor's status as having repaid all of
the construction costs assignable to the contractor or the
applicability of sections 213 (a) and (b) of the Reclamation
Reform Act of 1982 (96 Stat. 1269) once the amount required to
be paid by the contractor under the repayment contract entered
into pursuant to subsection (a)(2)(A) have been paid.
(d) Effect on Existing Law Not Altered.--Implementation of the
provisions of this Act shall not alter the repayment obligation of any
water service or repayment contractor receiving water from the same
water project, or shift any costs that would otherwise have been
properly assignable to the water users' association identified in
subsections (a)(1), (a)(2), and (a)(3) absent this section, including
operation and maintenance costs, construction costs, or other
capitalized costs incurred after the date of the enactment of this Act,
or to other contractors.
(e) Surface Water Storage Enhancement Program.--
(1) In general.--Three years following the date of
enactment of this Act, all receipts generated from prepayment
of contracts under this section beyond amounts necessary to
cover the amount of receipts forgone from scheduled payments
under current law for the 10-year period following the date of
enactment of this Act shall be directed to the Reclamation
Surface Water Storage Account under paragraph (2).
(2) Surface storage account.--The Secretary shall allocate
amounts collected under paragraph (1) into the ``Reclamation
Surface Storage Account'' to fund or provide loans for the
construction of surface water storage. The Secretary may also
enter into cooperative agreements with water users'
associations for the construction of surface water storage and
amounts within the Surface Storage Account may be used to fund
such construction. Surface water storage projects that are
otherwise not federally authorized shall not be considered
Federal facilities as a result of any amounts allocated from
the Surface Storage Account for part or all of such facilities.
(3) Repayment.--Amounts used for surface water storage
construction from the Account shall be fully reimbursed to the
Account consistent with the requirements under Federal
reclamation law (the law (the Act of June 17, 1902 (32 Stat.
388, chapter 1093))), and Acts supplemental to and amendatory
of that Act (43 U.S.C. 371 et seq.) except that all funds
reimbursed shall be deposited in the Account established under
paragraph (1).
(4) Availability of amounts.--Amounts deposited in the
Account under this subsection shall--
(A) be made available in accordance with this
section, without further appropriation; and
(B) be in addition to amounts appropriated for such
purposes under any other provision of law.
(5) Purposes of surface water storage.--Construction of
surface water storage under this section shall be made for the
following purposes:
(A) Increased municipal and industrial water
supply.
(B) Agricultural floodwater, erosion, and
sedimentation reduction.
(C) Agricultural drainage improvements.
(D) Agricultural irrigation.
(E) Increased recreation opportunities.
(F) Reduced adverse impacts to fish and wildlife
from water storage or diversion projects within
watersheds associated with water storage projects
funded under this section.
(G) Any other purposes consistent with reclamation
laws or other Federal law.
(f) Definitions.--For the purposes of this Act, the following
definitions apply:
(1) Account.--The term ``Account'' means the Reclamation
Surface Water Storage Account established under subsection
(e)(2).
(2) Construction.--The term ``construction'' means the
designing, materials engineering and testing, surveying, and
building of surface water storage including additions to
existing surface water storage and construction of new surface
water storage facilities, exclusive of any Federal statutory or
regulatory obligations relating to any permit, review,
approval, or other such requirement.
(3) Surface water storage.--The term ``surface water
storage'' means any federally owned facility under the
jurisdiction of the Bureau of Reclamation or any non-Federal
facility used for the surface storage and supply of water
resources.
(4) Treasury rate.--The term ``Treasury rate'' means the
20-year Constant Maturity Treasury (CMT) rate published by the
United States Department of the Treasury existing on the
effective date of the contract.
(5) Water users' association.--The term ``water users'
association'' means--
(A) an entity organized and recognized under State
laws that is eligible to enter into contracts with
reclamation to receive contract water for delivery to
and users of the water and to pay applicable charges;
and
(B) includes a variety of entities with different
names and differing functions, such as associations,
conservatory district, irrigation district,
municipality, and water project contract unit. | Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act - Directs the Secretary of the Interior to convert certain existing water service contracts between the United States and water users' associations to repayment contracts to allow for prepayment of such contracts, upon the request of the contractor. Specifies the manner of conversion and the terms and conditions of prepayment. Requires the receipts generated from prepayment of contracts under this Act, beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the enactment of this Act, to be directed to the Reclamation Surface Water Storage Account. Requires the Secretary to allocate amounts in such Account to fund or provide loans for the construction of surface water storage for: increased municipal and industrial water supply; agricultural floodwater, erosion, and sedimentation reduction; agricultural drainage improvements; agricultural irrigation; increased recreation opportunities; reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this Act; and other purposes consistent with reclamation laws or other federal law. | {"src": "billsum_train", "title": "Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act"} | 2,413 | 235 | 0.610796 | 1.829382 | 0.895541 | 4.373206 | 11 | 0.956938 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rail Shipper Fairness Act of 2017''.
SEC. 2. IMPROVING RAIL SERVICE.
(a) Common Carrier Obligations.--Section 11101(a) of title 49,
United States Code, is amended by inserting ``, as necessary for the
efficient and reliable transportation based on the shipper's reasonable
service requirements,'' after ``the transportation or service''.
(b) Emergency Service Orders.--Section 11123(b) of such title is
amended by adding at the end the following:
``(4) The Board may issue emergency service orders that include
shipments moving under contract if such shipments are part of a
regional service order issued in accordance with this section.''.
(c) Reports.--Section 11145(a) of such title is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) reports, service plans, or other documents that cover
shipments moving under contract if such shipments are part of a
general report, service plan, or other document that generally
covers the geographic area or commodity; and''.
(d) Equitable Relief; Damages.--Section 11704 of such title is
amended--
(1) in subsection (a), by inserting ``or subjected to
inadequate or deficient service'' after ``injured'';
(2) by amending subsection (b) to read as follows:
``(b) A rail carrier providing transportation subject to the
jurisdiction of the Board under this part is liable--
``(1) for damages sustained by a person as a result of an
act or omission of that carrier in violation of this part;
``(2) to a person for amounts charged to that person that
exceed the applicable rate for the transportation; and
``(3) to a person for damages or equitable relief as a
result of inadequate or deficient service in violation of this
part.''; and
(3) in subsection (c), by adding at the end the following:
``(3) The Board may order a rail carrier to pay damages or to
provide equitable relief, as appropriate, to a person subjected to
inadequate or deficient service as a result of a violation of this part
by that carrier.''.
(e) Civil Penalties.--Section 11901 of such title is amended--
(1) in subsection (a), by striking ``$5,000'' and inserting
``$25,000'';
(2) in subsection (c), by striking ``$5,000'' and inserting
``$25,000''; and
(3) in subsection (e), by striking ``$100'' each place such
term appears and inserting ``$1,000''.
SEC. 3. IMPROVING RAIL COMPETITION.
(a) Rail Transportation Policy.--Section 10101 of title 49, United
States Code, is amended--
(1) by redesignating paragraphs (14) and (15) as paragraphs
(15) and (16), respectively; and
(2) by inserting after paragraph (13) the following:
``(14) to provide for and promote the protection of the
shipping public;''.
(b) Rates.--Section 10705 of such title is amended by adding at the
end the following:
``(d) Shippers may obtain rates to or from any interchange points
of two or more rail carriers.''.
(c) Market Dominance.--Section 10707 of such title is amended--
(1) in subsection (a)--
(A) by striking ``In this section, `market
dominance' means'' and inserting the following:
``(a) In this section:
``(1) `effective competition' only includes modes of
transportation with existing and supporting infrastructure; and
``(2) `market dominance' means''; and
(2) in subsection (b)--
(A) by inserting ``A rail carrier could have market
dominance even in circumstances in which a shipper is
served by two carriers.'' after ``the rate applies.'';
and
(B) by striking ``rate or transportation'' and
inserting ``rate for transportation''.
(d) Terminal Facilities.--Section 11102(c) of such title is amended
to read as follows:
``(c)(1) Except as provided in paragraph (2), the Board shall
require a Class I rail carrier to enter into a competitive switching
agreement if a shipper or receiver, or a group of shippers or
receivers, files a petition with the Board that demonstrates, to the
satisfaction of the Board, that--
``(A) the facilities of the shipper or receiver for whom
such switching is sought are served by rail only by a single,
Class I rail carrier; and
``(B) subject to paragraph (3), there is, or can be a
working interchange between--
``(i) the Class I rail carrier serving the shipper
or receiver for whom such switching is sought; and
``(ii) another rail carrier within a reasonable
distance of the facilities of such shipper or receiver.
``(2) Competitive switching may not be imposed under this
subsection if--
``(A) either rail carrier between which such switching is
to be established demonstrates that the proposed switching is
not feasible or is unsafe; or
``(B) the presence of reciprocal switching will unduly
restrict the ability of a rail carrier to serve its own
shippers.
``(3) The requirement set forth in paragraph (1)(B) is satisfied if
each facility of the shipper or receiver for which competitive
switching is sought is--
``(A) within the boundaries of a terminal of the Class I
rail carrier; or
``(B) within a 100-mile radius of an interchange between
the Class I rail carrier and another carrier at which rail cars
are regularly switched.''.
SEC. 4. IMPROVING REASONABLE RATE STANDARDS.
(a) Benchmark-Based Rate Reasonableness Standard.--Section 10701(d)
of title 49, United States Code, is amended by adding at the end the
following:
``(4)(A) Not later than 90 days after the date of the enactment of
this paragraph, the Board shall initiate a rulemaking proceeding to
develop a methodology for determining the reasonableness of challenged
rail rates based on competitive rate benchmarking that predicts a
competitive rate level based upon econometric models.
``(B) Rather than utilizing its existing Three-Benchmark
Methodology, the Board shall develop a methodology that considers
competitive markets or a proxy of such markets.
``(C) In determining the reasonableness of a challenged rate under
the new benchmarking methodology developed under this paragraph, the
Board shall presume that a rate above the benchmark rate level is
unreasonable unless the rail carrier proves that the margin above the
competitive rate benchmark is necessary to allow the rail carrier to
earn adequate revenues.
``(D) Relief under the new benchmarking method shall have no
monetary limit, but any rate prescription set by the Board shall remain
in effect not less than 5 years.
``(E) The Board's rulemaking under this paragraph shall set a
standard procedural schedule for such cases, subject to necessary
adjustments in particular adjudications, which may not exceed 365
days.''.
(b) Stand-Alone Cost Cases.--Section 10702 of such title is
amended--
(1) by inserting ``(a)'' before ``A rail carrier''; and
(2) by adding at the end the following:
``(b)(1) The Board shall prohibit a rail carrier providing
transportation subject to the jurisdiction of the Board under this part
to change the challenged rate for providing such transportation to rail
customers while a maximum reasonable rate case brought by such rail
customers is pending before the Board.
``(2) A rail customer may file a maximum reasonable rate case with
the Board after the date that is 2 years before the date on which a
common carrier shipment rate is anticipated to begin.
``(3) The Board may not use cross-subsidy tests in deciding stand-
alone cost cases.
``(4) The Board shall use a market-based revenue divisions
methodology in deciding stand-alone cost cases.
``(5) In a stand-alone cost case, if the Board determines that the
rail carrier is revenue adequate, the rail carrier shall have the
burden of proof to demonstrate that the railroad carrier is charging a
reasonable rate.''.
(c) Conforming Amendment.--Section 10704 of such title is amended--
(1) by striking subsection (c); and
(2) by redesignating subsection (d) as subsection (c).
(d) Market Dominance.--Section 10707 of such title, as amended by
section 3(c), is further amended--
(1) in subsection (d)(1)(B), by adding at the end the
following ``A shipper may introduce movement-specific Uniform
Rail Costing System cost calculations.''; and
(2) by adding at the end the following:
``(e) In making a determination under this section, the Board may
not utilize a qualitative analysis in which the Board attempts to
identify any feasible transportation alternatives that could be used by
the shipper.''.
SEC. 5. PROTECTIONS FROM UNREASONABLE PRACTICES.
Section 10701 of title 49, United States Code, is amended by adding
at the end the following:
``(e)(1) A rail carrier providing transportation subject to the
jurisdiction of the Board under this part may not use an index when
establishing fuel surcharges.
``(2) Any fuel surcharges imposed by the rail carrier shall be
directly accounted for by changes to the carrier's actual fuel prices.
The carrier's fuel surcharge may not be greater than the amount
necessary to recover the carrier's incremental fuel cost increases.
``(3) The Board is authorized to require any rail carrier to report
actual fuel prices as necessary to carry out the purposes of this
subsection.
``(4) A shipper may challenge a fuel surcharge as an unreasonable
practice under section 10702(2) if such charges, as applied to that
shipper, exceed the carrier's incremental fuel costs.''.
SEC. 6. REVENUE ADEQUACY.
(a) Elimination of Revenue Adequacy Test.--Section 10704(a) of
title 49, United States Code, is amended by striking paragraph (3).
(b) Railroad Cost of Capital.--Section 10704(a) of such title, as
amended by subsection (a), is further amended by adding at the end the
following:
``(3) In calculating a rail carrier's cost of capital, the Board
shall multiply the value of the capital by the sum of--
``(A) the current annual yield on a 10-year United States
Treasury Bond; and
``(B) a prospective market risk premium, which shall not
exceed 5 percent per year.''. | Rail Shipper Fairness Act of 2017 This bill amends federal transportation law to: (1) require rail transportation service to be efficient and reliable based on a shipper's reasonable service requirements, and (2) expand enumerated U.S. transportation policies to provide for and promote the protection of the shipping public. The Surface Transportation Board (STB) may: issue emergency service orders that include rail carrier shipments moving under contract if such shipments are part of a regional service order; and require reports, service plans, or other documents that cover shipments moving under contract. Rail carriers shall be liable for damages or equitable relief as a result of inadequate or deficient service. Civil penalties for rail carriers who violate certain federal requirements are increased from $5,000 to $25,000 per violation. The bill allows shippers to obtain rates to or from any interchange points within 100 miles of two or more rail carriers (i.e., competitive switching). The STB shall initiate a rulemaking proceeding to develop a market-based revenue methodology for determining the reasonableness of challenged rail rates. A rail carrier must compute fuel surcharges in accordance with changes in actual fuel prices, rather than using an index. The STB must: (1) suspend collection of rate increases in stand-alone cost cases while a rate case is pending, and (2) replace its revenue adequacy test for rail carriers with a formula for calculating a carrier's cost of capital. | {"src": "billsum_train", "title": "Rail Shipper Fairness Act of 2017"} | 2,472 | 308 | 0.613659 | 1.869541 | 0.768745 | 3.556777 | 8.432234 | 0.868132 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Utah Open OHV Areas Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) County.--The term ``County'' means Washington County,
Utah.
(2) Federal land.--The term ``Federal land'' means land
owned and managed by the Bureau of Land Management in the
County that is identified on the map as ``Federal Lands
Proposed to Transfer to SITLA''.
(3) Map.--The term ``map'' means the map prepared by the
State of Utah School and Institutional Trust Lands
Administration entitled ``Sand Mountain Exchange Washington
County, Utah'' and dated June 19, 2015.
(4) Non-federal land.--The term ``non-Federal land'' means
the State land identified on the map as ``SITLA Lands Proposed
to Transfer to Federal''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Utah.
SEC. 3. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State all right, title, and
interest of the United States in and to the Federal land.
(b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(c) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this section shall be in a format acceptable to
the Secretary and the State.
(d) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this section shall be
determined by appraisals conducted by 1 or more independent
appraisers retained by the State, with the consent of the
Secretary.
(2) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions.
(3) Approval.--The appraisals conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(4) Reimbursement of state costs.--The Secretary shall
reimburse the State in an amount equal to 50 percent of the
costs incurred by the State in retaining independent appraisers
under paragraph (1).
(e) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the
Federal land exceeds the value of the non-Federal land,
the value of the Federal land and non-Federal land
shall be equalized, as determined to be appropriate and
acceptable by the Secretary and the State--
(i) by reducing the acreage of the Federal
land to be conveyed;
(ii) by adding additional State land to the
non-Federal land to be conveyed; or
(iii) by the State making a cash payment to
the United States.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and non-Federal
land shall be equalized, as determined to be
appropriate and acceptable by the Secretary and the
State--
(i) by reducing the acreage of the non-
Federal land to be conveyed; or
(ii) by the United States making a cash
payment to the State.
(f) Use of Non-Federal Land.--On the conveyance of the non-Federal
land to the Secretary under this section, the non-Federal land shall be
used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
SEC. 4. CONVEYANCE OF LAND TO WASHINGTON COUNTY, UTAH.
(a) In General.--As soon as practicable after notification by the
County and subject to valid existing rights, the Secretary shall convey
to the County, without consideration, all right, title, and interest of
the United States in and to the land described in subsection (b).
(b) Description of Land.--The land referred to in subsection (a)
consists of the land managed by the Bureau of Land Management that is
generally depicted on the map as ``Hurricane Sand Dunes (NRA)''.
(c) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall finalize the legal
description of the land to be conveyed to the County under this
section.
(2) Minor errors.--The Secretary may correct any minor
error in--
(A) the map; or
(B) the legal description.
(3) Availability.--The map and legal description shall be
on file and available for public inspection in the appropriate
offices of the Bureau of Land Management.
(d) Use of Conveyed Land.--The land conveyed under this section
shall be used only--
(1) as an open riding area for the use of off-highway
vehicles; or
(2) for any other public purpose consistent with uses
allowed under the Act of June 14, 1926 (commonly known as the
``Recreation and Public Purposes Act'') (43 U.S.C. 869 et
seq.).
(e) Administrative Costs.--The Secretary shall require the County
to pay all survey costs and other administrative costs necessary for
the preparation and completion of any patents for, and transfers of
title to, the land described in subsection (b).
(f) Conditions.--As a condition of the conveyance under subsection
(a), the County shall agree--
(1) to pay any administrative costs associated with the
conveyance including the costs of any environmental, wildlife,
cultural, or historical resources studies;
(2) to release and indemnify the United States from any
claims or liabilities that may arise from uses carried out on
the land described in subsection (b) on or before the date of
enactment of this Act by the United States or any person; and
(3) to accept such reasonable terms and conditions as the
Secretary determines necessary.
(g) Reversion.--If the land conveyed under this section ceases to
be used for a public purpose in accordance with subsection (d), the
land shall, at the discretion of the Secretary, revert to the United
States. | Southern Utah Open OHV Areas Act This bill directs the Department of the Interior to convey specified land owned and managed by the Bureau of Land Management (BLM) in Washington County, Utah, to the state of Utah in exchange for specified state lands. Upon the conveyance of the nonfederal land to Interior, such land shall be used only: (1) as an open riding area for the use of off-highway vehicles; or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act. Interior shall convey, without consideration, specified Open OHV Areas managed by the BLM to Washington County. Interior shall convey to the county, without consideration, all right, title, and interest of the United States in and to the (Open OHV Areas) land managed by the BLM and identified as Hurricane Sand Dunes (NRA). Such conveyed land shall be used only as: (1) an open riding area for the use of off-highway vehicles, or (2) for any other public purpose consistent with uses allowed under the Recreation and Public Purposes Act. | {"src": "billsum_train", "title": "Southern Utah Open OHV Areas Act"} | 1,632 | 235 | 0.555819 | 1.571723 | 0.778301 | 6.009259 | 6.652778 | 0.925926 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Housing Development and
Reform Act of 1994''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) Indian tribes face an unprecedented crisis due to the
lack of shelter for a growing number of individuals and
families, including elderly persons, persons with disabilities,
and families with children;
(2) the demand for Indian housing has become more severe
and, in the absence of more effective efforts and consistent
funding, is expected to become dramatically worse, endangering
the lives and safety of Indian and Alaska Native people;
(3) the Federal Government has a historical and special
legal relationship with, and resulting responsibility to,
Indian tribes;
(4) included within the relationship referred to in
paragraph (3) is a trust responsibility to provide decent,
safe, sanitary, and affordable housing to the members of Indian
tribes residing on reservations;
(5) the Inspector General of the Department of the Interior
has issued several audit reports on various area offices of the
Bureau of Indian Affairs and has concluded that the Housing
Improvement Program has been severely mismanaged and abused;
(6) as a result of the mismanagement and abuse of the
Housing Improvement Program, persons who are not eligible for
the Program are receiving assistance while persons who are
eligible for the Program are not receiving needed assistance;
(7) the Secretary of Housing and Urban Development has the
primary responsibility for the delivery of Indian housing
services; and
(8) the transfer of the Housing Improvement Program to the
Department of Housing and Urban Development will eliminate
useless bureaucracy and waste while allowing the Secretary of
Housing and Urban Development to administer the Housing
Improvement Program according to the Program's intended goals
and objectives.
SEC. 3. DEFINITIONS.
For purposes of this Act, the following definitions shall apply:
(1) Department.--The term ``Department'', unless otherwise
specified, means the Department of Housing and Urban
Development.
(2) Incorporated definitions.--The terms ``Indian'',
``Indian housing authority'', and ``Indian tribe'' have the
same meanings as in section 3 of the United States Housing Act
of 1937.
(3) Program.--The term ``Program'' means the Housing
Improvement Program of the Bureau of Indian Affairs, Department
of the Interior, as set forth in part 256 of title 25, Code of
Federal Regulations.
(4) Secretary.--The term ``Secretary'', unless otherwise
specified, means the Secretary of Housing and Urban
Development.
SEC. 4. HOUSING IMPROVEMENT PROGRAM.
(a) Transfer of Program.--
(1) In general.--The Program is hereby transferred to the
Department.
(2) Effective date.--Paragraph (1) shall take effect on the
expiration of the 180-day period following the date of
enactment of this Act.
(b) Program Goals.--Notwithstanding any other provision of law, the
goals of the Program are--
(1) to benefit Indian families by providing decent, safe,
and sanitary shelter and by reducing the health and social
costs created by an unsafe and unsanitary environment; and
(2) to provide for renovations, repairs, and additions to
existing Indian houses, including repairs to houses that remain
substandard but need repairs for the health or safety of the
occupants and repairs to bring Indian houses to standard
condition.
(c) Administration of the Program.--
(1) In general.--The Secretary shall carry out the Program
in accordance with this section.
(2) Limitation on assistance.--Notwithstanding paragraph
(3) or any other provision of law, the Secretary, unless
otherwise authorized by the governing body of an Indian tribe--
(A) shall provide assistance under the Program only
to the governing body of an Indian tribe; and
(B) shall not provide any such assistance to an
Indian housing authority.
(3) Modifications to program.--The Secretary is authorized
to modify or otherwise change the Program to meet the goals set
forth in subsection (b).
(d) Transfer and Allocations of Appropriations.--Except as
otherwise provided in this section, the assets, liabilities, contracts,
property, records, and unexpended balances of appropriations,
authorizations, allocations, and other funds employed, used, held,
arising from, available to, or to be made available in connection with
the Program, subject to section 1531 of title 31, United States Code,
shall be transferred to the Department. Unexpended funds transferred
pursuant to this section shall be used only for the purposes for which
the funds were originally authorized and appropriated.
(e) Transfer of Personnel.--
(1) In general.--Except as otherwise provided in this
section, the Secretary of the Interior shall transfer such
personnel to the Department to administer the Program as the
Secretary considers necessary and appropriate.
(2) No separation or reduction in grade or compensation for
1 year.--Except as otherwise provided in this section, any
transfer pursuant to this section of full-time personnel
(except special Government employees) and part-time personnel
holding permanent positions shall not cause any such employee
to be separated or reduced in grade or compensation during the
1-year period beginning on the date on which the employee is
transferred to the Department.
(3) Executive schedule employees.--Except as otherwise
provided in this section, any person who, on the day preceding
the date on which such person is transferred to the Department
under this section, holds a position compensated in accordance
with the Executive Schedule prescribed in chapter 53 of title
5, United States Code, and who, without a break in service, is
appointed in the Department to a position having duties
comparable to the duties performed immediately preceding such
appointment shall continue to be compensated in such new
position at not less than the rate provided for such previous
position, for the duration of the service of such person in
such new position.
(4) Presidential appointees.--Positions whose incumbents
are appointed by the President, by and with the advice and
consent of the Senate, the functions of which are transferred
pursuant to this section, shall terminate on the effective date
of this section.
(f) Incidental Transfers.--The Director of the Office of Management
and Budget, at such time or times as the Director shall provide, is
authorized to make such determinations as may be necessary with regard
to the Program, and to make such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts, property, records,
and unexpended balances of appropriations, authorizations, allocations,
and other funds held, used, arising from, available to, or to be made
available in connection with the Program, as may be necessary to carry
out this section. The Director of the Office of Management and Budget
shall provide for the termination of the affairs of all entities
terminated by this section and for such further measures and
dispositions as may be necessary to effectuate the purposes of this
section.
(g) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) that have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official, or by a court of competent jurisdiction, in the
performance of the Program which are transferred under this
section; and
(2) that are in effect on the effective date of subsection
(a)(1), or that were final before such date and are to become
effective on or after such date;
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, or other authorized official, a court of
competent jurisdiction, or by operation of law.
(h) Proceedings Not Affected.--The provisions of this section shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the Department of the Interior on the
effective date of subsection (a)(1), with respect to the Program, and
such proceedings and applications shall be continued. Orders shall be
issued in such proceedings, appeals shall be taken therefrom, and
payments shall be made pursuant to such orders, as if this section had
not been enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or revoked
by a duly authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this section shall be deemed to
prohibit the discontinuance or modification of any such proceeding
under the same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this section had
not been enacted.
(i) Actions Not Affected.--The provisions of this section shall not
affect actions commenced before the effective date of subsection
(a)(1), and in all such actions, proceedings shall be had, appeals
taken, and judgments rendered in the same manner and with the same
effect as if this section had not been enacted.
(j) Nonabatement of Actions.--No action or other proceeding
commenced by or against the Department of the Interior, or by or
against any individual in the official capacity of such individual as
an officer of the Department of the Interior, shall abate by reason of
the enactment of this section.
(k) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Department of the Interior relating
to the Program may be continued by the Department with the same effect
as if this section had not been enacted.
(l) Transition.--The Secretary is authorized to utilize--
(1) the services of such officers, employees, and other
personnel of the Department of the Interior with respect to the
Program; and
(2) funds appropriated to the Program for such period of
time as may reasonably be needed to facilitate the orderly
implementation of this section.
(m) References.--Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to--
(1) the Secretary of the Interior, with regard to the
Program, shall be deemed to refer to the Secretary; and
(2) the Department of the Interior, with regard to the
Program, shall be deemed to refer to the Department.
(n) Regulations.--The Secretary shall, by notice published in the
Federal Register, establish such requirements as may be necessary to
carry out this section. The Secretary shall issue final regulations to
carry out this section, based on such notice, after providing
opportunity for public comment on the notice.
(o) Authorization of Appropriations.--There are authorized to be
appropriated $34,000,000 for fiscal years 1996, 1997, 1998, 1999, and
2000 to carry out the Program.
SEC. 5. AUTHORIZATION.
Section 5(c) of the United States Housing Act of 1937 (42 U.S.C.
1437c(c)) is amended by adding at the end the following new paragraph:
``(9) Using the additional budget authority that becomes
available during fiscal years 1996, 1997, 1998, 1999, and 2000,
the Secretary shall, to the extent approved in appropriation
Acts, reserve authority to enter into obligations aggregating,
for public housing grants for Indian families under subsection
(a)(2), an amount sufficient to provide assistance for an
additional 4,000 units of Indian housing for each such year.''.
SEC. 6. ELIGIBLE INDIANS.
Section 201 of the United States Housing Act of 1937 (42 U.S.C.
1437aa) is amended by adding at the end the following new subsection:
``(d) Eligible Families.--
``(1) In general.--Except as provided in section 202(d) of
this title and paragraph (2) of this subsection, low-income
housing developed or operated pursuant to a contract between
the Secretary and an Indian housing authority shall be limited
to Indian low-income families.
``(2) Exception.--An Indian housing authority may provide
assistance to any non-Indian family on an Indian reservation or
other Indian area if the Indian housing authority determines
that the need for housing for such families on the Indian
reservation or other Indian area cannot reasonably be met
without such assistance.
``(3) Existing assistance.--Nothing in this subsection
shall be construed to prohibit or otherwise affect any
assistance provided to a family served by an Indian housing
authority on the date of enactment of this subsection.''.
SEC. 7. CERTAIN WAGE RATES NOT APPLICABLE.
(a) Wage Rates.--Beginning on the date of enactment of this Act,
the provisions of the Davis-Bacon Act shall not be applicable to any
construction, alteration, or repair, including painting and decorating,
carried out pursuant to any contract entered into after the date of
enactment of this Act, except as provided in subsection (b), in
connection with any housing project of 40 units or less involving
Indian housing developed or operated by an Indian housing authority.
(b) Existing Contracts.--The provisions of subsection (a) shall not
affect any contract in effect on the date of enactment of this Act, or
any contract that is entered into on or after such date of enactment
pursuant to invitations for bids that were outstanding on such date of
enactment.
SEC. 8. TECHNICAL ASSISTANCE.
(a) Technical Assistance Grants.--The Secretary is authorized to
make grants to Indian tribes for use by such tribes in obtaining
technical assistance in connection with Indian housing programs.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 to carry out the provisions of subsection (a). | Indian Housing Development and Reform Act of 1994 - Transfers the Housing Improvement Program from the Bureau of Indian Affairs, Department of the Interior, to the Department of Housing and Urban Development (HUD). Authorizes appropriations.
Amends the United States Housing Act of 1937 to: (1) obligate assistance for additional Indian housing units; and (2) limit, with exceptions, low-inome housing operated by an Indian housing authority to Indian low-income families.
Authorizes the Secretary of HUD to make housing-related technical assistance grants to Indian tribes. Authorizes appropriations. | {"src": "billsum_train", "title": "Indian Housing Development and Reform Act of 1994"} | 3,008 | 124 | 0.587706 | 1.545035 | 0.636728 | 3.345133 | 24.893805 | 0.867257 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers in the Classroom Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Enrollment in elementary and secondary schools is at
the highest level ever recorded in this country, and the
Department of Education recently announced that 52,200,000
students are expected to attend school in 1998, an increase of
more than a million students over 1997.
(2) Increases in elementary and secondary student
enrollment will continue in record numbers each year for the
next decade with more than 3,000,000 additional students
expected; secondary school attendance alone is expected to
increase by more than 13 percent.
(3) This unprecedented increase in student enrollment will
affect high poverty urban and rural areas, and States
experiencing rapid population growth.
(4) Just to keep pace with the growing number of enrolled
elementary and secondary school students, schools will need to
hire 150,000 additional teachers during the next decade.
(5) Data and research, including information from the State
of Tennessee's Student/Teacher Achievement Ratio project
(Project STAR), the largest and longest lasting experiment ever
conducted to examine the effects of small class sizes on
student learning and development, suggest that students in the
early grades learn more in smaller classes, continue to have an
edge over the rest of their peers years after they return to
normal-sized classrooms and show that every time a student is
added to a classroom, learning is diminished for the rest of
the class.
(6) It is vital that we adequately educate and prepare
America's children for the next century and our competitive
global economy.
(7) Helping improve the learning environment for each and
every student is an important goal, hiring new teachers is an
important objective, and Congress needs to fund positions for
teachers without adding to the Federal bureaucracy, deficit, or
debt.
(8) Congress needs to provide resources to keep pace with
growing enrollment and, if possible, help to reduce classroom
sizes.
SEC. 3. GRANT PROGRAM.
(a) In General.--The Secretary of Education is authorized to award
grants to Governors to enable Governors to provide funds to local
educational agencies to hire elementary and secondary teachers or
qualified instructional personnel as authorized under State law to
reduce overcrowded classes.
(b) State Eligibility.--
(1) In general.--To be eligible to receive a grant under
this Act, a Governor of a State shall submit an application to
the Secretary.
(2) Disapproval.--To the extent that appropriations are
made available in a fiscal year to carry out this Act, the
Secretary shall not disapprove an application from a Governor.
(c) Local Eligibility.--To be eligible to receive a grant from the
Governor, a local educational agency shall--
(1) establish a trust fund for all payments received under
this Act;
(2) provide assurances that funds received under this Act
will be deposited in such trust fund account;
(3) provide assurances that funds received under this Act
will be used only to hire new teachers or qualified personnel
not later than 2 years after receipt of such funds;
(4) provide assurances that the agency will use accounting
and auditing practices stipulated by the Governor and allow the
State access to any and all records regarding funds received
and used under this Act;
(5) provide assurances that the agency will achieve a net
gain in the number of teachers or qualified instructional
personnel in a classroom setting;
(6) review annually the performance of personnel hired
pursuant to this Act to ensure that the agency has hired
qualified personnel;
(7) obligate personnel hired pursuant to this Act for a
period of employment not to exceed one year;
(8) repay to the State not later than 27 months after
receipt of funds from the State any amounts not expended after
24 months of such receipt;
(9) use funds received under this Act only to supplement
the amount of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for the
education of students participating in programs assisted under
this Act, and not to supplant such funds; and
(10) apply to the Governor each year in which the agency
wishes to receive funding under this Act.
SEC. 4. DISTRIBUTION OF FUNDS.
(a) In General.--From the amount appropriated for this Act under
section 8 for any fiscal year, each State is eligible to receive an
amount that bears the same ratio to the amount so appropriated as the
average number of children aged 5 through 17, inclusive, in the State
as reported to the Secretary in the three most recent calendar years
for which such data is available bears to the number of such children
in all States during the same period.
(b) Reallocation.--The Secretary shall reallocate any amounts
allocated under subsection (a) that are not used by a State for the
purposes of this section to other States in proportion to the
distribution of other funds under this section.
SEC. 5. FISCAL REQUIREMENTS.
(a) Withholding for Noncompliance.--A Governor, 60 days after
written notice to a local educational agency for substantial
noncompliance with the provisions of section 3(c), may withhold
payments to a local educational agency.
(b) Maintenance of Effort.--After the first fiscal year that a
local educational agency receives funds under this Act, such agency may
continue to receive funds for any fiscal year only if the Governor
finds that the local educational agency has increased the number of
teachers or qualified personnel in the classroom.
SEC. 6. PROGRAM ADMINISTRATION.
(a) State Administration.--
(1) In general.--A Governor who receives a grant under this
Act shall select one or more local educational agencies in the
State to participate in a program under this Act based on the
determination of the Governor regarding the need to alleviate
overcrowded classes in schools served by such an agency.
(2) Evaluation and report.--A Governor who receives a grant
under this Act shall evaluate and audit the funds used for any
program established by a local educational agency under this
Act and shall report such findings on an annual basis to the
Secretary of Education.
(3) Administrative costs.--A Governor may use not more than
2 percent of the funds received under this Act to pay
administrative costs.
(4) Innovative teaching programs.--A Governor may use not
more than 10 percent of the funds received under this Act to
establish a program within the State to improve instructional
quality by providing incentives to encourage innovative teacher
training programs, establish alternate certification and
licensure procedures, or to hire nontraditional personnel.
(b) Secretary Reporting.--The Secretary of Education, after
consultation with the Governors, shall report to the Committee on
Education and the Workforce of the House of Representatives and the
Committee on Labor and Human Resources of the Senate not later than
March 1 of each year and shall include in this report, an evaluation of
the effectiveness of programs assisted under this Act and
recommendations regarding the continuity of this program.
SEC. 7. CONSTRUCTION.
Nothing in this Act may be construed to provide tenure to personnel
hired pursuant to this Act.
SEC. 8. DEFINITION.
For purposes of this Act--
(1) the term ``local educational agency'' means a board of
education or other authority constituted within a State for
administrative control or direction of or to perform a service
function for elementary and secondary schools;
(2) the term ``State'' means each of the 50 States and the
District of Columbia; and
(3) the term ``Secretary'' means the Secretary of the
Department of Education.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to carry out this Act--
(1) $500,000,000 for fiscal year 1999;
(2) $1,000,000,000 for fiscal year 2000;
(3) $1,500,000,000 for fiscal year 2001;
(4) $2,000,000,000 for fiscal year 2002; and
(5) $2,500,000,000 for fiscal year 2003. | Teachers in the Classroom Act - Authorizes the Secretary of Education to award grants to State Governors to provide funds to local educational agencies to hire elementary and secondary teachers or qualified instructional personnel to reduce overcrowded classes.
Sets forth requirements for State and local eligibility, distribution of funds, program administration, evaluation, and reports.
Allows State Governors to use up to ten percent of funds received under this Act to establish programs to improve instructional quality by providing incentives to encourage innovative teacher training programs, establish alternate certification and licensure procedures, or to hire nontraditional personnel.
Authorizes appropriations. | {"src": "billsum_train", "title": "Teachers in the Classroom Act"} | 1,684 | 125 | 0.408324 | 1.001575 | 0.690102 | 4.234234 | 14.81982 | 0.918919 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Guadalupe-Hidalgo
Treaty Land Claims Act of 1997''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions and findings.
Sec. 3. Establishment and membership of Commission.
Sec. 4. Examination of land claims.
Sec. 5. Community Land Grant Study Center.
Sec. 6. Miscellaneous powers of Commission.
Sec. 7. Report.
Sec. 8. Termination.
Sec. 9. Authorization of appropriations.
SEC. 2. DEFINITIONS AND FINDINGS.
(a) Definitions.--For purposes of this Act:
(1) Commission.--The term ``Commission'' means the
Guadalupe-Hidalgo Treaty Land Claims Commission established
under section 3.
(2) Treaty of guadalupe-hidalgo.--The term ``Treaty of
Guadalupe-Hidalgo'' means the Treaty of Peace, Friendship,
Limits, and Settlement (Treaty of Guadalupe Hidalgo), between
the United States and the Republic of Mexico, signed February
2, 1848 (TS 207; 9 Bevans 791).
(3) Eligible descendant.--The term ``eligible descendant''
means a descendant of a person who--
(A) was a Mexican citizen before the Treaty of
Guadalupe-Hidalgo;
(B) was a member of a community land grant; and
(C) became a United States citizen within ten years
after the effective date of the Treaty of Guadalupe-
Hidalgo, May 30, 1848, pursuant to the terms of the
Treaty.
(4) Community land grant.--The term ``community land
grant'' means a village, town, settlement, or pueblo consisting
of land held in common (accompanied by lesser private
allotments) by ten or more families under a grant from the King
of Spain (or his representative) before the effective date of
the Treaty of Cordova, August 24, 1821, or from the authorities
of the Republic of Mexico before May 30, 1848, in what became
the State of New Mexico, regardless of the original character
of the grant.
(5) Reconstituted.--The term ``reconstituted'', with regard
to a valid community land grant, means restoration to full
status as a municipality with rights properly belonging to a
municipality under State law, including the nontaxability of
municipal property (common lands) and the right of local self-
government.
(b) Findings.--Congress finds the following:
(1) New Mexico has a unique history regarding the
acquisition of ownership of land as a result of the substantial
number of Spanish and Mexican land grants that were an integral
part of the colonization and growth of New Mexico before the
United States acquired the area in the Treaty of Guadalupe-
Hidalgo.
(2) Various provisions of the Treaty of Guadalupe-Hidalgo
have not yet been fully implemented in the spirit of Article
VI, section 2, of the Constitution of the United States.
(3) Serious questions regarding the prior ownership of
lands in the State of New Mexico, particularly certain public
lands, still exist.
(4) Congressionally established land claim commissions have
been used in the past to successfully examine disputed land
possession questions.
SEC. 3. ESTABLISHMENT AND MEMBERSHIP OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Guadalupe-Hidalgo Treaty Land Claims Commission''.
(b) Number and Appointment of Members.--The Commission shall be
composed of three members appointed by the President by and with the
advise and consent of the Senate.
(c) Terms.--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.
(d) Compensation.--Members shall each be entitled to receive the
daily equivalent of level V of the Executive Schedule for each day
(including travel time) during which they are engaged in the actual
performance of duties vested in the Commission.
SEC. 4. EXAMINATION OF LAND CLAIMS.
(a) Submission of Land Claims Petitions.--Any 10 (or more) eligible
descendants who are also descendants of the same community land grant
may file with the Commission a petition on behalf of themselves and all
other descendants of that community land grant seeking a determination
of the validity of the land claim that is the basis for the petition.
(b) Deadline for Submission.--To be considered by the Commission, a
petition under subsection (a) must be received by the Commission not
later than four years after the date of the enactment of this Act.
(c) Elements of Petition.--A petition under subsection (a) shall be
made under oath and shall contain the following:
(1) The names and addresses of the eligible descendants who
are petitioners.
(2) The fact that the land involved in the petition was a
community land grant at the time of the effective date of the
Guadalupe-Hidalgo Treaty.
(3) The extent of the community land grant, to the best of
the knowledge of the petitioners, accompanied with a survey or,
if a survey is not feasible to them, a sketch map thereof.
(4) The fact that the petitioners reside, or intend to
settle upon, the community land grant.
(5) All facts known to petitioners concerning the community
land grant, together with copies of all papers in regard
thereto available to petitioners.
(d) Petition Hearing.--The Commission shall hold a hearing upon
each petition timely submitted under subsection (a), at which hearing
all persons having an interest in the land involved in the petition
shall have the right, upon notice, to appear as a party.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any petition submitted
under subsection (a). The attendance of witnesses and the
production of evidence may be required from any place within
the United States at any designated place of hearing within the
United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(f) Decision.--On the basis of the facts contained in a petition
submitted under subsection (a), and the hearing held with regard to the
petition, the Commission shall determine the validity of the community
land grant described in the petition. The decision shall include a
recommendation of the Commission regarding whether the community land
grant should be reconstituted and its lands restored.
SEC. 5. COMMUNITY LAND GRANT STUDY CENTER.
To assist the Commission in the performance of its activities under
section 4, the Commission shall establish a Community Land Grant Study
Center at the Onate Center in Alcalde, New Mexico.
SEC. 6. MISCELLANEOUS POWERS OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon order of the Commission. For purposes of Federal
income, estate, and gift taxes, property accepted under this subsection
shall be considered as a gift, bequest, or devise to the United States.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 7. REPORT.
As soon as practicable after reaching its last decision under
section 4, the Commission shall submit to the President and the
Congress a report containing each decision, including the
recommendation of the Commission regarding whether certain community
land grants should be reconstituted.
SEC. 8. TERMINATION.
The Commission shall terminate on 180 days after submitting its
final report under section 7.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000 for the purpose
of carrying out the activities of the Commission and to establish and
operate the Community Land Grant Study Center. | Guadalupe-Hidalgo Treaty Land Claims Act of 1997 - Establishes the Guadalupe-Hidalgo Treaty Land Claims Commission to determine the validity of land claims arising out of the Treaty of Guadalupe-Hidalgo of 1848. Authorizes to petition the Commission, on behalf of themselves and all other descendants, ten or more eligible Mexican descendants in the State of New Mexico who are also descendants of the same community land grant.
Directs the Commission to establish a Community Land Grant Study Center.
Authorizes appropriations. | {"src": "billsum_train", "title": "Guadalupe-Hidalgo Treaty Land Claims Act of 1997"} | 2,355 | 135 | 0.565092 | 1.404091 | 0.538593 | 4.595745 | 22 | 0.93617 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; SEVERABILITY; EFFECTIVE
DATE.
(a) Short Title.--This Act may be cited as the ``Emergency
Immigration Workload Reduction and Homeland Security Enhancement Act of
2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; severability; effective date.
Sec. 2. Findings.
Sec. 3. Temporary suspension of visa waiver program.
Sec. 4. Temporary suspension of adjustment of status.
Sec. 5. Temporary suspension of renewals of temporary protected status.
Sec. 6. Temporary suspension of certain immigrant visa programs.
Sec. 7. Restriction of nonimmigrant visas for nationals of countries
denying or delaying acceptance of aliens.
Sec. 8. Waivers of temporary suspensions.
Sec. 9. Termination of temporary suspensions.
Sec. 10. Suspension of nonimmigrant visas.
Sec. 11. Temporary funding for detention and removal assistance
provided by State and local law enforcement
agencies.
(c) Severability.--If any provision of this Act, or the application
of such a provision to any person or circumstance, is held to be
unconstitutional, the remainder of the Act, and the application of this
Act to any other person or circumstance, shall not be affected by such
holding.
(d) Effective Date.--This Act shall take effect in each local time
zone upon the commencement in such zone of the first Sunday that occurs
two weeks after the date of the enactment of this Act.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The effective establishment and organization of the
Directorate of Border and Transportation Security of the
Department of Homeland Security is imperative if the
Directorate is to carry out the immigration enforcement
responsibilities delegated to it by the Congress in the manner
expected by the American people.
(2) The effective implementation of these duties will not
be achieved without an unacceptable compromise to the security
interests of the United States unless certain immigration
programs are temporarily suspended, and other material
assistance is provided to law enforcement agencies and other
entities that support the immigration enforcement functions of
the Directorate, until such time as the Secretary of Homeland
Security can make the certifications to Congress required in
section 9.
(3) Such certifications, taken together, will establish the
effective operational transfer of immigration enforcement
functions to the new Directorate.
SEC. 3. TEMPORARY SUSPENSION OF VISA WAIVER PROGRAM.
The admission of aliens to the United States under section 217 of
the Immigration and Nationality Act (8 U.S.C. 1187) is suspended.
SEC. 4. TEMPORARY SUSPENSION OF ADJUSTMENT OF STATUS.
(a) In General.--The authority of the Secretary of Homeland
Security to adjust the status of any alien to that of an alien lawfully
admitted for permanent residence under section 240A of the Immigration
and Nationality Act (8 U.S.C. 1229b) or section 245 of such Act (8
U.S.C. 1187), is suspended.
(b) Effect on Applications.--The suspension described in subsection
(a) shall include the suspension of acceptance for filing of
applications for the adjustments of status described in such
subsection.
SEC. 5. TEMPORARY SUSPENSION OF RENEWALS OF TEMPORARY PROTECTED STATUS.
The authority of the Secretary of Homeland Security to extend any
designation made under subparagraph (B) or (C) of section 244(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended.
SEC. 6. TEMPORARY SUSPENSION OF CERTAIN IMMIGRANT VISA PROGRAMS.
(a) Brothers and Sisters of Citizens.--The allocation of family-
sponsored immigrant visas to alien brothers and sisters of citizens
under section 203(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1153(a)(4)), and the admission of such aliens to the United
States as immigrants, is suspended.
(b) Sons and Daughters of Citizens.--The allocation of family-
sponsored immigrant visas to alien sons and daughters of citizens under
paragraph (1) or (3) of section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)), and the admission of such aliens to
the United States as immigrants, is suspended.
(c) Unmarried Sons and Daughters of Permanent Resident Aliens.--
(1) In general.--The allocation of family-sponsored
immigrant visas to aliens who are the unmarried sons and
daughters (but are not the children) of an alien lawfully
admitted for permanent residence under section 203(a)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(B)),
and the admission of such aliens to the United States as
immigrants, is suspended.
(2) Children.--The allocation of family-sponsored immigrant
visas to aliens who are the children of an alien lawfully
admitted for permanent residence under section 203(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1153(a)(2)(A)), and the
admission of such aliens to the United States as immigrants, is
suspended, except that this paragraph shall not apply to dependent
children who are under 18 years of age at the time an immigrant visa
becomes available to the child.
(d) Diversity Immigrants.--The allocation of immigrant visas to
aliens under section 203(c) of the Immigration and Nationality Act (8
U.S.C. 1153(c)), and the admission of such aliens to the United States
as immigrants, is suspended.
(e) Effect on Classification Petitions.--The suspensions of
immigrant visa allocations described in this section shall include the
suspension of acceptance for filing of petitions for classification
under section 204 of the Immigration and Nationality Act (8 U.S.C.
1154) with respect to the affected immigrant visa categories.
SEC. 7. RESTRICTION OF NONIMMIGRANT VISAS FOR NATIONALS OF COUNTRIES
DENYING OR DELAYING ACCEPTANCE OF ALIENS.
(a) Public Listing of Aliens With No Significant Likelihood of
Removal.--
(1) In general.--The Secretary of Homeland Security shall
establish and maintain a public listing of every alien who is
subject to a final order of removal and with respect to whom
the Secretary or any Federal court has determined that there is
no significant likelihood of removal in the reasonably
foreseeable future due to the refusal, or unreasonable delay,
of all countries designated by the alien or under this section
to receive the alien.
(2) Discontinuation of visas.--In the case of any foreign
state for which 24 or more of the citizens, subjects, or
nationals of such state appear on the public listing described
in paragraph (1), such foreign state shall be deemed to have
denied or unreasonably delayed the acceptance of such aliens,
and the Secretary of Homeland Security shall make the
notification to the Secretary of State prescribed in section
243(d) of the Immigration and Nationality Act (8 U.S.C.
1253(d)). Consular officers in such foreign state shall
accordingly discontinue the issuance of nonimmigrant visas to
citizens, subjects, or nationals of the state.
(b) Sunset.--Subsection (a) shall sunset in accordance with section
9.
SEC. 8. WAIVERS OF TEMPORARY SUSPENSIONS.
(a) In General.--The Secretary of Homeland Security may, in the
Secretary's discretion--
(1) waive on an individual case-by-case basis sections 4,
6, and 7; or
(2) waive, with the concurrence for the Secretary of State,
section 3 for designated classes of applicants, if such
applicants are not inadmissible under section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) or
deportable under section 237(a) of such Act (8 U.S.C 1227).
(b) Delegation.--The Secretary of Homeland Security may, in the
discretion of the Secretary, delegate to the Secretary of State, for
designated classes of applicants, the waiver authority of subsection
(a)(1) with respect to sections 6 and 7.
SEC. 9. TERMINATION OF TEMPORARY SUSPENSIONS.
Sections 3 through 8 shall cease to be effective one week after the
certification by the Secretary of Homeland Security to the Congress
that the following conditions are satisfied:
(1) The integrated entry and exit data system required by
the Immigration and Naturalization Service Data Management
Improvement Act of 2000 (Public Law 106-215), including the
requirements added by section 302(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (Public Law 107-
173), is fully operational at all ports of entry.
(2) The system of machine-readable tamper-resistant visas
and other travel and entry documents required by section 302(b)
of the Enhanced Border Security and Visa Entry Reform Act of
2002 (Public Law 107-173), as well as the technology standard
for visa waiver program participants required by section 302(c)
of such Act, are fully operational at all ports of entry and,
where applicable, at consular posts abroad.
(3) The Department of Homeland Security has the operational
capability to take into custody and remove from the United
States any alien described in section 237(a) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)) who has been brought to
the attention of the Service by a State or local law
enforcement agency.
(4) Adequate Federal funds have been appropriated and are
available to reimburse all verified claims described in section
11.
(5) The data system for the registration of aliens under
chapter 7 of title II of the Immigration and Nationality Act (8
U.S.C. 261 et seq.) is fully operational and--
(A) is fully compliant with the data system
integration and interoperability standards enacted in
section 202(a) of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173);
(B) ensures the entry of all registrations made in
accordance with section 221(b) of the Immigration and
Nationality Act (8 U.S.C. 1201(b)) into the
registration system at the time at the time of the
relevant visa application;
(C) ensures that all other registrations made under
procedures required by section 264 of such Act (8
U.S.C. 1304) are entered into the data system within 72
hours of submission by the alien of an approved form of
registration; and
(D) ensures that all notices of change of address
required by section 265 of such Act (8 U.S.C. 1305) are
entered in the data system within 5 working days of
submission by the alien of an approved change of
address form.
(6) A program for the random audit of the backlog of
applications for changes in immigration status by aliens
present in the United States existing on the effective date of this Act
has been fully implemented by the Department of Homeland Security.
(7) The program described in paragraph (6) reliably
indicates that the incidence of fraud or false statements is no
more than 3 percent of all approved applications.
(8) The foreign student monitoring system described in
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act (8 U.S.C. 1372), as amended and expanded by
sections 501 and 502 of the Enhanced Border Security and Visa
Entry Reform Act of 2002 (Public Law 107-173), is fully
operational, and no educational institution certified to
receive nonimmigrant students under subparagraph (F), (M), or
(J) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)) registers or admits aliens present
in the United States in violation of law.
(9) The number of aliens removed from the United States,
during each of 4 months preceding the month in which the
certification under this section is executed, was at least 25
percent higher than in the comparable months of the previous
year.
(10) All reports and plans, and all operational transfers
of functions, required under title IV of the Homeland Security
Act of 2002 (6 U.S.C. 201 et seq.) have been successfully
performed and implemented to the extent required by law as of
the certification date.
(11) The elimination of the backlog of immigration benefit
applications required by section 458 of the Homeland Security
Act of 2002 (Public Law 107-296; 116 Stat. 2201) has been
completed.
(12) The annual report required by section 205(b) of the
American Competitiveness in the Twenty-first Century Act of
2000 (8 U.S.C. 1574(b)), for the fiscal year preceding the date
of the certification, has been submitted to the Congress.
(13) Process changes described in section 205(b)(2)(C)(vi)
of the American Competitiveness in the Twenty-first Century Act
of 2000 (8 U.S.C. 1574(b)(2)(C)(vi)) have been implemented and
are substantially operational.
SEC. 10. SUSPENSION OF NONIMMIGRANT VISAS.
(a) In General.--The authority of the Secretary of State to issue
nonimmigrant visas is suspended. The authority of the Secretary of
Homeland Security to admit nonimmigrant aliens into the United States
is suspended.
(b) Effect on Applications.--The suspensions described in
subsection (a) shall include the suspension of acceptance for filing of
applications for nonimmigrant visas and applications for admission as a
nonimmigrant.
(c) Waivers Authorized.--The Secretary of Homeland Security may, in
the Secretary's discretion, waive the application of subsection (a) in
the case of any alien or class of aliens if the following conditions
are satisfied:
(1) Section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c), and any other provision of law authorizing
the issuance of diversity immigrant visas, is repealed.
(2) Personal interviews are mandatory for admission of
aliens to the United States under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187).
(3) The Secretary, with the Secretary of State, verifies
that each alien admitted on the basis of a nonimmigrant visa
has had a personal interview with a consular officer prior to
the issuance of the visa.
(d) Construction.--During any period in which a waiver granted
under subsection (c) applies to aliens barred from receipt of
nonimmigrant visas under section 7(a)(2), the bar shall supersede the
waiver.
SEC. 11. TEMPORARY FUNDING FOR DETENTION AND REMOVAL ASSISTANCE
PROVIDED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES.
The Secretary of Homeland Security shall reimburse verifiable
claims submitted by a law enforcement agency of a State, or any
political subdivision of a State, that were lawfully incurred for the
emergency medical care, housing, and care in a secure facility, and the
transportation into Federal custody at a location designated by the
Secretary, of any alien detained as inadmissible under section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)) or deportable
under section 237(a) of such Act (8 U.S.C. 1227(a)), if--
(1) transfer to Federal custody has occurred;
(2)(A) a determination is subsequently made under section
240(c)(1) of the Immigration and Nationality Act (8 U.S.C.
1229a(c)(1)) that such alien is removable; or
(B) a determination is made that the alien has permanently
departed the United States;
(3) reimbursement for all costs excepting transportation
costs is made according to a per diem rate established by the
Secretary; and
(4) the first day of such detention is not later than the
date on which the certification described in section 9 is made. | Emergency Immigration Workload Reduction and Homeland Security Enhancement Act of 2003 - Suspends the following immigration-related authorities: (1) the visa waiver program; (2) adjustment to permanent resident status; (3) renewal of temporary protected status; (4) the diversity immigrant visa program; and (5) certain family-related immigrant visa programs. Authorizes specified waiver authority.Directs: (1) the Secretary of Homeland Security to establish a public listing of every alien subject to a final order of deportation for whom the appropriate country of return has refused or unreasonably delayed such action; and (2) that U.S. visa issuance be discontinued in a country which has 24 or more listed individuals.Sets forth conditions for waiver of such suspension and related provisions.Suspends authorities of the Secretary and the Secretary of State's to issue nonimmigrant visas.Directs the Secretary to reimburse State and local law enforcement agencies for certain alien-related detention and removal costs. | {"src": "billsum_train", "title": "To suspend certain nonessential visas, in order to provide temporary workload relief critical to the successful reorganization of the immigration and naturalization functions of the Department of Homeland Security, to ensure that the screening and monitoring of arriving immigrants and nonimmigrants, and the deterrence of entry and settlement by illegal or unauthorized aliens, is sufficient to maintain the integrity of the sovereign borders of the United States, and for other purposes."} | 3,596 | 207 | 0.552514 | 1.63343 | 0.758398 | 2.708791 | 16.945055 | 0.851648 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community College Technology Access
Act''.
SEC. 2. GRANT PROGRAM.
(a) Definitions.--In this Act:
(1) Community college.--The term ``community college''
means an educational institution in any State that--
(A) admits as regular students only persons
having--
(i) a certificate of graduation from a
school providing secondary education or the
recognized equivalent of such a certificate; or
(ii) completed a secondary school education
in a home school setting that is treated as a
home school or private school under State law;
(B) is legally authorized within such State to
provide a program of education beyond secondary
education;
(C) provides not less than a 2-year program that is
acceptable for full credit toward an associate's
degree;
(D) is a public or other nonprofit institution; and
(E) is accredited by a nationally recognized
accrediting agency or association, or if not so
accredited, is an institution that has been granted
preaccreditation status by such an agency or
association that has been recognized by the Secretary
for the granting of preaccreditation status, and the
Secretary has determined that there is satisfactory
assurance that the institution will meet the
accreditation standards of such an agency or
association within a reasonable time.
(2) Computer lab.--The term ``computer lab'' means a
dedicated community college facility that provides onsite
computer software, hardware, and technical support for
students, faculty, and staff.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(4) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(b) Authorization of Grant Program.--
(1) In general.--From amounts appropriated under section 4,
the Secretary shall award grants, on a competitive basis, to
community colleges eligible under subsection (d) to enable the
community colleges--
(A) to improve the accessibility of computer labs;
and
(B) to provide information technology training for
students and members of the public seeking to improve
their computer literacy and information technology
skills.
(2) Use of funds.--
(A) Mandatory.--A community college receiving a
grant award under this Act shall use the grant funds
for the maintenance, administration, and improvement of
computer labs, which shall include--
(i) staffing facilities;
(ii) purchasing computer equipment,
including hardware and software;
(iii) maintaining, repairing, and replacing
technology equipment;
(iv) maintaining and securing facilities;
or
(v) providing utilities for the facilities
and computer equipment.
(B) Additional uses with authorization.--A
community college receiving a grant award under this
Act may use the grant funds to expand or build a
computer lab by submitting an application for such use
to the Secretary and receiving authorization for such
use from the Secretary.
(c) Application.--
(1) In general.--A community college seeking a grant award
under this Act shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require.
(2) Proposed use.--A community college shall include in the
application the community college's proposed use of the grant
funds.
(d) Eligibility.--A community college is eligible for a grant award
under this Act if the community college's application under subsection
(c) demonstrates that the community college will--
(1) keep a computer lab open not less than 10 hours on
weekends to members of the public;
(2) keep a computer lab open not less than 20 hours on
weekday evenings to members of the public, except that if the
computer lab is open more than 10 hours on weekends as required
under paragraph (1), then each additional hour above 10 hours
on weekends shall reduce by 1 hour the 20 hours required under
this paragraph;
(3) provide computer lab instruction (by an employee of the
community college who is capable of providing basic computer
instruction) to members of the public for hours that the
computer lab is open under paragraphs (1) and (2); and
(4) offer computer-related training at no charge to members
of the public for hours that the computer lab is open under
paragraphs (1) and (2).
(e) Grant Amounts.--The Secretary shall determine the amount of a
grant award under this Act based on the applications received under
subsections (b)(2)(B) and (c).
SEC. 3. REPORTS.
(a) Annual Report by a Community College.--For each fiscal year
that a community college receives a grant award under this Act, the
community college shall submit to the Secretary, by a date determined
by the Secretary, a report that contains a review and evaluation of the
computer lab, including the computer lab's costs, hours of operation,
and amount of users.
(b) Report by Secretary.--The Secretary shall submit annually to
Congress a report on the grant program assisted under this Act,
including the number of grant awards made and the approximate number of
persons served by each computer lab receiving funds under this Act.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$125,000,000 for each of the fiscal years 2010 to 2014. | Community College Technology Access Act - Directs the Secretary of Education to award grants to community colleges for the maintenance, administration, and improvement of computer labs to enhance student and public access to information technology training.
Allows grantees to use grant funds to expand or build a computer lab facility if they ask and receive the Secretary's authorization to do so.
Requires grantees to keep their computer labs open to the public for specified minimum periods and to offer the public free computer-related training while open. | {"src": "billsum_train", "title": "A bill to provide grants to community colleges to improve the accessibility of computer labs and to provide information technology training for students and members of the public seeking to improve their computer literacy and information technology skills."} | 1,167 | 112 | 0.557295 | 1.285486 | 1.247289 | 2.604167 | 11.645833 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leave Ethanol Volumes at Existing
Levels Act'' or the ``LEVEL Act''.
SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM.
(a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C.
7545(o)(1)) is amended to read as follows:
``(1) Definitions.--In this section:
``(A) Cellulosic biomass ethanol.--The term
`cellulosic biomass ethanol' means ethanol derived from
any lignocellulosic or hemicellulosic matter that is
available on a renewable or recurring basis,
including--
``(i) dedicated energy crops and trees;
``(ii) wood and wood residues;
``(iii) plants;
``(iv) grasses;
``(v) agricultural residues;
``(vi) fibers;
``(vii) animal wastes and other waste
materials; and
``(viii) municipal solid waste.
The term also includes any ethanol produced in
facilities where animal wastes or other waste materials
are digested or otherwise used to displace 90 percent
or more of the fossil fuel normally used in the
production of ethanol.
``(B) Waste derived ethanol.--The term `waste
derived ethanol' means ethanol derived from--
``(i) animal wastes, including poultry fats
and poultry wastes, and other waste materials;
or
``(ii) municipal solid waste.
``(C) Renewable fuel.--
``(i) In general.--The term `renewable
fuel' means motor vehicle fuel that--
``(I)(aa) is produced from grain,
starch, oilseeds, vegetable, animal, or
fish materials including fats, greases,
and oils, sugarcane, sugar beets, sugar
components, tobacco, potatoes, or other
biomass; or
``(bb) is natural gas produced from
a biogas source, including a landfill,
sewage waste treatment plant, feedlot,
or other place where decaying organic
material is found; and
``(II) is used to replace or reduce
the quantity of fossil fuel present in
a fuel mixture used to operate a motor
vehicle.
``(ii) Inclusion.--The term renewable fuel
includes--
``(I) cellulosic biomass ethanol
and waste derived ethanol; and
``(II) biodiesel (as defined in
section 312(f) of the Energy Policy Act
of 1992 (42 U.S.C. 13220(f))) and any
blending components derived from
renewable fuel (provided that only the
renewable fuel portion of any such
blending component shall be considered
part of the applicable volume under the
renewable fuel program established by
this subsection).
``(D) Small refinery.--The term `small refinery'
means a refinery for which the average aggregate daily
crude oil throughput for a calendar year (as determined
by dividing the aggregate throughput for the calendar
year by the number of days in the calendar year) does
not exceed 75,000 barrels.''.
(b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows:
(1) Regulations.--Clause (i) of subparagraph (A) is amended
by striking the last sentence.
(2) Applicable volumes of renewable fuel.--Subparagraph (B)
is amended to read as follows:
``(B) Applicable volume.--For the purpose of
subparagraph (A), the applicable volume of renewable
fuel for each calendar year shall be 7,500,000,000
gallons.''.
(c) Applicable Percentages.--Paragraph (3) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows:
(1) In subparagraph (A), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(2) In subparagraph (A), by striking ``transportation fuel,
biomass-based diesel, and cellulosic biofuel'' and inserting
``gasoline''.
(3) In subparagraph (B)(i), by striking ``each of calendar
years 2005 through 2021'' and inserting ``each calendar year''.
(4) In subparagraph (B), by striking ``transportation
fuel'' and inserting ``gasoline'' in clause (ii)(II).
(d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph
(4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is
amended to read as follows:
``(4) Cellulosic biomass ethanol or waste derived
ethanol.--For the purpose of paragraph (2), 1 gallon of
cellulosic biomass ethanol or waste derived ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.''.
(e) Credit Program.--Paragraph (5) of section 211(o) of the Clean
Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E).
(f) Waivers.--
(1) In general.--Paragraph (7) of section 211(o) of the
Clean Air Act (42 U.S.C. 7545(o)(7)) is amended--
(A) in subparagraph (A), by striking ``, by any
person subject to the requirements of this subsection,
or by the Administrator on his own motion''; and
(B) by inserting ``State'' before ``petition for a
waiver'' in subparagraph (B).
(2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of
the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking
subparagraph (D).
(3) Biomass-based diesel.--Paragraph (7) of section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by
striking subparagraphs (E) and (F).
(g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42
U.S.C. 7545(o)) is amended by striking paragraph (11).
(h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C.
7545(o)) is amended by striking paragraph (12).
(i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by striking paragraph (2) of subsection (v).
(j) Other Provisions.--
(1) Environmental and resource conservation impacts.--
Section 204(b) of the Energy Independence and Security Act of
2007 (Public Law 110-140) is repealed.
(2) Effective date, savings provision, and transition
rules.--Section 210 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) is repealed.
(k) Effective Date.--The amendments made by this section shall take
effect on January 1 of the first calendar year following the date of
enactment of this Act.
(l) Estimates for First Calendar Year.--Prior to January 1 of the
first calendar year following the date of enactment of this Act--
(1) the Administrator of the Energy Information
Administration shall provide to the Administrator of the
Environmental Protection Agency an estimate, under section
211(o)(3) of the Clean Air Act, as amended by this Act, with
respect to such calendar year, of the volumes of gasoline
projected to be sold or introduced into commerce in the United
States; and
(2) based on the estimate provided under paragraph (1), the
Administrator of the Environmental Protection Agency shall
determine and publish in the Federal Register, with respect to
such calendar year, the renewable fuel obligation for such
calendar year under section 211(o)(3) of the Clean Air Act, as
amended by this Act.
SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS.
(a) Prohibition.--Notwithstanding any provision of the Clean Air
Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental
Protection Agency may not permit or authorize (including by granting a
wavier through the fuels and fuel additives waiver process under
section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction
into commerce of gasoline that--
(1) contains greater than 10-volume-percent ethanol;
(2) is intended for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(3) is not, on or before the date of enactment of this
Act--
(A) registered in accordance with section 211(b) of
such Act (42 U.S.C. 7545(b)); and
(B) lawfully sold in the United States.
(b) Repeal of Existing Waivers.--
(1) In general.--Any waiver described in paragraph (2) is
repealed and shall have no force or effect.
(2) Waiver.--A waiver described in this paragraph--
(A) is a waiver granted pursuant to section
211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4))
prior to the date of enactment of this Act that permits
or authorizes the introduction into commerce of
gasoline that contains greater than 10-volume-percent
ethanol for general use in conventional gasoline-
powered onroad or nonroad vehicles or engines; and
(B) includes the following:
(i) ``Partial Grant and Partial Denial of
Clean Air Act Waiver Application Submitted by
Growth Energy To Increase the Allowable Ethanol
Content of Gasoline to 15 Percent; Decision of
the Administrator'' published at 75 Fed. Reg.
68094 (November 4, 2010).
(ii) ``Partial Grant of Clean Air Act
Waiver Application Submitted by Growth Energy
To Increase the Allowable Ethanol Content of
Gasoline to 15 Percent; Decision of the
Administrator'' published at 76 Fed. Reg. 4662
(January 26, 2011).
(3) Exception.--Paragraph (1) shall not apply with respect
to a waiver to the extent such waiver permits or authorizes the
introduction into commerce of gasoline--
(A) that is described in paragraph (2)(A); and
(B) that is, on or before the date of enactment of
this Act--
(i) registered in accordance with section
211(b) of the Clean Air Act (42 U.S.C.
7545(b)); and
(ii) lawfully sold in the United States.
(c) Study.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Environmental Protection Agency
shall conduct, and submit to Congress the results of, a comprehensive
study on--
(1) the effects of the introduction into commerce of an
ethanol-gasoline blend described in subsection (b)(2)(A) on
consumer products, including--
(A) onroad and nonroad vehicles;
(B) nonroad engines (such as lawn mowers); and
(C) any other applicable gasoline-powered vehicles,
engines, and devices;
(2) the impact of an ethanol-gasoline blend described in
subsection (b)(2)(A) on--
(A) engine performance of conventional gasoline-
powered onroad and nonroad vehicles and nonroad
engines;
(B) emissions from the use of the blend; and
(C) materials compatibility and consumer safety
issues associated with the use of such blend (including
the identification of insufficient data or information
for some or all of such vehicles and engines with
respect to each of the issues described in this
subparagraph and subparagraphs (A) and (B)); and
(3) the ability of wholesale and retail gasoline
distribution infrastructure, including bulk storage, retail
storage configurations, and retail equipment (including
certification of equipment compatibility by independent
organizations), to introduce such an ethanol-gasoline blend
into commerce without widespread intentional or unintentional
misfueling by consumers. | Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act - Amends the Clean Air Act to revise the renewable fuel program, including by: (1) redefining "renewable fuel"; (2) revoking the requirement that the Administrator ensure that renewable fuel achieves a 20% reduction in lifecycle greenhouse gas emissions compared to baseline lifecycle greenhouse gas emissions; (3) reducing the volume of renewable fuel that is required to be in gasoline sold or introduced into commerce in the United States to 7.5 billion gallons for each year; (4) requiring the Administrator of the Energy Information Administration to provide to the Administrator of the Environmental Protection Agency (EPA) an estimate of the volumes of gasoline (currently of transportation fuel, biomass-based diesel, and cellulosic biofuel) projected to be sold or introduced into commerce in the following year; (5) making one gallon of cellulosic biomass ethanol or waste derived ethanol equivalent to 2.5 gallons of renewable fuel; (6) repealing provisions concerning cellulosic biofuel and biomass-based diesel; and (7) repealing a requirement that the Administrator of EPA promulgate fuel regulations to implement measures to mitigate adverse impacts on air quality as the result of renewable fuel requirements. Amends the Energy Independence and Security Act of 2007 to repeal provisions requiring EPA to report to Congress on current and future impacts of the renewable fuel requirements on environmental issues, resource conservation issues, and the growth and use of cultivated invasive or noxious plants and their impacts on the environment and agriculture. Prohibits the Administrator from permitting or authorizing (including by granting a waiver through the fuels and fuel additives waiver process) the introduction into commerce of gasoline that: (1) contains greater than 10% ethanol by volume, (2) is intended for general use in conventional gasoline-powered vehicles or engines, and (3) is not a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Repeals waivers that permit the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline-powered vehicles or engines, including: (1) the "Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator"; and (2) the "Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator." Excepts waivers for such gasoline that is a registered fuel or fuel additive that is lawfully sold in the United States before enactment of this Act. Requires the Administrator to study: (1) the effects of the introduction into commerce of an ethanol-gasoline blend on consumer products; (2) the impact of such blend on engine performance of conventional gasoline-powered vehicles and nonroad engines, emissions from the use of the blend, and materials compatibility and consumer safety issues associated with the use of such blend; and (3) the ability of wholesale and retail gasoline distribution infrastructure to introduce such blend into commerce without widespread misfueling by consumers. | {"src": "billsum_train", "title": "LEVEL Act"} | 2,851 | 709 | 0.528364 | 1.425637 | 0.467709 | 3.996656 | 3.926421 | 0.87291 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Civic Participation Act of 2000''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship and regaining the right to vote reintegrates
offenders into free society. The right to vote may not be
abridged or denied by the United States or by any State on
account of race, color, gender, or previous condition of
servitude. Basic constitutional principles of fairness and
equal protection require an equal opportunity for United States
citizens to vote in Federal elections.
(2) Congress has ultimate supervisory power over Federal
elections, an authority that has repeatedly been upheld by the
Supreme Court.
(3) Although State laws determine the qualifications for
voting in Federal elections, Congress must ensure that those
laws are in accordance with the Constitution. Currently, those
laws vary throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(4) An estimated 3,900,000 individuals in the United
States, or 1 in 50 adults, currently cannot vote as a result of
a felony conviction. Women represent about 500,000 of those
3,900,000.
(5) State disenfranchisement laws disproportionately impact
ethnic minorities.
(6) Fourteen States disenfranchise ex-offenders who have
fully served their sentences, regardless of the nature or
seriousness of the offense.
(7) In those States that disenfranchise ex-offenders who
have fully served their sentences, the right to vote can be
regained in theory, but in practice this possibility is often
illusory.
(8) In 8 States, a pardon or order from the Governor is
required for an ex-offender to regain the right to vote. In 2
States, ex-offenders must obtain action by the parole or pardon
board to regain that right.
(9) Offenders convicted of a Federal offense often have
additional barriers to regaining voting rights. In at least 16
States, Federal ex-offenders cannot use the State procedure for
restoring their voting rights. The only method provided by
Federal law for restoring voting rights to ex-offenders is a
Presidential pardon.
(10) Few persons who seek to have their right to vote
restored have the financial and political resources needed to
succeed.
(11) Thirteen percent of the African-American adult male
population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration, 3 in 10
African-American men in the next generation will be
disenfranchised at some point during their lifetimes. Hispanic
citizens are also disproportionately disenfranchised, since
those citizens are disproportionately represented in the
criminal justice system.
(12) The discrepancies described in this subsection should
be addressed by Congress, in the name of fundamental fairness
and equal protection.
(b) Purpose.--The purpose of this Act is to restore fairness in the
Federal election process by ensuring that ex-offenders who have fully
served their sentences are not denied the right to vote.
SEC. 3. DEFINITIONS.
In this Act:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
(4) Parole.--The term ``parole'' means parole (including
mandatory parole), or conditional or supervised release
(including mandatory supervised release), imposed by a Federal,
State, or local court.
(5) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 4. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense
unless, at the time of the election, such individual--
(1) is serving a felony sentence in a correctional
institution or facility; or
(2) is on parole or probation for a felony offense.
SEC. 5. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in a court of competent jurisdiction to obtain such declaratory
or injunctive relief as is necessary to remedy a violation of this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) Action.--Except as provided in paragraph (3), if the
violation is not corrected within 90 days after receipt of a
notice provided under paragraph (1), or within 20 days after
receipt of the notice if the violation occurred within 120 days
before the date of an election for Federal office, the
aggrieved person may bring a civil action in such a court to
obtain the declaratory or injunctive relief with respect to the
violation.
(3) Action for violation shortly before a federal
election.--If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
shall not be required to provide notice to the chief election
official of the State under paragraph (1) before bringing a
civil action in such a court to obtain the declaratory or
injunctive relief with respect to the violation.
SEC. 6. RELATION TO OTHER LAWS.
(a) No Prohibition on Less Restrictive Laws.--Nothing in this Act
shall be construed to prohibit a State from enacting any State law that
affords the right to vote in any election for Federal office on terms
less restrictive than those terms established by this Act.
(b) No Limitation on Other Laws.--The rights and remedies
established by this Act shall be in addition to all other rights and
remedies provided by law, and shall not supersede, restrict, or limit
the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.) or the National Voter Registration Act of 1993 (42 U.S.C. 1973gg
et seq.). | Specifies that: (1) nothing in this Act shall be construed to prohibit a State from enacting any State law that affords the right to vote in any election for Federal office on terms less restrictive than those terms established by this Act; and (2) the rights and remedies established by this Act shall be in addition to all other rights and remedies provided by law, and shall not supersede, restrict, or limit the application of the Voters Rights Act of 1965 or the National Voter Registration Act of 1993. | {"src": "billsum_train", "title": "Civic Participation Act of 2000"} | 1,646 | 110 | 0.395371 | 1.096684 | 0.304476 | 9.313131 | 14.979798 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prostate Research, Outreach,
Screening, Testing, Access, and Treatment Effectiveness Act of 2010''
or the ``PROSTATE Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Prostate cancer is the second leading cause of cancer
death among men.
(2) In 2009, more than 190,000 new patients were diagnosed
with prostate cancer and more than 27,000 men died from this
disease.
(3) Roughly 2,000,000 Americans are living with a diagnosis
of prostate cancer and its consequences.
(4) While prostate cancer generally affects older
individuals, younger men are also at risk for the disease, and
when prostate cancer appears in early middle age it frequently
takes on a more aggressive form.
(5) There are significant racial and ethnic disparities
that demand attention, namely African-Americans have prostate
cancer mortality rates that are more than double those in the
White population.
(6) Underserved rural populations have higher rates of
mortality compared to their urban counterparts, and innovative
and cost-efficient methods to improve rural access to high
quality care should take advantage of advances in telehealth to
diagnose and treat prostate cancer when appropriate.
(7) Urologists may constitute the specialists who diagnose
and treat the vast majority of prostate cancer patients.
(8) Although much basic and translational research has been
completed and much is currently known, there are still many
unanswered questions. For example, it is not fully understood
how much of known disparities are attributable to disease
etiology, access to care, or education and awareness in the
community.
(9) Causes of prostate cancer are not known. There is not
good information regarding how to differentiate accurately,
early on, between aggressive and indolent forms of the disease.
As a result, there is significant overtreatment in prostate
cancer. There are no treatments that can durably arrest growth
or cure prostate cancer once it has metastasized.
(10) A significant proportion (roughly 23 to 54 percent) of
cases may be clinically indolent and ``overdiagnosed'',
resulting in significant overtreatment. More accurate tests
will allow men and their families to face less physical,
psychological, financial, and emotional trauma and billions of
dollars could be saved in private and public health care
systems in an area that has been identified by the Medicare
program as one of eight high volume, high cost areas in the
Resource Utilization Report program authorized by Congress
under the Medicare Improvements for Patients and Providers Act
of 2008.
(11) Prostate cancer research and health care programs
across Federal agencies should be coordinated to improve
accountability and actively encourage the translation of
research into practice, to identify and implement best
practices, in order to foster an integrated and consistent
focus on effective prevention, diagnosis, and treatment of this
disease.
SEC. 3. PROSTATE CANCER COORDINATION AND EDUCATION.
(a) Interagency Prostate Cancer Coordination and Education Task
Force.--Not later than 180 days after the date of the enactment of this
section, the Secretary of Veterans Affairs, in cooperation with the
Secretary of Defense and the Secretary of Health and Human Services,
shall establish an Interagency Prostate Cancer Coordination and
Education Task Force (in this section referred to as the ``Prostate
Cancer Task Force'').
(b) Duties.--The Prostate Cancer Task Force shall--
(1) develop a summary of advances in prostate cancer
research supported or conducted by Federal agencies relevant to
the diagnosis, prevention, and treatment of prostate cancer and
compile a list of best practices that warrant broader adoption
in health care programs;
(2) consider establishing, and advocating for, a guidance
to enable physicians to allow screening of men who are over age
74, on a case-by-case basis, taking into account quality of
life and family history of prostate cancer;
(3) share and coordinate information on Federal research
and health care program activities, including activities
related to--
(A) determining how to improve research and health
care programs;
(B) identifying any gaps in the overall research
inventory and in health care programs;
(C) identifying opportunities to promote
translation of research into practice; and
(D) maximizing the effects of Federal efforts by
identifying opportunities for collaboration and
leveraging of resources in research and health care
programs that serve those susceptible to or diagnosed
with prostate cancer;
(4) develop a comprehensive interagency strategy and advise
relevant Federal agencies in the solicitation of proposals for
collaborative, multidisciplinary research and health care
programs, including proposals to evaluate factors that may be
related to the etiology of prostate cancer, that would--
(A) result in innovative approaches to study
emerging scientific opportunities or eliminate
knowledge gaps in research;
(B) outline key research questions, methodologies,
and knowledge gaps;
(C) ensure consistent action, as outlined by
section 402(b) of the Public Health Service Act;
(5) develop a coordinated message related to screening and
treatment for prostate cancer to be reflected in educational
and beneficiary materials for Federal health programs as such
documents are updated; and
(6) not later than two years after the date of the
establishment of the Prostate Cancer Task Force, submit to the
Secretary of Veterans Affairs recommendations--
(A) regarding any appropriate changes to research
and health care programs, including recommendations to
improve the research portfolio of the Department of
Veterans Affairs, Department of Defense, National
Institutes of Health, and other Federal agencies to
ensure that scientifically based strategic planning is
implemented in support of research and health care
program priorities;
(B) designed to ensure that the research and health
care programs and activities of the Department of
Veterans Affairs, the Department of Defense, the
Department of Health and Human Services, and other
Federal agencies are free of unnecessary duplication;
(C) regarding public participation in decisions
relating to prostate cancer research and health care
programs to increase the involvement of patient
advocates, community organizations, and medical
associations representing a broad geographical area;
(D) on how to best disseminate information on
prostate cancer research and progress achieved by
health care programs;
(E) about how to expand partnerships between public
entities, including Federal agencies, and private
entities to encourage collaborative, cross-cutting
research and health care delivery;
(F) assessing any cost savings and efficiencies
realized through the efforts identified and supported
in this Act and recommending expansion of those efforts
that have proved most promising while also ensuring
against any conflicts in directives from other
congressional or statutory mandates or enabling
statutes;
(G) identifying key priority action items from
among the recommendations; and
(H) with respect to the level of funding needed by
each agency to implement the recommendations contained
in the report.
(c) Members of the Prostate Cancer Task Force.--The Prostate Cancer
Task Force described in subsection (a) shall be composed of
representatives from such Federal agencies, as each Secretary
determines necessary, to coordinate a uniform message relating to
prostate cancer screening and treatment where appropriate, including
representatives of the following:
(1) The Department of Veterans Affairs, including
representatives of each relevant program areas of the
Department of Veterans Affairs.
(2) The Prostate Cancer Research Program of the
Congressionally Directed Medical Research Program of the
Department of Defense.
(3) The Department of Health and Human Services.
(d) Appointing Expert Advisory Panels.--The Prostate Cancer Task
Force shall appoint expert advisory panels, as determined appropriate,
to provide input and concurrence from individuals and organizations
from the medical, research, and delivery communities with expertise in
prostate cancer diagnosis, treatment, and research, including
practicing urologists, primary care providers, and others and
individuals with expertise in education and outreach to underserved
populations affected by prostate cancer.
(e) Meetings.--The Prostate Cancer Task Force shall convene not
less than twice a year, or more frequently as the Secretary determines
to be appropriate.
(f) Submittal of Recommendations to Congress.--The Secretary of
Veterans Affairs shall submit to Congress any recommendations submitted
to the Secretary under subsection (b)(5).
(g) Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the Prostate Cancer Task Force.
(2) Exception.--Section 14(a)(2)(B) of such Act (relating
to the termination of advisory committees) shall not apply to
the Prostate Cancer Task Force.
SEC. 4. PROSTATE CANCER RESEARCH.
(a) Research Coordination.--The Secretary of Veterans Affairs, in
coordination with the Secretaries of Defense and of Health and Human
Services, shall establish and carry out a program to coordinate and
intensify prostate cancer research as needed. Specifically, such
research program shall--
(1) develop advances in diagnostic and prognostic methods
and tests, including biomarkers and an improved prostate cancer
screening blood test, including improvements or alternatives to
the prostate specific antigen test and additional tests to
distinguish indolent from aggressive disease;
(2) better understand the etiology of the disease
(including an analysis of life style factors proven to be
involved in higher rates of prostate cancer, such as obesity
and diet, and in different ethnic, racial, and socioeconomic
groups, such as the African-American, Latin-American, and
American Indian populations and men with a family history of
prostate cancer) to improve prevention efforts;
(3) expand basic research into prostate cancer, including
studies of fundamental molecular and cellular mechanisms;
(4) identify and provide clinical testing of novel agents
for the prevention and treatment of prostate cancer;
(5) establish clinical registries for prostate cancer; and
(6) use the National Institute of Biomedical Imaging and
Bioengineering and the National Cancer Institute for assessment
of appropriate imaging modalities.
(b) Prostate Cancer Advisory Board.--There is established in the
Office of the Chief Scientist of the Food and Drug Administration a
Prostate Cancer Scientific Advisory Board. Such board shall be
responsible for accelerating real-time sharing of the latest research
data and accelerating movement of new medicines to patients.
(c) Underserved Minority Grant Program.--In carrying out such
program, the Secretary shall--
(1) award grants to eligible entities to carry out
components of the research outlined in subsection (a);
(2) integrate and build upon existing knowledge gained from
comparative effectiveness research; and
(3) recognize and address--
(A) the racial and ethnic disparities in the
incidence and mortality rates of prostate cancer and
men with a family history of prostate cancer;
(B) any barriers in access to care and
participation in clinical trials that are specific to
racial, ethnic, and other underserved minorities and
men with a family history of prostate cancer;
(C) needed outreach and educational efforts to
raise awareness in these communities; and
(D) appropriate access and utilization of imaging
modalities.
SEC. 5. TELEHEALTH AND RURAL ACCESS PILOT PROJECT.
(a) In General.--The Secretary of Veterans Affairs shall establish
four-year telehealth pilot projects for the purpose of analyzing the
clinical outcomes and cost effectiveness associated with telehealth
services in a variety of geographic areas that contain high proportions
of medically underserved populations, including African-Americans,
Latin-Americans, American Indians, and those in rural areas. Such
projects shall promote efficient use of specialist care through better
coordination of primary care and physician extender teams in
underserved areas and more effectively employ tumor boards to better
counsel patients.
(b) Eligible Entities.--
(1) In general.--The Secretary shall select eligible
entities to participate in the pilot projects under this
section.
(2) Priority.--In selecting eligible entities to
participate in the pilot projects under this section, the
Secretary shall give priority to such entities located in
medically underserved areas, particularly those that include
African-Americans, Latin-Americans, and facilities of the
Indian Health Service, and those in rural areas.
(c) Evaluation.--The Secretary shall, through the pilot projects,
evaluate--
(1) the effective and economic delivery of care in
diagnosing and treating prostate cancer with the use of
telehealth services in medically underserved and tribal areas
including collaborative uses of health professionals and
integration of the range of telehealth and other technologies;
(2) the effectiveness of improving the capacity of
nonmedical providers and nonspecialized medical providers to
provide health services for prostate cancer in medically
underserved and tribal areas, including the exploration of
innovative medical home models with collaboration between
urologists, other relevant medical specialists, including
oncologists, radiologists, and primary care teams and
coordination of care through the efficient use of primary care
teams and physician extenders; and
(3) the effectiveness of using telehealth services to
provide prostate cancer treatment in medically underserved
areas, including the use of tumor boards to facilitate better
patient counseling.
(d) Report.--Not later than 12 months after the completion of the
pilot projects under this subsection, the Secretary shall submit to
Congress a report describing the outcomes of such pilot projects,
including any cost savings and efficiencies realized, and providing
recommendations, if any, for expanding the use of telehealth services.
SEC. 6. EDUCATION AND AWARENESS.
(a) In General.--The Secretary of Veterans Affairs shall develop a
national education campaign for prostate cancer. Such campaign shall
involve the use of written educational materials and public service
announcements consistent with the findings of the Prostate Cancer Task
Force under section 3, that are intended to encourage men to seek
prostate cancer screening when appropriate.
(b) Racial Disparities and the Population of Men With a Family
History of Prostate Cancer.--In developing the national campaign under
subsection (a), the Secretary shall ensure that such educational
materials and public service announcements are more readily available
in communities experiencing racial disparities in the incidence and
mortality rates of prostate cancer and by men of any race
classification with a family history of prostate cancer.
(c) Grants.--In carrying out the national campaign under this
section, the Secretary shall award grants to nonprofit private entities
to enable such entities to test alternative outreach and education
strategies.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act such
sums as may be necessary for each of fiscal years 2011 through 2015. | Prostate Research, Outreach, Screening, Testing, Access, and Treatment Effectiveness Act of 2010 or the PROSTATE Act - Requires the Secretary of Veterans Affairs (VA) to establish the Interagency Prostate Cancer Coordination and Education Task Force, which shall: (1) develop a summary of advances in federal prostate cancer research and compile a list of best practices for treatment of prostate cancer that warrant broader adoption in health care programs; (2) consider establishing guidance to enable physicians to allow screening of men over age 74; (3) coordinate information on federal research and health care program activities relating to prostate cancer; (4) develop a comprehensive interagency strategy on, and advise agencies in, the solicitation of proposals for collaborative, multidisciplinary research and health care programs relating to prostate cancer; (5) develop a coordinated message related to screening and treatment for prostate cancer to be reflected in educational and beneficiary materials for federal health programs; and (6) submit recommendations regarding federal research and health care programs.
Directs the Secretary to establish and carry out a program to coordinate and intensify prostate cancer research, including by establishing clinical registries for prostate cancer and awarding research grants.
Establishes in the Office of the Chief Scientist of the Food and Drug Administration (FDA) a Prostate Cancer Scientific Advisory Board to be responsible for accelerating real-time sharing of the latest research data and accelerating movement of new medicines to patients.
Directs the Secretary to: (1) establish four-year telehealth pilot projects for the purpose of analyzing the clinical outcomes and cost effectiveness associated with telehealth services in a variety of geographic areas that contain high proportions of medically underserved populations and those in rural areas; and (2) develop a national education campaign for prostate cancer. | {"src": "billsum_train", "title": "To reduce disparities and improve access to effective and cost efficient diagnosis and treatment of prostate cancer through advances in testing, research, and education, including through telehealth, comparative effectiveness research, and identification of best practices in patient education and outreach particularly with respect to underserved racial, ethnic and rural populations and men with a family history of prostate cancer, to establish a directive on what constitutes clinically appropriate prostate cancer imaging, and to create a prostate cancer scientific advisory board for the Office of the Chief Scientist at the Food and Drug Administration to accelerate real-time sharing of the latest research and accelerate movement of new medicines to patients."} | 3,072 | 375 | 0.520871 | 1.67873 | 0.848242 | 6.155689 | 8.823353 | 0.976048 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Employment
Improvement Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Despite an improving economy, a recent study indicates
that among veterans with service-connected disabilities who
served in the Armed Forces after September 11, 2001
(hereinafter referred to as ``wounded warriors'') the
unemployment rate is nearly 17.8 percent.
(2) Wounded warriors should receive the tools, skills,
education, resources, and support needed to find work and
thrive economically.
(3) Designed to provide the expert counseling and other
services and supports vital to achieving economic empowerment,
the vocational rehabilitation and employment program of the
Department of Veterans Affairs should be the premier program
assisting wounded warriors to realize their economic goals.
(4) Only 20 percent of wounded warriors pursuing an
education in 2013 chose to pursue vocational rehabilitation,
while 54 percent chose to use their entitlement to educational
assistance under the Post-9/11 Educational Assistance Program
of the Department of Veterans Affairs, thereby foregoing
counseling and other supports.
(5) Wounded warriors who elect to pursue an education
through the Post-9/11 Educational Assistance Program rather
than vocational rehabilitation and education report choosing
the such program because of its relatively easier, more
expeditious application process, and the far greater freedom it
affords the veteran to pursue his or her career or educational
goals.
(6) The Department of Veterans Affairs continues to face
challenges with the program's workload management, particularly
with staff and resource allocation models, decentralized
program administration, and staff training, resulting in some
regional offices struggling with average caseloads as high as
175 per counselor, all of which are affecting the delivery and
quality of services to veterans, according to the Government
Accountability Office.
SEC. 3. VOCATIONAL REHABILITATION AND EDUCATION ACTION PLAN.
Not later than 270 days after the date of the enactment of this
Act, the Secretary of Veterans Affairs shall develop and publish an
action plan for improving the services and assistance provided under
chapter 31 of title 38, United States Code. Such plan shall include
each of the following:
(1) A comprehensive analysis of, and recommendations and a
proposed implementation plan for remedying workload management
challenges at regional offices of the Department of Veterans
Affairs, including steps to reduce counselor caseloads of
veterans participating in a rehabilitation program under such
chapter, particularly for counselors who are assisting veterans
with traumatic brain injury and post-traumatic stress disorder
and counselors with educational and vocational counseling
workloads.
(2) A comprehensive analysis of the reasons for the
disproportionately low percentage of veterans with service-
connected disabilities who served in the Armed Forces after
September 11, 2001, who opt to participate in a rehabilitation
program under such chapter relative to the percentage of such
veterans who use their entitlement to educational assistance
under chapter 33 of title 38, United States Code, including an
analysis of barriers to timely enrollment in rehabilitation
programs under chapter 31 of such title and of any barriers to
a veteran enrolling in the program of that veteran's choice.
(3) Recommendations and a proposed implementation plan for
encouraging more veterans with service-connected disabilities
who served in the Armed Forces after September 11, 2001, to
participate in rehabilitation programs under chapter 31 of such
title.
(4) A national staff training program for vocational
rehabilitation counselors of the Department that includes the
provision of--
(A) training to assist counselors in understanding
the very profound disorientation experienced by
warriors whose lives and life-plans have been upended
and out of their control because of their injury;
(B) training to assist counselors in working in
partnership with veterans on individual rehabilitation
plans; and
(C) training on post-traumatic stress disorder and
other mental health conditions and on moderate to
severe traumatic brain injury that is designed to
improve the ability of such counselors to assist
veterans with these conditions, including by providing
information on the broad spectrum of such conditions
and the effect of such conditions on an individual's
abilities and functional limitations. | Wounded Warrior Employment Improvement Act Directs the Department of Veterans Affairs (VA) to develop and publish an action plan for improving the training and rehabilitation services and assistance provided by the VA for veterans with service-connected disabilities. Requires such plan to include: a comprehensive analysis of, and recommendations and a proposed implementation plan for remedying, workload management challenges at VA regional offices, including steps to reduce counselor case loads of veterans participating in a rehabilitation program; a comprehensive analysis of the reasons for the disproportionately low percentage of veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, who opt to participate in a VA rehabilitation program relative to the percentage of such veterans who use their entitlement to VA educational assistance; recommendations and a proposed implementation plan for encouraging more veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, to participate in VA rehabilitation programs; and a national staff training program for vocational rehabilitation counselors, that includes the provision of training to assist counselors in understanding the very profound disorientation experienced by warriors because of their injury, training to assist counselors in working in partnership with veterans on individual rehabilitation plans, and training on post-traumatic stress disorder and other mental health conditions and on moderate to severe traumatic brain injury that is designed to improve the ability of such counselors to assist veterans with such conditions. | {"src": "billsum_train", "title": "Wounded Warrior Employment Improvement Act"} | 850 | 290 | 0.655364 | 2.227151 | 0.984195 | 5.703422 | 3.212928 | 0.958175 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aviation Funding Stability Act''.
SEC. 2. TRUST FUND OFF BUDGET.
(a) Trust Fund Off Budget.--Section 48114 of title 49, United
States Code, is amended to read as follows:
``Sec. 48114. Trust fund off budget
``(a) Airport and Airway Trust Fund Guarantee.--Beginning October
1, 2017, receipts and disbursements of the Airport and Airway Trust
Fund established under section 9502 of the Internal Revenue Code of
1986 shall not be subject--
``(1) to any sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 or any
subsequent law requiring such sequestration;
``(2) to apportionment pursuant to section 1513(b) of title
31, United States Code;
``(3) to appropriation and shall be authorized and made
available immediately for obligation and expenditure; and
``(4) to any legal requirement, directive, or other
provision of law of or related to the Office of Management and
Budget.
``(b) General Fund Share.--In addition to amounts made available
under subsection (a), there is further authorized to be appropriated
from the general fund of the Treasury such sums as may be necessary for
the Federal Aviation Administration Operations account. Such funds
shall not be subject to any sequestration order issued under the
Balanced Budget and Emergency Deficit Control Act of 1985 or any
subsequent law requiring such sequestration.
``(c) Authorization To Transfer Certain Funds To Prevent Reduced
Operations and Staffing.--Notwithstanding any other provision of law,
within any fiscal year, the Administrator may transfer, to the account
funding Administration operations, up to 5 percent of funds available
for any budget activity in any other account of the Federal Aviation
Administration to prevent reduced operations and staffing of the
Federal Aviation Administration and to ensure a safe and efficient air
transportation system.''.
(b) Essential Air Service.--Section 41742 of title 49, United
States Code, is amended by striking paragraph (2) of subsection (a) and
inserting the following:
``(2) Additional funds.--Beginning October 1, 2017, from
amounts deposited into the Airport and Airway Trust Fund, the
sum of $175,000,000 for each fiscal year is authorized and
shall be made available immediately, in addition to amounts
made available under paragraph (1) and subsection (b), for
obligation and expenditure to carry out the essential air
service program under this subchapter.''.
SEC. 3. FLEXIBILITY.
(a) Office of Management and Budget.--The Federal Aviation
Administration shall be exempt from any order, directive, rule, or
other requirement of the Office of Management and Budget.
(b) Office of the Secretary of Transportation.--The revisions to
the procurement and personnel systems of the Federal Aviation
Administration under sections 6(a) and 7(a) shall not be subject to
approval, modification, or review by the Secretary of Transportation.
SEC. 4. MANAGEMENT ADVISORY COUNCIL INPUT.
(a) Air Traffic Control System Performance.--Chapter 401 of title
49, United States Code, is amended by adding at the end the following:
``Sec. 40131. Air traffic control system performance
``(a) In General.--The Federal Aviation Management Advisory Council
established under section 106(p) shall, in addition to performing the
responsibilities under such section--
``(1) assess the performance of the air traffic control
system and the Administrator's policy and strategic decisions
with respect to operation and modernization of the system; and
``(2) make recommendations to the Administrator to improve
the system.
``(b) Public Response.--The Administrator shall publicly respond in
writing to each recommendation of the Council under subsection (a).
``(c) Contents.--A response by the Administrator under subsection
(b) shall include--
``(1) a restatement of the recommendation to which the
response is directed;
``(2) the Administrator's analysis of the recommendation;
``(3) if the Administrator intends to implement the
recommendation, a detailed schedule for implementation; and
``(4) if the Administrator does not concur in the
recommendation, a statement explaining the reasons for such
nonconcurrence.
``(d) Publication.--Not later than 90 days after the
Administrator's receipt of a recommendation under subsection (a), each
response by the Administrator under this section shall be posted on the
internet website of the Federal Aviation Administration.''.
(b) Conforming Amendment.--Section 106(p)(1) is amended by striking
the period at the end and adding ``, except as provided in section
40131.''.
SEC. 5. AIR TRAFFIC CONTROL FACILITY MODERNIZATION AND SUSTAINMENT.
(a) Facility Modernization and Sustainment.--Chapter 481 of title
49, United States Code, is amended by adding at the end the following:
``Sec. 48115. Air traffic control facility modernization and
sustainment
``(a) Modernization and Sustainment.--In any fiscal year between
2018 and 2030, in addition to amounts made available under section
48101, there is further authorized to be appropriated from the
uncommitted balance of the Airport and Airway Trust Fund such sums as
are necessary to bring any air traffic control facility of the Federal
Aviation Administration into acceptable condition.
``(b) Consultation.--Before taking any action under subsection (a)
to modernize or sustain air traffic control facilities of the Federal
Aviation Administration, the Administrator shall consult with the
exclusive bargaining representatives of air traffic controllers and
airway transportation system specialists certified under section 7111
of title 5, United States Code.''.
(b) Clerical Amendment.--The analysis for chapter 481 of title 49,
United States Code, is amended by inserting after the item relating to
section 48114 the following:
``48115. Air traffic control facility modernization and sustainment.''.
SEC. 6. ACQUISITION REFORM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall develop and implement a revised
system governing all of the Administration's acquisitions, including
services, facilities, equipment, and real, personal, and intellectual
property.
(b) Streamlined Process.--The system revised under subsection (a)
shall take advantage of the independence already provided by Congress
from all acquisition and acquisition-related laws to further streamline
processes for acquisitions that substantially improve the flexibility
and cost effectiveness of the Administration's acquisitions process.
Notwithstanding any other provision of law, the only rules, policies,
and procedures that shall govern or affect this system are those
promulgated by the Administrator.
(c) Design of System.--The system revised under subsection (a)
shall, at minimum--
(1) account for the complexity and multiple stages of
acquisitions of interdependent systems that constitute the Next
Generation Air Transportation System;
(2) include measures for appropriate program managers to
verify the readiness of software-intensive programs prior to
acceptance;
(3) include measures for the Administrator to identify and
implement cost reductions across the Administration according
to such timelines and metrics as the Administrator shall
identify;
(4) include measures for the Administrator to reliably
estimate the cost of each segment with respect to each
acquisition, along with reliable estimates of all costs that
are reasonably expected to be incurred as a result of such
acquisition; and
(5) incorporate private-sector best practices for major
capital investments in information technology,
telecommunications, and other relevant systems.
(d) Evaluation.--In carrying out subsection (a), the Administrator
shall ensure that any requirement or provision of the acquisition
management system of the Administration in effect on the day before the
date of enactment of this Act--
(1) is necessary to promote transparency, accountability,
and cost effectiveness;
(2) shall not materially affect the Administration's
ability to reduce costs associated with acquisitions programs;
(3) is necessary to protect the interests of the
Administration in any potential claim or defense in litigation
arising from an acquisition; or
(4) is necessary to provide for the continuity of one or
more acquisition programs.
(e) Acquisition of Services.--In developing a revised system
governing the Administration's acquisitions under subsection (a), the
Administrator shall consult with the exclusive bargaining
representative of airway transportation system specialists certified
under section 7111 of title 5, United States Code, before taking any
action related to services acquisition.
(f) Report to Congress.--Not later than 12 months after revising
the system required under subsection (a), the Administrator shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the revised process.
SEC. 7. PERSONNEL REFORM.
(a) Reform of Personnel Management System.--Not later than 1 year
after completion of the review required under subsection (b), the
Administrator of the Federal Aviation Administration shall make changes
to the personnel management system developed under section 40122(g) of
title 49, United States Code, to improve the productivity, cost
effectiveness, and technical proficiency of that part of the
Administration's workforce that is not represented by an exclusive
representative recognized under section 7111 of title 5, United States
Code, or eligible to be represented by such a labor organization. The
changes required under this subsection shall include new performance
incentive policies, including awards for performance, and shall,
notwithstanding any other provision of law, include procedures for the
Administration to take expedited personnel actions with respect to
employees not covered by valid collective bargaining agreements. In no
instance may the changes implemented under this subsection alter or
otherwise affect the terms and conditions of employment of any employee
represented or eligible to be represented by an exclusive
representative recognized under section 7111 of title 5, United States
Code.
(b) Review.--Not later than 6 months after the date of enactment of
this Act, the Administrator shall conduct a comprehensive review of the
legal requirements, including policies, standards, rules, and orders of
the Administration, pertaining to the Administration's personnel
management system, except to the extent that such requirements may
affect or relate to the terms and conditions of employment or dispute
resolution processes governing employees who are represented or
eligible to be represented by an exclusive bargaining representative
recognized under section 7111 of title 5, United States Code. This
review shall identify--
(1) any requirements that do not substantially contribute
to the system's cost effectiveness, administrative flexibility,
and transparency;
(2) any requirement not related to maintaining collective
bargaining and due process;
(3) any requirements not reasonably related to the
Administration's efforts to maintain a strong, mutually
beneficial relationship between employees and management of the
Administration; and
(4) any requirements with respect to personnel management
that the Administration applies through circulars, guidance, or
other documents issued by the Office of Management and Budget
or the Office of Personnel Management.
(c) Report.--Not later than 6 months after completion of the review
required in subsection (b), the Administrator shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the review.
(d) Air Traffic Controller Staffing.--
(1) Staffing report.--Section 44506(e) of title 49, United
States Code, is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) for each facility in the system, the current
certified professional controller staffing levels, the
operational staffing targets for certified professional
controllers, and the anticipated certified professional
controller attrition for each of the next 3 years;''.
(2) Staffing standard.--Not later than 180 days after the
date of enactment of this Act, the Administrator of the Federal
Aviation Administration and the exclusive bargaining
representative of air traffic controllers certified under
section 7111 of title 5, United States Code, shall jointly
develop a staffing standard to determine the number of
certified professional controllers and trainees needed to
operate each air traffic control facility operated by the
Administration. Once developed, this standard shall be used for
the staffing report referenced in section 44506(e) of title 49,
United States Code.
(e) Airway Transportation System Specialist Staffing Models.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall implement, after
consultation with the National Academy of Sciences, and
notwithstanding section 7106(b)(1) of title 5, United States
Code, after negotiations with the exclusive bargaining
representative of airway transportation system specialists
certified under section 7111 of title 5, United States Code,
appropriate airway transportation system specialists staffing
levels for each of the Administration's facilities that support
the National Airspace System. If the Administrator and the
exclusive bargaining representative are unable to reach
agreement, they shall use the process set forth in clauses (i)
through (v) and (vii) of section 40122(a)(2)(C) of title 49,
United States Code, to resolve the dispute.
(2) Airway transportation system specialists placement.--
Upon determination of staffing levels under paragraph (1), and
notwithstanding section 7106(b)(1) of title 5, United States
Code, the Administrator shall negotiate with the exclusive
bargaining representative of airway transportation system
specialists certified under section 7111 of title 5, United
States Code, to develop and implement measures to place airway
transportation system specialists at all relevant facilities of
the Administration. If the Administrator and the exclusive
bargaining representative are unable to reach agreement, they
shall use the process set forth in clauses (i) through (v) and
(vii) of section 40122(a)(2)(C) of title 49, United States
Code, to resolve the dispute.
(3) Aviation safety inspectors.--Notwithstanding section
7106(b)(1) of title 5, United States Code, the Administrator
shall negotiate with the exclusive bargaining representative of
aviation safety inspectors certified under section 7111 of
title 5, United States Code, regarding appropriate total
staffing levels for aviation inspectors and facilities that
support inspection activities of the Administration. If the
Administrator and the exclusive bargaining representative are
unable to reach agreement, they shall use the process set forth
in clauses (i) through (v) and (vii) of section 40122(a)(2)(C)
of title 49, United States Code, to resolve the dispute. Any
agreement or award shall include a plan to implement such
staffing levels.
SEC. 8. ANTI-SILOS REQUIREMENT.
(a) Organizational Streamlining.--The Administrator shall take
appropriate measures, including development of internal policies and
procedures, to organize the Administration's assignments of personnel
in a manner that facilitates open communication and collaboration among
the Administration's employees across the Administration's lines of
business and offices. Such measures shall promote the cross-utilization
of employees whenever feasible to leverage the employees' knowledge and
skill sets across disciplines.
(b) Report to Congress.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Administrator shall
submit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the measures required under
subsection (a) and the effectiveness of such measures in reducing
organizational barriers and stovepipes.
SEC. 9. AIR TRAFFIC EMPLOYEES ASSIGNED TO GUAM.
(a) Services for Certain Employees.--The Secretary of Defense shall
provide military medical treatment facilities, commissary, and exchange
access to employees of the Federal Aviation Administration assigned to
Guam, their spouses, and their dependent children through the Defense
Enrollment Eligibility Reporting System and the Real Time Automated
Personnel Identification System.
(b) Reimbursement for Expenses.--The Administrator of the Federal
Aviation Administration shall reimburse the Secretary of Defense for
expenses incurred by the Department of Defense for enrollment of
Federal Aviation Administration employees, their spouses, and their
dependent children for services provided under subsection (a).
SEC. 10. TECHNICAL REVISIONS.
Section 40122(g)(2) of title 49, United States Code, is amended--
(1) in subparagraph (A), by--
(A) striking ``(b)'' after ``2302''; and
(B) inserting ``prohibited personnel practices
and'' before ``whistleblower protection'';
(2) in subparagraph (B), by--
(A) inserting ``3304,'' before ``3308-3320,''; and
(B) inserting ``3330a, 3330b, 3330c, and 3330d,''
before ``relating to veterans' preference;'';
(3) in subparagraph (I)(iii) by striking ``and'' at the
end;
(4) in subparagraph (J) by striking ``leave.'' and
inserting ``leave; and''; and
(5) by inserting at the end the following:
``(K) section 5596 relating to back pay due to
unjustified personnel action.''. | Aviation Funding Stability Act This bill requires that, beginning October 1, 2017, receipts and disbursements of the Airport and Airway Trust Fund shall not be subject to: (1) any sequestration order; (2) apportionment; (3) appropriation; and (4) any legal requirement, directive, or other provision of law of or related to the Office of Management and Budget (OMB). The bill authorizes funding for the Federal Aviation Administration Operations account. The Federal Aviation Administration (FAA) shall be exempt from any order or other requirement of the OMB. The Federal Aviation Management Advisory Council shall assess the performance of the air traffic control system and the FAA's policy and strategic decisions regarding the system's operation and modernization, and make recommendations. In any fiscal year between 2018 and 2030, there is authorized to be appropriated from the trust fund such sums as necessary to bring any air traffic control facility of the FAA into acceptable condition. The FAA shall: (1) develop and implement a revised system governing all of its acquisitions, including incorporating private-sector best practices for major capital investments in information technology and telecommunications; (2) make changes to its personnel management system to improve the productivity, cost effectiveness, and technical proficiency of that part of its workforce not represented by a labor organization; (3) jointly develop a staffing standard with the exclusive bargaining representative of air traffic controllers; and (4) develop internal policies and procedures to organize personnel assignments in a manner that facilitates open communication and collaboration. | {"src": "billsum_train", "title": "Aviation Funding Stability Act"} | 3,759 | 322 | 0.617159 | 1.925657 | 0.760769 | 4.666667 | 11.884354 | 0.945578 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cultural Bridges Act of 2002''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Educating international students is an important way to
impart cross-cultural understanding and create goodwill for the
United States throughout the world.
(2) Students from the Islamic world are significantly
underrepresented among the approximately 500,000 international
students who study in the United States annually.
(3) The volume of professional and cultural exchanges
between the United States and the Islamic world is extremely
low compared to other regions, and these exchanges have proven
extremely effective worldwide in building productive people-to-
people ties.
(4) The federally-funded Future Leaders Exchange Program
for high school students from the former Soviet Union,
administered by the Department of State, has demonstrated the
positive impact of reaching out to international students at
the secondary school level, introducing them to American
culture, and strengthening their commitment to democratic
values and ideals.
(5) A critical element in the war against terrorism will be
increasing mutual understanding and respect between the peoples
of the United States and peoples around the world, particularly
those of the Islamic faith.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on International Relations and the
Committee on Appropriations of the House of Representatives.
(2) From the islamic world.--The term ``from the Islamic
world'', when used with respect to a person, means that the
person is a national of a country in the Islamic world or has
as the person's residence or place of birth the West Bank or
Gaza.
(3) Islamic world.--The term ``Islamic world'' means--
(A) the member countries of the Organization of the
Islamic Conference and does not include any country
having observer status in the Organization; and
(B) the areas consisting of the West Bank and Gaza.
(4) Secondary school.--The term ``secondary school'' means
a school that serves students in any of the grades 9 through 12
or equivalent grades in a foreign education system, as
determined by the Secretary, in consultation with the Secretary
of Education.
(5) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
(6) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization having United States citizenship
that is designated by the Secretary to carry out the program
authorized under section 5(a).
SEC. 4. PURPOSE.
The purpose of this Act is to promote the national security of the
United States through international educational and cultural exchange
programs between the United States and the Islamic world that would--
(1) afford additional opportunities for eligible
participants from the Islamic world to study in the United
States;
(2) foster mutual respect for American and Islamic values
and culture through people-to-people contacts; and
(3) build bridges to a more peaceful world through programs
aimed at enhancing mutual understanding.
SEC. 5. NEW EXCHANGE VISITOR PROGRAM FOR SECONDARY SCHOOL STUDENTS FROM
THE ISLAMIC WORLD.
(a) In General.--To carry out the purpose of section 4, and to
redress the underrepresentation in United States international exchange
visitor programs of persons from the Islamic world, the Secretary,
acting under the authority, direction, and control of the President, is
authorized to establish an international exchange visitor program under
which eligible secondary school students from the Islamic world would--
(1) attend a public secondary school in the United States;
(2) live with an American host family and experience life
in a United States host community; and
(3) participate in activities designed to promote a greater
understanding of American and Islamic values and culture.
(b) Implementation.--The Secretary shall utilize the authorities of
the Mutual Educational and Cultural Exchange Act of 1961 to carry out
the program authorized by subsection (a) by grant, contract, or
otherwise with United States sponsoring organizations.
(c) Eligibility Criteria.--
(1) In general.--Except as provided in paragraph (2) and
section 7, a foreign student is eligible for participation in
the program authorized by subsection (a), if the student--
(A) is from the Islamic world;
(B) is at least 15 years of age but not more than
18 and 6 months years of age at the time of initial
school enrollment;
(C) is enrolled in secondary school in the
student's country of nationality or in the West Bank or
Gaza;
(D) has completed not more than 11 years of primary
and secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and
scholastic aptitude; and
(F) has not previously participated in an academic
year or semester secondary school student exchange
program in the United States.
(2) Exception.--An alien is not eligible for participation
in the program authorized by subsection (a) if the alien is
otherwise inadmissible to the United States under section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)).
(d) Program Requirements.--The program authorized by subsection (a)
shall satisfy the following requirements:
(1) Recruitment and selection.--Each United States
sponsoring organization shall recruit and select eligible
secondary school students on a competitive basis under
guidelines developed by the Secretary and in a manner that
ensures geographic, gender, and socio-economic diversity.
(2) English language proficiency.--The Secretary or the
United States sponsoring organization shall establish the
English language proficiency of eligible secondary school
students through standardized testing. For selected secondary
school students found in need of additional English language
training, the Secretary shall provide for not to exceed three
months of such training, depending on the need of the student,
prior to the commencement of the student's course of academic
study in the United States.
(3) Preference for full academic year of study.--The
program shall emphasize educational exchanges consisting of a
full academic year of study.
(4) Compliance with ``j'' visa requirements.--Participants
in the program shall satisfy all requirements applicable to the
admission of nonimmigrant aliens described in section
101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(J)). The program shall be considered a designated
exchange visitor program for purposes of the application of
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996.
(5) Regular reporting to the secretary.--Each United States
sponsoring organization shall report regularly to the Secretary
the information that the organization has obtained during
regular contacts with the sponsored student, the host family,
and the host secondary school.
SEC. 6. AUTHORITY TO ESTABLISH NEW EDUCATIONAL AND CULTURAL EXCHANGE
PROGRAMS AND EXPAND EXISTING PROGRAMS.
Under the authority, direction, and control of the President, the
Secretary is authorized to use the authorities of the Mutual
Educational and Cultural Exchange Act of 1961 to establish new programs
under that Act, and expand the coverage of existing programs under that
Act, to increase the number of educational and cultural exchange
activities involving persons from the Islamic world, except as provided
in section 7.
SEC. 7. EXCEPTION FOR ISLAMIC WORLD COUNTRIES COVERED BY THE FREEDOM
SUPPORT ACT.
An individual who is a national of any of the following countries
shall not be eligible for participation in any new program authorized
under section 5 or 6 or for participation in an existing program
expanded under the authority of section 6: Azerbaijan, Kazakhstan,
Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan.
SEC. 8. REPORTING REQUIREMENTS.
(a) Initial Report.--Not later than 3 months after the date of
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report setting forth the plans to implement
this Act. The report shall include--
(1) with respect to the program authorized by section
5(a)--
(A) a plan indicating priority countries and areas
in the Islamic world for participation in the program;
(B) an estimate of the number of participating
students from each country or area;
(C) an identification of United States sponsoring
organizations; and
(D) a schedule for implementation of the program;
and
(2) with respect to fiscal year 2003, an allocation of
funds by country or area in the Islamic world for the program
authorized by section 5(a), and by program and country or area
in the Islamic world for the exercise of authority under
section 6.
(b) Annual Report.--Not later than January 31 of each year, the
President shall submit to the appropriate congressional committees a
report on the progress and effectiveness of activities carried out
under this Act.
SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS.
(a) New Program Funding.--
(1) In general.--In addition to funds otherwise available
for such purpose, there is authorized to be appropriated for
the Department of State $20,000,000 for each of the fiscal
years 2003 through 2007 to carry out the program authorized by
section 5(a).
(2) Availability of appropriations.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain available
until expended.
(b) Funding of Expansion of Existing Programs.--
(1) In general.--In addition to funds otherwise available
for such purpose, there is authorized to be appropriated for
the Department of State $75,000,000 for each of the fiscal
years 2003 through 2007 to carry out any new international
educational or cultural exchange programs under section 6 or
the expansion under section 6 of any existing such programs.
(2) Availability of appropriations.--Amounts appropriated
pursuant to paragraph (1) are authorized to remain available
until expended.
(c) Limitations.--
(1) Single country limitation.--Of the amount authorized to
be appropriated by subsection (a), and of the amount authorized
to be appropriated by subsection (b), not more than 10 percent
of each such amount is authorized to be available for any
single country.
(2) Single program limitation.--Of the amount authorized to
be appropriated by subsection (b), not more than 25 percent is
authorized to be available to carry out, or expand, any single
international educational or cultural exchange program. | Cultural Bridges Act of 2002 - Authorizes the President to establish an international exchange visitor program under which eligible students from the Islamic world would: (1) attend public secondary school in the United States; (2) live with an American host family; and (3) participate in activities designed to promote a greater understanding of American and Islamic values and cultures. Requires the Secretary of State (Secretary) to carry out this program with U.S. sponsoring organizations.Authorizes the Secretary to use the authorities of the Mutual Educational and Cultural Exchange Act of 1961 to establish new programs and expand existing programs to increase the number of educational and cultural activities involving persons from the Islamic world. Prohibits the participation of individuals who are nationals of Azerbaijan, Kazakhstan, Kyrgystan, Tajikistan, Turkmenistan, and Uzbekistan. | {"src": "billsum_train", "title": "A bill to promote the national security of the United States through international educational and cultural exchange programs between the United States and the Islamic world, and for other purposes."} | 2,277 | 184 | 0.477718 | 1.400112 | 0.792214 | 5.993333 | 14.113333 | 0.94 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Medicare
Subvention Demonstration Project Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Medicare-eligible covered military beneficiary.--The
term ``medicare-eligible covered military beneficiary'' means a
beneficiary under chapter 55 of title 10, United States Code,
including a beneficiary under section 1074(a) of such title,
who is entitled to benefits under part A of title XVII of the
Social Security Act (42 U.S.C. 1395 et seq.).
(2) TRICARE program.--The term ``TRICARE program'' means the
managed health care program that is established by the Secretary of
Defense under the authority of chapter 55 of title 10, United States
Code, principally section 1097 of such title, and includes the
competitive selection of contractors to financially underwrite the
delivery of health care services under the Civilian Health and Medical
Program of the Uniformed Services.
(3) Military treatment facility.--The term ``military treatment
facility'' means a facility referred to in section 1074(a) of title 10,
United States Code.
SEC. 3. ESTABLISHMENT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Health and Human Services shall jointly establish a demonstration
project to provide the Department of Defense with reimbursement, in
accordance with section 4, from the medicare program under title XVII
of the Social Security Act (42 U.S.C. 1395 et seq.) for health services
provided to certain medicare-eligible covered military beneficiaries.
(b) Geographic Regions.--The demonstration project established
under this section shall be conducted in one or more geographic regions
in which the TRICARE program has been implemented.
(c) Duration.--The demonstration project established under this
section shall be conducted for a period not to exceed 2 years.
(d) Reporting.--
(1) In general.--
(A) First annual report.--Not later than 15 months
after the demonstration project under this section has
been established, the Secretary of Defense and the
Secretary of Health and Human Services shall jointly
submit to Congress a report including the information
described in paragraph (2).
(B) Final report.--Not later than 90 days after the
termination of the demonstration project, the Secretary
shall jointly submit to Congress a final report
including the information described in paragraph (2).
(2) Information described.--The information described in
this paragraph includes the following:
(A) The number of medicare-eligible covered
military beneficiaries opting to participate in the
demonstration project established under this section
instead of receiving health benefits through another
health insurance plan (including through the medicare
program).
(B) Whether, and in what manner, easier access to
the military treatment system affects the number of
medicare-eligible covered military beneficiaries
receiving health benefits under the medicare program.
(C) A list of the health insurance plans and
programs that were the primary payers for medicare-
eligible covered military beneficiaries during the year
prior to such beneficiary's participation in the
demonstration project and the distribution of
enrollment of such beneficiaries in such plans and
programs.
(D) The total number of medicare-eligible covered
military beneficiaries who participated in the project
during the preceding year and the number of such
beneficiaries who were entitled to benefits under part
A of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) and were not enrolled under part B of
such title.
(E) An identification of cost-shifting (if any)
among medical care programs as a result of the
demonstration project and a description of the nature
of any such cost-shifting.
(F) An analysis of how the demonstration project
affects the overall accessibility of the military
treatment system and the amount of space available for
point-of-service care and a description of the
unintended effects (if any) upon the normal treatment
priority system.
(G) A description of the difficulties (if any)
experienced by the Department of Defense in managing
the demonstration project.
(H) A description of the effects of the
demonstration project on military treatment facility
readiness and training and the probable effects of the
project on overall Department of Defense medical
readiness and training.
(I) A description of the effects that the
demonstration project, if permanent, would be expected
to have on the overall budget of the military health
care system and the budgets of individual military
treatment facilities.
(J) Whether the demonstration project affects the
cost to the Department of Defense of prescription drugs
or the accessibility, availability, and cost of such
drugs to program beneficiaries.
SEC. 4. REIMBURSEMENT AMOUNTS.
(a) Payment to Department of Defense.--The Secretary of Health and
Human Services shall make monthly payments to the Department of Defense
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund (allocated between each
Trust Fund in an amount to be determined by the Secretary of Health and
Human Services based on the relative weight that benefits from each
Trust Fund contribute to the amounts determined under this subsection)
in an amount equal to the sum of--
(1) the payments determined under subsection (b) with
respect to medicare-eligible covered military beneficiaries who
are enrolled in the TRICARE program; and
(2) the payments determined under subsection (c) with
respect to such beneficiaries who are not enrolled in the
TRICARE program.
(b) TRICARE Payments.--
(1) In general.--The amount of payment determined under
this subsection is an amount equal to \1/12\ of the amount
determined under paragraph (2) for each medicare-eligible
covered military beneficiary enrolled during the year in the
TRICARE program in a geographic region in which the
demonstration project is in operation, but only if such
beneficiary's enrollment is in excess of the minimum enrollment
number determined under subsection (d)(1)(A) for such
geographic region.
(2) Amount determined.--The amount determined under this
paragraph is an amount equal to--
(A) in the case of an individual entitled to
benefits under part A and enrolled under part B of
title XVIII of the Social Security Act, 93 percent of
the average adjusted per capita cost determined under
section 1876(a)(4) of the Social Security Act (42
U.S.C. 1395mm(a)(4)) for such year; or
(B) in the case of an individual entitled to
benefits under part A and not enrolled under part B of
such title, an amount equal to the amount determined
under subparagraph (A) attributable to services covered
by and expenses otherwise reimbursable under part A of
such title only.
(c) Treatment at a Military Treatment Facility.--The amount of
payment determined under this subsection is an amount equal to the sum
of the Secretary's estimates of the amounts determined for each health
service (using a DRG equivalent and fee schedule equivalent scale
developed by the Secretary of Health and Human Services) provided
during the month for which the payment is made under subsection (a) to
each medicare-eligible covered military beneficiary (other than a
beneficiary who is enrolled in the TRICARE program) in a military
treatment facility located in a geographic region in which the
demonstration project is in operation, but only if such level is in
excess of \1/12\ of the minimum level of health services described
under subsection (d)(1)(B) for such geographic region.
(d) Establishment of Base Level of Coverage.--
(1) In general.--Prior to the establishment of the
demonstration project under this Act and subject to paragraph
(2), the Secretary of Defense and the Secretary of Health and
Human Services shall jointly estimate, based on the best
available data--
(A) a minimum enrollment number of medicare-
eligible covered military beneficiaries who are
required to enroll in the TRICARE program during a year
in each geographic region in which the demonstration
project is in operation before the Department of
Defense may receive payment under subsection (a)(1);
and
(B) a minimum level of health services (using a DRG
equivalent and fee schedule equivalent scale developed
by the Secretary of Health and Human Services) provided
to medicare-eligible covered military beneficiaries
(other than beneficiaries enrolled in the TRICARE
program) during a year through a military treatment
facility in each geographic region in which the
demonstration project is in operation before the
Department of Defense may receive payment under
subsection (a)(2).
(2) Determination of baseline costs.--The Secretary of
Defense and the Secretary of Health and Human Services shall
establish the minimum enrollment number under paragraph (1)(A) and the
minimum level of health services under paragraph (1)(B) such that the
projected expenditures by the Department of Defense for such number of
medicare-eligible covered military beneficiaries and such level of
services provided to such beneficiaries by the Department of Defense is
equivalent to the projected expenditures that would have been made by
the Department for such beneficiaries if the demonstration project
under this Act had not been established.
(3) Upper reimbursement limits.--The Secretary of Defense
and the Secretary of Health and Human Services shall jointly
establish a maximum number of medicare-eligible covered
military beneficiaries and maximum level of health services for
which payment may be made by the Secretary of Health and Human
services under subsection (a).
(e) TRICARE Program Enrollment Fee Waiver.--The Secretary of
Defense shall waive the enrollment fee applicable to any individual
enrolled in the TRICARE program for whom reimbursement in the amount
determined under subsection (b)(2)(A) is received under subsection
(b)(1).
SEC. 5. MEDICARE SUBVENTION FUND.
(a) Establishment.--There is hereby established in the Treasury of
the United States a revolving fund known as the Medicare Subvention
Fund (hereafter in this section referred to as the ``Fund'').
(b) Use of Funds.--The Fund shall be available to the Secretary of
Defense, as so provided in appropriations Acts from funds otherwise
appropriated to the Department of Defense, and without fiscal year
limitation--
(1) to make payments to the Secretary of Health and Human
Services for deposit into the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund
in order to reimburse such Funds for additional costs to such
Trust Funds resulting from the operation of the demonstration
project established under this Act;
(2) to provide for the participation of medicare-eligible
covered military beneficiaries in excess of the maximum
enrollment number and maximum level of health services
established under section 4(d)(1);
(3) to provide for payment of administrative expenses
associated with the demonstration project established under
this Act; and
(4) if amounts are available in the Fund after expenditures
are made under paragraphs (1) through (3), for any other lawful
purpose for which the Secretary of Defense may expend funds.
(c) No Funds Available.--The Secretary of Defense may, if
inadequate amounts are available in the Fund, limit the enrollment of
medicare-eligible covered military beneficiaries in the demonstration
project established under this Act.
(d) Authorization of Appropriations.--For each of fiscal years 1997
and 1998, there are authorized to be appropriated from funds otherwise
appropriated to the Department of Defense, for deposit in the Fund such
sums as may be necessary to carry out the purposes described in
paragraphs (1) through (3) of subsection (c). Any amounts appropriated
in accordance with this subsection shall not be taken into account in
establishing appropriations levels for the Department of Defense health
affairs budget. | Uniformed Services Medicare Subvention Demonstration Project Act - Directs the Secretaries of Defense and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Defense (DOD) with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health services provided to Medicare-eligible covered military beneficiaries who participate in the project and receive such services through the managed care option of the TRICARE program (a DOD managed health care program). Requires the project to be conducted during the three-year period beginning on January 1, 1997, in two or more regions in which the TRICARE program has been implemented. Requires inclusion in the project of a provision for expansion to incorporate health care services provided to such beneficiaries under the fee-for-services options of the TRICARE program if the Secretaries determine that such expansion is feasible and advisable.
Requires the Secretaries to submit to the Congress an interim and final report on project participants and on the project's effects on military medical care access, readiness, and training.
Directs the HHS Secretary to make monthly payments to DOD from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund representing appropriate reimbursement amounts. Provides for the determination of such amounts.
Directs the Secretaries to: (1) establish minimum and maximum project enrollment levels; and (2) determine baseline costs of such care and coverage. Directs the Secretary of Defense to waive the enrollment fee for individuals enrolled in a TRICARE program participating in the project.
Requires the Comptroller General, for each project year, to submit to the Secretaries and the Congress a report on the extent to which costs under the TRICARE program and the Medicare program have increased as a result of the project. Directs the Secretaries to modify the project at the end of each year to correct for any discrepancy between cost targets and actual spending under the project. | {"src": "billsum_train", "title": "Uniformed Services Medicare Subvention Demonstration Project Act"} | 2,509 | 424 | 0.655685 | 1.991748 | 0.755964 | 2.386486 | 6.362162 | 0.835135 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower East Side Tenement National
Historic Site Act of 1994''.
SEC. 2. DEFINITIONS.
As used in this Act:
(1) The term ``historic site'' means the Lower East Side
Tenement National Historic Site established by section 4.
(2) The term ``Museum'' means the Lower East Side Tenement
Museum, an education corporation chartered under the laws of
the State of New York.
(3) The term ``Secretary'' means the Secretary of the
Interior.
SEC. 3. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the Lower East Side Tenement at 97 Orchard Street, New
York, New York, is an outstanding survivor of the vast number
of humble buildings in New York City that housed immigrants to
the United States during the greatest wave of immigration in
American history;
(2) the Lower East Side Tenement is well suited to
represent a profound social movement involving great numbers of
unexceptional but courageous people;
(3) between 1880 and 1921, almost three-quarters of the
immigrants to the United States entered the country through New
York Harbor, most passed through immigration stations at Ellis
Island and, earlier, Castle Clinton, both of which have been
designated as national monuments, and millions of these
immigrants made their way to the Lower East Side of New York
City;
(4) no other single identifiable neighborhood in the United
States absorbed a comparable number of immigrants;
(5) the Museum is dedicated to interpreting immigrant life
on the Lower East Side and its importance to United States
history, and is located within a neighborhood long associated
with the immigrant experience in America;
(6) the tenement building at 97 Orchard Street has been
designated as a National Historic Landmark, has been found to
be historically significant, and possesses a historic fabric of
exceptional integrity dating from the period of peak
immigration to the United States; and
(7) the National Park Service has found the Lower East Side
Tenement to be nationally significant and to be best protected
and interpreted through designation as an affiliated area of
the National Park System while remaining under private
ownership and management.
(b) Purposes.--The purposes of this Act are--
(1) to assure the preservation, maintenance, and
interpretation of the Lower East Side Tenement and to
interpret, in the tenement and the surrounding neighborhood,
the themes of early tenement life, the housing reform movement,
and tenement architecture in the United States;
(2) to assure the continuation at this site of the Lower
East Side Tenement, the preservation of which is necessary for
the continued interpretation of the nationally significant
immigrant phenomenon associated with the Lower East Side of New
York City and the role of the phenomenon in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton
National Monument and Ellis Island National Monument through
cooperation with the Lower East Side Tenement National Historic
Site.
SEC. 4. DESIGNATION OF HISTORIC SITE.
In order to further the purposes of this Act and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the Lower East Side
Tenement at 97 Orchard Street, New York, New York, is hereby designated
as a national historic site.
SEC. 5. COOPERATIVE AGREEMENT.
(a) In General.--In furtherance of the purposes of this Act and the
Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), the
Secretary may enter into a cooperative agreement with the Museum to
effectuate the purposes of this Act.
(b) Technical and Financial Assistance.--Any agreement entered into
under subsection (a) may include provisions by which the Secretary will
provide technical assistance to mark, restore, interpret, operate, and
maintain the historic site. Such an agreement may also include
provisions by which the Secretary will provide financial assistance to
mark, interpret, and restore the historic site (including financial
assistance for the making of preservation-related capital improvements
and repairs, but not including financial assistance for other routine
operations).
(c) Additional Provisions.--Any agreement entered into under
subsection (a) shall contain provisions that--
(1) the Secretary, acting through the National Park
Service, shall have the right of access at all reasonable times
to all public portions of the property covered by such
agreement for the purpose of conducting visitors through such
property and interpreting the property to the public; and
(2) no changes or alterations may be made in property
covered by the agreement except by mutual agreement between the
Secretary and the other parties to the agreement entered into
under subsection (a).
SEC. 6. REPORT.
The Museum shall, as a condition of the receipt of any assistance
under this Act, provide to the Secretary and to the Congress an annual
report documenting the activities and expenditures for which any such
assistance was used during the fiscal year preceding the report.
SEC. 7. APPROPRIATIONS.
There is hereby authorized to be appropriated $6,400,000 to carry
out the purposes of this Act, such sums to remain available until
expended.
Amend the title so as to read: ``A bill to establish the
Lower East Side Tenement National Historic Site.''. | Lower East Side Tenement National Historic Site Act of 1994 - Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a National Historic Site. Authorizes the Secretary of the Interior to enter into a cooperative agreement with the Lower East Side Tenement Museum to assure preservation, interpretation and continuation of the Site. Requires the Museum, as a condition of the receipt of any assistance under this Act, to report annually to the Secretary of the Interior and to the Congress on the activities and expenditures for which any such assistance was used during the fiscal year preceding the report. Authorizes appropriations. | {"src": "billsum_train", "title": "Lower East Side Tenement National Historic Site Act of 1994"} | 1,143 | 140 | 0.556852 | 1.609631 | 0.682009 | 5.760684 | 9.470085 | 0.957265 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IRA Preservation Act of 2017''.
SEC. 2. EDUCATION AND OUTREACH.
(a) Information Made Available.--The Secretary shall make available
to the public the following information:
(1) An overview of the laws and regulations related to
individual retirement arrangements, including--
(A) limits on contributions;
(B) limits on deductions for contributions;
(C) rollovers;
(D) minimum required distributions;
(E) non-exempt prohibited transactions; and
(F) tax consequences for early distributions.
(2) Examples of common errors by taxpayers with respect to
the laws and regulations described in paragraph (1) and
instructions on how to avoid such errors.
(b) Targeted Advance Notices.--Based on the information on common
errors identified under subsection (a)(2), the Secretary shall identify
critical failure points and cause notices to be issued to individual
taxpayers in advance of their reaching such critical failure points,
with advice on how to avoid such failures.
(c) Soft Notice Program.--
(1) In general.--The Secretary shall, at such time as the
Secretary considers appropriate, cause a notice under this
subsection to be issued to a taxpayer if the Secretary detects
a material inconsistency between or among any tax returns or
reports filed under the Internal Revenue Code of 1986,
including an individual tax return and a third-party
information return, that could represent tax liability incurred
by the taxpayer because of--
(A) an excess contribution to an individual
retirement arrangement as described in section 4973 of
the Internal Revenue Code of 1986;
(B) an excess accumulation in an individual
retirement arrangement as described in section 4974 of
such Code; or
(C) any other error associated with an individual
retirement arrangement that the Secretary has the
capability to detect automatically because of
inconsistencies in returns filed or reports made under
such Code.
(2) Exceptions.--The Secretary is not required to issue a
notice under paragraph (1) with respect to an individual
retirement arrangement in any case in which the Secretary--
(A) intends to initiate an audit of the individual
retirement arrangement;
(B) has reason to believe there is no outstanding
tax liability attributable to an excess contribution,
excess accumulation, or other error described in
subparagraph (A), (B), or (C) of paragraph (1); or
(C) has other good cause consistent with the
purposes of this Act.
(3) Content.--A notice issued under paragraph (1) to a
taxpayer with respect to an individual retirement arrangement
shall include--
(A) an explanation of taxes that could be owed, as
of the date of the notice, because of an excess
contribution, excess accumulation, or other error
described in subparagraph (A), (B), or (C) of paragraph
(1), including, if applicable, an explanation of the
reduced rates of tax available under section 4973(i) or
4974(e), as the case may be, of the Internal Revenue
Code of 1986 for voluntary correction of an excess
contribution or excess accumulation described in
subparagraph (A) or (B) of paragraph (1) if voluntary
correction is made within the correction window
applicable under section 4973(i) or 4974(e), as the
case may be, of such Code;
(B) a statement that any failure to remit any taxes
owed may result in an audit;
(C) in the case of an excess contribution or excess
accumulation described in subparagraph (A) or (B) of
paragraph (1), an explanation of taxes that could be
owed because of such excess contribution or excess
accumulation, if voluntary correction is not made
within the correction window applicable under section
4973(i) or 4974(e), as the case may be, of the Internal
Revenue Code of 1986; and
(D) a copy of the applicable form to be used by the
taxpayer to remit taxes owed with respect to the
individual retirement arrangement because of the
potential excess contribution, excess accumulation, or
other error described in the notice.
(4) Coordination with self-correction procedures.--A notice
issued under this paragraph may not be considered as initiating
an audit or otherwise demanding payment for purposes of section
4973(i) or 4974(e) of the Internal Revenue Code of 1986.
SEC. 3. REDUCTION OF EXCISE TAXES FOR VOLUNTARY CORRECTION OF COMMON
IRA ERRORS.
(a) Reduction in Excise Tax on Excess Contributions.--Section 4973
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new subsection:
``(i) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) corrects, during the correction window, an
excess contribution that was made to an individual
retirement arrangement and that resulted in imposition
of a tax under paragraph (1) or (3) of subsection (a),
and
``(B) submits a return, during the correction
window, reflecting such tax (as modified by this
subsection),
the first and second sentences of subsection (a) shall be
applied by substituting `3 percent' for `6 percent' each place
it appears.
``(2) Correction window defined.--For purposes of this
subsection, the term `correction window' means the period
beginning on the date on which the tax under subsection (a) is
imposed with respect to an excess contribution, and ending on
the earlier of--
``(A) the date on which the Secretary initiates an
audit, or otherwise demands payment, with respect to
the excess contribution, or
``(B) the last day of the second tax year that
begins after the end of the tax year in which the tax
under subsection (a) is imposed.''.
(b) Reduction in Excise Tax on Failures To Take Required Minimum
Distributions.--
(1) In general.--Section 4974 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(e) Reduction of Tax in Certain Cases.--
``(1) Reduction.--In the case of a taxpayer who--
``(A) corrects, during the correction window, a
shortfall of distributions from an individual
retirement arrangement that resulted in imposition of a
tax under subsection (a), and
``(B) submits a return, during the correction
window, reflecting such tax (as modified by this
subsection),
the first sentence of subsection (a) shall be applied by
substituting `5 percent' for `50 percent'.
``(2) Correction window defined.--For purposes of this
subsection, the term `correction window' means the period of
time beginning on the date on which the tax under subsection
(a) is imposed with respect to a shortfall of distributions
from an individual retirement arrangement, and ending on the
earlier of--
``(A) the date on which the Secretary initiates an
audit, or otherwise demands payment, with respect to
the shortfall of distributions, or
``(B) the last day of the second tax year that
begins after the end of the tax year in which the tax
under subsection (a) is imposed.''.
(2) Coordination with waiver provisions.--
(A) In general.--Subsection (d) of section 4974 of
the Internal Revenue Code of 1986 is amended--
(i) by redesignating paragraphs (1) and (2)
as subparagraphs (A) and (B), respectively;
(ii) by striking ``If the taxpayer'' and
inserting:
``(1) Waiver.--Subject to paragraph (2), if the taxpayer'';
and
(iii) by adding at the end the following:
``(2) Exception.--The Secretary may not waive the tax
imposed by subsection (a) with respect to an individual
retirement arrangement.''.
(B) Authority to compromise.--The amendments made
by subparagraph (A) shall not limit the authority of
the Secretary of the Treasury under section 7121 or any
other provision of the Internal Revenue Code of 1986 to
compromise the amount of any tax due under section 4974
of such Code, except that, in determining the amount of
any such compromise, the Secretary may take into
account the availability, under section 4974(e) of such
Code, of voluntary correction during the correction
window (as defined in section 4974(e)(2) of such Code).
SEC. 4. HARMONIZATION OF TREATMENT OF IRAS WITH EMPLOYER PLANS.
(a) Elimination of Additional Tax on Certain Distributions.--
Subparagraph (A) of section 72(t)(2) of the Internal Revenue Code of
1986 is amended--
(1) by striking ``or'' at the end of clause (vii);
(2) by striking the period at the end of clause (viii) and
inserting ``, or''; and
(3) by adding at the end the following new clause:
``(ix) attributable to withdrawal of
interest or other income earned on excess
contributions to an individual retirement
arrangement.''.
(b) Repeal of Tax Disqualification Penalty.--
(1) In general.--Paragraph (2) of subsection (e) of section
408 of the Internal Revenue Code of 1986 is repealed.
(2) Conforming amendments.--
(A) Section 408(e)(1) of such Code is amended by
striking ``(2) or''.
(B) Sections 220(e)(2), 223(e)(2), and 530(e) of
such Code are amended by striking ``paragraphs (2) and
(4) of section 408(e)'' each place it appears and
inserting ``paragraph (4) of section 408(e)''.
(C) Section 4975(c)(3) of such Code is amended by
striking ``the account ceases to be an individual
retirement account by reason of the application of
section 408(e)(2)(A) or if''.
(c) Statute of Limitations.--Subsection (l) of section 6501 of the
Internal Revenue Code of 1986 is amended--
(1) in paragraph (1), by inserting ``(other than for
individual retirement arrangements)'' after ``section 4975'';
and
(2) by adding at the end the following new paragraph:
``(4) Individual retirement arrangements.--For purposes of
any tax imposed by section 4973, 4974, or 4975 in connection
with an individual retirement arrangement, the return referred
to in this section shall be the income tax return filed by the
person on whom the tax under such section is imposed for the
year in which the act (or failure to act) giving rise to such
liability for such tax occurred. In the case of a person who is
not required to file an income tax return for the year in which
the act (or failure to act) giving rise to such liability for
such tax occurred--
``(A) the return referred to in this section shall
be the income tax return that such person would have
been required to file but for the fact that such person
was not required to file such return, and
``(B) the 3-year period referred to in subsection
(a) with respect to the return shall be deemed to begin
on the date by which the return would have been
required to be filed (excluding any extension
thereof).''.
SEC. 5. INDIVIDUAL RETIREMENT ARRANGEMENT DEFINED.
(a) In General.--For purposes of this Act, the term ``individual
retirement arrangement'' means an individual retirement account, an
individual retirement annuity, and a Roth IRA described in sections
408(a), 408(b), and 408A, respectively, of the Internal Revenue Code of
1986.
(b) Internal Revenue Code.--Section 408 of the Internal Revenue
Code of 1986 is amended--
(1) by redesignating subsection (r) as subsection (s); and
(2) by inserting after subsection (q) the following new
subsection:
``(r) Individual Retirement Arrangement Defined.--For purposes of
this section and sections 72(t), 4973, 4974, and 6501(l), the term
`individual retirement arrangement' means an individual retirement
account described in section 408(a), an individual retirement annuity
described in section 408(b), and a Roth IRA described in section
408A.''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b) and (c), this Act and
the amendments made by this Act shall take effect on the date of the
enactment of this Act.
(b) Transition Provisions.--
(1) Requests for waivers.--
(A) In general.--Notwithstanding the amendments to
section 4974(d) of the Internal Revenue Code of 1986
made by section 3(b)(2) of this Act, a taxpayer may, at
any time before or during the transition period, file a
written request for a waiver under section 4974(d) of
such Code, as in effect on the day before the date of
the enactment of this Act. The Secretary of the
Treasury shall consider any such request as if the
amendments made by section 3(b)(2) had not been made.
(B) Transition period defined.--For purposes of
this paragraph, the term ``transition period'' means
the period beginning on the date of the enactment of
this Act and ending on the date that is 1 year after
such date of enactment.
(2) Applicability to certain prior acts.--
(A) In general.--Except as provided in paragraph
(1), the amendments made by this Act shall apply to any
determination of or affecting liability for taxes,
interest, or penalties that is made on or after the
date of the enactment of this Act, even if the conduct
upon which the determination is based occurred before
such date of enactment.
(B) Calculation of correction window in certain
cases.--In the case of an error that would have been
eligible for correction under section 4973(i) or
4974(e) of the Internal Revenue Code of 1986 if tax had
not been imposed under 4973(a) or 4974(a), as the case
may be, of such Code before the date of the enactment
of this Act, the correction window referred to in
sections 4973(i) and 4974(e) of such Code shall be the
period beginning on the date on which such tax was
imposed and ending on the earlier of--
(i) the date on which the Secretary of the
Treasury initiates an audit or otherwise
demands payment with respect to the conduct
described in section 4973(a) or 4974(a), as the
case may be, of such Code; or
(ii) the last day of the second tax year
that begins after the tax year in which the
date of the enactment of this Act occurs.
(c) Implementation.--Section 2 shall be implemented as soon as
reasonably practicable after the enactment of this Act but in no case
later than the date that is 1 year after the date of the enactment of
this Act. | IRA Preservation Act of 2017 This bill modifies the requirements for Individual Retirement Arrangements (IRAs) to: (1) require the Department of the Treasury to provide taxpayers with certain educational materials and notifications, and (2) modify various penalties. Treasury must provide the public with: (1) an overview of the laws and regulations related to IRAs, and (2) examples of common errors with respect to the laws and regulations and instructions on how to avoid the errors. Treasury must also provide individual taxpayers with specified notices that identify critical failure points, inconsistencies, or errors and include advice on avoiding failures or errors. The bill amends the Internal Revenue Code to: reduce penalties for taxpayers who voluntarily correct certain IRA errors, including excess contributions and failures to take required minimum distributions; eliminate the 10% additional tax on early distributions that are attributable to withdrawal of interest or other income earned on excess contributions to an IRA; repeal the tax disqualification penalty (loss of tax-exempt status) for accounts where employees engage in certain prohibited transactions; and revise the statute of limitations for collecting certain taxes in connection with an IRA. | {"src": "billsum_train", "title": "IRA Preservation Act of 2017"} | 3,344 | 240 | 0.631959 | 1.865095 | 0.833215 | 2.662222 | 13.697778 | 0.795556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Emergency
Psychiatric Care Act''.
SEC. 2. EXTENSION AND EXPANSION OF MEDICAID EMERGENCY PSYCHIATRIC
DEMONSTRATION PROJECT.
(a) In General.--Subsection (d) of section 2707 of Public Law 111-
148 (42 U.S.C. 1396a note) is amended to read as follows:
``(d) Length of Demonstration Project.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the demonstration project established under this section shall
be conducted for a period of 3 consecutive years.
``(2) Temporary extension of participation eligibility for
selected states.--
``(A) In general.--Subject to subparagraph (B) and
paragraph (4), a State selected as an eligible State to
participate in the demonstration project on or prior to March
13, 2012, shall, upon the request of the State, be permitted to
continue to participate in the demonstration project through
September 30, 2016, if--
``(i) the Secretary determines that the continued
participation of the State in the demonstration project is
projected not to increase net program spending under title
XIX of the Social Security Act; and
``(ii) the Chief Actuary of the Centers for Medicare &
Medicaid Services certifies that such extension for that
State is projected not to increase net program spending
under title XIX of the Social Security Act.
``(B) Notice of projections.--The Secretary shall provide
each State selected to participate in the demonstration project
on or prior to March 13, 2012, with notice of the determination
and certification made under subparagraph (A) for the State.
``(3) Extension and expansion of demonstration project.--
``(A) Additional extension.--Taking into account the
recommendations submitted to Congress under subsection (f)(3),
the Secretary may permit an eligible State participating in the
demonstration project as of the date such recommendations are
submitted to continue to participate in the project through
December 31, 2019, if, with respect to the State--
``(i) the Secretary determines that the continued
participation of the State in the demonstration project is
projected not to increase net program spending under title
XIX of the Social Security Act; and
``(ii) the Chief Actuary of the Centers for Medicare &
Medicaid Services certifies that the continued
participation of the State in the demonstration project is
projected not to increase net program spending under title
XIX of the Social Security Act.
``(B) Option for expansion to additional states.--Taking
into account the recommendations submitted to Congress pursuant
to subsection (f)(3), the Secretary may expand the number of
eligible States participating in the demonstration project
through December 31, 2019, if, with respect to any new eligible
State--
``(i) the Secretary determines that the participation
of the State in the demonstration project is projected not
to increase net program spending under title XIX of the
Social Security Act; and
``(ii) the Chief Actuary of the Centers for Medicare &
Medicaid Services certifies that the participation of the
State in the demonstration project is projected not to
increase net program spending under title XIX of the Social
Security Act.
``(C) Notice of projections.--The Secretary shall provide
each State participating in the demonstration project as of the
date the Secretary submits recommendations to Congress under
subsection (f)(3), and any additional State that applies to be
added to the demonstration project, with notice of the
determination and certification made for the State under
subparagraphs (A) and (B), respectively, and the standards used
to make such determination and certification--
``(i) in the case of a State participating in the
demonstration project as of the date the Secretary submits
recommendations to Congress under subsection (f)(3), not
later than August 31, 2016; and
``(ii) in the case of an additional State that applies
to be added to the demonstration project, prior to the
State making a final election to participate in the
project.
``(4) Authority to ensure budget neutrality.--The Secretary
annually shall review each participating State's demonstration
project expenditures to ensure compliance with the requirements of
paragraphs (2)(A)(i), (2)(A)(ii), (3)(A)(i), (3)(A)(ii), (3)(B)(i),
and (3)(B)(ii) (as applicable). If the Secretary determines with
respect to a State's participation in the demonstration project
that the State's net program spending under title XIX of the Social
Security Act has increased as a result of the State's participation
in the project, the Secretary shall treat the demonstration project
excess expenditures of the State as an overpayment under title XIX
of the Social Security Act.''.
(b) Funding.--Subsection (e) of section 2707 of such Act (42 U.S.C.
1396a note) is amended--
(1) in the subsection heading, by striking ``Limitations on
Federal'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``5-year''; and
(B) by striking ``through December 31, 2015'' and inserting
``until expended'';
(3) by striking paragraph (3);
(4) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively;
(5) in paragraph (3) (as so redesignated), by striking ``and
the availability of funds'' and inserting ``(other than States
deemed to be eligible States through the application of subsection
(c)(4))''; and
(6) in paragraph (4) (as so redesignated)--
(A) in the first sentence--
(i) by inserting ``(other than a State deemed to be an
eligible State through the application of subsection
(c)(4))'' after ``eligible State''; and
(ii) by striking ``paragraph (4)'' and inserting
``paragraph (3)''; and
(B) by inserting after the first sentence the following:
``In addition to any payments made to an eligible State under
the preceding sentence, the Secretary shall, during any period
in effect under paragraph (2) or (3) of subsection (d), or
during any period in which a law described in subsection
(f)(4)(C) is in effect, pay each eligible State (including any
State deemed to be an eligible State through the application of
subsection (c)(4)), an amount each quarter equal to the Federal
medical assistance percentage of expenditures in the quarter
during such period for medical assistance described in
subsection (a). Payments made to a State for emergency
psychiatric demonstration services under this section during
the extension period shall be treated as medical assistance
under the State plan for purposes of section 1903(a)(1) of the
Social Security Act (42 U.S.C. 1396b(a)(1)).''.
(c) Recommendations to Congress.--Subsection (f) of section 2707 of
such Act (42 U.S.C. 1396a note) is amended by adding at the end the
following:
``(3) Recommendation to congress regarding extension and
expansion of project.--Not later than September 30, 2016, the
Secretary shall submit to Congress and make available to the public
recommendations based on an evaluation of the demonstration
project, including the use of appropriate quality measures,
regarding--
``(A) whether the demonstration project should be continued
after September 30, 2016; and
``(B) whether the demonstration project should be expanded
to additional States.
``(4) Recommendation to congress regarding permanent extension
and nationwide expansion.--
``(A) In general.--Not later than April 1, 2019, the
Secretary shall submit to Congress and make available to the
public recommendations based on an evaluation of the
demonstration project, including the use of appropriate quality
measures, regarding--
``(i) whether the demonstration project should be
permanently continued after December 31, 2019, in 1 or more
States; and
``(ii) whether the demonstration project should be
expanded (including on a nationwide basis).
``(B) Requirements.--Any recommendation submitted under
subparagraph (A) to permanently continue the project in a
State, or to expand the project to 1 or more other States
(including on a nationwide basis) shall include a certification
from the Chief Actuary of the Centers for Medicare & Medicaid
Services that permanently continuing the project in a
particular State, or expanding the project to a particular
State (or all States) is projected not to increase net program
spending under title XIX of the Social Security Act.
``(C) Congressional approval required.--The Secretary shall
not permanently continue the demonstration project in any State
after December 31, 2019, or expand the demonstration project to
any additional State after December 31, 2019, unless Congress
enacts a law approving either or both such actions and the law
includes provisions that--
``(i) ensure that each State's participation in the
project complies with budget neutrality requirements; and
``(ii) require the Secretary to treat any expenditures
of a State participating in the demonstration project that
are excess of the expenditures projected under the budget
neutrality standard for the State as an overpayment under
title XIX of the Social Security Act.
``(5) Funding.--Of the unobligated balances of amounts
available in the Centers for Medicare & Medicaid Services Program
Management account, $100,000 shall be available to carry out this
subsection and shall remain available until expended.''.
(d) Conforming Amendments.--Section 2707 of such Act (42 U.S.C.
1396a note) is amended--
(1) in subsection (a), in the matter before paragraph (1), by
inserting ``publicly or'' after ``institution for mental diseases
that is'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``An eligible State'' and
inserting ``Except as otherwise provided in paragraph (4), an
eligible State'';
(B) in paragraph (3), by striking ``A State shall'' and
inserting ``Except as otherwise provided in paragraph (4), a
State shall''; and
(C) by adding at the end the following:
``(4) Nationwide availability.--In the event that the Secretary
makes a recommendation pursuant to subsection (f)(4) that the
demonstration project be expanded on a national basis, any State
that has submitted or submits an application pursuant to paragraph
(2) shall be deemed to have been selected to be an eligible State
to participate in the demonstration project.''; and
(3) in the heading for subsection (f), by striking ``and
Report'' and inserting ``, Report, and Recommendations''.
(e) Effective Date.--The amendments made by this section shall take
effect on 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. | (This measure has not been amended since it was passed by the House on November 16, 2015. Improving Access to Emergency Psychiatric Care Act (Sec. 2) This bill amends the Patient Protection and Affordable Care Act to revise the length of the emergency psychiatric demonstration project under title XIX (Medicaid) of the Social Security Act that is currently limited to three years. Participation in the demonstration project shall be extended through FY2016 for any requesting states selected for eligibility to participate on or before March 13, 2012, if the Department of Health and Human Services (HHS) determines, and the Centers for Medicare & Medicaid Services (CMS) certify, that a state's participation is projected not to increase net Medicaid program spending. An additional extension through December 31, 2019, may be granted to a state, and the number of states eligible to participate may be expanded through December 31, 2019, if the same fiscal criteria are met. HHS shall review annually each participating state's demonstration project expenditures to ensure budget neutrality. If a state's net programming spending has increased as a result of its participation in the project, HHS shall treat the excess expenditures as an overpayment under Medicaid. This bill also revises certain limitations on federal funding. HHS must submit recommendations to Congress: (1) first on whether the demonstration project should be continued after September 30, 2016, (2) whether it should be expanded to additional states, (3) subsequently on whether it should be permanently continued after December 31, 2019, in one or more states, and (4) finally on whether the demonstration project should be expanded (including on a nationwide basis). $100,000 shall be available for the project from unobligated balances of amounts available in the CMS Program Management account. | {"src": "billsum_train", "title": "Improving Access to Emergency Psychiatric Care Act"} | 2,455 | 371 | 0.715578 | 2.051449 | 0.721308 | 2.854227 | 6.644315 | 0.854227 |
SECTION 1. SHORT TITLE, REFERENCE.
(a) Short Title.--This Act may be cited as the ``S Corporation
Modernization Act of 2015''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. REDUCED RECOGNITION PERIOD FOR BUILT-IN GAINS MADE PERMANENT.
(a) In General.--Section 1374(d)(7) is amended to read as follows:
``(7) Recognition period.--The term `recognition period'
means the 5-year period beginning with the 1st day of the 1st
taxable year for which the corporation was an S corporation.
For purposes of applying this section to any amount includible
in income by reason of distributions to shareholders pursuant
to section 593(e), the preceding sentence shall be applied
without regard to the duration of the recognition period in
effect on the date of such distribution.''.
(b) Effective Date.--The amendment made by this section--
(1) shall apply for purposes of determining the recognition
period with respect to 1st days referred to in section
1374(d)(7) of the Internal Revenue Code of 1986 occurring
before, on, or after January 1, 2015, but
(2) shall not apply for purposes of determining the tax
imposed by section 1374 of such Code for taxable years ending
before such date.
SEC. 3. REPEAL OF EXCESSIVE PASSIVE INVESTMENT INCOME AS A TERMINATION
EVENT.
Section 1362(d)(3) is amended by adding at the end the following
new subparagraph:
``(D) Termination.--This paragraph shall not apply
to taxable years beginning after December 31, 2014.''.
SEC. 4. MODIFICATIONS TO PASSIVE INCOME RULES.
(a) Increased Limit.--
(1) In general.--Section 1375(a)(2) is amended by striking
``25 percent'' and inserting ``60 percent''.
(2) Conforming amendments.--
(A) Section 26(b)(2)(J) is amended by striking ``25
percent'' and inserting ``60 percent''.
(B) Section 1375(b)(1)(A)(i) is amended by striking
``25 percent'' and inserting ``60 percent''.
(C) The heading for section 1375 is amended by
striking ``25 percent'' and inserting ``60 percent''.
(D) The table of sections for part III of
subchapter S of chapter 1 is amended by striking ``25
percent'' in the item relating to section 1375 and
inserting ``60 percent''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 5. EXPANSION OF QUALIFYING BENEFICIARIES OF AN ELECTING SMALL
BUSINESS TRUST.
(a) No Look Through for Eligibility Purposes.--Section
1361(c)(2)(B)(v) is amended by adding at the end the following new
sentence: ``This clause shall not apply for purposes of subsection
(b)(1)(C).''.
(b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2015.
SEC. 6. EXPANSION OF S CORPORATION ELIGIBLE SHAREHOLDERS TO INCLUDE
IRAS.
(a) In General.--Section 1361(c)(2)(A)(vi) is amended to read as
follows:
``(vi) A trust which constitutes an
individual retirement account under section
408(a), including one designated as a Roth IRA
under section 408A.''.
(b) Sale of Stock in IRA Relating to S Corporation Election Exempt
From Prohibited Transaction Rules.--Section 4975(d)(16) is amended to
read as follows:
``(16) a sale of stock held by a trust which constitutes an
individual retirement account under section 408(a) to the
individual for whose benefit such account is established if--
``(A) such sale is pursuant to an election under
section 1362(a) by the issuer of such stock,
``(B) such sale is for fair market value at the
time of sale (as established by an independent
appraiser) and the terms of the sale are otherwise at
least as favorable to such trust as the terms that
would apply on a sale to an unrelated party,
``(C) such trust does not pay any commissions,
costs, or other expenses in connection with the sale,
and
``(D) the stock is sold in a single transaction for
cash not later than 120 days after the S corporation
election is made.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2015.
SEC. 7. ALLOWANCE OF DEDUCTION FOR CHARITABLE CONTRIBUTIONS FOR
ELECTING SMALL BUSINESS TRUSTS.
(a) In General.--Section 641(c)(2)(C) is amended by adding at the
end the following new sentence: ``The deduction for charitable
contributions allowed under clause (i) shall be determined without
regard to section 642(c), and the limitations imposed by section
170(b)(1) on the amount of the deduction shall be applied to the
electing small business trust as if it were an individual.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2014.
SEC. 8. PERMANENT RULE REGARDING BASIS ADJUSTMENT TO STOCK OF S
CORPORATIONS MAKING CHARITABLE CONTRIBUTIONS OF PROPERTY.
(a) In General.--Section 1367(a)(2) is amended by striking the last
sentence.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made in taxable years beginning after December 31,
2014. | S Corporation Modernization Act of 2015 Amends the Internal Revenue Code to revise the tax treatment of S corporations by: (1) permanently reducing from 10 to 5 years the period during which S corporation built-in gains are subject to tax, (2) repealing mandatory termination of S corporation elections for excessive passive investment income, (3) allowing S corporations to increase passive investment income from 25 to 60% without incurring additional tax, (4) allowing nonresident aliens to be potential current beneficiaries of an electing small business trust (ESBT), (5) allowing individual retirement accounts to be S corporation shareholders, (6) allowing ESBTs to claim expanded charitable tax deductions, and (7) making permanent the rule requiring a basis adjustment to stock of an S corporation making charitable contributions of property. | {"src": "billsum_train", "title": "S Corporation Modernization Act of 2015"} | 1,427 | 170 | 0.420674 | 1.195396 | 0.661933 | 1.896104 | 7.357143 | 0.792208 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Real Estate Investment and Jobs Act
of 2011''.
SEC. 2. EXCEPTION FROM FIRPTA FOR CERTAIN STOCK OF REAL ESTATE
INVESTMENT TRUSTS.
(a) In General.--Paragraph (3) of section 897(c) of the Internal
Revenue Code of 1986 is amended--
(1) by striking all that precedes ``If any class'' and
inserting the following:
``(3) Exceptions for certain stock.--
``(A) Exception for stock regularly traded on
established securities markets.--'',
(2) by inserting before the period the following: ``. In
the case of any class of stock of a real estate investment
trust, the preceding sentence shall be applied by substituting
`10 percent' for `5 percent''', and
(3) by adding at the end the following new subparagraph:
``(B) Exception for certain stock in real estate
investment trusts.--
``(i) In general.--Stock of a real estate
investment trust held by a qualified
shareholder shall not be treated as a United
States real property interest except to the
extent that an investor in the qualified
shareholder (other than an investor that is a
qualified shareholder) holds (directly or
indirectly through the qualified shareholder)
more than 10 percent of the stock of such real
estate investment trust.
``(ii) Qualified shareholder.--For purposes
of this subparagraph, the term `qualified
shareholder' means an entity--
``(I) that is eligible for benefits
of a comprehensive income tax treaty
with the United States which includes
an exchange of information program,
``(II) that is a qualified
collective investment vehicle,
``(III) whose principal class of
interests is listed and regularly
traded on one or more recognized stock
exchanges (as defined in such
comprehensive income tax treaty), and
``(IV) that maintains records on
the identity of each person who, at any
time during the qualified shareholder's
taxable year, is the direct owner of
more than 10 percent of the class of
interest described in clause (III).
``(iii) Qualified collective investment
vehicle.--For purposes of this subparagraph,
the term `qualified collective investment
vehicle' means an entity that--
``(I) would be eligible for a
reduced rate of withholding under such
comprehensive income tax treaty with
respect to ordinary dividends paid by a
real estate investment trust, even if
such entity holds more than 10 percent
of the stock of such real estate
investment trust,
``(II) would be classified as a
United States real property holding
corporation (determined without regard
to this paragraph) at any time during
the 5-year period ending on the date of
disposition of or distribution with
respect to the entity's interests in a
real estate investment trust, or
``(III) is designated as such by
the Secretary and is either--
``(aa) fiscally transparent
within the meaning of section
894, or
``(bb) required to include
dividends in its gross income,
but is entitled to a deduction
for distributions to its
investors.''.
(b) Distributions by Real Estate Investment Trusts.--Paragraph (1)
of section 897(h) of the Internal Revenue Code of 1986 is amended--
(1) by striking ``Any distribution'' and inserting the
following:
``(A) In general.--Except as provided in
subparagraph (B), any distribution'',
(2) by inserting ``(10 percent in the case of stock of a
real estate investment trust)'' after ``5 percent of such class
of stock'',
(3) by inserting ``, and any distribution to a qualified
shareholder (as defined in subsection (c)(3)(B)(ii)) shall not
be treated as gain recognized from the sale or exchange of a
United States real property interest to the extent that the
stock of the real estate investment trust held by such
qualified shareholder is not treated as a United States real
property interest under subsection (c)(3)(B)'' before the
period at the end of the second sentence, and
(4) by adding at the end the following new subparagraph:
``(B) Special rule.--Subparagraph (A) shall not
apply to distributions which are treated as a sale or
exchange of stock or property pursuant to section
301(c)(3), 302, or 331.''.
(c) Definition.--Paragraph (4) of section 897(h) of the Internal
Revenue Code of 1986 is amended by adding at the end of subparagraph
(B) the following: ``In determining whether a qualified investment
entity is domestically controlled, any stock in the qualified
investment entity held by another qualified investment entity shall be
treated as held by a foreign person unless such other qualified
investment entity is domestically controlled. In making such a
determination, a qualified investment entity shall be permitted to
presume that stock held by a holder of less than 5 percent of a class
of stock regularly traded on an established securities market in the
United States is held by United States persons throughout the testing
period except to the extent that the qualified investment entity has
actual knowledge regarding stock ownership.''.
(d) Conforming Amendment.--Subparagraph (C) of section 897(c)(6) of
the Internal Revenue Code of 1986 is amended--
(1) by striking ``more than 5 percent'' and inserting
``more than 5 or 10 percent, whichever is applicable,'', and
(2) by striking ``substituting `5 percent' for `50
percent')'' and inserting ``substituting `5 percent or 10
percent, whichever is applicable' for `50 percent')''.
(e) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to dispositions on and after the date of the
enactment of this Act.
(2) Distributions.--The amendments made by subsection (b)
shall apply to any distribution by a real estate investment
trust on or after the date of the enactment of this Act which
is treated as a deduction for a taxable year of such trust
ending after such date.
(3) Definitions.--The amendments made by subsections (c)
and (d) shall take effect on the date of the enactment of this
Act.
SEC. 3. UNITED STATES REAL PROPERTY INTEREST.
(a) United States Real Property Interest.--Subparagraph (B) of
section 897(c)(1) of the Internal Revenue Code of 1986 is amended by
striking all that precedes ``(i) as of the date of the disposition''
and inserting the following:
``(B) Exclusion for interest in certain
corporations.--The term `United States real property
interest' does not include any interest in a
corporation (other than a qualified investment entity
(as defined in subsection (h)(4)(A)(i)) if--''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act. | Real Estate Investment and Jobs Act of 2011 - Amends the Internal Revenue Code to increase from 5% to 10% the allowable ownership interest in real estate investment trust (REIT) stock for purposes of tax exemptions allowed by the Foreign Investment in Real Property Tax Act relating to foreign investment in United States real property interests. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to exempt certain stock of real estate investment trusts from the tax on foreign investments in United States real property interests, and for other purposes."} | 1,610 | 68 | 0.498386 | 1.094358 | 0.893443 | 2.065574 | 23.819672 | 0.852459 |
SECTION 1. UNDER SECRETARY FOR POLICY.
(a) Short Title.--This Act may be cited as the ``Homeland Security
Policy Act of 2005''.
(b) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by redesignating title VI and section 601 as title
XVIII and section 1801, respectively, and transferring that
title to the end of the Homeland Security Act of 2002; and
(2) by inserting after title V, the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``SEC. 601. UNDER SECRETARY FOR POLICY.
``(a) In General.--There shall be in the Department an Under
Secretary for Policy, who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(b) Responsibilities.--Subject to the direction, authority, and
control of the Secretary, the responsibilities of the Under Secretary
for Policy shall be as follows:
``(1) Policy.--
``(A) To serve as the principal policy advisor to
the Secretary.
``(B) To provide overall direction and supervision
for policy development to programs, offices, and
activities of the Department.
``(C) To establish and direct a formal policymaking
process for the Department.
``(D) To analyze, evaluate, and review completed,
ongoing, and proposed programs, to ensure they are
compatible with the Secretary's priorities, strategic
plans, and policies.
``(2) Strategic planning.--
``(A) To conduct long-range, strategic planning for
the Department.
``(B) To prepare national and Department
strategies, as appropriate.
``(C) To conduct net assessments of issues facing
the Department.
``(D) To conduct reviews of the Department to
ensure the implementation of this paragraph.
``(3) International responsibilities.--
``(A) To promote informational and educational
exchange with nations friendly to the United States in
order to promote sharing of best practices and
technologies relating to homeland security, including--
``(i) the exchange of information on
research and development on homeland security
technologies;
``(ii) joint training exercises of first
responders; and
``(iii) exchanging expertise and
information on terrorism prevention, response,
and crisis management.
``(B) To identify areas for homeland security
informational and training exchange where the United
States has a demonstrated weakness and another friendly
nation or nations have a demonstrated expertise.
``(C) To plan and undertake international
conferences, exchange programs (including the exchange
of scientists, engineers, and other experts), and other
training activities.
``(D) To manage international activities within the
Department in coordination with other Federal officials
with responsibility for counterterrorism matters.
``(4) Private sector.--
``(A) To create and foster strategic communications
with the private sector to enhance the primary mission
of the Department to protect the American homeland.
``(B) To advise the Secretary on the impact of the
policies, regulations, processes, and actions of the
Department on the private sector.
``(C) To interface with other relevant Federal
agencies with homeland security missions to assess the
impact of the actions of such agencies on the private
sector.
``(D) To create and manage private sector advisory
councils composed of representatives of industries and
associations designated by the Secretary--
``(i) to advise the Secretary on private
sector products, applications, and solutions as
they relate to homeland security challenges;
and
``(ii) to advise the Secretary on homeland
security policies, regulations, processes, and
actions that affect the participating
industries and associations.
``(E) To work with Federal laboratories, federally
funded research and development centers, other
federally funded organizations, academia, and the
private sector to develop innovative approaches to
address homeland security challenges to produce and
deploy the best available technologies for homeland
security missions.
``(F) To promote existing public-private
partnerships and develop new public-private
partnerships to provide for collaboration and mutual
support to address homeland security challenges.
``(G) To assist in the development and promotion of
private sector best practices to secure critical
infrastructure.
``(H) To coordinate industry efforts, with respect
to functions of the Department, to identify private
sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.
``(I) To coordinate among Department operating
entities and with the Assistant Secretary for Trade
Development of the Department of Commerce on issues
related to the travel and tourism industries.''.
(c) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103--
(A) by redesignating paragraphs (6) through (10) as
paragraphs (7) through (11), respectively; and
(B) by inserting after paragraph (5) the following:
``(6) An Under Secretary for Policy.'';
(2) by striking section 879;
(3) by redesignating sections 880 through 890 as sections
879 through 889, respectively; and
(4) in the table of contents--
(A) by redesignating the items relating to title VI
and section 601 as relating to title XVIII and section
1801, respectively, and transferring the items relating
to that title and section to the end of the table of
contents;
(B) by inserting before the item relating to title
VII the following:
``TITLE VI--UNDER SECRETARY FOR POLICY
``Sec. 601. Under Secretary for Policy.'';
(C) by striking the item relating to section 879;
and
(D) by redesignating the items relating to sections
880 through 890 as relating to sections 879 through
889, respectively. | Homeland Security Policy Act of 2005 - Amends the Homeland Security Act to establish an Under Secretary for Policy in the Department of Homeland Security to serve as the principal policy advisor to the Secretary of Homeland Security. | {"src": "billsum_train", "title": "A bill to establish an Under Secretary for Policy in the Department of Homeland Security, and for other purposes."} | 1,278 | 43 | 0.552005 | 1.155208 | 1.040628 | 3.948718 | 32.589744 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation of Federalism in
Banking Act''.
SEC. 2. STATE LAW PREEMPTION STANDARDS FOR NATIONAL BANKS CLARIFIED.
(a) In General.--Chapter 1 of title LXII of the Revised Statutes of
the United States (12 U.S.C. 21 et seq.) is amended by inserting after
section 5136B the following new section:
``SEC. 5136C. STATE LAW PREEMPTION STANDARDS FOR NATIONAL BANKS AND
SUBSIDIARIES CLARIFIED.
``(a) State Consumer Laws of General Application.--
``(1) In general.--Notwithstanding any other provision of
Federal law, any State consumer law of general application
(including any law relating to unfair or deceptive acts or
practices and any consumer fraud law) shall apply to any
national bank.
``(2) National bank defined.--For purposes of this section,
the term `national bank' includes any Federal branch
established in accordance with the International Banking Act of
1978.
``(b) State Banking Laws Enacted Pursuant to Federal Law.--
``(1) In general.--Notwithstanding any other provision of
Federal law and except as provided in paragraph (2), any State
law that--
``(A) is applicable to State banks; and
``(B) was enacted pursuant to or in accordance
with, and is consistent with, an Act of Congress,
including the Gramm-Leach-Bliley Act and the Consumer
Credit Protection Act, that permits States to exceed or
supplement the requirements of any comparable Federal
law,
shall apply to any national bank.
``(2) Exceptions.--Paragraph (1) shall not apply with
respect to any State law if--
``(A) the State law discriminates against national
banks; or
``(B) the State law is inconsistent with other
provisions of Federal law, but only to the extent of
the inconsistency (as determined in accordance with the
other provision of Federal law).
``(c) No Negative Implications for Applicability of Other State
Laws.--No provision of this section shall be construed as altering or
affecting the applicability, to national banks, of any State law which
is not described in subsection (a) or (b).''.
(b) Denial of Preemption not a Deprivation of a Civil Right.--The
preemption of any provision of the law of any State with respect to any
national bank shall not be treated as a right, privilege, or immunity
for purposes of section 1979 of the Revised Statutes of the United
States (42 U.S.C. 1983).
(c) Clerical Amendment.--The table of sections for chapter 1 of
title LXII of the Revised Statutes of the United States is amended by
inserting after the item relating to section 5136B the following new
item:
``5136C. State law preemption standards for national banks and
subsidiaries clarified.''.
SEC. 3. VISITORIAL STANDARDS.
Section 5136C of the Revised Statutes of the United States (as
added by section 2(a) of this Act) is amended by adding at the end the
following new subsection:
``(d) Visitorial Powers.--No provision of this title which relates
to visitorial powers or otherwise limits or restricts the supervisory,
examination, or regulatory authority to which any national bank is
subject shall be construed as limiting or restricting the authority of
any attorney general (or other chief law enforcement officer) of any
State to bring any action in any court of appropriate jurisdiction--
``(1) to enforce any applicable Federal or State law, as
authorized by such law; or
``(2) on behalf of residents of such State, to enforce any
applicable provision of any Federal or State law against a
national bank, as authorized by such law, or to seek relief and
recover damages for such residents from any violation of any
such law by any national bank.''.
SEC. 4. CLARIFICATION OF LAW APPLICABLE TO STATE-CHARTERED
NONDEPOSITORY INSTITUTION SUBSIDIARIES.
Section 5136C of the Revised Statutes of the United States (as
added by section 2(a) of this Act) is amended by inserting after
subsection (d) (as added by section 3) the following new subsection:
``(e) Clarification of Law Applicable to Nondepository Institution
Subsidiaries of National Banks.--
``(1) In general.--No provision of this title shall be
construed as preempting the applicability of State law to any
State-chartered nondepository institution subsidiary of a
national bank, except to the extent the preemption is
explicitly provided by an Act of Congress.
``(2) Definitions.--For purposes of this section, the
following definitions shall apply:
``(A) Depository institution, subsidiary.--The
terms `depository institution' and `subsidiary' have
the same meanings as in section 3 of the Federal
Deposit Insurance Act.
``(B) Nondepository institution.--The term
`nondepository institution' means any entity that is
not a depository institution.''.
SEC. 5. DATA COLLECTION AND REPORTING.
(a) Collecting and Monitoring Consumer Complaints.--
(1) In general.--The Comptroller of the Currency shall
record and monitor each complaint received directly or
indirectly from a consumer regarding a national bank or any
subsidiary of a national bank and record the resolution of the
complaint.
(2) Factors to be included.--In carrying out the
requirements of paragraph (1), the Comptroller of the Currency
shall include--
(A) the date the consumer complaint was received;
(B) the nature of the complaint;
(C) when and how the complaint was resolved,
including a brief description of the extent, and the
results, of the investigation made by the Comptroller
into the complaint, a brief description of any notices
given and inquiries made to any other Federal or State
officer or agency in the course of the investigation or
resolution of the complaint, a summary of the
enforcement action taken upon completion of the
investigation, and a summary of the results of
subsequent periodic reviews by the Comptroller of the
extent and nature of compliance by such national bank
or subsidiary with the enforcement action; and
(D) if the complaint involves any alleged violation
of a State law (whether or not Federal law preempts the
application of such State law to such national bank) by
such bank, a cite to and a description of the State law
that formed the basis of the complaint.
(b) Report to the Congress.--
(1) Periodic reports required.--The Comptroller of the
Currency shall submit a report semi-annually to the Congress on
the consumer protection efforts of the Office of the
Comptroller of the Currency.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include the following:
(A) The total number of consumer complaints
received by the Comptroller during the period covered
by the report with respect to alleged violations of
consumer protection laws by national banks and
subsidiaries of national banks.
(B) The total number of consumer complaints
received during the reporting period that are based on
each of the following:
(i) Each title of the Consumer Credit
Protection Act (reported as a separate
aggregate number for each such title).
(ii) The Truth in Savings Act.
(iii) The Right to Financial Privacy Act of
1978.
(iv) The Expedited Funds Availability Act.
(v) The Community Reinvestment Act of 1977.
(vi) The Bank Protection Act of 1968.
(vii) Title LXII of the Revised Statutes of
the United States.
(viii) The Federal Deposit Insurance Act.
(ix) The Real Estate Settlement Procedures
Act of 1974.
(x) The Home Mortgage Disclosure Act of
1975.
(xi) Any other Federal law.
(xii) State consumer protection laws
(reported as a separate aggregate number for
each State and each State consumer protection
law).
(xiii) Any other State law (reported
separately for each State and each State law).
(C) A summary description of the resolution efforts
by the Comptroller for complaints received during the
period covered, including--
(i) the average amount of time to resolve
each complaint;
(ii) the median period of time to resolve
each complaint;
(iii) the average and median time to
resolve complaints in each category of
complaints described in each clause of
subparagraph (B); and
(iv) a summary description of the longest
outstanding complaint during the reporting
period and the reason for the difficulty in
resolving such complaint in a more timely
fashion.
(3) Disclosure of report on occ website.--Each report
submitted to the Congress under this subsection shall be
posted, by the Comptroller of the Currency, in a timely fashion
and maintained on the website of the Office of the Comptroller
of the Currency on the World Wide Web. | Preservation of Federalism in Banking Act - Amends the Revised Statutes of the United States to set forth State law preemption standards for national banks and their subsidiaries.
Declares that any State: (1) consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall also apply to any national bank; and (2) law applicable to State banks shall also apply to any national bank if it was enacted pursuant to, or consistent with, Federal law permitting the States to exceed or supplement Federal law requirements.
Prohibits construction of Federal law governing visitorial powers, or otherwise limiting or restricting the supervisory, examination, or regulatory authority to which any national bank is subject, as limiting or restricting the authority of a State attorney general to enforce: (1) any applicable Federal or State law; or (2) on behalf of residents of such State, any applicable provision of any Federal or State law against a national bank, or seek relief and recover damages for such residents from any violation of any such law by any national bank.
Prohibits construction of Federal law governing nondepository institution subsidiaries of national banks as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress.
Directs the Comptroller of the Currency to record and monitor each complaint received from a consumer regarding a national bank or any subsidiary of a national bank as well as the resolution of the complaint. | {"src": "billsum_train", "title": "To clarify the applicability of State law to national banks, and for other purposes."} | 2,057 | 336 | 0.63688 | 1.977661 | 0.873412 | 5.64527 | 6.128378 | 0.942568 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drill Now Act of 2008''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Opened area.--The term ``opened area'' means any area
of the outer Continental shelf that--
(A) before the date of enactment of this Act, was
closed to oil or gas leasing; and
(B) as of the date of enactment of this Act, is
made available for leasing pursuant to section 3(a) and
the amendments made by that section.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. LEASING ON OUTER CONTINENTAL SHELF.
(a) Opening New Offshore Areas to Oil and Gas Development.--
(1) In general.--Sections 104 and 105 of the Department of
the Interior, Environment, and Related Agencies Appropriations
Act, 2008 (Public Law 110-161; 121 Stat. 2118) are repealed.
(2) Eastern gulf of mexico.--Section 104 of the Gulf of
Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public
Law 109-432) is amended to read as follows:
``SEC. 104. DESIGNATION OF NATIONAL DEFENSE AREAS.
``The United States reserves the right to designate by and through
the Secretary of Defense, with the approval of the President, national
defense areas on the outer Continental Shelf pursuant to section 12(d)
of the Outer Continental Shelf Lands Act (43 U.S.C. 1341(d)).''.
(b) Expedited Leasing.--The Secretary may conduct leasing,
preleasing, and related activities for any opened area before June 30,
2012, notwithstanding the omission of the opened area from the Outer
Continental Shelf leasing program developed pursuant to section 18 of
the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the period
ending June 30, 2012.
(c) No Surface Occupancy.--Any lease issued by the Secretary
pursuant to section 8 of the Outer Continental Shelf Lands Act (43
U.S.C. 1337) for any submerged land of the outer Continental Shelf in
any opened area lying within 25 miles of the coastline of any State
shall include a provision prohibiting permanent surface occupancy under
that lease within that 25-mile area.
(d) Disposition of Revenues From Outer Continental Shelf Areas
Opened Under This Section.--
(1) In general.--Notwithstanding section 9 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1338) and subject to the
other provisions of this section, the Secretary of the Treasury
shall deposit rentals, royalties, bonus bids, and other sums
due and payable from any leased tract within an opened area,
and from all other leased tracts in any other area for which
leases are entered into after the date of enactment of this
Act, as follows:
(A) 50 percent in the general fund of the Treasury.
(B) 50 in a special account in the Treasury, for
allocation by the Secretary among the States in
accordance with paragraph (2).
(2) Allocation.--
(A) In general.--For fiscal year 2009 and each
fiscal year thereafter, the amount made available under
paragraph (1)(B) shall be allocated among States in
amounts (based on a formula established by the
Secretary by regulation) that are inversely
proportional to the respective distances between--
(i) the point on the coastline of each
State that is closest to the geographical
center of the applicable leased tract; and
(ii) the geographical center of the leased
tract.
(B) Prohibition on receipt of amounts.--No State
shall receive any amount under this paragraph from a
leased tract if the geographical center of that leased
tract is more than 200 nautical miles from the
coastline of that State.
(3) Administration.--Amounts made available under paragraph
(1)(B) shall--
(A) be made available, without further
appropriation, in accordance with this section;
(B) remain available until expended; and
(C) be in addition to any amounts appropriated
under--
(i) the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.);
(ii) the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 et seq.); or
(iii) any other provision of law.
(e) Judicial Review.--
(1) Filing of complaint.--
(A) Deadline.--Subject to subparagraph (B), any
complaint seeking judicial review of any provision of
this section or any action of the Secretary under this
section or relating to areas opened under the
amendments made by subsection (a) shall be filed in any
appropriate United States district court--
(i) except as provided in clause (ii), not
later than the end of the 90-day period
beginning on the date of the action being
challenged; or
(ii) in the case of a complaint based
solely on grounds arising after that period,
not later than 90 days after the date on which
the complainant knew or reasonably should have
known of the grounds for the complaint.
(B) Venue.--Any complaint seeking judicial review
of an action of the Secretary under this section or
relating to areas opened under subsection (a) may be
filed only in the United States Court of Appeals for
the District of Columbia.
(C) Limitation on scope of certain review.--
(i) In general.--Judicial review of a
decision of the Secretary to conduct a lease
sale for areas opened under the amendments made
by subsection (a), including the environmental
analysis relating to such a decision, shall
be--
(I) limited to whether the
Secretary has complied with the terms
of this section and the Outer
Continental Shelf Lands Act (43 U.S.C.
1331 et seq.); and
(II) based upon the administrative
record of that decision.
(ii) Presumption.--In any judicial review
described in clause (i), the identification by
the Secretary of a preferred course of action
to enable leasing to proceed, and the analysis
of the Secretary of any environmental effects
of that course of action, shall be presumed to
be correct unless shown otherwise by clear and
convincing evidence to the contrary.
(2) Limitation on other review.--Actions of the Secretary
with respect to which review could have been obtained under
this section shall not be subject to judicial review in any
civil or criminal proceeding for enforcement.
(f) Repeal of Restriction on Oil Shale Leasing.--Section 433 of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2152) is
repealed. | Drill Now Act of 2008 - Amends the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2008 to repeal its prohibitions against oil and natural gas preleasing and leasing activities in specified offshore areas, including the North Atlantic, the eastern Gulf of Mexico, and the Mid-Atlantic and South Atlantic planning areas.
Declares that the United States reserves the right to designate national defense areas on the outer Continental Shelf (OCS).
Authorizes the Secretary of the Interior (Secretary) to conduct leasing, preleasing, and related activities for any opened area before June 30, 2012.
Requires any lease issued by the Secretary for submerged land of the OCS in any opened area lying within 25 miles of the coastline of any state to include a prohibition against permanent surface occupancy.
Instructs the Secretary of the Treasury to deposit revenues from tracts leased under this Act into: (1) the general fund of the Treasury; and (2) a special account in the Treasury, for allocation among the states in accordance with prescribed guidelines.
Repeals the prohibition against the use of funds to prepare or publish final regulations regarding a commercial leasing program for oil shale resources on public lands or to conduct an oil shale lease sale. | {"src": "billsum_train", "title": "A bill to authorize and expedite lease sales within the outer Continental Shelf, and for other purposes."} | 1,553 | 273 | 0.668076 | 1.878056 | 0.758983 | 3.864979 | 5.687764 | 0.860759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full Funding Act''.
SEC. 2. AMENDMENT TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--
``(1) In general.--For the purpose of carrying out this
part, other than section 619, there are authorized to be
appropriated--
``(A) $12,872,421,000 or 17.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2016, and there are hereby appropriated
$1,374,573,000 or 1.6 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2016, which shall become available for obligation
on July 1, 2016, and shall remain available through
September 30, 2017;
``(B) $14,411,326,000 or 19.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2017, and there are hereby appropriated
$2,913,478,000 or 3.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2017, which shall become available for obligation
on July 1, 2017, and shall remain available through
September 30, 2018;
``(C) $16,134,207,000 or 21.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2018, and there are hereby appropriated
$4,636,359,000 or 5.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2018, which shall become available for obligation
on July 1, 2018, and shall remain available through
September 30, 2019;
``(D) $18,063,059,000 or 23.2 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2019, and there are hereby appropriated
$6,565,211,000 or 7.1 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2019, which shall become available for obligation
on July 1, 2019, and shall remain available through
September 30, 2020;
``(E) $20,222,507,000 or 25.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2020, and there are hereby appropriated
$8,724,659,000 or 9.3 percent of the amount determined
under paragraph (2), whichever is greater, for fiscal
year 2020, which shall become available for obligation
on July 1, 2020, and shall remain available through
September 30, 2021;
``(F) $22,640,117,000 or 27.8 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, and there are hereby appropriated
$11,142,269,000 or 11.7 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2021, which shall become available for
obligation on July 1, 2021, and shall remain available
through September 30, 2022;
``(G) $25,346,755,000 or 30.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, and there are hereby appropriated
$13,848,907,000 or 14.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2022, which shall become available for
obligation on July 1, 2022, and shall remain available
through September 30, 2023;
``(H) $28,376,972,000 or 33.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, and there are hereby appropriated
$16,879,124,000 or 17.3 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2023, which shall become available for
obligation on July 1, 2023, and shall remain available
through September 30, 2024;
``(I) $31,769,453,000 or 36.5 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, and there are hereby appropriated
$20,271,605,000 or 20.4 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2024, which shall become available for
obligation on July 1, 2024, and shall remain available
through September 30, 2025; and
``(J) $35,567,506,000 or 40 percent of the amount
determined under paragraph (2), whichever is greater,
for fiscal year 2025 and each subsequent fiscal year,
and there are hereby appropriated $35,567,506,000 or 40
percent of the amount determined under paragraph (2),
whichever is greater, for fiscal year 2025 and each
subsequent fiscal year, which--
``(i) shall become available for obligation
with respect to fiscal year 2025 on July 1,
2025, and shall remain available through
September 30, 2026; and
``(ii) shall become available for
obligation with respect to each subsequent
fiscal year on July 1 of that fiscal year and
shall remain available through September 30 of
the succeeding fiscal year.
``(2) Amount.--With respect to each subparagraph of
paragraph (1), the amount determined under this paragraph is
the product of--
``(A) the total number of children with
disabilities in all States who--
``(i) received special education and
related services during the last school year
that concluded before the first day of the
fiscal year for which the determination is
made; and
``(ii) were aged--
``(I) 3 through 5 (with respect to
the States that were eligible for
grants under section 619); and
``(II) 6 through 21; and
``(B) the average per-pupil expenditure in public
elementary schools and secondary schools in the United
States.''.
SEC. 3. OFFSETS.
The amounts appropriated in 611(i) of the Individuals with
Disabilities Education Act (20 U.S.C. 1411(i)), as amended by section 2
of this Act, shall be expended consistent with pay-as-you-go
requirements. | IDEA Full Funding Act Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations for the grant program to assist states and outlying areas in providing special education and related services to children with disabilities. Sets the amount to be authorized and the amount to be appropriated for each fiscal year from FY2016-FY2024 as the greater of: (1) a specified amount, or (2) a specified percentage of an amount determined pursuant to a formula that multiplies the number of children receiving special education services by the average per-pupil expenditure in public elementary and secondary schools. Authorizes and appropriates funds for FY2025 and each subsequent fiscal year equal to the greater of a specified amount or 40% of the amount determined using such formula. Requires amounts appropriated to be expended consistent with pay-as-you-go requirements. | {"src": "billsum_train", "title": "IDEA Full Funding Act"} | 1,301 | 196 | 0.465492 | 1.232852 | 0.763949 | 2.493827 | 7.746914 | 0.777778 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Brownfields Economic Development Act
of 2001''.
SEC. 2. ECONOMIC DEVELOPMENT GRANTS.
Section 108(q) of the Housing and Community Development Act of 1974
(42 U.S.C. 5308(q)) is amended--
(1) in paragraph (2), by striking ``Assistance'' and
inserting ``Except as provided in paragraph (5), assistance'';
(2) in paragraph (3), by striking ``Eligible'' and
inserting ``Except as provided in paragraph (5), eligible'';
and
(3) by adding at the end the following:
``(5) Brownfields redevelopment grants.--
``(A) Grant authority.--Notwithstanding paragraph
(1), of amounts made available to carry out this
subsection, the Secretary may make grants, on a
competitive basis, to eligible public entities and
federally recognized Indian tribes for the
redevelopment of brownfield sites, independent of any
note or other obligation guaranteed under subsection
(a).
``(B) Set-aside.--Of the amounts made available for
grants under this paragraph, the Secretary shall set
aside not less than 10 percent and not more than 30
percent, which shall be used for brownfield site
redevelopment in nonentitlement areas and by federally
recognized Indian tribes.
``(C) Brownfield site definition.--
``(i) In general.--The term `brownfield
site' means real property, the expansion,
redevelopment, or reuse of which may be
complicated by the presence or potential
presence of--
``(I) a hazardous substance (as
defined in section 101 of the
Comprehensive Environmental Response,
Compensation, and Liability Act of 1980
(42 U.S.C. 9601)); or
``(II) any other pollutant or
contaminant, as determined by the
Secretary, in consultation with the
Administrator of the Environmental
Protection Agency.
``(ii) Exclusions.--Except as provided in
clause (iii), the term `brownfield site' does
not include--
``(I) a facility that is the
subject of a planned or ongoing removal
action under the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.);
``(II) a facility that is listed on
the National Priorities List, or is
proposed for listing, under that Act;
``(III) a facility that is the
subject of a unilateral administrative
order, a court order, an administrative
order on consent or judicial consent
decree that has been issued to or
entered into by the parties under that
Act;
``(IV) a facility that is the
subject of a unilateral administrative
order, a court order, an administrative
order on consent or judicial consent
decree that has been issued to or
entered into by the parties, or a
facility to which a permit has been
issued by the United States or an
authorized State under--
``(aa) the Solid Waste
Disposal Act (42 U.S.C. 6901 et
seq.);
``(bb) the Federal Water
Pollution Control Act (33
U.S.C. 1321);
``(cc) the Toxic Substances
Control Act (15 U.S.C. 2601 et
seq.); or
``(dd) the Safe Drinking
Water Act (42 U.S.C. 300f et
seq.);
``(V) a facility that--
``(aa) is subject to
corrective action under section
3004(u) or 3008(h) of the Solid
Waste Disposal Act (42 U.S.C.
6924(u), 6928(h)); and
``(bb) to which a
corrective action permit or
order has been issued or
modified to require the
implementation of corrective
measures;
``(VI) a land disposal unit with
respect to which--
``(aa) a closure
notification under subtitle C
of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) has
been submitted; and
``(bb) closure requirements
have been specified in a
closure plan or permit;
``(VII) a facility that is subject
to the jurisdiction, custody, or
control of a department, agency, or
instrumentality of the United States,
except for land held in trust by the
United States for an Indian tribe;
``(VIII) a portion of a facility--
``(aa) at which there has
been a release of
polychlorinated biphenyls; and
``(bb) that is subject to
remediation under the Toxic
Substances Control Act (15
U.S.C. 2601 et seq.); or
``(IX) a portion of a facility, for
which portion, assistance for response
activity has been obtained under
subtitle I of the Solid Waste Disposal
Act (42 U.S.C. 6991 et seq.) from the
Leaking Underground Storage Tank Trust
Fund established under section 9508 of
the Internal Revenue Code of 1986.
``(iii) Site-by-site inclusions.--The term
`brownfield site', with respect to the
provision of financial assistance, includes a
site referred to in subclause (I), (IV), (V),
(VI), (VIII), or (IX) of clause (ii), if, on a
site-by-site basis, the Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, determines
that use of the financial assistance at the
site will--
``(I) protect human health and the
environment; and
``(II)(aa) promote economic
development; or
``(bb) enable the creation of,
preservation of, or addition to parks,
greenways, undeveloped property, other
recreational property, or other
property used for nonprofit purposes.
``(D) Additional inclusions.--For purposes of
subparagraph (C), the term `brownfield site' includes a
site that meets the definition of `brownfield site'
under clauses (i) through (iii) of subparagraph (C)
that--
``(i) is contaminated by a controlled
substance (as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802));
``(ii)(I) is contaminated by petroleum or a
petroleum product excluded from the definition
of `hazardous substance' under section 101 of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42
U.S.C. 9601); and
``(II) is a site determined by the
Secretary, in consultation with the
Administrator of the Environmental Protection
Agency, to be--
``(aa) of relatively low risk, as
compared with other petroleum-only
sites in the State in which the site is
located; and
``(bb) a site for which there is no
viable responsible party and that will
be assessed, investigated, or cleaned
up by a person that is not potentially
liable for cleaning up the site; and
``(III) is not subject to any order issued
under section 9003(h) of the Solid Waste
Disposal Act (42 U.S.C. 6991b(h)); or
``(iii) is mine-scarred land.''. | Brownfields Economic Development Act of 2001 - Amends the Housing and Community Development Act of 1974 to authorize the Secretary of Housing and Urban Development to make grants to eligible public entities and federally recognized Indian tribes for the redevelopment of brownfield sites, independent of notes or obligations guaranteed for the acquisition of property.Defines a "brownfield site," with exceptions, as real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance or pollutant. Allows inclusions of sites otherwise excluded from consideration: (1) on a site-by-site basis if financial assistance will protect human health and the environment and promote economic development or facilitate the protection of parks, greenways, or other property used for nonprofit purposes; (2) that were contaminated by a controlled substance; (3) that are certain low-risk petroleum-contaminated sites; or (4) that are mine-scarred land. | {"src": "billsum_train", "title": "A bill to promote brownfields redevelopment in urban and rural areas and spur community revitalization in low-income and moderate-income neighborhoods."} | 1,698 | 203 | 0.623909 | 1.754904 | 0.930697 | 3.165746 | 8.314917 | 0.889503 |
TITLE I--AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE
SEC 101. SHORT TITLE.
This title may be cited as the ``Spousal Equity in Bankruptcy
Amendments of 1994''.
SEC. 102. AMENDMENTS.
(a) Relief From Automatic Stay.--Section 362(b)(2) of title 11,
United States Code, is amended to read as follows:
``(2) under subsection (a) of this section--
``(A) of the commencement or continuation of an
action or proceeding for--
``(i) the establishment of paternity; or
``(ii) the establishment or modification of
an order for alimony, maintenance, or support;
or
``(B) of the collection of alimony, maintenance, or
support from property that is not property of the
estate;''.
(b) Priority of Claims.--(1) Section 507 of title 11, United States
Code, is amended--
(A) in subsection (a)--
(i) in paragraph (8) by striking ``(8) Eighth'' and
inserting ``(9) Ninth'',
(ii) in paragraph (7) by striking ``(7) Seventh''
and inserting ``(8) Eighth'', and
(iii) by inserting after paragraph (6) the
following:
``(7) Seventh, allowed unsecured claims due to a spouse,
former spouse, or child of the debtor for alimony to,
maintenance for, or support of such spouse or child, in
connection with a separation agreement, divorce decree, or
other order of a court of record, a determination made in
accordance with State or territorial law by a governmental
unit, or a property settlement agreement, but not to the extent
that--
``(A) such debt is assigned to another entity,
voluntarily, by operation of law, or otherwise (other
than debts assigned pursuant to section 402(a)(26) of
the Social Security Act, or any such debt which has
been assigned to the Federal Government or to a State
or any political subdivision of such State); or
``(B) such debt includes a liability designated as
alimony, maintenance, or support, unless such liability
is actually in the nature of alimony, maintenance or
support;'', and
(B) in subsection (d) by striking ``or (6)'' and inserting
``(6), or (7)''.
(2) Title 11 of the United States Code is amended--
(A) in sections 502(i), 503(b)(1)(B)(i), 523(a)(1)(A), and
1123(a)(1) by striking ``507(a)(7)'' and inserting
``507(a)(8)'',
(B) in section 724(b)(2) by striking ``or 507(a)(6)'' and
inserting ``507(a)(6), or 507(a)(7)'',
(C) in section 726(b) by striking ``or (7)'' and inserting
``, (7), or (8)'', and
(D) in section 1129(a)(9)--
(i) in subparagraph (B) by striking ``or
507(a)(6)'' and inserting ``, 507(a)(6), or
507(a)(7)'', and
(ii) in subparagraph (C) by striking ``507(a)(7)''
and inserting ``507(a)(8)''.
(c) Protection of Liens.--Section 522(f)(1) of title 11, United
States Code, is amended to read as follows:
``(1) a judicial lien (other than a judicial lien that
secures a debt to a spouse, former spouse, or child of the
debtor, for alimony to, maintenance for, or support of the
spouse or child, in connection with a separation agreement,
divorce decree or other order of a court of record,
determination made in accordance with State or territorial law
by a governmental unit, or property settlement agreement, to
the extent that the debt--
``(A) is not assigned to another entity,
voluntarily, by operation of law, or otherwise; and
``(B) includes a liability designated as alimony,
maintenance, or support, unless such liability is
actually in the nature of alimony, maintenance or
support).''.
(d) Exception to Discharge.--Section 523 of title 11, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (11) by striking ``or'' at the
end,
(B) in paragraph (12) by inserting ``or'' after the
semicolon at the end, and
(C) by adding at the end the following:
``(13) assumed or incurred by the debtor in the course of a
divorce or separation or in connection with a separation
agreement, divorce decree or other order of a court of record,
a determination made in accordance with State or territorial
law by a governmental unit, or property settlement agreement,
unless--
``(A) excepting such debt from discharge under this
paragraph would impose an undue hardship for the
debtor; and
``(B) discharging such debt would result in a
benefit to the debtor that outweighs the detrimental
consequences to a spouse, former spouse, or child of
the debtor.'', and
(2) in subsection (c)(1) by striking ``or (6)'' each place
it appears and inserting ``, or (13)''.
(e) Protection Against Trustee Avoidance.--Section 547(c) of title
11, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (6);
(2) by redesignating paragraph (7) as paragraph
(8); and
(3) by inserting after paragraph (6) the following
new paragraph:
``(7) to the extent that the transfer was a bona fide
payment of a debt to a spouse, former spouse, or child of the
debtor, for alimony to, maintenance for, or support of such
spouse or child, in connection with a separation agreement,
divorce decree or other order of a court of record,
determination made in accordance with State or territorial law
by a governmental unit, or property settlement agreement, but
not to the extent that such debt--
``(A) is assigned to another entity, voluntarily,
by operation of law, or otherwise; or
``(B) includes a liability designated as alimony,
maintenance, or support, unless such liability is
actually in the nature of alimony, maintenance or
support; or''.
(f) Appearance Before Court.--A child support creditor or its
representative shall be permitted to appear and intervene without
charge and without meeting any special local court rule requirement for
attorney appearances in any bankruptcy proceeding in any bankruptcy
court or district court of the United States if the creditor or
representative files with the court a statement describing in detail
the child support debt, its status, and other characteristics.
TITLE II--BANKRUPTCY REVIEW COMMISSION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Bankruptcy Review
Commission Act''.
SEC. 202. ESTABLISHMENT.
There is established the National Bankruptcy Review Commission
(referred to as the ``Commission'').
SEC. 203. DUTIES OF THE COMMISSION.
The duties of the Commission are--
(1) to investigate and study issues and problems relating
to title 11, United States Code (commonly known as the
``Bankruptcy Code'');
(2) to evaluate the advisability of proposals and current
arrangements with respect to such issues and problems;
(3) to prepare and submit to the Congress, the Chief
Justice, and the President a report in accordance with section
208;
(4) to solicit divergent views of all parties concerned
with the operation of the bankruptcy system; and
(5) to study the impact of the bankruptcy laws on the
family and particularly on the increase in the number of women
and children living in poverty after divorce.
SEC. 204. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 10
members appointed from among individuals who have experience and
expertise in bankruptcy law as follows:
(1) Four members appointed by the President, one of whom
shall be designated as chairman by the President.
(2) One member shall be appointed by the President pro
tempore of the Senate.
(3) One member shall be appointed by the Minority Leader of
the Senate.
(4) One member shall be appointed by the Speaker of the
House of Representatives.
(5) One member shall be appointed by the Minority Leader of
the House of Representatives.
(6) Two members appointed by the Chief Justice.
(b) Term.--Members of the Commission shall be appointed for the
life of the Commission.
(c) Quorum.--Six members of the Commission shall constitute a
quorum, but a lesser number may conduct meetings.
(d) Appointment Deadline.--The first appointments made under
subsection (a) shall be made within 60 days after the date of enactment
of this Act.
(e) First Meeting.--The first meeting of the Commission shall be
called by the chairman and shall be held within 90 days after the date
of enactment of this Act.
(f) Vacancy.--A vacancy on the Commission resulting from the death
or resignation of a member shall not affect its powers and shall be
filled in the same manner in which the original appointment was made.
(g) Continuation of Membership.--If any member of the Commission
who was appointed to the Commission as a member of Congress or as an
officer or employee of a government leaves that office, or if any
member of the Commission who was not appointed in such a capacity
becomes an officer or employee of a government, the member may continue
as a member of the Commission for not longer than the 90-day period
beginning on the date the member leaves that office or becomes such an
officer or employee, as the case may be.
(h) Consultation Prior to Appointment.--Prior to the appointment of
members of the Commission, the President, the President pro tempore of
the Senate, the Speaker of the House of Representatives, and the Chief
Justice shall consult with each other to ensure fair and equitable
representation of various points of view in the Commission and its
staff.
SEC. 205. COMPENSATION OF THE COMMISSION.
(a) Pay.--
(1) Nongovernment employees.--Each member of the Commission
who is not otherwise employed by the United States Government
shall be entitled to receive the daily equivalent of the annual
rate of basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which he or she is
engaged in the actual performance of duties as a member of the
Commission.
(2) Government employees.--A member of the Commission who
is an officer or employee of the United States Government shall
serve without additional compensation.
(b) Travel.--Members of the Commission shall be reimbursed for
travel, subsistence, and other necessary expenses incurred by them in
the performance of their duties.
SEC. 206. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The chairman of the Commission may,
without regard to the civil service laws and regulations,
appoint, and terminate an executive director and such other
personnel as are necessary to enable the Commission to perform
its duties. The employment of an executive director shall be
subject to confirmation by the Commission.
(2) Compensation.--The chairman of the Commission may fix
the compensation of the executive director and other personnel
without regard to the provisions of chapter 51 and subchapter
II of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the executive director and
other personnel may not exceed the rate payable for level V of
the Executive Schedule under section 5316 of that title.
(b) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
SEC. 207. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on authorization of
the Commission, a member of the Commission, may hold such hearings, sit
and act at such time and places, take such testimony, and receive such
evidence, as the Commission considers appropriate. The Commission or a
member of the Commission may administer oaths or affirmations to
witnesses appearing before it.
(b) Official Data.--The Commission may secure directly from any
Federal department, agency, or court information necessary to enable it
to carry out this title. Upon request of the chairman of the
Commission, the head of a Federal department or agency or chief judge
of a Federal court shall furnish such information, consistent with law,
to the Commission.
(c) Facilities and Support Services.--The Administrator of General
Services shall provide to the Commission on a reimbursable basis such
facilities and support services as the Commission may request. Upon
request of the Commission, the head of a Federal department or agency
may make any of the facilities or services of the agency available to
the Commission to assist the Commission in carrying out its duties
under this title.
(d) Expenditures and Contracts.--The Commission or, on
authorization of the Commission, a member of the Commission may make
expenditures and enter into contracts for the procurement of such
supplies, services, and property as the Commission or member considers
appropriate for the purposes of carrying out the duties of the
Commission. Such expenditures and contracts may be made only to such
extent or in such amounts as are provided in appropriation Acts.
(e) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other Federal departments
and agencies of the United States.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 208. REPORT.
The Commission shall submit to the Congress, the Chief Justice, and
the President a report not later than 2 years after the date of its
first meeting. The report shall contain a detailed statement of the
findings and conclusions of the Commission, together with its
recommendations for such legislative or administrative action as it
considers appropriate.
SEC. 209. TERMINATION.
The Commission shall cease to exist on the date that is 30 days
after the date on which it submits its report under section 208.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 to carry out this
title.
HR 4711 IH----2 | TABLE OF CONTENTS:
Title I: Amendments to Title 11 of the United States
Code
Title II: Bankruptcy Review Commission
Title I: Amendments to Title 11 of the United States Code
- Spousal Equity in Bankruptcy Amendments of 1994 - Amends Federal bankruptcy law to provide that filing a petition in bankruptcy does not operate as an automatic stay from actions for: (1) paternity; or (2) alimony, maintenance, or support (including actions for collection from property that is not property of the estate).
Includes unsecured claims for alimony, maintenance, or support among priority claims and expenses (thus lifting them from their current status of general, unsecured debts).
Prohibits a debtor from avoiding a judicial lien that secures a debt for alimony, maintenance, or support.
States that a bankrupt debtor is not discharged from any debt incurred in connection with a divorce or separation agreement.
Prohibits a bankruptcy trustee from avoiding a transfer that is a bona fide debt for alimony, maintenance, or support.
Permits a child support creditor to appear before the court in any Federal bankruptcy proceeding without charge and without meeting local requirements for attorney appearances if the creditor or representative files a detailed child support debt statement.
Title II: Bankruptcy Review Commission
- National Bankruptcy Review Commission Act - Establishes the National Bankruptcy Review Commission to study and report to the Congress, the Chief Justice, and the President on bankruptcy issues and the impact of the bankruptcy laws upon women and children living in poverty after divorce. Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title 11 of the United States Code to with respect to certain debts in connection with divorce or separation; to establish a commission to analyze bankruptcy issues; and for other purposes."} | 3,349 | 363 | 0.566102 | 1.653583 | 0.828209 | 3.254125 | 9.963696 | 0.891089 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Pharmacy Preservation Act
of 2004''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES
NEGOTIATING WITH HEALTH PLANS.
(a) In General.--Any independent pharmacies who are engaged in
negotiations with a health plan regarding the terms of any contract
under which the pharmacies provide health care items or services for
which benefits are provided under such plan shall, in connection with
such negotiations, be entitled to the same treatment under the
antitrust laws as the treatment to which bargaining units which are
recognized under the National Labor Relations Act are entitled in
connection with such collective bargaining. Such a pharmacy shall, only
in connection with such negotiations, be treated as an employee engaged
in concerted activities and shall not be regarded as having the status
of an employer, independent contractor, managerial employee, or
supervisor.
(b) Protection for Good Faith Actions.--Actions taken in good faith
reliance on subsection (a) shall not be the subject under the antitrust
laws of criminal sanctions nor of any civil damages, fees, or penalties
beyond actual damages incurred.
(c) Limitation.--
(1) No new right for collective cessation of service.--The
exemption provided in subsection (a) shall not confer any new
right to participate in any collective cessation of service to
patients not already permitted by existing law.
(2) No change in national labor relations act.--This
section applies only to independent pharmacies excluded from
the National Labor Relations Act. Nothing in this section shall
be construed as changing or amending any provision of the
National Labor Relations Act, or as affecting the status of any
group of persons under that Act.
(d) Effective Date.--The exemption provided in subsection (a) shall
apply to conduct occurring beginning on the date of the enactment of
this Act.
(e) Limitation on Exemption.--Nothing in this section shall exempt
from the application of the antitrust laws any agreement or otherwise
unlawful conspiracy that excludes, limits the participation or
reimbursement of, or otherwise limits the scope of services to be
provided by any independent pharmacy or group of independent pharmacies
with respect to the performance of services that are within their scope
of practice as defined or permitted by relevant law or regulation.
(f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in
this section shall be construed to affect the application of title VI
of the Civil Rights Act of 1964.
(g) No Application to Federal Programs.--Nothing in this section
shall apply to negotiations between independent pharmacies and health
plans pertaining to benefits provided under any of the following:
(1) The Medicaid Program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) The SCHIP program under title XXI of the Social
Security Act (42 U.S.C. 1397aa et seq.).
(3) Chapter 55 of title 10, United States Code (relating to
medical and dental care for members of the uniformed services).
(4) Chapter 17 of title 38, United States Code (relating to
Veterans' medical care).
(5) Chapter 89 of title 5, United States Code (relating to
the Federal employees' health benefits program).
(6) The Indian Health Care Improvement Act (25 U.S.C. 1601
et seq.).
(h) Definitions.--For purposes of this section:
(1) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given it in subsection (a) of
the first section of the Clayton Act (15 U.S.C. 12(a)),
except that such term includes section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to the extent such
section 5 applies to unfair methods of competition; and
(B) includes any State law similar to the laws
referred to in subparagraph (A).
(2) Health plan and related terms.--
(A) In general.--The term ``health plan'' means a
group health plan or a health insurance issuer that is
offering health insurance coverage.
(B) Health insurance coverage; health insurance
issuer.--The terms ``health insurance coverage'' and
``health insurance issuer'' have the meanings given
such terms under paragraphs (1) and (2), respectively,
of section 733(b) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191b(b)).
(C) Group health plan.--The term ``group health
plan'' has the meaning given that term in section
733(a)(1) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1191b(a)(1)).
(3) Independent pharmacy.--The term ``independent
pharmacy'' means a pharmacy which is not owned (or operated) by
a publicly traded company. For purposes of the previous
sentence, the term ``publicly traded company'' means a company
that is an issuer within the meaning of section 2(a)(7) of the
Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)).
SEC. 3. REQUIREMENTS RELATING TO PHARMACY BENEFIT MANAGERS.
(a) Prohibition on Cross Ownership.--
(1) In general.--No pharmaceutical drug manufacturer may
have a controlling interest in an entity that is a pharmacy
benefit manager.
(2) Penalty.--The Secretary of Health and Human Services
may issue such civil penalties for a violation of paragraph (1)
as the Secretary of Health and Human Services determines
necessary.
(b) Drug Interchange.--
(1) Prohibitions.--
(A) Cost increase.--A pharmacy benefit manager
shall not make any drug interchange proposal for an
individual who is served by such manager where the net
cost of the drug to which the prescription would be
changed exceeds that of the drug from which the
prescription would be changed.
(B) Disclosure to individual.--A pharmacy benefit
manager shall not make any drug interchange for an
individual who is served by such manager unless the
pharmacy benefit manager discloses to the individual,
in a clear and conspicuous manner, the savings to the
individual associated with such interchange.
(C) Generics.--A pharmacy benefit manager shall not
make any drug interchange proposal for an individual
who is served by such manager if the drug from which
the prescription would be changed has generic
equivalents and the drug to which the prescription
would be changed has no generic equivalents, unless the
drug to which the prescription would be changed has a
lower net cost to the individual than does each of the
generic equivalents of the drug from which the
prescription would be changed.
(2) Penalty.--A pharmacy benefit manager that violates
subparagraph (A), (B), or (C) of paragraph (1) with respect to
an individual and presents a claim for payment to the United
States Government as reimbursement for services to such
individual, shall be considered in violation of section 3729 of
title 31, United States Code.
(c) Disclosure of Compensation From Drug Manufacturers.--
(1) Quarterly and annual disclosures.--At the end of each
fiscal year quarter, each pharmacy benefit manager shall
disclose--
(A) to the client plans of such manager and to the
Antitrust Division of the Department of Justice, all
compensation and remuneration that the pharmacy benefit
manager received during such fiscal year quarter from a
pharmaceutical drug manufacturer, including, regardless
of how categorized, market share incentives,
commissions, mail service purchase discounts, and
administrative or management fees; and
(B) to the client plans of such manager, any fees
received for sales of utilization data to a
pharmaceutical drug manufacturer.
(2) Disclosure at contracting stage.--Each pharmacy benefit
manager shall disclose to each client plan and prospective
client plan of such manager, in advance of executing an
agreement with such plan, information relating to the pharmacy
benefit manager's methodology of soliciting and receiving
payments from pharmaceutical drug manufacturers.
(d) Definitions.--For purposes of this section:
(1) Client plan.--The term ``client plan'' means a
pharmaceutical plan in which the entity that offers such plan
to its beneficiaries contracts directly with a pharmacy benefit
manager to provide or administer such plan.
(2) Drug interchange.--The term ``drug interchange'' means
any change from one prescription drug to another prescription
drug that is intended to address or treat the same illness or
condition.
SEC. 4. COMMUNITY PHARMACY ACCESS STANDARDS UNDER THE MEDICARE
OUTPATIENT PRESCRIPTION DRUG PROGRAM.
In establishing rules under subparagraph (C) of section 1860D-
4(b)(1) of the Social Security Act, as added by the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173), for convenient access to non-mail-order pharmacies
consistent with the application of standards under clause (ii) of such
subparagraph, the Secretary of Health and Human Services shall provide
for application of the following standards:
(1)(A) In each urban area, at least 90 percent of Medicare
beneficiaries in a plan's service area, on average, live within
2 miles of a retail pharmacy participation in the prescription
drug plan's or MA-PD plan's network.
(B) In each suburban area, at least 90 percent of Medicare
beneficiaries in a plan's service area, on average, live within
5 miles of a retail pharmacy participation in the prescription
drug plan's or MA-PD plan's network.
(C) In each rural area, at least 70 percent of Medicare
beneficiaries in a plan's service area, on average, live within
15 miles of a retail pharmacy participation in the prescription
drug plan's or MA-PD plan's network.
(D) There shall be no averaging of such distances across or
among urban, suburban, and rural areas.
(2) The rules shall require plans to measure traveling
distances from beneficiaries' homes to community pharmacies
based on commonly traveled routes. | Community Pharmacy Preservation Act of 2004 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.
Prohibits any pharmaceutical drug manufacturer from having a controlling interest in an entity that is a pharmacy benefit manager. Requires pharmacy benefit managers to disclose all compensation from drug manufacturers. Prohibits pharmacy benefit managers from making certain drug interchanges: (1) to a drug with a greater cost; (2) without disclosure to the individual; or (3) from a drug with generic equivalents to a drug without generic equivalents, unless the latter is lower in cost than each of the generic equivalents of the drug from which the prescription would be changed.
Directs the Secretary of Health and Human Services to apply specified standards for community pharmacy access under the Medicare outpatient prescription drug program. | {"src": "billsum_train", "title": "To ensure and foster continued patient safety and quality of care by making the antitrust laws apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act, to ensure integrity in the operation of pharmacy benefit managers, and to preserve access standards to community pharmacies under the Medicare outpatient prescription drug program."} | 2,212 | 199 | 0.557635 | 1.53476 | 0.766119 | 3.220339 | 11.299435 | 0.903955 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Teacher Retention Act of
2007''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) More than 8,000,000 children, representing 21 percent
of all public school children in the United States, attend
public schools in rural areas.
(2) There are 24,123 public schools in rural areas of the
United States, representing 31 percent of all public schools.
(3) More than 400,000 educators, or 31 percent of all
public school teachers, teach in rural schools.
(4) Rural school teachers earn approximately 14 percent
less than their counterparts in other regions.
(5) Despite lower salaries, rural school teachers typically
teach multiple subjects and perform their jobs with fewer
resources than their counterparts in other regions.
(6) One of the most critical challenges facing rural school
districts is in attracting and retaining qualified teachers.
(7) Rural school districts tend to have higher teacher
turnover rates than school districts in other regions.
(8) High teacher turnover has a negative impact on student
performance, school district performance, and the ability of
teachers to become highly qualified.
SEC. 3. DEFINITIONS.
In this Act:
(1) Child with a disability.--The term ``child with a
disability'' has the meaning given the term in section 602 of
the Individuals with Disabilities Education Act (20 U.S.C.
1401).
(2) Highly qualified.--Except as provided in paragraph (3),
the term ``highly qualified'' when used with respect to a
teacher, has the meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) Highly qualified special education teacher.--The term
``highly qualified'' when used with respect to a special
education teacher, has the meaning given the term in section
602 of the Individuals with Disabilities Education Act.
(4) Limited english proficient.--The term ``limited English
proficient'' has the meaning given the term in section 9101 of
the Elementary and Secondary Education Act of 1965.
(5) Low-income student.--The term ``low-income student''
means a child eligible to be counted under section
1124(c)(1)(A) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6333(c)(1)(A)).
(6) Migratory child.--The term ``migratory child'' has the
meaning given the term in section 1309 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6399).
(7) Rural local educational agency.--
(A) In general.--Subject to subparagraph (B), the
term ``rural local educational agency'' means a local
educational agency that--
(i)(I) is described in section 6211(b),
6221(b)(1), or 9101(26)(C) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
7345(b), 7351(b)(1), 7801(26)(C)); or
(II) serves a high number or percentage of
children who are Native Hawaiian as defined in
section 7207(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7517(1)); and
(ii) has experienced a teacher turnover
rate of not less than 10 percent of all the
teachers teaching in the schools served by the
local educational agency in any of the 3
academic years preceding the date of enactment
of this Act.
(B) County rule.--If a local educational agency
serves 2 or more counties in their entirety, then each
county shall be treated as if such county were a
separate local educational agency for purposes of
determinations under subparagraph (A).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 4. PILOT PROGRAM AUTHORIZED.
(a) Grants.--From amounts appropriated under section 6 for each
fiscal year, the Secretary shall carry out a 5-year pilot program under
which the Secretary awards grants, on a competitive basis, to not more
than 10 States to enable the States to award salary bonuses to highly
qualified teachers or highly qualified special education teachers who
teach, or commit to teach, for at least 3 academic years, in an
elementary school or secondary school served by the same rural local
educational agency.
(b) Award Basis.--The Secretary shall award grants under this
section on the basis of the needs of rural local educational agencies
within a State for recruiting and retaining highly qualified teachers
or highly qualified special education teachers.
(c) Consideration of Needs.--In determining the needs of rural
local educational agencies for recruiting and retaining highly
qualified teachers and highly qualified special education teachers
under subsection (b), the Secretary shall consider 1 or more of the
following:
(1) The eligibility of a rural local educational agency for
assistance under part B of title VI of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7341 et seq.).
(2) The impact on a rural local educational agency of low-
income students who are served by the rural local educational
agency.
(3) The impact on a rural local educational agency of
limited English proficient students who are served by the rural
local educational agency.
(4) The impact on a rural local educational agency of
migrant students who are served by the rural local educational
agency.
(5) The number or percentage of rural local educational
agencies described in section 9101(26)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(26)(C)).
(6) The impact on a rural local educational agency of
children with a disability who are served by the rural local
educational agency.
(7) The long-term plans of a State to improve the
recruitment and retention of highly qualified teachers and
highly qualified special education teachers in rural local
educational agencies within the State.
(d) Application.--A State that desires to receive a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may require. The application shall contain a plan for the proposed
distribution and use of the grant funds among rural local educational
agencies within the State.
(e) Use of Funds.--Grant funds under this section shall be used to
provide salary bonuses for highly qualified teachers or highly
qualified special education teachers who teach, or commit to teach, for
at least 3 academic years, in an elementary school or secondary school
served by the same rural local educational agency.
SEC. 5. STUDY AND REPORTS.
(a) Study.--
(1) In general.--The Secretary shall carry out a study of
each project that is funded under this Act. The study shall
track and assess the implementation and effectiveness of each
project.
(2) Reservation of funds.--From the amount appropriated
under section 6 for fiscal year 2008, the Secretary shall
reserve not more than 1 percent or $500,000, whichever is
greater, to carry out the study described in paragraph (1).
(b) Reports.--
(1) Annual reports from states.--Each State receiving a
grant under this Act shall submit an annual report to the
Secretary regarding each project within the State that is
funded under this Act. The report shall contain such
information as the Secretary determines necessary to evaluate
the project.
(2) Report to congress.--
(A) In general.--The Secretary shall submit a
report on the study described in subsection (a)(1) to
the Committee on Health, Education, Labor, and Pensions
of the Senate and to the Committee on Education and
Labor of the House of Representatives not later than
September 30, 2012.
(B) Contents.--The report shall include--
(i) the number of rural local educational
agencies assisted under this Act;
(ii) the characteristics of such rural
local educational agencies with respect to the
considerations of needs described in section
4(c);
(iii) the number and demographic
characteristics of teachers receiving bonuses
under this Act;
(iv) the impact of the bonuses provided
under this Act on the ability of rural local
educational agencies assisted under this Act to
recruit and retain highly qualified teachers
and highly qualified special education
teachers; and
(v) such other information and analysis as
the Secretary determines necessary to evaluate
the projects.
SEC. 6. AUTHORIZATION OF APPROPRIATION.
There are authorized to be appropriated to carry out this Act
$50,000,000 for fiscal year 2008 and such sums as may be necessary for
each of the fiscal years 2009 through 2012. | Rural Teacher Retention Act of 2007 - Directs the Secretary of Education to establish a five-year pilot program awarding competitive grants to no more than 10 states to enable them to award salary bonuses to highly qualified teachers or highly qualified special education teachers who teach, or commit to teach, for at least three academic years, in an elementary or secondary school served by the same rural local educational agency (LEA), including one that serves a high number or percentage of children who are Native Hawaiian.
Awards such grants on the basis of the needs of a state's rural LEAs for recruiting and retaining such teachers. Requires that, in determining such needs, the Secretary consider: (1) a rural LEA's eligibility for assistance under part B (Rural Education Initiative) of title IV of the Elementary and Secondary Education Act of 1965; (2) a rural LEA's service of low-income, limited English proficient, migrant, Indian, or disabled students; and (3) the state's long-term plans for recruiting and retaining such teachers in its rural LEAs.
Requires the Secretary to track and assess the implementation and effectiveness of each project funded under this Act.. | {"src": "billsum_train", "title": "A bill to create a competitive grant program for States to enable the States to award salary bonuses to highly qualified elementary school or secondary school teachers who teach, or commit to teach, for at least 3 academic years in a school served by a rural local educational agency."} | 1,853 | 253 | 0.571484 | 1.567334 | 0.669739 | 3.986842 | 7.631579 | 0.890351 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poverty Measurement Improvement
Act''.
SEC. 2. IMPROVING THE MEASUREMENT OF POVERTY IN THE UNITED STATES.
(a) Definitions.--In this section:
(1) Federal means-tested benefit.--The term ``Federal
means-tested benefit'' means a benefit, refundable tax credit,
or other form of assistance provided under any of the following
programs:
(A) Cash and general programs.--
(i) Supplemental Security Income.
(ii) Earned Income Tax Credit (refundable
portion).
(iii) Additional Child Tax Credit.
(iv) Temporary Assistance to Needy
Families.
(v) Title IV-E Foster Care.
(vi) Title IV-E Adoption Assistance.
(vii) Social Security Disability Insurance.
(B) Medical.--
(i) Medicaid.
(ii) State Children's Health Insurance
Program.
(iii) Refundable Premiums and Out of Pocket
Subsidies under the Patient Protection and
Affordable Health Care Act (PPACA).
(C) Food.--
(i) Supplemental Nutrition Assistance Food
Program (Agriculture).
(ii) Women, Infant and Children (WIC) Food
Program (Agriculture).
(iii) School Breakfast (Agriculture).
(D) Housing.--
(i) Section 8 Housing (HUD).
(ii) Public Housing (HUD).
(iii) Home Investment Partnership Program
(HUD).
(iv) Rural Housing Insurance Fund
(Agriculture).
(v) Rural Housing Service (Agriculture).
(2) Household.--The term ``household'' means a householder
and one or more people related to the householder by birth,
marriage, or adoption.
(3) Total family income.--The term ``total family income''
means, with respect to a household, an amount equal to--
(A) the sum of--
(i) all money income (as defined by the
Bureau of the Census) earned by the members of
the household; and
(ii) the amount, or cash equivalent, of all
Federal means-tested benefits received by the
members of the household; minus
(B) State and Federal income and payroll taxes
attributable to the members of the household.
(4) Income tax data.--The term ``income tax data'' means
return information disclosed to the Bureau of the Census under
section 6103(j)(1)(A) of the Internal Revenue Code of 1986.
(5) Administering agency.--The term ``administering
agency'' means a State or Federal agency responsible for
administering a Federal means-tested benefit, and includes the
following agencies:
(A) The Social Security Administration.
(B) The Department of the Treasury.
(C) The Department of Health and Human Services.
(D) The Department of Housing and Urban
Development.
(E) The Department of Agriculture.
(6) Personally identifiable information.--The term
``personally identifiable information'' means any information
that identifies an individual or could reasonably be used to
identify an individual that is--
(A) collected pursuant to a survey conducted by the
Bureau of the Census; or
(B) disclosed to the Bureau of the Census by an
administering agency for the purpose of carrying out
subsection (b).
(7) Director.--The term ``Director'' means the Director of
the Bureau of the Census.
(b) New Poverty Measurement Linking Survey, Administrative, and
Income Data.--
(1) In general.--Each fiscal year during the period that
begins with fiscal year 2017 and ends with fiscal year 2027, in
order to more accurately determine the extent of poverty in the
United States and the anti-poverty effectiveness of means-
tested benefit and tax programs, the Director shall conduct a
new survey of income and poverty in the United States, and
shall supplement and verify the information obtained pursuant
to such survey using the following:
(A) Data from the most recent available Current
Population Survey.
(B) Data furnished by administering agencies.
(C) Income tax data.
(2) Administering agency data.--
(A) In general.--The head of each administering
agency shall make available to the Director such data
(including income tax data) as the Director shall
require for the purpose of carrying out this
subsection.
(B) Payment of expenses.--The Director shall pay
for the data described in subparagraphs (B) and (C) of
paragraph (1) in such amount, if any (not exceeding the
cost of furnishing the data), as may be determined by
the head of the applicable agency that furnishes the
data.
(3) Publication of survey data.--
(A) Survey methods and responses.--The Director of
the Bureau of the Census shall publish the methods used
to carry out the survey required under paragraph (1),
the number of households surveyed, the rate of
responses, and the extent of survey completion.
(B) Rates and other data.--
(i) In general.--The Director of the Bureau
of the Census shall produce tables and graphs
showing for each year the poverty rates and
related data calculated using the survey
responses and other data collected under
paragraph (1), including--
(I) the total family income for
survey respondents;
(II) a breakdown of the amount of
income taxes and payroll taxes paid by
survey respondents; and
(III) for 2018 and subsequent
years, poverty rates calculated using
updated poverty thresholds as described
in clause (ii).
(ii) Updated poverty thresholds.--For 2018
and subsequent years, the Director shall adjust
the poverty thresholds used for determining
poverty rates by using the personal consumer
expenditure price index (as published by the
Bureau of Economic Analysis).
(C) Creation of a public database.--The Director
shall create a database, available at the Director's
discretion to researchers who meet the security
requirements described in subsection (c)(4), that
contains--
(i) data from the survey required under
paragraph (1); and
(ii) data described in subparagraphs (A)
and (B) of paragraph (1).
(D) No publication of personally identifiable
information.--The Director shall ensure that no
personally identifiable information is included in any
publication of survey information or other data
collected under this section, including the database
created pursuant to subparagraph (C).
(c) Protection and Disclosure of Personally Identifiable
Information.--
(1) In general.--The security, disclosure, and
confidentiality provisions set forth in this Act and sections 9
and 23 of title 13, United States Code, shall apply to
personally identifiable information obtained by the Bureau of
the Census pursuant to this Act.
(2) Assignment of record identification keys.--All
personally identifiable information shall be removed from
individual records, which shall be given record identification
keys for purposes of identification.
(3) Staff access to personally identifiable information.--
An officer or employee of the Bureau of the Census or a
representative from an administering agency may access
personally identifiable information if such officer, employee,
or representative has the special sworn status requirements
implemented by the Bureau of the Census under section 9 and
section 23 of title 13, United States Code.
(4) Public access to personally identifiable information.--
The Director may disclose personally identifiable information
to an individual who has special sworn status as implemented by
the Bureau of the Census under section 9 and section 23 of
title 12, United States Code.
(5) Penalties.--Any individual who knowingly accesses or
discloses personally identifiable information in violation of
this section shall be guilty of a felony and upon conviction
thereof shall be fined in an amount of not more than $300,000
under title 18, United States Code, or imprisoned for not more
than five years, or both.
(6) Inadmissibility of survey data.--Data contained in a
response to a survey conducted pursuant to subsection (b)(1)
shall not be admissible as evidence in any proceeding of any
court, agency, board, or other entity.
(d) State Reporting of Federal Means-Tested Data.--Beginning with
the first full calendar year that begins after the date of enactment of
this Act, with respect to any Federal means-tested benefit that is
administered at the State level by a State administering agency, such
State administering agency shall submit each year to the Federal
administering agency responsible for administering the benefit at the
Federal level a report that identifies each household that received
such benefits during such year by the social security number of the
head of the household and the amount, or cash equivalent, of such
benefit received by such household.
(e) Comparison of Individual Survey Data to Consumer Expenditure
Survey.--Beginning with the first full calendar year that begins after
the date of enactment of this Act and each year thereafter, the Bureau
of the Census shall, in coordination with the Bureau of Labor
Statistics, provide summary statistics comparing the income levels
(constructed using all available administrative, income, and Current
Population Survey data) of respondents to the Consumer Expenditure
Survey conducted by the Bureau of Labor Statistics to the consumption
habits of such respondents.
(f) GAO Report.--Not later than 2 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress comparing the income measure created
in section 3 to the income measure used by the Bureau of the Census for
purposes of calculating the supplemental poverty measure. | Poverty Measurement Improvement Act This bill requires the Bureau of the Census, for each of FY2017-FY2027, in order to more accurately determine the extent of poverty in the United States and the anti-poverty effectiveness of federal means-tested benefit and tax programs, to conduct a new survey of income and poverty in the United States and supplement and verify the information obtained using data from the most recent available Current Population Survey (CPS), data furnished by state and federal agencies that administer such benefits, and income tax data. The Bureau shall produce tables and graphs showing for each year the poverty rates and related data calculated using the survey responses and other data collected, including: the total family income for survey respondents (the sum of all money income and federal means-tested benefits minus state and federal income and payroll taxes of household members); a breakdown of the amount of income taxes and payroll taxes paid by survey respondents; and for 2018 and subsequent years, poverty rates calculated using updated poverty thresholds. For 2018 and subsequent years, the Bureau shall adjust the poverty thresholds for determining poverty rates by using the personal consumer expenditure price index. The Bureau shall create a database that contains data from the survey, data from the most recent available CPS, and data furnished by administering agencies. The bill applies specified security, disclosure, and confidentiality restrictions to personally identifiable information obtained under this bill and makes data contained in a response to a survey conducted pursuant to this bill inadmissible as evidence in any court or agency proceeding. The bill requires: (1) state administering agencies to report to federal administering agencies on federal means-tested benefits received by each household, (2) the Bureau to provide summary statistics comparing income levels to consumption habits of respondents to the Consumer Expenditure Survey, and (3) the Government Accountability Office to submit a report comparing the income measure created under this bill to the income measure used by the Bureau for calculating the supplemental poverty measure. | {"src": "billsum_train", "title": "Poverty Measurement Improvement Act"} | 2,064 | 410 | 0.482647 | 1.370002 | 0.664887 | 4.219321 | 5.075718 | 0.924282 |
SECTION 1. COMPREHENSIVE POLICY ON PROVIDING EDUCATION INFORMATION TO
VETERANS.
(a) Comprehensive Policy Required.--
(1) In general.--Chapter 36 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 3698. Comprehensive policy on providing education information to
veterans
``(a) Comprehensive Policy Required.--The Secretary shall develop a
comprehensive policy to improve outreach and transparency to veterans
and members of the Armed Forces through the provision of information on
institutions of higher learning.
``(b) Scope.--In developing the policy required by subsection (a),
the Secretary shall include each of the following elements:
``(1) Effective and efficient methods to inform individuals of
the educational and vocational counseling provided under section
3697A of this title.
``(2) A centralized mechanism for tracking and publishing
feedback from students and State approving agencies regarding the
quality of instruction, recruiting practices, and post-graduation
employment placement of institutions of higher learning that--
``(A) allows institutions of higher learning to verify
feedback and address issues regarding feedback before the
feedback is published;
``(B) protects the privacy of students, including by not
publishing the names of students; and
``(C) publishes only feedback that conforms with criteria
for relevancy that the Secretary shall determine.
``(3) The merit of and the manner in which a State approving
agency shares with an accrediting agency or association recognized
by the Secretary of Education under subpart 2 of part H of title IV
of the Higher Education Act of 1965 (20 U.S.C. 1099b) information
regarding the State approving agency's evaluation of an institution
of higher learning.
``(4) Description of the information provided to individuals
participating in the Transition Assistance Program under section
1144 of title 10 relating to institutions of higher learning.
``(5) Effective and efficient methods to provide veterans and
members of the Armed Forces with information regarding
postsecondary education and training opportunities available to the
veteran or member.
``(c) Postsecondary Education Information.--(1) The Secretary shall
ensure that the information provided pursuant to subsection (b)(5)
includes--
``(A) an explanation of the different types of accreditation
available to educational institutions and programs of education;
``(B) a description of Federal student aid programs; and
``(C) for each institution of higher learning, for the most
recent academic year for which information is available--
``(i) whether the institution is public, private nonprofit,
or proprietary for-profit;
``(ii) the name of the national or regional accrediting
agency that accredits the institution, including the contact
information used by the agency to receive complaints from
students;
``(iii) information on the State approving agency,
including the contact information used by the agency to receive
complaints from students;
``(iv) whether the institution participates in any programs
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.);
``(v) the tuition and fees;
``(vi) the median amount of debt from Federal student loans
under title IV of the Higher Education Act of 1965 (20 U.S.C.
1070 et seq.) held by individuals upon completion of programs
of education at the institution of higher learning (as
determined from information collected by the Secretary of
Education);
``(vii) the cohort default rate, as defined in section
435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)),
of the institution;
``(viii) the total enrollment, graduation rate, and
retention rate, as determined from information collected by the
Integrated Postsecondary Education Data System of the Secretary
of Education;
``(ix) whether the institution provides students with
technical support, academic support, and other support
services, including career counseling and job placement; and
``(x) the information regarding the institution's policies
related to transfer of credit from other institutions, as
required under section 485(h)(1) of the Higher Education Act of
1965 (20 U.S.C. 1092(h)(1)) and provided to the Secretary of
Education under section 132(i)(1)(V)(iv) of such Act (20 U.S.C.
1015a(i)(1)(V)(iv)).
``(2) To the extent practicable, the Secretary shall provide the
information described in paragraph (1) by including hyperlinks on the
Internet website of the Department to other Internet websites that
contain such information, including the Internet website of the
Department of Education, in a form that is comprehensive and easily
understood by veterans, members of the Armed Forces, and other
individuals.
``(3)(A) If the Secretary of Veterans Affairs requires, for
purposes of providing information pursuant to subsection (b)(5),
information that has been reported, or information that is similar to
information that has been reported, by an institution of higher
learning to the Secretary of Education, the Secretary of Defense, the
Secretary of Labor, or the heads of other Federal agencies under a
provision of law other than under this section, the Secretary of
Veterans Affairs shall obtain the information the Secretary of Veterans
Affairs requires from the Secretary or head with the information rather
than the institution of higher learning.
``(B) If the Secretary of Veterans Affairs requires, for purposes
of providing information pursuant to subsection (b)(5), information
from an institution of higher learning that has not been reported to
another Federal agency, the Secretary shall, to the degree practicable,
obtain such information through the Secretary of Education.
``(d) Consistency With Existing Education Policy.--In carrying out
this section, the Secretary shall ensure that--
``(1) the comprehensive policy is consistent with any
requirements and initiatives resulting from Executive Order No.
13607; and
``(2) the efforts of the Secretary to implement the
comprehensive policy do not duplicate the efforts being taken by
any Federal agencies.
``(e) Communication With Institutions of Higher Learning.--To the
extent practicable, if the Secretary considers it necessary to
communicate with an institution of higher learning to carry out the
comprehensive policy required by subsection (a), the Secretary shall
carry out such communication through the use of a communication system
of the Department of Education.
``(f) Definitions.--In this section:
``(1) The term `institution of higher learning' has the meaning
given that term in section 3452(f) of this title.
``(2) The term `postsecondary education and training
opportunities' means any postsecondary program of education,
including apprenticeships and on-job training, for which the
Secretary of Veterans Affairs provides assistance to a veteran or
member of the Armed Forces.''.
(2) Clerical amendment.--The table of sections at the beginning
of such chapter is amended by adding after the item relating to
section 3697A the following new item:
``3698. Comprehensive policy on providing education information to
veterans.''.
(b) Survey.--In developing the policy required by section 3698(a)
of title 38, United States Code, as added by subsection (a), the
Secretary of Veterans Affairs shall conduct a market survey to
determine the availability of the following:
(1) A commercially available off-the-shelf online tool that
allows a veteran or member of the Armed Forces to assess whether
the veteran or member is academically ready to engage in
postsecondary education and training opportunities and whether the
veteran or member would need any remedial preparation before
beginning such opportunities.
(2) A commercially available off-the-shelf online tool that
provides a veteran or member of the Armed Forces with a list of
providers of postsecondary education and training opportunities
based on criteria selected by the veteran or member.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall submit to the
appropriate committees of Congress a report that includes--
(1) a description of the policy developed by the Secretary
under section 3698(a) of title 38, United States Code, as added by
subsection (a);
(2) a plan of the Secretary to implement such policy; and
(3) the results of the survey conducted under subsection (b),
including whether the Secretary plans to implement the tools
described in such subsection.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term ``appropriate
committees of Congress'' means--
(A) the Committee on Veterans' Affairs and the Committee on
Health, Education, Labor, and Pensions of the Senate; and
(B) the Committee on Veterans' Affairs and the Committee on
Education and the Workforce of the House of Representatives.
(2) Commercially available off-the-shelf.--The term
``commercially available off-the-shelf'' has the meaning given that
term in section 104 of title 41, United States Code.
(3) Postsecondary education and training opportunities.--The
term ``postsecondary education and training opportunities'' means
any postsecondary program of education, including apprenticeships
and on-job training, for which the Secretary of Veterans Affairs
provides assistance to a veteran or member of the Armed Forces.
SEC. 2. PROHIBITION ON CERTAIN USES OF INDUCEMENTS BY EDUCATIONAL
INSTITUTIONS.
Section 3696 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary shall not approve under this chapter any
course offered by an educational institution if the educational
institution provides any commission, bonus, or other incentive payment
based directly or indirectly on success in securing enrollments or
financial aid to any persons or entities engaged in any student
recruiting or admission activities or in making decisions regarding the
award of student financial assistance.
``(2) To the degree practicable, the Secretary shall carry out
paragraph (1) in a manner that is consistent with the Secretary of
Education's enforcement of section 487(a)(20) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(20)).''.
SEC. 3. DEDICATED POINTS OF CONTACT FOR SCHOOL CERTIFYING OFFICIALS.
Section 3684 of title 38, United States Code, is amended by adding
at the end the following new subsection:
``(d) Not later than 90 days after the date of the enactment of
this subsection, the Secretary shall ensure that the Department
provides personnel of educational institutions who are charged with
submitting reports or certifications to the Secretary under this
section with assistance in preparing and submitting such reports or
certifications.''.
SEC. 4. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF DEPARTMENT OF
VETERANS AFFAIRS.
For fiscal year 2013, the Secretary of Veterans Affairs may not pay
more than $395,000,000 in awards or bonuses under chapter 45 or 53 of
title 5, United States Code, or any other awards or bonuses authorized
under such title.
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 Senate on December 19, 2012. The summary of that version is repeated here.)
Directs the Secretary of Veterans Affairs (VA) to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces (members) through the provision of information on institutions of higher learning. Requires such information to: (1) include accreditation information and a description of available federal aid programs, and (2) be provided through hyperlinks on the VA website. Requires the Secretary, in developing the policy, to conduct a market survey to determine the availability of a commercially available off-the-shelf online tool that: (1) allows veterans to determine whether they are academically ready to engage in postsecondary education and training opportunities, and (2) provides a list of providers of such opportunities. Directs the Secretary to report to the congressional veterans and education committees on: (1) the policy developed, (2) a plan to implement the policy, and (3) survey results.
Prohibits the Secretary from approving an educational institution that provides any commission, bonus, or other incentive payment based on success in securing enrollments.
Directs the Secretary to ensure that the VA provides assistance to personnel of educational institutions who are charged with submitting reports or certifications to the VA.
Prohibits the Secretary from paying more than $395 million in VA employee incentive awards or performance bonuses during FY2013. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to develop a comprehensive policy to improve outreach and transparency to veterans and members of the Armed Forces through the provision of information on institutions of higher learning, and for other purposes."} | 2,436 | 307 | 0.578069 | 1.865867 | 0.804042 | 3.417544 | 7.968421 | 0.891228 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Common Sense Budget Act of 2006''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of Defense's increasingly large budget
provides for total defense spending that is greater than that
of the other 192 countries in the world combined, yet--
(A) the United States now ranks 25th in the world
in infant mortality, behind most of the nations of
Western Europe and the industrialized Far East, while
$60,000,000,000 of the United States defense budget is
expended annually on weapons designed to thwart Soviet
Union aggression during the Cold War and other wasteful
programs;
(B) Federal spending on elementary and secondary
education has fallen to less than 10 percent of the
proposed 2007 outlays for the Department of Defense,
while schools throughout the Nation are eliminating
programs in music, foreign language, and physical
education;
(C) 61,000,000 individuals in the United States
lack health insurance during some period of any given
year, and half that number of individuals (over
10,000,000 of whom are children) lack such insurance
for the entire year;
(D) the Government Accountability Office estimates
that--
(i) \1/3\ of the Nation's public schools,
serving 14,000,000 children, need extensive
repair or need to have their entire physical
plants replaced;
(ii) 85 percent of the Nation's public
schools, 73,000 facilities serving 40,000,000
children, need some repair work; and
(iii) the total cost for the repairs and
replacement described in this subparagraph is
over $120,000,000,000;
(E) research conducted by the National Center for
Education Statistics shows that middle school students
in the United States rank 18th in science test scores
and 19th in math test scores internationally, behind
students in such countries as the Republic of Korea,
the Slovak Republic, Singapore, the Russian Federation,
and Malaysia; and
(F) the Government Accountability Office estimated
in 2003 that the Department of Defense could not
account for over $1,000,000,000,000 in funds
appropriated to the Department of Defense.
(2) The United States spends over $20,000,000,000 annually
to maintain its nuclear arsenal, although many of the weapons
in that arsenal no longer have practical utility. The United
States needs to eliminate spending on obsolete weapons systems
and use the funds saved to meet urgent domestic needs for
health care, education, job training, and increased energy
efficiency and conservation.
(3) The Department of Defense is spending billions of
dollars developing space weapons and preparing plans to deploy
them, although--
(A) those expenditures and plans contravene White
House policy, in place for a decade, that emphasizes
arms control and nonproliferation pacts; and
(B) the development of those weapons is opposed by
many United States allies, who have rightly stated that
a shift in policy towards that development will create
an arms race in space.
(4) The United States needs to reduce its dependence on
foreign oil by promoting long-term energy security through
greater investment in sustainable and renewable energy
alternatives.
(5) The United States is facing unprecedented challenges to
national security and broader national interests. Sustainable
development and humanitarian assistance programs should be a
central part of United States foreign policy. To address the
root causes of instability and terrorism and undercut the
ability of terrorist organizations to recruit effectively, the
United States needs to address the global challenges of
poverty, illiteracy, unemployment, disease, and disaster by
increasing funding for sustainable development and humanitarian
assistance programs.
SEC. 3. REDUCTIONS IN AMOUNTS AVAILABLE FOR CERTAIN DEFENSE AND ENERGY
PROGRAMS.
(a) Reductions in Amounts Available for Programs.--
(1) Department of defense programs.--
(A) In general.--Notwithstanding any other
provision of law, of the amounts appropriated or
otherwise available for fiscal year 2007 for each
program or account of the Department of Defense
specified in subparagraph (B)--
(i) the amount available in such fiscal
year for such program or account shall be
reduced by the amount specified with respect to
such program or account in that subparagraph;
and
(ii) an amount equal to the aggregate
amount of all such reductions under clause (i)
shall be available instead for the purposes set
forth in subsection (b).
(B) Specified programs and accounts and amounts.--
The programs and accounts, and amounts with respect to
such programs and accounts, specified in this
subparagraph are as follows:
(i) The F-22 fighter aircraft program,
$2,800,000,000.
(ii) The F-35 Joint Strike fighter aircraft
program, $3,300,000,000.
(iii) The C-130J aircraft program,
$1,600,000,000.
(iv) The V-22 Osprey aircraft program,
$2,100,000,000.
(v) The Virginia class submarine program,
$2,300,000,000.
(vi) The next generation destroyer (DD(X))
program, $3,400,000,000.
(vii) The Ballistic Missile Defense
program, $8,300,000,000.
(viii) Cross-service accounts for research,
development, test, and evaluation,
$5,000,000,000.
(ix) Accounts providing funds for personnel
and other costs associated with drawdowns and
other reductions in the Armed Forces,
$5,000,000,000.
(x) Space weapons programs, $5,000,000,000.
(xi) The Future Combat System,
$2,700,000,000.
(xii) Programs relating to the operations
of the Department of Defense that can be
combined to achieve efficiencies in such
operations, $5,000,000,000.
(2) Department of energy national security programs.--
Notwithstanding any other provision of law, of the amounts
appropriated or otherwise available for fiscal year 2007 for
the Department of Energy for the National Nuclear Security
Administration for national security programs--
(A) the amount available in such fiscal year for
such programs shall be reduced by $14,000,000,000; and
(B) an amount equal to the amount of the reduction
under subparagraph (A) shall be available instead for
the purposes set forth in subsection (b).
(b) Domestic Programs.--From amounts made available under
subsection (a)--
(1) $10,000,000,000 shall be made available to carry out
the modernization of school facilities under section 8007(b) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7707(b));
(2) $10,000,000,000 shall be made available to carry out
State child health plans under title XXI of the Social Security
Act (42 U.S.C. 1397aa et seq.);
(3) $5,000,000,000 shall be made available to carry out
employment and training activities under chapter 5 of subtitle
B of title I of the Workforce Investment Act of 1998 (29 U.S.C.
2861 et seq.);
(4) $10,000,000,000 shall be made available to the
Secretary of Energy for such programs as that Secretary may
specify to increase energy efficiency and conservation and
increase investment in sustainable and renewable energy
alternatives;
(5) $13,000,000,000 shall be made available to the
Secretary of State for such sustainable development and
humanitarian assistance programs as that Secretary may specify
to alleviate the global challenges of poverty, illiteracy,
unemployment, disease, and disaster;
(6) $5,000,000,000 shall be available to the Secretary of
Homeland Security to improve safeguards pursuant to the
Homeland Security Act of 2002;
(7) $5,000,000,000 shall be made available to reduce the
deficit; and
(8) $2,000,000,000 shall be made available for medical
research.
SEC. 4. EFFECTIVE DATE.
This Act takes effect 90 days after the date of enactment of this
Act. | Common Sense Budget Act of 2006 - Requires certain reductions in amounts appropriated for FY2007 for specified Department of Defense (DOD) and Department of Energy (DOE) programs. Makes amounts from such reductions available for: (1) modernization of school facilities; (2) state child health plans; (3) adult and dislocated worker employment and training activities; (4) programs to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) sustainable development and humanitarian assistance programs to alleviate global poverty, illiteracy, unemployment, disease, and disaster; (6) homeland security safeguard improvements; (7) reduction of the deficit; and (8) medical research. | {"src": "billsum_train", "title": "To reallocate funds toward sensible priorities such as improved children's education, increased children's access to health care, expanded job training, and increased energy efficiency and conservation through a reduction of wasteful defense spending, and for other purposes."} | 1,606 | 143 | 0.400991 | 1.245442 | 0.696963 | 3.458647 | 11.669173 | 0.917293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reclassification to Ensure Smarter
and Equal Treatment Act of 2017'' or the ``RESET Act''.
SEC. 2. RECLASSIFICATION OF LOW-LEVEL FELONIES.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended--
(1) in section 404(a) (21 U.S.C. 844(a))--
(A) in the fourth sentence--
(i) by striking ``2 years'' and inserting
``1 year'';
(ii) by striking ``$2,500'' and inserting
``$1,000'';
(iii) by striking ``3 years'' and inserting
``1 year''; and
(iv) by striking ``$5,000'' and inserting
``$1,000''; and
(B) by striking the fifth sentence and inserting
the following: ``Notwithstanding any penalty provided
in this subsection, any person who commits an offense
under this subsection for the possession of a date rape
drug (as defined in section 401(g)(2)) after a prior
conviction under this title or title III, or a prior
conviction for any drug, narcotic, or chemical offense
chargeable under the law of any State, has become
final, shall be sentenced to a term of imprisonment for
not less than 15 days but not more than 2 years, and
shall be fined a minimum of $2,500 and if any person
commits such offense after 2 or more prior convictions
under this title or title III, or 2 or more prior
convictions for any drug, narcotic, or chemical offense
chargeable under the law of any State, or a combination
of 2 or more such offenses have become final, such
person shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and
shall be fined a minimum of $5,000.''; and
(2) in section 422(b) (21 U.S.C. 863(b)), by striking
``three years'' and inserting ``1 year''.
(b) Elimination of Increased Penalties for Cocaine Offenses Where
the Cocaine Involved Is Cocaine Base.--
(1) Controlled substances act.--The following provisions of
the Controlled Substances Act (21 U.S.C. 801 et seq.) are
repealed:
(A) Clause (iii) of section 401(b)(1)(A).
(B) Clause (iii) of section 401(b)(1)(B).
(2) Controlled substances import and export act.--The
following provisions of the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.) are repealed:
(A) Subparagraph (C) of section 1010(b)(1).
(B) Subparagraph (C) of section 1010(b)(2).
SEC. 3. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
(a) In General.--Part D of the Controlled Substances Act (21 U.S.C.
841 et seq.) is amended by adding at the end the following:
``SEC. 424. WEIGHING OF CONTROLLED SUBSTANCES MIXED WITH FOOD PRODUCTS.
``In determining the weight of a controlled substance or mixture of
controlled substances that is in compound with a food product for
purposes of this title or title III, the weight of the food product
shall not be included.''.
(b) Technical and Conforming Amendment.--The table of contents for
the Controlled Substances Act (21 U.S.C. 801 et seq.) is amended by
inserting after the item relating to section 423 the following:
``Sec. 424. Weighing of controlled substances mixed with food
products.''.
SEC. 4. APPLICABILITY TO PENDING AND PAST CASES.
(a) Pending Cases.--This Act, and the amendments made by this Act,
shall apply to any offense that was committed before the date of
enactment of this Act, if a sentence for the offense has not been
imposed as of such date of enactment.
(b) Past Cases.--In the case of a defendant who, before the date of
enactment of this Act, was convicted of an offense for which the
penalty is amended by this Act and was sentenced to a term of
imprisonment for the offense, the sentencing court may, on motion of
the defendant or the Director of the Bureau of Prisons, or on its own
motion, reduce the term of imprisonment for the offense, after
considering the factors set forth in section 3553(a) of title 18,
United States Code, to the extent the factors are applicable, if such a
reduction is consistent with--
(1) this Act and the amendments made by this Act; and
(2) applicable policy statements issued by the United
States Sentencing Commission.
SEC. 5. EMERGENCY AUTHORITY FOR UNITED STATES SENTENCING COMMISSION.
(a) Review and Amendment.--As soon as practicable after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements applicable to any person convicted of
an offense affected by section 2, 3, or 4.
(b) Authorization.--In carrying out subsection (a), the Commission
may amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
SEC. 6. ESTABLISHMENT OF THE SAFE NEIGHBORHOODS AND SCHOOLS FUND.
(a) Establishment.--A fund to be known as the ``Safe Neighborhoods
and Schools Fund'' is hereby created within the Department of Justice
and is continuously appropriated without regard to fiscal year for
carrying out the purposes of this chapter. For purposes of the
calculations required, funds transferred to the Safe Neighborhoods and
Schools Fund shall be considered general fund revenues which may be
appropriated pursuant to Article I.
(b) Funding Appropriation.--
(1) In general.--On or before July 31, 2018, and on or
before July 31 of each fiscal year thereafter, the Department
of Justice shall calculate the savings that accrued from the
implementation of the act adding this chapter (``this act'')
during the fiscal year ending June 30, as compared to the
fiscal year preceding the enactment of this act. In making the
calculation required by this subdivision, the Department shall
use actual data or best available estimates where actual data
is not available. The calculation shall be final and shall not
be adjusted for any subsequent changes in the underlying data.
The Department of Justice shall certify the results of the
calculation to Congress no later than August 1 of each fiscal
year.
(2) Transfer of funds.--Before August 15, 2018, and before
August 15 of each fiscal year thereafter, the Department shall
transfer from the General Fund to the Safe Neighborhoods and
Schools Fund the total amount calculated. Funds transferred to
the Safe Neighborhoods and Schools Fund shall be used
exclusively for the purposes of this act and shall not be
subject to appropriation or transfer by the Legislature for any
other purpose. The funds in the Safe Neighborhoods and Schools
Fund may be used without regard to fiscal year.
(c) Distribution of Moneys From the Safe Neighborhoods and Schools
Fund.--
(1) In general.--By August 15 of each fiscal year beginning
in 2018, the Controller shall disburse moneys deposited in the
Safe Neighborhoods and Schools Fund as follows:
(A) Fifteen percent to the Department of Education,
to administer a grant program to public agencies aimed
at improving outcomes for public school pupils in
kindergarten and grades 1 to 12, inclusive, by reducing
truancy and supporting students who are at risk of
dropping out of school or are victims of crime.
(B) Ten percent to the Federal Crime Victim
Assistance Fund, to make grants to trauma recovery
centers to provide services to victims of crime
pursuant to 42 U.S.C. 112.
(C) Twenty-five percent to Federal Reentry/Drug
Court programs operated by the U.S. District Courts,
U.S. Probation Office, Federal Public Defender and U.S.
Attorney's Office to administer a grant program to
public agencies aimed at supporting mental health
treatment, substance abuse treatment, and diversion
programs for people in the criminal justice system,
with an emphasis on programs that reduce recidivism of
people convicted of less serious crimes, such as those
covered by this measure, and those who have substance
abuse and mental health problems.
(D) Fifty percent to the General Treasury in order
to pay down the national debt.
(2) Limitation.--For each program set forth in paragraphs
(1) to (3), inclusive, of subdivision (a), the agency
responsible for administering the programs shall not spend more
than 5 percent of the total funds it receives from the Safe
Neighborhoods and Schools Fund on an annual basis for
administrative costs.
(3) Audit.--Every 2 years, the Department of Justice shall
conduct an audit of the grant programs operated by the agencies
specified in paragraphs (1) to (3), inclusive, of subdivision
(a) to ensure the funds are disbursed and expended solely
according to this chapter and shall report his or her findings
to the relevant Congressional committees.
(4) Costs of program.--Any costs incurred by the Department
of Justice in connection with the administration of the Safe
Neighborhoods and Schools Fund, including the costs of the
calculation and the audit required, shall be deducted from the
Safe Neighborhoods and Schools Fund before the funds are
disbursed pursuant to subdivision (a). The funding established
pursuant to this act shall be used to expand programs for
public school pupils in kindergarten and grades 1 to 12,
inclusive, victims of crime, and mental health and substance
abuse treatment and diversion programs for people in the
criminal justice system. These funds shall not be used to
supplant existing State or local funds utilized for these
purposes.
(5) Prohibition.--Agencies shall not be obligated to
provide programs or levels of service described in this chapter
above the level for which funding has been provided. | Reclassification to Ensure Smarter and Equal Treatment Act of 2017 or the RESET Act This bill amends the Controlled Substances Act to reduce the potential sentence for possession of a controlled substance by a person with one or more prior convictions. The bill repeals the provision providing for up to three years' imprisonment for the possession of a date rape drug and revises the penalties for possession of such drugs after a prior drug-related conviction. The maximum term of imprisonment for the sale or use of the mails to transport, or for importation or exportation of, drug paraphernalia is reduced to one year. The bill eliminates increased penalties for cocaine offenses where the cocaine involved is cocaine base. In determining the weight of a controlled substance or mixture of controlled substances that is in a compound with a food product, the weight of the food product shall not be included. Amendments made by this bill are applicable to both defendants who committed the offense and/or were convicted before the bill's enactment. The U.S. Sentencing Commission shall review and, if appropriate, amend the federal sentencing guidelines and policy statements applicable to any person convicted of an offense affected by this bill. There is established within the Department of Justice the Safe Neighborhoods and Schools Fund, for expenditures to: improve outcomes for public school pupils in kindergarten and grades 1 through 12 by reducing truancy and supporting students who are at risk of dropping out or are victims of crime; provide services to crime victims; support mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system; and pay down the national debt. | {"src": "billsum_train", "title": "Reclassification to Ensure Smarter and Equal Treatment Act of 2017"} | 2,371 | 357 | 0.512961 | 1.562952 | 0.709149 | 4.095082 | 6.701639 | 0.862295 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oncology Quality Care Improvement
Act of 2008''.
SEC. 2. BUDGET NEUTRAL MEDICARE ONCOLOGY CARE QUALITY IMPROVEMENT
DEMONSTRATION PROJECTS.
(a) Definitions.--In this section:
(1) Demonstration project.--The term ``demonstration
project'' means a demonstration project established by the
Secretary under subsection (b).
(2) Eligible beneficiary.--The term ``eligible
beneficiary'' means an individual who--
(A) is entitled to benefits under part A and
enrolled under part B, but not enrolled in a Medicare
Advantage plan under part C, of title XVIII of the
Social Security Act; and
(B) is diagnosed with one or more of at least six
prevalent cancer conditions, including breast, colon,
lung, and ovarian cancer and additional cancers,
designated by the Secretary as appropriate for
demonstration projects.
(3) Oncology care group.--The term ``oncology care group''
means a group of physicians, or physicians and oncology nurse
practitioners, that is organized for the purpose of providing
community-based cancer care services under a demonstration
project.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Establishment.--
(1) In general.--Subject to the succeeding provisions of
this section, the Secretary shall establish demonstration
projects under which the Secretary shall test and evaluate
methods that improve the quality of care provided to eligible
beneficiaries with certain cancer diagnoses and that reduce
expenditures that would otherwise be made under the Medicare
program on behalf of such individuals for such cancer
diagnoses. Such methods shall include--
(A) the adoption of and adherence to clinical,
evidence-based practice guidelines and treatment
protocols; and
(B) the use of electronic health record (EHR)
technology or other method that allows for timely data
collection and reporting.
(2) Expectations of group participants.--Under a
demonstration project oncology care groups participating in the
project--
(A) are expected to reduce spending under parts A
and B of title XVIII of the Social Security Act to a
level equal to or below 95 percent of the per-patient
amount projected by the Secretary under such parts in
the absence of such project; and
(B) shall be eligible for payment of two separate
fees, allotted from the 5 percent expected savings
described in subparagraph (A)--
(i) one of which is a reporting fee, that
is fully refundable to the Secretary for groups
that fail to meet the established spending
targets; and
(ii) the other of which is a performance
fee that is paid only to groups that meet the
established spending targets as determined by
the Secretary after annual cost reconciliation.
(c) Design of Projects.--
(1) Establishment of baselines.--In establishing
demonstration projects under this section--
(A) The Secretary shall develop, in conjunction
with the Office of Management and Budget, a per-
beneficiary spending baseline for each of these
diagnoses against which the financial performance of
demonstration project participants would be measured.
This baseline will include expenditures for
beneficiaries with any of the targeted diagnoses,
inclusive of all inpatient costs and outpatient costs,
including costs of prescription drugs under part D of
title XVIII of the Social Security Act.
(B) The Secretary shall establish, in conjunction
with demonstration project participants, which
performance standards and savings targets will be used
to measure improvements to clinical quality,
improvements to provider and beneficiary satisfaction,
and achievement of savings.
(C) The Secretary shall encourage participation
from varied geographic regions.
(2) Requirement for estimate of budget neutral costs for
each project.--As part of the establishment of baselines under
paragraph (1)(A), the Secretary shall evaluate the costs of
furnishing care under demonstration projects. The Secretary may
not implement a demonstration project under this section unless
the Secretary determines that the costs of providing care to
individuals with cancer diagnoses under the project will not
exceed the costs, in the aggregate, of furnishing care to such
individuals under title XVIII of the Social Security Act, that
would otherwise be paid without regard to the demonstration
project for the period of the project.
(3) Cost comparisons during project.--The Secretary shall
monitor the performance of participating oncology care groups
against the baselines developed under paragraph (1)(A) with
respect to demonstration project participants relative to the
performance of non-participating oncology care groups that
furnish oncology care services in a community-based setting to
similarly situated individuals but that do not employ or adhere
to electronic health record (EHR) technology or clinical,
evidence-based practice guidelines and treatment protocols.
(d) Participation.--
(1) In general.--An oncology care group that provides care
for a minimum number of eligible beneficiaries (as specified by
the Secretary) may participate in a demonstration project if
the oncology care group agrees--
(A) to report electronically clinical quality and
outcomes measures in accordance with requirements
established by the Secretary under the project; and
(B)(i) to use electronic health record (EHR)
technology to manage the clinical care of eligible
beneficiaries consistent with paragraph (2); or
(ii) to demonstrate to the satisfaction of the
Secretary the ability to measure and report pathway
adherence consistent with paragraph (2) through
alternative means approved by the Secretary.
The Secretary shall strive to be as inclusive of
alternative means of reporting as possible.
(2) Practice standards.--Each oncology care group
participating in a demonstration project shall demonstrate the
ability--
(A) to provide cancer care services that are
comprehensive, predictable, provider-led, and
transparent;
(B) to deliver a variety of treatment options
safely and efficiently;
(C) to identify and eliminate execution barriers,
enhance capacity availability, and utilization, and to
use the latest research and technology available;
(D) to employ a patient education infrastructure
and patient surveys;
(E) to adopt and adhere to clinical, evidence-based
practice guidelines and treatment protocols that are
evidence based and peer reviewed with a mechanism for
monitoring compliance on a routine basis;
(F) to meet such clinical quality and outcome
measures as the Secretary shall require;
(G) to measure and report data regarding variations
in the utilization and allocation of services, where
such data can be used to reduce scientific uncertainty
in the delivery of care;
(H) to establish and maintain a method of data
collection that can track compliance to pathways and
report compliance electronically for such beneficiaries
or an alternative method approved by the Secretary; and
(I) to meet such other service provision
requirements as the Secretary may specify.
(3) Voluntariness.--Participation of providers of services
and suppliers, and of individuals with cancer diagnoses, in a
demonstration project shall be voluntary.
(e) Payment Methodology.----
(1) In general.--Under a demonstration project the
Secretary shall pay, from the projected 5 percent savings
described in subsection (b)(2)(A), a per beneficiary amount to
each participating oncology care group that meets or exceeds
specific performance standards established by the Secretary
with respect to the clinical quality and outcome measures
reported under subsection (d)(1)(A). Such per beneficiary
amount shall be composed of--
(A) a reporting fee described in paragraph (2),
equal to half of such 5 percent savings; and
(B) a performance fee described in paragraph (3),
equal to half of such 5 percent savings.
(2) Reporting fee.--The reporting fee described in this
paragraph shall be paid to participating oncology care groups
intermittently, for costs associated with electronic health
record maintenance, protocol adherence, and reporting of
quality metrics. Such fee shall be fully refunded after annual
cost reconciliation by participating oncology care groups that
fail to meet the 5 percent savings target.
(3) Performance fee.--A performance fee described in this
paragraph shall be paid after annual cost reconciliation to
participating oncology care groups that meet the spending
targets established by the Secretary.
(f) Demonstration Project Sites.--The demonstration projects shall
be open to participation by self-identified oncology care groups
employing--
(1) formal, evidence-based treatment protocols applicable
to patients with the selected diagnoses; and
(2)(A) full electronic health record (EHR) technology; or
(B) other data collection processes or databases approved
by the Secretary.
(g) Duration.--The Secretary shall conduct demonstration projects
for the 3-year period beginning on the date that is 90 days after the
date of the enactment of this Act.
(h) Evaluation and Report.--
(1) Evaluations.--The Secretary shall conduct an evaluation
of the demonstration projects--
(A) to assess patient outcomes for the individuals
with cancer diagnoses participating in the projects as
compared to such outcomes to other individuals for the
same health conditions;
(B) to analyze the cost effectiveness of the
projects, including an evaluation of the cost savings
(if any) to the Medicare program attributable to
reductions in physicians' services, hospital stays,
supplemental care drug costs, and part D drug costs;
(C) to determine the satisfaction of patients
participating in the demonstration projects; and
(D) to evaluate other such matters as the Secretary
determines is appropriate.
(2) Reports.--Not later than 90 days after the completion
of 1 year following the commencement of the demonstration
projects, and biannually thereafter, the Secretary shall submit
to Congress a report on the evaluation conducted under
paragraph (1) together which such recommendations for
legislation or administrative action, regarding the extension,
expansion, or termination of the demonstration projects, as the
Secretary determines is appropriate.
(i) Waiver Authority.--The Secretary shall waive compliance with
the requirements of title XVIII of the Social Security Act (42 U.S.C.
1395 et seq.) to such extent and for such period as the Secretary
determines is necessary to conduct demonstration projects.
(j) Funding.--
(1) Demonstration projects.--
(A) In general.--Subject to subparagraph (B) and
paragraph (2), the Secretary shall provide for the
transfer, from the Federal Hospital Insurance Trust
Fund under section 1817 of the Social Security Act (42
U.S.C. 1395i) and from the Federal Supplementary
Insurance Trust Fund under section 1841 of such Act (42
U.S.C. 1395t), in such proportion as the Secretary
determines appropriate, of such funds as are necessary
for the costs of carrying out demonstration projects.
(B) Budget neutrality.--In conducting demonstration
projects under this section, the Secretary shall ensure
that the aggregate payments made by the Secretary under
the Medicare program do not exceed the amount which the
Secretary would have paid under the Medicare program
for the provision of cancer treatment services if the
demonstration projects were not implemented.
(2) Evaluation and report.--There are authorized to be
appropriated such sums as are necessary for the purpose of
conducting the evaluation and submitting reports to Congress
under subsection (h). | Oncology Quality Care Improvement Act of 2008 - Directs the Secretary of Health and Human Services to establish budget neutral demonstration projects to test and evaluate methods that: (1) improve the quality of care provided to eligible beneficiaries with certain cancer diagnoses; and (2) reduce expenditures that would otherwise be made under the Medicare program on behalf of such individuals for such diagnoses.
Authorizes the participation of oncology care groups of physicians, or of physicians and oncology nurse practitioners, in such demonstration projects, subject to certain conditions. | {"src": "billsum_train", "title": "To establish budget neutral demonstration projects to study and improve the quality and cost effectiveness of cancer care services provided to Medicare beneficiaries."} | 2,365 | 108 | 0.667099 | 1.649081 | 1.440268 | 4.10101 | 22.646465 | 0.969697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Women's Obstetrician and
Gynecologist Access Now Act''.
SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES.
(a) Group Health Plans.--
(1) Public health service act amendments.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall allow a participant or beneficiary the option to seek
obstetrical and gynecological physician services directly from
a participating obstetrician and gynecologist or directly from
a participating family practice physician and surgeon
designated by the plan or issuer as providing obstetrical and
gynecological services. A group health plan or health insurance
issuer, in connection with the offering of group health
insurance coverage, shall not require a participant or
beneficiary to obtain prior approval from another physician,
another provider, the plan or issuer, or any other person prior
to obtaining direct access to obstetrical and gynecological
physician services.
``(2) Construction.--Paragraph (1) shall not be construed
as preventing a plan or issuer--
``(A) from establishing reasonable requirements for
the participating obstetrician and gynecologist or
family practice physician and surgeon to communicate
with the participant's or beneficiary's primary care
physician and surgeon regarding the participant's or
beneficiary's condition, treatment, and any need for
followup care; or
``(B) from establishing reasonable provisions
governing utilization protocols and the use of
obstetricians and gynecologists, or family practice
physicians and surgeons, participating in the plan or
issuer network, medical group, or independent practice
association, so long as these provisions--
``(i) are consistent with the intent of
such paragraph;
``(ii) are those customarily applied to
other physicians and surgeons, such as primary
care physicians and surgeons, to whom the
participant or beneficiary has direct access;
and
``(iii) are not to be more restrictive for
the provision of obstetrical and gynecological
physician services.
``(b) Notice.--A group health plan under this part shall comply
with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.''.
(2) ERISA amendments.--(A) Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
shall allow a participant or beneficiary the option to seek
obstetrical and gynecological physician services directly from
a participating obstetrician and gynecologist or directly from
a participating family practice physician and surgeon
designated by the plan or issuer as providing obstetrical and
gynecological services. A group health plan or health insurance
issuer, in connection with the offering of group health
insurance coverage, shall not require a participant or
beneficiary to obtain prior approval from another physician,
another provider, the plan or issuer, or any other person prior
to obtaining direct access to obstetrical and gynecological
physician services.
``(2) Construction.--Paragraph (1) shall not be construed
as preventing a plan or issuer--
``(A) from establishing reasonable requirements for
the participating obstetrician and gynecologist or
family practice physician and surgeon to communicate
with the participant's or beneficiary's primary care
physician and surgeon regarding the participant's or
beneficiary's condition, treatment, and any need for
followup care; or
``(B) from establishing reasonable provisions
governing utilization protocols and the use of
obstetricians and gynecologists, or family practice
physicians and surgeons, participating in the plan or
issuer network, medical group, or independent practice
association, so long as these provisions--
``(i) are consistent with the intent of
such paragraph;
``(ii) are those customarily applied to
other physicians and surgeons, such as primary
care physicians and surgeons, to whom the
participant or beneficiary has direct access;
and
``(iii) are not to be more restrictive for
the provision of obstetrical and gynecological
physician services.
``(b) Notice Under Group Health Plan.--The imposition of the
requirement of this section shall be treated as a material modification
in the terms of the plan described in section 102(a)(1), for purposes
of assuring notice of such requirements under the plan; except that the
summary description required to be provided under the last sentence of
section 104(b)(1) with respect to such modification shall be provided
by not later than 60 days after the first day of the first plan year in
which such requirement apply.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standard relating to women's access to obstetrical and
gynecological services''.
(3) Internal revenue code amendments.--
(A) In general.--Subchapter B of chapter 100 of the
Internal Revenue Code of 1986 is amended--
(i) in the table of sections, by inserting
after the item relating to section 9812 the
following new item:
``Sec. 9813. Standard relating to women's access to obstetrical and
gynecological services''; and
(ii) by inserting after section 9812 the
following:
``SEC. 9813. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) Direct Access Required.--A group health plan, and a health
insurance issuer offering group health insurance coverage, shall allow
a participant or beneficiary the option to seek obstetrical and
gynecological physician services directly from a participating
obstetrician and gynecologist or directly from a participating family
practice physician and surgeon designated by the plan or issuer as
providing obstetrical and gynecological services. A group health plan
or health insurance issuer, in connection with the offering of group
health insurance coverage, shall not require a participant or
beneficiary to obtain prior approval from another physician, another
provider, the plan or issuer, or any other person prior to obtaining
direct access to obstetrical and gynecological physician services.
``(b) Construction.--Subsection (a) shall not be construed as
preventing a plan or issuer--
``(1) from establishing reasonable requirements for the
participating obstetrician and gynecologist or family practice
physician and surgeon to communicate with the participant's or
beneficiary's primary care physician and surgeon regarding the
participant's or beneficiary's condition, treatment, and any
need for followup care; or
``(2) from establishing reasonable provisions governing
utilization protocols and the use of obstetricians and
gynecologists, or family practice physicians and surgeons,
participating in the plan or issuer network, medical group, or
independent practice association, so long as these provisions--
``(A) are consistent with the intent of such
subsection;
``(B) are those customarily applied to other
physicians and surgeons, such as primary care
physicians and surgeons, to whom the participant or
beneficiary has direct access; and
``(C) are not to be more restrictive for the
provision of obstetrical and gynecological physician
services.''.
(B) Conforming amendment.--Section 4980D(d)(1) of
such Code is amended by striking ``section 9811'' and
inserting ``sections 9811 and 9813''.
(b) Individual Health Insurance.--Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND
GYNECOLOGICAL SERVICES.
``(a) In General.--The provisions of section 2707(a) shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 714(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning more than 180 days after the date of the
enactment of this Act.
(2) Individual health insurance coverage.--The amendment
made by subsection (b) applies with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made subsection (a) shall not apply to plan
years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) the date that is 180 days after the date of the
enactment of this Act.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
(d) Coordination of Administration.--The Secretary of Labor, the
Secretary of the Treasury, and the Secretary of Health and Human
Services shall ensure, through the execution of an interagency
memorandum of understanding among such Secretaries, that--
(1) regulations, rulings, and interpretations issued by
such Secretaries relating to the same matter over which two or
more such Secretaries have responsibility under the provisions
of this Act (and the amendments made thereby) are administered
so as to have the same effect at all times; and
(2) coordination of policies relating to enforcing the same
requirements through such Secretaries in order to have a
coordinated enforcement strategy that avoids duplication of
enforcement efforts and assigns priorities in enforcement. | Women's Obstetrician and Gynecologist Access Now Act - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require a group plan and an issuer offering group coverage to allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating provider without a referral.
States that this Act does not prevent a plan or issuer from establishing: (1) reasonable requirements for a participating provider to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network. Applies such requirements to coverage offered in the individual market. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral."} | 2,739 | 202 | 0.771242 | 2.143189 | 0.71641 | 4.636943 | 14.363057 | 0.968153 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Gun Homicide
Prevention Act of 2015''.
SEC. 2. GRANT PROGRAM REGARDING FIREARMS.
(a) Grant Program.--
(1) Authority to make grants.--The Director of the Office
of Community Oriented Policing Services of the Department of
Justice may make grants to eligible States to assist the State
in carrying out the policies, procedures, protocols, laws, or
regulations described in subsection (b).
(2) Eligible state.--A State shall be eligible to receive
grants under this subsection on and after the date on which the
Attorney General determines that the State has in effect
policies, procedures, protocols, laws, or regulations described
in subsection (b).
(3) Use of funds.--Funds awarded under this section may be
used by a State to assist law enforcement agencies or the
courts of the State in carrying out the policies, procedures,
protocols, laws, or regulations described in subsection (b).
(4) Application.--An eligible State desiring a grant under
this section shall submit to the Director of the Office of
Community Oriented Policing Services an application at such
time, in such manner, and containing or accompanied by such
information, as the Director may reasonably require.
(b) State Policies and Procedures.--The policies, procedures,
protocols, laws, or regulations described in this subsection are
policies, procedures, protocols, laws, or regulations relating to the
possession or transfer of firearms or ammunition (as those terms are
defined in section 921 of title 18, United States Code) that--
(1) impose restrictions and penalties substantially similar
to or more comprehensive than those described in paragraphs (8)
and (9) of subsection (d) and paragraphs (8) and (9) of
subsection (g) of section 922 of title 18, United States Code;
(2) requires the seizure or surrender of all firearms and
ammunition from an individual--
(A) convicted of any crime for which the
restrictions or penalties described in paragraph (1)
apply; or
(B) against whom any court has issued a protection
order, as defined in section 2266(5) of title 18,
United States Code;
(3) require the State and local courts to consider at the
initial appearance before a magistrate of any individual
arrested for any crime for which the restrictions or penalties
described in paragraph (1) apply, if the individual possesses a
firearm or ammunition that has been or is likely to be used to
threaten, harass, menace, or harm the victim or the victim's
child, or may otherwise pose a danger to the victim or the
victim's child and issue a protection order, as defined in
section 2266(5) of title 18, United States Code, in which the
State or local court shall prohibit the possession of any
firearm or ammunition and require the surrender or seizure of
any firearm or ammunition then possessed;
(4) give State and local law enforcement the authority,
consistent with the Constitution of the United States, to seize
a firearm or ammunition when responding to domestic violence
situations, if there is probable cause to believe--
(A) such firearm or ammunition is contraband or
illegally in the possession of the suspected offender;
and
(B) such firearm or ammunition has been or is
likely to be used to threaten, harass, menace, or harm
the victim or the victim's child, or may otherwise pose
a danger to the victim or the victim's child; and
(5) provide for the safe return of any firearm or
ammunition seized or surrendered as described in paragraph (2),
(3), or (4)--
(A) at such time as--
(i) the restrictions and penalties of
paragraph (1) no longer apply to such
individual;
(ii) the protection order described in
paragraph (2) or (3) is no longer in force
against such individual; or
(iii) the firearm or ammunition described
in paragraph (4) is determined not to be
contraband or illegally in the suspected
offender's possession; and
(B) in a manner that does not endanger the safety
of persons who were the victim of any crime described
in paragraph (1) or suspected crime described in
paragraph (4) or who were the persons protected by the
protection order described in paragraph (2) or (3).
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Domestic Violence Gun Homicide Prevention Act of 2015 This bill authorizes the Department of Justice's Office of Community Oriented Policing Services to award grants to states to carry out certain policies and procedures that restrict and penalize firearm possession by or transfer to a person subject to a domestic violence protection order or a person convicted of a domestic violence misdemeanor. | {"src": "billsum_train", "title": "Domestic Violence Gun Homicide Prevention Act of 2015"} | 943 | 83 | 0.521944 | 1.251244 | 0.824817 | 1.825397 | 14.873016 | 0.84127 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FAA Research, Engineering, and
Development Authorization Act of 1997''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 48102(a) of title 49, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (2)(J);
(2) by striking the period at the end of paragraph (3)(J)
and inserting in lieu thereof a semicolon; and
(3) by adding at the end the following:
``(4) for fiscal year 1998, $229,673,000, including--
``(A) $16,379,000 for system development and
infrastructure projects and activities;
``(B) $27,089,000 for capacity and air traffic
management technology projects and activities;
``(C) $23,362,000 for communications, navigation,
and surveillance projects and activities;
``(D) $16,600,000 for weather projects and
activities;
``(E) $7,854,000 for airport technology projects
and activities;
``(F) $49,202,000 for aircraft safety technology
projects and activities;
``(G) $56,045,000 for system security technology
projects and activities;
``(H) $27,137,000 for human factors and aviation
medicine projects and activities;
``(I) $2,891,000 for environment and energy
projects and activities; and
``(J) $3,114,000 for innovative/cooperative
research projects and activities.''.
SEC. 3. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS.
(a) Program.--Section 48102 of title 49, United States Code, is
amended by adding at the end the following new subsection:
``(h) Research Grants Program Involving Undergraduate Students.--
``(1) Establishment.--The Administrator of the Federal
Aviation Administration shall establish a program to utilize
undergraduate and technical colleges in research on subjects of
relevance to the Federal Aviation Administration. Grants may be
awarded under this subsection for--
``(A) research projects to be carried out at
primarily undergraduate institutions and technical
colleges;
``(B) research projects that combine research at
primarily undergraduate institutions and technical
colleges with other research supported by the Federal
Aviation Administration; or
``(C) research on future training requirements on
projected changes in regulatory requirements for
aircraft maintenance and power plant licensees.
``(2) Notice of criteria.--Within 6 months after the date
of the enactment of the FAA Research, Engineering, and
Development Authorization Act of 1997, the Administrator of the
Federal Aviation Administration shall establish and publish in
the Federal Register criteria for the submittal of proposals
for a grant under this subsection, and for the awarding of such
grants.
``(3) Prinicpal criteria.--The principal criteria for the
awarding of grants under this subsection shall be--
``(A) the relevance of the proposed research to
technical research needs identified by the Federal
Aviation Administration;
``(B) the scientific and technical merit of the
proposed research; and
``(C) the potential for participation by
undergraduate students in the proposed research.
``(4) Competitive, merit-based evaluation.--Grants shall be
awarded under this subsection on the basis of evaluation of
proposals through a competitive, merit-based process.''.
(b) Authorization of Appropriations.--Section 48102(a) of title 49,
United States Code, as amended by this Act, is further amended by
inserting ``, of which $750,000 shall be for carrying out the grant
program established under subsection (h)'' after ``projects and
activities'' in paragraph (4)(J).
SEC. 4. LIMITATION ON APPROPRIATIONS.
No sums are authorized to be appropriated to the Administrator of
the Federal Aviation Administration for fiscal year 1998 for the
Federal Aviation Administration Research, Engineering, and Development
account, unless such sums are specifically authorized to be
appropriated by the amendments made by this Act.
SEC. 5. NOTICE OF REPROGRAMMING.
If any funds authorized by the amendments made by this Act are
subject to a reprogramming action that requires notice to be provided
to the Appropriations Committees of the House of Representatives and
the Senate, notice of such action shall concurrently be provided to the
Committees on Science and Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM.
With the year 2000 fast approaching, it is the sense of Congress
that the Federal Aviation Administration should--
(1) give high priority to correcting all 2-digit date-
related problems in its computer systems to ensure that those
systems continue to operate effectively in the year 2000 and
beyond;
(2) assess immediately the extent of the risk to the
operations of the Federal Aviation Administration posed by the
problems referred to in paragraph (1), and plan and budget for
achieving Year 2000 compliance for all of its mission-critical
systems; and
(3) develop contingency plans for those systems that the
Federal Aviation Administration is unable to correct in time. | FAA Research, Engineering, and Development Authorization Act of 1997 - Amends Federal transportation law to authorize FY 1998 appropriations for specified aviation programs.
Directs the Administrator of the Federal Aviation Administration (FAA) to establish a grant program to utilize undergraduate and technical colleges in research on subjects of relevance to the FAA. Sets forth criteria for the award of such grants. Authorizes appropriations for such grants, but limits the FY 1998 authorization for the FAA Research, Engineering, and Development account to sums specified by this Act.
Expresses the sense of the Congress that the FAA should: (1) give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and (2) develop contingency plans for FAA systems it is unable to correct in time. | {"src": "billsum_train", "title": "FAA Research, Engineering, and Development Authorization Act of 1997"} | 1,125 | 180 | 0.540786 | 1.55337 | 0.962757 | 3.161491 | 6.503106 | 0.863354 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Tuition Assistance Act of
2001''.
SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to additional itemized
deductions for individuals) is amended by redesignating section 222 as
section 223 and by inserting after section 221 the following:
``SEC. 222. HIGHER EDUCATION EXPENSES.
``(a) Allowance of Deduction.--
``(1) In general.--In the case of an individual, there
shall be allowed as a deduction an amount equal to the
applicable dollar amount of the qualified tuition and related
expenses paid by the taxpayer during the taxable year.
``(2) Applicable dollar amount.--The applicable dollar
amount for any taxable year shall be determined as follows:
Applicable
``Taxable year: dollar amount:
2002.......................................... $5,000
2003 and thereafter........................... $10,000.
``(b) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be taken into account under subsection (a) shall be
reduced (but not below zero) by the amount determined under
paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph equals the amount which bears the same ratio to
the amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $50,000 ($100,000 in the case of a
joint return), bears to
``(B) $10,000 ($20,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
determined without regard to this section and sections 911,
931, and 933.
``(4) Adjustments for inflation.--
``(A) In general.--In the case of a taxable year
beginning after 2001, the $50,000 and $100,000 amounts
in paragraph (2)(A)(ii) shall be increased by an amount
equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2000'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$1,000.
``(c) Qualified Tuition and Related Expenses.--For purposes of this
section, the term `qualified tuition and related expenses' has the
meaning given such term by section 25A(f)(1) (determined with regard to
section 25A(c)(2)(B)).
``(d) Special Rules.--
``(1) Identification requirement.--No deduction shall be
allowed under subsection (a) to a taxpayer with respect to the
qualified tuition and related expenses of an individual unless
the taxpayer includes the name and taxpayer identification
number of such individual on the return of tax for the taxable
year.
``(2) No double benefit.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any expense for which a
deduction is allowable to the taxpayer under any other
provision of this chapter unless the taxpayer
irrevocably waives his right to the deduction of such
expense under such other provision.
``(B) Denial of deduction to the extent credit is
elected.--No deduction shall be allowed under
subsection (a) for a taxable year with respect to the
qualified tuition and related expenses of an individual
to the extent the taxpayer elects to have section 25A
apply with respect to such expenses for such year.
``(C) Dependents.--No deduction shall be allowed
under subsection (a) to any individual with respect to
whom a deduction under section 151 is allowable to
another taxpayer for a taxable year beginning in the
calendar year in which such individual's taxable year
begins.
``(D) Coordination with exclusions.--A deduction
shall be allowed under subsection (a) for qualified
tuition and related expenses only to the extent the
amount of such expenses exceeds the amount excludable
under section 135 or 530(d)(2) for the taxable year.
``(3) Limitation on taxable year of deduction.--
``(A) In general.--A deduction shall be allowed
under subsection (a) for qualified tuition and related
expenses for any taxable year only to the extent such
expenses are in connection with enrollment at an
institution of higher education during the taxable
year.
``(B) Certain prepayments allowed.--Subparagraph
(A) shall not apply to qualified tuition and related
expenses paid during a taxable year if such expenses
are in connection with an academic term beginning
during such taxable year or during the first 3 months
of the next taxable year.
``(4) Adjustment for certain scholarships and veterans
benefits.--The amount of qualified tuition and related expenses
otherwise taken into account under subsection (a) with respect
to the education of an individual shall be reduced (before the
application of subsection (b)) by the sum of the amounts
received with respect to such individual for the taxable year
as--
``(A) a qualified scholarship which under section
117 is not includable in gross income,
``(B) an educational assistance allowance under
chapter 30, 31, 32, 34, or 35 of title 38, United
States Code, or
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a) or needs-based aid received under part A of
title IV of the Higher Education Act of 1965) for
educational expenses, or attributable to enrollment at
an eligible educational institution, which is exempt
from income taxation by any law of the United States.
``(5) No deduction 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.
``(6) 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.
``(7) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this section, including regulations requiring recordkeeping and
information reporting.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--Section
62(a) of the Internal Revenue Code of 1986 is amended by inserting
after paragraph (17) the following:
``(18) Higher education expenses.--The deduction allowed by
section 222.''.
(c) Conforming Amendment.--The table of sections for part VII of
subchapter B of chapter 1 of the Internal Revenue Code of 1986 is
amended by striking the item relating to section 222 and inserting the
following:
``Sec. 222. Higher education expenses.
``Sec. 223. Cross reference.''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2001 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT.
(a) In General.--Section 25A(c)(1) of the Internal Revenue Code of
1986 (relating to lifetime learning credit) is amended by striking ``20
percent'' and inserting ``28 percent''.
(b) Increase in AGI Limits.--
(1) In general.--Subsection (d) of section 25A of the
Internal Revenue Code of 1986 is amended to read as follows:
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) Hope credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(1) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(2) Lifetime learning credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(2) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $50,000 ($100,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.''.
(2) Conforming amendment.--Section 25A(h)(2)(A) of such
Code is amended by striking ``subsection (d)(2)'' and inserting
``subsection (d)(1)(B) and the $50,000 and $100,000 amounts in
subsection (d)(2)(B)''.
(c) Use of Certain Needs-Based Aid for Qualified Expenses.--Section
25A(g)(2)(C) of the Internal Revenue Code of 1986 (relating to
adjustment for certain scholarships , etc.) is amended by inserting
``or needs-based aid received under part A of title IV of the Higher
Education Act of 1965'' after ``section 102(a)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2001 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 4. EXPANSION OF STUDENT LOAN INTEREST DEDUCTION.
(a) Per Student Basis.--
(1) In general.--Section 221(b)(1) of the Internal Revenue
Code of 1986 (relating to maximum deduction) is amended by
inserting ``with respect to qualified education loans of each
eligible student'' after ``paragraph (2),''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to any loan interest paid after
December 31, 2001, in taxable years ending after such date.
(b) Elimination of 60-Month Limit.--
(1) In general.--Section 221 of the Internal Revenue Code
of 1986 (relating to interest on education loans) is amended by
striking subsection (d) and by redesignating subsections (e),
(f), and (g) as subsections (d), (e), and (f), respectively.
(2) Conforming amendment.--Section 6050S(e) of such Code is
amended by striking ``section 221(e)(1)'' and inserting
``section 221(d)(1)''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to any loan interest paid after
December 31, 2001, in taxable years ending after such date.
(c) Increase in Income Limitation.--
(1) In general.--Section 221(b)(2)(B) of the Internal
Revenue Code of 1986 (relating to amount of reduction) is
amended by striking clauses (i) and (ii) and inserting the
following:
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $15,000 ($20,000 in the case of a
joint return).''.
(2) Conforming amendment.--Section 221(g)(1) of such Code
is amended by striking ``$60,000'' and inserting ``$80,000''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after December 31, 2001.
SEC. 5. PELL GRANTS.
Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)(A)) is amended--
(1) in clause (iii), by striking ``$5,100'' and inserting
``$5,800''; and
(2) in clause (iv), by striking ``$5,400'' and inserting
``$5,800''. | College Tuition Assistance Act of 2001 - Amends the Internal Revenue Code to allow an income-based deduction ($5,000 maximum for 2002; $10,000 maximum for 2003 and thereafter) for qualifying higher education tuition and related expenses on behalf of an individual who can be claimed as a personal exemption by a taxpayer.Increases the: (1) lifetime learning credit to 28 percent of qualified education expenses; and (2) related income eligibility levels.Eliminates specified needs-based educational assistance under the Higher Education Act of 1965 from financial eligibility computations for such credit and the hope scholarship credit.Amends education loan interest provisions to: (1) eliminate the 60-month deductibility limit; (2) increase joint filer income eligibility levels; and (3) apply deductibility limits on a per student basis.Amends the Higher Education Act of 1965 to increase Federal Pell grant amounts for academic years 2001-2002 and 2002-2003. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide assistance to students and families coping with the costs of higher education, and for other purposes."} | 3,100 | 189 | 0.519839 | 1.362556 | 0.694981 | 1.954802 | 15.615819 | 0.824859 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Get Real Incentives to Drive Plug-in
Act''.
SEC. 2. DEFINITION.
For purposes of this Act, the term ``plug-in hybrid electric
vehicle'' means an on-road or nonroad vehicle that is propelled by an
internal combustion engine or heat engine using--
(1) any combustible fuel;
(2) an on-board, rechargeable storage device; and
(3) a means of using an off-board source of electricity.
SEC. 3. RESEARCH AND DEVELOPMENT GRANTS.
(a) In General.--The Secretary of Transportation shall establish a
program to make grants to owners of domestic motor vehicle
manufacturing or production facilities for research and development on
plug-in hybrid electric vehicles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for carrying out this
section $500,000,000 for the period encompassing fiscal years 2008
through 2012.
SEC. 4. PILOT PROJECT.
The Secretary of Transportation shall establish a pilot project to
determine how best to integrate plug-in hybrid electric vehicles into
the electric power grid and into the overall transportation
infrastructure.
SEC. 5. TEST SITE.
The Secretary of Transportation shall establish a test site for the
advancement of battery technologies for plug-in hybrid electric
vehicles, to be modeled after the Department of Transportation's NHTSA
Vehicle Research and Test Center in Ohio.
SEC. 6. PLAN.
Not later than 2 years after the date of enactment of this Act, the
Secretary of Transportation, in collaboration with the Secretary of
Energy, shall transmit to Congress a plan for the introduction and
implementation of a plug-in hybrid electric vehicle support
infrastructure.
SEC. 7. PLUG-IN HYBRID MOTOR VEHICLE TAX CREDIT.
(a) In General.--Section 30B of the Internal Revenue Code of 1986
is amended by redesignating subsections (i) and (j) as subsections (j)
and (k), respectively, and by inserting after subsection (h) the
following new subsection:
``(i) New Plug-in Hybrid Motor Vehicle Credit.--
``(1) In general.--For purposes of subsection (a), the new
plug-in hybrid motor vehicle credit determined under this
subsection with respect to a new qualified plug-in hybrid motor
vehicle placed in service by the taxpayer during the taxable
year is $3,000, if such vehicle is a new qualified plug-in
hybrid motor vehicle with a gross vehicle weight rating of not
more than 8,500 pounds.
``(2) New qualified plug-in hybrid motor vehicle.--For
purposes of this subsection, the term `new qualified plug-in
hybrid motor vehicle' means a motor vehicle--
``(A) which is propelled by an internal combustion
engine or heat engine using--
``(i) any combustible fuel,
``(ii) an on-board, rechargeable storage
device, and
``(iii) a means of using an off-board
source of electricity,
``(B) which, in the case of a passenger automobile
or light truck, has received on or after the date of
the enactment of this section a certificate that such
vehicle meets or exceeds the Bin 5 Tier II emission
level established in regulations prescribed by the
Administrator of the Environmental Protection Agency
under section 202(i) of the Clean Air Act for that make
and model year vehicle,
``(C) the original use of which commences with the
taxpayer,
``(D) which is acquired for use or lease by the
taxpayer and not for resale, and
``(E) which is made by a manufacturer.''.
(b) Conforming Amendments.--
(1) Section 30B(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (3), by
striking the period at the end of paragraph (4) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(5) the new plug-in hybrid motor vehicle credit
determined under subsection (i).''.
(2) Section 30B(k)(2) of such Code, as redesignated by
subsection (a), is amended by striking ``or'' and inserting a
comma and by inserting ``, or a new qualified plug-in hybrid
motor vehicle (as described in subsection (i)(2))'' after
``subsection (d)(2)(A))''.
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act, in taxable years ending after such date.
SEC. 8. REQUIREMENT REGARDING PURCHASE OF MOTOR VEHICLES BY EXECUTIVE
AGENCIES.
(a) In General.--At least 10 percent of the motor vehicles
purchased by an Executive agency in any fiscal year shall be comprised
of plug-in hybrid electric vehicles.
(b) Definitions.--In this section:
(1) The term ``Executive agency'' has the meaning given
that term in section 105 of title 5, United States Code, but
also includes Amtrak, the Smithsonian Institution, and the
United States Postal Service.
(2) The term ``motor vehicle'' has the meaning given that
term in section 102(7) of title 40, United States Code.
(c) Pro-Rated Applicability in Year of Enactment.--In the fiscal
year in which this Act is enacted, the requirement in subsection (a)
shall only apply with respect to motor vehicles purchased after the
date of the enactment of this Act in such fiscal year. | Get Real Incentives to Drive Plug-in Act - Directs the Secretary of Transportation to establish: (1) a program to make grants to motor vehicle manufacturers for research and development on plug-in hybrid electric vehicles; (2) a pilot project on how best to integrate plug-in hybrid electric vehicles into the electric power grid and into the overall transportation infrastructure; and (3) a test site for the advancement of battery technologies for such vehicles.
Amends the Internal Revenue Code to establish a tax credit for taxpayers who own or lease a new plug-in hybrid motor vehicle.
Requires at least 10% of the motor vehicles purchased by a federal agency in any fiscal year to be plug-in hybrid electric vehicles. | {"src": "billsum_train", "title": "To promote the development and use of plug-in hybrid electric vehicles, and for other purposes."} | 1,277 | 150 | 0.598235 | 1.57609 | 0.754205 | 4.598592 | 8.204225 | 0.93662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bridges of Hope for Transitional
Health Insurance Act of 2006''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The national policy of advancing global free trade
through treaties such as NAFTA, CAFTA and supporting the
accession of certain countries to the World Trade Organization
have opened the markets of the United States to a range of
products that have facilitated the export of American jobs and
resulted in the enormous loss of employment in the United
States for our citizens.
(2) This transformation has not been accompanied by a
Federal commitment to reorient, retrain, relocate, or re-employ
individuals in selective State economies dependent upon a
previously robust industrial employment opportunity to minimal
immediate new economic opportunities through well-funded
temporary assistance and economic support program capable of
breaching the loss of jobs and economic opportunities thereby
leaving individuals in the depressed States without the
opportunity to maintain a decent quality of life and health
security by threatening the loss of health insurance coverage.
(3) The responsibility for the transformation of State
economies where economic dislocation occurs is the primary
responsibility of the governmental unit whose policies caused
such a change in the underlying economic base and have such
profound impacts that the State alone cannot be reasonably
expected to mobilize financial resources to bring about
prosperity when the State's own tax resources are declining.
(4) The impact has been to so erode the underlying
structural base of a State that results in a decline in funding
for existing health safety and welfare programs that may be
supported by the State government. Acting alone the State
government cannot remedy the devastating impact on individuals
who must alter the quality of their lifestyle so radically that
health choices become beyond the reach of average families who
have no where else to go.
(5) In the State of Michigan alone the average unemployment
rate has been 2.5 times the national average for over 56 months
and the State is projected to lose more than 63,000 more
factory jobs by 2007 with no hope for rapid implementation to
re-employ such individuals whose only real wealth is their
homestead that cannot be relocated and whose skill levels. But
these individuals cannot find employment to replace the wages
they lost and they are risking foregoing payment of health
insurance in order to preserve their homestead.
(6) The distress suffered by these State industrial
economies cannot be rectified by State Governments alone and it
requires the intervention of the Federal Government to provide
a bridge fund of transitional financial assistance to
individuals to maintain their health insurance premium
payments.
(7) The Federal Government has the responsibility to
establish a health insurance premium enhancement program to
provide individuals a continuity of care and continuum of
lifestyles in a circumstance where the balance of cost-of-
living expenses and mortgage payments force them to abandon
health care coverage and may subject them and their families to
irreparable harm thereby endangering the health safety and
welfare of everyone in their communities.
(b) Purpose.--The purpose of this Act is to establish a Bridges of
Hope for Transitional Health Insurance Program to provide premium
relief for individual workers through a local public health authorities
acting as a fiduciary on their behalf.
SEC. 3. ESTABLISHMENT OF BRIDGES OF HOPE FOR TRANSITIONAL HEALTH
INSURANCE PROGRAM.
(a) In General.--The Public Health Service Act is amended by adding
at the end the following new title:
``TITLE XXIX--BRIDGES OF HOPE FOR TRANSITIONAL HEALTH INSURANCE PROGRAM
``SEC. 2901. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish a program under
this title to provide funds to eligible public health authorities (as
defined in section 2903(1)) for the provision of temporary assistance
to individual workers who have suffered from permanent changes in a
major segment of industrial production employment in a sector of the
economy in an area through irreversible structural changes.
``(b) Application by Eligible Public Health Authorities.--
``(1) In general.--To be eligible to receive funds under
this title, an eligible public health authority shall submit an
application with the Secretary in such form and manner as the
Secretary specifies.
``(2) Prompt consideration of application.--Such an
application shall be treated as complete and accurate unless
the Secretary, within 60 days of the date of the application's
submission, provides notice to the submitting official that--
``(A) states that the application is either
incomplete or inaccurate (or both); and
``(B) provides specific reasons for the application
being incomplete or inaccurate.
``(c) Approval of Applications.--
``(1) Requirements.--The Secretary shall not approve the
application under subsection (b) of an eligible public health
authority serving an area within a State unless the Secretary
determines that the following requirements are met:
``(A) Economic dislocation.--Such application
includes (or is accompanied by) a statement of specific
facts that demonstrate that there is an economic
dislocation in such area that--
``(i) results in the creation of an
employment shortage for individuals employed in
a particular segment of the industrial economy;
and
``(ii) is attributable in part to national
treaties, statutes, policies and objectives.
``(B) High unemployment.-- The unemployment rate in
such area, and in such State, is 25 percent higher than
the national average unemployment rate for six or more
calendar quarters.
``(C) High tax burden.--The tax burden (as measured
by the percentage of per capita income estimated to be
spent on State and local taxes) for the State is above
the national average of such tax burden for all the
States.
``(2) Priority.--The Secretary shall give priority in
approving an application of an eligible public health authority
that is serving a State that has a population of at least
9,000,000 and an unemployment rate that is at least 7 percent
(or, if less, at least 2.5 percentage points above the national
unemployment rate).
``(d) Use of Funds.--
``(1) In general.--Funds provided under this section to an
eligible public health authority shall be used by the authority
to provide a program (in this title referred to as a `Bridges
program') that--
``(A) provides assistance in paying for health care
premiums for employees and former employees (and their
family members) in the area served by the authority;
and
``(B) meets the applicable requirements of
subsection (e).
``(2) Authorities.--An eligible public health authority
provided funds under this title is authorized to use such funds
to carry out a Bridges program and, in connection with such a
program, for any of the following purposes:
``(A) To make public service announcements about
the availability of the funding under this title.
``(B) To develop an intake system for applicants
under the program and retain contractors to assist in
the application process.
``(C) To verify income, employment home ownership
documents, credit reports, and tax returns for the
validity of current financial circumstances.
``(D) To establish various programs and co-pays for
individuals to participate in the program until gainful
employment makes the assistance unnecessary.
``(E) To negotiate with various health insurance
and group health plans to provide health benefits
coverage (including coverage under a COBRA continuation
provision, as defined in section 2791(d)(4)) under the
program in a manner that is affordable and coverage a
broad type of services.
``(F) To monitor coverage provided under the
program.
``(3) Limitation on use of funds for administrative
purposes.--An eligible public health authority may use not more
than 5 percent of the funds provided to it under this title for
administrative purposes.
``(e) Program Requirements.--A Bridges program of an eligible
public health authority shall meet the following requirements:
``(1) Sliding scale assistance.--
``(A) In general.--The program shall provide
assistance with premium payments on a sliding scale
that takes into account--
``(i) the financial condition (and previous
financial condition) of the individual
involved;
``(ii) the wage structure and compensation
scale for similar individuals within the area
served by the program; and
``(iii) the amount of disposable income
remaining for that individual based on their
fixed costs and discretionary spending.
``(2) Guidelines.--
``(A) In general.--The authority shall establish
and publish guidelines--
``(i) for the type and level of individual
support provided based on different income
levels, including the allocation of premium
responsibility between the authority, the
individual, and an employer (or former
employer); and
``(ii) for verification and validation by
the authority of individual applicants.
``(B) Treatment of assets.--Such guidelines--
``(i) shall not take into account the value
of the homestead or other non-liquid assets of
the individual; and
``(ii) shall be designed to result in a
level of assistance for an individual necessary
to cover the cost of maintaining adequate
health benefits coverage for the individual and
the individual's family at a level that
preceded the adverse consequences of the
economic dislocation for the area involved.
``(3) Assignment to insurers; negotiation authority.--An
eligible public health authority may aggregate and assign
individuals making application to the authority for assistance
under this title to various insurers and may negotiate on
behalf of the authority and the Federal government for health
insurance opportunities that improve the range of coverage and
plans or result in a more reasonable premium or a greater mix
of covered services and coverage on behalf of the enrolled
members.
``SEC. 2902. FUNDING.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated, beginning with fiscal year 2007, such sums as may be
necessary to provide for funding to eligible public health authorities
under section 2901.
``(b) Distribution of Funds.--
``(1) In general.--Of the amounts appropriated under
subsection (a), the Secretary shall provide for the
distribution of funds, among authorities with applications
approved under section 2901, based upon a formula that, subject
to paragraph (2), takes into account--
``(A) the number of individuals (and families) for
which assistance will be provided by each authority;
``(B) the income levels for such families; and
``(C) the cost of health benefits coverage (for
which such assistance will be provided) in the area
involved.
``(2) Overhead allotment.--Of the funds made available
under this title to eligible public health authorities, there
shall be made available to each authority (before the
application of the formula under paragraph (1)) an amount
(specified by the Secretary) that would allow for the immediate
establishment of the administrative framework in order to
implement a Bridges program in the area served by such
authority.
``(c) Supplemental Funding.--The funds provided by this title are
in addition to, and shall not in any manner diminish, the current level
of financial assistance and support to any programs that are provided
for under any other appropriation providing assistance to hospitals and
providers, and shall not affect benefits provided to businesses or
individual workers under any unemployment program or otherwise. Funding
under such programs shall not be diminished as a result of assistance
provided under this title.
``SEC. 2903. DEFINITIONS.
``For purposes of this title:
``(1) The term `eligible public health authority' means a
public agency that--
``(A) is created pursuant to State law (which may
be through an intergovernmental compact authorized
under such law);
``(B) is comprised of two or more units of
government;
``(C) has a catchment area that includes a
population of at least 125,000 individuals; and
``(D) has a charter that includes, as a principal
purpose, the provision of assistance to local, county,
and State units of government or employers, employees
and health insurance organizations or security pools
regulated by State government.
``(2) The term `State' includes the District of
Columbia.''.
(b) Conforming Amendment.--Section 2(f) of such Act (42 U.S.C.
201(f)) is amended by striking ``or 1633(1)'' and inserting ``1633(1),
and 2903(2)''. | Bridges of Hope for Transitional Health Insurance Act of 2006 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a program to provide funds to eligible public health authorities for the provision of temporary assistance to individual workers who have suffered from permanent changes in a major segment of industrial production employment in a sector of the economy in an area through irreversible structural changes.
Sets forth funding eligibility requirements, including that there is an economic dislocation in the area that results in the creation of an employment shortage for individuals in a particular segment of the industrial economy that is attributable to national treaties, statutes, policies, and objectives.
Requires a program to: (1) provide assistance in paying for health care premiums for employees and former employees (and their family members) in the area served by the authority; and (2) provide such assistance on a sliding scale that does not take into account the value of an individual's homestead or other non-liquid assets.
Allows an eligible public health authority to aggregate and assign individuals to various insurers and to negotiate on behalf of the authority and the federal government for health insurance opportunities that improve the range of coverage and plans or that result in a more reasonable premium or a greater mix of coverage and covered services. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to provide for Federal funding of a Bridges of Hope for Transitional Health Insurance Program to provide, through State inter-governmental public health authorities, displaced employees with assistance for health insurance premiums for themselves and their families."} | 2,750 | 272 | 0.501361 | 1.694346 | 0.769293 | 5.481928 | 10.51004 | 0.967871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bailout Prevention Act of 2015''.
SEC. 2. DISCOUNTS FOR INDIVIDUALS, PARTNERSHIPS, AND CORPORATIONS.
Section 13(3)(B) of the Federal Reserve Act (12 U.S.C. 343(3)(B))
is amended by striking clauses (ii) and (iii) and inserting the
following:
``(ii)(I) The Board shall establish procedures to
prohibit borrowing from programs and facilities by
borrowers that are insolvent. A borrower shall not be
eligible to borrow from any emergency lending program
or facility unless the Board and all Federal banking
regulators with jurisdiction over the borrower certify
that, at the time the borrower initially borrows under
the program or facility, the borrower is not insolvent.
Solvency shall be assessed by examining the last 4
months of relevant financial data and determining
whether the fair value of the borrower's assets exceeds
the fair value of the borrower's liabilities, with
appropriate adjustment for temporary illiquidity in
relevant markets.
``(II) A borrower shall be considered insolvent for
purposes of this subparagraph if the borrower is--
``(aa) in bankruptcy, resolution under
title II of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (12 U.S.C. 5381 et
seq.), or any other Federal or State insolvency
proceeding; or
``(bb) a bridge financial company (as
defined in section 201(a) of the Dodd-Frank
Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5381(a))) or a bridge depository
institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C.
1813)).
``(III) If the Board or any other banking regulator
makes a certification of solvency, the Board or banking
regulator, as applicable, shall issue a contemporaneous
public statement providing a detailed explanation of
the certification decision.
``(iii) A program or facility shall be considered a
program or facility with broad-based eligibility only
if not fewer than 5 companies are eligible to
participate in the program or facility in a significant
manner.''.
SEC. 3. PENALTY RATE REQUIREMENT; CONGRESSIONAL APPROVAL REQUIREMENT.
Section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) is
amended by adding at the end the following:
``(F) Any emergency lending under this paragraph
shall be provided at an annual interest rate not less
than 500 basis points greater than the cost of
borrowing for the United States Treasury for a
commensurate loan term.
``(G)(i) If the Board determines that the Board
shall create an emergency lending program or facility
that does not comply with the broad-based eligibility
requirement described in subparagraph (B)(iii) or the
penalty rate requirement described in subparagraph (F),
the Board--
``(I) may create such a program or
facility; and
``(II) not later than 3 days after the date
on which a program or facility is created under
clause (i), shall submit to Congress a report
that describes the reasons why the Board is
unable to comply with any requirement described
in the matter preceding subclause (I).
``(ii)(I) A program or facility created under
clause (i)(I) shall terminate on the date that is 30
calendar days after the date on which Congress receives
a report described in clause (i)(II) unless there is
enacted into law a joint resolution approving the
program or facility not later than 30 calendar days
after the date on which the report is received. Any
loan offered through the program or facility that are
outstanding as of the date on which the facility is
terminated shall be repaid in full not later than 30
calendar days after the date on which the program or
facility is terminated.
``(II) For the purpose of this section, the term
`joint resolution' means only a joint resolution--
``(aa) that is introduced not later than 3
calendar days after the date on which the
report referred to in clause (i)(I) is received
by Congress;
``(bb) that does not have a preamble;
``(cc) the title of which is as follows:
`Joint resolution relating to the approval of a
program or facility created by the Board of
Governors of the Federal Reserve System'; and
``(dd) the matter after the resolving
clause of which is as follows: `That Congress
approves the program or facility created by the
Board of Governors of the Federal Reserve
System on __________.' (The blank space being
appropriately filled in).
``(III)(aa) Upon receipt of a report under
subsection (a)(3), the Speaker, if the House would
otherwise be adjourned, shall notify the Members of the
House that, pursuant to this section, the House shall
convene not later than the second calendar day after
receipt of such report.
``(bb) Any committee of the House of
Representatives to which a joint resolution is referred
shall report it to the House not later than 5 calendar
days after the date of receipt of the report described
in clause (i)(II). If a committee fails to report the
joint resolution within that period, the committee
shall be discharged from further consideration of the
joint resolution and the joint resolution shall be
referred to the appropriate calendar.
``(cc) After each committee authorized to consider
a joint resolution reports it to the House or has been
discharged from its consideration, it shall be in
order, not later than the sixth day after Congress
receives the report described in clause (i)(II), to
move to proceed to consider the joint resolution in the
House. All points of order against the motion are
waived. Such a motion shall not be in order after the
House has disposed of a motion to proceed on the joint
resolution. The previous question shall be considered
as ordered on the motion to its adoption without
intervening motion. The motion shall not be debatable.
A motion to reconsider the vote by which the motion is
disposed of shall not be in order.
``(dd) The joint resolution shall be considered as
read. All points of order against the joint resolution
and against its consideration are waived. The previous
question shall be considered as ordered on the joint
resolution to its passage without intervening motion
except 2 hours of debate equally divided and controlled
by the proponent and an opponent. A motion to
reconsider the vote on passage of the joint resolution
shall not be in order.
``(IV)(aa) Upon receipt of a report under clause
(i)(II), if the Senate has adjourned or recessed for
more than 2 days, the majority leader of the Senate,
after consultation with the minority leader of the
Senate, shall notify the Members of the Senate that,
pursuant to this subparagraph, the Senate shall convene
not later than the second calendar day after receipt of
such message.
``(bb) Upon introduction in the Senate, the joint
resolution shall be placed immediately on the calendar.
``(cc)(AA) Notwithstanding Rule XXII of the
Standing Rules of the Senate, it is in order at any
time during the period beginning on the fourth day
after the date on which Congress receives a report
described in clause (i)(II) and ending on the sixth day
after the date on which Congress receives the report
(even though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against
consideration of the joint resolution) are waived. The
motion to proceed is not debatable. The motion is not
subject to a motion to postpone. A motion to reconsider
the vote by which the motion is agreed to or disagreed
to shall not be in order. If a motion to proceed to the
consideration of the resolution is agreed to, the joint
resolution shall remain the unfinished business until
disposed of.
``(BB) Debate on the joint resolution, and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours, which shall
be divided equally between the majority and minority
leaders or their designees. A motion further to limit
debate is in order and not debatable. An amendment to,
or a motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to
recommit the joint resolution is not in order.
``(CC) The vote on passage shall occur immediately
following the conclusion of the debate on a joint
resolution, and a single quorum call at the conclusion
of the debate if requested in accordance with the rules
of the Senate.
``(DD) Appeals from the decisions of the Chair
relating to the application of the rules of the Senate,
as the case may be, to the procedure relating to a
joint resolution shall be decided without debate.
``(V)(aa) If, before the passage by one House of a
joint resolution of that House, that House receives
from the other House a joint resolution, then the
following procedures shall apply:
``(AA) The joint resolution of the other
House shall not be referred to a committee.
``(BB) With respect to a joint resolution
of the House receiving the resolution--
``(CC) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
``(DD) the vote on passage shall be on the
joint resolution of the other House.
``(bb) If one House fails to introduce or consider
a joint resolution under this section, the joint
resolution of the other House shall be entitled to
expedited floor procedures under this section.
``(cc) If, following passage of the joint
resolution in the Senate, the Senate then receives the
companion measure from the House of Representatives,
the companion measure shall not be debatable.
``(dd) If the President vetoes the joint
resolution, the period beginning on the date the
President vetoes the joint resolution and ending on the
date the Congress receives the veto message with
respect to the joint resolution shall be disregarded in
computing the 30-calendar-day period described in
subclause (I) and debate on a veto message in the
Senate under this section shall be 1 hour equally
divided between the majority and minority leaders or
their designees.
``(ee) This subclause and subclauses (II), (III),
and (IV) are enacted by Congress--
``(AA) as an exercise of the rulemaking
power of the Senate and House of
Representatives, respectively, and as such it
is deemed a part of the rules of each House,
respectively, but applicable only with respect
to the procedure to be followed in that House
in the case of a joint resolution, and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
``(BB) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.''.
SEC. 4. PUBLIC DISCLOSURE OF INFORMATION RELATED TO CREDIT FACILITIES.
(a) Reports on GAO Audits.--Section 714(f)(3)(C)(iii) of title 31,
United States Code, is amended--
(1) by striking ``1 year'' and inserting ``60 days''; and
(2) by striking ``24 months'' and inserting ``60 days''.
(b) Public Disclosures by the Board of Governors.--Section 11 of
the Federal Reserve Act (12 U.S.C. 248(s)) is amended--
(1) in the first subsection (s) (relating to transparency
and the release of information)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``1
year'' and inserting ``60 days''; and
(ii) in subparagraph (B), by striking ``the
last day of the eighth calendar quarter
following the calendar quarter in which'' and
inserting ``the date that is 60 days after the
date on which''; and
(B) in paragraph (5), by striking ``24-month'' and
inserting ``60 days''; and
(2) by redesignating the second subsection (s) (relating to
assessments, fees, and other charges) as subsection (t). | Bailout Prevention Act of 2015 This bill amends the Federal Reserve Act, with respect to the discounting of obligations arising out of actual commercial transactions, to declare a borrower ineligible to borrow from any emergency lending program or facility unless the Board of Governors of the Federal Reserve System and all federal banking regulators with jurisdiction over the borrower certify that, at the time the borrower initially borrows under the program or facility, the borrower is not insolvent. A borrower shall be deemed insolvent for such purposes if it is a bridge financial company (organized by the Federal Deposit Insurance Corporation [FDIC] to resolve a covered financial company) or a bridge depository institution (a new national bank or federal savings association organized by the FDIC to assume the deposits of one or more insured depository institutions that are in default or in danger of default). The annual (penalty) interest rate for emergency lending must be at least 500 basis points greater than the cost of borrowing for the United States Treasury for a commensurate loan term. The Board may create an emergency lending program or facility that does not meet the broad-based eligibility requirement (that at least five companies be eligible to participate in it) or this penalty rate requirement, but only if Congress enacts a joint resolution of approval within 30 days. The bill reduces from 1 year to 60 days after termination the deadline by which the Government Accountability Office must release a nonredacted version of any audit report on a credit facility of the Federal Reserve System whose authorization has been terminated by the Board. The Board must also disclose, 60 days (currently 1 year) after it has terminated the authorization of a credit facility, any information concerning its borrowers and counterparties. In the case of a covered transaction the Board must disclose similar information 60 days after the date on which the covered transaction was conducted (currently the last day of the eighth calendar quarter following the calendar quarter of such transaction). A credit facility, unless otherwise terminated by the Board, shall be deemed to have been terminated 60 days (currently 24 months) after the date on which it ceases to makes extensions of credit and loans. | {"src": "billsum_train", "title": "Bailout Prevention Act of 2015"} | 2,864 | 469 | 0.572357 | 1.749951 | 0.707308 | 2.895122 | 6.431707 | 0.812195 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Access Act''.
SEC. 2. PROGRAM AUTHORIZED.
(a) Program Established.--From amounts made available to the
Secretary pursuant to section 6(a), the Secretary shall award grants to
eligible organizations to enable such organizations to conduct the
authorized activities described in section 4.
(b) Award Basis.--
(1) Mandatory.--The Secretary shall award a grant under
this Act in a fiscal year to an eligible organization in an
amount determined on the basis of--
(A) the size of the budget of the eligible
organization in such year compared to the size of the
budgets of all eligible organizations receiving
assistance under this Act in such year; or
(B) the size of the endowment of the eligible
organization in such year compared to the size of the
endowments of all eligible organizations receiving
assistance under this Act in such year.
(2) Permissive.--The Secretary may award a grant under this
Act in a fiscal year to an eligible organization in an amount
determined on the basis of--
(A) the number of students served individually by
the eligible organization in such year compared to the
number of students served individually by all eligible
organizations receiving assistance under this Act in
such year; or
(B) the eligible organization's audited financial
statement for the preceding fiscal year.
(c) Application.--
(1) In general.--Each eligible organization desiring a
grant under this Act in any fiscal year shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
(2) Contents.--Each application shall include--
(A) information documenting the provision of
authorized activities described in section 4 by the
eligible organization to students in the year preceding
the year for which assistance under this Act is
requested; and
(B) the eligible organization's audited financial
statement for the preceding fiscal year.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``college'' means an institution of higher
education (as such term is defined in section 1201(a) of the
Higher Education Act of 1965) that awards an associate's or
bachelor's degree;
(2) the term ``eligible organization'' means an
organization that--
(A) provides a school-based advisor to students
attending public secondary schools and offers
assistance and incentives to encourage such students to
attend college;
(B) has been in existence for 2 years prior to the
date of enactment of this Act;
(C) awards last dollar, gap financing; and
(D) is an organization described in section
501(c)(3) of the Internal Revenue Code of 1986;
(3) the term ``Fund'' means the College Access Endowment
Fund established in section 5(a);
(4) the term ``last dollar, gap financing'' means the funds
required to fill the gap between the cost of college and the
resources available to a student, which resources shall include
a family contribution and any financial aid awarded to a
student;
(5) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education; and
(6) the term ``secondary school'' has the same meaning
given to such term by section 1471(21) of the Elementary and
Secondary Education Act of 1965.
SEC. 4. AUTHORIZED ACTIVITIES.
Grant funds under this Act may be used by an eligible organization
to provide students attending public secondary schools with--
(1) funds to enable such students to attend college;
(2) information about college and financial aid for
college;
(3) information about academic qualifications and
preparation for college;
(4) the costs of preparing for admission to college,
including the costs of college entrance exams, application
fees, financial aid forms, and scholastic aptitude test (SAT)
and American College Test (ACT) exam preparation courses;
(5) full and partial financial grants, especially last
dollar, gap financing;
(6) assistance in selecting and applying for appropriate
colleges and applying for available financial aid;
(7) the costs of entering college, including dormitory
reservation and college acceptance fees; or
(8) continuing college mentors, including paying students
to act as tutors and peer counselors at college.
SEC. 5. COLLEGE ACCESS ENDOWMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States an endowment fund to be known as the College Access
Endowment Fund. The Fund shall consist of amounts appropriated to the
Fund pursuant to section 8 of this Act.
(b) Investment.--It shall be the duty of the Secretary of the
Treasury to invest in full amounts appropriated to the Fund. Such
investments may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and
interest by the United States. For such purpose, such obligations may
be acquired (1) on original issue at the issue price, or (2) by
purchase of outstanding obligations at the market price. The purposes
for which obligations of the United States may be issued under the
Second Liberty Bond Act, as amended, are hereby extended to authorize
the issuance at par of special obligations exclusively to the Fund.
Such special obligation shall bear interest at a rate equal to the
average rate of interest, computed as to the end of the calendar month
next preceding the date of such issue, borne by all marketable
interest-bearing obligations of the United States then forming a part
of the public debt, except that where such average rate is not a
multiple of one-eighth of 1 percent, the rate of interest of such
special obligations shall be the multiple of one-eighth of 1 percent
next lower than such average rate. Such special obligations shall be
issued only if the Secretary of the Treasury determines that the
purchase of other interest-bearing obligations of the United States, or
of obligations guaranteed as to both principal and interest by the
United States on original issue or at the market price, is not in the
public interest.
(c) Sale and Redemption.--Any obligation acquired by the Fund
(except special obligations issued exclusively to the Fund) may be sold
by the Secretary of the Treasury at the market price, and such special
obligations may be redeemed at par plus accrued interest.
(d) Interest and Proceeds.--The interest on, and the proceeds from
the sale or redemption of, any obligations held in the Fund shall be
credited to and form a part of the Fund.
SEC. 6. EXPENDITURES FROM THE FUND.
(a) In General.--The interest and earnings of the Fund shall be
available to the Secretary to enable the Secretary to award grants to
eligible organizations in accordance with this Act.
(b) Audit.--The activities of each eligible organization receiving
a grant under this Act may be audited by the General Accounting Office
under such rules and regulations as may be prescribed by the
Comptroller General of the United States. The representatives of the
General Accounting Office shall have access to all books, accounts,
records, reports, and files and all other papers, things, or property
belonging to or in use by the eligible organization, pertaining to such
activities and necessary to facilitate the audit.
SEC. 7. REPORT; TERMINATION OF GRANT PAYMENTS.
(a) Report.--Each eligible organization receiving a grant under
this Act shall annually prepare and submit to the Secretary a report
demonstrating such organization's compliance with the provisions of
this Act.
(b) Termination.--The Secretary shall terminate grant payments
under this Act for any eligible organization which the Secretary
determines is not in compliance with the provisions of this Act.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Fund $25,000,000 for
fiscal year 1993 to carry out this Act. | College Access Act - Establishes an endowment grant program to support college access programs nationwide.
Directs the Secretary of Education to award endowment grants to eligible organizations in amounts based on specified mandatory award amount formulae. Authorizes the Secretary to make grants to such organizations in amounts based on specified permissive award amount formulae. Includes among organizational eligibility requirements: (1) provision of a school-based advisor to public secondary school students; and (2) offer of assistance and incentives to encourage such students to attend college. Sets forth authorized uses of such grant funds.
Establishes in the Treasury the College Access Endowment Fund. Makes Fund interest and earnings available to the Secretary of Education to award endowment grants.
Authorizes appropriations. | {"src": "billsum_train", "title": "College Access Act"} | 1,709 | 160 | 0.582867 | 1.392631 | 0.874656 | 2.234043 | 11.503546 | 0.801418 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Economic Opportunity
Administration Act of 2013''.
SEC. 2. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION
OF DEPARTMENT OF VETERANS AFFAIRS.
(a) Economic Opportunity Administration.--Part V of title 38,
United States Code, is amended by adding at the end the following new
chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY ADMINISTRATION
``8001. Organization of Administration.
``8002. Functions of Administration.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity Administration.--There is in
the Department of Veterans Affairs a Veterans Economic Opportunity
Administration. The primary function of the Veterans Economic
Opportunity Administration is the administration of the programs of the
Department which provide assistance related to economic opportunity to
veterans and their dependents and survivors.
``(b) Under Secretary for Economic Opportunity.--The Veterans
Economic Opportunity Administration is under the Under Secretary for
Veterans Economic Opportunity, who is directly responsible to the
Secretary for the operations of the Administration.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity Administration is responsible
for the administration of the following programs of the Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) Veterans small business programs, including the
program under section 8127 of this title.''.
(b) Clerical Amendments.--The tables of chapters at the beginning
of title 38, and of part V of title 38, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity Administration.......... 8001''.
SEC. 3. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY.
(a) Under Secretary.--Chapter 3 of title 38, United States Code, is
amended by inserting after section 306 the following new section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity
``(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity, who is appointed by the
President, by and with the advice and consent of the Senate. The Under
Secretary for Veterans Economic Opportunity shall be appointed without
regard to political affiliation or activity and solely on the basis of
demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity Administration or programs of similar
content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans Economic
Opportunity is the head of, and is directly responsible to the
Secretary for the operations of, the Veterans Economic Opportunity
Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of Under
Secretary for Veterans Economic Opportunity occurs or is anticipated,
the Secretary shall establish a commission to recommend individuals to
the President for appointment to the position.
``(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity
Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity programs of the Department.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity, if the Secretary
determines that it is desirable for such person to be a member
of the commission.
``(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the position of
Under Secretary for Veterans Economic Opportunity. The commission shall
submit all recommendations to the Secretary. The Secretary shall
forward the recommendations to the President and the Committees on
Veterans' Affairs of the Senate and House of Representatives with any
comments the Secretary considers appropriate. Thereafter, the President
may request the commission to recommend additional individuals for
appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor relations
functions shall serve as the executive secretary of a commission
established under this subsection.
``(d) Qualifications of Recommended Individuals.--Each individual
recommended to the President by the commission for appointment to the
position of Under Secretary for Veterans Economic Opportunity shall be
an individual who has held a senior level position in the private
sector with responsibilities relating to at least one of the following:
``(1) Education policy.
``(2) Vocational rehabilitation.
``(3) Employment.
``(4) Home loan finance.
``(5) Small business development.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity.''.
(c) Conforming Amendments.--Such title is further amended--
(1) in section 7701(a), by inserting after ``assistance''
the following: ``, other than assistance related to economic
opportunity,'';
(2) in section 7703, by striking paragraphs (2) and (3) and
redesignating paragraphs (4) and (5) as paragraphs (2) and (3),
respectively;
(3) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F), as
subparagraphs (A) through (D), respectively;
(4) in section 317(d), by inserting after ``Under Secretary
for Benefits'' the following: ``, the Under Secretary for
Veterans Economic Opportunity,'';
(5) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits'' the following: ``, the Under Secretary
for Veterans Economic Opportunity,'';
(6) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(7) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(8) in section 542(a)(2)(A)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity'';
(9) in section 544(a)(2)(B)(vi), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity''; and
(10) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits'' the following: ``, the Under Secretary
for Veterans Economic Opportunity,''.
(d) Full-Time Employees.--For fiscal year 2014, the aggregate
number of full-time equivalent employees authorized for the Veterans
Benefit Administration and the Veterans Economic Opportunity
Administration, as established under chapter 80 of title 38, United
States Code, as added by section 2, may not exceed 20,851. | Veterans Economic Opportunity Administration Act of 2013 - Establishes in the Department of Veterans Affairs (VA) a Veterans Economic Opportunity Administration (VEOA), headed by the Under Secretary for Veterans Economic Opportunity, to administer VA programs of economic opportunity assistance to veterans and their dependents and survivors. Requires VEOA to administer the following VA programs: (1) vocational rehabilitation and employment programs; (2) educational assistance programs; (3) veterans' housing loan and related programs; and (4) veterans' small business programs, including the program to increase participation in VA contracts by small business concerns owned and controlled by veterans who have service-connected disabilities and by veterans who do not have such disabilities. Limits the aggregate number of full-time equivalent employees authorized for the Veterans Benefit Administration and VEOA for FY2014. | {"src": "billsum_train", "title": "Veterans Economic Opportunity Administration Act of 2013"} | 1,702 | 162 | 0.604251 | 1.439341 | 0.777792 | 3.876623 | 10.363636 | 0.837662 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Offshore Fairness Act of 2005''.
SEC. 2. PURPOSES.
The purposes of this Act are--
(1) to provide equity to the States of Louisiana,
Mississippi, and Alabama with respect to the seaward boundaries
of the States in the Gulf of Mexico by extending the seaward
boundaries from 3 geographical miles to 3 marine leagues if the
State meets certain conditions not later than 5 years after the
date of enactment of this Act;
(2) to convey to the States of Louisiana, Mississippi, and
Alabama the interest of the United States in the submerged land
of the outer Continental Shelf that is located in the extended
seaward boundaries of the States;
(3) to provide that any mineral leases, easements, rights-
of-use, and rights-of-way issued by the Secretary of the
Interior with respect to the submerged land to be conveyed
shall remain in full force and effect; and
(4) in conveying the submerged land, to ensure that the
rights of lessees, operators, and holders of easements, rights-
of-use, and rights-of-way on the submerged land are protected.
SEC. 3. SEAWARD BOUNDARY EXTENSION.
(a) In General.--Title II of the Submerged Lands Act (43 U.S.C.
1311 et seq.) is amended--
(1) by redesignating section 11 as section 12; and
(2) by inserting after section 10 the following:
``SEC. 11. EXTENSION OF SEAWARD BOUNDARIES OF THE STATES OF LOUISIANA,
MISSISSIPPI, AND ALABAMA.
``(a) Definitions.--In this section:
``(1) Existing interest.--The term `existing interest'
means any lease, easement, right-of-use, or right-of-way on, or
for any natural resource or minerals underlying, the expanded
submerged land that is existence on the date of the conveyance
of the expanded submerged land to the State under subsection
(b)(1).
``(2) Expanded seaward boundary.--The term `expanded
seaward boundary' means the seaward boundary of the State that
is 3 marine leagues seaward of the coast line of the State as
of the day before the date of enactment of this section.
``(3) Expanded submerged land.--The term `expanded
submerged land' means the area of the outer Continental Shelf
that is located between 3 geographical miles and 3 marine
leagues seaward of the coast line of the State as of the day
before the date of enactment of this section.
``(4) Interest owner.--The term `interest owner' means any
person that owns or holds an existing interest in the expanded
submerged land or portion of an existing interest in the
expanded submerged land.
``(5) Secretary.--The term `Secretary' means the Secretary
of the Interior.
``(6) State.--The term `State' means each of the States of
Louisiana, Mississippi, and Alabama.
``(b) Conveyance of Expanded Submerged Land.--
``(1) In general.--If a State demonstrates to the
satisfaction of the Secretary that the conditions described in
paragraph (2) will be met, the Secretary shall, subject to
valid existing rights and subsection (c), convey to the State
the interest of the United States in the expanded submerged
land of the State.
``(2) Conditions.--A conveyance under paragraph (1) shall
be subject to the condition that--
``(A) on conveyance of the interest of the United
States in the expanded submerged land to the State
under paragraph (1)--
``(i) the Governor of the State (or a
delegate of the Governor) shall exercise the
powers and duties of the Secretary under the
terms of any existing interest, subject to the
requirement that the State and the officers of
the State may not exercise the powers to impose
any burden or requirement on any interest owner
that is more onerous or strict than the burdens
or requirements imposed under applicable
Federal law (including regulations) on owners
or holders of the same type of lease, easement,
right-of-use, or right-of-way on the outer
Continental Shelf seaward of the expanded
submerged land; and
``(ii) the State shall not impose any
administrative or judicial penalty or sanction
on any interest owner that is more severe than
the penalty or sanction under Federal law
(including regulations) applicable to owners or
holders of leases, easements, rights-of-use, or
rights-or-way on the outer Continental Shelf
seaward of the expanded submerged lands for the
same act, omission, or violation;
``(B) not later than 5 years after the date of
enactment of this section--
``(i) the State shall enact laws or
promulgate regulations with respect to the
environmental protection, safety, and
operations of any platform pipeline in
existence on the date of conveyance to the
State under paragraph (1) that is affixed to or
above the expanded submerged land that impose
the same requirements as Federal law (including
regulations) applicable to a platform pipeline
on the outer Continental Shelf seaward of the
expanded submerged land; and
``(ii) the State shall enact laws or
promulgate regulations for determining the
value of oil, gas, or other mineral production
from existing interests for royalty purposes
that establish the same requirements as the
requirements under Federal law (including
regulations) applicable to Federal leases for
the same minerals on the outer Continental
Shelf seaward of the expanded submerged land;
and
``(C) the State laws and regulations enacted or
promulgated under subparagraph (B) shall provide that
if Federal law (including regulations) applicable to
leases, easements, rights-of-use, or rights-of-way on
the outer Continental Shelf seaward of the expanded
submerged land are modified after the date on which the
State laws and regulations are enacted or promulgated,
the State laws and regulations applicable to existing
interests will be modified to reflect the change in
Federal laws (including regulations).
``(c) Exceptions.--
``(1) Mineral lease or unit divided.--
``(A) In general.--If any existing Federal oil and
gas or other mineral lease or unit would be divided by
the expanded seaward boundary of a State, the interest
of the United States in the leased minerals underlying
the portion of the lease or unit that lies within the
expanded submerged boundary shall not considered to be
conveyed to the State until the date on which the lease
or unit expires or is relinquished by the United
States.
``(B) Applicability for other purposes.--
Notwithstanding subparagraph (A), the expanded seaward
boundary of a State shall be the seaward boundary of
the State for all other purposes, including the
distribution of revenues under section 8(g)(2) of the
Outer Continental Shelf Lands Act (43 U.S.C.
1337(g)(2)).
``(2) Laws and regulations not sufficient.--If the
Secretary determines that any law or regulation enacted or
promulgated by a State under subparagraph (B) of subsection
(b)(2) does not meet the requirements of that subparagraph, the
Secretary shall not convey the expanded submerged land to the
State.
``(d) Interest Issued or Granted by the State.--This section does
not apply to any interest in the expanded submerged land that a State
issues or grants after the date of conveyance of the expanded submerged
land to the State under subsection (b)(1).
``(e) Liability.--
``(1) In general.--By accepting conveyance of the expanded
submerged land, the State agrees to indemnify the United States
for any liability to any interest owner for the taking of any
property interest or breach of contract from--
``(A) the conveyance of the expanded submerged land
to the State; or
``(B) the State's administration of any existing
interest under subsection (b)(2)(A)(i).
``(2) Deduction from oil and gas leasing revenues.--The
Secretary may deduct from the amounts otherwise payable to the
State under section 8(g)(2) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(g)(2)) the amount of any final
nonappealable judgment for a taking or breach of contract
described in paragraph (1).''.
(b) Conforming Amendment.--Section 2(b) of the Submerged Lands Act
(43 U.S.C. 1301(b)) is amended by striking ``section 4 hereof'' and
inserting ``section 4 or 11''. | Offshore Fairness Act of 2005 - Amends the Submerged Lands Act to require the Secretary of the Interior to convey the interest of the United States in the expanded submerged land of the states of Louisiana, Mississippi, and Alabama, if the state involved demonstrates that specified conditions will be met. Numbers among such conditions the requirement that the state enact, and keep updated, laws or promulgate regulations equivalent to federal law or regulations regarding: (1) the environmental protection, safety, and operations of any operation pipeline in existence on the date of conveyance; and (2) valuation of oil, gas, or other mineral production from existing interests for royalty purposes.
Provides that, if any existing federal oil and gas or other mineral lease or unit would be divided by the expanded seaward boundary of a state, the federal interest in the leased minerals underlying the portion of the lease or unit that lies within the expanded submerged boundary shall not be considered to be conveyed to the state until the date on which the lease or unit expires or is relinquished by the United States. | {"src": "billsum_train", "title": "To amend the Submerged Lands Act to make the seaward boundaries of the States of Louisiana, Alabama, and Mississippi equivalent to the seaward boundaries of the State of Texas and the Gulf Coast of Florida."} | 1,949 | 230 | 0.699461 | 2.107784 | 0.650708 | 5.509804 | 8.612745 | 0.931373 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Our Seniors COLA Act of
2011''.
SEC. 2. RELIEF PAYMENTS FOR NON-COLA YEARS TO RECIPIENTS OF SOCIAL
SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD
RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION
OR PENSION BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--For each non-COLA year of a
program providing benefit payments described in clause
(i), (ii), or (iii) of subparagraph (C) or in
subparagraph (D), the Secretary of the Treasury shall
disburse a cash payment equal to the applicable dollar
amount for such non-COLA year to each individual who,
for any month during such year, is entitled to such a
benefit payment under such program.
(B) Definitions.--For purposes of this section--
(i) Non-COLA year.--The term ``non-COLA
year'' means, in connection with a program
referred to in subparagraph (A), a 12-month
period, ending with or during any calendar year
after 2009, for which--
(I) a cost-of-living adjustment is
generally provided under such program
in relation to an index; and
(II) such an adjustment does not
take effect by reason of the
performance of such index.
(ii) Applicable dollar amount.--The term
``applicable dollar amount'' for a non-COLA
year is--
(I) in the case of a non-COLA year
ending with or during 2010 or 2011 and
in the case of a later non-COLA year
which is not immediately preceded by a
non-COLA year, $250; and
(II) in the case of a non-COLA year
ending after 2011 which is immediately
preceded by a non-COLA year, the
applicable dollar amount in effect
under this clause for such preceding
non-COLA year, plus $50.
(C) Benefit payment described.--For purposes of
subparagraph (A)--
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--
(I) section 202(a) of such Act (42
U.S.C. 402(a));
(II) section 202(b) of such Act (42
U.S.C. 402(b));
(III) section 202(c) of such Act
(42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of
such Act (42 U.S.C. 402(d)(1)(B)(ii));
(V) section 202(e) of such Act (42
U.S.C. 402(e));
(VI) section 202(f) of such Act (42
U.S.C. 402(f));
(VII) section 202(g) of such Act
(42 U.S.C. 402(g));
(VIII) section 202(h) of such Act
(42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42
U.S.C. 423(a));
(X) section 227 of such Act (42
U.S.C. 427); or
(XI) section 228 of such Act (42
U.S.C. 428).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
(without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231d(a)(ii))) under--
(I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45
U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such
Act (45 U.S.C. 231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such
Act (45 U.S.C. 231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such
Act to an adult disabled child (45
U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such
Act (45 U.S.C. 231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such
Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act
(45 U.S.C. 231f(b)(2)) with respect to
any of the benefit payments described
in clause (i) of this subparagraph.
(iii) Veterans benefit.--A benefit payment
described in this clause is a compensation or
pension payment payable under--
(I) section 1110, 1117, 1121, 1131,
1141, or 1151 of title 38, United
States Code;
(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code;
(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of
title 38, United States Code; or
(IV) section 1805, 1815, or 1821 of
title 38, United States Code,
to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code, who received that benefit
during any month within the 3 month period
ending with the month which ends prior to the
month that includes the date of the enactment
of this Act.
(D) SSI cash benefit described.--An SSI cash
benefit described in this subparagraph is a cash
benefit payable under section 1611 (other than under
subsection (e)(1)(B) of such section) or 1619(a) of the
Social Security Act (42 U.S.C. 1382, 1382h).
(2) Requirement.--A payment shall be made under paragraph
(1) in connection with a non-COLA year only to individuals who
reside in 1 of the 50 States, the District of Columbia, Puerto
Rico, Guam, the United States Virgin Islands, American Samoa,
or the Northern Mariana Islands. For purposes of the preceding
sentence, the determination of the individual's residence shall
be based on the current address of record as of the beginning
of the non-COLA year under a program specified in paragraph
(1).
(3) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1 benefit
or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made in connection with a non-COLA year--
(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(C)(i) or paragraph
(1)(C)(ii)(VIII) if, for the last month of such
individual's entitlement in the non-COLA year, such
individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section
202 of the Social Security Act (42 U.S.C. 402) or
section 1129A of such Act (42 U.S.C. 1320a-8a);
(B) in the case of an individual entitled to a
benefit specified in paragraph (1)(C)(iii) if, for the
last month of such individual's entitlement in the non-
COLA year, such individual's benefit under such
paragraph was not payable, or was reduced, by reason of
section 1505, 5313, or 5313B of title 38, United States
Code;
(C) in the case of an individual entitled to a
benefit specified in paragraph (1)(D) if, for last
month of such individual's entitlement in the non-COLA
year, such individual's benefit under such paragraph
was not payable by reason of subsection (e)(1)(A) or
(e)(4) of section 1611 (42 U.S.C. 1382) or section
1129A of such Act (42 U.S.C. 1320a-8a); or
(D) in the case of any individual whose date of
death occurs before the date on which the individual is
certified under subsection (b) to receive a payment
under this section.
(5) Timing and manner of payments.--The Secretary of the
Treasury shall commence disbursing payments under this section
with respect to a non-COLA year--
(A) in the case of a non-COLA year ending with or
during 2010 or 2011, not later than 90 days after the
date of the enactment of this Act; and
(B) in the case of a non-COLA year ending after
2010, at the earliest practicable date but in no event
later than 90 days after the later of the date of the
enactment of this Act or the end of such non-COLA year.
The Secretary of the Treasury may disburse any payment
electronically to an individual in such manner as if such
payment was a benefit payment or cash benefit to such
individual under the applicable program described in
subparagraph (C) or (D) of paragraph (1).
(b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or eligibility for,
a benefit specified in subparagraph (C) or (D) of subsection (a)(1).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of
title 38, United States Code, shall apply to any payment made
under subsection (a) as if such payment was a benefit payment
or cash benefit to such individual under the applicable program
described in subparagraph (C) or (D) of subsection (a)(1).
(4) Payments subject to offset.--Notwithstanding paragraph
(3), for purposes of section 3716 of title 31, United States
Code, any payment made under this section shall not be
considered a benefit payment or cash benefit made under the
applicable program described in subparagraph (C) or (D) of
subsection (a)(1) and all amounts paid shall be subject to
offset to collect delinquent debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii or ssi
benefit.--Section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
made on the basis of an entitlement to a benefit
specified in paragraph (1)(C)(i) or (1)(D) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(C)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act.
(C) Payment on the basis of a veterans benefit.--
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(C)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title.
(e) Appropriation.--Out of any sums in the Treasury of the United
States not otherwise appropriated, the following sums are appropriated
for each fiscal year beginning on or after October 1, 2011, to remain
available until expended, to carry out this section:
(1) For the Secretary of the Treasury, such sums as may be
necessary for administrative costs incurred in carrying out
this section.
(2) For the Commissioner of Social Security--
(A) such sums as may be necessary for payments to
individuals certified by the Commissioner of Social
Security as entitled to receive a payment under this
section; and
(B) such sums as may be certified by the
Commissioner to the Secretary of the Treasury for the
Social Security Administration's Limitation on
Administrative Expenses as necessary for administrative
costs incurred in carrying out this section.
(3) For the Railroad Retirement Board--
(A) such sums as may be necessary for payments to
individuals certified by the Railroad Retirement Board
as entitled to receive a payment under this section;
and
(B) such sums as may be certified by the Board to
the Secretary of the Treasury for the Railroad
Retirement Board's Limitation on Administration as
necessary for administrative costs incurred in carrying
out this section.
(4)(A) For the Secretary of Veterans Affairs--
(i) such sums as may be necessary for the
Compensation and Pensions account, for payments
to individuals certified by the Secretary of
Veterans Affairs as entitled to receive a
payment under this section; and
(ii) such sums as may be certified by the
Secretary of Veterans Affairs to the Secretary
of the Treasury for the Information Systems
Technology account and for the General
Operating Expenses account as necessary for
administrative costs incurred in carrying out
this section.
(B) The Department of Veterans Affairs Compensation and
Pensions account shall hereinafter be available for payments
authorized under subsection (a)(1)(A) to individuals entitled
to a benefit payment described in subsection (a)(1)(C)(iii). | Seniors Protection Act of 2011 - Directs the Secretary of the Treasury, for each non-cost-of-living (non-COLA) year, to disburse a cash payment to recipients of Social Security, Supplemental Security Income (SSI) under title XVI of the Social Security Act, railroad retirement benefits, and veterans disability compensation or pension benefits.
Defines a non-COLA year as a 12-month period for which: (1) a cost-of-living adjustment is generally provided under the pertinent program in relation to an index; but (2) such an adjustment does not take effect by reason of the performance of that index.
Makes $250 the payment for any non-COLA year: (1) ending with or during 2011 or 2011, and (2) any non-COLA year not immediately preceded by another non-COLA year.
Makes the payment for any non-COLA year ending after 2011 which is immediately preceded by another non-COLA year the same as the payment for that immediately preceding non-COLA year, plus $50. | {"src": "billsum_train", "title": "To provide relief payments for non-COLA years to recipients of social security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits."} | 3,595 | 226 | 0.726249 | 2.197844 | 0.78031 | 3.771429 | 14.261905 | 0.961905 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Toll Credit Marketplace Act''.
SEC. 2. TOLL CREDIT MARKETPLACE PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Pilot program.--The term ``pilot program'' means the
toll credit marketplace pilot program established under
subsection (b).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(3) State.--The term ``State'' has the meaning given the
term in section 101 of title 23, United States Code.
(4) Toll credit.--The term ``toll credit'' means the credit
that can be used toward the non-Federal share requirement under
section 120(i) of title 23, United States Code.
(5) Toll credit marketplace.--The term ``toll credit
marketplace'' means a market in which toll credits can be
purchased and sold by States participating in the pilot
program.
(b) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish and implement a
pilot program to develop a toll credit marketplace for States to buy
and sell toll credits.
(c) Purposes.--The purposes of the pilot program are--
(1) to identify whether a monetary value can be assigned to
toll credits;
(2) to identify the discounted rate of toll credits for
cash;
(3) to determine if the purchase of toll credits by States
provides the purchasing State budget flexibility to deal with
funding issues, including off-system needs, transit systems
with high operating costs, or cash flow issues; and
(4) to test the feasibility of expanding the toll credit
market to allow all States to participate on a permanent basis.
(d) Administration.--In carrying out the pilot program, the
Secretary--
(1) shall establish procedures for a toll credit
marketplace;
(2) shall establish an online platform that allows
participating States to offer and bid on toll credit purchases;
(3) not later than 90 days after the date of enactment of
this Act, shall provide notice to States that the Federal
Highway Administration is requesting participants for the pilot
program;
(4) shall allow to participate in the pilot program--
(A) a State that maintains a toll credit balance
accumulated before the date of enactment of this Act;
(B) a State that does not maintain infrastructure
for the collection of toll credits; and
(C) a State that has not accumulated a toll credit
balance; and
(5) shall not allow a State to purchase or sell toll
credits in an amount that is less than 10 percent of the value
of the toll credit value if applied as a non-Federal share
requirement under section 120(i)(1) of title 23, United States
Code.
(e) Reporting Requirements.--
(1) Initial report.--Not later than 180 days after notice
of the pilot program is provided to the States under subsection
(d)(3), the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the progress of the toll credit
marketplace.
(2) State report.--Not later than 30 days after a purchase
or sale in the toll credit marketplace under the pilot
program--
(A) a State selling toll credits shall provide to
the Secretary information on the transaction,
including--
(i) the amount of cash received;
(ii) the value of toll credits sold;
(iii) the intended use of the cash; and
(iv) the remaining toll credit balance of
the State; and
(B) a State purchasing toll credits shall provide
to the Secretary information on--
(i) the value of toll credits purchased;
(ii) the anticipated use of the toll
credits; and
(iii) plans for maintenance of effort for
spending on Federal-aid highway projects.
(3) Annual report.--Not later than 1 year after notice of
the pilot program is provided to the States under subsection
(d)(3) and each year thereafter that the pilot program is in
effect, the Secretary shall--
(A) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report that--
(i) evaluates whether a toll credit
marketplace is viable;
(ii) describes the buying and selling
activities of the toll credit marketplace;
(iii) determines the monetary value of toll
credits;
(iv) evaluates whether the pilot program
could be expanded to more States or all States;
and
(v) provides updated information on the
toll credit balance accumulated by each State;
and
(B) make the report under subparagraph (A) publicly
available on the website of the Secretary.
(f) Maintenance of Effort.--Except as provided in subsection
(i)(2), a State participating in the toll credit marketplace shall be
subject to section 120(i)(2) of title 23, United States Code.
(g) Use of Funds Received for the Sale.--
(1) In general.--A State that receives funds from the sale
of a toll credit may use the funds only for a project eligible
for assistance under chapter 1 of title 23, United States Code,
or chapter 53 of title 49, United States Code.
(2) Certification.--Before expending any funds received in
exchange for a toll credit, the State shall--
(A) provide to the Secretary a certification that
the funds will be used as described in paragraph (1);
and
(B) receive approval from the Secretary under
paragraph (3).
(3) Approval.--Not later than 30 days after the receipt of
a certification under paragraph (2), the Secretary shall send a
notice of decision to the State that--
(A) approves the certification; or
(B)(i) disapproves the certification; and
(ii) includes an explanation of the grounds for
disapproval and recommendations for addressing the
deficiencies.
(4) Appeal.--If the Secretary disapproves the certification
under paragraph (3)(B)--
(A) not later than 30 days after a State receives a
notice of decision disapproving the certification, the
State may ask the Secretary to reconsider the decision;
and
(B) not later than 60 days after the Secretary
receives a request to reconsider under subparagraph
(A), the Secretary shall review the request and make a
determination.
(h) Metropolitan Planning Organization and Local Government Toll
Credit Allocation.--
(1) Purchase of toll credits.--On request of a metropolitan
planning organization or local government in the State, and
with a timely payment of the amount of the toll credits, a
State may purchase toll credits under this section on behalf of
the metropolitan planning organization or local government.
(2) Allocation of toll credits.--On approval of the
relevant metropolitan planning organization or local
government, a State may allocate toll credits purchased by the
State for use by the metropolitan planning organization or
local government.
(i) Limitation on Use of Federal Funds for the Purchase of Toll
Credits.--
(1) Limitation on federal funds.--A State, metropolitan
planning organization, or local government may not use Federal
funds to purchase toll credits on the toll credit marketplace.
(2) Use of toll credits.--A State may use toll credits
purchased under this section to meet not more than 10 percent
of the non-Federal share requirement for any funds made
available to carry out chapter 1 of title 23, United States
Code, or chapter 53 of title 49, United States Code, for each
fiscal year.
(j) GAO Report.--After the end of the first year during which the
toll credit marketplace is in operation, the Comptroller General of the
United States shall--
(1) conduct a study on the performance of the toll credit
marketplace; and
(2) submit to Congress a report that includes--
(A) a determination as to whether the pilot program
is successful; and
(B) any recommendations on how to improve the pilot
program.
(k) Sunset.--The pilot program shall terminate on September 30,
2020. | Toll Credit Marketplace Act This bill directs the Department of Transportation to establish and implement a pilot program to develop a toll credit marketplace for states to buy and sell toll credits. States may use funds from the sale of toll credits to offset the nonfederal share of the cost of any transportation project. The Government Accountability Office shall study and report on the performance of the toll credit marketplace. | {"src": "billsum_train", "title": "Toll Credit Marketplace Act"} | 1,788 | 85 | 0.638244 | 1.47333 | 0.530405 | 3.959459 | 22.554054 | 0.878378 |
SECTION 1. TEACHER EXCHANGE PROGRAM.
(a) Short Title.--This Act may be cited as the ``Teacher Exchange
Act of 2010''.
(b) Establishment.--The Secretary of Education may make grants to
local educational agencies to carry out teacher exchanges in which one
local educational agency sends teachers to another local educational
agency located in a different geographic region for a school year.
(c) Eligibility.--To be eligible to receive a grant under this
section, a local educational agency shall submit an application to the
Secretary certifying that such agency--
(1) has entered into a partnership with a receiving local
educational agency that is located in a different geographic
region, as determined by the Secretary, or has actively sought
such a partnership; and
(2)(A) is a high-need local educational agency; or
(B) has entered into a partnership described in paragraph
(1) with a high-need local educational agency, or has actively
sought such a partnership.
(d) Use of Funds.--The recipient of a grant under this section
shall use the grant for each of the following purposes:
(1) Carrying out a teacher exchange under which the
recipient sends teachers employed by the recipient to a
receiving local educational agency to teach or perform a
similar function at such agency as such teachers had previously
performed.
(2) Developing and implementing a plan, through the
partnership described in subsection (b), to provide
participating teachers with activities designed to promote
professional development, including--
(A) an orientation session or courses to prepare
such teachers for--
(i) the exchange experience;
(ii) the community in which the receiving
local educational agency is located and the
schools in such agency; and
(iii) the particular grade level and
curriculum assigned to the participating
teacher by the receiving local educational
agency;
(B) a mentoring program through which a
participating teacher is paired with a mentor (who is
not also a participating teacher) employed by the
receiving local educational agency who teaches in the
same grade level or subject area that the participating
teacher has been assigned to teach under the exchange;
(C) a forum for participating teachers, led by an
administrator or teacher at the receiving local
educational agency, to engage in ongoing professional
development focused on improving classroom instruction
to result in improved student outcomes, including
reading educational research, reviewing student work,
creating and reviewing formative and summative
assessments, analyzing data from student assessments,
and tracking student progress; and
(D) content-specific programs designed to support
participating teachers in teaching the specific
curriculum in place at the receiving local education
agency and at the grade level to which the
participating teacher is assigned.
(3) Reimbursing each participating teacher for travel
expenses incurred by the participating teacher while traveling
to and from the receiving local educational agency, not more
than twice per calendar year, for the purpose of participating
in a teacher exchange funded by a grant under this section.
(4) Providing housing for participating teachers while
participating in such an exchange, including cost of living
increases as necessary to provide such housing.
(5) Providing a living stipend to participating teachers
that--
(A) is added to the regular salary of such teachers
each pay period, for the duration of the exchange; and
(B) includes an annual cost-of-living adjustment.
(6) Reimbursing the receiving local educational agency for
supplies or other incidental items purchased for use by
participating teachers during such an exchange.
(e) Restriction.--The recipient of a grant under this section may
not use the grant to pay the regular salary of participating teachers
during the period of an exchange funded by a grant under this section.
(f) Conditions.--As a condition of receiving a grant under this
section, a grant recipient shall--
(1) ensure that each participating teacher in an exchange
funded under this section has at least three years of teaching
experience prior to participating in such exchange;
(2) certify that such participation shall not serve as
grounds for the grant recipient terminating the employment of a
participating teacher;
(3) ensure by contract or agreement with each participating
teacher that each teacher agrees to serve--
(A) in the receiving local educational agency for a
school year; and
(B) in the local educational agency that selected
such teacher for participation in the exchange for the
duration of the two-year period following such
participation unless the Secretary after determining
that the performance of such service poses a
significant hardship to the teacher, waives such
condition;
(4) certify that upon the failure of a participating
teacher to satisfy a condition in paragraph (2), the grant
recipient shall--
(A) recover from such teacher the amount of the
grant funds that have been remitted to or on behalf of
such teacher on a pro-rata basis (as determined by the
Secretary); and
(B) return the funds recovered under subparagraph
(A) to the Secretary not later than 60 days after the
recovery of such funds; and
(5) if the recipient has not entered into an agreement with
a receiving local educational agency by the date that is 6
months after the date of the the receipt of the grant, return
the grant to the Secretary.
(g) Selection Criteria.--In awarding grants under this section, the
Secretary of Education shall give priority to local educational
agencies that--
(1) have entered into partnerships with receiving local
educational agencies before applying for a grant under this
section;
(2) the Secretary determines would be able to provide
participating teachers with training or experience such
teachers would not receive from teaching in the local
educational agency where such teachers are employed, including
immersion in a linguistically different culture; and
(3) focus on instruction in science, math, English as a
second language, special education, or other subject areas that
have a high need for qualified teachers, as determined by the
Secretary.
(h) Definitions.--In this section:
(1) The term ``local educational agency'' has the meaning
given such term in section 9101(26) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801(26)).
(2) The term ``high-need local educational agency'' means
an agency as defined in section 2102(2) of the Elementary and
Secondary Act of 1965 (20 U.S.C. 6602(3)).
(3) The term ``receiving local educational agency'' means a
local educational agency to which a participating teacher will
be sent for the duration of the exchange funded by a grant
under this section.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $20,000,000 for each of
fiscal years 2011 through 2016 to carry out this Act. | Teacher Exchange Act of 2010 - Authorizes the Secretary of Education to make grants to local educational agencies (LEAs) and high-need LEAs for teacher exchanges.
Requires each grantee to: (1) send teachers to a receiving LEA in a different area; (2) provide participating teachers with professional development activities, travel reimbursement, housing, and a living stipend that is added to their regular salary; and (3) reimburse the receiving LEA for supplies and other incidental items purchased for use by participating teachers.
Requires teachers who participate in an exchange to have had at least three years of teaching experience and agree to serve the receiving LEA for one school year and their own LEA for the two-year period following their participation in the exchange. | {"src": "billsum_train", "title": "To authorize the Secretary of Education to make grants to local educational agencies to carry out teacher exchanges."} | 1,429 | 166 | 0.594684 | 1.546124 | 0.750785 | 2.289655 | 9.675862 | 0.868966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Families Afford Tuition
Act''.
SEC. 2. HIGHER EDUCATION TUITION 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 TUITION 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 in an amount equal to 50 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 $10,000.
``(b) Limitations.--
``(1) Limitation based on modified adjusted gross income.--
``(A) In general.--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 determined under subparagraph
(B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so taken into
account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $100,000 ($200,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--The term
`modified adjusted gross income' means the adjusted
gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income
under section 911, 931, or 933.
``(2) Other limitations.--
``(A) Credit allowed only for 5 taxable years.--An
election to have this section apply with respect to any
eligible student may not be made for any taxable year
if such an election (by the taxpayer or any other
individual) is in effect with respect to such student
for any 5 prior taxable years.
``(B) Credit allowed for year only if individual is
at least 1/2 time student for portion of year.--The
credit under subsection (a) shall not be allowed for a
taxable year with respect to the qualified tuition and
related expenses of an individual unless such
individual is an eligible student for at least one
academic period which begins during such year.
``(C) Credit allowed only for first 5 years of post
secondary education.--An election to have this section
apply with respect to any eligible student may not be
made for any taxable year if the student has completed
(before the beginning of such taxable year) 5 years of
post secondary education at one or more eligible
educational institutions.
``(D) Denial of credit if student convicted of a
felony drug offense.--The credit under subsection (a)
shall not be allowed for qualified tuition and related
expenses for the enrollment or attendance of a student
for any academic period if such student has been
convicted of a Federal or State felony offense
consisting of the possession or distribution of a
controlled substance before the end of the taxable year
with or within which such period ends.
``(c) Definitions.--For purposes of this subsection--
``(1) Eligible student.--The term `eligible student' means,
with respect to any academic period, a student 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) 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.--
``(A) In general.--The term `qualified tuition and
related expenses' means tuition and fees required for
the enrollment or attendance of an eligible student who
is--
``(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,
at an eligible educational institution for courses of
instruction of such individual at such institution.
``(B) Exception for education involving sports,
etc.--Such term does not include expenses with respect
to any course or other education involving sports,
games, or hobbies, unless such course or other
education is part of the individual's degree program.
``(C) Exception for nonacademic fees.--Such term
does not include student activity fees, athletic fees,
insurance expenses, or other expenses unrelated to an
individual's academic course of instruction.
``(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 (20 U.S.C. 1088), 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.
``(d) Special Rules.--
``(1) Identification requirement.--No credit shall be
allowed under subsection (a) to a taxpayer with respect to the
qualified tuition and related expenses of an individual unless
the taxpayer includes the name and taxpayer identification
number of such individual on the return of tax for the taxable
year.
``(2) Adjustment for certain scholarships, etc.--The amount
of qualified tuition and related 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), (b), and (c)) 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, and
``(C) a payment (other than a gift, bequest,
devise, or inheritance within the meaning of section
102(a)) for such individual'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) qualified tuition and related expenses 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 qualified
tuition and related expenses 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 a 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.
``(e) 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 amount 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
the Internal Revenue Code of 1986 is amended by striking
section 222 (relating to qualified tuition and related
expenses).
(2) Clerical amendment.--The table of section for part VII
of subchapter B of chapter 1 of such Code is amended by
striking the item relating to section 222.
(c) Conforming Amendments.--
(1) Section 62(a) of such Code is amended by striking
paragraph (18).
(2) Subparagraph (B) of section 72(t)(7) of such Code is
amended by striking ``section 25A(g)(2)'' and inserting
``section 25A(d)(2)''.
(3) Section 221(d) of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in paragraph
(2)(B) and inserting ``section 25A(d)(2)'',
(B) by striking ``section 25A(f)(2)'' in paragraph
(2)(B) and inserting ``section 25A(c)(3)'', and
(C) by striking ``section 25A(b)(3)'' in paragraph
(3) and inserting ``section 25A(c)(1)''.
(4) Section 529 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (c)(3)(B)(v) and inserting ``section
25A(d)(2)'', and
(B) by striking ``section 25A(b)(3)'' in clause (i)
of subsection (e)(3)(B) and inserting ``section
25A(c)(1)''.
(5) Section 530 of such Code is amended--
(A) by striking ``section 25A(g)(2)'' in subclause
(I) of subsection (d)(2)(C)(i) and inserting ``section
25A(d)(2)'', and
(B) by striking ``section 25A(g)(2)'' in clause
(iii) of subsection (d)(4)(B) and inserting ``section
25A(d)(2)''.
(6) 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 before the date of the enactment
of this sentence.''.
(7) Subsection (e) of section 6050S of such Code is amended
by striking ``(without regard to subsection (g)(2) thereof)''
and inserting ``(without regard to subsection (d)(2)
thereof)''.
(8) Subparagraph (J) of section 6213(g)(2) of such Code is
amended by striking ``section 25A(g)(1)'' and inserting
``section 25A(d)(1)''.
(9) 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 tuition credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Helping Families Afford Tuition Act - Amends the Internal Revenue Code to replace the Hope Scholarship and Lifetime Learning tax credits with an income-based tax credit for 50% of qualified tuition and related expenses, up to $10,000, for attendance at an institution of higher education. Repeals the tax deduction for qualified tuition and related expenses. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a higher education tuition credit in place of existing education tax incentives."} | 2,742 | 73 | 0.518935 | 1.164115 | 0.771753 | 2.47619 | 38.904762 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Student Athletes from
Concussions Act of 2018''.
SEC. 2. MINIMUM STATE REQUIREMENTS.
(a) Minimum Requirements.--Each State that receives funds under the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)
and does not meet the requirements described in this section, as of the
date of enactment of this Act, shall, not later than the last day of
the fifth full fiscal year after the date of enactment of this Act
(referred to in this Act as the ``compliance deadline''), enact
legislation or issue regulations establishing the following minimum
requirements:
(1) Local educational agency concussion safety and
management plan.--Each local educational agency in the State,
in consultation with members of the community in which such
agency is located, shall develop and implement a standard plan
for concussion safety and management that--
(A) educates students, parents, and school
personnel about concussions, through activities such
as--
(i) training school personnel, including
coaches, teachers, athletic trainers, related
services personnel, and school nurses, on
concussion safety and management, including
training on the prevention, recognition, and
academic consequences of concussions and
response to concussions; and
(ii) using, maintaining, and disseminating
to students and parents--
(I) release forms and other
appropriate forms for reporting and
record keeping;
(II) treatment plans; and
(III) prevention and post-injury
observation and monitoring fact sheets
about concussion;
(B) encourages supports, where feasible, for a
student recovering from a concussion (regardless of
whether or not the concussion occurred during school-
sponsored activities, during school hours, on school
property, or during an athletic activity), such as--
(i) guiding the student in resuming
participation in athletic activity and academic
activities with the help of a multi-
disciplinary concussion management team, which
may include--
(I) a health care professional, the
parents of such student, a school
nurse, relevant related services
personnel, and other relevant school
personnel; and
(II) an individual who is assigned
by a public school to oversee and
manage the recovery of such student;
and
(ii) providing appropriate academic
accommodations aimed at progressively
reintroducing cognitive demands on the student;
and
(C) encourages the use of best practices designed
to ensure, with respect to concussions, the uniformity
of safety standards, treatment, and management, such
as--
(i) disseminating information on concussion
safety and management to the public; and
(ii) applying uniform best practice
standards for concussion safety and management
to all students enrolled in public schools.
(2) Posting of information on concussions.--Each public
elementary school and each public secondary school shall post
on school grounds, in a manner that is visible to students and
school personnel, and make publicly available on the school
website, information on concussions that--
(A) is based on peer-reviewed scientific evidence
(such as information made available by the Centers for
Disease Control and Prevention);
(B) shall include information on--
(i) the risks posed by sustaining a
concussion;
(ii) the actions a student should take in
response to sustaining a concussion, including
the notification of school personnel; and
(iii) the signs and symptoms of a
concussion; and
(C) may include information on--
(i) the definition of a concussion;
(ii) the means available to the student to
reduce the incidence or recurrence of a
concussion; and
(iii) the effects of a concussion on
academic learning and performance.
(3) Response to concussion.--If an individual designated
from among school personnel for purposes of this Act, one of
whom must be in attendance at every school-sponsored activity,
suspects that a student has sustained a concussion (regardless
of whether or not the concussion occurred during school-
sponsored activities, during school hours, on school property,
or during an athletic activity)--
(A) the student shall be--
(i) immediately removed from participation
in a school-sponsored athletic activity; and
(ii) prohibited from returning to
participate in a school-sponsored athletic
activity on the day that student is removed
from such participation; and
(B) the designated individual shall report to the
parent or guardian of such student--
(i) any information that the designated
school employee is aware of regarding the date,
time, and type of the injury suffered by such
student (regardless of where, when, or how a
concussion may have occurred); and
(ii) any actions taken to treat such
student.
(4) Return to athletics.--If a student has sustained a
concussion (regardless of whether or not the concussion
occurred during school-sponsored activities, during school
hours, on school property, or during an athletic activity),
before such student resumes participation in school-sponsored
athletic activities, the school shall receive a written release
from a health care professional, that--
(A) states that the student is capable of resuming
participation in such activities; and
(B) may require the student to follow a plan
designed to aid the student in recovering and resuming
participation in such activities in a manner that--
(i) is coordinated, as appropriate, with
periods of cognitive and physical rest while
symptoms of a concussion persist; and
(ii) reintroduces cognitive and physical
demands on such student on a progressive basis
only as such increases in exertion do not cause
the reemergence or worsening of symptoms of a
concussion.
(b) Noncompliance.--
(1) First year.--If a State described in subsection (a)
fails to comply with subsection (a) by the compliance deadline,
the Secretary of Education shall reduce by 5 percent the amount
of funds the State receives under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) for the first
fiscal year following the compliance deadline.
(2) Succeeding years.--If the State fails to so comply by
the last day of any fiscal year following the compliance
deadline, the Secretary of Education shall reduce by 10 percent
the amount of funds the State receives under that Act for the
following fiscal year.
(3) Notification of noncompliance.--Prior to reducing any
funds that a State receives under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.) in accordance
with this subsection, the Secretary of Education shall provide
a written notification of the intended reduction of funds to
the State and to the appropriate committees of Congress.
SEC. 3. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to affect civil or criminal
liability under Federal or State law.
SEC. 4. DEFINITIONS.
In this Act:
(1) Concussion.--The term ``concussion'' means a type of
mild traumatic brain injury that--
(A) is caused by a blow, jolt, or motion to the
head or body that causes the brain to move rapidly in
the skull;
(B) disrupts normal brain functioning and alters
the mental state of the individual, causing the
individual to experience--
(i) any period of observed or self-
reported--
(I) transient confusion,
disorientation, or impaired
consciousness;
(II) dysfunction of memory around
the time of injury; or
(III) loss of consciousness lasting
less than 30 minutes; or
(ii) any 1 of 4 types of symptoms,
including--
(I) physical symptoms, such as
headache, fatigue, or dizziness;
(II) cognitive symptoms, such as
memory disturbance or slowed thinking;
(III) emotional symptoms, such as
irritability or sadness; or
(IV) difficulty sleeping; and
(C) can occur--
(i) with or without the loss of
consciousness; and
(ii) during participation in any organized
sport or recreational activity.
(2) Health care professional.--The term ``health care
professional''--
(A) means an individual who has been trained in
diagnosis and management of traumatic brain injury in a
pediatric population; and
(B) includes a physician (M.D. or D.O.) or
certified athletic trainer who is registered, licensed,
certified, or otherwise statutorily recognized by the
State to provide such diagnosis and management.
(3) Local educational agency; state.--The terms ``local
educational agency'' and ``State'' have the meanings given such
terms in section 8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801).
(4) Related services personnel.--The term ``related
services personnel'' means individuals who provide related
services, as defined under section 602 of the Individuals with
Disabilities Education Act (20 U.S.C. 1401).
(5) School-sponsored athletic activity.--The term ``school-
sponsored athletic activity'' means--
(A) any physical education class or program of a
school;
(B) any athletic activity authorized during the
school day on school grounds that is not an
instructional activity;
(C) any extra-curricular sports team, club, or
league organized by a school on or off school grounds;
and
(D) any recess activity. | Protecting Student Athletes from Concussions Act of 2018 This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to condition each state's receipt of ESEA funds on the state's establishment of specified minimum requirements for the prevention and treatment of concussions in school sports. | {"src": "billsum_train", "title": "Protecting Student Athletes from Concussions Act of 2018"} | 2,152 | 69 | 0.565677 | 1.183482 | 0.751137 | 2.098039 | 37.745098 | 0.803922 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adjusting for Income Disparity Act
of 2012''.
SEC. 2. INCOME DISPARITY TAX CREDIT.
(a) In General.--Part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after section 32
the following new section:
``SEC. 32A. INCOME DISPARITY CREDIT.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year an amount equal to income disparity credit amount
with respect to the taxpayer for the taxable year.
``(b) Income Disparity Credit Amount.--For purposes of this
section--
``(1) In general.--The income disparity credit amount shall
be an amount equal to the applicable credit amount reduced (but
not below zero) by the applicable percentage of so much of the
taxpayer's modified adjusted gross income as exceeds the
phaseout threshold.
``(2) Applicable amount; percentage.--The applicable credit
amount, the applicable percentage, and the phaseout threshold
shall be determined as follows:
The The The
``In the case of a taxpayer applicable applicable phaseout
with: credit percentage threshold
amount is: is: is:
No dependents................. $2,500 3\1/3\ $15,000
1 dependent................... $4,000 5\1/3\ $20,000
2 dependents.................. $4,500 6 $25,000
3 or more dependents.......... $5,000 6\2/3\ $30,000.
``(c) Definitions and Special Rules.--For purposes of this
section--
``(1) Dependent.--The term `dependent' has the meaning
given such term by section 152 (determined without regard to
subsections (b)(2) and (d)(1)(B) thereof.)
``(2) Modified adjusted gross income.--The term `modified
adjusted gross income' means adjusted gross income increased
by--
``(A) any amount excluded from gross income under
section 911, 931, or 933,
``(B) any amount of interest received or accrued by
the taxpayer during the taxable year which is exempt
from tax,
``(C) an amount equal to the portion of the
taxpayer's social security benefits (as defined in
section 86(d)) which is not included in gross income
under section 86 for the taxable year, and
``(D) any Federal assistance otherwise excluded
from gross income.
``(3) Married individuals.--In the case of an individual
who is married (within the meaning of section 7703), this
section shall apply only if a joint return is filed for the
taxable year under section 6013.
``(4) Rule for excessive investment income.--No credit
shall be allowed under subsection (a) for the taxable year if
the aggregate amount of disqualified income (as defined in
section 32(i)(1)) of the taxpayer for the taxable year exceeds
$3,100.
``(5) Dependent ineligible.--If an individual is a
dependent with respect to a taxpayer for any taxable year of
such taxpayer beginning in a calendar year, such individual
shall not be allowed a credit under this section for any
taxable year of such individual beginning in such calendar
year.
``(6) Limitation on eligibility of nonresident aliens.--No
credit shall be allowed with respect to any individual who is a
nonresident alien individual for any portion of the taxable
year unless such individual is treated for such taxable year as
a resident of the United States for purposes of this chapter by
reason of an election under subsection (g) or (h) of section
6013.
``(7) Principal place of abode in united states.--
``(A) In general.--No credit shall be allowed with
respect to an individual for a taxable year, unless
such individual's principal place of abode is in the
United States for more than \1/2\ of such taxable year.
``(B) Treatment of military personnel stationed
outside the united states.--Rules similar to the rules
of section 32(c)(4) shall apply for purposes of
subparagraph (A).
``(8) Minimum hours of service.--
``(A) In general.--No credit shall be allowed under
subsection (a) with respect to an individual unless
such individual (or, if married, such individual's
spouse) has performed 390 hours of service or more for
an employer during the taxable year.
``(B) Special rule for self-employment.--A taxpayer
who is an employee within the meaning of section
401(c)(1) shall be treated as performing service for an
employer for purposes of this paragraph.
``(9) Identifying information required.--No credit shall be
allowed under subsection (a) with respect to an individual
unless the TIN of such individual, and the TIN of any dependent
taken into account under this section with respect to such
individual, is included on the return claiming the credit.
``(d) Inflation Adjustment.--In the case of any taxable year
beginning in a calendar year after 2012, each of the dollar amounts in
the table in subsection (b)(2) and the dollar amount in subsection
(c)(4) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2011' for
`calendar year 1992' in subparagraph (B) thereof.
Any increase determined under the preceding sentence shall be rounded
to the nearest multiple of $10.''.
(b) Clerical Amendment.--The table of sections for part IV of
subchapter A of chapter 1 of such Code is amended by inserting after
the item relating to section 32 the following new item:
``Sec. 32A. Income disparity credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 3. ACCELERATION OF EGTRRA SUNSET.
(a) In General.--Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by striking ``December 31, 2012''
and inserting ``December 31, 2011''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Economic Growth and Tax
Relief Reconciliation Act of 2001.
SEC. 4. ACCELERATION OF JGTRRA SUNSET.
(a) In General.--Section 303 of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 is amended by striking ``December 31, 2012''
and inserting ``December 31, 2011''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of the Jobs and Growth Tax
Relief Reconciliation Act of 2003. | Adjusting for Income Disparity Act of 2012 - Amends the Internal Revenue Code to allow an individual taxpayer a new tax credit to compensate for income disparity. Sets the amount of such credit at the applicable credit amount ($2,500 to $5,000) reduced by a specified percentage (3 1/3% to 6 2/3%) of the excess of the taxpayer's modified adjusted gross income over a specified threshold ($15,000 to $30,000), based on the number of the taxpayer's dependents.
Accelerates to December 31, 2011 (currently, December 31, 2012), the termination date for the Economic Growth and Tax Relief Reconciliation Act (EGTRRA) and the provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA) providing for a reduction in capital gain and dividend tax rates. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow an income disparity tax credit."} | 1,588 | 172 | 0.557873 | 1.424983 | 0.698459 | 2.227273 | 9.123377 | 0.824675 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Classroom Learning and
Student Performance Act of 2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Performance-based assessment.--The term ``performance-
based assessment'' means assessments that evaluate applications
of knowledge to real-world tasks. Such assessments are designed
to measure higher order thinking and performance skills.
(2) Higher order thinking and performance skills.--The term
``higher order thinking and performance skills'' means the
abilities to--
(A) frame and solve problems;
(B) find, evaluate, analyze, and synthesize
information;
(C) apply knowledge to new problems or situations;
(D) develop and test complex ideas; and
(E) communicate ideas or solutions proficiently in
oral or written form.
(3) Multiple measures.--The term ``multiple measures''
means different sources of evidence of student learning in a
subject or across subject areas. Such sources of evidence
provide multiple opportunities to demonstrate achievement, are
accessible to students at varying levels of proficiency, and
utilize different methods for demonstrating achievement.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To empower States to develop assessment systems that--
(A) are aligned with student learning standards;
(B) provide multiple measures of student learning,
including performance assessments that assess higher
order thinking and performance skills;
(C) include local assessments that provide timely,
diagnostic information about student learning;
(D) are consistent with nationally recognized
professional standards for test construction and test
use, including standards of fairness, reliability, and
validity;
(E) employ principles of universal design and use
appropriately designed assessments and accommodations
for special populations and English language learners;
and
(F) are used for purposes for which they are valid
and reliable.
(2) To ensure that local assessments include common
assessments developed for use at the school or district level,
and classroom-based evidence obtained from curriculum-embedded
assessments. Such assessments may be used in the State
assessment system when they--
(A) assess student learning in light of content
standards, including higher order thinking and
performance skills;
(B) meet technical requirements of validity and
reliability;
(C) are fair and unbiased;
(D) include multiple sources of evidence about
student learning; and
(E) can be used to demonstrate student progress
toward and attainment of proficiency.
SEC. 4. GRANTS FOR PERFORMANCE-BASED ASSESSMENT SYSTEMS.
(a) Program Established.--From funds made available to carry out
this Act, the Secretary shall award grants to State educational
agencies receiving funds under title I of the Elementary and Secondary
Education Act of 1965 that demonstrate to the satisfaction of the
Secretary, based on peer review, that the requirements of this section
will be met, to--
(1) enable States (or consortia of States) to collaborate
with institutions of higher education, other research
institutions, or other organizations to improve the quality,
validity, and reliability of State and local academic
assessments, including the development or enhancement of State
or local performance assessments that can be used for
diagnostic purposes and as part of the State accountability
system;
(2) enable States to develop the capacity of local
education agencies to validly and reliably assess student
academic achievement using multiple sources of evidence,
including school-based performance assessments; and
(3) enable States and local districts to develop the
capacity of teachers and school leaders to develop, use, and
reliably evaluate the results of locally-administered
performance assessments.
(b) Minimum Award.--Each grant under this section shall be for at
least $5,000,000 per year.
(c) Duration.--Each grant under this section shall be for a period
of not more than 5 years.
(d) Technical Assistance.--Each State receiving a grant under this
section shall allocate at least 5 percent of the grant for technical
assistance. The State shall use that allocation to work with
universities or other non-profit research organizations that have
expertise in performance assessments for assistance in the development,
implementation, evaluation and improvement of State and local
performance assessment systems. The universities and non-profit
research organizations shall use the amounts to develop tools States
can use, such as various methods for weighting indicators used in the
assessment and improvement system or means for evaluating assessments
systems and the consequences of their use.
(e) Allowable Uses.--
(1) In general.--A grant under this section may be used
for--
(A) developing, piloting, and validating
performance assessments that are or will be
incorporated into their assessment systems;
(B) training teachers and school leaders to score
such assessments; and
(C) developing and testing systems for auditing or
moderating the scoring process to ensure reliability
and validity of such assessments.
(2) Subgrants.--The State may, pursuant to criteria
established by the State, make subgrants to local educational
agencies or schools to--
(A) develop and implement local performance
assessments; and
(B) train teachers and school leaders to score and
use such assessments for tracking student progress and
for guiding curriculum and instruction.
(3) Formative assessments.--A State, local educational
agency, or school may use funds under this section to support
the development and implementation of formative assessments
that are performance-based and that enable schools to provide
detailed feedback to students and teachers to enable them to
improve their learning and teaching.
(4) Other uses.--A State may retain a portion of the grant
amounts to--
(A) develop integrated State assessment systems
that incorporate and weight multiple measures,
including the results of periodic standardized tests
and State or local performance assessments;
(B) collaborate with other States in sharing
knowledge on the development and use of such systems
and their assessment components;
(C) provide assistance to local educational
agencies and schools in developing and implementing
their assessments; or
(D) evaluate the local assessments.
(5) States that have already begun to develop.--A State
that has already begun to develop such a system is eligible
under this section to strengthen or expand its local
assessments.
(f) Requirements.--Any State that receives funds under this section
shall meet the following requirements:
(1) Ensure that high-quality professional development is
available for educators to help develop and learn to use and
score the assessments.
(2) Develop means to ensure that State and local
assessments are aligned to learning standards, meet
professional assessment standards, are unbiased, and valid for
the purposes for which they will be used, and are scored
reliably. These means shall include mechanisms for training
scorers and providing a process of expert review, auditing, or
moderation to ensure the integrity of the scoring process.
(3) Develop means to integrate local performance assessment
results with those of State benchmark examinations in the State
accountability system for purposes of evaluating schools and
student progress.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $200,000,000 for fiscal year 2008;
(2) $200,000,000 for fiscal year 2009;
(3) $200,000,000 for fiscal year 2010;
(4) $200,000,000 for fiscal year 2011; and
(5) $200,000,000 for fiscal year 2012. | Improving Classroom Learning and Student Performance Act of 2007 - Directs the Secretary of Education to award five-year grants to states that receive funds under title I of the Elementary and Secondary Education Act of 1965 to enable them to: (1) collaborate with institutions of higher education, other research institutions, and other organizations to improve the quality, validity, and reliability of state and local academic assessments, including performance assessments that evaluate the application of knowledge to real-world tasks; (2) develop the capacity of local education agencies (LEAs) to assess student academic achievement using multiple measures, including school-based performance assessments; and (3) develop, together with LEAs, the capacity of teachers and school leaders to develop, use, and reliably evaluate the results of locally-administered performance assessments.
Requires state grantees to ensure that state and local assessments are aligned to learning standards, unbiased, valid for the purposes for which they are used, reliably scored, and meet professional standards. | {"src": "billsum_train", "title": "To improve the quality of classroom learning by empowering States to develop performance-based assessments that measure higher order thinking skills."} | 1,506 | 207 | 0.614154 | 1.676898 | 0.732397 | 4.963351 | 7.963351 | 0.95288 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bicycle and Pedestrian
Transportation Improvement Act of 1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The United States transportation system requires
greater diversification in order for the country to retain and
improve its economic competitiveness in relation with other
nations.
(2) Bicycling and walking have been overlooked as modes of
transportation by policymakers.
(3) It is possible and desirable to dramatically increase
the number of persons who commute by bicycle or foot; since 54
percent of Americans live within 5 miles of their workplace and
75 percent live within 10 miles of their workplace and, of the
over 100,000,000 bicycles owned by Americans, only 1 in 40 is
used to commute to and from the workplace.
(4) A transportation system that includes facilities for
bicycle and pedestrian transportation provides numerous
advantages for commuters and the Nation as a whole, including
reduced traffic congestion, reduced air pollution, reduced
dependence on imported oil, increased conservation of
nonrenewable resources of energy, reduced deaths and injuries
due to accidents between pedestrians and cyclists on the one
hand and motorized travelers on the other, increased health for
those who travel by bicycle or foot, and improved preservation
of natural habitats, particularly environmentally sensitive
areas such as wetlands.
(5) Traffic congestion is a serious threat to our Nation's
economic wellbeing. In 1989, traffic congestion in 39 of the
Nation's large urban areas cost the country $41,000,000,000 in
travel delays, increased fuel consumption, and increased auto
insurance premiums. Traffic congestion currently causes over
2,000,000,000 hours in delays per year. Over the next 14 years,
congestion on highways will rise by 400 percent and on urban
thoroughfares by 120 percent.
(6) The transportation needs of many parts of the country
cannot be met simply by expanding the size and number of
roadways. In urban areas, one-half of all urban space is
devoted to roads, parking spaces, and other motor vehicle
facilities. Throughout the country, it is infeasible to meet
increased travel demands by expanding existing roadways. For
example, Interstate Route 95 between Miami and Orlando,
Florida, would have to be expanded to a 40-lane highway to meet
expected traffic flows by the year 2005.
(7) Motor vehicles contribute significantly to air
pollution. Cars and trucks generate 80 percent of carbon
dioxide emissions. The average automobile emits 9 pounds of
hydrocarbons and 62.5 pounds of carbon dioxide each year.
Accordingly, reduced reliance on cars and trucks can contribute
significantly to meeting the goals of the Clean Air Act.
(8) Diminished reliance on motor vehicles reduces America's
reliance on foreign oil. Currently, approximately one-half of
all oil used in the country is imported. Of that amount, 63
percent is used for transportation.
(9) Nationwide, 20 percent of fatalities on roadways
involve pedestrians or bicyclists, and in cities, the figure is
50 percent.
(10) Constructing bicycle and pedestrian facilities is far
less expensive than building new roadways. A one-mile stretch
of bicycle and pedestrian path costs approximately $46,000. One
mile of a 4-lane highway costs approximately $1,000,000.
(b) Purposes.--The purposes of this Act are as follows:
(1) To diversify the Nation's transportation system to
enable it to remain efficient into the next century and to
improve our Nation's ability to compete economically with other
nations.
(2) To reduce deaths of and injuries to bicycle and
pedestrian commuters.
(3) To reduce traffic congestion, air pollution, dependence
on foreign oil, and development of natural environments.
SEC. 3. MINIMUM FUNDING LEVEL.
Section 217 of title 23, United States Code, is amended by adding
at the end the following new subsection:
``(h) Minimum Obligation Requirement.--Each State shall obligate in
a fiscal year--
``(1) not less than 3 percent of the funds apportioned to
the State in such fiscal year under sections 104(b)(2) and
104(b)(3) of this title for projects authorized by subsection
(a);
``(2) not less than 3 percent of the funds apportioned to
the State in such fiscal year under section 104(b)(1) of this
title for projects authorized by subsection (b); and
``(3) not less than 3 percent of the funds made available
to the State in such fiscal year for forest highways, forest
development roads and trails, public lands development roads
and trails, park roads, parkways, Indian reservation roads, and
public lands highways for projects authorized by subsection
(c).''.
SEC. 4. RIGHT-OF-WAY ACQUISITION.
Section 109(f) of title 23, United States Code, is amended by
striking ``bikeways'' and inserting ``bicycle and pedestrian
facilities''.
SEC. 5. PROTECTION OF EXISTING BICYCLE AND PEDESTRIAN TRAFFIC.
Section 109(n) of title 23, United States Code, is amended--
(1) by inserting ``, including bridge projects,'' after
``title'';
(2) by inserting ``, reduction,'' after ``severance''; and
(3) by striking ``major'' and inserting ``or potential''.
SEC. 6. HAZARD ELIMINATION.
Section 152(a) of title 23, United States Code, is amended by
inserting after ``motorists'' the following: ``, bicyclists,''.
SEC. 7. OTHER USES.
Section 217(h)(3) of title 23, United States Code, is amended by
inserting ``and electric golf carts'' after ``motorized wheelchairs''.
SEC. 8. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE.
The third sentence of section 404(a)(1) of title 23, United States
Code, is amended by inserting ``, of bicyclists and pedestrians,''
after ``owners''. | Bicycle and Pedestrian Transportation Improvement Act of 1993 - Requires each State to obligate for bicycle transportation and pedestrian walkways not less than three percent of the funds: (1) apportioned to the State under the Congestion Mitigation and Air Quality Improvement Program and the Surface Transportation Program; (2) apportioned to the State for the National Highway System; and (3) made available for forest development roads and trails, public lands development roads and trails, park roads, parkways, Indian reservation roads, and public lands highways.
Allows the Secretary of Transportation to require States to acquire right-of-ways reasonably necessary for bicycle and pedestrian facilities.
Prohibits the Secretary from approving Federal-aid system projects, including bridge projects, that will result in the severance, reduction, or destruction of an existing or potential route for nonmotorized transportation traffic and light motorcycles, unless such project provides a reasonable alternative route or such route exists.
Requires States to survey all public roads to identify hazardous locations which may constitute a danger to bicyclists and to correct such locations.
Permits the use of electric golf carts on trails and walkways, when State and local regulations allow.
Requires appointed members of the National Highway Safety Advisory Committee of the Department of Transportation to be selected from, among others, organizations representative of bicyclists and pedestrians. | {"src": "billsum_train", "title": "Bicycle and Pedestrian Transportation Improvement Act of 1993"} | 1,317 | 300 | 0.475111 | 1.509914 | 0.723903 | 2.403162 | 4.833992 | 0.782609 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savage Rapids Dam Act of 2000''.
SEC. 2. CONGRESSIONAL FINDINGS.
This Congress finds that--
(1) the Savage Rapids Dam has provided water since 1921
from the Rogue River in the State of Oregon to the Grants Pass
Irrigation District (hereafter referred to as the
``District''), a governmental subdivision under Oregon State
Statutes;
(2) the State of Oregon, the National Marine Fisheries
Service and the District have agreed, in principle, that
removal of the Savage Rapids Dam and its replacement with
modern irrigation pumps will provide improved protection to the
salmon and steelhead resources of the Rogue River basin;
(3) it is in the public interest to have the Federal
Government purchase the Savage Rapids Dam from the District;
and
(4) it is appropriate to enact measures that both enhance
and protect natural resources while ensuring the operational
and financial stability of the District and reasonable costs
for the delivery of irrigation water to its patrons.
SEC. 3. CONSTRUCTION AUTHORIZATION, DAM ACQUISITION, DAM REMOVAL.
(a) Prior to the removal of Savage Rapids Dam, the Secretary of the
Interior (hereafter referred to as the ``Secretary'') shall design and
install modern electric irrigation pumps and associated infrastructure
at or near Savage Rapids Dam on the Rogue River in order to supply
water to the District in the amount of 150 cubic feet per second. The
Savage Rapids Dam is located on the Rogue River at a point adjacent to
the Josephine County easterly line and the Jackson County westerly line
running south to north: Southeast corner of Section 24, Township 36
south, Range 5 west, Willamette Meridian, State of Oregon.
(b) The Secretary shall install fish screens at the pump stations,
ensure and certify that the pumping facility is operational and in
conformity with all applicable State and Federal environmental
regulations prior to dam removal.
(c) Following the completion of activities authorized under
subsections (a) and (b), the Secretary is authorized to acquire the dam
described in subsection (a). Acquisition shall only include the dam
itself, and shall not include any lands adjacent to or underlying the
dam structure.
(d) The Secretary is authorized and directed to remove the dam,
following its acquisition.
(e) For five years after the dam removal is completed, the
Secretary shall also correct any deficiencies in the design,
specification, and installation of the pumps, including any problems
that may be caused by accumulated sediments.
(f) Title to the pumping facilities will be held by the District,
and the District shall be responsible for operation and maintenance of
these facilities, except as specified in Sec. 3(e) and Sec. 4(a).
(g) The Secretary is authorized to proceed with activities under
this Act on the basis of the Environmental Impact Statement published
by the Bureau of Reclamation in 1995, ``Fish Passage Improvements,
Savage Rapids Dam, Planning Report and Final Environmental Statement,
Josephine County Water Management Improvement Study, Oregon, Rogue
River Basin, Oregon.''.
SEC. 4. MONITORING, MITIGATION AND RESTORATION ACTIVITIES.
(a) For ten years after the date of the removal of Savage Rapids
Dam, the Bureau of Reclamation, in conjunction with the National Marine
Fisheries Service and the Oregon Department of Fish and Wildlife, shall
monitor any impacts downstream from the dam resulting from dam removal
and will implement appropriate remedial actions as necessary.
(b) The Bureau of Reclamation and the U.S. Fish and Wildlife
Service, acting through the Southwest Oregon Resource Conservation and
Development Council, shall identify and implement riparian restoration
and other fisheries enhancement projects upstream of the site of the
Savage Rapids Dam and downstream to the mouth of the Applegate River to
minimize the impact, and maximize the benefit, of dam removal. The
Federal cost-share for activities under this subsection shall be
seventy-five percent.
(c) The Secretary shall work with the State of Oregon and the
Counties of Josephine and Jackson to identify and implement community
recreational enhancement projects. The Federal cost-share for
activities under this subsection shall be fifty percent.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated $13,500,000 for
activities under this Act, except as provided in paragraphs (b) through
(d) below.
(b) There are authorized to be appropriated $3,700,000 for
activities under Sec. 3(c).
(c) There are authorized to be appropriated $2,500,000 for
activities under Sec. 4(b).
(d) There are authorized to be appropriated $2,500,000 for
activities under Sec. 4(c).
SEC. 6. APPLICATION OF THE RECLAMATION REFORM ACT.
Activities funded under this Act shall not be considered a
supplemental or additional benefit under the Act of June 17, 1902 (82
Stat. 388) and all Acts amendatory thereof or supplementary thereto. | Authorizes the Secretary of the Interior to acquire the Dam and remove it and to correct any deficiencies in the design, specification, and installation of the pumps.
Vests title to the pumping facilities in the District.
Requires the Bureau of Reclamation to monitor any impacts downstream from the Dam resulting from dam removal and to implement appropriate remedial actions.
Requires the Bureau and the U.S. Fish and Wildlife Service to implement fisheries enhancement projects upstream of the Dam and downstream to the mouth of Applegate River to minimize the impact, and maximize the benefit, of dam removal.
Requires the Secretary to work with the State of Oregon and Josephine and Jackson Counties to implement community recreational enhancement projects. | {"src": "billsum_train", "title": "Savage Rapids Dam Act of 2000"} | 1,112 | 155 | 0.56168 | 1.635076 | 0.685302 | 5.496183 | 7.801527 | 0.961832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Innovation Hubs Authorization
Act of 2010''.
SEC. 2. ENERGY INNOVATION HUBS.
(a) Establishment of Program.--
(1) In general.--The Secretary of Energy shall carry out a
program to enhance the Nation's economic, environmental, and
energy security by making grants to consortia for establishing
and operating Energy Innovation Hubs to conduct and support,
whenever practicable at one centralized location,
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies in areas not being served by the private sector.
(2) Technology development focus.--The Secretary shall
designate for each Hub a unique advanced energy technology
development focus.
(3) Coordination.--The Secretary shall ensure the
coordination of, and avoid unnecessary duplication of, the
activities of Hubs with those of other Department of Energy
research entities, including the National Laboratories, the
Advanced Research Projects Agency--Energy, and Energy Frontier
Research Centers, and within industry. Such coordination shall
include convening and consulting with representatives of staff
of the Department of Energy, representatives from Hubs and the
qualifying entities that are members of the consortia operating
the Hubs, and representatives of such other entities as the
Secretary considers appropriate, to share research results,
program plans, and opportunities for collaboration.
(4) Administration.--The Secretary shall administer this
section with respect to each Hub through the Department program
office appropriate to administer the subject matter of the
technology development focus assigned under paragraph (2) for
the Hub.
(b) Consortia.--
(1) Eligibility.--To be eligible to receive a grant under
this section for the establishment and operation of a Hub, a
consortium shall--
(A) be composed of no fewer than 2 qualifying
entities;
(B) operate subject to a binding agreement entered
into by its members that documents--
(i) the proposed partnership agreement,
including the governance and management
structure of the Hub;
(ii) measures to enable cost-effective
implementation of the program under this
section;
(iii) a proposed budget, including
financial contributions from non-Federal
sources;
(iv) conflict of interest procedures
consistent with subsection (d)(3), all known
material conflicts of interest, and
corresponding mitigation plans;
(v) an accounting structure that enables
the Secretary to ensure that the consortium has
complied with the requirements of this section;
and
(vi) an external advisory committee
consistent with subsection (d)(2); and
(C) operate as a nonprofit organization.
(2) Application.--A consortium seeking to establish and
operate a Hub under this section, acting through a prime
applicant, shall transmit to the Secretary an application at
such time, in such form, and accompanied by such information as
the Secretary shall require, including a detailed description
of the elements of the consortium agreement required under
paragraph (1)(B).
(c) Selection and Schedule.--The Secretary shall select consortia
for grants for the establishment and operation of Hubs through
competitive selection processes. Grants made to a Hub shall be for a
period not to exceed 5 years, after which the grant may be renewed,
subject to a competitive selection process.
(d) Hub Operations.--
(1) In general.--Hubs shall conduct or provide for
multidisciplinary, collaborative research, development,
demonstration, and commercial application of advanced energy
technologies within the technology development focus designated
for the Hub by the Secretary under subsection (a)(2). Each Hub
shall--
(A) encourage collaboration and communication among
the member qualifying entities of the consortium and
awardees by conducting activities whenever practicable
at one centralized location;
(B) develop and publish on the Department of
Energy's website proposed plans and programs;
(C) submit an annual report to the Secretary
summarizing the Hub's activities, including detailing
organizational expenditures, listing external advisory
committee members, and describing each project
undertaken by the Hub; and
(D) monitor project implementation and
coordination.
(2) External advisory committee.--Each Hub shall establish
an external advisory committee, the membership of which shall
have sufficient expertise to advise and provide guidance on
scientific, technical, industry, financial, and research
management matters.
(3) Conflicts of interest.--
(A) Procedures.--Hubs shall establish conflict of
interest procedures, consistent with those of the
Department of Energy, to ensure that employees and
consortia designees for Hub activities who are in
decisionmaking capacities disclose all material
conflicts of interest, including financial,
organizational, and personal conflicts of interest.
(B) Disqualification and revocation.--The Secretary
may disqualify an application or revoke funds
distributed to a Hub if the Secretary discovers a
failure to comply with conflict of interest procedures
established under subparagraph (A).
(e) Prohibition on Construction.--No funds provided pursuant to
this section may be used for construction of new buildings or
facilities for Hubs. Construction of new buildings or facilities shall
not be considered as part of the non-Federal share of a Hub cost-
sharing agreement.
(f) Oversight Board.--The Secretary shall establish and maintain
within the Department an Oversight Board to oversee the progress of
Hubs.
(g) Definitions.--For purposes of this section:
(1) Advanced energy technology.--The term ``advanced energy
technology'' means an innovative technology--
(A) that produces energy from solar, wind,
geothermal, biomass, tidal, wave, ocean, or other
renewable energy resources;
(B) that produces nuclear energy;
(C) for carbon capture and sequestration; or
(D) that generates, transmits, distributes,
utilizes, or stores energy more efficiently than
conventional technologies.
(2) Hub.--The term ``Hub'' means an Energy Innovation Hub
established in accordance with this section.
(3) Institution of higher education.--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)).
(4) Qualifying entity.--The term ``qualifying entity''
means--
(A) an institution of higher education;
(B) an appropriate State or Federal entity;
(C) a nongovernmental organization with expertise
in advanced energy technology research, development,
demonstration, or commercial application; or
(D) any other relevant entity the Secretary
considers appropriate.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $110,000,000 for fiscal year 2011;
(2) $135,000,000 for fiscal year 2012;
(3) $195,000,000 for fiscal year 2013;
(4) $210,000,000 for fiscal year 2014; and
(5) $210,000,000 for fiscal year 2015. | Energy Innovation Hubs Authorization Act of 2010 - Requires the Secretary of Energy to: (1) implement a program to enhance the nation's economic, environmental, and energy security by making grants to nonprofit consortia for establishing and operating Energy Innovation Hubs to conduct and support multidisciplinary, collaborative research, development, demonstration, and commercial application of advanced energy technologies in areas not being served by the private sector; (2) designate for each Hub a unique advanced energy technology development focus; (3) ensure the coordination of the Hub activities with those of other Department of Energy (DOE) research entities; and (4) establish and maintain within DOE an Oversight Board to oversee the progress of Hubs.
Requires each Hub to establish: (1) an advisory committee to provide guidance on scientific, technical, industry, financial, and research management matters; and (2) procedures to ensure that employees and consortia designees for Hub activities who are in decision-making capacities disclose all material conflicts of interest.
Prohibits grant funding from being used for construction of new buildings or facilities for Hubs. Provides that construction of new buildings or facilities is not considered to be part of the non-federal share of a Hub cost-sharing agreement. Defines advanced energy technology to mean an innovative technology: (1) that produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or other renewable energy resources; (2) that produces nuclear energy; (3) for carbon capture and sequestration; or (4) that generates, transmits, distributes, utilizes, or stores energy more efficiently than conventional technologies. | {"src": "billsum_train", "title": "To establish Energy Innovation Hubs, and for other purposes."} | 1,510 | 344 | 0.733604 | 2.243272 | 0.973757 | 5.56869 | 4.476038 | 0.961661 |
SECTION 1. ALIENS INELIGIBLE TO RECEIVE VISAS AND EXCLUDED FROM
ADMISSION FOR NONPAYMENT OF CHILD SUPPORT.
(a) In General.--Section 212(a)(10) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(10)), as redesignated and amended by
sections 301(b), 347(a), and 352(a) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-576, 3009-639, 3009-641), is amended by adding at the end the
following new subparagraph:
``(F) Nonpayment of child support.--Any alien is
inadmissible who is legally obligated under a judgment,
decree, or order to pay child support (as defined in
section 459(i) of the Social Security Act), and whose
failure to pay such child support has resulted in an
arrearage exceeding $5,000, until child support
payments under the judgment, decree, or order are
satisfied or the alien is in compliance with an
approved payment agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
to visas issued on or after 180 days after the date of the enactment of
this Act.
SEC. 2. REMOVAL OF ALIENS FOR NONPAYMENT OF CHILD SUPPORT.
(a) In General.--Section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)), as redesignated by section 305(a)(2) of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Public Law 104-208; 110 Stat. 3009-598) is amended by adding at the
end the following:
``(7) Nonpayment of child support.--Any alien is deportable
who is legally obligated under a judgment, decree, or order to
pay child support (as defined in section 459(i) of the Social
Security Act), and whose failure to pay such child support has
resulted in an arrearage exceeding $5,000, until child support
payments under the judgment, decree, or order are satisfied or
the alien is in compliance with an approved payment
agreement.''.
(b) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 3. ALIENS INELIGIBLE FOR NATURALIZATION FOR NONPAYMENT OF CHILD
SUPPORT.
(a) In General.--Section 318 of the Immigration and Nationality Act
(8 U.S.C. 1429) is amended by adding at the end the following:
``No person shall be naturalized who is legally obligated under a
judgment, decree, or order to pay child support (as defined in section
459(i) of the Social Security Act), and whose failure to pay such child
support has resulted in any arrearage, until child support payments
under the judgment, decree, or order are satisfied or the alien is in
compliance with an approved payment agreement.''.
(b) Effective Date.--The amendment made by this section shall apply
to applications for naturalization filed on or after 180 days after the
date of the enactment of this Act.
SEC. 4. AUTHORIZATION TO SERVE LEGAL PROCESS IN CHILD SUPPORT CASES ON
CERTAIN ARRIVING ALIENS.
(a) In General.--Section 235(d) of the Immigration and Nationality
Act (8 U.S.C. 1225(d)), as amended by section 302 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law
104-208; 110 Stat. 3009-584), is amended by adding at the end the
following:
``(5) Authority to serve process in child support cases.--
``(A) In general.--To the extent consistent with
State law, immigration officers are authorized to serve
on any alien who is an applicant for admission to the
United States legal process with respect to any action
to enforce or establish a legal obligation of an
individual to pay child support (as defined in section
459(i) of the Social Security Act).
``(B) Definition.--For purposes of subparagraph
(A), the term `legal process' means any writ, order,
summons or other similar process, which is issued by--
``(i) a court or an administrative agency
of competent jurisdiction in any State,
territory, or possession of the United States;
or
(ii) an authorized official pursuant to an
order of such a court or agency or pursuant to
State or local law.''.
(b) Effective Date.--The amendment made by this section shall apply
to aliens applying for admission to the United States on or after 180
days after the date of the enactment of this Act.
SEC. 5. AUTHORITY TO OBTAIN INFORMATION ON CHILD SUPPORT PAYMENTS BY
ALIENS.
Section 453(h) of the Social Security Act (42 U.S.C. 653(h)) is
amended by adding at the end the following:
``(3) Provision to immigration and naturalization service
of information on persons delinquent in child support
payments.--On request by the Immigration and Naturalization
Service, the Secretary shall provide the Immigration and
Naturalization Service with such information in the Federal
Case Registry of Child Support Orders as may aid in determining
whether an alien is delinquent in the payment of child
support.''. | Amends the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, to make certain aliens determined to be delinquent in child support payments inadmissable, deportable, and ineligible for naturalization.
Authorizes immigration officers to serve child support-related legal process on certain arriving aliens.
Amends the Social Security Act to provide for Immigration and Naturalization Service access to certain delinquent child support information. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to make certain aliens determined to be delinquent in the payment of child support inadmissible, deportable, and ineligible for naturalization, to authorize immigration officers to serve process in child support cases on aliens entering the United States, and for other purposes."} | 1,260 | 108 | 0.522455 | 1.315148 | 0.850115 | 2.675 | 12.925 | 0.9 |
SECTION 1. SHORT TITLE, PURPOSE.
(a) Short Title.--This Act may be cited as the ``Hurricane Check
Cashing Relief Act of 2005''.
(b) Purpose.--The purpose of this Act is to reduce the suffering
and financial difficulties of victims of 2005 hurricanes--
(1) whose home insured depository institutions and insured
credit unions, or the insured depository institution or insured
credit union on which any check or share draft payable to any
such victim is drawn, are closed, or whose records are
otherwise inaccessible, due to certain 2005 hurricanes;
(2) who lack access to operating automated teller machines
for whatever reason as a result of any such hurricane,
including inoperable payment networks;
(3) who lack some or all of the requisite forms of
identification necessary to cash their own or a third-party
check or share draft; or
(4) who are otherwise unable, by reason of any such
hurricane, to access amounts on deposit at an insured
depository institution or insured credit union.
SEC. 2. EMERGENCY AUTHORITY TO GUARANTEE CHECKS CASHED FOR VICTIMS OF
CERTAIN 2005 HURRICANES.
(a) FDIC.--
(1) In general.--Subject to subsection (d), the Federal
Deposit Insurance Corporation shall establish, in accordance
with emergency guidance issued by the Board of Governors of the
Federal Reserve System under subsection (d)(1), an emergency
program under which an insured depository institution may
obtain, subject to subsection (d)(2), a commitment from the
Corporation to indemnify the insured depository institution for
any loss suffered by the institution through cashing a check or
share draft that--
(A) is presented for payment by any individual who,
as of August 25, 2005, resided in the State of Florida,
Alabama, Mississippi, Louisiana, or Texas in an area in
which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act, determined, on or after August 25,
2005, that a major disaster exists; and
(B) is subsequently uncollectible,
in an amount not to exceed $2,000 for each such check or share
draft.
(2) Source of funds for payments.--Any payments required to
be made by the Corporation pursuant to a commitment under
paragraph (1) to an insured depository institution shall be
drawn from funds available for such purposes under subsection
(c).
(b) NCUA.--
(1) In general.--Subject to subsection (d), the National
Credit Union Administration shall establish, in accordance with
emergency guidance issued by the Board under subsection (d)(1),
an emergency program under which an insured credit union may
obtain, subject to subsection (d)(2), a commitment from the
Administration to indemnify the insured credit union for any
loss suffered by the credit union through cashing a share draft
or check that--
(A) is presented for payment by any individual who,
as of August 25, 2005, resided in the State of Florida,
Alabama, Mississippi, Louisiana, or Texas in an area in
which the President, pursuant to section 401 of the
Robert T. Stafford Disaster Relief and Emergency
Assistance Act, determined, on or after August 25,
2005, that a major disaster exists; and
(B) is subsequently uncollectible,
in an amount not to exceed $2,000 for each such check or share
draft
(2) Source of funds for payments.--Any payments required to
be made by the National Credit Union Administration pursuant to
a commitment under paragraph (1) to an insured credit union
shall be drawn from funds available for such purposes under
subsection (c).
(3) Limited extension of check cashing services.--
Notwithstanding any limitation in section 107(12) of the
Federal Credit Union Act with regard to field of membership, an
insured credit union may cash any check presented for payment
by any individual described in paragraph (1)(A).
(c) Reimbursement From Federal Reserve Surpluses.--Section 7(b) of
the Federal Reserve Act (12 U.S.C. 289(b)) is amended by adding at the
end the following new paragraph:
``(4) Additional transfers to cover certain relief efforts
resulting from hurricanes of 2005.--
``(A) In general.--Subject to subparagraph (C),
from the surplus funds of the Federal reserve banks
maintained pursuant to subsection (a)(2), the Federal
reserve banks shall transfer to the Board of Governors
of the Federal Reserve System for transfer to the
Federal Deposit Insurance Corporation and the National
Credit Union Administration, such sums as are necessary
to meet any payments required under subsection (a)(1)
or (b)(1) of section 2 of the Hurricane Check Cashing
Relief Act. In the event that the total amount of
requests for indemnification received by the Federal
Deposit Insurance Corporation and the National Credit
Union Administration exceed the maximum amount
specified under subparagraph (C), the sums transferred
to the Federal Deposit Insurance Corporation and the
National Credit Union Administration, respectively,
shall be in proportion to the amount of payments
required under subsection (a)(1) and (b)(1) of section
2 of the Hurricane Check Cashing Relief Act of 2005,
respectively.
``(B) Allocation by federal reserve board.--Of the
total amount required to be paid by the Federal reserve
banks, the Board of Governors of the Federal Reserve
System shall determine the amount each such bank shall
pay.
``(C) Maximum amount.--The total amount transferred
under subparagraph (A) from all Federal reserve banks
shall not exceed $200,000,000.
``(D) Replenishment of surplus fund prohibited.--No
Federal reserve bank may replenish such bank's surplus
fund by the amount of any transfer by such bank under
subparagraph (A).''.
(d) Emergency Guidance and Limitations.--
(1) In general.--The Board, after consulting the Federal
Deposit Insurance Corporation and the National Credit Union
Administration, shall, upon the enactment of this Act, promptly
issue appropriate guidance--
(A) to carry out the purposes of this section and
administer the programs established in accordance with
this section;
(B) to reduce the incidence of fraud and any other
cause of loss to the greatest extent possible,
consistent with the purpose of this Act;
(C) to require insured depository institutions and
insured credit unions to exercise due diligence in
determining the eligibility of any check presented by
any individual for indemnification under this section,
including such measures as verification of Social
Security numbers and other identifying information as
the Board may determine to be practicable;
(D) to provide insured depository institutions and
insured credit unions with reasonable guidance, in
light of the emergency circumstances presented by
certain 2005 hurricanes, so as to meet the requirements
for indemnification under this section, including the
sharing of information on checks that have been
presented for indemnification; and
(E) notwithstanding any Federal or State law, to
provide for the right of the Board of Governors of the
Federal Reserve System, on behalf of the Federal
reserve banks and through the Federal Deposit Insurance
Corporation and the National Credit Union
Administration, to recover from any insured depository
institution or insured credit union the amount of any
indemnification paid to such depository institution or
credit union with respect to any check, to the extent
of the amount so paid, if the insured depository
institution or insured credit union collects on the
check.
(2) Compliance with guidance condition.--The emergency
guidance issued under paragraph (1) shall require any insured
depository institution or insured credit union seeking a
commitment under subsection (a)(1) or (b)(1) to demonstrate
that the institution or credit union is in compliance with the
guidance in such manner as the Board determines to be
appropriate and practicable.
(3) Per individual per institution limitation.--No specific
insured depository institution or insured credit union may be
indemnified for losses in excess of $2,000 with respect to
checks and share drafts presented by any one individual.
(e) Definitions.--For purposes of this Act, the following
definitions shall apply:
(1) Board.--The term ``Board'' means the Board of Governors
of the Federal Reserve System.
(2) Insured credit union.--The term ``insured credit
union'' has the same meaning as in section 101 of the Federal
Credit Union Act.
(3) Insured depository institution.--The term ``insured
depository institution'' has the same meaning as in section 3
of the Federal Deposit Insurance Act.
(f) Rule of Construction.--No provision of this section shall be
construed as affecting any right or obligation of an insured depository
institution or insured credit union to take any action against any
person in connection with a fraudulent check, a fraudulent negotiation
of a check, or any other intentional act of a fraudulent or deceptive
nature.
(g) Effective Date.--
(1) In general.--Subject to paragraph (2), the provisions
of this section shall apply to checks or share drafts presented
to an insured depository institution or an insured credit union
during the period beginning on August 25, 2005, and ending
November 15, 2005.
(2) Limited extension.--The period described in paragraph
(2) may be extended once for an additional 60 days if--
(A) the Board, after consulting with the Federal
Deposit Insurance Corporation and the National Credit
Union Administration, determines that the continuing
impact of the 2005 hurricane disasters on financial
intermediation between consumers and financial
institutions, on payment networks, and on other forms
of communication require an extension of the programs
established under this section in order to continue to
meet the immediate needs of victims of the disaster;
and
(B) notice of such determination is published in
the Federal Register at least 5 days before the end of
the period described in paragraph (1). | Hurricane Check Cashing Relief Act of 2005 - Directs the Federal Deposit Insurance Corporation (FDIC) and the National Credit Union Administration (NCUA) to establish an emergency program under which an insured depository institution may obtain an indemnification commitment from the FDIC for loss it has suffered (up to $2,000 per item) through cashing a check or share draft between August 25 and November 15, 2005, that: (1) is presented for payment by any individual who, as of August 25, 2005, resided in Florida, Alabama, Mississippi, Louisiana, or Texas in a presidentially declared major disaster area; and (2) is subsequently uncollectible.
Amends the Federal Reserve Act to direct the federal reserve banks to transfer from their surplus funds up to $200 million to meet the indemnification requirements of this Act.
Directs the Board of Governors of the Federal Reserve (Board) to issue implementation guidelines.
Provides for a limited 60-day extension of the check or share draft cashing period if the Board determines that the continuing impact of the 2005 hurricane disasters on financial intermediation between consumers and financial institutions, on payment networks, and on other forms of communication require an extension of the programs established under this Act in order to continue to meet the immediate needs of victims of the disaster. | {"src": "billsum_train", "title": "To provide emergency authority for the Federal Deposit Insurance Corporation and the National Credit Union Administration, in accordance with guidance issued by the Board of Governors of the Federal Reserve System, to guarantee checks cashed by insured depository institutions and insured credit unions for the benefit of noncustomers who are victims of certain 2005 hurricanes, and for other purposes."} | 2,084 | 271 | 0.664275 | 2.144462 | 0.809786 | 4.433198 | 8.05668 | 0.919028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Leaking Underground Storage Tank
Trust Fund Amendments Act of 1996''.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS.
(a) Trust Fund Distribution.--Section 9004 of the Solid Waste
Disposal Act (42 U.S.C. 6991c) is amended by adding at the end the
following new subsection:
``(f) Trust Fund Distribution to States.--
``(1) In general.--(A) The Administrator shall distribute
to States at least 85 percent of the funds appropriated to the
Environmental Protection Agency from the Leaking Underground
Storage Tank Trust Fund (in this subsection referred to as the
`Trust Fund') each fiscal year for the reasonable costs under
cooperative agreements entered into with the Administrator for
the following:
``(i) States' actions under section 9003(h)(7)(A).
``(ii) Necessary administrative expenses directly
related to corrective action and compensation programs
under section 9004(c)(1).
``(iii) Enforcement of a State or local program
approved under this section or enforcement of this
subtitle or similar State or local provisions by a
State or local government.
``(iv) State and local corrective actions pursuant
to regulations promulgated under section 9003(c)(4).
``(v) Corrective action and compensation programs
under section 9004(c)(1) for releases from underground
storage tanks regulated under this subtitle in any
instance, as determined by the State, in which the
financial resources of an owner or operator, excluding
resources provided by programs under section
9004(c)(1), are not adequate to pay for the cost of a
corrective action without significantly impairing the
ability of the owner or operator to continue in
business.
``(B) Funds provided by the Administrator under
subparagraph (A) may not be used by States for purposes of
providing financial assistance to an owner or operator in
meeting the requirements respecting underground storage tanks
contained in section 280.21 of title 40 of the Code of Federal
Regulations (as in effect on the date of the enactment of this
subsection) or similar requirements in State programs approved
under this section or similar State or local provisions.
``(2) Allocation.--
``(A) Process.--In the case of a State that the
Administrator has entered into a cooperative agreement
with under section 9003(h)(7)(A), the Administrator
shall distribute funds from the Trust Fund to the State
using the allocation process developed by the
Administrator for such cooperative agreements.
``(B) Revisions to process.--The Administrator may
revise such allocation process only after--
``(i) consulting with State agencies
responsible for overseeing corrective action
for releases from underground storage tanks and
with representatives of owners and operators;
and
``(ii) taking into consideration, at a
minimum, the total revenue received from each
State into the Trust Fund, the number of
confirmed releases from leaking underground
storage tanks in each State, the number of
notified petroleum storage tanks in each State,
and the percent of the population of each State
using groundwater for any beneficial purpose.
``(3) Recipients.--Distributions from the Trust Fund under
this subsection shall be made directly to the State agency
entering into a cooperative agreement or enforcing the State
program.
``(4) Cost recovery prohibition.--Funds provided to States
from the Trust Fund to owners or operators for programs under
section 9004(c)(1) for releases from underground storage tanks
are not subject to cost recovery by the Administrator under
section 9003(h)(6).''.
(b) Conforming Amendment.--Section 9508(c)(1) of the Internal
Revenue Code of 1986 is amended by inserting before the period at the
end the following: ``and to carry out section 9004(f) of such Act''.
(c) Technical Amendments.--Subtitle I of the Solid Waste Disposal
Act (42 U.S.C. 6991 et seq.) is amended as follows:
(1) Section 9001(3)(A) (42 U.S.C. 6991(3)(A)) is amended by
striking out ``sustances'' and inserting in lieu thereof
``substances''.
(2) Section 9003(f)(1) (42 U.S.C. 6991b(f)(1)) is amended
by striking out ``subsection (c) and (d)'' and inserting in
lieu thereof ``subsections (c) and (d)''.
(3) Section 9004(a) (42 U.S.C. 6991c(a)) is amended by
striking out ``in 9001(2)(A)'' and inserting in lieu thereof
``in section 9001(2)(A)''.
(4) Section 9005 (42 U.S.C. 6991d) is amended--
(A) in subsection (a), by striking out ``study
taking'' and inserting in lieu thereof ``study,
taking'';
(B) in subsection (b)(1), by striking out
``relevent'' and inserting in lieu thereof
``relevant''; and
(C) in subsection (b)(4), by striking out
``Evironmental'' and inserting in lieu thereof
``Environmental''.
Passed the House of Representatives September 25, 1996.
Attest:
ROBIN H. CARLE,
Clerk.
By Jeff Trandahl,
Assistant to the Clerk. | Leaking Underground Storage Tank Trust Fund Amendments Act of 1996 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to distribute to States at least 85 percent of the funds appropriated to EPA from the Leaking Underground Storage Tank Trust Fund each fiscal year for the reasonable costs under cooperative agreements of: (1) State actions under the EPA program for petroleum release responses; (2) necessary administrative expenses directly related to corrective action and compensation programs under State financial responsibility requirements; (3) other costs of such programs in any instance, as determined by the State, in which an owner's or operator's financial resources (excluding resources provided by such programs) are inadequate to pay the costs of a corrective action without significantly impairing the ability to continue in business; (4) enforcement of an approved State or local underground storage tank (UST) program or similar provisions; and (5) State and local corrective actions pursuant to regulations regarding corrective action in response to UST releases. Prohibits use of such funds to provide financial assistance to an owner or operator in meeting regulatory requirements for upgrading of existing UST systems.
Sets forth requirements for allocation of funds to States.
Makes inapplicable to Trust Fund amounts provided to owners or operators under programs described in (2), above, provisions for recovery of petroleum release corrective or enforcement action costs. | {"src": "billsum_train", "title": "Leaking Underground Storage Tank Trust Fund Amendments Act of 1996"} | 1,242 | 288 | 0.690171 | 2.084027 | 0.93302 | 3.202247 | 3.913858 | 0.865169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Asian Americans and Pacific
Islanders Higher Education Enhancement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The population of Asian American and Pacific Islanders
(referred to in this section as ``AAPI'') is an exceptionally
diverse population. Characteristics of the AAPI population vary
according to ethnicity, immigration patterns, historical
experiences, and social group issues.
(2) The diversity of the AAPI population includes
indigenous Pacific Islanders, well-established populations
represented in the United States for several generations, and
ethnic groups who may be recent immigrants or refugees, and
were forced to leave their home countries.
(3) The diversity of the population is reflected in the
Federal government's categories for Asian Americans and Pacific
Islanders. There are 17 ethnic groups considered to be Asian
and 4 ethnic groups considered to be Pacific Islander. Neither
definition reflects AAPI individuals who may identify
themselves as ``more than one race''.
(4) The distinct cultural, linguistic, socioeconomic, and
historical experiences that affect educational attainment of
different AAPI sub-populations are often overlooked because
programs and policies are based on aggregated data and the
assumption that AAPIs are a monolithic group. The ``model
minority myth'' assumption adversely effects AAPI youth, who
are perceived as being academically successful and not in need
of outreach, academic support systems, or other support
services.
(5) The ``model minority myth'' and lack of disaggregated
data may prevent student services offices from conducting
intentional outreach efforts, such as through Federal TRIO
programs including Upward Bound and Talent Search, to AAPI
students, because they are perceived to not be in need of
support.
(6) Additionally, disaggregated data indicates that 25.0
percent of Vietnamese Americans, 63.6 percent of Hmong
Americans, 42.6 percent of Cambodian Americans, 34.7 percent of
Laotian Americans, and 17.7 percent of Pacific Islanders live
in poverty. Such socioeconomic disparities within the community
are often overlooked, as only 12.6 percent of the total AAPI
population lives in poverty.
(7) While Asian Americans and Pacific Islanders overall
have the highest college graduation rates of any group (44
percent in 2000), certain subgroups have much lower rates of
degree attainment. Only 13.8 percent of Vietnamese Americans,
5.8 percent of Laotian Americans, 6.1 percent of Cambodian
Americans, and less than 5.1 percent of Hmong Americans had
college degrees. Only 13.8 percent of Pacific Islanders had
college degrees.
(8) Certain segments of the AAPI population face numerous
barriers to accessing higher education and would benefit from
grants and opportunities similar to those provided by other
minority serving institutions. The designation of AAPI-serving
institutions would help institutions of higher education expand
their capacity to identify and assist underserved AAPI
students.
SEC. 3. ASSISTANCE TO ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING
INSTITUTIONS.
(a) Amendment.--Part A of title III of the Higher Education Act of
1965 is amended by inserting after section 317 (20 U.S.C. 1059d) the
following:
``SEC. 318. ASIAN AMERICAN AND PACIFIC ISLANDER-SERVING INSTITUTIONS.
``(a) Program Authorized.--The Secretary shall provide grants and
related assistance to Asian American and Pacific Islander-serving
institutions to enable such institutions to improve and expand their
capacity to serve Asian Americans and Pacific Islanders.
``(b) Definitions.--For the purpose of this section--
``(1) the term `Asian American' has the meaning given the
term `Asian' in the Office of Management and Budget's Standards
for Maintaining, Collecting, and Presenting Federal Data on
Race and Ethnicity, as published in the Federal Register on
Thursday, October 30, 1997 (62 FR 58789);
``(2) the term `Pacific Islander' has the meaning given the
term `Native Hawaiian or other Pacific Islander' in such
Standards;
``(3) the term `Asian American and Pacific Islander-serving
institution' means an institution of higher education that--
``(A) is an eligible institution under section
312(b); and
``(B) at the time of application, has an enrollment
of undergraduate students that is at least 10 percent
Asian American and Pacific Islander students; and
``(4) the term `low-income individual' means an individual
from a family whose taxable income for the preceding year did
not exceed 150 percent of an amount equal to the poverty level
determined by using criteria of poverty established by the
Bureau of the Census.
``(c) Authorized Activities.--
``(1) Types of activities authorized.--Grants awarded under
this section shall be used by Asian American and Pacific
Islander-serving institutions to assist such institutions to
plan, develop, undertake, and carry out activities to improve
and expand such institutions' capacity to serve Asian Americans
and Pacific Islanders.
``(2) Examples of authorized activities.--Such activities
may include--
``(A) purchase, rental, or lease of scientific or
laboratory equipment for educational purposes,
including instructional and research purposes;
``(B) renovation and improvement in classroom,
library, laboratory, and other instructional
facilities;
``(C) support of faculty exchanges, and faculty
development and faculty fellowships to assist in
attaining advanced degrees in the faculty's field of
instruction;
``(D) curriculum development and academic
instruction;
``(E) purchase of library books, periodicals,
microfilm, and other educational materials;
``(F) funds and administrative management, and
acquisition of equipment for use in strengthening funds
management;
``(G) joint use of facilities such as laboratories
and libraries;
``(H) academic tutoring and counseling programs and
student support services;
``(I) establishing community outreach programs that
will encourage elementary school and secondary school
students to develop the academic skills and the
interest to pursue post-secondary education;
``(J) establishing or improving an endowment fund;
``(K) academic instruction in disciplines in which
Asian Americans and Pacific Islanders are under-
represented;
``(L) conducting research and data collection for
Asian American and Pacific Islander populations and
sub-populations; and
``(M) establishing partnerships with community
based organizations serving Asian Americans and Pacific
Islanders.
``(d) Application Process.--
``(1) Institutional eligibility.--Each Asian American and
Pacific Islander-serving institution desiring to receive
assistance under this section shall submit to the Secretary
such enrollment data as may be necessary to demonstrate that
the institution is an Asian American and Pacific Islander-
serving institution as defined in subsection (b), along with
such other information and data as the Secretary may by
regulation require.
``(2) Applications.--Any institution which is determined by
the Secretary to be an Asian American and Pacific Islander-
serving institution may submit an application for assistance
under this section to the Secretary. Such application shall
include--
``(A) a 5-year plan for improving the assistance
provided by the Asian American and Pacific Islander-
serving institution to Asian American and Pacific
Islander students; and
``(B) such other information and assurances as the
Secretary may require.
``(3) Special rules.--
``(A) Eligibility.--No Asian American and Pacific
Islander-serving institution that receives funds under
this section shall concurrently receive funds under
other provisions of this part or part B.
``(B) Exemption.--Section 313(d) shall not apply to
institutions that are eligible to receive funds under
this section.
``(C) Distribution.--In awarding grants under this
section, the Secretary shall--
``(i) to the extent possible and consistent
with the competitive process under which such
grants are awarded, ensure maximum and
equitable distribution among all eligible
institutions; and
``(ii) give priority consideration to
institutions that serve a significant
percentage of Asian American and Pacific
Islander students who are low-income
individuals.''.
(b) Authorization of Appropriations.--Section 399(a)(1) of the
Higher Education Act of 1965 (20 U.S.C. 1068h(a)(1)) is amended by
adding at the end the following:
``(D) There are authorized to be appropriated to
carry out section 318, $30,000,000 for fiscal year 2006
and such sums as may be necessary for each of the 4
succeeding fiscal years.''. | Asian Americans and Pacific Islanders Higher Education Enhancement Act - Amends the Higher Education Act of 1965 title III part A (Strengthening Institutions) to direct the Secretary of Education to provide grants and related assistance to certain institutions of higher education for activities to improve their capacity to serve students who are Asian Americans and Pacific Islanders. Gives priority to eligible institutions with a significant percentage of enrollment made up of such students who are low-income individuals. | {"src": "billsum_train", "title": "A bill to amend the Higher Education Act of 1965 to authorize grants for institutions of higher education serving Asian Americans and Pacific Islanders."} | 1,878 | 97 | 0.404374 | 1.111648 | 0.421705 | 2.939759 | 21.13253 | 0.939759 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clone Pager Authorization Act of
1999''.
SEC. 2. CLONE PAGERS.
(a) In General.--Section 2511(2)(h) of title 18, United States
Code, is amended by striking clause (i) and inserting the following:
``(i) to use a pen register, a trap and
trace device, or a clone pager, as those terms
are defined in chapter 206 (relating to pen
registers, trap and trace devices, and clone pagers) of this title;
or'';
(b) Exception.--Section 3121 of title 18, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Except as provided in this section, no person
may install or use a pen register, trap and trace device, or clone
pager without first obtaining a court order under section 3123 or
section 3129 of this title, or under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).'';
(2) in subsection (b), by striking ``a pen register or a
trap and trace device'' and inserting ``a pen register, trap
and trace device, or clone pager''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3121. General prohibition on pen register, trap and trace
device, and clone pager use; exception''.
(c) Assistance.--Section 3124 of title 18, United States Code, is
amended--
(1) by redesignating subsections (c) through (f) as
subsections (d) through (g), respectively;
(2) by inserting after subsection (b) the following:
``(c) Clone Pager.--Upon the request of an attorney for the
Government or an officer of a law enforcement agency authorized to use
a clone pager under this chapter, a provider of electronic
communication service shall furnish to such investigative or law
enforcement officer all information, facilities, and technical
assistance necessary to accomplish the use of the clone pager
unobtrusively and with a minimum of interference with the services that
the person so ordered by the court provides to the subscriber, if such
assistance is directed by a court order, as provided in section
3129(b)(2) of this title.''; and
(3) by striking the section heading and inserting the
following:
``Sec. 3124. Assistance in installation and use of a pen register, trap
and trace device, or clone pager''.
(d) Emergency Installations.--Section 3125 of title 18, United
States Code, is amended--
(1) by striking ``pen register or a trap and trace device''
and ``pen register or trap and trace device'' each place those
terms appear, and inserting ``pen register, trap and trace
device, or clone pager'';
(2) in subsection (a), by striking ``an order approving the
installation or use is issued in accordance with section 3123
of this title'' and inserting ``an application is made for an
order approving the installation or use in accordance with
section 3122 or section 3128 of this title'';
(3) in subsection (b), by adding at the end the following:
``In the event that such application for the use of a clone
pager is denied, or in any other case in which the use of the
clone pager is terminated without an order having been issued,
an inventory shall be served as provided for in section
3129(e).''; and
(4) by striking the section heading and inserting the
following:
``Sec. 3125. Emergency pen register, trap and trace device, and clone
pager installation and use''.
(e) Reports.--Section 3126 of title 18, United States Code, is
amended--
(1) by striking ``pen register orders and orders for trap
and trace devices'' and inserting ``orders for pen registers,
trap and trace devices, and clone pagers''; and
(2) by striking the section heading and inserting the
following:
``Sec. 3126. Reports concerning pen registers, trap and trace devices,
and clone pagers''.
(f) Definitions.--Section 3127 of title 18, United States Code, is
amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``or'' at the
end; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) with respect to an application for the use of
a pen register or trap and trace device, a court of
general criminal jurisdiction of a State authorized by
the law of that State to enter orders authorizing the
use of a pen register or a trap and trace device; or
``(C) with respect to an application for the use of
a clone pager, a court of general criminal jurisdiction
of a State authorized by the law of that State to issue
orders authorizing the use of a clone pager;'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) the term `clone pager' means a numeric display device
that receives communications intended for another numeric
display paging device.''.
(g) Applications.--Chapter 206 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3128. Application for an order for use of a clone pager
``(a) Application.--
``(1) Federal representatives.--Any attorney for the
Government may apply to a court of competent jurisdiction for
an order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(2) State representatives.--A State investigative or law
enforcement officer may, if authorized by a State statute,
apply to a court of competent jurisdiction of such State for an
order or an extension of an order under section 3129 of this
title authorizing the use of a clone pager.
``(b) Contents of Application.--An application under subsection (a)
of this section shall include--
``(1) the identity of the attorney for the Government or
the State law enforcement or investigative officer making the
application and the identity of the law enforcement agency
conducting the investigation;
``(2) the identity, if known, of the individual or
individuals using the numeric display paging device to be
cloned;
``(3) a description of the numeric display paging device to
be cloned;
``(4) a description of the offense to which the information
likely to be obtained by the clone pager relates;
``(5) the identity, if known, of the person who is subject
of the criminal investigation; and
``(6) an affidavit or affidavits, sworn to before the court
of competent jurisdiction, establishing probable cause to
believe that information relevant to an ongoing criminal
investigation being conducted by that agency will be obtained
through use of the clone pager.
``Sec. 3129. Issuance of an order for use of a clone pager
``(a) In General.--Upon an application made under section 3128 of
this title, the court shall enter an ex parte order authorizing the use
of a clone pager within the jurisdiction of the court if the court
finds that the application has established probable cause to believe
that information relevant to an ongoing criminal investigation being
conducted by that agency will be obtained through use of the clone
pager.
``(b) Contents of an Order.--An order issued under this section--
``(1) shall specify--
``(A) the identity, if known, of the individual or
individuals using the numeric display paging device to
be cloned;
``(B) the numeric display paging device to be
cloned;
``(C) the identity, if known, of the subscriber to
the pager service; and
``(D) the offense to which the information likely
to be obtained by the clone pager relates; and
``(2) shall direct, upon the request of the applicant, the
furnishing of information, facilities, and technical assistance
necessary to use the clone pager under section 3124 of this
title.
``(c) Time period and extensions.--
``(1) In general.--An order issued under this section shall
authorize the use of a clone pager for a period not to exceed
30 days. Such 30-day period shall begin on the earlier of the
day on which the investigative or law enforcement officer first
begins use of the clone pager under the order or the tenth day
after the order is entered.
``(2) Extensions.--Extensions of an order issued under this
section may be granted, but only upon an application for an
order under section 3128 of this title and upon the judicial
finding required by subsection (a). An extension under this
paragraph shall be for a period not to exceed 30 days.
``(3) Report.--Within a reasonable time after the
termination of the period of a clone pager order or any
extensions thereof under this subsection, the applicant shall
report to the issuing court the number of numeric pager
messages acquired through the use of the clone pager during
such period.
``(d) Nondisclosure of Existence of Clone Pager.--An order
authorizing the use of a clone pager shall direct that--
``(1) the order shall be sealed until otherwise ordered by
the court; and
``(2) the person who has been ordered by the court to
provide assistance to the applicant may not disclose the
existence of the clone pager or the existence of the
investigation to the listed subscriber, or to any other person,
until otherwise ordered by the court.
``(e) Notification.--Within a reasonable time, not later than 90
days after the date of termination of the period of a clone pager order
or any extensions thereof, the issuing judge shall cause to be served,
on the individual or individuals using the numeric display paging
device that was cloned, an inventory including notice of--
``(1) the fact of the entry of the order or the
application;
``(2) the date of the entry and the period of clone pager
use authorized, or the denial of the application; and
``(3) whether or not information was obtained through the
use of the clone pager. Upon an ex-parte showing of good cause,
a court of competent jurisdiction may in its discretion
postpone the serving of the notice required by this section.''.
(h) Clerical Amendments.--The table of sections for chapter 206 of
title 18, United States Code, is amended--
(1) by striking the item relating to section 3121 and
inserting the following:
``3121. General prohibition on pen register, trap and trace device, and
clone pager use; exception.'';
(2) by striking the items relating to sections 3124, 3125,
and 3126 and inserting the following:
``3124. Assistance in installation and use of a pen register, trap and
trace device, or clone pager.
``3125. Emergency pen register, trap and trace device, and clone pager
installation and use.
``3126. Reports concerning pen registers, trap and trace devices, and
clone pagers.''; and
(3) by adding at the end the following:
``3128. Application for an order for use of a clone pager.
``3129. Issuance of an order for use of a clone pager.''.
(i) Conforming Amendment.--Section 605(a) of title 47, United
States Code, is amended by striking ``chapter 119'' and inserting
``chapters 119 and 206''. | Clone Pager Authorization Act of 1999 - Amends the Federal criminal code to authorize the use of a clone pager (a numeric display device that receives communications intended for another numeric display paging device) in appropriate Federal investigative or law enforcement circumstances.
Directs a provider of clone pagers, upon request of a Government attorney or law enforcement officer authorized to use such a device, to furnish to such attorney or officer all information, facilities, and technical assistance necessary to accomplish the use of such pager unobtrusively and with a minimum of interference with the paging services provided.
Amends provisions regarding the use of pen registers and trap and trace devices to cover the use of clone pagers.
Authorizes any U.S. attorney or authorized State investigative or law enforcement officer to apply for the use of a clone pager.
Directs the court to enter into an ex parte order authorizing the installation and use of a clone pager if the court finds probable cause to believe that information relevant to an ongoing criminal investigation will be obtained. Limits such order to 30 days, with extensions for good cause shown. Requires the applicant to report to the issuing court the number of pager messages acquired through the use of the clone pager during such period. Requires: (1) the nondisclosure of the existence of an order authorizing clone pager use during the period covered by the order; and (2) after such period, notification to the party whose messages were acquired that an order authorizing such use was issued by such court. | {"src": "billsum_train", "title": "Clone Pager Authorization Act of 1999"} | 2,835 | 362 | 0.632979 | 1.922153 | 0.866009 | 3.599303 | 8.703833 | 0.916376 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Vaccinate America's Children through
Complete Information & Education Act of 2015''.
SEC. 2. ENCOURAGING STATES TO STRENGTHEN ADMINISTRATIVE PROCEDURES
RELATED TO NONMEDICAL EXEMPTIONS FROM STATE VACCINATION
REQUIREMENTS.
(a) In General.--Section 1928 of the Social Security Act (42 U.S.C.
1396s) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new
subsection:
``(h) Administrative Procedures for Granting Nonmedical
Exemptions.--
``(1) Certification of adoption of procedures.--
``(A) In general.--A State program under this
section does not comply with the requirements of this
section unless the State certifies to the Secretary
that the State has established administrative
procedures for granting nonmedical exemptions from
State immunization requirements (as defined in
subparagraph (B)) that include at least 2 of the
prerequisites described in paragraph (2).
``(B) Nonmedical exemption from state immunization
requirement.--For purposes of this subsection, the term
`nonmedical exemption from State immunization
requirements' means any exemption from a State law that
requires a child to receive a pediatric vaccine
(including school immunization requirements) that is
not based on a medical reason.
``(2) Nonmedical exemption prerequisites.--The
prerequisites for granting a nonmedical exemption from State
immunization requirements described in this paragraph are the
following:
``(A) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child shall discuss the consequences
of nonvaccination with the child's pediatrician or
other primary care provider and that the discussion is
noted in the child's medical record.
``(B) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child read and sign a form that
discusses the risks of nonvaccination and submits the
form to the State.
``(C) The State requires that prior to the
exemption being granted, a parent or guardian seeking a
nonmedical exemption from State immunization
requirements for a child submits to the State a
notarized letter describing the parent's or guardian's
reasons for seeking the exemption.
``(D) The State requires that all nonmedical
exemptions from State immunization requirements shall
only be granted for a 1-year period and shall be
required to be renewed annually if a parent or guardian
of a child wants the exemption to continue for another
year.
``(3) Penalty.--
``(A) In general.--With respect to a fiscal year,
if a State fails to submit the certification required
under paragraph (1) or if the administrative procedures
established by the State for granting nonmedical
exemptions from State immunization requirements do not
include at least 2 of the prerequisites described in
paragraph (2), the State shall pay the Secretary an
amount equal to--
``(i) in the case of a State that is not a
manufacturer of pediatric vaccines, 5 percent
of the value (as determined by the Secretary)
of the vaccines provided to the State under
subsection (b)(2)(A) for that fiscal year; and
``(ii) in the case of a State that is a
manufacturer of pediatric vaccines, 5 percent
of the sum of--
``(I) the value (as determined by
the Secretary) of any vaccines provided
to the State under subsection (b)(2)(A)
for that fiscal year; and
``(II) the amount paid to the State
for the fiscal year under subsection
(b)(2)(C).
``(B) Treatment as an overpayment.--A State payment
required to be made to the Secretary under subparagraph
(A) shall be deemed an overpayment to the State under
this title to be disallowed against the State's regular
quarterly draw for all spending under section
1903(d)(2). Such a disallowance is not subject to a
reconsideration under section 1116(e).''.
(b) Conforming Amendments.--
(1) Section 1928 of the Social Security Act (42 U.S.C.
1396s), as amended by subsection (a), is further amended--
(A) in subsection (a)(1)(A), by striking
``subsection (h)(8)'' and inserting ``subsection
(i)(8)''; and
(B) in subsection (b)(2)(A)(iv), by striking
``subsection (h)(3)'' and inserting ``subsection
(i)(3)''.
(2) Section 609(d) of the Employee Retirement Income
Security Act of 1974 (42 U.S.C. 1169(d)) is amended by striking
``section 1928(h)(6)'' and inserting ``section 1928(i)(6)''.
(c) Effective Date.--The amendments made by this Act shall take
effect on the date that is 1 year after the date of the enactment of
this Act. | Vaccinate America's Children through Complete Information & Education Act of 2015 This bill amends title XIX (Medicaid) of the Social Security Act to require a state to certify that it has established, in its pediatric vaccine distribution program, administrative procedures regarding nonmedical exemptions from state immunization requirements. These procedures must include at least two of the following prerequisites for granting a nonmedical exemption: the child's parent or guardian shall discuss the consequences of nonvaccination with the child's primary care provider, as noted in the child's medical record; the child's parent or guardian shall read, sign, and submit to the state a form discussing the risks of nonvaccination; the child's parent of guardian shall submit to the state a notarized letter describing why the exemption is being sought; or all medical exemptions shall be granted for only a one-year period and shall be required to be renewed annually only if the child's parent or guardian wants the exemption to continue for another year. A state that does not comply with these requirements is subject to a monetary penalty. | {"src": "billsum_train", "title": "Vaccinate America's Children through Complete Information & Education Act of 2015"} | 1,219 | 255 | 0.749603 | 2.286754 | 0.938373 | 2.845411 | 4.898551 | 0.874396 |
SECTION 1. SHORT TITLE, FINDINGS, AND PURPOSE.
(a) Short Title.--This Act may be cited as the ``Rocky Flats
Minerals Acquisition Act''.
(b) Findings.--The Congress finds the following:
(1) Pursuant to the Rocky Flats Wildlife Refuge Act of 2001
(subtitle F of Public Law 107-107), upon completion of its
cleanup and closure, the Rocky Flats Environmental Technology
Site, located in Colorado, will be transferred to the
Department of the Interior and managed as a unit of the
National Wildlife Refuge System.
(2) Acquisition by the United States of certain mineral
rights associated with Rocky Flats is desirable in order to--
(A) further sound management of the site as a
national wildlife refuge; and
(B) reduce the long-term responsibility of the
Department of Energy.
(3) The likelihood of acquiring such rights will be
increased by providing the Secretary of the Interior additional
methods for completion of the acquisition.
(c) Purpose.--The purpose of this Act is to authorize and
facilitate acquisition of mineral and other rights associated with the
Rocky Flats site.
SEC. 2. DEFINITIONS.
In this Act:
(1) Mineral rights.--The term ``mineral rights'' means the
right, title, and interest of parties other than the United
States with respect to minerals located within the boundary of
the Rocky Flats National Wildlife Refuge.
(2) Fair market value.--The term ``fair market value''
means the value of a mineral right, as determined by an
appraisal performed by an independent, certified mineral
appraiser under the Uniform Standards of Professional Appraisal
Practice.
(3) Natural resource damage liability claim.--The term
``natural resource damage liability claim'' means a natural
resource damage liability claim under subsections (a)(4)(C) and
(f) of section 107 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9607)
arising from hazardous substances releases at or from Rocky
Flats that, as of the date of enactment of this Act, are
identified in the administrative record for Rocky Flats
required by the National Oil and Hazardous Substances Pollution
Contingency Plan prepared under section 105 of that Act (42
U.S.C. 9605).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Trustees.--The term ``Trustees'' means the Federal and
State officials designated as trustees under section 107(f)(2)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9607(f)(2)).
(6) Rocky flats.--The term ``Rocky Flats'' means the
Department of Energy facility in the State of Colorado known as
the ``Rocky Flats Environmental Technology Site''.
(7) Rocky flats national wildlife refuge.--The term ``Rocky
Flats National Wildlife Refuge'' has the same meaning as in the
Rocky Flats National Wildlife Refuge Act (subtitle F of Public
Law 107-107).
SEC. 3. PURCHASE OF MINERAL RIGHTS.
(a) Purchase of Mineral Rights.--
(1) In general.--The Secretary may purchase mineral rights.
(2) Conditions.--The Secretary shall not purchase a mineral
right under paragraph (1) unless--
(A) the owner of the mineral right is a willing
seller; and
(B) the Secretary purchases the mineral right at
fair market value.
(b) Consultation Regarding Priority.--The Secretary shall consult
with the Secretary of the Interior in order to identify which purchases
of mineral rights should have the highest priority.
(c) Retention of Minerals.--Mineral rights purchased under this Act
shall be retained by the United States, and are hereby withdrawn from
disposal under the mining and mineral leasing laws of the United
States.
SEC. 4. FUNDING AND RELEASE FROM LIABILITY.
(a) Funding.--For the purpose of purchasing mineral rights under
this Act, the Secretary may use--
(1) of the amounts appropriated to the Secretary for the
Rocky Flats Environmental Technology Site during fiscal year
2006, $10,000,000; and
(2) any other funds appropriated for such purpose.
(b) Release From Liability.--Notwithstanding any other law, any
natural resource damage liability claim shall be considered to be
satisfied by--
(1) the purchase by the Secretary of mineral rights for
consideration in an amount equal to $10,000,000;
(2) the payment by the Secretary to the Trustees of
$10,000,000; or
(3) the purchase by the Secretary of any portion of mineral
rights for--
(A) consideration in an amount less than
$10,000,000; and
(B) a payment by the Secretary to the Trustees of
an amount equal to the difference between $10,000,000
and the amount paid under subparagraph (A).
(c) Use of Funds.--
(1) In general.--Any amounts received by the Trustees under
subsection (b) shall be used by the Trustees for the purposes
described in section 107(f)(1) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9607(f)(1)), including--
(A) the purchase of any additional Rocky Flats
mineral rights that were not purchased by the Secretary
under this subsection; and
(B) the development of habitat restoration projects
at Rocky Flats.
(2) Condition.--Any expenditure of funds under this
paragraph shall be made jointly by the Trustees.
(3) Additional funds.--The Trustees may use the funds
received under subsection (b)(3) in conjunction with other
private and public funds.
SEC. 5. TRANSFER OF MANAGEMENT RESPONSIBILITIES FOR LANDS CONTAINING
ROCKY FLATS MINERALS.
Notwithstanding the Rocky Flats National Wildlife Refuge Act (16
U.S.C. 668dd note; Public Law 107-107), administrative jurisdiction
over lands in Rocky Flats where active development of mineral rights is
occurring shall remain with the Secretary and shall not be transferred
to the Secretary of the Interior until such time as mining has
terminated and the lands have been reclaimed by the mineral rights
holders in accordance with requirements established by the State of
Colorado.
SEC. 6. ADDITIONAL AUTHORITY TO ACQUIRE MINERAL INTERESTS.
Section 3174 of Public Law 107-107 (115 Stat. 1381) is amended by
adding at the end the following:
``(g) Acquisition of Mineral Interests and Interests in Lands or
Waters.--
``(1) In general.--The Secretary of the Interior may
acquire mineral interests, including interests in sand and
gravel, and any other non-Federal interests in lands or waters,
within Rocky Flats by--
``(A) purchase with funds available to the
Secretary for such purpose;
``(B) exchange under section 206 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716);
``(C) issuance of credits in an amount equal to
some or all of the market value of the mineral or other
interests acquired, with the concurrence of the person
transferring such interests to the United States; or
``(D) any combination of the means described in
subparagraphs (A), (B), and (C).
``(2) Definition of credits.--For purposes of this
subsection, the term `credits' means appropriate legal
instruments or other written documentation, or an entry in an
account managed by the Secretary of the Interior, that can be
used in lieu of any other monetary payment--
``(A) for bonus bids for lease sales on the Outer
Continental Shelf; or
``(B) for royalty due on oil or gas production
under any lease of an area located on the Outer
Continental Shelf outside the zone described in section
8(g)(2) of the Outer Continental Shelf Lands Act (43
U.S.C. 1337(g)(2)).
``(3) Transferability of credits.--Any credits issued under
this subsection shall be freely transferable to any other
person, if the transferor notifies the Secretary of the
Interior of the transfer by such method as the Secretary may
specify.
``(4) Expiration.--Any credits issued under this subsection
shall expire 10 years after the date on which they are issued.
``(5) Acquisition through exchange.--
``(A) Same-state restriction not applicable.--The
requirement under section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b))
that lands or interests exchanged under that section
must be located in the same State shall not apply to
land (or an interest in land) in Rocky Flats that is
acquired by the United States in an exchange under that
section.
``(B) Limitations.--
``(i) Suitability for disposal.--Nothing in
this subsection shall be construed as
authorizing disposal of any public land or
interest therein that has not been identified
as suitable for disposal pursuant to section
203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1713).
``(ii) Lands outside exterior boundaries.--
No lands (or interests therein) located outside
the exterior boundaries of Rocky Flats may be
acquired by the Federal Government for the
purposes of this subtitle except with the
consent of the owner thereof.
``(6) Management of acquired interests.--Any interests
acquired by the United States under this subsection shall be
managed by the Secretary of the Interior under the standards
that apply to the Rocky Flats National Wildlife Refuge. No
minerals acquired under this subsection shall be subject to
development or disposal by the United States or any other party
under any law related to minerals owned by the United States.
``(7) Relation to other authority.--The authorities
provided to the Secretary of the Interior by this subsection
are in addition to any other authority available to the
Secretary with regard to acquisition of non-Federal interests
located within Rocky Flats.''.
SEC. 7. EXEMPTION.
No acquisition of mineral rights under this Act shall be considered
to constitute a major Federal action significantly affecting the
quality of the human environment for purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). | Rocky Flats Minerals Acquisition Act - Authorizes the Secretary of Energy to purchase, at fair market value from willing sellers, rights to minerals located within the Rocky Flats National Wildlife Refuge.
Withdraws such rights from disposal under federal mining and mineral leasing laws.
Authorizes the Secretary to use certain funds appropriated for the Rocky Flats Environmental Technology Site during FY 2006 to purchase such rights.
Cites purchase and payment conditions for satisfaction of any natural resource damage liability claim.
Declares that administrative jurisdiction over lands in Rocky Flats where active development of mineral rights is occurring remains with the Secretary and shall not be transferred to the Secretary of the Interior until mining has been terminated and the lands have been reclaimed by the mineral rights holders in accordance with Colorado state requirements.
Amends the National Defense Authorization Act for FY2002 to prescribe procedures under which the Secretary of the Interior may acquire mineral interests, including interests in sand and gravel and any other non-federal interests in lands or waters within Rocky Flats. | {"src": "billsum_train", "title": "To authorize the acquisition of certain mineral rights in Colorado, and for other purposes."} | 2,256 | 216 | 0.588636 | 1.621721 | 0.788112 | 4.78836 | 10.798942 | 0.915344 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Student Loan Refinancing
Act''.
SEC. 2. STUDENT LOAN CONSOLIDATION.
Section 459B of the Higher Education Act of 1965 (20 U.S.C. 1087i-
2) is amended--
(1) in subsection (a)(3), by striking ``section'' and
inserting ``subsection'';
(2) in subsection (b), by striking ``this section'' and
inserting ``subsection (a)'' each place the term appears; and
(3) by inserting at the end the following:
``(c) Temporary Loan Consolidation Authority for Certain Loans Made
After July 1, 2006.--
``(1) Loan consolidation authority.--
``(A) In general.--A borrower who has 1 or more
loans in a category described in subparagraph (B) may
consolidate all of the loans of the borrower that are
described in subparagraph (B) into a Federal Direct
Consolidation Loan during the period described in
subparagraph (C).
``(B) Categories of loans that may be
consolidated.--The categories of loans that may be
consolidated under subparagraph (A) are loans made on
or after July 1, 2006, that are--
``(i) loans made under this part;
``(ii) loans purchased by the Secretary
pursuant to section 459A; and
``(iii) loans made under part B that are
held by an eligible lender, as such term is
defined in section 435(d).
``(C) Time period in which loans may be
consolidated.--
``(i) Federal direct loans.--In the case of
a borrower who has 1 or more loans described
under subparagraph (B)(i), the Secretary
shall--
``(I) consolidate the loans
described under subparagraph (B)(i) not
later than 90 days after the date of
enactment of the Federal Student Loan
Refinancing Act; and
``(II) notify the borrower, in
writing, prior to such consolidation
that--
``(aa) the borrower's loans
under this part have been
consolidated at a lower
interest rate; and
``(bb) the borrower's
repayment plan and the other
terms and conditions of the
borrower's loan remain
unchanged.
``(ii) Other loans.--In the case of a
borrower who has 1 or more loans described
under clause (ii) or (iii) of subparagraph (B),
the Secretary shall--
``(I) initiate the loan
consolidation process for the loans
described under clause (ii) or (iii) of
subparagraph (B), not later than 90
days after the date of enactment of the
Federal Student Loan Refinancing Act,
by sending a completed loan
consolidation application to the
borrower;
``(II) notify the borrower, as part
of such application, that a fee will be
assessed and that the interest rate of
the Federal Direct Consolidation Loan
will be set in accordance with
paragraph (2); and
``(III) notify the borrower, as
part of such application, that if the
borrower wishes to consolidate in
accordance with the completed
application, the borrower must endorse
the application and submit the
application to the Secretary not more
than 6 months after receipt of the
application.
``(2) Terms of loans.--The following terms and conditions
shall apply to a Federal Direct Consolidation Loan made under
this subsection:
``(A) The applicable rate of interest on a Federal
Direct Consolidation Loan made under this subsection
shall be--
``(i) 4 percent; or
``(ii) in a case in which the weighted
average of the interest rates on the
outstanding loans of a borrower that will be
consolidated is less than 4 percent, the lesser
of--
``(I) the weighted average of the
interest rates on the outstanding loans
of a borrower that will be
consolidated; or
``(II) a rate of interest equal
to--
``(aa) 4 percent; minus
``(bb) 0.4 percent of the
principal balance of the
consolidation loan, at the time
of consolidation.
``(B) In the case of a loan consolidated under
paragraph (1)(C)(ii), an origination fee equal to 0.4
percent of the principal balance of the consolidation
loan, at the time of consolidation, will be added to
the principal balance of the loan, and the Secretary
shall use the fee to cover the cost of making and
servicing the loan.
``(C) If 1 or more of the loans being consolidated
is a loan described under paragraph (1)(B)(iii), the
interest rate on the Federal Direct Consolidation Loan
under this subsection shall be reduced by 0.25 percent.
``(D) Any benefit a borrower is receiving or
earning at the time a Federal Direct Consolidation Loan
is issued under this subsection shall not be affected
by consolidation under this section, including benefits
such as a deferment or forbearance, accumulation of
monthly payments as part of the public service loan
forgiveness program under section 455(m), accumulation
of monthly payments toward a loan discharge under the
income-based repayment plan under section 493C,
participation in a particular repayment plan, and other
benefits to the borrower.''.
SEC. 3. EXEMPTIONS FROM OTHER LAWS.
(a) Exemption From the Paperwork Reduction Act.--Chapter 35 of
title 44, United States Code, shall not apply to this Act.
(b) Inapplicability of Rulemaking Requirements.--Sections 482(c)
and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a)
and section 553 of title 5, United States Code, shall not apply to the
amendments made by this Act, or to any regulations promulgated under
such amendments. | Federal Student Loan Refinancing Act This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to allow borrowers that received loans under the William D. Ford Federal Direct Loan (DL) or Federal Family Education Loan (FFEL) program on or after July 1, 2006, to consolidate those loans as Federal Direct Consolidation Loans. It directs the Department of Education (ED) to consolidate DLs, and send a completed loan consolidation application to FFEL borrowers, within 90 days of this bill's enactment. It gives FFEL borrowers six months after their receipt of such application to endorse it and submit it to ED if they wish to consolidate their loans. The bill sets the interest rate on Federal Direct Consolidation Loans at 4% or, if the weighted average of the interest rates of the loans being consolidated is less than 4%, the lesser of: (1) that weighted average, or (2) an interest rate equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation. It adds an origination fee equal to 0.4% of the principal balance of the consolidation loan at the time of consolidation if an FFEL is being consolidated. It reduces the interest rate on a Federal Direct Consolidation Loan by 0.25% if one or more of the loans being consolidated is an FFEL held by an eligible lender. The bill prohibits any benefit a borrower is receiving or earning when issued a Federal Direct Consolidation Loan from being affected by the consolidation. | {"src": "billsum_train", "title": "Federal Student Loan Refinancing Act"} | 1,347 | 341 | 0.563132 | 1.580791 | 0.793102 | 2.676056 | 4.260563 | 0.809859 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Senior Citizen Hall of Fame
Act of 1996''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the senior population (65 and older) of the United
States is projected to be 35,000,000 by the year 2000 (which
would equal 13 percent of the population);
(2) the total population of the United States is projected
to exceed 300,000,000 by the year 2000;
(3) the senior population is projected to be 40,000,000 by
the year 2010 (which would equal 13.3 percent of the
population);
(4) the senior population will accelerate significantly
with the entry of baby-boomers into the senior population so
that by the year 2030, the senior population will increase to
70,000,000;
(5) the minority population is projected to represent 25
percent of the elderly population by the year 2030 (including
Hispanic Americans, African Americans, Native Americans, Native
Alaskans, Asian Americans, and Pacific Islanders);
(6) the older population is getting larger, in 1993 the 75-
84 age group (10,800,000 individuals) was 14 times larger than
in 1900, and the 85 plus age group was 27 times larger;
(7) 5,500 individuals per day in the United States
celebrate their 65th birthday;
(8) the matured judgment, the keen insight, the historical
retrospect, the forth right vision, and the gifted leadership
of the aging, are invaluable to the national life of the United
States;
(9) older Americans embrace the national patriotism, the
solidarity of the American heritage, and the allegiance in love
and devotion to the United States, and is transmitting these
noble virtues to future generations; and
(10) the American dream is that all people are created
equal in a nation where righteousness, mercy, and justice are
the cornerstones of democracy.
(b) Purpose.--It is the purpose of this Act to--
(1) encourage and authorize the establishment of a National
Senior Citizen Hall of Fame Commission;
(2) encourage the establishment of a Senior Citizen Hall of
Fame in the 50 States, the District of Columbia, and the
territorial possessions;
(3) through the Commission and the State Senior Citizen
Halls of Fame, bestow the honor, recognition, and memorial upon
deserving citizens for outstanding achievements, services, and
contributions to the lives of older Americans; and
(4) utilize the Alabama Senior Citizens Hall of Fame, its
constitution, and bylaws with respect to such entity as a model
in establishing State Senior Citizens Hall of Fame.
SEC. 3. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a Commission to be known
as the National Senior Citizen Hall of Fame Commission (in this Act
referred to as the ``Commission'').
(b) Membership.--
(1) Composition.--The Commission shall be composed of not
more than 56 members of whom one shall be appointed by the
Citizen Hall of Fame of each State.
(2) Date.--The initial appointments of the members of the
Commission shall be made not later than January 1, 1997.
(3) Definition.--As used in paragraph (1), the term
``State'' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, American Samoa, Guam, and the Northern Mariana
Islands.
(c) Period of Appointment; Vacancies.--Members of the Commission
shall be appointed for an annual 1-year term commencing on January 1
and ending on December 31. Any vacancy in the Commission shall not
affect its powers, and shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after the date on
which a majority of the members of the Commission have been appointed,
the Commission shall hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold meetings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among its members.
SEC. 4. DUTIES OF THE COMMISSION.
The Commission shall act to bestow honor and recognition upon
deserving citizens for their outstanding accomplishments, service, and
contributions to the lives of older Americans. The Commission may
provide commendations, certificates of merit, or other forms of awards
to bestow such an honor as the Commission determines appropriate.
SEC. 5. POWERS OF THE COMMISSION.
(a) Meetings.--The Commission may hold such meetings and sit and
act at such times and places as the Commission considers advisable to
carry out the purposes of this Act.
(b) Task Forces.--The Commission may establish such committees and
task forces as the Commission determines necessary to carry out its
business and achieve the objectives of the Commission.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to enable the Commission to carry out the purposes
of this Act.
(b) Availability.--Any sums appropriated under the authorization
contained in this section shall remain available, without fiscal year
limitation, until expended. | National Senior Citizen Hall of Fame Act of 1996 - Establishes the National Senior Citizen Hall of Fame to bestow honor and recognition upon deserving citizens for their outstanding accomplishments, service, and contributions to the lives of older Americans.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Senior Citizen Hall of Fame Act of 1996"} | 1,204 | 59 | 0.460366 | 1.193592 | 1.466269 | 6.521739 | 24.173913 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Service to Country Reimbursement Act
of 2003''.
SEC. 2. ASSISTANCE FOR STATE AND LOCAL GOVERNMENTS THAT CONTINUE TO PAY
EMPLOYEES WHO SERVE ON ACTIVE DUTY IN A RESERVE COMPONENT
OF THE UNIFORMED SERVICES.
(a) In General.--Chapter 17 of title 37, United States Code, is
amended by adding at the end the following new section:
``Sec. 910. Assistance for State and local governments that continue to
pay employees who serve on active duty
``(a) Continuation of Civilian Basic Pay.--It is the purpose of
this section to encourage States and local governments to continue to
pay a portion of the civilian compensation of those employees who are
also members of a reserve component and are absent from a position of
employment with the State or local government under a call or order to
serve on active duty for a period of more than 30 days so that the
employees receive compensation in an amount that, when taken together
with their military pay, is at least equal to their civilian
compensation.
``(b) Reimbursement Offered.--At the request of a State or local
government that continues to pay all or a portion of the civilian
compensation of an employee described in subsection (a), the Secretary
concerned shall reimburse the State or local government for the
civilian compensation paid by the State or local government for each
pay period described in subsection (c), but not to exceed the
difference (if any) between--
``(1) the amount of civilian compensation that would
otherwise have been payable to the employee for such pay period
if the employee's civilian employment with the State or local
government had not been interrupted by the service on active
duty; and
``(2) the amount of military pay that is payable to the
employee for the service on active duty and is allocable to
such pay period.
``(c) Pay Periods.--Reimbursement shall be provided under this
section with respect to each pay period (which would otherwise apply if
the employee's civilian employment had not been interrupted) that
occurs--
``(1) while the employee serves on active duty for a period
of more than 30 days;
``(2) while the employee is hospitalized for, or
convalescing from, an illness or injury incurred in, or
aggravated during, the performance of such active duty; or
``(3) during the 14-day period beginning at the end of such
active duty or the end of the period referred to in paragraph
(2).
``(d) Effect of Failure To Return to Employment.--(1) If an
employee described in subsection (a), with respect to whom
reimbursement is provided to a State or local government under this
section, fails to report or apply for employment or reemployment with
the State or local government by the end of the period referred to in
subsection (c)(3), the employee shall refund to the Secretary concerned
the total amount of the reimbursement provided with respect to the
employee.
``(2) Subject to paragraph (3), an obligation to refund moneys to
the United States imposed under paragraph (1) is for all purposes a
debt owed to the United States.
``(3)(A) The Secretary concerned may waive, in whole or in part, a
refund required under paragraph (1) if the Secretary concerned
determines that recovery would be against equity and good conscience or
would be contrary to the best interests of the United States.
``(B) The Secretary concerned shall waive a refund required under
paragraph (1) if the Secretary concerned determines that the failure of
the employee in question to report or apply for employment or
reemployment was due to an injury or disability of the employee that is
not the fault of the employee.
``(4) A discharge in bankruptcy under title 11 that is entered less
than five years after the end of the period referred to in subsection
(c)(3) does not discharge the employee from a debt arising under
paragraph (1). This paragraph applies to any case commenced under title
11 after the date of the enactment of this section.
``(e) Regulations.--The Secretaries concerned shall prescribe
regulations to carry out this section.
``(f) Definitions.--In this section:
``(1) The term `civilian compensation' means the wages or
salary that an employee of a State or local government normally
receives from the employee's employment by the State or local
government.
``(2) The term `local government' means an agency or
political subdivision of a State.
``(3) The term `military pay' has the meaning given the
term `pay' in section 101(21) of this title.
``(4) The term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, Guam, the Virgin Islands, and other territories
or possessions of the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 37, United States Code, is amended by inserting
after the item relating to section 909 the following new item:
``910. Assistance for State and local governments that continue to pay
employees who serve on active duty.''.
(c) Application of Amendment.--Section 910 of title 37, United
States Code, as added by subsection (a), shall apply with respect to
pay periods (as described in subsection (b) of such section) beginning
on or after the date of the enactment of this Act. | Service to Country Reimbursement Act of 2003 - Requires the Secretary of the military department concerned (Secretary), at the request of a State or local government that continues to pay all or a portion of the civilian compensation of an employee while that employee is absent due to a call or order to serve on active military duty for a period of more than 30 days, to reimburse the State or local government up to an amount not to exceed the difference between: (1) the amount of civilian compensation that would otherwise have been payable to the employee if the employee's civilian compensation had not been interrupted by active-duty service; and (2) the amount of military pay that is payable to such employee for the active duty service performed. Requires an employee who fails to return to such civilian employment to refund to the Secretary the total amount of reimbursement provided with respect to that employee, but allows the Secretary to waive such refund requirement if such recovery would be against equity and good conscience or contrary to the best interests of the United States. Requires the Secretary to waive such refund if the failure of the employee to report or apply was due to an injury or disability that is not the fault of the employee. | {"src": "billsum_train", "title": "A bill to amend title 37, United States Code, to provide financial assistance to State and local governments that continue to pay employees who serve on active duty in a reserve component of the uniformed services."} | 1,221 | 255 | 0.709367 | 2.061867 | 0.930976 | 5.166667 | 4.987179 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Broadband Enhancement Act''.
SEC. 2. FEDERAL COMMUNICATIONS COMMISSION TO PROVIDE SUPPORT FROM
UNIVERSAL SERVICE FUND.
Section 254(e) of the Communications Act of 1934 (47 U.S.C. 254(e))
is amended--
(1) by redesignating so much of the text of such subsection
as follows ``(e) Universal Service Support.--'' as paragraph
(1);
(2) by inserting before ``After'' the following heading:
``(1) In general.--''; and
(3) by adding at the end the following:
``(2) Rural area broadband support.--In addition to any
other support provided under paragraph (1), the Commission
shall, within 90 days after the date of enactment of the Rural
Broadband Enhancement Act, initiate a proceeding to provide
Federal universal service support for the deployment of
broadband service (as defined in section 156(e)(1) of the
National Telecommunications and Information Administration
Organization Act) to eligible rural communities (as defined in
section 156(e)(2) of that Act). The proceeding shall be
completed within 240 days. Federal universal service support
provided as a result of that proceeding shall be determined
without cost averaging of any above-average cost areas with any
lower cost areas, such as would occur in statewide or study
averaging, and may be used for the deployment of--
``(A) loop treatments and digital subscriber line
access multiplexers;
``(B) cable modems;
``(C) wireless technology; and
``(D) satellite technology.''.
SEC. 3. RURAL UTILITIES SERVICE LOAN PROGRAM.
Part C of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.) is
amended by adding at the end thereof the following:
``SEC. 156. BROADBAND TELECOMMUNICATIONS SERVICES.
``(a) In General.--The Rural Utilities Service of the Department of
Agriculture, after consultation with the NTIA, shall make loans or
other extensions of credit to companies certified as eligible
telecommunications carriers providers, or that accept the obligations
of an eligible telecommunications carrier, in accordance with the
provisions of this section to finance the deployment of broadband
telecommunications services to eligible rural communities.
``(b) Eligibility Requirements.--To be eligible for a loan or other
extension of credit under this section, a project shall--
``(1) be capable of delivering broadband service;
``(2) be for the purpose of making access to broadband
service available to an eligible rural community where
broadband service is not otherwise generally available
throughout that community; and
``(3) be subject to the standards for service and area wide
coverage applicable to other projects administered by the Rural
Utilities Service.
``(c) Terms and Conditions.--Loans made under this section--
``(1) shall be made available in accordance with the
requirements of the Federal Credit Reform Act of 1990 (2 U.S.C.
661);
``(2) shall bear interest at an annual rate of not more
than 2 percent per annum; and
``(3) shall be made for the longer of--
``(A) a term of 30 years; or
``(B) the useful life of the assets constructed,
reconstructed, or acquired.
``(d) Limitations.--
``(1) Technology neutrality.--In making loans under this
section, the Rural Utilities Service may not take into
consideration the technology proposed to be employed.
``(2) Security interest.--The Rural Utilities Service may
take a security interest in assets or revenue streams, in
connection with a loan or other extension of credit made under
this section, of not more than the amount sufficient to cover
the assets financed by that loan or extension of credit.
``(e) Definitions.--In this section:
``(1) Broadband service.--The term `broadband service'
includes, without regard to any particular transmission medium
or technology, high-speed, switched, broadband
telecommunications capable of delivering not less than 1.0
megabits of data per second to the user and 0.5 megabits of
data per second from the user that enables users to originate
and receive high-quality voice, data, graphics, and video
telecommunications. The Commission shall, from time-to-time as
circumstances warrant, revise the rate-of-data-transmission
criteria stated in the preceding sentence upward to reflect
technological advances, and the criteria, as so revised, shall
be applied under the preceding sentence in lieu of the rate-of-
data-transmission criteria stated or previously revised by the
Commission under this sentence.
``(2) Eligible rural community.--The term `eligible rural
community' means any incorporated or unincorporated place
that--
``(A) has not more than 20,000 inhabitants, based
on the most recent available population statistics of
the Bureau of the Census; and
``(B) is not located in an area designated as a
Metropolitan Area by the Office of Management and
Budget.''.
SEC. 4. FUNDING.
There are authorized to be appropriated to the Secretary of
Agriculture to carry out the provisions of section 156 of the National
Telecommunications and Information Administration Organization Act
$3,000,000,000 for fiscal years 2001, 2002, 2003, 2004, through 2005,
such amount to remain available until expended. | Amends the National Telecommunications and Information Administrative Organization Act to direct the Rural Utilities Service of the Department of Agriculture to make loans or other credit extensions to eligible telecommunications carrier providers, or to companies that accept the obligations of such carriers, to finance the deployment of broadband service to eligible rural communities.
Authorizes appropriations for FY 2001 through 2005. | {"src": "billsum_train", "title": "Rural Broadband Enhancement Act"} | 1,234 | 79 | 0.583966 | 1.369444 | 0.834701 | 2.815385 | 17.107692 | 0.907692 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Classroom Trust Fund
Act.''
SEC. 2. PURPOSE.
The purposes of this title are--
(1) to dedicate a substantial portion of the on-budget
surplus to enhancing the education system in the nation;
(2) to promote excellence in elementary and secondary
education programs in the Nation;
(3) to increase parental involvement in the education of
their children;
(4) to boost student achievement in academic subjects to
high levels;
(5) to improve basic skills instruction, and to increase
teacher performance and accountability;
(6) to return the responsibility and control for education
to parents, teachers, schools, and local communities;
(7) to increase direct education funding to local schools;
and
(8) to give States and communities maximum freedom in
determining how to boost academic achievement and implement
education reforms.
SEC. 3. DEFINITIONS.
In this title:
(a) Local Educational Agency.--The term ``local educational
agency'' has the meaning given the term in section 14101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).
(b) Secretary.--The term ``Secretary'' means the Secretary of
Education.
(c) On-Budget Surplus.--For purposes of this section, the on-
budget, non-Medicare part A surplus for that fiscal year, shall be
determined by combining the on-budget surplus and the Medicare part A
surplus as set forth in the ``Budget and Economic Outlook'' as reported
by the Congressional Budget Office in January of the year preceding the
concurrent resolution on the budget pursuant to section 301(a)(3) for
that fiscal year.
SEC. 4. ESTABLISHMENT OF TRUST FUND.
(a) In General.--There is established in the Treasury of the United
States a fund to be known as the Children's Classroom Trust Fund (in
this title referred to as the ``Trust Fund''), consisting of such
amounts as provided for in subsection (b). Amounts in the accounts of
the Trust Fund shall remain available until expended for the purposes
established by this Act.
(b) Transfer to Fund of Amounts Specified.--At the beginning of
each Fiscal Year, the Secretary of the Treasury shall transfer to the
Children's Classroom Trust Fund, for each fiscal year 2001 through
2010, the amount equivalent to eleven percent of the on-budget, non-
Medicare part A surplus for that fiscal year. In the case of a fiscal
year in which there is no on-budget surplus, exclusive of Medicare Part
A surpluses, there shall be no transfers to the Trust Fund under this
section.
(c) Expenditures From Trust Fund.--Amounts in the accounts of the
Trust Fund are available to the Secretary for making payments under
section 5.
(d) Point of Order.--
(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report if--
(A) the enactment of that bill or resolution as
reported;
(B) the adoption and enactment of that amendment;
or
(C) the enactment of that bill or resolution in the
form recommended in that conference report, would
reduce the amount of the Children's Classroom Trust Fund for any
purposes other than those established in Section 5 of this legislation.
(2) Waiver.--Subsection (d)(1) of this section may be
waived or suspended in the Senate only by the affirmative vote
of three-fifths of the Members, duly chosen and sworn.
SEC. 5. DIRECT AWARDS TO LOCAL EDUCATIONAL AGENCIES.
(a) Direct Awards.--The Secretary shall make direct awards to local
educational agencies from the Children's Classroom Trust Fund in
amounts determined under subsection (b) to enable the local educational
agencies to support programs or activities, for kindergarten through
grade 12 students, that the local educational agencies deem
appropriate.
(b) Determination of Awards Amount.--
(1) Per child amount.--The Secretary, using the information
provided under subsection (c), shall determine a per child
amount for a year by dividing the total amount appropriated
under section 5 for the year, by the average daily attendance
of kindergarten through grade 12 students in all States for the
preceding year.
(2) Local educational agency award.--The Secretary, using
the information provided under subsection (c), shall determine
the amount to be provided to each local educational agency
under this section for a year by multiplying--
(A) the per child amount determined under paragraph
(1) for the year; by
(B) the average daily attendance of kindergarten
through grade 12 students that are served by the local
educational agency for the preceding year.
(c) Census Determination.--
(1) In general.--Not later than December 1 of each year,
each local educational agency shall conduct a census to
determine the average daily attendance of kindergarten through
grade 12 students served by the local educational agency.
(2) Submission.--Not later than March 1 of each year, each
local educational agency shall submit the number described in
paragraph (1) to the Secretary.
(3) Penalty.--If the Secretary determines that a local
educational agency has knowingly submitted false information
under paragraph (1) for the purpose of gaining additional funds
under this section, then the local educational agency shall be
fined an amount equal to twice the difference between the
amount the local educational agency received under this
section, and the correct amount the local educational agency
would have received under this section if the agency had
submitted accurate information under paragraph (1).
(d) Disbursal.--The Secretary shall disburse the amount awarded to
a local educational agency under this title for a fiscal year not later
than July 1 of each year.
SEC. 6. REQUIREMENTS FOR FAILING LOCAL EDUCATIONAL AGENCIES.
(a) In General.--In the case of a failing local educational agency
receiving funds under section 4 for a fiscal year, such failing local
educational agency shall use such award only for purposes directly
related to improving elementary school and secondary school students'
academic performance consistent with subsection (d).
(b) Title I Funding.--
(1) In general.--Notwithstanding any other provision of
law, funds provided to a failing local educational agency under
title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.) shall be spent in accordance with this
section.
(2) Applicability provision.--The provisions of parts A, B,
C, and D of title I of the Elementary and Secondary Education
Act of 1965 shall not apply to a failing local educational
agency other than the allocation and allotment provisions under
part A of such title.
(c) Failing Local Agency Plan.--
(1) Plan required.--Each failing local educational agency
shall submit a plan to the Secretary at such time and in such
manner as the Secretary may require. A plan submitted under
this subsection--
(A) shall describe the activities to be funded by
the failing local educational agency under subsections
(a) and (b) consistent with subsection (d); and
(B) may request an exemption from the uses of funds
restrictions under subsection (d) for elementary
schools and secondary schools served by the failing local educational
agency that met the State's performance-based accreditation or
categorization standards for the previous fiscal year.
(2) Plan approval.--The Secretary shall approve a plan
submitted under paragraph (1) if the plan meets the
requirements described in paragraph (1).
(3) Plan dissemination.--Each failing local educational
agency having a plan approved under paragraph (2) shall widely
disseminate such plan, throughout the area served by such
agency, and post the plan publicly, including on the Internet.
(d) Uses of Funds.--Each failing local educational agency having a
plan approved under subsection (c)(2) for a fiscal year may use the
award provided under section 103(a) and funds provided under title I of
the Elementary and Secondary Education Act of 1965 (2) U.S.C. 6301 et
seq.) for such fiscal year only for the following activities:
(1) To recruit, retain, and reward high-quality teachers.
(2) To focus on teaching basic educational skills.
(3) To provide remedial instruction in core academic
subjects that are assessed by standards set by the State
educational agency or local educational agency.
(4) To fund mentoring programs for elementary school and
secondary school students who need assistance in reading,
writing, or arithmetic.
(5) To use proven methods of instruction, such as phonics,
that are based upon reliable research.
(6) To provide for extended day learning.
(7) To ensure that parents of elementary school and
secondary school students realize that parents play a
significant role in their child's educational success, and to
encourage parents to become active in their child's education;
and
(8) To provide any other activity that a local educational
agency proposes, and the Secretary approves, as an activity
that relates directly to improving students' academic
performance.
(e) Annual Report.--
(1) Report.--A failing local educational agency shall
annually submit a report to the Secretary describing--
(A) the use of funds under this section; and
(B) the annual performance of all children served
by the failing local educational agency as measured by
its State's performance-based accreditation or
categorization standards.
(2) Privacy.--The report required under this section shall
not contain any information, such as names, addresses, or
grades, that might be used to identify the children whose
performance is described in the report.
(3) Dissemination.--A failing local educational agency
shall widely disseminate the report submitted under paragraph
(1) throughout the area served by such agency, and post the
report publicly, including on the Internet, so that parents and
others in the community can account for Federal education
funding under this title.
(f) Meeting Standards.--
(1) In general.--If, for 2 consecutive fiscal years after a
failing local educational agency is required to use funds in
accordance with subsection (d), such local educational agency
succeeds in meeting its State's performance-based accreditation
or categorization standards, then the provisions of this
section shall cease to apply to such local educational agency.
(2) Bonus awards.--
(A) In general.--A local educational agency
described in paragraph (1) may receive a bonus award
from amounts appropriated under subparagraph (C), to
use for purposes such as rewarding elementary school
and secondary school teachers and principals who
improved student performance, and for professional
development opportunities for such teachers and
principals.
(B) Distribution.--A local educational agency
receiving a bonus award under this paragraph shall
determine how to distribute the award to individual
elementary schools and secondary schools. An elementary
school or a secondary school receiving such an award
shall determine how such award shall be spent.
(C) Funding of bonus awards.--Of the amounts
transferred to the Trust Under section 3(b); the
Secondary shall set aside no more than 5 percent of the
total amount to be used for bonus awards.
(g) Penalty.--If a failing local educational agency spends funds
subject to the use of funds restrictions described in subsection (d) in
a manner inconsistent with subsection (d) for a fiscal year, then the
Secretary shall reduce the funds such agency receives under section
103(a) for the succeeding fiscal year by an amount equal to the amount
spent improperly by such agency.
SEC. 7. AUDIT.
(a) In General.--The Secretary may conduct audits of the
expenditures of local educational agencies under this Act to ensure
that the funds made available under this Act are used in accordance
with this Act.
(b) Sanctions and Penalties.--If the Secretary determines that the
funds made available under section 4 were not used in accordance with
this Act, the Secretary may use the enforcement provisions available to
the Secretary under part D of the General Education Provisions Act (20
U.S.C. 1234 et seq.). | Directs the Secretary of Education to make direct awards from the Trust Fund, based on average daily attendance, to enable local educational agencies ( LEAs) to support programs or activities appropriate for kindergarten through grade 12 students.
Requires failing LEAs to use such awards, as well as funds provided for disadvantaged students under title I the Elementary and Secondary Education Act of 1965, only for specified authorized uses directly related to improving elementary school and secondary school students' academic performance. Requires plans and reports by failing LEAs. Allows failing LEAs that meet State performance-based accreditation or categorization standards for two consecutive fiscal years to: (1) cease being subject to special requirements under this Act; and (2) receive bonus awards, which may be used for rewards and professional development opportunities for teachers and principals who improved student performance. | {"src": "billsum_train", "title": "Children's Classroom Trust Fund Act"} | 2,620 | 175 | 0.489881 | 1.300985 | 0.708788 | 2.828025 | 15.796178 | 0.878981 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Fraud Prevention Act''.
SEC. 2. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION
FORMS AND REGISTRATION REQUIREMENTS FOR ORGANIZATIONS.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION
APPLICATION FORMS AND REGISTRATION REQUIREMENTS FOR
ORGANIZATIONS.
``(a) Standards for Distribution of Voter Registration Application
Forms.--
``(1) Standards described.--
``(A) In general.--An individual may not distribute
a voter registration application form for elections for
Federal office held in a State if the individual--
``(i) has been convicted of a felony under
any State or Federal law;
``(ii) does not sign and print legibly
their name on the form;
``(iii) does not provide identifying
information (including their name, address, and
other appropriate contact information,
including the name and address of any
organization which pays them directly or
indirectly to distribute such forms) to the
election official to whom the form will be
submitted upon completion by the applicant; and
``(iv) does not certify, under penalty of
perjury, that--
``(I) they have not received
financial compensation based on the
number of voter registration
application forms submitted by the
individual to an election official upon
completion by the applicant; and
``(II) the information provided by
the individual under this subparagraph
is accurate to the best of the
individual's knowledge.
``(B) Exception for unpaid distributions.--
Subparagraph (A) does not apply with respect to the
distribution of a voter registration application form
by an individual who is not compensated directly or
indirectly for the distribution of the form.
``(2) Penalties.--
``(A) Distribution of forms by individuals not
meeting standards.--Any individual who distributes a
voter registration application form for elections for
Federal office in a State in violation of paragraph (1)
shall be guilty of a misdemeanor and fined in
accordance with title 18, United States Code.
``(B) Employment of ineligible individual to
distribute forms.--Any person who employs an individual
to distribute voter registration application forms for
elections for Federal office in a State and who knows,
or should reasonably be expected to know, that the
individual does not meet the standards described in
paragraph (1) shall be guilty of a misdemeanor and
fined in accordance with title 18, United States Code.
``(3) Effective date.--This subsection shall apply with
respect to voter registration application forms distributed on
or after the date that is 180 days after the date of enactment
of this section.
``(b) Registration Requirements for Organizations.--
``(1) In general.--An organization may not provide for the
distribution of voter registration application forms (including
any payment of an individual directly or indirectly to
distribute such forms) for elections for Federal office held in
a State if the organization has not registered with the State
(in accordance with procedures established by the State).
``(2) Penalties.--Any organization which provides for the
distribution of voter registration application forms for
elections for Federal office in a State in violation of
paragraph (1) shall be guilty of a misdemeanor and fined in
accordance with title 18, United States Code.
``(3) Effective date.--This subsection shall apply with
respect to voter registration application forms distributed on
or after the date that is 180 days after the date of enactment
of this section.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following:
``Sec. 303A. Standards for distribution of voter registration
application forms and registration
requirements for organizations.''. | Voter Fraud Prevention Act - Amends the Help America Vote Act of 2002 to prescribe standards for paid distribution of voter registration application forms and registration requirements for organizations.
Prohibits any individual from distributing, for compensation, a voter registration application form for federal elections in a state if the individual: (1) has been convicted of a felony under any state or federal law; (2) does not sign and print legibly the individual's name on the form; (3) does not provide identifying information to the proper election official; or (4) does not certify, under penalty of perjury, that he or she has not received financial compensation based on the number of voter registration application forms submitted by the individual to an election official upon completion by the applicant, and that the information provided by the individual is accurate to the best of the individual's knowledge.
Excepts from this prohibition the distribution of a voter registration application form by an individual who is not compensated directly or indirectly for it.
Establishes criminal penalties for: (1) individuals not meeting such standards; and (2) anyone who employs such an individual knowingly, or who should reasonably be expected to know the individual is ineligible. | {"src": "billsum_train", "title": "A bill to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the State prior to the distribution of such forms."} | 943 | 255 | 0.718703 | 2.273199 | 0.824685 | 3.818966 | 3.530172 | 0.913793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance Market Parity and
Modernization Act''.
SEC. 2. PRIVATE FLOOD INSURANCE.
(a) Mandatory Purchase Requirement.--
(1) Amount and term of coverage.--Section 102 of the Flood
Disaster Protection Act of 1973 (42 U.S.C. 4012a) is amended by
striking ``Sec. 102. (a)'' and all that follows through the end
of subsection (a) and inserting the following:
``Sec. 102. (a) Amount and Term of Coverage.--After the expiration
of sixty days following the date of enactment of this Act, no Federal
officer or agency shall approve any financial assistance for
acquisition or construction purposes for use in any area that has been
identified by the Administrator as an area having special flood hazards
and in which the sale of flood insurance has been made available under
the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.),
unless the building or mobile home and any personal property to which
such financial assistance relates is covered by flood insurance:
Provided, That the amount of flood insurance (1) in the case of Federal
flood insurance, is at least equal to the development or project cost
of the building, mobile home, or personal property (less estimated land
cost), the outstanding principal balance of the loan, or the maximum
limit of Federal flood insurance coverage made available with respect
to the particular type of property, whichever is less; or (2) in the
case of private flood insurance, is at least equal to the development
or project cost of the building, mobile home, or personal property
(less estimated land cost), the outstanding principal balance of the
loan, or the maximum limit of Federal flood insurance coverage made
available with respect to the particular type of property, whichever is
less: Provided further, That if the financial assistance provided is in
the form of a loan or an insurance or guaranty of a loan, the amount of
flood insurance required need not exceed the outstanding principal
balance of the loan and need not be required beyond the term of the
loan. The requirement of maintaining flood insurance shall apply during
the life of the property, regardless of transfer of ownership of such
property.''.
(2) Requirement for mortgage loans.--Subsection (b) of
section 102 of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4012a(b)) is amended--
(A) by striking the subsection designation and all
that follows through the end of paragraph (5) and
inserting the following:
``(b) Requirement for Mortgage Loans.--
``(1) Regulated lending institutions.--Each Federal entity
for lending regulation (after consultation and coordination
with the Financial Institutions Examination Council established
under the Federal Financial Institutions Examination Council
Act of 1974 (12 U.S.C. 3301 et seq.)) shall by regulation
direct regulated lending institutions not to make, increase,
extend, or renew any loan secured by improved real estate or a
mobile home located or to be located in an area that has been
identified by the Administrator as an area having special flood
hazards and in which flood insurance has been made available
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001
et seq.), unless the building or mobile home and any personal
property securing such loan is covered for the term of the loan
by flood insurance: Provided, That the amount of flood
insurance (A) in the case of Federal flood insurance, is at
least equal to the outstanding principal balance of the loan or
the maximum limit of Federal flood insurance coverage made
available with respect to the particular type of property,
whichever is less; or (B) in the case of private flood
insurance, is at least equal to the outstanding principal
balance of the loan or the maximum limit of Federal flood
insurance coverage made available with respect to the
particular type of property, whichever is less.
``(2) Federal agency lenders.--
``(A) In general.--A Federal agency lender may not
make, increase, extend, or renew any loan secured by
improved real estate or a mobile home located or to be
located in an area that has been identified by the
Administrator as an area having special flood hazards
and in which flood insurance has been made available
under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), unless the building or mobile
home and any personal property securing such loan is
covered for the term of the loan by flood insurance in
accordance with paragraph (1). Each Federal agency
lender may issue any regulations necessary to carry out
this paragraph. Such regulations shall be consistent
with and substantially identical to the regulations
issued under paragraph (1).
``(B) Requirement to accept flood insurance.--Each
Federal agency lender shall accept flood insurance as
satisfaction of the flood insurance coverage
requirement under subparagraph (A) if the flood
insurance coverage meets the requirements for coverage
under that subparagraph.
``(3) Government-sponsored enterprises for housing.--The
Federal National Mortgage Association and the Federal Home Loan
Mortgage Corporation shall implement procedures reasonably
designed to ensure that, for any loan that is--
``(A) secured by improved real estate or a mobile
home located in an area that has been identified, at
the time of the origination of the loan or at any time
during the term of the loan, by the Administrator as an
area having special flood hazards and in which flood
insurance is available under the National Flood
Insurance Act of 1968 (42 U.S.C. 4001 et seq.), and
``(B) purchased or guaranteed by such entity,
the building or mobile home and any personal property securing
the loan is covered for the term of the loan by flood insurance
in the amount provided in paragraph (1). The Federal National
Mortgage Association and the Federal Home Loan Mortgage
Corporation shall accept flood insurance as satisfaction of the
flood insurance coverage requirement under paragraph (1) if the
flood insurance coverage provided meets the requirements for
coverage under that paragraph and any requirements established
by the Federal National Mortgage Association or the Federal
Home Loan Corporation, respectively, relating to the financial
strength of private insurance companies from which the Federal
National Mortgage Association or the Federal Home Loan Mortgage
Corporation will accept private flood insurance, provided that
such requirements shall not affect or conflict with any State
law, regulation, or procedure concerning the regulation of the
business of insurance.
``(4) Applicability.--
``(A) Existing coverage.--Except as provided in
subparagraph (B), paragraph (1) shall apply on the date
of enactment of the Riegle Community Development and
Regulatory Improvement Act of 1994 (12 U.S.C. 4701 et
seq.).
``(B) New coverage.--Paragraphs (2) and (3) shall
apply only with respect to any loan made, increased,
extended, or renewed after the expiration of the 1-year
period beginning on the date of enactment of the Riegle
Community Development and Regulatory Improvement Act of
1994 (12 U.S.C. 4701 et seq.). Paragraph (1) shall
apply with respect to any loan made, increased,
extended, or renewed by any lender supervised by the
Farm Credit Administration only after the expiration of
the period under this subparagraph.
``(C) Continued effect of regulations.--
Notwithstanding any other provision of this subsection,
the regulations to carry out paragraph (1), as in
effect immediately before the date of enactment of the
Riegle Community Development and Regulatory Improvement
Act of 1994 (12 U.S.C. 4701 et seq.), shall continue to
apply until the regulations issued to carry out
paragraph (1) as amended by section 522(a) of such Act
take effect.
``(5) Rule of construction.--Except as otherwise specified,
any reference to flood insurance in this section shall be
considered to include Federal flood insurance and private flood
insurance. Nothing in this subsection shall be construed to
supersede or limit the authority of a Federal entity for
lending regulation, the Federal Housing Finance Agency, a
Federal agency lender, the Federal National Mortgage
Association, or the Federal Home Loan Mortgage Corporation to
establish requirements relating to the financial strength of
private insurance companies from which the entity or agency
will accept private flood insurance, provided that such
requirements shall not affect or conflict with any State law,
regulation, or procedure concerning the regulation of the
business of insurance.''; and
(B) by striking paragraph (7) and inserting the
following new paragraph:
``(7) Definitions.--In this section:
``(A) Flood insurance.--The term `flood insurance'
means--
``(i) Federal flood insurance; and
``(ii) private flood insurance.
``(B) Federal flood insurance.--the term `Federal
flood insurance' means an insurance policy made
available under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.).
``(C) Private flood insurance.--The term `private
flood insurance' means an insurance policy that--
``(i) is issued by an insurance company
that is--
``(I) licensed, admitted, or
otherwise approved to engage in the
business of insurance in the State in
which the insured building is located,
by the insurance regulator of that
State; or
``(II) eligible as a nonadmitted
insurer to provide insurance in the
home State of the insured, in
accordance with sections 521 through
527 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (15
U.S.C. 8201 through 8206);
``(ii) is issued by an insurance company
that is not otherwise disapproved as a surplus
lines insurer by the insurance regulator of the
State in which the property to be insured is
located; and
``(iii) provides flood insurance coverage
that complies with the laws and regulations of
that State.
``(D) State.--The term `State' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the Northern Mariana
Islands, the Virgin Islands, and American Samoa.''.
(b) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--Section 1308 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015) is amended by adding at the end the
following:
``(n) Effect of Private Flood Insurance Coverage on Continuous
Coverage Requirements.--For purposes of applying any statutory,
regulatory, or administrative continuous coverage requirement,
including under section 1307(g)(1), the Administrator shall consider
any period during which a property was continuously covered by private
flood insurance (as defined in section 102(b)(7) of the Flood Disaster
Protection Act of 1973 (42 U.S.C. 4012a(b)(7))) to be a period of
continuous coverage.''. | Flood Insurance Market Parity and Modernization Act This bill amends the Flood Disaster Protection Act of 1973 to revise requirements for federal and private flood insurance. This bill revises the financial requirements that apply to flood insurance for home loans or loan guarantees by the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Private flood insurance must meet any financial strength requirements set forth by Fannie Mae and Freddie Mac. Private flood insurance may include nonadmitted insurers (including surplus lines insurance) as long as the insurer is eligible to provide insurance in the home state of the insured and complies with the laws and regulations of that state. The National Flood Insurance Act of 1968 is amended to direct the Federal Emergency Management Agency (FEMA) to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage, including for the purposes of National Flood Insurance Program subsidies. | {"src": "billsum_train", "title": "Flood Insurance Market Parity and Modernization Act"} | 2,391 | 201 | 0.536421 | 1.477618 | 0.850337 | 3.316667 | 12.405556 | 0.85 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Land Asset Inventory Reform
Act of 2015''.
SEC. 2. CADASTRE OF FEDERAL LAND.
(a) In General.--The Secretary shall develop and maintain a current
and accurate multipurpose cadastre of Federal real property to support
Federal land management activities, including, but not limited to:
resource development and conservation, agricultural use, active forest
management, environmental protection, and use of real property.
(b) Cost-Sharing.--The Secretary may enter into cost-sharing
agreements with States to include any non-Federal lands in a State in
the cadastre. The Federal share of any such cost agreement shall not
exceed 50 percent of the total cost to a State for the development of
the cadastre of non-Federal lands in the State.
(c) Consolidation and Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit a report
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate on--
(1) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior, the statutory
authorization for such, and the amount expended by the Federal
Government for each such activity in fiscal year 2014;
(2) the existing real property inventories or any
components of any cadastre currently authorized by law or
conducted by the Department of the Interior that will be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act;
(3) the existing real property inventories or any
components of a cadastre currently authorized by law or
conducted by the Department of the Interior that will not be
eliminated or consolidated into the multipurpose cadastre
authorized by this Act, together with a justification for not
terminating or consolidating such in the multipurpose cadastre
authorized by this Act;
(4) the use of existing real property inventories or any
components of any cadastre currently conducted by any unit of
State or local government that can be used to identify Federal
real property within such unit of government;
(5) the cost-savings that will be achieved by eliminating
or consolidating duplicative or unneeded real property
inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior that will become part of the multipurpose cadastre
authorized by this Act, and a plan for implementation of this
Act, including a cost estimate and the feasibility of the use
of revenue from any transactional activity authorized by law
that may be used to offset any costs of implementing this Act;
(6) in consultation with the Director of the Office of
Management and Budget, the Administrator of the General
Services Administration, and the Comptroller General of the
United States, conduct the assessment required by paragraphs
(1) through (5) of this subsection with regard to all cadastres
and inventories authorized, operated or maintained by all other
Executive agencies of the Federal Government; and
(7) recommendations for any legislation necessary to
increase the cost-savings and enhance the effectiveness and
efficiency of replacing, eliminating, or consolidating real
property inventories or any components of a cadastre currently
authorized by law or conducted by the Department of the
Interior.
(d) Coordination.--
(1) In general.--In carrying out this section, the
Secretary shall--
(A) participate, pursuant to section 216 of Public
Law 107-347, in the establishment of such standards and
common protocols as are necessary to assure the
interoperability of geospatial information pertaining
to the cadastre for all users of such information;
(B) coordinate with, seek assistance and
cooperation of, and provide liaison to the Federal
Geographic Data Committee pursuant to Office of
Management and Budget Circular A-16 and Executive Order
12906 for the implementation of and compliance with
such standards as may be applicable to the cadastre;
(C) integrate, or make the cadastre interoperable
with, the Federal Real Property Profile established
pursuant to Executive Order 13327;
(D) integrate with and leverage to the maximum
extent practicable current cadastre activities of units
of State and local government; and
(E) use contracts with the private sector, to the
maximum extent practicable, to provide such products
and services as are necessary to develop the cadastre.
(2) Contracts considered surveying and mapping.--Contracts
entered into under paragraph (1)(E) shall be considered
``surveying and mapping'' services as such term is used and as
such contracts are awarded in accordance with the selection
procedures in title IX of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
As used in this Act, the following definitions apply:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Cadastre.--The term ``cadastre'' means an inventory of
real property of the Federal Government developed through
collecting, storing, retrieving, or disseminating graphical or
digital data depicting natural or man-made physical features,
phenomena, or boundaries of the earth and any information
related thereto, including surveys, maps, charts, satellite and
airborne remote sensing data, images, and services, with
services performed by professionals such as surveyors,
photogrammetrists, hydrographers, geodesists, cartographers,
and other such services of an architectural or engineering
nature including the following data layers:
(A) A reference frame consisting of a current
geodetic network.
(B) A series of current, accurate large scale maps.
(C) An existing cadastral boundary overlay
delineating all cadastral parcels.
(D) A system for indexing and identifying each
cadastral parcel.
(E) A series of land data files, each including the
parcel identifier, which can be used to retrieve
information and cross reference between and among other
existing data files, which may contain information
about the use, assets and infrastructure of each
parcel.
(3) Real property.--The term ``real property'' means real
estate consisting of land, buildings, crops, forests, or other
resources still attached to or within the land or improvements
or fixtures permanently attached to the land or a structure on
it, including any interest, benefit, right, or privilege in
such property.
SEC. 4. TRANSPARENCY AND PUBLIC ACCESS.
The Secretary shall--
(1) make the cadastre publically available on the Internet
in a graphically geo-enabled and searchable format;
(2) ensure that the inventory referred to in section 2
includes the identification of all lands and parcels suitable
for disposal by Resource Management Plans conducted for
pursuant to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1711 et seq.); and
(3) in consultation with the Secretary of Defense and the
Secretary of Homeland Security, prevent the disclosure of any
parcel or parcels of land, and buildings or facilities thereon,
or information related thereto, if such disclosure would impair
or jeopardize the national security or homeland defense of the
United States.
SEC. 5. RIGHT OF ACTION.
Nothing in this Act shall create any substantive or procedural
right or benefit.
SEC. 6. CERTAIN NEW ACTIONS NOT REQUIRED.
Nothing in this Act shall require or authorize any new surveying or
mapping of Federal land, the evaluation of any parcel of land for
potential management by non-Federal entities, the disposal of any
Federal land, or any new appraisal or assessment of the value or
cultural and archaeological resources on any parcel of Federal land. | Federal Land Asset Inventory Reform Act of 2015 This bill directs the Department of the Interior to develop and maintain a current, accurate multipurpose cadastre (inventory) of federal real property to assist with federal land management activities, including, but not limited to, resource development and conservation, agricultural use, active forest management, environmental protection, and use of real property. Interior may enter into cost-sharing agreements with states to include any non-federal lands in this cadastre. The federal share of any such agreement shall be up to 50% of the total cost to a state for the development of a cadastre of the non-federal lands. Interior shall report on: (1) existing executive agency real property inventories or any components of any cadastre; (2) consolidation of inventories and components; (3) the use of existing inventories and components of any cadastre; (4) cost savings that will be achieved; (5) a plan for implementation of this Act, including a cost estimate and the feasibility of using revenue from any authorized transactional activity to offset such costs; and (6) recommendations for legislation. | {"src": "billsum_train", "title": "Federal Land Asset Inventory Reform Act of 2015"} | 1,703 | 239 | 0.771608 | 2.413464 | 0.851284 | 5.353211 | 7.110092 | 0.958716 |
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