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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizens Access to Justice Act of
1997''.
SEC. 2. FINDINGS.
Congress finds that--
(1) property rights have been abrogated by the application
of laws, regulations, and other actions by all levels of
government that adversely affect the value and the ability to
make reasonable use of private property;
(2) certain provisions of sections 1346 and 1402 and
chapter 91 of title 28, United States Code (commonly known as
the Tucker Act), that delineate the jurisdiction of courts
hearing property rights claims, frustrate the ability of a
property owner to obtain full relief for violation founded upon
the fifth and fourteenth amendments of the United States
Constitution;
(3) current law--
(A) has no sound basis for splitting jurisdiction
between two courts in cases where constitutionally
protected property rights are at stake;
(B) adds to the complexity and cost of takings and
litigation, adversely affecting taxpayers and property
owners;
(C) forces a property owner, who seeks just
compensation from the Federal Government, to elect
between equitable relief in the district court and
monetary relief (the value of the property taken) in
the United States Court of Federal Claims;
(D) is used to urge dismissal in the district court
in complaints against the Federal Government, on the
ground that the plaintiff should seek just compensation
in the Court of Federal Claims;
(E) is used to urge dismissal in the Court of
Federal Claims in complaints against the Federal
Government, on the ground that the plaintiff should
seek equitable relief in district court; and
(F) forces a property owner to first pay to
litigate an action in a State court, before a Federal
judge can decide whether local government has denied
property rights safeguarded by the United States
Constitution;
(4) property owners cannot fully vindicate property rights
in one lawsuit and their claims may be time barred in a
subsequent action;
(5) property owners should be able to fully recover for a
taking of their private property in one court;
(6) certain provisions of section 1346 and 1402 and chapter
91 of title 28, United States Code (commonly known as the
Tucker Act) should be amended, giving both the district courts
of the United States and the Court of Federal Claims
jurisdiction to hear all claims relating to property rights in
complaints against the Federal Government;
(7) section 1500 of title 28, United States Code, which
denies the Court of Federal Claims jurisdiction to entertain a
suit which is pending in another court and made by the same
plaintiff, should be repealed;
(8) Federal and local authorities, through complex, costly,
repetitive and unconstitutional permitting, variance, and
licensing procedures, have denied property owners their fifth
and fourteenth amendment rights under the United States
Constitution to the use, enjoyment, and disposition of, and
exclusion of others from, their property, and to
safeguard those rights, there is a need to determine what constitutes a
final decision of an agency in order to allow claimants the ability to
protect their property rights in a court of law;
(9) a Federal judge should decide the merits of cases where
a property owner seeks redress solely for infringements of
rights safeguarded by the United States Constitution, and where
no claim of a violation of State law is alleged; and
(10) certain provisions of sections 1343, 1346, and 1491 of
title 28, United States Code, should be amended to clarify when
a claim for redress of constitutionally protected property
rights is sufficiently ripe so a Federal judge may decide the
merits of the allegations.
SEC. 3. PURPOSES.
The purposes of this Act are to--
(1) establish a clear, uniform, and efficient judicial
process whereby aggrieved property owners can obtain
vindication of property rights guaranteed by the fifth and
fourteenth amendments to the United States Constitution and
this Act;
(2) amend the Tucker Act, including the repeal of section
1500 of title 28, United States Code;
(3) rectify the unduly onerous and expensive requirement
that a property owner, seeking redress under section 1979 of
the Revised Statutes of the United States (42 U.S.C. 1983) for
the infringement of property rights protected by the fifth and
fourteenth amendments of the United States Constitution, is
required to first litigate Federal constitutional issues in a
State court before obtaining access to the Federal courts; and
(4) provide for uniformity in the application of the
ripeness doctrine in cases where constitutionally protected
property rights are allegedly infringed, by providing that a
final agency decision may be adjudicated by a Federal court on
the merits after--
(A) the pertinent government body denies a
meaningful application to develop the land in question;
and
(B) the property owner seeks a waiver by or brings
an appeal to an administrative agency from such denial.
SEC. 4. DEFINITIONS.
In this Act, the term--
(1) ``agency action'' means any action, inaction, or
decision taken by a Federal agency or other government agency
that at the time of such action, inaction, or decision
adversely affects private property rights;
(2) ``district court''--
(A) means a district court of the United States
with appropriate jurisdiction; and
(B) includes the United States District Court of
Guam, the United States District Court of the Virgin
Islands, or the District Court for the Northern Mariana
Islands;
(3) ``Federal agency'' means a department, agency,
independent agency, or instrumentality of the United States,
including any military department, Government corporation,
Government-controlled corporation, or other establishment in
the executive branch of the United States Government;
(4) ``owner'' means the owner or possessor of property or
rights in property at the time the taking occurs, including
when--
(A) the statute, regulation, rule, order,
guideline, policy, or action is passed or promulgated;
or
(B) the permit, license, authorization, or
governmental permission is denied or suspended;
(5) ``private property'' or ``property'' means all
interests constituting property, as defined by Federal or State
law, protected under the fifth and fourteenth amendments to the
United States Constitution; and
(6) ``taking of private property'', ``taking'', or ``take''
means any action whereby restricting the ownership,
alienability, possession, or use of private property is an
object of that action and is taken so as to require
compensation under the fifth amendment to the United States
Constitution, including by physical invasion, regulation,
exaction, condition, or other means.
SEC. 5. PRIVATE PROPERTY ACTIONS.
(a) In General.--An owner may file a civil action under this
section to challenge the validity of any Federal agency action that
adversely affects the owner's interest in private property in a
district court or the United States Court of Federal Claims.
(b) Concurrent Jurisdiction.--Notwithstanding any other provision
of law and notwithstanding the issues involved, the relief sought, or
the amount in controversy, the district court and the United States
Court of Federal Claims shall each have concurrent jurisdiction over
both claims for monetary relief and claims seeking invalidation of any
Act of Congress or any regulation of a Federal agency affecting private
property rights.
(c) Election.--The plaintiff may elect to file an action under this
section in a district court or the United States Court of Federal
Claims.
(d) Waiver of Sovereign Immunity.--This section constitutes express
waiver of the sovereign immunity of the United States with respect to
an action filed under this section.
SEC. 6. STANDING AND EXHAUSTION OF REMEDIES.
(a) In General.--Subject to subsection (b), any person adversely
affected by a Federal agency action shall have standing to challenge
and seek judicial review of that action without first exhausting
administrative remedies.
(b) Adjudication.--
(1) In general.--Any civil action filed under section 5
shall be ripe for adjudication upon a final decision rendered
by the United States, that causes actual and concrete injury to
the party seeking redress.
(2) Final decision.--
(A) In general.--For purposes of this subsection, a
final decision exists if--
(i) the United States, acting under Federal
statute or regulation, makes a definitive
decision regarding the extent of permissible
land uses on the property that has allegedly
been infringed or taken, without regard to any
uses that may be permitted elsewhere; and
(ii)(I) one meaningful application to use
the property has been submitted for a final
decision but is denied; and
(II) if the pertinent Federal statute or
regulation provides for a right of appeal to or
waiver by the pertinent Federal agency from the
final decision regarding such property, the
party seeking redress has brought 1 appeal or
sought 1 waiver from such a final decision.
(B) Appeal or waiver.--For purposes of subparagraph
(A)(ii), the party seeking redress shall not be
required to apply for such an appeal or waiver if--
(i) no such process is available;
(ii) it cannot provide the relief
requested; or
(iii) the prospects for success are
reasonably unlikely and intervention by the
district court or the United States Court of
Federal Claims under this section is warranted
to decide the merits.
SEC. 7. APPEALS.
The United States Court of Appeals for the Federal Circuit shall
have exclusive jurisdiction of any action filed under section 5,
regardless of whether the jurisdiction of such action is based in whole
or part under such section.
SEC. 8. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS AND
UNITED STATES DISTRICT COURTS.
(a) United States Court of Federal Claims.--
(1) Jurisdiction.--Section 1491(a) of title 28, United
States Code, is amended--
(A) in paragraph (1) by amending the first sentence
to read as follows: ``The United States Court of
Federal Claims shall have jurisdiction to render
judgment upon any claim against the United States for
monetary relief founded either upon the Constitution or
any Act of Congress or any regulation of an executive
department or upon any express or implied contract with
the United States, in cases not sounding in tort, or
for invalidation of any Act of Congress or any
regulation of an executive department under section 5
of the Citizens Access to Justice Act of 1997.'';
(B) in paragraph (2) by inserting before the first
sentence the following: ``In any case within its
jurisdiction, the Court of Federal Claims shall have
the power to grant injunctive and declaratory relief
when appropriate.''; and
(C) by adding at the end the following new
paragraphs:
``(3) In cases otherwise within its jurisdiction, the Court
of Federal Claims shall also have supplemental jurisdiction,
concurrent with the courts designated under section 1346(b), to
render judgment upon any related tort claim authorized under
section 2674.
``(4) In proceedings within the jurisdiction of the Court
of Federal Claims which constitute judicial review of agency
action (rather than de novo proceedings), the provisions of
section 706 of title 5 shall apply.''.
(2) Pendency of claims in other courts.--
(A) In general.--Section 1500 of title 28, United
States Code is repealed.
(B) Technical and conforming amendment.--The table
of sections for chapter 91 of title 28, United States
Code, is amended by striking out the item relating to
section 1500.
(b) District Court Jurisdiction.--Section 1346(a) of title 28,
United States Code, is amended by adding after paragraph (2) the
following:
``(3) Any civil action filed under section 5 of the
Citizens Access to Justice Act of 1997.''.
(c) District Court Civil Rights Jurisdiction; Abstention.--Section
1343 of title 28, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (e); and
(2) by inserting after subsection (a) the following new
subsections:
``(b)(1) Any claim or action brought under section 1979 of the
Revised Statutes (42 U.S.C. 1983) to redress the deprivation of a
property right or privilege secured by the Constitution shall be ripe
for adjudication by the district courts upon a final decision by any
person acting under color of any statute, ordinance, regulation,
custom, or usage of any State or territory of the United States, that
causes actual and concrete injury to the party seeking redress.
``(2)(A) For purposes of this subsection, a final decision exists
if--
``(i) any person acting under color of any statute,
ordinance, regulation, custom, or usage, of any State or
territory of the United States, makes a definitive decision
regarding the extent of permissible uses on the property that
has been allegedly infringed or taken, without regard to any
uses that may be permitted elsewhere; and
``(ii)(I) one meaningful application to use the property
has been submitted but is denied; and
``(II) if the applicable statute, ordinance, regulation,
custom, or usage provides for a right of appeal to or waiver by
an administrative agency from the final decision regarding the
property, the party seeking redress has brought 1 appeal or
sought 1 waiver from such a final decision.
``(B) For purposes of subparagraph (A)(ii), the party seeking
redress shall not be required to apply for such an appeal or waiver
if--
``(i) no such process is available;
``(ii) it cannot provide the relief requested; or
``(iii) the prospects of success are reasonably unlikely
and intervention by the United States District Court is
warranted to decide the merits.
``(C) For purposes of this subsection, a `final decision' for a
ripe claim under section 1979 of the Revised Statutes (42 U.S.C. 1983)
shall not require the party seeking redress to exhaust judicial
remedies provided by any State or Territory.
``(c) Whenever a district court exercises jurisdiction under
subsection (a), in an action where the operative facts concern the uses
of real property, it shall not abstain from exercising or relinquish
its jurisdiction to a State court in an action where no claim of a
violation of a State law, right, or privilege is alleged, and where a
parallel proceeding in State court arising out of the same operative
facts as the district court proceeding is not pending.
``(d) Where the district court has jurisdiction over an action
under subsection (a), where the operative facts concern the uses of
real property, that cannot be decided without resolution of a
significant but unsettled question of State law, the district court may
certify the question of State law to the highest appellate court of
that State. After the State appellate court resolves the question
certified to it, the district court shall proceed with resolving the
merits. The district court shall not certify a question of State law
under this subsection unless the question of State law--
``(1) will significantly affect the merits of the injured
party's Federal claim; and
``(2) is so unclear and obviously susceptible to a limiting
construction as to render premature a decision on the merits of
the constitutional or legal issue in the case.''.
SEC. 9. STATUTE OF LIMITATIONS.
The statute of limitations for any action filed under section 5
shall be 6 years from the date of the taking of private property.
SEC. 10. ATTORNEY'S FEES AND COSTS.
The court, in issuing any final order in any action filed under
section 5, shall award costs of litigation (including reasonable
attorney and expert witness fees) to any prevailing plaintiff.
SEC. 11. RULES OF CONSTRUCTION.
Nothing in this Act shall be construed to interfere with the
authority of any State to create additional property rights.
SEC. 12. EFFECTIVE DATE.
This Act shall take effect on the date of enactment of this Act and
shall apply to any agency action that occurs on or after such date. | Citizens Access to Justice Act of 1997 - Authorizes a property owner to file a civil action to challenge the validity of any Federal agency action that adversely affects the owner's interest in private property in a district court or the United States Court of Federal Claims (claims court).
(Sec. 5) Grants the district court and the claims court concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. Authorizes the plaintiff to elect to file an action under this section in a district court or the claims court. Waives sovereign immunity of the United States regarding such an action.
(Sec. 6) Grants: (1) any person adversely affected by a Federal agency action standing to challenge and seek judicial review of that action without first exhausting administrative remedies, subject to specified limitations; and (2) the United States Court of Appeals for the Federal Circuit exclusive jurisdiction of any action filed under this Act.
(Sec. 8) Modifies Federal judicial code provisions to grant the claims court jurisdiction to render judgment upon certain claims against the United States for monetary relief and for invalidation of any Act of Congress or regulation of an executive department under this Act. Grants the claims court the power to grant injunctive and declaratory relief in any case within its jurisdiction.
Repeals a provision limiting the claims court's jurisdiction with respect to the pendency of claims in other courts. Expands the district court's jurisdiction to include concurrent jurisdiction over civil actions filed under this Act.
Specifies that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision by any person acting under color of any statute, ordinance, regulation, custom, or usage of any U.S. State or territory that causes actual and concrete injury to the party seeking redress.
Sets forth provisions regarding final decisions, related State proceedings, and certification of questions of State law.
(Sec. 9) Sets a statute of limitations for actions filed under this Act of six years from the date of the taking of private property.
(Sec. 10) Directs the court, in issuing a final order in any action filed under this Act, to award litigation costs, including reasonable attorney and expert witness fees, to any prevailing plaintiff. | {"src": "billsum_train", "title": "Citizens Access to Justice Act of 1997"} | 3,583 | 529 | 0.591355 | 2.057995 | 0.697847 | 5.315451 | 7.212446 | 0.94206 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Navajo-Hopi Land Dispute Settlement
Act of 1996''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) it is in the public interest for the Tribe, Navajos
residing on the Hopi Partitioned Lands, and the United States to
reach a peaceful resolution of the longstanding disagreements
between the parties under the Act commonly known as the ``Navajo-
Hopi Land Settlement Act of 1974'' (Public Law 93-531; 25 U.S.C.
640d et seq.);
(2) it is in the best interest of the Tribe and the United
States that there be a fair and final settlement of certain issues
remaining in connection with the Navajo-Hopi Land Settlement Act of
1974, including the full and final settlement of the multiple
claims that the Tribe has against the United States;
(3) this Act, together with the Settlement Agreement executed
on December 14, 1995, and the Accommodation Agreement (as
incorporated by the Settlement Agreement), provide the authority
for the Tribe to enter agreements with eligible Navajo families in
order for those families to remain residents of the Hopi
Partitioned Lands for a period of 75 years, subject to the terms
and conditions of the Accommodation Agreement;
(4) the United States acknowledges and respects--
(A) the sincerity of the traditional beliefs of the members
of the Tribe and the Navajo families residing on the Hopi
Partitioned Lands; and
(B) the importance that the respective traditional beliefs
of the members of the Tribe and Navajo families have with
respect to the culture and way of life of those members and
families;
(5) this Act, the Settlement Agreement, and the Accommodation
Agreement provide for the mutual respect and protection of the
traditional religious beliefs and practices of the Tribe and the
Navajo families residing on the Hopi Partitioned Lands;
(6) the Tribe is encouraged to work with the Navajo families
residing on the Hopi Partitioned Lands to address their concerns
regarding the establishment of family or individual burial plots
for deceased family members who have resided on the Hopi
Partitioned Lands; and
(7) neither the Navajo Nation nor the Navajo families residing
upon Hopi Partitioned Lands were parties to or signers of the
Settlement Agreement between the United States and the Hopi Tribe.
SEC. 3. DEFINITIONS.
Except as otherwise provided in this Act, for purposes of this Act,
the following definitions shall apply:
(1) Accommodation.--The term ``Accommodation'' has the meaning
provided that term under the Settlement Agreement.
(2) Hopi partitioned lands.--The term ``Hopi Partitioned
Lands'' means lands located in the Hopi Partitioned Area, as
defined in section 168.1(g) of title 25, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(3) Navajo partitioned lands.--The term ``Navajo Partitioned
Lands'' has the meaning provided that term in the proposed
regulations issued on November 1, 1995, at 60 Fed. Reg. 55506.
(4) New lands.--The term ``New Lands'' has the meaning provided
that term in section 700.701(b) of title 25, Code of Federal
Regulations.
(5) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(6) Settlement agreement.--The term ``Settlement Agreement''
means the agreement between the United States and the Hopi Tribe
executed on December 14, 1995.
(7) Tribe.--The term ``Tribe'' means the Hopi Tribe.
(8) Newly acquired trust lands.--The term ``newly acquired
trust lands'' means lands taken into trust for the Tribe within the
State of Arizona pursuant to this Act or the Settlement Agreement.
SEC. 4. RATIFICATION OF SETTLEMENT AGREEMENT.
The United States approves, ratifies, and confirms the Settlement
Agreement.
SEC. 5. CONDITIONS FOR LANDS TAKEN INTO TRUST.
The Secretary shall take such action as may be necessary to ensure
that the following conditions are met prior to taking lands into trust
for the benefit of the Tribe pursuant to the Settlement Agreement:
(1) Selection of lands taken into trust.--
(A) Primary area.--In accordance with section 7(a) of the
Settlement Agreement, the primary area within which lands
acquired by the Tribe may be taken into trust by the Secretary
for the benefit of the Tribe under the Settlement Agreement
shall be located in northern Arizona.
(B) Requirements for lands taken into trust in the primary
area.--Lands taken into trust in the primary area referred to
in subparagraph (A) shall be--
(i) land that is used substantially for ranching,
agriculture, or another similar use; and
(ii) to the extent feasible, in contiguous parcels.
(2) Acquisition of lands.--Before taking any land into trust
for the benefit of the Tribe under this section, the Secretary
shall ensure that--
(A) at least 85 percent of the eligible Navajo heads of
household (as determined under the Settlement Agreement) have
entered into an accommodation or have chosen to relocate and
are eligible for relocation assistance (as determined under the
Settlement Agreement); and
(B) the Tribe has consulted with the State of Arizona
concerning the lands proposed to be placed in trust, including
consulting with the State concerning the impact of placing
those lands into trust on the State and political subdivisions
thereof resulting from the removal of land from the tax rolls
in a manner consistent with the provisions of part 151 of title
25, Code of Federal Regulations.
(3) Prohibition.--The Secretary may not, pursuant to the
provisions of this Act and the Settlement Agreement, place lands,
any portion of which are located within or contiguous to a 5-mile
radius of an incorporated town or city (as those terms are defined
by the Secretary) in northern Arizona, into trust for benefit of
the Tribe without specific statutory authority.
(4) Expeditious action by the secretary.--Consistent with all
other provisions of this Act, the Secretary is directed to take
lands into trust under this Act expeditiously and without undue
delay.
SEC. 6. ACQUISITION THROUGH CONDEMNATION OF CERTAIN INTERSPERSED LANDS.
(a) In General.--
(1) Action by the secretary.--
(A) In general.--The Secretary shall take action as
specified in subparagraph (B), to the extent that the Tribe, in
accordance with section 7(b) of the Settlement Agreement--
(i) acquires private lands; and
(ii) requests the Secretary to acquire through
condemnation interspersed lands that are owned by the State
of Arizona and are located within the exterior boundaries
of those private lands in order to have both the private
lands and the State lands taken into trust by the Secretary
for the benefit of the Tribe.
(B) Acquisition through condemnation.--With respect to a
request for an acquisition of lands through condemnation made
under subparagraph (A), the Secretary shall, upon the
recommendation of the Tribe, take such action as may be
necessary to acquire the lands through condemnation and, with
funds provided by the Tribe, pay the State of Arizona fair
market value for those lands in accordance with applicable
Federal law, if the conditions described in paragraph (2) are
met.
(2) Conditions for acquisition through condemnation.--The
Secretary may acquire lands through condemnation under this
subsection if--
(A) that acquisition is consistent with the purpose of
obtaining not more than 500,000 acres of land to be taken into
trust for the Tribe;
(B) the State of Arizona concurs with the United States
that the acquisition is consistent with the interests of the
State; and
(C) the Tribe pays for the land acquired through
condemnation under this subsection.
(b) Disposition of Lands.--If the Secretary acquires lands through
condemnation under subsection (a), the Secretary shall take those lands
into trust for the Tribe in accordance with this Act and the Settlement
Agreement.
(c) Private Lands.--The Secretary may not acquire private lands
through condemnation for the purpose specified in subsection (a)(2)(A).
SEC. 7. ACTION TO QUIET POSSESSION.
If the United States fails to discharge the obligations specified
in section 9(c) of the Settlement Agreement with respect to voluntary
relocation of Navajos residing on Hopi Partitioned Lands, or section
9(d) of the Settlement Agreement, relating to the implementation of
sections 700.137 through 700.139 of title 25, Code of Federal
Regulations, on the New Lands, including failure for reason of
insufficient funds made available by appropriations or otherwise, the
Tribe may bring an action to quiet possession that relates to the use
of the Hopi Partitioned Lands after February 1, 2000, by a Navajo
family that is eligible for an accommodation, but fails to enter into
an accommodation.
SEC. 8. PAYMENT TO STATE OF ARIZONA.
(a) Authorization of Appropriations.--Subject to subsection (b),
there are authorized to be appropriated to the Department of the
Interior $250,000 for fiscal year 1998, to be used by the Secretary of
the Interior for making a payment to the State of Arizona.
(b) Payment.--The Secretary shall make a payment in the amount
specified in subsection (a) to the State of Arizona after an initial
acquisition of land from the State has been made by the Secretary
pursuant to section 6.
SEC. 9. 75-YEAR LEASING AUTHORITY.
The first section of the Act of August 9, 1955 (69 Stat. 539,
chapter 615; 25 U.S.C. 415) is amended by adding at the end the
following new subsections:
``(c) Leases Involving the Hopi Tribe and the Hopi Partitioned
Lands Accommodation Agreement.--Notwithstanding subsection (a), a lease
of land by the Hopi Tribe to Navajo Indians on the Hopi Partitioned
Lands may be for a term of 75 years, and may be extended at the
conclusion of the term of the lease.
``(d) Definitions.--For purposes of this section--
``(1) the term `Hopi Partitioned Lands' means lands located in
the Hopi Partitioned Area, as defined in section 168.1(g) of title
25, Code of Federal Regulations (as in effect on the date of
enactment of this subsection); and
``(2) the term `Navajo Indians' means members of the Navajo
Tribe.''.
SEC. 10. REAUTHORIZATION OF THE NAVAJO-HOPI RELOCATION HOUSING
PROGRAM.
Section 25(a)(8) of Public Law 93-531 (25 U.S.C. 640d-24(a)(8)) is
amended by striking ``1996, and 1997'' and inserting ``1996, 1997,
1998, 1999, and 2000''.
SEC. 11. EFFECT OF THIS ACT ON CASES INVOLVING THE NAVAJO NATION AND
THE HOPI TRIBE.
Nothing in this Act or the amendments made by this Act shall be
interpreted or deemed to preclude, limit, or endorse, in any manner,
actions by the Navajo Nation that seek, in court, an offset from
judgments for payments received by the Hopi Tribe under the Settlement
Agreement.
SEC. 12. WATER RIGHTS.
(a) In General.--
(1) Water rights.--Subject to the other provisions of this
section, newly acquired trust lands shall have only the following
water rights:
(A) The right to the reasonable use of groundwater pumped
from such lands.
(B) All rights to the use of surface water on such lands
existing under State law on the date of acquisition, with the
priority date of such right under State law.
(C) The right to make any further beneficial use on such
lands which is unappropriated on the date each parcel of newly
acquired trust lands is taken into trust. The priority date for
the right shall be the date the lands are taken into trust.
(2) Rights not subject to forfeiture or abandonment.--The
Tribe's water rights for newly acquired trust lands shall not be
subject to forfeiture or abandonment arising from events occurring
after the date the lands are taken into trust.
(b) Recognition as valid uses.--
(1) Groundwater.--With respect to water rights associated with
newly acquired trust lands, the Tribe, and the United States on the
Tribe's behalf, shall recognize as valid all uses of groundwater
which may be made from wells (or their subsequent replacements) in
existence on the date each parcel of newly acquired trust land is
acquired and shall not object to such groundwater uses on the basis
of water rights associated with the newly acquired trust lands. The
Tribe, and the United States on the Tribe's behalf, may object only
to the impact of groundwater uses on newly acquired trust lands
which are initiated after the date the lands affected are taken
into trust and only on grounds allowed by the State law as it
exists when the objection is made. The Tribe, and the United States
on the Tribe's behalf, shall not object to the impact of
groundwater uses on the Tribe's right to surface water established
pursuant to subsection (a)(3) when those groundwater uses are
initiated before the Tribe initiates its beneficial use of surface
water pursuant to subsection (a)(3).
(2) Surface water.--With respect to water rights associated
with newly acquired trust lands, the Tribe, and the United States
on the Tribe's behalf, shall recognize as valid all uses of surface
water in existence on or prior to the date each parcel of newly
acquired trust land is acquired and shall not object to such
surface water uses on the basis of water rights associated with the
newly acquired trust lands, but shall have the right to enforce the
priority of its rights against all junior water rights the exercise
of which interfere with the actual use of the Tribe's senior
surface water rights.
(3) Rule of construction.--Nothing in paragraph (1) or (2)
shall preclude the Tribe, or the United States on the Tribe's
behalf, from asserting objections to water rights and uses on the
basis of the Tribe's water rights on its currently existing trust
lands.
(c) Applicability of State Law on Lands Other Than Newly Acquired
Lands.--The Tribe, and the United States on the Tribe's behalf, further
recognize that State law applies to water uses on lands, including
subsurface estates, that exist within the exterior boundaries of newly
acquired trust lands and that are owned by any party other than the
Tribe.
(d) Adjudication of Water Rights on Newly Acquired Trust Lands.--
The Tribe's water rights on newly acquired trust lands shall be
adjudicated with the rights of all other competing users in the court
now presiding over the Little Colorado River Adjudication, or if that
court no longer has jurisdiction, in the appropriate State or Federal
court. Any controversies between or among users arising under Federal
or State law involving the Tribe's water rights on newly acquired trust
lands shall be resolved in the court now presiding over the Little
Colorado River Adjudication, or, if that court no longer has
jurisdiction, in the appropriate State or Federal court. Nothing in
this subsection shall be construed to affect any court's jurisdiction:
Provided, That the Tribe shall administer all water rights established
in subsection (a).
(e) Prohibition.--Water rights for newly acquired trust lands shall
not be used, leased, sold, or transported for use off of such lands or
the Tribe's other trust lands: Provided, That the Tribe may agree with
other persons having junior water rights to subordinate the Tribe's
senior water rights. Water rights for newly acquired trust lands can
only be used on those lands or other trust lands of the Tribe located
within the same river basin tributary to the main stream of the
Colorado River.
(f) Subsurface Interests.--On any newly acquired trust lands where
the subsurface interest is owned by any party other than the Tribe, the
trust status of the surface ownership shall not impair any existing
right of the subsurface owner to develop the subsurface interest and to
have access to the surface for the purpose of such development.
(g) Statutory Construction with Respect to Water Rights of Other
Federally Recognized Indian Tribes.--Nothing in this section shall
affect the water rights of any other federally recognized Indian tribe
with a priority date earlier than the date the newly acquired trust
lands are taken into trust.
(h) Statutory Construction.--Nothing in this section shall be
construed to determine the law applicable to water use on lands owned
by the United States, other than on the newly acquired trust lands. The
granting of the right to make beneficial use of unappropriated surface
water on the newly acquired trust lands with a priority date such lands
are taken into trust shall not be construed to imply that such right is
a Federal reserved water
right. Nothing in this section or any other provision of this Act shall
be construed to establish any Federal reserved right to groundwater.
Authority for the Secretary to take land into trust for the Tribe
pursuant to the Settlement Agreement and this Act shall be construed as
having been provided solely by the provisions of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Navajo-Hopi Land Dispute Settlement Act of 1996 - Ratifies the Settlement Agreement between the United States and the Hopi Tribe executed on December 14, 1995.
Sets forth the conditions to be met prior to taking lands into trust for the Tribe pursuant to the Settlement Agreement.
Authorizes the Secretary of the Interior to acquire: (1) private lands; and (2) through condemnation, with funds provided by the Tribe, certain interspersed lands that are owned by the State of Arizona in order to have both the private and the State lands taken into trust for the Tribe. Prohibits the Secretary, pursuant to the provisions of this Act and the Settlement Agreement, from placing lands, any portion of which are located within or contiguous to a five-mile radius of an incorporated town or city in Northern Arizona, into trust for the Tribe without specific statutory authority.
Authorizes the Tribe, if the United States fails to discharge the obligation of voluntarily relocating Navajos residing on Hopi Partitioned Lands, to bring an action to quiet possession relating to use of such Lands after February 2002 by an eligible Navajo family that fails to enter into an accommodation.
Authorizes an appropriation to the Department of the Interior of $250,000 for FY 1998 to be used for making a payment to the State of Arizona. Requires the Secretary to make such a payment to the State of Arizona after an initial acquisition of land from the State has been made by the Secretary.
Amends Federal law to authorize leases by the Hopi Tribe to Navajo Indians residing on Hopi Partitioned Lands that may be for a 75-year term and extended at the conclusion of the lease term.
Amends Public Law 93-531 to reauthorize the Navajo-Hopi Relocation Housing Program through FY 2000.
Sets forth provisions concerning water rights on newly aquired trust lands. | {"src": "billsum_train", "title": "Navajo-Hopi Land Dispute Settlement Act of 1996"} | 3,985 | 434 | 0.588847 | 1.890593 | 0.713959 | 4.835227 | 9.855114 | 0.926136 |
SECTION 1. SHORT TITLE; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Occupational
Safety Fairness Act''.
(b) Reference.--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 Occupational Safety and Health Act of 1970 (29
U.S.C. 651 et seq.).
SEC. 2. WORKSITE-SPECIFIC COMPLIANCE METHODS.
Section 9 of the Act (29 U.S.C. 658) is amended by adding at the
end the following:
``(d) A citation issued under subsection (a) to an employer who
violates section 5, any standard, rule, or order promulgated pursuant
to section 6, or any regulation promulgated under this Act shall be
vacated if such employer demonstrates that the employees of such
employer were protected by alternative methods that are substantially
equivalent or more protective of the safety and health of the employees
than the methods required by such standard, rule, order, or regulation
in the factual circumstances underlying the citation.
``(e) Subsection (d) shall not be construed to eliminate or modify
other defenses that may exist to any citation.''.
SEC. 3. DISCRETIONARY COMPLIANCE ASSISTANCE.
Subsection (a) of section 9 of the Act (29 U.S.C. 658(a)) is
amended--
(1) by striking the last sentence;
(2) by striking ``If, upon'' and inserting ``(1) If,
upon''; and
(3) by adding at the end the following:
``(2) Nothing in this Act shall be construed as prohibiting the
Secretary or the authorized representative of the Secretary from
providing technical or compliance assistance to an employer in
correcting a violation discovered during an inspection or investigation
under this Act without issuing a citation, as prescribed in this
section.
``(3) The Secretary or the authorized representative of the
Secretary--
``(A) may issue a warning in lieu of a citation with
respect to a violation that has no significant relationship to
employee safety or health; and
``(B) may issue a warning in lieu of a citation in cases in
which an employer in good faith acts promptly to abate a
violation if the violation is not a willful or repeated
violation.''.
SEC. 4. EXPANDED INSPECTION METHODS.
(a) Purpose.--It is the purpose of this section to empower the
Secretary of Labor to achieve increased employer compliance by using,
at the Secretary's discretion, more efficient and effective means for
conducting inspections.
(b) General.--Section 8(f) of the Act (29 U.S.C. 657(f) is
amended--
(1) by adding at the end the following:
``(3) The Secretary or an authorized representative of the
Secretary may, as a method of investigating an alleged violation or
danger under this subsection, attempt, if feasible, to contact an
employer by telephone, facsimile, or other appropriate methods to
determine whether--
``(A) the employer has taken corrective actions with
respect to the alleged violation or danger; or
``(B) there are reasonable grounds to believe that a hazard
exists.
``(4) The Secretary is not required to conduct an inspection under
this subsection if the Secretary believes that a request for an
inspection was made for reasons other than the safety and health of the
employees of an employer or that the employees of an employer are not
at risk.''.
SEC. 5. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION.
(a) Increase in Number of Members and Requirement for Membership.--
Section 12 of the Act (29 U.S.C. 661) is amended--
(1) in the second sentence of subsection (a)--
(A) by striking ``three members'' and inserting
``five members''; and
(B) by inserting ``legal'' before ``training'';
(2) in the first sentence of subsection (b), by striking
``except that'' and all that follows through the period and
inserting the following: ``except that the President may extend
the term of a member for no more than 365 consecutive days to
allow a continuation in service at the pleasure of the
President after the expiration of the term of that member until
a successor nominated by the President has been confirmed to
serve. Any vacancy caused by the death, resignation, or removal
of a member before the expiration of a term for which a member
was appointed shall be filled only for the remainder of such
term.''; and
(3) by striking subsection (f), and inserting the
following:
``(f) For purposes of carrying out its functions under this Act,
two members of the Commission shall constitute a quorum and official
action can be taken only on the affirmative vote of at least a majority
of the members participating but in no case fewer than two.''.
(b) New Positions.--Of the two vacancies for membership on the
Occupational Safety and Health Review Commission created by subsection
(a)(1)(A), one shall be appointed by the President for a term expiring
on April 27, 2009, and the other shall be appointed by the President
for a term expiring on April 27, 2011.
(c) Effective Date for Legal Training Requirement.--The amendment
made by subsection (a)(1)(B), requiring a member of the Commission to
be qualified by reason of a background in legal training, shall apply
beginning with the two vacancies referred to in subsection (b) and all
subsequent appointments to the Commission.
SEC. 6. AWARD OF ATTORNEYS' FEES AND COSTS.
The Act (29 U.S.C. 651 et seq.) is amended by redesignating
sections 32, 33, and 34 as sections 33, 34, and 35, respectively, and
by inserting after section 31 the following new section:
``award of attorneys' fees and costs
``Sec. 32.
``(a) Administrative Proceedings.--An employer who--
``(1) is the prevailing party in any adversary adjudication
instituted under this Act, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the adversary adjudication
was initiated,
shall be awarded fees and other expenses as a prevailing party under
section 504 of title 5, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the Secretary was substantially justified or special circumstances
make an award unjust. For purposes of this section the term `adversary
adjudication' has the meaning given that term in section 504(b)(1)(C)
of title 5, United States Code.
``(b) Proceedings.--An employer who--
``(1) is the prevailing party in any proceeding for
judicial review of any action instituted under this Act, and
``(2) had not more than 100 employees and a net worth of
not more than $7,000,000 at the time the action addressed under
subsection (1) was filed,
shall be awarded fees and other expenses as a prevailing party under
section 2412(d) of title 28, United States Code, in accordance with the
provisions of that section, but without regard to whether the position
of the United States was substantially justified or special
circumstances make an award unjust. Any appeal of a determination of
fees pursuant to subsection (a) of this subsection shall be determined
without regard to whether the position of the United States was
substantially justified or special circumstances make an award unjust.
``(c) Applicability.--
``(1) Commission proceedings.--Subsection (a) shall apply
to proceedings commenced on or after the date of enactment of
this section.
``(2) Court proceedings.--Subsection (b) shall apply to
proceedings for judicial review commenced on or after the date
of enactment of this section.''.
SEC. 7. JUDICIAL DEFERENCE.
Section 11(a) of the Act (29 U.S.C. 660(a)) is amended in the sixth
sentence by inserting before the period the following: ``, and the
conclusions of the Commission with respect to questions of law that are
subject to agency deference under governing court precedent shall be
given deference if reasonable''.
SEC. 8. CONTESTING CITATIONS UNDER THE OCCUPATIONAL SAFETY AND HEALTH
ACT OF 1970.
(a) In General.--Section 10 of the Act (29 U.S.C. 659) is amended--
(1) in the second sentence of subsection (a), by inserting
after ``assessment of penalty'' the following: ``(unless such
failure results from mistake, inadvertence, surprise, or
excusable neglect)''; and
(2) in the second sentence of subsection (b), by inserting
after ``assessment of penalty'' the following: ``(unless such
failure results from mistake, inadvertence, surprise, or
excusable neglect)''.
(b) Effective Date.--The amendments made by this section shall
apply to a citation or proposed assessment of penalty issued by the
Occupational Safety and Health Administration that is issued on or
after the date of the enactment of this Act.
SEC. 9. RIGHT TO CORRECT VIOLATIVE CONDITION.
Section 9 of the Act (29 U.S.C. 658), as amended by section 2, is
amended by adding at the end the following:
``(f) The Commission may not assess a penalty under section 17(c)
for a non-serious violation that is not repeated or willful if the
employer corrects the violative condition and provides the Secretary an
abatement certification within 72 hours.''.
SEC. 10. WRITTEN STATEMENT TO EMPLOYER FOLLOWING INSPECTION.
Section 8 of the Act (29 U.S.C. 657) is amended by adding at the
end the following:
``(i) At the closing conference after the completion of an
inspection, the inspector shall--
``(1) inform the employer or a representative of the
employer of the right of such employer to request a written
statement described in paragraph (2); and
``(2) provide to the employer or a representative of the
employer, upon the request of such employer or representative,
with a written statement that clearly and concisely provides
the following information:
``(A) The results of the inspection, including each
alleged hazard, if any, and each citation that will be
issued, if any.
``(B) The right of the employer to contest a
citation, a penalty assessment, an amended citation,
and an amended penalty assessment.
``(C) An explanation of the procedure to follow in
order to contest a citation and a penalty assessment,
including when and where to contest a citation and the
required contents of the notice of intent to contest.
``(D) The Commission's responsibility to affirm,
modify, or vacate the citation and proposed penalty, if
any.
``(E) The informal review process.
``(F) The procedures before the Occupational Safety
and Health Review Commission.
``(G) The right of the employer to seek judicial
review.
``(j) No monetary penalty may be assessed with respect to any
violation not identified in the written statement requested under
subsection (i).''.
SEC. 11. TIME PERIODS FOR ISSUING CITATIONS.
Section--
(1) 9(a) of the Act (29 U.S.C. 658(a)) is amended--
(A) by striking ``upon inspection'' and inserting
``upon the initiation of inspection'';
(B) by striking ``with reasonable promptness'' and
inserting ``within thirty working days''; and
(C) by inserting after the first sentence, the
following: ``Such 30 day period may be waived by the
Secretary for good cause shown, including, but not
limited to, cases involving death, novel issues, large
or complex worksites, or pursuant to an agreement by
the parties to extend such period.''; and
(2) 10(a) of the Act (29 U.S.C. 659(a)) is amended--
(B) by striking ``within a reasonable time'' and
inserting ``within thirty days''; and
(C) by inserting after the first sentence, the
following: ``Such 30 days period may be waived by the
Secretary for good cause shown, including, but not
limited to, cases involving death, novel issues, large
or complex worksites, or pursuant to an agreement by
the parties to extend such period.''.
SEC. 12. TIME PERIODS FOR CONTESTING CITATIONS.
Section 10 of the Act (29 U.S.C. 659) is amended by striking
``fifteen'' each place it appears and inserting ``thirty''.
SEC. 13. PENALTIES.
Section 17 of the Act (29 U.S.C. 666) is amended by inserting the
following:
``(m) The Secretary shall not use `other than serious' citations as
a basis for issuing repeat or willful citations.''.
SEC. 14. UNANTICIPATED CONDUCT.
Section 9 of the Act (29 U.S.C. 658) is amended by adding at the
end the following:
``(d) No citation may be issued under this section for any
violation that is the result of actions by any person that are contrary
to established, communicated, and enforced work rules that would have
prevented the violation. This subsection shall not be construed to
eliminate or modify elements of proof currently required to support a
citation.''.
SEC. 15. ADOPTION OF NON-GOVERNMENTAL STANDARDS.
The Act (29 U.S.C. 651 et seq.) is amended by adding after section
4 the following:
``SEC. 4A. ADOPTION OF NON-GOVERNMENTAL STANDARDS.
``The Secretary shall not promulgate or enforce any finding,
guideline, standard, limit, rule, or regulation that is subject to
incorporation by reference, or modification, as the result of a
determination reached by any organization, unless the Secretary
affirmatively finds that the determination has been made by an
organization and procedure that complies with the requirements of
section 3(9). Such finding and a summary of its basis shall be
published in the Federal Register and shall be deemed a final agency
action subject to review by a United States District Court in
accordance with section 706 of title 5, United States Code.''.
SEC. 16. EMPLOYEE RESPONSIBILITY.
The Act (29 U.S.C. 651 et seq.) is amended by adding after section
9 the following:
``SEC. 9A. EMPLOYEE RESPONSIBILITY.
``(a) In General.--Notwithstanding any other provision of this Act,
an employee who, with respect to employer-provided personal protective
equipment, willfully violates any requirement of section 5 or any
standard, rule, or order promulgated pursuant to section 6, or any
regulation prescribed pursuant to this Act, may be assessed a civil
penalty, as determined by the Secretary, but not to exceed $50 for each
violation.
``(b) Citations.--If, upon inspection or investigation, the
Secretary or the authorized representative of the Secretary believes
that an employee of an employer has, with respect to employer-provided
personal protective equipment, violated any requirement of section 5 or
any standard, rule, or order promulgated pursuant to section 6, or any
regulation prescribed pursuant to this Act, the Secretary shall within
30 days issue a citation to the employee. Each citation shall be in
writing and shall describe with particularity the nature of the
violation, including a reference to the provision of this Act,
standard, rule, regulation, or order alleged to have been violated. No
citation may be issued under this section after the expiration of 6
months following the occurrence of any violation.
``(c) Notification.--
``(1) In general.--The Secretary shall notify an employee--
``(A) by certified mail of a citation under
subsection (b) and the proposed penalty; and
``(B) that such employee has 30 working days within
which to notify the Secretary that the employee wishes
to contest the citation or proposed penalty.
``(2) Final order.--If an employee does not file a
notification described in paragraph (1)(B) with the Secretary
within 30 working days, the citation and proposed penalty
shall--
``(A) be deemed a final order of the Commission;
and
``(B) not be subject to review by any court or
agency.
``(d) Contesting of Citation.--
``(1) In general.--If an employee files a notification
described in paragraph (1)(B) with the Secretary within 30
working days, the Secretary shall immediately advise the
Commission of such notification, and the Commission shall
afford the employee an opportunity for a hearing in accordance
with section 554 of title 5, United States Code.
``(2) Issuance of final order.--The Commission, after a
hearing described in paragraph (1), shall issue an order, based
on findings of fact, affirming, modifying, or vacating the
Secretary's citation or proposed penalty, or directing other
appropriate relief. Such order shall become final 30 days after
issuance of the order.''. | Occupational Safety Fairness Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to revise requirements relating to enforcing, contesting, reviewing, and adjudicating citations, failures to correct violations, and assessments of penalties.
Permits alternative compliance methods by employers.
Authorizes the Secretary of Labor or the Secretary's representative to: (1) provide technical or compliance assistance to an employer in correcting a violation; (2) issue a warning instead of a citation for violations that have no significant relationship to employee safety or health, and in cases where an employer in good faith acts promptly to abate a violation that is not willful or repeated; (3) attempt to contact an employer by telephone, facsimile, or other methods, in investigating an alleged danger or violation, to determine if corrective action has been taken or if there are reasonable grounds to believe a hazard exists; and (4) not conduct an inspection if the Secretary believes either that the request for the inspection was made for reasons other than employee health and safety or that the employees are not at risk.
Increases the Occupational Safety and Health Review Commission (OSHRC) membership from three to five, and sets forth a legal training requirement.
Awards attorney's fees and costs to a prevailing employer in an administrative adversary adjudication, or a judicial review of an action, instituted under OSHA, if at the time such adjudication was initiated or such action filed the employer had not more than: (1) 100 employees; and (2) $7,000,000 net worth.
Revises judicial review requirements to require deference to be given to reasonable OSHRC conclusions with respect to all questions of law.
Prescribes requirements relating to contesting citations, correcting conditions, written statements following inspections, time periods for issuing or contesting citations, penalties for other than serious citations, unanticipated conduct, adoption of nongovernmental standards, and employee responsibility. | {"src": "billsum_train", "title": "A bill to amend the Occupational Safety and Health Act of 1970 to further improve the safety and health of working environments, and for other purposes."} | 3,997 | 433 | 0.539805 | 1.64061 | 0.775377 | 2.696133 | 9.81768 | 0.900552 |
SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Family and Medical
Leave Clarification Act''.
(b) References.--Except as otherwise expressly provided, wherever
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
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.).
(c) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; references; table of contents.
Sec. 2. Findings.
Sec. 3. Definition of serious health condition.
Sec. 4. Intermittent leave.
Sec. 5. Request for leave.
Sec. 6. Substitution of paid leave.
Sec. 7. Regulations.
Sec. 8. Effective date.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Family and Medical Leave Act of 1993 (referred to
in this section as the ``Act'') is not working as Congress
intended when Congress passed the Act in 1993. Many employers,
including those employers that are nationally recognized as
having generous family-friendly benefit and leave programs, are
experiencing serious problems complying with the Act.
(2) The Department of Labor's overly broad regulations and
interpretations have caused many of these problems by greatly
expanding the Act's coverage to apply to many nonserious health
conditions.
(3) Documented problems generated by the Act include
significant new administrative and personnel costs, loss of
productivity and scheduling difficulties, unnecessary paperwork
and recordkeeping, and other compliance problems.
(4) The Act often conflicts with employers' paid sick leave
policies, prevents employers from managing absences through
their absence control plans, and results in most leave under
the Act becoming paid leave.
(5) The Commission on Leave, established in title III of
the Act (29 U.S.C. 2631 et seq.), which reported few
difficulties with compliance with the Act, failed to identify
many of the problems with compliance because the study on which
the report was based was conducted too soon after the date of
enactment of the Act and the most significant problems with
compliance arose only when employers later sought to comply
with the Act's final regulations and interpretations.
SEC. 3. DEFINITION OF SERIOUS HEALTH CONDITION.
Section 101(11) (29 U.S.C. 2611(11)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by aligning the margins of those clauses with the
margins of clause (i) of paragraph (4)(A);
(3) by inserting before ``The'' the following:
``(A) In general.--''; and
(4) by adding at the end the following:
``(B) Exclusions.--The term does not include a
short-term illness, injury, impairment, or condition
for which treatment and recovery are very brief.
``(C) Examples.--The term includes an illness,
injury, impairment, or physical or mental condition
such as a heart attack, a heart condition requiring
extensive therapy or a surgical procedure, a stroke, a
severe respiratory condition, a spinal injury,
appendicitis, pneumonia, emphysema, severe arthritis, a
severe nervous disorder, an injury caused by a serious
accident on or off the job, an ongoing pregnancy, a
miscarriage, a complication or illness related to
pregnancy, such as severe morning sickness, a need for
prenatal care, childbirth, and recovery from
childbirth, that involves care or treatment described
in subparagraph (A).''.
SEC. 4. INTERMITTENT LEAVE.
Section 102(b)(1) (29 U.S.C. 2612(b)(1)) is amended by striking the
period at the end of the second sentence and inserting the following:
``, as certified under section 103 by the health care provider after
each leave occurrence. An employer may require an employee to take
intermittent leave in increments of up to \1/2\ of a workday. An
employer may require an employee who travels as part of the normal day-
to-day work or duty assignment of the employee and who requests
intermittent leave or leave on a reduced schedule to take leave for the
duration of that work or assignment if the employer cannot reasonably
accommodate the employee's request.''.
SEC. 5. REQUEST FOR LEAVE.
Section 102(e) (29 U.S.C. 2612(e)) is amended by inserting after
paragraph (2) the following:
``(3) Request for leave.--If an employer does not exercise,
under subsection (d)(2), the right to require an employee to
substitute other employer-provided leave for leave under this
title, the employer may require the employee who wants leave
under this title to request the leave in a timely manner. If an
employer requires a timely request under this paragraph, an
employee who fails to make a timely request may be denied leave
under this title.
``(4) Timeliness of request for leave.--For purposes of
paragraph (3), a request for leave shall be considered to be
timely if--
``(A) in the case of foreseeable leave, the
employee--
``(i) provides the applicable advance
notice required by paragraphs (1) and (2); and
``(ii) submits any written application
required by the employer for the leave not
later than 5 working days after providing the
notice to the employer; and
``(B) in the case of unforeseeable leave, the
employee--
``(i) notifies the employer orally of the
need for the leave--
``(I) not later than the date the
leave commences; or
``(II) during such additional
period as may be necessary, if the
employee is physically or mentally
incapable of providing the
notification; and
``(ii) submits any written application
required by the employer for the leave--
``(I) not later than 5 working days
after providing the notice to the
employer; or
``(II) during such additional
period as may be necessary, if the
employee is physically or mentally
incapable of submitting the
application.''.
SEC. 6. SUBSTITUTION OF PAID LEAVE.
Section 102(d)(2) (29 U.S.C. 2612(d)(2)) is amended by adding at
the end the following:
``(C) Paid absence.--Notwithstanding subparagraphs
(A) and (B), with respect to leave provided under
subparagraph (D) of subsection (a)(1), where an
employer provides a paid absence under the employer's
collective bargaining agreement, a welfare benefit plan
under the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1001 et seq.), or under any other sick
leave, sick pay, or disability plan, program, or policy
of the employer, the employer may require the employee
to choose between the paid absence and unpaid leave
provided under this title.''.
SEC. 7. REGULATIONS.
(a) Existing Regulations.--
(1) Review.--Not later than 90 days after the date of
enactment of this Act, the Secretary of Labor shall review all
regulations issued before that date to implement the Family and
Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), including
the regulations published in sections 825.114 and 825.115 of
title 29, Code of Federal Regulations.
(2) Termination.--The regulations, and opinion letters
promulgated under the regulations, shall cease to be effective
on the effective date of final regulations issued under
subsection (b)(2)(B), except as described in subsection (c).
(b) Revised Regulations.--
(1) In general.--The Secretary of Labor shall issue revised
regulations implementing the Family and Medical Leave Act of
1993 that reflect the amendments made by this Act.
(2) New regulations.--The Secretary of Labor shall issue--
(A) proposed regulations described in paragraph (1)
not later than 90 days after the date of enactment of
this Act; and
(B) final regulations described in paragraph (1)
not later than 180 days after that date of enactment.
(3) Effective date.--The final regulations take effect 90
days after the date on which the regulations are issued.
(c) Transition.--The regulations described in subsection (a) shall
apply to actions taken by an employer prior to the effective date of
final regulations issued under subsection (b)(2)(B), with respect to
leave under the Family and Medical Leave Act of 1993.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act. | Family and Medical Leave Clarification Act - Amends the Family and Medical Leave Act of 1993 (FMLA) to revise the definition of serious health condition to: (1) exclude from FMLA coverage a short-term illness, injury, impairment, or condition for which treatment and recovery are very brief; and (2) include a list of examples of types of illnesses, injuries, impairments, and physical or mental conditions to be covered under FMLA.
Allows employers to require that intermittent leave be taken in minimum blocks of four hours.
Requires employees to: (1) request leave be designated as FMLA leave; (2) provide written application within five working days of providing notice to the employer for foreseeable leave; and (3) with respect to unforeseeable leave, to provide, at a minimum, oral notification of the need for the leave not later than the date the leave commences, unless the employee is physically or mentally incapable of providing notice or submitting the application.
Permits employers to require employees to choose between taking unpaid leave provided by the FMLA or paid absence under an employer's collective bargaining agreement or other sick leave, sick pay, or disability plan, program, or policy of the employer.
Directs the Secretary of Labor to review all existing regulations for implementing FMLA, and to issue new regulations revised to reflect the amendments made by this Act. | {"src": "billsum_train", "title": "Family and Medical Leave Clarification Act"} | 1,973 | 285 | 0.521671 | 1.626213 | 0.646032 | 3.34717 | 6.830189 | 0.871698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Protection of
Disclosures Act''.
SEC. 2. CLARIFICATION OF DISCLOSURES COVERED.
Section 2302(b)(8) of title 5, United States Code, is amended--
(1) in subparagraph (A)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, that the
employee or applicant reasonably believes is evidence
of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation''; and
(2) in subparagraph (B)--
(A) by striking ``which the employee or applicant
reasonably believes evidences'' and inserting ``,
without restriction as to time, place, form, motive,
context, or prior disclosure made to any person by an
employee or applicant, including a disclosure made in
the ordinary course of an employee's duties, of
information that the employee or applicant reasonably
believes is evidence of''; and
(B) in clause (i), by striking ``a violation'' and
inserting ``any violation (other than a violation of
this section)''.
SEC. 3. COVERED DISCLOSURES.
Section 2302(a)(2) of title 5, United States Code, is amended--
(1) in subparagraph (B)(ii), by striking ``and'' at the
end;
(2) in subparagraph (C)(iii), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(D) `disclosure' means a formal or informal
communication, but does not include a communication concerning
policy decisions that lawfully exercise discretionary authority
unless the employee providing the disclosure reasonably
believes that the disclosure evidences--
``(i) any violation of any law, rule, or
regulation; or
``(ii) gross mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and specific
danger to public health or safety.''.
SEC. 4. REBUTTABLE PRESUMPTION.
Section 2302(b) of title 5, United States Code, is amended by
adding at the end the following: ``For purposes of paragraph (8), any
presumption relating to the performance of a duty by an employee who
has authority to take, direct others to take, recommend, or approve any
personnel action may be rebutted by substantial evidence. For purposes
of paragraph (8), a determination as to whether an employee or
applicant reasonably believes that such employee or applicant has
disclosed information that evidences any violation of law, rule,
regulation, gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health or
safety shall be made by determining whether a disinterested observer
with knowledge of the essential facts known to or readily ascertainable
by the employee or applicant would reasonably conclude that the actions
of the Government evidence such violations, mismanagement, waste,
abuse, or danger.''.
SEC. 5. NONDISCLOSURE POLICIES, FORMS, AND AGREEMENTS.
(a) Personnel Action.--Section 2302(a)(2)(A) of title 5, United
States Code, is amended--
(1) in clause (x), by striking ``and'' at the end;
(2) by redesignating clause (xi) as clause (xii); and
(3) by inserting after clause (x) the following:
``(xi) the implementation or enforcement of any
nondisclosure policy, form, or agreement; and''.
(b) Prohibited Personnel Practice.--Section 2302(b) of title 5,
United States Code, is amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period and inserting
a semicolon; and
(3) by inserting after paragraph (12) the following:
``(13) implement or enforce any nondisclosure policy, form,
or agreement, if such policy, form, or agreement does not
contain the following statement:
```These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211 of title
5, United States Code (governing disclosures to Congress); section 1034
of title 10, United States Code (governing disclosures to Congress by
members of the military); section 2302(b)(8) of title 5, United States
Code (governing disclosures of illegality, waste, fraud, abuse, or
public health or safety threats); the Intelligence Identities
Protection Act of 1982 (50 U.S.C. 421 and following) (governing
disclosures that could expose confidential Government agents); and the
statutes which protect against disclosures that could compromise
national security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the Subversive
Activities Control Act of 1950 (50 U.S.C. 783(b)). The definitions,
requirements, obligations, rights, sanctions, and liabilities created
by such Executive order and such statutory provisions are incorporated
into this agreement and are controlling.'; or
``(14) conduct, or cause to be conducted, an investigation,
other than any ministerial or nondiscretionary factfinding
activities necessary for the agency to perform its mission, of
an employee or applicant for employment because of any activity
protected under this section.''.
SEC. 6. EXCLUSION OF AGENCIES BY THE PRESIDENT.
Section 2302(a)(2)(C) of title 5, United States Code, is amended by
striking clause (ii) and inserting the following:
``(ii)(I) the Federal Bureau of Investigation, the
Central Intelligence Agency, the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency,
the National Security Agency; and
``(II) as determined by the President, any
executive agency or unit thereof the principal function
of which is the conduct of foreign intelligence or
counterintelligence activities, if the determination
(as that determination relates to a personnel action)
is made before that personnel action; or''.
SEC. 7. DISCIPLINARY ACTION.
Section 1215(a)(3) of title 5, United States Code, is amended to
read as follows:
``(3)(A) A final order of the Board may impose--
``(i) disciplinary action consisting of removal, reduction
in grade, debarment from Federal employment for a period not to
exceed 5 years, suspension, or reprimand;
``(ii) an assessment of a civil penalty not to exceed
$1,000; or
``(iii) any combination of disciplinary actions described
under clause (i) and an assessment described under clause (ii).
``(B) In any case in which the Board finds that an employee has
committed a prohibited personnel practice under paragraph (8) or (9) of
section 2302(b), the Board shall impose disciplinary action if the
Board finds that the activity protected under such paragraph (8) or (9)
(as the case may be) was the primary motivating factor, unless that
employee demonstrates, by a preponderance of the evidence, that the
employee would have taken, failed to take, or threatened to take or
fail to take the same personnel action, in the absence of such
protected activity.''.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON REVOCATION OF
SECURITY CLEARANCES.
(a) Requirement.--The Comptroller General shall conduct a study of
security clearance revocations, taking effect after 1996, with respect
to personnel that filed claims under chapter 12 of title 5, United
States Code, in connection therewith. The study shall consist of an
examination of the number of such clearances revoked, the number
restored, and the relationship, if any, between the resolution of
claims filed under such chapter and the restoration of such clearances.
(b) Report.--Not later than June 30, 2006, the Comptroller General
shall submit to the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the results of the study required by
subsection (a).
SEC. 9. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of enactment of
this Act. | Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to clarify which disclosures of information are protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements to the effect that such policies, forms, and agreements are consistent with certain disclosure protections; and for other purposes."} | 1,951 | 107 | 0.499738 | 1.324485 | 0.979314 | 3.885057 | 20.275862 | 0.942529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employee Accountability Act
of 2016'' or ``FEAA''.
SEC. 2. REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR
PERFORMANCE OF EMPLOYEES IN THE CIVIL SERVICE.
(a) In General.--Chapter 75 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER VI--REDUCTION IN GRADE OR PAY OR REMOVAL FOR MISCONDUCT OR
PERFORMANCE
``Sec. 7551. Definitions
``For purposes of this subchapter--
``(1) `employee' means an individual occupying a position
within the civil service, but does not include any individual--
``(A) employed in a position described under
sections 5312 through 5316 (relating to the Executive
Schedule);
``(B) employed as a limited term appointee, limited
emergency appointee, or noncareer appointee in the
Senior Executive Service, as defined under paragraphs
(5), (6), and (7), respectively, of section 3132(a); or
``(C) employed in a position of a confidential or
policy-determining character under schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations;
``(2) `grade' means a level of classification under a
position classification system;
``(3) `misconduct' includes neglect of duty, malfeasance,
or failure to accept a directed reassignment or to accompany a
position in a transfer of function; and
``(4) `pay' means the rate of basic pay fixed by law or
administrative action for the position held by an employee.
``Sec. 7552. Actions covered
``This subchapter applies to a reduction in grade or pay or
removal, but does not apply to--
``(1) a reduction in grade or pay or removal under section
7512;
``(2) a reduction in grade or pay or removal under section
7521;
``(3) a removal under section 7532;
``(4) a removal under section 3592, 3595, or 7543; or
``(5) a removal from the Senior Executive Service under
section 713 of title 38.
``Sec. 7553. Cause and procedure
``(a) Notwithstanding any other provision of law, under regulations
prescribed by the Office of Personnel Management, the head of an agency
may--
``(1) remove an employee of the agency from the civil
service;
``(2) reduce the grade of an employee of the agency; or
``(3) reduce the pay of an employee of the agency.
``(b) An employee subject to a reduction in grade under subsection
(a)(2) shall, beginning on the date that the reduction takes effect,
receive the annual rate of pay applicable to such grade.
``(c)(1) Subject to paragraph (2) and subsection (d), any reduction
in grade or pay or removal under this subchapter may be appealed to the
Merit Systems Protection Board under section 7701.
``(2) An appeal under paragraph (1) may only be made if such appeal
is made not later than seven days after the date of such reduction in
grade or pay or removal.
``(d)(1) Upon receipt of an appeal under subsection (c), the Merit
Systems Protection Board shall refer the appeal to an administrative
judge pursuant to section 7701(b)(1). The administrative judge shall
expedite any such appeal under such section and, in any such case,
shall issue a decision not later than 45 days after the date that the
Board receives the appeal.
``(2) To the maximum extent practicable, the agency shall provide
to the Merit Systems Protection Board, and to any administrative judge
to whom an appeal under this section is referred, such information and
assistance as may be necessary to ensure an appeal under this
subsection is expedited.
``(3) Notwithstanding any other provision of law, including section
7703, the decision of an administrative judge under paragraph (1) shall
be final and shall not be subject to any further appeal.
``(4) In any case in which the administrative judge cannot issue a
decision in accordance with the 45-day requirement under paragraph (3),
the reduction in grade or pay or removal is final. In such a case, the
Merit Systems Protection Board shall, within 14 days after the date
that such reduction in grade or pay or removal is final, submit to
Congress a report that explains the reasons why a decision was not
issued in accordance with such requirement.
``(5) The Merit Systems Protection Board or administrative judge
may not stay any reduction in grade or pay or removal action under this
section.
``(6) During the period beginning on the date on which an employee
appeals a removal from the civil service under this subsection and
ending on the date that the administrative judge issues a final
decision on such appeal, such employee may not receive any pay, awards,
bonuses, incentives, allowances, differentials, student loan
repayments, special payments, or benefits.
``(e) In the case of an employee seeking corrective action (or on
behalf of whom corrective action is sought) from the Office of Special
Counsel based on an alleged prohibited personnel practice described in
section 2302(b), the head of the agency may not reduce the grade or pay
or remove such employee under this subchapter without the approval of
the Special Counsel under section 1214(f).''.
(b) Application.--The authority provided by subsection (a) shall
apply to any employee hired before, on, or after the date of enactment
of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 75 of title 5, United States Code, is amended by adding after
the item relating to section 7543 the following:
``subchapter vi--reduction in grade or pay or removal for misconduct or
performance
``7551. Definitions.
``7552. Actions covered.
``7552. Cause and procedure.''.
(d) Conforming Amendments.--Title 5, United States Code, is
amended--
(1) in section 4303(f)--
(A) by striking ``or'' at the end of paragraph (2);
(B) by striking the period at the end of paragraph
(3) and inserting ``, or''; and
(C) by adding at the end the following:
``(4) the reduction in grade or removal of an employee
under subchapter VI of chapter 75.'';
(2) in section 7512--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``, or''; and
(C) by adding at the end the following:
``(F) a reduction in grade or pay or removal under
subchapter VI of this chapter.'';
(3) in section 7521(b), in the matter following paragraph
(5)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``, or''; and
(C) by adding at the end the following:
``(D) a reduction in grade or pay or removal under
subchapter VI of this chapter.''; and
(4) in section 7542, by striking ``or to a removal under
section 3592 or 3595 of this title'' and inserting ``to a
removal under section 3592 or 3595 of this title, to an action
under section 713 of title 38, or to a reduction in grade or
pay or removal under subchapter VI of this chapter''. | Federal Employee Accountability Act of 2016 or FEAA This bill allows federal agencies, under Office of Personnel Management regulations, to remove certain employees from civil service or to reduce their grade or pay. An employee may appeal within 7 days to the Merit Systems Protection Board (MSPB), which must refer the case to an administrative judge to expedite a final decision within 45 days after the MSPB receives the appeal. If the administrative judge cannot reach a decision within 45 days, the removal or reduction becomes final. But the MSPB must explain to Congress why a decision was not issued. | {"src": "billsum_train", "title": "FEAA"} | 1,747 | 124 | 0.449798 | 1.263114 | 0.592212 | 2.267857 | 14.732143 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Convicted Child Sex Offender DNA
Index System Support Act''.
SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACKLOG.
(a) Development of Plan.--
(1) In general.--Not later than 45 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation, after consultation with representatives of
the States and of appropriate Federal agencies, shall develop a
plan to assist States in performing DNA analyses of DNA samples
collected from convicted child sex offenders.
(2) Objective.--The objective of the plan developed under
paragraph (1) shall be to effectively eliminate the backlog of
convicted child sex offender DNA samples awaiting analysis in
State or local forensic laboratory storage, including samples
that need to be reanalyzed using upgraded methods, in an
efficient, expeditious manner that will provide for the entry
of those analyses into the combined DNA Indexing System
(CODIS).
(3) Preference in funding.--In providing assistance to
States under the plan, the Director shall give a preference in
assistance to those States that have developed a comprehensive
program for the DNA analysis of crime scene evidence in
casework for which there are no suspects.
(b) Plan Conditions.--The plan developed under subsection (a) shall
require the following:
(1) That the Director of the Federal Bureau of
Investigation--
(A) establish requirements for the performance of
DNA analyses by private forensic laboratories,
including quality assurance standards, state-of-the-art
testing methods, and other requirements that the
Director considers appropriate; and
(B) determine which private forensic laboratories
satisfy the requirements established pursuant to
subparagraph (A).
(2) That a laboratory may perform DNA analyses under the
plan only if it is a private forensic laboratory determined
under paragraph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).
(3) That the Director of the Federal Bureau of
Investigation provide assistance under the plan only pursuant
to arrangements with private forensic laboratories that have
been determined under paragraph (1)(B) to satisfy the
requirements established pursuant to paragraph (1)(A).
(4) That under each such arrangement--
(A) the Director shall determine, for each State to
which assistance is provided under the plan, the
quantity of convicted child sex offender DNA samples
awaiting analysis in that State on which the laboratory
shall perform DNA analysis;
(B) the laboratory shall perform those DNA
analyses; and
(C) the Director shall, on behalf of that State,
provide funding to the laboratory to cover the costs of
those DNA analyses.
(5) That each DNA sample collected and analyzed under the
plan be accessible only--
(A) to criminal justice agencies for law
enforcement identification purposes;
(B) in judicial proceedings, if otherwise
admissible pursuant to applicable statutes or rules;
(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which such defendant is
charged; or
(D) for validation studies and protocol development
purposes, if personally identifiable information is
removed.
(6) That for any State in any fiscal year, upon the
performance of all DNA analyses required to be performed by
paragraph (4)(B) in that fiscal year, any funds provided to
that State under this section for that fiscal year but not yet
expended may be used by the State for the performance of DNA
analyses of other forensic DNA samples awaiting analysis in
that State.
(c) Implementation of Plan.--Subject to the availability of
appropriations under subsection (d), the Director of the Federal Bureau
of Investigation shall implement the plan developed pursuant to
subsection (a) with States that elect to participate.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Director of the Federal Bureau of Investigation to
carry out this section $25,000,000 for each of fiscal years 2003, 2004,
and 2005. | Convicted Child Sex Offender DNA Index System Support Act - Requires the Director of the Federal Bureau of Investigation to develop a plan to assist States in performing DNA analyses of samples collected from convicted child sex offenders, with the objective of eliminating the backlog of samples awaiting analysis in State or local forensic laboratory storage and providing for entry of those analyses into the combined DNA Indexing System.Provides that the plan shall require that: (1) the Director establish requirements for the performance of DNA analyses by private forensic laboratories; (2) only laboratories determined to satisfy such requirements perform DNA analyses; (3) the Director provide assistance only pursuant to arrangements with those laboratories; (4) each DNA sample collected and analyzed be accessible only under specified circumstances for criminal justice agencies, in judicial proceedings, for a criminal defendant, or for validation studies and protocol development purposes; and (5) once a State has performed DNA analysis of all convicted child sex offender samples, it may use unexpended funds provided under this Act to perform DNA analysis of other forensic samples.Requires the Director to implement the plan developed with States that elect to participate. | {"src": "billsum_train", "title": "To eliminate the backlog in performing DNA analyses of DNA samples collected from convicted child sex offenders, and for other purposes."} | 851 | 245 | 0.784938 | 2.343747 | 0.919138 | 3.796296 | 3.833333 | 0.953704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ultrasound Informed Consent Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXXIV--INFORMED CONSENT
``SEC. 3401. DEFINITIONS.
``In this title:
``(1) Abortion.--The term `abortion' means the intentional
use or prescription of any instrument, medicine, drug,
substance, device, or method to terminate the life of an unborn
child, or to terminate the pregnancy of a woman known to be
pregnant, with an intention other than--
``(A) to produce a live birth and preserve the life
and health of the child after live birth; or
``(B) to remove an ectopic pregnancy, or to remove
a dead unborn child who died as the result of a
spontaneous abortion, accidental trauma, or a criminal
assault on the pregnant female or her unborn child.
``(2) Abortion provider.--The term `abortion provider'
means any person legally qualified to perform an abortion under
applicable Federal and State laws.
``(3) Unborn child.--The term `unborn child' means a member
of the species homo sapiens, at any stage of development prior
to birth.
``(4) Unemancipated minor.--The term `unemancipated minor'
means a minor who is subject to the control, authority, and
supervision of his or her parent or guardian, as determined
under State law.
``(5) Woman.--The term `woman' means a female human being
whether or not she has reached the age of majority.''.
SEC. 3. REQUIREMENT OF INFORMED CONSENT.
``(a) Requirement of Compliance by Providers.--Any abortion
provider in or affecting interstate or foreign commerce, who knowingly
performs any abortion, shall comply with the requirements of this
title.
``(b) Performance and Review of Ultrasound.--Prior to a woman
giving informed consent to having any part of an abortion performed,
the abortion provider who is to perform the abortion, or an agent under
the supervision of the provider, shall--
``(1) perform an obstetric ultrasound on the pregnant
woman;
``(2) provide a simultaneous explanation of what the
ultrasound is depicting;
``(3) display the ultrasound images so that the pregnant
woman may view them; and
``(4) provide a complete medical description of the
ultrasound images, which shall include all of the following:
the dimensions of the embryo or fetus, cardiac activity if
present and visible, and the presence of external members and
internal organs if present and viewable.
``(c) Ability To Turn Eyes Away.--Nothing in this section shall be
construed to prevent a pregnant woman from turning her eyes away from
the ultrasound images required to be displayed and described to her.
Neither the abortion provider nor the pregnant woman shall be subject
to any penalty under this title if the pregnant woman declines to look
at the displayed ultrasound images.''.
SEC. 4. EXCEPTION FOR MEDICAL EMERGENCIES.
``(a) Exception.--The provisions of section 3402 shall not apply to
an abortion provider if the abortion is necessary to save the life of a
mother whose life is endangered by a physical disorder, physical
illness, or physical injury, including a life-endangering physical
condition caused by or arising from the pregnancy itself.
``(b) Certification.--Upon a determination by an abortion provider
under subsection (a) that an abortion is necessary to save the life of
a mother, such provider shall include in the medical file of the
pregnant woman a truthful and accurate certification of the specific
medical circumstances that support such determination.''.
SEC. 5. PENALTIES FOR FAILURE TO COMPLY.
``(a) Civil Penalties.--
``(1) In general.--The Attorney General may commence a
civil action in Federal court under this section against any
abortion provider who knowingly commits an act constituting a
violation of this title for a penalty in an amount not to
exceed--
``(A) $100,000 for each such violation that is
adjudicated in the first proceeding against such
provider under this title; and
``(B) $250,000 for each violation of this title
that is adjudicated in a subsequent proceeding against
such provider under this title.
``(2) Notification.--Upon the assessment of a civil penalty
under paragraph (1), the Attorney General shall notify the
appropriate State medical licensing authority.
``(b) Private Right of Action.--A woman upon whom an abortion has
been performed in violation of this title may commence a civil action
against the abortion provider for any violation of this title for
actual and punitive damages. For purposes of the preceding sentence,
actual damages are objectively verifiable money damages for all
injuries.''.
SEC. 6. PREEMPTION.
Nothing in this Act or the amendments made by this Act shall be
construed to preempt any provision of State law to the extent that such
State law establishes, implements, or continues in effect disclosure
requirements regarding abortion or penalties for failure to comply with
such requirements that are more extensive than those provided under the
amendment made by this Act.
SEC. 7. SEVERABILITY.
If any provision of this Act, or any application thereof, is found
to be unconstitutional, the remainder of this Act and any application
thereof shall not be affected by such finding. | Ultrasound Informed Consent Act This bill amends the Public Health Service Act to require abortion providers, before a woman gives informed consent to any part of an abortion: (1) perform an obstetric ultrasound on the pregnant woman; (2) provide a simultaneous explanation of what the ultrasound is depicting; (3) display the ultrasound images so the woman may view them; and (4) provide a complete medical description of the images, including the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. The bill establishes civil penalties for violations. It prohibits construing this bill to require a woman to view the images or penalizing the provider or the woman if the woman declines to look at the images. | {"src": "billsum_train", "title": "Ultrasound Informed Consent Act"} | 1,273 | 178 | 0.501843 | 1.34905 | 0.740877 | 5.4 | 7.58 | 0.893333 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
This Act may be cited as the ``Wildland Firefighters Health
Protection Act''.
SEC. 2. DEFINITIONS.
For the purposes of this Act--
(1) the term ``wildland firefighter'' means an employee of
a Federal land management agency, the duties of whose position
are primarily to perform work directly related to the
prevention, control, suppression, and management of wildfires,
including--
(A) an employee of a Federal land management agency
who is assigned to support wildland fire suppression
activities; and
(B) an employee who is transferred to a supervisory
or administrative position from a position of wildland
firefighter (as defined by the preceding provisions of
this paragraph);
(2) the term ``Federal land management agency'' means--
(A) within the Department of the Interior, the
Bureau of Land Management, the Bureau of Indian
Affairs, the National Park Service, and the Fish and
Wildlife Service; and
(B) within the Department of Agriculture, the
Forest Service; and
(3) the term ``employee'' has the meaning given such term
by section 2105 of title 5, United States Code.
SEC. 3. CLASSIFICATION OF WILDLAND FIREFIGHTERS.
(a) Requirements.--
(1) In general.--Within 30 days after the date of the
enactment of this Act, the Office of Personnel Management, in
cooperation with the Federal land management agencies, shall
commence development of a separate and distinct wildland
firefighter occupational series that will more accurately
reflect the variety of duties performed by wildland
firefighters.
(2) Designation.--The official title assigned to any
occupational series established pursuant to paragraph (1) shall
include the designation of ``Wildland Firefighter''.
(3) Positions described.--Paragraph (1) applies with
respect to any class or other category of positions that
consists primarily or exclusively of forestry technician
positions, range technician positions, or any other positions
the duties and responsibilities of which include--
(A) significant wildfire preparedness and
suppression activities; or
(B) activities necessary to meet any other
emergency incident to which assigned.
(4) Consultation.--Congress encourages the Office of
Personnel Management to consult with recognized employee
organizations, employee associations, and any other groups that
represent Federal wildland firefighters in carrying out this
subsection.
(b) Hazardous Duty Differential Not Affected.--Section 5545(d)(1)
of title 5, United States Code, is amended by striking all after
``except'' and inserting an em dash and the following:
``(A) an employee in an occupational series
covering positions for which the primary duties are
wildland firefighting, as determined by the Office; and
``(B) in such other circumstances as the Office may
by regulation prescribe; and''.
(c) Employees Currently in 401 Series.--Any individual who, as of
the date of the enactment of this Act, holds a position of wildland
firefighter shall have the option of either remaining in the 401 series
(as in effect on such date under chapter 51 of title 5, United States
Code) or being included in the new wildland firefighter series, as
established pursuant to subsection (a).
SEC. 4. PAY AND BENEFITS.
(a) In General.--In the case of a wildland firefighter, for full-
time, part-time, and intermittent tours of duty, hours of work
officially ordered or approved in excess of 40 hours per week or 8
hours per day shall be considered overtime work, inclusive of all time
the firefighter is away from their official duty station assigned to an
emergency incident, in support of an emergency incident, or pre-
positioned for emergency response, and shall be compensable as work
time in accordance with section 5542(a) of title 5, United States Code,
as amended by subsection (b)(1).
(b) Requirements.--
(1) Amendment to title 5.--Section 5542(a) of title 5,
United States Code, is amended by adding at the end (as a flush
left sentence) the following:
``Notwithstanding paragraphs (1) and (2), for a wildland firefighter
assigned to an emergency incident, assigned in support of an emergency
incident, or pre-positioned for emergency response, the overtime hourly
rate of pay is an amount equal to one and one-half times the hourly
rate of the basic pay of the employee, and that entire amount is
premium pay.''.
(2) Fair labor standards act of 1938.--For the purpose of
applying the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C. 201, et seq.) with respect to wildland firefighters,
no violation referred to in such provisions shall be considered
to have occurred if the requirements described in paragraph (1)
are met.
(c) Portal-to-Portal Compensation Pilot Program.--
(1) Funding.--There is authorized to be appropriated
$25,000,000 to initiate a portal-to-portal pilot program under
this subsection, commencing with the 2013 wildfire season. Any
sums required in addition to amounts appropriated pursuant to
the preceding sentence may be secured from the existing
wildfire suppression budget for the fiscal year in which the
season occurs.
(2) Duration.--The pilot program shall be carried out by
the Department of the Interior and the Department of
Agriculture for a period not to exceed 3 calendar years
beginning as of the start of the 2013 wildfire season.
(3) Report.--No later than 90 days after the completion of
the pilot program, the Secretary of the Interior and the
Secretary of Agriculture shall submit to Congress a joint
report on the effectiveness of the pilot program. Such report
shall address the effect of the program with respect to--
(A) recruitment and retention of wildland
firefighters; and
(B) any cost savings.
(4) Additional requirements.--To ensure adequate funding
and to realize maximum wildfire suppression savings, the
Secretary of the Interior and the Secretary of Agriculture
shall take appropriate measures to ensure that total funding
for non-Federal fire suppression personnel and other resources,
by their respective Departments--
(A) for the first year of the pilot program, do not
exceed 90 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons;
(B) for the second year of the pilot program, do
not exceed 75 percent of their combined non-Federal
fire suppression costs for the 2011 and 2012 wildfire
seasons; and
(C) for the third year of the pilot program, do not
exceed 65 percent of their combined non-Federal fire
suppression costs for the 2011 and 2012 wildfire
seasons.
(d) Hazardous Duty Differential To Be Treated as Part of a Wildland
Firefighter's Base Pay for Retirement Purposes.--
(1) In general.--Section 8331(3) of title 5, United States
Code is amended--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in subparagraph (H), by inserting ``and'' at
the end; and
(C) by adding after subparagraph (H) the following:
``(I) with respect to a wildland firefighter (as
defined by section 2 of the Wildland Firefighters
Health Protection Act), any pay differential received
under section 5545(d);''.
(2) Conforming amendment.--Such section 8331(3) is further
amended, in the matter following subparagraph (I) (as added by
paragraph (1)(C)), by striking ``subparagraphs (B) through (H)
of this paragraph'' and inserting ``subparagraphs (B) through
(I),''.
(e) Hazardous Duty Differential.--
(1) In general.--In the administration of section 5545(d)
of title 5, United States Code, the Office of Personnel
Management shall take such measures as may be necessary to
ensure that, under the schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard, a pay differential of 25 percent shall be payable to an
individual while serving as a member of a wildland firefighting
crew.
(2) Definition.--For purposes of this subsection, the term
``wildland firefighting crew'' includes ground (hand crew,
hotshot, engine, and other fire apparatus personnel) and
airborne (smoke jumper or helitack) firefighting personnel on
the fire line of any wildfire or prescribed fuel treatment burn
or fire, as further defined in regulations of the Office of
Personnel Management.
(f) Benefits for Seasonal Wildland Firefighters.--
(1) Provisions relating to life insurance.--Section 8716(b)
of title 5, United States Code, is amended--
(A) in paragraph (2), by striking ``or'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; or''; and
(C) by adding after paragraph (3) the following:
``(4) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(2) Provisions relating to health benefits.--Section
8913(b) of title 5, United States Code, is amended--
(A) in paragraph (3), by striking ``or'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting ``; or''; and
(C) by adding after paragraph (4) the following:
``(5) a wildland firefighter within the meaning of section
2 of the Wildland Firefighters Health Protection Act.''.
(g) Buy Back of Civilian Time After 1989.--
(1) In general.--Any individual who is subject to the
Federal Employees' Retirement System as a firefighter (within
the meaning of section 8401 of title 5, United States Code) on
the date of the enactment of this Act shall be entitled to have
any qualifying firefighter service treated as creditable
service under section 8411 of such title.
(2) Qualifying firefighter service.--For purposes of this
subsection, the term ``qualifying firefighter service'' means,
in connection with an individual, any service--
(A) which was performed by such individual, as a
wildland firefighter, after 1989 and before the date of
the enactment of this Act; and
(B) for which such individual was not allowed to
receive retirement credit by reason of section 8347(g)
or 8402(c) of such title 5.
(3) Deposit requirement.--Credit for a period of service
may not be given under this subsection unless the individual
involved makes a deposit, in such manner as the Office of
Personnel Management may by regulation require, equal to the
employee contributions that would have been required (in the
case of a firefighter) for such period under section 8334(c) or
8422(a) of such title 5, with interest.
(4) Certification.--The Office of Personnel Management
shall accept the certification of the Secretary of the Interior
or the Secretary of Agriculture, as the case may be, concerning
whether an individual performed qualifying firefighter service
and the length of the period of such service the individual
performed. | Wildland Firefighters Health Protection Act - Defines "wildland firefighter" as an employee of a federal land management agency who performs work directly related to the prevention, control, suppression, and management of wildfires, including an employee who is assigned to support wildland fire suppression activities and an employee who is transferred to a supervisory or administrative position.
Directs the Office of Personnel Management (OPM), in cooperation with such agencies, to commence development of a separate wildland firefighter occupational series that will more accurately reflect the variety of duties performed.
Requires a wildland firefighter's hours of work officially ordered or approved in excess of 40 hours per week or 8 hours per day to be considered overtime work. Makes time the firefighter is away from his or her official duty station assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response compensable as work time. Includes hazardous duty differentials as basic pay for retirement purposes.
Prohibits OPM from excluding wildland firefighters from federal employees' group life insurance (FEGLI) and from federal health care benefits. | {"src": "billsum_train", "title": "To implement updated pay and personnel policies in order to improve the recruitment and retention of qualified Federal wildland firefighters and to reduce the Federal Government's reliance on the more costly services of non-Federal wildfire resources."} | 2,539 | 252 | 0.626811 | 1.838223 | 0.942523 | 4.926829 | 11.102439 | 0.917073 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Security Act of 2003''.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this Act with the Secretary of
Labor (hereinafter in this Act referred to as the ``Secretary''). Any
State which is a party to an agreement under this Act may, upon
providing 30 days' written notice to the Secretary, terminate such
agreement.
(b) Provisions of Agreement.--
(1) In general.--Any agreement under subsection (a) shall
provide that the State agency of the State will make payments
of regular compensation to individuals in amounts and to the
extent that they would be determined if the State law were
applied with the modifications described in paragraph (2).
(2) Modifications described.--The modifications described
in this paragraph are as follows:
(A) In the case of an individual who is not
eligible for regular compensation under the State law
because of the use of a definition of base period that
does not count wages earned in the most recently
completed calendar quarter, then eligibility for
compensation under this title shall be determined by
applying a base period ending at the close of the most
recently completed calendar quarter.
(B) In the case of an individual who is not
eligible for regular compensation under the State law
because such individual does not meet requirements
relating to availability for work, active search for
work, or refusal to accept work, because such
individual is seeking, or is available for, less than
full-time work, then compensation under this title
shall not be denied by such State to an otherwise
eligible individual who seeks less than full-time work
or fails to accept full-time work.
(C) The amount of regular compensation (including
dependents' allowances) payable for any week shall be
equal to the amount determined under the State law
(before the application of this subparagraph), plus an
additional--
(i) 15 percent; or
(ii) $25,
whichever is greater.
(c) Nonreduction Rule.--Under the agreement, subsection (b)(2)(C)
shall not apply (or shall cease to apply) with respect to a State upon
a determination by the Secretary that the method governing the
computation of regular compensation under the State law of that State
has been modified in a way such that--
(1) the average weekly amount of regular compensation which
will be payable during the period of the agreement (determined
disregarding the modifications described in subsection (b)(2))
will be less than
(2) the average weekly amount of regular compensation which
would otherwise have been payable during such period under the
State law, as in effect on September 11, 2001.
(d) Coordination Rule.--The modifications described in subsection
(b)(2) shall also apply in determining the amount of benefits payable
under any Federal law to the extent that those benefits are determined
by reference to regular compensation payable under the State law of the
State involved.
SEC. 3. PAYMENTS TO STATES HAVING AGREEMENTS UNDER THIS ACT.
(a) General Rule.--There shall be paid to each State which has
entered into an agreement under this Act an amount equal to--
(1) 100 percent of any regular compensation made payable to
individuals by such State by virtue of the modifications which
are described in section 2(b)(2) and deemed to be in effect
with respect to such State pursuant to section 2(b)(1), and
(2) 100 percent of any regular compensation--
(A) which is paid to individuals by such State by
reason of the fact that its State law contains
provisions comparable to the modifications described in
section 2(b)(2)(A)-(B), but only
(B) to the extent that those amounts would, if such
amounts were instead payable by virtue of the State
law's being deemed to be so modified pursuant to
section 2(b)(1), have been reimbursable under paragraph
(1).
(b) Determination of Amount.--Sums under subsection (a) payable to
any State by reason of such State having an agreement under this Act
shall be payable, either in advance or by way of reimbursement (as may
be determined by the Secretary), in such amounts as the Secretary
estimates the State will be entitled to receive under this Act for each
calendar month, reduced or increased, as the case may be, by any amount
by which the Secretary finds that the Secretary's estimates for any
prior calendar month were greater or less than the amounts which should
have been paid to the State. Such estimates may be made on the basis of
such statistical, sampling, or other method as may be agreed upon by
the Secretary and the State agency of the State involved.
(c) Administrative Expenses, etc.--There is hereby appropriated out
of the employment security administration account of the Unemployment
Trust Fund (as established by section 901(a) of the Social Security
Act) $500,000,000 to reimburse States for the costs of the
administration of agreements under this Act (including any improvements
in technology in connection therewith) and to provide reemployment
services to unemployment compensation claimants in States having
agreements under this Act. Each State's share of the amount
appropriated by the preceding sentence shall be determined by the
Secretary according to the factors described in section 302(a) of the
Social Security Act and certified by the Secretary to the Secretary of
the Treasury.
SEC. 4. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act),
and the Federal unemployment account (as established by section 904(g)
of the Social Security Act), of the Unemployment Trust Fund shall be
used, in accordance with subsection (b), for the making of payments
(described in section 4(a)) to States having agreements entered into
under this Act.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
described in section 4(a) which are payable to such State under this
Act. The Secretary of the Treasury, prior to audit or settlement by the
General Accounting Office, shall make payments to the State in
accordance with such certification by transfers from the extended
unemployment compensation account (or, to the extent that there are
insufficient funds in that account, from the Federal unemployment
account) to the account of such State in the Unemployment Trust Fund.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) In general.--The terms ``compensation'', ``regular
compensation'', ``base period'', ``State'', ``State agency'',
``State law'', and ``week'' have the respective meanings given
such terms under section 205 of the Federal-State Extended
Unemployment Compensation Act of 1970, subject to paragraph
(2).
(2) State law and regular compensation.--In the case of a
State entering into an agreement under this Act--
(A) ``State law'' shall be considered to refer to
the State law of such State, applied in conformance
with the modifications described in section 2(b)(2),
subject to section 2(c), and
(B) ``regular compensation'' shall be considered to
refer to such compensation, determined under its State
law (applied in the manner described in subparagraph
(A)),
except as otherwise provided or where the context clearly
indicates otherwise.
SEC. 6. APPLICABILITY.
(a) In General.--An agreement entered into under this Act shall
apply to weeks of unemployment--
(1) beginning after the date on which such agreement is
entered into, and
(2) ending before July 1, 2004.
(b) Specific Rules.--Under such an agreement--
(1) the modification described in section 2(b)(2)(A)
(relating to alternative base periods) shall not apply except
in the case of initial claims filed after September 11, 2001,
and
(2) the modifications described in section 2(b)(2)(B)-(C)
(relating to part-time employment and increased benefits,
respectively) shall apply to weeks of unemployment (described
in subsection (a)), irrespective of the date on which an
individual's claim for benefits is filed.
SEC. 7. NO REDUCTION IN UNEMPLOYMENT COMPENSATION AS A RESULT OF
PENSION ROLLOVERS.
(a) In General.--Section 3304(a) of the Internal Revenue Code of
1986 is amended by adding at the end the following flush sentence:
``In no event shall paragraph (15) apply in the case of any rollover
distribution which is not includable in gross income for the taxable
year in which paid.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendment made by this section shall apply to compensation paid
for weeks of unemployment beginning on or after the date that
is 60 days after the date of enactment of the Economic Security
Act of 2003.
(2) Extension of effective date for state law amendment.--
If the Secretary of Labor determines that a State requires an
amendment to State law for that State to meet the requirements
imposed under the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note) by the amendment
made by this section, the State shall not be regarded as
failing to comply with the requirements of such Act solely on
the basis of its failure to meet these requirements before the
first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature
that begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State that
has a 2-year legislative session, each year of the session is
considered to be a separate regular session of the State
legislature. | Economic Security Act of 2003 - Provides for a program of temporary enhanced unemployment compensation which may add the greater of 15 percent or $25 to the amount of weekly regular compensation (including dependents' allowances) for which an individual is eligible under the Federal-State Extended Unemployment Compensation Act of 1970. Modifies eligibility requirements for regular compensation, where applicable for purposes of benefits under this Act, to: (1) set an alternative base period ending at the close of the most recently completed calendar quarter; and (2) allow individuals to seek less than full-time work or not accept full-time work.Sets forth program requirements for Federal-State agreements, formulas for determining weekly benefits, nonreduction and coordination rules, payments to States, and financing.Applies program agreements to weeks of unemployment: (1) beginning after the date on which such an agreement is entered into; and (2) ending before July 1, 2004. Makes a modification relating to alternative base periods applicable only to initial claims filed after September 11, 2001. Makes a modification relating to part-time employment and increased benefits applicable to weeks of unemployment in such agreement period, regardless of the date on which an individual's claim for benefits is filed. | {"src": "billsum_train", "title": "To provide for a program of temporary enhanced unemployment benefits."} | 2,143 | 250 | 0.649161 | 1.874655 | 0.853269 | 4.02521 | 8.516807 | 0.907563 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Checkpoint Optimization and
Efficiency Act of 2016''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that airport checkpoint wait times
should not take priority over the security of the Nation's aviation
system.
SEC. 3. ENHANCED STAFFING ALLOCATION MODEL.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall complete an assessment of the Administration's
staffing allocation model to determine the necessary staffing positions
at all airports in the United States at which the Administration
operates passenger checkpoints.
(b) Appropriate Staffing.--The staffing allocation model described
in subsection (a) shall be based on necessary staffing levels to
maintain minimal passenger wait times and maximum security
effectiveness.
(c) Additional Resources.--In assessing necessary staffing for
minimal passenger wait times and maximum security effectiveness
referred to in subsection (b), the Administrator of the Transportation
Security Administration shall include the use of canine explosives
detection teams and technology to assist screeners conducting security
checks.
(d) Transparency.--The Administrator of the Transportation Security
Administration shall share with aviation security stakeholders the
staffing allocation model described in subsection (a), as appropriate.
(e) Exchange of Information.--The Administrator of the
Transportation Security Administration shall require each Federal
Security Director to engage on a regular basis with the appropriate
aviation security stakeholders to exchange information regarding
airport operations, including security operations.
(f) GAO Review.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall review the staffing allocation model described in subsection (a)
and report to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the results of such review.
SEC. 4. EFFECTIVE UTILIZATION OF STAFFING RESOURCES.
(a) In General.--To the greatest extent practicable, the
Administrator of the Transportation Security Administration shall
direct that Transportation Security Officers with appropriate
certifications and training are assigned to passenger and baggage
security screening functions and that other Administration personnel
who may not have certification and training to screen passengers or
baggage are utilized for tasks not directly related to security
screening, including restocking bins and providing instructions and
support to passengers in security lines.
(b) Assessment and Reassignment.--The Administrator of the
Transportation Security Administration shall conduct an assessment of
headquarters personnel and reassign appropriate personnel to assist
with airport security screening activities on a permanent or temporary
basis, as appropriate.
SEC. 5. TSA STAFFING AND RESOURCE ALLOCATION.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall take the following actions:
(1) Utilize the Administration's Behavior Detection
Officers for passenger and baggage security screening,
including the verification of traveler documents, particularly
at designated PreCheck lanes to ensure that such lanes are
operational for use and maximum efficiency.
(2) Make every practicable effort to grant additional
flexibility and authority to Federal Security Directors in
matters related to checkpoint and checked baggage staffing
allocation and employee overtime in furtherance of maintaining
minimal passenger wait times and maximum security
effectiveness.
(3) Disseminate to aviation security stakeholders and
appropriate Administration personnel a list of checkpoint
optimization best practices.
(4) Expand efforts to increase the public's participation
in the Administration's PreCheck program, including deploying
Administration-approved ready-to-market private sector
solutions and offering secure online and mobile enrollment
opportunities.
(5) Request the Aviation Security Advisory Committee
(established pursuant to section 44946 of title 49, United
States Code) provide recommendations on best practices for
checkpoint security operations optimization.
(b) Staffing Advisory Coordination.--Not later than 30 days after
the date of the enactment of this Act, the Administrator of the
Transportation Security Administration shall--
(1) direct each Federal Security Director to coordinate
local representatives of aviation security stakeholders to
establish a staffing advisory working group at each airport at
which the Administration oversees or performs passenger
security screening to provide recommendations to the
Administrator on Transportation Security Officer staffing
numbers, for such airport; and
(2) certify to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that such staffing
advisory working groups have been established.
(c) Reporting.--Not later than 60 days after the date of the
enactment of this Act, the Administrator of the Transportation Security
Administration shall--
(1) report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate regarding how the
Administration's Passenger Screening Canine assets may be
deployed and utilized for maximum efficiency to mitigate risk
and optimize checkpoint operations; and
(2) report to the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the status of the
Administration's Credential Authentication Technology
Assessment program and how deployment of such program might
optimize checkpoint operations.
SEC. 6. AVIATION SECURITY STAKEHOLDERS DEFINED.
For purposes of this Act, the term ``aviation security
stakeholders'' shall mean, at a minimum, air carriers, airport
operators, and labor organizations representing Transportation Security
Officers or, where applicable, contract screeners.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act may be construed as authorizing or directing
the Administrator of the Transportation Security Administration to
prioritize reducing wait times over security effectiveness.
Passed the House of Representatives June 7, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Checkpoint Optimization and Efficiency Act (Sec. 2) This bill expresses the sense of Congress that airport checkpoint wait times should not take priority over the security of the nation's aviation system. (Sec. 3) The Transportation Security Administration (TSA) of the Department of Homeland Security shall begin and complete, within 30 days after enactment of this bill, an assessment of its staffing allocation model to determine the necessary staffing positions, including use of canine explosives detection teams and technology, at all U.S. airports at which the TSA operates passenger checkpoints. The staffing allocation model shall be based on staffing levels necessary to maintain minimal passenger wait times and maximum security effectiveness. The TSA shall require each Federal Security Director to engage regularly with appropriate aviation security stakeholders to exchange information regarding airport and security operations. The Government Accountability Office shall review the assessment. (Sec. 4) The TSA shall also: require Transportation Security Officers with appropriate certifications and training to be assigned to passenger and baggage security screening functions; use other TSA personnel who may not have certification and training to screen passengers or baggage for tasks not directly related to security screening, including restocking bins and giving instructions and support to passengers in security lines; assess headquarters personnel; and reassign appropriate personnel to assist with airport security screening activities on a permanent or temporary basis. (Sec. 5) Within 30 days after enactment of this bill the TSA shall: utilize TSA Behavior Detection Officers for passenger and baggage security screening, including the verification of traveler documents, particularly at designated PreCheck lanes to ensure that they are operational for use and maximum efficiency; make every practicable effort to grant additional flexibility and authority to Federal Security Directors in matters related to checkpoint and checked baggage staffing allocation and employee overtime in furtherance of maintaining minimal passenger wait times and maximum security effectiveness; disseminate to aviation security stakeholders and appropriate TSA personnel a list of checkpoint optimization best practices; expand efforts to increase the public's participation in the TSA PreCheck program; and request the Aviation Security Advisory Committee to make recommendations on best practices for checkpoint operations optimization. By the same 30-day deadline the TSA shall direct each Federal Security Director to coordinate local representatives of aviation security stakeholders to establish a staffing advisory working group at each airport at which the TSA oversees or performs passenger security screening to give recommendations to TSA on Transportation Security Officer staffing numbers. (Sec. 6) The bill defines the term "aviation security stakeholders" to mean air carriers, airport operators, and labor organizations representing Transportation Security Officers or contract screeners. | {"src": "billsum_train", "title": "Checkpoint Optimization and Efficiency Act of 2016"} | 1,276 | 572 | 0.766219 | 2.643707 | 0.809944 | 4.762295 | 2.405738 | 0.930328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable Drugs Access Act''.
SEC. 2. WAIVER REQUIREMENT FOR PERSONAL IMPORTATION OF PRESCRIPTION
DRUGS FROM CANADA.
(a) In General.--Chapter VIII of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381 et seq.) is amended by adding at the end
the following section:
``waiver requirement for personal importation of prescription drugs
from canada
``Sec. 805. (a) In General.--With respect to the importation by
individuals of prescription drugs from Canada, the Secretary shall in
accordance with this section establish by regulation a waiver of
prohibitions under this Act that apply to the importation of drugs.
Such a waiver shall permit an individual to import into the United
States any prescription drug that--
``(1) is imported from Canada for personal use by the
individual (not for resale);
``(2) is approved by the Secretary under section 505, is
manufactured in an establishment registered with the Secretary
under section 510, and is not a controlled substance in
schedule I, II, or III under section 202(c) of the Controlled
Substances Act;
``(3) is imported from a Canadian pharmacy that has
submitted to the Secretary a registration that identifies the
pharmacy and provides documentation that the pharmacy is
licensed in Canada;
``(4) is imported in a quantity that does not (for that
instance of importation) exceed a 90-day supply;
``(5) at the time of importation, is accompanied by a copy
of a valid prescription for the drug for the individual, issued
in the United States by a practitioner in accordance with
section 503(b), or is accompanied by documentation that
verifies the issuance of such a prescription for the
individual;
``(6) is in the form of a final finished dosage; and
``(7) is imported under such other conditions as the
Secretary determines to be necessary to ensure public safety.
``(b) Study; Limitation on Waiver Requirement.--
``(1) Study.--During the one-year period beginning on the
effective date of this section, the Secretary shall conduct a
study of prescription drugs imported from Canada under
subsection (a), and of prescription drugs that are imported
into the United States from other countries for personal use,
in order to determine the authenticity and quality of such
drugs.
``(2) Limitation.--If through the study under paragraph (1)
the Secretary determines that drugs imported under subsection
(a) present a significant threat to the public health, the
following applies:
``(A) The Secretary may, in order to protect the
public health, establish one or more conditions for the
importation from Canada of prescription drugs for
personal use that are different than the conditions
described in such subsection, in which case any
conflicting condition described in such subsection
ceases to apply.
``(B) The Secretary may publish in the Federal
Register a statement that, pursuant to this section,
the Secretary has determined that waivers under this
section should be terminated in order to protect the
public health. Effective on the date on which such a
statement is so published, this section ceases to have
any legal effect.
``(c) Authority Regarding Other Countries.--If through the study
under subsection (b)(1) the Secretary determines that drugs imported
under subsection (a) do not present a significant threat to the public
health, or if under authority of subsection (b)(2)(A) the Secretary
establishes conditions in order to protect the public health, the
Secretary may, in the case of such countries in addition to Canada as
the Secretary determines to be appropriate, establish by regulation a
waiver of prohibitions under this Act that apply to the importation of
drugs, under which waiver individuals are permitted to import into the
United States prescription drugs that meet the conditions that apply
under subsection (a) (or under subsection (b)(2)(A), as the case may
be). Such regulations may establish country-specific conditions, as
determined appropriate by the Secretary to protect the public health.
``(d) Definition.--For purposes of this section, the term
`prescription drug' means a drug that is subject to section 503(b).''.
(b) Assessment Regarding Additional Agency Inspectors at Ports of
Entry.--The Secretary of Health and Human Services shall conduct an
assessment to determine the additional number of inspectors that should
be added for the Food and Drug Administration at ports of entry into
the United States in order to provide adequate assurance that drugs
imported into the United States meet the standards of the Federal Food,
Drug, and Cosmetic Act. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report describing the findings of the assessment.
SEC. 3. CONTROLLED SUBSTANCES; IMPORTATION WITHOUT VALID PRESCRIPTIONS.
Section 1006(a)(2) of the Controlled Substances Import and Export
Act (21 U.S.C. 956(a)(2)) is amended by striking ``that exceeds 50
dosage units'' and all that follows and inserting the following: ``that
exceeds 10 dosage units of the controlled substance, except that if the
individual is importing more than one such controlled substance into
the United States, the combined total number of dosage units of such
substances imported by the individual may not exceed 10 dosage
units.''.
SEC. 4. INTERNET SALES OF PRESCRIPTION DRUGS.
(a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A
the following section:
``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS.
``(a) Requirements Regarding Information on Internet Site.--
``(1) In general.--A person may not dispense a prescription
drug pursuant to a sale of the drug by such person if--
``(A) the purchaser of the drug submitted the
purchase order for the drug, or conducted any other
part of the sales transaction for the drug, through an
Internet site; and
``(B) such site, or any other Internet site used by
such person for purposes of sales of a prescription
drug, fails to meet each of the requirements specified
in paragraph (2) (other than a site or pages on a site
that are not intended to be accessed by purchasers or
prospective purchasers).
``(2) Requirements.--With respect to an Internet site, the
requirements referred to in subparagraph (B) of paragraph (1)
for a person to whom such paragraph applies are as follows:
``(A) Each page of the site shall include either
the following information or a link to a page that
provides the following information:
``(i) The name of such person; the address
of the principal place of business of the
person with respect to sales of prescription
drugs through the Internet; and the telephone
number for such place of business.
``(ii) Each State in which the person is
authorized by law to dispense prescription
drugs.
``(iii) The name of each individual who
serves as a pharmacist for purposes of the
site, and each State in which the individual is
authorized by law to dispense prescription
drugs.
``(iv) If the person provides for medical
consultations through the site for purposes of
providing prescriptions, the name of each
individual who provides such consultations;
each State in which the individual is licensed
or otherwise authorized by law to provide such
consultations; and the type or types of health
professions for which the individual holds such
licenses or other authorizations.
``(B) A link to which paragraph (1) applies shall
be clearly visible on the page involved, shall not be
of a size smaller than other links on the page (if
any), and shall include in the caption for the link the
words `licensing and contact information'.
``(b) Internet Sales Without Appropriate Medical Relationships.--
``(1) In general.--A person may not dispense a prescription
drug, or arrange the dispensing of such a drug, pursuant to a
sale of the drug if--
``(A) for purposes of such sale, the purchaser
communicated with the person through the Internet;
``(B) the patient for whom the drug was purchased
did not, when such communications began, have a
prescription for the drug;
``(C) pursuant to such communications, the person
provided for the involvement of a practitioner and the
practitioner issued a prescription for the drug that
was purchased;
``(D) the person knew, or had reason to know, that
the practitioner did not, when issuing the
prescription, have a qualifying medical relationship
with the patient; and
``(E)(i) the person received payment for the drug
from the purchaser; or
``(ii) in the case of arranging the dispensing of
the drug, the person received payment for doing so from
the person who dispensed the drug.
For purposes of subparagraph (E), payment is received if money
or other valuable consideration is received.
``(2) Qualifying medical relationship.--
``(A) In general.--With respect to issuing a
prescription for a drug for a patient, a practitioner
has a qualifying medical relationship with the patient
for purposes of this section if at least one in-person
medical evaluation of the patient has been conducted by
the practitioner. This subparagraph and subparagraph
(B) may not be construed as having any applicability
beyond this section.
``(B) In-person medical evaluation.--A medical
evaluation by a practitioner is an in-person medical
evaluation for purposes of this section if the
practitioner is in the physical presence of the patient
as part of conducting the evaluation, without regard to
whether portions of the evaluation are conducted by
other health professionals.
``(c) Actions by States.--
``(1) In general.--Whenever an attorney general of any
State has reason to believe that the interests of the residents
of that State have been or are being threatened or adversely
affected because any person has engaged or is engaging in a
pattern or practice that violates section 301(l), the State may
bring a civil action on behalf of its residents in an
appropriate district court of the United States to enjoin such
practice, to enforce compliance with such section (including a
nationwide injunction), to obtain damages, restitution, or
other compensation on behalf of residents of such State, to
obtain reasonable attorneys fees and costs if the State
prevails in the civil action, or to obtain such further and
other relief as the court may deem appropriate.
``(2) Notice.--The State shall serve prior written notice
of any civil action under paragraph (1) or (5)(B) upon the
Secretary and provide the Secretary with a copy of its
complaint, except that if it is not feasible for the State to
provide such prior notice, the State shall serve such notice
immediately upon instituting such action. Upon receiving a
notice respecting a civil action, the Secretary shall have the
right--
``(A) to intervene in such action;
``(B) upon so intervening, to be heard on all
matters arising therein; and
``(C) to file petitions for appeal.
``(3) Construction.--For purposes of bringing any civil
action under paragraph (1), nothing in this chapter shall
prevent an attorney general of a State from exercising the
powers conferred on the attorney general by the laws of such
State to conduct investigations or to administer oaths or
affirmations or to compel the attendance of witnesses or the
production of documentary and other evidence.
``(4) Venue; service of process.--Any civil action brought
under paragraph (1) in a district court of the United States
may be brought in the district in which the defendant is found,
is an inhabitant, or transacts business or wherever venue is
proper under section 1391 of title 28, United States Code.
Process in such an action may be served in any district in
which the defendant is an inhabitant or in which the defendant
may be found.
``(5) Actions by other state officials.--
``(A) Nothing contained in this section shall
prohibit an authorized State official from proceeding
in State court on the basis of an alleged violation of
any civil or criminal statute of such State.
``(B) In addition to actions brought by an attorney
general of a State under paragraph (1), such an action
may be brought by officers of such State who are authorized by the
State to bring actions in such State on behalf of its residents.
``(d) Definitions.--
``(1) Internet-related definitions.--For purposes of this
section:
``(A) The term `Internet' means collectively the
myriad of computer and telecommunications facilities,
including equipment and operating software, which
comprise the interconnected world-wide network of
networks that employ the transmission control protocol/
internet protocol, or any predecessor or successor
protocols to such protocol, to communicate information
of all kinds by wire or radio.
``(B) The term `link', with respect to the
Internet, means one or more letters, words, numbers,
symbols, or graphic items that appear on a page of an
Internet site for the purpose of serving, when
activated, as a method for executing an electronic
command--
``(i) to move from viewing one portion of a
page on such site to another portion of the
page;
``(ii) to move from viewing one page on
such site to another page on such site; or
``(iii) to move from viewing a page on one
Internet site to a page on another Internet
site.
``(C) The term `page', with respect to the
Internet, means a document or other file accessed at an
Internet site.
``(D)(i) The terms `site' and `address', with
respect to the Internet, mean a specific location on
the Internet that is determined by Internet Protocol
numbers. Such term includes the domain name, if any.
``(ii) The term `domain name' means a method of
representing an Internet address without direct
reference to the Internet Protocol numbers for the
address, including methods that use designations such
as `.com', `.edu', `.gov', `.net', or `.org'.
``(iii) The term `Internet Protocol numbers'
includes any successor protocol for determining a
specific location on the Internet.
``(2) Other definitions.--For purposes of this section:
``(A) The term `practitioner', with respect to the
issuance of a prescription for a drug for a patient,
means--
``(i) an individual authorized by law to
administer the drug; or
``(ii) an individual who is not so
authorized but represents himself or herself as
an individual who is so authorized.
``(B) The term `prescription drug' means a drug
that is subject to section 503(b).
``(C) The term `qualifying medical relationship',
with respect to a practitioner and a patient, has the
meaning indicated for such term in subsection (b).''.
(b) Inclusion as Prohibited Act.--Section 301 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after
paragraph (k) the following:
``(l) The dispensing of a prescription drug in violation of section
503B, or arranging for the dispensing of such a drug in violation of
such section.''.
(c) Internet Sales of Prescription Drugs; Consideration by
Secretary of Practices and Procedures for Certification of Legitimate
Businesses.--In carrying out section 503B of the Federal Food, Drug,
and Cosmetic Act (as added by subsection (a) of this section), the
Secretary of Health and Human Services shall take into consideration
the practices and procedures of public or private entities that certify
that businesses selling prescription drugs through Internet sites are
legitimate businesses, including practices and procedures regarding
disclosure formats and verification programs.
(d) Effective Date.--The amendments made by subsections (a) and (b)
take effect upon the expiration of the 60-day period beginning on the
date of the enactment of this Act, without regard to whether a final
rule to implement such amendments has been promulgated by the Secretary
of Health and Human Services under section 701(a) of the Federal Food,
Drug, and Cosmetic Act. The preceding sentence may not be construed as
affecting the authority of such Secretary to promulgate such a final
rule. | Affordable Drugs Access Act - Amends the Federal Food, Drug, and Cosmetic Act to require a waiver of prohibitions which would then permit an individual to import a prescription drug from Canada. Stipulates that the drug be: (1) imported in final form in limited quantities for personal use from a registered Canadian pharmacy; (2) approved by the Secretary of Health and Human Services; and (3) accompanied by a valid prescription.Requires the Secretary to study the authenticity and quality of drugs imported into the United States from other countries for personal use. Authorizes the Secretary, based on whether study results indicate the presence or absence of a significant threat to public health, to: (1) condition the entry of drugs; (2) terminate the waiver; and/or (3) extend the waiver to other countries.Amends the Controlled Substances Import and Export Act to reduce the aggregate number of dosage units of a controlled substance a U.S. resident may import into the United States without a prescription.Regulates the Internet sale of prescription drugs. Requires Internet sites used for purposes of sales of a prescription drug to include a page (and links thereto) providing the identities of the seller and the persons serving as pharmacists or medical consultants and the States in which the seller and such persons are authorized to dispense drugs or provide consultations.Permits State enforcement of Internet prescription drug sale requirements, but retains the right of the Secretary to intervene. | {"src": "billsum_train", "title": "To amend the Federal Food, Drug, and Cosmetic Act to authorize the Secretary of Health and Human Services to grant waivers permitting individuals to import prescription drugs from Canada, to amend such Act with respect to the sale of prescription drugs through the Internet, and for other purposes."} | 3,724 | 311 | 0.617362 | 1.754772 | 0.833333 | 2.637363 | 12.761905 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Recognizing Achievement in
Classified School Employees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Classified school employees provide valuable service to
public schools in the United States.
(2) Classified school employees provide essential services,
such as transportation, facilities maintenance and operations,
food service, safety, and health care.
(3) Classified school employees play a vital role in
providing for the welfare and safety of students.
(4) Classified school employees strive for excellence in
all areas of service to the education community.
(5) Exemplary classified school employees should be
recognized for their outstanding contributions to quality
education in the United States.
SEC. 3. DEFINITION OF CLASSIFIED SCHOOL EMPLOYEE.
In this Act:
(1) Classified school employee.--The term ``classified
school employee'' means a public employee of a State or of any
political subdivision of a State, who works in any grade from
prekindergarten through higher education in any of the
following 9 occupational specialties:
(A) Paraprofessional services.
(B) Clerical and administrative services.
(C) Transportation services.
(D) Food and nutrition services.
(E) Custodial and maintenance services.
(F) Security services.
(G) Health and student services.
(H) Technical services.
(I) Skilled trades.
(2) Other definitions.--The terms used in this Act have the
meaning given the terms in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 4. RECOGNITION PROGRAM ESTABLISHED.
(a) In General.--The Secretary of Education shall establish a
national recognition program to be known as the ``National Classified
School Employee of the Year Award program''. The purpose of the program
shall be to recognize and promote the commitment and excellence
exhibited by classified school employees in public schools who provide
exemplary service to students in prekindergarten through higher
education.
(b) Award.--Prior to March 31 of each year (beginning with the
second calendar year that begins after the date of the enactment of
this Act), the National Classified School Employee Award program shall
recommend to the Secretary a classified school employee to receive the
National Classified School Employee Award for the year.
(c) Selection Process.--
(1) Nomination process.--
(A) In general.--Not later than November 1 of each
year (beginning with the first calendar year that
begins after the date of the enactment of this Act),
the Secretary shall solicit nominations of classified
school employees in public schools from the
occupational specialties described in section 3(1) from
the chief State school officer of each State.
(B) Nomination submissions.--In order for
individuals in a State to be eligible to receive
recognition under this section, the chief State school
officer shall consider nominations submitted by the
following:
(i) Local educational agencies.
(ii) School administrators.
(iii) Professional associations.
(iv) Labor organizations.
(v) Educational service agencies.
(vi) Any other group determined appropriate
by the National Classified School Employee
Award program.
(2) Demonstration.--Each chief State school officer of a
State who desires individuals in the State to receive
recognition under this section shall submit the nominations
described in paragraph (1) to the Secretary in such manner as
may be required by the National Classified School Employee
Award program. Each such nomination shall contain, at a
minimum, demonstrations of excellence in the following areas:
(A) Work performance.
(B) School and community involvement.
(C) Leadership and commitment.
(D) Local support.
(E) Enhancement of classified school employees'
image in the community and schools.
(F) Any other area of superior performance, such as
health and safety promotion or efficient use of energy
or other resources.
(3) Selection.--The National Classified School Employee
Award program shall develop uniform national guidelines for
evaluating nominations submitted under paragraph (2) in order
to select the most deserving nominees based on the
demonstrations made in the areas described in such paragraph. | Recognizing Achievement in Classified School Employees Act Directs the Secretary of Education to award National Classified School Employee of the Year Awards to classified public school employees within certain occupational specialties who provide exemplary service to students in prekindergarten through higher education. Requires the Secretary to choose an awardee each year, out of nominations received from each state, from one of the following occupational specialties: (1) paraprofessional services, (2) clerical and administrative services, (3) transportation services, (4) food and nutrition services, (5) custodial and maintenance services, (6) security services, (7) health and student services, (8) technical services, and (9) skilled trades. | {"src": "billsum_train", "title": "Recognizing Achievement in Classified School Employees Act"} | 905 | 146 | 0.665506 | 1.855977 | 0.754396 | 2.648855 | 6.580153 | 0.89313 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Investment and Job Creation
Act of 2012''.
SEC. 2. IMMIGRANT VISAS FOR ENTREPRENEURS AND JOB CREATORS.
(a) Aliens Who Are Members of the Professions Holding Advanced
Degrees.--Section 203(b)(2)(B) of the Immigration and Nationality Act
(8 U.S.C. 1153(b)(2)(B)) is amended--
(1) by striking ``(B) (i) Subject to clause (ii)'' and
inserting the following: ``(B) National interest waivers.--''
``(i) In general.--Subject to clauses (ii)
and (iii)'';
(2) in clause (ii)--
(A) by striking ``(ii) (I) The Attorney General''
and inserting the following: ``(ii) Physicians working
in shortage areas or veterans facilities.--''
``(I) In general.--The Secretary of
Homeland Security'';
(B) in subclause (II), by striking ``(II) No
permanent resident visa'' and inserting the following:
``(II) Prohibition.--No permanent resident visa'';
(C) in subclause (III), by striking ``(III) Nothing
in this subparagraph'' and inserting the following:
``(III) Statutory construction.--Nothing in this
subparagraph''; and
(D) in subclause (IV), by striking ``(IV) The
requirements of'' and inserting the following: ``(IV)
Effective date.--The requirements of''; and
(3) by inserting after clause (ii) the following:
``(iii) Entrepreneurs and job creators.--
The Secretary of Homeland Security shall grant
a national interest waiver pursuant to clause
(i) on behalf of any alien entrepreneur with
respect to whom a petition for preference
classification has been filed under
subparagraph (A) if--
``(I) the alien has engaged in a
new commercial enterprise (including a
limited partnership or similar entity)
in the United States; and
``(II) such enterprise has
benefitted the United States economy
and satisfied the employment creation
requirements described in section
204(m).''.
(b) Skilled Workers, Professionals, and Other Workers.--Section
203(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(3))
is amended by inserting after subparagraph (C) the following:
``(D) National interest waiver for entrepreneurs
and job creators.--The Secretary of Homeland Security
shall waive application of subparagraph (C) on behalf
of any alien entrepreneur with respect to whom a
petition for preference classification has been filed
under subparagraph (A) if--
``(i) the alien has engaged in a new
commercial enterprise (including a limited
partnership or similar entity) in the United
States; and
``(ii) such enterprise has benefitted the
United States economy and satisfied the
employment creation requirements described in
section 204(m).''.
(c) Requirements.--
(1) In general.--Section 204 of the Immigration and
Nationality Act is amended by adding at the end the following:
``(m) Entrepreneurs and Job Creators.--
``(1) Job creation requirements.--For purposes of sections
203(b)(2)(B) and 203(b)(3)(D), a new commercial enterprise
shall be deemed to have benefitted the United States economy
and satisfied the employment creation requirements of this
subsection if the enterprise--
``(A) has, during the period beginning 4 years
prior to the date that a petition for preference
classification with respect to the alien has been filed
under subparagraph (A), created direct, full-time
employment--
``(i) for not less than 5 United States
workers; or
``(ii) in the case of an enterprise in a
Distressed Area Development Zone, for not less
than 3 United States workers; and
``(B) the enterprise has received enough investment
or revenue during the period described in subparagraph
(A) to support the employment creation requirements
described in such subparagraph.
``(2) Definitions.--For purposes of sections 203(b)(2)(B)
and 203(b)(3)(D):
``(A) Full-time employment.--The term `full-time
employment' means employment in a position that
requires at least 35 hours of service per week at any
time, regardless of who fills the position. Such
employment may be satisfied on a full-time equivalent
basis by calculating the number of full-time employees
that could have been employed if the reported number of
hours worked by part-time employees had been worked by
full-time employees. Full-time equivalent employment
shall be calculated by dividing the part-time hours
paid by the standard number of hours for full-time
employees.
``(B) Investment or revenue.--The term `investment
or revenue' does not include any assets acquired,
directly or indirectly, by unlawful means. The term
`investment' includes assets provided by the alien
entrepreneur and may include assets, including venture
capital investments, provided pursuant to an investment
agreement with investors who are United States citizens
or aliens lawfully admitted to the United States for
permanent residence.
``(C) United states worker.--The term `United
States worker' means an employee (other than the
immigrant or the immigrant's spouse, sons, or
daughters) who--
``(i) is a citizen or national of the
United States; or
``(ii) is an alien who is lawfully admitted
for permanent residence, is admitted as a
refugee under section 207, is granted asylum
under section 208, or is an immigrant otherwise
authorized to be employed in the United States.
``(3) Priority date.--The priority date for any alien who
is adjusting status from any nonimmigrant classification
described in section 101(a)(15) and who receives a national
interest waiver under section 203(b)(2)(B) or 203(b)(3)(D)
shall be the date of the first petition or application for
status under section 101(a)(15) filed with respect to that
alien.''.
(2) Distressed area development zones.--Section 101(a) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following:
``(53) The term `Distressed Area Development Zone' means--
``(A) a low-income geographic area, as such term is
defined in section 351 of the Small Business Investment
Act of 1958 (15 U.S.C. 689); or
``(B) a city or county in the United States--
``(i) that has experienced high
unemployment (of not less than 150 percent of
the national average, as determined by the
Secretary of Labor) within the preceding 24
months; or
``(ii) has had a 20 percent or more
decrease in population since 1970.''.
(d) Conforming Amendments.--
(1) Section 203 of the Immigration and Nationality Act is
amended by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
(2) Section 204(a)(1)(E) of the Immigration and Nationality
Act is amended by inserting ``or under paragraph (2) or (3) of
section 203(b) if such alien is seeking a national interest
waiver under section 203(b)(2)(B) or 203(b)(3)(D),'' after
``203(b)(1)(A)''. | American Investment and Job Creation Act of 2012 - Amends the Immigration and Nationality Act to provide an (employment-based) immigrant visa for an alien entrepreneur who has engaged in a new commercial enterprise in the United States that has benefitted the U.S. economy and: (1) has, during the period beginning four years prior to the filing of a preference classification petition for such alien, created full-time employment for at least five U.S. workers, or in the case of an enterprise in a Distressed Area Development Zone, for at least three U.S. workers; and (2) the enterprise has received enough investment or revenue during this period to support such employment creation requirements. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act to provide for additional immigrant visas for certain entrepreneurs and job creators, and for other purposes."} | 1,784 | 148 | 0.533578 | 1.423306 | 0.66194 | 3.178295 | 11.689922 | 0.914729 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``International Mental Disability and
Mental Trauma Care Improvement Act of 2008''.
SEC. 2. PURPOSE.
The purpose of this Act is to promote the capacity of recipient
nongovernmental organizations to provide appropriate mental disability
and mental trauma care training for providers on a national, regional,
and local level abroad.
SEC. 3. FINDINGS.
Congress finds the following:
(1) The efforts of the United States to promote democracy
and human rights abroad must include vigorous efforts to
improve treatment of those with mental disabilities and mental
trauma.
(2) The World Health Report 2001, published by the World
Health Organization, reported that approximately 450,000,000
people worldwide experience a mental disorder.
(3) War, conflict, and dictatorial regimes around the world
have also created tens of thousands of victims of violence,
rape, torture, and forced relocation who suffer from mental
trauma.
(4) Mental disability and mental trauma care resources are
sufficiently scarce in developed and developing countries that
national care giving practices are often antiquated and
underfunded.
(5) The World Health Organization reports that--
(A) about 50 percent of mental disorders begin
before the sufferer reaches 14 years of age;
(B) about 20 percent of the children and
adolescents of the world are estimated to have a mental
disorder; and
(C) regions of the world in which a high percentage
of the population is under 19 years of age have the
lowest amount of mental disability care resources.
(6) There is tremendous inequity in the worldwide
distribution of skilled human resources for mental disability
and mental trauma care. A shortage of psychiatrists,
psychiatric nurses, psychologists, and social workers continues
to be a significant barrier to the provision of treatment and
care in low- and middle-income countries.
(7) In much of the world, there are immense obstacles to
full participation in society by people who suffer from a
mental disability or have experienced mental trauma.
(8) The World Health Organization reports that stigma about
mental disorders and discrimination against patients and
families can prevent people from seeking care.
(9) Social stigma and a lack of resources can often result
in the inappropriate institutionalization and effective
segregation from society of large numbers of people with mental
disabilities or mental trauma, often under appalling
conditions.
(10) Such inappropriate institutionalization does not
represent ``best-practice'' mental disability and mental trauma
care methods and is often an unacceptable violation of human
rights standards.
SEC. 4. MENTAL DISABILITY AND MENTAL TRAUMA CARE QUALITY AND CAPACITY
IMPROVEMENT GRANTS.
Chapter 1 of Part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by inserting after section 104C the
following:
``SEC. 104D. ASSISTANCE TO IMPROVE MENTAL DISABILITY AND MENTAL TRAUMA
CARE.
``(a) Grants to Nongovernmental Organizations and Individuals
Specializing in Mental Disability and Mental Trauma Treatment,
Training, Policy, and Research.--
``(1) Grants authorized.--The President is authorized to
award grants to nongovernmental organizations (including faith-
based and community-based organizations) and individuals--
``(A) to provide training, advice, and technical
expertise for foreign governments in the adoption of a
national mental disability and mental trauma care
framework;
``(B) to initiate system reform and improve
treatment options, access to, and quality of mental
disability and mental trauma care;
``(C) to provide training for governmental,
nongovernmental, professional, community, peer, and
family mental disability and mental trauma care
providers; or
``(D) to provide direct, short-term emergency
mental trauma assistance for the victims of
humanitarian or political crises.
``(2) Eligibility.--To the maximum extent practicable,
amounts shall be provided to applicants that--
``(A) have a proven record of providing mental
disability and mental trauma technical advice,
emergency care, or support, whether directly or through
linkages with other programs; and
``(B) employ recognized and evidence-based best
practices for assisting individuals with mental
disability conditions.
``(3) Application.--Each organization desiring a grant
under this section shall submit an application to the President
at such time, in such manner, and accompanied by such
information and assurances as the President may require.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to the President for the purposes of this section, in
addition to funds otherwise available for such purposes, not less than
$10,000,000 for the fiscal year 2009 and each subsequent fiscal year,
to be made available through the Secretary of State, acting through the
Administrator of the United States Agency for International
Development.''.
SEC. 5. ANNUAL REPORT ON THE CONDITION OF MENTAL DISABILITY AND MENTAL
TRAUMA CARE.
Section 116(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151b-2(d)) is amended--
(1) in paragraph (10), by striking ``and'' at the end;
(2) in paragraph (11), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(12) wherever applicable, mental disability and mental
trauma care practices in countries receiving assistance under
section 104D and in all other foreign jurisdictions,
including--
``(A) the extent of contact of mental disability
and mental trauma care patients with their home
communities;
``(B) the freedom granted mental disability and
mental trauma care patients to socialize with each
other and with nonpatients;
``(C) the national government's record of forced
institutionalization, and the review process for
institutionalized mental disability and mental trauma
care patients;
``(D) the average ratio between patients and staff;
``(E) the employment of evaluation and follow up of
treatment efficacy;
``(F) the national spending on mental disability
and mental trauma care;
``(G) activities implemented or improved that
address the provision of services for mental disability
and mental trauma conditions; and
``(H) the inclusion of mental disability and mental
trauma care into the public health agenda and national
health plans and programs.''. | International Mental Disability and Mental Trauma Care Improvement Act of 2008 - Amends the the Foreign Assistance Act of 1961 to authorize the President to award grants to nongovernmental organizations (including faith-based and community-based organizations) and individuals to: (1) provide training and technical expertise for foreign governments in the adoption of a national mental disability and mental trauma care framework; (2) initiate system reform of mental disability and mental trauma care; (3) provide training for disability and mental trauma care providers; or (4) provide direct, short-term emergency mental trauma assistance for the victims of humanitarian or political crises. | {"src": "billsum_train", "title": "A bill to authorize the President to award grants to improve the capacity of nongovernmental organizations and individuals in foreign countries to provide appropriate mental disability and mental trauma care training, and for other purposes."} | 1,369 | 121 | 0.511254 | 1.469113 | 0.647201 | 5.008333 | 10.975 | 0.975 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Promotion Act of 2003''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 1997, the Congress passed the Adoption and Safe
Families Act of 1997 to promote comprehensive child welfare
reform to ensure that consideration of children's safety is
paramount in child welfare decisions, and to provide a greater
sense of urgency to find every child a safe, permanent home.
(2) The Adoption and Safe Families Act of 1997 also created
the Adoption Incentives program, which authorizes incentive
payments to States to promote adoptions, with additional
incentives provided for the adoption of foster children with
special needs.
(3) Since 1997, all States, the District of Columbia, and
Puerto Rico have qualified for incentive payments for their
work in promoting adoption of foster children.
(4) Between 1997 and 2002, adoptions increased by 64
percent, and adoptions of children with special needs increased
by 63 percent; however, 542,000 children remain in foster care,
and 126,000 are eligible for adoption.
(5) Although substantial progress has been made to promote
adoptions, attention should be focused on promoting adoption of
older children. Recent data suggest that half of the children
waiting to be adopted are age 9 or older.
SEC. 3. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS PROGRAM.
(a) In General.--Section 473A of the Social Security Act (42 U.S.C.
673b) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2) and inserting the
following:
``(2)(A) the number of foster child adoptions in the State
during the fiscal year exceeds the base number of foster child
adoptions for the State for the fiscal year; or
``(B) the number of older child adoptions in the State
during the fiscal year exceeds the base number of older child
adoptions for the State for the fiscal year;'';
(B) in paragraph (4), by striking ``and 2002'' and
inserting ``through 2007''; and
(C) in paragraph (5), by striking ``2002'' and
inserting ``2007'';
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Determination of numbers of adoptions based on afcars
data.--The Secretary shall determine the numbers of foster
child adoptions, of special needs adoptions that are not older
child adoptions, and of older child adoptions in a State during
each of fiscal years 2002 through 2007, for purposes of this
section, on the basis of data meeting the requirements of the
system established pursuant to section 479, as reported by the
State and approved by the Secretary by August 1 of the
succeeding fiscal year.'';
(3) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B)--
(i) by inserting ``that are not older child
adoptions'' after ``adoptions'' each place it
appears; and
(ii) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(C) $4,000, multiplied by the amount (if any) by
which the number of older child adoptions in the State
during the fiscal year exceeds the base number of older
child adoptions for the State for the fiscal year.'';
(4) in subsection (g)--
(A) in paragraph (3), by striking subparagraphs (A)
and (B) and inserting the following:
``(A) with respect to fiscal year 2003, the number
of foster child adoptions in the State in fiscal year
2002; and
``(B) with respect to any subsequent fiscal year,
the number of foster child adoptions in the State in
the fiscal year for which the number is the greatest in
the period that begins with fiscal year 2002 and ends
with the fiscal year preceding that subsequent fiscal
year.'';
(B) in paragraph (4)--
(i) in the paragraph heading, by inserting
``that are not older child adoptions'' after
``adoptions''; and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) with respect to fiscal year 2003, the number
of special needs adoptions that are not older child
adoptions in the State in fiscal year 2002; and
``(B) with respect to any subsequent fiscal year,
the number of special needs adoptions that are not
older child adoptions in the State in the fiscal year
for which the number is the greatest in the period that
begins with fiscal year 2002 and ends with the fiscal
year preceding that subsequent fiscal year.''; and
(C) by adding at the end the following:
``(5) Base number of older child adoptions.--The term `base
number of older child adoptions for a State' means--
``(A) with respect to fiscal year 2003, the number
of older child adoptions in the State in fiscal year
2002; and
``(B) with respect to any subsequent fiscal year,
the number of older child adoptions in the State in the
fiscal year for which the number is the greatest in the
period that begins with fiscal year 2002 and ends with
the fiscal year preceding that subsequent fiscal year.
``(6) Older child adoptions.--The term `older child
adoptions' means the final adoption of a child who has attained
9 years of age if--
``(A) at the time of the adoptive placement, the
child was in foster care under the supervision of the
State; or
``(B) an adoption assistance agreement was in
effect under section 473 with respect to the child.'';
(5) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking
``and'';
(ii) in subparagraph (C), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(D) $43,000,000 for each of fiscal years 2004
through 2008.''; and
(B) in paragraph (2)--
(i) by inserting ``, or under any other law
for grants under subsection (a),'' after
``(1)''; and
(ii) by striking ``2003'' and inserting
``2008'';
(6) in subsection (i)(4), by striking ``1998 through 2000''
and inserting ``2004 through 2006''; and
(7) by striking subsection (j).
(b) Report on Adoption and Other Permanency Options for Children in
Foster Care.--Not later than October 1, 2004, the Secretary of Health
and Human Services shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
a report on State efforts to promote adoption and other permanency
options for children in foster care, with special emphasis on older
children in foster care. In preparing this report, the Secretary shall
review State waiver programs and consult with representatives from
State governments, public and private child welfare agencies, and child
advocacy organizations to identify promising approaches.
SEC. 4. AUTHORITY TO IMPOSE PENALTIES FOR FAILURE TO SUBMIT AFCARS
REPORT.
Section 474 of the Social Security Act (42 U.S.C. 674) is amended
by adding at the end the following:
``(f)(1) If the Secretary finds that a State has failed to submit
to the Secretary data, as required by regulation, for the data
collection system implemented under section 479, the Secretary shall,
within 30 days after the date by which the data was due to be so
submitted, notify the State of the failure and that payments to the
State under this part will be reduced if the State fails to submit the
data, as so required, within 6 months after the date the data was
originally due to be so submitted.
``(2) If the Secretary finds that the State has failed to submit
the data, as so required, by the end of the 6-month period referred to
in paragraph (1) of this subsection, then, notwithstanding subsection
(a) of this section and any regulations promulgated under section
1123A(b)(3), the Secretary shall reduce the amounts otherwise payable
to the State under this part, for each quarter ending in the 6-month
period (and each quarter ending in each subsequent consecutively
occurring 6-month period until the Secretary finds that the State has
submitted the data, as so required), by--
``(A) \1/6\ of 1 percent of the total amount expended by
the State for administration of foster care activities under
the State plan approved under this part in the quarter so
ending, in the case of the 1st 6-month period during which the
failure continues; or
``(B) \1/4\ of 1 percent of the total amount so expended,
in the case of the 2nd or any subsequent such 6-month
period.''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect on October 1,
2003. | Adoption Promotion Act of 2003 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to revise requirements with respect to States eligible to receive adoption incentives payments. Reauthorizes the adoption incentive payments program. Provides additional incentives for adoptions of older children (nine years of age and up). Modifies requirements with respect to determination of numbers of special needs adoptions that are not older children as well as adoptions of older children.
Revises the formula for adoption incentive payments to States to provide a payment for: (1) special needs adoptions that are not older child adoptions; and (2) older child adoptions.
Repeals the requirement that the Secretary of Health and Human Services provide supplemental grants to incentive-eligible States.
Authorizes the Secretary to impose specified penalties against a State for failure to provide necessary data to the Secretary for the Adoption and Foster Care Analysis and Reporting System. | {"src": "billsum_train", "title": "A bill to reauthorize the adoption incentive payments program under part E of title IV of the Social Security Act, and for other purposes"} | 2,017 | 204 | 0.621431 | 1.673505 | 0.85633 | 2.465909 | 11.056818 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Domestic Violence Connections
Campaign Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) More than 500 men and women call the National Domestic
Violence Hotline every day to get immediate, informed, and
confidential assistance to help deal with family violence.
(2) The National Domestic Violence Hotline service is
available, toll-free, 24 hours a day and 7 days a week, with
bilingual staff, access to translators in 150 languages, and a
TTY line for the hearing-impaired.
(3) With access to over 5,000 shelters and service
providers in the United States, Puerto Rico, and the United
States Virgin Islands, the National Domestic Violence Hotline
provides crisis intervention and immediately connects callers
with sources of help in their local community.
(4) The National Domestic Violence Hotline, which was
created by the Violence Against Women Act and is located in
Austin, Texas, answered its first call on February 21, 1996,
and answered its one millionth call on August 4, 2003.
(5) Approximately 60 percent of the callers indicate that
calling the Hotline is their first attempt to address a
domestic violence situation and that they have not called the
police or any other support services.
(6) Between 2000 and 2003, there was a 27 percent increase
in call volume.
(7) Due to high call volume and limited resources,
approximately 26,000 calls to the Hotline went unanswered in
2002 due to long hold times or busy signals.
(8) Widespread demand for the Hotline service continues.
The Department of Justice reported that over 18,000 acts of
violence were committed by intimate partners in the United
States each day during 2001. An average of 3 women are murdered
every day in the Nation by their husbands or boyfriends.
(9) Working with outdated telephone and computer equipment
creates many challenges for the National Domestic Violence
Hotline.
(10) Improving technology infrastructure at the National
Domestic Violence Hotline and training advocates, volunteers,
and other staff on upgraded technology will drastically
increase the Hotline's ability to answer more calls quickly and
effectively.
(11) Partnerships between the public sector and the private
sector are an effective way of providing necessary technology
improvements to the National Domestic Violence Hotline.
(12) The Connections Campaign is a project that unites
nonprofit organizations, major corporations, and Federal
agencies to launch a major new initiative to help ensure that
the National Domestic Violence Hotline can answer every call
with upgraded, proficient, and sophisticated technology tools.
SEC. 3. TECHNOLOGY GRANT TO NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) In General.--The Attorney General, in consultation with the
Secretary of Health and Human Services, shall award a grant to the
National Domestic Violence Hotline.
(b) Use of Funds.--The grant awarded under subsection (a) shall be
used to provide technology and telecommunication training and
assistance for advocates, volunteers, staff, and others affiliated with
the Hotline so that such persons are able to effectively use improved
equipment made available through the Connections Campaign.
SEC. 4. RESEARCH GRANT TO STUDY NATIONAL DOMESTIC VIOLENCE HOTLINE.
(a) Grant Authorized.--Not later than 6 months after the date of
enactment of this Act, the Attorney General, in consultation with the
Secretary of Health and Human Services and the National Domestic
Violence Hotline, shall award a grant to a university or other research
institution with demonstrated experience and expertise with domestic
violence issues to conduct a study of the National Domestic Violence
Hotline for the purpose of conducting the research described under
subsection (c), and for the input, interpretation, and dissemination of
research data.
(b) Application.--Each university or research institution desiring
to receive a grant under this section shall submit an application to
the Attorney General, at such time, in such manner, and accompanied by
such additional information as the Attorney General, in consultation
with the Secretary of Health and Human Services and the National
Domestic Violence Hotline, may reasonably require.
(c) Issues to Be Studied.--The study described in subsection (a)
shall--
(1) compile statistical and substantive information about
calls received by the Hotline since its inception, or a
representative sample of such calls, while maintaining the
confidentiality of Hotline callers;
(2) interpret the data compiled under paragraph (1)--
(A) to determine the trends, gaps in services, and
geographical areas of need; and
(B) to assess the trends and gaps in services to
underserved communities and the military community; and
(3) gather other important information about domestic
violence.
(d) Report.--Not later than 3 years after the date of enactment of
this Act, the grantee conducting the study under this section shall
submit a report on the results of such study to Congress and the
Attorney General.
SEC. 5. GRANT TO RAISE PUBLIC AWARENESS OF DOMESTIC VIOLENCE ISSUES.
(a) Grant Authorized.--Not later than 6 months after the submission
of the report required under section 4(d), the Attorney General, in
consultation with the Secretary of Health and Human Services and the
National Domestic Violence Hotline, shall award a grant to an
experienced organization to conduct a public awareness campaign to
increase the public's understanding of domestic violence issues and
awareness of the National Domestic Violence Hotline.
(b) Application.--Each organization desiring to receive a grant
under this section shall submit an application to the Attorney General,
at such time, in such manner, and accompanied by such additional
information as the Attorney General, in consultation with the Secretary
of Health and Human Services and the National Domestic Violence
Hotline, may reasonably require.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated, for each
of the fiscal years 2005 and 2006--
(1) $500,000 to carry out section 3;
(2) $250,000 to carry out section 4; and
(3) $800,000 to carry out section 5.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available until expended.
(c) Nonexclusivity.--Nothing in this section shall be construed to
limit or restrict the National Domestic Violence Hotline to apply for
and obtain Federal funding from any other agency or department or any
other Federal grant program.
(d) No Condition on Appropriations.--Amounts appropriated pursuant
to subsection (a) shall not be considered amounts appropriated for
purposes of the conditions imposed under section 316(g)(2) of the
Family Violence Prevention and Services Act (42 U.S.C. 10416(g)(2)). | Domestic Violence Connections Campaign Act of 2004 - Directs the Attorney General to award: (1) a grant to the National Domestic Violence Hotline for technology and telecommunication training and assistance for those affiliated with the Hotline in using improved equipment made available through the Connections Campaign; (2) a grant to a university or other research institution to study the Hotline; and (3) a grant to an experienced organization to conduct a campaign to raise public awareness of domestic violence issues and the Hotline. | {"src": "billsum_train", "title": "To establish grants to improve and study the National Domestic Violence Hotline."} | 1,452 | 103 | 0.553299 | 1.557883 | 0.729137 | 3.935484 | 14.537634 | 0.967742 |
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Samuel de Champlain 400th
Commemoration Commission Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Samuel de Champlain (1567-1635) was a French explorer
and navigator who mapped much of northeastern North America and
established a settlement in Quebec;
(2) in 1609, Champlain entered the valley where he observed
the lake that today carries his name, Lake Champlain, which
borders the States of Vermont and New York and a portion of the
border between Canada and the United States;
(3) the 8,234 square mile Lake Champlain Basin is an
extraordinary cultural, historical, and recreational resource
that had a significant role in the history and culture of pre-
European America, colonial North America, and the formation and
early development of the United States;
(4) Lake Champlain has a recognized national significance,
not only for scenic beauty, but also for the impact of the lake
on the local, regional, and national economy;
(5) Lake Champlain is supported by a watershed of more than
8,200 square miles and supports a regional economy of more than
$9,000,000,000;
(6) the importance of Lake Champlain spreads throughout the
Northeast, because residents of New England and the Mid-
Atlantic States cherish the lake and the resources of the lake
for recreational, ecological, and scenic values; and
(7) the States of Vermont and New York have both
established Champlain 400th Commemoration Commissions.
(b) Purpose.--
(1) In general.--The purpose of this Act is to establish
the Samuel de Champlain 400th Commemoration Commission to
provide technical and financial assistance to the States of
Vermont and New York and communities in the States to
commemorate--
(A) the arrival of Samuel de Champlain into the
Champlain Valley; and
(B) the heritage of the greater Lake Champlain
Basin.
(2) Inclusions.--The assistance described in paragraph (1)
shall, at a minimum--
(A) ensure a suitable national observance, in 2009,
of the Samuel de Champlain anniversary by complementing
the programs and activities of the States of Vermont
and New York;
(B) cooperate with and assist the programs and
activities of the States in commemorating the Samuel de
Champlain 2009 anniversary;
(C) assist in ensuring that the commemoration
provides an excellent visitor experience and beneficial
interaction between visitors and the natural and
cultural resources of the Champlain Valley;
(D) assist in ensuring that the Samuel de Champlain
2009 observances are inclusive and appropriately
recognize the experiences and heritage of all peoples
present when Samuel de Champlain arrived in the
Champlain Valley;
(E) provide assistance to States, localities, and
nonprofit organizations in the development of programs,
activities, and facilities to recognize the cultural
and historical significance of Lake Champlain;
(F) facilitate international involvement in the
Samuel de Champlain 2009 commemoration;
(G) support and facilitate marketing efforts for a
commemorative coin, stamp, and related activities for
the Samuel de Champlain commemoration;
(H) support and facilitate the related efforts of
the Lake Champlain Basin Program and the Champlain
400th Commemoration Commissions established by the
States of Vermont and New York; and
(I) assist in the appropriate development of
heritage tourism and economic benefits to the United
States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commemoration.--The term ``commemoration'' means the
commemoration of the 400th anniversary of Samuel de Champlain
first arriving in the Champlain Valley in 1609.
(2) Commission.--The term ``Commission'' means the Samuel
de Champlain 400th Commemoration Commission established by
section 4(a).
(3) Governor.--The term ``Governor'' means the Governor of
each State.
(4) Lake champlain basin program.--The term ``Lake
Champlain Basin Program'' means the partnership with Federal
agencies established by the States of Vermont and New York to
implement the Lake Champlain management plan entitled
``Opportunities for Action''.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--
(A) In general.--The term ``State'' means--
(i) the State of Vermont; and
(ii) the State of New York.
(B) Inclusions.--The term ``State'' includes
agencies and entities of each State specified in
subparagraph (A).
SEC. 4. SAMUEL DE CHAMPLAIN 400TH COMMEMORATION COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Samuel de Champlain 400th Commemoration Commission''.
(b) Membership.--
(1) In general.--The Commission shall be composed of 13
members, of whom--
(A) 4 members shall be appointed by the Secretary
from the Champlain 400th Commemoration Commission
established by the State of Vermont, after
consideration of the recommendations of the Governor of
Vermont;
(B) 4 members shall be appointed by the Secretary,
from the Champlain 400th Commemoration Commission
established by the State of New York, after
consideration of the recommendations of the Governor of
New York;
(C) 2 members shall be employees of the National
Park Service, of whom--
(i) 1 member shall be the Director of the
National Park Service (or a designee); and
(ii) 1 member shall be an employee of the
National Park Service having experience
relevant to the commemoration, to be appointed
by the Secretary; and
(D) 3 members shall be individuals that have an
interest in, support for, and expertise appropriate to,
the commemoration, to be appointed by the Secretary.
(2) Term; vacancies.--
(A) Term.--A member of the Commission shall be
appointed for the life of the Commission.
(B) Vacancies.--
(i) In general.--A vacancy on the
Commission shall be filled in the same manner
as the original appointment was made.
(ii) Partial term.--A member appointed to
fill a vacancy on the Commission shall serve
for the remainder of the term for which the
predecessor of the member was appointed.
(3) Meetings.--
(A) In general.--The Commission shall meet--
(i) at least twice each year; or
(ii) at the call of the Chairperson or the
majority of the members of the Commission.
(B) Initial meeting.--Not later than 30 days after
the date on which all members of the Commission have
been appointed, the Commission shall hold the initial
meeting of the Commission.
(4) Voting.--
(A) In general.--The Commission shall act only on
an affirmative vote of a majority of the members of the
Commission.
(B) Quorum.--A majority of the members of the
Commission shall constitute a quorum.
(5) Chairperson and vice chairperson.--
(A) In general.--The Commission shall annually
elect the Chairperson and the Vice Chairperson of the
Commission from among the members of the Commission.
(B) Authority.--The Vice Chairperson shall serve as
the Chairperson in the absence of the Chairperson.
(c) Duties.--
(1) In general.--The Commission shall--
(A) plan, develop, and execute programs and
activities appropriate for the commemoration;
(B) generally facilitate activities relating to the
commemoration throughout the United States;
(C) encourage civic, patriotic, historical,
educational, religious, economic, and other
organizations throughout the United States to organize
and participate in anniversary activities to expand the
understanding and appreciation of the significance of
Lake Champlain;
(D) consult with the Lake Champlain Basin Program
and other relevant organizations to plan and develop
programs and activities for the commemoration;
(E) provide technical assistance to States,
localities, and nonprofit organizations to carry out
activities relating to the commemoration;
(F) coordinate and facilitate public scholarly
research on the history of Samuel de Champlain and the
Lake Champlain basin; and
(G) ensure that the commemoration provides a
lasting legacy and long-term public benefit by
assisting in the development of appropriate programs,
projects, and facilities.
(2) Plans; reports.--
(A) Strategic plan; annual performance plans.--In
accordance with section 306 of title 5, United States
Code, and section 1115 of title 31, United States Code,
the Commission shall prepare a strategic plan and
annual performance plans for the activities of the
Commission carried out under this Act.
(B) Final report.--Not later than September 30,
2010, the Commission shall submit to the Secretary a
final report that contains--
(i) a summary of the activities of the
Commission;
(ii) a final accounting of funds received
and expended by the Commission; and
(iii) the findings and recommendations of
the Commission.
(d) Powers of the Commission.--The Commission may--
(1) accept and dispose of donations of money, personal
services, and personal property related to the settling of the
Champlain Basin and the significance of Lake Champlain in the
history of the United States;
(2) appoint such advisory committees as the Commission
determines to be necessary to carry out this Act;
(3) authorize any member or employee of the Commission to
take any action that the Commission is authorized to take by
this Act;
(4) procure supplies, services, and property, and make or
enter into contracts, leases, or other legal agreements, to
carry out this Act (except that any contracts, leases, or other
legal agreements made or entered into by the Commission, either
directly or with administrative assistance from the Lake
Champlain Basin Program, shall not extend beyond the date of
termination of the Commission);
(5) use the United States mails in the same manner and
under the same conditions as other Federal agencies;
(6) subject to approval by the Commission, with assistance
from the Lake Champlain Basin Program, make grants in amounts
not to exceed $25,000 to communities and nonprofit
organizations to develop programs and facilities to assist in
the commemoration and recognition of Lake Champlain cultural
and historical resources and projects;
(7) make grants to research and scholarly organizations to
research, publish, or distribute information relating to the
early history of the Champlain Valley; and
(8) provide technical assistance to States, localities, and
nonprofit organizations to further the commemoration.
(e) Commission Personnel Matters.--
(1) Compensation of members of the commission.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall serve without
compensation.
(B) Federal employees.--A member of the Commission
who is an officer or employee of the Federal Government
shall serve without compensation in addition to the
compensation received for the services of the member as
an officer or employee of the Federal Government.
(C) Travel expenses.--A member of the Commission
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an
employee of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from the
home or regular place of business of the member in the
performance of the duties of the Commission.
(2) Staff.--
(A) In general.--The Chairperson of the Commission
may, without regard to the civil service laws
(including regulations), appoint and terminate an
executive director and such other additional personnel,
including personnel appointed from the Lake Champlain
Basin Program, as are necessary to enable the
Commission to perform the duties of the Commission.
(B) Confirmation of executive director.--The
employment of an executive director shall be subject to
confirmation by the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel shall not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(4) Detail of government employees.--
(A) Federal employees.--
(i) In general.--At the request of the
Commission, the head of any Federal agency may
detail, on a reimbursable or nonreimbursable
basis, any of the personnel of the agency to
the Commission to assist the Commission in
carrying out the duties of the Commission under
this Act.
(ii) Civil service status.--The detail of
an employee under clause (i) shall be without
interruption or loss of civil service status or
privilege.
(B) State employees.--The Commission may--
(i) accept the services of personnel
detailed from States (including subdivisions of
States); and
(ii) reimburse States for services of
detailed personnel.
(C) Lake champlain basin program employees.--The
Commission may--
(i) accept the services of personnel from
the Lake Champlain Basin Program; and
(ii) reimburse the Lake Champlain Basin
Program for the services of detailed personnel.
(5) Volunteer and uncompensated services.--Notwithstanding
section 1342 of title 31, United States Code, the Commission
may accept and use voluntary and uncompensated services as the
Commission determines necessary.
(6) Support services.--The Director of the National Park
Service shall provide to the Commission, on a reimbursable
basis, such administrative support services as the Commission
may request.
(f) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
(g) FACA Nonapplicability.--Section 14(b) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(h) No Effect on Authority.--Nothing in this section supersedes the
authority of the States or the National Park Service concerning the
commemoration.
(i) Termination.--The Commission shall terminate on December 31,
2010.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act. | Samuel de Champlain 400th Commemoration Commission Act of 2004 - Establishes the Samuel de Champlain 400th Commemoration Commission to provide technical and financial assistance to the States of Vermont and New York and communities in those States to commemorate: (1) the arrival of Samuel de Champlain into the Champlain Valley in 1609; and (2) the heritage of the greater Lake Champlain Basin. | {"src": "billsum_train", "title": "A bill to establish a Commission to commemorate the 400th anniversary of the arrival of Samuel de Champlain in the Champlain Valley, and for other purposes."} | 3,204 | 83 | 0.697329 | 1.923385 | 1.673568 | 5.797101 | 42.782609 | 0.956522 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``QMB Improvement Act of 1998''.
SEC. 2. MECHANISM PROMOTING PROVISION OF MEDICARE COST-SHARING
ASSISTANCE TO ELIGIBLE LOW-INCOME MEDICARE BENEFICIARIES.
(a) In General.--Part A of title XI of the Social Security Act is
amended by adding at the end the following:
``promoting provision of medicare cost-sharing assistance under
medicaid program for identified low-income medicare beneficiaries
``Sec. 1147. (a) Requirement for Data Match.--
``(1) Requesting matching information.--The Commissioner of
Social Security shall, not less often than annually beginning
with 2001, transmit to the Secretary of the Treasury a list of
the names and TINs of Medicare beneficiaries (as defined in
section 6103(l)(15) of the Internal Revenue Code of 1986) and
request that such Secretary disclose to the Secretary of Health
and Human Services the information described in subparagraph
(A) of such section.
``(2) Specification of income levels.--The Secretary shall
specify--
``(A) the items that will be included in
determination of income for purposes of applying this
section and section 6103(l)(15)(A)(i) of the Internal
Revenue Code of 1986; and
``(B) the levels of such income (based upon a
percentage of the Federal poverty guidelines) that
individuals may have and qualify for medical assistance
under section 1902(a)(10)(E)(i) of the Social Security
Act (relating to assistance for Medicare cost-sharing
benefits under the Medicaid program).
``(b) Notice to Individuals Identified.--
``(1) Initial eligibility.--The Secretary promptly shall
provide for an appropriate notice to each individual identified
under subsection (a) who is described in section
6103(l)(15)(A)(i), of the following:
``(A) Subject to subparagraph (B), the individual
is deemed eligible for some form of medical assistance
for some Medicare cost-sharing under clause (i) or
(iii) of section 1902(a)(10)(E), depending on the
individual's level of income.
``(B) By accepting such assistance the individual
is obligated to notify the Secretary if the individual
is not eligible for such assistance due to--
``(i) the individual having tax-exempt
income;
``(ii) the individual having countable
assets in excess of the maximum permissible
assets, if the individual resides in a State
that imposes an asset test for such
eligibility; or
``(iii) the individual otherwise is not
eligible for such assistance.
``(C) If the individual accepts such assistance
notwithstanding that the individual is not eligible,
the individual is liable to the State for the amount of
medical assistance provided (with interest).
``(2) Continued eligibility.--The Secretary shall provide
for an appropriate notice to each individual identified under
subsection (a) who is described in section 6103(l)(15)(A)(ii),
of the following: `Unless the individual declines coverage or
indicates otherwise, the individual will be enrolled for the
appropriate assistance with Medicare cost-sharing under the
State plan operated under title XIX for the State in which the
individual resides.'
``(c) Notice to State.--In the case of an individual who is
identified under this section and resides in a State, the Secretary
shall provide for appropriate notice to the State of the individual's
eligibility for medical assistance under clause (i) or (iii) of section
1902(a)(10)(E), as the case may be.''.
(b) Conforming Amendment to Medicaid Program.--Section 1902 of such
Act (42 U.S.C. 1396a) is amended by adding at the end the following:
``(aa) A State shall treat an individual who is identified under
section 1147(b) as being eligible for medical assistance under clause
(i) or (ii) of subsection (a)(10)(E) as being so eligible, until the
Secretary notifies the State otherwise, with respect to medical
assistance for items and services furnished on or after the date of the
notice.''.
(c) Authorization of Disclosure.--Section 6103(l) of the Internal
Revenue Code of 1986 (relating to disclosure of returns and return
information for purposes other than tax administration) is amended by
adding at the end the following new paragraph:
``(15) Disclosure of certain information in order to
qualify for medicare cost-sharing assistance.--
``(A) In general.--The Secretary shall, upon
written request from the Commissioner of Social
Security, disclose to the Secretary of Health and Human
Services, whether with respect to any Medicare
beneficiary (as defined in paragraph (12)(E)(i))
identified by the Commissioner--
``(i) there has not been filed an income
tax return for the most recent period for which
the Secretary has information; or there has
been such a return filed and the amount of the
gross income (or the sum of such elements of
gross income as the Secretary of Health and
Human Services may specify) is below such level
(or levels) as such Secretary may specify to
carry out section 1147(b) of the Social
Security Act, treating the number of dependents
as the size of the family involved; and
``(ii) whether, for such an individual who
qualified for Medicare cost-sharing assistance
described in section 1147 at any time in the
previous year, the individual is still
described in clause (i).
``(B) Disclosure by health care financing
administration.--With respect to information disclosed
under subparagraph (A), the Administrator of the Health
Care Financing Administration may disclose to the
appropriate officials of a State responsible for
administration of a State plan under title XIX of the
Social Security Act the name, address, and TIN of the
preliminary eligibility determination.
``(C) Special rules.--
``(i) Restrictions on disclosure.--
Information may be disclosed under this
paragraph only for purposes of, and to the
extent necessary in, determining the extent to
which an individual beneficiary is entitled to
medical assistance under a State plan under
title XIX of the Social Security Act for some
or all Medicare cost-sharing.
``(ii) Timely responses to requests.--Any
request made under subparagraph (A) shall be
complied with as soon as possible but in no
event later than 60 days after the date the
request was made.''. | QMB Improvement Act of 1998 - Amends part A (General Provisions) of title XI of the Social Security Act (SSA), as well as SSA title XIX (Medicaid) and the Internal Revenue Code, to establish a mechanism for promoting the provision of Medicare cost-sharing assistance under Medicaid to eligible low-income Medicare beneficiaries. | {"src": "billsum_train", "title": "QMB Improvement Act of 1998"} | 1,465 | 78 | 0.516589 | 1.264415 | 0.847004 | 3.96875 | 20.390625 | 0.875 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``Powering American
Jobs Act of 2014''.
(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.
(c) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title, etc.
Sec. 2. Extension and modification of credit for nonbusiness energy
property.
Sec. 3. Extension of excise tax credits relating to certain fuels.
Sec. 4. Extension of credit for alternative fuel vehicle refueling
property.
Sec. 5. Extension of incentives for biodiesel and renewable diesel.
Sec. 6. Equalization of excise tax on liquefied natural gas and
liquefied petroleum gas.
SEC. 2. EXTENSION AND MODIFICATION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) In General.--Paragraph (2) of section 25C(g) is amended by
striking ``December 31, 2013'' and inserting ``December 31, 2015''.
(b) Updated Energy Star Requirements for Windows, Doors, Skylights,
and Roofing.--
(1) In general.--Paragraph (1) of section 25C(c) is amended
by striking ``which meets'' and all that follows through
``requirements)''.
(2) Energy efficient building envelope component.--
Subsection (c) of section 25C is amended by redesignating
paragraphs (2) and (3) as paragraphs (3) and (4), respectively,
and by inserting after paragraph (1) the following new
paragraph:
``(2) Energy efficient building envelope component.--The
term `energy efficient building envelope component' means a
building envelope component which meets--
``(A) applicable Energy Star program requirements,
in the case of a roof or roof products,
``(B) version 6.0 Energy Star program requirements,
in the case of an exterior window, a skylight, or an
exterior door, and
``(C) the prescriptive criteria for such component
established by the 2009 International Energy
Conservation Code, as such Code (including supplements)
is in effect on the date of the enactment of the
American Recovery and Reinvestment Tax Act of 2009, in
the case of any other component.''.
(3) Conforming amendment.--Subparagraph (D) of section
25C(c)(3), as so redesignated, is amended to read as follows:
``(D) any roof or roof products which are installed
on a dwelling unit and are specifically and primarily
designed to reduce the heat gain of such dwelling
unit.''.
(c) Separate Standards for Tankless and Storage Water Heaters.--
Subparagraph (D) of section 25C(d)(3) is amended by striking ``which
has either'' and all that follows and inserting ``which has--
``(i) in the case of a natural gas,
propane, or oil storage water heater, an energy
factor of at least 0.80 or a thermal efficiency
of at least 90 percent,
``(ii) in the case of an electric heat pump
storage water heater, an energy factor of at
least 2.0,
``(iii) effective April 16, 2015, in the
case of a natural gas, propane, or oil storage
water heater, with a rated BTU input of no more
than 75,000 BTU/hr, an energy factor of at
least 0.80 or, with a rated BTU input greater
than 75,000 BTU/hr, a thermal efficiency of at
least 90 percent,
``(iv) effective April 16, 2015, in the
case of an electric heat pump storage water
heater, with a water storage capacity equal to
or less than 55 gallons, an energy factor of at
least 2.0 or, with a water storage capacity
equal to or greater than 55 gallons, an energy
factor of at least 2.2, and
``(v) in the case of any other water
heater, an energy factor of at least 0.90 or a
thermal efficiency of at least 90 percent,
and''.
(d) Modification of Testing Standards for Biomass Stoves.--
Subparagraph (E) of section 25C(d)(3) is amended by inserting before
the period the following: ``, when tested using the higher heating
value of the fuel and in accordance with the Canadian Standards
Administration B415.1 test protocol''.
(e) Modifications to Residential Energy Property Expenditures.--
(1) Qualified natural gas, propane, or oil furnaces or hot
water boilers.--Paragraph (4) of section 25C(d) is amended to
read as follows:
``(4) Qualified natural gas, propane, or oil furnace or hot
water boiler.--The term `qualified natural gas, propane, or oil
furnace or hot water boiler' means--
``(A) a natural gas or propane furnace which
achieves an annual fuel utilization efficiency rate of
not less than 95,
``(B) a natural gas or propane hot water boiler
which achieves an annual fuel utilization efficiency
rate of not less than 90, and
``(C) an oil furnace or hot water boiler which--
``(i) achieves an annual fuel utilization
efficiency rate of not less than 87, and
``(ii)(I) in the case of a hot water
boiler, is installed with an indirect water
heater, and
``(II) in the case of a furnace, is
installed with an electronically commutated
blower motor.''.
(f) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 2013.
SEC. 3. EXTENSION OF EXCISE TAX CREDITS RELATING TO CERTAIN FUELS.
(a) Excise Tax Credits and Outlay Payments for Biodiesel and
Renewable Diesel Fuel Mixtures.--
(1) Paragraph (6) of section 6426(c) is amended by striking
``December 31, 2013'' and inserting ``December 31, 2015''.
(2) Subparagraph (B) of section 6427(e)(6) is amended by
striking ``December 31, 2013'' and inserting ``December 31,
2015''.
(b) Extension of Alternative Fuels Excise Tax Credits.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3) are
each amended by striking ``December 31, 2013'' and inserting
``December 31, 2015''.
(2) Outlay payments for alternative fuels.--Subparagraph
(C) of section 6427(e)(6) is amended by striking ``December 31,
2013'' and inserting ``December 31, 2015''.
(c) Extension of Alternative Fuels Excise Tax Credits Relating to
Liquefied Hydrogen.--
(1) In general.--Sections 6426(d)(5) and 6426(e)(3), as
amended by subsection (b), are each amended by striking
``(September 30, 2014 in the case of any sale or use involving
liquefied hydrogen)''.
(2) Outlay payments for alternative fuels.--Paragraph (6)
of section 6427(e) is amended--
(A) by striking ``except as provided in
subparagraph (D), any'' in subparagraph (C), as amended
by this Act, and inserting ``any'',
(B) by striking the comma at the end of
subparagraph (C) and inserting ``, and'', and
(C) by striking subparagraph (D) and redesignating
subparagraph (E) as subparagraph (D).
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to fuel sold or
used after December 31, 2013.
(2) Liquefied hydrogen.--The amendments made by subsection
(c) shall apply to fuels sold or used after September 30, 2014.
(e) Special Rule for Certain Periods During 2014.--Notwithstanding
any other provision of law, in the case of--
(1) any biodiesel mixture credit properly determined under
section 6426(c) of the Internal Revenue Code of 1986 for
periods after December 31, 2013, and before the date of the
enactment of this Act, and
(2) any alternative fuel credit properly determined under
section 6426(d) of such Code for such periods,
such credit shall be allowed, and any refund or payment attributable to
such credit (including any payment under section 6427(e) of such Code)
shall be made, only in such manner as the Secretary of the Treasury (or
the Secretary's delegate) shall provide. Such Secretary shall issue
guidance within 30 days after the date of the enactment of this Act
providing for a one-time submission of claims covering periods
described in the preceding sentence. Such guidance shall provide for a
180-day period for the submission of such claims (in such manner as
prescribed by such Secretary) to begin not later than 30 days after
such guidance is issued. Such claims shall be paid by such Secretary
not later than 60 days after receipt. If such Secretary has not paid
pursuant to a claim filed under this subsection within 60 days after
the date of the filing of such claim, the claim shall be paid with
interest from such date determined by using the overpayment rate and
method under section 6621 of such Code.
SEC. 4. EXTENSION OF CREDIT FOR ALTERNATIVE FUEL VEHICLE REFUELING
PROPERTY.
(a) In General.--Subsection (g) of section 30C is amended by
striking ``placed in service'' and all that follows and inserting
``placed in service after December 31, 2015.''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2013.
SEC. 5. EXTENSION OF INCENTIVES FOR BIODIESEL AND RENEWABLE DIESEL.
(a) Credits for Biodiesel and Renewable Diesel Used as Fuel.--
Subsection (g) of section 40A is amended by striking ``December 31,
2013'' and inserting ``December 31, 2015''.
(b) Effective Date.--The amendment made by this section shall apply
to fuel sold or used after December 31, 2013.
SEC. 6. EQUALIZATION OF EXCISE TAX ON LIQUEFIED NATURAL GAS AND
LIQUEFIED PETROLEUM GAS.
(a) Liquefied Petroleum Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986 is amended by striking
``and'' at the end of clause (i), by redesignating clause (ii)
as clause (iii), and by inserting after clause (i) the
following new clause:
``(ii) in the case of liquefied petroleum
gas, 18.3 cents per energy equivalent of a
gallon of gasoline, and''.
(2) Energy equivalent of a gallon of gasoline.--Paragraph
(2) of section 4041(a) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(C) Energy equivalent of a gallon of gasoline.--
For purposes of this paragraph, the term `energy
equivalent of a gallon of gasoline' means, with respect
to a liquefied petroleum gas fuel, the amount of such
fuel having a Btu content of 115,400 (lower heating
value).''.
(b) Liquefied Natural Gas.--
(1) In general.--Subparagraph (B) of section 4041(a)(2) of
the Internal Revenue Code of 1986, as amended by subsection
(a)(1), is amended by striking ``and'' at the end of clause
(ii), by striking the period at the end of clause (iii) and
inserting ``, and'' and by inserting after clause (iii) the
following new clause:
``(iv) in the case of liquefied natural
gas, 24.3 cents per energy equivalent of a
gallon of diesel.''.
(2) Energy equivalent of a gallon of diesel.--Paragraph (2)
of section 4041(a) of the Internal Revenue Code of 1986, as
amended by subsection (a)(2), is amended by adding at the end
the following:
``(D) Energy equivalent of a gallon of diesel.--For
purposes of this paragraph, the term `energy equivalent
of a gallon of diesel' means, with respect to a
liquefied natural gas fuel, the amount of such fuel
having a Btu content of 128,700 (lower heating
value).''.
(3) Conforming amendments.--Section 4041(a)(2)(B)(iv) of
the Internal Revenue Code of 1986, as redesignated by
subsection (a)(1) and paragraph (1), is amended--
(A) by striking ``liquefied natural gas,'', and
(B) by striking ``peat), and'' and inserting
``peat) and''.
(c) Effective Date.--The amendments made by this section shall
apply to any sale or use of fuel after September 30, 2014. | Powering American Jobs Act of 2014 - Amends the Internal Revenue Code to extend through 2015: (1) the tax credit for nonbusiness energy efficient improvements; (2) excise tax credits and payments for alternative fuels, biodiesel and renewable diesel fuel mixtures, and alternative fuels relating to liquefied hydrogen; (3) the tax credit for alternative fuel vehicle refueling property expenditures; and (4) the income tax credit for biodiesel and renewable fuels. Equalizes the excise tax rate for liquefied natural gas and liquefied petroleum gas. Modifies energy efficiency standards for windows, doors, skylights, roofing, water heaters, biomass stoves, and furnaces or hot water boilers. | {"src": "billsum_train", "title": "Powering American Jobs Act of 2014"} | 3,016 | 160 | 0.561585 | 1.528361 | 0.796973 | 2.637097 | 21.217742 | 0.879032 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Yerington Land Conveyance and
Sustainable Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the city of Yerington, Nevada, which has an
unemployment rate of 16 percent, has the highest unemployment
rate in the State of Nevada;
(2) for over 4 years, the city of Yerington and Lyon
County, Nevada, have been working with private business
partners to develop a sustainable development plan that would
enable all parties to benefit from the use of private land
adjacent to the city of Yerington for potential commercial and
industrial development, mining activities, recreation
opportunities, and the expansion of community and cultural
events;
(3) the sustainable development plan referred to in
paragraph (2) requires the conveyance of certain Federal land
administered by the Bureau of Land Management to the City for
consideration in an amount equal to the fair market value of
the Federal land;
(4) the Federal land to be conveyed to the City under the
sustainable development plan has very few environmental,
historical, wildlife, or cultural resources of value to the
public, but is appropriate for responsible development;
(5) the Federal land that would be conveyed to the City
under the sustainable development plan--
(A) is adjacent to the boundaries of the City; and
(B) would be used--
(i) to enhance recreational, cultural,
commercial, and industrial development
opportunities in the City;
(ii) for future economic development,
regional use, and as an open space buffer to
the City; and
(iii) to allow the City to provide critical
infrastructure services;
(6) commercial and industrial development of the Federal
land would enable the community to benefit from the
transportation, power, and water infrastructure that would be
put in place with the concurrent development of commercial and
industrial operations;
(7) the conveyance of the Federal land would--
(A) help the City and County to grow; and
(B) provide additional tax revenue to the City and
County;
(8) industrial and commercial development of the Federal
land would create thousands of long-term, high-paying jobs for
the City and County; and
(9) the Lyon County Commission and the City unanimously
approved resolutions in support of the conveyance of the
Federal land because the conveyance would facilitate a
sustainable model for long-term economic and industrial
development.
SEC. 3. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means the city of Yerington,
Nevada.
(2) Federal land.--The term ``Federal land'' means the land
located in Lyon County and Mineral County, Nevada, that is
identified on the map as ``City of Yerington Sustainable
Development Conveyance Lands''.
(3) Map.--The term ``map'' means the map entitled
``Yerington Land Conveyance and Sustainable Development Act''
and dated February 16, 2012.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, subject to valid existing rights, and notwithstanding the
land use planning requirements of sections 202 and 203 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the
Secretary shall convey to the City in exchange for consideration in an
amount equal to the fair market value of the Federal land, all right,
title, and interest of the United States in and to the Federal land
identified on the map.
(b) Appraisal To Determine of Fair Market Value.--The Secretary
shall determine the fair market value of the Federal land to be
conveyed--
(1) in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.); and
(2) based on an appraisal that is conducted in accordance
with nationally recognized appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal
Land Acquisition; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(c) Availability of Map.--The map shall be on file and available
for public inspection in the appropriate offices of the Bureau of Land
Management.
(d) Applicable Law.--Beginning on the date on which the Federal
land is conveyed to the City, the development of and conduct of
activities on the Federal land shall be subject to all applicable
Federal laws (including regulations).
(e) Administrative Costs.--The City shall be responsible for all
survey, appraisal, and other administrative costs associated with the
conveyance of the Federal land to the City under this Act. | Yerington Land Conveyance and Sustainable Development Act - Directs the Secretary of the Interior to convey to the city of Yerington, Nevada, all interest of the United States in the federal lands located in Lyon and Mineral Counties, Nevada, identified as City of Yerington Sustainable Development Conveyance Lands in exchange for consideration in an amount that is equal to their fair market value.
Makes the city of Yerington responsible for all survey, appraisal, and other administrative costs associated with the conveyance of such lands. | {"src": "billsum_train", "title": "A bill to convey certain Federal land to the city of Yerington, Nevada."} | 1,037 | 120 | 0.631051 | 1.826157 | 0.525973 | 4.365591 | 10.55914 | 0.946237 |
SECTION 1. SCHOOL RESOURCE AND SAFETY OFFICER GRANT PROGRAM.
Part AA of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797a et seq.) is amended--
(1) by striking the heading and inserting ``school security
grants'';
(2) by inserting before section 2701 the following:
``Subpart 1--Matching Grant Program for School Security'';
(3) in sections 2701 through 2705, by striking ``part''
each place that term appears and inserting ``subpart''; and
(4) by adding at the end the following:
``Subpart 2--School Resource and Safety Officer Grant Program
``SEC. 2711. DEFINITIONS.
``In this subpart--
``(1) the term `career law enforcement officer' has the
meaning given the term in section 1709;
``(2) the term `Director' means the Director of the Office
of Community Oriented Policing Services;
``(3) 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. 450b(e));
``(4) the term `school' means a public elementary or
secondary school;
``(5) the term `school resource and safety officer' means a
career law enforcement officer, with sworn authority, deployed
in community oriented policing, and assigned by the employing
police department or agency to protect schools, who works in
and around schools for not less than 75 percent of the time
that the officer is on duty (measured weekly, monthly, or
annually); and
``(6) the term `unit of local government' means a county,
municipality, town, township, village, parish, borough, or
other unit of general government below the State level.
``SEC. 2712. PROGRAM AUTHORIZED.
``(a) In General.--The Director is authorized to make grants to
units of local government and Indian tribes to provide for school
resource and safety officers at schools.
``(b) Uses of Funds.--Grants awarded under this section shall be--
``(1) distributed directly to a unit of local government or
Indian tribe; and
``(2) used to improve security at schools and on school
grounds in the jurisdiction of the recipient by hiring and
training career law enforcement officers for deployment in
schools as school resource and safety officers.
``(c) Maximum Amount Per Officer or Training Program.--
``(1) In general.--Except as provided in paragraph (2), the
amount of a grant may not exceed $200,000 for each--
``(A) school resource and safety officer proposed
to be hired; or
``(B) training program proposed to be funded.
``(2) Waiver.--The Director may issue a waiver of the
requirement under paragraph (1) for a recipient of a grant
under this subpart.
``(d) Duration.--
``(1) In general.--The Director may make available funds
under a grant under this subpart during a period of not more
than 3 fiscal years.
``(2) Renewal.--Notwithstanding paragraph (1), the Director
may continue to make available additional funds to a recipient
after all funds under the original grant have been made
available if the Director determines that--
``(A) the funds made available to the recipient
were used in a manner required under an approved
application; and
``(B) the recipient demonstrates significant
financial need.
``(e) Limitation on Use of Funds.--
``(1) Nonsupplanting.--Funds made available under this
subpart to a unit of local government shall not be used to
supplant funds of the unit of local government, or, in the case
of an Indian tribe, funds supplied by the Bureau of Indian
Affairs, and shall be used to increase the amount of funds that
would, in the absence of Federal funds received under this
subpart, be made available from the unit of local government,
or in the case of an Indian tribe, from funds supplied by the
Bureau of Indian Affairs.
``(2) Administrative costs.--The Director may reserve not
more than 2 percent from amounts appropriated to carry out this
subpart for administrative costs.
``(f) Training.--
``(1) Establishment of guidelines.--The Director shall
establish guidelines for programs that train school resource
and safety officers.
``(2) Specific requirements.--In establishing guidelines
under paragraph (1), the Director shall ensure that the
guidelines address how to--
``(A) distinguish between--
``(i) minor disciplinary infractions better
dealt with by school officials; and
``(ii) major security problems that require
law enforcement involvement; and
``(B) utilize alternatives to law enforcement
involvement in school disciplinary measures.
``(g) Equitable Distribution.--In awarding grants under this
subpart, the Director shall ensure, to the extent practicable, an
equitable geographic distribution among the regions of the United
States and among urban, suburban, and rural areas.
``SEC. 2713. APPLICATIONS.
``(a) In General.--To request a grant under this subpart, the chief
executive of a unit of local government or Indian tribe shall submit an
application to the Director at such time, in such manner, and
accompanied by such information as the Director may require.
``(b) Contents of Applications.--Each application under this
section shall--
``(1) include a detailed explanation of--
``(A) the intended uses of funds made available
under a grant; and
``(B) how the activities funded under a grant will
prevent school violence and improve student and school
safety;
``(2) describe the ability of the applicant to prevent
school violence and improve student and school safety without
Federal assistance; and
``(3) include a memorandum of understanding between the law
enforcement agency supplying the school resource and safety
officer and the grant recipient that describes the disciplinary
actions that are the exclusive responsibilities of school staff
and faculty.
``(c) Guidelines.--Not later than 90 days after the date of
enactment of this subpart, the Director shall promulgate guidelines to
implement this section.
``SEC. 2714. REPORTS.
``(a) Director Report.--Not later than November 30 of each year,
the Director shall submit to Congress a report relating to the
activities carried out under this subpart that includes, for the
preceding fiscal year--
``(1) the number of grants funded under this subpart;
``(2) the amount of funds made available under the grants
described in paragraph (1); and
``(3) the number of school resource and safety officers
that the funds described in paragraph (2) supported.
``(b) Grant Recipient Report.--For each year during which a
recipient receives funds under this subpart, the recipient shall, at a
date determined by the Director, submit to the Director a report
relating to the activities carried out by the recipient that includes
information, as determined by the Director, relating to the use of
funds.
``SEC. 2715. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
such sums as are necessary for each of fiscal years 2014 through
2023.''. | Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Office of Community Oriented Policing Services to make grants to local governments and Indian tribes to provide for school resource and safety officers at schools. Defines a "school resource and safety officer" as a career law enforcement officer who is assigned by the employing police department to protect schools and who works in and around schools for not less than 75% of the time the officer is on duty. Requires the Director to: (1) establish guidelines for programs that train school resource and safety officers, and (2) ensure an equitable geographic distribution of grants among regions of the United States and among urban, suburban, and rural areas. Limits grants to: (1) $200,000 for each officer proposed to be hired or each training program proposed to be funded, subject to a waiver; and (2) three fiscal years. Authorizes the Director to make available additional funds if the funds were used in the manner required and the recipient demonstrates significant financial need. | {"src": "billsum_train", "title": "A bill to safeguard America's schools by using community policing strategies to prevent school violence and improve student and school safety."} | 1,641 | 223 | 0.61022 | 1.660105 | 0.861493 | 4.059406 | 7.613861 | 0.930693 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Branch Financial
Accountability Act of 2004''.
SEC. 2. CONGRESS.
(a) In General.--The Senate and the House of Representatives each
shall annually have a financial statement prepared in accordance with
United States generally accepted accounting principles, and have the
statement independently audited, for the preceding calendar year
covering all the accounts and associated activities of the Senate and
the House of Representatives, respectively.
(b) Financial Statement.--Each financial statement shall reflect
the organizational structure of the Senate and House of
Representatives, respectively, and shall cover accounts and financial
information for all entities of the Senate and House of
Representatives, respectively. Joint activities shall be reflected in
the financial statement of a House of Congress to the extent that the
House funds the activities.
SEC. 3. AGENCIES.
(a) In General.--Each agency under subsection (b) shall annually
have a financial statement prepared in accordance with United States
generally accepted accounting principles, and have the statement
independently audited, for the preceding fiscal year covering all the
accounts and associated activities of the agency.
(b) The agencies referred to under subsection (a) are the--
(1) Library of Congress;
(2) Congressional Budget Office;
(3) Government Accountability Office;
(4) Government Printing Office;
(5) United States Botanic Garden;
(6) Architect of the Capitol;
(7) United States Capitol Police; and
(8) any other entity of the legislative branch established
by Congress and not required by statute to have annual
financial statements independently audited.
SEC. 4. REPORT.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, a report described under subsection (b)--
(1) shall be submitted by the Committee on Rules and
Administration of the Senate, with respect to the entities of
the Senate, to the Committee on Governmental Affairs of the
Senate;
(2) shall be submitted by the Committee on Administration
of the House of Representatives, with respect to entities of
the House of Representatives, to the Committee on Government
Reform of the House of Representatives; and
(3) shall be submitted by each legislative agency or entity
under section 3 to the--
(A) Committee on Rules and Administration of the
Senate and the Committee on Governmental Affairs of the
Senate; and
(B) Committee on Administration of the House of
Representatives and the Committee on Government Reform
of the House of Representatives.
(b) Content.--Each report under subsection (a) shall include--
(1) a plan for implementation of this Act, including
whether the establishment of an office is necessary to carry
out this Act; and
(2) recommendations, including legislative actions and
amendments to this Act, if necessary, to effectively carry out
this Act.
SEC. 5. PREPARATION AND AUDIT OF STATEMENTS.
(a) Preparation.--
(1) Congress.--Not later than 60 days after the submission
of the report under section 4, the majority leader of the
Senate in consultation with the minority leader of the Senate,
and the Speaker of the House of Representatives in consultation
with the minority leader of the House of Representatives, shall
establish offices in the Senate and the House of
Representatives, respectively, that shall prepare the financial
statements for each House required by this Act in accordance
with United States generally accepted accounting principles.
(2) Legislative agencies and entities.--Not later than 60
days after the submission of the report under section 5, the
head of each legislative agency or entity shall designate an
individual or establish an office that shall prepare the
financial statements required by this Act in accordance with
United States generally accepted accounting principles.
(b) Audit.--With respect to the financial statements of each House
of Congress and each legislative agency or other entity, the majority
leader of the Senate in consultation with the minority leader of the
Senate, the Speaker of the House of Representatives in consultation
with the minority leader of the House of Representatives, and the head
of each legislative agency or other entity, respectively, shall
provide, by contract, for an independent audit of the financial
statements required by this Act in accordance with generally accepted
government auditing standards. Not later than 45 days after the end of
the applicable fiscal year, whether calendar or fiscal, and each year
thereafter, each House of Congress and head of legislative agency or
entity shall complete and make available to the public the
independently audited financial statement.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act in fiscal year 2005, and each fiscal
year thereafter.
SEC. 7. EFFECTIVE DATES.
(a) In General.--Sections 2 and 3 shall take effect in the
applicable fiscal year, whether calendar or fiscal, during which the
office referred to in section 5 is established.
(b) Administrative Provisions.--Sections 1, 4, 5, and 6 shall take
effect on the date of enactment of this Act. | Legislative Branch Financial Accountability Act of 2004 - Requires the Senate, House of Representatives, Library of Congress, Congressional Budget Office, Government Accountability Office, Government Printing Office, U.S. Botanic Garden, Architect of the Capitol, U.S. Capitol Police, and any congressional legislative branch entity not required by statute to have annual financial statements independently audited to each have a financial statement prepared in accordance with U.S. generally accepted accounting principles, and have the statement independently audited, for the preceding calendar year covering all such entity's accounts and associated activities.
Requires the entities to report to appropriate congressional committees on: (1) the implementation of this Act, including whether the establishment of an office is necessary; and (2) recommendations, including legislative actions and amendments to this Act, if necessary, to effectively carry it out.
Sets forth requirements for the preparation and audit of the statements. | {"src": "billsum_train", "title": "A bill to provide for certain financial reporting requirements to apply to the legislative branch of the Federal Government, and for other purposes."} | 1,083 | 202 | 0.71707 | 1.989625 | 0.770855 | 4.666667 | 6.220238 | 0.916667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surgeon General Independence Act''.
SEC. 2. INDEPENDENCE OF THE SURGEON GENERAL OF THE PUBLIC HEALTH
SERVICE.
(a) In General.--Section 204 of the Public Health Service Act (42
U.S.C. 205) is amended to read as follows:
``surgeon general
``Sec. 204. (a) Appointment.--
``(1) In general.--The Surgeon General shall be appointed
for a 4-year term by the President, in accordance with
paragraph (2), by and with the advice and consent of the
Senate.
``(2) Requirements for appointment.--The Surgeon General
shall be appointed from individuals who--
``(A) are licensed physicians with specialized
training and significant experience in public health;
``(B) are, or agree upon appointment to become,
members of the Regular Corps; and
``(C) are nominated by the Secretary pursuant to
paragraph (3).
``(3) Nominations.--The Regular Corps shall submit to the
Secretary and the President a list of 6 nominees, who meet the
requirements of paragraph (2), and of whom not fewer than 3
shall be Regular Corps officers of flag rank, to fill any
existing or pending vacancy in the position of Surgeon General.
The Secretary shall forward such list to the President, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Health, Education, Labor,
and Pensions of the Senate.
``(4) Term limit.--An individual shall not serve more than
3 full terms as Surgeon General.
``(5) Grade and number.--Upon expiration of an individual's
service as the Surgeon General, the individual, unless
reappointed, shall revert to the grade and number in the
Regular Corps or Reserve Corps which the individual would have
occupied if not for such service.
``(b) Removal.--The President may only remove the Surgeon General
during a term for cause. If a Surgeon General is removed, the Secretary
shall provide to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a written explanation as to the cause for the
removal.
``(c) Line of Authority.--Notwithstanding section 201, the Surgeon
General, under the supervision and direction of the Secretary, shall
administer the Office of the Surgeon General, the Regular Corps, and
the Reserve Corps.
``(d) Budget Authority.--Notwithstanding any other provision of
law, for each fiscal year, the Surgeon General shall prepare and
submit, directly to the President for review and transmittal to the
Congress, an annual budget estimate (including the number and type of
personnel needs for the Surgeon General) for the Office of the Surgeon
General, after reasonable opportunity for comment (but without change)
by the Secretary.
``(e) Staff.--Subject to the availability of appropriations, the
provisions of this title, and applicable Federal civil service laws,
the Surgeon General shall have the authority to hire and terminate
employees of and consultants to the Office of the Surgeon General
without obtaining approval by, or clearance from, any employee of or
consultant to the Department of Health and Human Services.
``(f) Reports, Calls to Action, and Other Communications.--
``(1) In general.--The Surgeon General shall from time to
time issue reports, calls to action, and other communications
on matters of importance to the health of the American people.
``(2) Annual report.--In carrying out paragraph (1), the
Surgeon General shall submit to the Congress and make publicly
available an annual report on the state of the Nation's health.
Each such report shall include an analysis of the potential
impact of global health trends on the Nation's health.
``(3) Public health science.--The reports, calls to action,
and other communications issued under paragraphs (1) and (2)
shall be based on the Surgeon General's professional judgment
regarding the best available public health science.
``(4) Role of the secretary.--The Secretary shall have
exclusive authority to disapprove the issuance of a report,
call to action, or other communication proposed by the Surgeon
General. If the Secretary disapproves the issuance of a report,
call to action, or other communication proposed by the Surgeon
General, the Secretary shall, within 10 days of disapproval,
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate a full explanation of the reasons
for such disapproval.''.
(b) Conforming Amendment.--Section 201 of the Public Health Service
Act (42 U.S.C. 202) is amended by striking ``The Public Health
Service'' and inserting ``Subject to section 204(c), the Public Health
Service''. | Surgeon General Independence Act - Amends the Public Health Service Act to add as requirements for appointment as Surgeon General that an individual be: (1) a licensed physician; and (2) nominated by the Secretary of Health and Human Services. Requires the Regular Corps to submit to the Secretary and the President a list of six qualified nominees to fill any vacancy in the Surgeon General position.
Prohibits an individual from serving more than three full terms as Surgeon General.
Allows the President to remove a Surgeon General during a term only for cause. Requires the Secretary to provide a written explanation of such a removal to the relevant congressional committees.
Directs the Surgeon General, under the supervision and direction of the Secretary, to administer the Office of the Surgeon General, the Regular Corps, and the Reserve Corps.
Requires the Surgeon General to submit to the President an annual budget estimate for the Office of the Surgeon General, after reasonable opportunity for comment (but without change) by the Secretary.
Gives the Surgeon General authority to hire and terminate employees of and consultants to the Office of the Surgeon General without obtaining approval or clearance.
Directs the Surgeon General to: (1) issue reports, calls to action, and other communications on matters of importance to the health of the American people; and (2) submit to Congress and make publicly available an annual report on the state of the nation's health. Gives the Secretary the exclusive authority to disapprove the issuance of a report, call to action, or other communication proposed by the Surgeon General. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to ensure the independence of the Surgeon General from political interference."} | 1,097 | 338 | 0.650811 | 1.771142 | 0.86379 | 5.664452 | 3.348837 | 0.933555 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Equity Act of 2011''.
SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX
RATES.
(a) General Rule.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 is amended by adding at the end thereof the
following new paragraphs:
``(9) Regional cost-of-living adjustments.--
``(A) In general.--In the case of an individual,
the rate table otherwise in effect under this section
for any taxable year (determined after the application
of paragraph (1)) shall be further adjusted as provided
in subparagraph (B).
``(B) Method of making regional adjustment.--The
rate table otherwise in effect under this section with
respect to any individual for any taxable year shall be
adjusted as follows:
``(i) The minimum and maximum dollar
amounts otherwise in effect for each rate
bracket shall be multiplied by the applicable
multiplier (for the calendar year in which the
taxable year begins) which applies to the
statistical area in which the individual's
primary place of abode during the taxable year
is located.
``(ii) The rate applicable to any rate
bracket (as adjusted by clause (i)) shall not
be changed.
``(iii) The amount setting forth the tax
shall be adjusted to the extent necessary to
reflect the adjustments in the rate brackets.
If any amount determined under clause (i) is not a
multiple of $50, such amount shall be rounded to the
nearest multiple of $50.
``(10) Determination of multipliers.--
``(A) In general.--Not later than December 15 of
each calendar year, the Secretary shall prescribe an
applicable multiplier for each statistical area of the
United States which shall apply to taxable years
beginning during the succeeding calendar year.
``(B) Determination of multipliers.--
``(i) For each statistical area where the
cost-of-living differential for any calendar
year is greater than 125 percent, the
applicable multiplier for such calendar year is
90 percent of such differential.
``(ii) For each statistical area where the
cost-of-living differential for any calendar
year exceeds 97 percent but does not exceed 125
percent, the applicable multiplier for such
calendar year is 1.05.
``(iii) For each statistical area not
described in clause (i) or (ii), the applicable
multiplier is the cost-of-living differential
for the calendar year.
``(C) Cost-of-living differential.--The cost-of-
living differential for any statistical area for any
calendar year is the percentage determined by
dividing--
``(i) the cost-of-living for such area for
the preceding calendar year; by
``(ii) the average cost-of-living for the
United States for the preceding calendar year.
``(D) Cost-of-living for area.--
``(i) In general.--For calendar year 2010
and each calendar year thereafter, the
Secretary of Labor shall determine and publish
a cost-of-living index for each statistical
area.
``(ii) Methodology.--The cost-of-living
index determined under clause (i) for any
statistical area for any calendar year shall be
based on average market prices for the area for
the 12-month period ending on August 31 of such
calendar year. The market prices taken into
account under the preceding sentence shall be
selected and used under the same methodology as
is used by the Secretary of Labor in developing
the Consumer Price Index for All Urban
Consumers.
``(E) Statistical area.--For purposes of this
subsection the term `statistical area' means--
``(i) any metropolitan statistical area as
defined by the Secretary of Commerce, and
``(ii) the portion of any State not within
a metropolitan statistical area as so defined.
``(11) Areas outside the united states.--The area
applicable multiplier for any area outside the United States
shall be 1.''
(b) Effective Date.--
(1) In general.--The amendment made by this section shall
apply to taxable years beginning after December 31, 2011.
(2) Transition rule.--Notwithstanding section 1(f)(9)(A) of
the Internal Revenue Code (as added by this section), the date
for prescribing applicable multipliers for taxable years
beginning in calendar year 2012 shall be the date 1 year after
the date of the enactment of this Act. | Tax Equity Act of 2011 - Amends the Internal Revenue Code to provide regional cost-of-living adjustments in individual income tax rates. Directs the Secretary of Labor to determine and publish a regional cost-of-living index for each metropolitan statistical area. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for adjustments in the individual income tax rates to reflect regional differences in the cost-of-living."} | 1,008 | 55 | 0.512127 | 1.041226 | 0.719444 | 5.102041 | 19.387755 | 0.938776 |
SECTION 1. EMPOWERING FUTURE ENTREPRENEURS.
Title V of the Elementary and Secondary Education Act of 1965 is
amended--
(1) by striking the title heading and inserting the
following:
``TITLE V--PROMOTING EQUITY AND EMPOWERMENT''; and
(2) by adding at the end the following new part:
``PART D--EMPOWERING FUTURE ENTREPRENEURS
``SEC. 5401. SHORT TITLE AND FINDINGS.
``(a) Short Title.--This part may be cited as the ``Future
Entrepreneurs of America Act''.
``(b) Findings.--The Congress finds the following:
``(1) In order to reach their career goals in our dynamic
American economy, young people need to take personal
responsibility to obtain the skills, knowledge, constructive
attitudes, and experiences that will enable them to function as
creative, self-confident participants in the workforce.
``(2) Research has found that 69 percent of high school
students are interested in starting their own businesses and 85
percent of such students wish their schools would do more to
provide experiences in entrepreneurship and starting a
business.
``(3) States have begun to express increased interest in
entrepreneurship education. State educational leaders are
recognizing that self-employment is a viable career option for
young people and are exploring ways to better prepare them to
own and operate their own businesses.
``(4) As part of a lifelong learning process,
entrepreneurship education helps to increase the motivation of
young people to learn, helps them develop a sense of individual
opportunity, enhances their personal growth, helps them develop
an appreciation of the importance of innovation, helps develop
their problem solving and leadership skills, helps them learn
to manage their finances, and helps them develop the sort of
optimistic outlook and self-reliant attitudes that will benefit
them for their entire working lives.
``(5) Entrepreneurship education integrates instruction in
economic literacy, including how the economy functions, the
workings of the social security system, and the importance of
personal savings.
``(6) The entrepreneurs and inventors of tomorrow are in
our schools today. The entrepreneurial spirit needs to be
nurtured at all levels of our Nation's educational system
beginning with students in grades 7 through 12.
``SEC. 5402. STATE GRANT PROGRAM.
``(a) Authority.--In any fiscal year in which the appropriations
under section 5408(a) equal or exceed $50,000,000, the Secretary shall
make grants to States from allocations under subsection (d) to enable
them to carry out entrepreneurship education programs for students in
grades 7 through 12.
``(b) Agency To Receive Grant.--A grant award to a State under
subsection (a) shall be made to the State educational agency.
``(c) State Plan.--
``(1) Approved state plan required.--No State shall receive
a grant under subsection (a) unless it has submitted to the
Secretary a plan, which the Secretary has approved.
``(2) State plan contents.--The State plan described in
paragraph (1) shall include--
``(A) a description of how the State will use a
grant;
``(B) a description of how the programs supported
by a grant will--
``(i) involve the business community; and
``(ii) be coordinated with other relevant
Federal, State, regional, and local programs;
and
``(C) a description of how the State will evaluate
program performance.
``(d) Allocation of Funds.--
``(1) Allocation factors.--Except as otherwise provided in
paragraph (2), the Secretary shall allocate the amounts made
available to carry out this section pursuant to subsection (a)
to each State according to the relative populations in all the
States of students in grades 7 through 12, as determined by the
Secretary based on the most recent satisfactory data.
``(2) Minimum allocation.--Subject to the availability of
appropriations and notwithstanding paragraph (1), a State that
has submitted an approved plan under subsection (c) shall be
allocated an amount not less than $400,000 for a fiscal year.
``(3) Reallocation.--In any fiscal year an allocation under
this subsection--
``(A) for a State that has not submitted a plan
under subsection (c); or
``(B) for a State whose plan submitted under
subsection (c) has been disapproved by the Secretary;
shall be reallocated to the remaining States in accordance with
paragraph (1).
``(e) Use of Grant Funds.--
``(1) Required uses.--A grant made to a State under
subsection (a) shall be used--
``(A) to provide funds to local educational
agencies and public schools to carry out
entrepreneurship education programs for students in
grades 7 through 12 based on the concept of lifelong
learning necessary to encourage the entrepreneurial
spirit; and
``(B) to monitor and evaluate programs supported
under subparagraph (A).
``(2) Permissible use.--A grant made to a State under
subsection (a) may be used for professional development that
helps to prepare teachers and administrators for
entrepreneurial education.
``(3) Limitation on administrative costs.--A State
receiving a grant under subsection (a) may use not more than 4
percent of the total amount of the grant in each fiscal year
for the administrative costs of carrying out this section.
``(f) Report to the Secretary.--Each agency receiving a grant as
described in subsection (b) shall transmit a report to the Secretary
with respect to each fiscal year for which a grant was received. The
report shall describe the programs supported by the grant and the
results of the State's monitoring and evaluation of such programs.
``SEC. 5403. DIRECT LOCAL GRANT PROGRAM.
``In any fiscal year in which the appropriations under section
5408(a) are less than $50,000,000, the Secretary may make grants
directly to local educational agencies and public schools to provide
entrepreneurship education to students in grades 7 through 12.
``SEC. 5404. CLEARINGHOUSE.
``(a) Authority.--The Secretary shall make a grant to or execute a
contract with an organization or institution with substantial
experience in the field of entrepreneurship education to establish,
operate, and maintain a national clearinghouse (in this part referred
to as the ``Clearinghouse'') for instructional materials and
information regarding exemplary entrepreneurship education programs and
best practices.
``(b) Application.--An organization or institution desiring to
establish, operate, and maintain the Clearinghouse shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may reasonably
require.
``(c) Basis and Term.--The Secretary shall make the grant or
contract authorized by subsection (a) on a competitive, merit basis for
a term of 5 years.
``(d) Use of Funds.--The Clearinghouse shall use the funds provided
under a grant or contract made under subsection (a)--
``(1) to maintain a repository of instructional materials
and related information regarding entrepreneurship education
programs for secondary schools, including middle schools, for
use by States, localities, and the general public;
``(2) to disseminate to States, localities, and the general
public, through electronic and other means, instructional
materials and related information regarding entrepreneurship
education programs for secondary schools, including middle
schools; and
``(3) to the extent that resources allow, to provide
technical assistance to States, localities, and the general
public on the design, establishment, and implementation of
entrepreneurship education programs for secondary schools,
including middle schools.
``(e) Consultation.--The Clearinghouse shall consult with the Small
Business Administration with respect to its activities under subsection
(d).
``(f) Submission to Clearinghouse.--Each Federal agency or
department that develops entrepreneurship education programs or
instructional materials for such programs shall submit to the
Clearinghouse information on the programs and copies of the materials.
``(g) Application of Copyright Laws.--In carrying out this section
the Clearinghouse shall ensure compliance with title 17, United States
Code.
``SEC. 5405. EVALUATION.
``(a) Performance Measures.--The Secretary shall develop measures
to evaluate the performance of programs assisted under sections 5402
and 5403.
``(b) Evaluation According to Performance Measures.--Applying the
performance measures developed under subsection (a), the Secretary
shall evaluate programs assisted under sections 5402 and 5403--
``(1) to judge their performance and effectiveness;
``(2) to identify which of the programs represent the best
practices of entities developing entrepreneurship education
programs for students in grades 7 through 12; and
``(3) to identify which of the programs can be replicated
and used to provide technical assistance to States, localities,
and the general public.
``SEC. 5406. REPORT TO THE CONGRESS.
``For each fiscal year for which there are appropriations under
section 5408(a), the Secretary shall transmit a report to the Congress
describing the status of the implementation of this part. The report
shall include the results of the evaluation required by section 5405
and a description of the programs supported under sections 5402 and
5403.
``SEC. 5407. DEFINITIONS.
``In this part--
``(1) the term `entrepreneurship education' means
educational activities and experiences, planned and supervised
by qualified teachers, that enable students to explore business
ownership opportunities, acquire the skills and knowledge
necessary to start a business, and develop a range of
entrepreneurial competencies that will help them to explore and
identify their lifelong career goals as business owners or as
competent employees; and
``(2) the term `qualified teacher' means a teacher who
holds a valid teaching certification or is considered to be
qualified by the State educational agency in the State in which
the teacher works.
``SEC. 5408. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--For the purposes of carrying out this part,
there are authorized to be appropriated $60,000,000 for each of the
fiscal years 1999 through 2004.
``(b) Limitation on Funds for Clearinghouse.--The Secretary may use
not less than 2 percent and not more than 5 percent of amounts
appropriated under subsection (a) for each fiscal year to carry out
section 5404.
``(c) Limitation on Funds for Secretary's Evaluation.--The
Secretary may use not more than $200,000 from the amounts appropriated
under subsection (a) for each fiscal year to carry out section 5405.
``(d) Limitation on Administrative Costs.--Except as necessary to
carry out section 5405 using amounts described in subsection (c), the
Secretary shall not use any portion of the amounts appropriated under
subsection (a) for the costs of administering this part.
``(e) Funds for Grants.--For each fiscal year the Secretary shall
use all amounts appropriated under subsection (a), other than the
amounts described in subsections (b) and (c), only for grants under
section 5402 or 5403.''. | Future Entrepreneurs of America Act - Amends the Elementary and Secondary Education Act of 1965 to establish a program for youth entrepreneurship education.
Directs the Secretary of Education to make grants to States for entrepreneurship education and training programs for students in grades seven through 12 (programs). Requires such grants to States in any fiscal year in which appropriations under this Act equal or exceed a specified amount.
Sets forth requirements for: (1) State plans; (2) grant allocations to States; (3) use of funds for local programs and for State monitoring, evaluation, and administrative costs; and (4) State reports.
Authorizes the Secretary to make direct grants to local educational authorities and public schools for such programs, in any fiscal year for which appropriations do not reach the level required for grants to States.
Directs the Secretary to make a competitive grant or contract for a national clearinghouse for instructional materials and information regarding exemplary entrepreneurship education and training programs and best practices.
Directs the Secretary to develop performance measures and evaluate programs assisted under this Act.
Authorizes appropriations. | {"src": "billsum_train", "title": "Future Entrepreneurs of America Act"} | 2,431 | 229 | 0.516983 | 1.419049 | 0.746028 | 2.314286 | 10.966667 | 0.904762 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jesse Gray Housing Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the number of rental dwelling units available for lower
income families is insufficient, and the physical condition of
a substantial portion of such dwelling units is inadequate;
(2) Federal housing assistance programs, such as rent
subsidies, vouchers, and other rental and mortgage assistance,
too frequently assist middle and higher income families and do
not meet the demand for housing by lower income families;
(3) such Federal housing assistance programs are not cost-
effective, due to a lack of suitable rental dwelling units
available for lower income families; and
(4) a significant number of families are paying more than
25 percent of their monthly income for rent.
(b) Purposes.--The purposes of this Act are--
(1) to ensure that all families in the United States have
access to rental dwelling units at rents that are not more than
25 percent of their monthly income, and that such rental
dwelling units are decent, safe, and sanitary;
(2) to ensure that all funds for housing assistance by the
Federal Government benefit lower income families by requiring
the Secretary of Housing and Urban Development to propose that
Federal housing assistance be limited to lower income families;
and
(3) to encourage the establishment of a public housing
system that consists of--
(A) projects located throughout metropolitan and
rural areas;
(B) low-density projects, to the extent
practicable; and
(C) dwelling units that are visually
indistinguishable from comparable privately owned
dwelling units.
SEC. 3. CONSTRUCTION OF PUBLIC HOUSING.
Section 5 of the United States Housing Act of 1937 (42 U.S.C.
1437c) is amended by adding at the end the following new subsection:
``(m)(1) The Secretary shall carry out a program for the
construction of 500,000 new dwelling units in public housing during
each of the fiscal years 1998 through 2007.
``(2) There are authorized to be appropriated to carry out this
subsection such sums as may be necessary for each of the fiscal years
1998 through 2007. Any amount appropriated under this paragraph shall
remain available until expended.''.
SEC. 4. REVITALIZATION OF PUBLIC HOUSING.
Section 14(b) of the United States Housing Act of 1937 (42 U.S.C.
1437l(b)) is amended by adding at the end the following new paragraph:
``(3)(A) To the extent approved in appropriation Acts and subject
to subparagraph (B), the Secretary shall make available and contract to
make available financial assistance under this subsection, in addition
to financial assistance made available under paragraphs (1) and (2). In
making assistance available under this paragraph, the Secretary shall
give particular preference to public housing agencies requesting such
assistance for public housing projects that the Secretary determines
would likely have been subject to demolition or disposition under
section 18, as such section was in effect before the date of the
enactment of the Jesse Gray Housing Act.
``(B) For purposes of this paragraph, the aggregate amount of
budget authority that may be obligated for contracts for annual
contributions is increased on October 1 of each of the years 1997
through 2006 by the amount necessary to provide for the revitalization
of 100,000 dwelling units in public housing during each of the fiscal
years 1998 through 2007, respectively.''.
SEC. 5. PROHIBITION OF DEMOLITION AND DISPOSITION OF PUBLIC HOUSING.
(a) In General.--Section 18(a) of the United States Housing Act of
1937 (42 U.S.C. 1437p(a)) is amended by striking ``The Secretary'' and
all that follows and inserting the following: ``The Secretary may not
authorize any public housing agency to demolish or dispose of any
public housing project or any portion of a public housing project.''.
(b) Conforming Amendments.--Section 18 of the United States Housing
Act of 1937 is amended--
(1) by striking subsections (b), (c), (e), and (f);
(2) in subsection (d), by striking ``without obtaining the
approval of the Secretary and satisfying the conditions
specified in subsections (a) and (b)''; and
(3) by redesignating subsections (d) and (g) as subsections
(b) and (c), respectively.
SEC. 6. TENANT RENT CONTRIBUTIONS.
(a) Lower Income Housing Under the United States Housing Act of
1937.--The United States Housing Act of 1937 is amended--
(1) in section 3(a)(1)(A) (42 U.S.C. 1437a(a)(1)(A)), by
striking ``30'' and inserting ``25'';
(2) in section 8(o) (42 U.S.C. 1437f(o)), by striking
``30'' each place it appears and inserting ``25'';
(3) in section 8(u)(2) (42 U.S.C. 1437f(u)(2)), by striking
``30'' and inserting ``25'';
(4) in section 8(y)(2)(A) (42 U.S.C. 1437f(y)(2)(A)), by
striking ``30'' and inserting ``25'';
(5) in section 16(d)(1) (42 U.S.C. 1437n(d)(1)), by
striking ``30'' and inserting ``25'';
(6) in section 23(d) (42 U.S.C. 1437u(d)), by striking
``30'' each place it appears and inserting ``25''; and
(7) in section 304(b) (42 U.S.C. 1437aaa-3(b)), by striking
``30'' and inserting ``25''.
(b) Public Housing Mixed Income New Communities Strategy
Demonstration.--Section 521(e)(4) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 1437f note) is amended by striking
``30'' and inserting ``25''.
(c) Supportive Housing for the Elderly.--Section 202(c)(3) of the
Housing Act of 1959 (12 U.S.C. 1701q(c)(3)) is amended by striking
``30'' and inserting ``25''.
(d) Supportive Housing for Persons With Disabilities.--Section
811(d)(3) of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8013(d)(3)) is amended by striking ``30'' and inserting ``25''.
(e) HOME Program.--Section 215(a) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12745(a)) is amended by striking
``30'' each place it appears and inserting ``25''.
(f) Rent Supplements.--Section 101(d) of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s(d)) is amended by striking
``30'' and inserting ``25''.
(g) Rental and Cooperative Housing for Lower Income Families.--
Section 236(f) of the National Housing Act (12 U.S.C. 1715z-1(f)) is
amended--
(1) in paragraphs (1), (2), and (5)(A)(i), by striking
``30'' each place it appears and inserting ``25''; and
(2) in paragraph (1)(ii), by striking ``25'' and inserting
``20''.
(h) Multifamily Property Disposition.--Section 203 of the Housing
and Community Development Amendments of 1978 (12 U.S.C. 1701z-11) is
amended by striking ``30'' each place it appears in subsections (b)(5)
and (g) and inserting ``25''.
(i) Transitional Provisions.--Section 206(d)(6) of the Housing and
Urban-Rural Recovery Act of 1983 (42 U.S.C. 1437a note) is amended by
striking ``30'' and inserting ``25''.
(j) Low-Income Housing Preservation and Resident Homeownership Act
of 1990.--The Low-Income Housing Preservation and Resident
Homeownership Act of 1990 is amended--
(1) in section 218(a)(1)(A) (12 U.S.C. 4108(a)(1)(A)), by
striking ``30'' and inserting ``25''; and
(2) in subparagraphs (D) and (E)(iii) of section 222(a)(2)
(12 U.S.C. 4112(a)(2)), by striking ``30'' each place it
appears and inserting ``25''.
(k) State Preservation Project Assistance.--Section 613(b)(2) of
the Cranston-Gonzalez National Affordable Housing Act (12 U.S.C.
4125(b)(2)) is amended by striking ``30'' and inserting ``25''.
(l) Preserving Existing Housing Investment.--The item relating to
``Housing Programs--preserving existing housing investment'' in title
II of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997 (12
U.S.C. 4101 note) is amended by striking ``30'' and inserting ``25''.
(m) Emergency Low Income Housing Preservation Act of 1987.--In
carrying out the provisions of the Emergency Low Income Housing
Preservation Act of 1987 (12 U.S.C. 1715l note) pursuant to section 604
of the Cranston-Gonzalez National Affordable Housing Act, each
reference in such provisions to 30 percent of adjusted income shall be
considered to refer to 25 percent of adjusted income.
(n) HOPE Homeownership Programs.--Sections 424(b) and 444(b) of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12874(b),
12894(b)) are each amended by striking ``30'' and inserting ``25''.
(o) Native American Housing Assistance.--Section 203(a)(2) of the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4133(a)(2)) is amended by striking ``30'' and inserting
``25''.
(p) FHA-Insured Assisted Housing.--Section 221 of the National
Housing Act (12 U.S.C. 1715l) is amended by striking ``30'' and
inserting ``25'' in each of the following provisions:
(1) Subparagraph (A) of the last undesignated paragraph of
subsection (f).
(2) Subsection (l)(1).
(q) Affordable Housing Goals for Federal Housing Enterprises.--
Sections 1332(c)(2) and 1333(c)(2) of the Housing and Community
Development Act of 1992 (12 U.S.C. 4562(c)(2), 4563(c)(2)) are each
amended by striking ``30'' and inserting ``15''.
(r) Rural Housing for Lower Income Families.--The Housing Act of
1949 (42 U.S.C. 1471 et seq.) is amended by striking ``30'' and
inserting ``25'' each place it appears in each of the following
sections:
(1) Section 521(a).
(2) Section 530.
(3) Section 542(a).
(s) Federal Home Loan Bank Act.--The Federal Home Loan Bank Act is
amended by striking ``30'' and inserting ``25'' in each of the
following sections:
(1) Section 10(j)(13)(D) (12 U.S.C. 140(j)(13)(D)).
(2) Section 21A(c) (12 U.S.C. 1441a(c))--
(A) in paragraph (4)(A); and
(B) in paragraph (14)(G).
(t) Federal Deposit Insurance Act.--Section 40 of the Federal
Deposit Insurance Act (12 U.S.C. 1831q) is amended by striking ``30''
and inserting ``25'' in each of the following subsections:
(1) Subsection (e)(1).
(2) Subsection (n)(7).
(u) Community Development Block Grants.--Section
104(d)(2)(A)(iii)(I) of the Housing and Community Development Act of
1974 (42 U.S.C. 5304(d)(2)(A)(iii)(I)) is amended by striking ``30''
and inserting ``25''.
(v) New Towns Emergency Relief Demonstration.--Sections 1103(c)(4)
and 1106(d)(1)(A)(iii)(I) of the Housing and Community Development Act
of 1992 (42 U.S.C. 5318 note) are each amended by striking ``30'' and
inserting ``25''.
(w) Exclusion of Certain Income.--Notwithstanding any other
provision of law, for purposes of determining the monthly contribution
to be made by a family under the provisions amended by this section,
the adjusted income of a family shall exclude any income attributable
to any cost-of-living adjustment made after the effective date of this
section in--
(1) any welfare assistance received by such family from a
public agency; or
(2) any benefits received by such family under the Social
Security Act.
(x) Effective Date.--The provisions of, and amendments made by,
this section shall take effect on October 1, 1997.
SEC. 7. REPORT REGARDING FEDERAL HOUSING ASSISTANCE.
The Secretary of Housing and Urban Development, following
consultation with public housing agencies, shall prepare and submit to
the Congress a comprehensive report setting forth a proposal to limit
Federal housing assistance to assistance for public housing in order to
ensure that all funds for housing assistance provided by the Federal
Government benefit lower income families. | Jesse Gray Housing Act - Amends the United States Housing Act of 1937 to direct the Secretary of Housing and Urban Development to carry out a program to construct new public housing units. Authorizes appropriations.
Requires the Secretary to make financial assistance available for public housing projects, especially those likely to be disposed of or demolished.
Prohibits the Secretary from approving a project demolition application.
Reduces lower-income rent contribution and related amounts under: (1) the United States Housing Act of 1937; (2) the Cranston-Gonzalez National Affordable Housing Act; (3) the Housing Act of 1959; (4) the Housing and Urban Development Act of 1965; (5) the National Housing Act; (6) the Housing and Community Development Amendments of 1978; (7) the Housing and Urban-Rural Recovery Act of 1983; (8) the Low-Income Housing Preservation and Resident Homeownership Act of 1990; (9) the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, (10) the Native American Housing Assistance and Self-Determination Act of 1996; (11) the Housing and Community Development Act of 1992; (12) the Housing Act of 1949; (13) the Federal Home Loan Bank Act; (14) the Federal Deposit Insurance Act; (15) the Housing and Community Development Act of 1974; and (16) the Housing and Community Development Act of 1992. Excludes welfare or social security cost-of-living adjustments from such adjusted income determinations.
Directs the Secretary to prepare a Federal housing assistance report. | {"src": "billsum_train", "title": "Jesse Gray Housing Act"} | 3,231 | 334 | 0.565906 | 1.613314 | 0.753336 | 3.73871 | 8.319355 | 0.912903 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare-Guaranteed Prescription
Drug Act of 2006''.
SEC. 2. ESTABLISHMENT OF MEDICARE-GUARANTEED PRESCRIPTION DRUG PLAN
OPTION.
(a) In General.--Subpart 2 of part D of the Social Security Act (42
U.S.C. 1395w-111 et seq.) is amended by inserting after section 1860D-
11 the following new section:
``medicare-guaranteed prescription drug plan option
``Sec. 1860D-11A. (a) In General.--Notwithstanding any other
provision of this part, for each year (beginning with 2007), the
Secretary shall--
``(1) in addition to any plans offered under section 1860D-
11, offer a Medicare-Guaranteed Prescription Drug Plan (as
defined in subsection (c)) with a service area that consists of
the entire United States; and
``(2) enter into negotiations with pharmaceutical
manufacturers to reduce the purchase cost of covered part D
drugs under such Plan for eligible part D individuals in
accordance with subsection (b).
``(b) Negotiations.--Notwithstanding section 1860D-11(i), for
purposes of offering the Medicare-Guaranteed Prescription Drug Plan
under this section, the Secretary shall negotiate with pharmaceutical
manufacturers with respect to the purchase price of covered part D
drugs and shall encourage the use of more affordable therapeutic
equivalents to the extent such practices do not override medical
necessity as determined by the prescribing physician. To the extent
practicable and consistent with the previous sentence, the Secretary
shall implement strategies similar to those used by other Federal
purchasers of prescription drugs, and other strategies, to reduce the
purchase cost of covered part D drugs.
``(c) Medicare-Guaranteed Prescription Drug Plan Defined.--For
purposes of this part, the term `Medicare-Guaranteed Prescription Drug
Plan' means a prescription drug plan that offers standard prescription
drug coverage and access to negotiated prices described in section
1860D-2(a)(1)(A).
``(d) Monthly Beneficiary Premium.--The monthly beneficiary premium
to be charged under a Medicare-Guaranteed Prescription Drug Plan shall
be uniform nationally and shall be equal to the base beneficiary
premium (computed under section 1860D-13(a)(2)) applicable for the
year.''.
(b) Sunset of Unnecessary Plan Requirement and Fallback Plan
Provisions.--
(1) Plan requirement.--Section 1860D-3 of the Social
Security Act (42 U.S.C. 1395w-103) is amended by adding at the
end the following new subsection:
``(c) Provisions Only Applicable in 2006.--The provisions of this
section shall only apply with respect to 2006.''.
(2) Fallback.--Section 1860D-11(g) of such Act (42 U.S.C.
1395w-111(g)) is amended by adding at the end the following new
paragraph:
``(8) No authority for fallback plans after 2006.--A
fallback prescription drug plan shall not be available after
December 31, 2006.''.
(c) Conforming Amendments.--
(1) Application of limited risk plans.--Section 1860D-11(f)
of the Social Security Act (42 U.S.C. 1395w-111(f)) is amended
by adding at the end the following new paragraph:
``(5) No authority for limited risk plans after 2006.--A
limited risk plan shall not be available after December 31,
2006.''.
(2) Annual report.--Section 1860D-11(h) of such Act (42
U.S.C. 1395w-111(h)) is amended--
(A) in the heading, by striking ``Annual'';
(B) in the first sentence--
(i) by striking ``an annual'' and inserting
``a''; and
(ii) by inserting ``during 2006'' before
the period at the end; and
(C) by striking the second sentence.
(3) Collection of monthly beneficiary premiums.--Section
1860D-13(c)(3) of such Act (42 U.S.C. 1395w-113(c)(3)) is
amended--
(A) in the heading, by inserting ``and medicare-
guaranteed prescription drug plans'' after ``Fallback
plans''; and
(B) by inserting ``or a Medicare-Guaranteed
Prescription Drug Plan'' after ``a fallback
prescription drug plan''.
(4) Payments from medicare prescription drug account.--
Section 1860D-16(b)(1) of such Act (42 U.S.C. 1395w-116(b)(1))
is amended--
(A) in subparagraph (C), by striking ``and'' after
the semicolon at the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) payments for expenses incurred with respect
to the operation of Medicare-Guaranteed Prescription
Drug Plans under section 1860D-11A.''.
(5) Definitions.--Section 1860D-41(a) of such Act (42
U.S.C. 141(a)) is amended by adding at the end the following
new paragraph:
``(19) Medicare-guaranteed prescription drug plan.--The
term `Medicare-Guaranteed Prescription Drug Plan' has the
meaning given such term in section 1860D-11A(c).''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 3. IMPROVEMENT OF PART D STANDARD PRESCRIPTION DRUG COVERAGE.
(a) Deductible Same as Part B.--
(1) In general.--Section 1860D-2(b)(1) of the Social
Security Act (42 U.S.C. 1395w-102(b)(1)) is amended to read as
follows:
``(1) Deductible.--The coverage has an annual deductible
that is equal to amount of the deductible applicable for the
year under the first sentence of section 1833(b).''.
(2) Conforming amendment.--Section 1860D-22(a)(3)(B)(ii) of
such Act (42 U.S.C. 1395w-132(a)(3)(B)(ii)) is amended by
striking ``as the annual deductible'' and all that follows
through the period and inserting ``the annual out-of-pocket
threshold is annually adjusted under section 1860D-2(b)(4)(B),
except that in the case of the cost threshold, if such amount
is not a multiple of $5, it shall be rounded to the nearest
$5.''
(b) Reduced Coinsurance.--
(1) In general.--Section 1860D-2(b)(2) of the Social
Security Act (42 U.S.C. 1395w-102(b)(2))--
(A) in the heading, by striking ``25 percent'' and
inserting ``20 percent''; and
(B) in clauses (i) and (ii), by striking ``25
percent'' and inserting ``20 percent''.
(2) Low-income subsidy.--Section 1860D-14(a)(2)(D) of such
Act (42 U.S.C. 1395w-114(a)(2)(D)) is amended--
(A) by striking ``15 percent'' and inserting ``10
percent''; and
(B) by striking ``25 percent'' and inserting ``20
percent''.
(c) Elimination of Coverage Gap.--
(1) In general.--
(A) In general.--Paragraph (3) of section 1860D-
2(b) of the Social Security Act (42 U.S.C. 1395w-
102(b)) is repealed.
(B) Revision of benefit structure.--Section 1860D-
2(b)(2)(A) of such Act (42 U.S.C. 1395w-102(b)(2)(A))
is amended by striking ``and up to the initial coverage
limit under paragraph (3)'' and inserting ``and up to
the point at which the annual out-of-pocket threshold
is reached under paragraph (4)'' in the matter
preceding clause (i).
(2) Conforming amendments.--
(A) Supplemental prescription drug coverage.--
Section 1860D-2(a)(2)(A)(i)(I) of such Act (42 U.S.C.
1395w-102(a)(2)(A)(i)(I)) is amended--
(i) by striking ``deductible,'' and
inserting ``deductible or'';
(ii) by striking ``, or an increase in the
initial coverage limit''; and
(iii) by striking ``or increase''.
(B) Catastrophic.--Section 1860D-2(b)(4)(C)(i) of
such Act (42 U.S.C. 1395w-102(b)(4)(C)(i)) is amended--
(i) by striking ``paragraph (1),'' and
inserting ``paragraph (1) or''; and
(ii) by striking ``and for amounts for
which benefits are not provided because of the
application of the initial coverage limit
described in paragraph (3),''.
(C) Alternative prescription drug coverage.--
Section 1860D-2(c)(1)(C) of such Act (42 U.S.C. 1395w-
102(c)(1)(C)) is amended--
(i) in the heading by striking ``initial
coverage limit'' and inserting ``out-of-pocket
threshold''; and
(ii) by striking ``the initial coverage
limit under subsection (b)(3)'' each place it
appears and inserting ``the out-of-pocket
threshold under subsection (b)(4)''.
(D) Access to negotiated prices.--Section 1860D-
2(d)(1)(A) of such Act (42 U.S.C. 1395w-102(d)(1)(A))
is amended by striking ``or an initial coverage limit
(described in subsection (b)(3))''.
(E) Claims information.--Section 1860D-
4(a)(4)(B)(i) of such Act (42 U.S.C. 1395w-
104(a)(4)(B)(i)) is amended by striking ``relation to--
'' and all that follows through ``the annual'' and
inserting ``relation to the annual''.
(F) Low-income subsidies.--Section 1860D-14(a) of
such Act (42 U.S.C. 1395w-114(a)) is amended by
striking subparagraph (C) of paragraphs (1) and (2).
(G) Definition.--Section 1860D-41(a)(6) of such Act
(42 U.S.C. 1395w-151(a)(6)) is repealed.
(d) Elimination of Cost-Sharing Above Annual Out-of-Pocket
Threshold.--
(1) In general.--Section 1860D-2(b)(4)(A) of the Social
Security Act (42 U.S.C. 1395w-102(b)(4)(A)) is amended to read
as follows:
``(A) In general.--The coverage provides benefits,
after the part D eligible individual has incurred costs
(as described in subparagraph (C)) for covered part D
drugs in a year equal to the annual out-of-pocket
threshold specified in subparagraph (B), without any
cost-sharing.''.
(2) Conforming amendments.--Paragraphs (1) and (2) of
section 1860D-14(a) of such Act (42 U.S.C. 1395w-114(a)) are
each amended by striking subparagraph (E).
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2007. | Medicare-Guaranteed Prescription Drug Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to provide for a Medicare-guaranteed prescription drug plan option that offers standard prescription drug coverage and access to negotiated prices.
Revises requirements for part D standard prescription drug coverage. Provides for an annual deductible equal to the deductible for Medicare part B (Supplementary Medical Insurance) and for reduced coinsurance. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under the Medicare program."} | 2,856 | 116 | 0.552022 | 1.266423 | 0.567642 | 3.367816 | 23.896552 | 0.885057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Sprinkler Incentive Act of
2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) since the publication of the original study and
comprehensive list of recommendations in America Burning,
written in 1974, requested advances in fire prevention through
the installation of automatic sprinkler systems in existing
buildings have yet to be fully implemented;
(2) fire departments responded to approximately 1,700,000
fires in 2001;
(3) there were 3,745 non-terrorist related deaths in the
United States and almost 21,000 civilian injuries resulting
from fire in 2001;
(4) 99 firefighters were killed in 2001, excluding the
terrorist acts on September 11th;
(5) fire caused $8,900,000,000 in direct property damage in
2001, and sprinklers are responsible for a 43 to 70 percent
reduction in property damage from fires in public assembly,
educational, residential, commercial, industrial and
manufacturing buildings;
(6) fire departments respond to a fire every 18 seconds, a
fire breaks out in a structure every 60 seconds and in a
residential structure every 80 seconds in the United States;
(7) the Station Nightclub in West Warwick, Rhode Island,
did not contain an automated sprinkler system and burned down,
killing 99 people on February 20, 2003;
(8) due to an automated sprinkler system, not a single
person was injured from a fire beginning in the Fine Line Music
Cafe in Minneapolis after the use of pyrotechnics on February
17, 2003;
(9) the National Fire Protection Association has no record
of a fire killing more than 2 people in a completely
sprinklered public assembly, educational, institutional or
residential building where the system was properly installed
and fully operational;
(10) sprinkler systems dramatically improve the chances of
survival of those who cannot save themselves, specifically
older adults, young children and people with disabilities;
(11) the financial cost of upgrading fire counter measures
in buildings built prior to fire safety codes is prohibitive
for most property owners;
(12) many State and local governments lack any requirements
for new structures to contain automatic sprinkler systems;
(13) under the present straight-line method of
depreciation, there is a disincentive for building safety
improvements due to an extremely low rate of return on
investment; and
(14) the Nation is in need of incentives for the voluntary
installation and retrofitting of buildings with automated
sprinkler systems to save the lives of countless individuals
and responding firefighters as well as drastically reduce the
costs from property damage.
SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to 5-year property) is amended
by striking ``and'' at the end of clause (V), by striking the period at
the end of clause (vi) and inserting ``, and '', and by adding at the
end the following:
``(vii) any automatic fire sprinkler system
placed in service after the date of the
enactment of this clause in a building
structure which was placed in service before
such date of enactment.''.
(b) Alternative Sysem.--The table contained in section 168(g)(3)(B)
of the Internal Revenue Code of 1986 is amended by inserting after the
third item the following:
``(B)(vii).................................................. 7''.
(c) Definition of Automatic Fire Sprinkler System.--Subsection (i)
of section 168 of the Internal Revenue Code of 1986 is amended by
adding at the end the following:
``(15) Automated fire sprinkler system.--The term
`automated fire sprinkler system' means those sprinkler systems
classified under one or more of the following publications of
the National Fire Protection Association--
``(A) NFPA 13, Installation of Sprinkler Systems,
``(B) NFPA 13 D, Installation of Sprinkler Systems
in One and Two Family Dwellings and Manufactured Homes,
and
``(C) NFPA 13 R, Installation of Sprinkler Systems
in Residential Occupancies up to and Including Four
Stories in Height.''.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act. | Fire Sprinkler Incentive Act of 2004 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. . | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to classify automatic fire sprinkler systems as 5-year property for purposes of depreciation."} | 955 | 39 | 0.470262 | 1.20739 | 0.346249 | 2.615385 | 34.076923 | 0.846154 |
SECTION 1. MODIFICATIONS AND INCREASED VOLUME CAP WITH RESPECT TO
QUALIFIED MORTGAGE BONDS.
(a) Use of Qualified Mortgage Bonds Proceeds for Subprime
Refinancing Loans.--Section 143(k) of the Internal Revenue Code of 1986
(relating to other definitions and special rules) is amended by adding
at the end the following new paragraph:
``(12) Special rules for subprime refinancings.--
``(A) In general.--In the case of a residence which
was originally financed by the mortgagor through a
qualified subprime loan, this section shall be applied
with the following modifications:
``(i) Subsection (i)(1) (relating to
mortgages must be new mortgages) shall not
apply.
``(ii) Subsection (a)(2)(D)(i) shall be
applied by substituting `12-month period' for
`42-month period' each place it appears.
``(iii) Subsection (d) (relating to 3-year
requirement) shall not apply.
``(iv) Subsection (e) (relating to purchase
price requirement) shall be applied by using
the market value of the residence at the time
of refinancing in lieu of the acquisition cost.
``(B) Qualified subprime loan.--
``(i) In general.--The term `qualified
subprime loan' means an adjustable rate single-
family residential mortgage loan originated
after December 31, 2001, and before January 1,
2008, that the bond issuer determines has
characteristics that suggest both a reasonably
foreseeable risk of default and a reasonable
potential to avoid default with the benefit of
a lower cost refinancing.
``(ii) Considerations.--In making the
determination under clause (i), the bond issuer
may consider the following characteristics:
``(I) Loan payments which are
scheduled to increase by more than 10
percent after December 31, 2007, and
before January 1, 2011.
``(II) A loan-to-value ratio of 97
percent or greater at the time of the
original mortgage loan or at the time
of the refinancing of such loan after
adjustment for any decline in the fair
market value of the residence.
``(III) A borrower whose
creditworthiness is relatively low in
comparison to a prime borrower, based
on a lower credit score, such as a Fair
Isaac Credit Organization credit score
at the time of the original subprime
loan of less than 660 and the absence
of an increase in such score by more
than 10 percent since the time of the
original loan.
``(IV) Whether loan payments on the
original mortgage loan generally have
been made in a current, timely manner,
subject only to isolated late payments.
``(C) Termination.--This paragraph shall not apply
to any bonds issued after December 31, 2010.''.
(b) Increased Volume Cap for Qualified Mortgage Bonds.--
(1) In general.--Subsection (d) of section 146 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(5) Increase and set aside for qualified mortgage bonds
for 2008.--
``(A) In general.--The State ceiling for calendar
year 2008 shall be increased by $15,000,000,000.
``(B) Set aside.--
``(i) In general.--Not less than an amount
equal to each State's allocable share of the
increase in the State ceiling under
subparagraph (A) shall be allocated solely for
the purpose of a qualified mortgage issue which
meets the requirement clause (ii).
``(ii) Requirement.--A qualified mortgage
issue meets the requirement of this clause if
such issue meets the requirement of section
143(a)(2)(D)(i) (determined by substituting
`12-month period' for `42-month period' each
place it appears).''.
(2) Carryforward of unused limitations.--Subsection (f) of
section 146 of such Code is amended by adding at the end the
following new paragraph:
``(6) Special rules for increased volume cap under
subsection (d)(5).--No amount which is attributable to the
increase under subsection (d)(5) may be used--
``(A) for a carryforward purpose other than issuing
qualified mortgage bonds, and
``(B) to issue any bond after calendar year
2010.''.
(c) Alternative Minimum Tax.--
(1) In general.--Clause (ii) of section 57(a)(5)(C) of the
Internal Revenue Code of 1986 is amended by striking ``shall
not include'' and all that follows and inserting ``shall not
include--
``(I) any qualified 501(c)(3) bond
(as defined in section 145), or
``(II) any qualified mortgage bond
(as defined in section 143(a)) or
qualified veterans' mortgage bond (as
defined in section 143(b)) issued after
December 31, 2007, and before January
1, 2011.''.
(2) Conforming amendment.--The heading for section
57(a)(5)(C)(ii) is amended by striking ``qualified 501(c)(3)
bonds'' and inserting ``certain bonds''.
(d) Effective Date.--The amendments made by this section shall
apply to bonds issued after December 31, 2007. | Amends the Internal Revenue Code to: (1) allow proceeds of qualified mortgage bonds to be used to refinance certain residential subprime loans issued between 2002 and 2008; (2) increase in 2008 limitations on issuance amounts for qualified mortgage bonds; and (3) exempt tax-exempt interest on qualified mortgage or veterans' mortgage bonds issued before 2011 from the alternative minimum tax. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide that the proceeds of qualified mortgage bonds may be used to provide refinancing for subprime loans, to provide a temporary increase in the volume cap for qualified mortgage bonds, and for other purposes."} | 1,218 | 76 | 0.520671 | 1.189056 | 0.668421 | 1.611111 | 14.777778 | 0.75 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare and Medicaid Nursing
Facility Quality Improvement Act of 2005''.
SEC. 2. QUALITY IMPROVEMENT FOR NURSING FACILITIES UNDER THE MEDICARE
AND MEDICAID PROGRAMS.
(a) Incentives for Immediate Improvement and Protection of Needed
Training Programs.--
(1) Medicare program.--Section 1819(f)(2) of the Social
Security Act (42 U.S.C. 1395i-3(f)(2)) is amended--
(A) in subparagraph (B)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' at the end of
clause (ii) and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking subparagraphs (C) and (D).
(2) Medicaid program.--Section 1919(f)(2) of such Act (42
U.S.C.1396r(f)(2)) is amended--
(A) in subparagraph (B)--
(i) by adding ``and'' at the end of clause
(i);
(ii) by striking ``; and'' at the end of
clause (ii) and inserting a period; and
(iii) by striking clause (iii); and
(B) by striking subparagraphs (C) and (D).
(b) Specified Remedies.--
(1) Medicare program.--Section 1819(h)(2)(B) of such Act
(42 U.S.C. 1395i-3(h)(2)(B)) is amended--
(A) by redesignating clause (iii) as clause (iv);
and
(B) by inserting after clause (ii) the following
new clause:
``(iii) Disapproval of nurse aide training
and competency evaluation programs.--In
consultation with the State, the Secretary may
disapprove nurse aide training and competency
evaluation programs offered by the facility.''.
(2) Medicaid program.--Section 1919(h)(2)(A) of such Act
(42 U.S.C. 1396r(h)(2)(A)) is amended--
(A) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(B) by inserting after clause (ii) the following
new clause:
``(iii) In consultation with the State, the
Secretary may disapprove nurse aide training
and competency evaluation programs offered by
the facility.''.
(c) Promoting Innovation and Quality Improvement Through State
Waivers.--
(1) Medicare program.--Section 1819(g) of such Act (42
U.S.C. 1395i-3(g)) is amended by adding at the end the
following new paragraph:
``(6) Waiver demonstration authority to promote innovation
and quality improvement.--
``(A) In general.--At the request of a State, but
not to exceed a total of 3 States, the Secretary may
waive provisions of this subsection relating to survey
and certification procedures in order to test and
implement innovative alternatives to the survey process
otherwise applicable. The Secretary shall provide
special consideration to the application of alternative
procedures that increase the use of outcome measures,
the incorporation of quality of life measures, and
improve consistency and accuracy in deficiency
determinations and survey results. The Secretary shall
approve a waiver request if applicant demonstrates
significant potential for improving the quality of
care, quality of life, and safety of residents.
``(B) Consideration of views of stakeholders.--The
Secretary shall only consider waiver applications under
this paragraph from a State under this paragraph if the
State has convened and consulted with appropriate
stakeholders in the State, including representatives of
nursing facilities, consumers groups, the State long
term care ombudsman, labor organizations (and where
such organizations are not present in the industry,
other employee representatives), and licensed health
care providers, to assist in developing their
alternative system. In determining whether to grant
such waivers the Secretary shall take into
consideration the views of the stakeholders convened by
the State.''.
(2) Medicaid program.--Section 1919(g) of such Act (42
U.S.C. 1396r(g)) is amended by adding at the end the following
new paragraph:
``(6) Waiver demonstration authority to promote innovation
and quality improvement.--
``(A) In general.--At the request of a State, but
not to exceed a total of 3 States, the Secretary may
waive provisions of this subsection relating to survey
and certification procedures in order to test and
implement innovative alternatives to the survey process
otherwise applicable. The Secretary shall provide
special consideration to the application of alternative
procedures that increase the use of outcome measures,
the incorporation of quality of life measures, and
improve consistency and accuracy in deficiency
determinations and survey results. The Secretary shall
approve a waiver request if it demonstrates significant
potential for improving the quality of care, quality of
life, and safety of residents.
``(B) Consideration of views of stakeholders.--The
Secretary shall only consider waiver applications under
this paragraph from a State under this paragraph if the
State has convened and consulted with appropriate
stakeholders in the State, including representatives of
nursing facilities, consumers groups, the State long
term care ombudsman, labor organizations (and where
such organizations are not present in the industry,
other employee representatives), and licensed health
care providers, to assist in developing their
alternative system. In determining whether to grant
such waivers the Secretary shall take into
consideration the views of the stakeholders convened by
the State.''.
(d) Removal of Inflexibility in Provider Termination.--
(1) Medicare program.--Section 1819(h)(2) of such Act (42
U.S.C. 1395i-3(h)(2)) is amended--
(A) in subparagraph (D), by striking ``If'' and
inserting ``Subject to subparagraph (F), if'';
(B) in subparagraph (E), by striking ``In'' and
inserting ``Subject to subparagraph (F), in''; and
(C) by adding at the end the following new
subparagraph:
``(F) Continuation of payments pending remediation
when flexibility needed to protect residents.--The
Secretary may continue payments, over a period not
longer than 12 months after the effective date of the
findings, under this title with respect to a nursing
facility not in compliance with a requirement of
subsection (b), (c), or (d), if--
``(i) the State survey agency finds that
ceasing payments is not in the best interests
of residents and that continuation of payments
would not jeopardize residents' health and
safety;
``(ii) the State survey agency finds that
it is more appropriate to take alternative
action to assure compliance of the facility
with the requirements than to terminate the
certification of the facility; and
``(iii) the State has submitted a plan and
timetable for corrective action to the
Secretary for approval and the Secretary
approves the plan of corrective action.''.
(2) Medicaid program.--Section 1919(h)(2) of such Act (42
U.S.C. 1396r(h)(2)) is amended--
(A) in subparagraph (C), by striking ``If'' and
inserting ``Subject to subparagraph (G), if'';
(B) in subparagraph (D), by striking ``In'' and
inserting ``Subject to subparagraph (G), in''; and
(C) by adding at the end the following new
subparagraph:
``(G) Continuation of payments pending remediation
when flexibility needed to protect residents.--The
Secretary may continue payments, over a period not
longer than 12 months after the effective date of the
findings, under this title with respect to a nursing
facility not in compliance with a requirement of
subsection (b), (c), or (d), if--
``(i) the State survey agency finds that
ceasing payments is not in the best interests
of residents and that continuation of payments
would not jeopardize residents' health and
safety;
``(ii) the State survey agency finds that
it is more appropriate to take alternative
action to assure compliance of the facility
with the requirements than to terminate the
certification of the facility; and
``(iii) the State has submitted a plan and
timetable for corrective action to the
Secretary for approval and the Secretary
approves the plan of corrective action.''.
(e) Access to Informal Dispute Resolution Process.--
(1) Medicare program.--Section 1819(g)(1) of such Act (42
U.S.C. 1395i-3(g)(1)) is amended by adding at the end the
following new subparagraph:
``(F) Establishment of informal, independent
dispute resolution process.--Each State shall establish
an informal dispute resolution process that allows
facilities to settle disputes involving compliance with
the standards established under this section. Such
process shall rely on independent third parties, not
related to the State survey agency or the facilities,
in resolving disputes.''.
(2) Medicaid program.--Section 1919(g)(1) of such Act (42
U.S.C. 1396r(g)(1)) is amended by adding at the end the
following new subparagraph:
``(F) Establishment of informal, independent
dispute resolution process.--Each State shall establish
an informal dispute resolution process that allows
facilities to settle disputes involving compliance with
the standards established under this section. Such
process shall rely on independent third parties, not
related to the State survey agency or the facilities,
in resolving disputes.''.
(f) Removing Barriers That Deter New Management From Taking Over
and Improving Problem Facilities.--
(1) Medicare program.--Section 1819(h) of such Act (42
U.S.C. 1395i-3(h)) is amended by adding at the end the
following new paragraph:
``(7) Fostering improvement of facilities with poor
compliance histories.--The Secretary shall provide incentives
for operators with histories of good compliance to acquire
facilities with poor compliance histories. Such incentives
shall be designed to promote the sustained provision of high-
quality care and shall only be made available in the case of
bona fide, arm's-length sale of facilities with poor compliance
histories.''.
(2) Medicaid program.--Section 1919(h) of such Act (42
U.S.C. 1396r(h)) is amended by adding at the end the following
new paragraph:
``(10) Fostering improvement of facilities with poor
compliance histories.--The Secretary shall provide incentives
for operators with histories of good compliance to acquire
facilities with poor compliance histories. Such incentives
shall be designed to promote the sustained provision of high-
quality care and shall only be made available in the case of
bona fide, arm's-length sale of facilities with poor compliance
histories.''.
(g) Allowing Appeals of All Deficiencies.--
(1) Medicare program.--Section 1819(h) of such Act, as
amended by subsection (f)(1), is further amended by adding at
the end the following new paragraph:
``(8) Right to appeal all deficiency citations.--
Notwithstanding any other provision of law, a facility may
appeal any deficiency determination under this section with
respect to which a penalty has not been imposed in the same
manner as the facility may appeal such determination if a
penalty had been imposed.''.
(2) Medicaid program.--Section 1919(h) of such Act, as
amended by subsection (f)(2), is further amended by adding at
the end the following new paragraph:
``(11) Right to appeal all deficiency citations.--
Notwithstanding any other provision of law, a facility may
appeal any deficiency determination under this section with
respect to which a penalty has not been imposed in the same
manner as the facility may appeal such determination if a
penalty had been imposed.''.
(h) Joint Providers/Surveyor Training.--
(1) Medicare program.--Section 1819(e) of such Act (42
U.S.C. 1395i-3(e)) is amended by adding at the end the
following new paragraph:
``(6) Joint provider/surveyor training.--The Secretary
shall require the State to establish a process for joint
training and education of surveyors and providers at least
annually and periodically as changes to regulations,
guidelines, and policy governing nursing facility operations
are implemented and used in surveys of participating
facilities.''.
(2) Medicaid program.--Section 1919(e) of such Act (42
U.S.C. 1396r(e)) is amended by adding at the end the following
new paragraph:
``(8) Joint provider/surveyor training.--The State shall
establish a process for joint training and education to
surveyors and providers at least annually and periodically as
changes to regulations, guidelines, and policy governing
nursing facility operations are implemented and used in surveys
of participating facilities.''
(i) Facility-Based Training for New Surveyors.--
(1) Medicare program.--Section 1819(e) of such Act (42
U.S.C. 1395i-3(e)), as amended by subsection (h)(1), is amended
by adding at the end the following new paragraph:
``(7) Facility-based training for new surveyors.--The
Secretary shall require the State to establish a process for
assuring that--
``(A) each individual newly hired as a nursing home
surveyor, as part of the individual's basic training,
is assigned full-time to a participating nursing
facility for at least 5 days within a 7-day period to
observe actual operations outside of the survey process
before the individual begins oversight
responsibilities;
``(B) such individual shall not assume oversight
responsibility during this training period and such
observations may not be the sole basis of a deficiency
citation against the facility; and
``(C) such individual shall not be assigned as a
member of a survey team for the facility in which the
individual received training for two standard surveys
following the training period in the facility.''.
(2) Medicaid program.--Section 1919(e) of such Act (42
U.S.C. 1396r(e)), as amended by subsection (h)(2), is amended
by adding at the end the following new paragraph:
``(9) Facility-based training for new surveyors.--The State
shall establish a process for assuring that--
``(A) each individual newly hired as a nursing home
surveyor, as part of the individual's basic training,
is assigned full-time to a participating nursing
facility for at least 5 days within a 7-day period to
observe actual operations outside of the survey process
before the individual begins oversight
responsibilities;
``(B) such individual shall not assume oversight
responsibility during this training period and such
observations may not be the sole basis of a deficiency
citation against the facility; and
``(C) such individual shall not be assigned as a
member of a survey team for the facility in which the
individual received training for two standard surveys
following the training period in the facility.''.
(j) Effective Date.--The amendments made by this section shall take
effect one month after the date of the enactment of this Act, except in
cases where regulations are needed to implement these amendments and in
such cases shall be effective 6 months after such enactment date. | Medicare and Medicaid Nursing Facility Quality Improvement Act of 2005 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to revise the federal survey and certification process for skilled nursing facilities.
Revises requirements for nurse aide training and competency evaluation programs.
Authorizes the Secretary of Health and Human Services to disapprove such programs offered by a facility.
Authorizes the Secretary to: (1) waive certain requirements for the skilled nursing survey and certification process in order to test and implement innovative alternatives to the otherwise applicable survey process; and (2) continue payments for up to one year, in certain circumstances, pending remediation, to a nursing facility that no longer meets the specified requirements.
Requires each state to establish an informal and independent dispute resolution process to allow facilities to settle disputes involving compliance with nursing facility requirements.
Directs the Secretary to provide incentives for operators with histories of good compliance to acquire facilities with poor compliance histories.
Permits nursing facilities to appeal deficiency determinations.
Requires the State to establish a process for joint training and education of surveyors and providers at least annually and periodically as changes to regulations, guidelines, and policy governing nursing facility operations are implemented and used in surveys of participating facilities.
Directs the Secretary to require the state to establish a process for facility-based training for new surveyors. | {"src": "billsum_train", "title": "To amend titles XVIII and XIX of the Social Security Act with respect to reform of Federal survey and certification process of nursing facilities under the Medicare and Medicaid Programs."} | 3,530 | 299 | 0.494967 | 1.384154 | 0.728309 | 3.729008 | 11.60687 | 0.896947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Buy American Improvement Act of
2003''.
SEC. 2. REQUIREMENTS FOR WAIVERS.
(a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a)
is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Special Rules.--The following rules shall apply in carrying
out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
not in the public interest to enter into a contract in
accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal Procurement
Policy Act (41 U.S.C. 416) and section 8(e) of the Small
Business Act (15 U.S.C. 637(e)).
``(2) Domestic bidder.--A Federal agency entering into a
contract shall give preference to a company submitting an offer
on the contract that manufactures in the United States the
article, material, or supply for which the offer is solicited,
if--
``(A) that company's offer is substantially the
same as an offer made by a company that does not
manufacture the article, material, or supply in the
United States; or
``(B) that company is the only company that
manufactures in the United States the article,
material, or supply for which the offer is solicited.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply
without regard to whether the articles, materials, or
supplies to be acquired are for use outside the United
States if the articles, materials, or supplies are not
needed on an urgent basis or if they are acquired on a
regular basis.
``(B) Cost analysis.--In any case where the
articles, materials, or supplies are to be acquired for
use outside the United States and are not needed on an
urgent basis, before entering into a contract an
analysis shall be made of the difference in the cost
for acquiring the articles, materials, or supplies from
a company manufacturing the articles, materials, or
supplies in the United States (including the cost of
shipping) and the cost for acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United
States (including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
conducted a study and, on the basis of such study, determined
that--
``(A) domestic production cannot be initiated to
meet the procurement needs; and
``(B) a comparable article, material, or supply is
not available from a company in the United States.
``(c) Reports.--
``(1) In general.--Not later than 60 days after the end of
each fiscal year, the head of each Federal agency shall submit
to Congress a report on the amount of the acquisitions made by
the agency from entities that manufacture the articles,
materials, or supplies outside the United States in that fiscal
year.
``(2) Content of report.--The report required by paragraph
(1) shall separately indicate the following information:
``(A) The dollar value of any articles, materials,
or supplies for which this Act was waived.
``(B) An itemized list of all waivers granted with
respect to such articles, materials, or supplies under
this Act.
``(C) A list of all articles, materials, and
supplies acquired, their source, and the amount of the
acquisitions.
``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available by posting on an Internet website.''.
(b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c)
is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Federal Procurement
Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative
or judicial branch of the Government (except the Senate, the House of
Representatives, and the Architect of the Capitol and activities under
the Architect's direction).''; and
(2) by adding at the end the following:
``(d) Substantially All.--Articles, materials, or supplies shall be
treated as made substantially all from articles, materials, or supplies
mined, produced, or manufactured, as the case may be, in the United
States, if the cost of the domestic components of such articles,
materials, or supplies exceeds 75 percent.''.
(c) Conforming Amendments.--
(1) Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended by striking ``department or independent establishment''
and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) by striking ``department or independent
establishment'' in subsection (a), and inserting
``Federal agency''; and
(B) by striking ``department, bureau, agency, or
independent establishment'' in subsection (b) and
inserting ``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriations Act, 1950 (41 U.S.C. 10d) is amended by striking
``department or independent establishment'' and inserting
``Federal agency''.
SEC. 3. GAO REPORT AND RECOMMENDATIONS.
(a) Scope of Waivers.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United States
shall report to Congress recommendations for determining, for purposes
of applying the waiver provision of section 2(a) of the Buy American
Act--
(1) unreasonable cost; and
(2) inconsistent with the public interest.
The report shall include recommendations for a statutory definition of
unreasonable cost and standards for determining inconsistency with the
public interest.
(b) Waiver Procedures.--The report described in subsection (a)
shall also include recommendations for establishing procedures for
applying the waiver provisions of the Buy American Act that can be
consistently applied.
SEC. 4. DUAL-USE TECHNOLOGIES.
The head of a Federal agency (as defined in section 1(c) of the Buy
American Act (as amended by section 2) may not enter into a contract,
nor permit a subcontract under a contract of the Federal agency, with a
foreign entity that involves giving the foreign entity plans, manuals,
or other information that would facilitate the manufacture of a dual-
use item on the Commerce Control List unless approval for providing
such plans, manuals, or information has been obtained in accordance
with the provisions of the Export Administration Act of 1979 (50 U.S.C.
App. 2401 et seq.) and the Export Administration Regulations (15 C.F.R.
part 730 et seq.). | Buy American Improvement Act of 2003 - Amends the Buy American Act to: (1) prohibit Federal agencies from making a determination that it would not be in the public interest to enter into a contract subject to Buy American requirements after a procurement notice for such contract is published; and (2) provide that Buy American requirements shall apply without regard to whether products are acquired for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis (but requires an analysis of the difference in costs of such products from manufacturers inside and outside the United States before a contract is entered).
Requires Federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only company that manufactures the product in the United States; and (2) report annually on agency acquisitions from entities that manufacture products outside the United States.
Prohibits an agency head from making any determination that articles to be procured are not available from domestic sources without conducting a study that determine that domestic production cannot be initiated to meet procurement needs and that a comparable product is not available from a company in the United States.
Defines a product as made "substantially all" from domestic components when the cost of such components exceeds 75 percent.
Requires the Comptroller General to report to Congress with recommendations for defining "unreasonable cost" and "inconsistent with the public interest" for purposes of applying waivers of Buy American requirements.
Prohibits an agency from entering a contract with a foreign entity that involves giving such entity information that would facilitate the manufacture of a dual-use item on the Commerce Control List unless approval has been obtained in accordance with the Export Administration Act of 1979. | {"src": "billsum_train", "title": "A bill to amend the Buy American Act to increase the requirement for American-made content, to tighten the waiver provisions, and for other purposes."} | 1,701 | 412 | 0.589502 | 1.839155 | 0.846454 | 3.06044 | 4.239011 | 0.873626 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``____ Act of 2003''.
SEC. 2. CREDIT FOR EMPLOYMENT OF RESERVE COMPONENT PERSONNEL.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following new section:
``SEC. 45G. RESERVE COMPONENT EMPLOYMENT CREDIT.
``(a) General Rule.--For purposes of section 38, the reserve
component employment credit determined under this section is an amount
equal to the sum of--
``(1) the employment credit with respect to all qualified
employees of the taxpayer, plus
``(2) the self-employment credit of a qualified self-
employed taxpayer.
``(b) Employment Credit.--For purposes of this section--
``(1) In general.--The employment credit with respect to a
qualified employee of the taxpayer for any taxable year is
equal to 100 percent of the excess, if any, of--
``(A) the qualified employee's average daily
qualified compensation for the taxable year, over
``(B) the average daily military pay and allowances
received by the qualified employee during the taxable
year,
while participating in qualified reserve component duty to the
exclusion of the qualified employee's normal employment duties
for the number of days the qualified employee participates in
qualified reserve component duty during the taxable year,
including time spent in a travel status. The employment credit, with
respect to all qualified employees, is equal to the sum of the
employment credits for each qualified employee under this subsection.
``(2) Average daily qualified compensation and average
daily military pay and allowances.--As used with respect to a
qualified employee--
``(A) the term `average daily qualified
compensation' means the qualified compensation of the
qualified employee for the taxable year divided by the
difference between--
``(i) 365, and
``(ii) the number of days the qualified
employee participates in qualified reserve
component duty during the taxable year,
including time spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the qualified
employee during the taxable year as military
pay and allowances on account of the qualified
employee's participation in qualified reserve
component duty, divided by
``(ii) the total number of days the
qualified employee participates in qualified
reserve component duty, including time spent in
travel status.
``(3) Qualified compensation.--When used with respect to
the compensation paid or that would have been paid to a
qualified employee for any period during which the qualified
employee participates in qualified reserve component duty, the
term `qualified compensation' means--
``(A) compensation which is normally contingent on
the qualified employee's presence for work and which
would be deductible from the taxpayer's gross income
under section 162(a)(1) if the qualified employee were
present and receiving such compensation,
``(B) compensation which is not characterized by
the taxpayer as vacation or holiday pay, or as sick
leave or pay, or as any other form of pay for a
nonspecific leave of absence, and with respect to which
the number of days the qualified employee participates
in qualified reserve component duty does not result in
any reduction in the amount of vacation time, sick
leave, or other nonspecific leave previously credited
to or earned by the qualified employee, and
``(C) group health plan costs (if any) with respect
to the qualified employee.
``(4) Qualified employee.--The term `qualified employee'
means a person who--
``(A) has been an employee of the taxpayer for the
21-day period immediately preceding the period during
which the employee participates in qualified reserve
component duty, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States as
defined in sections 10142 and 10101 of title 10, United
States Code.
``(c) Self-Employment Credit.--
``(1) In general.--The self-employment credit of a
qualified self-employed taxpayer for any taxable year is equal
to 100 percent of the excess, if any, of--
``(A) the self-employed taxpayer's average daily
self-employment income for the taxable year over
``(B) the average daily military pay and allowances
received by the taxpayer during the taxable year, while
participating in qualified reserve component duty to
the exclusion of the taxpayer's normal self-employment
duties for the number of days the taxpayer participates
in qualified reserve component duty during the taxable
year, including time spent in a travel status.
``(2) Average daily self-employment income and average
daily military pay and allowances.--As used with respect to a
self-employed taxpayer--
``(A) the term `average daily self-employment
income' means the self-employment income (as defined in
section 1402) of the taxpayer for the taxable year plus
the amount paid for insurance which constitutes medical
care for the taxpayer for such year (within the meaning
of section 162(l)) divided by the difference between--
``(i) 365, and
``(ii) the number of days the taxpayer
participates in qualified reserve component
duty during the taxable year, including time
spent in a travel status, and
``(B) the term `average daily military pay and
allowances' means--
``(i) the amount paid to the taxpayer
during the taxable year as military pay and
allowances on account of the taxpayer's
participation in qualified reserve component
duty, divided by
``(ii) the total number of days the
taxpayer participates in qualified reserve
component duty, including time spent in travel
status.
``(3) Qualified self-employed taxpayer.--The term
`qualified self-employed taxpayer' means a taxpayer who--
``(A) has net earnings from self-employment (as
defined in section 1402) for the taxable year, and
``(B) is a member of the Ready Reserve of a reserve
component of an Armed Force of the United States.
``(d) Credit in Addition to Deduction.--The employment credit
provided in this section is in addition to any deduction otherwise
allowable with respect to compensation actually paid to a qualified
employee during any period the qualified employee participates in
qualified reserve component duty to the exclusion of normal employment
duties.
``(e) Limitations.--
``(1) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of the
armed forces of the united states.--No credit shall be allowed
under subsection (a) to a taxpayer for--
``(A) any taxable year in which the taxpayer is
under a final order, judgment, or other process issued
or required by a district court of the United States
under section 4323 of title 38 of the United States
Code with respect to a violation of chapter 43 of such
title, and
``(B) the 2 succeeding taxable years.
``(2) Disallowance with respect to persons ordered to
active duty for training.--No credit shall be allowed under
subsection (a) to a taxpayer with respect to any period for
which the person on whose behalf the credit would otherwise be
allowable is called or ordered to active duty for any of the
following types of duty:
``(A) active duty for training under any provision
of title 10, United States Code,
``(B) training at encampments, maneuvers, outdoor
target practice, or other exercises under chapter 5 of
title 32, United States Code, or
``(C) full-time National Guard duty, as defined in
section 101(d)(5) of title 10, United States Code.
``(f) General Definitions and Special Rules.--
``(1) 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.
``(2) Qualified reserve component duty.--The term
`qualified reserve component duty' includes only 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.
``(3) Normal employment and self-employment duties.--A
person shall be deemed to be participating in qualified reserve
component duty to the exclusion of normal employment or self-
employment duties if the person does not engage in or undertake
any substantial activity related to the person's normal
employment or self-employment duties while participating in
qualified reserve component duty unless in an authorized leave
status or other authorized absence from military duties. If a
person engages in or undertakes any substantial activity
related to the person's normal employment or self-employment
duties at any time while participating in a period of qualified
reserve component duty, unless during a period of authorized
leave or other authorized absence from military duties, the
person shall be deemed to have engaged in or undertaken such
activity for the entire period of qualified reserve component
duty.
``(4) Certain rules to apply.--Rules similar to the rules
of subsections (c), (d), and (e) of section 52 shall apply for
purposes of this section.''.
(b) Conforming Amendment.--Section 38(b) of the Internal Revenue
Code of 1986 (relating to general business credit) is amended--
(1) by striking ``plus'' at the end of paragraph (14),
(2) by striking the period at the end of paragraph (15) and
inserting ``, plus'', and
(3) by adding at the end the following new paragraph:
``(16) the reserve component employment credit determined
under section 45G(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 45F the
following new item:
``Sec. 45G. Reserve component employment
credit.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2002. | Amends the Internal Revenue Code to allow employers an income tax credit with respect to employees who participate in the military reserve components, and to allow a comparable credit for participating reserve component self-employed individuals. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals, and for other purposes."} | 2,310 | 43 | 0.562072 | 1.190247 | 0.499028 | 1.794872 | 56.076923 | 0.769231 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transparency and Honesty in Energy
Regulations Act of 2016''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as a tool to justify Federal actions by the Secretary
of Energy and the Administrator of the Environmental Protection
Agency to address greenhouse gas emissions, including the
regulation or prohibition of the exploration, mining,
production, and use of coal and other fossil fuels as energy
sources, the social cost of greenhouse gases, specifically the
social cost of carbon and the social cost of methane,
represents the hypothetical cost of 1 incremental ton of carbon
dioxide or methane emissions in a given year;
(2) the document of the Office of Management and Budget
entitled ``Circular A-4'' and dated September 17, 2003--
(A) guides Federal agencies on the development of
regulatory impact analysis required under Executive
Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review) and other authorities; and
(B) instructs Federal agencies to include discount
rates of 3 and 7 percent and evaluate the costs and
benefits of the regulatory action that accrue to
citizens and residents of the United States;
(3) the social cost of carbon estimates were first
developed in 2009 by an interagency working group that included
the Secretary of Energy and the Administrator of the
Environmental Protection Agency and fail to comply with the 3-
and 7-percent discount rates prescribed by the document of the
Office of Management and Budget entitled ``Circular A-4'' and
dated September 17, 2003;
(4) while the document of the Office of Management and
Budget entitled ``Circular A-4'' and dated September 17, 2003,
specifies that, in carrying out an evaluation of the global
effects of a rule, regulation, or action, the evaluation shall
be reported separately from domestic costs and benefits of that
rule, regulation, or action, the social cost of carbon instead
calculates the global benefits in lieu of, not in addition to,
the domestic effects of a rule, regulation, or action;
(5) the use of the social cost of carbon estimates in
rulemakings by the Secretary of Energy and the Administrator of
the Environmental Protection Agency without an opportunity for
public notice and comment violates scientific peer review
requirements and the commitment of the President to transparent
and open government, as outlined in the memorandum of the
President entitled ``Transparency and Open Government:
Memorandum for the Heads of Executive Departments and
Agencies'' and dated January 21, 2009;
(6) in July 2015, as part of a revision of the social cost
of carbon in response to over 150 substantive comments and in
acknowledgment of the faulty process by which the social cost
of carbon estimates were developed, the Director of the Office
of Management and Budget requested that the National Academies
of Science, Engineering, and Medicine review and make
recommendations for the improvement of the social cost of
carbon estimates;
(7) shortly after the commencement of the review referred
to in paragraph (6), the Administrator of the Environmental
Protection Agency used the social cost of methane estimate
developed by the Administrator of the Environmental Protection
Agency, without appropriate peer review or opportunity for
public notice and comment, to justify the costs and benefits
of--
(A) the proposed rule entitled ``Oil and Natural
Gas Sector: Emission Standards for New and Modified
Sources'' (80 Fed. Reg. 56593 (September 18, 2015));
and
(B) the final rule entitled ``Oil and Natural Gas
Sector: Emission Standards for New, Reconstructed, and
Modified Sources'' (81 Fed. Reg. 35824 (June 3, 2016))
and the accompanying regulatory impact analysis
entitled ``Regulatory Impact Analysis of the Final Oil
and Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources'', prepared by the
Environmental Protection Agency, Office of Air and
Radiation, in May 2016 and identified by docket ID
number EPA-HQ-OAR-2010-0505-7630;
(8) continued use of the social cost of carbon and the
social cost of methane by the Secretary of Energy and the
Administrator of the Environmental Protection Agency ignores
sound science for the purpose of eliminating the exploration,
mining, production, and use of the abundant domestic sources of
fossil fuel energy of the United States; and
(9) the regulations of the Secretary of Energy and the
Administrator of the Environmental Protection Agency are
costing families of the United States billions of dollars each
year and are justified, in large part, by the social cost of
greenhouse gases, including the social cost of carbon and the
social cost of methane.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) Social cost of carbon.--The term ``social cost of
carbon'' means--
(A) the social cost of carbon described in--
(i) the document entitled ``Technical
Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive
Order 12866'', published by the Interagency
Working Group on Social Cost of Carbon, United
States Government, in February 2010; or
(ii)(I) the document entitled ``Technical
Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order 12866'',
published by the Interagency Working Group on
Social Cost of Carbon, United States
Government, in May 2013 and revised in November
2013 and July 2015, and published and revised
by the Interagency Working Group on the Social
Cost of Greenhouse Gases, United States
Government, in August 2016; or
(II) any successor or substantially related
document; and
(B) any other estimate of the monetized damages
associated with an incremental increase in carbon
dioxide emissions in a given year.
(4) Social cost of greenhouse gas.--The term ``social cost
of greenhouse gas'' means--
(A) the social cost of any greenhouse gas that is
described in any successor document to--
(i) the document entitled ``Technical
Support Document: Social Cost of Carbon for
Regulatory Impact Analysis Under Executive
Order 12866'', published by the Interagency
Working Group on Social Cost of Carbon, United
States Government, in February 2010; or
(ii) the document entitled ``Technical
Support Document: Technical Update of the
Social Cost of Carbon for Regulatory Impact
Analysis Under Executive Order 12866'',
published by the Interagency Working Group on
Social Cost of Carbon, United States
Government, in May 2013 and revised in November
2013 and July 2015, and published and revised
by the Interagency Working Group on the Social
Cost of Greenhouse Gases, United States
Government, in August 2016; or
(iii) the document entitled ``Addendum to
Technical Support Document on Social Cost of
Carbon for Regulatory Impact Analysis under
Executive Order 12866: Application of the
Methodology to Estimate the Social Cost of
Methane and the Social Cost of Nitrous Oxide'',
published by the Interagency Working Group on
Social Cost of Greenhouse Gases, United States
Government, in August 2016; and
(B) any other estimate of the monetized damages
associated with an incremental increase in greenhouse
gas emissions in a given year.
(5) Social cost of methane.--The term ``social cost of
methane'' means--
(A) the estimate of the social cost of methane
described in--
(i) the proposed rule entitled ``Oil and
Natural Gas Sector: Emission Standards for New
and Modified Sources'' (80 Fed. Reg. 56593
(September 18, 2015));
(ii) the final rule entitled ``Oil and
Natural Gas Sector: Emission Standards for New,
Reconstructed, and Modified Sources'' (81 Fed.
Reg. 35824 (June 3, 2016));
(iii) the regulatory impact analysis
entitled ``Regulatory Impact Analysis of the
Final Oil and Natural Gas Sector: Emission
Standards for New, Reconstructed, and Modified
Sources'', prepared by the Environmental
Protection Agency, Office of Air and Radiation,
in May 2016 and identified by docket ID number
EPA-HQ-OAR-2010-0505-7630; or
(iv)(I) the document entitled ``Addendum to
Technical Support Document on Social Cost of
Carbon for Regulatory Impact Analysis under
Executive Order 12866: Application of the
Methodology to Estimate the Social Cost of
Methane and the Social Cost of Nitrous Oxide'',
published by the Interagency Working Group on
Social Cost of Greenhouse Gases, United States
Government, in August 2016; or
(II) any successor or substantially related
document; and
(B) any other successor or substantially related
estimate.
(6) Social cost of nitrous oxide.--The term ``social cost
of nitrous oxide'' means--
(A)(i) the social cost of nitrous oxide described
in the document entitled ``Addendum to Technical
Support Document on Social Cost of Carbon for
Regulatory Impact Analysis under Executive Order 12866:
Application of the Methodology to Estimate the Social
Cost of Methane and the Social Cost of Nitrous Oxide'',
published by the Interagency Working Group on Social
Cost of Greenhouse Gases, United States Government, in
August 2016; or
(ii) any other successor or substantially related
document; and
(B) any other estimate of the monetized damages
associated with an incremental increase in nitrous
oxide emissions in a given year.
SEC. 4. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GAS,
INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF
METHANE, AND THE SOCIAL COST OF NITROUS OXIDE.
(a) In General.--The Secretary, under any authority, and the
Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), may
not consider the social cost of carbon, social cost of methane, social
cost of nitrous oxide, or social cost of greenhouse gas--
(1) as part of any cost-benefit analysis required under--
(A) any law;
(B) Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review); or
(C) Executive Order 13563 (5 U.S.C. 601 note;
relating to improving regulation and regulatory
review);
(2) in any rulemaking;
(3) in the issuance of any guidance;
(4) in taking any other agency action; or
(5) as a justification for any rulemaking, guidance
document, or agency action.
(b) Exception.--The Secretary and the Administrator may consider
the social cost of carbon, social cost of methane, social cost of
nitrous oxide, or social cost of greenhouse gas in carrying out an
activity described in subsection (a) only if, after the date of
enactment of this Act, a Federal law is enacted that explicitly
authorizes the consideration.
SEC. 5. REPORT OF THE ADMINISTRATOR.
Not later than 120 days after the date of enactment of this Act,
the Administrator, in coordination and consultation with the Secretary,
the Secretary of the Interior, and the Council on Environmental
Quality, shall submit to the Committees on Environment and Public Works
and Energy and Natural Resources of the Senate and the Committees on
Energy and Commerce and Natural Resources of the House of
Representatives a report describing the number of proposed and final
rulemakings, guidance documents, and agency actions that, since January
2009, have used the social cost of carbon, the social cost of methane,
or the social cost of nitrous oxide, including the use of the social
cost of carbon, the social cost of methane, or the social cost of
nitrous oxide as part of any cost-benefit analysis required under
Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory
planning and review) or other relevant authority. | Transparency and Honesty in Energy Regulations Act of 2016 This bill prohibits the Department of Energy and the Environmental Protection Agency (EPA) from considering the social cost of carbon, methane, nitrous oxide, or greenhouse gas as part of any cost benefit analysis, unless a federal law is enacted authorizing such consideration. The EPA must report on the number of proposed and final rulemakings, guidance documents, and agency actions since January 2009 that use those social costs, including as part of any cost benefit analysis required under Executive Order 12866 or other relevant authority. | {"src": "billsum_train", "title": "Transparency and Honesty in Energy Regulations Act of 2016"} | 2,635 | 124 | 0.517852 | 1.427736 | 0.645229 | 3.538462 | 23.634615 | 0.923077 |
SECTION 1. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business-related
credits) is amended by adding at the end the following:
``SEC. 45D. EMPLOYEE HEALTH INSURANCE EXPENSES.
``(a) General Rule.--For purposes of section 38, in the case of a
small employer, the employee health insurance expenses credit
determined under this section is an amount equal to the applicable
percentage of the amount paid by the taxpayer during the taxable year
for qualified employee health insurance expenses.
``(b) Applicable Percentage.--For purposes of subsection (a), the
applicable percentage is equal to--
``(1) 60 percent in the case of self-only coverage, and
``(2) 70 percent in the case of family coverage (as defined
in section 220(c)(5)).
``(c) Per Employee Dollar Limitation.--The amount of qualified
employee health insurance expenses taken into account under subsection
(a) with respect to any qualified employee for any taxable year shall
not exceed--
``(1) $600 in the case of self-only coverage, and
``(2) $1,200 in the case of family coverage (as so
defined).
``(d) Definitions.--For purposes of this section--
``(1) Small employer.--
``(A) In general.--The term `small employer' means,
with respect to any calendar year, any employer if such
employer employed an average of 9 or fewer employees on
business days during either of the 2 preceding calendar
years. For purposes of the preceding sentence, a
preceding calendar year may be taken into account only
if the employer was in existence throughout such year.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the 1st preceding calendar year,
the determination under subparagraph (A) shall be based
on the average number of employees that it is
reasonably expected such employer will employ on
business days in the current calendar year.
``(2) Qualified employee health insurance expenses.--
``(A) In general.--The term `qualified employee
health insurance expenses' means any amount paid by an
employer for health insurance coverage to the extent
such amount is attributable to coverage provided to any
employee while such employee is a qualified employee.
``(B) Exception for amounts paid under salary
reduction arrangements.--No amount paid or incurred for
health insurance coverage pursuant to a salary
reduction arrangement shall be taken into account under
subparagraph (A).
``(C) Health insurance coverage.--The term `health
insurance coverage' has the meaning given such term by
section 9832(b)(1).
``(3) Qualified employee.--
``(A) In general.--The term `qualified employee'
means, with respect to any period, an employee of an
employer if the total amount of wages paid or incurred
by such employer to such employee at an annual rate
during the taxable year exceeds $5,000 but does not
exceed $16,000.
``(B) Treatment of certain employees.--For purposes
of subparagraph (A), the term `employee' shall
include--
``(i) an employee within the meaning of
section 401(c)(1), and
``(ii) a leased employee within the meaning
of section 414(n).
``(C) Wages.--The term `wages'--
``(i) has the meaning given such term by
section 3121(a) (determined without regard to
any dollar limitation contained in such section), and
``(ii) in the case of an employee described
in subparagraph (B)(i), includes the net
earnings from self-employment (as defined in
section 1402(a) and as so determined).
``(D) Inflation adjustment.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
1999, the $16,000 amount contained in
subparagraph (A) shall be increased by an
amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment under section 1(f)(3) for
the calendar year in which the taxable
year begins, determined by substituting
`calendar year 1998' for `calendar year
1992' in subparagraph (B) thereof.
``(ii) Rounding.--If any increase
determined under clause (i) is not a multiple
of $100, such amount shall be rounded to the
nearest multiple of $100.
``(e) Certain rules made applicable.--For purposes of this section,
rules similar to the rules of section 52 shall apply.
``(f) Denial of Double Benefit.--No deduction or credit under any
other provision of this chapter shall be allowed with respect to
qualified employee health insurance expenses taken into account under
subsection (a).''
(b) Credit To Be Part of General Business Credit.--Section 38(b) of
the Internal Revenue Code of 1986 (relating to current year business
credit) is amended by striking ``plus'' at the end of paragraph (11),
by striking the period at the end of paragraph (12) and inserting ``,
plus'', and by adding at the end the following:
``(13) the employee health insurance expenses credit
determined under section 45D.''
(c) No Carrybacks.--Subsection (d) of section 39 of the Internal
Revenue Code of 1986 (relating to carryback and carryforward of unused
credits) is amended by adding at the end the following:
``(9) No carryback of section 45D credit before effective
date.--No portion of the unused business credit for any taxable
year which is attributable to the employee health insurance
expenses credit determined under section 45D may be carried
back to a taxable year ending before the date of the enactment
of section 45D.''
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``Sec. 45D. Employee health insurance
expenses.''
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after the
date of the enactment of this Act. | Amends the Internal Revenue Code to allow small business employers a credit against income tax for employee health insurance expenses the employer pays or incurs. Allows a credit equal to 60 percent of expenses (up to $600 per employee) for self-only coverage and 70 percent of expenses (up to $1,200 per employee) for family coverage. Limits such credit to expenses paid for an employee whose total annual wages range between $5,000 and $16,000, indexed for inflation. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for employee health insurance expenses paid or incurred by the employer."} | 1,478 | 100 | 0.530954 | 1.222171 | 0.388003 | 1.637363 | 14.384615 | 0.824176 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Credit Union
Regulatory Relief Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Investments in securities by Federal credit unions.
Sec. 3. Increase in investment limit in credit union service
organizations.
Sec. 4. Member business loan exclusion for loans to nonprofit religious
organizations.
Sec. 5. Authority of NCUA to establish longer maturities for certain
credit union loans.
Sec. 6. Providing the National Credit Union Administration with greater
flexibility in responding to market
conditions.
Sec. 7. Conversions of certain credit unions to a community charter.
Sec. 8. Credit union participation in the SBA section 504 program.
Sec. 9. Amendments relating to credit union service to underserved
areas.
Sec. 10. Short-term payday loan alternatives within field of
membership.
Sec. 11. Credit union governance.
Sec. 12. Encouraging small business development in underserved urban
and rural communities.
Sec. 13. Exemption from pre-merger notification requirement of the
Clayton Act.
SEC. 2. INVESTMENTS IN SECURITIES BY FEDERAL CREDIT UNIONS.
Section 107 of the Federal Credit Union Act (12 U.S.C. 1757) is
amended--
(1) by striking ``A Federal credit union'' and inserting
``(a) In General.--A Federal credit union''; and
(2) by adding at the end the following new subsection:
``(b) Investment for the Credit Union's Own Account.--
``(1) In general.--In addition to the investments
authorized in subsection (a), a Federal credit union may
purchase and hold for its own account such investment
securities of investment grade as the Board may authorize by
regulation, subject to such limitations and restrictions as the
Board may prescribe in the regulations.
``(2) Percentage limitations.--
``(A) Single obligor.--In no event may the total
amount of investment securities of any single obligor
or maker held by a Federal credit union for the credit
union's own account exceed at any time an amount equal
to 10 percent of the net worth of the credit union.
``(B) Aggregate investments.--In no event may the
aggregate amount of investment securities held by a
Federal credit union for the credit union's own account
exceed at any time an amount equal to 10 percent of the
assets of the credit union.
``(3) Investment security defined.--
``(A) In general.--For purposes of this subsection,
the term `investment security' means marketable
obligations evidencing the indebtedness of any person
in the form of bonds, notes, or debentures and other
instruments commonly referred to as investment
securities.
``(B) Further definition by board.--The Board may
further define the term `investment security'.
``(4) Investment grade defined.--The term `investment
grade' means with respect to an investment security purchased
by a credit union for its own account, an investment security
that at the time of such purchase is rated in one of the 4
highest rating categories by at least 1 nationally recognized
statistical rating organization.
``(5) Clarification of prohibition on stock ownership.--No
provision of this subsection shall be construed as authorizing
a Federal credit union to purchase shares of stock of any
corporation for the credit union's own account, except as
otherwise permitted by law.''.
SEC. 3. INCREASE IN INVESTMENT LIMIT IN CREDIT UNION SERVICE
ORGANIZATIONS.
Section 107(a)(7)(I) of the Federal Credit Union Act (12 U.S.C.
1757(7)(I)) (as so redesignated by section 2(1)) is amended by striking
``up to 1 per centum of the total paid'' and inserting ``up to 3
percent of the total paid''.
SEC. 4. MEMBER BUSINESS LOAN EXCLUSION FOR LOANS TO NONPROFIT RELIGIOUS
ORGANIZATIONS.
Section 107A(a) of the Federal Credit Union Act (12 U.S.C.
1757a(a)) is amended by inserting ``, excluding loans made to nonprofit
religious organizations,'' after ``total amount of such loans''.
SEC. 5. AUTHORITY OF NCUA TO ESTABLISH LONGER MATURITIES FOR CERTAIN
CREDIT UNION LOANS.
Section 107(a)(5) of the Federal Credit Union Act (12 U.S.C.
1757(5)) (as so redesignated by section 2(1)) is amended in the matter
preceding subparagraph (A), by striking ``except as otherwise provided
herein'' and inserting ``or any longer maturity as the Board may allow,
in regulations, except as otherwise provided in this Act''.
SEC. 6. PROVIDING THE NATIONAL CREDIT UNION ADMINISTRATION WITH GREATER
FLEXIBILITY IN RESPONDING TO MARKET CONDITIONS.
Section 107(a)(5)(A)(vi)(I) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)(vi)(I)) (as so redesignated by section 2(1)) is
amended by striking ``six-month period and that prevailing interest
rate levels'' and inserting ``6-month period or that prevailing
interest rate levels''.
SEC. 7. CONVERSIONS OF CERTAIN CREDIT UNIONS TO A COMMUNITY CHARTER.
Section 109(g) of the Federal Credit Union Act (12 U.S.C. 1759(g))
is amended by inserting after paragraph (2) the following new
paragraph:
``(3) Criteria for continued membership of certain member
groups in community charter conversions.--In the case of a
voluntary conversion of a common-bond credit union described in
paragraph (1) or (2) of subsection (b) into a community credit
union described in subsection (b)(3), the Board shall
prescribe, by regulation, the criteria under which the Board
may determine that a member group or other portion of a credit
union's existing membership, that is located outside the well-
defined local community, neighborhood, or rural district that
shall constitute the community charter, can be satisfactorily
served by the credit union and remain within the community
credit union's field of membership.''.
SEC. 8. CREDIT UNION PARTICIPATION IN THE SBA SECTION 504 PROGRAM.
Section 107(a)(5)(A)(iii) of the Federal Credit Union Act (12
U.S.C. 1757(5)(A)(iii)) (as so redesignated by section 2(1)) is amended
by inserting ``, and applicable regulations,'' after ``specified in the
law''.
SEC. 9. AMENDMENTS RELATING TO CREDIT UNION SERVICE TO UNDERSERVED
AREAS.
(a) In General.--Paragraph (2) of section 109(c) of the Federal
Credit Union Act (12 U.S.C. 1759(c)(2)) is amended to read as follows:
``(2) Exception for underserved areas.--
``(A) In general.--Notwithstanding subsection (b),
the Board may approve an application by a Federal
credit union to allow the membership of such credit
union to include any person or organization whose
principal residence or place of business is located
within a local community, neighborhood, or rural
district if--
``(i) the Board determines--
``(I) at any time after August 7,
1998, that all of the local community,
neighborhood, or rural district taken
into account for purposes of this
paragraph is an underserved area (as
defined in section 101(10)); and
``(II) at the time of such
approval, that the credit union is well
capitalized or adequately capitalized
(as defined in section 216(c)(1)); and
``(ii) before the end of the 24-month
period beginning on the date of such approval,
the credit union has established and maintains
an office or facility in the local community,
neighborhood, or rural district at which credit
union services are available.
``(B) Termination of approval.--Any failure of a
Federal credit union to meet the requirement of clause
(ii) of subparagraph (A) by the end of the 24-month
period referred to in such clause shall constitute a
termination, as a matter of law, of any approval of an
application under this paragraph by the Board with
respect to the membership of such credit union.
``(C) Annual credit union reporting requirement.--
Any Federal credit union which has an application
approved under this paragraph shall submit an annual
report to the Administration on the number of members
of the credit union who are members by reason of such
application and the number of offices or facilities
maintained by the credit union in the local community,
neighborhood, or rural district taken into account by
the Board in approving such application.
``(D) Publication by administration.--The
Administration shall publish annually a report
containing--
``(i) a list of all the applications
approved under this paragraph prior to the
publication of the report;
``(ii) the number and locations of the
underserved areas taken into account in
approving such applications; and
``(iii) the total number of members of
credit unions who are members by reason of the
approval of such applications.''.
(b) Underserved Area Defined.--Section 101 of the Federal Credit
Union Act (12 U.S.C. 1752) is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) the term `underserved area' means a geographic area
consisting of a single census tract or a group of census
tracts, each of which meets the criteria for--
``(A) a low income community, as defined in section
45D(e) of the Internal Revenue Code of 1986; or
``(B) an investment area, as defined and designated
under section 103(16) of the Community Development
Banking and Financial Institutions Act of 1994.''.
SEC. 10. SHORT-TERM PAYDAY LOAN ALTERNATIVES WITHIN FIELD OF
MEMBERSHIP.
Section 107(a)(12)(B) of the Federal Credit Union Act (12 U.S.C.
1757(12)(B)) (as so redesignated by section 2(1)) is amended by
inserting ``and provide short-term loans as an alternative to payday
loans'' after ``domestic electronic fund transfers''.
SEC. 11. CREDIT UNION GOVERNANCE.
(a) Expulsion of Members for Just Cause.--Subsection (b) of section
118 of the Federal Credit Union Act (12 U.S.C. 1764(b)) is amended to
read as follows:
``(b) Policy and Actions of Boards of Directors of Federal Credit
Unions.--
``(1) Expulsion of members for nonparticipation or for just
cause.--The board of directors of a Federal credit union may,
by majority vote of a quorum of directors, adopt and enforce a
policy with respect to expulsion from membership, by a majority
vote of such board of directors, based on just cause, including
disruption of credit union operations, or on nonparticipation
by a member in the affairs of the credit union.
``(2) Written notice of policy to members.--If a policy
described in paragraph (1) is adopted, written notice of the
policy as adopted and the effective date of such policy shall
be provided to--
``(A) each existing member of the credit union not
less than 30 days prior to the effective date of such
policy; and
``(B) each new member prior to or upon applying for
membership.''.
(b) Term Limits Authorized for Board Members of Federal Credit
Unions.--Section 111(a) of the Federal Credit Union Act (12 U.S.C.
1761(a)) is amended by adding at the end the following new sentence:
``The bylaws of a Federal credit union may limit the number of
consecutive terms any person may serve on the board of directors of
such credit union.''.
SEC. 12. ENCOURAGING SMALL BUSINESS DEVELOPMENT IN UNDERSERVED URBAN
AND RURAL COMMUNITIES.
Section 107A(c)(1)(B) of the Federal Credit Union Act (12 U.S.C.
1757a(c)(1)(B)) is amended--
(1) by striking ``or'' after the semicolon at the end of
clause (iv);
(2) by redesignating clause (v) as clause (vi); and
(3) by inserting after clause (iv) the following new
clause:
``(v) that is made to a member, the
proceeds of which are to be used for
commercial, corporate, business, farm or
agricultural purposes in an underserved area if
such extension of credit--
``(I) is made to a person or
organization whose principal residence
or place of business is located within
an underserved area (as defined in
section 101(10)) served by the credit
union; or
``(II) is secured by real property
located within, or is intended to
operate as part of a business located
within, such underserved area; or''.
SEC. 13. EXEMPTION FROM PRE-MERGER NOTIFICATION REQUIREMENT OF THE
CLAYTON ACT.
Section 7A(c)(7) of the Clayton Act (15 U.S.C. 18a(c)(7)) is
amended by inserting ``section 205(b)(3) of the Federal Credit Union
Act (12 U.S.C. 1785(b)(3)),'' before ``or section 3''. | Credit Union Regulatory Relief Act of 2008 - Amends the Federal Credit Union Act to: (1) permit a credit union to invest in securities for its own account, subject to certain percentage limitations; and (2) increase the investment and lending limit in credit union service organizations from 1% to 3% of a credit union's total paid and unimpaired capital and surplus.
Excludes credit union loans to nonprofit religious organizations from limitations placed upon member business loans.
Authorizes the National Credit Union Administration Board (Board) to establish longer loan maturity dates.
Directs the Board to prescribe criteria for continued membership of certain member groups in the case of certain credit union conversions to a community charter.
Revises requirements for credit union membership in certain underserved areas.
Empowers a federal credit union to provide short-term loans as an alternative to payday loans.
Authorizes a credit union board of directors to expel a member based on just cause, including disruption of credit union operations (as well as nonparticipation, as under current law).
Excludes from the meaning of member business loan subject to certain limitations (thus permitting without such limitations) any extension of credit to a member, meeting specified criteria, whose proceeds are to be used for commercial, corporate, business, farm or agricultural purposes in an underserved area.
Amends the Clayton Act to exempt from its premerger notification and waiting period requirements any mergers of one insured credit union activities with another which require agency approval under the Federal Credit Union Act. | {"src": "billsum_train", "title": "To advance credit union efforts to promote economic growth, modify credit union regulatory standards and reduce burdens, and for other purposes."} | 3,195 | 329 | 0.623493 | 1.903098 | 0.851888 | 2.893103 | 9.348276 | 0.872414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thorium Energy Security Act of
2010''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the United States and foreign countries will continue
to demand increasing quantities of energy into the foreseeable
future in order to support economic growth;
(2) nuclear power provides energy without generating
significant quantities of greenhouse gases;
(3) the growth of nuclear power in the United States and
many foreign countries has faced barriers from concerns related
to--
(A) the proliferation of weapons-useable material;
and
(B) the proper disposal of spent nuclear fuel;
(4) nuclear power plants operating on an advanced thorium
fuel cycle to generate nuclear energy--
(A) would not produce weapons-useable material in
spent fuel; and
(B) would produce less long-term waste as compared
to other nuclear power plants;
(5) thorium fuel cycle technology was originally developed
and proven in the United States;
(6) the United States possesses significant domestic
quantities of thorium in accessible high-grade deposits;
(7) cutting-edge research relating to thorium fuel cycle
technology continues to be carried out by entities in the
United States; and
(8) it is in the national security and foreign policy
interest of the United States that foreign countries seeking to
establish or expand generation and use of nuclear power should
be provided--
(A) access to advanced thorium fuel cycle
technology;
(B) incentives to explore the thorium-based fuel
cycle as a means to reduce the risk of nuclear
proliferation; and
(C) access to a secure domestic supply of thorium.
SEC. 3. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
(a) In General.--Chapter 19 of title I of the Atomic Energy Act of
1954 (42 U.S.C. 2015 et seq.) is amended by inserting after section 244
the following:
``SEC. 251. THORIUM FUEL CYCLE NUCLEAR POWER GENERATION.
``(a) Definitions.--In this section:
``(1) Chairman.--The term `Chairman' means the Chairman of
the Commission.
``(2) Department.--The term `Department' means the
Department of Energy.
``(3) Office.--The term `Office' means an office
established under subsection (b)(1).
``(4) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(b) Offices for Research and Regulation of Thorium Fuel Cycle
Nuclear Power Generation.--The Secretary, in consultation with the
Chairman, shall establish and provide funds to--
``(1) an office for the regulation of thorium fuel cycle
nuclear power generation within the Commission; and
``(2) an office of thorium-based fuel cycle research within
the Department.
``(c) Regulations.--
``(1) Fuel.--Not later than December 31, 2011, the
Chairman, in consultation with industry and nonindustry
experts, shall establish standards for the manufacture,
testing, use, and management of spent thorium-based nuclear
fuel.
``(2) Power generation.--Not later than December 31, 2012,
the Chairman, in cooperation with the Secretary, shall
promulgate regulations for facilities and materials used in
thorium-based fuel cycle power generation.
``(d) Demonstration Projects.--
``(1) In general.--The Secretary, in consultation with
industry experts, nonindustry experts, and National
Laboratories, shall carry out demonstration projects for
thorium-based nuclear power generation.
``(2) Administration.--In preparing for and selecting
demonstration projects, the Secretary shall consult with
reactor designers, utilities, engineering, and manufacturing
firms to--
``(A) determine the optimum use of thorium in
different reactor types;
``(B) prioritize thorium-based fuel cycle options
that take advantage of existing nuclear power
infrastructure and could be deployed in support of
light water reactors like reactors used in the United
States in the near term;
``(C) license the manufacture of thorium-based
fuels;
``(D) qualify and license thorium-based fuel for
use in commercial reactors; and
``(E) develop and maintain databases necessary for
United States industry and regulators to safely license
and use advanced fuels.
``(e) International Partnerships and Incentives.--Not later than
December 31, 2011, the Secretary shall submit to Congress a report
providing recommendations with respect to methods of--
``(1) strengthening international partnerships to advance
nuclear nonproliferation through the design and deployment of
thorium fuel cycle nuclear power generation; and
``(2) providing incentives to nuclear reactor operators to
use proliferation-resistant, low-waste thorium fuels in lieu of
other fuels.
``(f) Report.--Not later than 1 year after the date of enactment of
this section and annually thereafter, the Secretary, in consultation
with the Chairman, shall submit to Congress a report describing, with
respect to the preceding calendar year--
``(1) progress made in implementing this section; and
``(2) activities carried out by the Department and
Commission pursuant to this section.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $250,000,000
for the period of fiscal years 2011 through 2016.''.
(b) Technical Amendment.--Section 11 f. of the Atomic Energy Act of
1954 (42 U.S.C. 2014(f)) is amended by striking ``Atomic Energy
Commission'' and inserting ``Nuclear Regulatory Commission''. | Thorium Energy Security Act of 2010 - Amends the Atomic Energy Act of 1954 to direct the Secretary of Energy to establish, and provide funds to, an office for the regulation of thorium fuel cycle nuclear power generation within the Nuclear Regulatory Commission (NRC) and an office of thorium-based fuel cycle research within the Department of Energy.
Directs the NRC Chairman to: (1) establish standards for the manufacture, testing, use, and management of spent thorium-based nuclear fuel; and (2) promulgate regulations for facilities and materials used in thorium-based fuel cycle nuclear power generation.
Directs the Secretary to implement demonstration projects for thorium-based nuclear power generation.
Directs the Secretary to report to Congress recommendations for: (1) strengthening international partnerships to advance nuclear nonproliferation through the design and deployment of thorium fuel cycle nuclear power generation; and (2) providing incentives to nuclear reactor operators to use proliferation-resistant, low-waste thorium fuels in lieu of other fuels. | {"src": "billsum_train", "title": "A bill to amend the Atomic Energy Act of 1954 to provide for thorium fuel cycle nuclear power generation."} | 1,270 | 222 | 0.653228 | 1.644572 | 0.829166 | 6.135417 | 5.973958 | 0.958333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secret Service Reauthorization Act
of 2017''.
SEC. 2. PRESIDENTIAL APPOINTMENT OF DIRECTOR OF THE SECRET SERVICE.
Section 3056 of title 18, United States Code, is amended by adding
at the end:
``(h) The Director of the Secret Service shall be appointed by the
President, by and with the advice and consent of the Senate. The
Director of the Secret Service is the head of the Secret Service.''.
SEC. 3. RESTRICTED BUILDING OR GROUNDS.
Section 1752(a) of title 18, United States Code, is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) in paragraph (4), by inserting ``or'' at the end; and
(3) by inserting after paragraph (4) the following:
``(5) knowingly, and with the intent to enter a restricted
building or grounds, causes any object to enter any restricted
building or grounds, when, or so that, such object, in fact,
impedes or disrupts the orderly conduct of government business
or official functions;''.
SEC. 4. THREATS AGAINST FORMER VICE PRESIDENTS.
Section 879(a) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``section 3056(a)(6);''
and inserting ``paragraph (6) or (8) of section 3056(a); or'';
and
(2) by inserting after paragraph (4) the following:
``(5) a person protected by the Secret Service under a
Presidential memorandum;''.
SEC. 5. INCREASED TRAINING.
Beginning in the first full fiscal year after the date of enactment
of this Act, the Director of the Secret Service shall increase the
annual number of hours spent training by officers and agents of the
Secret Service, including officers of the United States Secret Service
Uniformed Division established under section 3056A of title 18, United
States Code, and agents operating pursuant to section 3056 of title 18,
United States Code, including joint training between the two.
SEC. 6. TRAINING FACILITIES.
The Director of the Secret Service is authorized to construct
facilities at the Rowley Training Center necessary to improve the
training of officers of the United States Secret Service Uniformed
Division established under section 3056A of title 18, United States
Code, and agents of the United States Secret Service, operating
pursuant to section 3056 of title 18, United States Code.
SEC. 7. HIRING OF ADDITIONAL OFFICERS AND AGENTS.
The Director of the Secret Service is authorized to hire not fewer
than--
(1) 200 additional officers for the United States Secret
Service Uniformed Division established under section 3056A of
title 18, United States Code; and
(2) 85 additional agents for the United States Secret
Service Presidential Protective Detail, operating pursuant to
section 3056 of title 18, United States Code.
SEC. 8. EVALUATION OF VULNERABILITIES AND THREATS.
(a) In General.--The Director of the Secret Service shall devise
and adopt improved procedures for evaluating vulnerabilities in the
security of the White House and threats to persons protected by the
Secret Service, including threats posed by unmanned aerial systems or
explosive devices.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Director of the Secret Service shall report on the
implementation of subsection (a) to--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives;
(4) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(5) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 9. EVALUATION OF USE OF TECHNOLOGY.
(a) In General.--The Director of the Secret Service, in
consultation with the Under Secretary for Science and Technology of the
Department of Homeland Security, and other experts, shall devise and
adopt improved procedures for--
(1) evaluating the ways in which technology may be used to
improve the security of the White House and the response to
threats to persons protected by the Secret Service; and
(2) retaining evidence pertaining to the duties referred to
in paragraph (1) for an extended period of time.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Director of the Secret Service shall report on the
implementation of subsection (a) to--
(1) the Committee on the Judiciary of the House of
Representatives;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Homeland Security of the House of
Representatives;
(4) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(5) the Committee on Oversight and Government Reform of the
House of Representatives.
SEC. 10. EVALUATION OF USE OF ADDITIONAL WEAPONRY.
The Director of the Secret Service shall evaluate the
practicability of equipping agents and officers with weapons other than
those provided to officers and agents of the Secret Service as of the
date of enactment of this Act, including nonlethal weapons.
SEC. 11. SECURITY COSTS FOR SECONDARY RESIDENCES.
(a) In General.--The Presidential Protection Assistance Act of 1976
(18 U.S.C. 3056 note) is amended by striking section 4 and inserting
the following:
``SEC. 4. NOTIFICATION REGARDING EXPENDITURES ON NON-GOVERNMENTAL
PROPERTIES.
``The Secret Service shall notify the Committees on Appropriations
of the House and Senate of any expenditures for permanent facilities,
equipment, and services to secure any non-Governmental property in
addition to the one non-Governmental property designated by each
protectee under subsection (a) or (b) of section 3.''.
(b) Conforming Amendments.--The Presidential Protection Assistance
Act of 1976 (18 U.S.C. 3056 note), as amended by this Act, is further
amended--
(1) in section 3(b), by striking ``any expenditures by the
Secret Service'' and all that follows through ``imposed under
section 4'' and inserting ``any expenditures by the Secret
Service for permanent facilities, equipment, and services to
secure the non-Governmental property previously designated
under subsection (a) are subject to the requirements set forth
in section 4''; and
(2) in section 5(c), by striking ``within the limitations
imposed under section 4''.
SEC. 12. ESTABLISHMENT OF ETHICS PROGRAM OFFICE.
Subject to the oversight of the Office of Chief Counsel of the
United States Secret Service, the Director of the Secret Service shall
establish an Ethics Program Office, consisting of a minimum of two
employees, to administer the provisions of the Ethics in Government Act
of 1978, as amended, and to provide increased training to employees of
the United States Secret Service.
SEC. 13. SECRET SERVICE PROTECTION AT POLLING PLACES.
Section 592 of title 18, United States Code, is amended by adding
at the end the following: ``This section shall not prevent any officer
or agent of the United States Secret Service from providing armed
protective services authorized under section 3056 or pursuant to a
Presidential memorandum at any place where a general or special
election is held.''.
SEC. 14. SENSE OF CONGRESS.
It is the sense of Congress that an assessment made by the
Secretary of Homeland Security or the Director of the Secret Service
with regard to physical security of the White House and attendant
grounds, and any security-related enhancements thereto should be
accorded substantial deference by the National Capital Planning
Commission, the Commission of Fine Arts, and any other relevant
entities. | Secret Service Reauthorization Act of 2017 This bill amends the federal criminal code to: (1) subject the appointment of the Director of the U.S. Secret Service to the advice and consent of the Senate; (2) prohibit knowingly entering an object into any restricted building or grounds to impede or disrupt the orderly conduct of government business or official functions; and (3) prohibit knowingly and willfully threatening to kill, kidnap, or harm former Vice Presidents, their spouses, or their children under age 16 or any person protected by the Secret Service under a presidential memorandum. The Director must increase the annual number of training hours for Secret Service officers and agents. The Director is authorized to: (1) construct facilities at the Rowley Training Center to improve the training of U.S. Secret Service Uniformed Division officers and Secret Service agents, and (2) hire not fewer than 200 additional officers for such division and 85 additional agents for the Secret Service Presidential Protective Detail. The Director shall adopt improved procedures for: (1) evaluating vulnerabilities in White House security and threats to persons protected by the Secret Service, and (2) evaluating the use of technology to improve such security and respond to such threats. The Director is required to evaluate the practicability of equipping agents and officers with weapons other than those currently provided. Provisions of the Presidential Protection Assistance Act of 1976 requiring expenditures above a specified amount by the Secret Service for securing any non-governmental property in addition to the one non-governmental property designated by each protectee to be approved by the House and Senate Appropriations Committees are replaced with provisions requiring the Secret Service to notify such committees of any such expenditures. The Director shall establish an Ethics Program Office. A Secret Service officer may provide armed protective services authorized by statute or pursuant to a presidential memorandum at any place where a general or special election is held. | {"src": "billsum_train", "title": "Secret Service Reauthorization Act of 2017"} | 1,741 | 396 | 0.62255 | 1.986454 | 0.718509 | 3.396067 | 4.505618 | 0.896067 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Relief Act of 2007''.
SEC. 2. TEMPORARY SUSPENSION OF MOTOR FUEL TAXES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on gasoline, diesel fuel, and kerosene)
is amended by adding at the end the following new subsection:
``(f) Temporary Suspension of Taxes.--
``(1) In general.--During the suspension period, each rate
of tax referred to in paragraph (2) shall be zero.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) paragraphs (1), (2), and (3) of section
4041(a) (relating to retail taxes on diesel fuel,
special motor fuels, and compressed natural gas),
``(B) section 4041(d) (relating to additional taxes
to fund Leaking Underground Storage Tank Trust Fund),
``(C) section 4041(m) (relating to certain alcohol
fuels),
``(D) clauses (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene), and
``(E) subsection (a)(2)(B) (relating to Leaking
Underground Storage Tank Trust Fund tax).
``(3) Exceptions.--Paragraph (1) shall not apply to--
``(A) any tax imposed by section 4041 on fuel sold
for use or used in a train or motorboat, and
``(B) any tax imposed by section 4081 on gasoline
or kerosene used for aviation.
``(4) Suspension period.--For purposes of this subsection,
the term `suspension period' means the period beginning on the
date of the enactment of this subsection and ending on the last
day of the first period of 6 consecutive months beginning after
such date that the national average price of unleaded regular
gasoline is less than $3.00 per gallon (as determined under
section 6 of the Gas Price Relief Act of 2007).
``(5) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to any trust fund, an amount
equal to the reduction in revenues to the Treasury by reason of
a reduction under this subsection in any rate shall be treated
as taxes received in the Treasury under such rate.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. REPEAL OF EXPENSING FOR CERTAIN REFINERIES.
(a) In General.--Section 179C of the Internal Revenue Code of 1986
(relating to election to expense certain refineries) is hereby
repealed.
(b) Technical Amendments.--
(1) Section 1245(a) of such Code is amended by striking
``179C,'' each place it appears.
(2) Section 263(a)(1) of such Code is amended by adding
``or'' at the end of subparagraph (H), by striking ``, or'' at
the end of subparagraph (I) and inserting a period, and by
striking subparagraph (J).
(3) Section 312(k)(3)(B) of such Code is amended by
striking ``179B, or 179C'' each place it appears in the heading
and the text and inserting ``, or 179B''.
(4) The table of sections for part VI of subchapter B of
chapter 1 of such Code is amended by striking the item relating
to section 179C.
(c) Transfer of Equivalent Tax Liability to Highway Trust Fund.--
There are hereby appropriated to the Highway Trust Fund amounts
equivalent to the aggregate net increase in tax liabilities under
chapter 1 of the Internal Revenue Code of 1986 which is attributable to
the repeal of section 179C of such Code by subsection (a). Such
appropriated amounts shall be transferred from the general fund of the
Treasury on the basis of estimates of such tax liabilities made by the
Secretary of the Treasury. Transfers shall be made pursuant to a
schedule made by the Secretary of the Treasury that takes into account
estimated timing of collection of such liabilities. Proper adjustments
shall be made in amounts transferred to the extent prior estimates were
in excess of or less than the amounts required to be transferred.
(d) Effective Date.--The amendments made by this section shall
apply to property placed in service after the date of the enactment of
this Act.
SEC. 4. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before the date of the enactment of this Act, a tax
referred to in section 4081(f)(2) of the Internal Revenue Code
of 1986 has been imposed on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale,
there shall be credited or refunded (without interest) to the person
who paid such tax (hereafter in this section referred to as the
``taxpayer'') an amount equal to the excess of the tax paid by the
taxpayer over the amount of such tax which would be imposed on such
liquid had the taxable event occurred on such date.
(b) Time for Filing Claims.--No credit or refund shall be allowed
or made under this section unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the date of
the enactment of this Act, and
(2) in any case where liquid is held by a dealer (other
than the taxpayer) on the date of the enactment of this Act--
(A) the dealer submits a request for refund or
credit to the taxpayer before the date which is 3
months after such date, and
(B) the taxpayer has repaid or agreed to repay the
amount so claimed to such dealer or has obtained the
written consent of such dealer to the allowance of the
credit or the making of the refund.
(c) Exception for Fuel Held in Retail Stocks.--No credit or refund
shall be allowed under this section with respect to any liquid in
retail stocks held at the place where intended to be sold at retail.
(d) Definitions.--For purposes of this section, the terms
``dealer'' and ``held by a dealer'' have the respective meanings given
to such terms by section 6412 of such Code; except that the term
``dealer'' includes a producer.
(e) Certain Rules To Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall apply for
purposes of this section.
SEC. 5. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any taxable liquid which is
held on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax equal to the excess of the tax which would
be imposed on such liquid under any section of the Internal Revenue
Code of 1986 referred to in section 4081(f)(2) of such Code had the
taxable event occurred on the floor stocks tax date over the tax paid
under any such section on such liquid.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall prescribe.
(3) Time of payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after the
floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such person
(whether or not delivery to the person has been made).
(2) Taxable liquid.--The term ``taxable liquid'' means any
liquid on which a tax referred to in section 4081(a)(2) of such
Code is imposed on the floor stocks tax date.
(3) Floor stock tax date.--The term ``floor stocks tax
date'' means the first day after the suspension period (as
defined in section 4081(f)(4) of such Code).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable liquid held by any person exclusively for
any use to the extent a credit or refund of the tax imposed by a
section of the Code referred to in section 4081(a)(2) of such Code is
allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall be
imposed by subsection (a) on taxable liquid held in the tank of a motor
vehicle or motorboat.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection (a)
on any liquid held on the floor stocks tax date by any person
if the aggregate amount of liquid held by such person on such
date does not exceed 2,000 gallons. The preceding sentence
shall apply only if such person submits to the Secretary (at
the time and in the manner required by the Secretary) such
information as the Secretary shall require for purposes of this
paragraph.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this section--
(A) Corporations.--
(i) In general.--All persons treated as a
controlled group shall be treated as 1 person.
(ii) Controlled group.--The term
``controlled group'' has the meaning given to
such term by subsection (a) of section 1563 of
such Code; except that for such purposes the
phrase ``more than 50 percent'' shall be
substituted for the phrase ``at least 80
percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--
Under regulations prescribed by the Secretary,
principles similar to the principles of subparagraph
(A) shall apply to a group of persons under common
control where 1 or more of such persons is not a
corporation.
(g) Other Laws Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by chapter 31
or 32 of such Code shall, insofar as applicable and not inconsistent
with the provisions of this section, apply with respect to the floor
stock taxes imposed by subsection (a) to the same extent as if such
taxes were imposed by such chapter.
SEC. 6. GASOLINE PRICE MONITORING.
(a) Establishment of Monitoring Program.--The Federal Trade
Commission shall carry out a program to monitor gasoline prices in the
United States.
(b) Monthly Determination of National Average Price of Unleaded
Regular Gasoline.--In carrying out the program, the Commission shall
determine for each month the national average price of unleaded regular
gasoline at retail stations.
(c) Reports.--Not later than the 15th day of each month beginning
after the 180th day following the date of enactment of this Act, the
Commission shall--
(1) transmit to Congress a report containing the results of
monitoring conducted under the program in the preceding month,
including the determination required under subsection (b); and
(2) make a copy of the report available to the public in an
electronic format on an Internet website maintained by the
Commission.
SEC. 7. COMMISSION ON GAS PRICE RELIEF.
(a) Establishment.--Not later than three months after the date of
enactment of this Act, the Speaker of the House of Representatives
shall establish a Commission on Gas Price Relief.
(b) Study and Report.--The Commission shall conduct a study of the
causes of high oil prices and submit a report to the House of
Representatives within 1 year after the date on which such Commission
is established. The report shall include a determination of revenue
raisers in addition to the repeal of section 179C of the Internal
Revenue Code of 1986 (made by section 3 of this Act) that would help
replenish the Treasury for the loss in revenue resulting from any
suspension of the Federal excise taxes on motor fuels under section
4081(f) of the Internal Revenue Code of 1986 (as added by section 2 of
this Act).
(c) Membership.--The Commission shall be comprised of 9 Members, as
follows:
(1) The Chairman of the Committee on Ways and Means, ex
officio.
(2) The Chairman of the Committee on Energy and Commerce,
ex officio.
(3) One member, appointed by the Chairman of the Committee
on Ways and Means, who shall not be from the same political
party as the Chairman.
(4) One member, appointed by the Chairman of the Committee
on Energy and Commerce, who shall not be from the same
political party as the Chairman.
(5) Five members appointed by the Speaker, of whom at least
two shall not be from the same political party as the Speaker.
(d) Co-Chairs.--The Chairman of the Committee on Ways and Means and
the Chairman of the Committee on Energy and Commerce shall serve as co-
chairmen of the Commission. | Gas Price Relief Act of 2007 - Amends the Internal Revenue Code to suspend certain federal motor fuel excise taxes until the average price of unleaded regular gasoline is less than $3.00 per gallon for a period of six consecutive months (suspension period). Provides for adjustments to such excise taxes for floor stocks of motor fuels held by dealers prior to or after the suspension period.
Repeals provisions allowing a taxpayer election to expense the cost of qualified refinery property. Transfers to the Highway Trust Fund increased tax revenues resulting from such repeal.
Requires the Federal Trade Commission (FTC) to monitor gasoline prices in the United States and to report to Congress on its findings.
Requires the Speaker of the House of Representatives to establish a Commission on Gas Price Relief to study the causes of high oil prices. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to suspend the Federal motor fuel excise taxes until the average price of unleaded gasoline is below $3 per gallon for at least 6 months."} | 3,057 | 182 | 0.543123 | 1.436015 | 0.782642 | 2.980392 | 17.986928 | 0.888889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code of Conduct on Arms Transfers
Act of 1997''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide clear policy guidelines and
congressional responsibility for determining the eligibility of foreign
governments to be considered for United States military assistance and
arms transfers.
SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS
TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.
(a) Prohibition.--Except as provided in subsections (b) and (c),
beginning on and after October 1, 1998, United States military
assistance and arms transfers may not be provided to a foreign
government for a fiscal year unless the President certifies to Congress
for that fiscal year that such government meets the following
requirements:
(1) Promotes democracy.--Such government--
(A) was chosen by and permits free and fair
elections;
(B) promotes civilian control of the military and
security forces and has civilian institutions
controlling the policy, operation, and spending of all
law enforcement and security institutions, as well as
the armed forces;
(C) promotes the rule of law, equality before the
law, and respect for individual and minority rights,
including freedom to speak, publish, associate, and
organize; and
(D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as
well as autonomous institutions to monitor the conduct
of public officials and to combat corruption.
(2) Respects human rights.--Such government--
(A) does not engage in gross violations of
internationally recognized human rights, including--
(i) extrajudicial or arbitrary executions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination on
the basis of race, ethnicity, religion, gender,
national origin, or political affiliation; and
(vi) grave breaches of international laws
of war or equivalent violations of the laws of
war in internal conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations of
internationally recognized human rights;
(C) permits access on a regular basis to political
prisoners by international humanitarian organizations
such as the International Committee of the Red Cross;
(D) promotes the independence of the judiciary and
other official bodies that oversee the protection of
human rights;
(E) does not impede the free functioning of
domestic and international human rights organizations;
and
(F) provides access on a regular basis to
humanitarian organizations in situations of conflict or
famine.
(3) Not engaged in certain acts of armed aggression.--Such
government is not currently engaged in acts of armed aggression
in violation of international law.
(4) Full participation in united nations register of
conventional arms.--Such government is fully participating in
the United Nations Register of Conventional Arms.
(b) Requirement for Continuing Compliance.--Any certification with
respect to a foreign government for a fiscal year under subsection (a)
shall cease to be effective for that fiscal year if the President
certifies to Congress that such government has not continued to comply
with the requirements contained in paragraphs (1) through (4) of such
subsection.
(c) Exemptions.--
(1) In general.--The prohibition contained in subsection
(a) shall not apply with respect to a foreign government for a
fiscal year if--
(A) subject to paragraph (2), the President submits
a request for an exemption to Congress containing a
determination that it is in the national security
interest of the United States to provide military
assistance and arms transfers to such government; or
(B) the President determines that an emergency
exists under which it is vital to the interest of the
United States to provide military assistance and arms
transfers to such government.
(2) Disapproval.--A request for an exemption to provide
military assistance and arms transfers to a foreign government
shall not take effect, or shall cease to be effective, if a law
is enacted disapproving such request.
(d) Notifications to Congress.--
(1) In general.--The President shall submit to Congress
initial certifications under subsection (a) and requests for
exemptions under subsection (c)(1)(A) in conjunction with the
submission of the annual congressional presentation documents
for foreign assistance programs for a fiscal year and shall,
where appropriate, submit additional or amended certifications
and requests for exemptions at any time thereafter in the
fiscal year.
(2) Determination with respect to emergency situations.--
Whenever the President determines that it would not be contrary
to the national interest to do so, he shall submit to Congress
at the earliest possible date reports containing determinations
with respect to emergencies under subsection (c)(1)(B). Each
such report shall contain a description of--
(A) the nature of the emergency;
(B) the type of military assistance and arms
transfers provided to the foreign government; and
(C) the cost to the United States of such
assistance and arms transfers.
SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME.
(a) International Cooperation.--Prior to the beginning of each
fiscal year, the President shall compile a list of countries that do
not meet the requirements in section 3(a) and for which the President
has not requested an exemption under section 3(c). The President
shall--
(1) notify the governments participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual
Use Goods and Technologies, done at Vienna, July 11 and 12,
1996 (in this section referred to as the ``Wassenaar
Arrangement''), and such other foreign governments as the
President deems appropriate, that the countries so listed are
ineligible to receive United States arms sales and military
assistance under this Act; and
(2) request that the countries so notified also declare the
listed countries as ineligible for arms sales and military
assistance.
(b) Multilateral Efforts.--The President shall continue and expand
efforts through the United Nations and other international fora, such
as the Wassenaar Arrangement, to limit arms transfers worldwide,
particularly transfers to countries that do not meet the criteria
established in section 3, for the purpose of establishing a permanent
multilateral regime to govern the transfer of conventional arms.
(c) Report.--
(1) In general.--Beginning one year after the date of
enactment of this Act, and annually thereafter, the President
shall submit a report to Congress--
(A) describing efforts he has undertaken during the
preceding year to gain international acceptance of the
principles contained in section 3; and
(B) evaluating the progress made toward
establishing a multilateral regime to control the
transfer of conventional arms.
(2) Submission of the report.--This report shall be
submitted in conjunction with the submission of the annual
congressional presentation documents for foreign assistance
programs for a fiscal year.
SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED.
For purposes of this Act, the terms ``United States military
assistance and arms transfers'' and ``military assistance and arms
transfers'' mean--
(1) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (relating to military assistance),
including the transfer of excess defense articles under section
516 of that Act;
(2) assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (relating to international military
education and training); or
(3) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act (excluding any transfer or other assistance under section
23 of such Act), including defense articles and defense
services licensed or approved for export under section 38 of
that Act. | Code of Conduct on Arms Transfers Act of 1997 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms.
Authorizes the President to request from the Congress an exemption from such prohibition, stating that: (1) it is in the national security interest to provide military assistance and arms transfers to a government; or (2) an emergency exists under which it is vital to the U.S. interest to do so. Makes the exemption effective upon such request, unless disapproved by the Congress.
Directs the President to: (1) compile a list of countries that do not meet the requirements of this Act; (2) notify the governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies, done at Vienna, July 11 and 12, 1996, that the listed countries are ineligible to receive U.S. arms sales and military assistance; and (3) request that the notified countries also declare the listed countries as ineligible for arms sales and military assistance.
Requires the President to continue efforts through the United Nations and other international fora, such as the Wassenaar Arrangement, to limit arms transfers worldwide, particularly transfers to the listed countries, for the purpose of establishing a permanent multilateral regime to govern the transfer of conventional arms. Directs the President, in conjunction with the submission of the annual congressional presentation documents for foreign assistance programs, to report to the Congress on progress made toward establishing such regime. | {"src": "billsum_train", "title": "Code of Conduct on Arms Transfers Act of 1997"} | 1,687 | 447 | 0.652191 | 2.285283 | 0.819849 | 4.712871 | 3.905941 | 0.945545 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture
Disaster and Market Loss Assistance Act of 1998''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO
DISASTERS
Sec. 101. General provisions.
Sec. 102. Crop loss assistance.
Sec. 103. Emergency livestock feed assistance.
TITLE II--MARKET LOSS ASSISTANCE
Sec. 201. Market loss assistance.
TITLE III--ADMINISTRATION
Sec. 301. Commodity Credit Corporation.
Sec. 302. Emergency requirement.
Sec. 303. Regulations.
TITLE I--EMERGENCY ASSISTANCE FOR CROP AND LIVESTOCK FEED LOSSES DUE TO
DISASTERS
SEC. 101. GENERAL PROVISIONS.
(a) Fair and Equitable Distribution.--Assistance made available
under this title shall be distributed in a fair and equitable manner to
producers who have incurred crop and livestock feed losses in all
affected geographic regions of the United States.
(b) Program Administration.--In carrying out this title, the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
may determine--
(1) 1 or more loss thresholds producers on a farm must
incur with respect to a crop to be eligible for assistance;
(2) the payment rate for crop and livestock feed losses
incurred; and
(3) eligibility and payment limitation criteria (as defined
by the Secretary) for persons to receive assistance under this
title, which, in the case of assistance received under any
section of this title, shall be in addition to--
(A) assistance made available under any other
section of this title and title II;
(B) payments or loans received by a person under
the Agricultural Market Transition Act (7 U.S.C. 7201
et seq.);
(C) payments received by a person for the 1998 crop
under the noninsured crop assistance program
established under section 196 of that Act (7 U.S.C.
7333);
(D) crop insurance indemnities provided for the
1998 crop under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
(E) emergency loans made available for the 1998
crop under subtitle C of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961 et seq.).
SEC. 102. CROP LOSS ASSISTANCE.
(a) In General.--The Secretary shall administer a program under
which emergency financial assistance is made available to producers on
a farm who have incurred losses associated with crops due to disasters
(as determined by the Secretary).
(b) Losses Incurred for 1998 Crop.--Subject to section 302, the
Secretary shall use not more than $1,500,000,000 to make available
assistance to producers on a farm who have incurred losses in the 1998
crop due to disasters.
(c) Multiyear Losses.--Subject to section 302, the Secretary shall
use not more than $675,000,000 to make available assistance to
producers on a farm who have incurred multiyear losses (as defined by
the Secretary) in the 1998 and preceding crops of a commodity due to
disasters (including, but not limited to, diseases such as scab).
(d) Relationship Between Assistance.--The Secretary shall make
assistance available to producers on a farm under either subsection (b)
or (c).
(e) Qualifying Losses.--Assistance under this section may be made
for losses associated with crops that are due to, as determined by the
Secretary--
(1) quantity losses;
(2) quality (including, but not limited to, aflatoxin)
losses; or
(3) severe economic losses due to damaging weather or
related condition.
(f) Crops Covered.--Assistance under this section shall be
applicable to losses for all crops, as determined by the Secretary, due
to disasters.
(g) Crop Insurance.--
(1) Administration.--In carrying out this section, the
Secretary shall not discriminate against or penalize producers
on a farm who have purchased crop insurance under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.).
(2) Encouraging future crop insurance participation.--
Subject to section 302, the Secretary, acting through the
Federal Crop Insurance Corporation, may use the funds made
available under subsections (b) and (c), and only those funds,
to provide premium refunds or other assistance to purchasers of
crop insurance for their 1998 insured crops, or their preceding
(including 1998) insured crops.
(3) Producers who have not purchased crop insurance for
1998 crop.--As a condition of receiving assistance under this
section, producers on a farm who have not purchased crop
insurance for the 1998 crop under that Act shall agree by
contract to purchase crop insurance for the subsequent 2 crops
produced by the producers.
(4) Liquidated damages.--
(A) In general.--The contract under paragraph (3)
shall provide for liquidated damages to be paid by the
producers due to the failure of the producers to
purchase crop insurance as provided in paragraph (3).
(B) Notice of damages.--The amount of the
liquidated damages shall be established by the
Secretary and specified in the contract agreed to by
the producers.
(5) Funding for crop insurance purchase requirement.--
Subject to section 302, such sums as may be necessary, to
remain available until expended, shall be available to the
Federal Crop Insurance Corporation to cover costs incurred by
the Corporation as a result of the crop insurance purchase
requirement in paragraph (3). Funds made available under
subsections (b) and (c) may not be used to cover such costs.
SEC. 103. EMERGENCY LIVESTOCK FEED ASSISTANCE.
Subject to section 302, the Secretary shall use not more than
$175,000,000 to make available livestock feed assistance to livestock
producers affected by disasters during calendar year 1998.
TITLE II--MARKET LOSS ASSISTANCE
SEC. 201. MARKET LOSS ASSISTANCE.
(a) In General.--Subject to section 302, the Secretary shall use
$1,650,000,000 for assistance to owners and producers on a farm who are
eligible for final payments for fiscal year 1998 under a production
flexibility contract for the farm under the Agricultural Market
Transition Act (7 U.S.C. 7201 et seq.) to partially compensate the
owners and producers for the loss of markets for the 1998 crop of a
commodity.
(b) Amount.--The amount of assistance made available to owners and
producers on a farm under this section shall be proportional to the
amount of the contract payment received by the owners and producers for
fiscal year 1998 under a production flexibility contract for the farm
under the Agricultural Market Transition Act.
(c) Time for Payment.--The assistance made available under this
section for an eligible owner or producer shall be made as soon as
practicable after the date of enactment of this Act.
TITLE III--ADMINISTRATION
SEC. 301. COMMODITY CREDIT CORPORATION.
Subject to section 302, the Secretary shall use the funds,
facilities, and authorities of the Commodity Credit Corporation to
carry out titles I and II.
SEC. 302. EMERGENCY REQUIREMENT.
(a) Budget Request.--The entire amount necessary to carry out
titles I and II shall be available only to the extent that the
President submits to Congress an official budget request for a specific
dollar amount that includes designation of the entire amount of the
request as an emergency requirement for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et
seq.).
(b) Designation by Congress.--The entire amount of funds necessary
to carry out titles I and II is designated by Congress as an emergency
requirement under section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
SEC. 303. REGULATIONS.
(a) Issuance of Regulations.--As soon as practicable after the date
of enactment of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall issue such regulations as are
necessary to implement titles I and II. The issuance of the regulations
shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804) relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(b) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code. | TABLE OF CONTENTS:
Title I: Emergency Assistance for Crop and Livestock Feed
Losses Due to Disasters
Title II: Market Loss Assistance
Title III: Administration
Agriculture Disaster and Market Loss Assistance Act of 1998 -
Title I: Emergency Assistance for Crop and Livestock Feed Losses Due to Disasters
- Directs the Secretary of Agriculture to provide emergency financial assistance to producers with disaster-incurred 1998 or multiyear (1998 and previous) crop year losses.
Requires producers without 1998 crop insurance to purchase insurance for the subsequent two years in order to qualify for such assistance. Requires such producers to pay any liquidated damages.
(Sec. 103) Caps 1998 livestock feed assistance amounts.
Title II: Market Loss Assistance
- Directs the Secretary to use specified funds to provide 1998 market loss assistance to certain producers with production flexibility contracts.
Title III: Administration
- States that funds to carry out this Act shall be available only to the extent that the President submits to the Congress an official emergency designation budget request. | {"src": "billsum_train", "title": "Agriculture Disaster and Market Loss Assistance Act of 1998"} | 2,054 | 221 | 0.694472 | 1.928177 | 0.821147 | 2.81068 | 8.606796 | 0.839806 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Flood Insurance for Farmers Act of
2012''.
SEC. 2. FLOODPLAIN MANAGEMENT CRITERIA.
(a) In General.--Section 1361 of the National Flood Insurance Act
of 1968 (42 U.S.C. 4102) is amended by adding at the end the following
new subsection:
``(d) Treatment of Certain Structures and Areas.--
``(1) Requirements.--After the date of the enactment of
this subsection, the comprehensive criteria for land management
and use established pursuant to this section shall provide as
follows:
``(A) Treatment of certain agricultural
structures.--Such criteria may not prohibit, limit,
restrict, or condition, including requiring any
floodproofing or flood damage mitigation activities or
features with respect to, the new construction or
substantial improvement of any agricultural structure
in any area identified by the Director as having
special flood hazards, except to the extent provided in
section 1315(a)(2) and subject to subparagraphs (B) and
(C) of this paragraph.
``(B) Treatment of structures in certain areas
protected by levees.--Such criteria, with respect only
to structures in a covered levee-protected area--
``(i) may not prohibit, limit, restrict, or
condition, including requiring any
floodproofing or flood damage mitigation
activities or features with respect to, the new
construction or substantial improvement of any
agricultural structure; and
``(ii) shall provide that any substantial
improvement made to an existing residential
structure shall have the lowest floor
(including any basement) elevated to or above
the base flood level, except that for purposes
of determining whether any improvement of
residential structures in such an area is
substantial or not, the term `substantial
damage' shall mean, for any damage caused other
than by a flood event, damage for which the
cost of restoring the structure to its before-
damaged condition would equal or exceed 100
percent of the market value of the structure
before the damage occurred.
``(C) Treatment of existing structures in legacy
communities protected by levees.--Such criteria shall
provide that a legacy community located in a covered
levee-protected area may adopt adequate land use and
control measures that provide for the repair,
restoration to pre-damaged conditions, or replacement
of existing residential and non-residential structures
other than repetitive loss structures (as such term is
defined in section 1370).
``(2) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Agricultural structure.--The term
`agricultural structure' has the meaning given such
term in section 1315(a)(2)(D).
``(B) Covered levee-protected area.--The term
`covered levee-protected area' means any area that is
protected by a levee that is not accredited by the
Administrator, but provides protection with at least 1
foot of freeboard above the water surface elevation of
the base flood for such area.
``(C) Legacy community.--The term `legacy
community' means a community that--
``(i) has a population of less than 2,000;
and
``(ii) is located in an area for which a
substantial portion of the economy, currently
is and historically was, based on agricultural
production, as determined by the
Administrator.''.
(b) Exception to Existing Requirements for Agricultural
Structures.--Section 1315(a)(2) of the National Flood Insurance Act of
1968 (42 U.S.C. 4022(a)) is amended--
(1) in subparagraph (A), by striking ``Notwithstanding''
and inserting ``Subject to subparagraphs (B) and (C) of section
1361(d)(1) and notwithstanding''; and
(2) in subparagraph (B), by striking ``To'' and inserting
``Subject to subparagraphs (B) and (C) of section 1361(d)(1)
and to''.
SEC. 3. AVAILABILITY OF FLOOD INSURANCE COVERAGE AND CHARGEABLE RATES.
Section 1308 of the National Flood Insurance Act of 1968 (42 U.S.C.
4015) is amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by inserting ``of this subsection and to subsections (g)
and (h)'' before the comma; and
(2) by adding at the end the following new subsection:
``(g) New Construction and Substantial Improvement of Agricultural
Structures in Flood Hazard Areas.--Subject to section 1315(a)(2)(B) and
subsection (h) of this section, and notwithstanding any other provision
of this Act, the Director shall make flood insurance coverage available
upon request for any agricultural structure described in section
1361(d)(1)(A) that is located in any area identified by the Director as
having special flood hazards. Such coverage shall be made available at
chargeable premium rates that are based on estimated rates under
section 1307(a)(2) and are consistent with the provisions of section
1308(b)(2) applicable to such rates.
``(h) Structures in Covered Levee-Protected Areas.--The Director
shall make flood insurance coverage available upon request for any
structure that is located in an area described in subparagraph (B) or
(C) of section 1361(d)(1) and is constructed, improved, repaired,
restored, or replaced as described in such subparagraph, as applicable.
Such coverage shall be made available at chargeable premium rates
applicable to areas having a low or moderate risk of flooding (zone
X).''.
SEC. 4. TASK FORCE ON LEGACY COMMUNITY FLOOD INSURANCE ISSUES.
(a) Establishment; Study.--The Administrator of the Federal
Emergency Management Agency and the Secretary of Agriculture shall
jointly establish a task force that shall conduct a study to analyze
the challenges faced by legacy communities located in areas designated
as an area having special flood hazards for purposes of the national
flood insurance program under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.).
(b) Membership.--The task force shall consist of 15 members,
appointed jointly by the Administrator of the Federal Emergency
Management Agency and the Secretary of Agriculture, as follows:
(1) One individual who is a representative of a national
farm organization.
(2) One individual who is a representative of a national
financial organization.
(3) One individual who is a representative of a national
floodplain management organization.
(4) One individual who is a representative of a national
organization of flood and stormwater management agencies.
(5) One individual who is a representative of a national
agricultural commodities organization.
(6) Two individuals, each of whom is a representative of a
State affected by the issues specified in subsection (a).
(7) Three individuals, who shall include one representative
each of the flood control associations for--
(A) the Central Valley of California;
(B) the Mississippi Valley; and
(C) the Missouri Valley.
(8) Two individuals who are elected officials of units of
general local governments who represent legacy communities.
(9) Three individuals who have an interest or expertise in
the issues specified in subsection (a).
(c) Co-Chairs.--The Administrator of the Federal Emergency
Management Agency and the Secretary of Agriculture shall serve as co-
chairs of the task force, or their designees.
(d) Travel Expenses; Per Diem.--Members of the task force members
shall not receive compensation for their service on the task force, but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title 5,
United States Code.
(e) Staff.--The Administrator of the Federal Emergency Management
Agency and the Secretary of Agriculture may detail, on a reimbursable
basis, any of the personnel of such agencies to the task force to
assist the task force in carrying out its duties under this section.
(f) Report.--Not later than the expiration of the 12-month period
beginning on the date of the enactment of this Act, the task force
shall submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a report regarding the study conducted pursuant
to subsection (a) that shall include any findings and conclusions of
the study and recommended changes to the national flood insurance
program to strengthen the economic viability and vitality of legacy
communities, including an analysis and recommendations regarding
allowing infill development and building expansion.
(g) Legacy Communities.--For purposes of this section, the term
``legacy community'' means a community that--
(1) has a population of less than 2,000; and
(2) is located in an area for which a substantial portion
of the economy, currently is and historically was, based on
agricultural production, as determined by the Administrator.
(h) Termination.--The task force shall terminate upon the
expiration of the 120-day period beginning upon the submission of the
report required under subsection (f). | Flood Insurance for Farmers Act of 2012 - Amends the National Flood Insurance Act of 1968 with respect to development by the Administrator of the Federal Emergency Management Agency (FEMA) of comprehensive criteria designed to encourage adoption of adequate state and local measures for land-management programs in flood-prone areas.
Prohibits such criteria from placing prohibitions, restraints, or conditions, including requiring floodproofing or flood damage mitigation activities or related features, upon either new construction or substantial improvement of an agricultural structure in any area having special flood hazards.
Requires such criteria, with respect only to structures in certain levee-protected areas, to require any substantial improvement to an existing residential structure to have the lowest floor (including any basement) elevated to or above the base flood level.
Requires such criteria to permit a legacy community located in a covered levee-protected area to adopt adequate land use and control measures for: (1) repair or restoration to pre-damaged conditions, or (2) replacement of existing residential and non-residential structures other than repetitive loss structures.
Defines "legacy community" as one whose population is less than 2,000 and is located in an area for which a substantial portion of the economy currently is, and historically was, based upon agricultural production.
Directs the Administrator to make flood insurance coverage available upon request for: (1) an agricultural structure located in an area having special flood hazards, and (2) structures in covered levee-protected areas.
Directs the Administrator and the Secretary of Agriculture to establish jointly a task force to report to certain congressional committees on challenges faced by legacy communities located in areas having special flood hazards, including recommendations to: (1) strengthen the economic viability and vitality of such communities, and (2) allow infill development and building expansion. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to allow the construction and improvement of structures used for agricultural production in floodplains, and for other purposes."} | 2,047 | 382 | 0.701117 | 2.06908 | 0.883203 | 3.818966 | 5.241379 | 0.922414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Belarus Democracy Reauthorization
Act of 2006''.
SEC. 2. FINDINGS.
Section 2 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811
note) is amended to read as follows:
``SEC. 2. FINDINGS.
``Congress makes the following findings:
``(1) The Government of the Republic of Belarus has engaged in
a pattern of clear and uncorrected violations of human rights and
fundamental freedoms.
``(2) The Government of Belarus has engaged in a pattern of
clear and uncorrected violations of basic principles of democratic
governance, including through a series of fundamentally flawed
presidential and parliamentary elections undermining the legitimacy
of executive and legislative authority in that country.
``(3) The most recent presidential elections in Belarus held on
March 19, 2006, failed to meet the commitments of the Organization
for Security and Cooperation in Europe (OSCE) for democratic
elections and the arbitrary use of state power and widespread
detentions show a disregard for the basic rights of freedom of
assembly, association, and expression, and raise doubts regarding
the willingness of authorities in Belarus to tolerate political
competition.
``(4) The regime of Aleksandr Lukashenka has maintained power
in Belarus by orchestrating an illegal and unconstitutional
referendum that enabled him to impose a new constitution, abolish
the duly-elected parliament, the 13th Supreme Soviet, install a
largely powerless National Assembly, extend his term of office, and
remove applicable term limits.
``(5) The Government of Belarus has failed to make a credible
effort to solve the cases of disappeared opposition figures Yuri
Zakharenka, Viktor Gonchar, and Anatoly Krasovsky in 1999 and
journalist Dmitry Zavadsky in 2000, even though credible
allegations and evidence exist linking top officials of the
Lukashenka regime with these disappearances.
``(6) Political opposition figures Aleksandr Kozulin, Tsimafei
Dranchuk, Mikalay Astreyka, Artur Finkevich, Mikalay Razumau,
Katsyaryna Sadouskaya, Zmitser Dashkevich, Mikhail Marynich,
Mikalay Statkevych, Pavel Sevyarinets, Andrei Klimau, Valery
Levaneusky, and Siarhei Skrebets have been imprisoned or served
`corrective labor' sentences because of their political activity.
``(7) Hundreds of pro-democratic political activists have been
subjected to frequent harassment and jailings, especially during,
and in the aftermath of the fatally flawed March 19, 2006,
presidential elections in Belarus.
``(8) The Government of Belarus has attempted to maintain a
monopoly over the country's information space, targeting
independent media for systematic reprisals and elimination, while
suppressing the right to freedom of speech and expression of those
dissenting from the regime.
``(9) The Belarusian authorities have perpetuated a climate of
fear in Belarus by mounting a systematic crackdown on civil society
through the harassment, repression, and closure of nongovernmental
organizations and independent trade unions.
``(10) The Lukashenka regime has increasingly subjected leaders
and members of minority and unregistered religious communities to
harassment, including the imposition of heavy fines, denying
permission to meet for religious services, prosecutions, and jail
terms for activities in the practice of their faith.
``(11) The Belarusian authorities have further attempted to
silence dissent through retribution against human rights and pro-
democracy activists through threats, firings, expulsions, beatings
and other forms of intimidation.''.
SEC. 3. STATEMENT OF POLICY.
The Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is
amended--
(1) by striking section 8;
(2) by redesignating sections 3 through 7 as sections 4 through
8, respectively; and
(3) by inserting after section 2 the following new section:
``SEC. 3. STATEMENT OF POLICY.
``It is the policy of the United States--
``(1) to call upon the immediate release without preconditions
of all political prisoners in Belarus;
``(2) to support the aspirations of the people of the Republic
of Belarus for democracy, human rights, and the rule of law;
``(3) to support the aspirations of the people of the Republic
of Belarus to preserve the independence and sovereignty of their
country;
``(4) to seek and support the growth of democratic movements
and institutions in Belarus, with the ultimate goal of ending
tyranny in that country;
``(5) to refuse to accept the results of the fatally flawed
March 19, 2006, presidential elections held in Belarus and support
the call for new presidential elections;
``(6) to refuse to recognize any possible referendum, or the
results of any referendum, that would affect the sovereignty of
Belarus; and
``(7) to work closely with other countries and international
organizations, including the European Union, to promote the
conditions necessary for the integration of Belarus into the
European community of democracies.''.
SEC. 4. ASSISTANCE TO PROMOTE DEMOCRACY AND CIVIL SOCIETY IN BELARUS.
(a) Purposes of Assistance.--Section 4(a) of the Belarus Democracy
Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
(1) in paragraph (1), by striking ``regaining their freedom and
to enable them'' and inserting ``their pursuit of freedom,
democracy, and human rights and in their aspiration'';
(2) in paragraph (2)--
(A) by striking ``free and fair'' and inserting ``free,
fair, and transparent''; and
(B) by adding at the end before the period the following:
``and independent domestic observers''; and
(3) in paragraph (3), by striking ``restoring and strengthening
institutions of democratic governance'' and inserting ``the
development of a democratic political culture and civil society''.
(b) Activities Supported.--Section 4(c) of the Belarus Democracy
Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended--
(1) by redesignating paragraphs (6) and (7) as paragraphs (7)
and (8), respectively;
(2) by striking paragraphs (1) through (5) and inserting the
following new paragraphs:
``(1) expanding independent radio and television broadcasting
to and within Belarus;
``(2) facilitating the development of independent broadcast,
print, and Internet media working within Belarus and from locations
outside the country and supported by nonstate-controlled printing
facilities;
``(3) aiding the development of civil society through
assistance to nongovernmental organizations promoting democracy and
supporting human rights, including youth groups, entrepreneurs, and
independent trade unions;
``(4) supporting the work of human rights defenders;
``(5) enhancing the development of democratic political
parties;
``(6) assisting the promotion of free, fair, and transparent
electoral processes;''; and
(3) in paragraph (7) (as redesignated), by inserting
``enhancing'' before ``international exchanges''.
(c) Authorization of Appropriations.--
(1) Amendment.--Section 4(d)(1) of the Belarus Democracy Act of
2004 (22 U.S.C. 5811 note) (as redesignated) is amended by striking
``2005 and 2006'' and inserting ``2007 and 2008''.
(2) Rule of construction.--The amendment made by paragraph (1)
shall not be construed to affect the availability of funds
appropriated pursuant to the authorization of appropriations under
section 4(d) of the Belarus Democracy Act of 2004 (as redesignated)
before the date of the enactment of this Act.
SEC. 5. RADIO AND TELEVISION BROADCASTING TO BELARUS.
(a) Purpose.--Section 5(a) of the Belarus Democracy Act of 2004 (22
U.S.C. 5811 note) (as redesignated) is amended by striking ``radio
broadcasting'' and inserting ``radio and television broadcasting''.
(b) Authorization of Appropriations.--Section 5(b) of the Belarus
Democracy Act of 2004 (22 U.S.C. 5811 note) (as redesignated) is
amended by striking ``radio broadcasting'' and inserting ``radio and
television broadcasting''.
(c) Conforming Amendment.--Section 5 of the Belarus Democracy Act
of 2004 (22 U.S.C. 5811 note) (as redesignated) is amended in the
heading by striking ``radio broadcasting'' and inserting ``radio and
television broadcasting''.
SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
Section 6 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811
note) (as redesignated) is amended to read as follows:
``SEC. 6. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
``(a) Application of Sanctions.--The sanctions described in
subsections (c) through (f) should apply with respect to the Republic
of Belarus until the President determines and certifies to the
appropriate congressional committees that the Government of Belarus has
made significant progress in meeting the conditions described in
subsection (b).
``(b) Conditions.--The conditions referred to in subsection (a) are
the following:
``(1) The release of individuals in Belarus who have been
jailed based on political or religious beliefs.
``(2) The withdrawal of politically motivated legal charges
against all opposition activists and independent journalists in
Belarus.
``(3) A full accounting of the disappearances of opposition
leaders and journalists in Belarus, including Victor Gonchar,
Anatoly Krasovsky, Yuri Zakharenka, and Dmitry Zavadsky, and the
prosecution of those individuals who are in any way responsible for
their disappearances.
``(4) The cessation of all forms of harassment and repression
against the independent media, independent trade unions,
nongovernmental organizations, youth groups, religious
organizations (including their leadership and members), and the
political opposition in Belarus.
``(5) The prosecution of senior leadership of the Government of
Belarus responsible for the administration of fraudulent elections.
``(6) A full accounting of the embezzlement of state assets by
senior leadership of the Government of Belarus, their family
members, and other associates.
``(7) The holding of free, fair and transparent presidential
and parliamentary elections in Belarus consistent with OSCE
standards and under the supervision of internationally recognized
observers and independent domestic observers.
``(c) Denial of Entry Into the United States of Senior Leadership
of the Government of Belarus.--Notwithstanding any other provision of
law, the President may exercise the authority under section 212(f) of
the Immigration and Nationality Act (8 U.S.C. 1182(f)) to deny the
entry into the United States of any alien who--
``(1) holds a position in the senior leadership of the
Government of Belarus;
``(2) is an immediate family member of a person inadmissible
under subparagraph (A); or
``(3) through his or her business dealings with senior
leadership of the Government of Belarus derives significant
financial benefit from policies or actions, including electoral
fraud, human rights abuses, or corruption, that undermine or injure
democratic institutions or impede the transition to democracy in
Belarus.
``(d) Prohibition on Loans and Investment.--
``(1) United states government financing.--It is the sense of
Congress that no loan, credit guarantee, insurance, financing, or
other similar financial assistance should be extended by any agency
of the Government of the United States (including the Export-Import
Bank of the United States and the Overseas Private Investment
Corporation) to the Government of Belarus, except with respect to
the provision of humanitarian goods and agricultural or medical
products.
``(2) Trade and development agency.--It is the sense of
Congress that no funds available to the Trade and Development
Agency should be available for activities of the Agency in or for
Belarus.
``(e) Multilateral Financial Assistance.--The Secretary of the
Treasury should instruct the United States Executive Director of each
international financial institution to which the United States is a
member to use the voice and vote of the United States to oppose any
extension by those institutions of any financial assistance (including
any technical assistance or grant) of any kind to the Government of
Belarus, except for loans and assistance that serve humanitarian needs.
``(f) Blocking of Assets and Other Prohibited Activities.--
``(1) Blocking of assets.--It is the sense of Congress that the
President should block all property and interests in property,
including all commercial, industrial, or public utility
undertakings or entities, that, on or after the date of the
enactment of the Belarus Democracy Reauthorization Act of 2006--
``(A) are owned, in whole or in part, by the Government of
Belarus, or by any member or family member closely linked to
any member of the senior leadership of the Government of
Belarus, or any person who through his or her business dealings
with senior leadership of the Government of Belarus derives
significant financial benefit from policies or actions,
including electoral fraud, human rights abuses, or corruption,
that undermine or injure democratic institutions or impede the
transition to democracy in Belarus; and
``(B) are in the United States, or in the possession or
control of the Government of the United States or of any United
States financial institution, including any branch or office of
such financial institution that is located outside the United
States.
``(2) Prohibited activities.--Activities prohibited by reason
of the blocking of property and interests in property under
paragraph (1) should include--
``(A) payments or transfers of any property, or any
transactions involving the transfer of anything of economic
value by any United States person, to the Government of
Belarus, to any person or entity acting for or on behalf of, or
owned or controlled, directly or indirectly, by that
government, or to any member of the senior leadership of the
Government of Belarus;
``(B) the export or reexport to any entity owned,
controlled, or operated by the Government of Belarus, directly
or indirectly, of any goods, technology, or services, either--
``(i) by a United States person; or
``(ii) involving the use of any air carrier (as defined
in section 40102 of title 49, United States Code) or a
vessel documented under the laws of the United States; and
``(C) the performance by any United States person of any
contract, including a contract providing a loan or other
financing, in support of an industrial, commercial, or public
utility operated, controlled, or owned by the Government of
Belarus.
``(3) Payment of expenses.--All expenses incident to the
blocking and maintenance of property blocked under paragraph (1)
should be charged to the owners or operators of such property. Such
expenses may not be paid from blocked funds.
``(4) Rule of construction.--Nothing in this subsection shall
be construed to prohibit any contract or other financial
transaction with any private or nongovernmental organization or
business in Belarus.
``(5) Exceptions.--Paragraphs (1) and (2) do not apply to--
``(A) assistance authorized under section 4 or 5 of this
Act; or
``(B) medicine, medical equipment or supplies, food, as
well as any other form of humanitarian assistance provided to
Belarus as relief in response to a humanitarian crisis.
``(6) Penalties.--Any person who violates any prohibition or
restriction imposed under this subsection should be subject to the
penalties under section 6 of the International Emergency Economic
Powers Act (50 U.S.C. 1705) to the same extent as for a violation
under that Act.
``(7) Definitions.--In this subsection:
``(A) Air carrier.--The term `air carrier' has the meaning
given that term in section 40102 of title 49, United States
Code.
``(B) United states person.--The term `United States
person' means--
``(i) any United States citizen or alien admitted for
permanent residence to the United States;
``(ii) any entity organized under the laws of the
United States; and
``(iii) any person in the United States.''.
SEC. 7. MULTILATERAL COOPERATION.
Section 7 of the Belarus Democracy Act of 2004 (22 U.S.C. 5811
note) (as redesignated) is amended--
(1) by striking ``to coordinate with'' and inserting ``the
support of''; and
(2) by striking ``a comprehensive'' and inserting ``for a
comprehensive''.
SEC. 8. DEFINITIONS.
Section 9(3) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811
note) is amended--
(1) in subparagraph (A), by inserting ``governors, heads of
state enterprises,'' after ``Chairmen of State Committees,''; and
(2) in subparagraph (B)--
(A) by striking ``who is'' and inserting the following:
``who--
``(i) is'';
(B) by striking ``and'' at the end and inserting ``or'';
and
(C) by adding at the end the following new clause:
``(ii) is otherwise engaged in public corruption in
Belarus; and''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Belarus Democracy Reauthorization Act of 2006 - (Sec. 3) Amends the Belarus Democracy Act of 2004 to state that it is U.S. policy to: (1) call for the immediate release of all political prisoners in Belarus; (2) support the aspirations of the people of the Republic of Belarus for democracy, human rights, the rule of law, and to preserve their country's independence; (3) support the growth of democratic movements and institutions in Belarus; (4) refuse to accept the results of the March 2006 presidential elections in Belarus and support new presidential elections; (5) refuse to recognize any referendum that would affect Belarus' sovereignty; and (6) work with other countries and international organizations to promote Belarus' integration into the European community of democracies.
(Sec. 4) Revises the activities which may be supported by assistance under this Act, including support for youth groups, independent trade unions and entrepreneurs, human rights defenders, independent media, democratic political parties, and international exchanges. Extends authorization of appropriations through FY2008 for such purposes.
(Sec. 5) Includes television broadcasting within the scope of increased support and funding for U.S. government and surrogate broadcasting to Belarus. (Currently, such support is limited to radio broadcasting.)
(Sec. 6) Establishes specified economic and U.S. entry sanctions against Belarus until the President certifies to the appropriate congressional committees that the government of Belarus has made progress in meeting specified conditions respecting: (1) release of political and religious prisoners and accounting for the disappearances of opposition leaders and journalists; (2) cessation of political harassment; (3) prosecution of senior government leaders for embezzlement of state assets and administration of fraudulent elections; and (4) holding free presidential and parliamentary elections under independent supervision.
Authorizes the President to deny U.S. entry to any alien who: (1) is in the senior leadership of the government of Belarus; (2) is an immediate family member of such person; or (3) through business dealings with senior government leadership derives significant financial benefit from policies or actions that undermine democratic institutions or impede Belarus' transition to democracy.
Expresses the sense of Congress that: (1) no loan, credit guarantee, insurance, financing, or other similar financial assistance should be extended by any U.S. agency (including the Export-Import Bank and the Overseas Private Investment Corporation) to the government of Belarus, except for humanitarian goods and agricultural or medical products; and (2) no funds available to the Trade and Development Agency should be available for Agency activities in or for Belarus.
Expresses the sense of Congress that the President should block all property and property interests that on or after the date of the enactment of this Act: (1) are owned in whole or in part by the government of Belarus, or by any member or family member closely linked to senior government leadership, or any person who through business dealings with senior government leadership derives significant financial benefit from policies or actions that undermine or injure democratic institutions or impede Belarus' transition to democracy; and (2) are in the United States, or in the possession or control of the U.S. government or of any U.S. financial institution, including any branch or office located outside the United States.
States that activities prohibited by the blocking of such property interests should include: (1) payments or transfers of property or anything of economic value by any U.S. person to the government of Belarus or to any entity or person acting on its behalf, or to any member of its senior leadership; (2) the export or reexport to any entity owned, controlled, or operated by the government of Belarus of any goods, technology, or services, either by a U.S. person or involving the use of any air carrier or a vessel documented under U.S. law; and (3) the performance by any U.S. person of any contract, including a contract providing a loan or other financing, in support of an industrial, commercial, or public utility operated, controlled, or owned by the government of Belarus.
Exempts from such prohibitions: (1) assistance under sections 4 or 5 of this Act; or (2) medicine, medical equipment, food, or other humanitarian assistance provided to Belarus in response to a humanitarian crisis.
States that such prohibitions shall be not construed to prohibit financial transactions with any private or nongovernmental organization or business in Belarus.
Subjects violators of such asset and property prohibitions to specified penalties under the International Emergency Economic Powers Act.
(Sec. 8) Amends the definition of "senior leadership of the government of Belarus." | {"src": "billsum_train", "title": "To reauthorize the Belarus Democracy Act of 2004."} | 3,935 | 977 | 0.514351 | 2.015166 | 0.607153 | 4.244395 | 4.014574 | 0.93722 |
SECTION 1. LIBERALIZATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
(a) In General.--Effective with respect to taxable years ending
after 1993, subparagraph (D) of section 203(f)(8) of the Social
Security Act (42 U.S.C. 403(f)(8)) is amended to read as follows:
``(D) Notwithstanding any other provision of this
subsection, the exempt amount which is applicable to an
individual who has attained retirement age (as defined in
section 216(l)) before the close of the taxable year involved--
``(i) shall be $1,130 for each month of any taxable
year ending after 1993 and before 1995,
``(ii) shall be $1,380 for each month of any
taxable year ending after 1994 and before 1996,
``(iii) shall be $1,630 for each month of any
taxable year ending after 1995 and before 1997,
``(iv) shall be $1,880 for each month of any
taxable year ending after 1996 and before 1998, and
``(v) shall be $2,130 for each month of any taxable
year ending after 1997 and before 1999.''.
(b) Conforming Amendment.--The second sentence of section 223(d)(4)
of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``which is
applicable to individuals described in subparagraph (D) thereof'' and
inserting ``which would be applicable to individuals who have attained
retirement age (as defined in section 216(l)) without regard to any
increase in such amount resulting from a law enacted in 1993''.
SEC. 2. REPEAL OF EARNINGS TEST IN 1999 FOR INDIVIDUALS WHO HAVE
ATTAINED RETIREMENT AGE.
Effective with respect to taxable years ending after 1998--
(1) clause (B) in the third sentence of section 203(f)(1)
of the Social Security Act (42 U.S.C. 403(f)(1)) is amended to
read as follows: ``(B) in any taxable year before the close of
which such individual has attained retirement age (as defined
in section 216(l)),''; and
(2) the first sentence of section 203(f)(3) of such Act (42
U.S.C. 403(f)(3)) is amended to read as follows: ``For purposes
of paragraph (1) and subsection (h), an individual's excess
earnings for a taxable year shall be 50 percent of his earnings
for such year in excess of the product of (A) the applicable
exempt amount as determined under paragraph (8), and (B) the
number of months in such year; except that no part of the
earnings of an individual for any taxable year shall constitute
excess earnings for such purposes if the individual has
attained retirement age (as defined in section 216(l)) before
the close of that year.''.
SEC. 3. ACCELERATION OF 8 PERCENT DELAYED RETIREMENT CREDIT.
Effective with respect to taxable years ending after 1998,
paragraph (6) of section 202(w) of the Social Security Act (42 U.S.C.
402(w)(6)) is amended--
(1) by striking ``2005'' in subparagraph (C) and inserting
``1993''; and
(2) by striking ``2004'' in subparagraph (D) and inserting
``1992''.
SEC. 4. CONFORMING AND RELATED AMENDMENTS.
Effective with respect to taxable years ending after 1991--
(1) section 203(c)(1) of the Social Security Act (42 U.S.C.
403(c)(1)) is amended by striking ``is under the age of
seventy'' and inserting ``is under retirement age (as defined
in section 216(l))'';
(2) paragraphs (1)(A) and (2) of section 203(d) of such Act
(42 U.S.C. 403(d)(1)(A), (2)) are each amended by striking
``under the age of seventy'' and inserting ``under retirement
age (as defined in section 216(l))'';
(3) subparagraph (D) of section 203(f)(5) of such Act (42
U.S.C. 403(f)(5)(D)) is amended--
(A) by striking ``(D) In the case of'' and all that
follows down through ``(ii) an individual'' and
inserting the following:
``(D) In the case of an individual'';
(B) by striking ``became entitled to such
benefits'' and all that follows and inserting ``became
entitled to such benefits, there shall be excluded from
gross income any such other income.''; and
(C) by shifting such subparagraph as so amended to
the left to the extent necessary to align its left
margin with that of subparagraphs (A) through (C) of
such section;
(4) section 203(f)(8)(A) of such Act (42 U.S.C.
403(f)(8)(A)) is amended by striking ``the new exempt amounts
(separately stated for individuals described in subparagraph
(D) and for other individuals) which are to be applicable'' and
inserting ``the new exempt amount which is to be applicable'';
(5) section 203(f)(8)(B) of such Act (42 U.S.C.
403(f)(8)(B)) is amended--
(A) by striking all that precedes clause (i) and
inserting the following:
``(B) The exempt amount which is applicable for each month
of a particular taxable year shall be whichever of the
following is the larger--'';
(B) by striking ``corresponding'' in clause (i);
and
(C) by striking ``an exempt amount'' in the matter
following clause (ii) and inserting ``the exempt
amount'';
(6) section 203(f)(8)(D) of such Act (42 U.S.C.
403(f)(8)(D)) (as amended by section 1 of this Act) is
repealed;
(7) section 203(f)(9) of such Act (42 U.S.C. 403(f)(9)) is
repealed;
(8) section 203(h)(1)(A) of such Act (42 U.S.C.
403(h)(1)(A)) is amended by striking ``age 70'' each place it
appears and inserting ``retirement age (as defined in section
216(l))'';
(9) section 203(j) of such Act (42 U.S.C. 403(j)) is
amended to read as follows:
``Attainment of Retirement Age
``(j) For purposes of this section--
``(1) an individual shall be considered as having attained
retirement age (as defined in section 216(l)) during the entire
month in which he attains such age; and
``(2) the term `retirement age (as defined in section
216(l))', with respect to any individual entitled to monthly
insurance benefits under section 202, means the retirement age
(as so defined) which is applicable in the case of old-age
insurance benefits, regardless of whether or not the particular
benefits to which the individual is entitled (or the only such
benefits) are old-age insurance benefits.''; and
(10) the second sentence of section 223(d)(4) of such Act
(42 U.S.C. 423(d)(4)) (as amended by section 1(b) of this Act)
is further amended by striking ``without regard to any increase
in such amount resulting from a law enacted in 1993'' and
inserting ``but for the liberalization and repeal of the
earnings test for such individuals in 1993''. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to increase for each year from 1994 through 1998 the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. Removes such income limitation thereafter. Accelerates the effective dates of increases in the delayed retirement credit rate for individuals who work beyond retirement age. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to phase out the earnings test over a 5-year period for individuals who have attained age 65, and for other purposes."} | 1,835 | 86 | 0.483898 | 1.170702 | 0.567777 | 1.546667 | 20 | 0.72 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MARPOL Annex VI Implementation Act
of 2006''.
SEC. 2. REFERENCES.
Wherever in this Act an amendment or repeal is expressed in terms
of an amendment to or a repeal of a section or other provision, the
reference shall be considered to be made to a section or other
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et
seq.).
SEC. 3. DEFINITIONS.
Section 2(a) (33 U.S.C. 1901(a)) is amended--
(1) by redesignating the paragraphs (1) through (12) as
paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(3) in paragraph (5), as so redesignated, by striking ``and
V'' and inserting ``V, and VI''; and
(4) in paragraph (6), as so redesignated, by striking
```discharge' and `garbage' and `harmful substance' and
`incident''' and inserting ```discharge', `emission',
`garbage', `harmful substance', and `incident'''.
SEC. 4. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended--
(1) in subsection (a)--
(A) by striking ``and'' after the semicolon at the
end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and'';
(C) and by adding at the end the following new
paragraph:
``(5) with respect to Annex VI to the Convention, and to
the extent consistent with international law, to a ship, other
than a ship referred to in paragraph (1), that--
``(A) is in a port, shipyard, offshore terminal, or
the internal waters of the United States;
``(B) is in the territorial sea of the United
States as defined in Presidential Proclamation 5928 of
December 27, 1988;
``(C) is in an emission control area designated
pursuant to section 4; or
``(D) is bound for, or departing a port, shipyard,
offshore terminal, or the internal waters of the United
States; and is in any other area that the
Administrator, in consultation with the Secretary, has
designated by regulation and based on the best
available scientific data as being an area from which
emissions from ships are of concern with respect to
protection of public health, welfare, or the
environment.'';
(2) in subsection (b)(1) by inserting ``or (3)'' after
``paragraph (2)'';
(3) in subsection (b) by adding at the end the following
new paragraph:
``(3) With respect to Annex VI to the Convention, the head of a
Federal department or agency may determine that some or all of the
requirements under this Act shall apply to one or more classes of
public vessels operated under the authority of such department or
agency.''; and
(4) in subsection (d)--
(A) by inserting ``, or the Administrator as
authorized by section 4,'' after ``Secretary'';
(B) by inserting ``(or an applicable Annex)'' after
``MARPOL Protocol'' the first place it appears; and
(C) by inserting ``and Annex VI'' after ``Annex
V''.
SEC. 5. ADMINISTRATION AND ENFORCEMENT.
Section 4(b) (33 U.S.C. 1903(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) by inserting after paragraph (1) the following new
paragraphs:
``(2) In prescribing regulations under this section to carry out
the provisions of Annex VI to the Convention, the Secretary shall
consult with the Administrator with respect to Regulations 12 and 16 of
such Annex and with the Administrator and the Secretary of the Interior
with respect to Regulation 19 of such Annex.
``(3) In addition to the authority the Secretary has to prescribe
regulations under this section to carry out Annex VI to the Convention,
the Administrator, in consultation with the Secretary, shall prescribe
any necessary or desired regulations to carry out Regulations 13, 14,
15, and 18 of such Annex.''; and
(3) by adding at the end the following new paragraph:
``(5) No standard issued by any person or Federal agency regarding
emissions from tank vessels that are subject to Regulation 15 of Annex
VI to the Convention shall be effective until six months after the date
on which the Secretary submits a notification to the International
Maritime Organization that such standard has been established.''.
SEC. 6. CERTIFICATES.
Section 5 (33 U.S.C. 1904) is amended--
(1) in subsection (a)--
(A) by striking ``The'' and inserting ``(1) Except
as provided in paragraph (2), the''; and
(B) by adding at the end the following new
paragraph:
``(2) The Administrator shall, and no other person may, issue an
Engine International Air Pollution Prevention Certificate in accordance
with Annex VI to the Convention and the International Maritime
Organization's Technical Code on Control of Emissions of Nitrogen
Oxides from Marine Diesel Engines, on behalf of the United States. The
issuance of such certificates shall be consistent with any applicable
requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) and
regulations promulgated thereunder.'';
(2) by striking subsection (b) and inserting the following:
``(b) A certificate issued by a country that is a party to the
MARPOL Protocol has the same validity as a certificate issued by the
Secretary under the authority of this Act, or by the Administrator
under the authority of subsection (a)(2).''; and
(3) in subsection (e) by inserting ``or the public health
or welfare'' after ``marine environment''.
SEC. 7. RECEPTION FACILITIES.
Section 6 (33 U.S.C. 1905) is amended--
(1) in subsection (a) by adding at the end the following
new paragraph:
``(3) The Secretary, after consulting with appropriate Federal
agencies, shall establish regulations to require that ports and
terminals provide reception facilities for receiving ozone depleting
substances, equipment containing such substances, and exhaust gas
cleaning residues or ensure that such facilities are available. The
regulations shall establish criteria for determining the adequacy of
reception facilities for receiving such substances, equipment, or
residues at a port or terminal and such additional measures and
requirements as are appropriate to ensure such adequacy.
``(4) The Secretary may establish regulations to certify, and may
issue certificates to the effect, that a port's or terminal's
facilities for receiving such substances, equipment, and residues from
ships are adequate.'';
(2) in subsection (c)(2)(A) by inserting ``or (a)(3)''
after ``subsection (a)(2)'';
(3) by striking subsection (e)(2) and inserting the
following:
``(2) The Secretary may deny the entry of a ship to a port or
terminal required by regulations issued under this section to provide
adequate reception facilities for garbage, ozone depleting substances,
equipment containing such substances, and exhaust gas cleaning residues
if the port of terminal is not in compliance with such regulations.'';
and
(4) in subsection (f)(1) by striking ``MARPOL Protocol or
the Antarctic Protocol'' and inserting ``MARPOL Protocol, the
Antarctic Protocol, or this Act''.
SEC. 8. INSPECTIONS.
Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
``(f)(1) The Secretary may inspect a ship to which this Act applies
as provided under section 3(a)(5), to verify whether the ship is in
compliance with Annex VI to the Convention and this Act.
``(2) If an inspection under this subsection or any other
information indicates that a violation has occurred, the Secretary may
undertake enforcement action under this section.''.
SEC. 9. AMENDMENTS TO THE PROTOCOL.
Section 10(b) (33 U.S.C. 1909(b)) is amended by striking ``Annex I,
II, or V'' and by inserting ``Annex I, II, V, or VI''.
SEC. 10. EFFECT ON OTHER LAWS.
Section 15 (33 U.S.C. 1911) is amended to read as follows:
``SEC. 15. EFFECT ON OTHER LAWS.
``Authorities, requirements, and remedies of this Act supplement
and neither amend nor repeal any other authorities, requirements, or
remedies conferred by any other provision of law. Nothing in this Act
shall limit, deny, amend, modify, or repeal any other authority,
requirement, or remedy available to the United States or any other
person, except as expressly provided in this Act.''.
SEC. 11. TECHNICAL CORRECTIONS.
Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b),
and (d)) are amended by striking the second comma after ``MARPOL
Protocol'' each place it appears. | MARPOL Annex VI Implementation Act of 2006 - (Sec. 4) Applies (with regard to Annex VI of the International Convention for the Prevention of Pollution from Ships, 1973) federal law relating to the prevention of pollution from ships to certain foreign ships. Allows the head of a federal department or agency to apply those provisions of federal law to one or more classes of public vessels operated under the authority of that department or agency.
(Sec. 6) Limits to the Administrator of the Environmental Protection Agency (EPA), on behalf of the United States, issuance of an Engine International Air Pollution Prevention Certificate in accordance with Annex VI to the Convention and the International Maritime Organization's Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines. Gives a certificate issued by a country that is a party to the MARPOL Protocol (the Protocol of 1978 relating to and including the Convention) the same validity as a certificate issued by the Secretary (Secretary) of the department in which the Coast Guard is operating or by the Administrator.
(Sec. 7) Requires ports and terminals to ensure the availability of reception facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas cleaning residues.
(Sec. 8) Authorizes the Secretary to inspect ships to verify compliance and to take enforcement actions for violations.
(Sec. 9) Authorizes the Secretary of State, after consulting with the Secretary, to act for the United States on Annex VI amendments. | {"src": "billsum_train", "title": "To implement the Protocol of 1997 to the International Convention for the Prevention of Pollution from Ships, 1973, and for other purposes."} | 2,117 | 344 | 0.521045 | 1.548603 | 0.660299 | 3.923077 | 6.933566 | 0.909091 |
SECTION 1. DEDUCTION FOR QUALIFIED SMALL BUSINESS INCOME.
(a) In General.--Paragraph (1) of section 199(a) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(1) In general.--There shall be allowed as a deduction an
amount equal to the sum of--
``(A) 9 percent of the lesser of--
``(i) the qualified production activities
income of the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable year,
and
``(B) in the case of a qualified small business for
a taxable year beginning in 2010 or 2011, 20 percent of
the lesser of--
``(i) the qualified small business income
of the taxpayer for the taxable year, or
``(ii) taxable income (determined without
regard to this section) for the taxable
year.''.
(b) Qualified Small Business; Qualified Small Business Income.--
Section 199 of such Code is amended by adding at the end the following
new subsection:
``(e) Qualified Small Business; Qualified Small Business Income.--
``(1) Qualified small business.--
``(A) In general.--For purposes of this section,
the term `qualified small business' means any taxpayer
for any taxable year if the annual average number of
employees employed by such taxpayer during such taxable
year was 500 or fewer.
``(B) Aggregation rule.--For purposes of
subparagraph (A), any person treated as a single
employer under subsection (a) or (b) of section 52
(applied without regard to section 1563(b)) or
subsection (m) or (o) of section 414 shall be treated
as 1 taxpayer for purposes of this subsection.
``(C) Special rule.--If a taxpayer is treated as a
qualified small business for any taxable year, the
taxpayer shall not fail to be treated as a qualified
small business for any subsequent taxable year solely
because the number of employees employed by such
taxpayer during such subsequent taxable year exceeds
500. The preceding sentence shall cease to apply to
such taxpayer in the first taxable year in which there
is an ownership change (as defined by section 382(g) in
respect of a corporation, or by applying principles
analogous to such ownership change in the case of a
taxpayer that is a partnership) with respect to the
stock (or partnership interests) of the taxpayer.
``(2) Qualified small business income.--
``(A) In general.--For purposes of this section,
the term `qualified small business income' means the
excess of--
``(i) the income of the qualified small
business which--
``(I) is attributable to the actual
conduct of a trade or business,
``(II) is income from sources
within the United States (within the
meaning of section 861), and
``(III) is not passive income (as
defined in section 904(d)(2)(B)), over
``(ii) the sum of--
``(I) the cost of goods sold that
are allocable to such income, and
``(II) other expenses, losses, or
deductions (other than the deduction
allowed under this section), which are
properly allocable to such income.
``(B) Exceptions.--The following shall not be
treated as income of a qualified small business for
purposes of subparagraph (A):
``(i) Any income which is attributable to
any property described in section 1400N(p)(3).
``(ii) Any income which is attributable to
the ownership or management of any professional
sports team.
``(iii) Any income which is attributable to
a trade or business described in subparagraph
(B) of section 1202(e)(3).
``(iv) Any income which is attributable to
any property with respect to which records are
required to be maintained under section 2257 of
title 18, United States Code.
``(C) Allocation rules, etc.--Rules similar to the
rules of paragraphs (2), (3), (4)(D), and (7) of
subsection (c) shall apply for purposes of this
paragraph.
``(3) Special rules.--Except as otherwise provided by the
Secretary, rules similar to the rules of subsection (d) shall
apply for purposes of this subsection.''.
(c) Conforming Amendments.--
(1) Section 199(a)(2) of such Code is amended by striking
``paragraph (1)'' and inserting ``paragraph (1)(A)''.
(2) The following provisions of section 199 of such Code
are each amended by striking ``(a)(1)(B)'' and inserting
``(a)(1)(A)(ii)'':
(A) Subsection (d)(2).
(B) Subsection (d)(6)(B).
(C) Subsection (d)(7).
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2009. | Amends the Internal Revenue Code to allow a small business that employs 500 or fewer employees a tax deduction in 2010 and 2011 for 20% of the lesser of its qualified small business income or its taxable income. Defines "qualified small business income" to include income which is from sources within the United States and which is not passive income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a deduction for certain small business income."} | 1,157 | 74 | 0.550621 | 1.232177 | 0.560786 | 1.969231 | 16.030769 | 0.830769 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fuel Price Fairness Act''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Commission'' means the Federal Trade
Commission;
(2) the term ``integrated oil company'' has the meaning
given such term in section 291(b)(4) of the Internal Revenue
Code of 1986 (26 U.S.C. 291(b)(4)); and
(3) the term ``refinery'' means any industrial plant
located in the United States which is designed to serve the
primary purpose of processing liquid fuel from crude oil or
qualified fuels.
SEC. 3. DECLARATION OF ENERGY PRICE EMERGENCY.
(a) Declaration.--The Commission, in consultation with the
Secretary of Energy, shall have the authority to declare a national or
regional energy price emergency if the Commission finds that the
health, safety, welfare, or economic well-being of the citizens of the
United States, or a region of the United States, is at risk because of
a shortage or imminent shortage of adequate supplies of crude oil,
gasoline, diesel fuel, or home heating oil due to a disruption of
national or regional distribution systems for crude oil, gasoline,
natural gas, or petroleum distillates (including such a shortage
related to a major disaster (as defined in section 102(2) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5122))), or significant pricing anomalies in national or regional
energy markets for crude oil, gasoline, diesel fuel, or home heating
oil of a more than transient nature.
(b) Information Sharing.--For purposes of monitoring the supplies
of crude oil, gasoline, diesel fuel, or home heating oil in compliance
with subsection (a), the Secretary of Energy shall permit the
Commission to have regular and constant access to any information
obtained by or in the possession of the Energy Information
Administration.
(c) Duration of Declared Emergency.--A national or regional price
emergency declared under this section shall terminate not later than 30
days after such a declaration at the discretion of the Commission.
SEC. 4. DISCLOSURE OR ENERGY PRICING DURING ENERGY PRICE EMERGENCY.
During a declared national or regional energy price emergency, an
integrated oil company or refinery shall--
(1) not later than 30 days after a declaration of such an
emergency, disclose to the Commission the prevailing price of
crude oil and wholesale price of refined gasoline, diesel, home
heating oil, based on invoices, for each week during the period
of 60 days immediately preceding the declaration of an energy
emergency; and
(2) not later than 15 days after a termination of such an
emergency, disclose to the Commission the prevailing price of
crude oil and wholesale price of refined gasoline, diesel, home
heating oil, based on invoices, for each week of the period in
which a national price emergency is in effect.
SEC. 5. UNREASONABLE PRICING PROHIBITED.
(a) Unlawful Retail Pricing.--During a national energy price
emergency declared under section 3, or in a region declared to be in a
regional energy price emergency under such section, it shall be
unlawful for any person to sell at retail gasoline, diesel fuel, or
home heating oil at an unreasonable price.
(b) Unlawful Supply or Wholesale Pricing.--During a national energy
price emergency declared under section 3, or in a region declared to be
in a regional energy price emergency under such section, it shall be
unlawful for any integrated oil company or refinery to sell crude oil
or refined gasoline, diesel fuel, or home heating oil at an
unreasonable price.
(c) Unreasonable Price.--Not later than 60 days after the date of
the enactment of this Act, the Federal Trade Commission shall, by rule,
determine what shall constitutes an unreasonable price for purposes of
subsections (a) and (b).
(d) Enforcement Against Retailers.--A violation of subsection (a)
shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Commission
shall enforce such subsection (and the rule promulgated pursuant to
subsection (c)) in the same manner, by the same means, and with the
same jurisdiction as though all applicable terms and provisions of the
Federal Trade Commission Act were incorporated into and made a part of
this section.
(e) Criminal Enforcement Against Oil Companies and Refineries.--Any
person who violates subsection (b) shall be fined under title 18 an
amount not more $2,000,000, or imprisoned for a period of not more 2
years, or both.
SEC. 6. REPORT ON COMMODITIES MARKET.
Not later than 1 year after enactment of this Act, the Federal
Trade Commission shall conduct a study on the effects of increased and
possible excess trading of oil and gasoline futures contracts on the
rising cost of oil and gasoline commodities, and shall transmit a
report of its findings to the House of Representatives and the Senate. | Fuel Price Fairness Act - Authorizes the Federal Trade Commission (FTC) to declare a national or regional energy price emergency if it finds that the health, safety, welfare, or economic well-being of U.S. citizens, or a region of the United States, is at risk because of a shortage or imminent shortage of adequate supplies of crude oil, gasoline, diesel fuel, or home heating oil due to a disruption of distribution systems for crude oil, gasoline, natural gas, or petroleum distillates, or significant pricing anomalies in national or regional energy markets for those products are more than temporary.
Requires an integrated oil company or refinery to disclose to the FTC during such emergency: (1) the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week during the period of 60 days immediately preceding the declaration of an energy emergency; and (2) the prevailing price of crude oil and wholesale price of refined gasoline, diesel, home heating oil, based on invoices, for each week of the period in which a national price emergency is in effect.
Declares unlawful during such a national energy price emergency: (1) for any person to sell at retail gasoline, diesel fuel, or home heating oil at an unreasonable price; and (2) for any integrated oil company or refinery to sell those products at an unreasonable price.
Subjects such integrated oil company or refinery to criminal penalties for violations of this Act.
Grants the FTC enforcement powers under this Act. | {"src": "billsum_train", "title": "To ensure fairness in gasoline, diesel fuel, and home heating oil prices."} | 1,146 | 325 | 0.688557 | 2.03291 | 0.893451 | 7.86 | 3.436667 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Products Safe Testing
Act''.
SEC. 2. FINDINGS AND POLICY.
(a) Findings.--The Congress finds that--
(1) the Federal Government has discouraged the use of non-
animal acute toxicity tests through regulations that mandate or
encourage the use of animal acute toxicity tests, or by not
prescribing other, less costly, more accurate and humane
alternatives;
(2) nonanimal acute toxicity tests have been developed in
recent years that have shown a level of reliability sufficient
for the reduction or replacement of animal acute toxicity tests
such as the Draize test for many products regulated by the
Federal Government;
(3) many manufacturers have found nonanimal acute toxicity
tests to be adequate for evaluating the safety of products for
the purposes of complying with Federal regulations or
guidelines;
(4) many manufacturers are reluctant to use nonanimal tests
without encouragement from the Federal Government;
(5) private industry and the consumer will benefit from the
promotion of alternative methods of testing when these
alternatives are as accurate in predicting human safety and
more humane than animal tests; and
(6) over the long term, nonanimal acute toxicity testing
will produce better data, decrease costs, and reduce the time
industry and the regulatory agency spend in the approval
process.
(b) Policy.--Federal departments and agencies shall encourage the
development and use of product testing procedures that accurately
reflect the acute health effects on humans of certain products,
including consumer products and products containing hazardous or toxic
substances, but which do not rely upon animals.
SEC. 3. FEDERAL ACTION.
(a) Review of Regulations, Guidelines, or Recommendations
Concerning the Draize Test and Other Animal Acute Toxicity Tests.--Not
later than one year after the date of enactment of this Act, each
Federal department or agency head shall--
(1) review and evaluate any regulation, guideline, or
recommendation issued by that department or agency which
requires, recommends, or encourages the use of the Draize or
other animal acute toxicity test for the purpose of evaluation
of the safety of a regulated product;
(2) review and evaluate nonanimal alternatives with the
potential for partial or full replacement of the Draize or
other animal acute toxicity test for some or all of the
products regulated; and
(3) promulgate regulations, guidelines, or recommendations
that specify a nonanimal acute toxicity test or battery of
tests should be used instead of an animal acute toxicity test
unless that Federal department or agency head determines that
the nonanimal acute toxicity test or battery of such tests is
less likely to predict the acute health effects on humans of a
product than the animal acute toxicity test.
(b) Corporate Testing Policies.--Nothing in this Act shall be
interpreted to prohibit, recommend, or require any testing protocol or
procedure by a corporation, institution, or individual to determine the
safety of its products that is not required or recommended under this
Act.
(c) Animal Acute Toxicity Tests.--Any Federal department or agency
head that finds that regulations requiring or recommending animal tests
should not be amended, shall publish in the Federal Register an
explanation of options considered and the justification for continuing
the animal acute toxicity test.
(d) Periodic Review of Animal Acute Toxicity Testing Regulations.--
At least every 2 years (beginning 3 years after the date of enactment
of this Act), each Federal department or agency head, after considering
the most recent technological advances available, shall determine
whether continued use of any animal acute toxicity test is justified.
If a Federal department or agency head determines that such use is
justified, then that Federal department or agency head shall publish an
explanation of such continued use in the Federal Register.
SEC. 4. APPLICATION.
This Act shall not apply to regulations, guidelines, or
recommendations related to medical research.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) Animal.--The term ``animal'' means any vertebrate.
(2) Animal acute toxicity test.--The term ``animal acute
toxicity test'' means an acute toxicity test on animals,
including (but not limited to) the Draize eye or skin irritancy
test, LD-50 test, approximate lethal dose test, and the limit
test.
(3) Federal department or agency head.--The term ``Federal
department or agency head'' means the head of a Federal
department or agency who--
(A) has authority to promulgate regulations,
guidelines, and recommendations with respect to
procedures to be used in the safety testing by
manufacturers of products, including consumer products,
veterinary products, and products containing hazardous
or toxic substances; or
(B) licenses or approves products, labeling
requirements or the transportation of products based on
the results of these tests.
(4) Medical research.--The term ``medical research'' means
research, including research performed using biotechnology,
related to the causes, diagnosis, treatment, or control of
physical or mental impairments of humans or animals. The term
does not include the testing of a product to determine its
toxicity for the purpose of complying with protocols,
recommendations, or guidelines for testing required,
recommended, or accepted by a Federal regulatory agency for a
product introduced in commerce.
(5) Nonanimal acute toxicity test.--The term ``nonanimal
acute toxicity test'' means an acute toxicity test not
conducted on animals. Such tests include (but are not limited
to) cell culture, computer modeling, protein alteration, and
chorioallantoic membrane techniques. | Consumer Products Safe Testing Act - Sets forth Federal policy requiring Federal departments and agencies to encourage the development and use of product testing procedures that do not rely upon animals yet accurately reflect the acute health effects on humans of certain products, including consumer products and products containing hazardous or toxic substances.
Requires each Federal department or agency head to: (1) evaluate any regulation, guideline, or recommendation issued by that agency which requires, recommends, or encourages the use of the Draize or other animal acute toxicity test to evaluate the safety of a regulated product; (2) evaluate nonanimal alternatives with the potential for partial or full replacement of such test; and (3) promulgate regulations, guidelines, or recommendations that specify a nonanimal acute toxicity test or battery of tests that should be used instead of an animal test unless the nonanimal test is less likely to predict the acute health effects of a product on humans.
Provides that any Federal agency head who finds that regulations requiring or recommending animal tests should not be amended, to publish in the Federal Register an explanation of options considered and the justification for continuing the animal test.
Requires each Federal agency head, at least every two years, after considering the most recent technological advances available, to determine whether continued use of any animal test is justified.
Makes this Act inapplicable to regulations, guidelines, or recommendations related to medical research. | {"src": "billsum_train", "title": "Consumer Products Safe Testing Act"} | 1,226 | 297 | 0.805488 | 2.779468 | 0.843376 | 5.768657 | 4.216418 | 0.962687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Conservation Corps Act of
2008''.
SEC. 2. ENERGY CONSERVATION CORPS.
(a) Findings.--The Congress finds the following:
(1) The Civilian Conservation Corps (CCC) established in
1933 was one of the singularly successful Federal programs in
American history.
(2) The CCC provided work and vocational training for
3,500,000 unemployed young Americans through projects designed
to develop and conserve the country's natural resources and
build and maintain its infrastructure.
(3) Projects included environmental clean up, wild fire
prevention, erosion control, vegetation mapping, invasive
species removal, reforestation, recreational facility
construction, trail building, swamp drainage, flood relief, and
disaster response.
(4) This extensive development and improvement of public
lands by the CCC was in large part responsible for the modern
national and State park systems.
(5) Today, an estimated 3,800,000 18-24 year olds, roughly
15 percent of all young adults, are neither employed nor in
school. Since 2000 alone, the ranks of these nonengaged young
adults have grown by 700,000, a 19 percent increase.
(6) High school dropouts are at high risk of incarceration.
Approximately 16 percent of all young men, ages 18-24, without
a high school degree or GED are either incarcerated or on
parole at any point in time. According to a 2002 Report from
the Bureau of Justice Statistics, 2,000,000 people are
incarcerated at an average annual cost of $20,000 per inmate--
for a total cost of $40,000,000,000 per year.
(7) In testimony before the House Education and the
Workforce Committee in 2005, Secretary of Education Margaret
Spellings said that dropouts ``cost our Nation more than $260
billion'' in ``lost wages, lost taxes, and lost productivity
over their lifetimes''.
(8) Energy inefficiencies account for at least 50 percent
of all United States energy use.
(9) According to the World Watch Institute, United States
electricity use could be reduced by 70 percent through
efficiency gains alone.
(10) Estimates indicate that while the average United
States household's energy costs are equal to 7 percent of
household income, low-income households spend 17 percent of
their household earnings on energy.
(11) In a manner similar to the CCC of the 1930s,
disconnected young people can be mobilized to retrofit,
weatherize, and otherwise improve the energy efficiency of
residential and public facilities that account for more than 40
percent of carbon emissions.
(12) The rehabilitation, renovation, and retrofitting of
these facilities by disconnected youth engaged in public
service benefit the disconnected youth, the facility resident
and owners, the communities in which they are located, as well
as the environment as shared by all.
(13) Service and conservation corps, by providing
educational and training opportunities to disconnected youth
through national and community service projects, have an
established record of administering such projects.
(b) Purpose.--It is the purpose of this section--
(1) to create an Energy Conservation Corps that will
provide educational and economic opportunities to disadvantaged
and disconnected youth by engaging them in team-based service
projects designed to promote and improve the energy
conservation and efficiency of residential and public buildings
and spaces; and
(2) through the Energy Conservation Corps, to stimulate
interest among young people in stewardship of the environment
and natural resources and lifelong service to their communities
and the United States.
(c) Establishment of the Energy Conservation Corps.--
(1) In general.--The Energy Conservation Corps is hereby
established in the Department of Energy.
(2) Age and background.--The Energy Conservation Corps
shall consist of individuals between the ages of 16 and 25,
inclusive, at least 50 percent of whom come from disadvantaged
or disconnected backgrounds.
(3) Civil service.--Individuals may be enrolled in the
Energy Conservation Corps without regard to the civil service
and classification laws, rules, or regulations of the United
States.
(4) Duration.--Individuals may be enrolled in the Energy
Conservation Corps for up to 24 months.
(5) Opportunities.--Energy Conservation Corps will provide
such individuals with opportunities to further their education,
through programs designed to help them obtain a high school
diploma, GED, job training, professional certificate, or access
to post-secondary education.
(6) Projects.--Energy Conservation Corps will engage such
individuals in service projects, primarily team-based, designed
to increase energy efficiency and improve natural resources
use.
(d) Eligible Applicants.--
(1) Supporting organizations.--The Secretary shall accept
applications from qualified service and conservation corps, and
nonprofit organizations, units of State, county, and local
government, and institutions of higher education for the
purpose of establishing, operating, and supporting Corps.
(2) Qualifications.--Applicants shall demonstrate an
ability to--
(A) provide Corpsmembers with access to programs to
obtain a high school diploma or GED; and
(B) create pathways for Corpsmembers to
postsecondary education or a credential or further job
training and ultimately, employment.
(3) Cost per member.--Upon receipt of such information as
the Secretary may reasonably require, the Secretary may set a
cost per member that takes into account the educational,
social, and family services disconnected young people who are
out of school, out of work, exiting foster care, or have had
contact with the justice system may require.
(4) Flexibility.--The Secretary shall provide flexibility
in recruitment and retention outcomes to grantees, depending on
Corpsmember demographics, in light of the fact that
disconnected young people are often more difficult to recruit
and retain.
(5) Alternative success measurement.--The Secretary shall
allow for alternative measurements of success such as the use
of growth models.
(6) Training and technical assistance.--The Secretary shall
ensure that the Energy Conservation Corps has adequate access
to relevant training and technical assistance services to be
provided by at least one national nonprofit organization with a
demonstrated record of experience in promoting and
disseminating effective practices among service and
conservation corps.
(e) Eligible Corpsmembers.--
(1) Age.--Youth enrolled in the Energy Conservation Corps
shall be between the ages of 16 and 25.
(2) Assurances.--Such youth shall be able to provide
assurances that they did not withdraw from school for the
purpose of participating in the program.
(3) Preference.--Preference in recruitment shall be given
to disadvantaged or disconnected young people.
(f) Eligible Projects.--The Secretary shall accept applications for
service projects related to energy and resource conservation and rural
development including, but not limited to--
(1) building, retrofitting, and weatherizing residential
and public facilities to meet appropriate standards;
(2) conducting energy assessments and providing and
implementing solutions for low-income homeowners and
communities;
(3) providing education, training, and support regarding
energy efficiency, resource conservation, and reuse to low-
income homeowners and communities;
(4) installing or constructing renewable energy
improvements (such as wind, wave, solar, biomass, and
geothermal energy sources); and
(5) building and maintaining alternative transportation
routes.
(g) Preference for Certain Projects.--In selecting appropriate
service projects to be carried out under this section, the Secretary
shall give a preference to those projects that--
(1) provide development, training, and practical work
experience for young individuals in important career fields
relating to energy efficiency, and act as preparation for
additional education or permanent employment for young adults
and which will provide long-term benefits to the public;
(2) instill in the participant a work ethic and a sense of
public service;
(3) will be labor intensive;
(4) can be planned and initiated promptly; and
(5) will provide academic, experiential, or community
education opportunities.
(h) Consistency.--Each appropriate service project carried out
under this section shall be consistent with the provisions of law and
policies relating to the management and administration of such
projects, facilities, or resources, with all other applicable
provisions of law, and with all management, operational, and other
plans and documents which govern the administration of such projects,
facilities, or resources.
(i) Nondisplacement.--The nondisplacement requirements of the
National and Community Service Act of 1990 shall be applicable to all
activities carried out under this section by a qualified corps.
(j) Donations.--The Secretary is authorized to accept donations of
funds, services, facilities, materials, or equipment for the purposes
of operating the Energy Conservation Corps and carrying out appropriate
service projects by the Corps.
(k) Definitions.--For purposes of this section:
(1) Disadvantaged youth.--The term ``disadvantaged youth''
means individuals between the ages of 16 and 25, inclusive,
who, because of certain characteristics, circumstances,
experiences, or insufficiencies, encounter financial, legal,
social, educational, emotional or health problems and may have
significant difficulties growing into adults who are
responsible citizens, productive workers, involved members of
communities.
(2) Disconnected youth.--The term ``disconnected youth''
means individuals between the ages of 16 and 25, inclusive, who
are out of school, out of work, exiting foster care, or
formerly court-involved or incarcerated.
(3) Qualified service and conservation corps.--The term
``qualified service and conservation corps'' means any program
established by a State or local government or by a nonprofit
organization that--
(A) is capable of offering meaningful, full-time,
productive work for individuals between the ages of 16
and 25, inclusive, in an infrastructure, housing, or
transportation setting;
(B) gives participants a mix of work experience,
basic and life skills, education, training, and support
services; and
(C) provides participants with the opportunity to
develop citizenship values and skills through service
to their communities and the United States.
(4) Secretary.--The term ``Secretary'' means to the
Secretary of Energy.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $100,000,000 for each of fiscal years
2009 through 2013 for carrying out this section. | Energy Conservation Corps Act of 2008 - Establishes the Energy Conservation Corps in the Department of Energy (DOE) to hire for up to 24 months disadvantaged or disconnected individuals between the ages of 16 and 25 (Corps members) to work in service projects, primarily team-based, designed to increase energy efficiency and improve natural resources use.
Directs the Secretary of Energy to accept applications from nonprofit, governmental, or educational organizations to establish, operate and support the Corps and to undertake projects related to energy and resource conservation and rural development. Requires such organizations to provide Corps members with access to education and job training opportunities. | {"src": "billsum_train", "title": "To create a 21st Century Civilian Energy Conservation Corps focused on promoting and improving the energy conservation and efficiency of residential and public buildings and spaces, creating economic opportunity for disconnected youth, and for other purposes."} | 2,173 | 133 | 0.367739 | 1.156109 | 0.610275 | 4.168067 | 17.521008 | 0.92437 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Universal Student Nutrition Act of
1993''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the national school lunch and breakfast programs are
vital to protecting the health and well-being of the Nation's
children;
(2) these essential child nutrition programs help prepare
children to learn and to combat childhood hunger;
(3) the national school lunch program serves approximately
25,000,000 per day, and the school breakfast program serves
approximately 4,000,000 children per day;
(4) there are approximately 4,000,000 eligible low-income
students who are not participating in the free and reduced
price school meal programs;
(5) in the last decade--
(A) Federal subsidies for school meal programs have
been reduced;
(B) bonus commodities from the Department of
Agriculture for such programs have almost vanished;
(C) the administrative complexity and cost of
administering such programs have increased; and
(D) indirect cost assessments are draining the
financial resources of such programs; and
(6) many schools, mostly high schools, are dropping out of
the school lunch program as a result of the trends described in
paragraph (5).
SEC. 3. ESTABLISHMENT OF OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST
PROGRAM.
(a) In General.--The National School Lunch Act (42 U.S.C. 1751 et
seq.) is amended by inserting after section 11 the following new
section:
``SEC. 11A. OPTIONAL UNIVERSAL SCHOOL LUNCH AND BREAKFAST PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary shall establish an
optional universal school lunch and breakfast program (in this
section referred to as the ``universal program'').
``(2) Description.--The universal program shall consist of
school lunch and breakfast service offered without cost at
school to all students in attendance at the participating
schools who wish to participate in a manner consistent with the
requirements otherwise applicable to the school lunch program
under this Act and to the school breakfast program under
section 4 of the Child Nutrition Act of 1966.
``(3) Eligibility.--Any school participating in the school
lunch program under this Act or the school breakfast program
under the Child Nutrition Act of 1966 may elect to participate
in the universal program.
``(b) Universal Payment Rate.--
``(1) In general.--Subject to paragraph (3), in lieu of
receiving the national average payment per lunch determined
under section 4 and section 11, and the national average
payment per breakfast determined under section 4 of the Child
Nutrition Act of 1966, each school participating in the
universal program shall receive the universal payment rates
determined under paragraph (2) for each lunch and breakfast
served under the program.
``(2) Establishment.--Subject to paragraph (3), the
Secretary shall establish the universal payment rates for
purposes of this section. Such rates shall be equal to the
national average cost of producing a school lunch, and the
national average cost of producing a school breakfast,
respectively, as determined by the Secretary. In making the
determination required by the preceding sentence, the Secretary
shall establish a maximum amount that can be charged to a
participating school food service authority for indirect
expenses.
``(3) Commodities.--Schools participating in the universal
program shall receive the same level of commodities that they
would receive under the school lunch program under this Act and
under the school breakfast program under section 4 of the Child
Nutrition Act of 1966.
``(c) Competitive Foods Policy.--Schools participating in the
universal program may sell competitive foods under regulations issued
by the Secretary.''.
(b) Effective Date.--The Secretary of Agriculture shall issue
regulations to carry out section 11A of the National School Lunch Act
(as added by subsection (a) of this section) that provide for the
implementation of such section not later than July 1, 2000.
SEC. 4. DIETARY GUIDELINES.
(a) School Lunch Program.--Section 9(a)(1) of the National School
Lunch Act (42 U.S.C. 1758(a)(1)) is amended by striking ``on the basis
of tested nutritional research'' and inserting ``in accordance with the
Dietary Guidelines for Americans developed by the Department of
Agriculture''.
(b) School Breakfast Program.--Section 4(e)(1) of the Child
Nutrition Act of 1966 (42 U.S.C. 1773(e)(1)) is amended by striking
``on the basis of tested nutritional research'' and inserting ``in
accordance with the Dietary Guidelines for Americans developed by the
Department of Agriculture''.
SEC. 5. NUTRITION EDUCATION.
Section 19(i)(1) of the Child Nutrition Act of 1966 (42 U.S.C.
1788(i)(1)) is amended by inserting ``and each fiscal year beginning on
or after October 1, 1995,'' after ``October 1, 1978,''. | Universal Student Nutrition Act of 1993 - Amends the National School Lunch Act to establish an optional universal school lunch and breakfast program.
Requires that the Secretary of Agriculture's minimum nutritional requirements for the current school lunch and school breakfast programs be prescribed in accordance with the Dietary Guidelines for Americans developed by the Department of Agriculture.
Amends the Child Nutrition Act of 1966 to require that grants to States for nutrition education and information be based on a rate of 50 cents for each child enrolled in schools or institutions in the State. | {"src": "billsum_train", "title": "Universal Student Nutrition Act of 1993"} | 1,079 | 115 | 0.528635 | 1.062042 | 0.605147 | 3.15 | 9.96 | 0.83 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Television Freedom Act of
2009''.
SEC. 2. CARRIAGE OF STATIONS IN AN ADJACENT UNDERSERVED COUNTY UNDER
THE COMMUNICATIONS ACT OF 1934.
(a) Retransmission Consent.--Section 325(b) of the Communications
Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)--
(A) by striking ``or'' at the end of subparagraph
(D);
(B) by striking the period at the end of
subparagraph (E) and inserting ``; or'';
(C) by inserting after subparagraph (E) the
following new subparagraph:
``(F) to retransmission of the signals of a
television broadcast station by a multichannel video
programming distributor to a subscriber located in the
station's adjacent underserved county, unless the
station certifies to the multichannel video programming
distributor that it is under no legal obligation
restricting its ability to grant retransmission consent
to such multichannel video programming distributor.'';
and
(D) in the last sentence, by striking ``the term
`local market' has the meaning given that term'' and
inserting ``the terms `local market' and `adjacent
underserved county' have the meanings given such
terms''; and
(2) by inserting after paragraph (7) the following new
paragraph:
``(8) A television broadcast station that elects
retransmission consent may not request as a condition to
receiving retransmission consent that a multichannel video
programming distributor not exercise its right to carry any
other broadcast station in the station's adjacent underserved
county.''.
(b) Certification Rulemaking Required.--Within 120 days after the
date of enactment of this Act, the Federal Communications Commission
(in this Act referred to as the ``Commission'') shall complete all
actions necessary to promulgate rules governing the certification
provided by the television broadcast station under section 325(b)(2)(F)
of the Communications Act of 1934 (as added by subsection (a)(1)(C) of
this Act).
(c) Carriage of Distant Signals.--Section 339(a)(1)(B) of such Act
(47 U.S.C. 339(a)(1)(B)) is amended by inserting ``or adjacent
underserved county'' after ``local market''.
(d) Rulemaking Required.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Commission shall commence a proceeding to
revise the regulations concerning network nonduplication
protection, syndicated exclusivity protection, and sports
blackout protection (part 76 of title 47, Code of Federal
Regulations) against the retransmission by a multichannel video
programming distributor of signals of television broadcast
stations to permit such retransmission if the subscriber
receiving the signals is located in the station's adjacent
underserved county, as such term is defined in section
122(j)(6) of title 17, United States Code (as added by section
3(a)(5) of this Act).
(2) Contents of regulations.--Regulations issued pursuant
to paragraph (1) shall prohibit a multichannel video
programming distributor from retransmitting the signal of a
television broadcast station in the station's adjacent
underserved county unless the multichannel video programming
distributor offers service in such county pursuant to sections
338, 614, or 615 of the Communications Act of 1934 and carries
the signals of any station required to be carried in such
county under such sections.
(3) Deadline for action.--The Commission shall complete all
actions necessary to prescribe the revised regulations required
by paragraph (1) within 180 days after the date of enactment of
this Act.
SEC. 3. CARRIAGE OF STATIONS IN AN ADJACENT UNDERSERVED COUNTY UNDER
THE COPYRIGHT ACT.
(a) Satellite Carriers.--Section 122 of title 17, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``or adjacent underserved county'' after
``station's local market'';
(2) in subsections (d) and (e), by inserting ``or adjacent
underserved county'' after ``into the local market'';
(3) in subsection (f), by inserting ``or adjacent
underserved county'' after ``station's local market'' in
paragraphs (1) and (2);
(4) in subsection (g), by inserting ``or adjacent
underserved county'' after ``station's local market''; and
(5) in subsection (j), by adding at the end the following:
``(6) Adjacent underserved county.--The term `adjacent
underserved county', in the case of both commercial and
noncommercial television broadcast stations, means a county
within the station's adjacent market that is both--
``(A) located in the same State as the station's
community of license; and
``(B) not within the local market of any other
station that is both affiliated with the same network
and located in the same State as such other station's
community of license.
``(7) Adjacent market.--
``(A) In general.--The term `adjacent market', in
the case of both commercial and noncommercial
television broadcast stations, means any local market
adjacent to, and partially but not entirely in the same
State as, the local market in which the station's
community of license is located.
``(B) Treatment of certain counties.--A county that
is in a local market containing no in-State network
stations, but which is not located in the adjacent
market (as defined under subparagraph (A)) of any in-
State network station, shall be considered to be the
adjacent market of the nearest local market located in
whole or in part within the State in which the county
is located.''.
(b) Cable Systems.--Section 111(a) of title 17, United States Code,
is amended--
(1) in paragraph (4), by striking ``or'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(6) the secondary transmission is to a subscriber in a
broadcast station's adjacent underserved county, in accordance
with the same terms, conditions, and definitions as apply under
section 122.''. | Local Television Freedom Act of 2009 - Amends the Communications Act of 1934 to allow retransmission of a television broadcast station's signals by a multichannel video programming distributor to a subscriber located in the station's adjacent underserved county, unless the station certifies to the distributor that it is under no legal obligation restricting its ability to grant retransmission consent to the distributor.
Prohibits a television broadcast station that elects retransmission consent from requesting as a condition to receiving retransmission consent that a multichannel video programming distributor not exercise its right to carry any other broadcast station in the station's adjacent underserved county.
Allows a satellite carrier to provide service under a statutory license to the adjacent underserved county within which a household is located.
Requires the Federal Communications Commission (FCC) to revise regulations concerning network nonduplication, syndicated exclusivity, and sports blackout protection against the retransmission by a multichannel video programming distributor to permit such retransmission if the receiving subscriber is in the station's adjacent underserved county.
Imposes statutory copyright licensing in certain situations on the secondary transmission of a television broadcast station into an adjacent underserved county, except when dealing with a performance or display of a work made by that station. Defines "adjacent underserved county" as a county within the station's adjacent market that is both: (1) located in the same state as the station's community of license; and (2) not within the local market of any other station that is both affiliated with the same network and located in the same state as such other station's community of license.
Declares that the secondary transmission of a performance or display of a work embodied in a primary transmission is not an infringement of copyright if the secondary transmission is to a subscriber in a broadcast station's adjacent underserved county. | {"src": "billsum_train", "title": "To amend the Communications Act of 1934 to permit the retransmission of signals of local television broadcast stations in an adjacent underserved county, and for other purposes."} | 1,521 | 440 | 0.690703 | 1.871243 | 0.887977 | 4.547904 | 3.904192 | 0.901198 |
TITLE I--SHORT TITLE
This Act may be cited as the ``Juvenile Misuse of Firearms
Prevention Act''.
TITLE II--RESTRICTING JUVENILE ACCESS TO CERTAIN FIREARMS
SECTION 1. PENALTIES FOR UNLAWFUL ACTS BY JUVENILES.
(a) Juvenile Weapons Penalties.--Section 924(a) of title 18, United
States Code, is amended--
(1) in paragraph (4) by striking ``Whoever'' at the
beginning of the first sentence, and inserting in lieu thereof,
``Except as provided in paragraph (6) of this subsection,
whoever''; and
(2) in paragraph (6), by amending it to read as follows:--
``(6)(A) A juvenile who violates section 922(x) shall be
fined under this title, imprisoned not more than 1 year, or
both, except--
``(i) a juvenile shall be sentenced to probation on
appropriate conditions and shall not be incarcerated
unless the juvenile fails to comply with a condition of
probation, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun, ammunition,
or a semiautomatic assault weapon in violation
of section 922(x)(2); and
``(II) the juvenile has not been convicted
in any court of an offense (including an
offense under section 922(x) or a similar State
law, but not including any other offense
consisting of conduct that if engaged in by an
adult would not constitute an offense) or
adjudicated as a juvenile delinquent for
conduct that if engaged in by an adult would
constitute an offense; or
``(ii) a juvenile shall be fined under this title,
imprisoned not more than 20 years, or both, if--
``(I) the offense of which the juvenile is
charged is possession of a handgun, ammunition,
or a semiautomatic assault weapon in violation
of section 922(x)(2); and
``(II) during the same course of conduct in
violating 922(x)(2), the juvenile violated
section 922(q), with the intent to carry or
otherwise possess or discharge or otherwise use
the handgun, ammunition, or semiautomatic
assault weapon in the commission of a violent
felony.
(B) A person other than a juvenile who knowingly violates
section 922(x)--
``(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
``(ii) if the person sold, delivered, or otherwise
transferred a handgun, ammunition or semiautomatic
assault weapon to a juvenile knowing or having
reasonable cause to know that the juvenile intended to
carry or otherwise possess or discharge or otherwise
use the handgun, ammunition, or semiautomatic assault
weapon in the commission of a violent felony, shall be
fined under this title, imprisoned not more than 20
years, or both.
``(C) For purposes of this paragraph a `violent felony'
means conduct as described in section 924(e)(2)(B) of this
title.
``(D) Except as otherwise provided in this chapter, in any
case in which a juvenile is prosecuted in a district court of
the United States, and the juvenile is subject to the penalties
under clause (ii) of paragraph (A), the juvenile shall be
subject to the same laws, rules, and proceedings regarding
sentencing (including the availability of probation,
restitution, fines, forfeiture, imprisonment, and supervised
release) that would be applicable in the case of an adult. No
juvenile sentenced to a term of imprisonment shall be released
from custody simply because the juvenile reaches the age of 18
years.''.
(b) Unlawful Weapons Transfers to Juveniles.--Section 922(x) of
title 18, United States Code, is amended to read as follows:
``(x)(1) It shall be unlawful for a person to sell, deliver, or
otherwise transfer to a person who the transferror knows or has
reasonable cause to believe is a juvenile--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(2) It shall be unlawful for any person who is a juvenile to
knowingly possess--
``(A) a handgun;
``(B) ammunition that is suitable for use only in a
handgun;
``(C) a semiautomatic assault weapon; or
``(3) This subsection does not apply to--
``(A) a temporary transfer of a handgun, ammunition, or a
semiautomatic assault weapon to a juvenile or to the possession
or use of a handgun, ammunition, or a semiautomatic assault
weapon by a juvenile--
``(i) if the handgun, ammunition, or semiautomatic
assault weapon are possessed and used by the juvenile--
``(I) in the course of employment,
``(II) in the course of ranching or farming
related to activities at the residence of the
juvenile (or on property used for ranching or
farming at which the juvenile, with the
permission of the property owner or lessee, is
performing activities related to the operation
of the farm or ranch),
``(III) for target practice,
``(IV) for hunting, or
``(V) for a course of instruction in the
safe and lawful use of a firearm.
``(ii) Clause (i) shall apply only if the
juvenile's possession and use of a handgun, ammunition,
or a semiautomatic assault weapon under this
subparagraph are in accordance with State and local
law, and the following conditions are met--
``(I) except when a parent or guardian of
the juvenile is in the immediate and
supervisory presence of the juvenile, the
juvenile shall have in the juvenile's
possession at all times when a handgun,
ammunition, or a semiautomatic assault weapons
is in the possession of the juvenile, the prior
written consent of the juvenile's parent or
guardian who is not prohibited by Federal,
State, or local law from possessing a firearm
or ammunition; and
``(II) during transportation by the
juvenile directly from the place of transfer to
a place at which an activity described in
clause (i) is to take place the firearm shall
be unloaded and in a locked container or case,
and during the transportation by the juvenile
of that firearm, directly from the place at
which such an activity took place to the
transferor, the firearm shall also be unloaded
and in a locked container or case; or
``(III) with respect to ranching or farming
activities as described in clause (i), a
juvenile may possess and use a handgun,
ammunition, or a semiautomatic assault weapon
with the prior written approval of the
juvenile's parent or legal guardian, if such
approval is on file with the adult who is not
prohibited by Federal, State or local law from
possessing a firearm and that person is
directing the ranching or farming activities of
the juvenile.
``(B) a juvenile who is a member of the Armed Forces of the
United States or the National Guard who possesses or is armed
with a handgun or a semiautomatic assault weapon in the line of
duty;
``(C) a transfer by inheritance of title (but not
possession) of a handgun, ammunition, or a semiautomatic
assault weapon to a juvenile; or
``(D) the possession of a handgun, ammunition, or a
semiautomatic assault weapon taken in defense of the juvenile
or other persons in the residence of the juvenile or a
residence in which the juvenile is an invited guest.
``(4) A handgun, ammunition, or a semiautomatic assault weapon, the
possession of which is transferred to a juvenile in circumstances in
which the transferor is not in violation of this subsection shall not
be subject to permanent confiscation by the Government if its
possession by the juvenile subsequently becomes unlawful because of the
conduct of the juvenile, but shall be returned to the lawful owner when
such handgun, ammunition, or a semiautomatic assault weapon no longer
required by the Government for the purposes of investigation or
prosecution.
``(5) For purposes of this subsection, the term `juvenile' means a
person who is less than 18 years of age.
``(6)(A) in a prosecution of a violation of this subsection, the
court shall require the presence of a juvenile defendant's parent or
legal guardian at all proceedings.
``(B) The court may use the contempt power to enforce subparagraph
(A).
``(C) The court may excuse attendance of a parent or legal guardian
of a juvenile defendant at a proceeding in a prosecution of a violation
of this subsection for good cause shown.''.
SEC. 2. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.
TITLE III--ENHANCED PENALTIES FOR FEDERAL CRIMES INVOLVING FIREARMS
(a) Penalties.--
(1) Section 924(c)(1)(A) of title 18, United States Code,
is amended--
(A) in subsection (ii) by striking ``7 years'' and
inserting ``10 years'';
(B) in subsection (iii) by striking ``10 years''
and inserting ``12 years'';
(C) by inserting after subsection (iii) the
following:
``(iv) if the firearm is used to wound,
injure or maim another person be sentenced to a
term of imprisonment of not less than 15
years.''.
(2) Section 924(h) of title 18, United States Code, is
amended--
(A) by striking ``imprisoned'' and inserting
``sentenced to a term of imprisonment of not less than
5 years, but'' after ``shall be''.
TITLE IV--PROVIDING INCENTIVES TO STATES THAT PROSECUTE JUVENILES AS
ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS
(a) Requirements.--No State shall be eligible to receive funding
from the Office of Juvenile Justice Delinquency Prevention funds unless
it demonstrates that the State has in effect or has implemented (or
will have in effect or will have implemented not later than 1 year
after the date on which the State submits the application) laws,
policies, or programs that provide for: ``PROSECUTION OF JUVENILES AS
ADULTS FOR CERTAIN OFFENSES INVOLVING FIREARMS.'' The State shall
prosecute juveniles who are not less than 14 years of age as adults in
criminal court, rather than in juvenile delinquency proceedings, if the
juvenile used, carried or possessed a firearm during the commission of
conduct constituting--
(1) murder;
(2) robbery while armed with a dangerous or deadly weapon;
(3) battery or assault while armed with a dangerous or
deadly weapon;
(4) forcible rape; or
(5) any serious drug offense that, if committed by an adult
subject to Federal jurisdiction, would be punishable under
section 401(b)(1)(A) of the Controlled Substances Import and
Export Act (21 U.S.C. 960(b)(1)(A)). | TABLE OF CONTENTS:
Title I: Short Title
Title II: Restricting Juvenile Access to Certain Firearms
Title III: Enhanced Penalties for Federal Crimes Involving
Firearms
Title IV: Providing Incentives to States that Prosecute
Juveniles as Adults for Certain Offenses Involving
Firearms
Title I: Short Title
- Juvenile Misuse of Firearms Prevention Act.
Title II: Restricting Juvenile Access to Certain Firearms
- Revises the Brady Handgun Violence Prevention Act (the Act) to expand the scope of provisions regarding juvenile use and possession of handguns and ammunition that is suitable for use only in a handgun to include semiautomatic assault weapons. Provides enhanced penalties for juveniles who violate the prohibition against the sale, delivery, or other transfer to a person, who the transferor knows or has reasonable cause to believe is a juvenile, of a handgun, ammunition that is suitable for use only in a handgun, or a semiautomatic assault weapon, and for adults who knowingly violate such prohibition, particularly in relation to use of the handgun by the juvenile in the commission of a violent felony.
Subjects the juvenile to the same laws, rules, and proceedings regarding sentencing that would be applicable in the case of an adult, with exceptions. Prohibits a juvenile sentenced to a term of imprisonment from being released from custody simply because the juvenile reaches age 18.
Makes an exemption regarding the temporary transfer of a handgun, ammunition, or semiautomatic assault weapon to, or possession or use by, a juvenile applicable only if such possession and use are in accordance with State and local law and if specified conditions are met.
Specifies that a handgun, ammunition, or semiautomatic assault weapon, the possession of which is transferred to a juvenile in circumstances in which the transferor is not in violation of this title, shall not be subject to permanent confiscation by the Government if its possession by the juvenile subsequently becomes unlawful because of the juvenile's conduct.
Directs the court, with respect to a violation of this title, to require the presence of a juvenile defendant's parent or legal guardian at all proceedings. Authorizes the court to: (1) use the contempt power to enforce this provision; and (2) excuse attendance of a parent or legal guardian of a juvenile defendant at a proceeding in a prosecution of a violation of this title for good cause shown.
Title III: Enhanced Penalties for Federal Crimes Involving Firearms
- Amends the Act to: (1) increase penalties for brandishing or discharging a firearm during and in relation to a crime of violence or drug trafficking crime; (2) set penalties for injuring or maiming another person through such firearm use; and (3) provide for a five-year mandatory minimum sentence for transferring a firearm, knowing that it will be used to commit a crime of violence or drug trafficking crime.
Title IV: Providing Incentives to States that Prosecute Juveniles As Adults For Certain Offenses Involving Firearms
- Denies eligibility to receive Office of Juvenile Justice and Delinquency Prevention funds to any State that fails to demonstrate that it has in effect or has implemented (or will have in effect or will have implemented within one year from the date of application) laws, policies, or programs that provide for prosecution of juveniles as adults for specified serious offenses involving firearms. | {"src": "billsum_train", "title": "Juvenile Misuse of Firearms Prevention Act"} | 2,626 | 772 | 0.684992 | 2.159158 | 0.785203 | 4.186414 | 3.624013 | 0.875197 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Teachers and Parents at the Table
Act''.
SEC. 2. VOLUNTEER TEACHER ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.) is amended by inserting after section 1004 (20 U.S.C. 6304)
the following:
``SEC. 1005. VOLUNTEER TEACHER ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds as follows:
``(1) Expert teachers offer an important resource to
policymakers as they can bring their expertise and perspective
from the classroom to inform policy so that positive outcomes
for all students will be maximized.
``(2) State Teachers of the Year represent a valuable
resource with a body of expert knowledge and skill about
instructional practice, 21st century learning, and school
functioning that can be infused into policymaking to promote
better outcomes for prekindergarten, elementary, and secondary
students.
``(3) State Teachers of the Year have been selected by
their communities and States as models of their profession and
represent every State in the Nation and every discipline and
grade level.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Volunteer Teacher Advisory Committee
(referred to in this section as the `Committee').
``(c) Duty.--The duty of the Committee shall be to monitor the
effects of this Act, on the ground and in classrooms.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of 10 teachers employed in a public elementary school
and 10 teachers employed in a public secondary school who--
``(A) are past or present finalists or State
Teachers of the Year, or are nominated from
organizations representing teachers and have
demonstrated similar evidence of expertise;
``(B) have experience working with policy
development;
``(C) have a demonstrated history of working as a
teacher leader in the policy arena; and
``(D) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of teachers submitting applications under paragraph
(1)(D). The members of the Committee shall be appointed as
follows:
``(A) The Secretary shall appoint 4 teachers from
the list.
``(B) The Majority Leader of the Senate shall
appoint 4 teachers from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 teachers from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 teachers from the list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 teachers from the list.
``(3) Special requirements.--
``(A) Finalists or state teachers of the year.--Not
less than half of the members of the Committee shall be
past or present finalists or State Teachers of the
Year.
``(B) Representation requirement.--The members of
the Committee shall represent the diversity of the
teaching workforce from multiple geographic, grade
level, and specialty areas.
``(4) Term.--Each member of the Committee shall serve on
the Committee for a 3-year staggered term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) on an annual basis, a report on the
monitoring carried out under subsection (c); and
``(B) on a quarterly basis, updates on such
monitoring.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include, at a minimum, the following:
``(A) The effects of this Act on the teaching
profession.
``(B) The effects of this Act on schools and
classrooms.
``(C) The effects of this Act on students,
families, and communities.
``(D) Recommendations for strengthening policy and
policy implementation in order to meet the goals of the
Act.
``(f) Additional Requirements.--The following additional
requirements shall apply to the Committee:
``(1) The Committee shall meet in person at least once per
year for deliberation, with all travel expenses paid for by the
Secretary.
``(2) The Committee shall be available for consultation
with officials at the Department and the authorizing Committees
of Congress regarding the impact of this Act on students,
families, and the teaching profession.
``(g) Definition.--In this section, the term `State Teacher of the
Year' means any person who has been recognized as a State Teacher of
the Year by the Council of Chief State School Officers.
``(h) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2017 through 2021, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''.
SEC. 3. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), as amended by section 2 of this Act, is further amended by
inserting after section 1005 (as added by such section 2) the
following:
``SEC. 1006. VOLUNTEER PARENTS AND FAMILIES ADVISORY COMMITTEE.
``(a) Findings.--The Congress finds the following:
``(1) Parents and families have a major influence on their
children's achievement in school and throughout life.
``(2) Parents and family members offer an important
resource to policymakers as they provide a unique perspective
as consumers of our Nation's public schools.
``(3) All parents and family members--regardless of income,
education, or cultural background-- are involved in their
child's learning and want their child to reach their fullest
potential.
``(b) Establishment.--The Secretary shall establish an advisory
committee, to be known as the Volunteer Parents and Families Advisory
Committee (referred to in this section as the `Committee').
``(c) Duties and Focus.--The duty of the Committee shall be to
monitor the effects of this Act on children and families, and review
and analyze implementation of State and local parent and family
engagement policies, school-parent compacts, and other family
engagement activities described in section 1116 and part E of title IV.
``(d) Membership.--
``(1) In general.--The membership of the Committee shall
consist of 10 parents or family members of children enrolled in
a public elementary school and 10 parents or family members of
children enrolled in a public secondary school who--
``(A) have a demonstrated history of parental
involvement and family engagement in schools; and
``(B) have submitted an application to the
Secretary to serve on the Committee.
``(2) List; appointment.--The Secretary shall compile a
list of parents and family members submitting applications
under paragraph (1)(B). The members of the Committee shall be
appointed as follows:
``(A) The Secretary shall appoint 4 parents or
family members from the list.
``(B) The Majority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(C) The Minority Leader of the Senate shall
appoint 4 parents or family members from the list.
``(D) The Speaker of the House of Representatives
shall appoint 4 parents or family members from the
list.
``(E) The Minority Leader of the House of
Representatives shall appoint 4 parents or family
members from the list.
``(3) Representation requirement.--
``(A) In general.--The members of the Committee
shall represent multiple geographic areas and a
diversity of students, and shall include at least one
parent or family member representing each of the
following student groups:
``(i) Economically disadvantaged students.
``(ii) Students from major racial and
ethnic groups.
``(iii) Children with disabilities.
``(iv) English learners.
``(B) Special consideration.--Consideration should
also be given to representation of students' gender
identity and migrant status in the appointment of
members of the Committee.
``(4) Research advisors.--The Secretary may appoint not
more than 5 research advisors to the Committee, such as
researchers, practitioners or representatives from national
nonprofit organizations with expertise in family engagement in
education, to make data-driven recommendations regarding family
engagement in education metrics.
``(5) Term.--Each member of the Committee shall serve on
the Committee for a 3-year staggered term.
``(e) Annual Report.--
``(1) In general.--The Committee shall submit to Congress
and the Secretary--
``(A) on an annual basis, a report and policy
recommendations on the review and analysis carried out
under subsection (c); and
``(B) on a quarterly basis, updates on such review
and analysis.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include, at a minimum, the following:
``(A) The effects of this Act on students,
families, and communities.
``(B) The effects of this Act on parental
involvement and family engagement in education,
including schools and classrooms.
``(C) Direction for State education authorities and
local education authorities for implementing written
family engagement policies under section 1116 and part
E of title IV.
``(D) Recommendations for strengthening policy and
policy implementation in order to meet the goals of the
Act.
``(f) Definitions.--In this section:
``(1) The term `family engagement' means a shared
responsibility of families and schools for student success--
``(A) in which schools and community-based
organizations are committed to reaching out to engage
families in meaningful ways and families are committed
actively to support their children's learning and
development;
``(B) that is continuous from birth through young
adulthood; and
``(C) that reinforces learning that takes place in
the home, school, and community.
``(2) The term `parental involvement' means the
participation of parents or family members in regular, two-way,
and meaningful communication involving student academic
learning and other school activities, including ensuring--
``(A) that parents or family members play an
integral role in assisting their child's learning;
``(B) that parents or family members are encouraged
to be actively involved in their child's education at
school;
``(C) that parents or family members are full
partners in their child's education and are included,
as appropriate, in decisionmaking and on advisory
committees to assist in the education of their child;
and
``(D) the carrying out of other activities, such as
those described in section 1116.
``(g) Authorization of Funds.--Of the amounts appropriated to, and
available at the discretion of, the Secretary for programmatic and
administrative expenditures for fiscal years 2017 through 2021, a total
of $500,000 shall be used to establish and carry out the functions of
the Committee established under this section.''. | Teachers and Parents at the Table Act This bill amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish: (1) a Volunteer Teacher Advisory Committee to monitor the effects of the ESEA in classrooms, and (2) a Volunteer Parents and Families Advisory Committee to monitor the effects of the ESEA on children and families and to review and analyze the implementation of various family engagement activities. | {"src": "billsum_train", "title": "Teachers and Parents at the Table Act"} | 2,522 | 84 | 0.435243 | 1.088674 | 0.662835 | 3.467532 | 30.818182 | 0.922078 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``MRSA Infection Prevention and
Patient Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Acute care hospital.--The term ``acute care hospital''
means a hospital that maintains and operates an emergency room
(including a trauma or burn center), surgical unit, birthing
facility, and such other unit that is highly susceptible to
acquiring or transmitting infections, as determined by the
Secretary through regulations.
(2) Hospital.--The term ``hospital'' has the meaning given
such term in section 1861(e) of the Social Security Act (42
U.S.C. 1395x(e)) and includes critical access hospitals (as
defined in section 1861(mm) of such Act) and other entities
determined to be hospitals by the Secretary.
(3) MRSA.--The term ``MRSA'' means Methicillin-resistant
Staphylococcus aureus.
(4) Other infection.--The term ``other infection'' means an
infection that the Secretary, after consultation with the
Director of the Centers for Disease Control and Prevention and
other public health officials, as appropriate, and after public
hearing, determines to be, or to have the potential to become,
a serious source of morbidity and mortality in health care
facilities.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. HOSPITAL INFECTION PREVENTION PROGRAMS.
(a) Regulations.--
(1) In general.--Not later than 150 days after the date of
enactment of this Act, the Secretary, in consultation with the
Director of the Centers for Disease Control and Prevention and
such independent experts as the Secretary determines
appropriate, shall promulgate regulations that--
(A) provide a list of best practices for preventing
MRSA infections and such other antibiotic resistant
pathogens as the Secretary determines appropriate;
(B) define the term ``high risk hospital
departments'' for purposes of applying the best
practices provided for under subparagraph (A), which
may include surgical, burn, neonatal, and such other
departments as the Secretary determines;
(C) define the term ``serious source of morbidity
and mortality'' in quantitative terms for purposes of
determining the applicability of this Act to other
infections, except that such definition shall not
require morbidity and mortality rates of more than 1
percent of the estimated patient population at risk for
a particular infection in order for an infection to
qualify as a serious source of morbidity and mortality;
and
(D) provide screening, recordkeeping, and other
requirements as they relate to reductions in MRSA
infections.
(2) Consistency.--The regulations promulgated under this
subsection shall be consistent with the requirements of this
Act.
(3) Effective date.--The regulations promulgated under
paragraph (1) shall take effect on the date that is 30 days
after the date on which such regulations are published in the
Federal Register, but in no case later than 180 days after the
date of enactment of this Act.
(b) Screening Requirements.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, each acute care hospital shall screen
each patient entering an intensive care unit or other high risk
hospital department (as defined in the regulations promulgated
under subsection (a)(1)(B)).
(2) Extension of requirements.--
(A) In general.--The Secretary, in consultation
with the Director of the Centers for Disease Control
and Prevention, shall establish a process and a
timetable for extending the screening requirements of
paragraph (1) to all patients admitted to all
hospitals.
(B) Requirements fully applied.--The timetable
established under subparagraph (A), shall require that
all patients be covered by the screening requirements
under paragraph (1) by not later than January 1, 2014.
(C) Waiver.--The Secretary may waive the
requirements of this paragraph if the Secretary
determines, at the recommendation of the Director of
the Centers for Disease Control and Prevention and
after public hearing, that the rate of MRSA infections
or other infections has declined to a level at which
further screening is no longer needed.
(3) Medicare.--
(A) Requirement.--
(i) In general.--Section 1866(a)(1) of the
Social Security Act (42 U.S.C. 1395cc(a)(1)) is
amended--
(I) by striking ``and'' at the end
of subparagraph (U);
(II) by striking the period at the
end of subparagraph (V) and inserting
``, and''; and
(III) by inserting after
subparagraph (V) the following:
``(W) in the case of an acute care hospital (as defined in
section 2(1) of the MRSA Infection Prevention and Patient
Protection Act), to comply with the screening requirements
described in section 3 of such Act.''.
(ii) Effective date.--The amendments made
by clause (i) shall apply to agreements entered
into or renewed on or after the date that is
180 days after the enactment of this Act.
(B) Medicare payment adjustments.--Not later than
January 1, 2011, the Secretary shall submit to the
appropriate committees of Congress, a report on whether
payment adjustments should be made under title XVIII of
the Social Security Act (42 U.S.C. 1395 et seq.) to
assist certain hospitals in defraying the cost of
screening for, and the subsequent treatment of, MRSA
infections (or other infections). In preparing such
report, the Secretary shall give special consideration
to the needs of rural, critical access, sole community,
and Medicare dependent hospitals, and disproportionate
share hospitals and other hospitals with a
disproportionate share of immune compromised patients.
(c) Best Practices.--In addition to any other best practices
contained in the regulations promulgated under subsection (a)(1)(A),
each hospital shall comply with the following:
(1) A hospital shall require contact (barrier) precautions,
as determined by the Secretary, be taken when treating patients
who test positive for MRSA colonization (as defined by the
Centers for Disease Control and Prevention).
(2) Where possible, a hospital shall--
(A)(i) isolate, with the same staffing ratio per
bed as in the non-isolated beds of the hospital, or
cohort patients colonized or infected with MRSA; or
(ii) notify any patients with whom the
infected patient may room that such patient has
tested positive for MRSA;
(B) control and monitor the movements of such
patients within the hospital; and
(C) take whatever steps are needed to stop the
transmission of MRSA bacteria to patients who did not
come into the hospital infected or colonized with such
bacteria.
The Secretary may suspend the application of this paragraph in
the case of an emergency.
(3) All patients who test positive for MRSA shall be
informed of the results. All MRSA test results shall be noted
in the patient's medical record.
(4) Each hospital shall, by January 1, 2010, adopt a policy
requiring any patient who has a MRSA infection to receive oral
and written instructions regarding aftercare and precautions to
prevent the spread of the infection to others.
(5) Patients being discharged from intensive care units
shall be tested again for MRSA, and those patients testing
positive shall be informed of their status, and that status
shall be noted in the patient's medical records in case of
readmittance to a hospital.
(6) A hospital shall educate its staff concerning modes of
transmission of MRSA, use of protective equipment, disinfection
policies and procedures, and other preventive measures.
(7) A hospital shall provide other interventions, as the
Secretary determines to be necessary, for control of MRSA
infection.
(d) Reporting.--
(1) In general.--Not later than January 1, 2011, each
hospital shall, using the National Healthcare Safety Network of
the Centers for Disease Control and Prevention, report
hospital-acquired MRSA and other infections that occur in the
hospital facility. The Secretary shall develop a process for
the risk adjustment of such reports by hospitals.
(2) Publication.--The Secretary shall develop a system for
the publication of hospital-specific infection rates, including
the rate of MRSA infections.
(e) Non-Hospital Medicare Providers.--
(1) MRSA infection reporting.--The Secretary, using the
MRSA infection and other infection information identified under
subsection (b) and such other billing and coding information as
necessary, shall promulgate regulations to--
(A) define the term ``infected transferred
patient'', to describe a patient who, after discharge
from, or treatment at, a non-hospital Medicare
provider, is admitted to the hospital with MRSA
infection (or other infection);
(B) establish a system for identifying infected
transferred patients;
(C) establish a system to promptly inform any
facility that has transferred an infected patient; and
(D) establish requirements that any non-hospital
Medicare provider that treats an infected transferred
patient described under subparagraph (A) and that
cannot provide a reasonable explanation that the
infection was not acquired in the facility, submit to
the Secretary an action plan describing how such
provider plans to reduce the incidence of such
infections.
(2) Assistance.--The Secretary shall promulgate regulations
to develop a program to provide technical assistance and
educational materials to non-hospital Medicare providers
described in paragraph (1)(A) in order to assist in preventing
subsequent MRSA infections.
(3) Publication of certain information.--If a non-hospital
Medicare provider identified using the system established under
paragraph (1) fails to take steps, as required by the
regulations promulgated under subparagraph (1)(D), to combat
MRSA infections, the Secretary shall publish the name of the
provider and the number of MRSA infections from such provider
in the previous year.
(f) Assistance.--
(1) In general.--To provide for the rapid implementation of
MRSA screening programs and initiatives through the
installation of certified MRSA screening equipment and the
provision of necessary support services, a hospital may submit
an application to the Secretary for a 1-year increase in the
amount of the capital-related costs payment made to the
hospital under the prospective payment system under section
1886(g) of the Social Security Act (42 U.S.C. 1395ww(g)). The
Secretary shall approve all requests that the Secretary
determines are reasonable and necessary.
(2) Repayment.--A hospital that receives an increase under
paragraph (1) shall, not later than 4 years after the date of
receipt of such increase, reimburse the Secretary for the costs
of such increase. Such costs shall include the accrual of
interest at the rate payable for Federal Treasury notes. Such
reimbursement may be in the form of reduced capital-related
costs payments to the hospital under the system described in
paragraph (1) for the years following the year in which the
increase was received.
(3) Certification system.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
promulgate regulations for the development of a system to
certify appropriate MRSA screening and support services for
purposes of this subsection.
SEC. 4. MRSA TESTING PILOT PROGRAM.
(a) In General.--The Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director'') shall
award a grant to 1 collaborative project involving an eligible hospital
and qualified testing corporation on a competitive basis to carry out a
pilot program designed to develop a rapid, cost-effective method for
testing for MRSA using the polymerase chain reaction (referred to in
this section as ``PCR'') or other molecular testing methods.
(b) Purpose.--The pilot program described in subsection (a) shall
be designed to--
(1) develop a low-cost, nationally adoptable PCR-based
analytical system for timely MRSA testing and results;
(2) develop the system described in paragraph (1) so that
it is affordable to hospitals, thereby enabling compliance with
mandated MRSA testing requirements;
(3) develop a system for centralized reporting of results
receiving through such testing to appropriate governmental
agencies for the purpose of disease reporting and surveillance;
and
(4) develop a technology platform that may be extended to
other infections that the Director identifies as priorities for
detection, treatment, and surveillance.
(c) Eligibility.--The Secretary shall establish requirements
regarding eligibility to receive a grant under this section, which
shall include the following requirements:
(1) The collaborate project shall be between a nonprofit
hospital organized for charitable purposes under section
501(c)(3) of the Internal Revenue Code of 1986 and a qualified
testing corporation.
(2) The hospital shall serve as the beta test site for any
MRSA screening methods developed through the pilot program. | MRSA Infection Prevention and Patient Protection Act - Directs the Secretary of Health and Human Services (HHS) to promulgate regulations relating to MRSA (methicillin-resistant Staphylococcus aureus), including regulations that provide a list of best practices for preventing MRSA infections and such other antibiotic resistant pathogens as the Secretary determines appropriate.
Requires each acute care hospital to screen each patient entering an intensive care unit or other high-risk hospital department. Directs the Secretary to: (1) establish a process and a timetable for extending the screening requirements to patients admitted to all hospitals by January 1, 2014; and (2) report to Congress on whether payment adjustments should be made under Medicare to assist certain hospitals in defraying the cost of screening for, and the subsequent treatment of, MRSA or other infections.
Requires all hospitals to: (1) comply with specified MRSA best practices, including contact precautions and patient notification; and (2) report hospital-acquired MRSA and other infections that occur in the facility.
Requires the Secretary to: (1) establish systems for identifying infected transferred patients and for promptly informing any facility that has transferred an infected patient; and (2) publish the names of providers who fail to take steps to reduce the incidence of MRSA infections.
Permits a hospital to apply to the Secretary for a one-year increase in the amount of the capital-related costs payment made to the hospital under the prospective payment system to provide for the rapid implementation of MRSA screening programs and initiatives.
Requires the Director of the Centers for Disease Control and Prevention (CDC) to award a grant for a pilot program to develop a rapid, cost-effective method for testing for MRSA using a molecular testing method. . | {"src": "billsum_train", "title": "A bill to prevent health care facility-acquired infections."} | 2,802 | 387 | 0.601777 | 1.790288 | 0.852425 | 4.594595 | 7.843844 | 0.948949 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Central Nevada Rural Cemeteries
Act''.
SEC. 2. CONVEYANCE TO LANDER COUNTY, NEVADA.
(a) Findings.--Congress finds that--
(1) the historical use by settlers and travelers since the
late 1800's of the cemetery known as ``Kingston Cemetery'' in
Kingston, Nevada, predates incorporation of the land within the
jurisdiction of the Forest Service on which the cemetery is
situated;
(2) it is appropriate that that use be continued through
local public ownership of the parcel rather than through the
permitting process of the Federal agency;
(3) in accordance with Public Law 85-569 (commonly known as
the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has
conveyed to the Town of Kingston 1.25 acres of the land on
which historic gravesites have been identified; and
(4) to ensure that all areas that may have unmarked
gravesites are included, and to ensure the availability of
adequate gravesite space in future years, an additional parcel
consisting of approximately 8.75 acres should be conveyed to
the county so as to include the total amount of the acreage
included in the original permit issued by the Forest Service
for the cemetery.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of
Agriculture, acting through the Chief of the Forest Service (referred
to in this section as the ``Secretary''), not later than 90 days after
the date of enactment of this Act, shall convey to Lander County,
Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of National Forest System land (including
any improvements on the land) known as ``Kingston Cemetery'',
consisting of approximately 10 acres and more particularly described as
SW\1/4\SE\1/4\SE\1/4\ of section 36, T. 16N., R. 43E., Mount Diablo
Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over Forest Development Road #20307B,
notwithstanding any future closing of the road for other use.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors)
shall continue the use of the parcel conveyed under subsection
(b) as a cemetery.
(2) Reversion.--If the Secretary, after notice to the
county and an opportunity for a hearing, makes a finding that
the county has used or permitted the use of the parcel for any
purpose other than the purpose specified in paragraph (1), and
the county fails to discontinue that use--
(A) title to the parcel shall revert to the
Secretary, to be administered by the Secretary; and
(B) the easement granted to the county under
subsection (d) shall be revoked.
(3) Waiver.--The Secretary may waive the application of
subparagraph (A) or (B) of paragraph (2) if the Secretary
determines that a waiver would be in the best interests of the
United States.
SEC. 3. CONVEYANCE TO EUREKA COUNTY, NEVADA.
(a) Findings.--Congress finds that--
(1) the historical use by settlers and travelers since the
late 1800's of the cemetery known as ``Maiden's Grave
Cemetery'' in Beowawe, Nevada, predates incorporation of the
land within the jurisdiction of the Bureau of Land Management
on which the cemetery is situated; and
(2) it is appropriate that that use be continued through
local public ownership of the parcel rather than through the
permitting process of the Federal agency.
(b) Conveyance on Condition Subsequent.--Subject to valid existing
rights and the condition stated in subsection (e), the Secretary of the
Interior, acting through the Director of the Bureau of Land Management
(referred to in this section as the ``Secretary''), not later than 90
days after the date of enactment of this Act, shall convey to Eureka
County, Nevada (referred to in this section as the ``county''), for no
consideration, all right, title, and interest of the United States in
and to the parcel of land described in subsection (c).
(c) Description of Land.--The parcel of land referred to in
subsection (b) is the parcel of public land (including any improvements
on the land) known as ``Maiden's Grave Cemetery'', consisting of
approximately 10 acres and more particularly described as S\1/2\NE\1/
4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\SW\1/4\ of section 10, T.31N.,
R.49E., Mount Diablo Meridian.
(d) Easement.--At the time of the conveyance under subsection (b),
subject to subsection (e)(2), the Secretary shall grant the county an
easement allowing access for persons desiring to visit the cemetery and
other cemetery purposes over an appropriate access route consistent
with current access.
(e) Condition on Use of Land.--
(1) In general.--The county (including its successors)
shall continue the use of the parcel conveyed under subsection
(b) as a cemetery.
(2) Reversion.--If the Secretary, after notice to the
county and an opportunity for a hearing, makes a finding that
the county has used or permitted the use of the parcel for any
purpose other than the purpose specified in paragraph (1), and
the county fails to discontinue that use--
(A) title to the parcel shall revert to the
Secretary, to be administered by the Secretary; and
(B) the easement granted to the county under
subsection (d) shall be revoked.
(3) Waiver.--The Secretary may waive the application of
subparagraph (A) or (B) of paragraph (2) if the Secretary
determines that a waiver would be in the best interests of the
United States. | Central Nevada Rural Cemeteries Act - Directs the Secretary of Agriculture, acting through the Chief of the Forest Service, to convey to Lander County, Nevada, for no consideration, all right, title, and interest of the United States in and to the National Forest System land (including any improvements on such land) known as Kingston Cemetery. Directs the Secretary to grant the County an easement allowing access for persons wanting to visit the Cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use.
Requires Lander County (including its successors) to continue using the land as a cemetery. Provides that, if the Secretary, after notice to the County and an opportunity for a hearing, makes a finding that the County has used or permitted the use of the land for any other purpose, and the County fails to discontinue that use: (1) title to the land shall revert to the Secretary, to be administered by the Secretary, and (2) the easement granted to the County shall be revoked. Permits the Secretary to waive the application of the reversion of the title to the land or the revocation of the easement if a waiver would be in the best interests of the United States.
Directs the Secretary of the Interior, acting through the Director of the Bureau of Land Management, to convey to Eureka County, Nevada, for no consideration, all right, title, and interest of the United States in and to the public land (including any improvements on such land) known as Maiden's Grave Cemetery. Directs the Secretary to grant the County an easement allowing access for persons wanting to visit the Cemetery and other cemetery purposes over an appropriate access route consistent with current access.
Requires Eureka County (including its successors) to continue using the land as a cemetery. Provides for the reversion and waiver provisions specified above to apply to such County as well. | {"src": "billsum_train", "title": "A bill to direct the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued use as cemeteries."} | 1,435 | 422 | 0.602707 | 2.024882 | 0.758318 | 5.735849 | 3.38814 | 0.932615 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Workforce Reduction Act of
2010''.
SEC. 2. REDUCING THE NUMBER OF FEDERAL EMPLOYEES.
Section 3101 of title 5, United States Code, is amended--
(1) by striking ``Each Executive agency'' and inserting
``(a) In General.--Subject to subsection (b), each Executive
agency''; and
(2) by adding at the end the following new subsection:
``(b) Reduction in Number of Employees.--
``(1) Hiring freeze.--Except as provided in paragraph (2),
during fiscal year 2011 and each succeeding fiscal year for
which the Director of the Office of Management and Budget (in
such manner as the Director determines to be appropriate)
projects a Federal budget deficit, the head of an Executive
agency may not appoint any individual to a position in the
agency.
``(2) Permitting appointments from federal workforce hiring
pool.--
``(A) Establishment of pool.--The President shall
establish a Federal workforce hiring pool consisting of
positions which may be allocated among all Executive
agencies.
``(B) Procedures.--The head of an Executive agency
may appoint an individual to a position in the agency
if--
``(i) there is a position available in the
Federal workforce hiring pool;
``(ii) the head of the Executive agency
submits a request to the President for the
allocation of a position in the Federal
workforce hiring pool to the agency for
purposes of making an appointment; and
``(iii) the President approves the request.
``(C) Process and criteria for approving
requests.--The President shall promulgate regulations--
``(i) setting forth the process by which
the head of an Executive agency may make a
request under this subsection; and
``(ii) setting forth the criteria by which
the President shall determine on a competitive
basis whether to approve a request by the head
of an Executive agency under this subsection.
``(D) Number of positions in pool.--
``(i) Initial number.--As of the first day
of fiscal year 2011, the number of positions in
the Federal workforce hiring pool shall equal
zero.
``(ii) Changes to initial number.--After
the first day of fiscal year 2011, the number
of positions in the Federal workforce hiring
pool--
``(I) shall increase by .50 for
each full-time-equivalent position in
any Executive agency which subsequently
becomes vacant; and
``(II) shall decrease by 1.0 for
each request for a full-time equivalent
position which is approved by the
President under this subsection.
``(3) Waiver in case of emergency or need to protect
national security.--The President may waive this subsection
with respect to the hiring of an employee for a position upon a
determination by the President that--
``(A) the existence of a state of war or other
national security concern so requires; or
``(B) the existence of an extraordinary emergency
threatening life, health, safety, or property so
requires.
``(4) Action through opm.--The President shall carry out
this subsection through the Director of the Office of Personnel
Management, who shall consult with the Director of the Office
of Management and Budget.
``(5) Reports to congress.--
``(A) In general.--Not later than 90 days after the
end of each quarter of a fiscal year, the President
shall provide Congress with a report containing a list
of each appointment approved by the President under
this subsection during the quarter, broken down by
executive agency.
``(B) Information included.--The list contained in
a report provided to Congress under subparagraph (A)
shall include a description of the position associated
with each approved appointment, but shall not provide
any information that may be used to identify the
individual appointed to the position.
``(C) Public dissemination.--The President shall
make each report provided to Congress under
subparagraph (A) available to the public by posting the
report on the official public website of the Executive
Office of the President in a searchable, sortable, and
downloadable manner.
``(6) Exclusion of certain executive agencies.--This
subsection does not apply to--
``(A) the Department of Defense;
``(B) the Department of Homeland Security; or
``(C) the Department of Veterans' Affairs.''. | Federal Workforce Reduction Act of 2010 - Prohibits the head of an executive agency from appointing any individual to a position in the agency in any fiscal year for which the Director of the Office of Management and Budget (OMB) projects a federal budget deficit. Makes an exception if: (1) there is a position available in the federal workforce hiring pool (to be established by the President); and (2) the President approves an agency head's request for the allocation of a position in the pool to the agency.
Sets the number of positions in the hiring pool at zero as of the first day of FY2011, after which the number shall: (1) increase by .50 for each full time-equivalent position in any agency which subsequently becomes vacant; and (2) decrease by 1.0 for each request for a full time-equivalent position that is approved by the President. Authorizes the President to waive this limitation upon determining that such waiver is required by the existence of a state of war, other national security concern, or an extraordinary emergency threatening life, health, safety, or property.
Exempts the Department of Defense (DOD), the Department of Homeland Security (DHS), and the Department of Veterans Affairs (VA). | {"src": "billsum_train", "title": "To amend title 5, United States Code, to reduce the number of civil service positions within the executive branch, and for other purposes."} | 997 | 268 | 0.672873 | 1.917632 | 0.77417 | 3.728395 | 3.835391 | 0.921811 |
SECTION 1. SMALL BUSINESS TAX INCENTIVES.
(a) Increase in Section 179 Expensing.--
(1) Increase in dollar limitation made permanent.--
Paragraph (1) of section 179(b) of the Internal Revenue Code of
1986 (relating to dollar limitation) is amended by striking
``$25,000 ($100,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$100,000''.
(2) Increase in threshold for reduction of dollar
limitation.--Paragraph (2) of section 179(b) of such Code
(relating to reduction in limitation) is amended by striking
``$200,000 ($400,000 in the case of taxable years beginning
after 2002 and before 2006)'' and inserting ``$500,000''.
(3) Inflation adjustment.--Paragraph (5) of section 179(b)
of such Code (relating to inflations adjustments) is amended to
read as follows:
``(5) Inflation adjustments.--
``(A) Dollar limitation.--In the case of any
taxable year beginning in a calendar year after 2004,
the $100,000 amount in paragraph (1) shall be increased
by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2002' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Phaseout amount.--In the case of any taxable
year beginning in a calendar year after 2005, the
$500,000 amount in paragraph (2) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment under
section 1(f)(3) for the calendar year in which
the taxable year begins determined by
substituting `calendar year 2004' for `calendar
year 1992' in subparagraph (B) thereof.
``(C) Rounding.--
``(i) Dollar limitation.--If the amount in
paragraph (1) as increased under subparagraph
(A) is not a multiple of $1,000, such amount
shall be rounded to the nearest multiple of
$1,000.
``(ii) Phaseout amount.--If the amount in
paragraph (2) as increased under subparagraph
(B) is not a multiple of $10,000, such amount
shall be rounded to the nearest multiple of
$10,000.''.
(4) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2004.
(b) Work Opportunity Credit, Welfare-To-Work Credit, and Research
Credit Allowed Against Alternative Minimum Tax.--
(1) In general.--Subsection (c) of section 38 of the
Internal Revenue Code of 1986 (relating to limitation based on
amount of tax) is amended by redesignating paragraph (4) as
paragraph (7) and by inserting after paragraph (3) the
following new paragraphs:
``(4) Special rules for work opportunity credit.--
``(A) In general.--In the case of the work
opportunity credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the work
opportunity credit, the welfare-to-work
credit, or the research credit).
``(B) Work opportunity credit.--For purposes of
this subsection, the term `work opportunity credit'
means the credit allowable under subsection (a) by
reason of section 51(a).
``(5) Special rules for welfare-to-work credit.--
``(A) In general.--In the case of the welfare-to-
work credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the welfare-
to-work credit or the research credit).
``(B) Welfare-to-work credit.--For purposes of this
subsection, the term `welfare-to-work credit' means the
credit allowable under subsection (a) by reason of
section 51A(d)(2).
``(6) Special rules for research credit.--
``(A) In general.--In the case of the research
credit--
``(i) this section and section 39 shall be
applied separately with respect to such credit,
and
``(ii) in applying paragraph (1) to such
credit--
``(I) subparagraph (A) shall not
apply, and
``(II) the limitation under
paragraph (1) (as modified by subclause
(I)) shall be reduced by the credit
allowed under subsection (a) for the
taxable year (other than the research
credit).
``(B) Research credit.--For purposes of this
subsection, the term `research credit' means the credit
allowable under subsection (a) by reason of section
41.''.
(2) Conforming amendments.--
(A) Subclause (II) of section 38(c)(2)(A)(ii) of
such Code is amended--
(i) by striking ``or'' after ``employment
credit'' and inserting a comma, and
(ii) by inserting ``, the work opportunity
credit, the welfare-to-work credit, or the
research credit'' after ``employee credit''.
(B) Subclause (II) of section 38(c)(3)(A)(ii) of
such Code is amended by inserting ``, the work
opportunity credit, the welfare-to-work, or the
research credit'' after ``employee credit''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31, 2004.
SEC. 2. STANDARD HOME OFFICE DEDUCTION.
(a) In General.--Subsection (c) of section 280A of the Internal
Revenue Code of 1986 (relating to disallowance of certain expenses in
connection with business use of home, rental of vacation homes, etc.)
is amended by adding at the end the following new paragraph:
``(7) Standard home office deduction.--In the case of a use
described in paragraph (1), (2), or (4), and in the case of a
use described in paragraph (3) where the dwelling unit is used
by the taxpayer during the taxable year as a residence, the
deductions allowed under this chapter for the taxable year by
reason of being attributed to such use shall not be less than
$2,500.''.
(b) Standard Home Office Deduction not Subject to Limitation.--
Paragraph (5) of section 280A(c) of such Code (relating to limitation
on deductions) is amended by striking ``In the case of'' and inserting
``Except as provided in paragraph (7), in the case of''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 3. MINIMUM WAGE PROVISIONS.
(a) Increase in Tip Income.--Section 3(m)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended by adding before
the semicolon the following: ``, except that, for purposes of this
paragraph, the cash wage paid such employee shall be not less than
$3.25 an hour beginning October 1, 2005''.
(b) Minimum Wage.--
(1) Exemption for small employers.--Section 6 of the Fair
Labor Standards Act of 1938 (29 U.S.C. 206) is amended--
(A) in subsection (a), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''; and
(B) in subsection (b), by inserting after ``Every
employer'' the following: ``who employs ten or more
employees''.
(2) Phased increase.--Section 6(a) of such Act (29 U.S.C.
206(a)) is amended by striking paragraph (1) and inserting the
following new paragraph:
``(1) except as otherwise provided in this section, not
less than $5.15 an hour through the period ending September 30,
2005, not less than $5.50 an hour during the year beginning
October 1, 2005, not less than $6.00 an hour during the year
beginning October 1, 2006, and not less than $6.50 an hour
during the year beginning October 1, 2007.''.
(c) Effective Date.--The amendment made by subsection (b)(1) shall
apply beginning October 1, 2005.
SEC. 4. INCREASED EXEMPTION FOR ANNUAL GROSS VOLUME OF SALES MADE OR
BUSINESS DONE BY AN ENTERPRISE.
Section 3(s)(1)(A)(ii) of the Fair Labor Standards Act of 1938 (29
U.S.C. 203(s)(1)(A)(ii)) is amended to read as follows:
``(ii) is an enterprise whose annual gross volume
of sales made or business done, exclusive of excise
taxes at the retail level that are separately stated,
is not less than $500,000 through the period ending
September 30, 2005, not less than $650,000 during the
year beginning October 1, 2005, not less than $800,000
during the year beginning October 1, 2006, and not less
than $1,000,000 during the year beginning October 1,
2007.''.
SEC. 5. EARNED INCOME EXCLUSION UNDER THE SSI PROGRAM.
(a) In General.--Section 1612(b) of the Social Security Act (42
U.S.C. 1382a(b)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24)(A) if such individual does not have an eligible
spouse, the amount (if any) by which the minimum wage rate in
effect for the month under section 6 of the Fair Labor
Standards Act of 1938 multiplied by the number of hours for
which such individual is gainfully employed during the month
exceeds the total amount of earned income of such individual
excluded by the preceding provisions of this subsection for the
month; or
``(B) if such individual has an eligible spouse, the amount
(if any) by which the minimum wage rate in effect for the month
under section 6 of the Fair Labor Standards Act of 1938
multiplied by the total number of hours for which such
individual and such spouse are gainfully employed during the
month exceeds the total amount of earned income of such
individual and such spouse excluded by the preceding provisions
of this subsection for the month.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on October 1, 2005, and shall apply to benefits for months
beginning on or after such date. | Amends the Internal Revenue Code to make permanent the increased expensing allowance ($100,000) for depreciable business property. Increases to $500,000 the income threshold for reducing the expensing allowance and makes such threshold amount permanent. Provides for an inflation adjustment to the allowance and the threshold.
Allows a credit against alternative minimum tax liability for the work opportunity tax credit, the welfare to work tax credit, and the tax credit for increasing research activities.
Provides for a minimum standard tax deduction of $2,500 for expenses for the business use of a home.
Amends the Fair Labor Standards Act of 1938 to: (1) increase the minimum wage for tipped employees to $3.25 beginning on October 1, 2005; (2) exempt from minimum wage requirements employers with less than ten employees; (3) phase in an increase of the minimum wage to $6.50 beginning October 1, 2007; and (4) phase in an increase in the gross volume of sales amount applicable to the small business exemption from minimum wage requirements.
Amends title XVI (Supplemental Security Income) of the Social Security Act to exclude from income determinations under the supplemental security income programs minimum wage income that exceeds certain earned income. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide for small business tax incentives, to amend the Fair Labor Standards Act of 1938 to increase the minimum wage and to increase the exemption for annual gross volume of sales made or business done by an enterprise, and for other purposes."} | 2,594 | 255 | 0.496659 | 1.291798 | 0.686816 | 1.926407 | 10.229437 | 0.82684 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy and Water Research
Integration Act of 2012''.
SEC. 2. INTEGRATING ENERGY AND WATER RESEARCH.
(a) In General.--The Secretary of Energy shall integrate water
considerations into energy research, development, and demonstration
programs and projects of the Department of Energy by--
(1) advancing energy and energy efficiency technologies and
practices that meet the objectives of--
(A) minimizing freshwater withdrawal and
consumption;
(B) increasing water use efficiency; and
(C) utilizing nontraditional water sources with
efforts to improve the quality of the water from those
sources;
(2) considering the effects climate variability and change
may have on water supplies and quality for energy generation
and fuel production; and
(3) improving understanding of the energy-water nexus.
(b) Strategic Plan.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop a strategic
plan identifying the research, development, and demonstration
needs for Department programs and projects to carry out
subsection (a). The strategic plan shall include technical
milestones for achieving and assessing progress toward the
objectives of subsection (a)(1).
(2) Specific considerations.--In developing the strategic
plan, the Secretary shall consider--
(A) new advanced cooling technologies for energy
generation and fuel production technologies;
(B) performance improvement of existing cooling
technologies and cost reductions associated with using
those technologies;
(C) innovative water reuse, recovery, and treatment
technologies in energy generation and fuel production;
(D) technology development for carbon capture and
storage systems that utilize efficient water use design
strategies;
(E) technologies that are life-cycle cost
effective;
(F) systems analysis and modeling of issues
relating to the energy-water nexus;
(G) technologies to treat and utilize wastewater
and produced waters discharged from oil, natural gas,
coalbed methane, and any other substance to be used as
an energy source;
(H) advanced materials for the use of
nontraditional water sources for energy generation and
fuel production;
(I) biomass production and utilization and the
impact on hydrologic systems;
(J) technologies that reduce impacts on water from
energy resource development;
(K) energy efficient technologies for water
distribution and collection systems;
(L) technologies for energy generation from water
distribution and collection systems; and
(M) any other area of the energy-water nexus that
the Secretary considers appropriate.
(3) Collaboration and nonduplication.--In developing the
strategic plan, the Secretary shall coordinate and avoid
duplication--
(A) with other Federal agencies operating related
programs, if appropriate; and
(B) across programs and projects of the Department,
including with those of the National Laboratories.
(4) Relevant information and recommendations.--In
developing the strategic plan, the Secretary shall consider and
incorporate, as appropriate, relevant information and
recommendations, including those of the National Water
Availability and Use Assessment Program under section 9508(d)
of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
10368(d)).
(5) Nongovernmental participation.--In developing the
strategic plan, the Secretary shall consult and coordinate with
a diverse group of representatives from research and academic
institutions and industry who have expertise in technologies
and practices relating to the energy-water nexus.
(6) Submission to congress.--Not later than 9 months after
the date of enactment of this Act, the Secretary shall submit
to Congress the strategic plan.
(7) Updating the strategic plan.--Not later than 3 years
after the date of enactment of this Act, and at least once
every 5 years thereafter, the Secretary shall--
(A) utilize relevant information produced by
Federal Government agencies, academia, and industry to
update the strategic plan;
(B) include in the updated strategic plan a
description of the changes from the previous strategic
plan and the rationale for such changes; and
(C) submit the updated strategic plan to Congress.
(c) Progress Reports.--Not less frequently than once every 2 years,
the Secretary shall transmit to Congress a report on the progress the
Department has made toward the milestones outlined in the strategic
plan.
(d) Additional Activities.--The Secretary may provide for such
additional research, development, and demonstration activities as
appropriate to integrate water considerations into the research,
development, and demonstration activities of the Department as
described in subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $60,000,000
for each of the fiscal years 2013 through 2017.
SEC. 3. ENERGY-WATER ARCHITECTURE COUNCIL.
(a) In General.--The Secretary, in coordination with other relevant
Federal agencies, shall establish an Energy-Water Architecture Council
to promote and enable improved energy and water resource data
collection, reporting, and technological innovation. The Council shall
consist of--
(1) representation from each Federal agency that conducts
research related to the energy-water nexus; and
(2) non-Federal members, including representatives of
research and academic institutions and industry, who have
expertise in technologies and practices relating to the energy-
water nexus.
(b) Functions.--The Council shall--
(1) make recommendations on the development of data
collection and data communication standards and protocols to
agencies and entities currently engaged in collecting the data
for the energy-water nexus;
(2) recommend ways to make improvements to Federal water
use data to increase understanding of trends in energy
generation and fuel production;
(3) recommend best practices for utilizing information from
existing monitoring networks to provide nationally uniform
water and energy use and infrastructure data; and
(4) conduct annual technical workshops, including at least
1 regional workshop annually, to facilitate information
exchange among Federal, regional, State, local, and tribal
governments and private sector experts on technologies that
encourage the conservation and efficient use of water and
energy.
(c) Reports.--Not later than 1 year after the date of enactment of
this Act, and at least once every 2 years thereafter, the Council,
through the Secretary, shall transmit to Congress a report on its
findings and activities under this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for carrying out this section $2,000,000
for each of the fiscal years 2013 through 2017.
SEC. 4. MANDATES.
Nothing in this Act shall be construed to require State, tribal, or
local governments to take any action that may result in an increased
financial burden to such governments by restricting the use of water by
such governments.
SEC. 5. COORDINATION AND NONDUPLICATION.
To the maximum extent practicable, the Secretary shall coordinate
activities under this Act with other programs of the Department and
other Federal research programs.
SEC. 6. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the Energy-Water
Architecture Council established by section 3(a).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Energy-water nexus.--The term ``energy-water nexus''
means the energy required to provide reliable water supplies
and the water required to provide reliable energy supplies
throughout the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy. | Energy and Water Research Integration Act of 2012 - Directs the Secretary of Energy to integrate water considerations into energy research, development, and demonstration programs and projects of the Department of Energy (DOE), to: (1) advance energy and energy efficiency technologies and practices that meet the objectives of minimizing freshwater withdrawal and consumption, increasing water use efficiency, and utilizing nontraditional water sources with efforts to improve the quality of water from those sources; (2) consider the effects climate variability and change may have on water supplies and quality for energy generation and fuel production; and (3) improve understanding of the energy required to provide reliable water supplies and the water required to provide reliable energy supplies throughout the United States (energy-water nexus). Requires the Secretary to develop, submit to Congress within nine months, and update every three years a Strategic Plan identifying the research, development, and demonstration needs of such programs and projects.
Requires the Secretary, in developing such Plan, to consider and incorporate relevant information and recommendations, including those of the National Water Availability and Use Assessment Program.
Directs the Secretary, in coordination with other relevant federal agencies, to establish an Energy-Water Architecture Council to promote and enable improved energy and water resource data collection, reporting, and technological innovation. Requires the Council to: (1) make recommendations on the development of data collection and communication standards and protocols to agencies and entities currently engaged in collecting the data for the energy-water nexus, (2) recommend ways to make improvements to federal water use data to increase understanding of trends in energy generation and fuel production, (3) recommend best practices for utilizing information from existing monitoring networks to provide nationally uniform water and energy use and infrastructure data, and (4) conduct annual technical workshops to facilitate information exchange among experts on technologies that encourage the conservation and efficient use of water and energy.
Provides that nothing in this Act shall be construed to require state, tribal, or local governments to take any action that may result in an increased financial burden by restricting their water use. | {"src": "billsum_train", "title": "To ensure consideration of water intensity in the Department of Energy's energy research, development, and demonstration programs to help guarantee efficient, reliable, and sustainable delivery of energy and clean water resources."} | 1,595 | 418 | 0.671122 | 2.124166 | 0.945436 | 6.004975 | 3.793532 | 0.970149 |
SECTION 1. SHORT TITLE; AMENDMENT OF OCEANS AND HUMAN HEALTH ACT.
(a) Short Title.--This Act may be cited as the ``Oceans and Human
Health Reauthorization Act of 2011''.
(b) Amendment of Oceans and Human Health Act.--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 Oceans and Human Health Act (33 U.S.C. 3101 et
seq.).
SEC. 2. INTERAGENCY OCEANS AND HUMAN HEALTH RESEARCH PROGRAM.
(a) Coordination.--Section 902(a) (33 U.S.C. 3101(a)) is amended by
striking ``oceans in human health.'' and inserting ``oceans in human
health and deliver information, products, and services to assist the
Nation in reducing public health risks, and enhancing health benefits,
from the ocean.''.
(b) Implementation Plan.--Section 902(b) (33 U.S.C. 3101(b)) is
amended--
(1) by striking the matter preceding paragraph (1) and
inserting the following:
``(b) Implementation Plan.--Within 2 years after the date of the
enactment of the Oceans and Human Health Reauthorization Act of 2011,
and every 10 years thereafter, the National Science and Technology
Council, through the Director of the Office of Science and Technology
Policy, shall revise and update the 2007 `Interagency Oceans and Human
Health Research Implementation Plan' and submit the updated plan to the
Congress. The updated Plan shall define the roles of Federal agencies
and departments in order to avoid duplication of activities and
coordinate efforts in support of the research program. Nothing in this
subsection is intended to duplicate or supersede the activities of the
Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia established
under section 603 of the Harmful Algal Bloom and Hypoxia Research and
Control Act of 1998 (16 U.S.C. 1451 note). The updated Plan shall build
on and complement the ongoing research, monitoring, surveillance, and
outreach activities of the National Oceanic and Atmospheric
Administration, the National Science Foundation, the National
Institutes of Health (including the National Institute of Environmental
Health Sciences), the Centers for Disease Control and Prevention, the
U.S. Environmental Protection Agency, the Food and Drug Administration,
and other Federal departments and agencies, and shall--'';
(2) in paragraph (1)--
(A) by striking ``prediction'' and inserting
``monitoring, surveillance, prediction forecasting, and
mitigation'';
(B) by inserting ``and chemical'' after
``biological''; and
(C) by striking ``treatments'' and inserting
``products for the prevention and treatment'';
(3) in paragraph (2), by striking ``training'' and all that
follows and inserting ``Federal oceans and human health
research centers, training, and support for scientists, and
participation in national and international research and
outreach efforts, including outreach to the public health and
medical communities, and the public;'';
(4) in paragraph (4), by striking ``preventive'' and
inserting ``preventing'';
(5) in paragraph (5), by inserting ``the National Ocean
Council,'' after ``the Ocean Research Advisory Panel,''; and
(6) by striking paragraph (7) and inserting the following:
``(7) estimate funding needed for research, surveillance,
prediction, education, and outreach activities to be conducted
within and supported by Federal agencies under the program.''.
(c) Program Scope.--Section 902(c) (33 U.S.C. 3101(c)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Interdisciplinary research among the ocean,
atmospheric, biological, and medical sciences, and coordinated
research and activities to improve understanding of processes
within the ocean that may affect human health and to explore
the potential contribution of marine organisms to medicine and
research, including--
``(A) vector-, water-, and food-borne diseases of
humans and marine organisms, including marine mammals,
corals, fish, and shellfish;
``(B) human health effects associated with harmful
algal blooms and hypoxia (in collaboration with the
Inter-Agency Task Force on Harmful Algal Blooms and
Hypoxia);
``(C) marine-derived pharmaceuticals and other
natural products;
``(D) marine organisms and habitats as models for
biomedical research and as indicators of human health
and well being and marine environmental health;
``(E) marine environmental microbiology linked to
human health;
``(F) human health effects associated with legacy
and emerging chemicals of concern, including
bioaccumulative and endocrine-disrupting chemical
contaminants;
``(G) predictive models of public health risks
based on indicators and assessments of marine ecosystem
health and marine animal health; and
``(H) social, economic, and behavioral studies of
relationships between the condition of oceans, coasts,
and the Great Lakes and human health and well-being,
risk communication, and decision-making processes.
``(2) Coordination with appropriate interagency working
groups of the Subcommittee on Ocean Science and Technology, or
its successor body, through the National Science and Technology
Council, to ensure that any integrated ocean and coastal
observing system provides information necessary to monitor and
reduce marine public health problems, including climate change
information, health-related data on biological populations, and
detection of toxins and contaminants in marine waters and
seafood.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``genomics and
proteomics'' and inserting ``genomics, proteomics,
metabolomics, and other related sciences'';
(B) by striking subparagraph (C) and inserting the
following:
``(C) in situ, laboratory, and remote sensors--
``(i) to detect, quantify, and predict the
presence, distribution, concentration,
toxicity, or virulence of infectious microbes,
harmful algae, toxins, and chemical
contaminants in ocean waters, sediments,
organisms, and seafood; and
``(ii) to identify new genetic resources
for biomedical purposes;''; and
(C) in subparagraph (E), by striking ``equipment
and technologies'' and inserting ``equipment,
technologies, and methodologies used in human health,
and other fields, for application to oceans and human
health objectives''.
(d) Biennial Report.--Section 902(d) (33 U.S.C. 3101(d)) is
amended--
(1) by striking ``Annual'' in the heading and inserting
``Biennial'';
(2) in the matter preceding paragraph (1)--
(A) by striking ``Beginning with the first year
occurring more than 24 months after the date of
enactment of the Act, the'' and inserting ``The'';
(B) by striking ``each year an annual'' and
inserting ``alternate years a biennial''; and
(C) by striking ``fiscal year'' and inserting ``2
fiscal years'';
(3) in paragraph (1), by striking ``fiscal year;'' and
inserting ``2 fiscal years;'';
(4) in paragraph (4), by striking ``that preceding fiscal
year;'' and inserting ``the preceding 2 fiscal years;'' and
(5) in paragraph (5), by striking ``action'' and inserting
``action, funding needs,''.
SEC. 3. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OCEANS AND
HUMAN HEALTH PROGRAM.
(a) Establishment.--Section 903(a) (33 U.S.C. 3102(a)) is amended
to read as follows:
``(a) Program.--
``(1) In general.--As part of the interagency oceans and
human health research program, the Secretary of Commerce shall
establish an Oceans and Human Health Program to coordinate and
implement research and activities of the National Oceanic and
Atmospheric Administration related to the role of the oceans,
the coasts, and the Great Lakes in human health. The program
shall link National Oceanic and Atmospheric Administration
research programs with operational activities focused on--
``(A) forecasting to provide early warning and
prediction of near-term and long-term health risks;
``(B) surveillance, monitoring and diagnosis to
recognize emerging threats to public health;
``(C) assessment of risk perception, management
needs, and response actions; and
``(D) developing ocean health products and
services.
``(2) Coordination with other agencies' efforts.--The
Secretary shall consult with other Federal agencies conducting
integrated oceans and human health research, monitoring, and
disease surveillance activities and research in related areas,
including the National Science Foundation, the National
Institutes of Health (including the National Institute of
Environmental Health Sciences), the Centers for Disease Control
and Prevention, the Environmental Protection Agency, and other
agencies and departments and shall coordinate the development
of a strategic implementation plan with defined goals and
benchmarks for the program.
``(3) Administration.--To the extent practical based on
appropriations, the Oceans and Human Health Program may provide
support for--
``(A) centralized program and research
coordination;
``(B) an external advisory panel;
``(C) one or more National Oceanic and Atmospheric
Administration national centers of excellence that may
include diagnostic laboratories to provide processing
of marine organism samples;
``(D) transitioning scientific discoveries from
research activities into applications;
``(E) research grants; and
``(F) distinguished scholars and training.''.
(b) Advisory Panel.--Section 903(b) (33 U.S.C. 3102(b)) is amended
by striking ``sciences.'' and inserting ``sciences, including public
health professionals, veterinarians, and other health professionals.''.
(c) National Centers.--Section 903(c) (33 U.S.C. 3102(c)) is
amended--
(1) in paragraph (1), by striking ``for''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The centers shall focus on areas related to agency
missions and the program scope (as defined in section
902(c)).''.
(d) Extramural Research Grants.--Section 903(d) (33 U.S.C. 3102(d))
is amended by adding at the end the following:
``(3) Grants under this subsection shall support research
and activities within the program scope (as defined in section
902(c)).''.
(e) Training Program.--Section 903(e) (33 U.S.C. 3102(e)) is
amended--
(1) by striking the heading and inserting ``(e) Training
Program--'';
(2) by striking ``program to provide traineeships,
training,'' and inserting ``competitive program to provide
training, exposure,''; and
(3) by striking ``initiative.'' and inserting ``Oceans and
Human Health Program.''.
(f) Distinguished Scholars; Cooperative Agreements; Coordination;
etc.--Section 903 (33 U.S.C. 3102) is amended by adding at the end the
following:
``(f) Distinguished Scholars.--The Secretary of Commerce may
establish a competitive program to recognize highly distinguished
external scientists in any area of oceans and human health research and
to involve those scientists in collaborative work with the NOAA Oceans
and Human Health Program.
``(g) Agreements.--The Secretary of Commerce may execute and
perform such contracts, leases, grants, or cooperative agreements as
may be necessary to carry out this section.
``(h) Coordination.--
``(1) Integrated ocean observing system.--The Secretary
shall ensure that the Oceans and Human Health Program and the
National Integrated Coastal and Ocean Observation System work
together to develop and deploy instruments for sensing and
predicting ocean changes linked to health, develop early
warning systems that detect biological and chemical indicators,
and support the data management and analysis functions to
develop forecasts for ocean conditions that threaten health.
``(2) Harmful algal blooms and hypoxia.--The Secretary
shall ensure that the Oceans and Human Health Program and
Harmful Algal Blooms and Hypoxia Program work together to
coordinate and avoid duplication of activities.
``(3) Other programs.--The Secretary shall ensure that the
Program also coordinates its efforts across the National
Oceanic and Atmospheric Administration to link and support
ocean and human health-related research and programs.
``(i) Report to Congress.--Within 6 months after the date of
enactment of the Oceans and Human Health Reauthorization Act of 2011,
the Secretary shall report to the Congress on how the National Oceanic
and Atmospheric Administration plans to implement the recommendations
of its Science Advisory Board Working Group on Oceans and Health.
``(j) Operational Parameters.--
``(1) In general.--The Secretary of Commerce shall operate
the Oceans and Human Health Program as an interdisciplinary
research, development, and application program spanning the
agency and in partnership with the external scientific and
health communities.
``(2) Resources.--To achieve this vision and maximize
potential for leveraging appropriations, the National Oceanic
and Atmospheric Administration may--
``(A) apply for, accept, use, and spend Federal,
State, and private funds and in-kind contributions as
necessary to further the mission of the program without
regard to section 3302(b) of title 31, United States
Code, and without regard to the source or of the period
of availability of such funds;
``(B) apply for and hold patents either solely or
in partnership with others and receive royalties from
patents or licenses; and
``(C) share personnel and facilities with public
and private partners as well as provide and accept
reimbursement for the sharing of such personnel and
facilities.''.
SEC. 4. PUBLIC INFORMATION AND OUTREACH.
(a) In General.--Section 904(a) (33 U.S.C. 3103(a)) is amended--
(1) by striking ``National Sea Grant program, relevant
National Ocean Service and National Marine Fisheries Service
research programs'' and inserting ``all relevant the National
Oceanic and Atmospheric Administration programs and
institutions of higher education,''; and
(2) by striking ``Initiative'' and inserting ``Program''.
(b) Report.--Section 904(b) (33 U.S.C. 3103(b)) is amended to read
as follows:
``(b) Report.--
``(1) In general.--As part of this program, the Secretary
of Commerce shall submit to Congress a biennial report
describing--
``(A) projects, products, and programs funded under
the Oceans and Human Health Program;
``(B) the work of the Advisory Panel;
``(C) how the Oceans and Human Health Program is
meeting the goals and objectives of its strategic plan;
and
``(D) any recommendations the Secretary may have
for improving or expanding the Oceans and Human Health
Program.
``(2) Combined reports.--The report required by paragraph
(1) may be the same as the National Oceanic and Atmospheric
Administration input for the interagency report required by
section 902(d).''.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 905 (33 U.S.C. 3104) is amended--
(1) by striking ``Initiative,'', ``initiative'', and
``Initiative.'', and inserting ``Program,'', ``Program'', and
``Program.'', respectively;
(2) by striking ``$60,000,000 for fiscal years 2005 through
2008'' and inserting ``$6,000,000 for each of fiscal years 2011
through 2015''; and
(3) by striking ``grant and traineeship'' and inserting
``grant, distinguished scholars, and training''.
SEC. 6. OCEANS DEFINED TO INCLUDE THE GREAT LAKES.
The Act is amended by adding after section 905 (33 U.S.C. 3104) the
following:
``SEC. 906. OCEANS DEFINED.
``In this title, the term `oceans' includes the Great Lakes, and
the coastal areas appertaining thereto.''. | Oceans and Human Health Reauthorization Act of 2011 - Expands the interagency oceans and human health research program established under the Oceans and Human Health Act to: (1) direct the President, through the National Science and Technology Council (NSTC), to deliver information, products, and services to reduce public health risks and enhance health benefits from the ocean; and (2) include within the term "oceans" the Great Lakes and related coastal areas.
Directs the NSTC, through the Director of the Office of Science and Technology Policy, to submit to Congress, within 2 years after enactment of this Act and every 10 years thereafter, an update of the 2007 Interagency Oceans and Human Health Research Implementation Plan that defines the roles of specified federal agencies to avoid duplication of activities.
Adds monitoring, surveillance, forecasting, mitigation, prevention, and outreach goals to federal research priorities. Extends the program's scope to atmospheric and biological sciences, food-borne diseases, corals, shellfish, and marine ecosystem and animal health predictive models.
Authorizes coordination with interagency working groups of the Subcommittee on Ocean Science and Technology, through the NSTC, to monitor and reduce marine public health problems, including climate change. Authorizes development of new technologies for detecting and reducing hazards to human health from ocean sources.
Requires the Secretary of Commerce to establish an Oceans and Human Health Program to coordinate and implement research and activities of the National Oceanic and Atmospheric Administration (NOAA).
Revises the mission and scope of NOAA centers of excellence. | {"src": "billsum_train", "title": "To promote ocean and human health and for other purposes."} | 3,820 | 342 | 0.669499 | 2.015883 | 0.749931 | 3.924658 | 11.496575 | 0.917808 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Commission on Major League
Baseball Act of 1994''.
SEC. 2. ESTABLISHMENT.
There is hereby established the National Commission on Major League
Baseball (hereafter in this Act referred to as the ``Commission'').
SEC. 3. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of
five members, all of whom shall be appointed by the President. The
President shall appoint--
(1) one member after consultation with the Major League
Baseball Players Association;
(2) one member after consultation with the owners of Major
League Baseball; and
(3) three members (after consultations with baseball fan
organizations and the informal solicitation of recommendations
from the general public), one of whom the President shall
designate as Chairman of the Commission.
(b) Term.--Members of the Commission shall be appointed for a six-
year term. No individual may serve as a member for more than one term.
(c) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but the Commission may provide for the taking of
testimony and the reception of evidence at meetings at which there are
present not less than three members of the Commission.
(d) Appointment Date.--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) Public Meetings.--All Commission meetings shall be open to the
public.
(g) Vacancy.--If any member of the Commission is unable to serve a
full term or becomes unqualified to serve in such position, a new
member shall be appointed to serve the remainder of such term of
office, within 45 days of the vacancy, in the same manner in which the
original appointment was made.
SEC. 4. DUTIES OF THE COMMISSION.
The duties of the Commission are to oversee and regulate any aspect
of Major League Baseball, where, in the opinion of the Commission, it
is in the best interests of baseball to intervene, including but not
limited to the--
(1) conduct of binding arbitration in the event of a labor
impasse;
(2) setting of ticket prices;
(3) expansion and relocation of franchises;
(4) financing of any stadium;
(5) regulation of television revenues;
(6) regulation of marketing and merchandising revenues; and
(7) revenue sharing disputes among the owners of Major
League Baseball.
SEC. 5. POWERS OF THE COMMISSION.
(a) Hearings and Meetings.--The Commission or, on authorization of
the Commission, a panel of at least three members 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.
(b) Obtaining Data.--The Commission may secure directly from any
Federal department, agency, or court information and assistance
necessary to enable it to carry out this Act. Upon request of the
Chairman of the Commission, the head of such agency or department shall
furnish such information or assistance to the Commission. In addition,
the Commission may request any relevant information from any
appropriate parties with an interest in Major League Baseball.
(c) Subpoena Power.--
(1) Issuance.--The Commission may issue subpoenas requiring
the attendance and testimony of witnesses and the production of
any evidence that relates to any matter under investigation by
the Commission. The attendance of witnesses and the production
of evidence may be required from any place within a judicial
district at any designated place of hearing within the judicial
district.
(2) Enforcement.--If a person issued a subpoena under
paragraph (1) refuses to obey the subpoena or is guilty of
contumacy, any court of the United States within the judicial
district within which the hearing is conducted or within the
judicial district within which the person is found or resides
or transacts business may (upon application by the Commission)
order the person to appear before the Commission to produce
evidence or to give testimony relating to the matter under
investigation. Any failure to obey the order of the court may
be punished by the court as a contempt of the court.
(3) Manner of service.--A subpoena 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) Place of service.--All process of any court to which
application may be made under this section may be served in the
judicial district in which the person required to be served
resides or may be found.
(d) 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 and services of such agency available to
the Commission to assist the Commission in carrying out its duties
under this Act.
(e) 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 appropriations Acts.
(f) 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.
SEC. 6. COMPENSATION OF THE COMMISSION.
(a) Pay.--Each member of the Commission shall be a full-time
Federal employee and shall be paid at an annual rate of basic pay
payable for level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(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. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) Staff.--
(1) Appointment.--The Chairman of the Commission may
appoint and terminate no more than ten staff personnel to
enable the Commission to perform its duties.
(2) Compensation.--The Chairman of the Commission may fix
the compensation of 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 may not
exceed the rate payable for level V of the Executive Schedule
under section 5316 of such 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. 8. REPORT TO CONGRESS.
No later than three years after the date of the enactment of this
Act, the Commission shall submit a report to the Congress on the need
for continuing the antitrust exemption for Major League Baseball and
the possible effects resulting from the elimination of such exemption.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,500,000 to carry out this
Act.
SEC. 10. EFFECTIVE DATE.
This Act shall take effect on the date of enactment. | National Commission on Major League Baseball Act of 1994 - Establishes the National Commission on Major League Baseball to oversee and regulate specified business aspects of major league baseball. Instructs the Commission to report to the Congress on the need for continuing the antitrust exemption for major league baseball and the possible effects resulting from elimination of such exemption.
Authorizes appropriations. | {"src": "billsum_train", "title": "National Commission on Major League Baseball Act of 1994"} | 1,695 | 76 | 0.560315 | 1.238616 | 0.401995 | 4.953846 | 23.707692 | 0.923077 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neighborhood Reconstruction Corps
Act''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) create incentives for private enterprise to invest in
light infrastructure projects in cities in which such
enterprises do business;
(2) assist community based organizations in assembling and
finding employment for residents of the community in
neighborhood reconstruction corps projects; and
(3) provide training, positive work habits, work skills,
and light construction skills for urban residents.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) In General.--The Secretary of Labor (hereafter referred to in
this section as the ``Secretary''), shall establish a program, to be
known as the Neighborhood Reconstruction Corps Program, under which the
Secretary shall award competitive matching grants to eligible entities
to enable such entities to employ economically disadvantaged adults, as
described in section 202(d)(1)(A) of the Job Training Partnership Act,
or disadvantaged youth, as described in part B of title IV of such Act,
to perform infrastructure repair services in Economically Distressed
Central Cities.
(b) Eligibility and Application.--To be eligible to receive a
matching grant under the program established under subsection (a), an
entity shall--
(1) be a nonprofit community development corporation, or a
private business entity;
(2) serve in an area of high unemployment and poverty
within an Economically Distressed Central City;
(3) prepare and submit to the Secretary an application at
such time, in such manner and containing such information as
the Secretary may require, including--
(A) a description of the activities to be carried
out with amounts received and matched under the grant;
(B) a certification from the State or local
governmental entity with respect to such activities;
(C) assurances, satisfactory to the Secretary, that
non-Federal funds will be provided by the applicant to
carry out activities under the grant;
(D) a description of the organizations to be used
for the management of the project; and
(E) any other information determined appropriate by
the Secretary;
(4) meet any other requirements determined appropriate by
the Secretary.
(c) Use of Amounts.--
(1) In general.--An entity that receives a matching grant
under this section shall use amounts received under such grant
to employ economically disadvantaged adults in projects to
perform light, labor-intensive infrastructure repair.
(2) Requirements.--Projects funded under paragraph (1)
shall--
(A) be for the repair of--
(i) public facilities, including schools,
governmental buildings, and public housing
facilities; or
(ii) publicly owned property not otherwise
covered under clause (i), including roadways,
bridges and sewers;
(B) include--
(i) construction in compliance with the
Americans with Disabilities Act of 1990;
(ii) the removal of graffiti;
(iii) the replacement of sidewalks, curbs,
or roadsides;
(iv) the refurbishing or refinishing of
publicly owned housing or building stock;
(v) the construction of fences bordering
publicly owned abandoned buildings;
(vi) demolition clean up;
(vii) asbestos removal; and
(viii) lead abatement projects;
(C) not cost in excess of a total of more than
$1,000,000;
(D) provide for the contribution of matching funds
in an amount that is equal to 50 percent of the amount
of the grant, but in no case in excess of $250,000;
(E) with respect to projects carried out by private
entities, not be utilized as a condition for any kind
of waiver or exemption for such entities from local
zoning or property tax laws;
(F) employ individuals residing in the community to
be served by the project;
(G) provide such individuals with the necessary
training in a construction trade to enable such
individuals to carry out their duties under the
project;
(H) provide the training required under
subparagraph (G) through a partnership with a local
contractor or a construction trade union; and
(I) meet such other requirements as the Secretary
determines appropriate.
(3) Preference.--In awarding grants under this section, the
Secretary shall give preference to projects that demonstrate
successful efforts to serve non-custodial parents of
nondependent children who are recipients of assistance under
title IV of the Social Security Act, except that such project
must require that such non-custodial parents agree in writing
to have an appropriate portion of their earnings under the
project withheld to meet any child support order.
(d) Peer Review Panel.--The Secretary shall provide for the
establishment of a peer review panel to perform the initial review of
applications for assistance under this section and make recommendations
to the Secretary with respect to such applications. The panel shall
include at least one representative of--
(1) a contractor for public infrastructure construction;
(2) a member of a private industry council under section
102 of the Job Training Partnership Act;
(3) individuals who have been instrumental in developing a
model construction job training program;
(4) employees in community or urban planning at a local or
city government; and
(5) employees of a non-profit or for profit housing
authority.
(e) Amount of Grant.--The amount of a grant awarded under this
section shall not exceed the amount contributed to the project by the
applicant entity. Such contributed amounts shall be non-Federal in
nature and be made available directly or through donations from public
or private entities.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section, $500,000,000 for each of the fiscal
years 1993 through 1997.
(2) Use.--Of the amounts appropriated for each fiscal year
under paragraph (1)--
(A) not to exceed 5 percent of such amount shall be
used for administrative costs; and
(B) the remainder of such amounts shall be used to
award matching grants.
(g) Community Development Corporation.--As used in this section the
term ``community development corporation'' means a private, nonprofit
corporation whose board of directors is comprised of business, civic
and community leaders, and whose principal purpose includes the
provision of low-income housing or community economic development
projects that primarily benefit low-income individuals and communities.
SEC. 4. ECONOMICALLY DISTRESSED CENTRAL CITIES.
(a) Requirements.--To be an Economically Distressed Central City
under section 4, a city shall--
(1) be a metropolitan city (as defined in section 102(a)(4)
of the Housing and Community Development Act of 1974 (42 U.S.C.
5302(a)(4));
(2) be eligible to receive an allocation of funds under
section 106(a)(3) of the Housing and Community Development Act
of 1974 for the most recent fiscal year ending prior to the
date of enactment of this title;
(3) have a population of at least 30,000; and
(4) have a need adjusted per capita income less than 1.25
(as determined under subsection (b)) on the basis of the most
recent data available.
(b) Need Adjusted Per Capita Income.--The Secretary of Housing and
Urban Development shall determine the Need Adjusted Per Capita Income
for each city that meets the requirements of paragraphs (1) and (2) of
subsection (a) under the following formula:
(1) Determination of need index.--
(A) For purposes of this section, the term ``need
index'' means the number equal to the quotient of--
(i) the term ``N'', as determined under
subparagraph (B); divided by
(ii) the term ``P'', as determined under
subparagraph (C).
(B) For purposes of subparagraph (A)(i), the term
``N'' means the percentage constituted by the ratio
of--
(i) the amount of funds allotted to the
city in the fiscal year in which the calendar
year begins under section 106(a)(3) of the
Housing and Community Development Act of 1974;
to
(ii) the sum of the amount of funds
received by all eligible cities in such fiscal
year under section 106(a)(3) of the Housing and
Community Development Act of 1974.
(C) For purposes of subparagraph (A)(ii), the term
``P'' means the percentage constituted by the ratio
of--
(i) the amount equal to the total
population of the city, as determined by the
Secretary using the most recent data that is
available from the Secretary of Commerce
pursuant to the decennial census and pursuant
to reasonable estimates by such Secretary of
changes occurring in the data in the ensuing
period, to
(ii) the amount equal to the total
population of all eligible cities in the
current fiscal year.
(D) For purposes of this paragraph, the term
``eligible cities'' means those cities which meet the
requirements of paragraph (1) and (2) of subsection
(a).
(2) Determination of need adjusted per capita income
factor.--
(A) For purposes of this section (and subject to
subparagraph (D)), the term ``need adjusted per capita
income factor'' means the amount equal to the
percentage determined for the city in accordance with
the following formula:
I
1-.15 <3-ln (> ------- <3-ln )>
Q
(B) For purposes of subparagraph (A), the term
``I'' means the per capita income of the city for the
most recent year for which data is available, as
determined by the Secretary of Commerce.
(C) For purposes of subparagraph (A), the term
``Q'' means the product of--
(i) the need index of such city, as
determined under paragraph (1); and
(ii) the amount equal to the per capita
income of the United States for the most recent
year for which data is available, as determined
by the Secretary of Commerce.
(D) In the case of a city for which the quotient of
the term ``I'' (as determined under subparagraph (B))
divided by the term ``Q'' (as determined under
subparagraph (C)) is less than 0.2, then such quotient
shall be deemed to be equal to 0.2 for such city for
purposes of the formula under subparagraph (A). | Neighborhood Reconstruction Corps Act - Directs the Secretary of Labor to establish the Neighborhood Reconstruction Corps program to award competitive matching grants to eligible entities to employ economically disadvantaged adults or youth to perform infrastructure repair services in economically distressed central cities.
Requires peer review panels to review applications and make recommendations to the Secretary.
Authorizes appropriations. | {"src": "billsum_train", "title": "Neighborhood Reconstruction Corps Act"} | 2,271 | 73 | 0.577211 | 1.315482 | 0.897132 | 3.66129 | 34.951613 | 0.919355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Access to Congressionally Mandated
Reports Act''.
SEC. 2. ESTABLISHMENT OF WEBSITE FOR CONGRESSIONALLY MANDATED REPORTS.
(a) Requirement To Establish Website.--Not later than one year
after the date of the enactment of this Act, the Public Printer shall
establish and maintain a website accessible by the public that allows
the public to obtain electronic copies of all congressionally mandated
reports in one place. The Public Printer may publish other reports on
such website.
(b) Content and Function.--The Public Printer shall ensure that the
website required under subsection (a) includes the following:
(1) With respect to each congressionally mandated report,
each of the following:
(A) A citation to the statute or conference report
requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) Subject tags.
(vi) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(vii) The statute or conference report
requiring the report.
(viii) Key words.
(ix) Full text search.
(x) Any other relevant information
specified by the Public Printer.
(D) The time and date when the report was required
to be submitted, and when the report was submitted, to
the website.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally
mandated reports or a selection of reports retrieved using a
search.
(3) A means for the head of each Federal agency to publish
on the website each congressionally mandated report of the
agency, as required by section 3.
(4) A list form for all congressionally mandated reports
that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Free Access.--The Public Printer may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the website required under subsection (a).
(d) Upgrade Capability.--The website required under subsection (a)
shall be enhanced and updated as necessary to carry out the purposes of
this Act.
SEC. 3. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--The head of each
Federal agency shall publish congressionally mandated reports of the
agency on the website required under section 2(a)--
(1) in an open format that is platform independent, machine
readable, and available to the public without restrictions
(except the redaction of information described under section
5), including restrictions that would impede the re-use of the
information in the reports; and
(2) in accordance with the guidance issued under subsection
(c).
(b) Submission of Additional Information.--The head of each Federal
agency shall submit to the Public Printer the information required
under subparagraphs (A) through (D) of section 2(b)(1) with respect to
each congressionally mandated report published pursuant to subsection
(a).
(c) Guidance.--Not later than eight months after the date of the
enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Public Printer, shall issue guidance
to agencies on the implementation of this Act.
SEC. 4. RELATIONSHIP TO REQUIREMENTS TO SUBMIT REPORTS TO CONGRESS.
(a) Compliance With Statutory Requirement To Submit Reports.--
Notwithstanding any other provision of law, a Federal agency is deemed
to have complied with a statutory requirement to submit a report to
Congress if the agency completes each of the following, with respect to
such report:
(1) Publishes a complete and unredacted copy on the website
required under section 2(a).
(2) Notifies the Clerk of the House of Representatives, the
Secretary of the Senate, and each congressional committee to
which a report must be submitted of the report's availability
on the website.
(b) Removing and Altering Reports.--A report submitted to be
published to the website required under section 2(a) may only be
changed or removed, with the exception of technical changes, by the
Federal agency with the express, written consent of each congressional
committee to which the report must be submitted.
SEC. 5. RELATIONSHIP TO FREEDOM OF INFORMATION ACT.
Nothing in this Act shall be construed to require the disclosure of
information or records that are exempt from public disclosure under
section 552 of title 5, United States Code. If any information in a
congressionally mandated report may not be publicly released under
section 552(b) of title 5, United States Code, the Federal agency
concerned shall redact from the report submitted to be published on the
website established under section 2 only such information, shall
indicate where such redactions were made in the report, and shall
identify the exemption under which each such redaction is made.
SEC. 6. DEFINITIONS.
In this Act:
(1) Congressionally mandated report.--The term
``congressionally mandated report'' means a report that is
required to be submitted to either House of Congress or any
committee of Congress by statute or by a conference report that
accompanies legislation enacted into law.
(2) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
SEC. 7. IMPLEMENTATION.
Except as provided in section 3(c), this Act shall be implemented
not later than one year after the date of the enactment of this Act and
shall apply with respect to congressionally mandated reports submitted
to Congress on or after the date occurring one year after such date of
enactment. | Access to Congressionally Mandated Reports Act - Requires the Public Printer to establish and maintain a website accessible by the public for obtaining electronic copies of all congressionally mandated reports in one place.
Requires each federal agency to provide the Public Printer with an electronic copy of congressionally mandated reports for publication on the website. | {"src": "billsum_train", "title": "A bill to require the Public Printer to establish and maintain a website accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes."} | 1,453 | 75 | 0.651899 | 1.55112 | 1.063402 | 3.965517 | 23.189655 | 0.931034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Providing Gas Price Relief Through
Public Transportation Act of 2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2008, during a year of record-high gas prices,
people in the United States took more than 10,500,000,000 trips
using public transportation, the highest level in 50 years.
(2) Public transportation use in the United States is up 31
percent since 1995, a figure that is more than double the
growth rate of the Nation's population and is substantially
greater than the growth rate for vehicle miles traveled on the
Nation's highways for that same period.
(3) High gas prices in 2011 are expected to drive the
demand for transit services even higher, with some estimates
showing that $5-per-gallon gas could result in a nearly 15
percent jump in transit ridership.
(4) Based on the price of gas in March 2011, riding public
transportation saves households an average of $825 per month,
or nearly $10,000 per year.
(5) Despite increasing demand for transit services,
widespread cuts in State and local funding have caused 59
percent of public transit systems in the United States to raise
fares or cut service since January 2009.
(6) Although under existing laws Federal employees in the
National Capital Region receive transit benefits, transit
benefits should be available to all Federal employees in the
United States so that the Federal Government sets a leading
example of greater public transportation use.
(7) Public transportation stakeholders should engage and
involve local communities in the education and promotion of the
importance of utilizing public transportation.
(8) Increasing public transportation use is a national
priority.
SEC. 3. GRANTS TO IMPROVE PUBLIC TRANSPORTATION SERVICES.
(a) Authorizations of Appropriations.--
(1) Urbanized area formula grants.--In addition to amounts
allocated under section 5338(b)(2)(B) of title 49, United
States Code, to carry out section 5307 of such title, there is
authorized to be appropriated $750,000,000 for each of fiscal
years 2011 and 2012 to carry out such section. Such funds shall
be apportioned not later than 7 days after the date on which
the funds are appropriated, in accordance with section 5336
(other than subsections (i)(1) and (j)) of such section but may
not be combined or commingled with any other funds apportioned
under such section 5336.
(2) Formula grants for other than urbanized areas.--In
addition to amounts allocated under section 5338(b)(2)(G) of
title 49, United States Code, to carry out section 5311 of such
title, there is authorized to be appropriated $100,000,000 for
each of fiscal years 2011 and 2012 to carry out such section
5311. Such funds shall be apportioned not later than 7 days
after the date on which the funds are appropriated, in
accordance with such section 5311 but may not be combined or
commingled with any other funds apportioned under such section
5311.
(b) Use of Funds.--Notwithstanding sections 5307 and 5311 of title
49, United States Code, the Secretary of Transportation may make grants
under such sections from amounts appropriated under subsection (a) only
for one or more of the following:
(1) If the recipient of the grant is reducing, or certifies
to the Secretary within the time the Secretary prescribes that,
during the term of the grant, the recipient will reduce one or
more fares the recipient charges for public transportation, or
in the case of subsection (f) of such section 5311, intercity
bus service, those operating costs of equipment and facilities
being used to provide the public transportation, or in the case
of subsection (f) of such section 5311, intercity bus service,
that the recipient is no longer able to pay from the revenues
derived from such fare or fares as a result of such reduction.
(2) To avoid increases in fares for public transportation,
or in the case of subsection (f) of such section 5311,
intercity bus service, or decreases in current public
transportation service, or in the case of subsection (f) of
such section 5311, intercity bus service, that would otherwise
result from an increase in costs to the public transportation
or intercity bus agency for transportation-related fuel or
meeting additional transportation-related equipment or facility
maintenance needs, if the recipient of the grant certifies to
the Secretary within the time the Secretary prescribes that,
during the term of the grant, the recipient will not increase
the fares that the recipient charges for public transportation,
or in the case of subsection (f) of such section 5311,
intercity bus service, or, will not decrease the public
transportation service, or in the case of subsection (f) of
such section 5311, intercity bus service, that the recipient
provides.
(3) If the recipient of the grant is expanding, or
certifies to the Secretary within the time the Secretary
prescribes that, during the term of the grant, the recipient
will expand public transportation service, or in the case of
subsection (f) of such section 5311, intercity bus service,
those operating and capital costs of equipment and facilities
being used to provide the public transportation service, or in
the case of subsection (f) of such section 5311, intercity bus
service, that the recipient incurs as a result of the expansion
of such service.
(4) If the recipient of the grant is acquiring, or
certifies to the Secretary within the time the Secretary
prescribes that, during the term of the grant, the recipient
will acquire, clean fuel or alternative fuel vehicle-related
equipment or facilities for the purpose of improving fuel
efficiency, the costs of acquiring the equipment or facilities.
(5) If the recipient of the grant is establishing or
expanding, or certifies to the Secretary within the time the
Secretary prescribes that, during the term of the grant, the
recipient will establish or expand commuter matching services
to provide commuters with information and assistance about
alternatives to single occupancy vehicle use, those
administrative costs in establishing or expanding such
services.
(c) Federal Share.--Notwithstanding any other provision of law, the
Federal share of the costs for which a grant is made under this section
shall be 100 percent.
(d) Period of Availability.--Funds appropriated under this section
shall remain available for a period of 2 fiscal years.
SEC. 4. INCREASED FEDERAL SHARE FOR CLEAN AIR ACT COMPLIANCE.
Notwithstanding section 5323(i)(1) of title 49, United States Code,
a grant for a project to be assisted under chapter 53 of such title
during fiscal years 2011 and 2012 that involves acquiring clean fuel or
alternative fuel vehicle-related equipment or facilities for the
purposes of complying with or maintaining compliance with the Clean Air
Act (42 U.S.C. 7401 et seq.) shall be for 100 percent of the net
project cost of the equipment or facility attributable to compliance
with that Act unless the grant recipient requests a lower grant
percentage.
SEC. 5. TRANSPORTATION FRINGE BENEFITS.
(a) In General.--Requirement that agencies offer transit pass
transportation fringe benefits to their employees nationwide.--
(1) In general.--Section 3049(a)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (5 U.S.C. 7905 note; 119 Stat. 1711) is
amended--
(A) by striking ``Effective'' and all that follows
through ``each covered agency'' and inserting ``Each
agency''; and
(B) by inserting ``at a location in an urbanized
area of the United States that is served by fixed route
public transportation'' before ``shall be offered''.
(2) Conforming amendments.--Section 3049(a) of such Act (5
U.S.C. 7905 note; 119 Stat. 1711) is amended--
(A) in paragraph (3)--
(i) by striking subparagraph (A); and
(ii) by redesignating subparagraphs (B)
through (F) as subparagraphs (A) through (E),
respectively; and
(B) in paragraph (4) by striking ``a covered
agency'' and inserting ``an agency''.
(b) Benefits Described.--Section 3049(a)(2) of such Act (5 U.S.C.
7905 note; 119 Stat. 1711) is amended by striking the period at the end
and inserting the following: ``, except that the maximum level of such
benefits shall be the maximum amount which may be excluded from gross
income for qualified parking as in effect for a month under section
132(f)(2)(B) of the Internal Revenue Code of 1986.''.
(c) Guidance.--Section 3049(a) of such Act (5 U.S.C. 7905 note; 119
Stat. 1711) is amended by adding at the end the following:
``(5) Guidance.--
``(A) Issuance.--Not later than 60 days after the
date of enactment of this paragraph, the Secretary of
Transportation shall issue guidance on nationwide
implementation of the transit pass transportation
fringe benefits program under this subsection.
``(B) Uniform application.--
``(i) In general.--The guidance to be
issued under subparagraph (A) shall contain a
uniform application for use by all Federal
employees applying for benefits from an agency
under the program.
``(ii) Required information.--As part of
such an application, an employee shall provide,
at a minimum, the employee's home and work
addresses, a breakdown of the employee's
commuting costs, and a certification of the
employee's eligibility for benefits under the
program.
``(iii) Warning against false statements.--
Such an application shall contain a warning
against making false statements in the
application.
``(C) Independent verification requirements.--The
guidance to be issued under subparagraph (A) shall
contain independent verification requirements to ensure
that, with respect to an employee of an agency--
``(i) the eligibility of the employee for
benefits under the program is verified by an
official of the agency;
``(ii) employee commuting costs are
verified by an official of the agency; and
``(iii) records of the agency are checked
to ensure that the employee is not receiving
parking benefits from the agency.
``(D) Program implementation requirements.--The
guidance to be issued under subparagraph (A) shall
contain program implementation requirements applicable
to each agency to ensure that--
``(i) benefits provided by the agency under
the program are adjusted in cases of employee
travel, leave, or change of address;
``(ii) removal from the program is included
in the procedures of the agency relating to an
employee separating from employment with the
agency; and
``(iii) benefits provided by the agency
under the program are made available using an
electronic format (rather than using paper fare
media) where such a format is available for
use.
``(E) Enforcement and penalties.--The guidance to
be issued under subparagraph (A) shall contain a
uniform administrative policy on enforcement and
penalties. Such policy shall be implemented by each
agency to ensure compliance with program requirements,
to prevent fraud and abuse, and, as appropriate, to
penalize employees who have abused or misused the
benefits provided under the program.
``(F) Periodic reviews.--The guidance to be issued
under subparagraph (A) shall require each agency, not
later than September 1 of the first fiscal year
beginning after the date of enactment of this
paragraph, and every 3 years thereafter, to develop and
submit to the Secretary a review of the agency's
implementation of the program. Each such review shall
contain, at a minimum, the following:
``(i) An assessment of the agency's
implementation of the guidance, including a
summary of the audits and investigations, if
any, of the program conducted by the Inspector
General of the agency.
``(ii) Information on the total number of
employees of the agency that are participating
in the program.
``(iii) Information on the total number of
single occupancy vehicles removed from the
roadway network as a result of participation by
employees of the agency in the program.
``(iv) Information on energy savings and
emissions reductions, including reductions in
greenhouse gas emissions, resulting from
reductions in single occupancy vehicle use by
employees of the agency that are participating
in the program.
``(v) Information on reduced congestion and
improved air quality resulting from reductions
in single occupancy vehicle use by employees of
the agency that are participating in the
program.
``(vi) Recommendations to increase program
participation and thereby reduce single
occupancy vehicle use by Federal employees
nationwide.
``(6) Reporting requirements.--Not later than September 30
of the first fiscal year beginning after the date of enactment
of this paragraph, and every 3 years thereafter, the Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Oversight and Government
Reform of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report on
nationwide implementation of the transit pass transportation
fringe benefits program under this subsection, including a
summary of the information submitted by agencies pursuant to
paragraph (5)(F).''.
(d) Effective Date.--Except as otherwise specifically provided, the
amendments made by this section shall become effective on the first day
of the first fiscal year beginning after the date of enactment of this
Act.
SEC. 6. CAPITAL COST OF CONTRACTING VANPOOL PILOT PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish
and implement a pilot program to carry out vanpool demonstration
projects in not more than 3 urbanized areas and not more than 2 other
than urbanized areas.
(b) Pilot Program.--
(1) In general.--Notwithstanding section 5323(i) of title
49, United States Code, for each project selected for
participation in the pilot program, the Secretary shall allow
the non-Federal share provided by a recipient of assistance for
a capital project under chapter 53 of such title to include the
amounts described in paragraph (2).
(2) Conditions on acquisition of vans.--The amounts
referred to in paragraph (1) are any amounts expended by a
private provider of public transportation by vanpool for the
acquisition of vans to be used by such private provider in the
recipient's service area, excluding any amounts the provider
may have received in Federal, State, or local government
assistance for such acquisition, if the private provider enters
into a legally binding agreement with the recipient that
requires the private provider to use all revenues it receives
in providing public transportation in such service area, in
excess of its operating costs, for the purpose of acquiring
vans to be used by the private provider in such service area.
(c) Program Term.--The Secretary may approve an application for a
vanpool demonstration project for fiscal years 2011 through 2012.
(d) Report to Congress.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate a
report containing an assessment of the costs, benefits, and
efficiencies of the vanpool demonstration projects. | Providing Gas Price Relief Through Public Transportation Act of 2011 - Authorizes additional FY2011-FY2012 appropriations for formula grants to both urbanized and nonurbanized areas for the operating and capital costs of public transportation (including intercity bus service) equipment and facilities, but only if grant recipients: (1) reduce or do not increase fares, (2) do not reduce service, (3) expand service, (4) acquire clean fuel or alternative fuel vehicle-related equipment or facilities, or (5) establish or expand commuter matching services.
Requires a 100% federal share of a grant project involving acquisition of clean fuel or alternative fuel vehicle-related equipment or facilities to comply with the Clean Air Act.
Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to direct the Secretary of Transportation (DOT) to issue guidance on nationwide implementation of the transit pass transportation fringe benefits program for federal employees.
Directs the Secretary to establish a pilot program to carry out vanpool demonstration projects. | {"src": "billsum_train", "title": "To promote increased public transportation use, to promote increased use of alternative fuels in providing public transportation, and for other purposes."} | 3,372 | 223 | 0.442737 | 1.287377 | 0.79116 | 3.577114 | 15.621891 | 0.910448 |
SECTION 1. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED
ABROAD.
Subject to section 2(a), credit under chapter 84 of title 5, United
States Code, shall be allowed for any service performed by an
individual if or to the extent that--
(1) it was performed by such individual--
(A) after December 31, 1988, and before May 24,
1998;
(B) at a United States diplomatic mission, consular
mission (other than a consular agency), or other
Foreign Service post abroad; and
(C) under a temporary appointment pursuant to
sections 309 and 311 of the Foreign Service Act of 1980
(22 U.S.C. 3949 and 3951);
(2) at the time of performing such service, such individual
would have satisfied all eligibility requirements under
regulations of the Department of State (as in effect on the
date of the enactment of this Act) for a family member limited
noncareer appointment (within the meaning of such regulations,
as in effect on such date of enactment), except that, in
applying this paragraph, an individual not employed by the
Department of State while performing such service shall be
treated as if then so employed;
(3) such service would have been creditable under section
8411(b)(3) of such title 5 if--
(A) it had been performed before January 1, 1989;
and
(B) the deposit requirements of section 8411(f) of
such title 5 had been met with respect to such service;
(4) such service would not otherwise be creditable under
the Federal Employees' Retirement System or any other
retirement system for employees of the United States Government
(disregarding title II of the Social Security Act); and
(5) the total amount of service performed by such
individual (satisfying paragraphs (1) through (4)) is not less
than 90 days.
SEC. 2. REQUIREMENTS.
(a) Requirements of the Individual.--In order to receive credit
under chapter 84 of title 5, United States Code, for any service
described in section 1, the individual who performed such service (or,
if deceased, any person who is or would be eligible for a survivor
annuity under the Federal Employees' Retirement System based on the
service of such individual)--
(1) shall file a written application with the Office of
Personnel Management no later than 36 months after the
effective date of the regulations prescribed to carry out this
Act (as specified in those regulations); and
(2) shall remit to the Office (for deposit in the Treasury
of the United States to the credit of the Civil Service
Retirement and Disability Fund) the total amount that, under
section 8422 of such title 5, should have been deducted from
the basic pay of such individual for such service if such
service had then been creditable under such chapter 84.
(b) Government Contributions.--
(1) In general.--In addition to any other payment that it
is required to make under chapter 84 of title 5, United States
Code, a department, agency, or other instrumentality of the
United States shall remit to the Office of Personnel Management
(for deposit in the Treasury of the United States to the credit
of the Fund) the amount described in paragraph (2).
(2) Amount described.--The amount described in this
paragraph is, with respect to a remittance under subsection
(a), the total amount of Government contributions that would,
under section 8423 of title 5, United States Code, have been
required of the instrumentality involved (to the extent that it
was the employing entity during the period of service to which
such remittance relates) in connection with such service.
(3) Special rule.--If an amount cannot be remitted under
this subsection because an instrumentality has ceased to exist,
such amount shall instead be treated as part of the
supplemental liability referred to in section 8423(b)(1) (A) or
(B) of title 5, United States Code (whichever would be
appropriate).
(c) Related Requirements.--Any remittance under subsection (a) or
(b)--
(1) shall be made in such time, form, and manner as the
Office of Personnel Management may by regulation require; and
(2) shall be computed with interest (in accordance with
section 8334(e) of title 5, United States Code, and such
requirements as the Office may by regulation prescribe).
(d) Notification and Assistance Requirements.--
(1) In general.--The Office of Personnel Management shall
take such action as may be necessary and appropriate to inform
individuals entitled to have any service credited under this
Act, or to have any annuity computed or recomputed under this
Act, of their entitlement to such credit, computation, or
recomputation.
(2) Assistance to individuals.--The Office shall, on
request, assist any individual referred to in paragraph (1) in
obtaining from any department, agency, or other instrumentality
of the United States such information in the possession of such
instrumentality as may be necessary to verify the entitlement
of such individual to have any service credited, or to have any
annuity computed or recomputed, pursuant to this Act.
(3) Assistance from instrumentalities.--Any department,
agency, or other instrumentality of the United States which
possesses any information with respect to any service described
in section 1 shall, at the request of the Office, furnish such
information to the Office.
SEC. 3. DEFINITIONS.
For purposes of this Act--
(1) the term ``Civil Service Retirement and Disability
Fund'' or ``Fund'' means the Civil Service Retirement and
Disability Fund under section 8348 of title 5, United States
Code;
(2) the term ``abroad'' has the meaning given such term
under section 102 of the Foreign Service Act of 1980 (22 U.S.C.
3902);
(3) the term ``temporary appointment'' means an appointment
that is limited by its terms to a period of one year or less;
and
(4) the term ``basic pay'' has the meaning given such term
under section 8401 of title 5, United States Code.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be considered to permit or require the
making of any contributions to the Thrift Savings Fund that would not
otherwise have been permitted or required had this Act not been
enacted.
SEC. 5. APPLICABILITY.
(a) Annuities Commencing On or After Effective Date of Implementing
Regulations.--An annuity or survivor annuity--
(1) which is based on the service of an individual who
performed service described in section 1, and
(2) which commences on or after the effective date of the
regulations prescribed to carry out this Act (as determined
under section 2(a)(1)),
shall (subject to section 2(a)) be computed taking into account all
service described in section 1 that was performed by such individual.
(b) Annuities With Commencement Date Preceding Effective Date of
Implementing Regulations.--
(1) Recomputation cases.--An annuity or survivor annuity--
(A) which is based on the service of an individual
who performed service described in section 1, and
(B) which commences before the effective date
referred to in subsection (a)(2),
shall (subject to section 2(a)) be recomputed taking into
account all service described in section 1 that was performed
by such individual.
(2) Other cases.--An annuity or survivor annuity--
(A) which is based on the service of an individual
who performed service described in section 1,
(B) the requirements for entitlement to which could
not be met without taking into account service
described in section 1, and
(C) which (if service described in section 1 had
been taken into account, and an appropriate application
been submitted) would have commenced before the
effective date referred to in subsection (a)(2),
shall (subject to section 2(a)) be computed taking into account
all service described in section 1 that was performed by such
individual.
(3) Retroactive effect.--Any computation or recomputation
of an annuity or survivor annuity pursuant to this subsection
shall--
(A) if pursuant to paragraph (1), be effective as
of the commencement date of the annuity or survivor
annuity involved; and
(B) if pursuant to paragraph (2), be effective as
of the commencement date that would have applied if
application for the annuity or survivor annuity
involved had been submitted on the earliest date
possible in order for it to have been approved.
(4) Lump-sum payment.--Any amounts which by virtue of
paragraph (3) are payable for any months preceding the first
month (on or after the effective date referred to in subsection
(a)(2)) as of which annuity or survivor annuity payments become
payable fully reflecting the computation or recomputation under
paragraph (1) or (2) (as the case may be) shall be payable in
the form of a lump-sum payment.
(5) Order of precedence.--Section 8424(d) of title 5,
United States Code, shall apply in the case of any payment
under paragraph (4) payable to an individual who has died.
SEC. 6. IMPLEMENTATION.
The Office of Personnel Management, in consultation with the
Secretary of State, shall prescribe such regulations and take such
action as may be necessary and appropriate to implement this Act. | Allows credit under the Federal Employees' Retirement System for temporary Government service which was performed abroad after December 31, 1988 and before May 24, 1998, at a U.S. diplomatic mission, consular mission, or other Foreign Service post.Directs the Office of Personnel Management to inform individuals entitled to have any service credited under this Act or to have any annuity computed or recomputed under this Act.Sets forth requirements for the computation or recomputation of annuities or survivor annuities as necessitated by this Act. | {"src": "billsum_train", "title": "A bill to allow credit under the Federal Employees' Retirement System for certain Government service which has performed abroad after December 31, 1988, and before May 24, 1998."} | 2,075 | 123 | 0.508401 | 1.498149 | 0.61996 | 4.247312 | 20.666667 | 0.935484 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Medicare Payment Act of
2002''.
SEC. 2. TRANSFER OF PAYMENT FOR MEDICARE-ELIGIBLE VETERANS WHO RECEIVE
OUTPATIENT SERVICES FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Medicare Program.--Part B of title XVIII of the Social Security
Act (42 U.S.C. 1395j) is amended by inserting after section 1841 the
following new section:
``transfer of payment for medicare-eligible veterans who receive
outpatient care from the department of veterans affairs
``Sec. 1841A. (a) Payment to Secretary of Veterans Affairs.--
``(1) In general.--If a medicare-eligible veteran receives
outpatient care from the Department of Veterans Affairs during
a year (beginning with 2003) that the veteran is otherwise
eligible to receive under chapter 17 of title 38, United States
Code, the Secretary shall transfer to the Secretary of Veterans
Affairs for that veteran for that year an aggregate amount
equal to 12 times the monthly premium rate applicable to an
individual enrolled under this part for that year, as
determined by the Secretary under section 1839(a)(3).
``(2) Periodic payments.--Payments under this subsection
shall be made from the Federal Supplementary Medical Insurance
Trust Fund established in section 1841 on a periodic basis upon
receipt of a certification from the Secretary of Veterans
Affairs that a medicare-eligible veteran was provided such
outpatient care during the year involved in a facility of the
Department of Veterans Affairs.
``(3) Documentation of care provided.--The Secretary and
the Secretary of Veterans Affairs shall establish a mechanism
under which the Secretary may verify that a medicare-eligible
veteran received outpatient care from the Department of
Veterans Affairs.
``(b) Effect on Enrollment Under This Part.--The receipt of
outpatient care from the Department of Veterans Affairs during a year
by a medicare-eligible veteran shall not affect--
``(1) the enrollment of the veteran under this part; and
``(2) the ability of the veteran to receive items and
services from participating physicians, health care
practitioners, providers of services, and suppliers under this
part and to have payment made for such services under this part
during the year.
``(c) Effect on Calculation of Part B Premiums.--In determining a
monthly actuarial rate for enrollees under section 1839 for determining
the amounts of premiums charged to such enrollees for months in a year,
the Secretary shall not, for months in the year involved, take into
account payments transferred to the Secretary of Veterans Affairs under
subsection (a), or the costs incurred by the Secretary of Veterans
Affairs in furnishing care to the medicare-eligible veteran.
``(d) Payment of Premiums.--The receipt of outpatient care from the
Department of Veterans Affairs during a year by a medicare-eligible
veteran shall not result in a reduction in the amount of premium
otherwise collected from the veteran under section 1840(a)(1).
``(e) Waiver of Certain Conditions of Participation.--The
prohibition of payments to Federal providers of services under sections
1814(c) and 1835(d), and paragraphs (2) and (3) of section 1862(a)
shall not apply to payments made under subsection (a). The Secretary
shall waive such provisions of this title that the Secretary of
Veterans Affairs demonstrates to the satisfaction of the Secretary
should not apply to the provision of health care services furnished by
the Department of Veterans Affairs.
``(f) Definitions.--In this section:
``(1) Veteran.--The term `veteran' has the meaning given
that term in section 101(2) of title 38, United States Code.
``(2) Medicare-eligible.--The term `medicare-eligible'
means, with respect to a veteran, an individual who is enrolled
under this part.
``(3) Outpatient care.--The term `outpatient care' means
those items and services for which payment may be made under
this part.''.
(b) Conforming Amendment.--Section 1857(e) of such Act (42 U.S.C.
1395w-27(e)) is amended by adding at the end the following new
paragraph:
``(3) Reimbursement for certain care provided by the
department of veterans affairs.--With respect to contract years
beginning after 2003, the right of the United States under
section 1729 of title 38, United States Code, to recover or
collect charges for health care items or services from a third
party, with respect to which payment may be made under part B,
shall apply to Medicare+Choice organizations offering a
Medicare+Choice plan in which a veteran is enrolled.''. | Veterans Medicare Payment Act of 2002 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for a transfer of payment to the Department of Veterans Affairs for outpatient care furnished to Medicare-eligible veterans by the Department."} | 1,082 | 68 | 0.618243 | 1.341606 | 0.528934 | 2.461538 | 17.865385 | 0.961538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Abducted Young Adults Act''.
SEC. 2. FINDINGS IN REGARD TO VULNERABLE INVOLUNTARILY MISSING YOUNG
ADULTS.
(a) Conforming Amendments.--Section 402 of the Missing Children's
Assistance Act (42 U.S.C. 5771) is amended--
(1) in paragraph (2), by inserting after ``these children''
the following: ``and involuntarily missing young adults'';
(2) in paragraph (3), by inserting after ``these children''
the following: ``and involuntarily missing young adults'';
(3) in paragraph (4), by inserting after ``many missing
children'' the following: ``and involuntarily missing young
adults'';
(4) in paragraph (6), by inserting after ``abducted
children'' the following: ``and involuntarily missing young
adults''; and
(5) in paragraph (7)--
(A) by inserting after ``leads in missing
children'' the following: ``and involuntarily missing
young adults''; and
(B) by inserting after ``where the child'' the
following: ``or involuntarily missing young adult''.
(b) Additional Findings.--Section 402 of the Missing Children's
Assistance Act (42 U.S.C. 5771) is amended by--
(1) redesignating paragraphs (2) through (21) as paragraphs
(3) through (22), respectively; and
(2) inserting after paragraph (1) the following:
``(2) each year many young adults are abducted or are
involuntarily missing under circumstances which immediately
place them in grave danger;''.
SEC. 3. EXPANSION OF PURPOSE OF NATIONAL CENTER FOR MISSING AND
EXPLOITED CHILDREN.
Section 403 of the Missing Children's Assistance Act (42 U.S.C.
5772) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(2) by adding after paragraph (1) the following:
``(2) the term `involuntarily missing young adult' means
any individual who is at least 18 but has not attained the age
of 22 whose whereabouts are unknown to such individual's parent
or guardian if law enforcement determines--
``(A) there is a reasonable indication or suspicion
that the individual has been abducted or is missing
under circumstances suggesting foul play or a threat to
life; or
``(B) the individual is known to be suicidal or has
a severe medical condition that poses a threat to his
or her life;
``(3) the term `young adult' means any individual who is at
least 18 but has not attained the age of 22;''.
SEC. 4. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR IN REGARD TO
INVOLUNTARILY MISSING YOUNG ADULTS.
Section 404 of the Missing Children's Assistance Act (42 U.S.C.
5773) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting after ``missing
children'' the following: ``and involuntarily missing
young adults'';
(B) in paragraph (5)(A), by inserting after
``missing children'' the following: ``and involuntarily
missing young adults'';
(C) in paragraph (5)(B), by inserting after
``missing children'' the following: ``and involuntarily
missing young adults'';
(D) in paragraph (5)(C), by--
(i) inserting after ``missing children''
the following: ``or involuntarily missing young
adults''; and
(ii) inserting after ``or to children'' the
following: ``or involuntarily missing young
adults''; and
(E) in paragraph (5)(I)(iv), by inserting after
``missing children'' the following: ``and involuntarily
missing young adults'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i), by--
(i) inserting after ``regarding the
location of any'' the following:
``involuntarily missing young adult or''; and
(ii) inserting after ``reunite such child
with such child's legal custodian'' the
following: ``, or request information
pertaining to procedures necessary to notify
law enforcement about such involuntarily
missing young adult'';
(B) in subparagraph (C)(i), by inserting after
``children and their families'' the following: ``and
involuntarily missing young adults and their
families'';
(C) by redesignating subparagraphs (E), (F), and
(G) as subparagraphs (F), (G), and (H), respectively;
(D) by inserting after subparagraph (D) the
following:
``(E) to coordinate public and private programs
which locate or recover involuntarily missing young
adults;'';
(E) in subparagraph (F), as redesignated, by
inserting after ``missing and exploited children'' the
following: ``and involuntarily missing young adults;'';
(F) in subparagraph (G), as redesignated by
inserting after ``missing and exploited children'' the
following: ``and involuntarily missing young adults'';
and
(G) in subparagraph (H), as redesignated, by
inserting after ``missing and exploited children'' the
following: ``and involuntarily missing young adults,'';
and
(3) in subsection (c)--
(A) paragraph (1), by inserting after ``number of
children'' each place it appears (except after ``who
are victims of parental kidnapings'') the following:
``and involuntarily missing young adults''; and
(B) in paragraph (2), by inserting after ``missing
children'' the following: ``and involuntarily missing
young adults''.
SEC. 5. AUTHORITY OF ADMINISTRATOR TO MAKE GRANTS AND ENTER IN
CONTRACTS RELATING TO INVOLUNTARILY MISSING YOUNG ADULTS.
Section 405 of the Missing Children's Assistance Act (42 U.S.C.
5775) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``children,'' the
first place it appears the following: ``young
adults,'';
(ii) by inserting after ``children'' the
second place it appears the following: ``or
involuntarily missing young adults'';
(B) in paragraph (2), by inserting after
``children'' the following: ``or involuntarily missing
young adults'';
(C) in paragraph (3), by inserting after
``children'' the following: ``or involuntarily missing
young adults'';
(D) in paragraph (4)--
(i) in the matter before subparagraph (A),
by inserting after ``children'' the following:
``or involuntarily missing young adults'';
(ii) in subparagraph (A), by inserting
after ``child'' each place it appears the
following: ``or involuntarily missing young
adult''; and
(iii) in subparagraph (B), by inserting
after ``child'' the following: ``or
involuntarily missing young adult'';
(E) in paragraph (5), by inserting after ``missing
children's'' the following: ``or involuntarily missing
young adults' '';
(F) in paragraph (6), by inserting after
``children'' each place it appears the following: ``or
involuntarily missing young adults'';
(G) in paragraph (7), by inserting after
``children'' each place it appears the following: ``or
involuntarily missing young adults''; and
(H) in paragraph (9), by inserting after
``children'' the following: ``or involuntarily missing
young adults''; and
(2) in subsection (b)(1)--
(A) in subparagraph (A), by inserting after
``children'' the first place it appears the following:
``or involuntarily missing young adults'';
(B) in subparagraph (B), by inserting after
``services to'' the following: ``involuntarily missing
young adults,''; and
(C) in subparagraph (C), by inserting after
``children'' the following: ``or involuntarily missing
young adults''.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
Section 408(a) of the Missing Children's Assistance Act (42 U.S.C.
5777(a)) is amended by adding at the end the following: ``In addition,
there is authorized to be appropriated $2,500,000 for fiscal years 2001
through 2003 to carry out the provisions of the amendments made to this
Act by the Abducted Young Adults Act.''.
SEC. 7. SPECIAL STUDY AND REPORT.
(a) Study.--Not later than 1 year after the date of enactment of
this Act, the Administrator of the Office of Juvenile Justice and
Delinquency Prevention shall begin to conduct a study to determine the
obstacles that prevent or impede law enforcement from recovering
involuntarily missing young adults.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, the Administrator of the Office of Juvenile Justice and
Delinquency Prevention shall submit a report to the chairman of the
Committee on the Judiciary of the House of Representatives and the
chairman of the Committee on the Judiciary of the Senate containing a
description, and a summary of the results, of the study conducted under
subsection (a).
SEC. 8. REPORTING REQUIREMENT.
Section 3701(a) of the Crime Control Act of 1990 (42 U.S.C. 5779)
is amended by adding at the end the following: ``Each Federal, State,
and local law enforcement agency may report each case of an
involuntarily missing young adult reported to such agency to the
National Crime Information Center of the Department of Justice.''.
SEC. 9. STATE REQUIREMENTS.
Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is
amended by--
(1) redesignating paragraph (3) as paragraph (4);
(2) inserting after paragraph (2) the following:
``(3) provide that each involuntarily missing young adult
report and all necessary and available information with respect
to such report, shall include--
``(A) the name, date of birth, sex, race, height,
weight, and eye and hair color of the involuntarily
missing young adult;
``(B) the date and location of the last known
contact with the involuntarily missing young adult; and
``(C) once the State agency receiving the case has
made a determination to enter such report into the
State law enforcement system and the National Crime
Information Center computer networks, and make such
report available to the Missing and Exploited Children
Information Clearinghouse within the State or other
agency designated within the State to receive such
reports, shall immediately enter such report and all
necessary and available information described in
subparagraphs (A) and (B);'';
(3) in paragraph (4), as redesignated, by striking
``paragraph (2)'' and inserting the following: ``paragraphs (2)
and (3)''; and
(4) in paragraph (4)(C), as redesignated, by inserting
after ``missing children'' the following: ``and involuntarily
missing young adults''. | Defines "young adult" as any individual who is at least 18 but has not attained age 22.
(Sec. 4) Amends provisions of the Act regarding the duties and functions of the Administrator of the Office of Juvenile Justice and Delinquency Prevention to require: (1) the national 24-hour toll-free telephone line established and operated by the Administrator to handle requests of information pertaining to procedures necessary to notify law enforcement about involuntarily missing young adults; and (2) the Administrator to coordinate public and private programs which locate or recover involuntarily missing young adults.
(Sec. 5) Grants the Administrator authority to make grants and enter into contracts relating to involuntarily missing young adults.
(Sec. 6) Authorizes appropriations to carry out this Act.
(Sec. 7) Requires the Administrator to conduct a study to determine the obstacles that prevent or impede law enforcement from recovering involuntarily missing young adults, and to report to the chairmen of the House and Senate Judiciary Committees.
(Sec. 8) Amends the Crime Control Act of 1990 to: (1) authorize each Federal, State, and local law enforcement agency to report each case of an involuntarily missing young adult reported to such agency to the Department of Justice's National Crime Information Center; and (2) require each State reporting under that Act to include specified information regarding such individuals in its report and make such report available to the Missing and Exploited Children Information Clearinghouse within the State or other agency designated within the State to receive such reports. | {"src": "billsum_train", "title": "Abducted Young Adults Act"} | 2,661 | 334 | 0.609612 | 1.85349 | 0.584656 | 4.20068 | 8.122449 | 0.901361 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lost Creek Land Exchange Act of
1994''.
SEC. 2. LAND EXCHANGE.
(a) General.--Notwithstanding any other provision of law, the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
is authorized and directed to acquire by exchange certain lands and
interests in lands owned by the Brand S Corporation, its successors and
assigns, (referred to in this Act as the ``Corporation''), located in
the Lost Creek area of the Deerlodge National Forest and within the
Gallatin National Forest.
(b) Offer and Acceptance of Land.--
(1) Non-federal land.--If the Corporation offers fee title
that is acceptable to the United States to approximately 18,300
acres of land owned by the Corporation and available for
exchange, as depicted on the map entitled ``Brand S/Forest
Service Land Exchange Proposal,'' dated March 1994, and
described in the ``Land Exchange Specifications'' document
pursuant to paragraph (b)(3), the Secretary shall accept a
warranty deed to the land.
(2) Federal land.--Upon acceptance by the Secretary of
title to the Corporation's lands pursuant to paragraph (b)(1),
and subject to reservations and valid existing rights, the
Secretary of the Interior shall convey, by patent, the fee
title to approximately 10,800 acres on the Deerlodge and
Gallatin National Forests, and by timber deed, the right to
harvest approximately 3.5 million board feet of timber on
certain Deerlodge National Forest lands, as depicted on the map
referenced in paragraph (b)(1) and further defined by the
document referenced in paragraph (b)(3).
(3) Agreement.--The document entitled ``Brand S/Forest
Service Land Exchange Specifications'' which was jointly
developed and agreed to by both parties and defines the non-
Federal and Federal lands involved in this exchange, and
includes legal descriptions of exchange lands and interests, an
Access Resolution Agreement and other agreements is hereby
incorporated by reference.
(c) Title.--
(1) Review of title.--Within sixty days of receipt of title
documents from the Corporation, the Secretary shall review the
title for the non-Federal lands described in paragraph (b) and
determine whether--
(A) the applicable title standards for Federal land
acquisition have been satisfied or the quality of title
is otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents
have been received and approved; and
(C) a current title commitment verifying compliance
with applicable title standards has been issued to the
Secretary.
(2) Conveyance of title.--In the event the quality of title
does not meet Federal standards or is otherwise unacceptable to
the Secretary, the Secretary shall advise the Corporation
regarding corrective actions necessary to make an affirmative
determination. The Secretary, acting through the Secretary of
the Interior, shall effect the conveyance of lands described in
paragraph (b)(2) not later than ninety days after the Secretary
has made an affirmative determination.
(d) Resolution of Public Access.--In accordance with the terms of
the Access Resolution Agreement referenced in paragraph (b)(3), the
Secretary shall secure legal public road access to Gallatin National
Forest System lands in--
(1) the Eightmile Creek area; and
(2) the Miller Gulch--Fridley Creek--Dry Creek area.
SEC. 3. GENERAL PROVISIONS.
(a) Maps and Documents.--The maps referred to in section 2 are
subject to such minor corrections as may be agreed upon by the
Secretary and the Corporation. The Secretary shall notify the Committee
on Energy and Natural Resources of the United States Senate and the
Committee on Natural Resources of the United States House of
Representatives of any corrections made pursuant to this paragraph. The
maps and documents described in section 2(b)(1) and (3) shall be on
file and available for public inspection in the office of Chief, Forest
Service, United States Department of Agriculture.
(b) National Forest System Lands.--
(1) In general.--All lands conveyed to the United States
under this Act shall be added to and administered as part of
the Deerlodge or Gallatin National Forests, as appropriate, of
the National Forest System by the Secretary in accordance with
the laws and regulations pertaining to the National Forest
System.
(2) Wilderness study area acquisitions.--Lands acquired
within the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area
shall be managed to maintain their wilderness character and
potential for inclusion in the National Wilderness Preservation
System in accordance with the Montana Wilderness Study Act of
1977 (16 U.S.C. 1132 note). Subject to valid existing rights,
lands acquired within the Hyalite-Porcupine-Buffalo Horn
Wilderness Study Area shall not be available for entry,
appropriation, or disposal under the public land laws; for
location, entry, and patent under the mining laws; or for
disposition under the mineral and geothermal leasing laws,
including all amendments thereto, until such time as the
Congress decides on the wilderness status.
(c) Valuation.--The values of the lands and interests in lands to
be exchanged under this Act and described in section 2(b) are deemed to
be of approximately equal value.
(d) Hazardous Material Liability.--The United States of America
including its departments, agencies, and employees, shall not be liable
under the Comprehensive Environmental Response, Compensation and
Liability Act, as amended (herein referred to as CERCLA), section 9601
and the following of title 42, United States Code, or the Clean Water
Act, section 1251 and the following of title 33, United States Code, or
any other Federal, State or local law, solely as a result of acquiring
an interest in the Lost Creek Tract or due to circumstances or events
occurring before acquisition, including any release or threat of
release of hazardous substances. | Lost Creek Land Exchange Act of 1994 - Directs the Secretary of Agriculture to acquire certain lands owned by the Brand S Corporation and located in the Lost Creek area of the Deerlodge National Forest and within the Gallatin National Forest (to be added to and administered as part of such National Forests) in exchange for certain lands within such National Forests and specified timber rights on Deerlodge National Forest lands. Directs the Secretary to secure legal public road access to Gallatin National Forest System lands in the Eightmile Creek area and the Miller Gulch-Fridley Creek-Dry Creek area.
Releases the United States from any liability under Federal, State, or local law solely as a result of acquiring an interest in the Lost Creek Tract or due to circumstances or events occurring before acquisition, including any release or threat of release of hazardous substances. | {"src": "billsum_train", "title": "Lost Creek Land Exchange Act of 1994"} | 1,328 | 188 | 0.557858 | 1.83726 | 0.747163 | 5.384615 | 7.583333 | 0.974359 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Former American Hostages
in Iran Act of 2015''.
SEC. 2. AMERICAN HOSTAGES IN IRAN COMPENSATION FUND.
(a) Establishment.--There is established in the Treasury a fund, to
be known as the ``American Hostages in Iran Compensation Fund'' (in
this section referred to as the ``Fund'') for the purposes of--
(1) making payments to the Americans held hostage in Iran,
and to members of their families, who are identified as members
of the proposed class in case number 1:00-CV-03110 (ESG) of the
United States District Court for the District of Columbia; and
(2) satisfying the claims of the members of the proposed
class against Iran relating to the taking of hostages and
treatment of personnel of the United States embassy in Tehran,
Iran, between November 3, 1979, and January 20, 1981.
(b) Funding.--
(1) Imposition of surcharge.--
(A) In general.--There is imposed a surcharge equal
to 30 percent of the amount of--
(i) any fine or penalty imposed, in whole
or in part, for a violation of a law or
regulation specified in subparagraph (B)
committed on or after the date of the enactment
of this Act; or
(ii) the monetary amount of a settlement
entered into by a person with respect to a
suspected violation of a law or regulation
specified in subparagraph (B) related to
activities undertaken on or after such date of
enactment.
(B) Laws and regulations specified.--A law or
regulation specified in this subparagraph is any law or
regulation imposing a fine or penalty for any economic
activity relating to Iran that is administered by the
Department of State, the Department of the Treasury,
the Department of Justice, the Department of Commerce,
or the Department of Energy.
(C) Termination of deposits.--The imposition of the
surcharge under subparagraph (A) shall terminate on the
date on which all amounts described in subsection
(c)(2) have been distributed to all recipients
described in that subsection.
(2) Deposits into fund; availability of amounts.--
(A) Deposits.--The Secretary of the Treasury shall
deposit in the Fund all surcharges collected pursuant
to paragraph (1)(A).
(B) Payment of surcharge to secretary of the
treasury.--A person upon which a surcharge is imposed
under paragraph (1)(A) shall pay the surcharge to the
Secretary without regard to whether the fine or penalty
with respect to which the surcharge is imposed--
(i) is paid directly to the Federal agency
that administers the law or regulation pursuant
to which the fine or penalty is imposed; or
(ii) is deemed satisfied by a payment to
another Federal agency.
(C) Availability of amounts in fund.--Amounts in
the Fund shall be available, without further
appropriation, to make payments under subsection (c).
(c) Distribution of Funds.--
(1) Administration of fund.--Payments from the Fund shall
be administered, subject to oversight by the Secretary of the
Treasury, by the named representatives of the proposed class
described in subsection (a)(1) and the principal agent
designated by the proposed class for the period beginning in
1999 and continuing through the date of the enactment of this
Act.
(2) Payments.--Subject to paragraphs (3) and (4), payments
shall be made from the Fund to the following recipients in the
following amounts:
(A) To each living former hostage identified as a
member of the proposed class described in subsection
(a)(1), $10,000 for each day of captivity of the former
hostage.
(B) To the estate of each deceased former hostage
identified as a member of the proposed class described
in subsection (a)(1), $10,000 for each day of captivity
of the former hostage.
(C) To each spouse and child of a former hostage
identified as a member of the proposed class described
in subsection (a)(1) if the spouse or child is
identified as a member of that proposed class, $5,000
for each day of captivity of the former hostage.
(3) Priority.--Payments from the Fund shall be distributed
under paragraph (2) in the following order:
(A) First, to each living former hostage described
in paragraph (2)(A).
(B) Second, to the estate of each deceased former
hostage described in paragraph (2)(B).
(C) Third, to each spouse and child of a former
hostage described in paragraph (2)(C).
(4) Consent of recipient.--A payment to a recipient from
the Fund under paragraph (2) shall be made only after receiving
the consent of the recipient.
(d) Preclusion of Future Actions and Release of Claims.--
(1) Preclusion of future actions.--A recipient of a payment
under subsection (c) may not file or maintain an action against
Iran in any Federal or State court for any claim relating to
the events described in subsection (a)(2).
(2) Release of all claims.--Upon the payment of all amounts
described in subsection (c)(2) to all recipients described in
that subsection, all claims against Iran relating to the events
described in subsection (a)(2) shall be deemed waived and
forever released.
(e) Deposit of Remaining Funds Into the Treasury.--
(1) In general.--Any amounts remaining in the Fund after
the date specified in paragraph (2) shall be deposited in the
general fund of the Treasury.
(2) Date specified.--The date specified in this paragraph
is the later of--
(A) the date on which all amounts described in
subsection (c)(2) have been made to all recipients
described in that subsection; or
(B) the date that is 5 years after the date of the
enactment of this Act.
(f) Report to Congress on Completion of Payments.--Not later than
60 days after determining that a law or regulation specified in
subsection (b)(1)(B) is terminated or suspended or that amounts in the
Fund will be insufficient for the payment of all amounts described in
subsection (c)(2) to all recipients described in that subsection by the
date that is 444 days after the date of the enactment of this Act, the
Secretary of State shall submit to Congress recommendations to expedite
the completion of the payment of those amounts. | Justice for Former American Hostages in Iran Act of 2015 Establishes in the Treasury the American Hostages in Iran Compensation Fund to: (1) make payments to the Americans held hostage in Iran, and to their families, who are identified as members of the proposed class in case number 1:00-CV-03110 (ESG) of the U.S. District Court for the District of Columbia; and (2) satisfy their claims against Iran relating to the taking of hostages and treatment of personnel of the U.S. embassy in Tehran between November 3, 1979, and January 20, 1981. Imposes a surcharge, to be deposited into the Fund, of 30% on the amount of: (1) any fine or penalty imposed for a violation (committed on or after enactment of this Act) of a law or regulation penalizing any economic activity relating to Iran that is administered by the Departments of State, Treasury, Justice, Commerce, or Energy; or (2) the monetary amount of a settlement entered into by a person regarding a suspected violation of such a law or regulation. Requires Fund payments to members of the proposed class in the following order of priority: $10,000 for each day of captivity first to each living former hostage and then to the estate of each deceased former hostage, and $5,000 to each spouse and child of a former hostage for each day of captivity of the former hostage. Prohibits a payment recipient from maintaining an action against Iran in any federal or state court for any claims relating to the hostage events. Waives and forever releases all existing claims against Iran for those events upon payment from the Fund to all designated recipients. Requires the State Department to submit recommendations to Congress if Fund amounts will be insufficient to pay all recipients within 444 days after enactment of this Act. | {"src": "billsum_train", "title": "Justice for Former American Hostages in Iran Act of 2015"} | 1,409 | 397 | 0.71923 | 2.564909 | 0.787426 | 4.944767 | 3.776163 | 0.93314 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation $1 Coin Act''.
SEC. 2. AMERICAN INNOVATION $1 COIN PROGRAM.
Section 5112 of title 31, United States Code, is amended by
inserting after subsection (v) the following new subsection:
``(w) Redesign and Issuance of $1 Coins Honoring Innovation,
Innovators, and Pioneers From Each State, the District of Columbia, and
Each Territory.--
``(1) Redesign beginning in 2017.--
``(A) In general.--Notwithstanding subsection
(d)(1) and subsection (d)(2) and in accordance with the
provisions of this subsection, during the 14-year
period beginning on January 1, 2017 (or such later date
as provided under subparagraph (B)(ii)), the Secretary
of the Treasury shall mint and issue $1 coins to be
known as `American Innovation $1 coins', that--
``(i) have designs on the obverse selected
in accordance with paragraph (2)(A); and
``(ii) have a design on the reverse
selected in accordance with paragraph (2)(B).
``(B) Continuity provisions.--
``(i) In general.--Notwithstanding
subparagraph (A), the Secretary shall continue
to mint and issue $1 coins honoring Native
Americans and their contributions in accordance
with subsection (r).
``(ii) First year.--Notwithstanding
subparagraph (A), if the Secretary finds that
it is not feasible and cost-effective to mint
and issue American Innovation $1 coins
beginning in 2017, the Secretary may mint and
issue $1 coins bearing the designs of such
Presidential $1 coins issued pursuant to
subsection (n) that the Secretary determines to
be appropriate. If any such Presidential $1
coin design bore the inscription `In God We
Trust' incused on the edge, the Secretary shall
modify the design to place that inscription on
the coin's obverse only, and such modification
may be done without review by the Citizens
Coinage Advisory Committee nor consultation
with the Commission of Fine Arts.
``(C) Definition of territory.--For purposes of
this subsection, the term `territory' means the
Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of
the Northern Mariana Islands.
``(2) Design requirements.--Notwithstanding subsection
(d)(1) and subsection (d)(2), the $1 coins issued in accordance
with paragraph (1)(A) shall meet the following design
requirements:
``(A) Coin obverse.--The design on the obverse of
each coin issued under this subsection shall contain--
``(i) a design symbolic of Liberty; and
``(ii) the inscription `In God We Trust'.
``(B) Coin reverse.--The design on the reverse of
each coin issued under this subsection shall bear the
following:
``(i) An image or images emblematic of one
of the following from one of the 50 States, the
District of Columbia, or the territories of the
United States:
``(I) A significant innovation.
``(II) An innovator or pioneer.
``(III) A group of innovators or
pioneers.
``(ii) The name of the State, the District
of Columbia, or territory, as applicable.
``(iii) The inscriptions `$1' and `United
States of America'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the
year of minting or issuance of the coin and the
inscription `E Pluribus Unum' shall be edge-
incused into the coin.
``(ii) Preservation of distinctive edge.--
The edge-incusing of the inscriptions under
clause (i) on coins issued under this
subsection shall be done in a manner that
preserves the distinctive edge of the coin so
that the denomination of the coin is readily
discernible, including by individuals who are
blind or visually impaired.
``(3) Issuance of coins commemorating innovation,
innovators, and pioneers.--
``(A) Order of issuance.--The coins issued under
this subsection commemorating either an innovation, an
individual innovator or pioneer, or a group of
innovators or pioneers, from each State, the District
of Columbia, or a territory shall be issued in
alphabetic order of the State, the District, or
territory represented, starting with Alabama.
``(B) Issuance of coins commemorating four
innovations, innovators, and pioneers during each of 14
years.--
``(i) In general.--Four $1 coin designs as
described in this subsection shall be issued
during each year of the period referred to in
paragraph (1) until one coin featuring one
innovation, an individual innovator or pioneer,
or a group of innovators or pioneers, from each
of the States, the District of Columbia, and
territories has been issued.
``(ii) Number of coin designs in each
year.--The Secretary shall prescribe, on the
basis of such factors as the Secretary
determines to be appropriate, the number of $1
coins that shall be issued with each of the
designs selected for each year of the period
referred to in paragraph (1).
``(iii) Application in event of the
admission of additional states.--
Notwithstanding clause (i), if any additional
State or territory is admitted into the Union
before the end of the 14-year period referred
to in paragraph (1), the Secretary of the
Treasury may issue $1 coins, in accordance with
this subsection during any one year of such 14-
year period, in addition to the four $1 coins
issued during such year in accordance with
clause (i).
``(iv) Application in the event of
independence.--Notwithstanding paragraph
(3)(B)(i), if any State or territory becomes
independent or otherwise ceases to be a State
or territory of the United States before $1
coins are minted pursuant to this subsection,
the subsection shall cease to apply with
respect to such State or territory.
``(4) Selection of concept and design.--
``(A) Concept.--With respect to each State, the
District of Columbia, and territory to be honored with
a coin under this subsection, the selection of the
significant innovation, innovator or pioneer, or group
of innovators or pioneers to be borne on the reverse of
such coin shall be made by the Secretary of the
Treasury, after consultation with the Governor or other
chief executive of the State, the District of Columbia,
or territory with respect to which a coin is to be
issued under this subsection.
``(B) Design.--Each of the designs required under
this subsection shall be selected by the Secretary
after--
``(i) consultation with--
``(I) the Governor or other chief
executive of the State, the District of
Columbia, or territory with respect to
which a coin is to be issued under this
subsection; and
``(II) the Commission of Fine Arts;
and
``(ii) review by the Citizens Coinage
Advisory Committee.
``(C) Selection and approval process.--Designs for
$1 coins under this subsection may be submitted in
accordance with the design selection and approval
process developed by the Secretary in the sole
discretion of the Secretary.
``(D) Standards.--Because it is important that the
Nation's coinage and currency bear dignified designs of
which the citizens of the United States can be proud,
the Secretary shall not select any frivolous or
inappropriate design for any $1 coin minted under this
subsection.
``(E) Prohibition on certain representations.--No
head and shoulders portrait or bust of any person,
living or dead, and no portrait of a living person may
be included in the design of any coin issued under this
subsection.
``(5) Treatment as numismatic items.--For purposes of
sections 5134 and 5136, all $1 coins minted under this
subsection shall be considered to be numismatic items.
``(6) Issuance of numismatic coins.--The Secretary may mint
and issue such number of $1 coins of each design selected under
this subsection in uncirculated and proof qualities as the
Secretary determines to be appropriate.
``(7) Termination of program.--The issuance of coins under
this subsection shall terminate when one innovation, an
individual innovator or pioneer, or a group of innovators or
pioneers, from each State, the District of Columbia, and
territory has been honored and may not be resumed except by an
Act of Congress.''. | American Innovation $1 Coin Act This bill directs the Department of the Treasury to mint and issue American Innovation $1 coins commemorating an innovation, an individual innovator or pioneer, or a group of innovators or pioneers from each state, the District of Columbia, and U.S. territory. Four such coins shall be issued each year for 14 years until one coin for each of the states, the District of Columbia, and the territories has been issued. Such coins shall be issued in alphabetic order of the jurisdiction represented. | {"src": "billsum_train", "title": "American Innovation $1 Coin Act"} | 1,906 | 106 | 0.579402 | 1.483212 | 0.60436 | 5.434343 | 18.050505 | 0.929293 |
SECTION 1. APPROVAL OF AGREEMENT BETWEEN UNITED STATES AND REPUBLIC OF
PALAU.
(a) Definitions.--In this section:
(1) Agreement.--The term ``Agreement'' means the Agreement
and appendices signed by the United States and the Republic of
Palau on September 3, 2010.
(2) Compact.--The term ``Compact'' means the Compact of
Free Association between the Government of the United States of
America and the Government of Palau, as contained in section
201 of Public Law 99-658 (48 U.S.C. 1931 note).
(b) Results of Compact Review.--
(1) In general.--Title I of Public Law 99-658 (48 U.S.C.
1931 et seq.) is amended by adding at the end the following:
``SEC. 105. RESULTS OF COMPACT REVIEW.
``(a) In General.--The agreement and appendices signed by the
United States and the Republic of Palau on September 3, 2010 (referred
to in this section as the `Agreement'), pursuant to section 432 of the
Compact, are approved--
``(1) except for the extension of article X of the
Agreement regarding Federal programs and services, concluded
pursuant to article II of title II and section 232 of the
Compact; and
``(2) subject to the provisions of this section.
``(b) Withholding of Funds.--If the Republic of Palau withdraws
more than $5,000,000 from the trust fund established under section
211(f) of the Compact during fiscal year 2016, or more than $8,000,000
during fiscal year 2017, the amounts payable under sections 1, 2(a), 3,
and 4(a) of the Agreement shall be withheld from the Republic of Palau
until the date on which the Republic of Palau reimburses the trust fund
for the total amounts withdrawn that exceeded $5,000,000 during fiscal
year 2016 or $8,000,000 during fiscal year 2017, as applicable.
``(c) Funding for Certain Provisions.--Not later than 30 days after
the date of enactment of this section, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of the Interior such sums as are necessary
for the Secretary of the Interior to implement sections 1, 2(a), 3,
4(a), and 5 of the Agreement, to remain available until expended,
without any further appropriation.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) to the Secretary of the Interior to subsidize postal
services provided by the United States Postal Service to the
Republic of Palau, the Republic of the Marshall Islands, and
the Federated States of Micronesia $1,500,000 for each of
fiscal years 2017 through 2024, to remain available until
expended; and
``(2) to the head of each Federal entity described in
paragraphs (1), (3), and (4) of section 221(a) of the Compact
(including any successor of such a Federal entity) to carry out
the responsibilities of the Federal entity under section 221(a)
of the Compact such sums as are necessary, to remain available
until expended.''.
(2) Offset.--Section 3 of the Act of June 30, 1954 (68
Stat. 330, 82 Stat. 1213, chapter 423), is repealed.
(c) Payment Schedule; Withholding of Funds; Funding.--
(1) Compact fund.--Section 1 of the Agreement is amended to
read as follows:
``SECTION 1. COMPACT FUND.
``The Government of the United States shall contribute $30,250,000
to the Fund established under section 211(f) of the Compact in
accordance with the following schedule:
``(1) $20,000,000 for fiscal year 2017.
``(2) $2,000,000 for each of fiscal years 2018 through
2022.
``(3) $250,000 for fiscal year 2023.''.
(2) Infrastructure maintenance fund.--Subsection (a) of
section 2 of the Agreement is amended to read as follows:
``(a) Grant.--
``(1) In general.--The Government of the United States
shall provide a grant in an amount equal to $3,500,000 for each
of fiscal years 2017 through 2024 to create a trust fund
(referred to in this agreement as the `Infrastructure
Maintenance Fund'), to be used for the routine and periodic
maintenance of major capital improvement projects financed
using funds provided by the Government of the United States.
``(2) Contributions by palau.--The Government of Palau
shall match the contributions made by the Government of the
United States by making contributions of $150,000 to the
Infrastructure Maintenance Fund on a quarterly basis during the
period beginning on October 1, 2016, and ending on September
30, 2024.
``(3) Requirement.--The implementation of this subsection
shall be carried out in accordance with appendix A to this
agreement.''.
(3) Fiscal consolidation fund.--Section 3 of the Agreement
is amended to read as follows:
``SEC. 3. FISCAL CONSOLIDATION FUND.
``(a) In General.--The Government of the United States shall
provide to the Government of Palau $5,000,000 for each of fiscal years
2017 and 2018 for deposit in an interest-bearing account to be used to
reduce government arrears of the Government of Palau.
``(b) Requirement.--The implementation of this section shall be
carried out in accordance with appendix B to this agreement.''.
(4) Direct economic assistance.--Subsection (a) of section
4 of the Agreement is amended to read as follows:
``(a) Direct Economic Assistance.--
``(1) In general.--In addition to economic assistance in an
amount equal to $13,147,000 provided to the Government of Palau
by the Government of the United States for each of fiscal years
2010 through 2016, and unless otherwise specified in this
agreement or an appendix to this agreement, the Government of
the United States shall provide to the Government of Palau
$28,721,000 in economic assistance, as follows:
``(A) $7,500,000 for fiscal year 2017.
``(B) $6,250,000 for fiscal year 2018.
``(C) $5,000,000 for fiscal year 2019.
``(D) $4,000,000 for fiscal year 2020.
``(E) $3,000,000 for fiscal year 2021.
``(F) $2,000,000 for fiscal year 2022.
``(G) $971,000 for fiscal year 2023.
``(2) Method.--Unless otherwise specified in this agreement
or in an appendix to this agreement, the funds provided for a
fiscal year under this subsection shall be provided in 4
quarterly payments in an amount equal to--
``(A) 30 percent of the total applicable amount
during the first quarter;
``(B) 30 percent of the total applicable amount
during the second quarter;
``(C) 20 percent of the total applicable amount
during the third quarter; and
``(D) 20 percent of the total applicable amount
during the fourth quarter.''.
(5) Infrastructure projects.--Section 5 of the Agreement is
amended to read as follows:
``SEC. 5. INFRASTRUCTURE PROJECTS.
``(a) In General.--The Government of the United States shall
provide to the Government of Palau grants in a total amount equal to
$40,000,000, as follows:
``(1) $8,000,000 for each of fiscal years 2017 through
2019.
``(2) $6,000,000 for fiscal year 2020.
``(3) $5,000,000 for each of fiscal years 2021 and 2022.
``(b) Use.--The Government of Palau shall use each grant provided
under subsection (a) for 1 or more mutually agreed-upon infrastructure
projects, in accordance with appendix C to this agreement.''.
(d) Passport Requirement.--Section 141 of the Compact is amended to
read as follows:
``SEC. 141. PASSPORT REQUIREMENT.
``(a) Admission.--
``(1) In general.--Any person who meets the requirements of
any category described in paragraph (2) may be admitted to, and
lawfully engage in occupations and establish residence as a
nonimmigrant in, the United States and its territories and
possessions, without regard to paragraph (5) or (7)(B)(i)(II)
of section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)), subject to the condition that the passport
presented to satisfy paragraph (7)(B)(i)(I) of that section is
a valid, unexpired, machine-readable passport that satisfies
the internationally accepted standard for machine readability.
``(2) Description of categories.--The categories referred
to in paragraph (1) are the following:
``(A) A person who--
``(i) on September 30, 1994, was a citizen
of the Trust Territory of the Pacific Islands
(as defined in title 53 of the Trust Territory
Code in force on January 1, 1979); and
``(ii) has become, and remains, a citizen
of Palau.
``(B) A person who acquires the citizenship of
Palau, at birth, on or after the effective date of the
Constitution of Palau.
``(C) A naturalized citizen of Palau who--
``(i) has been an actual resident of Palau
for not less than 5 years after attaining that
naturalization; and
``(ii) holds a certificate of that actual
residence.
``(3) Effect of subsection.--Nothing in this subsection--
``(A) confers on a citizen of Palau the right--
``(i) to establish residence necessary for
naturalization under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(ii) to petition for benefits for alien
relatives under that Act; or
``(B) prevents a citizen of Palau from otherwise
acquiring--
``(i) a right described in subparagraph
(A); or
``(ii) lawful permanent resident alien
status in the United States.
``(b) Acceptance of Employment.--Any person who meets the
requirements of any category described in subsection (a)(2) shall be
considered to have the permission of the Secretary of Homeland Security
to accept employment in the United States.
``(c) Establishment of Habitual Residence in Certain Territories
and Possessions.--The right of a person who meets the requirements of
any category described in subsection (a)(2) to establish habitual
residence in a territory or possession of the United States may be
subject to any nondiscriminatory limitation under any law (including
regulations) of--
``(1) the United States; or
``(2) the applicable territory or possession of the United
States.''.
(e) Continuing Programs and Laws.--Section 105(f)(1)(B)(ix) of the
Compact of Free Association Amendments Act of 2003 (48 U.S.C.
1921d(f)(1)(B)(ix)) is amended by striking ``2009'' and inserting
``2024''. | This bill approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. If Palau withdraws more than $5 million from the trust fund set up by the Compact in FY2016, or more than $8 million in FY2017, certain amounts will be withheld from Palau until it reimburses the fund for the total amounts withdrawn that exceeded $5 million in FY2016 or $8 million in FY2017. The bill authorizes appropriations to: (1) subsidize postal services to Palau, the Republic of the Marshall Islands, and the Federated States of Micronesia for FY2017-FY2024; and (2) carry out specified federal responsibilities under the Compact through FY2023. The bill repeals specified offset requirements. Funding is provided through: FY2018 to reduce government arrears of Palau, FY2023 for additional economic assistance, and FY2024 for infrastructure projects. Funding is provided through FY2024 to create an Infrastructure Maintenance Fund for routine and periodic maintenance of major capital improvement projects. (Palau is required to provide specified quarterly amounts for the Fund.) The bill revises specified passport requirements. | {"src": "billsum_train", "title": "A bill to approve an agreement between the United States and the Republic of Palau."} | 2,488 | 267 | 0.590457 | 1.757925 | 0.787739 | 3.021645 | 9.692641 | 0.831169 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Antitrust Enforcement Act
of 2008''.
SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL COMMON CARRIERS.
(a) Application of the Antitrust Laws.--The antitrust laws shall
apply to a common carrier by railroad that is subject to the
jurisdiction of the Surface Transportation Board under subtitle IV of
title 49, United States Code, without regard to whether such common
carrier filed a rate or whether a complaint challenging a rate is
filed.
(b) Definition.--The term ``antitrust laws'' has the meaning given
it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)), but includes section 5 of the Federal Trade Commission Act to
the extent such section 5 applies to unfair methods of competition.
SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.
The last undesignated paragraph of section 7 of the Clayton Act (15
U.S.C. 18) is amended by inserting ``(excluding transactions described
in section 11321 of title 49 of the United States Code)'' after
``Surface Transportation Board''.
SEC. 4. ANTITRUST ENFORCEMENT AUTHORITY.
Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by
inserting ``(excluding agreements described in section 10706 of such
title and transactions described in section 11321 of such title)''
after ``Code''.
SEC. 5. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.
The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is
amended by inserting ``(excluding a common carrier by railroad)'' after
``Board''.
SEC. 6. REMOVAL OF PRIMARY JURISDICTION AS LIMITATION.
The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the
end thereof the following:
``Sec. 29. In any civil action against a common carrier railroad
under section 4, 4A, 4C, 15, or 16, the district court shall not be
required to defer to the jurisdiction of the Surface Transportation
Board.''.
SEC. 7. UNFAIR METHODS OF COMPETITION.
Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C.
45(a)(2)) is amended by adding at the end the following:
``For purposes of this paragraph with respect to unfair methods of
competition, the term `common carrier' excludes a common carrier by
railroad that is subject to jurisdiction of the Surface Transportation
Board under subtitle IV of title 49 of the United States Code.''.
SEC. 8. TERMINATION OF EXEMPTIONS IN TITLE 49.
(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in the 3d sentence of paragraph (2)(A) by
striking ``, and the Sherman Act (15 U.S.C. 1 et
seq.),'' and all that follows through ``or carrying out
the agreement'',
(B) in paragraph (4)--
(i) by striking the 2d sentence, and
(ii) in the 3d sentence by striking
``However, the'' and inserting ``The'', and
(C) in paragraph (5)(A) by striking ``, and the
antitrust laws set forth in paragraph (2) of this
subsection do not apply to parties and other persons
with respect to making or carrying out the agreement'',
(2) in subsection (d) by striking the last sentence, and
(3) by striking subsection (e) and inserting the following:
``(e) Nothing in this section exempts a proposed agreement
described in subsection (a) from the application of the antitrust laws
(as defined in subsection (a) of the 1st section of the Clayton Act,
but including section 5 of the Federal Trade Commission Act to the
extent such section 5 applies to unfair methods of competition).
``(f) In reviewing any proposed agreement described in subsection
(a), the Board shall take into account, among any other considerations,
the impact of the proposed agreement on shippers, consumers, and
affected communities. The Board shall make findings regarding such
impact, which shall be--
``(1) made part of the administrative record;
``(2) submitted to any other reviewing agency for
consideration in making its determination; and
``(3) available in any judicial review of the Board's
decision regarding such agreement.''.
(b) Combinations.--Section 11321 of title 49, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``The authority'' and inserting
``Except as provided in sections 4, 4A, 4C, 15, and 16
of the Clayton Act, the authority''; and
(B) in the 3d sentence by striking ``is exempt from
the antitrust laws and from all other law,'' and
inserting ``is exempt from all other law (except the
laws referred to in subsection (c)),'', and
(2) by adding at the end the following:
``(c) Nothing in this subchapter exempts a transaction described in
subsection (a) from the application of the antitrust laws (as defined
in subsection (a) of the 1st section of the Clayton Act, but including
section 5 of the Federal Trade Commission Act to the extent such
section 5 applies to unfair methods of competition). The preceding
sentence shall not apply to any transaction relating to the pooling of
railroad cars approved by the Surface Transportation Board or its
predecessor agency pursuant to section 11322.
``(d) In reviewing any transaction described in subsection (a), the
Board shall take into account, among any other considerations, the
impact of the transaction on shippers and affected communities.''.
(c) Conforming Amendments.--
(1) Heading.--The heading for section 10706 of title 49,
United States Code, is amended to read as follows: ``Rate
agreements''.
(2) Analysis of sections.--The analysis of sections of
chapter 107 of such title is amended by striking the item
relating to section 10706 and insert the following:
``10706. Rate agreements.''.
SEC. 9. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Limitation.--A civil action under section 4, 4A, 4C, 15, or 16
of the Clayton Act, or a complaint under 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, may not be filed with respect to any
conduct or activity that--
(1) occurs before the expiration of the 180-day period
beginning on the date of enactment of this Act; and
(2) was exempted from the antitrust laws (as defined in
subsection (a) of the 1st section of the Clayton Act (15 U.S.C.
12(a)), but including 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) by an order of the Interstate
Commerce Commission or the Surface Transportation Board issued
before the date of the enactment of this Act and pursuant to
law. | Railroad Antitrust Enforcement Act of 2008 - (Sec. 2) Amends the Clayton Act (the Act) to make federal antitrust laws applicable to all common carriers subject to the Surface Transportation Board (STB), regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed.
(Sec. 3) Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings.
(Sec. 4) Authorizes the the Federal Trade Commission (FTC) to enforce certain provisions of the Act against STB-approved agreements or combinations, including those related to rates.
(Sec. 5) Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws.
(Sec. 6) Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB.
(Sec. 7) Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition.
(Sec. 8) Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements.
Requires the STB when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record.
Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws.
(Sec. 9) Makes the date of enactment of this Act its effective date. Makes an exception for parties engaging prior to such enactment in conduct or actions previously exempted by STB approval (such parties to have 180 days to discontinue such conduct or action or otherwise become subject to the antitrust laws). | {"src": "billsum_train", "title": "To amend the Federal antitrust laws to provide expanded coverage and to eliminate exemptions from such laws that are contrary to the public interest with respect to railroads."} | 1,713 | 445 | 0.619214 | 1.84739 | 0.740835 | 2.233871 | 4.08871 | 0.830645 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legislative Oversight of Significant
Regulations Act of 2003''.
SEC. 2. FINDING AND PURPOSE.
(a) Finding.--The Congress finds that oversight of significant
rules will be enhanced if they are subject to congressional review and
approval after being proposed by an agency.
(b) Purpose.--The purpose of this Act is to ensure that before a
significant rule takes effect--
(1) Congress is given an adequate opportunity to review the
rule and ensure that it is in accordance with the intent of
Congress in enacting the law under which the rule is proposed;
and
(2) Congress approves the rule in accordance with the
procedures established by this Act.
SEC. 3. REVIEW OF SIGNIFICANT RULES BY CONGRESS.
Chapter 8 of title 5, United States Code, is amended to read as
follows:
``CHAPTER 8--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
``Sec.
``801. Review of significant rules by Congress.
``802. Congressional approval procedure for significant rules.
``803. Existing rules.
``804. Definitions.
``805. Exemption for monetary policy.
``Sec. 801. Review of significant rules by Congress
``(a) A significant rule shall not take effect before the date of
the enactment of a joint resolution described in section 802(a)
comprised solely of the text of the significant rule.
``(b)(1) Before a proposed significant rule would take effect as a
final rule, the agency proposing the rule shall submit to each House of
Congress a report containing the following:
``(A) A copy of the proposed significant rule.
``(B) A concise summary of the proposed significant rule,
its purpose, and anticipated effects.
``(C) A complete copy of any cost-benefit analysis report
that has been prepared by the agency with respect to the
proposed significant rule.
``(D) An explanation of the specific statutory
interpretation under which a rule is proposed, including an
explanation of--
``(i) whether the interpretation is expressly
required by the text of the statute; or
``(ii) if the interpretation is not expressly
required by the text of the statute, an explanation
that the interpretation is within the range of
permissible interpretations of the statute as
identified by the agency, and an explanation why the
interpretation selected by the agency is the agency's
preferred interpretation.
``(E) Any other relevant information or requirements under
any other Act and any relevant Executive order.
``(2) Upon receipt of a report under paragraph (1), each House of
Congress shall provide a copy of the report to the chairman and ranking
minority party member of each committee with jurisdiction over the
subject matter of the report.
``(c) If Congress fails to enact a joint resolution approving a
proposed significant rule, no court or agency may infer any intent of
Congress from any action or inaction of Congress with regard to such
rule or related statute.
``Sec. 802. Congressional approval procedure for significant rules
``(a) Not later than 3 legislative days after the date on which an
agency submits a report under section 801(b) containing the text of any
proposed significant rule, the majority leader of each House of the
Congress shall introduce (by request) a joint resolution comprised
solely of the text of that significant rule. If the joint resolution is
not introduced in either House as provided in the preceding sentence,
then any Member of that House may introduce the joint resolution.
``(b)(1) The joint resolution shall be referred to the appropriate
committee of the House in which it is introduced. The committee may
report the joint resolution without substantive revision and with or
without recommendation or with an adverse recommendation, or the
committee may vote not to report the joint resolution. If the committee
votes to order the joint resolution reported, it shall be reported not
later than the end of the period (not to exceed 45 legislative days)
established for consideration of the joint resolution by the Speaker of
the House of Representatives or the majority leader of the Senate, as
the case may be. Except in the case of a joint resolution which a
committee votes not to report, a committee failing to report a joint
resolution within such period shall be automatically discharged from
consideration of the joint resolution, and it shall be placed on the
appropriate calendar.
``(2) A vote on final passage of the joint resolution shall be
taken in that House on or before the close of the 90th legislative day
after the date of the introduction of the joint resolution in that
House.
``(3)(A) A motion in the House of Representatives to proceed to the
consideration of a joint resolution under this section shall be highly
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
``(B) Debate in the House of Representatives on a joint resolution
under this section shall be limited to not more than 4 hours, which
shall be divided equally between those favoring and those opposing the
joint resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit a joint
resolution under this section or to move to reconsider the vote by
which the joint resolution is agreed to or disagreed to.
``(C) All appeals from the decisions of the chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a joint resolution under this section shall be
decided without debate.
``(D) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a joint resolution
under this section shall be governed by the Rules of the House of
Representatives applicable to other joint resolutions in similar
circumstances.
``(4)(A) A motion in the Senate to proceed to the consideration of
a joint resolution under this section shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
``(B) Debate in the Senate on a joint resolution under this
section, and all debatable motions and appeals in connection therewith,
shall be limited to not more than 10 hours. The time shall be equally
divided between, and controlled by, the majority leader and the
minority leader or their designees.
``(C) Debate in the Senate on any debatable motion or appeal in
connection with a joint resolution under this section shall be limited
to not more than 1 hour, to be equally divided between, and controlled
by, the mover and the manager of the joint resolution, except that in
the event the manager of the joint resolution is in favor of any such
motion or appeal, the time in opposition thereto, shall be controlled
by the minority leader or his designee. Such leaders, or either of
them, may, from time under their control on the passage of a joint
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
``(D) A motion in the Senate to further limit debate on a joint
resolution under this section is not debatable. A motion to recommit a
joint resolution under this section is not in order.
``(c) No amendment to a joint resolution considered under this
section shall be in order in either the House of Representatives or the
Senate. No motion to suspend the application of this subsection shall
be in order in either House, nor shall it be in order in either House
for the presiding officer to entertain a request to suspend the
application of this subsection by unanimous consent.
``(d) If, before the passage by one House of a joint resolution of
that House described in subsection (a), that House receives from the
other House a joint resolution described in subsection (a) comprised of
the same text, then:
``(1) The procedure in that House shall be the same as if
no joint resolution had been received from the other House.
``(2) The vote on final passage shall be on the joint
resolution of the other House.
``(e) This section is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the 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 described in
subsection (a), and it supersedes other rules only to the
extent that it is inconsistent with such rules; and
``(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
``Sec. 803. Existing rules
``(a) Any existing rule may be revised or revoked in accordance
with this section if a petition for review so requests.
``(b) If a petition for review is filed with the Clerk of the House
of Representatives or the Secretary of the Senate, the Clerk or the
Secretary shall determine whether the petition meets the requirements
of subsection (d). If the Clerk or the Secretary determines that a
petition meets those requirements, he or she shall notify the majority
leader of that House. The majority leader so notified shall, within 3
legislative days, introduce a joint resolution (by request) that makes
the revision or revocation of existing rules proposed by the petition
upon the enactment of that joint resolution. If the joint resolution is
not introduced as provided in the preceding sentence, then any Member
of that House may introduce the joint resolution.
``(c) Any joint resolution introduced under subsection (b) shall be
considered in the House of Representatives and the Senate in accordance
with the procedures respecting a joint resolution set forth in section
802.
``(d) A petition for review under subsection (a) shall contain the
following:
``(1) Any rule affected by the petition and the contents of
that rule as it would exist if a joint resolution revising or
revoking that rule pursuant to the petition were enacted.
``(2) For a petition in the Senate, the signatures of 30
Senators, or for a petition in the House of Representatives,
the signatures of 120 Members.
``Sec. 804. Definitions
For purposes of this chapter:
``(1) The term `agency' has the meaning given that term in
section 551 (relating to administrative procedure).
``(2)(A) The term `rule' has the meaning given such term by
section 551, except that such term does not include--
``(i) any rule of particular applicability
including a rule that approves or prescribes--
``(I) future rates, wages, prices,
services, or allowances therefor,
``(II) corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or
``(III) accounting practices or disclosures
bearing on any of the foregoing, or
``(ii) any rule of agency organization, personnel,
procedure, practice, or any routine matter.
``(B) The term `final rule' means any final rule or interim
final rule.
``(3) The term `significant rule' means any rule proposed
by an agency that is specified or described as such in the Act
that authorizes the rule.
``Sec. 805. Exemption for monetary policy
Nothing in this chapter applies to any rule concerning monetary
policy proposed or implemented by the Board of Governors of the Federal
Reserve System or the Federal Open Market Committee.''.
SEC. 4. EFFECTIVE DATE.
The amendment made by this Act shall take effect on the ninetieth
day after the date of enactment of this Act. The former chapter 8 of
title 5, United States Code, as in effect immediately before that day
shall continue to apply to rules submitted under that former chapter to
each House of Congress as if this amendment had not been enacted. | Legislative Oversight of Significant Regulations Act of 2003 - Revises provisions governing the congressional review of agency rulemaking. Imposes review requirements upon only rules described as "significant" in the authorizing Act. Prohibits a significant rule from taking effect before the enactment of a joint resolution comprising solely of the text of such rule.
Requires the report submitted by a Federal agency proposing a significant rule to include an explanation of the specific statutory interpretation under which a rule is proposed, including an explanation of whether the interpretation is expressly required by the text of the statute or, if not, an explanation that the interpretation is within the permissible range and an explanation of why the interpretation was selected. Provides that if Congress fails to enact a joint resolution approving a proposed significant rule, no court or agency may infer any intent of Congress from any action or inaction with regard to such rule or related statute.
Sets forth: (1) the congressional approval procedure for significant rules (current law sets forth disapproval procedure for rules); and (2) provisions with respect to revising or revoking an existing rule by joint resolution. | {"src": "billsum_train", "title": "To amend chapter 8 of title 5, United States Code, to require congressional approval of proposed rules considered by the Congress to be significant rules."} | 2,674 | 257 | 0.719563 | 2.044578 | 0.976891 | 4.255924 | 12.345972 | 0.909953 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Nuclear Assistance to State
Sponsors of Terrorism Act of 2009''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The International Atomic Energy Agency (IAEA) was
established in 1957 with the objectives of seeking to
``accelerate and enlarge the contribution of atomic energy to
peace, health and prosperity throughout the world'' and to
``ensure . . . that assistance provided by it or at its request
or under its supervision or control is not used in such a way
as to further any military purpose.''.
(2) The United States, via assessed contributions, is the
largest financial contributor to the regular budget of the
IAEA.
(3) In 1959, the IAEA established what is now called the
Technical Cooperation Program, financed primarily through
voluntary contributions by member states to the Technical
Cooperation Fund, to provide nuclear technical cooperation (TC)
for peaceful purposes to countries worldwide.
(4) The United States is the largest financial contributor
to the IAEA's Technical Cooperation Fund.
(5) A March 2009 report by the Government Accountability
Office (GAO) found that ``neither [the Department of State] nor
IAEA seeks to systematically limit TC assistance to countries
the United States has designated as state sponsors of
terrorism--Cuba, Iran, Sudan, and Syria--even though under U.S.
law these countries are subject to sanctions.''.
(6) The GAO report also found that ``Together, [Cuba, Iran,
Sudan, and Syria] received more than $55 million in TC
assistance from 1997 through 2007.''. These four countries
received over $4,400,000 in TC assistance in 2008.
(7) The GAO report also found that ``proliferation concerns
about the [Technical Cooperation Program] have persisted
because of the assistance it has provided to certain countries
and because nuclear equipment, technology, and expertise can be
dual-use--capable of serving peaceful purposes . . . but also
useful in contributing to nuclear weapons development.''.
(8) The GAO report also found that ``[The State Department]
reported in 2007 that three TC projects in [Iran] were directly
related to the Iranian nuclear power plant at Bushehr.''.
(9) The GAO report also found that ``The proliferation
concerns associated with the [Technical Cooperation Program]
are difficult for the United States to fully identify, assess,
and resolve . . . [because] there is no formal mechanism for
obtaining TC project information during the proposal
development phase . . . [l]imited [Department of] State
documentation on how proliferation concerns of TC proposals
were resolved . . . [and s]hortcomings in U.S. policies and
IAEA procedures [including monitoring proliferation risks]
related to TC program fellowships.''.
(10) The GAO report noted that ``IAEA officials told us
that the [Technical Cooperation Program] does not attempt to
exclude countries on the basis of their status as U.S.-
designated state sponsors of terrorism or other political
considerations'' and that, according to the Deputy Director
General for the Technical Cooperation Program, ``there are no
good countries and there are no bad countries'' with respect to
provision of technical cooperation by the IAEA.
(11) The GAO report also found that ``given the limited
information available on TC projects and the dual-use nature of
some nuclear technologies and expertise, we do not believe [the
State Department] can assert with complete confidence that TC
assistance has not advanced [weapons of mass destruction]
programs in U.S.-designated state sponsors of terrorism''.
(12) The GAO report also found that ``we do not share [the
State Department's confidence in IAEA's internal safeguards to
prevent TC projects from contributing to weapons development .
. . ]''.
(13) The Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) prohibited any of the funds authorized to be appropriated
for ``International Organizations and Programs'' from being
made available for the United States proportionate share for
programs for Libya, Iran, Cuba, or the Palestine Liberation
Organization, inter alia.
(14) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1998 (Public Law 105-118)
prohibited any of the funds made available by such Act for the
IAEA from being made available for programs and projects of the
IAEA in Cuba.
(15) The Foreign Affairs Reform and Restructuring Act of
1998 (Public Law 105-277) required the United States to
withhold a proportionate share of funding to the IAEA for
projects in Cuba regarding the Juragua Nuclear Power Plant and
the Pedro Pi Nuclear Research Center.
(16) The GAO report asked Congress ``to consider directing
[the State Department] to withhold a share of future annual
contributions to the [Technical Cooperation Fund] that is
proportionate to the amount of funding provided from the fund
for U.S.-designated state sponsors of terrorism and other
countries of concern, noting that such a withholding is a
matter of fundamental principle and intended to foster a more
consistent U.S. policy toward such nations.''.
(17) The IAEA has repeatedly reported that the Government
of Iran continues its work on heavy water-related projects and
its enrichment of uranium, in violation of United Nations
Security Council Resolutions 1696 (2006), 1737 (2006), 1747
(2007), 1803 (2008), and 1835 (2008).
(18) United Nations Security Council Resolution 1737 (2006)
decided ``that technical cooperation provided to Iran by the
IAEA or under its auspices shall only be for food,
agricultural, medical, safety or other humanitarian purposes
[inter alia] . . . but that no such technical cooperation shall
be provided that relates to . . . proliferation sensitive
nuclear activities . . .''.
(19) According to multiple news reports, the IAEA Director
General reported to the IAEA Board of Governors in June of 2009
that the Government of Iran now has approximately 7,000
centrifuges for enriching uranium, is running almost 5,000 of
them, and has increased its stockpile of low-enriched uranium
to over 1,300 kilograms, considered sufficient for further
enrichment into enough high-enriched uranium for an atomic
bomb.
(20) The IAEA Director General has repeatedly reported to
the IAEA Board of Governors, including in his report of
February 19, 2009, that ``there remain a number of outstanding
issues which give rise to concerns . . . [regarding] the
existence of possible military dimensions to Iran's nuclear
programme''.
(21) The IAEA Director General has repeatedly reported to
the IAEA Board of Governors, including in his report of
February 19, 2009, that ``Iran has not implemented the
Additional Protocol, which is a prerequisite for [the IAEA] to
provide credible assurance about the absence of undeclared
nuclear material and activities. Nor has [Iran] agreed to [the
IAEA's] request that Iran provide, as a transparency measure,
access to additional locations related, inter alia, to the
manufacturing of centrifuges, research and development on
uranium enrichment, and uranium mining and milling, as also
required by the Security Council.''.
(22) The IAEA Director General has repeatedly reported to
the IAEA Board of Governors, including in his report of
February 19, 2009, that ``as a result of the continued lack of
cooperation by Iran in connection with . . . issues which give
rise to concerns about possible military dimensions of Iran's
nuclear programme, [the IAEA] has made no substantive progress
on these issues.''.
(23) Iran has refused to comply with resolutions adopted by
the IAEA Board of Governors on September 12, 2003, November 26,
2003, March 15, 2004, June 18, 2004, November 29, 2004, August
11, 2005, September 24, 2005, February 4, 2006, and July 31,
2006, regarding ``Iran's many failures and breaches of its
obligations to comply with its NPT Safeguards Agreement'' and
continues to block IAEA inspections of its nuclear facilities,
in violation of its NPT Safeguards Agreement.
(24) According to multiple news reports, Iran recently
denied access to its enrichment site at Natanz to IAEA
inspectors, and has also denied a request by the IAEA to place
one or more additional surveillance cameras at the enrichment
site at Natanz.
(25) In April of 2008, United States Government officials
publicly revealed that Syria was building at the Dair Alzour
site, with North Korea's assistance, a secret nuclear reactor
that was based on a North Korean model capable of producing
plutonium for nuclear weapons and that was weeks away from
becoming operational before an Israeli air strike reportedly
destroyed the reactor in September 2007.
(26) On April 28, 2008, General Michael Hayden, the former
Director of the Central Intelligence Agency, stated that the
Syrian reactor at Dair Alzour could have produced enough
plutonium for 1 or 2 bombs within a year of becoming
operational.
(27) The IAEA Director General reported to the IAEA Board
of Governors, on November 19, 2008, that the Syrian facility at
Dair Alzour bore features that resembled those of an undeclared
nuclear reactor, adding that ``Syria has not yet provided the
requested documentation in support of its declarations
concerning the nature or function of the destroyed building,
nor agreed to a visit to the three other locations which the
IAEA has requested to visit.''.
(28) The IAEA Director General publicly stated to the IAEA
Board of Governors, on June 15, 2009, that ``the limited
information and access provided by Syria to date have not
enabled the Agency to determine the nature of the destroyed
facility'' at Dair Alzour site, that uranium particles have
been found in samples taken from a second site, the Miniature
Neutron Source Reactor facility in Damascus, and that the
particles found at both sites ``are of a type not included in
Syria's declared inventory of nuclear material.''.
SEC. 3. PROHIBITION ON THE USE OF FUNDS.
(a) In General.--No funds from any United States assessed or
voluntary contribution to the IAEA may be used to support any
assistance provided by the IAEA through its Technical Cooperation
program to any country, including North Korea that--
(1) is a state sponsor of terrorism;
(2) is in breach of or noncompliance with its obligations
regarding--
(A) its safeguards agreement with the IAEA;
(B) the Additional Protocol;
(C) the Nuclear Non-Proliferation Treaty;
(D) any relevant United Nations Security Council
Resolution; or
(E) the Charter of the United Nations; or
(3) is under investigation for a breach of or noncompliance
with the obligations specified in paragraph (2).
(b) Withholding of Voluntary Contributions.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of State
shall withhold from the United States voluntary contribution to the
IAEA an amount proportional to that spent by the IAEA in the period
from 2007 to 2008 on assistance through its Technical Cooperation
Program to countries described in subsection (a).
(c) Withholding of Assessed Contributions.--If, not later than 30
days of the date of the enactment of this Act, the amount specified in
subsection (b) has not been withheld and the IAEA has not suspended all
assistance provided through its Technical Cooperation Program to the
countries described in subsection (a), an amount equal to that
specified in subsection (b) shall be withheld from the United States
assessed contribution to the IAEA.
SEC. 4. WAIVER.
The provisions in subsections (b) and (c) of section 3 may be
waived if--
(1) the IAEA has suspended all assistance provided through
its Technical Cooperation Program to the countries described in
section 3(a); or
(2) the President certifies that the countries described in
section 3(a) no longer pose a threat to the national security,
interests, and allies of the United States.
SEC. 5. UNITED STATES ACTIONS AT IAEA.
The President shall direct the United States Permanent
Representative to the IAEA to use the voice, vote, and influence of the
United States at the IAEA to block the allocation of funds for any
assistance provided by the IAEA through its Technical Cooperation
Program to any country described in section 3(a).
SEC. 6. REPORT.
Not later than six months after the date of the enactment of this
Act, the President shall transmit to the appropriate congressional
committees a report on the implementation of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the
Committee on Appropriations of the House of
Representatives; and
(B) the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) State sponsor of terrorism.--The term ``state sponsor
of terrorism'' means a country the government of which has been
determined by the Secretary of State, for purposes of section
6(j) of the Export Administration Act of 1979, section 620A of
the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, or other provision of law, is a government
that has repeatedly provided support for acts of international
terrorism. | Stop Nuclear Assistance to State Sponsors of Terrorism Act of 2009 - Prohibits funds from any U.S. assessed or voluntary contribution to the International Atomic Energy Agency (IAEA) from being used to support assistance provided by the IAEA through its Technical Cooperation Program to any country, including North Korea, that is: (1) a state sponsor of terrorism; or (2) in breach of or noncompliance, or under investigation for breach or noncompliance, with its obligations regarding IAEA safeguards, specified treaties, or the U.N. Charter or relevant U.N. resolutions.
Directs the Secretary of State to withhold specified voluntary and assessed IAEA contribution amounts.
Authorizes the waiver of such withholding if: (1) the IAEA has suspended all Program assistance to such countries; or (2) the President certifies that such countries no longer pose a threat to U.S. security and allies. | {"src": "billsum_train", "title": "To prohibit the expenditure of United States taxpayer dollars on nuclear assistance to state sponsors of terrorism, and for other purposes."} | 3,037 | 205 | 0.494387 | 1.514069 | 0.819235 | 3.938272 | 17.179012 | 0.950617 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Emergency Procurement
Flexibility Act of 2001''.
SEC. 2. CONTRACTING FOR HUMANITARIAN OR PEACEKEEPING OPERATIONS AND
CONTINGENCY OPERATIONS.
(a) Increased Threshold for Simplified Acquisitions.--Section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)) is
amended to read as follows:
``(11)(A) Except as provided in subparagraph (B), the term
`simplified acquisition threshold' means $100,000.
``(B) The term `simplified acquisition threshold' means an
amount equal to five times the amount specified in subparagraph
(A) in the case of a contract to be awarded and performed, or
purchase to be made, in support of--
``(i) a military operation (not including routine
training, force rotation, or stationing) in support of
the provision of humanitarian or foreign disaster
assistance or in support of a peacekeeping operation
under chapter VI or VII of the Charter of the United
Nations; or
``(ii) a contingency operation (as defined in
section 101(a)(13) of title 10, United States Code).''.
(b) Conforming Amendments.--
(1) Federal property and administrative services act of
1949.--Section 309(d) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 259(d)) is
amended--
(A) in paragraph (1)--
(i) by striking ``(1)''; and
(ii) by striking ``, except that,'' and all
that follows through ``section 4 of such Act'';
and
(B) by striking paragraph (2).
(2) Title 10, united states code.--Section 2302(7) of title
10, United States Code, is amended by striking ``, except
that,'' and all that follows through ``section 4 of such Act''.
SEC. 3. INCREASED MICRO-PURCHASE THRESHOLD FOR CERTAIN PROCUREMENTS.
In the administration of section 32 of the Office of Federal
Procurement Policy Act (41 U.S.C. 428) during fiscal years 2002 and
2003 with respect to procurements of property or services by or for an
executive agency for use to facilitate the defense against terrorism or
NBCRT attack, as determined by the head of the executive agency, the
amount specified in subsections (c), (d), and (f) of such section shall
be deemed to be $25,000.
SEC. 4. APPLICATION OF CERTAIN COMMERCIAL ITEMS AUTHORITIES TO CERTAIN
PROCUREMENTS.
(a) Authority.--
(1) In general.--The head of an executive agency may apply
the provisions of law listed in paragraph (2) in the
procurement of property or services during fiscal years 2002
and 2003 by or for the executive agency for use to facilitate
defense against terrorism or NBCRT attack, as determined by the
head of the executive agency, without regard to whether the
property or services are commercial items.
(2) Commercial item laws.--The provisions of law referred
to in paragraph (1) are as follows:
(A) Sections 31 and 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 427, 430).
(B) Section 2304(g) of title 10, United States
Code.
(C) Section 303(g) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253(g)).
(b) Inapplicability of Limitation on Use of Simplified Acquisition
Procedures.--
(1) In general.--The $5,000,000 limitation provided in
section 31(a)(2) of the Office of Federal Procurement Policy
Act (41 U.S.C. 427(a)(2)), section 2304(g)(1)(B) of title 10,
United States Code, and section 303(g)(1)(B) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(g)(1)(B)) shall not apply to purchases of property or
services to which any of the provisions of law referred to in
subsection (a) are applied under the authority of this section.
(2) OMB guidance.--The Director of the Office of Management
and Budget shall issue guidance and procedures for the use of
simplified acquisition procedures for a purchase of property or
services in excess of $5,000,000 under the authority of this
section.
(c) Continuation of Authority for Simplified Purchase Procedures.--
Authority under a provision of law referred to in subsection (a)(2)
that expires under section 4202(e) of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 10 U.S.C. 2304 note) shall,
notwithstanding such section, continue to apply for use by the head of
an executive agency as provided in subsections (a) and (b).
SEC. 5. USE OF STREAMLINED PROCEDURES.
The head of an executive agency shall, when appropriate, use
streamlined acquisition authorities and procedures authorized by law
for an acquisition, during fiscal years 2002 and 2003, of property or
services that, as determined by such official, would facilitate the
defense against terrorism or NBCRT attack, including authorities and
procedures that are provided under the following provisions of law:
(1) Federal property and administrative services act of
1949.--In title III of the Federal Property and Administrative
Services Act of 1949:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 303 (41 U.S.C. 253), relating to use of
procedures other than competitive procedures under
certain circumstances (subject to subsection (e) of
such section).
(B) Section 303J (41 U.S.C. 253j), relating to
orders under task and delivery order contracts.
(2) Title 10, united states code.--In chapter 137 of title
10, United States Code:
(A) Paragraphs (1), (2), (6), and (7) of subsection
(c) of section 2304, relating to use of procedures
other than competitive procedures under certain
circumstances (subject to subsection (e) of such
section).
(B) Section 2304c, relating to orders under task
and delivery order contracts.
(3) Office of federal procurement policy act.--Paragraphs
(1)(B), (1)(D), and (2) of section 18(c) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(c)), relating to
inapplicability of a requirement for procurement notice.
SEC. 6. CERTAIN RESEARCH AND DEVELOPMENT BY CIVILIAN AGENCIES.
(a) Authority.--
(1) In general.--Title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is
amended by adding at the end the following new section:
``SEC. 317. RESEARCH AND DEVELOPMENT TO FACILITATE DEFENSE AGAINST
TERRORISM OR NBCRT ATTACK.
``(a) Authority.--
``(1) In general.--The head of an executive agency may
engage in basic research, applied research, advanced research,
and development projects that--
``(A) are necessary to the responsibilities of such
official's executive agency in the field of research
and development; and
``(B) have the potential to facilitate defense
against terrorism or NBCRT attack.
``(2) Authorized means.--To engage in projects authorized
under paragraph (1), the head of an executive agency may
exercise the same authority (subject to the same restrictions
and conditions) as the Secretary of Defense may exercise under
sections 2358 and 2371 of title 10, United States Code, except
for subsections (b), (f), and (g) of such section 2371.
``(3) Applicability to selected executive agencies.--The
head of an executive agency may exercise authority under this
subsection only if authorized by the Director of the Office of
Management and Budget to do so.
``(b) NBCRT Attack Defined.--In this section, the term `NBCRT
attack' means a nuclear, biological, chemical, or radiological attack
on the United States, or a technological attack on a national security
system (as defined in section 5142 of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106; 40 U.S.C. 1452)).
``(c) Annual Report.--The annual report of the head of an executive
agency that is required under subsection (h) of section 2371 of title
10, United States Code, as applied to the head of an executive agency
by subsection (a), shall be submitted to the Committee on Governmental
Affairs of the Senate and the Committee on Government Reform of the
House of Representatives.
``(d) Regulations.--The Director of the Office of Management and
Budget shall prescribe regulations to carry out this section.''.
(2) Clerical amendment.--The table of sections in section
1(b) is amended by inserting after the item relating to section
316 the following new item:
``Sec. 317. Research and development to facilitate defense
against terrorism or NBCRT attack.''.
(b) Temporary Authority for Carrying Out Certain Prototype
Projects.--
(1) In general.--The head of an executive agency designated
by the Director of the Office of Management and Budget to do so
may, under the authority of section 317 of the Federal Property
and Administrative Services Act of 1949 (as added by subsection
(a)), carry out prototype projects that meet the requirements
of subparagraphs (A) and (B) of subsection (a)(1) of such
section in accordance with the same requirements and conditions
as are provided for carrying out prototype projects under
section 845 of the National Defense Authorization Act for
Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).
(2) Conforming authority.--In the application of the
requirements and conditions of section 845 of the National
Defense Authorization Act for Fiscal Year 1994 (Public Law 103-
160; 10 U.S.C. 2371 note) to the administration of authority
under paragraph (1)--
(A) subsection (c) of such section shall apply with
respect to prototype projects carried out under this
subsection; and
(B) the Director of the Office of Management and
Budget shall perform the function of the Secretary of
Defense under subsection (d) of such section.
SEC. 7. IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE.
The head of each executive agency shall conduct market research on
an ongoing basis to identify effectively the capabilities, including
the capabilities of small businesses and new entrants into Federal
contracting, that are available in the marketplace for meeting the
requirements of the executive agency in furtherance of defense against
terrorism or NBCRT attack. The head of the executive agency shall, to
the maximum extent practicable, take advantage of commercially
available market research methods, including use of commercial
databases, to carry out the research.
SEC. 8. DEFINITIONS.
In this Act:
(1) NBCRT attack.--The term ``NBCRT attack'' means a
nuclear, biological, chemical, or radiological attack against
the United States, or a technological attack against a national
security system (as defined in section 5142 of the Clinger-
Cohen Act of 1996 (divisions D and E of Public Law 104-106; 40
U.S.C. 1452)).
(2) Executive agency.--The term ``executive agency'' has
the meaning given the term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)). | Federal Emergency Procurement Flexibility Act of 2001 - Amends the Office of Federal Procurement Policy Act to revise the definition of "simplified acquisition threshold" to mean $100,000 (currently) or an amount equal to five times such amount in cases of contracts to be awarded and performed, or purchases to be made, in support of military operations for the provision of humanitarian or foreign disaster assistance or for peacekeeping or contingency operations.Deems the micro-purchase threshold with respect to procurements of property and services by or for executive agencies for use to facilitate the defense against terrorism or a nuclear, biological, chemical, or radiological attack against the United States or a technological attack against a national security system (NBCRT attack) to be $25,000 during FY 2002 and 2003 (currently $2,500).Permits executive agencies to apply to the procurement of property and services during FY 2002 and 2003 for such purposes specified provisions of law relating to the procurement of commercial items, including special simplified acquisition procedures, without regard to: (1) whether the property and services are commercial items; or (2) the $5 million limitation on the use of such procedures.Requires executive agencies to use streamlined acquisition authorities and procedures for acquisitions during FY 2002 and 2003 of property and services that would facilitate the defense against terrorism or NBCRT attack.Allows executive agencies to engage in necessary basic, applied, and advanced research and development projects that have the potential to facilitate defense against terrorism or NBCRT attack and to carry out prototype projects that meet such requirements.Directs executive agencies to conduct market research to identify the capabilities, including those of small businesses and new Federal contractors, that are available in the marketplace in furtherance of defense against terrorism or such an attack. | {"src": "billsum_train", "title": "A bill to provide increased flexibility Governmentwide for the procurement of property and services to facilitate the defense against terrorism, and for other purposes."} | 2,664 | 370 | 0.644625 | 2.192454 | 0.793594 | 3.474006 | 7.061162 | 0.929664 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Empowering Employees through Stock
Ownership Act''.
SEC. 2. TREATMENT OF QUALIFIED EQUITY GRANTS.
(a) In General.--
(1) Election to defer income.--Section 83 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(i) Qualified Equity Grants.--
``(1) In general.--For purposes of this subtitle, if
qualified stock is transferred to a qualified employee who
makes an election under this subsection--
``(A) no amount shall be included in income under
subsection (a) in the first taxable year in which the
rights of the employee in such stock are transferable
or are not subject to a substantial risk of forfeiture,
whichever is applicable, and
``(B) an amount equal to the amount which would be
included in income of the employee under subsection (a)
(determined without regard to this subsection) shall be
included in income in the taxable year of the employee
which includes the earliest of--
``(i) the date such qualified stock is
sold, exchanged, or otherwise transferred,
``(ii) the date the employee first becomes
an excluded employee,
``(iii) the first date on which any stock
of the corporation which issued the qualified
stock becomes readily tradable on an
established securities market,
``(iv) the date that is 7 years after the
first date the rights of the employee in such
stock are transferable or are not subject to a
substantial risk of forfeiture, whichever
occurs earlier, or
``(v) the date on which the employee elects
under this clause to include the amount in
income.
``(2) Qualified stock.--
``(A) In general.--For purposes of this subsection,
the term `qualified stock' means any stock in a
corporation if--
``(i) the right to receive such stock was
provided by the corporation--
``(I) in connection with the
performance of services as an employee,
and
``(II) such right was received in
year in which such corporation was an
eligible corporation, and
``(ii) such stock is received--
``(I) in connection with the
exercise of an option, or
``(II) in settlement of a
restricted stock unit.
``(B) Limitation.--The term `qualified stock' shall
not include any stock if the employee may sell to, or
otherwise receive cash in lieu of stock from, the
corporation at the time that the rights of the employee
are transferrable or are not subject to a substantial
risk of forfeiture.
``(C) Eligible corporation.--For purposes of
subparagraph (A)(i)(II)--
``(i) In general.--The term `eligible
corporation' means, with respect to any
calendar year, any corporation if--
``(I) no stock of such corporation
is readily tradable on an established
securities market during such calendar
year or any preceding calendar year,
and
``(II) such corporation has a
written plan under which not less than
80 percent of all employees have the
same rights and privileges to receive
qualified stock for such calendar year.
``(ii) Same rights and privileges.--For
purposes of clause (i)(II)--
``(I) except as provided in
subclauses (II) and (III), the
determination of rights and privileges
with respect to stock shall be
determined in a similar manner as
provided under section 423(b)(5),
``(II) employees shall not fail to
be treated as having the same rights
and privileges to receive qualified
stock solely because the number of
shares available to all employees are
not equal in amount, so long as the
number of shares available to each
employee is more than a de minimis
amount, and
``(III) the right to receive
qualified stock described subparagraph
(A)(ii)(I) shall not be treated as the
same right or privilege as the right to
receive qualified stock described in
subparagraph (A)(ii)(II).
``(iii) Employee.--For purposes of clause
(i)(II), the term `employee' shall not include
any employee described in section 4980E(d)(4)
or any excluded employee.
``(iv) Special rule for calendar years
before 2017.--In the case of any calendar year
beginning before January 1, 2017, clause
(i)(II) shall be applied without regard to
whether the rights and privileges with respect
to the qualified stock are the same.
``(3) Qualified employee; excluded employee.--For purposes
of this subsection--
``(A) In general.--The term `qualified employee'
means any individual who--
``(i) is not an excluded employee, and
``(ii) agrees to meet such requirements as
determined by the Secretary to be necessary to
ensure that the withholding requirements of the
corporation under chapter 24 with respect to
the qualified stock are met.
``(B) Excluded employee.--The term `excluded
employee' means, with respect to any corporation, any
individual--
``(i) who is or has been at any prior time
a 1-percent owner (within the meaning of
section 416(i)(1)(B)(ii)),
``(ii) who is or has been at any prior
time--
``(I) the chief executive officer
of such corporation or an individual
acting in such a capacity, or
``(II) the chief financial officer
of such corporation or an individual
acting in such a capacity,
``(iii) who bears a relationship described
in section 318(a)(1) to any individual
described in subclause (I) or (II) of clause
(ii), or
``(iv) who is or has been for any prior
taxable year one of the 4 highest compensated
officers of such corporation determined on the
basis of the shareholder disclosure rules for
compensation under the Securities Exchange Act
of 1934 (as if such rules applied to such
corporation).
``(4) Election.--
``(A) Time for making election.--An election with
respect to qualified stock shall be made under this
subsection no later than 30 days after the first time
the rights of the employee in such stock are
transferable or are not subject to a substantial risk
of forfeiture, whichever occurs earlier.
``(B) Limitations.--No election may be made under
this section with respect to any qualified stock if--
``(i) the qualified employee has made an
election under subsection (b) with respect to
such qualified stock, or
``(ii) any stock of the corporation which
issued the qualified stock is readily tradable
on an established securities market at any time
before the election is made.
``(5) Other rules.--
``(A) Controlled groups.--For purposes of this
subsection, all corporations which are members of the
same controlled group of corporations (as defined in
section 1563(a)) shall be treated as one corporation.
``(B) Notice requirement.--Any corporation that
transfers qualified stock to an employee shall notify
such employee that--
``(i) the employee may elect to defer
income on such stock under this subsection, and
``(ii) if the employee makes such an
election, the amount of income recognized at
the end of the deferral period will be based on
the value of the stock at the time at which the
rights of the employee in such stock are
transferable or are not subject to substantial
risk of forfeiture, notwithstanding whether the
value of the stock has declined during the
deferral period.''.
(2) Deduction by employer.--Subsection (h) of section 83 of
the Internal Revenue Code of 1986 is amended by striking ``or
(d)(2)'' and inserting ``(d)(2), or (i)''.
(b) Withholding.--
(1) Time of withholding.--Section 3401 of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(i) Qualified Stock for Which an Election Is in Effect Under
Section 83(i).--For purposes of subsection (a), qualified stock (as
defined in section 83(i)) with respect to which an election is made
under section 83(i) shall be treated as wages--
``(1) received on the earliest date described in section
83(i)(1)(B), and
``(2) in an amount equal to the amount included in income
under section 83 for the taxable year which includes such
date.''.
(2) Amount of withholding.--Section 3402 of such Code is
amended by adding at the end the following new subsection:
``(t) Rate of Withholding for Certain Stock.--In the case of any
qualified stock (as defined in section 83(i)) with respect to which an
election is made under section 83(i), the rate of tax under subsection
(a) shall not be less than the maximum rate of tax in effect under
section 1.''.
(c) Coordination With Other Deferred Compensation Rules.--
(1) Election to apply deferral to statutory options.--
(A) Incentive stock options.--Section 422(b) of the
Internal Revenue Code of 1986 is amended by inserting
``or any option with respect to which an election is
made under section 83(i)'' after ``as an incentive
stock option''.
(B) Employee stock purchase plans.--Section 423(a)
of such Code is amended by adding at the end the
following flush sentence:
``The preceding sentence shall not apply to any share of stock or
option with respect to which an election is made under section
83(i).''.
(2) Exclusion from definition of nonqualified deferred
compensation plan.--Subsection (d) of section 409A of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(7) Treatment of qualified stock.--Receipt of stock shall
not be treated as a nonqualified deferred compensation plan
solely because of an election under 83(i).''.
(d) Information Reporting.--Section 6051 of the Internal Revenue
Code of 1986 is amended by inserting after paragraph (6) the following
new paragraph:
``(7) the amounts subject to subparagraphs (A) and (B) of
section 83(i)(1),''.
(e) Penalty for Failure of Employer To Provide Notice of Tax
Consequences.--Section 6652 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subsection:
``(o) Failure To Provide Notice Under Section 83(i).--In the case
of each failure to provide a notice as required by section 83(i)(5)(B),
at the time prescribed therefor, unless it is shown that such failure
is due to reasonable cause and not to willful neglect, there shall be
paid, on notice and demand of the Secretary and in the same manner as
tax, by the person failing to provide such notice, an amount equal to
$100 for each such failure, but the total amount imposed on such person
for all such failures during any calendar year shall not exceed
$50,000.''.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to any property--
(A) in which the rights of the person who has the
beneficial interest in such property are not
transferable before January 1, 2017, and
(B) which is subject to a substantial risk of
forfeiture before such date.
(2) Requirement to provide notice.--The amendments made by
subsection (e) shall apply to failures after December 31, 2016. | Empowering Employees through Stock Ownership Act This bill amends the Internal Revenue Code to allow an employee to elect to defer, for income tax purposes, income attributable to certain stock transferred to the employee by an employer. The employee may defer the inclusion of income from the stock until the year that includes the earliest of the dates on which: the stock is sold, exchanged, or otherwise transferred; the employee becomes an excluded employee; stock of the corporation becomes readily tradable on an established securities market; seven years has passed after the rights of the employee in the stock are transferrable or are not subject to a substantial risk of forfeiture, whichever occurs earlier; or the employee elects to include the amount in income. The stock must meet specified requirements and be transferred to the employee from an eligible corporation in connection with the performance of services as an employee. A corporation is eligible if: (1) no stock of the corporation is readily tradable on an established securities market during the year or any preceding year, and (2) it has a written plan under which at least 80% of all employees have the same rights and privileges to receive stock for the year. Employees are excluded if they are or have been: (1) a 1% owner, the chief executive officer, or the chief financial officer of the corporation; (2) a family member of the specified individuals; (3) or one of the four highest compensated officers of the corporation. The corporation transferring stock must notify employees regarding the option of deferring income and meet specified withholding and reporting requirements. | {"src": "billsum_train", "title": "Empowering Employees through Stock Ownership Act"} | 2,668 | 330 | 0.655167 | 1.857125 | 0.811739 | 2.621019 | 7.687898 | 0.882166 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair, Accurate, Secure, and Timely
Redress Act of 2008'' or the ``FAST Redress Act of 2008''.
SEC. 2. ESTABLISHMENT OF APPEAL AND REDRESS PROCESS FOR INDIVIDUALS
WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT, OR
DENIED A RIGHT, BENEFIT, OR PRIVILEGE.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following new section:
``SEC. 890A. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED
OR PROHIBITED FROM BOARDING A FLIGHT, OR DENIED A RIGHT,
BENEFIT, OR PRIVILEGE.
``(a) Establishment.--Not later than 30 days after the date of the
enactment of this section, the Secretary shall establish a timely and
fair process for individuals who believe they were delayed or
prohibited from boarding a commercial aircraft or denied a right,
benefit, or privilege because they were wrongly identified as a threat
when screened against any terrorist watchlist or database used by the
Transportation Security Administration (TSA) or any office or component
of the Department.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish in the
Department an Office of Appeals and Redress to implement,
coordinate, and execute the process established by the
Secretary pursuant to subsection (a). The Office shall include
representatives from the TSA and such other offices and
components of the Department as the Secretary determines
appropriate.
``(2) Comprehensive cleared list.--The process established
by the Secretary pursuant to subsection (a) shall include the
establishment of a method by which the Office, under the
direction of the Secretary, will maintain and appropriately
disseminate a comprehensive list, to be known as the
`Comprehensive Cleared List', of individuals who--
``(A) were misidentified as an individual on any
terrorist watchlist or database;
``(B) completed an approved Department of Homeland
Security appeal and redress request and provided such
additional information as required by the Department to
verify the individual's identity; and
``(C) permit the use of their personally
identifiable information to be shared between multiple
Departmental components for purposes of this section.
``(3) Use of comprehensive cleared list.--
``(A) In general.--The Secretary shall--
``(i) except as provided in subparagraph
(B), transmit to the TSA or any other
appropriate office or component of the
Department, other Federal, State, local, and
tribal entities, and domestic air carriers and
foreign air carriers that use any terrorist
watchlist or database, the Comprehensive
Cleared List and any other information the
Secretary determines necessary to resolve
misidentifications and improve the
administration of the advanced passenger
prescreening system and reduce the number of
false positives; and
``(ii) ensure that the Comprehensive
Cleared List is taken into account by all
appropriate offices or components of the
Department when assessing the security risk of
an individual.
``(B) Termination.--
``(i) In general.--The transmission of the
Comprehensive Cleared List to domestic air
carriers and foreign air carriers under clause
(i) of subparagraph (A) shall terminate on the
date on which the Federal Government assumes
terrorist watchlist or database screening
functions.
``(ii) Written notification to congress.--
Not later than 15 days after the date on which
the transmission of the Comprehensive Cleared
List to the air carriers referred to in clause
(i) of this subparagraph terminates in
accordance with such clause, the Secretary
shall provide written notification to the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs
of the Senate of such termination.
``(4) Intergovernmental efforts.--The Secretary may--
``(A) enter into memoranda of understanding with
other Federal, State, local, and tribal agencies or
entities, as necessary, to improve the appeal and
redress process and for other purposes such as to
verify an individual's identity and personally
identifiable information; and
``(B) work with other Federal, State, local, and
tribal agencies or entities that use any terrorist
watchlist or database to ensure, to the greatest extent
practicable, that the Comprehensive Cleared List is
considered when assessing the security risk of an
individual.
``(5) Handling of personally identifiable information.--The
Secretary, in conjunction with the Chief Privacy Officer of the
Department, shall--
``(A) require that Federal employees of the
Department handling personally identifiable information
of individuals (in this paragraph referred to as `PII')
complete mandatory privacy and security training prior
to being authorized to handle PII;
``(B) ensure that the information maintained under
this subsection is secured by encryption, including
one-way hashing, data anonymization techniques, or such
other equivalent technical security protections as the
Secretary determines necessary;
``(C) limit the information collected from
misidentified passengers or other individuals to the
minimum amount necessary to resolve an appeal and
redress request;
``(D) ensure that the information maintained under
this subsection is shared or transferred via an
encrypted data network that has been audited to ensure
that the anti-hacking and other security related
software functions perform properly and are updated as
necessary;
``(E) ensure that any employee of the Department
receiving the information maintained under this
subsection handles such information in accordance with
section 552a of title 5, United States Code, the
Federal Information Security Management Act of 2002
(Public Law 107-296), and other applicable laws;
``(F) only retain the information maintained under
this subsection for as long as needed to assist the
individual traveler in the appeal and redress process;
``(G) engage in cooperative agreements with
appropriate Federal agencies and entities, on a
reimbursable basis, to ensure that legal name changes
are properly reflected in any terrorist watchlist or
database and the Comprehensive Cleared List to improve
the appeal and redress process and to ensure the most
accurate lists of identifications possible (except that
section 552a of title 5, United States Code, shall not
prohibit the sharing of legal name changes among
Federal agencies and entities for the purposes of this
section); and
``(H) conduct and publish a privacy impact
assessment of the appeal and redress process
established under this section and transmit the
assessment to the Committee on Homeland Security of the
House of Representatives, and the Committee on
Commerce, Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs of the
Senate.
``(6) Initiation of appeal and redress process at
airports.--At each airport at which--
``(A) the Department has a presence, the Office
shall provide written information to air carrier
passengers to begin the appeal and redress process
established pursuant to subsection (a); and
``(B) the Department has a significant presence,
provide the written information referred to in
subparagraph (A) and ensure a TSA supervisor who is
trained in such appeal and redress process is available
to provide support to air carrier passengers in need of
guidance concerning such process.
``(7) Report to congress.--Not later than 240 days after
the date of the enactment of this section, the Secretary shall
submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the status of
information sharing among users at the Department of any
terrorist watchlist or database. The report shall include the
following information:
``(A) A description of the processes and the status
of the implementation of this section to share the
Comprehensive Cleared List with other Department
offices and components and other Federal, State, local,
and tribal authorities that utilize any terrorist
watchlist or database.
``(B) A description of the extent to which such
other Department offices and components are taking into
account the Comprehensive Cleared List.
``(C) Data on the number of individuals who have
sought and successfully obtained redress through the
Office of Appeals and Redress.
``(D) Data on the number of individuals who have
sought and were denied redress through the Office of
Appeals and Redress.
``(E) An assessment of what impact information
sharing of the Comprehensive Cleared List has had on
misidentifications of individuals who have successfully
obtained redress through the Office of Appeals and
Redress.
``(F) An updated privacy impact assessment.
``(c) Terrorist Watchlist or Database Defined.--In this section,
the term `terrorist watchlist or database' means any terrorist
watchlist or database used by the Transportation Security
Administration or any office or component of the Department of Homeland
Security or specified in Homeland Security Presidential Directive-6, in
effect as of the date of the enactment of this section.''.
(b) Incorporation of Secure Flight.--Section 44903(j)(2) of title
49, United States Code, is amended--
(1) in subparagraph (C)(iii)--
(A) by redesignating subclauses (II) through (VII)
as subclauses (III) through (VIII), respectively; and
(B) by inserting after subclause (I) the following
new subclause:
``(II) ensure, not later than 30
days after the date of the enactment of
the FAST Redress Act of 2008, that the
procedure established under subclause
(I) is incorporated into the appeals
and redress process established under
section 890A of the Homeland Security
Act of 2002;'';
(2) in subparagraph (E)(iii), by inserting before the
period at the end the following: ``, in accordance with the
appeals and redress process established under section 890A of
the Homeland Security Act of 2002''; and
(3) in subparagraph (G)--
(A) in clause (i), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the process established pursuant to this
clause into the appeals and redress process established
under section 890A of the Homeland Security Act of
2002.''; and
(B) in clause (ii), by adding at the end the
following new sentence: ``The Assistant Secretary shall
incorporate the record established and maintained
pursuant to this clause into the Comprehensive Cleared
List established and maintained under such section
890A.''.
(c) Conforming Amendment.--Title 49, United States Code, is amended
by striking section 44926 (and the item relating to such section in the
analysis for chapter 449 of title 49).
(d) Clerical Amendment.--Section 1(b) of the Homeland Security Act
of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating
to section 890 the following new item:
``Sec. 890A. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight, or
denied a right, benefit, or privilege.''.
Passed the House of Representatives June 18, 2008.
Attest:
LORRAINE C. MILLER,
Clerk. | Fair, Accurate, Secure, and Timely Redress Act of 2008 or the FAST Redress Act of 2008 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish: (1) a timely and fair process for individuals who believe they were delayed or prohibited from boarding a commercial aircraft because they were wrongly identified as a threat when screened against any terrorist watchlist or database used by the Transportation Security Administration (TSA) or any component of the Department of Homeland Security (DHS); and (2) an Office of Appeals and Redress within DHS to implement, coordinate, and execute the process.
Requires the process to include the establishment of a method for maintaining and appropriately disseminating a Comprehensive Cleared List of individuals who: (1) were misidentified; (2) completed an appeal and redress request and provided required information to verify their identity; and (3) permit their personally identifiable information to be shared between DHS components.
Directs the Secretary to: (1) transmit information necessary to resolve misidentifications, improve administration of the advanced passenger prescreening system, and reduce false positives to TSA or any other appropriate DHS component, other federal, state, local, and tribal entities, and domestic and foreign air carriers that use any terrorist watchlist or database; and (2) ensure that the List is considered when assessing an individual's security risk.
Terminates the transmission of the List to domestic and foreign air carriers on the date the federal government assumes terrorist watchlist or database screening functions.
Authorizes the Secretary to: (1) enter into memoranda of understanding with federal, state, local, and tribal entities to improve the appeal and redress process and for other purposes, such as to verify an individual's identity and personally identifiable information; and (2) work with other entities that use any terrorist watchlist or database to ensure that the List is considered when assessing an individual's security risk.
Directs the Secretary, in conjunction with DHS's Chief Privacy Officer, to: (1) require that DHS employees complete mandatory privacy and security training before being authorized to handle personally identifiable information; (2) ensure that the information maintained is secured by encryption,; (3) limit the information collected from misidentified passengers or other individuals to the minimum amount necessary to resolve an appeal and redress request; (4) ensure that the information maintained is shared or transferred via an encrypted data network that has been audited to ensure that security related software functions perform properly and are updated as necessary; (5) ensure that any DHS employee receiving the information handles it in accordance with the Privacy Act of 1974 and other specified law; (6) retain the information for only as long as needed to assist the individual traveler in the appeal and redress process; (7) engage in cooperative agreements with appropriate federal entities to ensure that legal name changes are properly reflected in any terrorist watchlist or database and the List; and (8) conduct, publish, and report to specified congressional committees on a privacy impact assessment of the process.
Requires the Office of Appeals and Redress, at each airport at which: (1) DHS has a presence, to provide written information to air carrier passengers to begin the appeal and redress process; and (2) DHS has a significant presence, to provide that information and ensure the availability of a TSA supervisor who is trained in such process to provide support to air carrier passengers in need of guidance. Sets forth reporting requirements on the status of information sharing among users at DHS of any terrorist watchlist or database.
Incorporates the appeals and redress process into the Secure Flight Program. | {"src": "billsum_train", "title": "To amend the Homeland Security Act of 2002 to establish an appeal and redress process for individuals wrongly delayed or prohibited from boarding a flight, or denied a right, benefit, or privilege, and for other purposes."} | 2,556 | 763 | 0.733069 | 2.446607 | 0.797896 | 4.30186 | 3.336195 | 0.95422 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tax Refund Protection Act of 2014''.
SEC. 2. REGULATION OF REFUND ANTICIPATION PAYMENT INSTRUMENTS AND TAX
RETURN PREPARERS.
(a) In General.--Subtitle B of the Consumer Financial Protection
Act of 2010 (12 U.S.C. 5481 et seq.) is amended by adding at the end
the following new section:
``SEC. 1029B. REGULATION OF REFUND ANTICIPATION PAYMENT ARRANGEMENTS
AND TAX RETURN PREPARERS.
``(a) In General.--The Bureau shall--
``(1) regulate refund anticipation payment arrangements;
``(2) establish a program to license or certify tax return
preparers subject to this section;
``(3) regulate such tax return preparers; and
``(4) before licensing or certifying a person as a tax
return preparer subject to this section, require that the
person demonstrate--
``(A) good character;
``(B) good reputation;
``(C) necessary qualifications to enable the person
to provide to persons valuable service as a tax return
preparer; and
``(D) competency to perform the functions of a tax
return preparer.
``(b) Authority To Impose a Fee.--The Bureau shall require tax
return preparers subject to this section to pay a reasonable fee for
licensing or certification under this section.
``(c) Disclosure Requirements.--The Bureau shall, by rule, require
tax return preparers subject to this section to provide a disclosure
statement to a consumer that shall contain statements--
``(1) identifying the amount of fees such tax return
preparer charges for preparing a Federal income tax return,
filing a Federal income tax return, or executing a refund
anticipation payment arrangement;
``(2) identifying the average amount of time in which an
individual who files a Federal income tax return electronically
can expect to receive a refund by mail, according to
information provided by the Internal Revenue Service;
``(3) describing, in the case of a refund anticipation
payment arrangement involving a depository account not
controlled by the consumer, the difference in days between the
average amount of time by which a consumer receives the tax
refund (in whole or in part) from a refund anticipation payment
arrangement and the average amount of time by which a consumer
who files a Federal income tax return electronically receives
the tax refund deposited directly to that consumer's deposit
account by the taxing authority;
``(4) that a refund anticipation payment arrangement is not
necessary to receive a tax refund; and
``(5) that, if a consumer does not receive a tax refund or
the amount of the tax refund is less than the amount
anticipated under the refund anticipation payment arrangement,
the consumer may be responsible for paying any fees and
interest associated with a refund anticipation payment
arrangement.
``(d) Requirements Under TILA.--The Bureau shall issue regulations
that, to the extent practicable, require tax return preparers that
enter into a refund anticipation payment arrangement to comply with
section 128 of the Truth in Lending Act (15 U.S.C. 1638) to the same
extent as a creditor making a consumer credit transaction other than
under an open end credit plan.
``(e) Disciplinary Procedures.--After notice and opportunity for a
hearing, the Bureau may take any enforcement action against a tax
return preparer subject to this section who--
``(1) is incompetent;
``(2) is disreputable;
``(3) violates regulations prescribed under this section;
or
``(4) with intent to defraud, willfully and knowingly
misleads or threatens a consumer.
``(f) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Tax return preparer.--The term `tax return preparer
subject to this section' means a tax return preparer (as
defined in section 7701(a)(36) of the Internal Revenue Code of
1986) who is not subject to regulation under section 330 of
title 31, United States Code.
``(2) Refund anticipation payment arrangement.--The term
`refund anticipation payment arrangement' means an arrangement
under which, in exchange for Federal income tax preparation
services, a consumer agrees to pay a fee or interest upon
receipt of the consumer's tax refund to a tax return preparer,
lender, or other affiliated lender by--
``(A) requesting the Federal Government to deposit
such tax refund, in whole or in part, directly into a
depository account designated by either the consumer or
the tax return preparer, lender, or other affiliated
lender; or
``(B) directly paying the fee or interest to the
tax return preparer, lender, or other affiliated
lender.''.
(b) Clerical Amendment.--The table of contents of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301 et seq.)
is amended by inserting after the item related to section 1029A the
following new item:
``Sec. 1029B. Regulation of refund anticipation payment arrangements
and tax return preparers.''.
(c) Exclusion for Certain Tax Preparers.--
(1) In general.--Section 1027(d)(1) of such Act is amended
by striking subparagraph (B).
(2) Conforming amendments.--Section 1027(d) of such Act is
further amended--
(A) in paragraph (1)--
(i) in the heading, by striking ``and Tax
Preparers'';
(ii) by striking subparagraph (B);
(iii) by striking ``authority over'' and
all that follows through ``any person'' and
inserting ``authority over any person'';
(iv) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
by moving such subparagraphs 2 ems to the left;
(v) by redesignating subclauses (I) and
(II) as clauses (i) and (ii), respectively, and
by moving such clauses 2 ems to the left;
(vi) in subparagraph (A) (as redesignated),
by inserting ``(except as related to tax return
preparers pursuant to section 1029B)'' after
``tax''; and
(vii) in clause (ii) (as redesignated), by
striking ``; or'' and inserting a period; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``paragraph (1)(A)
or (1)(B)'' and inserting ``such
paragraph''; and
(II) by striking ``paragraph
(1)(A)'' each place it appears and
inserting ``paragraph (1)'';
(ii) in subparagraph (C)--
(I) by striking ``For purposes of
subparagraphs (A) and (B), a person
described in paragraph (1)(A)'' and
inserting ``A person described in
paragraph (1)''; and
(II) by striking ``clause (i) or
(ii) of paragraph (1)(A)'' and
inserting ``subparagraph (A) or (B) of
paragraph (1)''; and
(iii) in subparagraph (D), by striking
``described in paragraph (1)(A) or (1)(B)''.
SEC. 3. SPLIT REFUNDS MAY INCLUDE TAX RETURN PREPARER.
(a) In General.--Section 6402 of the Internal Revenue Code of 1986
is amended by adding at the end the following:
``(m) Split Refunds.--An income tax refund requested on a return of
Federal income tax prepared by an income tax preparer may be split
between the preparer and the taxpayer in accordance with the split
requested by the taxpayer on the return. A split of an individual
income tax return under this subsection shall not be treated as
disreputable conduct merely because the taxpayer requested such
split.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to returns for taxable years ending after the date
of the enactment of this Act. | Tax Refund Protection Act of 2014 - Amends the Consumer Financial Protection Act of 2010 to require the Consumer Financial Protection Bureau (CFPB) to: (1) regulate refund anticipation payment arrangements, (2) establish a licensing or certification program governing tax return preparers subject to this Act, (3) regulate such preparers, and (4) require applicants to demonstrate qualifications and competency to perform tax return preparation sevices. Authorizes the CFPB to impose a licensing or certification fee. Directs the CFPB to require such preparers to make prescribed disclosures to a consumer, including: (1) a fee schedule for preparing or filing a federal income tax return, or executing a refund anticipation payment arrangement; and (2) the consumer's responsibility to pay any fees and interest associated with a refund anticipation payment arrangement even if the consumer does not receive a tax refund or the refund's amount is less than anticipated under the arrangement. Empowers the CFPB to take enforcement action against a preparer for specified violations. Amends the Internal Revenue Code to permit a federal income tax refund, on taxpayer request, to be split between the taxpayer and the preparer. Prohibits treatment of such a split as disreputable conduct merely because the taxpayer requested the split. | {"src": "billsum_train", "title": "Tax Refund Protection Act of 2014"} | 1,915 | 276 | 0.69868 | 2.235778 | 0.830068 | 3.364807 | 7.137339 | 0.892704 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Izembek and Alaska Peninsula Refuge
and Wilderness Enhancement and King Cove Safe Access Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) King Cove, Alaska, is--
(A) located 625 air miles from Anchorage, Alaska,
on the south side of the Alaska Peninsula, on a sand
spit fronting Deer Passage and Deer Island;
(B) accessible only by air and water; and
(C) one of the most geographically isolated areas
of the State of Alaska;
(2) constant adverse weather and limiting physical
topography make traveling in and out of King Cove directly by
air dangerous and impractical much of the time;
(3) King Cove is the homeland of Aleut people who--
(A) are federally recognized as indigenous peoples
of the United States;
(B) have fished, hunted, and subsisted in King Cove
for over 4,000 years; and
(C) refer to the King Cove community as
``Agdaagux'';
(4) the Agdaagux Tribal Council, which is the federally
recognized tribal government for King Cove, recognizes that
most of residents of King Cove are direct descendants of the
original Aleut inhabitants;
(5) in the 1940s, an airport capable of access by jets was
constructed by the United States Army at Cold Bay, which is
approximately 25 surface miles north of King Cove, to support
World War II related national security needs;
(6) while the Cold Bay Airport, which is now a civilian
airport operated by the State of Alaska, is the lifeline for
the King Cove people to the outside world, particularly for the
life, safety, and health needs of the indigenous residents,
there is no surface access between King Cove and the airport;
(7) nearly all of the land between King Cove and Cold Bay
is--
(A) owned by the Federal Government as part of the
Izembek National Wildlife Refuge; and
(B) managed as wilderness; and
(8) the Agdaagux Tribal Council--
(A) maintains that the Council and the indigenous
Aleut people of King Cove were not consulted before the
land that separates residents from the nearest all-
weather airport was designated as wilderness, even
though approximately 1,292 people across the United
States, Canada, and Europe--
(i) received notice of the potential
designation; and
(ii) during 1969 and 1970, were expressly
invited by the Bureau of Sport Fisheries and
Wildlife, the predecessor of the United States
Fish and Wildlife Service, to participate in
the process of considering whether the land
should be managed as wilderness;
(B) regards the failure of the Federal Government
to consult with the Council and the indigenous Aleut
people of King Cove as a ``wrong and troubling action
taken by the federal government'';
(C) submits that dozens of King Cove residents have
died or suffered grave health consequences in the past
30 years because the residents could not reach timely
medical assistance in Anchorage, Alaska, that can only
be accessed via the all-weather Cold Bay Airport; and
(D) has expressed the full endorsement and support
of the Council for the construction of a road between
King Cove and the Cold Bay Airport as an expression of,
and commitment to, self-determination for the Aleut
people of King Cove who were not consulted before the
land vital to the survival of the Aleut people of King
Cove was designated as wilderness.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal land.--The term ``Federal land'' means--
(A) the approximately 206 acres of Federal land
within the Izembek National Wildlife Refuge in the
State that is depicted on the map as ``King Cove
Road''; and
(B) the approximately 1,600 acres of Federal land
that is depicted on the map as ``Sitkinak Island''.
(2) Landowner.--The term ``landowner'' means--
(A) the State; and
(B) the other owners of the non-Federal land,
including King Cove Corporation.
(3) Map.--The term ``map'' means the map entitled
``Proposed Land Enhancements'' and dated June 2007.
(4) Non-federal land.--The term ``non-Federal land'' means
the approximately 61,723 acres of non-Federal land authorized
to be added to the Refuges under this Act, as depicted on the
map.
(5) Refuge.--The term ``Refuge'' means each of the Izembek
National Wildlife Refuge and the Alaska Peninsula National
Wildlife Refuge in the State.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) State.--The term ``State'' means the State of Alaska.
SEC. 4. CONVEYANCE OF LAND.
(a) In General.--The Secretary shall convey to the State all right,
title, and interest of the United States in and to the Federal land
on--
(1) conveyance by the landowner to the Secretary of title
to the non-Federal land that is acceptable to the Secretary;
and
(2) certification by the Governor of the State that the
State-owned land at Kinzaroff Lagoon has been designated under
State law as a State refuge.
(b) Map.--
(1) Availability.--The map shall be on file and available
for public inspection in the appropriate offices of the
Secretary.
(2) Revised map.--Not later than 180 days after the date of
completion of the conveyance of Federal land and non-Federal
land under this section, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Natural Resources of the House of Representatives
a revised map that depicts the Federal land and non-Federal
land conveyed under this section.
(c) King Cove Road Conveyance.--
(1) In general.--The land described in section 3(1)(A)
shall be used for construction of a State road.
(2) Terms and conditions.--
(A) Cable barrier.--A road constructed under this
subsection shall include a cable barrier on each side
of the road, as described in the record of decision
entitled ``Mitigation Measure MM-11, King Cove Access
Project Final Environmental Impact Statement Record of
Decision'' and dated January 22, 2004.
(B) Support facilities.--Support facilities for a
road constructed under this subsection shall not be
located on federally owned land in the Izembek National
Wildlife Refuge.
(3) Cooperative right-of-way planning process.--
(A) In general.--On request of the State, the
Secretary, in cooperation with the Secretary of
Transportation, the State, the Agdaagux Tribal Council,
the Aleutians East Borough, the City of King Cove, and
the King Cove Corporation, shall undertake a process to
determine the route for the road required to be
constructed under paragraph (1) within the corridor
that is depicted on the map as ``King Cove Road''.
(B) Deadline.--Not later than 18 months after the
date on which the State submits a request under
subparagraph (A), the Secretary shall complete the
planning process required under that subparagraph.
(C) Compatibility.--The route for the road
recommended by the Secretary under this paragraph shall
be considered to be compatible with the purposes for
which the Refuge was established.
(D) Construction.--Construction of the road along
the route recommended by the Secretary under this
paragraph is authorized in accordance with this Act.
(4) Reconveyance.--The Secretary shall, on receipt of a
written request from the State or the King Cove Corporation,
immediately reconvey the applicable non-Federal land to the
appropriate landowner that contributed the land if--
(A) a preliminary or permanent injunction is
entered by a court of competent jurisdiction enjoining
construction or use of the road; or
(B) the State or the King Cove Corporation
determines before construction of the road that the
road cannot be feasibly constructed or maintained.
(d) Applicable Law.--
(1) In general.--The conveyance of Federal land and non-
Federal land shall not be subject to any requirements for
valuation, appraisal, and equalization under any other Federal
law.
(2) ANCSA.--The use of existing roads and the construction
of new roads on King Cove Corporation land to access the road
authorized under this Act shall be considered--
(A) to be consistent with subsection (g) of section
22 of the Alaska Native Claims Settlement Act (43
U.S.C. 1621) and any patents issued under that
subsection; and
(B) not to interfere with the purposes for which
the Refuge was established.
(e) Notice.--The Secretary shall submit to the Committee on Energy
and Natural Resources of the Senate and the Committee on Natural
Resources of the House of Representatives notice of the completion of
the conveyance of Federal land and non-Federal land under this section.
(f) Designation of Wilderness.--On conveyance of the non-Federal
land to the Secretary, the approximately 45,493 acres of land generally
depicted on the map entitled ``Wilderness additions to Izembek and
Alaska Peninsula Wildlife Refuges'' and dated June 2007, shall be
designated as wilderness.
(g) Administration.--The Secretary shall administer the non-Federal
land acquired under this Act--
(1) in accordance with the laws generally applicable to
units of the National Refuge System;
(2) as wilderness, in accordance with the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.); and
(3) subject to valid existing rights. | Izembek and Alaska Peninsula Refuge and Wilderness Enhancement and King Cove Safe Access Act - Directs the Secretary of the Interior to convey to the state of Alaska King Cove Road and Sitkinak Island upon: (1) conveyance by the state and other owners of specified non-federal land, including King Cove Corporation, to the Secretary of title to such non-federal land; and (2) certification by the governor of the state that the state-owned land at Kinzaroff Lagoon has been designated under state law as a state refuge. Requires the King Cove Road conveyance to be used for construction of a state road.
Provides, upon conveyance of the non-federal land to the Secretary, for the designation of the wilderness additions to the Izembek and Alaska Peninsula Wildlife Refuges as wilderness. | {"src": "billsum_train", "title": "To provide for the inclusion of certain non-Federal land in the Izembek and Alaska Peninsula Wildlife Refuges and Wilderness in the State of Alaska and for the granting of a right-of-way for safe and reliable access for the Native Village of King Cove, Alaska, and for other purposes."} | 2,200 | 184 | 0.550277 | 1.81426 | 0.738791 | 5.233333 | 13.04 | 0.953333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Freedom Act of 1993''.
SEC. 2. DEFINITIONS.
(a) Dietary Supplement.--Section 201 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the
following new paragraph:
``(ff) The term `dietary supplement' means an article that--
``(1) includes, and is intended to supplement the diet
with--
``(A) a vitamin;
``(B) a mineral;
``(C) an herb; or
``(D) another similar nutritional substance,
including a concentrate or extract of an item described
in clause (A), (B), or (C); and
``(2)(A) is intended for ingestion in a form described in
paragraph (1)(B)(i) or (2) of section 411(c), or another
similar form; or
``(B) complies with section 411(c)(1)(B)(ii).''.
(b) Drug.--Section 201(g)(1) of such Act is amended by adding at
the end the following: ``A dietary supplement shall not be considered
to be a drug solely because of the potency of a substance in the
dietary supplement. A dietary supplement shall not be considered to be
a drug under clause (B) solely because the labeling or advertising for
the supplement contains a claim, or provides information, that is
described in section 413(b) and meets the requirements specified in
paragraphs (1) and (2) of such section, or that concerns the potency of
a substance in the supplement.''.
(c) Food Additive.--Section 201(s) of such Act is amended--
(1) by redesignating subparagraphs (1) through (5) as
clauses (A) through (E), respectively;
(2) by inserting ``(1)'' after ``(s)''; and
(3) by adding at the end the following:
``(2) A substance in a dietary supplement is not a food additive if
the substance is identified in the labeling of the dietary supplement
as a substance provided by the product to supplement the diet.''.
SEC. 3. DIETARY SUPPLEMENTS.
(a) In General.--Chapter IV of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 341 et seq.) is amended by adding at the end the
following new section:
``SEC. 413. LABELING AND ADVERTISING OF DIETARY SUPPLEMENTS.
``(a) Description.--Notwithstanding any other provision of this
Act, an article that is a dietary supplement may be described as a
dietary supplement in labeling or advertising.
``(b) Relationship to Disease or Health-Related Condition.--
Notwithstanding any other provision of this Act, labeling or
advertising for a dietary supplement may include a claim or other
information that characterizes the relationship of the dietary
supplement, or of one or more of the substances provided by the dietary
supplement, or of the absence of one or more of the substances, to a
disease or health-related condition, if--
``(1) such claim or other information is truthful and not
misleading; and
``(2) there is scientific evidence, whether published or
unpublished, that provides a reasonable basis for such claim or
other information.
``(c) Prohibition on Prior Approval or Regulation.--Notwithstanding
any other provision of this Act, the Secretary shall not establish any
requirement that such a claim or other information that meets the
requirements specified in paragraphs (1) and (2) of subsection (b)
shall be approved by or conform to a regulation issued by the Secretary
before the claim or information may be used.
``(d) Actions.--
``(1) Right of action.--If the Secretary asserts that
labeling or advertising for a dietary supplement includes such
a claim or other information that fails to comply with
paragraph (1) or (2) of subsection (b), whether the Secretary
makes the assertion in a warning letter issued by an officer or
employee of the Department, or in connection with another
action to enforce a provision of this Act, the manufacturer,
processor, packer, distributor, or retailer, of the dietary
supplement, or other person to whom the assertion is addressed,
may--
``(A) bring an action in a United States district
court in any appropriate judicial district under
section 1391 of title 28, United States Code, to secure
a declaratory judgment regarding the validity of the
assertion; and
``(B) obtain any other means of judicial review
authorized by law.
``(2) Inference.--The absence of any action described in
subparagraph (A) or (B) in paragraph (1) with respect to an
assertion shall not establish any inference that the assertion
is valid.''.
(b) Conforming Amendment.--Section 403(r)(5) of such Act (21 U.S.C.
343(r)(5)) is amended by striking clause (D). | Health Freedom Act of 1993 - Amends the Federal Food, Drug, and Cosmetic Act to define "dietary supplement" as an article that: (1) includes, and is intended to supplement the diet with, a vitamin, mineral, or herb; or (2) is intended for ingestion.
Prohibits considering a dietary supplement a drug solely because: (1) of the potency of a substance in such supplement; or (2) the labeling or advertising for the supplement contains a claim concerning potency or a health claim permitted under this Act.
Specifies that a supplement is not a food additive if it is identified in the labeling of the dietary supplement as a substance provided by the product to supplement the diet. Allows a supplement to be described as a dietary supplement in labeling or advertising.
Permits labeling or advertising for such a supplement to include a claim characterizing the relationship of the supplement to a disease or health-related condition, if certain conditions are met.
Prohibits any requirement that a claim that meets the requirements of this Act be approved or conform to a regulation before the claim may be used.
Allows a declaratory judgment on the validity of an assertion that a claim fails to comply with this Act. | {"src": "billsum_train", "title": "Health Freedom Act of 1993"} | 1,148 | 274 | 0.676196 | 1.731607 | 0.854063 | 4.330544 | 4.32636 | 0.916318 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``El Camino Real de Tierra Adentro
National Historic Trail Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) El Camino Real de Tierra Adentro (the Royal Road of the
Interior), served as the primary route between the colonial
Spanish capital of Mexico City and the Spanish provincial
capitals at San Juan de Los Caballeros (1598-1600), San Gabriel
(1600-1609) and then Santa Fe (1610-1821).
(2) The portion of El Camino Real de Tierra Adentro that
resided in what is now the United States extended between El
Paso, Texas and present San Juan Pueblo, New Mexico, a distance
of 404 miles;
(3) El Camino Real is a symbol of the cultural interaction
between nations and ethnic groups and of the commercial
exchange that made possible the development and growth of the
borderland;
(4) American Indian groups, especially the Pueblo Indians
of the Rio Grande, developed trails for trade long before
Europeans arrived;
(5) In 1598, Juan de Onate led a Spanish military
expedition along those trails to establish the northern portion
of El Camino Real;
(6) During the Mexican National Period and part of the U.S.
Territorial Period, El Camino Real de Tierra Adentro
facilitated the emigration of people to New Mexico and other
areas that would become the United States;
(7) The exploration, conquest, colonization, settlement,
religious conversion, and military occupation of a large area
of the borderlands was made possible by this route, whose
historical period extended from 1598 to 1882;
(8) American Indians, European emigrants, miners, ranchers,
soldiers, and missionaries used El Camino Real during the
historic development of the borderlands. These travelers
promoted cultural interaction among Spaniards, other Europeans,
American Indians, Mexicans, and Americans;
(9) El Camino Real fostered the spread of Catholicism,
mining, an extensive network of commerce, and ethnic and
cultural traditions including music, folklore, medicine, foods,
architecture, language, place names, irrigation systems, and
Spanish law.
SEC. 3. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a))
is amended--
(1) by designating the paragraphs relating to the
California National Historic Trail, the Pony Express National
Historic Trail, and the Selma to Montgomery National Historic
Trail as paragraphs (18), (19), and (20), respectively; and
(2) by adding at the end the following:
``(21) El camino real de tierra adentro.--
``(A) El Camino Real de Tierra Adentro (the Royal Road of
the Interior) National Historic Trail, a 404 mile long trail
from the Rio Grande near El Paso, Texas to San Juan Pueblo, New
Mexico, as generally depicted on the maps entitled `United
States Route: El Camino Real de Tierra Adentro', contained in
the report prepared pursuant to subsection (b) entitled
`National Historic Trail Feasibility Study and Environmental
Assessment: El Camino Real de Tierra Adentro, Texas-New
Mexico', dated March 1997.
``(B) Map.--A map generally depicting the trail shall be on
file and available for public inspection in the Office of the
National Park Service, Department of Interior.
``(C) Administration.--The trail shall be administered by
the Secretary of the Interior.
``(D) Land acquisition.--No lands or interests therein
outside the exterior boundaries of any federally administered
area may be acquired by the Federal Government for El Camino
Real de Tierra Adentro.
``(E) Volunteer groups; consultation.--The Secretary of the
Interior shall--
``(i) encourage volunteer trail groups to
participate in the development and maintenance of the
trail; and
``(ii) consult with other affected Federal, State,
local governmental, and tribal agencies in the
administration of the trail.
``(F) Coordination of activities.--The Secretary of the
Interior may coordinate with United States and Mexican public
and non-governmental organizations, academic institutions, and,
in consultation with the Secretary of State, the Government of
Mexico and its political subdivisions, for the purpose of
exchanging trail information and research, fostering trail
preservation and educational programs, providing technical
assistance, and working to establish an international historic
trail with complementary preservation and education programs in
each nation.''.
Passed the House of Representatives September 18, 2000.
Attest:
JEFF TRANDAHL,
Clerk. | Directs the Secretary of the Interior to administer the trail.
Directs the Secretary to: (1) encourage volunteer groups to develop and maintain the trail; and (2) consult with affected Federal, State, local governmental, and tribal agencies in its administration. Authorizes the Secretary to coordinate trail activities and programs with the Government of Mexico and Mexican non-governmental organizations and academic institutions. | {"src": "billsum_train", "title": "El Camino Real de Tierra Adentro National Historic Trail Act"} | 1,067 | 76 | 0.459538 | 1.258324 | 0.138498 | 2.72 | 12.653333 | 0.906667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Regulator Accountability
Act''.
SEC. 2. HEALTH PLANS CREATED UNDER PPACA OR OFFERED THROUGH EXCHANGES
TO BE ONLY HEALTH PLANS FEDERAL GOVERNMENT MAY MAKE
AVAILABLE TO FEDERAL EMPLOYEES RESPONSIBLE FOR
ADMINISTRATION OF PPACA.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) in the subparagraph heading, by striking ``Members of
congress'' and inserting ``Members of congress and certain
federal employees'';
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking ``after the effective date of this
subtitle,'' and inserting ``after December 31, 2013,'';
(B) by striking ``Members of Congress and
congressional staff'' and inserting ``Members of
Congress, congressional staff, and Federal employees
responsible for the administration of this Act''; and
(C) by striking ``a Member of Congress or
congressional staff'' and inserting ``a Member of
Congress, congressional staff, or Federal employee
responsible for the administration of this Act''; and
(3) in clause (ii), by adding at the end the following:
``(III) Federal employee
responsible for the administration of
this act.--The term `Federal employee
responsible for the administration of
this Act', as used with respect to a
year, means a Federal employee--
``(aa) who holds a position
in the Department of Health and
Human Services, the Internal
Revenue Service, or any other
Executive agency (as defined by
section 105 of title 5, United
States Code) during such year;
and
``(bb) the duties and
responsibilities of whose
position (as described in item
(aa)) during such year--
``(AA) involves the
promulgation of rules
or regulations to carry
out this Act (or
amendments made by this
Act);
``(BB) involves the
enforcement of this Act
(or amendments made by
this Act); or
``(CC) otherwise
involves the
administration of this
Act (or amendments made
by this Act),
as determined under regulations
promulgated by the head of the
employing agency.
``(IV) Federal employee.--The term
`Federal employee' means an `employee',
as defined in section 2105 of title 5,
United States Code, and includes an
individual to whom subsection (c) or
(f) of such section 2105 pertains
(whether or not such individual
otherwise satisfies such section).''.
SEC. 3. ENFORCEMENT.
(a) In General.--The Secretary of Health and Human Services, the
Director of the Internal Revenue Service, and the head of any other
agency involved in promulgating rules or regulations to carry out or to
enforce the Patient Protection and Affordable Care Act or any
amendments made by such Act (as described in the amendment made by
section 2(3)) may not, in any fiscal year, obligate or expend more than
90 percent of the funds made available for the salaries and expenses of
the office of the Secretary, Director, or head (as the case may be) for
such fiscal year unless such regulations are promulgated and take
effect before the close of such fiscal year.
(b) Rescission.--Any amounts which (by virtue of subsection (a))
remain precluded from obligation or expenditure on the last day of any
fiscal year shall be rescinded on the close of such last day.
(c) Limitation.--Nothing in this section shall be considered to
affect any funds or other amounts to the extent that such amounts would
(disregarding this section) otherwise be available for purposes apart
from salaries or other administrative expenses of the office involved. | Health Care Regulator Accountability Act - Amends the Patient Protection and Affordable Care Act (PPACA) to prohibit the federal government from making any health care plan available to Department of Health and Human Services (HHS), Internal Revenue Service (IRS), or any other federal executive agency employees responsible for the administration of the Act except a health plan created under it or offered through an American Health Benefit Exchange. Prohibits the Secretary of HHS, the IRS Director, and the head of any other agency involved in promulgating rules or regulations to carry out or to enforce PPACA, or any amendments made by it, from obligating or expending, in any fiscal year, more than 90% of the funds made available for the salaries and expenses of their offices unless those regulations are promulgated and take effect before the fiscal year's close. Requires rescission of any amounts which remain precluded from obligation or expenditure on that last day of the fiscal year. | {"src": "billsum_train", "title": "Health Care Regulator Accountability Act"} | 907 | 211 | 0.505886 | 1.425603 | 0.741136 | 3.775281 | 4.5 | 0.853933 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Hospital Quality Report Card Act of 2009''.
SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HOSPITAL QUALITY REPORT CARD
INITIATIVE.
(a) Purpose.--The purpose of this section is to provide for the
establishment within the Department of Veterans Affairs of an
initiative to be known as the ``Hospital Quality Report Card
Initiative'' to ensure that information on the quality and performance
of hospitals administered by the Secretary of Veterans Affairs is
readily available and accessible for purposes as follows:
(1) To inform patients and consumers about health care
quality in such hospitals.
(2) To assist health care providers of the Department of
Veterans Affairs in identifying opportunities for quality
improvement and cost containment.
(3) To enhance the understanding of policy makers and
public officials of health care issues, raise public awareness
of hospital quality issues, and help constituents of such
policy makers and officials identify quality health care
options for the Department of Veterans Affairs.
(b) Establishment.--Subchapter I of chapter 17 of title 38, United
States Code, is amended by inserting after section 1706 the following
new section:
``Sec. 1706A. Management of health care: Hospital Quality Report Card
Initiative
``(a) In General.--Not later than 18 months after the date of the
enactment of the Department of Veterans Affairs Hospital Quality Report
Card Act of 2009, the Secretary shall establish and implement an
initiative, to be known as the `Hospital Quality Report Card
Initiative' (in this section referred to as the `Initiative'), to
report on health care quality in Department medical centers.
``(b) Publication of Information on Quality and Performance of
Department Medical Centers.--(1)(A) Under the Initiative, not less
frequently than twice each year, the Secretary shall make available to
the public a report containing the most current information on the
quality and performance of each Department medical center. Such
information shall include quality measures that allow for an assessment
with respect to health care provided by Department medical centers, of
the following:
``(i) Effectiveness.
``(ii) Safety.
``(iii) Timeliness.
``(iv) Efficiency.
``(v) Patient centered.
``(vi) Patient satisfaction.
``(vii) Satisfaction of health professionals employed at
Department medical centers.
``(viii) The equity of care provided to various patient
populations, including female, geriatric, disabled, rural,
homeless, mentally ill, and racial and ethnic minority
populations.
``(B) For each quality measure reported under subparagraph (A), the
Secretary shall include a quality measure represented by an incremental
letter grade scale, with `A+' being the highest and `F' being the
lowest, based on information reported in paragraph (2) and such other
information as the Secretary considers appropriate.
``(2)(A) In reporting information pursuant to paragraph (1), the
Secretary shall, except as provided in subparagraph (B), include to the
maximum extent practicable information about Department medical centers
relating to--
``(i) staffing levels of nurses and other health
professionals, as appropriate;
``(ii) rates of nosocomial infections;
``(iii) the volume of each of the different types of
procedures performed;
``(iv) hospital sanctions and other violations;
``(v) the quality of care provided to various patient
populations, including female, geriatric, disabled, rural,
homeless, mentally ill, and racial and ethnic minority
populations;
``(vi) the availability of emergency rooms, intensive care
units, maternity care, and specialty services;
``(vii) the quality of care in various hospital settings,
including inpatient, outpatient, emergency, maternity, and
intensive care unit settings;
``(viii) ongoing patient safety initiatives;
``(ix) use of health information technology systems; and
``(x) such other matters the Secretary considers
appropriate.
``(B) In making a report available to the public under paragraph
(1), the Secretary may provide information in addition to the
information required by subparagraph (A) or provide information in lieu
of the information required by subparagraph (A) if the Secretary--
``(i) not later than 15 days before the date on which such
report is made available to the public, submits to the
Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a
certification in writing that such additional or substituted
information is more appropriate for purposes of carrying out
the requirement of paragraph (2)(B); and
``(ii) includes in such report and certification an
indication of which information has been added or substituted
under this subparagraph.
``(3)(A) In reporting information as provided for under paragraph
(1), the Secretary may risk adjust quality measures to account for
differences relating to--
``(i) the characteristics of the reporting Department
medical center, such as licensed bed size, geography, and
teaching hospital status; and
``(ii) patient characteristics, such as health status,
severity of illness, and socioeconomic status.
``(B) If the Secretary reports data under paragraph (1) using risk-
adjusted quality measures, the Secretary shall establish procedures for
making the unadjusted data available to the public in a manner
determined appropriate by the Secretary.
``(4) Under the Initiative, the Secretary may verify information
reported under this subsection to ensure accuracy and validity.
``(5) Before disclosing to the public any information under this
subsection, the Secretary shall disclose the methodology for the
reporting of such information and the nature and scope of such
information to each--
``(A) organization the Secretary considers relevant to such
information; and
``(B) Department medical center that is the subject of such
information.
``(6)(A) For each report made available to the public under
paragraph (1), the Secretary shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of the
House of Representatives a copy of such report.
``(B) The Secretary shall ensure that each report made available to
the public under paragraph (1) is made available--
``(i) in an electronic format;
``(ii) in a manner that can be understood by individuals
who are not medical professionals and individuals with low
functional health literacy; and
``(iii) at each Department medical centers covered by the
report.
``(C) The Secretary shall ensure that information on health care
quality is provided in a manner that is conducive for comparisons with
other local hospitals or regional hospitals, as appropriate.
``(D) The Secretary shall establish procedures for making the
information covered by reports made available to the public under
paragraph (1) available to the public upon request in non-electronic
format, such as through a toll-free telephone number.
``(7) The analytic methodologies and limitations on information
sources utilized by the Secretary to develop and disseminate the
comparative information under this subsection shall be identified and
acknowledged in a notice or disclaimer as part of the dissemination of
such information, and include the appropriate and inappropriate uses of
such information.
``(c) Identifying and Reporting Actions That Could Lead to False or
Artificial Improvements in Quality Measurements.--Not less frequently
than annually, the Secretary shall compare quality measures data
submitted by each Department medical center to the Secretary with
quality measures data submitted to the Secretary in the prior year or
years by each such Department medical center in order to identify and
report actions that could lead to false or artificial improvements in
the quality measurements of such Department medical centers.
``(d) Privacy and Security.--(1) The Secretary shall develop and
implement effective safeguards to protect against the unauthorized use
or disclosure of Department medical center data that is reported under
this section.
``(2) The Secretary shall develop and implement effective
safeguards to protect against the dissemination of inconsistent,
incomplete, invalid, inaccurate, or subjective Department medical
center data.
``(3) The Secretary shall ensure that identifiable patient data
shall not be released to the public.
``(e) Periodic Reports.--(1) The Secretary shall periodically
submit to Congress a report on the effectiveness of the Initiative.
``(2) Each report required by paragraph (1) shall include the
following:
``(A) An assessment of the effectiveness of the Initiative
in meeting the purpose described in section 2(a) of the
Department of Veterans Affairs Hospital Quality Report Card Act
of 2009.
``(B) A description of the measures the Secretary can
undertake to ensure that the Initiative meets such purpose.
``(3) The Secretary shall carry out each measure the Secretary
includes in a report under paragraph (2)(B).
``(4) The Secretary shall make each report submitted under
paragraph (1) available to the public.
``(f) Department Medical Center Defined.--In this section, the term
`Department medical center' means a Department of Veterans Affairs
Medical Center administered by the Secretary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2010 through 2018.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of such title is amended by inserting after the item
relating to section 1706 the following new item:
``1706A. Management of health care: Hospital Quality Report Card
Initiative.''. | Department of Veterans Affairs Hospital Quality Report Card Act of 2009 - Directs the Secretary of Veterans Affairs to establish and implement a Hospital Quality Report Card Initiative to report on health care quality in Department of Veterans Affairs (VA) medical centers. Requires the Secretary, at least semiannually, to make available to the public and to submit to the congressional Veterans' Committees reports on the quality of each VA medical center. | {"src": "billsum_train", "title": "A bill to amend title 38, United States Code, to establish a Hospital Quality Report Card Initiative to report on health care quality in Department of Veterans Affairs Medical Centers, and for other purposes."} | 2,064 | 88 | 0.685453 | 1.680346 | 0.867662 | 3.487179 | 26.076923 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protection From Coercive Employment
Agreements Act''.
SEC. 2. CIVIL RIGHTS ACT OF 1964.
(a) In General.--Section 704 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-3) is amended by adding at the end the following:
``(c) It shall be an unlawful employment practice for an employer
to--
``(1) fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual
with respect to the compensation, terms, conditions, or
privileges of employment of the individual, because the
individual refuses to submit any claim under this title to
mandatory arbitration; or
``(2) make the submission of such claim to mandatory
arbitration a condition of the hiring, continued employment, or
compensation, or a term, condition, or privilege of employment,
of the individual.''.
(b) Federal Government Employment.--Section 717(a) of such Act (42
U.S.C. 2000e-16(a)) is amended by striking the period and inserting the
following: ``, including any unlawful employment practice described in
section 704(c).''.
SEC. 3. AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967.
(a) In General.--Section 4 of the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 623) is amended by inserting after subsection
(f) the following:
``(g) It shall be unlawful for an employer to--
``(1) fail or refuse to hire or to discharge any
individual, or otherwise to discriminate against any individual
with respect to the compensation, terms, conditions, or
privileges of employment of the individual, because the
individual refuses to submit any claim under this Act to
mandatory arbitration; or
``(2) make the submission of such claim to mandatory
arbitration a condition of the hiring, continued employment, or
compensation, or a term, condition, or privilege of employment,
of the individual.''.
(b) Federal Government Employment.--Section 15(a) of such Act (29
U.S.C. 633a(a)) is amended by striking the period and inserting the
following: ``, including any unlawful practice described in section
4(g).''.
SEC. 4. AMERICANS WITH DISABILITIES ACT OF 1990.
Section 102 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112) is amended--
(1) in subsection (b)--
(A) at the end of paragraph (6), by striking
``and'';
(B) in paragraph (7), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) conducting an act prohibited by subsection (c).'';
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Prohibition on Required Submission to Mandatory
Arbitration.--No covered entity shall discriminate against a qualified
individual with a disability--
``(1) in regard to job application procedures, the hiring,
advancement, or discharge of employees, employee compensation,
job training, and other terms, conditions, and privileges of
employment, because the individual refuses to submit any claim
under this title to mandatory arbitration; or
``(2) by making the submission of such claim to mandatory
arbitration a condition of the eligibility to apply for
employment, hiring, advancement, continued employment, employee
compensation, or job training, or a term, condition, or
privilege of employment, of the individual.''.
SEC. 5. REHABILITATION ACT OF 1973.
(a) Employment by Departments, Agencies, and Instrumentalities.--
Section 501(b) of the Rehabilitation Act of 1973 (29 U.S.C. 791(b)) is
amended by inserting after the first sentence the following: ``Such
plan shall include provisions prohibiting the department, agency, or
instrumentality from conducting any discrimination prohibited under
section 102(c) of the Americans with Disabilities Act of 1990 (42
U.S.C. 12112(c)) with respect to a claim under this section.''.
(b) Employment Under Federal Contracts.--Section 503(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 793(a)) is amended by inserting
after the first sentence the following: ``Such contract shall include
provisions prohibiting the party from conducting any discrimination
prohibited under section 102(c) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12112(c)) with respect to a claim under this
section.''.
SEC. 6. REVISED STATUTES.
Section 1977 of the Revised Statutes (42 U.S.C. 1981) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) With respect to contracts relating to employment between such
a person and another individual or entity, no such individual or entity
shall--
``(1) fail or refuse to hire or to discharge the person, or
otherwise to discriminate against the person with respect to
the compensation, terms, conditions, or privileges of
employment of the person, because the person refuses to submit
any claim under this section to mandatory arbitration; or
``(2) make the submission of such claim to mandatory
arbitration a condition of the hiring, continued employment, or
compensation, or a term, condition, or privilege of employment,
of the person.''. | Protection From Coercive Employment Agreements Act - Amends the Civil Rights Act of 1964 and certain other civil rights laws to prohibit employers from requiring employees to submit employment discrimination claims to mandatory arbitration. | {"src": "billsum_train", "title": "Protection From Coercive Employment Agreements Act"} | 1,302 | 45 | 0.468814 | 1.1477 | 0.776846 | 2.314286 | 32.942857 | 0.771429 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Export Embargo Act''.
SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF IRAN.
The Iran Freedom and Counter-Proliferation Act of 2012 (22 U.S.C.
8801 et seq.) is amended by inserting after section 1245 the following:
``SEC. 1245A. IMPOSITION OF SANCTIONS WITH RESPECT TO THE GOVERNMENT OF
IRAN.
``(a) Findings.--Congress makes the following findings:
``(1) The Government of Iran stands in violation of the
United Nations Universal Declaration of Human Rights, adopted
at Paris December 10, 1948, by denying its citizens basic
freedoms, including the freedoms of expression, religion, and
peaceful assembly and movement, and for flagrantly abusing the
rights of minorities and women.
``(2) The Government of Iran remains the leading state
sponsor of terrorism in the world. That Government's
sponsorship of terrorism includes recent involvement in a
terrorist attack in Bulgaria, a plot to blow up a cafe in
Washington, DC, a plot to assassinate United States officials
in the Republic of Azerbaijan, and attempted terrorist attacks
in Canada and the Republic of Georgia.
``(3) The Government of Iran stands in violation of United
Nations Security Council Resolutions 1737 (2006), 1747 (2007),
1803 (2008), and 1929 (2010) by refusing to suspend
proliferation-sensitive nuclear activities, including all
enrichment-related and reprocessing activities and work on all
heavy water-related projects.
``(4) The Government of Iran continues to develop ballistic
missiles capable of threatening the interests and allies of the
United States.
``(5) The Government of Iran stands in violation of United
Nations Security Council Resolution 1701 (2006) by its
continued transfer of arms to terrorist groups in southern
Lebanon.
``(6) The Government of Iran continues to provide arms to
terrorist groups in the Gaza Strip.
``(7) The Government of Iran continues to support the
Government of Syria in carrying out human rights abuses and
crimes against humanity against the people of Syria.
``(b) Blocking of Property.--On and after the date that is 60 days
after the date of the enactment of this Act, the President shall block
and prohibit all transactions in all property and interests in property
of a person described in subsection (f) if such property and interests
in property are in the United States, come within the United States, or
are or come within the possession or control of a United States person.
``(c) Facilitation of Certain Transactions.--The President shall
prohibit the opening, and prohibit or impose strict conditions on the
maintaining, in the United States of a correspondent account or a
payable-through account by a foreign financial institution that the
President determines has knowingly, on or after the date that is 60
days after the date of the enactment of this Act, conducted or
facilitated a significant transaction with respect to the importation,
sale, or transfer of goods or services from Iran on behalf of a person
described in subsection (f).
``(d) Importation, Sale, or Transfer of Goods and Services From
Iran.--The President shall impose sanctions pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
with respect to a person if the President determines that the person
knowingly, on or after the date that is 60 days after the date of the
enactment of this Act, imports, purchases, or transfers goods or
services from a person described in subsection (f).
``(e) Insurance and Reinsurance.--
``(1) In general.--The President shall impose sanctions
pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) with respect to a person if the President
determines that the person knowingly, on or after the date that
is 60 days after the date of the enactment of this Act,
provides underwriting services or insurance or reinsurance to a
person described in subsection (f).
``(2) Exception for underwriters and insurance providers
exercising due diligence.--The President may not impose
sanctions under paragraph (1) with respect to a person that
provides underwriting services or insurance or reinsurance if
the President determines that the person has exercised due
diligence in establishing and enforcing official policies,
procedures, and controls to ensure that the person does not
underwrite or enter into a contract to provide insurance or
reinsurance for a person described in subsection (f).
``(f) Persons Described.--A person described in this subsection is
any of the following:
``(1) The state and the Government of Iran, or any
political subdivision, agency, or instrumentality of that
Government, including the Central Bank of Iran.
``(2) Any person owned or controlled, directly or
indirectly, by that Government.
``(3) Any person acting or purporting to act, directly or
indirectly, for or on behalf of that Government.
``(4) Any other person determined by the President to be
described in paragraph (1), (2), or (3).
``(g) Rule of Construction.--A person described in subsection (f)
is subject to sanctions under this section without regard to whether
the name of the person is published in the Federal Register or
incorporated into the list of specially designated nationals and
blocked persons maintained by the Office of Foreign Assets Control of
the Department of the Treasury.
``(h) Applicability to Exports of Crude Oil From Iran.--Subsections
(c) and (d) shall apply with respect to the exportation, importation,
sale, or transfer of crude oil from Iran on and after the date that is
180 days after the date of the enactment of this Act.''. | Iran Export Embargo Act - Amends the Iran Freedom and Counter-Proliferation Act of 2012 to direct the President to prohibit all transactions in property and property interests of a person (as defined in this Act) if such property and property interests are in the United States or within the possession or control of a U.S. individual. Directs the President to prohibit the opening, and prohibit or impose strict conditions on the maintaining, in the United States of a correspondent account or a payable-through account by a foreign financial institution that has knowingly conducted or facilitated a significant transaction with respect to the importation, sale, or transfer of goods or services from Iran on behalf of a described person. Directs the President to impose sanctions pursuant to the International Emergency Economic Powers Act with respect to an individual that knowingly: (1) imports, purchases, or transfers goods or services from a described person; and (2) provides underwriting services or insurance or reinsurance to a described person. Describes a "person" as: (1) the state and the government of Iran, or any political subdivision, agency, or instrumentality of such government, including the Central Bank of Iran; (2) any person owned or controlled by, or acting for or on behalf of, such government; or (3) any other person determined by the President to be described in clauses (1) or (2). | {"src": "billsum_train", "title": "Iran Export Embargo Act"} | 1,301 | 295 | 0.510781 | 1.574611 | 0.652852 | 6.475836 | 4.468401 | 0.936803 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Helping Overcome Trauma for Children
Alone in Rear Seats Act of 2017'' or the ``HOT CARS Act of 2017''.
SEC. 2. CHILD SAFETY.
(a) Amendment.--
(1) In general.--Chapter 323 of title 49, United States
Code, is amended by adding after section 32304A the following:
``Sec. 32304B. Child safety
``(a) Definitions.--In this section:
``(1) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.
``(2) Rear designated seating position.--The term `rear
designated seating position' means designated seating positions
that are rearward of the front seat.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(b) Rulemaking.--Not later than 2 years after the date of the
enactment of the HOT CARS Act of 2017, the Secretary shall issue a
final rule requiring all new passenger motor vehicles weighing less
than 10,000 pounds gross vehicle weight to be equipped with a system to
alert the operator to check rear designated seating positions after the
vehicle engine or motor is deactivated by the operator.
``(c) Means.--The alert required under subsection (b)--
``(1) shall include a distinct auditory and visual alert,
which may be combined with a haptic alert; and
``(2) shall be activated when the vehicle motor is
deactivated by the operator.
``(d) Phase-in.--The rule issued pursuant to subsection (b) shall
require full compliance with the rule beginning on September 1st of the
first calendar year that begins 2 years after the date on which the
final rule is issued.''.
(2) Clerical amendment.--The analysis for chapter 323 of
title 49, United States Code, is amended by striking the item
relating to section 32304A and inserting the following:
``32304A. Consumer tire information and standards.
``32304B. Child safety.''.
(b) Awareness of Children in Motor Vehicles.--Section 402 of title
23, United States Code, is amended by inserting after subsection (k)
the following:
``(l) Unattended Passengers.--
``(1) In general.--Each State shall use a portion of the
amounts it receives under this section to carry out a program
to educate the public on the risks of leaving a child or
unattended passenger in a vehicle after the vehicle motor is
deactivated by the operator.
``(2) Program placement.--A State does not need to carry
out the program described in paragraph (1) through the State
transportation or highway safety office.''.
(c) Study and Report.--
(1) Independent study.--
(A) Agreement.--
(i) In general.--The Secretary of
Transportation shall enter into an agreement or
a contract with an independent third-party that
does not have any financial or contractual ties
with passenger motor vehicle manufacturers or
technology companies producing child reminder
alert systems to perform the services under
this paragraph.
(ii) Timing.--The Secretary shall enter
into the agreement or contract described in
clause (i) not later than the date that the
Secretary determines is the latest date by
which completion of the services under this
paragraph will allow the Secretary enough time
to prepare and submit the study required under
paragraph (2) in accordance with such
paragraph.
(B) Independent study.--
(i) In general.--Under an agreement between
the Secretary and an independent third-party
under this paragraph, the independent third-
party shall carry out a study on retrofitting
existing passenger motor vehicles with
technology to address the problem of children
left in rear designated seating positions of
motor vehicles after the motor vehicles have
been deactivated by the operator of the
vehicle.
(ii) Elements.--In carrying out the study
required under clause (i), the independent
third-party shall--
(I) survey and evaluate a variety
of methods used by current and emerging
aftermarket technology or products to
solve the problem of children being
left in a rear designated seating
position after the vehicle motor is
deactivated by the operator;
(II) make recommendations for
manufacturers of such technology or
products to undergo a functional safety
performance to ensure that the products
perform as designed by the manufacturer
under a variety of real world
conditions; and
(III) provide recommendations for
consumers on how to select such
technology or products in order to
retrofit existing vehicles.
(2) Report.--During the 180-day period beginning on the
date on which the Secretary of Transportation issues the final
rule required under section 32304B(b) of title 49, United
States Code, as added by subsection (a)(1), the Secretary shall
submit the results of the study carried out under paragraph (1)
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the
House of Representatives. | Helping Overcome Trauma for Children Alone in Rear Seats Act of 2017 or the HOT CARS Act of 2017 This bill directs the Department of Transportation (DOT) to issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear designated seating positions after the vehicle engine is turned off. The alert shall: (1) include a distinct auditory and visual alert, which may be combined with a haptic alert (i.e., vibrations); and (2) be activated when the vehicle engine is turned off. DOT must enter into an agreement with an independent third-party for a study on retrofitting existing passenger motor vehicles with technology to address the problem of children left in rear seats after the vehicle engine is turned off. | {"src": "billsum_train", "title": "Helping Overcome Trauma for Children Alone in Rear Seats Act of 2017"} | 1,112 | 179 | 0.595483 | 1.763664 | 0.795384 | 5.525641 | 6.564103 | 0.910256 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Local Community Radio Act of 2009''.
SEC. 2. AMENDMENT.
Section 632 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2001 (Public Law
106-553; 114 Stat. 2762A-111), is amended to read as follows:
``Sec. 632. (a) The Federal Communications Commission shall modify
the rules authorizing the operation of low-power FM radio stations, as
proposed in MM Docket No. 99-25, to--
``(1) prescribe protection for co-channels and first- and
second-adjacent channels; and
``(2) prohibit any applicant from obtaining a low-power FM
license if the applicant has engaged in any manner in the
unlicensed operation of any station in violation of section 301
of the Communications Act of 1934 (47 U.S.C. 301).
``(b) Any license that was issued by the Federal Communications
Commission to a low-power FM station prior to April 2, 2001, and that
does not comply with the modifications adopted by the Commission in MM
Docket No. 99-25 on April 2, 2001, shall remain invalid.''.
SEC. 3. MINIMUM DISTANCE SEPARATION REQUIREMENTS.
The Federal Communications Commission shall modify its rules to
eliminate third-adjacent minimum distance separation requirements
between--
(1) low-power FM stations; and
(2) full-service FM stations, FM translator stations, and
FM booster stations.
SEC. 4. PROTECTION OF RADIO READING SERVICES.
The Federal Communications Commission shall comply with its
existing minimum distance separation requirements for full-service FM
stations, FM translator stations, and FM booster stations that
broadcast radio reading services via an analog subcarrier frequency to
avoid potential interference by low-power FM stations.
SEC. 5. ENSURING AVAILABILITY OF SPECTRUM FOR LOW-POWER FM STATIONS.
The Federal Communications Commission, when licensing new FM
translator stations, FM booster stations, and low-power FM stations,
shall ensure--
(1) that licenses are available to FM translator stations,
FM booster stations, and low-power FM stations; and
(2) that such decisions are made based on the needs of the
local community.
SEC. 6. PROTECTION OF TRANSLATOR INPUT SIGNALS.
The Federal Communications Commission shall modify its rules to
address the potential for predicted interference to FM translator input
signals on third-adjacent channels set forth in section 2.7 of the
technical report entitled ``Experimental Measurements of the Third-
Adjacent Channel Impacts of Low-Power FM Stations, Volume One--Final
Report (May 2003)''.
SEC. 7. ENSURING EFFECTIVE REMEDIATION OF INTERFERENCE.
The Federal Communications Commission shall modify the interference
complaint process described in section 73.810 of its rules (47 CFR
73.810) as follows:
(1) With respect to those low-power FM stations licensed at
locations that do not satisfy third-adjacent channel spacing
requirements under section 73.807 of the Commission's rules (47
CFR 73.807), the Federal Communications Commission shall
provide the same interference protections that FM translator
stations and FM booster stations are required to provide as set
forth in section 74.1203 of its rules (47 CFR 74.1203) as in
effect on the date of enactment of this Act.
(2) For a period of 1 year after a new low-power FM station
is constructed on a third-adjacent channel, such low-power FM
station shall be required to broadcast periodic announcements
that alert listeners that interference that they may be
experiencing could be the result of the operation of such low-
power FM station on a third-adjacent channel and shall instruct
affected listeners to contact such low-power FM station to
report any interference. The Federal Communications Commission
shall require all newly constructed low-power FM stations on
third-adjacent channels to--
(A) notify the Federal Communications Commission
and all affected stations on third-adjacent channels of
an interference complaint by electronic communication
within 48 hours after the receipt of such complaint;
and
(B) cooperate in addressing any such interference.
(3) Low-power FM stations on third-adjacent channels shall
be required to address complaints of interference within the
protected contour of an affected station and shall be
encouraged to address all other interference complaints,
including complaints to the Federal Communications Commission
based on interference to a full-service FM station, an FM
translator station, or an FM booster station by the transmitter
site of a low-power FM station on a third-adjacent channel at
any distance from the full-service FM station, FM translator
station, or FM booster station. The Federal Communications
Commission shall provide notice to the licensee of a low-power
FM station of the existence of such interference within 7
calendar days of the receipt of a complaint from a listener or
another station.
(4) To the extent possible, the Federal Communications
Commission shall grant low-power FM stations on third-adjacent
channels the technical flexibility to remediate interference
through the colocation of the transmission facilities of the
low-power FM station and any stations on third-adjacent
channels.
(5) The Federal Communications Commission shall--
(A) permit the submission of informal evidence of
interference, including any engineering analysis that
an affected station may commission;
(B) accept complaints based on interference to a
full-service FM station, FM translator station, or FM
booster station by the transmitter site of a low-power
FM station on a third-adjacent channel at any distance
from the full-service FM station, FM translator
station, or FM booster station; and
(C) accept complaints of interference to mobile
reception.
SEC. 8. FCC STUDY ON IMPACT OF LOW-POWER FM STATIONS ON FULL-SERVICE
COMMERCIAL FM STATIONS.
(a) In General.--The Federal Communications Commission shall
conduct an economic study on the impact that low-power FM stations will
have on full-service commercial FM stations.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Federal Communications Commission shall submit a report
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Energy and Commerce of the House of
Representatives on the study conducted under subsection (a).
(c) Licensing Not Affected by Study.--Nothing in this section shall
affect the licensing of new low-power FM stations as otherwise
permitted under this Act.
Passed the House of Representatives December 16, 2009.
Attest:
LORRAINE C. MILLER,
Clerk. | Local Community Radio Act of 2009 - (Sec. 2) Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2001 to require the Federal Communications Commission (FCC) to modify the rules authorizing the operation of low-power FM radio stations, as proposed in MM Docket No. 99-25, to: (1) prescribe protection for co-channels and first- and second-adjacent channels; and (2) prohibit any applicant from obtaining a low-power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of the Communications Act of 1934. (Current law is the same, except that clause (1) instead requires prescribing minimum distance separations for third-adjacent channels, as well as for co-channels and first- and second-adjacent channels.)
States that any license that was issued by the FCC to a low-power FM station prior to April 2, 2001, and that does not comply with the modifications adopted by the Commission in the above docket on April 2, 2001, shall remain invalid.
Eliminates provisions prohibiting the FCC from extending the eligibility for application for low-power FM stations beyond the organizations and entities as proposed in the above docket.
(Sec. 3) Requires the FCC to eliminate third-adjacent minimum distance separation requirements between: (1) low-power FM stations; and (2) full-service FM stations, FM translator stations, and FM booster stations.
(Sec. 4) Requires the FCC to comply with its existing minimum distance separation requirements for full-service FM stations, FM translator stations, and FM booster stations that broadcast radio reading services via an analog subcarrier frequency to avoid potential interference by low-power FM stations.
(Sec. 5) Requires the FCC, when licensing new FM translator stations, FM booster stations, and low-power FM stations, to ensure that: (1) licenses are available to FM translator stations, FM booster stations, and low-power FM stations; and (2) such decisions are made based on the needs of the local community.
(Sec. 6) Requires the FCC to modify its rules to address the potential for predicted interference to FM translator input signals on third-adjacent channels set forth in a specified technical report.
(Sec. 7) Requires the FCC to modify the interference complaint process in specified ways.
(Sec. 8) Requires the FCC to study and report to Congress on the impact that low-power FM stations will have on full-service commercial FM stations. | {"src": "billsum_train", "title": "To implement the recommendations of the Federal Communications Commission report to the Congress regarding low-power FM service."} | 1,468 | 586 | 0.833035 | 2.424654 | 0.706407 | 7.217221 | 2.677104 | 0.931507 |
SECTION 1. GRANTS AUTHORIZED.
Title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et
seq.) is amended by adding at the end the following:
``PART C--EARLY CHILDHOOD EDUCATION PROFESSIONAL DEVELOPMENT AND CAREER
SYSTEM
``SEC. 231. SHORT TITLE.
``This part may be cited as the `Early Childhood Education
Professional Development and Career System Grants Act'.
``SEC. 232. FINDINGS.
``Congress makes the following findings:
``(1) According to 2005 data from the Bureau of the Census,
nearly 12,000,000 children under the age of 5 are in some type
of child care arrangement.
``(2) The knowledge and skills of individuals in early
childhood education programs, including administrators,
directors, teachers, and other staff, is a predictor of the
ability to provide high quality experiences for children in
such programs.
``(3) Early childhood professionals enter the early
childhood education field through various paths. Some
individuals have completed early childhood education
professional preparation programs prior to working in an early
childhood education program.
``(4) The delivery system of education, professional
development, and training for early childhood educators has
disparate standards and funding.
``(5) Funding for such education, professional development,
and training is fragmented, sporadic, and insufficient.
``(6) Compensation (salaries and benefits) for early
childhood education program personnel is woefully inadequate,
and creates a crisis in the attraction and retention of high
quality staff and directors.
``(7) To attract and retain qualified adults to work in
early childhood programs, there must be viable career lattices
that provide opportunities for continued professional
development and increased compensation.
``SEC. 233. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of the early childhood
education workforce by creating a statewide early childhood
education professional development and career system linked to
appropriate compensation for early childhood education program
staff, directors, and administrators; and
``(2) to create--
``(A) a coherent system of core competencies,
pathways to qualifications, credentials, degrees,
quality assurances, access, and outreach for early
childhood education program staff, directors, and
administrators;
``(B) articulation agreements so that early
childhood education professionals can have smooth
transitions among degrees; and
``(C) compensation initiatives for individuals
working in an early childhood education program that
reflect the individuals' credentials, degrees and
experience.
``SEC. 234. DEFINITION OF EARLY CHILDHOOD EDUCATION PROGRAM.
``In this part, the term `early childhood education program'
means--
``(1) a family child care program, center-based child care
program, State prekindergarten program, school program, or
other out-of-home early childhood development care program,
that--
``(A) is licensed or regulated by the State; and
``(B) serves 2 or more unrelated children from
birth until entry into kindergarten;
``(2) a Head Start Program carried out under the Head Start
Act; or
``(3) an Early Head Start Program carried out under section
645A of the Head Start Act.
``SEC. 235. GRANTS AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
States in accordance with the provisions of this part to enable such
States--
``(1) to establish a State Task Force described in section
236;
``(2) to support the activities of the State Task Force
described in section 237; and
``(3) to pay the costs of the activities described in the
statewide plan submitted pursuant to section 238(b).
``(b) Competitive Basis.--Grants under this part shall be awarded
on a competitive basis.
``(c) Duration.--Grants under this part shall be awarded for a
period of 5 years.
``(d) Equitable Geographic Distribution.--In awarding grants under
this part the Secretary shall take into consideration providing an
equitable geographic distribution of the grants.
``SEC. 236. ESTABLISHMENT OF STATE EARLY CHILDHOOD EDUCATION
PROFESSIONAL DEVELOPMENT AND CAREER SYSTEM TASK FORCE.
``(a) In General.--The Governor of the State shall establish, or
may designate an existing entity to serve as, the State Early Childhood
Education Professional Development and Career System Task Force
(hereafter in this part referred to as the `State Task Force').
``(b) Membership.--The State Task Force shall include, to the
maximum extent possible--
``(1) a representative of the State agency that administers
the Child Care and Development Block Grant;
``(2) a representative of the State agency that regulates
child care providers;
``(3) a representative of the State educational agency;
``(4) a representative of the State agency responsible for
higher education;
``(5) a representative of the State entity that establishes
requirements for teacher licensure, certification, or
professional standards for early childhood educators;
``(6) the State Director of Head Start Collaboration;
``(7) a representative of an institution of higher
education that awards an associate degree;
``(8) a representative of an institution of higher
education that awards a baccalaureate or graduate degree;
``(9) 1 or more providers of an early childhood education
program who represent the diverse range of early childhood
education program settings;
``(10) a representative of the State network of child care
resource and referral agencies;
``(11) a representative of a State organization
representing providers of early childhood education programs
that provide--
``(A) professional development to staff in early
childhood education programs; and
``(B) other assistance;
``(12) a representative of any statewide early childhood
workforce scholarship or supplement initiative; and
``(13) a representative of any other entity the Governor of
the State determines relevant to the activities of the State
Task Force.
``SEC. 237. STATE TASK FORCE ACTIVITIES.
``(a) Activities.--The State Task Force shall--
``(1) coordinate and communicate regularly with, and
provide recommendations for a statewide early childhood
professional development and career system to, the State early
learning council or similar State entity charged with creating
a comprehensive system of early childhood education in the
State;
``(2) develop a plan for a comprehensive statewide
professional development and career system, for individuals
working in early childhood education programs or for early
childhood education providers, that includes--
``(A) methods of providing outreach to early
childhood education program staff, directors, and
administrators, including how outreach is made to non-
English speaking providers, to enable the staff,
directors, and administrators to be aware of the
opportunities and resources available under the plan;
``(B) developing a unified data collection and
dissemination system for early childhood education
training, professional development, and higher
education programs, and providing resources for paying
the costs of enrollment and completion in such
training, professional development, and programs;
``(3) conduct a periodic statewide survey concerning--
``(A) the demographics of individuals working in
early childhood education programs in the State,
including information disaggregated by--
``(i) race, gender, and ethnicity;
``(ii) compensation levels;
``(iii) type of early childhood education
program setting;
``(iv) specialized knowledge of child
development;
``(v) years of experience in an early
childhood education program; and
``(vi) attainment of--
``(I) academic credit for
coursework;
``(II) an academic degree;
``(III) a credential;
``(IV) licensure; or
``(V) certification in early
childhood education; and
``(B) opportunities for and barriers to high
quality professional development, training, and higher
education degree programs, in early childhood
development and learning;
``(4) develop a statewide professional development and
career lattice providing for a variety of early childhood
professional roles with varying professional qualifications and
responsibilities for early childhood education personnel,
including strategies to enhance the compensation (salaries and
benefits) of such personnel, and provide resources for paying
the costs of enrollment and completion in the training,
professional development, and programs related to the career
lattice;
``(5) assist 2- and 4-year public and private institutions
of higher education to develop articulation agreements and
mechanisms, including transforming diverse training,
professional development, and experience into academic credit;
``(6) provide for mentoring and coaching programs to
support new teachers in and directors of early childhood
education programs;
``(7) provide for career development advising with respect
to the field of early childhood education, including informing
an individual regarding--
``(A) entry into and continuing education
requirements for professional roles in the field;
``(B) available financial assistance; and
``(C) professional development and career
advancement in the field;
``(8) support programs of institutions of higher education
that provide an associate, a baccalaureate, or a graduate
degree in early childhood education in order to meet the
standards a of national accrediting agency or association for
such degree program; and
``(9) provide for a system of quality assurance with
respect to the early childhood education professional
development and career system, including standards or
qualifications for individuals and entities who offer training
and professional development in early childhood education.
``(b) Public Hearings.--The State Task Force shall hold public
hearings and provide an opportunity for public comment on the
activities described in the statewide plan described in section 238(b).
``(c) Periodic Review.--After submission to the Secretary of a
statewide plan described in section 238(b), the State Task Force shall
meet periodically to review implementation of the statewide plan and to
recommend any changes to the statewide plan the State Task Force
determines necessary.
``SEC. 238. STATE APPLICATION AND STATEWIDE PLAN.
``(a) In General.--Each State desiring a grant under this part
shall submit an application to the Secretary at such time, in such
manner and accompanied by such information as the Secretary may
reasonably require. Each such application shall include a description
of--
``(1) the membership of the State Task Force;
``(2) the activities for which assistance will be used;
``(3) other Federal, State, local, and private resources
that will be available to support the activities of the State
Task Force described in section 237;
``(4) the availability within the State of training,
teacher preparation, professional development, compensation
initiatives, and career systems related to early childhood
education; and
``(5) the resources available within the State for such
training, teacher preparation, professional development,
compensation initiatives, and career systems.
``(b) Contents of Statewide Plan.--Not later than 1 year after
receiving a grant under this part, a State shall submit a statewide
plan to the Secretary that shall--
``(1) describe other Federal, State, local, and private
resources that will be used in combination with a grant under
this section to develop or expand the State's early childhood
education professional development and career system;
``(2) describe the ways in which the State will--
``(A) coordinate the various State and local
activities that support the early childhood education
professional development and career system; and
``(B) ensure that individuals working in early
childhood education programs in the State reflect the
diversity of children served by the programs;
``(3) describe the ways in which the State will use the
funds received under this part and any other funds available to
the State to carry out the activities described in section 237;
and
``(4) describe the ways the State Task Force will carry out
the activities described in section 237.
``SEC. 239. REPORT AND EVALUATION.
``(a) State Report.--Each State receiving a grant under this part
shall--
``(1) evaluate the activities assisted under this part to
determine--
``(A) the effectiveness of the activities assisted
under this part in achieving State goals;
``(B) the impact of a career lattice for
individuals working in early childhood education
programs;
``(C) the impact of the activities assisted under
this part on licensing or regulating requirements for
individuals in the field of early childhood
development;
``(D) the impact of the activities assisted under
this part and the impact of the statewide plan on the
quality of education, professional development and
training related to early childhood education programs
that is offered in the State; and
``(E) the change in compensation and retention of
individuals working in early childhood education
programs within the State resulting from the activities
assisted under this part; and
``(2) submit a report at the end of the grant period to the
Secretary regarding the evaluation described in paragraph (1).
``(b) Secretary's Evaluation.--Not later than September 30, 2013,
the Secretary, in consultation with the Secretary of Health and Human
Services, shall prepare and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Education and Labor of the House of Representatives an evaluation of
the State reports submitted under subsection (a)(2).
``SEC. 240. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
such sums as may be necessary for fiscal year 2008 and each of the 4
succeeding fiscal years.''. | Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award competitive grants to states for the establishment of a task force composed of state, higher education, and early childhood education representatives and tasked with planning and reviewing the implementation of statewide early childhood education professional development and career systems.
Includes among task force duties: (1) developing a professional development and career lattice that provides for a variety of early childhood professional roles with varying professional qualifications and responsibilities, including strategies that offer compensation commensurate with a individual's credentials and training support; (2) assisting institutions of higher education to develop articulation agreements that convert diverse training into academic credits; (3) supporting undergraduate and graduate degree programs in early childhood education; and (4) subjecting the system to quality assurance measures.
Directs state grantees to submit their statewide plans for such systems to the Secretary within one year of receiving a grant. | {"src": "billsum_train", "title": "A bill to provide for a statewide early childhood education professional development and career system, and for other purposes."} | 2,986 | 197 | 0.587739 | 1.814562 | 0.839398 | 2.382857 | 16.697143 | 0.874286 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Part D Equity for Low-Income Seniors
Act of 2007''.
SEC. 2. EXPEDITING LOW-INCOME SUBSIDIES UNDER THE MEDICARE PRESCRIPTION
DRUG PROGRAM.
(a) In General.--Section 1860D-14 of the Social Security Act (42
U.S.C. 1395w-114) is amended by adding at the end the following new
subsection:
``(e) Expedited Application and Eligibility Process.--
``(1) Expedited process.--
``(A) In general.--The Commissioner of Social
Security shall provide for an expedited process under
this subsection for the qualification for low-income
assistance under this section through a request to the
Secretary of the Treasury as provided in subparagraph
(B) for information described in section 6103(l)(21) of
the Internal Revenue Code of 1986. Such process shall
be conducted in cooperation with the Secretary.
``(B) Currently eligible individuals.--The
Commissioner of Social Security shall, as soon as
practicable after implementation of subparagraph (A),
screen such individual for eligibility for the low-
income subsidy provided under this section through such
a request to the Secretary of the Treasury.
``(2) Notification of potentially eligible individuals.--
Under such process, in the case of each individual identified
under paragraph (1) who has not otherwise applied for, or been
determined eligible for, benefits under this section (or who
has applied for and been determined ineligible for such
benefits based only on excess resources), the Commissioner of
Social Security shall send a notification that the individual
is likely eligible for low-income subsidies under this section.
Such notification shall include the following:
``(A) Application information.--Information on how
to apply for such low-income subsidies.
``(B) Description of the lis benefit.--A
description of the low-income subsidies available under
this section.
``(C) Information on state health insurance
programs.--Information on--
``(i) the State Health Insurance Assistance
Program for the State in which the individual
is located; and
``(ii) how the individual may contact such
Program in order to obtain assistance regarding
enrollment and benefits under this part.
``(D) Attestation.--An application form that
provides for a signed attestation, under penalty of
law, as to the amount of income and assets of the
individual and constitutes an application for the low-
income subsidies under this section. Such form--
``(i) shall not require the submittal of
additional documentation regarding income or
assets;
``(ii) shall permit the appointment of a
personal representative described in paragraph
(4); and
``(iii) shall allow for the specification
of a language (other than English) that is
preferred by the individual for subsequent
communications with respect to the individual
under this part.
If a State is doing its own outreach to low-income seniors
regarding enrollment and low-income subsidies under this part,
such process shall be coordinated with the State's outreach
effort.
``(3) Hold-harmless.--Under such process, if an individual
in good faith and in the absence of fraud executes an
attestation described in paragraph (2)(D) and is provided low-
income subsidies under this section on the basis of such
attestation, if the individual is subsequently found not
eligible for such subsidies, there shall be no recovery made
against the individual because of such subsidies improperly
paid.
``(4) Use of authorized representative.--Under such
process, with proper authorization (which may be part of the
attestation form described in paragraph (2)(D)), an individual
may authorize another individual to act as the individual's
personal representative with respect to communications under
this part and the enrollment of the individual under a
prescription drug plan (or MA-PD plan) and for low-income
subsidies under this section.
``(5) Use of preferred language in subsequent
communications.--In the case an attestation described in
paragraph (2)(D) is completed and in which a language other
than English is specified under clause (iii) of such paragraph,
the Commissioner of Social Security shall provide that
subsequent communications to the individual under this part
shall be in such language.
``(6) Construction.--Nothing in this subsection shall be
construed as precluding the Commissioner of Social Security or
the Secretary from taking additional outreach efforts to enroll
eligible individuals under this part and to provide low-income
subsidies to eligible individuals.''.
(b) Disclosure of Return Information for Purposes of Determining
Individuals Eligible for Subsidies Under Medicare Part D.--
(1) In general.--Subsection (l) of section 6103 of the
Internal Revenue Code of 1986 is amended by adding at the end
the following new paragraph:
``(21) Disclosure of return information to carry out
medicare part d subsidies.--
``(A) In general.--The Secretary shall, upon
written request from the Commissioner of Social
Security under section 1860D-14(e)(1) of the Social
Security Act, disclose to officers and employees of the
Social Security Administration return information of a
taxpayer who (according to the records of the
Secretary) may be eligible for a subsidy under section
1860D-14 of the Social Security Act. Such return
information shall be limited to--
``(i) taxpayer identity information with
respect to such taxpayer,
``(ii) the filing status of such taxpayer,
``(iii) the gross income of such taxpayer,
``(iv) such other information relating to
the liability of the taxpayer as is prescribed
by the Secretary by regulation as might
indicate the eligibility of such taxpayer for a
subsidy under section 1860D-14 of the Social
Security Act, and
``(v) the taxable year with respect to
which the preceding information relates.
``(B) Restriction on use of disclosed
information.--Return information disclosed under this
paragraph may be used by officers and employees of the
Social Security Administration only for the purposes of
identifying eligible individuals for, and, if
applicable, administering--
``(i) low-income subsidies under section
1860D-14 of the Social Security Act, and
``(ii) the Medicare Savings Program
implemented under clauses (i), (iii), and (iv)
of section 1902(a)(10)(E) of such Act.
``(C) Termination.--Return information may not be
disclosed under this paragraph after the date that is
one year after the date of the enactment of this
paragraph.''.
(2) Conforming amendments.--Paragraph (4) of section
6103(p) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``(14) or (17)'' in the matter
preceding subparagraph (A) and inserting ``(14), (17),
or (21)''; and
(B) by striking ``(15) or (17)'' in subparagraph
(F)(ii) and inserting ``(15), (17), or (21)''.
SEC. 3. MODIFICATION OF RESOURCE STANDARDS FOR DETERMINATION OF
ELIGIBILITY FOR LOW-INCOME SUBSIDY.
(a) Increasing the Alternative Resource Standard.--Section 1860D-
14(a)(3)(E)(i) of the Social Security Act (42 U.S.C. 1395w-
114(a)(3)(E)(i)) is amended--
(1) in subclause (I), by striking ``and'' at the end;
(2) in subclause (II)--
(A) by striking ``a subsequent year'' and inserting
``2007'';
(B) by striking ``in this subclause (or subclause
(I)) for the previous year'' and inserting ``in
subclause (I) for 2006'';
(C) by striking the period at the end and inserting
a semicolon; and
(D) by inserting before the flush sentence at the
end the following new subclauses:
``(III) for 2008, $27,500 (or
$55,000 in the case of the combined
value of the individual's assets or
resources and the assets or resources
of the individual's spouse); and
``(IV) for a subsequent year the
dollar amounts specified in this
subclause (or subclause (III)) for the
previous year increased by the annual
percentage increase in the consumer
price index (all items; U.S. city
average) as of September of such
previous year.''; and
(3) in the flush sentence at the end, by inserting ``or
(IV)'' after ``subclause (II)''.
(b) Exemptions From Resources.--Section 1860D-14(a)(3) of the
Social Security Act (42 U.S.C. 1395w-114(a)(3)) is amended--
(1) in subparagraph (D), in the matter preceding clause
(i), by inserting ``subject to the additional exclusions
provided under subparagraph (G)'' before ``)'';
(2) in subparagraph (E)(i), in the matter preceding
subclause (I), by inserting ``subject to the additional
exclusions provided under subparagraph (G)'' before ``)''; and
(3) by adding at the end the following new subparagraph:
``(G) Additional exclusions.--In determining the
resources of an individual (and their eligible spouse,
if any) under section 1613 for purposes of
subparagraphs (D) and (E) the following additional
exclusions shall apply:
``(i) Life insurance policy.--No part of
the value of any life insurance policy shall be
taken into account.
``(ii) In-kind contributions.--No in-kind
contribution shall be taken into account.
``(iii) Pension or retirement plan.--No
balance in any pension or retirement plan shall
be taken into account.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 4. INDEXING DEDUCTIBLE AND COST-SHARING ABOVE ANNUAL OUT-OF-POCKET
THRESHOLD FOR INDIVIDUALS WITH INCOME BELOW 150 PERCENT
OF POVERTY LINE.
(a) Indexing Deductible.--Section 1860D-14(a)(4)(B) of the Social
Security Act (42 U.S.C. 1395w-114(a)(4)(B)) is amended--
(1) in clause (i), by striking ``or'';
(2) in clause (ii)--
(A) by striking ``a subsequent year'' and inserting
``2008'';
(B) by striking ``this clause (or clause (i)) for
the previous year'' and inserting ``clause (i) for
2007''; and
(C) by striking ``involved.'' and inserting
``involved; and'';
(3) by adding after clause (ii) the following new clause:
``(iii) for 2008 and each succeeding year,
the amount determined under this subparagraph
for the previous year increased by the annual
percentage increase in the consumer price index
(all items; U.S. city average) as of September
of such previous year.''; and
(4) in the flush sentence at the end, by striking ``clause
(i) or (ii)'' and inserting ``clause (i), (ii), or (iii)''.
(b) Indexing Cost-Sharing.--Section 1860D-14(a) of the Social
Security Act (42 U.S.C. 1395w-114(a)) is amended-
(1) in paragraph (1)(D)(iii), by striking ``exceed the
copayment amount'' and all that follows through the period at
the end and inserting ``exceed--
``(I) for 2006 and 2007, the
copayment amount specified under
section 1860D-2(b)(4)(A)(i)(I) for the
drug and year involved; and
``(II) for 2008 and each succeeding
year, the amount determined under this
subparagraph for the previous year
increased by the annual percentage
increase in the consumer price index
(all items; U.S. city average) as of
September of such previous year.''; and
(2) in paragraph (2)(E), by striking ``exceed the copayment
or coinsurance amount'' and all that follows through the period
at the end and inserting ``exceed--
``(i) for 2006 and 2007, the copayment or
coinsurance amount specified under section
1860D-2(b)(4)(A)(i)(I) for the drug and year
involved; and
``(ii) for 2008 and each succeeding year,
the amount determined under this clause for the
previous year increased by the annual
percentage increase in the consumer price index
(all items; U.S. city average) as of September
of such previous year.''.
SEC. 5. NO IMPACT ON ELIGIBILITY FOR BENEFITS UNDER OTHER PROGRAMS.
(a) In General.--Section 1860D-14(a)(3) of the Social Security Act
(42 U.S.C. 1395w-114(a)(3)), as amended by section 3(c)(3), is
amended--
(1) in subparagraph (A), in the matter preceding clause
(i), by striking ``subparagraph (F)'' and inserting
``subparagraphs (F) and (H)''; and
(2) by adding at the end the following new subparagraph:
``(H) No impact on eligibility for benefits under
other programs.--The availability of premium and cost-
sharing subsidies under this section shall not be
treated as benefits or otherwise taken into account in
determining an individual's eligibility for, or the
amount of benefits under, any other Federal program.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act. | Part D Equity for Low-Income Seniors Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Commissioner of Social Security to provide for an expedited process for the qualification for low-income assistance through a request to the Secretary of the Treasury for tax return and other information.
Increases the alternative resource standard for determination of eligibility for a low-income subsidy for 2008, indexed for inflation for succeeding years.
Requires indexing of deductibles and cost-sharing above the annual out-of-pocket threshold for individuals with income below 150% of the poverty line. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to expedite the application and eligibility process for low-income subsidies under the Medicare prescription drug program and to revise the resource standards used to determine eligibility for an income-related subsidy, and for other purposes."} | 3,225 | 152 | 0.55255 | 1.44069 | 0.668167 | 3.555556 | 21.992063 | 0.888889 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Depleted Uranium
Munitions Suspension and Study Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Suspension of use of depleted uranium munitions.
Sec. 5. Suspension of sale and export of depleted uranium munitions.
Sec. 6. Comptroller general investigation of plutonium contamination.
Sec. 7. Study of health effects of depleted uranium.
Sec. 8. Epa studies of environmental contamination by depleted uranium.
Sec. 9. Environmental mitigation and cleanup requirements.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The highest regard should be given to the health and
safety of the Nation's military personnel.
(2) Among the characteristics of depleted uranium munitions
are that (A) they are pyrophoric, resulting in the munition
burning upon impact with a target, and (B) the impact of a
depleted uranium munition on a target creates aerosol
particles, which can be inhaled.
(3) Depleted uranium munitions were used by the United
States in 1991 during the Persian Gulf War in Southwest Asia
and during the conflicts in the former Federal Republic of
Yugoslavia (Bosnia, Kosovo, Serbia, and Montenegro) during the
1990s, with approximately 300 metric tons of depleted uranium
being used during the Gulf War, three metric tons being used in
Bosnia, and over nine metric tons being used in Kosovo, Serbia,
and Montenegro.
(4) The United States has provided or sold depleted uranium
and depleted uranium munitions to allied nations, and the
United Kingdom used depleted uranium munitions during the
Persian Gulf War.
(5) Depleted uranium munitions have been used at numerous
United States military installations, proving grounds, and
testing facilities.
(6) The Yugoslav and Iraqi Governments have claimed that
depleted uranium is affecting the health of their people,
although such claims have yet to be independently verified.
(7) No definitive cause has been established for the
various illnesses (commonly referred to as ``Gulf War
Syndrome'') that currently affect approximately 130,000 United
States servicemembers and veterans who served in Southwest Asia
during the Persian Gulf War.
(8) The British Royal Navy, Canadian Navy, and United
States Navy have all announced that they would phase out use of
depleted uranium munitions.
(9) It has been reported that depleted uranium munitions
use has proliferated to more than 20 nations.
(10) Crash investigators of the Federal Aviation
Administration are instructed, in FAA Advisory Circular 20-123,
dated December 20, 1984, to ``handle with caution'' any
depleted uranium that they encounter in crash investigations,
and are instructed that ``the main hazard associated with
depleted uranium is the harmful effect the material could have
if it enters the body,'' and that ``[i]f particles are inhaled
or digested, they can be chemically toxic and cause a
significant and long-lasting irradiation of internal
tissues,''.
(11) The 1949 Geneva Convention specifically outlines the
precautions warring nations must take to avoid harming civilian
populations, and it would be a violation of the 1977 Protocol
to that Convention to cause superfluous injury or unnecessary
suffering to civilians, as depleted uranium has the potential
to cause.
(12) The Department of Defense has acknowledged that stocks
of depleted uranium munitions have been contaminated with
transuranic elements, including plutonium.
(13) Plutonium is an extremely toxic, carcinogenic, and
radioactive material with a half-life of 4.5 billion years.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To eliminate health threats from depleted uranium
munitions to--
(A) United States military personnel and United
States civilian employees;
(B) military personnel and employees of NATO member
nations; and
(C) civilian populations in regions where such
munitions were used (whether in conflict, training, or
development) or produced.
(2) To provide for studies of--
(A) the level and scope of contamination of
depleted uranium munitions by plutonium and other
transuranic elements;
(B) the health effects resulting from exposure by
inhalation, ingestion, or injection to depleted uranium
munitions; and
(C) environmental contamination caused by depleted
uranium at sites where depleted uranium was used in
conflict, development, testing, or training and at
sites where depleted uranium and depleted uranium
munitions were produced.
(3) To require the Administrator of the Environmental
Protection Agency to issue regulations and requirements, based
upon Environmental Protection Agency studies, concerning the
cleanup and mitigation of depleted uranium contamination at
sites of depleted uranium munition use and production in the
United States.
SEC. 4. SUSPENSION OF USE OF DEPLETED URANIUM MUNITIONS.
(a) Suspension of Use.--Effective no later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
direct that all elements of the Department of Defense suspend use of
depleted uranium munitions.
(b) Duration.--(1) The suspension of use of depleted uranium
munitions required by subsection (a) shall remain in effect until the
Secretary of Health and Human Services, based upon the results of the
study under section 7(a), certifies to the committees specified in
paragraph (2) that use of depleted uranium munitions in future
conflicts--
(A) will not pose a likely long-term or residual threat to
the health of United States or NATO military personnel; and
(B) will not jeopardize the health of civilian populations
in the area of such use.
(2) The committees referred to in paragraph (1) are the following:
(A) The Committee on Armed Services and the Committee on
Government Reform of the House of Representatives.
(B) The Committee on Armed Services and the Committee on
Governmental Affairs of the Senate.
(c) Future Use Limited to Stocks Free of Transuranic Matter.--Upon
a certification by the Secretary of Health and Human Services described
in subsection (b), the Secretary of Defense shall limit any subsequent
use of depleted uranium munitions to stocks of such munitions that the
Secretary certifies to be free of plutonium and other transuranic
matter.
SEC. 5. SUSPENSION OF SALE AND EXPORT OF DEPLETED URANIUM MUNITIONS.
(a) Suspension of Sale and Export.--Upon the enactment of this Act,
all elements of the Government with responsibility for approving the
foreign sale or export of munitions shall suspend the approval of the
sale and export of munitions containing depleted uranium.
(b) Duration.--The suspension required by subsection (a) of
approval of the foreign sale and export of depleted uranium munitions
shall remain in effect until the Secretary of Health and Human Services
makes a certification described in section 4(b).
(c) Future Exports To Be Limited to Stocks Free of Transuranic
Matter.--Upon a certification by the Secretary of Health and Human
Services described in section 4(b), any subsequent foreign sale or
export of depleted uranium munitions or preproduction depleted uranium
may be made only from stocks of such munitions or preproduction
depleted uranium that the Secretary of Defense certifies to be free of
plutonium and other transuranic matter, excluding depleted uranium.
SEC. 6. COMPTROLLER GENERAL INVESTIGATION OF PLUTONIUM CONTAMINATION.
(a) Investigation.--The Comptroller General of the United States
shall conduct a full investigation into the contamination of stocks of
depleted uranium munitions with transuranic elements, including
plutonium, neptunium, americium, and other forms of uranium. The
investigation shall include--
(1) determination of when such contamination occurred;
(2) identification of the manufacturing or refining
facilities at which such contamination occurred;
(3) identification of the quantity, by volume and
percentage, of the material by which such contamination
occurred;
(4) identification of when such contamination was first
realized by Department of Defense personnel and when such
contamination was brought to the attention of senior Department
of Defense management;
(5) identification of persons responsible for monitoring
the quality of such production;
(6) identification of the time when notification of such
contamination was made to NATO-member nations; and
(7) determination of whether any law or treaty was broken
by any such contamination or by any failure to provide timely
notice of such contamination to any affected party.
(b) Report.--Upon completion of the investigation under subsection
(a), the Comptroller General shall submit to the committeed specified
in section 4(b)(2) a report on the investigation.
SEC. 7. STUDY OF HEALTH EFFECTS OF DEPLETED URANIUM.
(a) Study.--The Director of the Agency for Toxic Substances and
Disease Registry and the Director of the Center for Disease Control and
Prevention shall jointly conduct a comprehensive study of the health
effects of exposure to depleted uranium munitions on uranium-exposed
veterans and on their children who were born after their respective
exposures to uranium.
(b) Uranium-Exposed Veterans.--For purposes of this section, the
term ``uranium-exposed veteran'' means a member or former member of the
Armed Forces who while on active duty handled, came in contact with, or
had the likelihood of contact with depleted uranium munitions,
including members and former members who while on active duty--
(1) were exposed to smoke from fires resulting from the
burning of vehicles uploaded with depleted uranium munitions or
fires at depots at which depleted uranium was stored;
(2) worked within environments containing depleted uranium
dust or residues from depleted uranium fires;
(3) were within a structure or vehicle while it was struck
by a depleted uranium munition;
(4) climbed on or entered equipment or structures struck by
depleted uranium; or
(5) were medical personnel who provided near-term treatment
to members of the Armed Forces described in paragraph (1), (2),
(3), or (4).
(c) Public Health Assessment.--The Director of the Agency for Toxic
Substances and Disease Registry shall conduct a public health
assessment of persons who are thought to have an epidemiological link
to any United States military installation or facility at which
depleted uranium munitions have been or currently are used or any
production facility at which depleted uranium or depleted uranium
munitions are currently, or have been, produced.
(d) Report.--The Directors shall submit to Congress a report on the
results of the study under subsection (a) and the assessment under
subsection (c). The report shall be submitted not later than two years
after the date of the enactment of this Act and shall include the
findings of the Directors on the matters covered by the report. The
Directors shall include in the report a list of diseases or conditions
that are found to exist within the populations specified in subsection
(a) and their rate of occurrence compared to the general population.
SEC. 8. EPA STUDIES OF ENVIRONMENTAL CONTAMINATION BY DEPLETED URANIUM.
(a) List of Locations in United States.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense
shall provide to the Administrator of the Environmental Protection
Agency a list of all sites in the United States where depleted uranium
munitions have been used or produced and a site-specific map of each
such site.
(b) EPA Studies.--After receipt of the list and maps under
subsection (a), the Administrator shall, for each site specified on the
list, conduct a comprehensive environmental study of the possible
contamination of the soil, air, water, and vegetation by depleted
uranium at that site.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall submit to the Secretary of Defense and the
Committee on Armed Services and the Committee on Government Reform of
the House of Representatives and the Committee on Armed Services and
the Committee on Governmental Affairs of the Senate a report--
(1) describing the extent of contamination by depleted
uranium at each site studied by the Administrator pursuant to
subsection (b);
(2) providing site-specific recommendations for the
mitigation and cleanup of each such site; and
(3) providing general recommendations regarding the cleanup
of sites where depleted uranium has been used on foreign lands.
SEC. 9. ENVIRONMENTAL MITIGATION AND CLEANUP REQUIREMENTS.
(a) Department of Defense Cleanup Plan.--Not later than one year
after receiving the report under section 8(c), the Secretary of Defense
shall develop a plan for mitigation and cleanup at each site and a
prioritized list for such cleanups. The Secretary shall submit a copy
of the plan to the Committee on Armed Services and the Committee on
Government Reform of the House of Representatives and the Committee on
Armed Services and the Committee on Governmental Affairs of the Senate.
(b) Report.--The Secretary shall submit a report to those
committees and the Administrator of the Environmental Protection Agency
each year before commencement of the mitigations and cleanups until
those projects are complete.
(c) Cleanup.--After filing of such plans, the Secretary shall
commence, or contract for, the mitigation and cleanup of each site for
which the Administrator of the Environmental Protection Agency has
recommended such mitigation and cleanup and in the manner and scope
that the Administrator's report specifies.
(d) Applicability of NEPA.--Notwithstanding any other provision of
law, the cleanup and mitigation required by subsection (c) shall be
carried out in a manner consistent with the provisions of the National
Environmental Policy Act of 1969, without regard to any exemption to
any of the provisions of that Act for the Department of Defense or any
element thereof. | Depleted Uranium Munitions Suspension and Study Act of 2001 - Directs the Secretary of Defense and other Federal entities to suspend the use and approval for foreign sale or export of depleted uranium munitions until the Secretary of Health and Human Services certifies to specified congressional committees that studies indicate such munitions will not jeopardize the health of U.S. or NATO military personnel or civilian populations if used in future conflicts.Limits subsequent use, foreign sale, or export to stocks certifiably free of plutonium and other transuranic matter.Directs the Comptroller General to investigate the contamination of stocks of depleted uranium munitions with transuranic elements.Requires the Directors of the Agency for Toxic Substances and Disease Registry and the Center for Disease Control and Prevention to jointly and comprehensively study the health effects of exposure to such weapons on veterans and their children, as well as a public health assessment of persons with an epidemiological link to military installations or production facilities where such munitions have been used or produced. Directs the Administrator of the Environmental Protection Agency to conduct a comprehensive study of possible environmental contamination at these installations or facilities. Requires the Secretary of Defense to: (1) furnish to the Administrator with a list of sites; and (2) develop a plan for their mitigation and cleanup (consistent with the National Environmental Policy Act of 1969). | {"src": "billsum_train", "title": "To require the suspension of the use, sale, development, production, testing, and export of depleted uranium munitions pending the outcome of certain studies of the health effects of such munitions, and for other purposes."} | 3,336 | 315 | 0.544922 | 1.73175 | 0.699797 | 3.307377 | 11.528689 | 0.930328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Apprenticeship Improvement Act of
1991''.
SEC. 2. ESTABLISHMENT OF INFORMATION COLLECTION SYSTEM.
Section 2 of the Act of August 16, 1937 (50 Stat. 664; 29 U.S.C.
50), popularly known as the ``National Apprenticeship Act'',
(hereinafter in this Act referred to as the ``Act'') is amended--
(1) by inserting ``(a)'' after ``Sec. 2.'', and
(2) by adding at the end thereof the following new
subsection:
``(b) The Secretary shall establish and maintain a national
information collection system for apprenticeships and apprenticeship
programs.''.
SEC. 3. OUTREACH PROGRAM.
The Act is further amended--
(1) by redesignating section 4 as section 5, and
(2) by inserting after section 3 the following new section:
``Sec. 4. The Secretary shall assure that from the amounts
appropriated to carry out this Act in each fiscal year, not less than 1
percent of such amounts shall be available to establish outreach
recruitment activities to increase the participation of women,
minorities, handicapped individuals, displaced workers, and
disadvantaged individuals in the apprenticeship programs authorized by
this Act.''.
SEC. 4. ESTABLISHMENT OF BUREAU OF APPRENTICESHIP AND TRAINING;
APPOINTMENT OF EMPLOYEES.
(a) Establishment.--There is established in the Department of
Labor, the Bureau of Apprenticeship and Training (hereinafter in this
Act referred to as the ``Bureau'') which shall carry out the policies
and functions of this Act in behalf of the Secretary of Labor
(hereinafter in this Act referred to as the ``Secretary''). The Bureau
shall be under the direction of an administrator to be known as the
Administrator of the Bureau of Apprenticeship and Training. The
Administrator shall report directly to the Secretary.
(b) Transfer of Functions.--Functions of the Assistant Secretary
for Employment and Training Administration of the Department of Labor
with respect to the promotion of labor standards of apprenticeship,
including research, information, and publications are transferred to
the Bureau. Functions related to apprenticeship, including appropriate
administrative and program support services, together with personnel
necessary to the administration of such functions, and unexpended
balances of appropriations and other funds related thereto, are
transferred to the Bureau.
(c) Appointment of Employees.--The Secretary is authorized to
appoint such employees as may be necessary for the administration of
this Act in accordance with laws applicable to the appointment and
compensation of employees and advisors of the United States.
SEC. 5. INCREASE IN FORCE.
(a) In General.--The Secretary shall increase the force within the
Bureau to 377 full-time employees no later than January 1, 1992.
(b) Consideration of Employees Working Less Than Full Time.--In the
administration of subsection (a)--
(1) a part-time employee shall be counted as a fraction,
the numerator of which is the number corresponding to the
average number of hours in such employee's regularly scheduled
workweek and the denominator of which is 40; and
(2) an individual employed on a temporary or intermittent
basis shall not be counted.
SEC. 6. LIMITATIONS ON REDUCTION IN FORCE.
(a) In General.--A reduction in force may not be conducted within
the Bureau if--
(1) the reduction in force would reduce the total number of
civilian employees within such Bureau; and
(2) such total number, after the reduction in force, would
be less than the equivalent of 377 full-time employees.
(b) Consideration of Employees Working Less Than Full Time.--In the
administration of subsection (a)--
(1) a part-time employee shall be counted as a fraction,
the numerator of which is the number corresponding to the
average number of hours in such employee's regularly scheduled
workweek and the denominator of which is 40; and
(2) an individual employed on a temporary or intermittent
basis shall not be counted.
SEC. 7. REPORT.
(a) In General.--The Secretary shall prepare and submit to the
Congress, not later than 6 months after the date of enactment of this
Act, a detailed report concerning whether the apprenticeship program
conducted by the Department of Labor under the Act of August 16, 1937
(50 Stat. 664; 29 U.S.C. 50), complies with regulations governing equal
opportunity.
(b) Contents of Report.--The report required by this section shall
include--
(1) a detailed description of activities carried out by the
Department of Labor to ensure compliance;
(2) a list of compliance reviews undertaken by the
Department; and
(3) a description of any sanctions imposed as a result of
the compliance reviews. | Apprenticeship Improvement Act of 1991 (sic) - Amends the National Apprenticeship Act to direct the Secretary of Labor to establish and maintain a national information collection system for apprenticeships and apprenticeship programs.
Requires the Secretary to reserve at least one percent of appropriations under such Act to establish outreach recruitment activities to increase the participation of women and minorities, handicapped individuals, displaced workers, and disadvantaged individuals in the apprenticeship programs.
Establishes the Bureau of Apprenticeship and Training (the Bureau) in the Department of Labor, under the direction of the Administrator of the Bureau of Apprenticeship and Training. Transfers to the Bureau all functions of the Assistant Secretary for Employment and Training Administration with respect to the promotion of labor standards of apprenticeship, including research, information, and publications. Transfers to the Bureau all functions related to apprenticeship, including appropriate administrative and program support services, together with necessary personnel and related funds.
Directs the Secretary to increase the force within the Bureau to a specified number of full-time employees.
Limits the authority to conduct reductions in force within the Bureau.
Directs the Secretary to report to the Congress within six months on whether the apprenticeship program complies with regulations governing equal opportunity. | {"src": "billsum_train", "title": "Apprenticeship Improvement Act of 1991"} | 1,090 | 255 | 0.679797 | 1.879583 | 0.936858 | 4.077922 | 4.225108 | 0.900433 |
SECTION 1. PAYMENT OF COMPENSATION TO MEMBERS OF THE ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE UNITED STATES CAPTURED BY JAPAN
AND USED AS SLAVE LABOR BY JAPANESE CORPORATIONS DURING
WORLD WAR II.
(a) Findings.--Congress makes the following findings:
(1) During World War II, members of the United States Armed
Forces fought valiantly against Japanese military forces in the
Pacific. In particular, from December 1941 until May 1942,
United States military personnel fought courageously against
overwhelming Japanese military forces on Wake Island, Guam, the
Philippine Islands, including the Bataan Peninsula and
Corregidor, and the Dutch East Indies, thereby preventing Japan
from accomplishing strategic objectives necessary for achieving
a decisive military victory in the Pacific during World War II.
(2) During initial military actions in the Philippines,
United States troops were ordered to surrender on April 9,
1942, and were forced to march 65 miles to prison camps at Camp
O'Donnell, Cabanatuan, and Bilibid. More than 10,000 Americans
died during the march, known as the ``Bataan Death March'', and
during subsequent imprisonment as a result of starvation,
disease, and executions.
(3) The treatment of members of the Armed Forces who were
held as prisoners of war in the Pacific Theater during World
War II was so egregious that more than 40 percent of the
prisoners of war died while imprisoned.
(4) Beginning in January 1942, the Japanese military began
transporting United States prisoners of war to Japan, Taiwan,
Manchuria, and Korea to perform slave labor to support Japanese
war industries. Many of the unmarked merchant vessels in which
the prisoners were transported, called ``Hell Ships'', were
attacked by American naval and air forces, which, according to
some estimates, resulted in more than 3,600 American
fatalities.
(5) Following the conclusion of World War II, the United
States Government agreed to pay compensation to United States
ex-prisoners of war amounting to $2.50 per day of imprisonment.
This compensation was to be paid from Japanese assets frozen by
the United States Government. However, the compensation could
never fully compensate those ex-prisoners of war for the
sacrifice they endured. Neither the Government of Japan nor any
Japanese corporation admits any liability requiring payment or
compensation.
(6) Other Allied nations, including Canada, the United
Kingdom, and the Netherlands, have authorized payment of
gratuities to their surviving veterans who were captured by the
Japanese during World War II and required to perform slave
labor.
(b) Purpose.--The purpose of this section is to recognize, by the
provision of compensation, the heroic contributions of the members of
the Armed Forces and civilian employees of the United States who were
captured by the Japanese military during World War II and denied their
basic human rights by being made to perform slave labor for Japanese
corporations during World War II.
(c) Definitions.--In this section
(1) Selected veteran or civilian internee.--The term
``selected veteran or civilian internee'' means any individual
who--
(A) was a member of the Armed Forces, a civilian
employee of the United States, or an employee of a
contractor of the United States during World War II;
(B) served in or with United States combat forces
during World War II;
(C) was captured and held as a prisoner of war or
prisoner by Japan in the course of such service; and
(D) was forced to perform slave labor during World
War II for one or more Japanese corporations.
(2) Slave labor.--The term ``slave labor'' means forced
servitude under conditions of subjugation.
(d) Payment of Compensation.--As soon as practicable after the end
of the period specified in subsection (e)(1), the Secretary of Defense
shall pay compensation to each living selected veteran or civilian
internee whose application for compensation under this section is
approved by the Secretary.
(e) Acceptance of Contributions for Compensation.--
(1) Authority to accept contributions.--During the period
beginning on the date of the enactment of this Act and ending
on December 31, 2007, the Secretary of Defense may accept,
hold, and administer any gift, devise, or bequest of money made
by any person on the condition that the gift, devise, or
bequest be used to provide compensation under this section to a
selected veteran or civilian internee.
(2) Deposit.--Amounts received as contributions under this
subsection shall be deposited in the Department of Defense
General Gift Fund established pursuant to section 2601 of title
10, United States Code. Such amounts shall be accounted for
separately from other amounts in that fund.
(3) Acceptance of certain contributions prohibited.--A gift
may not be accepted under this subsection--
(A) if the gift is designated for a specific
selected veteran or civilian internee;
(B) if the Secretary of Defense determines that the
acceptance of the gift would reflect unfavorably on the
ability of the Department of Defense, any employee of
the Department, or any member of the Armed Forces to
carry out any responsibility or duty in a fair and
objective manner; or
(C) if the Secretary determines that the use of the
gift would compromise the integrity or appearance of
integrity of any program of the Department of Defense
or any individual involved in such a program.
(4) Treatment of contributions.--The making of a
contribution under this subsection by any person is wholly
voluntary and, in no way, may the existence of such a
contribution be used as a matter of proof in any civil
litigation.
(f) Amount of Compensation.--The amount of compensation paid to
each living selected veteran or civilian internee whose application for
compensation is approved by the Secretary of Defense shall be equal to
the sum of the following:
(1) An equal share of the funds appropriated to the
Secretary to provide compensation under this section, but not
to exceed $20,000 per selected veteran or civilian internee.
(2) An equal share of the amounts received as contributions
under subsection (e).
(g) Rebuttable Presumption of Eligibility.--An application for
compensation submitted under this section by or on behalf of an
individual seeking recognition as a selected veteran or civilian
internee under this section is subject to a rebuttable presumption that
the individual is a selected veteran or civilian internee if the
application on its face provides information sufficient to establish
the individual as a selected veteran or civilian internee.
(h) Relationship to Other Payments.--Any amount paid a selected
veteran or civilian internee as compensation under this section is in
addition to any other amount paid to the selected veteran or civilian
internee under any other provision of law as compensation for the
performance of slave labor during World War II.
(i) Unavailability for Payment of Attorney Fees in Class Action
Suits.--Amounts paid under this section may not be used for the payment
of attorney fees incurred in any class action law suit seeking the
payment of compensation for members of the Armed Forces and civilian
employees of the United States captured by Japan and used as slave
labor during World War II or a similar payment as a result of the
performance of slave labor during World War II.
(j) Sense of Congress Regarding Contributions by Certain Japanese
Corporations.--
(1) Sense of congress.--It is the sense of Congress that
the Japanese corporations specified in paragraph (2) that
benefitted from the use of captured members of the Armed Forces
and civilian employees of the United States as slave labor
during World War II should make contributions under subsection
(e) for the provision of compensation to each living selected
veteran or civilian internee under this section.
(2) List of covered companies.--The Japanese corporations
known to have used captured members of the Armed Forces and
civilian employees of the United States as slave labor during
World War II are Asano Dockyard; Electric-Chemical Company;
Fujinagara Shipbuilding, Kobe; Furukawa Mining, Omine Machi;
Hitachi Shipbuilding; Hokkai Electric Chemical; Hokkaido Coal
(Sorachi Mining Co.); Imperial Special Copper Works, Noetsu;
Ishihara Industries, Narumi; Kajima Coal, Ohnoura; Kawaminami
Shipbuilding, Yahata; Kawasaki Heavy Industries, Kobe;
Kinkaseki Copper Mine, Formosa; Kobe Stevedore, Kobe; Kumagai
Enggr. Co.; Manshu Leather, Mukden Manchuria; Manshu Machinery,
Mukden; Manshu Tent; Meiji Mining; Mitsubishi Heavy Industries;
Mitsubishi Mining Co.; Mitsubishi Chemical; Mitsui Industries;
Mitsui Mining; Moji Transportation Association; Namura
Shipyards; Niigata Iron and Steel; Niigata Transport, Kawasaki;
Nippon Express; Nippon Ko-Kan (Japan Iron Co.); Nippon
Metallurgy; Nippon Mining; Nippon Soda; Nippon Steel Pipe;
Nippon Vehicles; Nisshin Mill; Nisshin Oil; Nittetsu Mining;
Ohsaka Shipbuilding; Radio Tokyo (government-operated);
Shinetsu Chemicals; Showa Electrical Engineering; Showa
Electrode (Showa Denko); Sorachi Mining Co.; Sumitomo Mining;
Taihoku Locomotive Works, Taiwan; Tobashima Construction Co.;
Tokyo-Shibaura Electric; Tsuruga Stevedore, Osaka; Tsurumi
Shipbuilding; Yawata Iron Works; Ohasi; and Yodogawa Steel. | Directs the Secretary of Defense to pay compensation as prescribed under this Act to those living members of the Armed Forces and U.S. civilian employees who were captured by Japan, who were used as slave labor during World War II, and whose application for compensation is approved.
Authorizes the Secretary of Defense to accept any monetary contribution (with exceptions) made by any person upon on the condition that the contribution be used to provide such compensation to a selected veteran or civilian internee. Requires amounts received as contributions to be deposited in the Department of Defense General Gift Fund.
States that, any amount paid to a selected veteran or civilian internee as compensation under this Act is in addition to any other amount paid to such veteran or civilian internee under any other provision of law as compensation for the performance of slave labor during World War II.
Expresses the sense of Congress regarding contributions by certain Japanese corporations. | {"src": "billsum_train", "title": "To provide for the payment of compensation to members of the Armed Forces and civilian employees of the United States who, as prisoners of war, performed slave labor for Japanese corporations during World War II, to authorize the Secretary of Defense to accept contributions in order to provide additional compensation to such members and employees, to encourage Japanese corporations that benefitted from the use of slave labor to make contributions for such additional compensation, and for other purposes."} | 2,141 | 192 | 0.478906 | 1.39975 | 0.606918 | 4.116279 | 10.703488 | 0.930233 |
SECTION 1. EXEMPTION FOR CERTAIN DIVIDENDS PAID BY REGULATED INVESTMENT
COMPANIES TO NONRESIDENT ALIENS EXPANDED AND MADE
PERMANENT.
(a) Exemptions for Certain Dividends Made Permanent.--
(1) Interest-related dividends.--Subparagraph (C) of
section 871(k)(1) of the Internal Revenue Code of 1986 is
amended by striking clause (v).
(2) Capital gain dividends.--Subparagraph (C) of section
871(k)(2) of such Code is amended by striking clause (v).
(b) Expansion of Exemption for Interest-Related Dividends.--
(1) In general.--Subparagraph (E) of section 871(k)(1) of
such Code is amended by striking clauses (iii) and (iv) and
inserting the following new clauses:
``(iii) Any amount referred to in
subsection (i)(2)(A) (without regard to the
trade or business of the regulated investment
company) or in subsection (i)(2)(B).
``(iv) Any interest which is exempt from
tax under section 103 or any other provision of
law without regard to the identity of the
holder.
``(v) Any other amount includible in gross
income that is determined by reference to an
interest rate and that would not be subject to
withholding under section 1441 if received by a
nonresident alien individual.
``(vi) Any amount includible in gross
income from sources without the United States.
``(vii) Any qualified income-related
dividend includible in gross income with
respect to stock of another regulated
investment company.''.
(2) Modification of exceptions.--Clause (i) of section
871(k)(1)(B) is amended by striking ``interest (other than
interest described in subparagraph (E)(i) or (iii))'' and
inserting ``interest described in subparagraph (E)(ii) (and not
described in subparagraph (E) (i), (iii), or (iv))''.
(3) Conforming amendments.--
(A) Paragraph (1) of section 871(k) of such Code is
amended--
(i) by striking ``interest-related
dividend'' each place it appears in the text
and inserting ``qualified income-related
dividend'',
(ii) by striking ``qualified net interest
income'' each place it appears in the text and
inserting ``qualified net income'',
(iii) by striking ``qualified interest
income'' each place it appears in the text and
inserting ``qualified income'',
(iv) by striking ``Interest-related
dividends'' in the heading thereof and
inserting ``Qualified income-related
dividends'',
(v) by striking ``Interest related
dividend'' in the heading of subparagraph (C)
and inserting ``Qualified income-related
dividend'',
(vi) by striking ``Qualified net interest
income'' in the heading of subparagraph (D) and
inserting ``Qualified net income'', and
(vii) by striking ``Qualified interest
income'' in the heading of subparagraph (E) and
inserting ``Qualified income''.
(B) Paragraph (1) of section 881(e) of such Code is
amended--
(i) by striking ``interest-related
dividend'' each place it appears in
subparagraphs (A) and (B) and inserting
``qualified income-related dividend'',
(ii) by striking ``interest received'' in
subparagraph (B)(ii) and inserting ``interest
described in clause (ii) of section
871(k)(1)(E) (and not described in clause (i),
(iii), or (iv) of such section) received'',
(iii) by striking ``interest-related
dividend received'' in subparagraph (C) and
inserting ``qualified income-related dividend
received from a regulated investment company'',
(iv) by striking ``clause (i) or (iii)'' in
subparagraph (C) and inserting ``clause (i),
(iii), or (iv)'', and
(v) by striking ``Interest-related
dividends'' in the heading thereof and
inserting ``Qualified income-related
dividends''.
(c) Effective Date.--The amendments made by this section shall
apply to dividends with respect to taxable years of regulated
investment companies beginning after December 31, 2011. | Amends the Internal Revenue Code, with respect to the tax on nonresident alien individuals, to: (1) make permanent the tax exemption for interest-related dividends and short-term capital gain dividends received from a regulated investment company, and (2) expand the categories of interest-related dividends for which a tax exemption is allowed. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to expand and make permanent rules related to investment by nonresident aliens in domestic mutual funds."} | 1,067 | 71 | 0.531005 | 1.284956 | 0.830689 | 2.276923 | 13.8 | 0.861538 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Innovation Act of 2008''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Eligible contestant.--The term ``eligible contestant''
means--
(A) a citizen or resident alien of the United
States; or
(B) a private company that is incorporated in the
United States and that maintains a primary place of
business in the United States.
(2) Outer continental shelf.--The term ``Outer Continental
Shelf'' has the meaning given such term in section 2 of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. ALTERNATIVE FUEL VEHICLE INNOVATION PRIZE.
(a) In General.--The Secretary shall carry out a program to be
referred to as the ``Alternative Fuel Vehicle Innovation Prize'' to
competitively award cash prizes to eligible contestants in conformity
with this Act to advance the research, development, demonstration, and
commercial application of alterative fuel vehicles.
(b) Advertising and Solicitation of Competitors.--
(1) Advertising.--The Secretary shall widely advertise
prize competitions to encourage broad participation in the
program carried out under subsection (a).
(2) Announcement through federal register notice.--The
Secretary shall announce each prize competition by publishing a
notice in the Federal Register. This notice shall include the
subject of the competition, the duration of the competition,
the eligibility requirements for participation in the
competition, the process for participants to register for the
competition, the amount of the prize, and the criteria for
awarding the prize.
(c) Prizes; Selection Criteria.--
(1) Grand prize.--
(A) In general.--There shall be one grand prize of
$10,000,000,000.
(B) Prototype requirement.--In order to be eligible
to receive the grand prize under this section, an
eligible contestant must produce a prototype of an
alternative fuel vehicle.
(C) Selection criteria.--The Secretary shall
develop, in consultation with the Secretary of
Transportation and the Director of the National Science
Foundation, criteria on which to select the grand prize
winner. Such criteria shall include, at a minimum, the
following factors:
(i) The extent to which the prototype will
reduce the reliance of the United States on
foreign sources of energy.
(ii) The reduction in fuel costs of
operating the prototype compared to a similar
non-alternative fuel vehicle.
(iii) The extent to which the prototype
meets or exceeds Federal safety standards.
(iv) Whether the prototype has a fuel
economy of at least 100 miles per gallon.
(v) The extent to which the prototype
limits hazardous emissions compared to a
comparable non-alternative fuel vehicle.
(vi) The possibility of wide commercial
application, including the production of
vehicles that are not hindered by lack of
refueling infrastructure.
(vii) The estimated cost of the prototype,
if it were mass-produced, and whether such cost
is equivalent to the cost of a comparable non-
alternative fuel vehicle.
(viii) Whether the prototype could be mass-
produced in the United States.
(D) Deadline for awarding grand prize.--The
Secretary shall set a deadline of not later than 5
years after the date of the enactment of this Act for
awarding the grand prize.
(2) Additional prizes.--
(A) In general.--The Secretary may choose to award
no more than 5 additional prizes, with such additional
prizes having a total combined value of no more than
$100,000,000.
(B) Selection criteria.--Winners of additional
prizes shall be selected based on their demonstration
of--
(i) Substantial advancements in specific
areas of alternative vehicle technologies,
components, or systems; or
(ii) transformational changes in
technology.
(C) Deadline for awarding additional prizes.--The
Secretary shall set a deadline of not later than 5
years after the date of the enactment of this Act for
awarding any additional prizes.
(d) Judging.--
(1) In general.--The Secretary shall appoint 5 individuals
to serve as judges for the purpose of selecting the prize
winners under this section. The judges shall select the grand
prize winner based on the criteria developed under subsection
(c)(1)(C) and shall select any additional prize winners based
on the criteria described under subsection (c)(2)(B).
(2) Judge requirements.--In order to be appointed as a
judge, an individual may not have a financial interest in any
contestant and may not be an employee, officer, director,
agent, or family member of any contestant.
(e) Report.--Not later than 60 days after all prizes are awarded
under this section, the Secretary shall transmit a report to the
Congress containing--
(1) a list of award recipients;
(2) a description of the technologies developed by the
award recipients; and
(3) a description of the actions being taken toward the
commercial application of the technologies developed by the
award recipients.
(f) Intellectual Property.--The Federal Government shall not, by
virtue of offering or awarding a prize under this section, be entitled
to any intellectual property rights derived as a consequence of, or in
direct relation to, the participation by a participant in a competition
authorized by this section. This subsection shall not be construed to
prevent the Federal Government from negotiating a license for the use
of intellectual property developed for a prize competition under this
section. The Federal Government may seek assurances that technologies
for which prizes are awarded under this section are offered for
commercialization in the event an award recipient does not take, or is
not expected to take within a reasonable time, effective steps to
achieve practical application of the technology.
(g) Waiver of Liability.--The Secretary may require participants to
waive claims against the Federal Government for any injury, death,
damage, or loss of property, revenue, or profits arising from the
participants' participation in a competition under this section. The
Secretary shall give notice of any waiver required under this section
in the notice required by subsection (b)(2).
(h) Authorization of Appropriations.--There are authorized to be
appropriated from the Innovation Trust Fund such sums as may be
necessary to carry out the provisions of this section.
SEC. 4. INNOVATION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the ``Innovation Trust
Fund'', consisting of such amounts as may be appropriated or credited
to the Innovation Trust Fund as provided for in this section.
(b) Transfers to the Trust Fund.--The Secretary of the Treasury
shall transfer to the Innovation Trust Fund out of the general fund of
the Treasury of the United States amounts equivalent to the funds
received in the Treasury that the Secretary of the Treasury, in
consultation with the Secretary of the Interior, determines are
attributable to the exploration for, development of, or production of
oil, natural gas, or oil shale located on Federal lands, including
submerged lands, in the Outer Continental Shelf or in the Arctic
National Wildlife Refuge.
(c) Investment.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Innovation Trust Fund as is not in his
judgment required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the United
States. For such purpose, such obligations may be acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the
market price.
(2) Sale of obligations.--Any obligation acquired by the
Innovation Trust Fund may be sold by the Secretary of the
Treasury at the market price.
(3) Interest on certain proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Innovation Trust Fund shall be credited to and form a
part of the Innovation Trust Fund.
(d) Expenditures From Trust Fund.--Amounts in the Innovation Trust
Fund shall be made available, as provided by appropriation Acts--
(1) to carry out the Alternative Fuel Vehicle Innovation
Prize described in section 3; and
(2) to reduce the public debt pursuant to section 5.
(e) Availability.--Amounts in the Innovation Trust Fund shall
remain available until expended.
SEC. 5. PUBLIC DEBT REDUCTION.
(a) In General.--The Secretary of the Treasury shall, from time to
time, transfer to the special account established by section 3113(d) of
title 31, United States Code, amounts in the Innovation Trust Fund that
the Secretary of the Treasury determines are not required to carry out
the Alternative Fuel Vehicle Innovation Prize under section 3.
(b) Authorization of Appropriations.--There are authorized to be
appropriated from the Innovation Trust Fund such sums as may be
necessary to carry out this section.
SEC. 6. TERMINATION OF RESTRICTIONS ON OIL AND NATURAL GAS DEVELOPMENT
ON CERTAIN FEDERAL LANDS.
(a) Outer Continental Shelf.--
(1) Termination of laws prohibiting expenditures for
natural gas leasing and preleasing activities.--All provisions
of existing Federal law prohibiting the spending of
appropriated funds to conduct oil or natural gas leasing and
preleasing activities for any area of the Outer Continental
Shelf shall have no force or effect.
(2) Revocation of existing presidential withdrawals.--All
existing withdrawals by the President under the authority of
section 12 of the Outer Continental Shelf Lands Act (43 U.S.C.
1341) are hereby revoked and are no longer in effect with
respect to the leasing of areas for exploration for, and
development and production of, oil or natural gas.
(3) Revocation of existing presidential authority.--All
authorities given to the President with respect to the leasing
of Federal submerged lands of the Outer Continental Shelf,
given under section 12(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1341(a)), are hereby revoked, except in the
interest of national security or military operations.
(b) Coastal Plain of Alaska.--Sections 1002(i) and 1003 of the
Alaska National Interest Lands Conservation Act (16 U.S.C. 3142(i) and
3143) are repealed. | American Innovation Act of 2008 - Directs the Secretary of Energy to carry out the Alternative Fuel Vehicle Innovation Prize program to award cash prizes to eligible contestants to advance the research, development, demonstration, and commercial application of alternative fuel vehicles, including: (1) a $10 billion grand prize for the production of a prototype alternative fuel vehicle meeting fuel efficiency, emissions, cost, and commercial application criteria; and (2) $100 million in additional prizes for substantial advancements in specific areas of alternative vehicle technologies, components, or systems or for transformational changes in technology.
Establishes the Innovation Trust Fund in the Treasury, to be funded with amounts attributable to the exploration for, development of, or production of oil, natural gas, or oil shale located on federal lands in the Outer Continental Shelf (OCS) or in the Arctic National Wildlife Refuge (ANWR). Directs the Secretary of the Treasury to transfer amounts in the Fund that are not required to carry out this Act to the account for public debt reduction.
Declares without force or effect all existing federal law prohibiting spending appropriated funds to conduct oil or natural gas leasing and preleasing activities for any area of OCS.
Revokes all presidential: (1) withdrawals from leasing under the Outer Continental Shelf Lands Act of areas for exploration for, and development and production of, oil or natural gas; and (2) authorities to withdraw from disposition any unleased OCS lands, except in the interest of natural security or military operations.
Amends the Alaska National Interest Lands Conservation Act to repeal provisions: (1) withdrawing public lands within the coastal plain of ANWR from entry or appropriation under U.S. mining laws and from operation of U.S. mineral leasing laws; and (2) prohibiting production, or development leading to production, of oil and gas from ANWR. | {"src": "billsum_train", "title": "To establish a monetary prize for achievements in overcoming scientific and technical barriers associated with the development and production of alternative fuel vehicles, to remove certain restrictions on the exploration, development, and production of mineral resources on Federal lands, and to use the resulting Federal revenue to fund the monetary prize and reduce the public debt."} | 2,293 | 383 | 0.603521 | 1.907002 | 0.781769 | 4.034384 | 5.911175 | 0.911175 |
SECTION 1. CHANGE IN COMPOSITION, OPERATION, AND DUTIES OF THE BOARD OF
DIRECTORS OF THE TENNESSEE VALLEY AUTHORITY.
(a) In General.--The Tennessee Valley Authority Act of 1933 (16
U.S.C. 831 et seq.) is amended by striking section 2 and inserting the
following:
``SEC. 2. MEMBERSHIP, OPERATION, AND DUTIES OF THE BOARD OF DIRECTORS.
``(a) Membership.--
``(1) Appointment.--The Board of Directors of the
Corporation (referred to in this Act as the `Board') shall be
composed of 9 members appointed by the President by and with
the advice and consent of the Senate, who shall be legal
residents of the service area.
``(2) Chairman.--The members of the Board shall select 1 of
the members to act as chairman of the Board.
``(b) Qualifications.--
``(1) In general.--To be eligible to be appointed as a
member of the Board, an individual--
``(A) shall be a citizen of the United States;
``(B) shall have widely recognized experience or
applicable expertise in the management of or
decisionmaking for a large corporate structure;
``(C) shall not be an employee of the Corporation;
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(E) profess a belief in the feasibility and
wisdom of this Act.
``(2) Party affiliation.--Not more than 5 of the 9 members
of the Board may be affiliated with a single political party.
``(c) Recommendations.--In appointing members of the Board, the
President shall--
``(1) consider recommendations from such public officials
as--
``(A) the Governors of States in the service area;
``(B) individual citizens;
``(C) business, industrial, labor, electric power
distribution, environmental, civic, and service
organizations; and
``(D) the congressional delegations of the States
in the service area; and
``(2) seek qualified members from among persons who reflect
the diversity and needs of the service area of the Corporation.
``(d) Terms.--
``(1) In general.--A member of the Board shall serve a term
of 5 years, except that in first making appointments after the
date of enactment of this paragraph, the President shall
appoint--
``(A) 2 members to a term of 2 years;
``(B) 1 member to a term of 3 years; and
``(C) 2 members to a term of 4 years.
``(2) Vacancies.--A member appointed to fill a vacancy in
the Board occurring before the expiration of the term for which
the predecessor of the member was appointed shall be appointed
for the remainder of that term.
``(3) Reappointment.--
``(A) In general.--A member of the Board that was
appointed for a full term may be reappointed for 1
additional term.
``(B) Appointment to fill vacancy.--For the purpose
of subparagraph (A), a member appointed to serve the
remainder of the term of a vacating member for a period
of more than 2 years shall be considered to have been
appointed for a full term.
``(e) Quorums.--
``(1) In general.--Six members of the Board shall
constitute a quorum for the transaction of business.
``(2) Minimum number of members.--A vacancy in the Board
shall not impair the power of the Board to act, so long as
there are 6 members in office.
``(f) Compensation.--A member of the Board shall be entitled to
receive--
``(1)(A) a stipend of $25,000 per year; plus
``(B) compensation, not to exceed $10,000 for any year, at
a rate that does not exceed the daily equivalent of the annual
rate of basic pay prescribed under level V of the Executive
Schedule under section 5316 of title 5, United States Code, for
each day the member is engaged in the actual performance of
duties as a member of the Board at meetings or hearings; and
``(2) travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed
intermittently in Government service under section 5703 of
title 5, United States Code.
``(g) Duties.--
``(1) In general.--The Board shall--
``(A) establish the broad goals, objectives, and
policies of the Corporation that are appropriate to
carry out this Act;
``(B) develop long-range plans to guide the
Corporation in achieving the goals, objectives, and
policies of the Corporation and provide assistance to
the chief executive officer to achieve those goals,
objectives, and policies, including preparing the
Corporation for fundamental changes in the electric
utilities industry;
``(C) ensure that those goals, objectives, and
policies are achieved;
``(D) approve an annual budget for the Corporation;
``(E) establish a compensation plan for employees
of the Corporation in accordance with subsection (i);
``(F) approve the salaries, benefits, and
incentives for managers and technical personnel that
report directly to the chief executive officer;
``(G) ensure that all activities of the Corporation
are carried out in compliance with applicable law;
``(H) create an audit committee, composed solely of
Board members independent of the management of the
Corporation, which shall--
``(i) recommend to the Board an external
auditor;
``(ii) receive and review reports from the
external auditor; and
``(iii) make such recommendations to the
Board as the audit committee considers
necessary;
``(I) create such other committees of Board members
as the Board considers to be appropriate;
``(J) conduct public hearings on issues that could
have a substantial effect on--
``(i) the electric ratepayers in the
service area; or
``(ii) the economic, environmental, social,
or physical well-being of the people of the
service area; and
``(K) establish the electricity rate schedule.
``(2) Meetings.--The Board shall meet at least 4 times each
year.
``(h) Chief Executive Officer.--
``(1) Appointment.--The Board shall appoint a person to
serve as chief executive officer of the Corporation.
``(2) Qualifications.--To serve as chief executive officer
of the Corporation, a person--
``(A) shall be a citizen of the United States;
``(B) shall have management experience in large,
complex organizations;
``(C) shall not be a current member of the Board or
have served as a member of the Board within 2 years
before being appointed chief executive officer; and
``(D) shall have no substantial direct financial
interest in--
``(i) any public-utility corporation
engaged in the business of distributing and
selling power to the public; or
``(ii) any business that may be adversely
affected by the success of the Corporation as a
producer of electric power; and
``(3) Tenure.--The chief executive officer shall serve at
the pleasure of the Board.
``(i) Compensation Plan.--
``(1) In general.--The Board shall approve a compensation
plan that specifies salaries, benefits, and incentives for the
chief executive officer and employees of the Corporation.
``(2) Annual survey.--The compensation plan shall be based
on an annual survey of the prevailing salaries, benefits, and
incentives for similar work in private industry, including
engineering and electric utility companies, publicly owned
electric utilities, and Federal, State, and local governments.
``(3) Considerations.--The compensation plan shall provide
that education, experience, level of responsibility, geographic
differences, and retention and recruitment needs will be taken
into account in determining salaries of employees.
``(4) Submission to congress.--No salary shall be
established under a compensation plan until after the
compensation plan and the survey on which it is based have been
submitted to Congress and made available to the public for a
period of 30 days.
``(5) Positions at or below level iv.--The chief executive
officer shall determine the salary and benefits of employees
whose annual salary is not greater than the annual rate payable for
positions at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
``(6) Positions above level iv.--On the recommendation of
the chief executive officer, the Board shall approve the
salaries of employees whose annual salaries would be in excess
of the annual rate payable for positions at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.''.
(b) Current Board Members.--A member of the board of directors of
the Tennessee Valley Authority who was appointed before the effective
date of the amendment made by subsection (a)--
(A) shall continue to serve as a member until the
date of expiration of the member's current term; and
(B) may not be reappointed.
SEC. 2. CHANGE IN MANNER OF APPOINTMENT OF STAFF.
Section 3 of the Tennessee Valley Authority Act of 1933 (16 U.S.C.
831b) is amended--
(1) by striking the first undesignated paragraph and
inserting the following:
``(a) Appointment by the Chief Executive Officer.--The chief
executive officer shall appoint, with the advice and consent of the
Board, and without regard to the provisions of the civil service laws
applicable to officers and employees of the United States, such
managers, assistant managers, officers, employees, attorneys, and
agents as are necessary for the transaction of the business of the
Corporation.''; and
(2) by striking ``All contracts'' and inserting the
following:
``(b) Wage Rates.--All contracts''.
SEC. 3. CONFORMING AMENDMENTS.
(a) The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et
seq.) is amended--
(1) in the first section, by striking ``board of
directors'' and inserting ``Board of Directors''; and
(2) by striking ``board'' each place it appears and
inserting ``Board''.
(b) Section 9 of the Tennessee Valley Authority Act of 1933 (16
U.S.C. 831h) is amended--
(1) by striking ``The Comptroller General of the United
States shall audit'' and inserting the following:
``(c) Audits.--The Comptroller General of the United States shall
audit''; and
(2) by striking ``The Corporation shall determine'' and
inserting the following:
``(d) Administrative Accounts and Business Documents.--The
Corporation shall determine''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act take effect, and 7 additional
members of the Board of the Tennessee Valley Authority shall be
appointed so as to commence their terms on, May 18, 2000. | Amends the Tennessee Valley Authority Act of 1933 to increase the membership of the board of directors of the Tennessee Valley Authority and to revamp its structure and composition. | {"src": "billsum_train", "title": "A bill to amend the Tennessee Valley Authority Act of 1933 to modify provisions relating to the Board of Directors of the Tennessee Valley Authority, and for other purposes."} | 2,514 | 33 | 0.532073 | 1.212645 | 0.296408 | 3.666667 | 78.733333 | 0.866667 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Animal Cruelty and
Torture Act'' or the ``PACT Act''.
SEC. 2. REVISION OF SECTION 48.
(a) In General.--Section 48 of title 18, United States Code, is
amended to read as follows:
``Sec. 48. Animal crushing
``(a) Offenses.--
``(1) Crushing.--It shall be unlawful for any person to
purposely engage in animal crushing in or affecting interstate
or foreign commerce or within the special maritime and
territorial jurisdiction of the United States.
``(2) Creation of animal crush videos.--It shall be
unlawful for any person to knowingly create an animal crush
video, if--
``(A) the person intends or has reason to know that
the animal crush video will be distributed in, or using
a means or facility of, interstate or foreign commerce;
or
``(B) the animal crush video is distributed in, or
using a means or facility of, interstate or foreign
commerce.
``(3) Distribution of animal crush videos.--It shall be
unlawful for any person to knowingly sell, market, advertise,
exchange, or distribute an animal crush video in, or using a
means or facility of, interstate or foreign commerce.
``(b) Extraterritorial Application.--This section applies to the
knowing sale, marketing, advertising, exchange, distribution, or
creation of an animal crush video outside of the United States, if--
``(1) the person engaging in such conduct intends or has
reason to know that the animal crush video will be transported
into the United States or its territories or possessions; or
``(2) the animal crush video is transported into the United
States or its territories or possessions.
``(c) Penalties.--Whoever violates this section shall be fined
under this title, imprisoned for not more than 7 years, or both.
``(d) Exceptions.--
``(1) In general.--This section does not apply with regard
to any conduct, or a visual depiction of that conduct, that
is--
``(A) a customary and normal veterinary,
agricultural husbandry, or other animal management
practice;
``(B) the slaughter of animals for food;
``(C) hunting, trapping, fishing, a sporting
activity not otherwise prohibited by Federal law,
predator control, or pest control;
``(D) medical or scientific research;
``(E) necessary to protect the life or property of
a person; or
``(F) performed as part of euthanizing an animal.
``(2) Good-faith distribution.--This section does not
apply to the good-faith distribution of an animal crush video
to--
``(A) a law enforcement agency; or
``(B) a third party for the sole purpose of
analysis to determine if referral to a law enforcement
agency is appropriate.
``(3) Unintentional conduct.--This section does not apply
to unintentional conduct that injures or kills an animal.
``(4) Consistency with rfra.--This section shall be
enforced in a manner that is consistent with section 3 of the
Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb-1).
``(e) No Preemption.--Nothing in this section shall be construed to
preempt the law of any State or local subdivision thereof to protect
animals.
``(f) Definitions.--In this section--
``(1) the term `animal crushing' means actual conduct in
which one or more living non-human mammals, birds, reptiles, or
amphibians is purposely crushed, burned, drowned, suffocated,
impaled, or otherwise subjected to serious bodily injury (as
defined in section 1365 and including conduct that, if
committed against a person and in the special maritime and
territorial jurisdiction of the United States, would violate
section 2241 or 2242);
``(2) the term `animal crush video' means any photograph,
motion-picture film, video or digital recording, or electronic
image that--
``(A) depicts animal crushing; and
``(B) is obscene; and
``(3) the term `euthanizing an animal' means the humane
destruction of an animal accomplished by a method that--
``(A) produces rapid unconsciousness and subsequent
death without evidence of pain or distress; or
``(B) uses anesthesia produced by an agent that
causes painless loss of consciousness and subsequent
death.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 18, United States Code, is amended by striking the
item relating to section 48 and inserting the following:
``48. Animal crushing.''.
Passed the Senate December 10 (legislative day, December
9), 2016.
Attest:
Secretary.
114th CONGRESS
2d Session
S. 1831
_______________________________________________________________________
AN ACT
To revise section 48 of title 18, United States Code, and for other
purposes. | Preventing Animal Cruelty and Torture Act or the PACT Act (Sec. 2) This bill amends the federal criminal code to revise and expand provisions with respect to animal crushing. It retains existing criminal offenses that prohibit knowingly creating or distributing an animal crush video using interstate commerce. The bill also adds a new provision to criminalize an intentional act of animal crushing. A violator is subject to criminal penalties—a fine, a prison term of up to seven years, or both. It provides additional exceptions for conduct, or a video of conduct, including conduct that is: (1) medical or scientific research, (2) necessary to protect the life or property of a person, (3) performed as part of euthanizing an animal, or (4) unintentional. | {"src": "billsum_train", "title": "PACT Act"} | 1,177 | 178 | 0.610483 | 1.772893 | 0.827239 | 2.376712 | 7.657534 | 0.773973 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Mental Health Trust Land
Exchange Act of 2016''.
SEC. 2. FINDING; PURPOSE.
(a) Finding.--Congress finds that the exchange of land between the
Alaska Mental Health Trust and the Secretary of Agriculture authorized
by this Act is in the public interest.
(b) Purpose.--The purpose of this Act is to provide for the
exchange of land between the Alaska Mental Health Trust and the
Secretary of Agriculture--
(1) to preserve the scenic and visual backdrops of
southeastern Alaska communities, while creating economic
opportunities in more remote areas of the State of Alaska;
(2) to secure Federal ownership and protection of non-
Federal land in the State of Alaska that has significant
natural, scenic, recreational, and other public values; and
(3) to contribute to the goals and objectives of timber
management in the Tongass National Forest.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska mental health trust.--The term ``Alaska Mental
Health Trust'' means the Alaska Mental Health Trust Authority,
an agency of the State.
(2) Federal land.--The term ``Federal land'' means the
National Forest System land depicted on the maps in Exhibit B
of the agreement between the Forest Service and the Alaska
Mental Health Trust entitled ``Alaska Mental Health Land
Exchange, Agreement to Initiate, Case No. 5x-18''.
(3) Non-federal land.--The term ``non-Federal land'' means
the parcels of Alaska Mental Health Trust land that are
depicted on the maps in Exhibit A of the agreement between the
Forest Service and the Alaska Mental Health Trust entitled
``Alaska Mental Health Land Exchange, Agreement to Initiate,
Case No. 5x-18''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) State.--The term ``State'' means the State of Alaska.
SEC. 4. LAND EXCHANGE.
(a) In General.--If the Alaska Mental Health Trust offers to convey
to the Secretary all right, title, and interest of the Alaska Mental
Health Trust in and to the non-Federal land--
(1) the Secretary, on completion of the environmental
reviews described in subsection (b), shall convey to the Alaska
Mental Health Trust all right, title, and interest of the
United States in and to the Federal land; and
(2) the Alaska Mental Health Trust, on receipt of title to
the Federal land under paragraph (1), shall convey to the
Secretary all right, title, and interest of the Alaska Mental
Health Trust in and to the non-Federal land, subject to
subsection (c).
(b) Compliance With Applicable Law.--Before carrying out the land
exchange under subsection (a), the Secretary shall complete any
necessary land surveys and required pre-exchange clearances, reviews,
mitigation activities, and approvals relating to--
(1) threatened and endangered species;
(2) cultural and historic resources;
(3) wetland and floodplains; and
(4) hazardous materials.
(c) Conditions on Acceptance.--Title to any non-Federal land
conveyed by the Alaska Mental Health Trust to the Secretary under
subsection (a)(2) shall be in a form that--
(1) is acceptable to the Secretary, in the case of non-
Federal land to be administered by the Forest Service; and
(2) conforms to the title approval standards of the
Attorney General applicable to land acquisitions by the Federal
Government.
(d) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Alaska Mental
Health Trust shall select an appraiser to conduct appraisals of
the Federal land and non-Federal land.
(2) Requirements.--
(A) In general.--Except as provided in subparagraph
(B), an appraisal required under this subsection shall
be conducted in accordance with national recognized
appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) Final appraised value.--
(i) In general.--During the 3-year period
beginning on the date on which the final
appraised values of the Federal land and non-
Federal land are approved by the Secretary, the
Secretary shall not be required to reappraise
or update the final appraised values of the
Federal land and non-Federal land.
(ii) Exchange agreement.--After the date on
which an exchange agreement is entered into by
the Alaska Mental Health Trust and the
Secretary in accordance with section 254.14 of
title 36, Code of Federal Regulations (or a
successor regulation), no reappraisal or
updates to the final appraised values of the
Federal land and non-Federal land approved by
the Secretary shall be required.
(3) Public review.--Before carrying out the land exchange
under subsection (a), the Secretary shall make the appraisals
of the Federal land and non-Federal land available for public
review.
(e) Equal Value Land Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under subsection (a) shall--
(A) be equal; or
(B) be equalized in accordance with this
subsection.
(2) Surplus of federal land value.--
(A) In general.--If the final appraised value of
the Federal land exceeds the final appraised value of
the non-Federal land, the Alaska Mental Health Trust
shall--
(i) convey additional non-Federal land in
the State to the Secretary, consistent with the
requirements of this Act;
(ii) make a cash payment to the United
States; or
(iii) use a combination of the methods
described in clauses (i) and (ii), as agreed to
by the Alaska Mental Health Trust and the
Secretary.
(B) Amount of payment.--Notwithstanding section
206(b) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(b)), the Secretary may accept a
payment under subparagraph (A) in excess of 25 percent
of the total value of the Federal land or Federal
interests conveyed.
(3) Surplus of non-federal land.--If the final appraised
value of the non-Federal land exceeds the value of the Federal
land, parcels of the non-Federal land may be excluded from the
exchange in a quantity sufficient to result in an equal value
exchange.
(f) Costs.--As a condition of the exchange of Federal land and non-
Federal land authorized under subsection (a), the Alaska Mental Health
Trust shall agree to pay, without compensation, all costs that are
associated with the exchange.
(g) Intent of Congress.--It is the intent of Congress that the land
exchange authorized under subsection (a) shall be completed not later
than 1 year after the date of enactment of this Act.
SEC. 5. MANAGEMENT OF NON-FEDERAL LAND.
(a) In General.--On acquisition of the non-Federal land by the
Secretary under section 4, the non-Federal land shall--
(1) become part of the Tongass National Forest; and
(2) be administered in accordance with the laws applicable
to the National Forest System.
(b) Boundary Revision.--On acquisition of the non-Federal land by
the Secretary under section 4, the boundaries of the Tongass National
Forest shall be modified to reflect the inclusion of the non-Federal
land.
(c) Land and Water Conservation Fund.--For purposes of section
200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of
the Tongass National Forest, as modified under subsection (b), shall be
considered to be the boundaries of the Tongass National Forest as in
existence on January 1, 1965.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired by
the Secretary under section 4 is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public land order that
withdraws the Federal land from appropriation or disposal under
a public land law shall be revoked to the extent necessary to
permit conveyance of the land.
(2) Withdrawal.--
(A) In general.--If the Federal land or any Federal
interest in the non-Federal land to be exchanged under
this Act is not withdrawn or segregated from entry and
appropriation under a public land law (including
logging and mineral leasing laws and the Geothermal
Steam Act of 1970 (30 U.S.C. 1001 et seq.)) as of the
date of enactment of this Act, the Federal land or
Federal interest in the non-Federal land shall be
withdrawn, without further action by the Secretary,
from entry and appropriation on the date of enactment
of this Act.
(B) Termination.--The withdrawal under subparagraph
(A) shall be terminated--
(i) on the date of the completion of the
exchange of Federal land and non-Federal land
under section 4; or
(ii) if the Alaska Mental Health Trust
notifies the Secretary in writing that the
Alaska Mental Health Trust elects to withdraw
from the land exchange under section 206(d) of
the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716(d)), on the date on which
the Secretary receives the notice of the
election.
(b) Maps, Estimates, and Descriptions.--
(1) Minor errors.--The Secretary and the Alaska Mental
Health Trust, by mutual agreement, may correct any minor errors
in any map, acreage estimate, or description of any land
conveyed or exchanged under this Act.
(2) Conflict.--If there is a conflict between a map,
acreage estimate, or description of land in this Act, the map
shall control unless the Secretary and the Alaska Mental Health
Trust mutually agree otherwise.
(3) Availability.--On the date of enactment of this Act,
the Secretary shall file and make available for public
inspection in the office of the Supervisor of the Tongass
National Forest each map referred to in this Act. | Alaska Mental Health Trust Land Exchange Act of 2016 This bill directs the Department of Agriculture (USDA), if the Alaska Mental Health Trust Authority offers to convey to it certain nonfederal land, to convey certain federal land to the Trust Authority in exchange. Before carrying out the land exchange, USDA shall complete any necessary land surveys and required pre-exchange clearances, mitigation activities, and approvals related to: threatened and endangered species, cultural and historic resources, wetland and floodplains, and hazardous materials. USDA and the Trust Authority shall select an appraiser to conduct appraisals of the federal and nonfederal lands in accordance with nationally recognized standards. The Trust Authority shall agree to pay, without compensation, all costs associated with the exchange. Upon acquisition by USDA, the nonfederal land shall become part of Tongass National Forest, and shall be withdrawn from: entry, appropriation, or disposal under the public land laws; location, entry, and patent under the mining laws; and disposition under the mineral leasing, mineral materials, and geothermal leasing laws. | {"src": "billsum_train", "title": "Alaska Mental Health Trust Land Exchange Act of 2016"} | 2,380 | 227 | 0.619286 | 2.033841 | 0.770822 | 4.572816 | 10.305825 | 0.902913 |
SECTION 1. REMOVAL OF SPECIAL TREATMENT OF CERTAIN TYPES OF CARE AND
PAYMENTS UNDER MEDICAID THIRD-PARTY LIABILITY RULES.
Section 1902(a)(25) of the Social Security Act (42 U.S.C.
1396a(a)(25)) is amended by striking subparagraphs (E) and (F).
SEC. 2. CLARIFICATION OF ROLE OF MCOS WITH RESPECT TO THIRD-PARTY
LIABILITY.
(a) In General.--Section 1902(a)(25) of the Social Security Act (42
U.S.C. 1396a(a)(25)), as amended by section 1, is further amended by
inserting, after subparagraph (D), the following:
``(E) that, if the State contracts with a managed
care entity pursuant to section 1932 for the purpose of
providing items and services under this title--
``(i) such contract shall specify whether--
``(I) the State is delegating to
the managed care entity all or some of
its right of recovery for an item or
service for which payment has been made
under the State plan; and
``(II) the State is transferring to
the managed care entity all or some of
the assignment to the State of any
right of an individual or other entity
to payment from a health insurer
(including self-insured plans, group
health plans (as defined in section
607(1) of the Employee Retirement
Income Security Act of 1974), service
benefit plans, managed care
organizations, pharmacy benefit
managers, or other parties that are, by
statute, contract, or agreement,
legally responsible for payment of a
claim for a health care item or
service) for an item or service for
which payment has been made under the
State plan; and
``(ii) if the State delegates its rights
under clause (i)(I) or transfers assignment of
rights under clause (i)(II), the State shall
have in effect laws requiring such health
insurers, as a condition of doing business in
the State--
``(I) to provide to such managed
care entity, upon the request of such
entity, the information described in
subparagraph (I)(i);
``(II) if a right of recovery was
delegated under clause (i)(I), accept
the authority of the managed care
entity to exercise such right;
``(III) if an assignment of rights
was transferred under clause (i)(II),
accept such transfer of assignment of
rights;
``(IV) respond to an inquiry made
by such entity in the same manner that
the insurer would respond to an inquiry
by a State under subparagraph (I)(iii);
and
``(V) agree not to deny a claim
submitted by a managed care entity for
which the State has delegated or
transferred rights under clause (i) in
the same manner that the insurer may
not deny a claim submitted by a State
under subparagraph (I)(iv);''.
(b) Treatment of Collected Amounts.--Section 1903(d)(2)(B) of the
Social Security Act (42 U.S.C. 1396b(d)(2)(B)) is amended by adding at
the end the following: ``For purposes of this subparagraph,
reimbursements made by a third party to managed care entities pursuant
to section 1902(a)(25)(E) shall be treated in the same manner as
reimbursements made to a State under the previous sentence.''.
SEC. 3. REQUIRING COORDINATION OF BENEFICIARY INFORMATION WITH RESPECT
TO THIRD-PARTY LIABILITY.
Section 1902(a)(25) of the Social Security Act (42 U.S.C.
1396a(a)(25)), as amended by section 2, is further amended by
inserting, after subparagraph (E), the following:
``(F) that, if the State contracts with a health
insurer (as defined for purposes of subparagraph (E))
for the purposes of providing items and services under
this title such contract shall require that--
``(i) if such insurer contracts with a
pharmacy benefit manager to manage benefits
under the health plan offered by such insurer,
such contract shall require that the pharmacy
benefit manager regularly report to the State
(or, as applicable, to an authorized contractor
or agent of the State) any data obtained by the
pharmacy benefit manager that is relevant, as
determined by the State, to assisting the State
in determining whether such a health insurer
is, by statute, contract, or agreement, legally
responsible for payment of a claim for a health
care item or service available under the plan;
and
``(ii) such insurer cooperates (including
by granting requests of the State for
information, or for permission to utilize
information, that is relevant to determining
whether such a health insurer is, by statute,
contract, or agreement, legally responsible for
payment of a claim for a health care item or
service available under the plan, regardless of
the State in which the insurer is licensed)
with the State Medicaid plan (including any
State Medicaid agency or authorized agent or
contractor of such program or entity) for the
proper coordination of benefits offered through
the plan of such insurer and medical assistance
under the State plan to effectuate the
principle of the program under this title being
the payer of last resort;''.
SEC. 4. DEVELOPMENT OF MODEL UNIFORM FIELDS FOR STATES TO REPORT THIRD-
PARTY INFORMATION.
Not later than January 1, 2015, the Secretary of Health and Human
Services shall, in consultation with the States, develop and make
available to the States a model uniform reporting field that States may
use for purposes of reporting to the Secretary within CMS Form 64 (or
any successor form) information identifying third-party health insurers
(including self-insured plans, group health plans (as defined in
section 607(1) of the Employee Retirement Income Security Act of 1974),
service benefit plans, managed care organizations, pharmacy benefit
managers, or other parties that are, by statute, contract, or
agreement, legally responsible for payment of a claim for a health care
item or service) and other relevant information for ascertaining the
legal responsibility of such third parties to pay for care and services
available under the State plan under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.).
SEC. 5. STATE INCENTIVE TO PURSUE THIRD-PARTY LIABILITY FOR NEWLY
ELIGIBLES.
Section 1903(d)(2)(B) of the Social Security Act (42 U.S.C.
1396b(d)(2)(B)), as amended by section 2, is amended by adding at the
end the following: ``In the case of expenditures for medical assistance
provided during 2014 and subsequent years for newly eligible
individuals (as such term is defined in section 1905(y)) described in
subclause (VIII) of section 1902(a)(10)(A)(i), in determining the
amount, if any, of overpayment under this subparagraph with respect to
such services, the Secretary shall apply the Federal medical assistance
percentage for the State under section 1905(b), notwithstanding the
application of section 1905(y).''.
SEC. 6. PENALTY FOR NON-COMPLIANCE.
Subject to section 6(b), for any fiscal year beginning on or after
the date that is 1 year after the effective date under section 6, in
the case of a State that fails to comply with the additional
requirements for the State plan for medical assistance under title XIX
of the Social Security Act that are imposed by the amendments made by
this Act, the Secretary of Health and Human Services shall reduce the
Federal medical assistance percentage (as defined in section 1905(b) of
the Social Security Act (42 U.S.C. 1396d(b)) for such State by a
percentage point for such fiscal year during which such requirements
are not met. To the extent that a State fails to comply with such
additional requirements for consecutive fiscal years, the reductions
under the previous sentence shall be cumulative for each such
subsequent fiscal year.
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
(other than section 4) and the amendments made by this Act shall take
effect on the date of enactment of this Act and shall apply to medical
assistance provided on or after such date.
(b) Exception if State Legislation Required.--In the case of a
State plan for medical assistance under title XIX of the Social
Security Act that the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirement imposed by the
amendments made under this section, the State plan shall not be
regarded as failing to comply with the requirements of such title
solely on the basis of its failure to meet this additional requirement
before the first day of the first calendar quarter beginning after the
close of the first regular session of the State legislature that begins
after the date of the enactment of this Act. For purposes of the
previous sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a separate
regular session of the State legislature. | Amends title XIX (Medicaid) of the Social Security Act (SSA) to repeal the requirement that state plans for medical assistance pay for covered prenatal or preventive pediatric care services, or other covered services provided to an individual on whose behalf a state agency is enforcing child support, without regard to a third party's liability for payment for such services, and then seek reimbursement from the third party. Requires a state plan to require any contract with a managed care entity to specify whether the state is: (1) delegating to the entity all or some of its right of recovery for payment of an item or service, and (2) transferring to the entity all or some of the assignment to the state of any right of an individual or other entity to payment from a health insurer for an item or service. Requires any state that makes such a delegation or transfer to have in effect laws requiring such health insurers, as a condition of doing business, to: (1) provide the managed care entity certain information upon request; (2) accept the delegated right of recovery and the transferred assignment of rights; and (3) agree not to deny a claim submitted by a managed care entity, for which the state has delegated or transferred rights, in the same manner that the insurer may not deny a claim submitted by a state. Requires the state plan of any state that contracts with a health insurer to require that any contract of the health insurer with a pharmacy benefit manager to manage benefits under the insurer's health plan shall require that the pharmacy benefit manager regularly report to the state any relevant data it obtains to assist the state in determining whether the insurer is legally responsible for paying a claim for a health care item or service available under the plan. Requires such a contract also to require the insurer to cooperate with the state Medicaid plan for the proper coordination of benefits offered in order to effectuate the principle of the Medicaid program's being the payer of last resort. Directs the Secretary of Health and Human Services (HHS) to develop and make available to the states a model uniform reporting field that states may use for reporting to the Secretary within CME Form 64 (or any successor form) information identifying third-party health insurers and other relevant information for ascertaining the legal responsibility of such third parties to pay for care and services under Medicaid. Requires the Secretary to apply the federal medical assistance percentage (FMAP) for the state in determining the amount, if any, of any overpayment with respect to Medicaid services for newly eligible individuals. Prescribes an administrative penalty for non-compliance with the additional Medicaid requirements imposed by this Act. | {"src": "billsum_train", "title": "To amend title XIX of the Social Security Act to clarify policy with respect to collecting reimbursement from third-party payers for medical assistance paid under the Medicaid program, and for other purposes."} | 2,087 | 578 | 0.646567 | 2.216247 | 0.545255 | 3.966667 | 3.607843 | 0.927451 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Compassionate Assistance for Rape
Emergencies Act of 2007''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) It is estimated that 25,000 to 32,000 women become
pregnant each year as a result of rape or incest. Timely access
to emergency contraception could help many of these rape
survivors avoid the additional trauma of facing an unintended
pregnancy.
(2) A 1996 study of rape-related pregnancies (published in
the American Journal of Obstetrics and Gynecology) found that
50 percent of the pregnancies described in paragraph (1) ended
in abortion.
(3) Surveys have shown that many hospitals do not routinely
provide emergency contraception to women seeking treatment
after being sexually assaulted.
(4) The risk of pregnancy after sexual assault has been
estimated to be 4.7 percent in survivors who were not protected
by some form of contraception at the time of the attack.
(5) The Food and Drug Administration has declared emergency
contraception to be safe and effective in preventing unintended
pregnancy if taken in the first 72 hours of sex.
(6) Medical research strongly indicates that the sooner
emergency contraception is administered, the greater the
likelihood of preventing unintended pregnancy.
(7) In light of the safety and effectiveness of emergency
contraceptive pills, both the American Medical Association and
the American College of Obstetricians and Gynecologists have
endorsed more widespread availability of such pills to women of
all ages.
(8) The American College of Emergency Physicians and the
American College of Obstetricians and Gynecologists agree that
offering emergency contraception to female patients after a
sexual assault should be considered the standard of care.
(9) Approximately one-third of women of reproductive age
remain unaware of emergency contraception. Therefore, women who
have been sexually assaulted are unlikely to ask for emergency
contraception.
(10) It is essential that all hospitals that provide
emergency medical treatment provide emergency contraception as
a treatment option to any woman who has been sexually
assaulted, so that she may prevent an unintended pregnancy.
SEC. 3. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF
EMERGENCY CONTRACEPTIVES WITHOUT CHARGE.
(a) In General.--Federal funds may not be provided to a hospital
under title XVIII of the Social Security Act or to a State, with
respect to services of a hospital, under title XIX of such Act, unless
the hospital meets the conditions specified in subsection (b) in the
case of--
(1) any woman who presents at the hospital and states that
she is a victim of sexual assault, or is accompanied by someone
who states she is a victim of sexual assault; and
(2) any woman who presents at the hospital whom hospital
personnel have reason to believe is a victim of sexual assault.
(b) Assistance for Victims.--The conditions specified in this
subsection regarding a hospital and a woman described in subsection (a)
are as follows:
(1) The hospital promptly provides the woman with medically
and factually accurate and unbiased written and oral
information about emergency contraception, including
information explaining that--
(A) emergency contraception has been approved by
the Food and Drug Administration as an over-the-counter
medication for women ages 18 and over and is a safe and
effective way to prevent pregnancy after unprotected
intercourse or contraceptive failure if taken in a
timely manner;
(B) emergency contraception is more effective the
sooner it is taken; and
(C) emergency contraception does not cause an
abortion and cannot interrupt an established pregnancy.
(2) The hospital promptly offers emergency contraception to
the woman, and promptly provides such contraception to her at
the hospital on her request.
(3) The information provided pursuant to paragraph (1) is
in clear and concise language, is readily comprehensible, and
meets such conditions regarding the provision of the
information in languages other than English as the Secretary
may establish.
(4) The services described in paragraphs (1) through (3)
are not denied because of the inability of the woman or her
family to pay for the services.
(c) Definitions.--For purposes of this section:
(1) The term ``emergency contraception'' means a drug, drug
regimen, or device that is--
(A) approved by the Food and Drug Administration to
prevent pregnancy; and
(B) is used postcoitally.
(2) The term ``hospital'' has the meaning given such term
in section 1861(e) of the Social Security Act (42 U.S.C.
1395x(e)), and includes critical access hospitals, as defined
in section 1861(mm)(1) of such Act (42 U.S.C. 1395x(mm)(1)).
(3) The term ``Secretary'' means the Secretary of Health
and Human Services.
(4) The term ``sexual assault'' means coitus in which the
woman involved does not consent or lacks the legal capacity to
consent.
(d) Effective Date; Agency Criteria.--This section takes effect
upon the expiration of the 180-day period beginning on the date of the
enactment of this Act. Not later than 30 days prior to the expiration
of such period, the Secretary shall publish in the Federal Register
criteria for carrying out this section. | Compassionate Assistance for Rape Emergencies Act of 2007 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay. | {"src": "billsum_train", "title": "To provide for the provision by hospitals receiving Federal funds through the Medicare Program or Medicaid Program of emergency contraceptives to women who are survivors of sexual assault."} | 1,177 | 158 | 0.582454 | 1.637411 | 0.630338 | 3.540146 | 7.868613 | 0.956204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dental Health Improvement Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Oral and general health are inseparable, and good
dental care is critical to our overall physical health and
well-being.
(2) Although oral health in America has improved
dramatically over the last 50 years, these improvements have
not occurred evenly across all sectors of our population,
particularly among low-income individuals and families and
people living in underserved areas.
(3) According to the United States Surgeon General, an
estimated 25,000,000 Americans live in areas lacking adequate
dental care services, and as many as 11 percent of our Nation's
rural population has never been to a dentist.
(4) This access problem is exacerbated by the fact that our
dental workforce is aging: more than 20 percent of dentists
will retire in the next 10 years, and the number of dental
graduates by 2015 may not be enough to replace these retirees.
Although dentists have significantly increased their
productivity, there are still distribution problems in specific
geographic areas.
(5) Our Nation's dental school faculty is also aging. With
retirement being the leading indicator, faculty shortage issues
face United States dental schools with approximately 400
current vacancies for unfilled, budgeted positions. United
States dental schools play an important role in improving
access to care to underserved populations.
(6) While the National Health Service Corps has placed more
than 20,000 health care providers in some of America's most
difficult-to-place inner city, rural, and frontier communities,
the current funding levels for this program do not begin to
meet the need in these underserved communities for physical,
oral, and mental and behavioral health care services and should
be substantially increased.
(7) According to the United States Surgeon General, the
number of dentists and dental hygienists with obligations to
serve in the National Health Service Corps falls far short of
meeting the total identified need: only about 6 percent of the
dental need in designated underserved areas is currently being
met by this program, and outreach and development are critical
to future opportunities for strengthening the dental workforce
in designated dental health professional shortage areas.
SEC. 3. EXPANDING AVAILABILITY OF DENTAL SERVICES.
Part D of title III of the Public Health Service Act (42 U.S.C.
254b et seq.) is amended by adding at the end the following:
``Subpart X--Primary Dental Programs
``SEC. 340F. DESIGNATED DENTAL HEALTH PROFESSIONAL SHORTAGE AREA.
``In this subpart, the term `designated dental health professional
shortage area' means an area, population group, or facility that is
designated by the Secretary as a dental health professional shortage
area under section 332 or designated by the applicable State as having
a dental health manpower shortage.
``SEC. 340G. GRANTS FOR INNOVATIVE PROGRAMS.
``(a) Grant Program Authorized.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration, is
authorized to award grants to States for the purpose of helping States
develop and implement innovative programs to address the dental
workforce needs of designated dental health professional shortage areas
in a manner that is appropriate to the State's individual needs.
``(b) State Activities.--A State receiving a grant under subsection
(a) may use funds received under the grant for--
``(1) loan forgiveness and repayment programs for dentists
who--
``(A) practice in designated dental health
professional shortage areas; and
``(B) agree to--
``(i) provide services to patients
regardless of such patients' ability to pay;
and
``(ii) provide a sliding payment scale for
patients who are unable to pay the total cost
of services;
``(2) recruitment and retention efforts;
``(3) grants and low-interest or no-interest loans to help
practitioners who participate in the medicaid program under
title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)
to establish or expand practices in designated dental health
professional shortage areas by equipping dental offices or
sharing in the overhead costs of such operations;
``(4) the establishment or expansion of dental residency
programs in coordination with accredited dental training
facilities in States without dental schools;
``(5) programs developed in consultation with State and
local dental societies to expand or establish oral health
services in designated dental health professional shortage
areas, such as--
(A) the expansion or establishment of a community-
based dental facility, free-standing dental clinic,
consolidated health center dental facility, school-
linked dental facility, or United States dental school-
based facility;
(B) the establishment of a mobile or portable
dental clinic; and
(C) the establishment or expansion of private
dental services to enhance capacity through additional
equipment or additional hours of operation;
``(6) placement and support of dental students, residents,
and advanced dentistry trainees;
``(7) continuing dental education, including distance-based
education;
``(8) practice support through teledentistry conducted in
accordance with existing State laws;
``(9) community-based prevention services such as water
fluoridation and dental sealant programs;
``(10) coordination with local education systems within the
State to foster programs that promote children going into oral
health or science professions;
``(11) the establishment of faculty recruitment programs at
accredited dental training institutions whose mission includes
community outreach and service and that have a demonstrated
record of serving underserved States;
``(12) the development of a State dental officer position
or the augmentation of a current State dental office to
coordinate oral health and access issues in the State; and
``(13) any other activities determined to be appropriate by
the Secretary.
``(c) Application.--
``(1) In general.--Each State desiring a grant under this
section shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
``(2) Assurances.--Each application submitted under this
subsection shall include assurances that the State will meet
the requirements of subsection (d) and that the State possesses
sufficient infrastructure to manage the activities to be funded
by the grant and to evaluate and report on the outcomes
resulting from such activities.
``(d) Matching Requirement.--An entity that receives a grant under
this section shall contribute non-Federal funds to activities carried
out under the grant in a total amount equal to at least 40 percent of
the amount of the grant. Such matching funds may be a combination of
in-kind contributions, fairly valued, and any other funding from State
or local sources or from community or other organizations.
``(e) Report.--Not later than 5 years after the date of enactment
of the Dental Health Improvement Act, the Secretary shall prepare and
submit to the appropriate committees of Congress a report containing
data relating to whether grants provided under this section have
increased access to dental services in designated dental health
professional shortage areas.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $50,000,000 for the 5-fiscal
year period beginning with fiscal year 2002.''.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Scholarship and Loan Repayment Programs.--The Secretary of
Health and Human Services, in consultation with the American Dental
Association, the American Dental Education Association, the American
Dental Hygienists Association, the American Academy of Pediatric
Dentistry, the Association of State and Territorial Dental Directors,
and the National Association of Community Health Centers, shall develop
and implement a plan for increasing the participation of dentists and
dental hygienists in the National Health Service Corps' scholarship
program under section 338A of the Public Health Service Act (42 U.S.C.
254l) and the loan repayment program under section 338B of such Act (42
U.S.C. 254l-1).
(b) Loan Repayment Plan.--Section 338C of the Public Health Service
Act (42 U.S.C. 254m) is amended by adding at the end the following:
``(f) Notwithstanding any other provision of this title, periods of
obligated service may be served and fulfilled on a part time basis if--
``(1) such part time service is agreed to by both the
placement site or sites and the recipient of the scholarship or
loan repayment; and
``(2) the recipient's total obligation is fulfilled.''.
(c) Scholarship Programs.--Any scholarship program for dental
students administered through the National Health Service Corps shall
meet the following requirements:
(1) Availability.--The scholarship program shall be open to
students attending any accredited dental school or dental
hygiene program in the United States.
(2) Placement.--The placement of an oral health provider
participating in the scholarship program shall be solely based
upon community need for dental services.
(d) Site Designation Process.--
(1) Improvement of designation process.--The Administrator
of the Health Resources and Services Administration, in
consultation with the Association of State and Territorial
Dental Directors, dental societies, and other interested
parties, shall--
(A) design and implement procedures to simplify the
process of designating areas, population groups, and
facilities as dental health professional shortage areas
under section 332 of the Public Health Service Act (42
U.S.C. 254e); and
(B) revise the criteria upon which such
designations are based so that such criteria provide a
more accurate reflection of oral health care need,
particularly in rural areas.
(2) Public health service act.--Section 332 of the Public
Health Service Act (42 U.S.C. 254e) is amended by adding at the
end the following:
``(i) Dissemination.--The Administrator of the Health Resources and
Services Administration shall disseminate information concerning the
designation criteria described in subsection (b) to--
``(1) the Governor of each State;
``(2) the representative of any area, population group, or
facility selected by any such Governor to receive such
information;
``(3) the representative of any area, population group, or
facility that requests such information; and
``(4) the representative of any area, population group, or
facility determined by the Administrator to be likely to meet
the criteria described in subsection (b).
``(j) Technical Assistance.--The Administrator of the Health
Resources and Services Administration shall provide technical
assistance to any area, population group, or facility that demonstrates
an interest in applying for dental health professional shortage area
designation.''.
SEC. 4. EXCLUSION OF CERTAIN AMOUNTS RECEIVED UNDER THE NATIONAL HEALTH
SERVICE CORPS SCHOLARSHIP AND LOAN REPAYMENT PROGRAMS AND
CERTAIN OTHER PROGRAMS.
(a) In General.--Section 117(c) of the Internal Revenue Code of
1986 (relating to the exclusion from gross income amounts received as a
qualified scholarship) is amended--
(1) by striking ``Subsections (a)'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
subsections (a)'', and
(2) by adding at the end the following new paragraph:
``(2) Exceptions.--Paragraph (1) shall not apply to any
amount received by an individual under--
``(A) the National Health Service Corps Scholarship
program under section 338A(g)(1)(A) of the Public
Health Service Act,
``(B) the National Health Service Corps Loan
Repayment program under section 338B(g)(1) of the
Public Health Service Act, or
``(C) any State program determined by the Secretary
to have substantially similar objectives as such
programs.''.
(b) Effective Dates.--The amendments made by subsection (a) shall
apply to amounts received in taxable years beginning after December 31,
2001. | Dental Health Improvement Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services (HHS) to award grants to States to help them develop innovative programs to address the dental workforce needs of designated dental health professional shortage areas in a manner appropriate to the State's individual needs. Defines "designated dental health professional shortage area" to mean an area, population group, or facility designated by the Secretary as a dental health professional shortage area or by a State as having a dental health manpower shortage.Directs the Secretary to develop a plan for increasing participation of dentists and dental hygienists in the National Health Service Corps' scholarship and loan repayment programs. Revises scholarship and loan repayment program requirements to allow periods of obligated service (period of time that a recipient must serve in a health professional shortage area in order to receive a scholarship or loan) to be served and fulfilled on a part time basis if certain conditions are met.Sets forth requirements with respect to the dental health professional shortage area designation process.Amends the Internal Revenue Code to exclude from the gross income of an individual certain amounts received under the National Health Service Corps Scholarship program, the National Health Service Corps Loan Repayment program, or any similar State program. | {"src": "billsum_train", "title": "A bill to expand the availability of oral health services by strengthening the dental workforce in designated underserved areas."} | 2,631 | 275 | 0.515484 | 1.627879 | 0.855193 | 4.232068 | 10.324895 | 0.915612 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Global Investment in American Jobs
Act of 2013''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It remains an urgent national priority to improve
economic growth and create new jobs.
(2) National security requires economic strength and global
engagement.
(3) Businesses today have a wide array of choices when
considering where to invest, expand, or establish new
operations.
(4) Administrations of both parties have consistently
reaffirmed the need to maintain an open investment climate as a
key to domestic economic prosperity and security.
(5) The United States has historically been the largest
worldwide recipient of foreign direct investment but has seen
its share decline in recent years.
(6) The United States faces increasing competition from
other countries as they work to recruit investment from global
companies.
(7) Foreign direct investment can benefit the economy and
workforce of every State and Commonwealth in the United States.
(8) According to the latest Federal statistics, the United
States subsidiaries of companies headquartered abroad
contribute to the United States economy in a variety of
important ways, including by--
(A) providing jobs for nearly 5,600,000 people in
the United States with compensation that is often
higher than the national private-sector average, as
many of these jobs are in high-skilled, high-paying
industries;
(B) strengthening the United States industrial base
and employing nearly 15 percent of the United States
manufacturing sector workforce;
(C) establishing operations in the United States
from which to sell goods and services around the world,
thereby producing nearly 18 percent of United States
exports;
(D) promoting innovation with more than
$41,000,000,000 in annual United States research and
development activities;
(E) paying nearly 14 percent of United States
corporate income taxes; and
(F) purchasing goods and services from local
suppliers and small businesses, worth hundreds of
billions of dollars annually.
(9) These companies account for 5.8 percent of United
States private sector Gross Domestic Product (GDP).
(10) The Department of Commerce and the Department of State
have initiatives in place to increase foreign direct
investment.
(11) President Barack Obama issued a statement in 2011
reaffirming the longstanding open investment policy of the
United States and encouraged all countries to pursue such a
policy.
(12) President Obama signed an Executive order in 2011 to
establish the SelectUSA initiative and expanded its resources
and activities in 2012, aimed at promoting greater levels of
business investment in the United States.
(13) The President's Council on Jobs and Competitiveness in
2011 recommended the establishment of a National Investment
Initiative to attract $1,000,000,000,000 in foreign direct
investment over five years.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the ability of the United States to attract foreign
direct investment is directly linked to the long-term economic
prosperity, global competitiveness, and security of the United
States;
(2) in order to remain the most attractive location for
foreign direct investment, Congress should be mindful of the
potential impact upon the ability of the United States to
attract foreign direct investment when evaluating proposed
legislation;
(3) it is a top national priority to enhance the
competitiveness, prosperity, and security of the United States
by--
(A) removing unnecessary barriers to foreign direct
investment and the jobs that it creates throughout the
United States; and
(B) promoting policies to ensure the United States
remains the premier global destination in which to
invest, hire, innovate, and manufacture their products;
(4) maintaining the United States commitment to open
investment policy encourages other countries to do the same and
enables the United States to open new markets abroad for United
States companies and their products; and
(5) while foreign direct investment can enhance the
economic strength of the United States, policies regarding
foreign direct investment should reflect national security
interests and should not disadvantage domestic investors or
companies.
SEC. 4. FOREIGN DIRECT INVESTMENT REVIEW.
(a) Review.--The Secretary of Commerce, in coordination with the
Federal Interagency Investment Working Group and the heads of other
relevant Federal departments and agencies, shall conduct an interagency
review of the global competitiveness of the United States in attracting
foreign direct investment.
(b) Specific Matters To Be Included.--The review conducted pursuant
to subsection (a) shall include a review of--
(1) the current economic impact of foreign direct
investment in the United States, with particular focus on
manufacturing, research and development, trade, and jobs;
(2) trends in global cross-border investment flows,
including an assessment of the current United States
competitive position as an investment location for companies
headquartered abroad;
(3) Federal Government policies that are closely linked to
the ability of the United States to attract and retain foreign
direct investment;
(4) ongoing Federal Government efforts to improve the
investment climate, reduce investment barriers, and facilitate
greater levels of foreign direct investment in the United
States;
(5) innovative and noteworthy State, regional, and local
government initiatives to attract foreign investment; and
(6) initiatives by other countries in order to identify
best practices for increasing global competitiveness in
attracting foreign direct investment.
(c) Limitation.--The review conducted pursuant to subsection (a)
shall not address laws and policies relating to the Committee on
Foreign Investment in the United States.
(d) Public Comment.--Prior to--
(1) conducting the review under subsection (a), the
Secretary shall publish notice of the review in the Federal
Register and shall provide an opportunity for public comment on
the matters to be covered by the review; and
(2) reporting pursuant to subsection (e), the Secretary
shall publish the proposed findings and recommendations to
Congress in the Federal Register and shall provide an
opportunity for public comment.
(e) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Secretary of Commerce, in coordination
with the Federal Interagency Investment Working Group and the heads of
other relevant Federal departments and agencies, shall report to
Congress the findings of the review required under subsection (a) and
submit recommendations to make the United States more competitive in
attracting foreign direct investment without undermining fundamental
domestic labor, consumer, or environmental protections. | Global Investment in American Jobs Act of 2013 - Expresses the sense of Congress that: (1) U.S. ability to attract foreign direct investment is directly linked to U.S. long-term economic prosperity, global competitiveness, and security; (2) it should be mindful of the potential impact upon the U.S. ability to attract foreign direct investment when evaluating proposed legislation; (3) it is a top national priority to enhance U.S. competitiveness, prosperity, and security by removing unnecessary barriers to foreign direct investment and the U.S. jobs it creates and promoting policies to ensure the United States remains the premier global destination in which to invest, hire, innovate, and manufacture products; (4) maintaining the U.S. commitment to open investment policy encourages other countries to do the same and enables the United States to open new markets abroad for U.S. companies and their products; and (5) U.S. policies regarding foreign direct investment should reflect national security interests and should not disadvantage domestic investors or companies. Directs the Secretary of Commerce to conduct an interagency review of the U.S. global competitiveness in attracting foreign direct investment and report to Congress recommendations for making the United States more competitive in attracting foreign direct investment without undermining fundamental domestic labor, consumer, or environmental protections. | {"src": "billsum_train", "title": "Global Investment in American Jobs Act of 2013"} | 1,283 | 275 | 0.590777 | 1.819855 | 0.787865 | 5.480851 | 5.67234 | 0.944681 |
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