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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support Our Start-Ups Act''.
SEC. 2. NEW BUSINESS EXPENDITURES.
(a) In General.--Subsections (a) and (b) of section 195 of the
Internal Revenue Code of 1986 are both amended by inserting ``and
organizational'' after ``start-up'' each place it appears.
(b) Organizational Expenditures.--Subsection (c) of section 195 of
such Code is amended by adding at the end the following new paragraph:
``(3) Organizational expenditures.--The term
`organizational expenditures' means any expenditure which--
``(A) is incident to the creation of a corporation
or a partnership,
``(B) is chargeable to capital account, and
``(C) is of a character which, if expended incident
to the creation of a corporation or a partnership
having a limited life, would be amortizable over such
life.''.
(c) Dollar Amounts.--Clause (ii) of section 195(b)(1)(A) of such
Code is amended--
(1) by striking ``$5,000'' and inserting ``$20,000'', and
(2) by striking ``$50,000'' and inserting ``$120,000''.
(d) Amortization Treatment.--Subparagraph (B) of section 195(b)(1)
of such Code, as amended by subsection (a), is amended to read as
follows:
``(B) the remainder of such start-up and
organizational expenditures shall be charged to capital
account and allowed as an amortization deduction
determined by amortizing such expenditures ratably over
the 15-year period beginning with the midpoint of the
taxable year in which the active trade or business
begins.''.
(e) Conforming Amendments.--
(1) Section 195(b)(1) of such Code is amended--
(A) by inserting ``(or, in the case of a
partnership, the partnership elects)'' after ``If a
taxpayer elects'', and
(B) by inserting ``(or the partnership, as the case
may be)'' after ``the taxpayer'' in subparagraph (A).
(2) Section 195(b)(2) of such Code is amended--
(A) by striking ``amortization period.--In any
case'' and inserting the following: ``amortization
period.--
``(A) In general.--In any case'', and
(B) by adding at the end the following new
subparagraph:
``(B) Special partnership rule.--In the case of a
partnership, subparagraph (A) shall be applied at the
partnership level.''.
(3) Section 195(b) of such Code is amended by striking
paragraph (3).
(4)(A) Part VIII of subchapter B of chapter 1 of such Code
is amended by striking section 248 (and by striking the item
relating to such section in the table of sections for such
part).
(B) Section 56(g)(4)(D)(ii) of such Code is amended by
striking ``Sections 173 and 248'' and inserting ``Section
173''.
(C) Section 170(b)(2)(C)(ii) of such Code is amended by
striking ``(except section 248)''.
(D) Section 312(n)(3) of such Code is amended by striking
``Sections 173 and 248'' and inserting ``Section 173''.
(E) Section 535(b)(3) of such Code is amended by striking
``(except section 248)''.
(F) Section 545(b)(3) of such Code is amended by striking
``(except section 248)''.
(G) Section 834(c)(7) of such Code is amended by striking
``(except section 248)''.
(H) Section 852(b)(2)(C) of such Code is amended by
striking ``(except section 248)''.
(I) Section 857(b)(2)(A) of such Code is amended by
striking ``(except section 248)''.
(J) Section 1363(b) of such Code is amended by inserting
``and'' at the end of paragraph (2), by striking paragraph (3),
and by redesignating paragraph (4) as paragraph (3).
(K) Section 1375(b)(1)(B)(i) of such Code is amended by
striking ``(other than the deduction allowed by section 248,
relating to organization expenditures)''.
(5) Part I of subchapter K of chapter 1 of such Code is
amended by striking section 709 (and by striking the item
relating to such section in the table of sections for such
part).
(6) The heading of section 195 of such Code (and the item
relating to such section in the table of sections for part VI
of subchapter B of chapter 1 of such Code) are each amended by
inserting ``and organizational'' after ``Start-up''.
(f) Effective Date.--The amendments made by this section shall
apply to expenses paid or incurred in taxable years beginning after
December 31, 2015. | Support Our Start-Ups Act This bill amends the Internal Revenue Code to extend the tax deduction for new business expenditures to organizational expenditures, generally defined as expenditures incident to the creation of a corporation or a partnership. The bill also increases the maximum deduction amount for start-up and organizational expenditures from $5,000 to $20,000 and increases from $50,000 to $120,000 the threshold amount after which the maximum deduction amount for such expenditures is reduced. | {"src": "billsum_train", "title": "Support Our Start-Ups Act"} | 1,204 | 93 | 0.517957 | 1.227634 | 0.787663 | 2.139535 | 11.895349 | 0.767442 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Economic Stimulus
Act of 2001''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other provision,
the reference shall be considered to be made to a section or other
provision of the Internal Revenue Code of 1986.
SEC. 2. REDUCTION IN INCOME TAX RATES FOR INDIVIDUALS.
(a) In General.--Section 1 is amended by adding at the end the
following new subsection:
``(i) Rate Reductions in 2001.--
``(1) New lowest rate bracket.--
``(A) In general.--In the case of taxable years
beginning in 2001--
``(i) the rate of tax under subsections
(a), (b), (c), and (d) on taxable income not
over the initial bracket amount shall be 10
percent, and
``(ii) the 15 percent rate of tax shall
apply only to taxable income over the initial
bracket amount.
``(B) Initial bracket amount.--For purposes of this
subsection, the initial bracket amount is--
``(i) $20,000 in the case of subsection
(a),
``(ii) $16,000 in the case of subsection
(b), and
``(iii) \1/2\ the amount applicable under
clause (i) in the case of subsections (c) and
(d).
``(2) Adjustment of tables.--The Secretary shall adjust the
tables prescribed under subsection (f) to carry out this
subsection.''.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) is amended--
(A) by striking ``15 percent'' in clause (ii)(II)
and inserting ``the first bracket percentage'', and
(B) by adding at the end the following flush
sentence:
``For purposes of clause (ii), the first bracket
percentage is the percentage applicable to the lowest
income bracket in the table under subsection (c).''.
(2) Section 1(h) is amended by striking paragraph (13).
(3) Section 15 is amended by adding at the end the
following new subsection:
``(f) Rate Reductions Enacted by Economic Stimulus Act of 2001.--
This section shall not apply to any change in rates under subsection
(i) of section 1 (relating to rate reductions in 2001).''.
(4) Section 3402(p)(2) is amended by striking ``equal to 15
percent of such payment'' and inserting ``equal to the product
of the lowest rate of tax under section 1(c) and such
payment''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2000.
(2) Amendment to withholding provision.--The amendment made
by subsection (b)(4) shall apply to amounts paid after the 60th
day after the date of the enactment of this Act.
SEC. 3. CREDIT AGAINST INDIVIDUAL EMPLOYMENT TAXES.
(a) In General.--Subchapter B of chapter 65 (relating to rules of
special application in the case of abatements, credits, and refunds) is
amended by adding at the end the following new section:
``SEC. 6428. CREDIT AGAINST INDIVIDUAL EMPLOYMENT TAXES.
``(a) General Rule.--Except as otherwise provided in this section,
each individual shall be treated as having made a payment against the
tax imposed by chapter 1 for any taxable year beginning in 2001, in an
amount equal to the lesser of--
``(1) the amount of the taxpayer's liability for tax for
the taxpayer's last taxable year beginning in calendar year
2000, or
``(2) $500.
``(b) Liability for Tax.--For purposes of this section, the
liability for tax for the taxable year shall be the taxpayer's social
security taxes (within the meaning of section 24(d)(3)) for the taxable
year.
``(c) Date Payment Deemed Made.--
``(1) In general.--The payment provided by this section
shall be deemed made on July 1, 2001.
``(2) Remittance of payment.--The Secretary shall remit to
each taxpayer the payment described in paragraph (1) on July 1,
2001.
``(d) Certain Persons Not Eligible.--This section shall not apply
to--
``(1) any individual with taxable income (as defined in
section 63) for the taxable year beginning in 2001,
``(2) any estate or trust, nor
``(3) any nonresident alien individual.''.
(b) Conforming Amendment.--Section 1324(b)(2) of title 31, United
States Code, is amended by inserting before the period ``, or enacted
by the Economic Stimulus Act of 2001''.
(c) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 is amended by adding at the end the following new item:
``Sec. 6428. Credit against individual
employment taxes.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act. | Economic Stimulus Act of 2001 - Amends the Internal Revenue Code, as of tax year 2001, to reduce the 15 percent tax rate to ten percent for: (1) joint filers with taxable income below $20,000; (2) heads of household with taxable income below $16,000; and (3) single or married persons filing separately with taxable income below $10,000.Provides a payroll tax credit ($500 maximum) for qualifying taxpayers with no tax liability as of tax year 2001. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a 10 percent individual income tax rate for taxable years beginning in 2001 and a payroll tax credit for those taxpayers who have no income tax liability in 2001."} | 1,250 | 103 | 0.531447 | 1.185517 | 0.341359 | 1.731183 | 11.892473 | 0.784946 |
SECTION 1. CLARIFICATION OF CASH ACCOUNTING RULES FOR SMALL BUSINESS.
(a) Cash Accounting Permitted.--
(1) In general.--Section 446 of the Internal Revenue Code
of 1986 (relating to general rule for methods of accounting) is
amended by adding at the end the following new subsection:
``(g) Certain Small Business Taxpayers Permitted to Use Cash
Accounting Method Without Limitation.--
``(1) In general.--An eligible taxpayer shall not be
required to use an accrual method of accounting for any taxable
year.
``(2) Eligible taxpayer.--For purposes of this subsection,
a taxpayer is an eligible taxpayer with respect to any taxable
year if--
``(A) for all prior taxable years beginning after
December 31, 2006, the taxpayer (or any predecessor)
met the gross receipts test of section 448(c), and
``(B) the taxpayer is not subject to section 447 or
448.''.
(2) Expansion of gross receipts test.--
(A) In general.--Paragraph (3) of section 448(b) of
such Code (relating to entities with gross receipts of
not more than $5,000,000) is amended by striking
``$5,000,000'' in the text and in the heading and
inserting ``$10,000,000''.
(B) Conforming amendments.--Section 448(c) of such
Code is amended--
(i) by striking ``$5,000,000'' each place
it appears in the text and in the heading of
paragraph (1) and inserting ``$10,000,000'',
and
(ii) by adding at the end the following new
paragraph:
``(4) Inflation adjustment.--In the case of any taxable
year beginning in a calendar year after 2007, the dollar amount
contained in subsection (b)(3) and paragraph (1) of this
subsection shall be increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, by substituting `calendar year
2006' for `calendar year 1992' in subparagraph (B)
thereof.
If any amount as adjusted under this subparagraph is
not a multiple of $100,000, such amount shall be
rounded to the nearest multiple of $100,000.''.
(b) Clarification of Inventory Rules for Small Business.--
(1) In general.--Section 471 of the Internal Revenue Code
of 1986 (relating to general rule for inventories) is amended
by redesignating subsection (c) as subsection (d) and by
inserting after subsection (b) the following new subsection:
``(c) Small Business Taxpayers Not Required to Use Inventories.--
``(1) In general.--A qualified taxpayer shall not be
required to use inventories under this section for a taxable
year.
``(2) Treatment of taxpayers not using inventories.--If a
qualified taxpayer does not use inventories with respect to any
property for any taxable year beginning after December 31,
2006, such property shall be treated as a material or supply
which is not incidental.
``(3) Qualified taxpayer.--For purposes of this subsection,
the term `qualified taxpayer' means--
``(A) any eligible taxpayer (as defined in section
446(g)(2)), and
``(B) any taxpayer described in section
448(b)(3).''.
(2) Conforming amendments.--
(A) Subpart D of part II of subchapter E of chapter
1 of such Code is amended by striking section 474.
(B) The table of sections for subpart D of part II
of subchapter E of chapter 1 of such Code is amended by
striking the item relating to section 474.
(c) Effective Date and Special Rules.--
(1) In general.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2006.
(2) Change in method of accounting.--In the case of any
taxpayer changing the taxpayer's method of accounting for any
taxable year under the amendments made by this section--
(A) such change shall be treated as initiated by
the taxpayer;
(B) such change shall be treated as made with the
consent of the Secretary of the Treasury; and
(C) the net amount of the adjustments required to
be taken into account by the taxpayer under section 481
of the Internal Revenue Code of 1986 shall be taken
into account over a period (not greater than 4 taxable
years) beginning with such taxable year. | Amends the Internal Revenue Code to exempt certain small business taxpayers from the requirements of using the accrual method of accounting and of using inventories. Allows such taxpayers to use a cash method of accounting if they meet the gross receipts test and are not engaged in farming as a corporation. Increases the amount of the gross receipts test to $10 million (currently, $5 million) and permits an annual inflation adjustment of that amount. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to expand the availability of the cash method of accounting for small businesses, and for other purposes."} | 1,021 | 96 | 0.507097 | 1.236351 | 0.962613 | 1.634146 | 11.195122 | 0.756098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NICS Reporting Improvement Act''.
SEC. 2. PENALTIES FOR STATES THAT DO NOT MAKE DATA ELECTRONICALLY
AVAILABLE TO THE NATIONAL INSTANT CRIMINAL BACKGROUND
CHECK.
Section 102(b) of the NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended to read as follows:
``(b) Implementation Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Attorney General, in
coordination with the States, shall establish for each State or
Indian tribal government, a plan to ensure maximum coordination
and automation of the reporting of records or making of records
available to the National Instant Criminal Background Check
System, during a 4-year period specified in the plan.
``(2) Benchmark requirements.--Each plan required under
paragraph (1) shall include annual benchmarks, including
qualitative goals and quantitative measures, to enable the
Attorney General to assess implementation of the plan.
``(3) Penalties for non-compliance.--
``(A) In general.--During the 4-year period covered
by the plan required under paragraph (1), the Attorney
General shall withhold--
``(i) 10 percent of the amount that would
otherwise be allocated to a State under section
505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) if
the State does not meet the benchmark
established pursuant to paragraph (2) for the
first year in the 4-year period;
``(ii) 11 percent of the amount that would
otherwise be allocated to a State under section
505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) if
the State does not meet the benchmark
established pursuant to paragraph (2) for the
second year in the 4-year period;
``(iii) 13 percent of the amount that would
otherwise be allocated to a State under section
505 of title I the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) if
the State does not meet the benchmark
established pursuant to paragraph (2) for the
third year in the 4-year period; and
``(iv) 15 percent of the amount that would
otherwise be allocated to a State under section
505 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3755) if
the State does not meet the benchmark
established pursuant to paragraph (2) for the
fourth year in the 4-year period.
``(B) Failure to establish a plan.--A State with
respect to which a plan is not established under
paragraph (1) shall be treated as having not met any
benchmark established pursuant to paragraph (2).
``(4) Annual doj report.--Not later than 1 year after the
date of enactment of this subsection, and each year thereafter,
the Attorney General shall publish a report on the website of
the Department of Justice on whether each State is in
compliance with the benchmarks established pursuant to
paragraph (2).''.
SEC. 3. GRANTS INCENTIVES TO STATES FOR IMPROVEMENT OF COORDINATION AND
AUTOMATION OF NICS RECORD REPORTING.
(a) In General.--The NICS Improvement Amendments Act of 2007 (18
U.S.C. 922 note) is amended--
(1) by striking section 103 and inserting the following:
``SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF COORDINATION AND
AUTOMATION OF NICS RECORD REPORTING.
``(a) Authorization.--From amounts made available to carry out this
section, the Attorney General shall make grants to States, Indian
tribal governments, and State court systems, in a manner consistent
with the National Criminal History Improvement Program and consistent
with State plans for integration, automation, and accessibility of
criminal history records, for use by the State, or units of local
government of the State, Indian tribal government, or State court
system to improve the automation and transmittal of any records that
identify persons who are prohibited from possessing or receiving a
firearm under section 922(g) of title 18, United States Code, in
accordance with section 102 and the National Criminal History
Improvement Program.
``(b) Use of Grant Amounts.--Grants awarded to States, Indian
tribal governments, or State court systems under this section may only
be used to--
``(1) carry out, as necessary, assessments of the
capabilities of the courts of the State or Indian tribal
government for the automation and transmission of arrest and
conviction records, court orders including those for domestic
violence, and mental health adjudications or commitments to
Federal and State record repositories;
``(2) implement policies, systems, and procedures for the
automation and transmission of arrest and conviction records,
court orders including those for domestic violence, and mental
health adjudications or commitments to Federal and State record
repositories;
``(3) create electronic systems that provide accurate and
up-to-date information which is directly related to checks
under the National Instant Criminal Background Check System,
including court disposition and corrections records;
``(4) assist States or Indian tribal governments in
establishing or enhancing their own capacities to perform
background checks using the National Instant Criminal
Background Check System; and
``(5) develop and maintain the relief from disabilities
program in accordance with section 105.
``(c) Eligibility.--To be eligible for a grant under this section,
a State, Indian tribal government, or State court system shall certify,
to the satisfaction of the Attorney General, that the State, Indian
tribal government, or State court system is not prohibited by State law
or court order from submitting mental health records to the National
Instant Criminal Background Check System.
``(d) Federal Share.--
``(1) Studies, assessments, non-material activities.--The
Federal share of a study, assessment, creation of a task force,
or other non-material activity, as determined by the Attorney
General, carried out with a grant under this section shall be
not more than 25 percent.
``(2) Infrastructure or system development.--The Federal
share of an activity involving infrastructure or system
development, including labor-related costs, for the purpose of
improving State or Indian tribal government record reporting to
the National Instant Criminal Background Check System carried
out with a grant under this section may amount to 100 percent
of the cost of the activity.
``(e) Grants to Indian Tribes.--Up to 5 percent of the grant
funding available under this section may be reserved for Indian tribal
governments for use by Indian tribal judicial systems.
``(f) Preferential Consideration.--In awarding grants under this
section, the Attorney General shall give preferential consideration to
a State or Indian tribal government that has--
``(1) successfully met the benchmarks established under
section 102(b)(2); and
``(2) implemented a relief from disabilities program in
accordance with section 105.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $100,000,000 for each of fiscal
years 2016 through 2020.'';
(2) by striking title III; and
(3) in section 401(b), by inserting after ``of this Act''
the following: ``and 18 months after the date of enactment of
the NICS Reporting Improvement Act''.
(b) Technical and Conforming Amendment.--The table of sections in
section 1(b) of the NICS Improvement Amendments Act of 2007 (18 U.S.C.
922 note) is amended--
(1) by striking the item relating to section 103 and
inserting the following:
``Sec. 103. Grants to States for improvement of coordination and
automation of NICS record reporting.'';
(2) by striking the item relating to title III; and
(3) by striking the item relating to section 301.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act. | NICS Reporting Improvement Act This bill amends the NICS Improvement Amendments Act of 2007 to revise the requirement for states to provide to the Department of Justice (DOJ), as an eligibility condition to receive a grant under the NICS Act Record Improvement Program (NARIP) and a waiver of the grant match requirement under the National Criminal History Improvement Program, estimates of firearms-related disqualifying records. It directs DOJ to establish a four-year state implementation plan, including benchmarks, to maximize the automation and submission of mental health and criminal history records to the National Instant Criminal Background Check System (NICS). DOJ must reduce a state's allocation of funds under the Edward Byrne Memorial Justice Assistance Grant Program for failing to comply with benchmarks. The bill reauthorizes through FY2020 the NARIP grant program and revises it, among other things, to: add state court systems to the list of eligible grant recipients; require a grant applicant to certify, as an eligibility condition, that no state law or court order prohibits the submission of mental health records to NICS; and create a preference for grant applicants that meet the benchmarks included in the state implementation plan. The bill repeals the grant program for state and tribal court systems to improve the automation and submission of mental health and criminal history records. | {"src": "billsum_train", "title": "NICS Reporting Improvement Act"} | 1,812 | 284 | 0.518226 | 1.679108 | 0.696684 | 1.808163 | 6.791837 | 0.771429 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Health Care Cost
Reduction Act of 2012''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repeal of medical device excise tax.
Sec. 3. Repeal of disqualification of expenses for over-the-counter
drugs under certain accounts and
arrangements.
Sec. 4. Taxable distributions of unused balances under health flexible
spending arrangements.
Sec. 5. Recapture of overpayments resulting from certain federally-
subsidized health insurance.
SEC. 2. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(c) Clerical Amendment.--The table of subchapters for chapter 32 of
such Code is amended by striking the item relating to subchapter E.
SEC. 3. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER CERTAIN ACCOUNTS AND ARRANGEMENTS.
(a) HSAs.--Subparagraph (A) of section 223(d)(2) of the Internal
Revenue Code of 1986 is amended by striking the last sentence.
(b) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such
Code is amended by striking the last sentence.
(c) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of such Code is amended by striking
subsection (f).
(d) Effective Date.--The amendments made by this section shall
apply to expenses incurred after December 31, 2012.
SEC. 4. TAXABLE DISTRIBUTIONS OF UNUSED BALANCES UNDER HEALTH FLEXIBLE
SPENDING ARRANGEMENTS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended by redesignating subsections (k) and (l) as subsections (l)
and (m), respectively, and by inserting after subsection (j) the
following new subsection:
``(k) Taxable Distributions of Unused Balances Under Health
Flexible Spending Arrangements.--
``(1) In general.--For purposes of this section and
sections 105(b) and 106, a plan or other arrangement which (but
for any qualified distribution) would be a health flexible
spending arrangement shall not fail to be treated as a
cafeteria plan or health flexible spending arrangement (and
shall not fail to be treated as an accident or health plan)
merely because such arrangement provides for qualified
distributions.
``(2) Qualified distributions.--For purposes of this
subsection, the term `qualified distribution' means any
distribution to an individual under the arrangement referred to
in paragraph (1) with respect to any plan year if--
``(A) such distribution is made after the last date
on which requests for reimbursement under such
arrangement for such plan year may be made and not
later than the end of the 7th month following the close
of such plan year, and
``(B) such distribution does not exceed the lesser
of--
``(i) $500, or
``(ii) the excess of--
``(I) the salary reduction
contributions made under such
arrangement for such plan year, over
``(II) the reimbursements for
expenses incurred for medical care made
under such arrangement for such plan
year.
``(3) Tax treatment of qualified distributions.--Qualified
distributions shall be includible in the gross income of the
employee in the taxable year in which distributed and shall be
taken into account as wages or compensation under the
applicable provisions of subtitle C when so distributed.
``(4) Coordination with qualified reservist
distributions.--A qualified reservist distribution (as defined
in subsection (h)(2)) shall not be treated as a qualified
distribution and shall not be taken into account in applying
the limitation of paragraph (2)(B)(i).''.
(b) Conforming Amendment.--Paragraph (1) of section 409A(d) of such
Code is amended by striking ``and'' at the end of subparagraph (A), by
striking the period at the end of subparagraph (B) and inserting ``,
and'', and by adding at the end the following new subparagraph:
``(C) a health flexible spending arrangement to
which subsection (h) or (k) of section 125 applies.''.
(c) Effective Date.--The amendments made by this section shall
apply to plan years beginning after December 31, 2012.
SEC. 5. RECAPTURE OF OVERPAYMENTS RESULTING FROM CERTAIN FEDERALLY-
SUBSIDIZED HEALTH INSURANCE.
(a) In General.--Paragraph (2) of section 36B(f) of the Internal
Revenue Code of 1986 is amended by striking subparagraph (B).
(b) Conforming Amendment.--So much of paragraph (2) of section
36B(f) of such Code, as amended by subsection (a), as precedes
``advance payments'' is amended to read as follows:
``(2) Excess advance payments.--If the''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 2013.
Passed the House of Representatives June 7, 2012.
Attest:
KAREN L. HAAS,
Clerk. | Health Care Cost Reduction Act of 2012 - Amends the Internal Revenue Code to: (1) repeal the excise tax on medical devices; (2) repeal restrictions on payments from health savings accounts, Archer medical savings accounts, and health flexible spending and reimbursement arrangements to only prescription drugs or insulin (thus allowing distributions from such accounts for over-the-counter drugs); (3) allow amounts in a flexible spending arrangement (FSA), up to $500, that are not spent for medical care to be distributed to the FSA participant as taxable income after the close of a plan year (currently, such unspent amounts are forfeited); and (4) repeal the limitation on the recapture of advance payments of the tax credit for health insurance premium assistance that exceed the allowable credit amount for a taxable year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to repeal the excise tax on medical devices."} | 1,335 | 172 | 0.550329 | 1.574251 | 0.769926 | 1.677215 | 6.981013 | 0.803797 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Emergency Re-establishment
of Obligations (NERO) Act''.
SEC. 2. EMERGENCY AUTHORITY OF CHAIRMAN.
(a) In General.--The Chairman of the Nuclear Regulatory Commission
may not exercise emergency authority to make decisions or take actions
otherwise reserved for the full Commission unless the Chairman has
declared an emergency based on--
(1) an imminent safety threat to a facility or materials
licensed or regulated by the Commission; or
(2) a determination by the Secretary of Homeland Security,
the Secretary of Energy, the Secretary of Transportation, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, or the Director of National
Intelligence that a security incident exists that poses an
imminent threat to a facility or materials licensed or
regulated by the Commission.
(b) Additional Requirements.--If the Chairman declares an emergency
under subsection (a)--
(1) the Chairman shall within 1 hour notify each member of
the Commission and appropriate Commission staff offices, and
within 4 days shall notify the Congress, of--
(A) the declaration, including specific reference
to the emergency on which the declaration is based; and
(B) all actions and recommendations made under the
emergency authority;
(2) the Chairman shall ensure that all members of the
Commission are provided timely and current access to all
records and information, and all Commission staff involved,
relating to actions taken during the emergency;
(3) to the extent practicable, the Chairman shall consult
with the full Commission on any actions to be taken under the
emergency;
(4) the Chairman shall terminate the emergency period not
later than the termination of the threat or determination on
which the emergency declaration is based under subsection (a);
(5) not later than 1 day after the termination of the
emergency, the Chairman shall notify each member of the
Commission, and notify the Congress, of such termination; and
(6) not later than 10 days after the termination of the
emergency, the Chairman shall submit a complete report to the
Commission on the actions taken during the emergency.
(c) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Nuclear Regulatory Commission shall
revise its procedures to comply with the requirements of this section.
Such revision shall define the roles of the Commissioners during an
emergency, specifying complete--
(1) access to records and information relating to actions
taken during the emergency;
(2) access to Commission staff involved in the management
of the emergency;
(3) access to the location or locations where decisions are
made during the emergency; and
(4) participation in decisions that affect Commission
actions and policies beyond the response to a particular
emergency.
SEC. 3. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, to a member of Congress
in his or her capacity as chairman or ranking minority member of a
Committee of Congress, shall include a certification that the letter or
document is being sent to both the Chairman and ranking minority member
of that Committee in accordance with published procedures of the
Commission.
SEC. 4. APPOINTMENT OF COMMISSION OFFICERS.
All appointments by the Chairman of the Nuclear Regulatory
Commission of the officers of the Commission shall be subject to
approval by the full Commission, and service as such an officer shall
be dependent on a vote of affirmation by the full Commission at least
once every 2 years.
SEC. 5. TIME LIMITS FOR COMMISSION REVIEW OF BRIEFS REQUESTED.
(a) In General.--Except as provided in subsection (b), if the
Nuclear Regulatory Commission issues an order requesting parties to
file briefs relating to whether the Commission should review, uphold,
or overturn a decision by the Licensing Board--
(1) the Commission shall vote on the matter not later than
40 days after receipt of such briefs; and
(2) not later than 10 days after such vote, the Commission
shall publish its decision, including, except in the case of
adjudicatory matters, the votes of each of the members of the
Commission.
(b) Exception.--Subsection (a) shall not apply to orders requesting
parties to file briefs relating to revocation of a previously issued
license.
SEC. 6. ALLEGATIONS OF WRONGDOING.
(a) Referral to Inspector General.--Not later than 90 days after
the date of enactment of this Act, the Nuclear Regulatory Commission
shall revise its procedures to ensure that any allegation of wrongdoing
on the part of the Chairman of the Commission is referred to the
Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Nuclear Regulatory
Commission with respect to an allegation described in subsection (a),
the responsibility for supervising the Inspector General shall be
delegated to a member of the Commission other than the Chairman.
SEC. 7. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all domestic and international travel requested by other members of the
Commission for official business unless the Chairman submits a notice
of disapproval to the full Commission specifying the basis for the
disapproval. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 8. BUDGET REVIEW AND DEVELOPMENT.
No budget or budget revision shall be adopted for the Nuclear
Regulatory Commission unless each member of the Commission has been
given an opportunity to--
(1) participate in the development of such budget or
revision after being provided access to all relevant
information used in such development; and
(2) vote on the approval of such budget or revision. | Nuclear Emergency Re-establishment of Obligations (NERO) Act - Prohibits the Chairman of the Nuclear Regulatory Commission (NRC) from exercising emergency authority to make decisions or take actions otherwise reserved for the full Commission unless the Chairman has declared an emergency based upon: (1) an imminent safety threat to a facility or materials licensed or regulated by the NRC, or (2) a determination by senior officials of designated agencies that a security incident exists that poses an imminent threat to a facility or materials licensed or regulated by the NRC.
Prescribes additional procedures if the Chairman does declare such emergency exists.
Subjects to approval by the full Commission all appointments by the NRC Chairman of NRC officers.
Prescribes time limits for NRC review of requested briefs.
Directs the NRC to revise its procedures to ensure that any allegation of wrongdoing on the part of the NRC Chairman is referred to the Inspector General of the NRC.
Instructs the NRC Chairman to authorize all domestic and international travel requested by NRC members for official business unless a notice of disapproval is submitted to the full Commission specifying the basis for the disapproval.
Prohibits adoption of any budget or budget revision unless each NRC member has been given an opportunity to: (1) participate in the development of such budget or revision after being provided access to all relevant information, and (2) vote on the approval of such budget or revision. | {"src": "billsum_train", "title": "To clarify the authority of the Chairman of the Nuclear Regulatory Commission to act on behalf of the Commission during emergencies, and for other purposes."} | 1,274 | 315 | 0.632323 | 1.922574 | 0.940976 | 5.511194 | 4.425373 | 0.884328 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Veterans Health Care Act of
2006''.
SEC. 2. OUTREACH PROGRAM TO VETERANS IN RURAL AREAS.
(a) Program.--The Secretary of Veterans Affairs shall conduct an
extensive outreach program to identify and provide information to
veterans who served in the theater of operations for Operation Iraqi
Freedom or Operation Enduring Freedom and who reside in rural
communities in order to enroll those veterans in the health care system
of the Department of Veterans Affairs during the period when they are
eligible for such enrollment.
(b) Features of Program.--In carrying out the program under
subsection (a), the Secretary shall seek to work at the local level
with employers, State agencies, community health centers located in
rural areas, rural health clinics, and critical access hospitals
located in rural areas, and units of the National Guard and other
reserve components based in rural areas, in order to increase the
awareness of veterans and their families of the availability of health
care provided by the Secretary and the means by which those veterans
can achieve access to the health care services provided by the
Department of Veterans Affairs.
SEC. 3. ACCESS TO VET CENTERS IN RURAL AREAS.
(a) Expansion of Access.--The Secretary of Veterans Affairs shall
expand access to Vet Centers in rural areas. In carrying out this
section, the Secretary shall conduct a pilot program for the operation
of at least two mobile Vet Centers in rural areas for a period of five
years.
(b) Vet Center Defined.--In this section, the term ``Vet Center''
has the meaning given the term ``center'' in section 1712A(i)(1) of
title 38, United States Code.
SEC. 4. QUALITY CARE IN RURAL AREAS.
(a) Requirement.--The Secretary of Veterans Affairs shall develop
and implement a plan for improving the access of veterans to health
care in rural areas. The plan shall be developed in consultation with
the Advisory Committee on Rural Veterans established under section 546
of title 38, United States Code, as added by section 6.
(b) Matters to Be Included.--The plan developed under subsection
(a) shall include the following:
(1) A review of progress in implementing the proposed 156
community-based outpatient clinics, and plans for further
implementation of those proposed clinics, that were included in
the May 2004 Secretary's CARES Decision Document, announcing
the implementation of the Department of Veterans Affairs health
care planning process called Capital Asset Realignment for
Enhanced Services (CARES), plans for establishment of
additional community-based outpatient clinics, and plans for
health-care outreach centers.
(2) Measures for meeting the long-term care needs of rural
veterans through nursing homes of the Department of Veterans
Affairs and State veterans homes.
(3) Expansion for rural veterans of the adult day-care and
respite care programs of the Department.
(4) Expansion for rural veterans of the use of telemedicine
to enhance care coordination and access to specialized care for
such veterans.
(5) Measures for meeting the needs of rural veterans for
mental health care.
(c) Timetable.--The plan required by subsection (a) shall be
submitted to Congress not later than nine months after the date of the
enactment of this Act and shall be implemented not later than two years
thereafter.
SEC. 5. HEALTH INFORMATION TECHNOLOGY.
The Secretary of Veterans Affairs shall establish a health
information technology pilot program to ensure a continuum of quality
of care for rural veterans who receive health care provided by the
Secretary both directly through facilities of the Department of
Veterans Affairs and as fee-basis care through non-Department providers
and facilities, including, where appropriate, community health centers,
rural health clinics, and critical access hospitals. The pilot program
shall be conducted for a period of four years.
SEC. 6. ADVISORY COMMITTEE ON RURAL VETERANS.
(a) New Advisory Committee.--Chapter 5 of title 38, United States
Code, is amended by adding at the end the following new section:
``Sec. 546. Advisory Committee on Rural Veterans
``(a)(1) The Secretary shall establish an advisory committee to be
known as the Advisory Committee on Rural Veterans (hereinafter in this
section referred to as `the Committee').
``(2)(A) The Committee shall consist of members appointed by the
Secretary from the general public, including--
``(i) representatives of rural veterans;
``(ii) individuals who are recognized authorities in fields
pertinent to the needs of rural veterans, including specific or
unique health-care needs of rural veterans and access issues of
rural veterans;
``(iii) individuals who have expertise in the delivery of
mental health care in rural areas;
``(iv) individuals who have expertise in the delivery of
long-term care in rural areas;
``(v) at least one veterans service organization
representative from a rural State; and
``(vi) representatives of rural veterans with service-
connected disabilities.
``(B) The Committee shall include, as ex officio members--
``(i) the Secretary of Health and Human Services (or a
representative of the Secretary of Health and Human Services
designated by that Secretary);
``(ii) the Director of the Indian Health Service (or a
representative of that Director); and
``(iii) the Under Secretary for Health and the Under
Secretary for Benefits, or their designees.
``(C) The Secretary may invite representatives of other departments
and agencies of the United States to participate in the meetings and
other activities of the Committee.
``(3) The Secretary shall determine the number, terms of service,
and pay and allowances of members of the Committee appointed by the
Secretary, except that a term of service of any such member may not
exceed three years. The Secretary may reappoint any such member for
additional terms of service.
``(b) The Secretary shall, on a regular basis, consult with and
seek the advice of the Committee with respect to the administration of
benefits by the Department for rural veterans, reports and studies
pertaining to rural veterans, and the needs of rural veterans with
respect to primary care, mental health care, and long-term care needs
of rural veterans.
``(c)(1) Not later than September 1 of each odd-numbered year
through 2013, the Committee shall submit to the Secretary a report on
the programs and activities of the Department that pertain to rural
veterans. Each such report shall include--
``(A) an assessment of the needs of rural veterans with
respect to primary care, mental health care, and long-term care
needs of rural veterans and other benefits and programs
administered by the Department;
``(B) a review of the programs and activities of the
Department designed to meet such needs; and
``(C) such recommendations (including recommendations for
administrative and legislative action) as the Committee
considers appropriate.
``(2) The Secretary shall, within 60 days after receiving each
report under paragraph (1), submit to the Congress a copy of the
report, together with any comments concerning the report that the
Secretary considers appropriate.
``(3) The Committee may also submit to the Secretary such other
reports and recommendations as the Committee considers appropriate.
``(4) The Secretary shall submit with each annual report submitted
to the Congress pursuant to section 529 of this title a summary of all
reports and recommendations of the Committee submitted to the Secretary
since the previous annual report of the Secretary submitted pursuant to
such section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``546. Advisory Committee on Rural Veterans.''.
SEC. 7. RURAL HEALTH RESEARCH, EDUCATION, AND CLINICAL CARE CENTERS.
(a) In General.--(1) Subchapter II of chapter 73 of title 38,
United States Code, is amended by adding at the end the following new
section:
``Sec. 7329. Rural health research, education, and clinical care
centers
``(a) The Secretary, upon the recommendation of the Under Secretary
for Health and pursuant to the provisions of this section, shall
designate a minimum of four Department health care facilities as the
locations for centers of rural health research, education, and clinical
activities and (subject to the appropriation of sufficient funds for
such purpose) shall establish and operate such centers at such
locations in accordance with this section.
``(b) The centers established under this section shall--
``(1) conduct research on rural health services;
``(2) allow the Department to use specific models for
furnishing services to treat rural veterans;
``(3) provide education and training for health care
professionals of the Department; and
``(4) develop and implement innovative clinical activities
and systems of care for the Department.
``(c) In designating locations for centers under subsection (a),
the Secretary, upon the recommendation of the Under Secretary for
Health, shall--
``(1) assure appropriate geographic distribution of such
centers;
``(2) assure that one of the centers shall focus on mental
health, including substance abuse treatment;
``(3) assure that one of the centers shall focus on case
management of chronic diseases;
``(4) assure that one of the centers shall focus on
telemedicine; and
``(5) assure that at least one of the centers shall be
located to collaborate with a Rural Health Research Center of
the Department of Health and Human Services in a geographic
service area of the Department of Veterans Affairs that
includes several rural States.
``(d) The Secretary may not designate a health care facility as a
location for a center under subsection (a) unless the peer review panel
established under subsection (e) has determined under that subsection
that the proposal submitted by such facility as a location for a new
center under subsection (a) is among those proposals that have met the
highest competitive standards of scientific and clinical merit and the
Secretary (upon the recommendation of the Under Secretary for Health)
determines that the facility has (or may reasonably be anticipated to
develop) each of the following:
``(1) An arrangement under which medical, nursing, or
allied health personnel receive training and education in the
unique aspects of rural care through regular rotation through
rurally located facilities and community based outpatient
clinics.
``(2) The ability to attract the participation of
scientists and clinicians who are capable of ingenuity and
creativity in health care research efforts.
``(3) A policymaking advisory committee composed of
appropriate health care and research representatives of the
facility and of the affiliated school or schools to advise the
directors of such facility and such center on policy matters
pertaining to the activities of such center during the period
of the operation of such center.
``(4) The capability to coordinate, as part of an
integrated national system, education, clinical, and research
activities within all facilities with such centers.
``(5) The capability to jointly develop a consortium of
providers with interest in improving quality care in rural
areas.
``(6) The capability to develop a national repository for
the collection of best practices and evidenced based care to
rural veterans.
``(7) The capability to effectively conduct evaluations of
the activities of such center.
``(e)(1) In order to provide advice to assist the Secretary and the
Under Secretary for Health in carrying out their responsibilities under
this section, the Assistant Under Secretary for Health shall establish
a panel to assess the scientific and clinical merit of proposals that
are submitted to the Secretary for the establishment of new centers
under this section.
``(2) The membership of the panel shall consist of experts in the
fields pertinent to the needs of rural veterans, including mental
health care and long-term care. Members of the panel shall serve as
consultants to the Department for a period of no longer than six
months.
``(3) The panel shall review each proposal submitted to the panel
by the Assistant Under Secretary and shall submit its views on the
relative scientific and clinical merit of each such proposal to the
Assistant Under Secretary.
``(4) The panel shall not be subject to the Federal Advisory
Committee Act.
``(f) Before providing funds for the operation of any such center
at a health care facility other than a health care facility designated
under subsection (c)(1), the Secretary shall assure that the center at
each facility designated under such subsection is receiving adequate
funding to enable such center to function effectively in the areas of
rural health care research, education, and clinical activities.
``(g) There are authorized to be appropriated such sums as may be
necessary for the support of the research and education activities of
the centers established pursuant to subsection (a). The Under Secretary
for Health shall allocate to such centers from other funds appropriated
generally for the Department medical care account and medical and
prosthetics research account, as appropriate, such amounts as the Under
Secretary for Health determines appropriate.
``(h) Activities of clinical and scientific investigation at each
center established under subsection (a) shall be eligible to compete
for the award of funding from funds appropriated for the Department
medical and prosthetics research account and shall receive priority in
the award of funding from such account insofar as funds are awarded to
projects for research in rural health care.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 7328 the
following new item:
``7329. Rural health research, education, and clinical care centers.''.
(b) Designation of Centers.--The Secretary of Veterans Affairs
shall designate the centers for rural health research, education, and
clinical activities required by section 7329 of title 38, United States
Code (as added by subsection (a)), not later than one year after the
date of the enactment of this Act.
(c) Annual Reports.--
(1) Annual report.--Not later than 18 months after the date
of the designation of centers for rural health research,
education, and clinical activities required by section 7329 of
title 38, United States Code (as so added), and annually
thereafter for the next three years, the Secretary shall submit
to the Committees on Veterans' Affairs of the Senate and House
of Representatives a report on the status and activities of
such centers during the one-year period beginning on the date
of such designation, for the first such report, and for
successive one-year periods, for subsequent reports.
(2) Matter to be included.--Each such report shall include,
for the period covered by the report, the following:
(A) A description of the activities carried out at
each center and the funding provided for such
activities.
(B) A description of any advances made in the
participating programs of each center in research,
education, training, and clinical activities related to
rural health.
SEC. 8. HOMELESS RURAL VETERANS.
Section 2061(b) of title 38, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) rural.''.
SEC. 9. RURAL EDUCATION AND TRAINING OF HEALTH PROFESSIONALS.
The Secretary of Veterans Affairs shall carry out activities to
enhance the education, training, retention, and recruitment of health
professionals in rural areas. As part of such activities, the Secretary
shall--
(1) establish additional rotations for medical residents in
rural areas;
(2) establish programs to enhance the education, training,
recruitment, and retention of nurses in rural areas; and
(3) establish programs to enhance the education, training,
recruitment, and retention of allied health professionals in
rural areas.
SEC. 10. NATIVE AMERICANS.
The Secretary of Veterans Affairs shall expand the health care
presence of the Department of Veterans Affairs in Native American,
Native Hawaiian, and Native Alaskan rural communities in order to
improve access to Department of Veterans Affairs health care services
for veterans in those communities. | Rural Veterans Health Care Act of 2006 - Directs the Secretary of Veterans Affairs to: (1) conduct an outreach program to identify and provide information to veterans who served in Operations Iraqi Freedom or Enduring Freedom and who reside in rural communities in order to enroll those veterans in the Department of Veterans Affairs (VA) health care system; (2) expand access to Vet Centers in rural areas; (3) develop and implement a plan for improving veterans access to health care in rural areas; (4) establish a health information technology pilot program to ensure quality care for rural veterans through VA facilities; (5) establish the Advisory Committee on Rural Veterans; (6) designate at least four VA health care facilities as centers of rural health research, education, and clinical activities; (7) include rural veterans in a current VA grant program for homeless veterans with special needs; (8) enhance the education, training, retention, and recruitment of health professionals in rural areas; and (9) expand VA health care presence in Native American, Native Hawaiian, and Native Alaskan rural communities. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to improve health care for veterans in rural areas, and for other purposes."} | 3,444 | 212 | 0.648542 | 1.65785 | 0.940973 | 4.791469 | 16.331754 | 0.952607 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arctic Research, Monitoring, and
Observing Act of 2012''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) The United States is an Arctic Nation with--
(A) an approximately 700-mile border with the
Arctic Ocean;
(B) more than 100,000,000 acres of land above the
Arctic Circle; and
(C) an even broader area defined as Arctic by
temperature, which includes the Bering Sea and Aleutian
Islands.
(2) The Arctic region of the United States is home to an
indigenous population that has subsisted for millennia on the
abundance in marine mammals, fish, and wildlife, many of which
are unique to the region.
(3) Temperatures in the United States Arctic region have
warmed by 3 to 4 degrees Celsius over the past half-century, a
rate of increase that is twice the global average.
(4) The Arctic ice pack is rapidly diminishing and
thinning, and the National Oceanic and Atmospheric
Administration estimates the Arctic Ocean may be ice free
during summer months in as few as 30 years.
(5) Such changes to the Arctic region are having a
significant impact on the indigenous people of the Arctic,
their communities and ecosystems, as well as the marine
mammals, fish, and wildlife upon which they depend.
(6) Such changes are opening new portions of the United
States Arctic continental shelf to possible development for
offshore oil and gas, commercial fishing, marine shipping, and
tourism.
(7) Existing Federal research and science advisory programs
focused on the environmental and socioeconomic impacts of a
changing Arctic lack a cohesive, coordinated, and integrated
approach and are not adequately coordinated with State, local,
academic, and private-sector Arctic research programs.
(8) The lack of research integration and synthesis of
findings of Arctic research has impeded the progress of the
United States and international community in understanding
climate change impacts and feedback mechanisms in the Arctic
Ocean.
(9) An improved scientific understanding of the changing
Arctic is critical to the development of appropriate and
effective regional, national, and global climate change
adaptation strategies.
(b) Purpose.--The purpose of this Act is to establish a permanent
program to conduct research, monitoring, and observation activities in
the Arctic--
(1) to promote and sustain a productive and resilient
marine, coastal, and estuarine ecosystem in the Arctic and the
human uses of its natural resources through greater
understanding of how the ecosystem works and monitoring and
observation of its vital signs; and
(2) to track and evaluate the effectiveness of natural
resource management in the Arctic in order to facilitate
improved performance and adaptive management.
SEC. 3. ARCTIC RESEARCH COMMISSION.
(a) Duties of the Arctic Research Commission.--Section 104(a) of
the Arctic Research and Policy Act of 1984 (15 U.S.C. 4103(a)) is
amended--
(1) in paragraph (2), by striking ``assist in
establishing'' and inserting ``establish'';
(2) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively; and
(3) by inserting after paragraph (2) the following:
``(3) provide--
``(A) grants to Federal, State, local, or tribal
governments and academic and private organizations to
conduct research on or related to the Arctic, including
to the marine environment of the Arctic Ocean, its
adjacent seas or associated lesser bodies of water; and
``(B) such grants on the basis of merit in
accordance with such national Arctic research program
plan;''.
(b) Administration of the Commission.--Section 106 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4105) is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon and ``and''; and
(3) by adding at the end the following:
``(6) enter into agreements with appropriate agencies or
organizations to administer grants made pursuant to this title
for Arctic research including reimbursement from funds of the
Commission to administer such grants.''.
(c) Compensation of Commission Members.--Section 103(d)(1) of the
Arctic Research and Policy Act of 1984 (15 U.S.C. 4102(d)(1)) is
amended by striking ``for compensation'' in the second sentence and
inserting ``by the Federal Government or any State or local
government''.
(d) Conflicts of Interest.--
(1) Arctic research commission.--Section 103 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4102) is amended by
adding at the end the following:
``(e) The Commission shall adopt conflict of interest and recusal
provisions that apply to any decision by the Commission and to all
members of the Commission as if each member of the Commission is an
`affected individual' within the meaning of section 302(j) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(j)), except that in addition to the disclosure requirements of
paragraph (2) of such section 302(j), each Commission member shall
disclose any financial interest or relationship in an organization or
with an individual that is applying for funding from the Commission
held by the Commission member, including an interest as an officer,
director, trustee, partner, employee, contractor, agent, or other
representative.''.
(2) North pacific research board.--Subsection (e) of
section 401 of the Department of the Interior and Related
Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is
amended--
(A) in paragraph (4)(B), by striking ``15 percent''
and inserting ``20 percent''; and
(B) by striking paragraph (5) and inserting the
following:
``(5) The Board shall adopt conflict of interest and
recusal provisions that apply to any decision by the Board and
to all members of the Board as if each member of the Board is
an `affected individual' within the meaning of section 302(j)
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852(j)), except that in addition to the disclosure
requirements of paragraph (2) of such section 302(j), each
Board member shall disclose any financial interest or
relationship in an organization or with an individual that is
applying for funding from the Board, including an interest as
an officer, director, trustee, partner, employee, contractor,
agent, or other representative.''.
SEC. 4. ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND.
(a) Transfer and Availability of Amounts Earned.--Subsection (c) of
section 401 of the Department of the Interior and Related Agencies
Appropriations Act, 1998 (43 U.S.C. 1474d) is amended--
(1) in paragraph (1), by striking ``To the extent provided
in the subsequent appropriations Acts, 80 percent of such
amounts shall be made available'' and inserting ``40 percent of
such amounts shall be made available without further
appropriations'';
(2) in paragraph (2), by striking ``20 percent'' and
inserting ``25 percent''; and
(3) by adding at the end the following:
``(3) 25 percent of such amounts shall be made without
further appropriation to the United States Arctic Research
Commission for the purposes of carrying out research and
monitoring in the Arctic as provided in subsection (f).
``(4) 10 percent of such amounts shall be made available
without further appropriations to the Secretary of Commerce to
fund the Alaska Ocean Observing Program as provided in
subsection (g).''.
(b) Use of Funds.--Section 401 of the Department of the Interior
and Related Agencies Appropriations Act, 1998 (43 U.S.C. 1474d) is
amended by adding at the end the following:
``(f) United States Arctic Research Commission.--Funds available
under subsection (c)(3) shall be used by the Arctic Research Commission
established by section 103 of the Arctic Research and Policy Act of
1984 to provide grants to Federal and State governments and academic
and private organizations to conduct research and monitoring, including
the identification of Important Ecological Areas, on or related to the
Arctic, including the marine environment of the Arctic Ocean, its
adjacent seas or associated lesser bodies of water. Not more than 20
percent of such funds may be used to provide support for the Arctic
Research Commission and administer grants under this subsection.''.
``(g) Alaska Ocean Observing System.--Funds available under
subsection (c)(4) shall be used to support the Alaska Ocean Observing
System in a manner consistent with the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3601 et seq.), for the
purpose of establishing long-term ocean observing systems and
monitoring programs in waters of the United States in the North
Pacific, Bering Sea, and Arctic Ocean. Not more than 20 percent of the
funds made available pursuant to subsection (c)(4) may be used to
provide administrative support under this subsection.
``(h) Duplication of Effort; Report.--Programs and grants funded
pursuant to paragraphs (2), (3), and (4) of subsection (c) shall seek
to avoid duplicating other research activities. The North Pacific
Research Board, the Arctic Research Commission, and the Alaska Ocean
Observing System shall--
``(1) meet not less than once annually to promote
coordination among research programs and projects; and
``(2) submit to Congress and the President an annual report
on the status of research conducted pursuant to this title.
``(i) Arctic Defined.--In this section, the term `Arctic' has the
meaning given that term in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).''. | Arctic Research, Monitoring, and Observing Act of 2012 - Amends the Arctic Research and Policy Act of 1984 to direct the Arctic Research Commission to provide merit-based grants to federal, state, local, or tribal governments and academic and private organizations to conduct research on or related to the Arctic in accordance with the national Arctic research program plan.
Authorizes the Commission to enter into agreements with appropriate agencies or organizations to administer grants made pursuant to this Act for Arctic research, including reimbursement from funds of the Commission to administer such grants.
Revises the requirements for compensation of Commission members not presently employed by the federal government or any state or local government.
Instructs the Commission to adopt conflict of interest and recusal provisions that apply to decisions of the Commission and to all Commission members as if each member is an affected individual within the meaning of the Magnuson-Stevens Fishery Conservation and Management Act. Includes disclosure of any financial interest in or relationship to a party that is applying for funding from the Commission held by the Commission member.
Amends the Department of the Interior and Related Agencies Appropriations Act, 1998, with respect to the North Pacific Research Board, to: (1) increase the maximum percentage of funds provided to the Secretary of Commerce for grants to conduct marine research in the north Pacific Ocean, Bering Sea, and Arctic Ocean that may be used for support for the Board and to administer such grants; and (2) direct the Board to adopt conflict of interest provisions similar to those required of the Commission by this Act.
Revises the administration of the Environmental Improvement and Restoration Fund to: (1) reduce by half the amount of interest earned and covered into the Fund and make available such amount without further appropriation to the National Park Service, the U.S. Fish and Wildlife Service, the Bureau of Land Management (BLM), and the Forest Service for high priority deferred maintenance and modernization of facilities to enhance visitors' experience; (2) increase to 25% the amount made available to carry out marine research activities in the North Pacific; and (3) require 25% of such amounts to be made available to the Commission to carry out Arctic research and monitoring and 10% to fund the Alaska Ocean Observing System as provided in this Act.
Requires the North Pacific Research Board, the Commission, and the Alaska Ocean Observing System to meet at least once annually to promote coordination among research programs and projects and report annually on the status of the research conducted pursuant to this Act. | {"src": "billsum_train", "title": "A bill to promote research, monitoring, and observation of the Arctic and for other purposes."} | 2,199 | 512 | 0.51879 | 1.67579 | 0.662226 | 3.487552 | 4.271784 | 0.894191 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Railroad Antitrust Enforcement Act
of 2015''.
SEC. 2. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS.
Section 16 of the Clayton Act (15 U.S.C. 26) is amended--
(1) by striking ``That any person'' and inserting the
following:
``(a) In General.--Subject to subsection (c), any person'';
(2) by striking ``proceedings,'' and inserting
``proceedings.'';
(3) by striking ``and upon'' and inserting the following:
``(b) Preliminary Injunction.--A preliminary injunction may be
issued upon'';
(4) by striking ``, a preliminary injunction may issue:
Provided, That nothing'' and all that follows through
``subtitle IV of title 49, United States Code.'' and inserting
the following:
``(c) Savings Provision.--Nothing in this section may be construed
to entitle any person, firm, corporation, or association, except the
United States, to bring suit for injunctive relief against any common
carrier subject to the jurisdiction of the Surface Transportation Board
under part B or C of subtitle IV of title 49.''; and
(5) by striking ``In any action'' and inserting the
following:
``(d) Costs and Attorney's Fees.--In any action''.
SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS.
Section 7 of the Clayton Act (15 U.S.C. 18) is amended--
(1) in the first undesignated paragraph, by striking ``That
no person'' and inserting the following:
``(a) No person'';
(2) in the second undesignated paragraph, by striking ``No
person shall'' and inserting the following:
``(b) No person shall'';
(3) in the third undesignated paragraph, by striking ``This
section'' and inserting the following:
``(c) This section'';
(4) in the fourth undesignated paragraph, by striking ``Nor
shall anything herein contained be construed'' and inserting
the following:
``(d) Nothing in this section may be construed'';
(5) in the fifth undesignated paragraph--
(A) by striking ``Nothing contained in this section
shall be held'' and inserting the following:
``(e) Nothing in this section--
``(1) shall be held''; and
(B) by striking ``acquired: Provided, That nothing
in this section shall be held or construed'' and
inserting the following: ``acquired; or
``(2) shall be held or construed''; and
(6) by amending the sixth undesignated paragraph to read as
follows:
``(f) Nothing in this section shall apply to transactions duly
consummated pursuant to authority given by the Secretary of
Transportation, the Secretary of Agriculture, the Surface
Transportation Board (except for transactions described in section
11321 of title 49, United States Code), the Federal Energy Regulatory
Commission in the exercise of its jurisdiction under the Public Utility
Holding Company Act of 2005 (subtitle F of title XII of Public Law 109-
58), or the United States Maritime Commission under any law vesting
such power in such Secretary, Board, or Commission.''.
SEC. 4. LIMITATION OF PRIMARY JURISDICTION.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by redesignating sections 26, 27, and 28 as sections
17, 18, and 19, respectively; and
(2) by adding at the end the following:
``Sec. 21. In any civil action against a common carrier railroad
under section 4, 4C, 15, or 16, the district court shall not be
required to defer to the primary jurisdiction of the Surface
Transportation Board.''.
SEC. 5. FEDERAL TRADE COMMISSION ENFORCEMENT.
(a) Clayton Act.--Section 11(a) of the Clayton Act (15 U.S.C.
21(a)) is amended by inserting ``(except for agreements described in
section 10706 of that title and transactions described in section 11321
of that title)'' after ``United States Code''.
(b) FTC Act.--Section 5(a)(2) of the Federal Trade Commission Act
(15 U.S.C. 45(a)(2)) is amended by striking ``common carriers subject''
and inserting ``common carriers, except for railroads, subject''.
SEC. 6. EXPANSION OF TREBLE DAMAGES TO RAIL COMMON CARRIERS.
Section 4 of the Clayton Act (15 U.S.C. 15) is amended by--
(1) in subsection (a), by striking ``Except as provided in
subsection (b)'' and inserting ``Except as provided in
subsection (c)'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
``(b) Subsection (a) shall apply to any common carrier railroad
subject to the jurisdiction of the Surface Transportation Board under
subtitle IV of title 49, United States Code, without regard to whether
such railroad has filed rates or whether a complaint challenging a rate
has been filed.''.
SEC. 7. TERMINATION OF EXEMPTIONS IN TITLE 49, UNITED STATES CODE.
(a) In General.--Section 10706 of title 49, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``, and the
Sherman Act'' and all that follows through ``carrying
out the agreement'';
(B) in paragraph (4), by striking ``The Sherman
Act'' and all that follows through ``such agreement.
However the Board'' and inserting ``The Board''; 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'';
and
(2) by amending subsection (e) to read as follows:
``(e)(1) Nothing in this section may be construed to exempt a
proposed agreement described in subsection (a) from the application of
the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et
seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section
73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of
June 19, 1936 (15 U.S.C. 13 et seq.).
``(2) In reviewing any such proposed agreement for the purpose of
any provision of law described in paragraph (1), the Board shall take
into account, among other considerations, the impact of the proposed
agreement on shippers, consumers, and affected communities.''.
(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, 4C, 15, and 16 of
the Clayton Act (15 U.S.C. 15, 15c, 25, and 26), the
authority''; and
(B) by striking ``is exempt from the antitrust laws
and from all other law,'' and inserting ``is exempt
from any other law (except the antitrust laws referred
to in subsection (c)),''; and
(2) by adding at the end the following:
``(c)(1) Nothing in this section may be construed to exempt a
transaction described in subsection (a) from the application of the
Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C. 12 et
seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), section
73 or 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9), or the Act of
June 19, 1936 (15 U.S.C. 13 et seq.).
``(2) Paragraph (1) 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.
``(3) In reviewing any such transaction for the purpose of any
provision of law described in paragraph (1), the Board shall take into
account, among other considerations, the impact of the transaction on
shippers and on affected communities.''.
(c) Conforming Amendments.--Chapter 107 of title 49, United States
Code, is amended--
(1) in the table of sections, by striking the item relating
to section 10706 and inserting the following:
``10706. Rate agreements.''.
(2) in section 10706, by amending the section heading to
read as follows: ``Rate agreements''.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act
shall take effect on the date of the enactment of this Act.
(b) Conditions.--
(1) Previous conduct.--A civil action under section 4, 15,
or 16 of the Clayton Act (15 U.S.C. 15, 25, and 26) or a
complaint under section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) may not be filed with respect to any conduct or
activity that occurred before the date of the enactment of this
Act that was previously exempted from the antitrust laws (as
defined in the first section of the Clayton Act (15 U.S.C. 12))
by orders of the Interstate Commerce Commission or the Surface
Transportation Board issued pursuant to law.
(2) Grace period.--A civil action or complaint described in
paragraph (1) may not be filed before the date that is 180 days
after the date of the enactment of this Act with respect to--
(A) any previously exempted conduct or activity; or
(B) any previously exempted agreement that is
continued subsequent to such date of enactment. | Railroad Antitrust Enforcement Act of 2015 Amends the Clayton Act to grant the United States exclusive authority to bring suit for injunctive relief against any common carrier that is not a rail common carrier and that is subject to the jurisdiction of the Surface Transportation Board (STB). This covers motor carriers, water carriers, brokers, freight forwarders, and pipeline carriers. Declares 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.Empowers the Federal Trade Commission to regulate, and engage in antitrust enforcement regarding, collective rate agreements and certain transactions, including railroad mergers and acquisitions. Permits treble damages against common carrier railroads in antitrust suits to parties injured by antitrust violations without regard to whether such railroads have filed rates or whether a complaint challenging rates has been filed. Amends federal transportation law to terminate the exemptions from antitrust laws for collective ratemaking agreements. Requires the STB, when reviewing a proposed agreement, to take into account its impact upon shippers, consumers, and affected communities. Exempts from antitrust law the pooling of railroad cars approved by the STB or its predecessor agency. | {"src": "billsum_train", "title": "Railroad Antitrust Enforcement Act of 2015"} | 2,377 | 268 | 0.486651 | 1.39954 | 0.6058 | 3.330275 | 9.605505 | 0.844037 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reducing Exposure to Asbestos
Database Act of 2015'' or the ``READ Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Administrator of the Environmental Protection
Agency has classified asbestos as a category A human
carcinogen, the highest cancer hazard classification for a
substance;
(2) the International Agency for Research on Cancer has
classified asbestos as a class 1 human carcinogen;
(3) despite the enactment of the Asbestos Information Act
of 1988 (15 U.S.C. 2607 note; Public Law 100-577), which sought
to improve transparency and public awareness of the presence of
asbestos in commercial materials and products, many people in
the United States still incorrectly believe that--
(A) asbestos has been banned in the United States;
and
(B) there is no risk of exposure to asbestos
through the use of new commercial products;
(4) asbestos is still being imported and used, and is
otherwise present as a contaminant, in some consumer and
industrial products in the United States;
(5) according to the Environmental Protection Agency, the
manufacture, importation, processing, and distribution in
commerce of many asbestos-containing products are not banned in
the United States, including--
(A) cement corrugated sheet;
(B) cement flat sheet;
(C) clothing;
(D) pipeline wrap;
(E) roofing felt;
(F) vinyl floor tile;
(G) cement shingle;
(H) millboard;
(I) cement pipe;
(J) automatic transmission components;
(K) clutch facings;
(L) friction materials;
(M) disc brake pads;
(N) drum brake linings;
(O) brake blocks;
(P) gaskets;
(Q) non-roofing coatings; and
(R) roof coatings;
(6) consumers and workers are at risk of asbestos exposure,
and families of workers are also put at risk because of
asbestos brought home by the workers on the shoes, clothes,
skin, and hair of the workers;
(7) the Environmental Working Group estimates that as many
as 10,000 citizens of the United States die each year from
mesothelioma and other asbestos-related diseases;
(8) the National Institutes of Health reported to Congress
that mesothelioma is a difficult disease to detect, diagnose,
and treat;
(9) mesothelioma responds poorly to conventional
chemotherapy, and although new combination treatments for
mesothelioma have demonstrated some benefits--
(A) the median survival period for mesothelioma is
only 1 year after diagnosis of the disease; and
(B) the majority of mesothelioma patients die
within 2 years of diagnosis of the disease; and
(10) until asbestos is completely banned from being used in
or imported into the United States, transparent and accessible
information about the location and identity of asbestos and
asbestos-containing products in the United States is necessary
to better protect consumers, workers, families, and the people
of the United States.
SEC. 3. ESTABLISHMENT OF ASBESTOS-CONTAINING PRODUCT DATABASE.
The Asbestos Information Act of 1988 (15 U.S.C. 2607 note; Public
Law 100-577) is amended--
(1) in section 4--
(A) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) Asbestos-containing product.--The term `asbestos-
containing product' means any product (including any part) to
which asbestos is deliberately or knowingly added or in which
asbestos is deliberately used or knowingly present in any
concentration.'';
(2) in section 2, by inserting ``(referred to in this Act
as the `Administrator')'' after ``Administrator of the
Environmental Protection Agency''; and
(3) by adding at the end the following:
``SEC. 5. ASBESTOS-CONTAINING PRODUCT DATABASE.
``(a) In General.--Using funds otherwise made available to the
Administrator, the Administrator shall, in accordance with this
section, establish and maintain a database of asbestos-containing
products (referred to in this Act as the `database') that is--
``(1) publicly available;
``(2) searchable; and
``(3) accessible through the website of the Administrator.
``(b) Submission of Detailed Implementation Plan to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Administrator shall submit to
the appropriate congressional committees a detailed plan for
establishing and maintaining the database, including plans for
the operation, content, maintenance, and functionality of the
database.
``(2) Integration.--The plan described in paragraph (1)
shall detail the integration of the database into the overall
information technology improvement objectives and plans of the
Administrator.
``(3) Implementation.--The plan described in paragraph (1)
shall include--
``(A) a detailed implementation schedule for the
database; and
``(B) plans for a public awareness campaign
conducted by the Administrator to increase awareness of
the database.
``(c) Date of Initial Availability.--Not later than 180 days after
the date on which the Administrator submits the plan under subsection
(b)(1), the Administrator shall establish the database.
``(d) Submission of Information on Asbestos-Containing Products.--
``(1) In general.--Beginning on the date that is 270 days
after the date of enactment of this section, and not less
frequently than annually thereafter, any person who
manufactured, processed, distributed, sold, imported,
transported, or stored an asbestos-containing product in the
immediately preceding calendar year shall submit to the
Administrator a written report, in a form to be determined by
the Administrator, containing information sufficient to
identify the characteristics and location of the asbestos-
containing products.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) the type or class of asbestos-containing
product;
``(B) the manufacturer of the asbestos-containing
product;
``(C) any applicable import history of the
asbestos-containing product;
``(D) the name and street address of any location
accessible by the public in which the person has
reasonable knowledge that the asbestos-containing
product has been present within the immediately
preceding calendar year; and
``(E) any additional information the Administrator
determines is appropriate to enable consumers and
workers to avoid exposure to asbestos-containing
products.
``(e) Organization of Database.--The Administrator shall--
``(1) categorize the information available on the
database--
``(A) in a manner consistent with the public
interest; and
``(B) in such manner as the Administrator
determines will facilitate easy use by consumers; and
``(2) ensure, to the maximum extent practicable, that the
database is sortable and accessible by--
``(A) the date on which information is submitted
for inclusion in the database;
``(B) the name of the asbestos-containing product;
``(C) the model name;
``(D) the name of the manufacturer;
``(E) the name of the importer, if applicable;
``(F) the name of the reporting person;
``(G) the name and street address of any location
in which an asbestos-containing product is reported to
have been present; and
``(H) any other element the Administrator considers
to be in the public interest.
``SEC. 6. PENALTIES.
``(a) In General.--Any person who knowingly manufactured,
processed, distributed, sold, imported, transported, or stored an
asbestos-containing product in the immediately preceding calendar year
and who did not submit a report to the Administrator under section 5
shall be liable for a civil penalty of $10,000 for each day after the
deadline under section 5(d)(1) the report has not been submitted.
``(b) False or Inaccurate Information.--Any person who knowingly
provides false or inaccurate information in a report under section 5 or
who knowingly fails to provide information required in a report under
section 5 shall be liable for a civil penalty of $10,000 for each
violation of this paragraph.''.
SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
Not later than 2 years after the Administrator of the Environmental
Protection Agency establishes the database of asbestos-containing
products under section 5(a) of the Asbestos Information Act of 1988 (15
U.S.C. 2607 note; Public Law 100-577) (referred to in this section as
the ``database''), the Comptroller General of the United States shall
submit to the appropriate congressional committees a report that
contains--
(1) an analysis of the utility of the database, including--
(A) an assessment of the extent of use of the
database by consumers, including--
(i) whether the database is accessed by a
broad range of the public; and
(ii) whether consumers find the database to
be useful; and
(B) efforts by the Administrator to inform the
public about the database;
(2) recommendations for measures to increase use of the
database by consumers; and
(3) recommendations for measures to further reduce the harm
caused by exposure to asbestos, including bans on the
importation and use of asbestos-containing products. | Reducing Exposure to Asbestos Database Act of 2015 or the READ Act This bill amends the Asbestos Information Act of 1988 to require the Environmental Protection Agency (EPA) to establish and maintain a database of asbestos-containing products. The database must be accessible through EPA's website, publicly available, and searchable. An asbestos-containing product is any product to which asbestos is deliberately or knowingly added or in which asbestos is deliberately used or knowingly present in any concentration. Any person who manufactured, processed, distributed, sold, imported, transported, or stored an asbestos-containing product must report to the EPA each year to identify the characteristics and location of the asbestos-containing products. Civil penalties are imposed upon any person who knowingly: (1) manufactured, processed, distributed, sold, imported, transported, or stored an asbestos-containing product and who did not submit a report; or (2) provides false or inaccurate information in a report or fails to provide required information. The Government Accountability Office must report on the utility of the database. The report must contain recommendations for measures to increase use of the database by consumers and further reduce the harm caused by exposure to asbestos. | {"src": "billsum_train", "title": "READ Act"} | 2,089 | 248 | 0.514687 | 1.543184 | 0.75694 | 5.248908 | 8.720524 | 0.934498 |
SECTION 1. SHORT TITLE; ETC.
(a) Short Title.--This Act may be cited as the ``Small Business
Jobs Tax Extenders Act of 2011''.
(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 of this Act is as
follows:
Sec. 1. Short title; etc.
Sec. 2. Findings.
TITLE I--EXTENSION OF SMALL BUSINESS TAX RELIEF
Sec. 101. Extension of temporary exclusion of 100 percent of gain on
certain small business stock.
Sec. 102. Extension of 5-year carryback of general business credits of
eligible small businesses.
Sec. 103. Extension of alternative minimum tax rules for general
business credits of eligible small
businesses.
Sec. 104. Extension of temporary reduction in recognition period for
built-in gains tax.
Sec. 105. Extension of increased expensing limitations and treatment of
certain real property as section 179
property.
Sec. 106. Extension of bonus depreciation.
Sec. 107. Extension of special rule for long-term contract accounting.
Sec. 108. Extension of increased amount allowed as a deduction for
start-up expenditures.
Sec. 109. Extension of allowance of deduction for health insurance in
computing self-employment taxes.
TITLE II--OFFSETTING PROVISIONS
Sec. 201. Expansion of affordability exception to individual mandate.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) A vibrant and growing small business sector is critical
to the recovery of the economy of the United States.
(2) Small businesses represent 99.7 percent of all employer
firms and generate approximately two-thirds of net new jobs.
(3) Broadening the tax base and lowering statutory rates
through comprehensive tax reform is preferable to short term
tax rate extensions.
(4) There is no consensus on Congressional passage and
implementation of such reform at this time; it is therefore
critical that tax relief for small businesses promulgated in
the Small Business Jobs Act of 2010 be extended.
TITLE I--EXTENSION OF SMALL BUSINESS TAX RELIEF
SEC. 101. EXTENSION OF TEMPORARY EXCLUSION OF 100 PERCENT OF GAIN ON
CERTAIN SMALL BUSINESS STOCK.
(a) In General.--Paragraph (4) of section 1202(a) is amended--
(1) by striking ``January 1, 2012'' and inserting ``January
1, 2013'', and
(2) by striking ``and 2011'' and inserting ``2011, and
2012'' in the heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to stock acquired after December 31, 2011.
SEC. 102. EXTENSION OF 5-YEAR CARRYBACK OF GENERAL BUSINESS CREDITS OF
ELIGIBLE SMALL BUSINESSES.
(a) In General.--Subparagraph (A) of section 39(a)(4) is amended by
``or 2011'' after ``2010''.
(b) Effective Date.--The amendment made by this section shall apply
to credits determined in taxable years beginning after December 31,
2010.
SEC. 103. EXTENSION OF ALTERNATIVE MINIMUM TAX RULES FOR GENERAL
BUSINESS CREDITS OF ELIGIBLE SMALL BUSINESSES.
(a) In General.--Subparagraph (A) of section 38(c)(5) is amended by
``or 2011'' after ``2010''.
(b) Effective Date.--The amendments made by this section shall
apply to credits determined in taxable years beginning after December
31, 2010, and to carrybacks of such credits.
SEC. 104. EXTENSION OF TEMPORARY REDUCTION IN RECOGNITION PERIOD FOR
BUILT-IN GAINS TAX.
(a) In General.--Clause (ii) of section 1374(d)(7)(B) is amended by
inserting ``or 2012,'' after ``2011''.
(b) Conforming Amendment.--The heading for section 1372(d)(7)(B) is
amended by striking ``and 2011'' and inserting ``2011, and 2012''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 105. EXTENSION OF INCREASED EXPENSING LIMITATIONS AND TREATMENT OF
CERTAIN REAL PROPERTY AS SECTION 179 PROPERTY.
(a) In General.--Section 179(b) is amended--
(1) by striking ``2010 or 2011'' each place it appears in
paragraph (1)(B) and (2)(B) and inserting ``2010, 2011, or
2012'',
(2) by striking ``2012'' each place it appears in paragraph
(1)(C) and (2)(C) and inserting ``2013'', and
(3) by striking ``2012'' each place it appears in paragraph
(1)(D) and (2)(D) and inserting ``2013''.
(b) Inflation Adjustment.--Subparagraph (A) of section 179(b)(6) is
amended by striking ``2012'' and inserting ``2013''.
(c) Computer Software.--Section 179(d)(2)(A)(ii) is amended by
striking ``2013'' and inserting ``2014''.
(d) Election.--Section 179(c)(2) is amended by striking ``2013''
and inserting ``2014''.
(e) Special Rules for Treatment of Qualified Real Property.--
Section 179(f)(1) is amended by striking ``2010 or 2011'' and inserting
``2010, 2011, or 2012''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2011.
SEC. 106. EXTENSION OF BONUS DEPRECIATION.
(a) In General.--Paragraph (2) of section 168(k) is amended--
(1) by striking ``January 1, 2014'' in subparagraph (A)(iv)
and inserting ``January 1, 2015'', and
(2) by striking ``January 1, 2013'' each place it appears
and inserting ``January 1, 2014''.
(b) 100 Percent Expensing.--Paragraph (5) of section 168(k) is
amended--
(1) by striking ``January 1, 2013'' and inserting ``January
1, 2014'', and
(2) by striking ``January 1, 2012'' each place it appears
and inserting ``January 1, 2013''.
(c) Extension of Election To Accelerate the AMT Credit in Lieu of
Bonus Depreciation.--
(1) In general.--Subclause (II) of section
168(k)(4)(D)(iii) is amended by striking ``2013'' and inserting
``2014''.
(2) Round 3 extension property.--Paragraph (4) of section
168(k) is amended by adding at the end the following new
subparagraph:
``(J) Special rules for round 3 extension
property.--
``(i) In general.--In the case of round 3
extension property, this paragraph shall be
applied without regard to--
``(I) the limitation described in
subparagraph (B)(i) thereof, and
``(II) the business credit increase
amount under subparagraph (E)(iii)
thereof.
``(ii) Taxpayers previously electing
acceleration.--In the case of a taxpayer who
made the election under subparagraph (A) for
its first taxable year ending after March 31,
2008, a taxpayer who made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, or a taxpayer
who made the election under subparagraph
(I)(iii) for its first taxable year ending
after December 31, 2010--
``(I) the taxpayer may elect not to
have this paragraph apply to round 3
extension property, but
``(II) if the taxpayer does not
make the election under subclause (I),
in applying this paragraph to the
taxpayer the bonus depreciation amount,
maximum amount, and maximum increase
amount shall be computed and applied to
eligible qualified property which is
round 3 extension property.
The amounts described in subclause (II) shall
be computed separately from any amounts
computed with respect to eligible qualified
property which is not round 2 extension
property.
``(iii) Taxpayers not previously electing
acceleration.--In the case of a taxpayer who
neither made the election under subparagraph
(A) for its first taxable year ending after
March 31, 2008, nor made the election under
subparagraph (H)(ii) for its first taxable year
ending after December 31, 2008, nor made the
election under subparagraph (I)(iii) for its
first taxable year ending after December 31,
2010--
``(I) the taxpayer may elect to
have this paragraph apply to its first
taxable year ending after December 31,
2011, and each subsequent taxable year,
and
``(II) if the taxpayer makes the
election under subclause (I), this
paragraph shall only apply to eligible
qualified property which is round 3
extension property.
``(iv) Round 3 extension property.--For
purposes of this subparagraph, the term `round
3 extension property' means property which is
eligible qualified property solely by reason of
the extension of the application of the special
allowance under paragraph (1) pursuant to the
amendments made by section 7(a) of the Small
Business Jobs Tax Extenders Act of 2011 (and
the application of such extension to this
paragraph pursuant to the amendment made by
section 7(c)(1) of such Act).''.
(d) Conforming Amendments.--
(1) The heading for subsection (k) of section 168 is
amended by striking ``January 1, 2013'' and inserting ``January
1, 2014''.
(2) The heading for clause (ii) of section 168(k)(2)(B) is
amended by striking ``pre-january 1, 2013'' and inserting
``pre-january 1, 2014''.
(3) Paragraph (5) of section 168(l) is amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (C) as
subparagraph (B), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) by substituting `January 1, 2013' for
`January 1, 2014' in clause (i) thereof, and''.
(4) Subparagraph (C) of section 168(n)(2) is amended by
striking ``January 1, 2013'' and inserting ``January 1, 2014''.
(5) Subparagraph (D) of section 1400L(b)(2) is amended by
striking ``January 1, 2013'' and inserting ``January 1, 2014''.
(6) Subparagraph (B) of section 1400N(d)(3) is amended by
striking ``January 1, 2013'' and inserting ``January 1, 2014''.
(e) Effective Dates.--The amendments made by this section shall
apply to property placed in service after December 31, 2011, in taxable
years ending after such date.
SEC. 107. EXTENSION OF SPECIAL RULE FOR LONG-TERM CONTRACT ACCOUNTING.
(a) In General.--Clause (ii) of section 460(c)(6)(B) is amended by
striking ``January 1, 2011 (January 1, 2012'' and inserting ``January
1, 2012 (January 1, 2013''.
(b) Effective Date.--The amendment made by this section shall apply
to property placed in service after December 31, 2010.
SEC. 108. EXTENSION OF INCREASED AMOUNT ALLOWED AS A DEDUCTION FOR
START-UP EXPENDITURES.
(a) In General.--Paragraph (3) of section 195(b) is amended--
(1) by inserting ``or 2011'' after ``2010'', and
(2) by inserting ``and 2011'' in the heading thereof.
(b) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred in taxable years beginning after
December 31, 2010.
SEC. 109. EXTENSION OF ALLOWANCE OF DEDUCTION FOR HEALTH INSURANCE IN
COMPUTING SELF-EMPLOYMENT TAXES.
(a) In General.--Paragraph (4) of section 162(l) is amended by
striking ``December 31, 2010'' and inserting ``December 31, 2011''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2010.
TITLE II--OFFSETTING PROVISIONS
SEC. 201. EXPANSION OF AFFORDABILITY EXCEPTION TO INDIVIDUAL MANDATE.
Section 5000A(e)(1) is amended by striking ``8 percent'' each place
it appears and inserting ``5 percent''. | Small Business Jobs Tax Extenders Act of 2011 - Amends the Internal Revenue Code to extend for one year certain tax expenditures for small businesses, including: (1) the 100% exclusion from gross income of gain from the sale or exchange of qualified small business stock, (2) the five-year carryback of tax credit amounts of eligible small businesses, (3) increased expensing and accelerated depreciation allowances, (4) the increased tax deduction for business start-up expenses, and (5) the tax deduction allowed for the health insurance costs of self-employed individuals.
Exempts from the requirement to purchase health insurance under the Patient Protection and Affordable Care Act an indivdual whose required contribution (determined on an annual basis) for coverage for a month exceeds 5% (currently 8%) of such individual's household income for the taxable year. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to extend certain provisions of the Creating Small Business Jobs Act of 2010, and for other purposes."} | 3,084 | 182 | 0.524257 | 1.402767 | 0.781736 | 1.707317 | 15.591463 | 0.768293 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foster Care Tax Credit Act''.
SEC. 2. FOSTER CARE TAX CREDIT.
(a) Allowance of Credit.--
(1) In general.--Subpart A of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by
inserting after section 25D the following new section:
``SEC. 25E. FOSTER CARE TAX CREDIT.
``(a) Allowance of Credit.--With respect to each qualifying foster
child of an eligible taxpayer, for each calendar month occurring during
the taxable year that such child resides in the home of such taxpayer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to \1/12\ of the amount
determined under subsection (b).
``(b) Amount Determined.--
``(1) In general.--The amount determined under this
subsection with respect to an eligible taxpayer and a taxable
year is--
``(A) $1,000, reduced by
``(B) $50 for each $1,000 (or fraction thereof) by
which the eligible taxpayer's modified adjusted gross
income exceeds the threshold amount.
For purposes of the preceding sentence, the term `modified
adjusted gross income' means adjusted gross income increased by
any amount excluded from gross income under section 911, 931,
or 933.
``(2) Threshold amount.--For purposes of paragraph (1), the
term `threshold amount' has the meaning given such term by
section 24(b)(2).
``(c) Qualifying Foster Child.--For purposes of this section, the
term `qualifying foster child' means an eligible foster child (within
the meaning of section 152(f)(1)(C)) of the eligible taxpayer--
``(1) who has not attained age 17,
``(2) who is a citizen, national, or resident of the United
States,
``(3) who resides in the home of the eligible taxpayer for
not less than 1 calendar month during the taxable year, and
``(4) with respect to whom the credit under section 24 is
not allowable to the eligible taxpayer or any other taxpayer
who would be an eligible taxpayer but for paragraph (3) of
subsection (d).
``(d) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any taxpayer, except that--
``(1) no single household shall include more than 1
eligible taxpayer,
``(2) married individuals filing a joint return shall be
treated as 1 eligible taxpayer, and
``(3) in the case of individuals not described in paragraph
(2) who are members of the same household, only the taxpayer
with the highest adjusted gross income for the taxable year
shall be treated as an eligible taxpayer.
``(e) Calendar Month.--For purposes of this section, if a foster
child resides in the home of the taxpayer for more than 15 consecutive
days of a calendar month but fewer than the total number of days in
such calendar month, such foster child shall be treated as residing in
the home of the taxpayer for the full calendar month.
``(f) Portion of Credit Refundable.--
``(1) In general.--The aggregate credits allowed to a
taxpayer under subpart C shall be increased by the lesser of--
``(A) the credit which would be allowed under this
section without regard to this subsection and the
limitation under section 26(a) (determined after any
reduction of the credit under section 24(a) by reason
of section 24(d)), or
``(B) the amount by which the aggregate amount of
credits allowed by this subpart (determined without
regard to this subsection, and after any reduction of
the credit under section 24(a) by reason of section
24(d)) would increase if the limitation imposed by
section 26(a) were increased by the greater of--
``(i) 15 percent of so much of the
taxpayer's earned income (within the meaning of
section 32) which is taken into account in
computing taxable income for the taxable year
as exceeds $3,000, or
``(ii) in the case of a taxpayer with 3 or
more qualifying foster children residing in the
home of the taxpayer for all months in the
taxable year (without regard to whether the
same 3 children reside in the home of the
taxpayer for all such months), the excess (if
any) of--
``(I) the taxpayer's social
security taxes for the taxable year,
over
``(II) the credit allowed under
section 32 for the taxable year.
The amount of the credit allowed under this
subsection shall not be treated as a credit
allowed under this subpart and shall reduce the
amount of credit otherwise allowable under
subsection (a) without regard to section 26(a).
For purposes of subparagraph (B), any amount
excluded from gross income by reason of section
112 shall be treated as earned income which is
taken into account in computing taxable income
for the taxable year.
``(2) Social security taxes.--For purposes of paragraph
(1), the term `social security taxes' has the same meaning as
when used in section 24(d)(1).
``(g) Identification Requirements.--
``(1) Qualifying child identification requirement.--No
credit shall be allowed under this section to an eligible
taxpayer with respect to any qualifying foster child unless the
taxpayer includes the name and taxpayer identification number
of such qualifying foster child on the return of tax for the
taxable year and such taxpayer identification number was issued
on or before the due date for filing such return.
``(2) Taxpayer identification requirement.--No credit shall
be allowed under this section if the identifying number of the
eligible taxpayer was issued after the due date for filing the
return for the taxable year.
``(h) Restrictions on Taxpayers Who Improperly Claimed Credit in
Prior Year.--
``(1) Taxpayers making prior fraudulent or reckless
claims.--
``(A) In general.--No credit shall be allowed under
this section for any taxable year in the disallowance
period.
``(B) Disallowance period.--For purposes of
subparagraph (A), the disallowance period is--
``(i) the period of 10 taxable years after
the most recent taxable year for which there
was a final determination that the taxpayer's
claim of credit under this section was due to
fraud, and
``(ii) the period of 2 taxable years after
the most recent taxable year for which there
was a final determination that the taxpayer's
claim of credit under this section was due to
reckless or intentional disregard of rules and
regulations (but not due to fraud).
``(2) Taxpayers making improper prior claims.--In the case
of a taxpayer who is denied credit under this section for any
taxable year as a result of the deficiency procedures under
subchapter B of chapter 63, no credit shall be allowed under
this section for any subsequent taxable year unless the
taxpayer provides such information as the Secretary may require
to demonstrate eligibility for such credit.''.
(2) Conforming amendments.--
(A) Section 6211(b)(4) of the Internal Revenue Code
of 1986 is amended by ``inserting 25E(f),'' before
``32,''.
(B) Section 1324(b)(2) of title 31, United States
Code, is amended by inserting ``25E,'' after ``25A,''.
(C) The table of sections for subpart A of part IV
of subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by inserting after the item
relating to section 25D the following new item:
``Sec. 25E. Foster care tax credit.''.
(b) Application of Tax Return Preparer Due Diligence Penalty.--
Section 6695(g) of the Internal Revenue Code of 1986 is amended by
inserting ``25E,'' after ``25A(a)(1),''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar months beginning after December 31, 2017, in taxable
years beginning after such date.
(d) Education.--The Secretary of Health and Human Services (or the
Secretary's delegate), in coordination with the Secretary of the
Treasury or such Secretary's delegate, shall identify provisions in the
Internal Revenue Code of 1986 that can be used by or can benefit foster
families, and shall increase outreach efforts to provide information
and educational materials regarding such provisions to State and Indian
tribal foster care agencies and to foster families. | Foster Care Tax Credit Act This bill amends the Internal Revenue Code to allow a partially refundable tax credit for each qualifying foster child who resides in the home of an eligible taxpayer for at least one calendar month during the taxable year. A "qualifying foster child" is a child in foster care who: (1) has not attained age 17; (2) is a citizen, national, or resident of the United States; and (3) with respect to whom the child tax credit is not allowable. In order to claim the credit, the name and taxpayer identification number of a foster child must be included on the taxpayer's tax return. No credit is allowed if the identification number of either the taxpayer or the qualifying child was issued after the due date for filing the return for the taxable year. The bill denies the tax credit to certain taxpayers who have made prior fraudulent or reckless claims for the credit within specified disallowance periods. The Department of Health and Human Services must identify provisions in the Internal Revenue Code that can benefit foster families and increase outreach efforts to inform state and Indian tribal foster care agencies and foster families about such provisions. | {"src": "billsum_train", "title": "Foster Care Tax Credit Act"} | 1,905 | 240 | 0.600536 | 1.715199 | 0.825512 | 3.216814 | 7.827434 | 0.853982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Support Act of
2008''.
SEC. 2. FEDERAL EMPLOYEES PROGRAM FOR USE OF LEAVE BY CAREGIVERS FOR
FAMILY MEMBERS OF INDIVIDUALS PERFORMING CERTAIN MILITARY
SERVICE.
(a) Federal Employees Program.--
(1) Definitions.--In this subsection:
(A) Caregiver.--The term ``caregiver'' means an
individual who--
(i) is an employee;
(ii) is at least 18 years of age; and
(iii) is capable of self care and care of
children or other dependent family members of a
qualified member of the Armed Forces.
(B) Covered period of service.--The term ``covered
period of service'' means any period of service
performed by an employee as a caregiver--
(i) while the individual who designated the
caregiver under paragraph (3)(A) remains a
qualified member of the Armed Forces; or
(ii) after being designated as the
caregiver under paragraph (3)(B) and while the
applicable qualified member of the Armed Forces
remains a qualified member of the Armed Forces.
(C) Employee.--Except as provided under paragraph
(5), the term ``employee'' has the meaning given under
section 6331 of title 5, United States Code.
(D) Family member.--The term ``family member''
includes--
(i) individuals for whom the qualified
member of the Armed Forces provides medical,
financial, and logistical support (such as
housing, food, clothing, or transportation);
and
(ii) children under the age of 19 years,
elderly adults, persons with disabilities, and
other persons who are unable to care for
themselves in the absence of the qualified
member of the Armed Forces.
(E) Qualified member of the armed forces.--The term
``qualified member of the Armed Forces''--
(i) means--
(I) a member of a reserve component
of the Armed Forces as described under
section 10101 of title 10, United
States Code, who has received notice to
report to, or is serving on, active
duty in the Armed Forces in support of
a contingency operation as defined
under section 101(a)(13) of title 10,
United States Code; or
(II) a member of the Armed Forces
on active duty who is eligible for
hostile fire or imminent danger special
pay under section 310 of title 37,
United States Code; and
(ii) includes a member described under
clause (i) who is medically discharged or
retires from the Armed Forces, but only for the
36 month period beginning on the date of that
medical discharge or retirement.
(2) Establishment of program.--The Office of Personnel
Management shall establish a program that--
(A) authorizes a caregiver to--
(i) use any sick leave of that caregiver
during a covered period of service; and
(ii) use any leave available to that
caregiver under subchapter III or IV of chapter
63 of title 5, United States Code, during a
covered period of service as though that
covered period of service is a medical
emergency;
(B) provides a process under which a caregiver
provides the employing agency reasonable notice of the
need for leave under this section, similar to the
process under which notice is provided to the employing
agency under subchapter V of chapter 63 of title 5,
United States Code; and
(C) protects employees from discrimination or
retaliation for the use of the leave under this section
and provides employees with the opportunity to appeal a
denial of the use of leave under this section.
(3) Designation of caregiver.--
(A) In general.--A qualified member of the Armed
Forces shall submit a written designation of the
individual who is the caregiver for any family member
of that member of the Armed Forces during a covered
period of service to the employing agency and the
Office of Personnel Management.
(B) Incapacitated members.--If a qualified member
of the Armed Forces who did not submit a designation
under subparagraph (A) becomes incapacitated and is
unable to submit that designation, a designation under
subparagraph (A) may be submitted on behalf of that
member by another individual in accordance with
regulations prescribed by the Office of Personnel
Management after consultation with the Department of
Defense.
(4) Use of caregiver leave.--Leave may only be used under
this subsection for purposes directly relating to, or resulting
from, the designation of an employee as a caregiver.
(5) Prohibition of coercion.--
(A) Definition.--In this section:
(i) Employee.--The term ``employee'' has
the meaning given under section 2105 of title
5, United States Code.
(ii) Intimidate, threaten, or coerce.--The
term ``intimidate, threaten, or coerce''
includes promising to confer or conferring any
benefit (such as appointment, promotion, or
compensation), or taking or threatening to take
any reprisal (such as deprivation of
appointment, promotion, or compensation).
(B) Prohibition.--An employee shall not directly or
indirectly intimidate, threaten, or coerce, or attempt
to intimidate, threaten, or coerce, any other employee
for the purpose of interfering with the exercise of any
rights which such other employee may have under this
Act.
(6) Regulations.--Not later than 120 days after the date of
enactment of this Act, the Office of Personnel Management shall
prescribe regulations to carry out this subsection.
(7) Termination.--The program under this subsection shall
terminate on December 31, 2012.
(b) GAO Report.--Not later than June 30, 2010, the Government
Accountability Office shall submit a report to Congress on the program
under subsections (a) that includes--
(1) an evaluation of the success of the program;
(2) recommendations for the continuance or termination of
the program; and
(3) a recommendation for the program or an expansion of the
Family and Medical Leave Act of 1993.
(c) Offset.--The aggregate amount authorized to be appropriated for
fiscal year 2008 for the use of the Department of Defense for research,
development, test and evaluation shall be reduced by $2,000,000. | Military Family Support Act of 2008 - Directs the Office of Personnel Management (OPM) to establish a program to authorize a caregiver (a federal employee at least 18 years of age capable of providing care to a child or other dependent family member of a member of the Armed Forces) to use: (1) any available sick leave for the provision of such care in the same manner as annual leave is used; and (2) any federal leave available to that caregiver as though that period of caregiving is a medical emergency.
Requires the program to: (1) provide a process for reasonable notice of the need for leave; and (2) protect employees from discrimination or retaliation for the use of leave under this Act and provide the opportunity to appeal a denial of its use. Requires the service member for whom the caregiving is provided to be performing service in support of a contingency operation or in situations for which hostile fire or imminent danger pay is authorized and to designate the caregiver for his or her family.
Terminates the program on December 31, 2012.
Provides for an offsetting reduction in FY2008 appropriations for the Department of Defense for research, development, test and evaluation. | {"src": "billsum_train", "title": "To provide for a Federal employees program to authorize the use of leave by caregivers for family members of certain individuals performing military service, and for other purposes."} | 1,436 | 255 | 0.592663 | 1.669147 | 0.698375 | 2.595652 | 5.5 | 0.873913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Private Fund Transparency Act of
2009''.
SEC. 2. DEFINITION OF FOREIGN PRIVATE ADVISERS.
Section 202(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-2(a)) is amended by adding at the end the following:
``(29) The term `foreign private adviser' means any
investment adviser who--
``(A) has no place of business in the United
States;
``(B) during the preceding 12 months has had--
``(i) fewer than 15 clients in the United
States; and
``(ii) assets under management attributable
to clients in the United States of less than
$25,000,000, or such higher amount as the
Commission may, by rule, deem appropriate in
accordance with the purposes of this title; and
``(C) neither holds itself out generally to the
public in the United States as an investment adviser,
nor acts as an investment adviser to any investment
company registered under the Investment Company Act of
1940, or a company which has elected to be a business
development company pursuant to section 54 of the
Investment Company Act of 1940, and has not withdrawn
its election.''.
SEC. 3. ELIMINATION OF PRIVATE ADVISER EXEMPTION; LIMITED EXEMPTION FOR
FOREIGN PRIVATE ADVISERS.
Section 203(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-3(b)(3)) is amended to read as follows:
``(3) any investment adviser that is a foreign private
adviser;''.
SEC. 4. COLLECTION OF SYSTEMIC RISK DATA; ANNUAL AND OTHER REPORTS.
Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
4) is amended--
(1) in subsection (a), by adding at the end the following:
``The Commission is authorized to require any investment
adviser registered under this title to maintain such records
and submit such reports as are necessary or appropriate in the
public interest for the supervision of systemic risk by any
Federal department or agency, and to provide or make available
to such department or agency those reports or records or the
information contained therein. The records of any company that,
but for section 3(c)(1) or 3(c)(7) of the Investment Company
Act of 1940, would be an investment company, to which any such
investment adviser provides investment advice, shall be deemed
to be the records of the investment adviser if such company is
sponsored by the investment adviser or any affiliated person of
the investment adviser or the investment adviser or any
affiliated person of the investment adviser acts as
underwriter, distributor, placement agent, finder, or in a
similar capacity for such company.''; and
(2) adding at the end the following:
``(d) Confidentiality of Reports.--Notwithstanding any other
provision of law, the Commission shall not be compelled to disclose any
supervisory report or information contained therein required to be
filed with the Commission under subsection (a). Nothing in this
subsection shall authorize the Commission to withhold information from
Congress or prevent the Commission from complying with a request for
information from any other Federal department or agency or any self-
regulatory organization requesting the report or information for
purposes within the scope of its jurisdiction, or complying with an
order of a court of the United States in an action brought by the
United States or the Commission. For purposes of section 552 of title
5, United States Code, this subsection shall be considered a statute
described in subsection (b)(3)(B) of such section 552.''.
SEC. 5. ELIMINATION OF PROVISION.
Section 210 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-
10) is amended by striking subsection (c).
SEC. 6. CLARIFICATION OF RULEMAKING AUTHORITY.
Section 211(a) of the Investment Advisers Act of 1940 (15 U.S.C.
80b-11) is amended--
(1) by striking the second sentence; and
(2) by striking the period at the end of the first sentence
and inserting the following: ``, including rules and
regulations defining technical, trade, and other terms used in
this title. For the purposes of its rules and regulations, the
Commission may--
``(1) classify persons and matters within its jurisdiction
and prescribe different requirements for different classes of
persons or matters; and
``(2) ascribe different meanings to terms (including the
term `client') used in different sections of this title as the
Commission determines necessary to effect the purposes of this
title.''. | Private Fund Transparency Act of 2009 - Amends the Investment Advisers Act of 1940 to: (1) repeal the exemption from its registration requirements for private investment advisers; and (2) continue to exempt from such requirements only foreign private advisers.
Authorizes the Securities and Exchange Commission (SEC) to require any registered investment adviser to maintain and submit records for federal supervision of systemic risk.
Shields the SEC from any compulsion to disclose any supervisory report or information that is required to be filed with the SEC.
Repeals the general disclaimer that no provision of the Act shall be construed to require, or to authorize the SEC to require any investment adviser engaged in rendering investment supervisory services to disclose the identity, investments, or affairs of any of its clients.
Empowers the SEC to ascribe different meanings to terms (including the term "client") used in different sections of the Act. | {"src": "billsum_train", "title": "A bill to require investment advisers to private funds, including hedge funds, private equity funds, venture capital funds, and others to register with the Securities and Exchange Commission, and for other purposes."} | 1,044 | 200 | 0.574735 | 1.578687 | 0.934419 | 2.377907 | 5.453488 | 0.854651 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Incentives for
Older Workers Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Prohibition of benefit reduction due to phased retirement.
Sec. 3. Allowance of delayed retirement Social Security credits until
age 72.
Sec. 4. Reduction in Social Security benefit offset resulting from
certain earnings.
Sec. 5. National Resource Center on Aging and the Workforce.
Sec. 6. Civil service retirement system computation for part-time
service.
Sec. 7. Workforce investment activities for older workers.
Sec. 8. Eligibility of older workers for the work opportunity credit.
Sec. 9. Normal retirement age.
SEC. 2. PROHIBITION OF BENEFIT REDUCTION DUE TO PHASED RETIREMENT.
(a) Prohibition of Benefit Reduction Due to Phased Retirement.--
(1) Amendment to the employee retirement income security
act of 1974.--Section 204(b)(1) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1054(b)(1)) is amended
by adding at the end the following:
``(I)(i) Notwithstanding the preceding
subparagraphs, in the case of a participant who--
``(I) begins a period of phased retirement,
and
``(II) was employed on a substantially
full-time basis during the 12-month period
preceding the period of phased retirement,
a defined benefit plan shall be treated as meeting the
requirements of this paragraph with respect to the
participant only if the participant's compensation or
average compensation taken into account under the plan
with respect to the years of service before the period
of phased retirement is not, for purposes of
determining the accrued benefit for such years of
service, reduced due to such phased retirement.
``(ii) For purposes of this subparagraph, a period
of phased retirement is a period during which an
employee is employed on substantially less than a full-
time basis or with substantially reduced
responsibilities, but only if the period begins after
the participant reaches age 50 or has completed 30
years of service creditable under the plan.''.
(2) Amendment to the internal revenue code of 1986.--
Section 411(b)(1) of the Internal Revenue Code of 1986
(relating to accrued benefits) is amended by adding at the end
the following:
``(I) Accrued benefit may not decrease on account
of phased retirement.--
``(i) In general.--Notwithstanding the
preceding subparagraphs, in the case of a
participant who--
``(I) begins a period of phased
retirement, and
``(II) was employed on a
substantially full-time basis during
the 12-month period preceding the
period of phased retirement,
a defined benefit plan shall be treated as
meeting the requirements of this paragraph with
respect to the participant only if the
participant's compensation or average
compensation taken into account under the plan
with respect to the years of service before the
period of phased retirement is not, for
purposes of determining the accrued benefit for
such years of service, reduced due to such
phased retirement.
``(ii) Period of phased retirement.--For
purposes of this subparagraph, a period of
phased retirement is a period during which an
employee is employed on substantially less than
a full-time basis or with substantially reduced
responsibilities, but only if the period begins
after the participant reaches age 50 or has
completed 30 years of service creditable under
the plan.''.
(b) Effective Date.--The amendments made by this section shall
apply to benefits payable after the date of enactment of this Act.
SEC. 3. ALLOWANCE OF DELAYED RETIREMENT SOCIAL SECURITY CREDITS UNTIL
AGE 72.
(a) In General.--Paragraphs (2) and (3) of section 202(w) of the
Social Security Act (42 U.S.C. 402(w)) are each amended by striking
``age 70'' and inserting ``age 72''.
(b) Effective Dates.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
SEC. 4. REDUCTION IN SOCIAL SECURITY BENEFIT OFFSET RESULTING FROM
CERTAIN EARNINGS.
(a) In General.--Section 203(f)(3) of the Social Security Act (42
U.S.C. 403(f)(3)) is amended by striking ``in the case of any
individual'' and all that follows through ``in the case of any other
individual''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
SEC. 5. NATIONAL RESOURCE CENTER ON AGING AND THE WORKFORCE.
(a) Establishment.--The Secretary of Labor shall award a grant for
the establishment and operation of a National Resource Center on Aging
and the Workforce to address issues on age and the workforce and to
collect, organize, and disseminate information on older workers.
(b) Activities.--The Center established under subsection (a)
shall--
(1) serve as a national information clearinghouse on
workforce issues, challenges, and solutions planning for older
workers that would serve employers, local communities, and
State and local government organizations, as well as other
public and private agencies, including providing for the
cataloging, organization, and summarizing of existing research,
resources, and scholarship relating to older workforce issues;
(2) identify best or most-promising practices across the
United States that have enjoyed success in productively
engaging older Americans in the workforce;
(3) create toolkits for employers, trade associations,
labor organizations, and non-profit employers that would
feature a series of issue papers outlining specific tasks and
activities for engaging older individuals in select industries;
(4) distribute information to government planners and
policymakers, employers, organizations representing and serving
older adults, and other appropriate entities through the
establishment of an interactive Internet website, the
publications of articles in periodicals, pamphlets, brochures,
and reports, as well as through national and international
conferences and events; and
(5) provide targeted and ongoing technical assistance to
select units of government, private corporations, and nonprofit
organizations.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be available in each fiscal year to carry
out this section.
SEC. 6. CIVIL SERVICE RETIREMENT SYSTEM COMPUTATION FOR PART-TIME
SERVICE.
Section 8339(p) of title 5, United States Code, is amended by
adding at the end the following:
``(3)(A) In the administration of paragraph (1)--
``(i) subparagraph (A) of such paragraph
shall apply to any service performed before,
on, or after April 7, 1986;
``(ii) subparagraph (B) of such paragraph
shall apply to all service performed on a part-
time or full-time basis on or after April 7,
1986; and
``(iii) any service performed on a part-
time basis before April 7, 1986, shall be
credited as service performed on a full-time
basis.
``(B) This paragraph shall be effective with
respect to any annuity entitlement to which is based on
a separation from service occurring on or after the
date of the enactment of this paragraph.''.
SEC. 7. WORKFORCE INVESTMENT ACTIVITIES FOR OLDER WORKERS.
(a) State Boards.--Section 111(b)(1)(C) of the Workforce Investment
Act of 1998 (29 U.S.C. 2821(b)(1)(C)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) representatives of older
individuals, who shall be representatives from
the State agency (as defined in section 102 of
the Older Americans Act of 1965 (42 U.S.C.
3002)) in the State or recipients of grants
under title V of such Act (42 U.S.C. 3056 et
seq.) in the State; and''.
(b) Local Boards.--Section 117(b)(2)(A) of such Act (29 U.S.C.
2832(b)(2)(A)) is amended--
(1) in clause (v), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(vii) representatives of older
individuals, who shall be representatives from
an area agency on aging (as defined in section
102 of the Older Americans Act of 1965 (42
U.S.C. 3002)) in the local area or recipients
of grants under title V of such Act (42 U.S.C.
3056 et seq.) in the local area; and''.
(c) Reservation of Funds for Older Individuals.--Section 134 of
such Act (29 U.S.C. 2864) is amended by adding at the end the
following:
``(f) Reservation for Older Individuals From Funds Allocated for
Adults.--
``(1) Definition.--In this subsection, the term `allocated
funds' means the funds allocated to a local area under
paragraph (2)(A) or (3) of section 133(b).
``(2) Reservation.--The local area shall ensure that 5
percent of the allocated funds that are used to provide
services under subsection (d) or (e) are reserved for services
for older individuals.''.
SEC. 8. ELIGIBILITY OF OLDER WORKERS FOR THE WORK OPPORTUNITY CREDIT.
(a) In General.--Section 51(d)(1) of the Internal Revenue Code of
1986 (relating to members of targeted groups) is amended--
(1) by striking ``or'' at the end of subparagraph (H),
(2) by striking the period at the end of subparagraph (I)
and inserting ``, or'', and
(3) by adding at the end the following new subparagraph:
``(J) a qualified older worker.''.
(b) Qualified Older Worker.--Section 51(d) of the Internal Revenue
Code of 1986 is amended--
(1) by redesignating paragraphs (11), (12), and (13) as
paragraphs (12), (13), and (14), respectively, and
(2) by inserting after paragraph (10) the following new
paragraph:
``(11) Qualified older worker.--The term `qualified older
worker' means any individual who is certified by the designated
local agency as being an individual who is age 55 or older and
whose income is not more than 125 percent of the poverty line
(as defined by the Office of Management and Budget), excluding
any income that is unemployment compensation, a benefit
received under title XVI of the Social Security Act (42 U.S.C.
1381 et seq.), a payment made to or on behalf of veterans or
former members of the Armed Forces under the laws administered
by the Secretary of Veterans Affairs, or 25 percent of a
benefit received under title II of the Social Security Act (42
U.S.C. 401 et seq.).''.
(c) Effective Date.--The amendments made this section shall apply
to amounts paid or incurred after the date of the enactment of this Act
to individuals who begin work for the employer after such date.
SEC. 9. NORMAL RETIREMENT AGE.
(a) Amendment to Internal Revenue Code of 1986.--Section 411of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new subsection:
``(f) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--For purposes of subsection (a)(8)(A), an
applicable plan shall not be treated as failing to meet any
requirement of this subchapter, or as failing to have a uniform
normal retirement age for purposes of this subchapter, solely
because the plan has adopted the normal retirement age
described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means
a defined benefit plan that, on the date of the
introduction of the Incentives for Older Workers Act,
has adopted a normal retirement age which is the
earlier of--
``(i) an age otherwise permitted under
subsection (a)(8)(A), or
``(ii) the age at which a participant
completes the number of years (not less than 30
years) of benefit accrual service specified by
the plan.
A plan shall not fail to be treated as an applicable
plan solely because, as of such date, the normal
retirement age described in the preceding sentence only
applied to certain participants or to certain employers
participating in the plan.
``(B) Expanded application.--If, after the date
described in subparagraph (A), an applicable plan
expands the application of the normal retirement age
described in subparagraph (A) to additional
participants or participating employers, such plan
shall also be treated as an applicable plan with
respect to such participants or participating
employers.''.
(b) Amendments to Employee Retirement Income Security Act of
1974.--Section 204 of the Employee Retirement Income Security Act of
1974 is amended by redesignating subsection (k) as subsection (l) and
by inserting after subsection (j) the following new subsection:
``(k) Special Rule for Determining Normal Retirement Age for
Certain Existing Defined Benefit Plans.--
``(1) In general.--For purposes of section 3(24), an
applicable plan shall not be treated as failing to meet any
requirement of this title, or as failing to have a uniform
normal retirement age for purposes of this title, solely
because the plan has adopted the normal retirement age
described in paragraph (2).
``(2) Applicable plan.--For purposes of this subsection--
``(A) In general.--The term `applicable plan' means
a defined benefit plan that, on the date of the
introduction of the Incentives for Older Workers Act,
has adopted a normal retirement age which is the
earlier of--
``(i) an age otherwise permitted under
section 2(24), or
``(ii) the age at which a participant
completes the number of years (not less than 30
years) of benefit accrual service specified by
the plan.
A plan shall not fail to be treated as an applicable
plan solely because, as of such date, the normal
retirement age described in the preceding sentence only
applied to certain participants or to certain employers
participating in the plan.
``(B) Expanded application.--If, after the date
described in subparagraph (A), an applicable plan
expands the application of the normal retirement age
described in subparagraph (A) to additional
participants or participating employers, such plan
shall also be treated as an applicable plan with
respect to such participants or participating
employers.''.
(c) Effective Date.--The amendments made by this section shall
apply to years beginning before, on, or after the date of the enactment
of this Act. | Incentives for Older Workers Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code (IRC) to prohibit a reduction in benefits for an employee under a defined benefit pension plan who has begun a phased retirement and was employed on a substantially full-time basis during the previous 12-month period before phased retirement.
Defines "phased retirement" as the period when an employee is employed on substantially less than a full-time basis or with substantially reduced responsibilities after reaching age 50 or completing 30 years of creditable service under the plan.
Amends the Social Security Act to raise from 70 to 72 the age up to which inidividuals are allowed to earn delayed retirement credits for purposes of the calculation of increased old-age insurance benefit payments.
Revises federal old-age, survivors, and disability insurance benefits requirements to eliminate the 50% reduction in such benefits due to an individual who claims benefits before reaching 66 years old and who continues to work. (Retains the 33 1/3% offset.)
Directs the Secretary of Labor to award a grant to establish a National Resource Center on Aging and the Workforce to act as a national information clearinghouse on workforce issues, challenges, and solutions for older workers.
Revises Civil Service Retirement System (CSRS) annuity computation requirements for retiring CSRS employees whose employment service includes part-time service.
Amends the Workforce Investment Act of 1998 (WIA) to revise the composition of state and local workforce investment boards to include representatives of older individuals. Sets aside 5% of WIA funds allocated to local areas for certain adult employment and training activities for activities for older workers.
Amends the IRC to expand eligibility for the Work Opportunity Tax Credit to qualified older workers (age 55 or older whose income does not exceed 125% of the poverty line).
Allows certain defined benefit pension plans to define normal retirement age as the earlier of the attainment of: (1) a specified allowed age; or (2) at least 30 years of service. | {"src": "billsum_train", "title": "A bill to improve the employability of older Americans."} | 3,491 | 442 | 0.542748 | 1.650749 | 0.832421 | 2.423469 | 7.867347 | 0.80102 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SEC Regulatory Accountability Act''.
SEC. 2. CONSIDERATION BY THE SECURITIES AND EXCHANGE COMMISSION OF THE
COSTS AND BENEFITS OF ITS REGULATIONS AND CERTAIN OTHER
AGENCY ACTIONS.
Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w)
is amended by adding at the end the following:
``(e) Consideration of Costs and Benefits.--
``(1) In general.--Before issuing a regulation under the
securities laws, as defined in section 3(a), the Commission
shall--
``(A) clearly identify the nature and source of the
problem that the proposed regulation is designed to
address, as well as assess the significance of that
problem, to enable assessment of whether any new
regulation is warranted;
``(B) utilize the Chief Economist to assess the
costs and benefits, both qualitative and quantitative,
of the intended regulation and propose or adopt a
regulation only on a reasoned determination that the
benefits of the intended regulation justify the costs
of the regulation;
``(C) identify and assess available alternatives to
the regulation that were considered, including
modification of an existing regulation, together with
an explanation of why the regulation meets the
regulatory objectives more effectively than the
alternatives; and
``(D) ensure that any regulation is accessible,
consistent, written in plain language, and easy to
understand and shall measure, and seek to improve, the
actual results of regulatory requirements.
``(2) Considerations and actions.--
``(A) Required actions.--In deciding whether and
how to regulate, the Commission shall assess the costs
and benefits of available regulatory alternatives,
including the alternative of not regulating, and choose
the approach that maximizes net benefits. Specifically,
the Commission shall--
``(i) consistent with the requirements of
section 3(f) (15 U.S.C. 78c(f)), section 2(b)
of the Securities Act of 1933 (15 U.S.C.
77b(b)), section 202(c) of the Investment
Advisers Act of 1940 (15 U.S.C. 80b-2(c)), and
section 2(c) of the Investment Company Act of
1940 (15 U.S.C. 80a-2(c)), consider whether the
rulemaking will promote efficiency,
competition, and capital formation;
``(ii) evaluate whether, consistent with
obtaining regulatory objectives, the regulation
is tailored to impose the least burden on
society, including market participants,
individuals, businesses of differing sizes, and
other entities (including State and local
governmental entities), taking into account, to
the extent practicable, the cumulative costs of
regulations; and
``(iii) evaluate whether the regulation is
inconsistent, incompatible, or duplicative of
other Federal regulations.
``(B) Additional considerations.--In addition, in
making a reasoned determination of the costs and
benefits of a potential regulation, the Commission
shall, to the extent that each is relevant to the
particular proposed regulation, take into consideration
the impact of the regulation on--
``(i) investor choice;
``(ii) market liquidity in the securities
markets; and
``(iii) small businesses.
``(3) Explanation and comments.--The Commission shall
explain in its final rule the nature of comments that it
received, including those from the industry or consumer groups
concerning the potential costs or benefits of the proposed rule
or proposed rule change, and shall provide a response to those
comments in its final rule, including an explanation of any
changes that were made in response to those comments and the
reasons that the Commission did not incorporate those industry
group concerns related to the potential costs or benefits in
the final rule.
``(4) Review of existing regulations.--Not later than 1
year after the date of enactment of the SEC Regulatory
Accountability Act, and every 5 years thereafter, the
Commission shall review its regulations to determine whether
any such regulations are outmoded, ineffective, insufficient,
or excessively burdensome, and shall modify, streamline,
expand, or repeal them in accordance with such review. In
reviewing any regulation (including, notwithstanding paragraph
(6), a regulation issued in accordance with formal rulemaking
provisions) that subjects issuers with a public float of
$250,000,000 or less to the attestation and reporting
requirements of section 404(b) of the Sarbanes-Oxley Act of
2002 (15 U.S.C. 7262(b)), the Commission shall specifically
take into account the large burden of such regulation when
compared to the benefit of such regulation.
``(5) Post-adoption impact assessment.--
``(A) In general.--Whenever the Commission adopts
or amends a regulation designated as a `major rule'
within the meaning of section 804(2) of title 5, United
States Code, it shall state, in its adopting release,
the following:
``(i) The purposes and intended
consequences of the regulation.
``(ii) Appropriate post-implementation
quantitative and qualitative metrics to measure
the economic impact of the regulation and to
measure the extent to which the regulation has
accomplished the stated purposes.
``(iii) The assessment plan that will be
used, consistent with the requirements of
subparagraph (B) and under the supervision of
the Chief Economist of the Commission, to
assess whether the regulation has achieved the
stated purposes.
``(iv) Any unintended or negative
consequences that the Commission foresees may
result from the regulation.
``(B) Requirements of assessment plan and report.--
``(i) Requirements of plan.--The assessment
plan required under this paragraph shall
consider the costs, benefits, and intended and
unintended consequences of the regulation. The
plan shall specify the data to be collected,
the methods for collection and analysis of the
data and a date for completion of the
assessment. The assessment plan shall include
an analysis of any jobs added or lost as a
result of the regulation, differentiating
between public and private sector jobs.
``(ii) Submission and publication of
report.--The Chief Economist shall submit the
completed assessment report to the Commission
no later than 2 years after the publication of
the adopting release, unless the Commission, at
the request of the Chief Economist, has
published at least 90 days before such date a
notice in the Federal Register extending the
date and providing specific reasons why an
extension is necessary. Within 7 days after
submission to the Commission of the final
assessment report, it shall be published in the
Federal Register for notice and comment. Any
material modification of the plan, as necessary
to assess unforeseen aspects or consequences of
the regulation, shall be promptly published in
the Federal Register for notice and comment.
``(iii) Data collection not subject to
notice and comment requirements.--If the
Commission has published its assessment plan
for notice and comment, specifying the data to
be collected and method of collection, at least
30 days prior to adoption of a final regulation
or amendment, such collection of data shall not
be subject to the notice and comment
requirements in section 3506(c) of title 44,
United States Code (commonly referred to as the
Paperwork Reduction Act). Any material
modifications of the plan that require
collection of data not previously published for
notice and comment shall also be exempt from
such requirements if the Commission has
published notice for comment in the Federal
Register of the additional data to be
collected, at least 30 days prior to initiation
of data collection.
``(iv) Final action.--Not later than 180
days after publication of the assessment report
in the Federal Register, the Commission shall
issue for notice and comment a proposal to
amend or rescind the regulation, or publish a
notice that the Commission has determined that
no action will be taken on the regulation. Such
a notice will be deemed a final agency action.
``(6) Covered regulations and other agency actions.--Solely
as used in this subsection, the term `regulation'--
``(A) means an agency statement of general
applicability and future effect that is designed to
implement, interpret, or prescribe law or policy or to
describe the procedure or practice requirements of an
agency, including rules, orders of general
applicability, interpretive releases, and other
statements of general applicability that the agency
intends to have the force and effect of law; and
``(B) does not include--
``(i) a regulation issued in accordance
with the formal rulemaking provisions of
section 556 or 557 of title 5, United States
Code;
``(ii) a regulation that is limited to
agency organization, management, or personnel
matters;
``(iii) a regulation promulgated pursuant
to statutory authority that expressly prohibits
compliance with this provision; and
``(iv) a regulation that is certified by
the agency to be an emergency action, if such
certification is published in the Federal
Register.''.
SEC. 3. SENSE OF CONGRESS RELATING TO OTHER REGULATORY ENTITIES.
It is the sense of the Congress that the Public Company Accounting
Oversight Board should also follow the requirements of section 23(e) of
such Act, as added by this title.
SEC. 4. ACCOUNTABILITY PROVISION RELATING TO OTHER REGULATORY ENTITIES.
A rule adopted by the Municipal Securities Rulemaking Board or any
national securities association registered under section 15A of the
Securities Exchange Act of 1934 (15 U.S.C. 78o-3) shall not take effect
unless the Securities and Exchange Commission determines that, in
adopting such rule, the Board or association has complied with the
requirements of section 23(e) of such Act, as added by section 2, in
the same manner as is required by the Commission under such section
23(e). | . SEC Regulatory Accountability Act This bill amends the Securities Exchange Act of 1934 to direct the Securities and Exchange Commission (SEC), before issuing a regulation under the securities laws, to: identify the nature and source of the problem that the proposed regulation is designed to address in order to assess whether any new regulation is warranted; use the SEC Chief Economist to assess the costs and benefits of the intended regulation and adopt it only upon a reasoned determination that its benefits justify the costs; identify and assess available alternatives that were considered; and ensure that any regulation is accessible, consistent, written in plain language, and easy to understand. The SEC shall: consider the impact of the regulation upon investor choice, market liquidity, and small business; and explain in its final rule the nature of comments received concerning the proposed rule or rule change as well as its response to those comments. The SEC shall: (1) review its existing regulations periodically to determine if they are outmoded, ineffective, insufficient, or excessively burdensome; and (2) modify, streamline, expand, or repeal them. Whenever it adopts or amends a major rule, the SEC shall state in its adopting release the regulation's purposes and intended consequences, the post-implementation quantitative and qualitative metrics to measure the regulation's economic impact, the assessment plan to be used under the supervision of the Chief Economist to assess whether the regulation has achieved those purposes, and any foreseeable unintended or negative consequences. The assessment plan must: (1) consider the regulation's costs, benefits, and intended and unintended consequences; and (2) specify the data to be collected, the methods for its collection and analysis, and an assessment completion date. The bill expresses the sense of Congress that the Public Company Accounting Oversight Board should also follow the requirements set forth by this bill. | {"src": "billsum_train", "title": "SEC Regulatory Accountability Act"} | 2,175 | 394 | 0.662554 | 2.17981 | 0.804364 | 3.713889 | 5.577778 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seniors Mental Health Access
Improvement Act of 2001''.
SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES UNDER PART
B.
(a) Coverage of Services.--Section 1861(s)(2) of the Social
Security Act (42 U.S.C. 1395x(s)(2)), as amended by sections 102(a) and
105(a) of othe Medicare, Medicaid, and SCHIP Benefits Improvement and
Protection Act of 2000 (as enacted into law by section 1(a)(6) of
Public Law 106-554), is amended--
(1) in subparagraph (U), by striking ``and'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(W) marriage and family therapist services (as
defined in subsection (ww)(1));''.
(b) Definition.--Section 1861 of such Act (42 U.S.C. 1395x), as
amended by sections 102(b) and 105(b) of the Medicare, Medicaid, and
SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into
law by section 1(a)(6) of Public Law 106-554), is amended by adding at
the end thereof the following new subsection:
``Marriage and Family Therapist Services
``(ww)(1) The term `marriage and family therapist services' means
services performed by a marriage and family therapist (as defined in
paragraph (2)) for the diagnosis and treatment of mental illnesses,
which the marriage and family therapist is legally authorized to
perform under State law (or the State regulatory mechanism provided by
State law) of the State in which such services are performed, as would
otherwise be covered if furnished by a physician or as an incident to a
physician's professional service, but only if no facility or other
provider charges or is paid any amounts with respect to the furnishing
of such services.
``(2) The term `marriage and family therapist' means an individual
who--
``(A) possesses a master's or doctoral degree which
qualifies for licensure or certification as a marriage and
family therapist pursuant to State law;
``(B) after obtaining such degree has performed at least
two years of clinical supervised experience in marriage and
family therapy; and
``(C) in the case of an individual performing services in a
State that provides for licensure or certification of marriage
or family therapists, is licensed or certified as a marriage
and family therapist in such State.''.
(c) Provision for Payment Under Part B.--Section 1832(a)(2)(B) of
such Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
following new clause:
``(v) marriage and family therapist
services;''.
(d) Amount of Payment.--Section 1833(a)(1) of such Act (42 U.S.C.
13951(a)(1)), as amended by sections 105(c) and 223(c) of othe
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (as enacted into law by section 1(a)(6) of Public Law 106-554)
is amended--
(1) by striking ``and (U)'' and inserting ``(U)''; and
(2) by inserting before the semicolon at the end the
following: ``, and (V) with respect to marriage and family
therapist services under section 1861(s)(2)(W), the amounts
paid shall be 80 percent of the lesser of the actual charge for
the services or 75 percent of the amount determined for payment
of a psychologist under clause (L)''.
(e) Exclusion of Marriage and Family Therapist Services From
Skilled Nursing Facility Prospective Payment System.--Section
1888(e)(2)(A)(ii) of such Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is
amended by inserting ``marriage and family therapist services,'' after
``qualified psychologist services,''.
(f) Inclusion of Marriage and Family Therapists as Practitioners
for Assignment of Claims.--Section 1842(b)(18)(C) of such Act (42
U.S.C. 1395u(b)(18(C)), as amended by section 105(d) of the Medicare,
Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, as
enacted into law by section 1(a)(6) of Public Law 106-554, is amended
by adding at the end the following new clause:
``(vii) A marriage and family therapist (as defined in
section 1861(ww)(2)).''.
SEC. 3. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES PROVIDED IN
CERTAIN SETTINGS.
(a) Rural Health Clinics.--Section 1861(aa)(1)(B) of the Social
Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by inserting ``, by
a marriage and family therapist (as defined in subsection (ww)(2)),''
after ``by a clinical psychologist (as defined by the Secretary)''.
(b) Hospice Programs.--Section 1861(dd)(2)(B)(i)(III) of such Act
(42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``or
marriage and family therapist (as defined in subsection (ww)(2))''
after ``social worker''.
SEC. 4. AUTHORIZATION OF MARRIAGE AND FAMILY THERAPISTS TO DEVELOP
DISCHARGE PLANS FOR POST-HOSPITAL SERVICES.
Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C.
1395x(ee)(2)(G)) is amended by inserting ``marriage and family
therapist (as defined in subsection (ww)(2)),'' after ``social
worker,''.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act apply with respect to services
furnished on or after January 1, 2002. | Seniors Mental Health Access Improvement Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide for coverage under Medicare part B (Supplementary Medical Insurance) of marriage and family therapist services generally, particularly services provided in rural health clinics and in hospice programs.Amends SSA title XVIII part D (Miscellaneous) to provide for the exclusion of such services from the skilled nursing facility prospective payment system.Authorizes marriage and family therapists to develop discharge plans for post-hospital services. | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services under part B of the Medicare Program, and for other purposes."} | 1,518 | 149 | 0.548717 | 1.471509 | 0.705773 | 3.689655 | 9.801724 | 0.844828 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Support for Rapid Innovation Act of
2016''.
SEC. 2. CYBERSECURITY RESEARCH AND DEVELOPMENT PROJECTS.
(a) Cybersecurity Research and Development.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following new section:
``SEC. 319. CYBERSECURITY RESEARCH AND DEVELOPMENT.
``(a) In General.--The Under Secretary for Science and Technology
shall support the research, development, testing, evaluation, and
transition of cybersecurity technologies, including fundamental
research to improve the sharing of information, analytics, and
methodologies related to cybersecurity risks and incidents, consistent
with current law.
``(b) Activities.--The research and development supported under
subsection (a) shall serve the components of the Department and shall--
``(1) advance the development and accelerate the deployment
of more secure information systems;
``(2) improve and create technologies for detecting attacks
or intrusions, including real-time continuous diagnostics and
real-time analytic technologies;
``(3) improve and create mitigation and recovery
methodologies, including techniques and policies for real-time
containment of attacks, and development of resilient networks
and information systems;
``(4) support, in coordination with non-Federal entities,
the review of source code that underpins critical
infrastructure information systems;
``(5) develop and support infrastructure and tools to
support cybersecurity research and development efforts,
including modeling, testbeds, and data sets for assessment of
new cybersecurity technologies;
``(6) assist the development and support of technologies to
reduce vulnerabilities in industrial control systems; and
``(7) develop and support cyber forensics and attack
attribution capabilities.
``(c) Coordination.--In carrying out this section, the Under
Secretary for Science and Technology shall coordinate activities with--
``(1) the Under Secretary appointed pursuant to section
103(a)(1)(H);
``(2) the heads of other relevant Federal departments and
agencies, as appropriate; and
``(3) industry and academia.
``(d) Transition to Practice.--The Under Secretary for Science and
Technology shall support projects carried out under this title through
the full life cycle of such projects, including research, development,
testing, evaluation, pilots, and transitions. The Under Secretary shall
identify mature technologies that address existing or imminent
cybersecurity gaps in public or private information systems and
networks of information systems, identify and support necessary
improvements identified during pilot programs and testing and
evaluation activities, and introduce new cybersecurity technologies
throughout the homeland security enterprise through partnerships and
commercialization. The Under Secretary shall target federally funded
cybersecurity research that demonstrates a high probability of
successful transition to the commercial market within 2 years and that
is expected to have a notable impact on the public or private
information systems and networks of information systems.
``(e) Definitions.--In this section:
``(1) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 227.
``(2) Homeland security enterprise.--The term `homeland
security enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and tribal government
officials, private sector representatives, academics, and other
policy experts.
``(3) Incident.--The term `incident' has the meaning given
such term in section 227.
``(4) Information system.--The term `information system'
has the meaning given such term in section 3502(8) of title 44,
United States Code.''.
(2) Clerical amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 318 the following
new item:
``Sec. 319. Cybersecurity research and development.''.
(b) Research and Development Projects.--Section 831 of the Homeland
Security Act of 2002 (6 U.S.C. 391) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``2016'' and inserting ``2020'';
(B) in paragraph (1), by striking the last
sentence; and
(C) by adding at the end the following new
paragraph:
``(3) Prior approval.--In any case in which the head of a
component or office of the Department seeks to utilize the
authority under this section, such head shall first receive
prior approval from the Secretary by providing to the Secretary
a proposal that includes the rationale for the utilization of
such authority, the funds to be spent on the use of such
authority, and the expected outcome for each project that is
the subject of the use of such authority. In such a case, the
authority for evaluating the proposal may not be delegated by
the Secretary to anyone other than the Under Secretary for
Management.'';
(2) in subsection (c)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``2016'' and inserting
``2020''; and
(B) by amending paragraph (2) to read as follows:
``(2) Report.--The Secretary shall annually submit to the
Committee on Homeland Security and the Committee on Science,
Space, and Technology of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report detailing the projects for which the authority
granted by subsection (a) was utilized, the rationale for such
utilizations, the funds spent utilizing such authority, the
extent of cost-sharing for such projects among Federal and non-
Federal sources, the extent to which utilization of such
authority has addressed a homeland security capability gap or
threat to the homeland identified by the Department, the total
amount of payments, if any, that were received by the Federal
Government as a result of the utilization of such authority
during the period covered by each such report, the outcome of
each project for which such authority was utilized, and the
results of any audits of such projects.''; and
(3) by adding at the end the following new subsection:
``(e) Training.--The Secretary shall develop a training program for
acquisitions staff on the utilization of the authority provided under
subsection (a).''.
(c) Prohibition on Additional Funding.--No additional funds are
authorized to be appropriated to carry out this Act and the amendments
made by this Act.
Passed the House of Representatives June 21, 2016.
Attest:
KAREN L. HAAS,
Clerk. | . Support for Rapid Innovation Act of 2016 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to support the research, development, testing, evaluation, and transition of cybersecurity technologies. Such research and development shall: advance the development and accelerate the deployment of more secure information systems, improve and create technologies for detecting attacks or intrusions, improve and create mitigation and recovery methodologies and development of resilient networks and information systems, support the review of source code that underpins critical infrastructure information systems, develop and support infrastructure and tools to support cybersecurity research and development efforts, assist the development and support of technologies to reduce vulnerabilities in industrial control systems, and develop and support cyber forensics and attack attribution capabilities. The Under Secretary shall: support projects carried out under this bill through their full life cycle; identify mature technologies that address existing or imminent cybersecurity gaps in public or private information systems and networks, identify and support necessary improvements, and introduce new cybersecurity technologies throughout the homeland security enterprise through partnerships and commercialization; and target federally funded cybersecurity research that demonstrates a high probability of successful transition to the commercial market within two years and that is expected to have a notable impact on information systems and networks. The bill: (1) extends the authority of the Secretary of DHS to carry out a research and development projects pilot program until September 30, 2020; (2) requires a DHS component to obtain the Secretary's approval before utilizing authority for such a project by providing a proposal that includes the rationale, funds to be spent, and expected outcome for the project; and (3) requires the Secretary's annual report on such program to include the extent of cost-sharing for projects among federal and non-federal sources and the extent to which utilization of project authority has addressed a homeland security capability gap or threat to the homeland. | {"src": "billsum_train", "title": "Support for Rapid Innovation Act of 2016"} | 1,446 | 396 | 0.723878 | 2.152145 | 0.954528 | 4.462338 | 3.579221 | 0.909091 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Full Funding Act''.
SEC. 2. AMENDMENTS TO IDEA.
Section 611(i) of the Individuals with Disabilities Education Act
(20 U.S.C. 1411(i)) is amended to read as follows:
``(i) Funding.--For the purpose of carrying out this part, other
than section 619, there are authorized to be appropriated--
``(1) $12,955,841,000 for fiscal year 2015, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $1,377,986,000 for fiscal year 2015,
which shall become available for obligation on July 1, 2015,
and shall remain available through September 30, 2016;
``(2) $14,497,834,000 for fiscal year 2016, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $2,919,979,000 for fiscal year 2016,
which shall become available for obligation on July 1, 2016,
and shall remain available through September 30, 2017;
``(3) $16,223,354,000 for fiscal year 2017, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $4,645,499,000 for fiscal year 2017,
which shall become available for obligation on July 1, 2017,
and shall remain available through September 30, 2018;
``(4) $18,154,243,000 for fiscal year 2018, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $6,576,388,000 for fiscal year 2018,
which shall become available for obligation on July 1, 2018,
and shall remain available through September 30, 2019;
``(5) $20,314,946,000 for fiscal year 2019, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $8,737,091,000 for fiscal year 2019,
which shall become available for obligation on July 1, 2019,
and shall remain available through September 30, 2020;
``(6) $22,732,813,000 for fiscal year 2020, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $11,154,958,000 for fiscal year 2020,
which shall become available for obligation on July 1, 2020,
and shall remain available through September 30, 2021;
``(7) $25,438,452,000 for fiscal year 2021, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $13,860,597,000 for fiscal year 2021,
which shall become available for obligation on July 1, 2021,
and shall remain available through September 30, 2022;
``(8) $28,466,114,000 for fiscal year 2022, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $16,888,259,000 for fiscal year 2022,
which shall become available for obligation on July 1, 2022,
and shall remain available through September 30, 2023;
``(9) $31,854,127,000 for fiscal year 2023, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $20,276,272,000 for fiscal year 2023,
which shall become available for obligation on July 1, 2023,
and shall remain available through September 30, 2024; and
``(10) $35,645,377,000 for fiscal year 2024, and there are
hereby appropriated, out of any money in the Treasury not
otherwise appropriated, $24,067,522,000 for fiscal year 2024,
which shall become available for obligation on July 1, 2024,
and shall remain available through September 30, 2025.''.
SEC. 3. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.
(a) In General.--Subchapter A of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS
``Sec. 59B. Fair share tax.
``SEC. 59B. FAIR SHARE TAX.
``(a) General Rule.--
``(1) Phase-in of tax.--In the case of any high-income
taxpayer, there is hereby imposed for a taxable year (in
addition to any other tax imposed by this subtitle) a tax equal
to the product of--
``(A) the amount determined under paragraph (2),
and
``(B) a fraction (not to exceed 1)--
``(i) the numerator of which is the excess
of--
``(I) the taxpayer's adjusted gross
income, over
``(II) the dollar amount in effect
under subsection (c)(1), and
``(ii) the denominator of which is the
dollar amount in effect under subsection
(c)(1).
``(2) Amount of tax.--The amount of tax determined under
this paragraph is an amount equal to the excess (if any) of--
``(A) the tentative fair share tax for the taxable
year, over
``(B) the excess of--
``(i) the sum of--
``(I) the regular tax liability (as
defined in section 26(b)) for the
taxable year, determined without regard
to any tax liability determined under
this section,
``(II) the tax imposed by section
55 for the taxable year, plus
``(III) the payroll tax for the
taxable year, over
``(ii) the credits allowable under part IV
of subchapter A (other than sections 27(a), 31,
and 34).
``(b) Tentative Fair Share Tax.--For purposes of this section--
``(1) In general.--The tentative fair share tax for the
taxable year is 30 percent of the excess of--
``(A) the adjusted gross income of the taxpayer,
over
``(B) the modified charitable contribution
deduction for the taxable year.
``(2) Modified charitable contribution deduction.--For
purposes of paragraph (1)--
``(A) In general.--The modified charitable
contribution deduction for any taxable year is an
amount equal to the amount which bears the same ratio
to the deduction allowable under section 170 (section
642(c) in the case of a trust or estate) for such
taxable year as--
``(i) the amount of itemized deductions
allowable under the regular tax (as defined in
section 55) for such taxable year, determined
after the application of section 68, bears to
``(ii) such amount, determined before the
application of section 68.
``(B) Taxpayer must itemize.--In the case of any
individual who does not elect to itemize deductions for
the taxable year, the modified charitable contribution
deduction shall be zero.
``(c) High-Income Taxpayer.--For purposes of this section--
``(1) In general.--The term `high-income taxpayer' means,
with respect to any taxable year, any taxpayer (other than a
corporation) with an adjusted gross income for such taxable
year in excess of $1,000,000 (50 percent of such amount in the
case of a married individual who files a separate return).
``(2) Inflation adjustment.--
``(A) In general.--In the case of a taxable year
beginning after 2016, the $1,000,000 amount under
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2015'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $10,000, such
amount shall be rounded to the next lowest multiple of
$10,000.
``(d) Payroll Tax.--For purposes of this section, the payroll tax
for any taxable year is an amount equal to the excess of--
``(1) the taxes imposed on the taxpayer under sections
1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is
attributable to the rate of tax in effect under section 3101)
with respect to such taxable year or wages or compensation
received during such taxable year, over
``(2) the deduction allowable under section 164(f) for such
taxable year.
``(e) Special Rule for Estates and Trusts.--For purposes of this
section, in the case of an estate or trust, adjusted gross income shall
be computed in the manner described in section 67(e).
``(f) Not Treated as Tax Imposed by This Chapter for Certain
Purposes.--The tax imposed under this section shall not be treated as
tax imposed by this chapter for purposes of determining the amount of
any credit under this chapter (other than the credit allowed under
section 27(a)) or for purposes of section 55.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part VIII--Fair Share Tax on High-Income Taxpayers''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2015. | IDEA Full Funding Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize and make appropriations through FY2024 for the grant program to assist states and outlying areas to provide special education and related services to children with disabilities. Amends the Internal Revenue Code to require an individual taxpayer whose adjusted gross income exceeds $1 million to pay a minimum tax rate of 30% of the excess of the taxpayer's adjusted gross income over the taxpayer's modified charitable contribution deduction for the taxable year (tentative fair share tax). Establishes the amount of such tax as the excess (if any) of the tentative fair share tax over the excess of: (1) the sum of the taxpayer's regular tax liability, the alternative minimum tax (AMT) amount, and the payroll tax for the taxable year; over (2) certain tax credits. Provides for a phase-in of such tax. Requires an inflation adjustment to the $1 million income threshold for taxable years beginning after 2016. | {"src": "billsum_train", "title": "IDEA Full Funding Act"} | 2,112 | 221 | 0.440164 | 1.169012 | 0.685154 | 2.21875 | 9.911458 | 0.833333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Job Creation Tax Act
of 2010''.
SEC. 2. EMPLOYER PAYROLL INCREASE CREDIT.
(a) In General.--Subchapter B of chapter 65 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 6433. EMPLOYER PAYROLL INCREASE CREDITS.
``(a) In General.--Each qualified employer shall be treated as
having made a payment against the tax imposed by section 3111(a) or
section 3221(a), whichever is applicable, for each qualified quarter an
amount equal to the credit amount.
``(b) Credit Amount.--
``(1) In general.--For purposes of this section, the credit
amount with respect to any qualified quarter is equal to the
applicable percentage of the qualified payroll increase of such
employer for such qualified quarter.
``(2) Applicable percentage.--For purposes of paragraph
(1), the applicable percentage with respect to any qualified
quarter is--
``(A) in the case of an employer that employs fewer
than 100 employees during such quarter, 20 percent, and
``(B) in the case of an employer that employs 100
or more employees during such quarter, 15 percent.
``(c) Dollar Limitation.--The total credit amount with respect to
any employer shall not exceed $500,000 for all qualified quarters.
``(d) Qualified Employer.--For purposes of this section, the term
`qualified employer' means any American employer other than the United
States, any State, or any instrumentality thereof.
``(e) Qualified Payroll Increase.--For purposes of this section--
``(1) In general.--The term `qualified payroll increase'
with respect to any qualified quarter means the amount, if any,
by which a qualified employer's qualified payroll for such
quarter exceeds the qualified payroll for such quarter of the
calendar year preceding the year in which such qualified
quarter falls.
``(2) Qualified payroll.--The term `qualified payroll'
means the amount of all wages (within the meaning of section
3121(a)) paid or incurred by a qualified employer to the
employees of such employer, except that, with respect to each
such employee for any quarter of the employer, such wages shall
be taken into account only to the extent that such wages do not
exceed the contribution and benefit base as determined under
section 230 of the Social Security Act.
``(3) Railway labor.--In the case of remuneration subject
to the tax imposed by section 3221(a), paragraph (1) shall be
applied by substituting `all compensation (within the meaning
of section 3231(e))' for `all wages (within the meaning of
section 3121(a))'.
``(4) Special rule for large employers.--In the case of an
employer described in subsection (b)(2)(B), no qualified
payroll increase shall be taken into account for any qualified
quarter unless the qualified payroll increase with respect to
such qualified quarter exceeds 3 percent of the qualified
payroll for such quarter of the calendar year preceding the
year in which such qualified quarter falls.
``(f) Qualified Quarter.--For purposes of this section, the term
`qualified quarter' means--
``(1) the calendar quarter which includes the date of the
enactment of the Small Business Job Creation Tax Act of 2010,
and
``(2) each of the 3 calendar quarters following such
quarter.
``(g) Definitions.--Except as provided in subsection (h)(1), any
term used in this section which is also used in section 3111 has the
same meaning as when used in such section.
``(h) Special Rules.--For purposes of this section--
``(1) Employee.--The term `employee' includes only
individuals who are citizens or lawful residents of the United
States who receive wages, remuneration, compensation, or tips
from an employer for work performed within a State or a
possession of the United States.
``(2) Maintenance of base employment requirement.--This
section shall not apply to any qualified employer for any
qualified quarter if the total number of employees of such
employer during such quarter is less than the total number of
such employees during the quarter preceding such quarter,
determined by not taking into account any employee who is a
seasonal employee during such preceding quarter.
``(3) Controlled groups.--All employers treated as a single
employer under section (a) or (b) of section 52 shall be
treated as a single employer for purposes of the dollar
limitation under subsection (c), except that any employer which
is not an American employer shall not be taken into account.
``(4) New employers.--
``(A) In general.--In the case of a qualified
employer which comes into existence after the date of
the enactment of the Small Business Job Creation Tax
Act of 2010 and before January 1, 2012--
``(i) the term `qualified quarter' means--
``(I) the first calendar quarter
for which such qualified employer is in
existence, and
``(II) each of the 3 quarters
following such quarter,
``(ii) the qualified payroll increase of
such employer for the quarter described in
clause (i)(I) shall be equal to the amount of
the employer's qualified payroll for such
quarter, and
``(iii) the qualified payroll increase of
such employer for any quarter described in
clause (i)(II) shall be the amount, if any, by
which the employer's qualified payroll for such
quarter exceeds the qualified payroll of the
quarter preceding such quarter.
``(B) Transition rule.--
``(i) In general.--In the case of a
qualified employer which comes into existence--
``(I) after the last day of the
calendar quarter which is 5 calendar
quarters before the date of the
enactment of the Small Business Job
Creation Tax Act of 2010, and
``(II) before such date of
enactment,
the qualified payroll increase of such employer
for any transition quarter shall be the amount,
if any, by which the employer's qualified
payroll for such quarter exceeds the qualified
payroll of the quarter preceding such quarter.
``(ii) Transition quarter.--For purposes of
clause (i), the term `transition quarter' means
a qualified quarter with respect to which the
qualified payroll increase cannot be determined
under subsection (e)(1) solely because the
employer was not in existence during such
quarter of the calendar year preceding the year
in which such qualified quarter falls.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 65 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Sec. 6433. Employer payroll increase credits.''.
(c) Notification.--Not later than 30 days after the date of the
enactment of this Act, the Commissioner of Internal Revenue shall
notify all employers required to withhold employment taxes under
chapter 21 or 22 of the Internal Revenue Code of 1986 of the enactment
and applicability of section 6433 of the Internal Revenue Code of 1986,
as added by this Act.
(d) Investigation and Report on Enforcement Actions.--Not later
than 6 months after the date of the enactment of this Act, and
quarterly thereafter, the Commissioner of Internal Revenue shall submit
a report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives on the enforcement
measures taken to prevent and penalize fraud related to section 6433 of
the Internal Revenue Code of 1986, including such information as--
(1) general statistics related to the application of such
section,
(2) cases of fraud, and
(3) the status of investigatory and prosecutorial actions
related to such cases.
(e) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to calendar quarters beginning with the calendar quarter
which includes the date of the enactment of this Act. | Small Business Job Creation Tax Act of 2010 - Amends the Internal Revenue Code to allow employers a credit against payroll tax liability for a payroll increase in a quarter over a corresponding quarter in the previous calendar year. Sets the amount of such credit at 20% of such increase for employers that employ fewer than 100 employees and 15% for employers that employ 100 or more employees in any quarter. Limits the total credit amount available for all quarters to $500,000.
Directs the Commissioner of Internal Revenue to: (1) notify all employers required to withhold employment taxes of the enactment and applicability of this Act; and (2) report to Congress on enforcement measures taken to prevent and penalize fraud related to the payroll credit allowed by this Act. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to provide a temporary payroll increase tax credit for certain employers."} | 1,798 | 156 | 0.521623 | 1.348939 | 0.697779 | 2.937063 | 11.58042 | 0.881119 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energizing America through
Employment Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) On April 30, 2004, President George W. Bush issued
Executive Order 13337 (3 U.S.C. 301 note), delegating to the
Department of State authority to oversee the permitting process
of cross-border pipeline projects in an effort ``to expedite
reviews of permits as necessary to accelerate the completion of
energy production and transmission projects''.
(2) On September 19, 2008, the Department of State received
an application for the Keystone XL pipeline.
(3) On August 26, 2011, the Department of State issued a
final environmental impact statement stating that the Keystone
XL pipeline project posed ``no significant [environmental]
impact''.
(4) Three years and four months after the Keystone XL
application was submitted, due to objections to an imposed
timeline, the Department of State failed to uphold section 1(g)
of Executive Order 13337 requiring the Secretary of State to
make a national interest determination based on the ``views and
assistance obtained'' previously in relation to the merits of
the permit requested by the applicant.
(5) Congress has the constitutional authority to regulate
commerce with foreign nations, and among the several States,
and with the Indian Tribes.
(6) The construction of the Keystone XL pipeline will
result in job creation, increased energy security, ancillary
benefits, and multiplier effects for the economy of the United
States.
(7) The earliest possible completion of the Keystone XL
pipeline project serves the national interest of the United
States.
SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT.
(a) Approval of Cross-Border Facilities.--
(1) In general.--In accordance with section 8 of article 1
of the Constitution (delegating to Congress the power to
regulate commerce with foreign nations), TransCanada Keystone
Pipeline, L.P. is authorized to construct, connect, operate,
and maintain pipeline facilities, subject to subsection (c),
for the import of crude oil and other hydrocarbons at the
United States-Canada Border at Phillips County, Montana, in
accordance with the application filed with the Department of
State on September 19, 2008 (as supplemented and amended).
(2) Permit.--Notwithstanding any other provision of law, no
permit pursuant to Executive Order 13337 (3 U.S.C. 301 note) or
any other similar Executive Order regulating construction,
connection, operation, or maintenance of facilities at the
borders of the United States, and no additional environmental
impact statement, shall be required for TransCanada Keystone
Pipeline, L.P. to construct, connect, operate, and maintain the
facilities described in paragraph (1).
(b) Construction and Operation of Keystone XL Pipeline in United
States.--
(1) In general.--The final environmental impact statement
issued by the Department of State on August 26, 2011, shall be
considered to satisfy all requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
any other provision of law that requires Federal agency
consultation or review with respect to the cross-border
facilities described in subsection (a)(1) and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended).
(2) Permits.--Any Federal permit or authorization issued
before the date of enactment of this Act for the cross-border
facilities described in subsection (a)(1), and the related
facilities in the United States described in the application
filed with the Department of State on September 19, 2008 (as
supplemented and amended), shall remain in effect.
(c) Conditions.--In constructing, connecting, operating, and
maintaining the cross-border facilities described in subsection (a)(1)
and related facilities in the United States described in the
application filed with the Department of State on September 19, 2008
(as supplemented and amended), TransCanada Keystone Pipeline, L.P.
shall comply with the following conditions:
(1) TransCanada Keystone Pipeline, L.P. shall comply with
all applicable Federal and State laws (including regulations)
and all applicable industrial codes regarding the construction,
connection, operation, and maintenance of the facilities.
(2) Except as provided in subsection (a)(2), TransCanada
Keystone Pipeline, L.P. shall comply with all requisite permits
from Canadian authorities and applicable Federal, State, and
local government agencies in the United States.
(3) TransCanada Keystone Pipeline, L.P. shall take all
appropriate measures to prevent or mitigate any adverse
environmental impact or disruption of historic properties in
connection with the construction, connection, operation, and
maintenance of the facilities.
(4) The construction, connection, operation, and
maintenance of the facilities shall be--
(A) in all material respects, similar to that
described in--
(i) the application filed with the
Department of State on September 19, 2008 (as
supplemented and amended); and
(ii) the final environmental impact
statement described in subsection (b)(1); and
(B) carried out in accordance with--
(i) the construction, mitigation, and
reclamation measures agreed to for the project
in the construction mitigation and reclamation
plan contained in appendix B of the final
environmental impact statement described in
subsection (b)(1);
(ii) the special conditions agreed to
between the owners and operators of the project
and the Administrator of the Pipeline and
Hazardous Materials Safety Administration of
the Department of Transportation, as contained
in appendix U of the final environmental impact
statement;
(iii) the measures identified in appendix H
of the final environmental impact statement, if
the modified route submitted by the State of
Nebraska to the Secretary of State crosses the
Sand Hills region; and
(iv) the stipulations identified in
appendix S of the final environmental impact
statement.
(d) Route in Nebraska.--
(1) In general.--Any route and construction, mitigation,
and reclamation measures for the project in the State of
Nebraska that is identified by the State of Nebraska and
submitted to the Secretary of State under this section is
considered sufficient for the purposes of this section.
(2) Prohibition.--Construction of the facilities in the
United States described in the application filed with the
Department of State on September 19, 2008 (as supplemented and
amended), shall not commence in the State of Nebraska until the
date on which the Secretary of State receives a route for the
project in the State of Nebraska that is identified by the
State of Nebraska.
(3) Receipt.--On the date of receipt of the route described
in paragraph (1) by the Secretary of State, the route for the
project within the State of Nebraska under this section shall
supersede the route for the project in the State specified in
the application filed with the Department of State on September
19, 2008 (including supplements and amendments).
(4) Cooperation.--Not later than 30 days after the date on
which the State of Nebraska submits a request to the Secretary
of State or any appropriate Federal official, the Secretary of
State or Federal official shall provide assistance that is
consistent with the law of the State of Nebraska.
(e) Administration.--
(1) In general.--Any action taken to carry out this section
(including the modification of any route under subsection (d))
shall not constitute a major Federal action under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(2) State siting authority.--Nothing in this section alters
any provision of State law relating to the siting of pipelines.
(3) Private property.--Nothing in this section alters any
Federal, State, or local process or condition in effect on the
date of enactment of this Act that is necessary to secure
access from an owner of private property to construct the
project.
(f) Federal Judicial Review.--The cross-border facilities described
in subsection (a)(1), and the related facilities in the United States
described in the application filed with the Department of State on
September 19, 2008 (as supplemented and amended), that are approved by
this section, and any permit, right-of-way, or other action taken to
construct or complete the project pursuant to Federal law, shall only
be subject to judicial review on direct appeal to the United States
Court of Appeals for the District of Columbia Circuit.
SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS-BORDER PIPELINE
FACILITIES AT THE UNITED STATES BORDERS.
(a) Referral of Application.--For purposes of making a national
interest determination under Executive Order 13337 (3 U.S.C. 301 note)
(or any successor Executive Order) with respect to any application
filed with the Department of State on or after the date of enactment of
this Act to construct, connect, operate, and maintain pipeline
facilities at the borders of the United States for the import of crude
oil and other hydrocarbons, the Secretary of State shall, in addition
to referring the application to the departments and agencies described
in section 1(b)(ii) of Executive Order 13337 (or any successor
Executive Order), also refer the application and pertinent information
to the committees of Congress specified in subsection (b) for purposes
of requesting the views of such committees of Congress.
(b) Committees of Congress.--The committees of Congress referred to
in subsection (a) are--
(1) the Committee on Foreign Relations, the Committee on
Commerce, Science, and Transportation, and the Committee on
Energy and Natural Resources of the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Transportation and Infrastructure, the Committee on Energy and
Commerce, and the Committee on Natural Resources of the House
of Representatives. | Energizing America through Employment Act - Authorizes TransCanada Keystone Pipeline, L.P. to construct, connect, operate, and maintain pipeline facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana, in accordance with a certain application filed with the Department of State on September 19, 2008.
Declares that no permit pursuant to Executive Order 13337 or any other similar Executive Order regulating such activities at the U.S. border, and no additional environmental impact statement (EIS), shall be required for such Pipeline.
Deems a certain EIS issued by the Department of State to satisfy all requirements of the National Environmental Policy Act of 1969 (NEPA) as well as any other law requiring federal agency consultation or review regarding such cross-border facilities.
Sets forth conditions governing construction, connection, operation, and maintenance of the cross-border facilities in connection with the Pipeline.
Deems sufficient for the purposes of this Act any route and construction, mitigation, and reclamation measures for the Pipeline in the state of Nebraska that is identified by Nebraska and submitted to the Secretary of State.
States that any action taken to implement this Act does not constitute a major federal action requiring an EIS under NEPA.
Restricts to the U.S. Court of Appeals for the District of Columbia Circuit any federal judicial review over actions and facilities implemented under this Act.
Instructs the Secretary of State, for purposes of making a national interest determination under Executive Order 13337 (or any successor Executive Order) regarding a pipeline application, to solicit the views of specified congressional committees regarding such application and pertinent information. | {"src": "billsum_train", "title": "To approve the Keystone XL pipeline project, and for other purposes."} | 2,130 | 361 | 0.638027 | 2.192621 | 0.776434 | 4.745161 | 6.464516 | 0.912903 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stop Dangerous Sanctuary Cities
Act''.
SEC. 2. ENSURING THAT LOCAL AND FEDERAL LAW ENFORCEMENT OFFICERS MAY
COOPERATE TO SAFEGUARD OUR COMMUNITIES.
(a) Authority To Cooperate With Federal Officials.--A State, a
political subdivision of a State, or an officer, employee, or agent of
such State or political subdivision that complies with a detainer
issued by the Department of Homeland Security under section 236 or 287
of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)--
(1) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(2) with regard to actions taken to comply with the
detainer, shall have all authority available to officers and
employees of the Department of Homeland Security.
(b) Legal Proceedings.--In any legal proceeding brought against a
State, a political subdivision of a State, or an officer, employee, or
agent of such State or political subdivision, which challenges the
legality of the seizure or detention of an individual pursuant to a
detainer issued by the Department of Homeland Security under section
236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(1) no liability shall lie against the State or political
subdivision of a State for actions taken in compliance with the
detainer; and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in compliance
with the detainer--
(A) the officer, employee, or agent shall be
deemed--
(i) to be an employee of the Federal
Government and an investigative or law
enforcement officer; and
(ii) to have been acting within the scope
of his or her employment under section 1346(b)
and chapter 171 of title 28, United States
Code;
(B) section 1346(b) of title 28, United States
Code, shall provide the exclusive remedy for the
plaintiff; and
(C) the United States shall be substituted as
defendant in the proceeding.
(c) Rule of Construction.--Nothing in this section may be construed
to provide immunity to any person who knowingly violates the civil or
constitutional rights of an individual.
SEC. 3. SANCTUARY JURISDICTION DEFINED.
(a) In General.--Except as provided under subsection (b), for
purposes of this Act, the term ``sanctuary jurisdiction'' means any
State or political subdivision of a State that has in effect a statute,
ordinance, policy, or practice that prohibits or restricts any
government entity or official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual; or
(2) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to
comply with a detainer for, or notify about the release of, an
individual.
(b) Exception.--A State or political subdivision of a State shall
not be deemed a sanctuary jurisdiction based solely on its having a
policy whereby its officials will not share information regarding, or
comply with a request made by the Department of Homeland Security under
section 236 or 287 of the Immigration and Nationality Act (8 U.S.C.
1226 and 1357) to comply with a detainer regarding, an individual who
comes forward as a victim or a witness to a criminal offense.
SEC. 4. SANCTUARY JURISDICTIONS INELIGIBLE FOR CERTAIN FEDERAL FUNDS.
(a) Economic Development Administration Grants.--
(1) Grants for public works and economic development.--
Section 201(b) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141(b)) is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) the area in which the project is to be carried out is
not a sanctuary jurisdiction (as defined in section 3 of the
Stop Dangerous Sanctuary Cities Act).''.
(2) Grants for planning and administrative expenses.--
Section 203(a) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3143(a)) is amended by adding at the end the
following: ``A sanctuary jurisdiction (as defined in section 3
of the Stop Dangerous Sanctuary Cities Act) may not be deemed
an eligible recipient under this subsection.''.
(3) Supplementary grants.--Section 205(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3145(a))
is amended--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(4) will be carried out in an area that does not contain
a sanctuary jurisdiction (as defined in section 3 of the Stop
Dangerous Sanctuary Cities Act).''.
(4) Grants for training, research, and technical
assistance.--Section 207 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3147) is amended by adding
at the end the following:
``(c) Ineligibility of Sanctuary Jurisdictions.--Grant funds under
this section may not be used to provide assistance to a sanctuary
jurisdiction (as defined in section 3 of the Stop Dangerous Sanctuary
Cities Act).''.
(b) Community Development Block Grants.--Title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended--
(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the
end the following:
``(25) The term `sanctuary jurisdiction' has the meaning
provided in section 3 of the Stop Dangerous Sanctuary Cities
Act.''; and
(2) in section 104 (42 U.S.C. 5304)--
(A) subsection (b)--
(i) in paragraph (5), by striking ``and''
at the end;
(ii) by redesignating paragraph (6) as
paragraph (7); and
(iii) by inserting after paragraph (5) the
following:
``(6) the grantee is not a sanctuary jurisdiction and will
not become a sanctuary jurisdiction during the period for which
the grantee receives a grant under this title; and''; and
(B) by adding at the end the following:
``(n) Protection of Individuals Against Crime.--
``(1) In general.--No funds authorized to be appropriated
to carry out this title may be obligated or expended for any
State or unit of general local government that is a sanctuary
jurisdiction.
``(2) Returned amounts.--
``(A) State.--If a State is a sanctuary
jurisdiction during the period for which it receives
amounts under this title, the Secretary--
``(i) shall direct the State to immediately
return to the Secretary any such amounts that
the State received for that period; and
``(ii) shall reallocate amounts returned
under clause (i) for grants under this title to
other States that are not sanctuary
jurisdictions.
``(B) Unit of general local government.--If a unit
of general local government is a sanctuary jurisdiction
during the period for which it receives amounts under
this title, any such amounts that the unit of general
local government received for that period--
``(i) in the case of a unit of general
local government that is not in a
nonentitlement area, shall be returned to the
Secretary for grants under this title to States
and other units of general local government
that are not sanctuary jurisdictions; and
``(ii) in the case of a unit of general
local government that is in a nonentitlement
area, shall be returned to the Governor of the
State for grants under this title to other
units of general local government in the State
that are not sanctuary jurisdictions.
``(C) Reallocation rules.--In reallocating amounts
under subparagraphs (A) and (B), the Secretary shall--
``(i) apply the relevant allocation formula
under section 106(b), with all sanctuary
jurisdictions excluded; and
``(ii) shall not be subject to the rules
for reallocation under section 106(c).''.
(c) Effective Date.--This section shall take effect on October 1,
2017. | Stop Dangerous Sanctuary Cities Act This bill prohibits a sanctuary jurisdiction from receiving grants under certain Economic Development Assistance Programs and the Community Development Block Grant Program. A sanctuary jurisdiction is a state or political subdivision that has a statute, policy, or practice in effect that prohibits or restricts: (1) information sharing about an individual's immigration status, or (2) compliance with a lawfully issued detainer request or notification of release request. A state or political subdivision that complies with a detainer is deemed to be an agent of the Department of Homeland Security and is authorized to take actions to comply with the detainer. The bill limits the liability of a state or political subdivision, or an officer or employee of such state or political subdivision, for actions in compliance with the detainer. | {"src": "billsum_train", "title": "Stop Dangerous Sanctuary Cities Act"} | 2,013 | 170 | 0.576664 | 1.641391 | 0.711573 | 2.885135 | 12.02027 | 0.939189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Lands Corps Healthy Forests
Restoration Act of 2005''.
SEC. 2. AMENDMENTS TO THE PUBLIC LANDS CORPS ACT OF 1993.
(a) Definitions.--Section 203 of the Public Lands Corps Act of 1993
(16 U.S.C. 1722) is amended--
(1) by redesignating paragraphs (8), (9), (10), and (11) as
paragraphs (9), (10), (11), and (13), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Priority project.--The term `priority project' means
an appropriate conservation project conducted on eligible
service lands to further 1 or more of the purposes of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 et
seq.), as follows:
``(A) To reduce wildfire risk to a community,
municipal water supply, or other at-risk Federal land.
``(B) To protect a watershed or address a threat to
forest and rangeland health, including catastrophic
wildfire.
``(C) To address the impact of insect or disease
infestations or other damaging agents on forest and
rangeland health.
``(D) To protect, restore, or enhance forest
ecosystem components to--
``(i) promote the recovery of threatened or
endangered species;
``(ii) improve biological diversity; or
``(iii) enhance productivity and carbon
sequestration.''; and
(3) by inserting after paragraph (11) (as redesignated by
paragraph (1)) the following:
``(12) Secretary.--The term `Secretary' means--
``(A) with respect to National Forest System land,
the Secretary of Agriculture; and
``(B) with respect to Indian lands, Hawaiian home
lands, or land administered by the Department of the
Interior, the Secretary of the Interior.''.
(b) Qualified Youth or Conservation Corps.--Section 204(c) of the
Public Lands Corps Act of 1993 (16 U.S.C. 1723(c)) is amended--
(1) by striking ``The Secretary of the Interior and the
Secretary of Agriculture are'' and inserting the following:
``(1) In general.--The Secretary is''; and
(2) by adding at the end the following:
``(2) Preference.--
``(A) In general.--For purposes of entering into
contracts and cooperative agreements under paragraph
(1), the Secretary may give preference to qualified
youth or conservation corps located in a specific area
that have a substantial portion of members who are
economically, physically, or educationally
disadvantaged to carry out projects within the area.
``(B) Priority projects.--In carrying out priority
projects in a specific area, the Secretary shall, to
the maximum extent practicable, give preference to
qualified youth or conservation corps located in that
specific area that have a substantial portion of
members who are economically, physically, or
educationally disadvantaged.''.
(c) Conservation Projects.--Section 204(d) of the Public Lands
Corps Act of 1993 (16 U.S.C. 1723(d)) is amended--
(1) in the first sentence--
(A) by striking ``The Secretary of the Interior and
the Secretary of Agriculture may each'' and inserting
the following:
``(1) In general.--The Secretary may''; and
(B) by striking ``such Secretary'' and inserting
``the Secretary'';
(2) in the second sentence, by striking ``Appropriate
conservation'' and inserting the following:
``(2) Projects on indian lands.--Appropriate
conservation''; and
(3) by striking the third sentence and inserting the
following:
``(3) Disaster prevention or relief projects.--The
Secretary may authorize appropriate conservation projects and
other appropriate projects to be carried out on Federal, State,
local, or private land as part of a Federal disaster prevention
or relief effort.''.
(d) Conservation Centers and Program Support.--Section 205 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1724) is amended--
(1) by striking the heading and inserting the following:
``SEC. 205. CONSERVATION CENTERS AND PROGRAM SUPPORT.'';
(2) by striking subsection (a) and inserting the following:
``(a) Establishment and Use.--
``(1) In general.--The Secretary may establish and use
conservation centers owned and operated by the Secretary for--
``(A) use by the Public Lands Corps; and
``(B) the conduct of appropriate conservation
projects under this title.
``(2) Assistance for conservation centers.--The Secretary
may provide to a conservation center established under
paragraph (1) any services, facilities, equipment, and supplies
that the Secretary determines to be necessary for the
conservation center.
``(3) Standards for conservation centers.--The Secretary
shall--
``(A) establish basic standards of health,
nutrition, sanitation, and safety for all conservation
centers established under paragraph (1); and
``(B) ensure that the standards established under
subparagraph (A) are enforced.
``(4) Management.--As the Secretary determines to be
appropriate, the Secretary may enter into a contract or other
appropriate arrangement with a State or local government agency
or private organization to provide for the management of a
conservation center.''; and
(3) by adding at the end the following:
``(d) Assistance.--The Secretary may provide any services,
facilities, equipment, supplies, technical assistance, oversight,
monitoring, or evaluations that are appropriate to carry out this
title.''.
(e) Living Allowances and Terms of Service.--Section 207 of the
Public Lands Corps Act of 1993 (16 U.S.C. 1726) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Living Allowances.--The Secretary shall provide each
participant in the Public Lands Corps and each resource assistant with
a living allowance in an amount established by the Secretary.''; and
(2) by adding at the end the following:
``(c) Hiring.--The Secretary may--
``(1) grant to a member of the Public Lands Corps credit
for time served with the Public Lands Corps, which may be used
toward future Federal hiring; and
``(2) provide to a former member of the Public Lands Corps
noncompetitive hiring status for a period of not more than 120
days after the date on which the member's service with the
Public Lands Corps is complete.''.
(f) Funding.--The Public Lands Corps Act of 1993 is amended--
(1) in section 210 (16 U.S.C. 1729), by adding at the end
the following:
``(c) Other Funds.--Amounts appropriated pursuant to the
authorization of appropriations under section 211 are in addition to
amounts allocated to the Public Lands Corps through other Federal
programs or projects.''; and
(2) by inserting after section 210 the following:
``SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this title $15,000,000 for each of the fiscal
years 2007 through 2011. Of the amounts appropriated for any fiscal
year to carry out this title, not less than two-thirds shall be used to
conduct priority projects.
``(b) Availability of Funds.--Notwithstanding any other provision
of law, amounts appropriated for any fiscal year to carry out this
title shall remain available for obligation and expenditure until the
end of the fiscal year following the fiscal year for which the amounts
are appropriated.''.
(g) Conforming Amendments.--The Public Lands Corps Act of 1993 is
amended--
(1) in section 204 (16 U.S.C. 1723)--
(A) in subsection (b)--
(i) in the first sentence, by striking
``Secretary of the Interior or the Secretary of
Agriculture'' and inserting ``Secretary'';
(ii) in the third sentence, by striking
``Secretaries'' and inserting ``Secretary'';
and
(iii) in the fourth sentence, by striking
``Secretaries'' and inserting ``Secretary'';
and
(B) in subsection (e), by striking ``Secretary of
the Interior and the Secretary of Agriculture'' and
inserting ``Secretary'';
(2) in section 205 (16 U.S.C. 1724)--
(A) in subsection (b), by striking ``Secretary of
the Interior and the Secretary of Agriculture'' and
inserting ``Secretary''; and
(B) in subsection (c), by striking ``Secretary of
the Interior and the Secretary of Agriculture'' and
inserting ``Secretary'';
(3) in section 206 (16 U.S.C. 1725)--
(A) in subsection (a)--
(i) in the first sentence--
(I) by striking ``Secretary of the
Interior and the Secretary of
Agriculture are each'' and inserting
``Secretary is''; and
(II) by striking ``such Secretary''
and inserting ``the Secretary'';
(ii) in the third sentence, by striking
``Secretaries'' and inserting ``Secretary'';
and
(iii) in the fourth sentence, by striking
``Secretaries'' and inserting ``Secretary'';
and
(B) in the first sentence of subsection (b), by
striking ``Secretary of the Interior or the Secretary
of Agriculture'' and inserting ``the Secretary''; and
(4) in section 210 (16 U.S.C. 1729)--
(A) in subsection (a)--
(i) in paragraph (1), by striking
``Secretary of the Interior and the Secretary
of Agriculture are each'' and inserting
``Secretary is''; and
(ii) in paragraph (2), by striking
``Secretary of the Interior and the Secretary
of Agriculture are each'' and inserting
``Secretary is''; and
(B) in subsection (b), by striking ``Secretary of
the Interior and the Secretary of Agriculture'' and
inserting ``Secretary''. | Public Lands Corps Healthy Forests Restoration Act of 2005 - Amends the Public Lands Corps Act of 1993 to: (1) allow the Secretary (the Secretary of Agriculture with respect to National Forest System land or the Secretary of the Interior with respect to Indian lands, Hawaiian home lands, or lands administered by the Department of the Interior) for purposes of entering into contracts and cooperative agreements under such Act, to give preference to qualified youth or conservation corps located in a specific area that have a substantial portion of members who are economically, physically, or educationally disadvantaged to carry out projects within the area; (2) require the Secretary, in carrying out priority projects (as defined by this Act) in a specific area, to give preference to qualified youth or conservation corps located in that specific area that have a substantial portion of such members; (3) allow the Secretary to authorize appropriate conservation projects and other appropriate projects to be carried out on federal, state, local, or private land as part of a federal disaster prevention or relief effort; (4) modify requirements for the establishment and use of conservation centers; (5) authorize the Secretary to provide any appropriate services, facilities, equipment, supplies, technical assistance, oversight, monitoring, or evaluations to carry out such Act; (6) require the Secretary to provide each participant in the Public Lands Corps and each resource assistant with a living allowance as established by the Secretary; and (7) permit the Secretary to grant members of the Public Lands Corps credit for time served with the Corps, which may be used toward future federal hiring and to provide to a former member of the Corps noncompetitive hiring status for a specified period after the date on which such member's service with the Corps is complete.
Provides that amounts appropriated pursuant to the authorization of appropriations under this Act are in addition to amounts allocated to the Public Lands Corps through other federal programs or projects.
Authorizes appropriations to carry out such Act. Instructs that not less than two-thirds of such appropriated amounts shall be used to conduct priority projects. | {"src": "billsum_train", "title": "To amend the Public Lands Corps Act of 1993 to provide for the conduct of projects that protect forests, and for other purposes."} | 2,382 | 432 | 0.596576 | 1.733555 | 0.763302 | 4.937811 | 5.251244 | 0.962687 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Border Travel Facilitation
Act''.
SEC. 2. STATE DRIVER'S LICENSE AND IDENTIFICATION ENROLLMENT PROGRAM.
Section 7209 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by
adding at the end the following new subsection:
``(e) State Driver's License and Identification Card Enrollment
Program.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary of State and the Secretary of Homeland
Security shall establish a State Driver's License and Identity
Card Enrollment Program as described in this subsection
(hereinafter in this subsection referred to as the `Program')
and enter into a memorandum of understanding with an
appropriate official of each State that elects to participate
in the Program.
``(2) Purpose.--The purpose of the Program is to permit a
citizen of the United States who produces a driver's license or
identity card that meets the requirements of paragraph (3) or a
citizen of Canada who produces a document described in
paragraph (4) to enter the United States from Canada without
providing any other documentation or evidence of citizenship.
``(3) Admission of citizens of the united states.--A
driver's license or identity card meets the requirements of
this subparagraph if--
``(A) the license or card--
``(i) was issued by a State that is
participating in the Program;
``(ii) meets the requirements of section
202 of the REAL ID Act of 2005 (division B of
Public Law 109-13; 49 U.S.C. 30301 note); and
``(iii) includes the United States
citizenship status of the individual to whom
the license or card was issued; and
``(B) the State that issued the license or card--
``(i) has a mechanism that is approved by
the Secretary of State to verify the United
States citizenship status of an applicant for
such a license or card;
``(ii) does not require an individual to
include the individual's citizenship status on
such a license or card; and
``(iii) manages all information regarding
an applicant's United States citizenship status
in the same manner as such information
collected through the United States passport
application process and prohibits any other use
or distribution of such information.
``(4) Admission of citizens of canada.--
``(A) In general.--Notwithstanding any other
provision of law, if the Secretary of State and the
Secretary of Homeland Security determine that an
identity document issued by the Government of Canada or
by the Government of a Province or Territory of Canada
meets security and information requirements comparable
to the requirements for a driver's license or identity
card described in paragraph (3), the Secretary of
Homeland Security shall permit a citizen of Canada to
enter the United States from Canada using such a
document without providing any other documentation or
evidence of Canadian citizenship.
``(B) Technology standards.--The Secretary of
Homeland Security shall work, to the maximum extent
possible, to ensure that an identification document
issued by Canada that permits entry into the United
States under subparagraph (A) utilizes technology
similar to the technology utilized by identification
documents issued by the United States or any State.
``(5) Admission of children.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall
permit an individual to enter the United States without
providing any evidence of citizenship if--
``(A) the individual--
``(i) is less than 16 years old;
``(ii) is accompanied by the individual's
legal guardian; and
``(iii) is entering the United States from
Canada or another country if the Secretary
permits an individual to enter the United
States from that country under the Program
pursuant to paragraph (6)(A); and
``(B) such legal guardian provides a driver's
license or identity card described in paragraph (3), a
document described in paragraph (4), or other evidence
of citizenship if the Secretary permits an individual
to enter the United States using such evidence under
the Program pursuant to paragraph (6)(B).
``(6) Authority to expand.--Notwithstanding any other
provision of law, the Secretary of State and the Secretary of
Homeland Security may expand the Program to permit an
individual to enter the United States--
``(A) from a country other than Canada; or
``(B) using evidence of citizenship other than a
driver's license or identity card described in
paragraph (3) or a document described in paragraph (4).
``(7) Relationship to other requirements.--Nothing in this
subsection shall have the effect of creating a national
identity card or a certification of citizenship for any purpose
other than admission into the United States as described in
this subsection.
``(8) State defined.--In this subsection, the term `State'
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the Commonwealth
of Puerto Rico, the District of Columbia, Guam, the Virgin
Islands of the United States, or any other territory or
possession of the United States.
``(9) Schedule for implementation.--
``(A) In general.--The Secretary of Homeland
Security and the Secretary of State shall implement the
Program not later than December 31, 2009.
``(B) Admission prior to implementation.--During
the time period beginning on the date of the enactment
of the Northern Border Travel Facilitation Act and
ending on the date that the Program is implemented, the
Secretary of Homeland Security shall permit an
individual who is a citizen of the United States or
Canada to enter the United States from Canada if that
individual can demonstrate United States or Canadian
citizenship to the satisfaction of the Secretary. Birth
certificates issued by a State, or by the Government of
Canada or by the Government of a Province or Territory
of Canada, or a citizenship certificate or card issued
by the Government of Canada shall be deemed to be a
satisfactory demonstration of citizenship under this
subparagraph.''. | Generics First Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to exclude from coverage under the Medicare part D prescription drug program all nongeneric (brand name) drugs unless no generic drug has been approved, and the brand name drug is determined to be medically necessary. | {"src": "billsum_train", "title": "A bill to amend title XVIII of the Social Security Act to require the use of generic drugs under the Medicare part D prescription drug program when available unless the brand name drug is determined to be medically necessary."} | 1,340 | 84 | 0.302674 | 0.78678 | -0.096472 | 0.621212 | 19.409091 | 0.469697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brownfield Cleanup and Redevelopment
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds:
(1) Nationwide, older abandoned or under-used commercial
and industrial sites known as brownfields are often overlooked
for redevelopment because of real or perceived contamination
from past commercial or industrial activities.
(2) Reuse of these sites often requires site assessment and
cleanup, adding costs and uncertainties to the redevelopment
process, and prompting many developers to pursue cheaper, less
complicated development options on undeveloped sites.
(3) Industrialized metropolitan areas and small towns alike
are affected adversely by these competing pressures, as loss of
tax revenues and job opportunities for community residents lead
to a deterioration of the urban environment, including the
presence of unremediated environmental contamination.
(4) States have created remedial action programs to allow a
person to respond voluntarily to a release or suspected release
of hazardous substances at low and medium priority facilities.
Such programs have flourished due to the States' ability to
streamline duplicative State and Federal regulatory
requirements and affect a timely, cost-effective, and
environmentally protective cleanup of sites.
(5) The benefits of State voluntary cleanup programs would
be significantly enhanced in the context of a Federal system
that encourages Federal-State partnerships, provides legal
finality to the cleanup process, and removes Federal
requirements for certain procedural permits for cleanups
conducted under certified State voluntary cleanup programs.
(b) Purpose.--The purpose of this Act is to ensure the quality of
State brownfield cleanup and redevelopment efforts by establishing
Federal criteria for State voluntary cleanup programs and to provide
certainty by removing the cleanup of eligible brownfield facilities and
properties remediated through certified State voluntary cleanup
programs from coverage under certain other Federal laws.
SEC. 3. CERTIFICATION OF STATE VOLUNTARY CLEANUP PROGRAMS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency (hereinafter in this Act referred to as the
``Administrator'') shall establish, and publish in the Federal
Register, certification criteria under subsection (d) for State
programs for the voluntary cleanup of eligible facilities. If a State
meets the criteria for certification, the Administrator shall certify
the State to carry out the cleanup program in such State at
eligible Facilities in lieu of any Federal program that addresses the
cleanup of such facilities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 or the Solid Waste
Disposal Act.
(b) Certification of State Programs.--The Administrator shall
certify a State program for the voluntary cleanup of eligible
facilities within 120 days after the Administrator receives adequate
documentation from the State indicating that the State program meets
the certification criteria established under subsection (d).
(c) Federal-State Cooperation and State Certification.--The
Administrator shall cooperate with the State to ensure that State
programs continue to meet the terms of the certification issued
pursuant to subsection (b). The Administrator shall convene annual
meetings to discuss the status of the State program and to encourage
continuing dialogue. The Administrator shall notify the State of any
failure of the State program to continue to meet the certification
criteria established under subsection (d) and shall assist the State in
remedying such deficiency. If any such deficiency is substantial and is
not remedied in a timely manner, the Administrator may withdraw the
certification. Withdrawal of certification shall not affect any cleanup
completed and approved by the State as of the date of such withdrawal.
(d) Certification Criteria.--In order for a State voluntary cleanup
program to be certified under this section, the program shall meet each
of the following criteria:
(1) The program shall provide that only eligible
facilities, as described in subsection (d), may participate in
the program.
(2) The program shall provide adequate opportunities for
meaningful public participation in the development and
implementation of cleanup plans for eligible facilities. Public
participation requirements shall include, but not be limited
to, providing opportunity for affected parties to review and
comment on cleanup documents and plans, and providing
opportunity for public input to the remedy selection process.
Affected parties shall include, but not be limited to, local
work force representatives, adjacent community residents, and
local environmental and health officials and other public
interest organizations.
(3) The program shall ensure that technical assistance is
available throughout each voluntary cleanup.
(4) The program shall ensure that adequate resources are
available to carry out cleanup under the program and to
administer the program.
(5) The program shall ensure adequate oversight and
enforcement authority.
(6) The program shall provide for a certification from the
State to the owner or prospective purchaser of an eligible
facility that the cleanup is complete.
(e) Eligible Facilities.--For purposes of this Act, the term
``eligible facility'' means a facility or property that is a low- or
medium-priority environmental hazard for the State, but whose
environmental contamination is thought to be preventing the timely use,
redevelopment, or reuse of the facility or property, and is thought to
be limited in scope and readily assessable, except that such term shall
not include any of the following:
(1) A facility for which an abatement action has been taken
or is scheduled to be taken under section 106 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 or for which an action has been taken or
is scheduled to be taken under section 7003 of the Solid Waste
Disposal Act.
(2) A facility that is the subject of a Federal response
action under section 104 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601 et seq.).
(3) A facility included on the National Priorities List or
proposed for inclusion and for which documentation for listing
has been prepared by the State or the Administrator.
(4) A facility required to have a permit under section 3005
of the Solid Waste Disposal Act that does not have a permit
under that section and does not qualify for authorization to
operate in interim status under subsection (e) of that section.
(5) A land disposal unit with respect to which a closure
requirement under subtitle C of the Solid Waste Disposal Act
(42 U.S.C. 6921 et seq.) is submitted and closure requirements
are specified in a closure plan or permit.
(6) A facility that is the subject of a corrective action
under section 3004(u) or 3008(h) of the Solid Waste Disposal
Act (42 U.S.C. 5924(u) or 6928(h)) that has been evaluated as
high priority under the Environmental Protection Agency's
National Corrective Action Priority System as set forth in
regulations under subtitle C of the Solid Waste Disposal Act.
(7) A facility at which assistance for response activities
may be obtained pursuant to subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking
Underground Storage Tank Trust Fund established under section
9508 of the Internal Revenue Code of 1986.
(8) A facility owned or operated by a department, agency,
or instrumentality of the United States.
(f) Relationship to Permit Requirements.--For any cleanup conducted
under a State voluntary cleanup program certified under this section,
if the cleanup is carried out in compliance with the certified program
the State may modify any procedural permit requirement in order to
expedite the cleanup.
SEC. 4. AUTHORITY UNDER CERCLA.
Notwithstanding subsection (a) of section 3, the Administrator
may--
(1) take any action authorized by section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603), or
(2) carry out investigations, monitoring, surveys, testing,
or other information gathering authorized under section 104(b)
of such Act (42 U.S.C. 9604(b)) with respect to facilities that
are subject to a State voluntary response program, but only for
purposes of determining whether the facility qualifies for
listing on the National Priorities List pursuant to section 105
(42 U.S.C. 9605) of that Act. | Brownfield Cleanup and Redevelopment Act - Directs the Administrator of the Environmental Protection Agency to: (1) establish certification criteria for State programs for voluntary cleanup of eligible facilities; and (2) certify qualified States to carry out cleanup programs at eligible facilities in lieu of any Federal program that addresses the cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act.
Defines "eligible facility," with exceptions, as a facility or property that is a low- or medium-priority environmental hazard for the State but whose environmental contamination is thought to be: (1) preventing the timely use, redevelopment, or reuse of the facility or property; and (2) limited in scope and readily assessable.
Requires the Administrator to ensure that State programs continue to meet the terms of certification by meeting annually to discuss the status of the State program and encourage continuing dialogue and by assisting the State in remedying any deficiency. Sets procedures for withdrawal of certification where deficiencies are not resolved.
Directs the Administrator to require a State program, to be certified, to provide: (1) that only eligible facilities may participate; (2) adequate opportunities for public participation in the development and implementation of cleanup plans; (3) technical assistance throughout each voluntary cleanup; (4) adequate resources for cleanup and administration of the program; (5) adequate oversight and enforcement authority to ensure that the voluntary cleanups comply with Federal and State laws; and (6) for State certification to the owner or prospective purchaser of an eligible facility that the cleanup is complete.
Allows a State to modify any procedural permit applicable to a cleanup conducted under a State program in order to expedite the cleanup.
Allows the Administrator, notwithstanding a certification granted under this Act, to: (1) take any action authorized under CERCLA release notification provisions; and (2) carry out investigations, monitoring, surveys, testing, or other information gathering under CERCLA response authorities with respect to facilities subject to a State voluntary response program, but only for purposes of determining qualification for listing on the National Priorities List. | {"src": "billsum_train", "title": "Brownfield Cleanup and Redevelopment Act"} | 1,782 | 444 | 0.694994 | 2.191755 | 0.818465 | 4.28777 | 3.992806 | 0.906475 |
<greek-th> x <greek-th> x
SECTION 1. SHORT TITLE. <greek-th> x
This Act may be cited as the ``Kenai Mountains-Turnagain Arm
National Heritage Corridor Act''.<greek-th> x
SEC. 2. FINDINGS AND PURPOSES. <greek-th> x
(a) Findings.--Congress finds the following:<greek-th> x
(1) The Kenai Mountains-Turnagain Arm transportation
corridor is a major gateway to Alaska and includes a range of
transportation routes used first by indigenous people who were
followed by pioneers who settled the Nation's last
frontier.<greek-th> x
(2) The natural history and scenic splendor of the region
are equally outstanding; vistas of nature's power include
evidence of earthquake subsidence, recent avalanches,
retreating glaciers and tidal action along Turnagain Arm, which
has the world's second greatest tidal range.<greek-th> x
(3) The cultural landscape formed by indigenous people and
then by settlement, transportation and modern resource
development in this rugged and often treacherous natural
setting stands as powerful testimony to the human fortitude,
perseverance, and resourcefulness that is America's proudest
heritage from the people who settled the frontier.<greek-th> x
(4) There is a national interest in recognizing,
preserving, promoting, and interpreting these
resources.<greek-th> x
(5) The Kenai Mountains-Turnagain Arm region is
geographically and culturally cohesive because it is defined by
a corridor of historic routes--trail, water, railroad, and
roadways through a distinct landscape of mountains, lakes, and
fjords.<greek-th> x
(6) National significance of separate elements of the
region include, but are not limited to, the Iditarod National
Historic Trail, the Seward Highway National Scenic Byway, and
the Alaska Railroad National Scenic Railroad.<greek-th> x
(7) National Heritage Corridor designation provides for the
interpretation of these routes, as well as the national
historic districts and numerous historic routes in the region
as part of the whole picture of human history in the wider
transportation corridor including early Native trade routes,
connections by waterway, mining trail, and other
routes.<greek-th> x
(8) National Heritage Corridor designation also provides
communities within the region with the motivation and means for
``grass roots'' regional coordination and partnerships with
each other and with borough, State, and Federal
agencies.<greek-th> x
(9) National Heritage Corridor designation is supported by
the Kenai Peninsula Historical Association, the Seward
Historical Commission, the Seward City Council, the Hope and
Sunrise Historical Society, the Hope Chamber of Commerce, the
Alaska Association for Historic Preservation, the Cooper
Landing Community Club, the Alaska Wilderness Recreation and
Tourism Association, Anchorage Historic Properties, the
Anchorage Convention and Visitors Bureau, the Cook Inlet
Historical Society, the Moose Pass Sportsman's Club, the Alaska
Historical Commission, the Girdwood Board of Supervisors, the
Kenai River Special Management Area Advisory Board, the Bird/
Indian Community Council, the Kenai Peninsula Borough Trails
Commission, the Alaska Division of Parks and Recreation, the
Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing
Council, and the Anchorage Municipal Assembly.<greek-th> x
(b) Purposes.--The purposes of this Act are--<greek-th> x
(1) to recognize, preserve, and interpret the historic and
modern resource development and cultural landscapes of the
Kenai Mountains-Turnagain Arm historic transportation corridor,
and to promote and facilitate the public enjoyment of these
resources; and<greek-th> x
(2) to foster, through financial and technical assistance,
the development of cooperative planning and partnerships among
the communities and borough, State, and Federal Government
entities.<greek-th> x
SEC. 3. DEFINITIONS. <greek-th> x
In this Act:<greek-th> x
(1) Heritage corridor.--The term ``Heritage Corridor''
means the Kenai Mountains-Turnagain Arm National Heritage
Corridor established by section 4(a).<greek-th> x
(2) Management entity.--The term ``management entity''
means the 11 member Board of Directors of the Kenai Mountains-
Turnagain Arm National Heritage Corridor Communities
Association, a non-profit corporation, established in
accordance with the laws of the State of Alaska.<greek-th> x
(3) Management plan.--The term ``management plan'' means
the management plan for the Heritage Corridor.<greek-th> x
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.<greek-th> x
SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR.
<greek-th> x
(a) Establishment.--There is established the Kenai Mountains-
Turnagain Arm National Heritage Corridor.<greek-th> x
(b) Boundaries.--The Heritage Corridor shall comprise the lands in
the Kenai Mountains and upper Turnagain Arm region generally depicted
on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage
Corridor'', numbered Map #KMTA091, and dated August 1999. The map shall
be on file and available for public inspection in the offices of the
Alaska Regional Office of the National Park Service and in the offices
of the Alaska State Heritage Preservation Officer.<greek-th> x
SEC. 5. MANAGEMENT ENTITY. <greek-th> x
(a) Cooperative Agreement.--To carry out the purposes of this Act,
the Secretary shall enter into a cooperative agreement with the
management entity. The cooperative agreement shall be prepared with
public participation and shall include information relating to the
objectives and management of the Heritage Corridor, including the
following:<greek-th> x
(1) A discussion of the goals and objectives of the
Heritage Corridor.<greek-th> x
(2) An explanation of the proposed approach to conservation
and interpretation of the Heritage Corridor.<greek-th> x
(3) A general outline of the protection measures to which
the management entity commits.<greek-th> x
(b) Limits.--Nothing in this Act authorizes the management entity
to assume any management authorities or responsibilities on Federal
lands.<greek-th> x
(c) Development and Implementation of Plan.--Representatives of
other organizations shall be invited and encouraged to participate with
the management entity and in the development and implementation of the
management plan, including but not limited to: The State Division of
Parks and Outdoor Recreation; the State Division of Mining, Land and
Water; the Forest Service; the State Historic Preservation Office; the
Kenia Peninsula Borough, the Municipality of Anchorage; the Alaska
Railroad, the Alaska Department of Transportation; and the National
Park Service.<greek-th> x
SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. <greek-th> x
(a) Management Plan.--<greek-th> x
(1) In general.--Not later than 3 years after the Secretary
enters into a cooperative agreement with the management entity,
the management entity shall develop a management plan for the
Heritage Corridor, taking into consideration Federal, State,
borough, and local plans.<greek-th> x
(2) Contents.--The management plan shall include, but not
be limited to--<greek-th> x
(A) comprehensive recommendations for conservation,
funding, management, and development of the Heritage
Corridor;<greek-th> x
(B) a description of agreements on actions to be
carried out by public and private organizations to
protect the resources of the Heritage
Corridor;<greek-th> x
(C) a list of specific and potential sources of
funding to protect, manage, and develop the Heritage
Corridor;<greek-th> x
(D) an inventory of the known cultural and historic
resources contained in the Heritage Corridor;
and<greek-th> x
(E) a description of the role and participation of
other Federal, State, and local agencies that have
jurisdiction on lands within the Heritage
Corridor.<greek-th> x
(b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
cooperative agreement with the Secretary and the management plan,
including assisting communities within the region in--<greek-th> x
(1) carrying out programs that recognize important resource
values in the Heritage Corridor;<greek-th> x
(2) encouraging economic viability in the affected
communities;<greek-th> x
(3) establishing and maintaining interpretive exhibits in
the Heritage Corridor;<greek-th> x
(4) improving and interpreting heritage
trails;<greek-th> x
(5) increasing public awareness and appreciation for the
natural, historical, and cultural resources and modern resource
development of the Heritage Corridor;<greek-th> x
(6) restoring historic buildings and structures that are
located within the boundaries of the Heritage Corridor;
and<greek-th> x
(7) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are
placed throughout the Heritage Corridor.<greek-th> x
(c) Public Meetings.--The management entity shall conduct 2 or more
public meetings each year regarding the initiation and implementation
of the management plan for the Heritage Corridor. The management entity
shall place a notice of each meeting in a newspaper of general
circulation in the Heritage Corridor and shall make the minutes of the
meeting available to the public.<greek-th> x
SEC. 7. DUTIES OF THE SECRETARY. <greek-th> x
In accordance with the terms and conditions of the cooperative
agreement, upon the request of the management entity, and subject to
the availability of funds, the Secretary may provide administrative,
technical, financial, design, development, and operations assistance to
carry out the purposes of this Act.<greek-th> x
SEC. 8. SAVINGS PROVISIONS. <greek-th> x
(a) Regulatory Authority.--Nothing in this Act shall be construed
to grant powers of zoning or management of land use to the management
entity.<greek-th> x
(b) Effect on Authority of Governments.--Nothing in this Act shall
be construed to modify, enlarge, or diminish any authority of the
Federal, State, or local governments to manage or regulate any use of
land as provided for by law or regulation.<greek-th> x
(c) Effect on Business.--Nothing in this Act shall be construed to
obstruct or limit business activity on private development or resource
development activities.<greek-th> x
SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY. <greek-th> x
The management entity may not use funds appropriated to carry out
the purposes of this Act to acquire real property or interests in real
property.<greek-th> x
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <greek-th> x
(a) First Year.--For the first year $350,000 is authorized to be
appropriated to carry out the purposes of this Act, and is made
available upon the Secretary and the management entity entering into a
cooperative agreement under section 3.<greek-th> x
(b) In General.--There is authorized to be appropriated not more
than $1,000,000 to carry out the purposes of this Act for any fiscal
year after the first year. Not more than $10,000,000, in the aggregate,
may be appropriated for the Heritage Corridor.<greek-th> x
(c) Matching Funds.--Federal funding provided under this Act shall
be matched at least 25 percent by other funds or in-kind
services.<greek-th> x
(d) Sunset Provision.--The Secretary may not make any grant or
provide any assistance under this Act beyond 15 years from the date
that the Secretary and the management entity enter into a cooperative
agreement.<greek-th> x <greek-th> x
08 x | Kenai Mountains-Turnagain Arm National Heritage Corridor Act - Establishes in Alaska the Kenai Mountains-Turnagain Arm National Heritage Corridor. Directs the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association to develop a management plan for the Corridor. Authorizes the Secretary to provide assistance to carry out this Act. Prohibits the Association from using appropriated funds to acquire real property. | {"src": "billsum_train", "title": "To establish the Kenai Mountains-Turnagain Arm National Heritage Corridor in the State of Alaska, and for other purposes."} | 3,317 | 124 | 0.395579 | 1.26482 | 0.473523 | 4.282353 | 27.411765 | 0.941176 |
SECTION 1. PILOT PROGRAM ON PROVISION OF FURNITURE, HOUSEHOLD ITEMS,
AND OTHER ASSISTANCE TO HOMELESS VETERANS MOVING INTO
PERMANENT HOUSING.
(a) Pilot Program Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall commence a pilot program to assess the feasibility and
advisability of awarding grants to eligible entities to provide
furniture, household items, and other assistance to covered
veterans moving into permanent housing to facilitate the
settlement of such covered veterans in such housing.
(2) Eligible entities.--For purposes of the pilot program,
an eligible entity is any of the following:
(A) A veterans service agency.
(B) A veterans service organization.
(C) A nongovernmental organization that--
(i) is described in paragraph (3), (4), or
(19) of section 501(c) of the Internal Revenue
Code of 1986 and is exempt from taxation under
section 501(a) of such code; and
(ii) has an established history of
providing assistance to veterans or the
homeless.
(3) Covered veterans.--For purposes of the pilot program, a
covered veteran is any of the following:
(A) A formerly homeless veteran who is receiving
housing, clinical services, and case management
assistance under section 8(o)(19) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
(B) A veteran who is receiving--
(i) assistance from, or is the beneficiary
of a service furnished by, a program that is in
receipt of a grant under section 2011 of title
38, United States Code; or
(ii) services for which per diem payment is
received under section 2012 of such title.
(C) A veteran who is--
(i) a beneficiary of the outreach program
carried out under section 2022(e) of such
title; or
(ii) in receipt of referral or counseling
services from the program carried out under
section 2023 of such title.
(D) A veteran who is receiving a service or
assistance under section 2031 of such title.
(E) A veteran who is residing in therapeutic
housing operated under section 2032 of such title.
(F) A veteran who is receiving domiciliary services
under section 2043 of such title or domiciliary care
under section 1710(b) of such title.
(G) A veteran who is receiving supportive services
under section 2044 of such title.
(4) Duration.--The Secretary shall carry out the pilot
program during the three-year period beginning on the date of
the commencement of the pilot program.
(b) Grants.--
(1) In general.--The Secretary shall carry out the pilot
program through the award of grants to eligible entities for
the provision of furniture and other household items as
described in subsection (a)(1).
(2) Maximum amount.--The amount of a grant awarded under
the pilot program shall not exceed $500,000.
(c) Selection of Grant Recipients.--
(1) Application.--An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefor in such form and in such manner as the Secretary
considers appropriate.
(2) Selection priority.--
(A) Communities with greatest need.--Subject to
subparagraph (B), in accordance with regulations the
Secretary shall prescribe, the Secretary shall give
priority in the awarding of grants under the pilot
program to eligible entities who serve communities
which the Secretary determines have the greatest need
of homeless services.
(B) Geographic distribution.--The Secretary may
give priority in the awarding of grants under the pilot
program to achieve a fair distribution, as determined
by the Secretary, among eligible entities serving
covered veterans in different geographic regions,
including in rural communities and tribal lands.
(d) Use of Grant Funds.--
(1) In general.--Except as provided in paragraph (2), each
eligible entity receiving a grant under the pilot program shall
use the grant--
(A) to coordinate with the Secretary to facilitate
distribution of furniture and other household items to
covered veterans moving into permanent housing;
(B) to purchase, or otherwise obtain via donation,
furniture and household items for use by such covered
veterans;
(C) to distribute such furniture and household
items to such covered veterans; and
(D) to pay for background checks, provide security
deposits, provide funds for utilities, and provide
moving expenses for such covered veterans that are
necessary for the settlement of such covered veterans
in such housing.
(2) Maximum amount of assistance.--A recipient of a grant
awarded under the pilot program may not expend more than $2,500
of the amount of the grant awarded for the provision to a
single covered veteran of assistance under the pilot program.
(3) Memorandums of understanding.--In the case of an
eligible entity receiving a grant under the pilot program that
entered into a memorandum of understanding with the Secretary
before the date of the enactment of this Act that provides for
the provision of furniture and other household items to covered
veterans as described in subsection (a) without Federal
compensation, the eligible entity may use the grant in
accordance with the provisions of such memorandum of
understanding in lieu of paragraph (1).
(4) Full use of funds.--
(A) In general.--A recipient of a grant awarded
under the pilot program shall use the full amount of
the grant by not later than one year after the date on
which the Secretary awards such grant.
(B) Recovery.--The Secretary may recover from a
recipient of a grant awarded under this section all of
the unused amounts of the grant if all of the amounts
of the grant are not used--
(i) pursuant to paragraph (1) and
subparagraph (A) of this paragraph; or
(ii) in a case described in paragraph (3),
pursuant to an applicable memorandum of
understanding.
(e) Outreach.--The Secretary shall conduct outreach, including
under chapter 63 of title 38, United States Code, to inform covered
veterans about their eligibility to receive household items, furniture,
and other assistance under the pilot program.
(f) Regulations.--The Secretary shall prescribe regulations for--
(1) evaluating an application by an eligible entity for a
grant under the pilot program; and
(2) otherwise administering the pilot program.
(g) Report.--
(1) In general.--Not later than the date that is 90 days
after the last day of the pilot program, the Secretary shall
submit to Congress a report on the pilot program.
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the pilot program.
(B) The findings of the Secretary with respect to
the feasibility and advisability of awarding grants to
eligible entities as described in subsection (a)(1).
(C) Such recommendations as the Secretary may have
for legislative or administrative action to facilitate
the settlement of covered veterans into permanent
housing.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $5,000,000 for
each year of the pilot program.
(i) Definitions.--In this section:
(1) Outreach.--The term ``outreach'' has the meaning given
such term in section 6301(b)(1) of title 38, United States
Code.
(2) Veterans service agency.--The term ``veterans service
agency'' means a unit of a State government, or a political
subdivision thereof, that has primary responsibility for
programs and activities of such government or subdivision
related to veterans benefits.
(3) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by the
Secretary for the representation of veterans under section 5902
of title 38, United States Code. | Directs the Secretary of Veterans Affairs (VA) to conduct a three-year pilot program to assess the feasibility and advisability of awarding grants to veterans service agencies, veterans service organizations, and nongovernmental tax-exempt organizations with experience assisting veterans or the homeless to provide veterans who are receiving specified VA homeless benefits with furniture, household items, and other assistance to facilitate their settlement into permanent housing. Requires the Secretary to: (1) give grant priority to applicants who serve communities that have the greatest need of homeless services, and (2) inform veterans of their eligibility to receive benefits under the pilot program. Caps the amount of each grant and the amount of each grant that a grantee may use to provide benefits to an individual veteran. | {"src": "billsum_train", "title": "A bill to require the Secretary of Veterans Affairs to establish a pilot program on awarding grants for provision of furniture, household items, and other assistance to homeless veterans to facilitate their transition into permanent housing, and for other purposes."} | 1,697 | 156 | 0.564633 | 1.574268 | 0.65012 | 2.838028 | 11.21831 | 0.894366 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Mineral Resources Research
Act of 1996''.
SEC. 2. RESEARCH PROGRAM.
The Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is
amended--
(1) by inserting after the first section the following:
``TITLE I--MINING POLICY'';
(2) by redesignating section 2 as section 101; and
(3) by adding at the end the following:
``TITLE II--MARINE MINERAL RESOURCES RESEARCH PROGRAM
``SEC. 201. DEFINITIONS.
``In this title:
``(1) The term `contract' has the same meaning as `procurement
contract' in section 6303 of title 31, United States Code.
``(2) The term `cooperative agreement' has the same meaning as
in section 6305 of title 31, United States Code.
``(3) The term `eligible entity' means--
``(A) a research or educational entity chartered or
incorporated under Federal or State law;
``(B) an individual who is a United States citizen; or
``(C) a State or regional agency.
``(4) The term `grant' has the same meaning as `grant
agreement' in section 6304 of title 31, United States Code.
``(5) The term `in-kind contribution' means a noncash
contribution provided by a non-Federal entity that directly
benefits and is related to a specific project or program. An in-
kind contribution may include real property, equipment, supplies,
other expendable property, goods, and services.
``(6) The term `marine mineral resource' means--
``(A) sand and aggregates;
``(B) placers;
``(C) phosphates;
``(D) manganese nodules;
``(E) cobalt crusts;
``(F) metal sulfides; and
``(G) other marine resources that are not--
``(i) oil and gas;
``(ii) fisheries; or
``(iii) marine mammals.
``(7) The term `Secretary' means the Secretary of the Interior.
``SEC. 202. RESEARCH PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
program of research on marine mineral resources.
``(b) Program Goal.--The goal of the program shall be to--
``(1) promote research, identification, assessment, and
exploration of marine mineral resources in an environmentally
responsible manner;
``(2) assist in developing domestic technologies required for
efficient and environmentally sound development of marine mineral
resources;
``(3) coordinate and promote the use of technologies developed
with Federal assistance, and the use of available Federal assets,
for research, identification, assessment, exploration, and
development of marine mineral resources; and
``(4) encourage academia and industry to conduct basic and
applied research, on a joint basis, through grants, cooperative
agreements, or contracts with the Federal Government.
``(c) Responsibilities of the Secretary.--In carrying out the
program, the Secretary shall--
``(1) promote and coordinate partnerships between industry,
government, and academia to research, identify, assess, and explore
marine mineral resources in an environmentally sound manner;
``(2) undertake programs to develop the basic information
necessary to the long-term national interest in marine mineral
resources (including seabed mapping) and to ensure that data and
information are accessible and widely disseminated as needed and
appropriate;
``(3) identify, and promote cooperation among agency programs
that are developing, technologies developed by other Federal
programs that may hold promise for facilitating undersea
applications related to marine mineral resources, including
technologies related to vessels and other platforms, underwater
vehicles, survey and mapping systems, remote power sources, data
collection and transmission systems, and various seabed research
systems; and
``(4) foster communication and coordination between Federal and
State agencies, universities, and private entities concerning
marine mineral research on seabeds of the continental shelf, ocean
basins, and arctic and cold water areas.
In carrying out these responsibilities, the Secretary shall ensure the
participation of non-Federal users of technologies and data related to
marine mineral resources in planning and priority setting.
``SEC. 203. GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.
``(a) Assistance and Coordination.--
``(1) In general.--The Secretary shall award grants or
contracts to, or enter into cooperative agreements with, eligible
entities to support research for the development or utilization
of--
``(A) methods, equipment, systems, and components necessary
for the identification, assessment, and exploration of marine
mineral resources in an environmentally responsible manner;
``(B) methods of detecting, monitoring, and predicting the
presence of adverse environmental effects in the marine
environment and remediating the environmental effects of marine
mineral resource exploration, development, and production; and
``(C) education and training material in marine mineral
research and resource management.
``(2) Cost-sharing for contracts or cooperative agreements.--
``(A) Federal share.--Except as provided in subparagraph
(B)(ii), the Federal share of the cost of a contract or
cooperative agreement carried out under this subsection shall
not be greater than 80 percent of the total cost of the
project.
``(B) Non-federal share.--The remaining non-Federal share
of the cost of a project carried out under this section may
be--
``(i) in the form of cash or in-kind contributions, or
both; and
``(ii) comprised of funds made available under other
Federal programs, except that non-Federal funds shall be
used to defray at least 10 percent of the total cost of the
project.
``(C) Consultation.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish, after
consultation with other Federal agencies, terms and conditions
under which Federal funding will be provided under this
subsection that are consistent with the Agreement on Subsidies
and Countervailing Measures referred to in section 101(d)(12)
of the Uruguay Round Agreement Act (19 U.S.C. 3511(d)(12)).
``(b) Competitive Review.--
``(1) In general.--An entity shall not be eligible to receive a
grant or contract, or participate in a cooperative agreement, under
subsection (a) unless--
``(A) the entity submits a proposal to the Secretary at
such time, in such manner, and accompanied by such information
as the Secretary may reasonably require; and
``(B) the proposal has been evaluated by a competitive
review panel under paragraph (3).
``(2) Competitive review panels.--
``(A) Composition.--A competitive review panel shall be
chaired by the Secretary or by the Secretary's designee and
shall be composed of members who meet the following criteria:
``(i) Appointment.--The members shall be appointed by
the Secretary.
``(ii) Experience.--Not less than 50 percent of the
members shall represent or be employed by private marine
resource companies that are involved in exploration of the
marine environment or development of marine mineral
resources.
``(iii) Interest.--None of the members may have an
interest in a grant, contract, or cooperative agreement
being evaluated by the panel.
``(B) No compensation.--A review panel member who is not
otherwise a Federal employee shall receive no compensation for
performing duties under this section, except that, while
engaged in the performance of duties away from the home or
regular place of business of the member, the member may be
allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as a person employed
intermittently in the Government service under section 5703 of
title 5, United States Code.
``(3) Evaluation.--A competitive review panel shall base an
evaluation of a proposal on criteria developed by the Secretary
that shall include--
``(A) the merits of the proposal;
``(B) the research methodology and costs of the proposal;
``(C) the capability of the entity submitting the proposal
and any other participating entity to perform the proposed work
and provide in-kind contributions;
``(D) the amount of matching funds provided by the entity
submitting the proposal or provided by other Federal, State, or
private entities;
``(E) the extent of collaboration with other Federal,
State, or private entities;
``(F) in the case of a noncommercial entity, the existence
of a cooperative agreement with a commercial entity that
provides for collaboration in the proposed research;
``(G) whether the proposal promotes responsible
environmental stewardship; and
``(H) such other factors as the Secretary considers
appropriate.
``(c) Limitations.--
``(1) Administrative expenses.--Not more than 10 percent of the
amount made available to carry out this section during a fiscal
year may be used by the Secretary for expenses associated with
administration of the program authorized by this section.
``(2) Construction costs.--None of the funds made available
under this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or alteration
of an existing building (including site grading and improvement and
architect fees).
``(d) Reports.--An eligible entity that receives a grant or
contract or enters into a cooperative agreement under this section
shall submit an annual progress report and a final technical report to
the Secretary that--
``(1) describes project activities, implications of the
project, the significance of the project to marine mineral
research, identification, assessment, and exploration, and
potential commercial and economic benefits and effects of the
project; and
``(2) in the case of an annual progress report, includes a
project plan for the subsequent year.
``SEC. 204. MARINE MINERAL RESEARCH CENTERS.
``(a) In general.--No later than 90 days after the date of
enactment of this section, the Secretary shall designate 3 centers for
marine mineral research and related activities.
``(b) Concentration.--One center shall concentrate primarily on
research in the continental shelf regions of the United States, 1
center shall concentrate primarily on research in deep seabed and near-
shore environments of islands, and 1 center shall concentrate primarily
on research in arctic and cold water regions.
``(c) Criteria.--In designating a center under this section, the
Secretary shall give priority to a university that--
``(1) administers a federally funded center for marine minerals
research;
``(2) matriculates students for advanced degrees in marine
geological sciences, nonenergy natural resources, and related
fields of science and engineering;
``(3) is a United States university with established programs
and facilities that primarily focus on marine mineral resources;
``(4) has engaged in collaboration and cooperation with
industry, governmental agencies, and other universities in the
field of marine mineral resources;
``(5) has demonstrated significant engineering, development,
and design experience in two or more of the following areas;
``(A) seabed exploration systems;
``(B) marine mining systems; and
``(C) marine mineral processing systems; and
``(6) has been designated by the Secretary as a State Mining
and Mineral Resources Research Institute.
``(d) Center Activities.--A center shall--
``(1) provide technical assistance to the Secretary concerning
marine mineral resources;
``(2) advise the Secretary on pertinent international
activities in marine mineral resources development;
``(3) engage in research, training, and education transfer
associated with the characterization and utilization of marine
mineral resources; and
``(4) promote the efficient identification, assessment,
exploration, and management of marine mineral resources in an
environmentally sound manner.
``(e) Allocation of Funds.--In distributing funds to the centers
designated under subsection (a), the Secretary shall, to the extent
practicable, allocate an equal amount to each center.
``(f) Limitations.--
``(1) Administrative expenses.--Not more than 5 percent of the
amount made available to carry out this section during a fiscal
year may be used by the Secretary for expenses associated with
administration of the program authorized by this section.
``(2) Construction costs.--None of the funds made available
under this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or alteration
of an existing building (including site grading and improvement and
architect fees).
``SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated such sums as are necessary
to carry out this title.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Marine Mineral Resources Research Act of 1996 - Amends the Mining and Minerals Policy Act of 1970 to direct the Secretary of the Interior to: (1) establish and implement a marine mineral resources research program; (2) award grants and contracts and enter into cooperative agreements for the attendant research and development undertaken by industry, government, and academic sectors; and (3) establish terms and conditions under which Federal funding will be provided consistent with the Agreement on Subsidies and Countervailing Measures referred to in the Uruguay Round Agreement Act. Prescribes guidelines for competitive review of such Federal grants, contracts, and cooperative agreements.
Directs the Secretary to designate three marine mineral research centers, one in the continental shelf regions of the United States, the second in deep seabed and near-shore environments of islands, and the third in arctic and cold water regions.
Restricts administrative expenses to not more than five percent during a fiscal year.
Authorizes appropriations. | {"src": "billsum_train", "title": "Marine Mineral Resources Research Act of 1996"} | 2,855 | 199 | 0.545341 | 1.513001 | 0.901747 | 3.885246 | 14.879781 | 0.89071 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitive Communities
Demonstration Act of 1994''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Traditionally, the Economic Development Administration
has primarily helped communities develop the necessary public
infrastructure to enable such communities to foster private
sector investment and in many communities public infrastructure
remains a critical enabler to economic development.
(2) However, in many distressed communities the primary
economic development challenge is not a lack of public
infrastructure but rather a lack of supporting high growth,
globally competitive private sector activities as a generator
of quality jobs.
(3) Therefore, building upon its existing network of
programs, the Economic Development Administration should
institute a Competitive Communities Demonstration Program to
assist distressed communities develop the necessary economic
base to compete in the global marketplace.
(b) Purposes.--The purposes of this Act include the following:
(1) To enable the Economic Development Administration to
become a more active partner in bringing community leadership
together with competitive growth businesses to build a new
competitive economic base in communities outside the mainstream
of economic growth.
(2) To raise the economic aspirations of such communities
beyond the retention of the existing economic base to building
a new competitive economic base for the future.
SEC. 3. COMPETITIVE COMMUNITIES DEMONSTRATION PROGRAM.
Title IX of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3241-3245) is amended--
(1) by redesignating section 905 as section 908; and
(2) by inserting after section 904 the following:
``SEC. 905. COMPETITIVE COMMUNITIES DEMONSTRATION PROGRAM.
``(a) Establishment.--The Secretary shall establish and carry out a
Competitive Communities Demonstration Program (hereinafter in this
section referred to as the `program') under which the Secretary may
make grants to eligible intermediaries in accordance with the
requirements of this section.
``(b) Eligible Intermediary Defined.--In this section, the term
`eligible intermediary' means an economic development district
established under title IV of this Act, an Indian tribe, a State, a
city or other political subdivision of a State, a nonprofit
organization, or a consortium of any of such entities which demonstrate
the financial expertise, ability, and legal authority to make
investments under the program, as well as the ability to develop and
implement a community investment strategy.
``(c) Use of Grants.--A grant made to an eligible intermediary
under the program shall be used by the eligible intermediary to provide
financial assistance to high growth businesses in a distressed
community. Such financial assistance may include loans, loan
guarantees, and payments to reduce interest on loan guarantees.
``(d) Grant Applications.--An eligible intermediary seeking a grant
under the program shall submit to the Secretary a grant application
which--
``(1) identifies proposed uses of the grant amounts;
``(2) demonstrates that receipt of the grant amounts would
be a determining factor in a business decision to proceed with
an investment in a high growth business in a distressed
community;
``(3) demonstrates that the proposed uses of the grant
amounts are part of a community investment strategy for
economic development;
``(4) contains assurances satisfactory to the Secretary
that the proceeds from the repayment of loans made by the
eligible intermediary under the program will be used for
purposes which are consistent with the purposes of the program;
and
``(5) is in such form and contains such additional
information as the Secretary may prescribe.
``(e) Panel of Experts.--
``(1) Establishment.--The Secretary shall establish a panel
of experts to review grant applications submitted to the
Secretary under the program. Such panel shall consist of 7
members as follows:
``(A) The Secretary (or the Secretary's designee).
``(B) The Assistant Secretary for Economic
Development.
``(C) 1 Regional Director of the Economic
Development Administration appointed by the Secretary.
``(D) 1 Economic Development Representative of the
Economic Development Administration appointed by the
Secretary.
``(E) 3 private citizens with economic development
and business expertise appointed by the Secretary.
``(2) Diversity of members.-- In making appointments under
paragraph (1), the Secretary shall seek to appoint members with
diverse ethnic, cultural, and geographic backgrounds.
``(f) Selection of Grant Recipients.--
``(1) In general.--Grant recipients under the program will
be selected by the Secretary on the basis of recommendations
made by the panel of experts established pursuant to subsection
(e) after a merit-based comparative evaluation of proposed
projects conducted as part of a national competition. The
national competition shall be held on a periodic basis.
``(2) Scoring system.--In order to make recommendations
pursuant to paragraph (1), the panel shall rank the proposed
projects by priority using a scoring system based on criteria
described in subsection (g).
``(3) Geographic balance.--The project scoring system used
pursuant to paragraph (2) shall be weighted to promote a
balance among the regions of the United States and a balance
among urban and rural areas; except that no specific formula
may be used to apportion the projects between urban and rural
areas.
``(g) Criteria To Be Used by Panel.--
``(1) Criteria.--In recommending grant recipients under the
program, the panel shall consider the following:
``(A) The role of the intermediary in the
community, including the extent to which the
intermediary has a clearly articulated role in the
economic development strategy of the community and the
extent to which such role is supported by both private
sector and public sector leaders in the community.
``(B) The capacity of the eligible intermediary to
participate in the program.
``(C) The business plans and prospects of the
businesses which would receive assistance from the
grant amounts.
``(D) The quantity and quality of jobs to be
created or retained by the projects.
``(E) The commitment of the businesses to remain in
the community.
``(F) The level of economic distress in the
community involved.
``(G) The leveraging of non-Federal funds committed
to the projects.
``(2) Special considerations.--In recommending grant
recipients under the program, the panel shall give special
consideration to the following applicants:
``(A) Applicants who operate existing revolving
loan funds.
``(B) Applicants who have applied for designation
as empowerment zones or enterprise communities under
subchapter U of chapter 1 of the Internal Revenue Code
of 1986 but have not received such designation because
of the limited number of communities that may receive
such designation.
``(C) Applicants who represent communities
adversely affected by the closure or realignment of a
military installation or by defense industry cutbacks.
``(h) Deadlines.--
``(1) Submission of applications.--The Secretary shall
publish in the Federal Register deadlines for the submission of
grant applications under the program.
``(2) Approval or disapproval of applications.--The
Secretary shall approve or disapprove each grant application
received by the Secretary under the program on or before the
60th day following the deadline for submission of such grant
application established pursuant to paragraph (1).
``(3) Use of grant amounts.--Any grant agreement entered
into by the Secretary and an eligible intermediary under the
program shall require that the eligible intermediary provide
assistance to businesses using the grant amounts on or before
the 90th day after the date of receipt of such grant amounts or
shall return any remaining portion of such grant amounts to the
Secretary for subsequent grant awards under the program.
``(i) Funding.--Of the amounts appropriated to carry out this title
for fiscal year 1995 $20,000,000 shall be available to carry out this
section.''.
SEC. 4. LOAN GUARANTEE DEMONSTRATION PROGRAM.
Title IX of such Act is further amended by inserting after section
905, as added by section 3 of this Act, the following:
``SEC. 906. LOAN GUARANTEE DEMONSTRATION PROGRAM.
``(a) Authority To Guarantee Loans.--To the extent the Secretary
considers appropriate to carry out the economic adjustment purposes of
this title, the Secretary is authorized to guarantee loans made to
private borrowers by private lending institutions, community
development financial institutions, and other lenders.
``(b) Eligible Activities.--Activities for which loans may be
guaranteed under this section include the development of land and
facilities (including machinery and equipment) for industrial or
commercial usage (such as the construction of new buildings, the
rehabilitation of abandoned or unoccupied buildings, and alterations,
conversion, or enlargement of existing buildings) and the provision of
working capital.
``(c) Terms and Conditions.--The Secretary may make loan guarantees
under this section upon application of the lenders and upon such terms
and conditions as the Secretary may prescribe; except that--
``(1) no such guarantee shall at any time exceed 90 percent
of the outstanding unpaid balance of such loans; and
``(2) no such guarantee shall be provided unless the lender
or the lender's designee is responsible and makes adequate
provision for servicing the loan on reasonable terms and for
protecting the financial interests of the United States.
``(d) Full Faith and Credit.--Loan guarantees provided under this
section shall have the full faith and credit of the United States.
``(e) Preferred Lenders.--To the extent feasible, the Secretary
shall conduct the guarantee program established under this section on a
preferred lenders basis and shall authorize lenders, in accordance with
agreements entered into between the Secretary and such lenders, to take
such actions on the Secretary's behalf as the Secretary considers
appropriate, including the determination of eligibility and credit
worthiness and loan monitoring, collections, and liquidation.
``(f) Funding.--Of the amounts appropriated to carry out this title
for fiscal year 1995 $10,000,000 shall be available to carry out this
section.''.
SEC. 5. REPORTING REQUIREMENT.
Title IX of such Act is further amended by inserting after section
906, as added by section 4 of this Act, the following:
``SEC. 907. REPORTING REQUIREMENT.
``As part of the annual report to be transmitted to Congress under
section 707 of this Act, the Secretary shall include an assessment of--
``(1) the competitiveness of the economic base of the
Nation's distressed areas;
``(2) the Nation's progress in encouraging investment in
competitive businesses located in distressed areas outside the
mainstream of economic growth;
``(3) the success of the Competitiveness Communities
Demonstration Program authorized by section 905, including the
number of grants provided under the program, the distribution
of such grants among geographic regions and among urban and
rural areas, the amount of non-Federal funds leveraged using
such grants, and the quantity and quality of jobs created; and
``(4) the success of the loan guarantee program authorized
by section 906, including the subsidy cost of loan guarantees
made under the program.''. | Competitive Communities Demonstration Act of 1994 - Amends the Public Works and Economic Development Act of 1965 (the Act) to direct the Secretary of Commerce to establish and carry out a Competitive Communities Demonstration Program under which the Secretary makes grants to eligible intermediaries to provide financial assistance to high growth businesses in distressed communities. Outlines grant application requirements and directs the Secretary to establish a panel of experts to review grant applications. Requires the panel to use specified criteria in its review and to give special consideration to applicants who: (1) operate existing revolving loan funds; (2) have applied for but failed to receive designation as empowerment zones or enterprise communities under the Internal Revenue Code; and (3) represent communities adversely affected by the closure or realignment of military installations or defense cutbacks. Provides funding from amounts appropriated under the Act. Authorizes the Secretary to guarantee loans made to private borrowers by private lending institutions, community development financial institutions, and other lenders as considered appropriate to carry out the economic adjustment purposes of the Act. Includes as eligible activities for such loans the development of land and facilities for industrial or commercial usage and the provision of working capital. Provides funding from amounts appropriated under the Act.
Directs the Secretary to include in an annual report required under the Act an assessment of the competitiveness of the economic base of the Nation's distressed areas, the progress made in encouraging investment in such areas, and the success of the demonstration and guaranteed loan programs established under this Act. | {"src": "billsum_train", "title": "Competitive Communities Demonstration Act of 1994"} | 2,435 | 314 | 0.595608 | 1.946759 | 0.795776 | 3.396552 | 7.986207 | 0.913793 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2007''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Alien smuggling by land, air and sea is a transnational
crime that violates the integrity of United States borders,
compromises our Nation's sovereignty, places the country at
risk of terrorist activity, and contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect our borders and ensure the security of our
Nation. The border security and anti-smuggling efforts of the
men and women on the Nation's front line of defense are to be
commended. Special recognition is due the Department of
Homeland Security through the United States Border Patrol,
United States Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement, and the Department of
Justice through the Federal Bureau of Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. Only
through effective alien smuggling statutes can the Justice
Department, through the United States Attorneys' Offices and
the Domestic Security Section of the Criminal Division,
prosecute these cases successfully.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 3. CHECKS AGAINST TERRORIST WATCHLIST.
The Department of Homeland Security shall, to the extent
practicable, check against all available terrorist watchlists those
alien smugglers and smuggled individuals who are interdicted at the
land, air, and sea borders of the United States.
SEC. 4. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Smuggling of Unlawful and Terrorist Aliens.--'';
(2) by redesignating clause (iv) of paragraph (1)(B) as
clause (vii);
(3) in paragraph (1), by striking ``(1)(A)'' and all that
follows through clause (iii) of subparagraph (B) and inserting
the following:
``(1)(A) Whoever, knowing or in reckless disregard of the fact that
an individual is an alien who lacks lawful authority to come to, enter,
or reside in the United States, knowingly--
``(i) brings that individual to the United States in any
manner whatsover regardless of any future official action which
may be taken with respect to such alien;
``(ii) recruits, encourages, or induces that individual to
come to, enter, or reside in the United States;
``(iii) transports or moves that individual in the United
States, in furtherance of their unlawful presence; or
``(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any
building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in
subparagraph (C).
``(B) Whoever, knowing that an individual is an alien, brings that
individual to the United States in any manner whatsoever at a place
other than a designated port of entry or place other than as designated
by the Secretary of Homeland Security, regardless of whether such alien
has received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action which
may be taken with respect to such alien, or attempts or conspires to do
so, shall be punished as provided in subparagraph (C).
``(C) A violator of this paragraph shall, for each alien in respect
to whom such a violation occurs--
``(i) unless the offense is otherwise described in another
clause of this subparagraph, be fined under title 18, United
States Code or imprisoned not more than 5 years, or both;
``(ii) if the offense involved the transit of the
defendant's spouse, child, sibling, parent, grandparent, or
niece or nephew, and the offense is not described in any of
clauses (iii) through (vii), be fined under title 18, United
States Code or imprisoned not more than 1 year, or both;
``(iii) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was
committed for the purpose of profit, commercial advantage, or
private financial gain, be fined under title 18, United States
Code or imprisoned not more than 10 years, or both;
``(iv) if the offense is a violation of paragraph (1)(A)(i)
and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was
committed with the intent or reason to believe that the
individual unlawfully brought into the United States will
commit an offense against the United States or any State that
is punishable by imprisonment for more than 1 year, be fined
under title 18, United States Code, and imprisoned, in the case
of a first or second violation, not less than 3 nor more than
10 years, and for any other violation, not less than 5 nor more
than 15 years; and
``(v) if the offense results in serious bodily injury (as
defined in section 1365 of title 18, United States Code) or
places in jeopardy the life of any person, be fined under title
18, United States Code or imprisoned not more than 20 years, or
both;
``(vi) if the offense involved an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section 212(a)(3)(B)), be
fined under title 18, United States Code or imprisoned not more
than 30 years, or both; and'';
(4) in the clause (vii) so redesignated by paragraph (2) of
this subsection (which now becomes clause (vii) of the new
subparagraph (C))--
(A) by striking ``in the case'' and all that
follows through ``(v) resulting'' and inserting ``if
the offense results''; and
(B) by inserting ``and if the offense involves
kidnaping, an attempt to kidnap, the conduct required
for aggravated sexual abuse (as defined in section 2241
without regard to where it takes place), or an attempt
to commit such abuse, or an attempt to kill, be fined
under such title or imprisoned for any term of years or
life, or both'' after ``or both''; and
(5) by striking existing subparagraph (C) of paragraph (1)
(without affecting the new subparagraph (C) added by the
amendments made by this Act) and all that follows through
paragraph (2) and inserting the following:
``(2)(A) There is extraterritorial jurisdiction over the offenses
described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
``(i) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the
vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien into the land
territory of the United States without lawful authority, unless
exigent circumstances existed that placed the life of that
alien in danger, in which case the reporting requirement set
forth in clause (i) of this subparagraph is satisfied by
notifying the Coast Guard as soon as practicable after
delivering the alien to emergency medical or law enforcement
personnel ashore.
``(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of subsection (a)(1)(A) for
a religious denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or officer of such
denomination or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to perform the
vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not compensated
as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination for at
least one year.
``(D) For purposes of this paragraph and paragraph (1)--
``(i) the term `United States' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
``(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed under those laws and does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority that has been sought but not approved.''.
SEC. 5. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Subsection (b) of section 2237 of title 18, United
States Code, is amended to read as follows:
``(b)(1) Whoever intentionally violates this section shall, unless
the offense is described in paragraph (2), be fined under this title or
imprisoned for not more than 5 years, or both.
``(2) If the offense--
``(A) is committed in the course of a violation of section
274 of the Immigration and Nationality Act (alien smuggling);
chapter 77 (peonage, slavery, and trafficking in persons),
section 111 (shipping), 111A (interference with vessels), 113
(stolen property), or 117 (transportation for illegal sexual
activity) of this title; chapter 705 (maritime drug law
enforcement) of title 46, or title II of the Act of June 15,
1917 (Chapter 30; 40 Stat. 220), the offender shall be fined
under this title or imprisoned for not more than 10 years, or
both;
``(B) results in serious bodily injury (as defined in
section 1365 of this title) or transportation under inhumane
conditions, the offender shall be fined under this title,
imprisoned not more than 15 years, or both; or
``(C) results in death or involves kidnaping, an attempt to
kidnap, the conduct required for aggravated sexual abuse (as
defined in section 2241 without regard to where it takes
place), or an attempt to commit such abuse, or an attempt to
kill, be fined under such title or imprisoned for any term of
years or life, or both.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of title 18,
United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no defense
based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore, delivered
the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
``(B) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity resulting giving rise to the
defense; and
``(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as that term
is defined in section 101(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(3)), into the land territory
of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in
danger, in which case the reporting requirement of subparagraph
(B) is satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency medical
or law enforcement personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `transportation under inhumane conditions'
means the transportation of persons in an engine compartment,
storage compartment, or other confined space, transportation at
an excessive speed, transportation of a number of persons in
excess of the rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are being
transported.''.
SEC. 6. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994 of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall review and, if appropriate,
amend the sentencing guidelines and policy statements applicable to
persons convicted of alien smuggling offenses and criminal failure to
heave to or obstruction of boarding.
(b) Considerations.--In carrying out this subsection, the
Sentencing Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in paragraph (1) of this subsection that--
(A) involve a pattern of continued and flagrant
violations;
(B) are part of an ongoing commercial organization
or enterprise;
(C) involve aliens who were transported in groups
of 10 or more;
(D) involve the transportation or abandonment of
aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity;
and
(2) consider cross-references to the guidelines for
Criminal Sexual Abuse and Attempted Murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this subsection in accordance with the
procedures set forth in
section 21(a) of the Sentencing Act of 1987, as though the authority
under that Act had not expired.
Passed the House of Representatives May 22, 2007.
Attest:
LORRAINE C. MILLER,
Clerk. | Alien Smuggling and Terrorism Prevention Act of 2007 - (Sec. 3) Directs the Department of Homeland Security (DHS) to check against all available terrorist watchlists those alien smugglers and smuggled individuals who are interdicted at U.S. land, air, and sea borders.
(Sec. 4) Amends the Immigration and Nationality Act to specify the following criminal penalties for individuals convicted of smuggling unlawful aliens into the United States (applicable to each alien for whom the offense applies): (1) fine and/or up to five years incarceration for smuggling; (2) fine and/or up to one year incarceration for transit of the defendant's spouse, child, sibling, parent, grandparent, or niece or nephew; (3) fine and/or up to 10 years incarceration for recruiting to enter, or harboring or transporting in the United States for profit, commercial advantage, or private financial gain; (4) fine and/or incarceration for 3 to 10 years for a first or second offense of knowingly bringing an illegal alien into the United States for profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual will commit a federal or state offense punishable by more than one year's incarceration, and 5 to 15 years incarceration for any subsequent violation; (5) fine and/or up to 20 years incarceration if the offense results in serious bodily injury or jeopardizes a person's life; (6) fine and/or up to 30 years incarceration if the defendant knew the individual was a terrorist or intended to engage in terrorist activity; and (7) fine and/or incarceration for any term of years/or life if the offense involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse, or an attempt to kill.
Provides extraterritorial jurisdiction over such offenses.
Limits a defense of necessity for knowingly bringing an illegal alien into the United States from the high seas.
Exempts from certain of such violations (transporting or harboring in the United States) a bona fide nonprofit, religious organization in the United States (or its agents or officers) that encourages, invites, or enables an alien who is present in the United States to serve as a volunteer minister or missionary for such organization in the United States, provided the minister or missionary has been a member of the denomination for at least one year.
(Sec. 5) Amends federal criminal law to specify the following maritime penalties (in addition to the current fine/five-year incarceration): (1) fine and/or up to 10 years incarceration for offenses committed in the course of smuggling, trafficking, shipping, stolen property, drug, and other offenses; (2) fine and/or up to 15 years incarceration for offenses resulting in serious bodily injury or transportation under inhumane conditions; or (3) fine and/or incarceration for any term of years/or life if the offense results in death or involves kidnaping or attempt to kidnap, the conduct required for aggravated sexual abuse or an attempt to commit such abuse, or an attempt to kill.
Limits a defense of necessity with respect to such maritime enforcement.
Defines "transportation under inhumane conditions" as the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.
(Sec. 6) Directs the United States Sentencing Commission to review and amend as appropriate sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding. | {"src": "billsum_train", "title": "To amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes."} | 3,547 | 896 | 0.566837 | 1.91611 | 0.511994 | 4.213371 | 4.608819 | 0.88478 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dog and Cat Protection Act of
1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) An estimated 2,000,000 dogs and cats are slaughtered
and sold annually as part of the international fur trade.
Internationally, dog and cat fur is used in a wide variety of
products, including fur coats and jackets, fur-trimmed
garments, hats, gloves, decorative accessories, stuffed
animals, and other toys.
(2) As demonstrated by forensic tests, dog and cat fur
products are being imported into the United States, in some
cases with deceptive labeling to conceal the use of dog or cat
fur.
(3) Dog and cat fur, when dyed, is not easily
distinguishable to persons who are not experts from other furs
such as fox, rabbit, coyote, wolf, and mink. Dog and cat fur is
generally less expensive than other types of fur and may be
used as a substitute for more expensive types of furs.
(4) Foreign fur producers use dogs and cats bred for their
fur, and also use strays and stolen pets.
(5) The methods of housing, transporting, and slaughtering
dogs and cats for fur production are generally unregulated and
inhumane.
(b) Purposes.--The purposes of this Act are--
(1) to prohibit the sale, manufacture, offer for sale,
transportation, and distribution in the United States of dog
and cat fur products;
(2) to require accurate labeling of fur species so that
consumers in the United States can make informed choices; and
(3) to prohibit the trade in, both imports and exports of,
dog and cat fur products, to ensure that the United States
market does not encourage the slaughter of dogs or cats for
their fur, and to ensure that the purposes of this Act are not
undermined.
SEC. 3. DEFINITIONS.
In this Act:
(1) Dog fur.--The term ``dog fur'' means the pelt or skin
of any animal of the species canis familiaris.
(2) Cat fur.--The term ``cat fur'' means the pelt or skin
of any animal of the species felis catus.
(3) United states.--The term ``United States'' means the
customs territory of the United States, as defined in general
note 2 of the Harmonized Tariff Schedule of the United States.
(4) Commerce.--The term ``commerce'' means transportation
for sale, trade, or use between any State, territory, or
possession of the United States, or the District of Columbia,
and any place outside thereof.
(5) Dog or cat fur product.--The term ``dog or cat fur
product'' means any item of merchandise which consists, or is
composed in whole or in part, of any dog fur, cat fur, or both.
(6) Person.--The term ``person'' includes any individual,
partnership, corporation, association, organization, business
trust, government entity, or other entity.
(7) Interested party.--The term ``interested party'' means
any person having a contractual, financial, humane, or other
interest.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(9) Duly authorized officer.--The term ``duly authorized
officer'' means any United States Customs officer, any agent of
the Federal Bureau of Investigation, or any agent or other
person authorized by law or designated by the Secretary to
enforce the provisions of this Act.
SEC. 4. PROHIBITIONS.
(a) Prohibition on Manufacture, Sale, and Other Activities.--No
person in the United States or subject to the jurisdiction of the
United States may introduce into commerce, manufacture for introduction
into commerce, sell, trade, or advertise in commerce, offer to sell, or
transport or distribute in commerce, any dog or cat fur product.
(b) Imports and Exports.--No dog or cat fur product may be imported
into, or exported from, the United States.
SEC. 5. LABELING.
Section 2(d) of the Fur Products Labeling Act (15 U.S.C. 69(d)) is
amended by striking ``; except that such term shall not include such
articles as the Commission shall exempt by reason of the relatively
small quantity or value of the fur or used fur contained therein''.
SEC. 6. ENFORCEMENT.
(a) In General.--The Secretary, either independently or in
cooperation with the States, political subdivisions thereof, and
interested parties, is authorized to carry out operations and measures
to eradicate and prevent the activities prohibited by section 4.
(b) Inspections.--A duly authorized officer may, upon his own
initiative or upon the request of any interested party, detain for
inspection and inspect any product, package, crate, or other container,
including its contents, and all accompanying documents to determine
compliance with this Act.
(c) Seizures and Arrests.--If a duly authorized officer has
reasonable cause to believe that there has been a violation of this Act
or any regulation issued under this Act, such officer may search and
seize, with or without a warrant, the item suspected of being the
subject of the violation, and may arrest the owner of the item. An item
so seized shall be held by any person authorized by the Secretary
pending disposition of civil or criminal proceedings.
(d) Burden of Proof.--The burden of proof shall lie with the owner
to establish that the item seized is not a dog or cat fur product
subject to forfeiture and civil penalty under section 7.
(e) Action by U.S. Attorney.--Upon presentation by a duly
authorized officer or any interested party of credible evidence that a
violation of this Act or any regulation issued under this Act has
occurred, the United States Attorney with jurisdiction over the
suspected violation shall investigate the matter and shall take
appropriate action under this Act.
(f) Citizen Suits.--Any person may commence a civil suit to compel
the Secretary to implement and enforce this Act, or to enjoin any
person from taking action in violation of any provision of this Act or
any regulation issued under this Act.
(g) Reward.--The Secretary may pay a reward to any person who
furnishes information which leads to an arrest, criminal conviction,
civil penalty assessment, or forfeiture of property for any violation
of this Act or any regulation issued under this Act.
(h) Regulations.--
(1) In general.--The Secretary shall issue final
regulations, after notice and opportunity for public comment,
to implement this Act within 180 days after the date of
enactment of this Act.
(2) Fees.--The Secretary may charge reasonable fees for
expenses to the Government connected with permits or
certificates authorized by this Act, including expenses for--
(A) processing applications;
(B) reasonable inspections; and
(C) the transfer, handling, or storage of
evidentiary items seized and forfeited under this Act.
All fees collected pursuant to this paragraph shall be
deposited in the Treasury in an account specifically designated
for enforcement of this Act and available only for that
purpose.
SEC. 7. PENALTIES.
(a) Civil Penalty.--Any person who violates any provision of this
Act or any regulation issued under this Act may be assessed a civil
penalty of not more than $25,000 for each violation.
(b) Criminal Penalty.--Any person who knowingly violates any
provision of this Act or any regulation issued under this Act shall,
upon conviction for each violation, be imprisoned for not more than 1
year, fined in accordance with title 18, United States Code, or both.
(c) Forfeiture.--Any dog or cat fur product that is the subject of
a violation of this Act or any regulation issued under this Act shall
be subject to seizure and forfeiture to the same extent as any
merchandise imported in violation of the customs laws.
(d) Injunction.--Any person who violates any provision of this Act
or any regulation issued under this Act may be enjoined from further
sales of any fur products.
(e) Applicability.--The penalties in this section apply to
violations occurring on or after the date of enactment of this Act. | Dog and Cat Protection Act of 1999 - Prohibits: (1) the importation of dog or cat fur into the United States; and (2) any person in the United States from introducing into commerce, manufacturing, selling or offering to sell, trading, advertising, or transporting or distributing in commerce, any dog or cat fur product. Subjects a person to both civil and criminal penalties for violations of this Act. | {"src": "billsum_train", "title": "Dog and Cat Protection Act of 1999"} | 1,835 | 88 | 0.585778 | 1.490893 | 0.565523 | 3.320988 | 20.679012 | 0.876543 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``World War II War Crimes
Accountability Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Surviving Nazi war criminals are becoming increasingly
rare.
(2) The identities of many of the remaining criminals were
made known only after the end of the Cold War and the collapse
of Communist governments throughout eastern Europe.
(3) In most of these formerly communist countries, the
volume of available information is enormous, and the available
resources to study it and identify war crimes suspects is
comparatively small.
(4) In the United States, the Office of Special
Investigations (OSI) of the Department of Justice is
responsible for detecting, investigating and taking legal
action to denaturalize or deport persons who took part in Nazi-
sponsored acts of persecution committed abroad between 1933 and
1945.
(5) As of April 2008, OSI had successfully prosecuted more
than 100 people involved in Nazi war crimes who were residing
in the United States.
(6) As a government office with limited resources, OSI is
under enormous strain to identify and prosecute those criminals
identified by newly-released records before it is too late.
(7) Some foreign governments hinder the efforts of OSI,
Congress, and the United States Government to extradite or
deport convicted Nazi war criminals from the United States to
their country of origin or other relevant jurisdiction.
(8) Certain nongovernmental organizations have been
instrumental in the search for wanted Nazi war crimes suspects
for over 60 years.
(9) In 2002, the Simon Wiesenthal Center launched
Operation: Last Chance to maximize the identification and help
facilitate the prosecution of the remaining unprosecuted Nazi
war criminals, helping to achieve justice for the victims of
the Holocaust.
(10) Simon Wiesenthal, a survivor of the Nazi death camps
whose work stands as a reminder and a warning for future
generations, dedicated his life to--
(A) documenting the crimes of the Holocaust; and
(B) hunting down the perpetrators still at large.
(11) As founder and head of the Jewish Documentation Center
in Vienna, Simon Wiesenthal successfully brought to justice
wanted Nazi war criminals, including--
(A) Franz Stangl, the commandant of the Treblinka
death camp;
(B) Franz Murer, ``The Butcher of Wilno''; and
(C) Erich Rajakowitsch, who was in charge of the
``death transports'' in Holland.
(12) Mr. Wiesenthal's work, which contributed enormously to
the modern understanding of justice, war crimes, and crimes
against humanity, should be continued.
(13) Of the most guilty Nazis and Nazi collaborators still
at large, Operation: Last Chance has identified the following
suspects:
(A) Dr. Aribert Heim, who served as a medical
doctor at the Sachsenhausen, Buchenwald, and Mauthausen
concentration camps, is the most wanted ex-Nazi still
at large. His most terrible crimes were committed at
Mauthausen, where he murdered hundreds of inmates by
administering lethal injections of phenol to their
hearts or by other torturous killing methods during the
fall of 1941. His whereabouts are unknown.
(B) Dr. Sandor Kepiro, who served as an officer in
the Hungarian gendarmerie, was 1 of several Hungarian
officers convicted in 1944 for the mass murder of
several thousand civilians (mostly Jews) in the city of
Novi Sad on January 23, 1942. In the wake of the
occupation of Hungary in March 1944, he was pardoned,
promoted, and returned to active service. He escaped to
Austria in 1945, fled to Argentina in 1948, and
returned to Hungary in 1996.
(C) Milivoj Asner, who served as the police chief
of the city of Slavonska Pozega. During 1941 and 1942,
Mr. Asner orchestrated the robbery, persecution and
destruction of the local Serb, Jewish and Gypsy
communities, which culminated in the deportation of
hundreds of civilians to Ustasha concentration camps,
where most of the deportees were murdered. After his
exposure in Operation: Last Chance, the former police
chief later escaped once again to Klagenfurt, Austria
where he currently resides.
(D) Charles Zentai is accused of murdering 18-year-
old Peter Balazs, a Jewish boy he caught riding a
Budapest tram without the requisite yellow star on
November 8, 1944. After Hungarian requests for his
extradition went unanswered, Zentai was able to
immigrate to Australia in February 1950, where he
currently lives.
SEC. 3. SENSE OF THE SENATE.
It is the sense of the Senate that--
(1) the United States should actively encourage extradition
and prosecution of the remaining Nazi war criminals (as
described by 8 U.S.C. 1182 (a)(3)(e));
(2) the Simon Wiesenthal Center should be commended for its
historic work in bringing to light the atrocities of the
Holocaust and in advancing justice for Nazi war criminals
through Operation: Last Chance; and
(3) the Office of Special Investigation of the Department
of Justice is advancing the declared foreign policy of the
United States by bringing wanted World War II criminals to
justice and should be commended for its actions.
SEC. 4. DESIGNATION OF VISA WAIVER PROGRAM COUNTRIES.
(a) Cooperation.--After a country is initially designated as a visa
waiver program country under section 217(c) of the Immigration and
Nationality Act (8 U.S.C. 1187(c)), the Attorney General, in evaluating
the effect that such designation would have on the law enforcement and
security interests of the United States under paragraph (2)(C) of such
section, shall consider the extent to which such country is cooperating
in--
(1) extraditing or prosecuting wanted or indicted Nazi war
criminals to the relevant jurisdiction; and
(2) admitting into their territory aliens described in
section 212(a)(3)(E)(i) and ordered removed from the United
States by a United States immigration judge, the Board of
Immigration Appeals, or a Federal court.
(b) Presidential Discretion.--
(1) In general.--If the President determines that it would
not be in the national interest of the United States to
terminate a country's designation as a visa waiver program
country based on the evaluation under subsection (a), the
President may decline to terminate such designation after
providing advance written notification to--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on the Judiciary of the House of
Representatives.
(2) Contents.--In providing notification under paragraph
(1), the President shall--
(A) identify each crime suspect described in
subsection (a)(2) whose admission has not been
effected; and
(B) submit copies of all decisions rendered by
United States immigration judges, the Board of
Immigration Appeals, and Federal courts that relate to
such crime suspects.
SEC. 5. ANNUAL REPORT.
In each of the fiscal years 2009 through 2013, the President shall
submit an annual report to the committees listed in section 4(b)(1),
which describes, for each country that has a pending application for
entry into or renewal of the visa waiver program, whether such country
is--
(1) cooperating satisfactorily in extraditing or deporting
wanted Nazi war crimes suspects to the jurisdiction in which
they have been indicted or convicted;
(2) prosecuting wanted Nazi war crimes suspects effectively
within such country's jurisdiction; and
(3) cooperating satisfactorily in admitting to the
territory of such country aliens described in section
212(a)(3)(E)(i) and ordered removed from the United States
territory by a United States immigration judge, the Board of
Immigration Appeals, or a Federal court. | World War II War Crimes Accountability Act of 2008 - Expresses the sense of the Senate that: (1) the United States should encourage extradition and prosecution of the remaining Nazi war criminals; (2) the Simon Wiesenthal Center should be commended for its historic work in bringing to light the atrocities of the Holocaust and in advancing justice for Nazi war criminals through Operation: Last Chance; and (3) the Office of Special Investigation of the Department of Justice is advancing U.S. foreign policy by bringing wanted World War II criminals to justice and should be commended for its actions.
Directs the Attorney General, in evaluating the effect on U.S. law enforcement and security interests for purposes of a country's eligibility for visa waiver program designation, to consider the extent to which such country is: (1) cooperating in extraditing or prosecuting Nazi war criminals; and (2) admitting into its territory aliens ordered removed from the United States because of participation in Nazi persecution, genocide, torture, or extrajudicial killing.
Authorizes the President, after congressional notification, to not terminate a country's designation based upon such evaluation if in the national interest. | {"src": "billsum_train", "title": "A bill to hold the surviving Nazi war criminals accountable for the war crimes, genocide, and crimes against humanity they committed during World War II, by encouraging foreign governments to more efficiently prosecute and extradite wanted criminals."} | 1,768 | 253 | 0.526264 | 1.800293 | 0.816584 | 5.465438 | 7.35023 | 0.930876 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Multiple Peril Insurance Act of
2009''.
SEC. 2. COVERAGE FOR WINDSTORMS.
Section 1304 of the National Flood Insurance Act of 1968 (42 U.S.C.
4011) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Multiperil Coverage for Damage From Flood or Windstorm and
Separate Coverage for Windstorm.--
``(1) In general.--The national flood insurance program
established pursuant to subsection (a) shall enable the
purchase of the following coverages:
``(A) Multiperil coverage.--Optional insurance
against loss resulting from physical damage to or loss
of real property or personal property related thereto
located in the United States arising from any flood or
windstorm, subject to the limitations in this
subsection and section 1306(b); and
``(B) Separate windstorm coverage.--Optional
insurance against loss resulting from physical damage
to or loss of real property or personal property
related thereto located in the United States arising
from any windstorm, subject to the limitations in this
subsection and section 1306(b).
``(2) Community participation requirement.--Multiperil
coverage pursuant to paragraph (1)(A) and windstorm coverage
pursuant to paragraph (1)(B) may not be provided in any area
(or subdivision thereof) unless an appropriate public body
shall have adopted adequate mitigation measures (with effective
enforcement provisions) which the Director finds are consistent
with the criteria for construction described in the
International Code Council building codes relating to wind
mitigation.
``(3) Relationship to flood insurance coverage.--
``(A) Prohibition against duplicative coverage.--
Multiperil coverage pursuant to paragraph (1)(A) may
not be provided with respect to any structure (or the
personal property related thereto) for any period
during which such structure is covered, at any time, by
flood insurance coverage made available under this
title.
``(B) Requirement to maintain flood insurance
coverage.--Windstorm coverage pursuant to paragraph
(1)(B) may be provided only with respect to a structure
(and the personal property related thereto) that is
covered by flood insurance coverage made available
under this title and only during the period that such
structure (and personal property) are so covered.
``(4) Nature of coverage.--
``(A) Multiperil coverage.--Multiperil coverage
pursuant to paragraph (1)(A) shall--
``(i) cover losses only from physical
damage resulting from flooding or windstorm;
and
``(ii) provide for approval and payment of
claims under such coverage upon proof that such
loss must have resulted from either windstorm
or flooding, but shall not require for approval
and payment of a claim that the specific cause
of the loss, whether windstorm or flooding, be
distinguished or identified.
``(B) Separate windstorm coverage.--Windstorm
coverage pursuant to paragraph (1)(B) shall--
``(i) cover losses only from physical
damage resulting from windstorm; and
``(ii) provide for approval and payment of
claims under such coverage or under the flood
insurance coverage required to be maintained
under paragraph (3)(B) upon a determination
that such loss from windstorm or flooding,
respectively, but shall not require for
approval and payment of a claim that the
insured distinguish or identify the specific
cause of the loss, whether windstorm or
flooding.
``(5) Actuarial rates.--Multiperil coverage pursuant to
paragraph (1)(A) and windstorm coverage pursuant to paragraph
(1)(B) shall be made available for purchase for a property only
at chargeable risk premium rates that, based on consideration
of the risks involved and accepted actuarial principles, and
including operating costs and allowance and administrative
expenses, are required in order to make such coverage available
on an actuarial basis for the type and class of properties
covered.
``(6) Terms of coverage.--The Director shall, after
consultation with persons and entities referred to in section
1306(a), provide by regulation for the general terms and
conditions of insurability applicable to properties eligible
for multiperil coverage pursuant to paragraph (1)(A) and such
terms and conditions applicable to properties eligible for
windstorm coverage pursuant to paragraph (1)(B), subject to the
provisions of this subsection, including--
``(A) the types, classes, and locations of any such
properties which shall be eligible for such coverages,
which shall include residential and nonresidential
properties;
``(B) subject to paragraph (7), the nature and
limits of loss or damage in any areas (or subdivisions
thereof) which may be covered by such coverages;
``(C) the classification, limitation, and rejection
of any risks which may be advisable;
``(D) appropriate minimum premiums;
``(E) appropriate loss deductibles; and
``(F) any other terms and conditions relating to
insurance coverage or exclusion that may be necessary
to carry out this subsection.
``(7) Limitations on amount of coverage.--
``(A) Multiperil coverage.--The regulations issued
pursuant to paragraph (6) shall provide that the
aggregate liability under multiperil coverage made
available under this subsection shall not exceed the
lesser of the replacement cost for covered losses or
the following amounts, as applicable:
``(i) Residential structures.--In the case
of residential properties, which shall include
structures containing multiple dwelling units
that are made available for occupancy by rental
(notwithstanding any treatment or
classification of such properties for purposes
of section 1306(b))--
``(I) for any single-family
dwelling, $500,000;
``(II) for any structure containing
more than one dwelling unit, $500,000
for each separate dwelling unit in the
structure, which limit, in the case of
such a structure containing multiple
dwelling units that are made available
for occupancy by rental, shall be
applied so as to enable any insured or
applicant for insurance to receive
coverage for the structure up to a
total amount that is equal to the
product of the total number of such
rental dwelling units in such property
and the maximum coverage limit per
dwelling unit specified in this clause;
and
``(III) $150,000 per dwelling unit
for--
``(aa) any contents related
to such unit; and
``(bb) any necessary
increases in living expenses
incurred by the insured when
losses from flooding or
windstorm make the residence
unfit to live in.
``(ii) Nonresidential properties.--In the
case of nonresidential properties (including
church properties)--
``(I) $1,000,000 for any single
structure; and
``(II) $750,000 for--
``(aa) any contents related
to such structure; and
``(bb) in the case of any
nonresidential property that is
a business property, any losses
resulting from any partial or
total interruption of the
insured's business caused by
damage to, or loss of, such
property from flooding or
windstorm, except that for
purposes of such coverage,
losses shall be determined
based on the profits the
covered business would have
earned, based on previous
financial records, had the
flood or windstorm not
occurred.
``(B) Separate windstorm coverage.--The regulations
issued pursuant to paragraph (6) shall provide that
windstorm coverage pursuant to paragraph (1)(B) for a
property shall not exceed the amount such that the
aggregate liability under flood insurance coverage
required to be maintained under paragraph (3)(B) for
the property and such windstorm coverage for the
property does not exceed the applicable coverage limit
for the property set forth in subparagraph (A) of this
paragraph.
``(8) Effective date.--This subsection shall take effect
on, and shall apply beginning on, the expiration of the 6-month
period that begins on the date of the enactment of the Multiple
Peril Insurance Act of 2009.''.
SEC. 3. PROHIBITION AGAINST DUPLICATIVE COVERAGE.
The National Flood Insurance Act of 1968 is amended by inserting
after section 1313 (42 U.S.C. 4020) the following new section:
``prohibition against duplicative coverage
``Sec. 1314. Flood insurance under this title may not be provided
with respect to any structure (or the personal property related
thereto) for any period during which such structure is covered, at any
time, by multiperil insurance coverage made available pursuant to
section 1304(c)(1)(A).''.
SEC. 4. COMPLIANCE WITH STATE AND LOCAL LAW.
Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C.
4023) is amended--
(1) by inserting ``(a) Flood Protection Measures.--''
before ``No new''; and
(2) by adding at the end the following new subsection:
``(b) Windstorm Protection Measures.--No new multiperil coverage
shall be provided under section 1304(c) for any property that the
Director finds has been declared by a duly constituted State or local
zoning authority, or other authorized public body to be in violation of
State or local laws, regulations, or ordinances, which are intended to
reduce damage caused by windstorms.''.
SEC. 5. CRITERIA FOR LAND MANAGEMENT AND USE.
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) Windstorms.--
``(1) Studies and investigations.--The Director shall carry
out studies and investigations under this section to determine
appropriate measures in wind events as to wind hazard
prevention, and may enter into contracts, agreements, and other
appropriate arrangements to carry out such activities. Such
studies and investigations shall include laws, regulations, and
ordinance relating to the orderly development and use of areas
subject to damage from windstorm risks, and zoning building
codes, building permits, and subdivision and other building
restrictions for such areas.
``(2) Coordination with state and local governments.--The
Director shall work closely with and provide any necessary
technical assistance to State, interstate, and local
governmental agencies, to encourage the application of measures
identified pursuant to paragraph (1) and the adoption and
enforcement of such measures.''.
SEC. 6. DEFINITIONS.
Section 1370 of the National Flood Insurance Act of 1968 (42 U.S.C.
4121) is amended--
(1) in paragraph (14), by striking ``and'' at the end;
(2) in paragraph (15) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(16) the term `windstorm' means any hurricane, tornado,
cyclone, typhoon, or other wind event.''. | Multiple Peril Insurance Act of 2009 - (Sec. 2) Amends the National Flood Insurance Act of 1968 to require the national flood insurance program to enable the purchase of multiperil coverage and optional separate windstorm coverage to protect against loss resulting from physical damage or loss of real or related personal property located in the United States.
Defines windstorm as any hurricane, tornado, cyclone, typhoon, or other wind event.
Restricts multiperil coverage to areas (or their subdivisions) where an appropriate public body has adopted adequate mitigation measures, including effective enforcement provisions, which the Director of the Federal Emergency Management Agency (FEMA) finds are consistent with the criteria for construction described in the International Code Council building codes relating to wind mitigation.
Prohibits provision of multiperil coverage to any structure (or related personal property ) covered, at any time, by flood insurance under the Act.
Requires maintenance of flood insurance coverage under this Act as a prerequisite to windstorm coverage of any structure (or related personal property). States that separate windstorm coverage only covers losses from physical damages from windstorm.
Prescribes the nature and terms of coverage and actuarial rates.
(Sec. 3) Prohibits duplicative coverage.
(Sec. 4) Prohibits new multiperil coverage for property declared by a governmental authority to be in violation of state or local laws, regulations, or ordinances intended to reduce windstorm damage.
(Sec. 5) Instructs the Director to: (1) carry out studies and investigations to determine measures for wind hazard prevention; and (2) provide technical assistance to state, interstate, and local governmental agencies to encourage adoption and enforcement of laws, regulations, and ordinances relating to the orderly development and use of areas subject to damage from windstorm risks, and zoning building codes, building permits, and subdivision and other building restrictions for such areas. | {"src": "billsum_train", "title": "To amend the National Flood Insurance Act of 1968 to provide for the national flood insurance program to make available multiperil coverage for damage resulting from windstorms or floods, and for other purposes."} | 2,392 | 418 | 0.723155 | 2.122839 | 0.895164 | 3.91831 | 6.290141 | 0.938028 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2003''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) Assistance Available.--Notwithstanding section 508(b)(7) of the
Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the Secretary of
Agriculture shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make emergency financial assistance
available to producers on a farm that have incurred qualifying crop
losses for the 2002 crop due to damaging weather or related condition,
as determined by the Secretary.
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 815 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (as enacted into law by
Public Law 106-387; 114 Stat. 1549A-55), including using the same loss
thresholds for the quantity and quality losses as were used in
administering that section.
SEC. 3. ASSISTANCE FOR LIVESTOCK PRODUCERS.
(a) Assistance Available.--The Secretary of Agriculture shall use
such sums as are necessary of funds of the Commodity Credit Corporation
to make and administer payments to livestock producers for losses in a
county that received a primary disaster designation by the Secretary in
calendar year 2001 or 2002.
(b) Administration.--The Secretary shall make assistance available
under this section using the criteria established to carry out the 2002
Livestock Compensation Program.
(c) Application.--During the 30-day period beginning on the date of
the enactment of this Act, livestock producers in a county described in
subsection (a) may submit an application for assistance under this
section or renew an application previously submitted under the 2002
Livestock Compensation Program.
(d) Choice of Payments.--
(1) Multiyear designation.--If a producer is on a farm
located in a county that received an emergency designation
described in subsection (a) in each of calendar years 2001 and
2002, the producer may receive payments under this section for
losses associated with the declaration in either calendar year
2001 or calendar year 2002, but not both.
(2) Prior payments.--A producer may not receive a payment
under this section and under the 2002 Livestock Compensation
Program.
SEC. 4. INELIGIBILITY FOR PAYMENTS.
(a) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(2) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(3) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(b) Ineligibility.--Except as provided in subsection (c), the
producers on a farm shall not be eligible for a payment under section 2
with respect to 2002 losses to an insurable commodity or noninsurable
commodity if the producers on the farm--
(1) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity for the
crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); and
(2) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333).
(c) Waivers.--The Secretary of Agriculture may waive the
application of subsection (b) to the producers on a farm if--
(1) in the case of an insurable commodity, the producers on
the farm enter into a contract with the Secretary under which
the producers on the farm agree--
(A) to obtain additional coverage for the insurable
commodity for each of the next three crops under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crops;
and
(2) in the case of a noninsurable commodity, the producers
on the farm enter into a contract with the Secretary under
which the producers on the farm agree--
(A) to file the required paperwork, and pay the
administrative fee by the applicable State filing
deadline, for the noninsurable commodity for each of
the next three crops under section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333); and
(B) on violation of the contract, to forfeit the
right to receive any payment, loan, or benefit under
title I of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 7901 et seq.) for each of such crops.
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary of Agriculture shall use the funds, facilities, and
authorities of the Commodity Credit Corporation to carry out this Act.
SEC. 6. REGULATIONS.
(a) In General.--The Secretary of Agriculture may promulgate such
regulations as are necessary to implement this Act.
(b) Procedure.--The promulgation of the regulations and
administration of this Act shall be made without regard to--
(1) the notice and comment provisions of section 553 of
title 5, United States Code;
(2) the Statement of Policy of the Secretary of Agriculture
effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in
rulemaking; and
(3) chapter 35 of title 44, United States Code (commonly
known as the ``Paperwork Reduction Act'').
(c) Congressional Review of Agency Rulemaking.--In carrying out
this section, the Secretary shall use the authority provided under
section 808 of title 5, United States Code.
SEC. 7. EMERGENCY DESIGNATION.
(a) In General.--The entire amount made available under this Act
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.--The entire amount made available under this
section is designated by Congress as an emergency requirement under
sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A),
902(e)). | Emergency Agricultural Disaster Assistance Act of 2003 - Directs the Secretary of Agriculture to provide: (1) emergency financial assistance to agricultural producers who have incurred qualifying 2002 crop losses due to weather or related conditions; and (2) payments to livestock producers who have incurred 2001 and 2002 losses in an emergency-designated county.Permits livestock producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. | {"src": "billsum_train", "title": "To provide emergency disaster assistance to agricultural producers that incurred 2002 crop losses due to damaging weather or related condition and to provide emergency disaster assistance to livestock producers in counties that received a primary disaster designation by the Secretary of Agriculture in calendar year 2001 or 2002, and for other purposes."} | 1,625 | 141 | 0.617734 | 1.687102 | 0.73471 | 1.953488 | 10.875969 | 0.868217 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gas Price Spike Relief Act of
2005''.
SEC. 2. TEMPORARY 4.3-CENT REDUCTION IN CERTAIN FUEL TAX RATES.
(a) In General.--Section 4081 of the Internal Revenue Code of 1986
(relating to imposition of tax on motor and aviation fuels) is amended
by adding at the end the following new subsection:
``(f) Temporary 4.3-Cent Reduction in Certain Fuel Tax Rates.--
``(1) In general.--During a temporary rate reduction period
with respect to any taxable fuel, the rate of tax referred to
in paragraph (2) otherwise applicable to such fuel shall be
reduced (but not below zero) by 4.3 cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are--
``(A) each rate of tax under subsection (a)(2)(A)
(relating to gasoline and diesel fuel),
``(B) each rate of tax under paragraph (1) or (2)
of section 4041(a) (relating to diesel fuel and special
fuels), and
``(C) the rate of tax under section 4041(m)(1)(A)
(relating to certain methanol or ethanol fuels).
``(3) Comparable treatment for compressed natural gas.--No
tax shall be imposed by section 4041(a)(3) on any sale or use
during a temporary rate reduction period with respect to
gasoline.
``(4) Comparable treatment under certain refund rules.--In
the case of fuel on which tax is imposed during a temporary
rate reduction period, each of the comparable rates otherwise
applicable under sections 6421(f)(3)(B)(ii), 6427(b)(2)(A), and
6427(l)(3)(B)(ii) shall be reduced (but not below zero) by 4.3
cents per gallon.
``(5) Temporary rate reduction period.--For purposes of
this subsection--
``(A) In general.--The term `temporary rate
reduction period' means, with respect to any taxable
fuel, any period of months (as determined by the
Secretary) during which the motor fuel price index for
such fuel is 10 percent greater than such index for the
base month.
``(B) Base month.--The term `base month' means,
with respect to any period, the last month before such
period.
``(C) Motor fuel price index.--The term `motor fuel
price index' means--
``(i) Highway motor fuel.--In the case of
fuel other than aviation-grade kerosene, the
index comprised of the motor fuel price
component of the Consumer Price Index (as
defined in section 1(f)(5)).
``(ii) Aviation-grade kerosene.--In the
case of aviation-grade kerosene, the index
comprised of the average monthly price of such
kerosene (for end users) as published by the
Energy Information Administration of the
Department of Energy.
``(D) Data.--The motor fuel price index for any
month which is taken into account for purposes of this
subsection shall be such index for the 2d preceding
month.
``(6) Trust funds held harmless.--Amounts appropriated to
the Highway Trust Fund and the Airport and Airways Trust Fund
shall be determined as if this subsection had never been
enacted.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 3. FLOOR STOCKS REFUNDS.
(a) In General.--If--
(1) before the first day of any temporary rate reduction
period, tax has been imposed under section 4081 of the Internal
Revenue Code of 1986 on any liquid, and
(2) on such first day 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 with respect to any temporary rate reduction
period unless--
(1) claim therefor is filed with the Secretary of the
Treasury before the date which is 6 months after the first day
of such period, based on a request submitted to the taxpayer
before the date which is 3 months after such first day, by the
dealer who held the liquid on such first day, and
(2) 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--
(1) In general.--The terms ``dealer'' and ``held by a
dealer'' have the respective meanings given to such terms by
section 6412 of such Code.
(2) Temporary rate reduction period.--The term ``temporary
rate reduction period'' has the meaning given to such term by
section 4081(f)(5) of such Code.
(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. 4. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of taxable fuel on which tax
was imposed under section 4081 of the Internal Revenue Code of 1986
during any temporary rate reduction period, and which is held on the
first day after such period by any person, there is hereby imposed a
floor stocks tax of 4.3 cents per gallon.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding taxable fuel on
the first day after a temporary rate reduction period 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 for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 3 months after the
close of the temporary rate reduction period to which such tax
relates.
(c) Definitions.--For purposes of this section--
(1) Temporary rate reduction period.--The term ``temporary
rate reduction period'' has the meaning given to such term by
section 4081(f)(5) of such Code.
(2) Held by a person.--Fuel 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).
(3) Taxable fuel.--The term ``taxable fuel'' has the
meaning given to such term by section 4083 of such Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or his delegate.
(d) Exception for Exempt Uses.--The tax imposed by subsection (a)
shall not apply to taxable fuel held by any person exclusively for any
use to the extent a credit or refund of the tax imposed by section 4081
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 fuel 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)--
(A) on gasoline held on the first day after any
temporary rate reduction period, by any person if the
aggregate amount of gasoline held by such person on
such date does not exceed 4,000 gallons, and
(B) on diesel fuel held on such first day by any
person if the aggregate amount of diesel fuel 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 ``more
than 50 percent'' shall be substituted for ``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 section 4081
of such Code shall, insofar as applicable and not inconsistent with the
provisions of this subsection, apply with respect to the floor stock
taxes imposed by subsection (a) to the same extent as if such taxes
were imposed by such section 4081. | Gas Price Spike Relief Act of 2005 - Amends the Internal Revenue Code to allow a 4.3 cents per gallon reduction in the rate of excise tax for gasoline, diesel fuel, special fuels, and certain methanol or ethanol fuels during any period of months in which the motor fuel price index is 10 percent greater than such index for the immediately preceding month (temporary rate reduction period). Allows dealers in such fuels to apply for tax refunds during a temporary rate reduction period. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to reduce motor fuel excise taxes during periods of high fuel prices."} | 2,248 | 112 | 0.626206 | 1.593871 | 1.020416 | 3.644444 | 22.088889 | 0.933333 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans TRICARE Choice Act of
2016''.
SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE
CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.
(a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code
of 1986 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 adding at the end the following new clause:
``(iv) coverage under the TRICARE program
under chapter 55 of title 10, United States
Code, for any period with respect to which an
election is in effect under section 1097e of
such title providing that the individual is
ineligible to be enrolled in (and receive
benefits under) such program.''.
(b) Provisions Relating to Election of Ineligibility Under
TRICARE.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097d the following
new section:
``Sec. 1097e. TRICARE program: election of eligibility
``(a) Election.--Beginning January 1, 2017, a TRICARE-eligible
individual may elect at any time to be ineligible to enroll in (and
receive any benefits under) the TRICARE program.
``(b) Change of Election.--(1) If a TRICARE-eligible individual
makes an election under subsection (a), the TRICARE-eligible individual
may later elect to be eligible to enroll in the TRICARE program. An
election made under this subsection may be made only during a special
enrollment period.
``(2) The Secretary shall ensure that a TRICARE-eligible individual
who makes an election under subsection (a) may efficiently enroll in
the TRICARE program pursuant to an election under paragraph (1),
including by maintaining the individual, as appropriate, in the health
care enrollment system under section 1099 of this title in an inactive
manner.
``(c) Period of Election.--If a TRICARE-eligible individual makes
an election under subsection (a), such election shall be in effect
beginning on the date of such election and ending on the date that such
individual makes an election under subsection (b)(1) to enroll in the
TRICARE program.
``(d) Health Savings Account Participation.--(1) For provisions
allowing participation in a health savings account in connection with
coverage under a high deductible health plan during the period that the
election under subsection (a) is in effect, see section
223(c)(1)(B)(iv) of the Internal Revenue Code of 1986.
``(2) The Secretary shall submit to the Commissioner of Internal
Revenue the name of, and any other information that the Commissioner
may require with respect to, each TRICARE-eligible individual who makes
an election under subsection (a) or (b), not later than 90 days after
such election, for purposes of determining the eligibility of such
TRICARE-eligible individual for a health savings account described in
paragraph (1).
``(e) Records.--The Secretary shall ensure that a TRICARE-eligible
individual who makes an election under subsection (a) is maintained on
the Defense Enrollment Eligibility Reporting System, or successor
system, regardless of whether the individual is eligible for the
TRICARE program during the period of such election.
``(f) Provision of Information.--The Secretary shall provide to
each TRICARE-eligible individual who seeks to make an election under
subsection (a) information regarding--
``(1) health savings accounts in connection with coverage
under a high deductible health plan described in subsection
(d)(1), including a comparison of such health saving accounts
and the health care benefits the individual is eligible to
receive under the TRICARE program; and
``(2) changing such an election under subsection (b)(1).
``(g) Annual Report.--Not later than 60 days after the end of each
fiscal year, the Secretary shall submit to the congressional defense
committees a report on elections by TRICARE-eligible individuals under
this section that includes the following:
``(1) The number of TRICARE-eligible individuals, as of the
date of the submittal of the report, who are ineligible to
enroll in (and receive any benefits under) the TRICARE program
pursuant to an election under subsection (a).
``(2) The number of TRICARE-eligible individuals who made
an election described under subsection (a) but, as of the date
of the submittal of the report, are enrolled in the TRICARE
program pursuant to a change of election under subsection (b).
``(h) Definitions.--In this section:
``(1) The term `TRICARE-eligible individual' means an
individual who is--
``(A) eligible to be a covered beneficiary entitled
to health care benefits under the TRICARE program
(determined without regard to this section); and
``(B) not serving on active duty in the uniformed
services.
``(2) The term `special enrollment period' means the period
in which a beneficiary under the Federal Employees Health
Benefits program under chapter 89 of title 5 may enroll in or
change a plan under such program by reason of a qualifying
event or during an open enrollment season. For purposes of this
section, such qualifying events shall also include events
determined appropriate by the Secretary of Defense, including
events relating to a member of the armed forces being ordered
to active duty.''.
(2) Conforming amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by inserting
after the item relating to section 1097d the following new
item:
``1097e. TRICARE program: election of eligibility.''.
(c) Effective Date.--The amendments made by subsection (a) shall
apply to months beginning after December 31, 2016.
Passed the House of Representatives November 29, 2016.
Attest:
KAREN L. HAAS,
Clerk. | (This measure has not been amended since it was reported to the House on November 14, 2016. Veterans TRICARE Choice Act of 2016 (Sec. 2) This bill allows, as of January 1, 2017, an individual who is eligible to be a covered beneficiary entitled to health care benefits under the TRICARE program (a Department of Defense [DOD] managed health care program) and who is not serving on active duty in the uniformed services to: (1) elect to be ineligible to enroll in TRICARE, (2) make tax deductible contributions to a health savings account during the period such individual elects to be ineligible for TRICARE coverage, and (3) enroll in the TRICARE program at a later date during a special enrollment period. DOD shall submit to the Internal Revenue Service information on each TRICARE-eligible individual who makes such election for purposes of determining such individual's eligibility for a health savings account. DOD shall provide to each TRICARE-eligible individual who seeks to make such election information regarding: (1) health savings accounts, and (2) changing an election. | {"src": "billsum_train", "title": "Veterans TRICARE Choice Act of 2016"} | 1,386 | 237 | 0.716749 | 2.052279 | 0.698613 | 3.275701 | 5.752336 | 0.873832 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pathways Advancing Career Training
Act''.
SEC. 2. PURPOSE AND FINDINGS.
(a) Purpose.--The purpose of this Act is to provide assistance to
States for preparatory services, education and training programs,
support service assistance, and referral services to displaced
homemakers, single parents, and individuals pursuing nontraditional
occupations. Such assistance will create workforce pathways for
individuals in transition and help meet the employment needs of a high
skilled, high wage information technology economy.
(b) Findings.--Congress finds the following:
(1) A high quality, productive, and diverse workforce is
necessary to compete in the global economy.
(2) There are approximately 15,000,000 displaced homemakers
and single parents in the United States for whom the pathway to
employment and economic independence requires education and
training services.
(3) The education and training needs of displaced
homemakers, single parents, and individuals pursuing
nontraditional occupations are not sufficiently met through
existing systems.
(4) Displaced homemakers and single parents represent an
untapped resource to enter unfilled positions in the
information technology sector.
(5) Employment in information technology and high skill,
high wage nontraditional careers offers wages and advancement
opportunities to help families achieve economic independence.
(6) Vocational education programs continue to be highly
sex-segregated resulting in a dearth of female students filling
the pipeline for jobs in the growing high-skill high-wage labor
market, especially in the areas of technology and the skilled
trades.
SEC. 3. DEFINITIONS.
Except as otherwise specified in this Act, as used in this Act:
(1) Community-based organization.--The term ``community-
based organization'' means a public or private nonprofit
organization of demonstrated effectiveness that--
(A) is representative of a community or significant
segments of a community; and
(B) provides educational or related services to
individuals in the community.
(2) Displaced homemaker.--The term ``displaced homemaker''
means an individual who has been providing unpaid services to
family members in the home and who--
(A) has been dependent on the income of another
family member but is no longer supported by that
income; and
(B) is unemployed or underemployed and is
experiencing difficulty in obtaining or upgrading
employment.
(3) Eligible state agency.--The term ``eligible State
agency'' means a State board designated or created as the State
agency responsible for the administration of vocational and
technical education in the State.
(4) Eligible recipient.--The term ``eligible recipient''
means a community-based organization, an area vocational
school, a local educational agency, a postsecondary vocational
institution, or other entities that have demonstrated ability
to meet the education and training needs of displaced
homemakers, single parents and students in secondary and
postsecondary programs preparing for nontraditional training
and employment.
(5) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 14101 of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801).
(6) Nontraditional employment.--The term ``nontraditional
employment,'' refers to occupations or fields of work for which
individuals from one gender comprise less than 25 percent of
the individuals employed in each such occupation or field of
work.
(7) Preparatory services.--The term ``preparatory
services'' means services, programs, or activities designed to
assist individuals who are not enrolled in education or
training programs in the selection of, or preparation for
participation in, an appropriate education or training program,
such as--
(A) services, programs, or activities related to
outreach in the recruitment of potential students;
(B) career and personal counseling and life skills
development;
(C) vocational assessment and testing; and
(D) other appropriate services, programs, or
activities.
(8) Postsecondary vocational institution.--The term
``postsecondary vocation institution'' has the same meaning
given such term in section 102(c) of the Higher Education Act
of 1965 (20 U.S.C. 1002(c)).
(9) Secondary school.--The term ``secondary school'' has
the meaning given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Education.
(11) Self-sufficiency standard.--The term ``self-
sufficiency standard'' is a measure of how much income families
need to cover their basic costs without subsidies. It uses a
consistent methodology that calculates the costs of living and
working (including taxes) based upon sub-state geographic
location, family size and composition.
(12) Single parent.--The term ``single parent'' means an
individual who is unmarried and--
(A) has a minor child or children for which the
parent has either custody or joint custody; or
(B) is pregnant.
(13) Services.--The term ``services'' means services such
as transportation, child care, dependent care, and needs based
payment, that are necessary to enable an individual to
participate in education and training activities.
SEC. 4. PROGRAM AUTHORIZED.
The Secretary of Education is authorized to provide grants to
States to enable such States to develop or enhance programs described
in section 8.
SEC. 5. ALLOCATION.
(a) In General.--The Secretary shall allot funds to the States
under this Act based on the ratio of the population between the ages of
16 and 64 of each State to the total population between the ages of 16
and 64 in all of the States.
(b) Supplement not Supplant.--Funds provided under this Act shall
be used to supplement not supplant other Federal, State, and local
public funds expended to provide services to displaced homemakers,
single parents, and students pursuing nontraditional occupations.
SEC. 6. STATE PLAN.
(a) In General.--Each eligible State agency shall prepare and
submit to the Secretary a plan for a 5-year period, together with such
annual revisions as the eligible State agency determines to be
necessary.
(b) Revisions and Review.--Each eligible State agency shall--
(1) submit such annual revisions of the plan to the
Secretary as the eligible State agency determines to be
necessary; and
(2) after the second year of the 5-year State plan, conduct
a review of activities assisted under this Act and submit any
revisions of the State plan that the eligible State agency
determines necessary to the Secretary.
(c) Plan Development.--The eligible State agency may develop the
State plan in consultation with experts, students in displaced
homemaker, single parent, and nontraditional training programs, and any
other individual the State considers necessary.
(d) Plan Contents.--The State plan shall include information that--
(1) describes the preparatory services and vocational and
technical education activities to be assisted that are designed
to assist single parents, displaced homemakers, and students
pursuing nontraditional training and employment;
(2) describes the process for soliciting competitive
applications and the criteria that will be used by the eligible
State agency in awarding eligible recipients funds under this
Act;
(3) describes how comprehensive professional development
will be provided;
(4) describes how the eligible State agency will--
(A) annually evaluate the effectiveness of such
programs; and
(B) coordinate such programs to ensure non-
duplication with other existing Federal programs;
(5) provides assurances that the eligible State agency will
comply with the requirements of this Act and the provisions of
the State plan, including the provision of a financial audit of
funds received under this Act which may be included as part of
an audit of other Federal or State programs;
(6) provides assurances that none of the funds expended
under this Act will be used to acquire equipment (including
computer software) in any instance in which such acquisition
results in a direct financial benefit to any organization
representing the interests of the purchasing entity, the
employees of the purchasing entity, or any affiliate of such an
organization;
(7) describes how the eligible State agency will measure
and report the progress of the students who are served pursuant
to this Act, including--
(A) single parent and displaced homemaker's
participation in and completion of a vocational and
technical education program;
(B) student participation in and completion of
vocational and technical education programs that lead
to nontraditional training and employment;
(C) single parent and displaced homemaker's
attainment of a secondary school diploma or its
recognized equivalent;
(D) single parent and displaced homemaker's
placement in postsecondary education or advanced
training, placement in military service, or placement
in employment;
(E) student placement in nontraditional employment;
and
(F) single parent and displaced homemaker's
participation in and completion of career and technical
education programs that will prepare them to earn wages
equal to or greater than that determined by the self
sufficiency standard;
(8) describes how the eligible State agency will provide
eligible recipients with technical assistance; and
(9) describes the methods proposed for the joint planning
and coordination of programs carried out under this Act with
other Federal programs.
(e) Plan Option.--The eligible State agency may fulfill the
requirements of subsection (d) by submitting a plan under section 123
of the Carl D. Perkins Vocational and Technical Education Act of 1998
(20 U.S.C. 2343).
(f) Plan Approval.--The Secretary shall consider a plan or revision
of a State plan approved, unless the Secretary determines, within 120
days of submission, that the State plan, or revision, respectively,
does not meet the requirements of this section.
SEC. 7. ACCOUNTABILITY.
(a) Purpose.--The purpose of this section is to establish
activities, in coordination with the State performance accountability
system, to assess the effectiveness of the State in achieving progress
of career and technical education in serving single parents, displaced
homemakers and individuals pursuing nontraditional training and
employment, and to maximize the return on investment of Federal funds.
(b) Core Indicators of Performance.--Each eligible State agency
shall identify in the State plan the process used to collect data on
the core indicators of performance from eligible recipients that
include, at a minimum, measures of each of the following:
(1) Participation and completion in a preparatory services
program.
(2) Participation in and completion of career and technical
education programs that lead to nontraditional training and
employment.
(3) Attainment of a secondary school diploma or its
recognized equivalent, a proficiency credential in conjunction
with a secondary school diploma, or a postsecondary degree or
credential.
(4) Placement in, retention in, and completion of,
postsecondary education or advanced training, placement in
military service, or placement or retention in employment.
(5) Placement in nontraditional employment.
(c) Annual Report by State Agency.--Each eligible State agency
shall transmit to the Secretary an annual report of data compiled in
accordance with Section 7(b) disaggregated by gender, race, age,
disability, national origin, ethnicity, and English proficiency status.
The eligible State agency may fulfill the requirements of reporting for
core indications in paragraphs (2) through (5) of subsection (b) by
submitting a report under section 113(c)(2) of the Carl D. Perkins
Vocational and Technical Education Act of 1998 (20 U.S.C. 2324).
(d) Annual Report of the Secretary.--The Secretary shall transmit
to Congress annually a national report that describes the extent to
which the purposes of the Act are being achieved.
SEC. 8. PROGRAMS FOR SINGLE PARENTS, DISPLACED HOMEMAKERS, AND
NONTRADITIONAL EMPLOYMENT.
Except as provided in section 8(a), each State may use funds
provided under section 9 only to--
(1) provide programs for single parents and displaced
homemakers, including--
(A) subsidies, reimbursement, tuition assistance,
or payment for preparatory services, necessary
educational materials (including books and supplies),
career guidance and counseling services, and support
services;
(B) information to inform individuals of career and
technical education and training programs, related
support services, and counseling;
(C) program services, counseling, and activities to
prepare individuals to attain marketable skills for
employment that will lead to economic self-sufficiency;
(2) provide programs for secondary and postsecondary
students pursuing nontraditional training and employment,
including--
(A) programs, preparatory services, counseling,
tuition assistance and activities that will provide
individuals with the skills to pursue education and
training in nontraditional careers, including
information technology and other high skill and high
wage careers;
(B) programs services, counseling, professional
development, and activities to--
(i) increase awareness of nontraditional
occupations; and
(ii) to ensure a fair and respectful
learning environment for all career and
technical education students, particularly
those preparing for nontraditional employment;
and
(C) replicable model programs that increase
participation, completion, and placement rates of
individuals in nontraditional employment.
SEC. 9. WITHIN STATE ALLOCATION AND ADMINISTRATION.
(a) Reservation for State Activities.--From the amounts allocated
under section 5, not more than 5 percent shall be reserved for State
administration.
(b) Matching Requirement.--Each eligible State agency receiving
funds made available under section 5(a), shall match, from non-Federal
sources and on a dollar-for-dollar basis, the funds received under
section 9.
(c) Administration.--Any State desiring to participate in a program
authorized by this Act shall assign not less than one individual within
the appropriate agency established to administer vocational education
programs within the State to assist in fulfilling the purposes of this
Act by--
(1) administering the program of vocational education
described in section 7;
(2) gathering, analyzing, and disseminating data on the
adequacy and effectiveness of vocational education programs in
the State as described in section 6;
(3) developing the State plan described in section 6;
(4) providing technical assistance and professional
development in expanding vocational opportunities for students
pursuing nontraditional occupations and single parents, and
displaced homemakers;
(5) managing the distribution of funds pursuant to section
6;
(6) monitoring the use of funds distributed to recipients
under such programs; and
(7) evaluating the effectiveness of programs and activities
supported by such funds.
(d) Competitive Awards.--The administrator assigned under
subsection (c) shall--
(1) on a competitive basis, provide grants to eligible
recipients; and
(2) ensure that each grant is for a program that is of
sufficient size, scope, and quality to be effective.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act,
$200,000,000 for fiscal year 2005 and such sums as may be necessary for
each of the 4 succeeding fiscal years. | Pathways Advancing Career Training Act - Authorizes the Secretary of Education to make formula matching grants to States with approved plans for programs of vocational education, training, employment counseling, and related services, including tuition assistance, for: (1) single parents and displaced homemakers; and (2) secondary and postsecondary students pursuing nontraditional training and employment.
Provides that State boards designated or created as State agencies responsible for vocational and technical education vocational education agency shall administer such programs and make competitive subgrants to eligible entities. | {"src": "billsum_train", "title": "To provide effective training and education programs for displaced homemakers, single parents, and individuals entering nontraditional employment."} | 3,249 | 110 | 0.58148 | 1.665982 | 0.913456 | 2.443299 | 31.536082 | 0.917526 |
SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION.
The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is
amended by adding at the end the following:
``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION.
``(a) Recognition of the Village of Alexander Creek.--Subject to
the limitations of this section and notwithstanding section 1432(d) of
the Alaska National Interest Lands Conservation Act (Public Law 96-487)
to the contrary, Alexander Creek, located within Township 15N, Range
7W, Seward Meridian, Alaska, is and shall be recognized as an eligible
Native village under section 11(b)(3) of this Act.
``(b) Definitions.--For the purposes of this section, the following
terms apply:
``(1) The term `agency' includes--
``(A) any instrumentality of the United States;
``(B) any element of an agency; and
``(C) any wholly owned or mixed-owned corporation
of the United States Government identified in chapter
91 of title 31, United States Code.
``(2) The term `conservation system unit' has the meaning
given that term in the Alaska National Interest Lands
Conservation Act.
``(3) The term `Alexander Creek' means Alexander Creek
Incorporated, an Alaska Native Group corporation, organized
pursuant to this Act.
``(4) The term `property' has the meaning given that term
in Public Law 94-204 (43 U.S.C. 1611 note).
``(5) The term `Region' means Cook Inlet Region
Incorporated, an Alaska Native Regional Corporation, which is
the appropriate Regional Corporation for Alexander Creek under
section 1613(h) of this Act.
``(6) The term `CIRI Property Account' means the account in
the Treasury established by the Secretary of the Treasury
pursuant to section 12(b) of Public Law 94-204 (43 U.S.C. 1611
note), referred to in that section as the `Cook Inlet Region,
Incorporated property account'.
``(c) Establishment.--(1) The Secretary of the Treasury, in
consultation with the Secretary of the Interior, shall establish an
account in the Treasury to be known as the `Alexander Creek account'
which shall be funded in the full amount provided for by this section
within 24 months of the date of enactment of this section
``(2) Funds in the Alexander Creek account shall--
``(A) be available to Alexander Creek for bidding on and
purchasing property sold at public sale, subject to paragraph
(3); and
``(B) remain available until expended.
``(3)(A) Alexander Creek may use funds in the Alexander Creek
account to bid as any other bidder for property in Alaska at any public
sale by an agency and may purchase such property in accordance with
applicable laws and regulations of the agency offering the property for
sale.
``(B) In conducting a transaction described in subparagraph (A), an
agency shall accept, in the same manner as cash, any amount tendered
from the Alexander Creek account. The Secretary of the Treasury shall
adjust the balance of the Alexander Creek account to reflect the
transaction.
``(C) The Secretary of the Treasury, in consultation with the
Secretary of the Interior, shall establish procedures for the following
transactions related to the Alexander Creek account:
``(i) Receipt of deposits.
``(ii) Receipt of deposits into escrow when an escrow is
required for the sale of property.
``(iii) Reinstatement to the Alexander Creek account of any
unused escrow deposits in the event that a sale of property is
not consummated.
``(d) Amount.--(1) The initial balance of the Alexander Creek
account shall be the fair market value as determined by the appraisal
conducted under subsection (g) of the surface estate of the
approximately 61,440 acres of deficiency selections previously made by
Alexander Creek, which comprise the following parcels of land:
``T. 2 T., R. 19 W., secs. 3 and 4.
``T. 2 T., R. 19 W., sec. 10.
``T. 2 T., R. 19 W., secs. 14 and 15.
``T. 3 T., R. 19 W., sec. 30.
``T. 2 T., R. 20 W., secs. 20 through 23.
``T. 3 T., R. 20 W., sec. 10.
``T. 3 T., R. 20 W., sec. 14.
``T. 3 T., R. 20 W., secs. 24 and 25.
``T. 1 T., R. 26 W., sec. 31.
``T. 2 T., R. 27 W., secs. 3 and 4.
``T. 2 T., R. 29 W., secs. 3 through 5.
``T. 2 S., R. 19 W., sec. 18.
``T. 2 S., R. 20 W., secs. 12 and 13.
``T. 2 S., R. 20 W., sec. 24.
``T. 2 S., R. 20 W., secs. 26 and 27.
``T. 2 S., R. 20 W., secs. 33 and 34.
``T. 3 S., R. 23 W., sec. 25.
``T. 6 S., R. 24 W., secs. 1 and 2.
``T. 6 S., R. 24 W., sec. 11.
``T. 6 S., R. 24 W., secs. 18 through 20.
``T. 9 S., R. 27 W., secs. 6 and 7.
``T. 7 S., R. 28 W., sec. 2.
``T. 7 S., R. 28 W., sec. 21.
``T. 7 S., R. 28 W., secs. 28 and 29.
``T. 7 S., R. 28 W., secs. 31 through 33.
``T. 8 S., R. 28 W., secs. 5 through 7.
``T. 9 S., R. 28 W., sec. 1.
``T. 9 S., R. 28 W., sec. 12.
``T. 7 S., R. 29 W., sec. 12.
``T. 8 S., R. 29 W., sec. 1.
``T. 8 S., R. 29 W., secs. 3 and 4.
``T. 8 S., R. 29 W., secs. 8 through 20.
``T. 2 N., R. 20 W., sec. 13.
``T. 1 N., R. 27 W., sec. 8.
``T. 1 N., R. 27 W., sec. 16.
``T. 1 N., R. 27 W., secs. 20 through 23.
``T. 1 N., R. 27 W., sec. 25.
``T. 1 N., R. 27 W., sec. 36.
``T. 1 N., R. 28 W., secs. 1 and 2.
``T. 1 N., R. 28 W., secs. 8 through 11.
``T. 1 N., R. 28 W., secs. 16 through 18.
``T. 3 S., R. 23 W., sec. 8.
``T. 3 S., R. 23 W., sec. 26.
``T. 3 S., R. 23 W., sec. 33.
``T. 6 S., R. 24 W., secs. 27 and 28.
``T. 7 S., R. 28 W., secs. 4 through 7.
``T. 7 S., R. 28 W., secs. 10 and 11.
``T. 7 S., R. 28 W., secs. 14 and 15.
``T. 7 S., R. 28 W., sec. 22.
``T. 8 S., R. 29 W., sec. 5.
``T. 2 N., R. 20 W., sec. 30.
``T. 3 N., R. 20 W., sec. 2.
``T. 3 N., R. 20 W., sec. 13.
``T. 4 N., R. 20 W., sec. 33.
``T. 2 N., R. 27 W., secs. 10 through 12.
``T. 11 N., R. 28 W., secs. 16 through 27.
``T. 2 N., R. 30 W., sec. 12.
``T. 1 S., R. 20 W., sec. 4.
``T. 3 S., R. 23 W., sec. 17.
``T. 3 S., R. 23 W., sec. 28.
``T. 6 S., R. 24 W., sec. 14.
``T. 6 S., R. 24 W., sec. 21.
``T. 6 S., R. 24 W., sec. 26.
``T. 5 S., R. 26 W., secs. 29 and 30.
``T. 7 S., R. 28 W., sec. 1.
``T. 7 S., R. 29 W., sec. 1.
``T. 7 S., R. 29 W., sec. 11.
``T. 7 S., R. 29 W., secs. 14 through 16.
``T. 7 S., R. 29 W., secs. 21 and 22.
``T. 2 N., R. 19 W., sec. 7.
``T. 2 N., R. 19 W., sec. 18.
``(2) The balance of the CIRI Property Account shall be increased
by an amount equal to the fair market value of the subsurface estate of
the approximately 61,440 acres of deficiency selections made by
Alexander Creek, as described in paragraph (1): Provided, That the
value of such subsurface estate shall not be less than 61,440
multiplied by the acre equivalent value of the Region's entitlement
lands under paragraph (2) of the second section of 12(b)(7)(iv) of the
Act of January 2, 1976 (Public Law 94-204). The funds added to the CIRI
Property Account pursuant to this subsection shall be segregated from
all other funds therein by a method to be mutually agreed by CIRI and
the Secretary of the Treasury.
``(e) Land Exchange.--The Secretary of the Interior shall enter
into negotiations with Alexander Creek, no later than 180 days after
the date of the enactment of this Act, to attempt to conclude, under
the authority of section 22(f), a land exchange to acquire lands not
within any conservation system unit from the State of Alaska or the
Matanuska-Susitna Borough under the same procedures set forth in
section 22(f) to enable Alexander Creek to obtain additional public
lands within Alexander Creek's original withdrawal area in Alaska, as
identified by Alexander Creek. The subsurface to lands conveyed to
Alexander Creek under subsection (d) shall be conveyed, without
consideration, to the Region and shall be treated for all purposes as
subsurface land conveyed to the Region under section 14(f). Any land
exchange to be undertaken pursuant to this subsection must be approved
by Alexander Creek, and must be completed no later than 36 months after
the date of the enactment of this Act.
``(f) Adjustment in Account.--If a conveyance of surface estate is
made to Alexander Creek pursuant to subsection (e), the Alexander Creek
account shall be reduced by the amount of the actual acres conveyed
multiplied by the average value per acre of the surface acres appraised
under subsection (g). If a conveyance of subsurface estate is made to
the Region pursuant to subsection (d), the CIRI Property Account shall
be reduced by the amount of the actual acres conveyed multiplied by the
average value per acre of the subsurface acres appraised under
subsection (g).
``(g) Appraisal.--(1)(A) Subject to subsection (d)(2), the
Secretary shall determine the amount to be deposited into the Alexander
Creek and CIRI Property accounts by separately appraising, on a
reasonable basis, based on all available evidence, the fair market
value, as of the date of the enactment of this section, of the surface
and subsurface of each section selected as a separate parcel and
considering that `public interest' use may be the highest and best use
of such parcels.
``(B) Alexander Creek and the Region shall each have the
opportunity to present evidence of value to the Secretary solely with
respect to the respective estates involved, comprising surface estate
for Alexander Creek and subsurface estate for the Region. The Secretary
shall provide Alexander Creek and the Region with a preliminary draft
of the appraisal. Alexander Creek and the Region shall have a
reasonable and sufficient opportunity to comment on the appraisal.
``(2) The Secretary shall forward a certified copy of the appraisal
of their separate and respective estates each to Alexander Creek, and
the Region.
``(h) Implementation.--(1) Alexander Creek may assign to any person
or corporation without restriction any or all of the Alexander Creek
account upon written notification to the Secretary of the Treasury and
the Secretary of the Interior. In the event that such an assignment is
made to the Region, on notice from Alexander Creek to the Secretary of
the Treasury and the Secretary of the Interior, and subject to the
written consent of the Region in its sole and absolute discretion, the
amount of such assignment shall be added to or made a part of the CIRI
Property Account, and may be used in the same manner as other funds in
that account.
``(2) Except for such lands as Alexander Creek has received prior
to enactment of this section, and such lands it is entitled to recover
as a Group Corporation, upon completion by the Secretary of the
Interior of the appraisal process pursuant to subsection (g), and
notification to the Secretary from Alexander Creek that Alexander Creek
accepts the results of the appraisal process, Alexander Creek shall be
deemed to have accepted the terms of this section in lieu of any other
land entitlement it could have received as a village pursuant to this
Act, including, without limitation, any lands it would have received
pursuant to section 12(b). Such acceptance shall satisfy all claims
Alexander Creek had or may have had against the United States on the
date of the enactment of this section.
``(3) Any land acquired by Alexander Creek with funds from the
Alexander Creek account shall be deemed to be a conveyance pursuant to
this Act.
``(i) Treatment of Amounts From the Alexander Creek Account.--The
Secretary of the Treasury and the heads of agencies shall administer
sales pursuant to this section in the same manner as is provided for
any other Native village authorized by law as of the date of the
enactment of this section (including the use of similar accounts for
bidding on and purchasing property sold for public sale).
``(j) Limitation on Agents' and Attorneys' Fees.--No more than 2.5
percent of payments received by or on behalf of Alexander Creek under
this section may be paid to or received by any agent or attorney for
services rendered in connection with obtaining such payment, any
contract to the contrary notwithstanding. Any person who violates this
subsection shall be guilty of a misdemeanor and shall be subject to a
fine in the amount provided in title 18, United States Code.
``(k) Shareholder Participation.--Alexander Creek shall notify each
member of the Native village recognized under this section that, upon
the effective date of this provision, such members shall cease to
receive benefits from the Region as at-large shareholders pursuant to
section 7(m), and that all future resource payments from the Region
shall be made to the Village Corporation pursuant to section 7(j). The
Region shall not be liable under any State, Federal or local law, or
under State or Federal common law, for damages arising out of or
related to the cessation of payments to such individuals under section
7(m) pursuant to this section.
``(l) Statutory Construction.--Nothing in this section shall be
construed to--
``(1) limit, alter, violate, breach, or otherwise affect
the rights of any party under a contract, settlement agreement,
or land exchange entered into prior to enactment of this
section between Alexander Creek and any party, or one or more
parties to any contract, settlement, agreement, or land
exchange predicated upon Alexander Creek's Native village
status under this Act; or
``(2) diminish, reduce, or modify the acreage entitlement
to which Alexander Creek became entitled to as a Group
Corporation.''. | Amends the Alaska Native Claims Settlement Act (ANCSA) to recognize the village of Alexander Creek, Alaska, as eligible for land and benefits under the Act, notwithstanding specified provisions of the Alaska National Interest Lands Conservation Act.
Establishes in the Treasury the Alexander Creek account and makes the account's funds available to Alexander Creek Incorporated for purchasing property sold at public sale. Increases the existing CIRI Property Account's balance by the subsurface value of Alexander Creek's selections.
Directs the Secretary of the Interior to negotiate for a land exchange to acquire the surface estate in lands not in any conservation system unit from Alaska or the Mantanuska-Susitna Borough to enable Alexander Creek to obtain additional public lands in Alexander Creek's original withdrawal area in Alaska.
Requires the subsurface estate to the lands conveyed to Alexander Creek to be conveyed to CIRI.
Deems Alexander Creek, on completion (and acceptance by Alexander Creek) of an appraisal, to have accepted the terms of this Act in lieu of any other land entitlement it could have received as a village under ANCSA. Requires that such acceptance satisfy all claims of Alexander Creek against the United States.
Requires Alexander Creek to notify each Alexander Creek member that the members will cease to receive benefits from CIRI as at-large shareholders and that all future resource payments from the Region will be made to the Village Corporation. Relieves CIRI from liability under any state, federal, or local law for damages related to that payment cessation. | {"src": "billsum_train", "title": "To amend the Alaska Native Claims Settlement Act to recognize Alexander Creek as a Native village, and for other purposes."} | 3,772 | 340 | 0.57892 | 1.933213 | 0.753843 | 3.517857 | 12.135714 | 0.925 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Educational Opportunities
Enhancement Act of 2001''.
SEC. 2. PERMITTING AN ELECTION TO REDUCE BASIC PAY OVER A PERIOD OF TWO
YEARS.
(a) In General.--The first sentence of sections 3011(b) and 3012(c)
of title 38, United States Code, are each amended by striking ``$100
for each of the first 12 months'' and inserting ``$50 for each of the
first 24 months''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to individuals who first become a member of the Armed Forces or
first enter on active duty as a member of the Armed Forces on or after
the date that is 90 days after the date of the enactment of this Act.
SEC. 3. PERMITTING WITHDRAWAL OF ELECTION NOT TO ENROLL UNDER THE
MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, is
amended by inserting after section 3018C the following new sections:
``Sec. 3018D. Opportunity for active-duty personnel to withdraw
election not to enroll
``(a) Notwithstanding any other provision of this chapter, each
qualified individual (described in subsection (b)) may withdraw an
election made under section 3011(c)(1) or 3012(d)(1) of this title not
to receive educational assistance under this chapter during an open
period (described in subsection (c)). The qualified individual shall
withdraw such election in accordance with this section and on such form
as the Secretary of Defense shall prescribe for such purpose.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces on or after the date of the enactment of this section.
``(2) The individual continues to serve, without a break in
service, the period of service which, at the beginning of the
open period, such individual was obligated to serve.
``(3) The individual--
``(A) serves the obligated period of service
described in paragraph (2);
``(B) before completing such obligated period of
service, is discharged or released from active duty for
(i) a service-connected disability, (ii) a medical
condition which preexisted such service and which the
Secretary determines is not service connected, (iii)
hardship, or (iv) a physical or mental condition that was not
characterized as a disability and did not result from the individual's
own willful misconduct but did interfere with the individual's
performance of duty, as determined by the Secretary of each military
department in accordance with regulations prescribed by the Secretary
of Defense (or by the Secretary of Transportation with respect to the
Coast Guard when it is not operating as a service of the Navy); or
``(C) before completing such obligated period of
service, is (i) discharged or released from active duty
for the convenience of the Government after completing
not less than 20 months of continuous active duty under
that period of obligated service, if such period was
less than three years, or 30 months of continuous
active duty under that period of obligated service, if
such period was at least three years, or (ii)
involuntarily discharged or released from active duty
for the convenience of the Government as a result of a
reduction in force, as determined by the Secretary
concerned in accordance with regulations prescribed by
the Secretary of Defense (or by the Secretary of
Transportation with respect to the Coast Guard when it
is not operating as a service in the Navy).
``(4) Before applying for benefits under this section, the
individual--
``(A) completes the requirements of a secondary
school diploma (or equivalency certificate); or
``(B) successfully completes (or otherwise receives
academic credit for) the equivalent of 12 semester
hours in a program of education leading to a standard
college degree.
``(5) Upon completion of such obligated period of service,
the individual--
``(A) is discharged from service with an honorable
discharge, is placed on the retired list, is
transferred to the Fleet Reserve or Fleet Marine Corps
Reserve, or is placed on the temporary disability
retired list;
``(B) continues on active duty; or
``(C) is released from active duty for further
service in a reserve component of the Armed Forces
after service on active duty characterized by the
Secretary concerned as honorable service.
``(c) The open period referred to in subsection (a) with respect to
a qualified individual is as follows:
``(1) Subject to paragraph (2), such period is the 90-day
period preceding the date of the termination of the initial
obligated period of active duty required of the individual
under section 3011 or 3012 of this title.
``(2) In the case of a discharge or release under
subparagraph (B) or (C) of subsection (b)(3), such period is
the 90-day period preceding the anticipated date of such
discharge or release.
``(d)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who withdraws, under subsection
(a), an election under section 3011(c)(1) or 3012(d)(1) of this title--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced
equals $1,200; or
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(5), the Secretary concerned
shall collect from the qualified individual an amount equal to
the difference between $1,200 and the total amount of
reductions under subparagraph (A), which shall be paid into the
Treasury of the United States as miscellaneous receipts.
``(2) In the case of an individual described in clause (B) or (C)
of subsection (b)(3) whose discharge or release from active duty
prevents the reduction of the basic pay of such individual by $1,200,
an amount less than $1,200.
``(e) With respect to qualified individuals referred to in
subsection (d)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which the Secretary concerned collects the
applicable amount under clause (i) of such subsection.
``(f) A withdrawal under subsection (a) is irrevocable.
``(g) The Secretary concerned shall provide for notice of the
opportunity under this section to withdraw an election made under
section 3011(c)(1) or 3012(d)(1) of this title.''.
(b) Conforming Amendments.--(1) Sections 3011(c)(1) and 3012(d)(1)
of such title are each amended by striking ``Any individual'' in the
third sentence and inserting ``Subject to section 3018D, any
individual''.
(2) Section 3017(b)(1) of such title is amended to read as follows:
``(1) the total of--
``(A) the amount reduced from the individual's pay
under section 3011(b), 3012(c), 3018(c), 3018A(b),
3018B(b), 3018C(b), 3018C(e), or 3018D(d) of this
title;
``(B) the amount reduced from the individual's
retired pay under section 3018C(e) or 3018D(d) of this
title;
``(C) the amount collected from the individual by
the Secretary under section 3018B(b), 3018C(b),
3018C(e), or 3018D(d) of this title; and
``(D) the amount of any contribution made by the
individual under section 3011(e) or 3012(f) of this
title, less''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title is amended by inserting after the item
relating to section 3018C the following new item:
``3018D. Opportunity for active-duty personnel to withdraw election not
to enroll.''.
SEC. 4. OPPORTUNITY FOR CERTAIN ACTIVE-DUTY PERSONNEL TO ENROLL UNDER
THE MONTGOMERY GI BILL.
(a) In General.--Chapter 30 of title 38, United States Code, as
amended by section 3(a), is further amended by inserting after section
3018D the following new section:
``Sec. 3018E. Opportunity for certain active-duty personnel to enroll
``(a)(1) Notwithstanding any other provision of this chapter,
during the one-year period beginning on the date of the enactment of
this section, a qualified individual (described in subsection (b)) may
make an irrevocable election under this section to become entitled to
basic educational assistance under this chapter.
``(2) The Secretary of each military department shall provide for
procedures for a qualified individual to make an irrevocable election
under this section in accordance with regulations prescribed by the
Secretary of Defense for the purpose of carrying out this section or
which the Secretary of Transportation shall provide for such purpose
with respect to the Coast Guard when it is not operating as a service
in the Navy.
``(b) A qualified individual referred to in subsection (a) is an
individual who meets each of the following requirements:
``(1) The individual first became a member of the Armed
Forces or first entered on active duty as a member of the Armed
Forces before July 1, 1985.
``(2) The individual has served on active duty without a
break in service since the date the individual first became
such a member or first entered on active duty as such a member.
``(3) The individual is serving on active duty during the
one-year period referred to in subsection (a)(1).
``(4) The individual, before applying for benefits under
this section, has completed the requirements of a secondary
school diploma (or equivalency certificate) or has successfully
completed (or otherwise received academic credit for) the
equivalent of 12 semester hours in a program of education
leading to a standard college degree.
``(5) The individual, when discharged or released from
active duty, is discharged or released therefrom with an
honorable discharge.
``(c)(1) Subject to the succeeding provisions of this subsection,
with respect to a qualified individual who makes an election under this
section to become entitled to basic educational assistance under this
chapter--
``(A) the basic pay of the qualified individual shall be
reduced (in a manner determined by the Secretary concerned)
until the total amount by which such basic pay is reduced is
$2,700; and
``(B) to the extent that basic pay is not so reduced before
the qualified individual's discharge or release from active
duty as specified in subsection (b)(5), at the election of the
qualified individual--
``(i) the Secretary concerned shall collect from
the qualified individual; or
``(ii) the Secretary concerned shall reduce the
retired or retainer pay of the qualified individual by,
an amount equal to the difference between $2,700 and the total
amount of reductions under subparagraph (A), which shall be
paid into the Treasury of the United States as miscellaneous
receipts.
``(2)(A) The Secretary concerned shall provide for an 18-month
period, beginning on the date the qualified individual makes an
election under this section, for the qualified individual to pay that
Secretary the amount due under paragraph (1).
``(B) Nothing in subparagraph (A) shall be construed as modifying
the period of eligibility for and entitlement to basic educational
assistance under this chapter applicable under section 3031 of this
title.
``(d) With respect to qualified individuals referred to in
subsection (c)(1)(B), no amount of educational assistance allowance
under this chapter shall be paid to the qualified individual until the
earlier of the date on which--
``(1) the Secretary concerned collects the applicable
amount under clause (i) of such subsection; or
``(2) the retired or retainer pay of the qualified
individual is first reduced under clause (ii) of such
subsection.
``(e) The Secretary, in conjunction with the Secretary of Defense,
shall provide for notice of the opportunity under this section to elect
to become entitled to basic educational assistance under this
chapter.''.
(b) Conforming Amendments.--Section 3017(b)(1) of such title, as
amended by section 3(b), is further amended in each of subparagraphs
(A), (B), and (C)--
(1) by striking ``or'' before ``3018D(d)''; and
(2) by inserting ``, or 3018E(c)'' before ``of this
title''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 30 of such title, as amended by section 3(c), is further
amended by inserting after the item relating to section 3018D the
following new item:
``3018E. Opportunity for certain active-duty personnel to enroll.''. | Veterans Educational Opportunities Enhancement Act of 2001 - Amends Federal veterans' benefits provisions to allow the basic pay reduction for entitlement to veterans educational assistance under the Montgomery GI Bill to be taken over two years (currently one year).Allows the withdrawal of an election not to receive such assistance during a specified open period for an individual who: (1) first becomes a member or enters into active service on or after the enactment of this Act; (2) continues to serve the period of obligated service without a service break; (3) before completing such period, is discharged or released from duty for a service-connected disability, a preexisting medical condition, a hardship, a physical or mental condition that did not result from the individual's own willful misconduct, or for the convenience of the Government; (4) completes the requirements of a secondary school diploma or equivalency certificate or 12 semester hours toward a standard college degree; and (5) is discharged honorably or placed on one of specified retirement lists. Provides a basic pay reduction for entitlement to such assistance.Provides an opportunity for certain active-duty military personnel who first became a member of the armed forces before July 1, 1985, to enroll for such assistance during an open period under eligibility requirements very similar to those above, and requires a similar basic pay reduction for such assistance. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to extend the period over which an individual must make payment to the Secretary to become entitled to educational assistance under the Montgomery GI Bill, to prospectively permit any servicemember to withdraw an election not to enroll under the Montgomery GI Bill, and to provide for certain servicemembers to become eligible for educational assistance under the Montgomery GI Bill."} | 2,963 | 294 | 0.63133 | 1.733945 | 0.741328 | 2.758755 | 10.7393 | 0.914397 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Citizen Congress Act''.
SEC. 2. LIMITATION ON RETIREMENT COVERAGE FOR MEMBERS OF CONGRESS.
(a) In General.--Notwithstanding any other provision of law,
effective at the beginning of the Congress next beginning after the
date of the enactment of this Act, a Member of Congress shall be
ineligible to participate in the Civil Service Retirement System or the
Federal Employees' Retirement System, except as otherwise provided
under this section.
(b) Participation in the Thrift Savings Plan.--Notwithstanding
subsection (a), a Member may participate in the Thrift Savings Plan
subject to section 8351 if title 5, United States Code, at anytime
during the 12-year period beginning on the date the Member begins his
or her first term.
(c) Refunds of Contributions.--
(1) In general.--Nothing in subsection (a) shall prevent
refunds from being made, in accordance with otherwise
applicable provisions of law (including those relating to the
Thrift Savings Plan), on account of an individual's becoming
ineligible to participate in the Civil Service Retirement
System or the Federal Employees' Retirement System (as the case
may be) as a result of the enactment of this section.
(2) Treatment of refund.--For purposes of any refund
referred to in paragraph (1), a Member who so becomes
ineligible to participate in either of the retirement systems
referred to in paragraph (1) shall be treated in the same way
as if separated from service.
(d) Annuities Not Affected to the Extent Based on Prior Service.--
Subsection (a) shall not be considered to affect--
(1) any annuity (or other benefit) entitlement which is
based on a separation from service occurring before the date of
the enactment of this Act (including any survivor annuity based
on the death of the individual who so separated); or
(2) any other annuity (or benefit), to the extent provided
under subsection (e).
(e) Preservations of Rights Based on Prior Service.--
(1) In general.--For purposes of determining eligibility
for, or the amount of, any annuity (or other benefit) referred
to in subsection (d)(2) based on service as a Member of
Congress--
(A) all service as a Member of Congress shall be
disregarded except for any such service performed
before the date of the enactment of this Act; and
(B) all pay for service performed as a Member of
Congress shall be disregarded other than pay for
service which may be taken into account under
subparagraph (A).
(2) Preservation of rights.--To the extent practicable,
eligibility for, and the amount of, any annuity (or other
benefit) to which an individual is entitled based on a
separation of a Member of Congress occurring after such Member
becomes ineligible to participate in the Civil Service
Retirement System or the Federal Employees' Retirement System
(as the case may be) by reason of subsection (a) shall be
determined in a manner that preserves any rights to which the
Member would have been entitled, as of the date of the
enactment of this Act, had separation occurred on such date.
(f) Regulations.--Any regulations necessary to carry out this
section may be prescribed by the Office of Personnel Management and the
Executive Director (referred to in section 8401(13) of title 5, United
States Code) with respect to matters within their respective areas of
responsibility.
(g) Definition.--In this section, the terms ``Member of Congress''
and ``Member'' have the meaning of the term ``Member'' as defined under
section 8331(2) or 8401(20) of title 5, United States Code.
(h) Rule of Construction.--Nothing in this section shall be
considered to apply with respect to any savings plan or other matter
outside of subchapter III of chapter 83 or chapter 84 of title 5,
United States Code.
SEC. 3. DISCLOSURE OF ESTIMATES OF FEDERAL RETIREMENT BENEFITS OF
MEMBERS OF CONGRESS.
(a) In General.--Section 105(a) of the Legislative Branch
Appropriations Act, 1965 (2 U.S.C. 104a; Public Law 88-454; 78 Stat.
550) is amended by adding at the end the following new paragraph:
``(5) The Secretary of the Senate and the Clerk of the House of
Representatives shall include in each report submitted under paragraph
(1), with respect to Members of Congress, as applicable--
``(A) the total amount of individual contributions made by
each Member to the Civil Service Retirement and Disability Fund
and the Thrift Savings Fund under chapters 83 and 84 of title
5, United States Code, for all Federal service performed by the
Member as a Member of Congress and as a Federal employee;
``(B) an estimate of the annuity each Member would be
entitled to receive under chapters 83 and 84 of such title
based on the earliest possible date to receive annuity payments
by reason of retirement (other than disability retirement)
which begins after the date of expiration of the term of office
such Member is serving; and
``(C) any other information necessary to enable the public
to accurately compute the Federal retirement benefits of each
Member based on various assumptions of years of service and age
of separation from service by reason of retirement.''.
(b) Effective Date.--This section shall take effect 1 year after
the date of the enactment of this Act.
SEC. 4. ELIMINATION OF AUTOMATIC ANNUITY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
The portion of the annuity of a Member of Congress which is based
solely on service as a Member of Congress shall not be subject to a
cost-of-living adjustment under section 8340 or 8462 of title 5, United
States Code.
SEC. 5. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS FOR MEMBERS OF
CONGRESS.
(a) Pay Adjustments.--Paragraph (2) of section 601(a) of the
Legislative Reorganization Act of 1946 (2 U.S.C. 31) is repealed.
(b) Conforming Amendment.--Section 601(a)(1) of such Act is
amended--
(1) by striking ``(a)(1)'' and inserting ``(a)'';
(2) by redesignating subparagraphs (A), (B), and (C) as
paragraphs (1), (2), and (3), respectively; and
(3) by striking ``, as adjusted by paragraph (2) of this
subsection''.
SEC. 6. ROLLCALL VOTE FOR ANY CONGRESSIONAL PAY RAISE.
It shall not be in order in the Senate or the House of
Representatives to dispose of any amendment, bill, resolution, motion,
or other matter relating to the pay of Members of Congress unless the
matter is decided by a rollcall vote. | Allows Members to participate in the Thrift Savings Plan during the 12-year period beginning on the date the Member begins his or her first term. Permits refunds to be made in accordance with otherwise applicable law on account of an individual becoming ineligible to participate in CSRS or FERS as a result of this Act's enactment (provides that, for purposes of any such refund, a Member who becomes ineligible to participate in either of the retirement systems shall be treated as if separated from service).
Sets forth provisions regarding: (1) annuities; and (2) preservation of rights based on prior service.
Amends the Legislative Branch Appropriations Act, 1965 to provide for the disclosure of information necessary to enable the public to accurately compute the Federal retirement benefits of each Member based on various assumptions of years of service and age of separation from service by reason of retirement.
Eliminates for Members automatic: (1) annuity cost-of-living adjustments; and (2) pay adjustments under the Legislative Reorganization Act of 1946.
Requires a roll call vote for any matter relating to congressional pay. | {"src": "billsum_train", "title": "Citizen Congress Act"} | 1,580 | 250 | 0.585608 | 1.688656 | 0.828759 | 4.613208 | 6.533019 | 0.933962 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicaid Third Party Liability
Act''.
SEC. 2. MEDICAID THIRD PARTY LIABILITY.
(a) Clarification of Definitions Applicable to Third Party
Liability.--
(1) In general.--Section 1902 of the Social Security Act
(42 U.S.C. 1396a) is amended by adding at the end the following
new subsection:
``(nn) For purposes of subsection (a)(25) and section
1903(d)(2)(B), the term `responsible third party' means a health
insurer (including a group health plan, as defined in section 607(1) of
the Employee Retirement Income Security Act of 1974, a self-insured
plan, a fully-insured plan, a service benefit plan, a managed care
organization, a pharmacy benefit manager, and any other health plan
determined appropriate by the Secretary), the TRICARE program under
chapter 55 of title 10, United States Code, an accountable care
organization, or any other party that is, by statute, contract, or
agreement, legally responsible for payment of a claim for a health care
item or service.''.
(2) Conforming amendments.--Section 1902(a)(25) of the
Social Security Act (42 U.S.C. 1396a(a)(25)) is amended--
(A) in subparagraph (A), in the matter preceding
clause (i), by striking ``third parties'' and all that
follows through ``item or service)'' and inserting
``responsible third parties'';
(B) in subparagraph (G), by striking ``health
insurer'' and all that follows through ``item or
service)'' and inserting ``responsible third party'';
(C) in subparagraph (I), in the matter preceding
clause (i), by striking ``health insurers'' and all
that follows through ``item or service'' and inserting
``responsible third parties''; and
(D) by inserting ``responsible'' before ``third''
each place it appears in subparagraphs (A)(i), (A)(ii),
(C), (D), and (H).
(b) 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).
(c) Clarification of Role of Health Insurers With Respect to Third
Party Liability.--
(1) In general.--Section 1902(a)(25) of the Social Security
Act (42 U.S.C. 1396a(a)(25)), as amended by subsection (b), is
further amended by inserting after subparagraph (D) the
following new subparagraphs:
``(E) that, in the case of a State that provides
medical assistance under this title through a contract
with a health insurer (including a group health plan,
as defined in section 607(1) of the Employee Retirement
Income Security Act of 1974, a self-insured plan, a
fully-insured plan, a service benefit plan, a managed
care organization, a pharmacy benefit manager, and any
other health plan determined appropriate by the
Secretary), such contract shall specify whether the
State is--
``(i) delegating to such insurer all or
some of its right of recovery from a
responsible third party for an item or service
for which payment has been made under the State
plan (or under a waiver of the plan); and
``(ii) transferring to such insurer all or
some of the assignment to the State of any
right of an individual or other entity to
payment from a responsible third party for an
item or service for which payment has been made
under the State plan (or under a waiver of the
plan);
``(F) that, in the case of a State that elects an
option described in clause (i) or (ii) of subparagraph
(E) with respect to a health insurer (including a group
health plan, as defined in section 607(1) of the
Employee Retirement Income Security Act of 1974, a
self-insured plan, a fully-insured plan, a service
benefit plan, a managed care organization, a pharmacy
benefit manager, and any other health plan determined
appropriate by the Secretary), the State shall provide
assurances to the Secretary that the State laws
referred to in subparagraph (I) confer to the health
insurer the authority of the State with respect to the
requirements specified in clauses (i) through (iv) of
such subparagraph;''.
(2) 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 responsible third
party to health insurers (including group health plans, as
defined in section 607(1) of the Employee Retirement Income
Security Act of 1974, self-insured plans, fully-insured plans,
service benefit plans, managed care organizations, pharmacy
benefit managers, and any other health plan determined
appropriate by the Secretary) pursuant to section
1902(a)(25)(E) shall be treated in the same manner as
reimbursements made to a State under the previous sentence.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2017.
(d) Increasing State Flexibility With Respect to Third Party
Liability.--Section 1902(a)(25)(I) of the Social Security Act (42
U.S.C. 1396a(a)(25)(I)) is amended--
(1) in clause (i), by striking ``medical assistance under
the State plan'' and inserting ``medical assistance under a
State plan (or under a waiver of the plan)'';
(2) by striking clause (ii) and inserting the following new
clause:
``(ii) accept--
``(I) any State's right of recovery
and the assignment to any State of any
right of an individual or other entity
to payment from the party for an item
or service for which payment has been
made under the respective State's plan
(or under a waiver of the plan); and
``(II) as a valid authorization of
the responsible third party for the
furnishing of an item or service to an
individual eligible to receive medical
assistance under this title, an
authorization made on behalf of such
individual under the State plan (or
under a waiver of such plan) for the
furnishing of such item or service to
such individual;'';
(3) in clause (iii)--
(A) by striking ``respond to'' and inserting ``not
later than 60 days after receiving''; and
(B) by striking ``; and'' at the end and inserting
``, respond to such inquiry; and''; and
(4) in clause (iv), by inserting ``a failure to obtain a
prior authorization,'' after ``claim form,''.
(e) 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 subsection (c)(2), is amended by adding
at the end the following: ``In the case of expenditures for medical
assistance provided during 2017 and subsequent years for individuals
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 medical assistance, the Secretary shall apply the
Federal medical assistance percentage for the State under section
1905(b), notwithstanding the application of section 1905(y).''.
SEC. 3. COMPLIANCE WITH THIRD PARTY INSURANCE REPORTING.
(a) In General.--Section 1903 of the Social Security Act (42 U.S.C.
1396b) is amended by inserting after subsection (m) the following new
subsection:
``(n)(1) For any year beginning after 2020 (except as provided in
paragraph (2)), unless a State complies with the requirements of
section 1902(a)(25) with respect to each calendar quarter in such year,
the Federal medical assistance percentage shall be reduced by 1
percentage point for calendar quarters in each subsequent year in which
the State fails to so comply (and cumulatively for a failure to so
comply for a period of consecutive years).
``(2) Notwithstanding paragraph (1), the reduction in the Federal
medical assistance percentage shall apply--
``(A) in the case of a failure of the State to comply with
the requirements of section 1902(a)(25) with respect to payment
for items and services furnished to individuals described in
subclause (VIII) of section 1902(a)(10)(A)(i), for any year
beginning after 2018; and
``(B) in the case of a failure of the State to comply with
the requirements of section 1902(a)(25) with respect to payment
for items and services furnished to individuals described in
subdivision (i), (iii), or (iv) of section 1905(a), for any
year beginning after 2019.''.
(b) Verification of Insurance Status Required.--
(1) In general.--Section 1902(a)(25)(A)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(25)(A)(i)) is amended by
inserting ``, including the collection of, with respect to an
individual seeking to receive medical assistance under this
title, information on whether the individual has health
insurance coverage provided through a health insurer (as
described in section 1902(nn)) and the plan of such insurer in
which the individual is enrolled'' after ``sufficient
information''.
(2) FFP unavailable without insurance status
verification.--Section 1903(i)(25) of the Social Security Act
(42 U.S.C. 1396b(i)(25)) is amended--
(A) by striking ``with respect to'' and inserting
``(A) with respect to''; and
(B) by inserting before the semicolon at the end
the following: ``and (B) with respect to any amounts
expended for medical assistance for individuals for
whom the State has not obtained and verified, in
accordance with section 1902(a)(25)(A)(i), information
on whether such an individual has health insurance
coverage provided through a health insurer (as
described in section 1902(nn)) and the plan of such
insurer in which the individual is enrolled''.
SEC. 4. APPLICATION TO CHIP.
(a) In General.--Section 2107(e)(1) of the Social Security Act (42
U.S.C. 1397gg(e)(1)) is amended--
(1) by redesignating subparagraphs (B) through (R) as
subparagraphs (C) through (S), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) Section 1902(a)(25) (relating to third party
liability).''.
(b) Mandatory Reporting.--Section 1902(a)(25)(I)(i) of the Social
Security Act (42 U.S.C. 1396a(a)(25)(I)(i)), as amended by section
1(d), is further amended--
(1) by striking ``(and, at State option, child'' and
inserting ``and child''; and
(2) by striking ``title XXI)'' and inserting ``title XXI''.
SEC. 5. TRAINING ON THIRD PARTY LIABILITY.
Section 1936 of the Social Security Act (42 U.S.C. 1396u-6) is
amended--
(1) in subsection (b)(4), by striking ``and quality of
care'' and inserting ``, quality of care, and the liability of
responsible third parties (as defined in section 1902(nn))'';
and
(2) by adding at the end the following new subsection:
``(f) Third Party Liability Training.--With respect to education or
training activities carried out pursuant to subsection (b)(4) with
respect to the liability of responsible third parties (as defined in
section 1902(nn) for payment for items and services furnished under
State plans (or under waivers of such plans)) under this title, the
Secretary shall--
``(1) publish (and update on an annual basis) on the public
Internet website of the Centers for Medicare & Medicaid
Services a dedicated Internet page containing best practices to
be used in assessing such liability;
``(2) monitor efforts to assess such liability and analyze
the challenges posed by that assessment;
``(3) distribute to State agencies administering the State
plan under this title information related to such efforts and
challenges; and
``(4) provide guidance to such State agencies with respect
to State oversight of efforts by medicaid managed care
organizations (as defined in section 1903(m)(1)) to assess such
liability.''.
SEC. 6. DEVELOPMENT OF MODEL UNIFORM FIELDS FOR STATES TO REPORT THIRD
PARTY INFORMATION.
Not later than January 1, 2018, 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 responsible third parties
(as defined in subsection (nn) of section 1902 of the Social Security
Act (42 U.S.C. 1396a)) and other relevant information for ascertaining
the legal responsibility of such third parties to pay for care and
services available under the State plan (or under a waiver of the plan)
under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.).
SEC. 7. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act (other than as specified in the
preceding provisions of 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. | Medicaid Third Party Liability Act This bill alters provisions related to third-party liability for medical assistance paid under the Medicaid program. Specifically, with respect to such liability, the bill: expands the definition of "responsible third party" to include, among other health insurers, the TRICARE program; eliminates special rules with respect to certain services provided to children; requires the inclusion, in a contract between a state Medicaid program and a health insurer, of certain information regarding whether the state is delegating or transferring to the insurer a right of third-party recovery; provides for the treatment as overpayment of reimbursements made by a responsible third party to a health insurer; disallows a responsible third party from denying a state's claim solely on the basis of a failure to obtain a prior authorization; imposes a timeline for a responsible third party to respond to a state's inquiry regarding a claim for payment; provides for reductions to a state Medicaid program's federal matching rate if the state fails to comply with third-party insurance requirements; and modifies other provisions related to third-party liability under the Medicaid program. Third-party liability requirements applicable under Medicaid shall also apply under the Children's Health Insurance Program (CHIP). The Centers for Medicare & Medicaid Services must: publish on its website, and annually update, best practices for assessing third-party liability; monitor and analyze efforts to assess that liability; in consultation with states, develop and make available a model uniform reporting field for identifying information related to responsible third parties; and provide other specified information and guidance to states. | {"src": "billsum_train", "title": "Medicaid Third Party Liability Act"} | 3,530 | 446 | 0.455456 | 1.597442 | 0.641554 | 1.837748 | 9.927152 | 0.824503 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Gulf Coast Housing Accessibility Act
of 2006''.
SEC. 2. PROJECT-BASED VOUCHERS.
(a) In General.--The Secretary of Housing and Urban Development (in
this Act referred to as the ``Secretary'') shall allocate additional
assistance for project-based housing vouchers under section 8(o)(13) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) for
individuals and households located within the area in which assistance
to individuals has been authorized by the President under a declaration
of a major disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as a consequence of Hurricane Katrina, Rita,
or Wilma of 2005.
(b) Authorized Uses.--The Secretary shall make funds available
under this section for project-based vouchers used to support--
(1) affordable housing in repaired or rebuilt housing that
has been damaged or destroyed as a consequence of Hurricane
Katrina, Rita, or Wilma of 2005; or
(2) to support affordable housing in new housing structures
in the affected areas created under the low income housing tax
credit under section 42 or section 1400N(c) of the Internal
Revenue Code of 1986.
(c) Funds.--
(1) In general.--Of amounts authorized under this section,
funds shall be made available for 4,500 project-based vouchers
for--
(A) support of housing units for persons, including
adults and children, with disabilities;
(B) elderly families; and
(C) individuals and families who were homeless
prior to the occurrence of the disaster.
(2) Definitions.--As used in this subsection:
(A) Disability.--The term ``disability'' has the
same meaning as in section 422(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11382(2)).
(B) Homeless.--The term ``homeless'' has the same
meaning as the term ``homeless children and youths'' as
defined in section 725(2) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2)), except
that such term shall also include any adult individual
who is homeless.
(d) Requests for Assistance.--The Secretary shall award the
project-based vouchers authorized under this section to a State agency
designated by the Governor of the State, upon submission of a request
to the Secretary, in such form and containing such information as the
Secretary may require. If a State agency is unable to provide such a
request, a local housing agency may submit the request for funds to
implement project-based vouchers under this section. If a State agency
enters into an agreement with 1 or more local housing agencies to
transfer the administration of vouchers after commitment to a
particular development, the Secretary shall make the appropriate
transfer.
(e) Exemption From Certain Limitations.--The limitation provided
for in section 8(o)(13)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)(13)(B)) shall not apply to the project-based vouchers
allocated and administered under this section.
(f) Authorization of Funds.--
(1) In general.--There are authorized to be appropriated to
the Secretary $200,000,000 for purposes of allocating and
administering project-based assistance under section 8(o)(13)
of the United States Housing Act of 1937 (42 U.S.C.
1437f(o)(13)), which shall remain available until expended.
(2) Purpose.--Such funds are authorized for the purpose of
ensuring that 25 percent of the units created, repaired, or
refurbished under the low income housing tax credit under
section 42 or section 1400N(c) of the Internal Revenue Code of
1986, are affordable to very low-income and extremely low-
income individuals and households.
(g) Effective Date.--This section shall become effective upon
appropriation of the necessary funds to carry out this section.
(h) Offset.--Section 843(a) of title 18, United states Code, is
amended by--
(1) inserting ``(1)'' after ``(a)''; and
(2) adding at the end the following:
``(2) The Attorney General shall collect a user fee from each
licensee under this section of $0.02 per pound for any commercial, non-
military explosive material manufactured in or imported into the United
States by that licensee.''.
SEC. 3. FEMA HOUSING ASSISTANCE.
(a) Amendments to Stafford Disaster Relief and Emergency Assistance
Act.--Section 408(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5174(c)(1)) is amended--
(1) in the paragraph heading, by inserting ``semipermanent,
and permanent'' after ``temporary''; and
(2) in subparagraph (B)
(A) in clause (i)--
(i) by inserting ``semipermanent, and
permanent'' after ``temporary''; and
(ii) by inserting ``subject to certain
conditions outlined below'' after ``units'';
(B) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv), respectively; and
(C) by inserting after clause (i) the following:
``(ii) Conditions for providing temporary,
semipermanent, and permanent housing units.--
``(I) In general.--When determining
whether to provide temporary,
semipermanent, or permanent housing
under clause (i), the President shall
examine certain conditions, including--
``(aa) the relative cost
efficiency of providing the
housing units;
``(bb) the likelihood that
individuals and families will
be living in Federal Emergency
Management Agency (in this
subparagraph referred to as
`FEMA') assisted housing longer
than 3 to 6 months, due to the
scope of the disaster where
individuals and households are
located;
``(cc) the potential
benefits of providing housing
that will help to restore
permanent housing stock lost as
a result of the disaster; and
``(dd) any other conditions
that the President deems
necessary to examine, depending
on the scope of the disaster
and the subsequent rebuilding
and recovery process.
``(II) Meeting needs.--When
providing temporary, semipermanent, or
permanent housing units under clause
(i), the President shall ensure that--
``(aa) an adequate share of
the housing units will be
deployed to meet the needs of
predisaster renters, especially
low-income households;
``(bb) that the deployment
of the housing units will
minimize the concentration of
poverty;
``(cc) that an adequate
share of the housing units is
accessible for persons with
disabilities, as that term is
defined in section 422(2) of
the McKinney-Vento Homeless
Assistance Act (42 U.S.C.
11382(2)); and
``(dd) the housing units
will be placed within a
reasonable distance from needed
services, such as access to
transportation, employment
opportunities, health care
facilities, schools, day care
services, and financial and
employment counseling.''.
(b) Effective Date.--This section and the amendments made by this
section shall apply with respect to individuals and households
affected--
(1) by a disaster to which section 408(c)(1) of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5174(c)(1)) would otherwise apply, occurring on or after
the date of enactment of this Act; and
(2) by the consequences of Hurricanes Katrina, Rita, and
Wilma of 2005.
SEC. 4. TRANSFER OF TEMPORARY RENTAL ASSISTANCE.
(a) In General.--The Director of the Federal Emergency Management
Agency (in this section referred to as the ``Director'' and ``FEMA'',
respectively) shall enter into a mission assignment with the Secretary
to transfer adequate funds from FEMA Disaster Relief Funds into the
Disaster Voucher Program at the Department of Housing and Urban
Development in order to fully implement subsection (b).
(b) Transfers.--The Director shall ensure that the following
individuals and households are transferred into the Disaster Voucher
Program:
(1) Individuals and households receiving assistance through
FEMA's transitional housing program authorized under section
408 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174) .
(2) Individuals and households receiving assistance
through--
(A) rental assistance programs administered through
State and local voucher programs that receive
reimbursement from FEMA; or
(B) any other program authorized under section 403
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b).
(c) State and Local Governments.--FEMA shall work with State and
local governments, as well as private entities providing services, to
ensure that proper notice and assistance is provided to individuals and
households, while the transfer under this section is completed.
(d) Opt-Out Provision.--Individuals and families receiving FEMA
housing assistance under subsection (b) may opt-out of the transfer to
the Disaster Voucher Program authorized in subsection (a).
(e) Applicability.--This section shall apply with respect to
individuals and households affected--
(1) by a disaster occurring on or after the date of
enactment of this Act; and
(2) by the consequences of Hurricanes Katrina, Rita, and
Wilma of 2005. | Gulf Coast Housing Accessibility Act of 2006 - Directs the Secretary of Housing and Urban Development to allocate additional assistance for project-based housing vouchers for individuals and households located within the disaster areas of Hurricane Katrina, Rita, or Wilma of 2005.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to set forth conditions for providing permanent and semipermanent housing units.
Instructs the Director of the Federal Emergency Management Agency (FEMA) to: (1) enter into a mission assignment with the Secretary for a transfer of FEMA Disaster Relief Funds into the Disaster Voucher Program at the Department of Housing and Urban Development; and (2) transfer into the Disaster Voucher Program individuals and households receiving transitional housing, rental, or other related assistance.
Permits such individuals and families to opt-out of such a transfer. | {"src": "billsum_train", "title": "A bill to enhance housing and emergency assistance to victims of Hurricanes Katrina, Rita, and Wilma of 2005, and for other purposes."} | 2,180 | 182 | 0.5481 | 1.530974 | 0.746153 | 4.229299 | 12.095541 | 0.955414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reservist's Employer Support
Paycheck Enhancement Act of 2006''.
SEC. 2. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE
SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE
NATIONAL GUARD.
(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. 45N. EMPLOYER CREDIT FOR COMPENSATION PAID TO EMPLOYEES WHILE
SERVING ON ACTIVE DUTY AS MEMBERS OF READY RESERVE OR THE
NATIONAL GUARD AND FOR COMPENSATION PAID TO TEMPORARY
REPLACEMENT EMPLOYEES.
``(a) General Rule.--For purposes of section 38, in the case of an
employer, the employer Ready Reserve-National Guard active duty credit
determined under this section for the taxable year is an amount equal
to--
``(1) 50 percent of the compensation paid or incurred to
each Ready Reserve-National Guard employee of the taxpayer
while the employee is absent from employment while performing
qualified active duty, and
``(2) 50 percent of the compensation paid or incurred to
each qualified replacement employee of the taxpayer.
``(b) Limitation Applicable to Ready Reserve-National Guard
Employees.--
``(1) In general.--The amount of compensation taken into
account under subsection (a) for any period of qualified active
duty with respect to a Ready Reserve-National Guard employee
shall not exceed the active duty wage differential of such
employee for such period.
``(2) Active duty wage differential.--
``(A) In general.--For purposes of paragraph (1),
the active duty wage differential of a Ready Reserve-
National Guard employee for any period of qualified
active duty is the amount equal to the product of--
``(i) the daily wage differential of such
employee for such period, multiplied by
``(ii) the number of days that such
employee is on qualified active duty during
such period.
``(B) Daily wage differential.--For purposes of
subparagraph (A), the daily wage differential of a
Ready Reserve-National Guard employee for any period is
an amount equal to the excess of--
``(i) such employee's average daily
employer-provided compensation for such period,
over
``(ii) such employee's average daily
military pay for such period.
``(C) Average daily employer-provided
compensation.--
``(i) In general.--For purposes of
subparagraph (B), an employee's average daily
employer-provided compensation for any period
is the average daily compensation paid by the
employer to the employee for the 1-year period
ending on the day before the date that the
employee begins qualified active duty, adjusted
for cost-of-living and other increases
generally applicable to employees of the
employer for such period.
``(ii) Employer-provided compensation.--The
term `compensation' means any remuneration for
employment, whether in cash or in kind, which
is allowable as a deduction under section
162(a)(1).
``(D) Average daily military pay.--
``(i) In general.--For purposes of
subparagraph (B), a Ready Reserve-National
Guard employee's average daily military pay is
the average daily military pay and allowances
received by the employee on account of the
employees's performance of qualified active
duty during the period.
``(ii) Military pay and allowances.--For
purposes of clause (i)--
``(I) Military pay.--The term
`military pay' means pay (as defined in
section 101(21) of title 37, United
States Code).
``(II) Allowances.--The term
`allowances' means the allowances
payable to a member of the Armed Forces
of the United States under chapter 7 of
such title.
``(c) Limitation Applicable to Qualified Replacement Employees.--
``(1) In general.--The amount of compensation taken into
account under subsection (a) with respect to any qualified
replacement employee for any period shall not exceed the amount
equal to the product of--
``(A) the average daily employer-provided
compensation for such period of the Ready Reserve-
National Guard employee being replaced by such
replacement employee for such period, and
``(B) the number of days that the Ready Reserve-
National Guard employee is on qualified active duty
during such period.
``(d) Definitions.--For purposes of this section--
``(1) Ready reserve-national guard employee.--
``(A) In general.--The term `Ready Reserve-National
Guard employee' means any employee--
``(i) who is a member of the Ready Reserve
or of the National Guard, and
``(ii) who was an employee of the taxpayer
during the 1-year period ending on the day
before the date that the employee begins
qualified active duty.
``(B) National guard.--The term `National Guard'
has the meaning given such term by section 101(c)(1) of
title 10, United States Code.
``(C) Ready reserve.--The term `Ready Reserve' has
the meaning given such term by section 10142 of title
10, United States Code.
``(2) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty under an order or call for a
period in excess of 90 days or for an indefinite
period, other than the training duty specified in--
``(i) section 10147 of title 10, United
States Code (relating to training requirements
for the Ready Reserve), or
``(ii) section 502(a) of title 32, United
States Code (relating to required drills and
field exercises for the National Guard), in
connection with which an employee is entitled
to reemployment rights and other benefits or to
a leave of absence from employment under
chapter 43 of title 38, United States Code, and
``(B) hospitalization incident to such active duty.
``(3) Qualified replacement employee.--The term `qualified
replacement employee' means any employee who is hired by the
taxpayer to replace a Ready Reserve-National Guard employee
during a period of qualified active duty.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code (relating to certain expenses for which credits are
allowable) is amended by inserting ``45N(a),'' after ``45A(a),''
(c) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code (relating to general business credit) is
amended by striking ``and'' at the end of paragraph (29), by striking
the period at the end of paragraph (30) and inserting ``, and'', and by
inserting after paragraph (30) the following new paragraph:
``(31) in the case of an employer, the employer Ready
Reserve-National Guard employee credit determined under section
45N(a).''.
(d) Conforming Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 45M the following new
item:
``Sec. 45N. Employer credit for compensation paid to employees while
serving on active duty as members of Ready
Reserve or the National Guard and for
compensation paid to temporary replacement
employees.''.
(e) Effective Date.--The amendments made by this section shall
apply to periods of qualified active duty (as defined in section 45N(d)
of the Internal Revenue Code of 1986, as added by this section) in
taxable years beginning after December 31, 2005.
(f) Information on Military Pay and Allowances.--The Secretary
concerned (as defined in section 101 of title 10, United States Code)
shall provide to employers and the Secretary of the Treasury such
information as is necessary to determine the proper amount of credit
allowable to employers under such section 45N. | Reservist's Employer Support Paycheck Enhancement Act of 2006 - Amends the Internal Revenue Code to allow employers a tax credit for 50% of the wages paid to their employees on active military duty for more than 90 days as Ready Reserve or National Guard and for 50% of the wages paid to temporary replacement employees. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow employers a credit against income tax equal to 50 percent of the compensation paid to employees while they are performing active duty service as members of the Ready Reserve or the National Guard and of the compensation paid to temporary replacement employees."} | 1,848 | 68 | 0.576742 | 1.306246 | 0.718087 | 2.338983 | 28.20339 | 0.847458 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Middle East Peace Facilitation Act
of 1995''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) the Palestine Liberation Organization (hereafter the
``PLO'') has recognized the State of Israel's right to exist in
peace and security; accepted United Nations Security Council
Resolutions 242 and 338; committed itself to the peace process
and peaceful coexistence with Israel, free from violence and
all other acts which endanger peace and stability; and assumed
responsibility over all PLO elements and personnel in order to
assure their compliance, prevent violations, and discipline
violators;
(2) Israel has recognized the PLO as the representative of
the Palestinian people;
(3) Israel and the PLO signed a Declaration of Principles
on Interim Self-Government Arrangements (hereafter the
``Declaration of Principles'') on September 13, 1993, at the
White House;
(4) Israel and PLO signed an agreement on the Gaza Strip
and the Jericho Area (hereafter the ``Gaza-Jericho Agreement'')
on May 4, 1994, which established a Palestinian Authority for
the Gaza and Jericho areas;
(5) Israel and the PLO signed an Agreement on Preparatory
Transfer of Powers and Responsibilities (hereafter the ``Early
Empowerment Agreement'') on August 29, 1994, which provided for
the transfer to the Palestinian Authority of certain powers and
responsibilities in the West Bank outside of the Jericho area;
(6) under the terms of the Declaration of Principles, the
Gaza-Jericho Agreement and the Early Empowerment Agreement, the
powers and responsibilities of the Palestinian Authority are to
be assumed by an elected Palestinian Council with jurisdiction
in the West Bank and Gaza Strip in accordance with the interim
agreement to be concluded between Israel and the PLO;
(7) permanent status negotiations relating to the West Bank
and Gaza Strip are scheduled to begin by May 1996;
(8) the Congress has, since the conclusion of the
Declaration of Principles and the PLO's renunciation of
terrorism, provided authorities to the President to suspend
certain statutory restrictions relating to the PLO, subject to
Presidential certifications that the PLO has continued to abide
by commitments made in and in connection with or resulting from
the good faith implementation of the Declaration of Principles;
(9) the PLO commitments relevant to Presidential
certifications have included commitments to renounce and
condemn terrorism, to submit to the Palestinian National
Council for formal approval the necessary changes to those
articles of the Palestinian Covenant which call for Israel's
destruction, and to prevent acts of terrorism and hostilities
against Israel; and
(10) the President, in exercising the aforementioned
authorities, has certified to the Congress on four occasions
that the PLO was abiding by its relevant commitments.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that although the PLO has recently
shown improvement in its efforts to fulfill its commitments, it must do
far more to demonstrate an irrevocable denunciation of terrorism and
ensure a peaceful settlement of the Middle East dispute, and in
particular it must--
(1) submit to the Palestine National Council for formal
approval the necessary changes to those articles of the
Palestinian National Covenant which call for Israel's
destruction;
(2) make greater efforts to preempt acts of terror, to
discipline violators and to contribute to stemming the violence
that has resulted in the deaths of 123 Israeli citizens since
the signing of the Declaration of Principles;
(3) prohibit participation in its activities and in the
Palestinian Authority and its successors by any groups or
individuals which continue to promote and commit acts of
terrorism;
(4) cease all anti-Israel rhetoric, which potentially
undermines the peace process;
(5) confiscate all unlicensed weapons and restrict the
issuance of licenses to those with legitimate need;
(6) transfer and cooperate in transfer proceedings relating
to any person accused by Israel of acts of terrorism; and
(7) respect civil liberties, human rights, and democratic
norms.
SEC. 4. AUTHORITY TO SUSPEND CERTAIN PROVISIONS.
(a) In General.--Subject to subsection (b), beginning on the date
of enactment of this Act and for 18 months thereafter the President may
suspend for a period of not more than 6 months at a time any provision
of law specified in subsection (d). Any such suspension shall cease to
be effective after 6 months, or at such earlier date as the President
may specify.
(b) Conditions.--
(1) Consultations.--Prior to each exercise of the authority
provided in subsection (a) or certification pursuant to
subsection (c), the President shall consult with the relevant
congressional committees. The President may not exercise that
authority or make such certification until 30 days after a
written policy justification is submitted to the relevant
congressional committees.
(2) Presidential certification.--The President may exercise
the authority provided in subsection (a) only if the President
certifies to the relevant congressional committees each time he
exercises such authority that--
(A) it is in the national interest of the United
States to exercise such authority;
(B) the PLO continues to comply with all the
commitments described in paragraph (4); and
(C) funds provided pursuant to the exercise of this
authority and the authorities under section 583(a) of
Public Law 103-236 and section 3(a) of Public Law 103-
125 have been used for the purposes for which they were
intended.
(3) Requirements for continuing plo compliance.--
(A) The President shall ensure that PLO performance
is continuously monitored and if the President at any
time determines that the PLO has not continued to
comply with all the commitments described in paragraph
(4), he shall so notify the appropriate congressional
committees and any suspension under subsection (a) of a
provision of law specified in subsection (d) shall
cease to be effective.
(B) Beginning 6 months after the date of enactment
of this Act, if the President on the basis of the
continuous monitoring of the PLO's performance
determines that the PLO is not complying with the
requirements described in subsection (c), he shall so
notify the appropriate congressional committees and no
assistance shall be provided pursuant to the exercise
by the President of the authority provided by
subsection (a) until such time as the President makes
the certification provided for in subsection (c).
(4) PLO commitments described.--The commitments referred to
in paragraphs (2) and (3)(A) are the
commitments made by the PLO--
(A) in its letter of September 9, 1993, to the
Prime Minister of Israel; in its letter of September 9,
1993, to the Foreign Minister of Norway to--
(i) recognize the right of the State of
Israel to exist in peace and security;
(ii) accept United Nations Security Council
Resolutions 242 and 338;
(iii) renounce the use of terrorism and
other acts of violence;
(iv) assume responsibility over all PLO
elements and personnel in order to assure their
compliance, prevent violations, and discipline
violators;
(v) call upon the Palestinian people in the
West Bank and Gaza Strip to take part in the
steps leading to the normalization of life,
rejecting violence and terrorism, and
contributing to peace and stability; and
(vi) submit to the Palestine National
Council for formal approval the necessary
changes to the Palestinian National Covenant
eliminating calls for Israel's destruction, and
(B) in, and resulting from, the good faith
implementation of the Declaration of Principles,
including good faith implementation of subsequent
agreements with Israel, with particular attention to
the objective of preventing terrorism, as reflected in
the provisions of the Gaza-Jericho Agreement
concerning--
(i) prevention of acts of terrorism and
legal measures against terrorists;
(ii) abstention from and prevention of
incitement, including hostile propaganda;
(iii) operation of armed forces other than
the Palestinian police;
(iv) possession, manufacture, sale,
acquisition or importation of weapons;
(v) employment of police who have been
convicted of serious crimes or have been found
to be actively involved in terrorist activities
subsequent to their employment;
(vi) transfers to Israel of individuals
suspected of, charged with, or convicted of an
offense that falls within Israeli criminal
jurisdiction;
(vii) cooperation with the Government of
Israel in criminal matters, including
cooperation in the conduct of investigations;
and
(viii) exercise of powers and
responsibilities under the agreement with due
regard to internationally accepted norms and
principles of human rights and the rule of law.
(5) Policy justification.--As part of the President's
written policy justification to be submitted to the relevant
congressional committees pursuant to paragraph (1), the
President will report on--
(A) the manner in which the PLO has complied with
the commitments specified in paragraph (4), including
responses to individual acts of terrorism and violence,
actions to discipline perpetrators of terror and
violence, and actions to preempt acts of terror and
violence;
(B) the extent to which the PLO has fulfilled the
requirements specified in subsection (c);
(C) actions that the PLO has taken with regard to
the Arab League boycott of Israel;
(D) the status and activities of the PLO office in
the United States; and
(E) the status of United States and international
assistance efforts in the areas subject to jurisdiction
of the Palestinian Authority or its successors.
(c) Requirement for Continued Provision of Assistance.--Six months
after the enactment of this Act, no assistance shall be provided
pursuant to the exercise by the President of the authority provided by
subsection (a), unless and until the President determines and so
certifies to the Congress that--
(1) if the Palestinian Council has been elected and assumed
its responsibilities, it has, within a reasonable time,
effectively disavowed the articles of the Palestine National
Covenant which call for Israel's destruction, unless the
necessary changes to the Covenant have already been submitted
to the Palestine National Council for formal approval;
(2) the PLO has exercised its authority resolutely to
establish the necessary enforcement institutions; including
laws, police, and a judicial system, for apprehending,
prosecuting, convicting, and imprisoning terrorists;
(3) the PLO has limited participation in the Palestinian
Authority and its successors to individuals and groups in
accordance with the terms that may be agreed with Israel;
(4) the PLO has not provided any financial or material
assistance or training to any group, whether or not affiliated
with the PLO, to carry out actions inconsistent with the
Declaration of Principles, particularly acts of terrorism
against Israel;
(5) the PLO has cooperated in good faith with Israeli
authorities in the preemption of acts of terrorism and in the
apprehension and trial of perpetrators of terrorist acts in
Israel, territories controlled by Israel, and all areas subject
to jurisdiction of the Palestinian Authority and its
successors; and
(6) the PLO has exercised its authority resolutely to enact
and implement laws requiring the disarming of civilians not
specifically licensed to possess or carry weapons.
(d) Provisions That May Be Suspended.--The provisions that may be
suspended under the authority of subsection (a) are the following:
(1) Section 307 of the Foreign Assistance Act of 1961 (22
U.S.C. 2227) as it applies with respect to the PLO or entities
associated with it.
(2) Section 114 of the Department of State Authorization
Act, fiscal years 1984 and 1985 (22 U.S.C. 287e note) as it
applies with respect to the PLO or entities associated with it.
(3) Section 1003 of the Foreign Relations Authorization
Act, fiscal years 1988 and 1989 (22 U.S.C. 5202).
(4) Section 37 of the Bretton Woods Agreement Act (22
U.S.C. 286W) as it applies to the granting to the PLO of
observer status or other official status at any meeting
sponsored by or associated with the International Monetary
Fund. As used in this paragraph, the term ``other official
status'' does not include membership in the International
Monetary Fund.
(e) Relevant Congressional Committees Defined.--As used in this
section, the term ``relevant congressional committees'' means--
(1) the Committee on International Relations, the Committee
on Banking and Financial Services, and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate. | Middle East Peace Facilitation Act of 1995 - Declares the sense of the Congress specifying steps the Palestine Liberation Organization (PLO) must take to demonstrate an irrevocable denunciation of terrorism and ensure a peaceful settlement of the Middle East dispute.
Authorizes the President to suspend for up to six months at a time specified provisions of law which prohibit foreign and United Nations assistance to the Palestine Liberation Organization (PLO), the receipt or expenditure of PLO funds, and PLO membership in the International Monetary Fund, upon certification to specified congressional committees that: (1) such waiver is in the national interest; (2) the PLO continues to abide by commitments made in letters to Israel and the Foreign Minister of Norway and under the Declaration of Principles signed in September 1993; and (3) specified funds provided under this Act and other Acts have been used for the purposes for which they were intended.
Prohibits the provision of such assistance until the President certifies to the Congress that: (1) the Palestinian Council has disavowed the articles of the Palestine National Covenant which calls for Israel's destruction; (2) the PLO has exercised its authority to prosecute and imprison terrorists; and (3) it has not provided support for acts of terrorism against Israel. | {"src": "billsum_train", "title": "Middle East Peace Facilitation Act of 1995"} | 2,731 | 267 | 0.665749 | 2.128727 | 0.79919 | 3.60166 | 10.763485 | 0.937759 |
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for fiscal year 2004:
TITLE I--NATIONAL SECURITY
DEPARTMENT OF DEFENSE--MILITARY
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$11,571,925,563.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$500,000,000.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$714,572,724.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$1,000,000,000.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$21,007,164,701.
Operation and Maintenance, Navy
(including transfer of funds)
For an additional amount for ``Operation and Maintenance, Navy'',
$1,000,000,000, of which up to $30,000,000 may be transferred to the
Department of Homeland Security for Coast Guard Operations.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,442,038,901.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $2,000,000,000.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $3,370,959,606, of which--
(1) not to exceed $11,609,448 may be used for the CINC
Initiative Fund account, to be used primarily in Iraq and
Afghanistan;
(2) $24,766,822 is only for the Family Advocacy Program;
and
(3) not to exceed $890,057,690, to remain available until
expended, may be used, notwithstanding any other provision of
law, for payments to reimburse Pakistan, Jordan, and other key
cooperating nations, for logistical and military support
provided, or to be provided, to United States military
operations in connection with military action in Iraq and the
global war on terrorism: Provided, That such payments may be
made in such amounts as the Secretary of Defense, with the
concurrence of the Secretary of State, and in consultation with
the Director of the Office of Management and Budget, may
determine, in his discretion, based on documentation determined
by the Secretary of Defense to adequately account for the
support provided, and such determination is final and
conclusive upon the accounting officers of the United States,
and 15 days following notification to the appropriate
congressional committees: Provided further, That the Secretary
of Defense shall provide quarterly reports to the Committees on
Appropriations on the use of these funds.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $12,383,411.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $41,020,050.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $165,628,127.
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $27,475,694.
Iraq Freedom Fund
For an additional amount for ``Iraq Freedom Fund'', $1,539,103,237.
PROCUREMENT
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $2,078,634,662, to remain available until
September 30, 2006.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,007,922,226, to remain available until September 30, 2006.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$59,097,509, to remain available until September 30, 2006.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$153,104,628, to remain available until September 30, 2006.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$660,890,156, to remain available until September 30, 2006.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$340,648,297, to remain available until September 30, 2006.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $26,314,749.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $30,238,743.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $201,862,762.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$464,377,925.
National Defense Sealift Fund
For an additional amount for ``National Defense Sealift Fund'',
$18,575,117, to remain available until expended.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$509,561,898 for operation and maintenance.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $56,499,314: Provided, That these funds may be
used only for such activities related to Afghanistan: Provided further,
That the Secretary of Defense may transfer the funds provided herein
only to appropriations for military personnel; operation and
maintenance; procurement; and research, development, test and
evaluation: Provided further, That the funds transferred shall be
merged with and be available for the same purposes and for the same
time period, as the appropriation to which transferred: Provided
further, That the transfer authority provided in this paragraph is in
addition to any other transfer authority available to the Department of
Defense.
TITLE II--GENERAL PROVISIONS
Sec. 201. Except as otherwise expressly provided in this Act,
amounts appropriated in this Act shall remain available until September
30, 2005.
Sec. 202. The amounts provided in this Act are designated by the
Congress as an emergency requirement pursuant to section 502 of H. Con.
Res. 95 (108th Congress).
This Act may be cited as the ``Emergency Supplemental
Appropriations Act for Military Operations in Iraq and Afghanistan,
2004''. | Emergency Supplemental Appropriations Act for Military Operations in Iraq and Afghanistan, 2004 - Makes emergency supplemental appropriations for FY 2004 (including the transfer of funds in some cases) for military operations in Iraq and Afghanistan.
Designates such amounts as an emergency requirement under the FY 2004 concurrent budget resolution. | {"src": "billsum_train", "title": "Making further emergency supplemental appropriations for fiscal year 2004 for military operations in Iraq and Afghanistan."} | 1,586 | 65 | 0.493531 | 1.235378 | 0.916589 | 3.654545 | 24.727273 | 0.818182 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``San Francisco Bay Improvement Act of
2010''.
SEC. 2. SAN FRANCISCO BAY.
Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) is amended by adding at the end the following:
``SEC. 123. SAN FRANCISCO BAY.
``(a) Definitions.--In this section, the following definitions
apply:
``(1) Committee.--The term `Committee' means the San
Francisco Bay Program Advisory Committee established under
subsection (d).
``(2) Comprehensive plan.--The term `comprehensive plan'
means the comprehensive conservation and management plan for
the San Francisco Bay established under section 320, including
any amendments thereto.
``(3) Director.--The term `Director' means the Director of
the Office, except with respect to subsections (d)(2) and (e).
``(4) Office.--The term `Office' means the San Francisco
Bay Program Office established under subsection (b).
``(5) Regional monitoring program.--The term `Regional
Monitoring Program' means the program of the San Francisco
Estuary Institute established in 1993 by the San Francisco Bay
Regional Water Quality Control Board to monitor contamination
in the San Francisco Bay and to provide data to water quality
regulators for effective management of such Bay.
``(6) San francisco bay.--The term `San Francisco Bay'
means the areas comprising the San Francisco Bay as determined
by the Director.
``(7) San francisco estuary partnership.--The term `San
Francisco Estuary Partnership' means the agency established in
1987 under section 320 to develop and implement a comprehensive
conservation and management plan to restore and maintain the
chemical, physical, and biological integrity of the San
Francisco Bay.
``(b) Program Office.--
``(1) Establishment.--The Administrator shall establish in
the Environmental Protection Agency a San Francisco Bay Program
Office. The Office shall be located at the headquarters of
region 9 of the Environmental Protection Agency.
``(2) Appointment of director.--The Administrator shall
appoint a Director of the Office, who, by reason of management
experience and technical expertise relating to the San
Francisco Bay, shall be highly qualified to support the
development and implementation of projects, programs, and
studies necessary to implement the comprehensive plan.
``(3) Delegation of authority; staffing.--The Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
``(c) Duties.--
``(1) In general.--In carrying out this section, the
Administrator, acting through the Director, shall--
``(A) assist and support the implementation of the
comprehensive plan;
``(B) provide funding and make grants for
implementation of the comprehensive plan and projects,
programs, and studies consistent with the priorities of
the comprehensive plan;
``(C) promote innovative methodologies and
technologies that are cost-effective and consistent
with the identified goals and objectives of the
comprehensive plan and Environmental Protection Agency
permitting processes;
``(D) coordinate the major functions of the Federal
Government related to the implementation of the
comprehensive plan, including projects, programs, and
studies with respect to--
``(i) water quality improvement;
``(ii) wetland, riverine, and estuary
restoration and protection;
``(iii) nearshore and endangered species
recovery; and
``(iv) adaptation to climate change;
``(E) coordinate research and planning projects
authorized under this section with the San Francisco
Estuary Partnership, Federal departments and agencies,
State agencies, local governments, federally recognized
Indian tribes, universities, and other public or
nonprofit private organizations to advance
implementation of the comprehensive plan;
``(F) track progress with respect to meeting the
identified goals and objectives of the comprehensive
plan by--
``(i) implementing and supporting a
project, program, and study monitoring system
consistent with the systems used by the San
Francisco Estuary Partnership; and
``(ii) coordinating, managing, and
reporting environmental data relating to San
Francisco Bay in a manner consistent with
methodologies utilized by the Regional
Monitoring Program, including, to the extent
practicable, making such data and reports on
such data available to the public, including on
the Internet, in a timely fashion; and
``(G) collect and make available to the public,
including on the Internet, publications and other forms
of information relating to the environmental quality of
the San Francisco Bay.
``(2) Implementation methods.--The Administrator, acting
through the Director, may enter into interagency agreements,
make intergovernmental personnel appointments, provide funding,
and make grants in carrying out the duties under this
subsection.
``(d) San Francisco Bay Program Advisory Committee.--
``(1) In general.--The Administrator shall establish a San
Francisco Bay Program Advisory Committee to provide advice to
the Administrator on the implementation of the identified goals
and objectives of the comprehensive plan.
``(2) Composition.--The Committee shall consist of the
Director and Steering Committee of the San Francisco Estuary
Partnership, and representatives of appropriate Federal and
State departments and agencies that may affect or implement
projects or programs identified in the comprehensive plan.
Participation on the Committee shall be voluntary for any
individual that is not an employee of the Federal Government.
``(3) Chairperson.--The Director shall serve as the
chairperson of the Committee.
``(4) Meetings.--The Committee shall meet at least twice
per year--
``(A) to assess the progress of the Office in
meeting the identified goals and objectives of the
comprehensive plan;
``(B) to identify improvements necessary for
meeting the identified goals and objectives of the
comprehensive plan; and
``(C) to assess Federal department and agency
budget needs with respect to implementing the
comprehensive plan.
``(5) Compensation of members.--A member of the Committee
shall serve without compensation.
``(6) Travel expenses.--Subject to the availability of
appropriations, the Administrator shall reimburse a member of
the Committee for travel expenses, including per diem in lieu
of subsistence, at rates authorized for an employee of a
Federal agency under subchapter I of chapter 57 of title 5,
United States Code, while away from home or the regular place
of business of the member in performance of services for the
Committee.
``(e) Report.--Not later than one year after the date of enactment
of this section, and biennially thereafter, the Administrator, in
consultation with the Director of the San Francisco Estuary
Partnership, shall submit to Congress a report that--
``(1) summarizes progress with respect to implementing the
comprehensive plan and achieving the identified goals and
objectives described in the comprehensive plan;
``(2) summarizes any modifications to the comprehensive
plan made in the 2-year period preceding such report;
``(3) includes specific recommendations for implementation
of the comprehensive plan; and
``(4) summarizes the roles and progress of each Federal
department or agency that has jurisdiction in the San Francisco
Bay with respect to meeting the identified goals and objectives
of the comprehensive plan.
``(f) Implementation of Comprehensive Plan.--
``(1) In general.--The Administrator, acting through the
Director and in consultation with the San Francisco Estuary
Partnership, shall carry out projects, programs, and studies to
implement the comprehensive plan.
``(2) Priority projects, programs, and studies.--In
carrying out paragraph (1), the Administrator shall give
priority to projects, programs, and studies that are identified
as priorities by the San Francisco Estuary Partnership in the
comprehensive plan.
``(3) Grants.--
``(A) In general.--The Administrator, acting
through the Director, is authorized to make grants for
projects, programs, and studies to implement the
comprehensive plan.
``(B) Allocations.--In making grants under this
paragraph, the Administrator shall use--
``(i) 2.5 percent of the funds appropriated
for making grants under this paragraph for a
fiscal year to make a comprehensive grant to
the San Francisco Estuary Partnership to manage
implementation of the comprehensive plan; and
``(ii) 97.5 percent of funds appropriated
for making grants under this paragraph for a
fiscal year to make grants to State and
regional water pollution control agencies and
entities, including the San Francisco Estuary
Partnership, federally recognized Indian
tribes, State coastal zone management agencies,
local governments, and public or nonprofit
private agencies, institutions, or
organizations to implement projects, programs,
and studies that advance implementation of the
comprehensive plan.
``(C) Grant eligibility.--An entity shall be
eligible for grants under this paragraph only if grant
funds shall be used for projects, programs, and studies
that are pursuant to the comprehensive plan.
``(4) Federal share.--
``(A) Management grants.--The Federal share of the
cost of management activities carried out using funds
from a grant under paragraph (3)(B)(i) shall not exceed
75 percent.
``(B) Project, program, and study grants.--The
Federal share of the cost of a project, program, or
study carried out using funds from a grant under
paragraph (3)(B)(ii) shall not exceed 50 percent.
``(g) Annual Budget Plan.--The President, as part of the annual
budget submission of the President under section 1105 of title 31,
United States Code, shall submit information regarding each Federal
department and agency involved in San Francisco Bay protection and
restoration, including--
``(1) a report that displays for each Federal agency--
``(A) the amounts obligated in the preceding fiscal
year for protection and restoration projects, programs,
and studies relating to the San Francisco Bay; and
``(B) the proposed budget for protection and
restoration projects, programs, and studies relating to
the San Francisco Bay; and
``(2) a description and assessment of the Federal role in
the implementation of the comprehensive plan and the specific
role of each Federal department and agency involved in San
Francisco Bay protection and restoration, including specific
projects, programs, and studies conducted or planned to achieve
the identified goals and objectives of the comprehensive plan.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Administrator to carry out this section
$100,000,000 for each of fiscal years 2011 through 2021. Such sums
shall remain available until expended.''. | San Francisco Bay Improvement Act of 2010 - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to direct the Administrator of the Environmental Protection Agency (EPA) to: (1) establish a San Francisco Bay Program Office, to be located at EPA's region nine headquarters; and (2) appoint a Director of the Office.
Requires the Administrator, acting through the Director, to: (1) assist and support the implementation of the comprehensive conservation and management plan for the San Francisco Bay; (2) provide funding and make grants for implementation of the comprehensive plan and related projects; (3) promote methodologies and technologies that are cost-effective and consistent with the goals and objectives of the comprehensive plan and the EPA permitting processes; (4) coordinate the major functions of the federal government relating to the implementation of the comprehensive plan; (5) coordinate the research and planning projects authorized under this Act with the San Francisco Estuary Partnership, federal agencies, state agencies, local governments, federally recognized Indian tribes, universities, and other public or nonprofit private organizations; (6) track progress with respect to meeting the identified goals and objectives of the comprehensive plan; and (7) collect and make available to the public publications and information relating to the environmental quality of the San Francisco Bay.
Requires the Administrator to establish a San Francisco Bay Program Advisory Committee to provide advice on the implementation of the comprehensive plan's goals and objectives.
Requires the Administrator, in consultation with the Director of the Partnership, to a report, biennially, to Congress on implementation of the comprehensive plan.
Requires the Administrator, acting through the Director and in consultation with the Partnership, to make grants for projects, programs, and studies to implement the comprehensive plan. Authorizes the Director to make: (1) a comprehensive grant to the Partnership to manage such implementation; and (2) grants to state and regional water pollution control agencies and entities for projects, programs, and studies that advance implementation of the comprehensive plan.
Requires the President, as part of the annual budget, to submit information regarding expenditures and roles of each federal agency involved in San Francisco Bay protection and restoration. | {"src": "billsum_train", "title": "To amend the Federal Water Pollution Control Act to provide assistance for programs and activities to protect the water quality of the San Francisco Bay, and for other purposes."} | 2,263 | 452 | 0.692092 | 2.022305 | 0.824938 | 4.468531 | 5.111888 | 0.958042 |
SECTION 1. CODIFICATION OF EFFECTIVE DATES FOR CLAIMS UNDER THE LAWS
ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS.
(a) Definitions.--
(1) In general.--Section 5100 of title 38, United States
Code, is amended to read as follows:
``Sec. 5100. Definitions
``In this chapter:
``(1) The term `claimant' means any individual applying
for, or submitting a claim for, any benefit under the laws
administered by the Secretary.
``(2) The term `claim' means a communication in writing
requesting a determination of entitlement or evidencing a
belief in entitlement to a benefit under the laws administered
by the Secretary.
``(3) The term `formal claim' means a claim submitted on an
application form prescribed by the Secretary.
``(4) The term `informal claim' means a communication in
writing requesting a determination of entitlement or evidencing
a belief in entitlement, to a benefit under the laws
administered by the Secretary that--
``(A) is submitted in a format other than on an
application form prescribed by the Secretary;
``(B) indicates an intent to apply for one or more
benefits under the laws administered by the Secretary;
``(C) identifies the benefit sought;
``(D) is made or submitted by a claimant, his or
her duly authorized representative, a Member of
Congress, or another person acting on behalf of a
claimant who meets the requirements established by the
Secretary for such purpose; and
``(E) may include a report of examination or
hospitalization, if the report relates to a disability
which may establish such an entitlement.
``(5) The term `reasonably raised claim' means evidence of
an entitlement to a benefit under the laws administered by the
Secretary that is not explicitly raised in a claim but that is
logically placed at issue upon a sympathetic reading of the
claim and the record developed with respect to the claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 51 of such title is amended by striking
the item relating to section 5100 and inserting the following
new item:
``5100. Definitions.''.
(b) Informal Claims.--Section 5101(a) of such title is amended by
adding at the end the following new paragraph:
``(3)(A) Upon receipt of an informal claim, if a formal claim has
not been filed, the Secretary shall provide the claimant with an
application form on which the claimant may submit a formal claim. In
addition to all relevant communications relating to any claim, the
Secretary shall maintain in the claim file a dated copy of the letter
accompanying the application form sent to the claimant under this
subparagraph.
``(B) An informal request for increase or reopening of a claim
shall be accepted and treated in the same manner as a formal claim.''.
(c) Effective Dates.--Section 5110(a) of such title is amended--
(1) by striking ``Unless'' and inserting ``(1) Unless'';
and
(2) by adding at the end the following new paragraph:
``(2) In determining the date of the receipt of an application for
any benefit purposes of this section, the Secretary shall consider an
application to be filed on the date on which an informal communication
relating to such benefit is submitted, as long as the person claiming
or applying for the benefit files an application by not later than 180
days after the date on which the Secretary furnishes the person the
necessary application forms under section 5102 of this title. If the
person claiming or applying for the benefit fails to file an
application by the date that is 180 days after the date on which the
Secretary furnishes the person such necessary application forms, the
Secretary shall consider the application to be filed on the date on
which the completed application form is submitted.''.
(d) Reasonably Raised Claims.--
(1) In general.--Chapter 51 of such title is amended by
inserting after section 5103A the following new section:
``Sec. 5103B. Treatment of reasonably raised claims
``The Secretary shall identify, address, and adjudicate reasonably
raised claims that are placed at issue in the course of addressing or
adjudicating any claim, including evidence relating to entirely
separate conditions never identified as part of a formal claim.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 5103A the following new item:
``5103B. Treatment of reasonably raised claims.''.
(e) Effective Date.--The amendments made by this Act shall take
effect on the date of the enactment of this Act and shall apply with
respect to a claim submitted on or after such date. | Describes an "informal claim" for a veterans' benefit as a communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to such benefit that is submitted by a claimant, or an authorized party on the claimant's behalf, in a format other than on an application form submitted by the Secretary of Veterans Affairs (VA). Requires an informal claim to also indicate an intent to apply for an identified benefit. Requires the Secretary to: provide a claimant who submits an informal claim with an application form on which to submit a formal claim; maintain in the claimant's claim file a dated copy of the letter accompanying that application form; and consider an application to have been filed, for benefit purposes, on the date on which an informal communication relating to such benefit is submitted, unless the claimant fails to file the application form within 180 days after the Secretary provides that form. Requires an informal request for increasing or reopening a claim to be accepted and treated in the same manner as a formal claim. Defines a "reasonably raised claim" for a veterans' benefit as evidence of an entitlement to such benefit that is not explicitly raised in a claim but is logically placed at issue upon a sympathetic reading of the claim and the record developed with respect to the claim. Directs the Secretary to identify, address, and adjudicate reasonably raised claims that are placed at issue in the course of addressing or adjudicating any claim, including evidence relating to entirely separate conditions never identified as part of a formal claim. | {"src": "billsum_train", "title": "To amend title 38, United States Code, to codify certain existing provisions of law relating to effective dates for claims under the laws administered by the Secretary of Veterans Affairs, and for other purposes."} | 1,100 | 365 | 0.687265 | 2.185143 | 0.775998 | 5.153061 | 3.370748 | 0.914966 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native Health Access Improvement Act
of 2017''.
SEC. 2. SPECIAL BEHAVIORAL HEALTH PROGRAM FOR INDIANS.
Part A of title V of the Public Health Service Act (42 U.S.C. 290aa
et seq.) is amended by adding at the end the following new section:
``SEC. 506B. SPECIAL BEHAVIORAL HEALTH PROGRAM FOR INDIANS.
``(a) In General.--The Director of the Indian Health Service, in
coordination with the Assistant Secretary for Mental Health and
Substance Use, shall award grants for providing services in accordance
with subsection (b) for the prevention and treatment of mental health
and substance use disorders.
``(b) Services Through Indian Health Facilities.--For purposes of
subsection (a), services are provided in accordance with this
subsection if the services are provided through any of the following
entities:
``(1) The Indian Health Service.
``(2) An Indian health program operated by an Indian tribe
or tribal organization pursuant to a contract, grant,
cooperative agreement, or compact with the Indian Health
Service pursuant to the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5301 et seq.).
``(3) An urban Indian health program operated by an urban
Indian organization pursuant to a grant or contract with the
Indian Health Service pursuant to title V of the Indian Health
Care Improvement Act (25 U.S.C. 1651 et seq.).
``(c) Reports.--Each grantee under this section shall submit
reports at such time, in such manner, and containing such information
as the Director of the Indian Health Service may require.
``(d) Technical Assistance Center.--
``(1) Establishment.--The Director of the Indian Health
Service, in coordination with the Assistant Secretary for
Mental Health and Substance Use, shall establish a technical
assistance center (directly or by contract or cooperative
agreement)--
``(A) to provide technical assistance to grantees
under this section; and
``(B) to collect and evaluate information on the
program carried out under this section.
``(2) Consultation.--The technical assistance center shall
consult with grantees under this section for purposes of
developing evaluation measures and data submission requirements
for purposes of the collection and evaluation of information
under paragraph (1)(B).
``(3) Data submission.--As a condition on receipt of a
grant under this section, an applicant shall agree to submit
data consistent with the data submission requirements developed
under paragraph (2).
``(e) Funding.--
``(1) In general.--For the purpose of making grants under
this section, there is authorized to be appropriated, and there
is appropriated, out of any money in the Treasury not otherwise
appropriated, $150,000,000 for each of fiscal years 2018
through 2022.
``(2) Technical assistance center.--Of the amount made
available to carry out this section for each of fiscal years
2018 through 2022, the Director of the Indian Health Service
shall allocate a percentage of such amount, to be determined by
the Director in consultation with Indian tribes, for the
technical assistance center under subsection (d).
``(f) Definitions.--In this section:
``(1) Indian health program.--The term `Indian health
program' has the meaning given that term in section 4 of the
Indian Health Care Improvement Act (25 U.S.C. 1603).
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).
``(3) Tribal organization.--The term `tribal organization'
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(4) Urban indian organization.--The term `urban Indian
organization' has the meaning given the term `Urban Indian
organization' in section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603).''.
SEC. 3. INDIAN DEFINED IN PPACA.
(a) Definition of Indian.--Section 1304 of the Patient Protection
and Affordable Care Act (42 U.S.C. 18024) is amended by adding at the
end the following new subsection:
``(f) Indian.--
``(1) In general.--In this title, the term `Indian' means
any individual--
``(A) described in paragraph (13) or (28) of
section 4 of the Indian Health Care Improvement Act (25
U.S.C. 1603);
``(B) who is eligible for health services provided
by the Indian Health Service under section 809 of the
Indian Health Care Improvement Act (25 U.S.C. 1679);
``(C) who is of Indian descent and belongs to the
Indian community served by the local facilities and
program of the Indian Health Service; or
``(D) who is described in paragraph (2).
``(2) Included individuals.--For purposes of this title,
the following individuals shall be considered to be an
`Indian':
``(A) A member of a federally recognized Indian
tribe.
``(B) A resident of an urban center who meets one
or more of the following four criteria:
``(i) Membership in a Tribe, band, or other
organized group of Indians, including those
Tribes, bands, or groups terminated since 1940
and those recognized as of the date of the
enactment of the Health Equity and
Accountability Act of 2016 or later by the
State in which they reside, or being a
descendant, in the first or second degree, of
any such member.
``(ii) Is an Eskimo or Aleut or other
Alaska Native.
``(iii) Is considered by the Secretary of
the Interior to be an Indian for any purpose.
``(iv) Is determined to be an Indian under
regulations promulgated by the Secretary.
``(C) An individual who is considered by the
Secretary of the Interior to be an Indian for any
purpose.
``(D) An individual who is considered by the
Secretary to be an Indian for purposes of eligibility
for Indian health care services, including as a
California Indian, Eskimo, Aleut, or other Alaska
Native.''.
(b) Technical Amendments.--Section 4 of the Indian Health Care
Improvement Act (25 U.S.C. 1603) is amended--
(1) in paragraph (13), by striking ``as defined in
subsection (d) hereof'' and inserting ``as defined in paragraph
(14)''; and
(2) in paragraph (28)--
(A) by striking ``as defined in subsection (g)
hereof'' and inserting ``as defined in paragraph
(27)''; and
(B) by striking ``subsection (c)(1) through (4)''
and inserting ``subparagraphs (A) through (D) of
paragraph (13)''.
(c) Conforming Amendments.--
(1) Affordable choices health benefit plans.--Section
1311(c)(6)(D) of the Patient Protection and Affordable Care Act
(42 U.S.C. 18031(c)(6)(D)) is amended by striking ``section 4
of the Indian Health Care Improvement Act'' and inserting
``section 1304(f)''.
(2) Reduced cost-sharing for individuals enrolling in
qualified health plans.--Section 1402(d) of the Patient
Protection and Affordable Care Act (42 U.S.C. 18071(d)) is
amended--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``section 4(d) of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b(d))'' and inserting ``section
1304(f)''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by striking ``(as so defined)'' and
inserting ``(as defined in section 1304(f))''.
(3) Exemption from penalty for not maintaining minimum
essential coverage.--Section 5000A(e) of the Internal Revenue
Code of 1986 is amended by striking paragraph (3) and inserting
the following new paragraph:
``(3) Indians.--Any applicable individual who is an Indian
(as defined in section 1304(f) of the Patient Protection and
Affordable Care Act).''. | Native Health Access Improvement Act of 2017 This bill amends the Public Health Service Act to require the Indian Health Service (IHS) to award grants to Indian health facilities for the prevention and treatment of mental health and substance use disorders. The IHS must establish a technical assistance center for grantees. In addition, this bill amends the Patient Protection and Affordable Care Act to define “Indian” for purposes of health insurance reform, exchanges, and subsidies. The definition includes individuals of Indian descent who are members of an Indian community served by the IHS and individuals considered by the Department of Health and Human Services to be Indian for purposes of eligibility for Indian health care services. Individuals included in the definition are eligible for special monthly enrollment periods on health insurance exchanges and elimination of cost sharing under individual health coverage for those whose income is not more than 300% of the poverty line. Under current law, only members of Indian tribes are eligible for these benefits. The bill amends the Internal Revenue Code to exempt Indians, as defined by this bill, from the requirement to maintain minimum essential health coverage. | {"src": "billsum_train", "title": "Native Health Access Improvement Act of 2017"} | 1,936 | 237 | 0.554072 | 1.52397 | 0.743999 | 2.172249 | 8.23445 | 0.77512 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airline Passenger Bill of Rights Act
of 2009''.
SEC. 2. AIRLINE CUSTOMER SERVICE COMMITMENT.
(a) In General.--Chapter 417 of title 49, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE
``Sec. 41781. Air carrier and airport contingency plans for long on-
board tarmac delays
``(a) Definition of Tarmac Delay.--The term `tarmac delay' means
the holding of an aircraft on the ground before taking off or after
landing with no opportunity for its passengers to deplane.
``(b) Submission of Air Carrier and Airport Plans.--Not later than
60 days after the date of the enactment of the Airline Passenger Bill
of Rights Act of 2009, each air carrier and airport operator shall
submit, in accordance with the requirements under this section, a
proposed contingency plan to the Secretary of Transportation for review
and approval.
``(c) Minimum Standards.--The Secretary of Transportation shall
establish minimum standards for elements in contingency plans required
to be submitted under this section to ensure that such plans
effectively address long on-board tarmac delays and provide for the
health and safety of passengers and crew.
``(d) Air Carrier Plans.--The plan shall require each air carrier
to implement at a minimum the following:
``(1) Provision of essential services.--Each air carrier
shall provide for the essential needs of passengers on board an
aircraft at an airport in any case in which the departure of a
flight is delayed or disembarkation of passengers on an
arriving flight that has landed is substantially delayed,
including--
``(A) adequate food and potable water;
``(B) adequate restroom facilities;
``(C) cabin ventilation and comfortable cabin
temperatures; and
``(D) access to necessary medical treatment.
``(2) Right to deplane.--
``(A) In general.--Each air carrier shall submit a
proposed contingency plan to the Secretary of
Transportation that identifies a clear time frame under
which passengers would be permitted to deplane a
delayed aircraft. After the Secretary has reviewed and
approved the proposed plan, the air carrier shall make
the plan available to the public.
``(B) Delays.--
``(i) In general.--As part of the plan,
except as provided under clause (iii), an air
carrier shall provide passengers with the
option of deplaning and returning to the
terminal at which such deplaning could be
safely completed, or deplaning at the terminal
if--
``(I) 3 hours have elapsed after
passengers have boarded the aircraft,
the aircraft doors are closed, and the
aircraft has not departed; or
``(II) 3 hours have elapsed after
the aircraft has landed and the
passengers on the aircraft have been
unable to deplane.
``(ii) Frequency.--The option described in
clause (i) shall be offered to passengers at a
minimum not less often than once during each
successive 3-hour period that the plane remains
on the ground.
``(iii) Exceptions.--This subparagraph
shall not apply if--
``(I) the pilot of such aircraft
reasonably determines that the aircraft
will depart or be unloaded at the
terminal not later than 30 minutes
after the 3 hour delay; or
``(II) the pilot of such aircraft
reasonably determines that permitting a
passenger to deplane would jeopardize
passenger safety or security.
``(C) Application to diverted flights.--This
section applies to aircraft without regard to whether
they have been diverted to an airport other than the
original destination.
``(D) Reports.--Not later than 30 days after any
flight experiences a tarmac delay lasting at least 3
hours, the air carrier responsible for such flight
shall submit a written description of the incident and
its resolution to the Aviation Consumer Protection
Office of the Department of Transportation.
``(e) Airport Plans.--Each airport operator shall submit a proposed
contingency plan under subsection (b) that contains a description of--
``(1) how the airport operator will provide for the
deplanement of passengers following a long tarmac delay; and
``(2) how, to the maximum extent practicable, the airport
operator will provide for the sharing of facilities and make
gates available at the airport for use by aircraft experiencing
such delays.
``(f) Updates.--The Secretary shall require periodic reviews and
updates of the plans as necessary.
``(g) Approval.--
``(1) In general.--Not later than 6 months after the date
of the enactment of this section, the Secretary of
Transportation shall--
``(A) review the initial contingency plans
submitted under subsection (b); and
``(B) approve plans that closely adhere to the
standards described in subsections (d) or (e),
whichever is applicable.
``(2) Updates.--Not later than 60 days after the submission
of an update under subsection (f) or an initial contingency
plan by a new air carrier or airport, the Secretary shall--
``(A) review the plan; and
``(B) approve the plan if it closely adheres to the
standards described in subsections (d) or (e), which
ever is applicable.
``(h) Civil Penalties.--The Secretary may assess a civil penalty
under section 46301 against any air carrier or airport operator that
does not submit, obtain approval of, or adhere to a contingency plan
submitted under this section.
``(i) Public Access.--Each air carrier and airport operator
required to submit a contingency plan under this section shall ensure
public access to an approved plan under this section by--
``(1) including the plan on the Internet Web site of the
carrier or airport; or
``(2) disseminating the plan by other means, as determined
by the Secretary.
``Sec. 41782. Air passenger complaints hotline and information
``(a) Air Passenger Complaints Hotline Telephone Number.--The
Secretary of Transportation shall establish a consumer complaints
hotline telephone number for the use of air passengers.
``(b) Public Notice.--The Secretary shall notify the public of the
telephone number established under subsection (a).
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section,
which sums shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 417 of
title 49, United States Code, is amended by adding at the end the
following:
``subchapter iv--airline customer service
``41781. Air carrier and airport contingency plans for long on-board
tarmac delays.
``41782. Air passenger complaints hotline and information.''. | Airline Passenger Bill of Rights Act of 2009 - Requires each air carrier and airport operator to submit for approval by the Secretary of Transportation a proposed contingency plan meeting minimum standards established by the Secretary.
Requires an air carrier to provide passengers on a departure- or arrival-delayed grounded aircraft with: (1) adequate food, water, restrooms, ventilation, and medical services; as well as (2) a time frame under which passengers may deplane a delayed aircraft after three hours, except in specified circumstances.
Requires an airport operator plan to describe: (1) how passengers will be deplaned following a long tarmac delay; and (2) how facilities will be shared and gates made available to aircraft that experience such delays.
Authorizes the Secretary to assess a civil penalty against air carriers and airport operators that fail to submit, obtain approval of, or adhere to a contingency plan. Requires public access to such plans.
Directs the Secretary to establish a consumer hotline telephone number for air passenger complaints. | {"src": "billsum_train", "title": "To amend title 49, United States Code, to ensure air passengers have access to necessary services while on a grounded air carrier, and for other purposes."} | 1,584 | 227 | 0.687028 | 1.91549 | 0.815596 | 2.758974 | 7.25641 | 0.871795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Seafood Safety Enforcement Act''.
SEC. 2. FINDINGS
(a) Chloramphenicol, a potent antibiotic, can cause severe toxic
effects in humans, including hypo-aplastic anemia, which is usually
irreversible and fatal. The drug is administered to humans only in
life-threatening situations when less toxic drugs are not effective.
(b) Because of these human health impacts, chloramphenicol and
similar drugs are not approved for use in food-producing animals in the
United States. However, other countries have been found to use these
drugs in the aquaculture of shrimp and other seafood, including
Thailand, Vietnam, and China.
(c) The majority of shrimp consumed by the United States is
imported. The nation imports 400,000 metric tons of shrimp annually,
and the percentage of shrimp imports rises each year. Thailand and
Vietnam are the top two exporters of shrimp to the United States, and
China is the fifth largest exporter of shrimp to the United States.
(d) Upon detection of chloramphenicol in certain shipments of
seafood from China and other nations, in 2002 the European Union and
Canada severely restricted imports of shrimp and other food from these
nations.
(e) The United States Food and Drug Administration inspects only 2
percent of all seafood imports into the United States and utilizes a
testing procedure that cannot detect the presence of chloramphenicol
below 1 part per billion. The European Union and Canada use testing
protocols that can detect such substances to 0.3 parts per billion.
(f) While Food and Drug Administration import testing did not
detect chloramphenicol in shrimp imported from these nations in 2002,
independent testing performed by the state of Louisiana detected
chloramphenicol at a level of over 2 parts per billion in crawfish
imported from China.
(g) Imports of seafood from nations that utilize substances banned
in the United States pose potential threats to United States consumers.
Denial of entry to contaminated shrimp and other products to the
European Union and Canada will likely redirect imports to the United
States of contaminated products turned away from these countries.
(h) Immediate and focused actions must be taken by the Federal
government to improve enforcement of food import restrictions of
seafood imports in order to protect United States consumers and ensure
safety of the food supply.
SEC. 3. CONTAMINATED SEAFOOD.
Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381) is amended by--
(1) striking all of the text in the third sentence of
subsection (a) after ``section 505,'' and inserting ``or (4)
such article is seafood that appears to bear or contain one or
more substances listed in section 530.41(a) of title 21, Code
of Federal Regulations, or (5) such article is seafood
originating from an exporter or country that the Secretary has
identified in guidance as a likely source of articles subject
to refusal of admission under clause (4) of this sentence, then
such article shall be refused admission, except as provided in
subsection (c) of this section and, with respect to articles
subject to clause (5) of this sentence, except as provided in
subsection (b) of this section.'';
(2) redesignating subsections (b) through (n) as
subsections (c) through (o), respectively; and
(3) inserting after subsection (a) the following:
``(b)(1) Notwithstanding clause (5) of the third sentence in
subsection (a) of this section, the Secretary may permit individual
shipments of seafood originating in a country or from an exporter
listed in guidance to be admitted into the United States if evidence
acceptable to the Secretary is presented that the seafood in that
shipment does not bear or contain a substance listed in section
530.41(a) of title 21, Code of Federal Regulations.
``(2) The Secretary may remove a country or exporter listed in
guidance under clause (5) of the third sentence of subsection (a) of
this section only if the country or exporter has shown to the
satisfaction of the Secretary that each substance at issue is no longer
sold for use in, being used in, or being used in a manner that could
contaminate food-producing animals in the country at issue.''.
SEC. 4. GUIDANCE FOR REFUSING ENTRY OF SEAFOOD FROM A COUNTRY OR
EXPORTER.
(a) Issuance of Guidance.--Upon a determination by the Secretary of
Health and Human Services that, based on information acceptable to the
Secretary, an exporter or country appears to be a source of articles
subject to refusal under section 801(a)(4) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 381(a)(4)), the Secretary shall issue
guidance described in section 801(a)(5) of that Act.
(b) Determination Criteria.--In making the determination described
in subsection (a), or any determination under section 801(a) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(a)), the Secretary
may consider--
(1) the detection of substances described in section
801(a)(4) of that Act by the Secretary;
(2) the detection of such substances by a person
commissioned to carry out examinations and investigations under
section 702(a) of that Act;
(3) findings from an inspection under section 704 of that
Act;
(4) the detection by other importing countries of such
substances in shipments of seafood that originate from such
country or exporter; and
(5) other evidence or information as determined by the
Secretary.
(c) Annual Report.--The Secretary shall provide a report within 30
days after the end of each fiscal year to the Senate Committee on
Health, Education, Labor, and Pensions and the House of Representatives
Committee on Energy and Commerce setting forth the names of all
countries and exporters for which the guidance described in subsection
(a) was issued during that fiscal year.
(d) Rule of Construction.--Nothing in this Act, and no amendment
made by this Act, shall be construed to limit the existing authority of
the Secretary of Health and Human Services or the Secretary of the
Treasury to consider any information or to refuse admission of any
article under section 801(a) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381(a)).
SEC. 5. ISSUANCE OF TOLERANCES.
If, after the date of enactment of this Act, the Secretary of
Health and Human Services intends to issue a tolerance under section
512(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(b))
for any of the substances listed in section 530.41(a) of title 21, Code
of Federal Regulations, then the Secretary shall notify the Senate
Committee on Health, Education, Labor, and Pensions and the House of
Representatives Committee on Energy and Commerce before issuing that
tolerance. The Secretary shall include in the notification a draft of
any changes in Federal statute law that may be necessary.
SEC. 6. CONFORMING AMENDMENTS.
Section 801 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
381), as amended by subsection (a), is amended by--
(1) striking ``subsection (b)'' in subsection (d), as
redesignated by section 2(2) of this Act, and inserting
``subsection (c)'';
(2) striking ``subsection (e)'' in paragraph (1) of
subsection (g), as redesignated by section 2(2) of this Act,
and inserting ``subsection (f)'';
(3) striking ``section 801(a)'' in paragraph (1)(A)(i) of
subsection (h), as redesignated by section 2(2) of this Act,
and inserting ``subsection (a) of this section'';
(4) striking ``section 801(a)'' in paragraph (1)(A)(ii) of
subsection (h), as redesignated by section 2(2) of this Act,
and inserting ``subsection (a) of this section'';
(5) striking ``section 801(d)(1);'' in paragraph
(1)(A)(iii) of subsection (h), as redesignated by section 2(2)
of this Act, and inserting ``subsection (e)(1) of this
section;''.
(6) striking ``Subsection (b)'' in paragraph (2) of
subsection (k), as redesignated by section 2(2) of this Act,
and inserting ``Subsection (c)'';
(7) striking ``Subsection (b)'' in paragraph (1) of
subsection (l), as redesignated by section 2(2) of this Act,
and inserting ``Subsection (c)'';
(8) striking ``Subsection (b)'' in subsection (m), as
redesignated by section 2(2) of this Act, and inserting
``Subsection (c)''; and
(9) striking ``Subsection (b)'' in paragraph (2)(B)(i) of
subsection (n), as redesignated by section 2(2) of this Act,
and inserting ``Subsection (c)''. | Seafood Safety Enforcement Act - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of the Treasury to refuse admission to seafood that either appears to contain impermissible substances or originates from a country identified as a likely source of articles subject to refusal of admission (because of the likely presence of impermissible substances) Permits entry upon submission of acceptable evidence to the contrary.Directs the Secretary of Health and Human Services to issue guidance when an exporter or country appears to be a source of articles subject to refused admission based on specified criteria, including the detection of substances by other importing countries.Requires the Secretary to notify the appropriate congressional committees: (1) of all countries and exporters for which guidance was issued; and (2) before issuing a tolerance for any substance considered impermissible (the presence of which is considered grounds for refused admission). | {"src": "billsum_train", "title": "A bill to protect the health and safety of American consumers under the Federal Food, Drug, and Cosmetic Act from seafood contaminated by certain substances."} | 2,028 | 190 | 0.44297 | 1.376372 | 0.741601 | 3.439024 | 11.426829 | 0.878049 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) In General.--This Act may be cited as the ``Water Quality
Protection and Job Creation Act of 2016''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Federal Water Pollution Control Act.
TITLE I--WATER QUALITY FINANCING
Subtitle A--Technical and Management Assistance
Sec. 101. Technical assistance.
Sec. 102. State management assistance.
Sec. 103. Watershed pilot projects.
Sec. 104. Nonpoint source management programs.
Subtitle B--State Water Pollution Control Revolving Funds
Sec. 111. Capitalization grant agreements.
Sec. 112. Water pollution control revolving loan funds.
Sec. 113. State planning assistance.
Sec. 114. Intended use plan.
Sec. 115. Technical assistance.
Sec. 116. Authorization of appropriations.
TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
GRANTS
Sec. 201. Pilot program for alternative water source projects.
Sec. 202. Sewer overflow control grants.
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL 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 Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
TITLE I--WATER QUALITY FINANCING
Subtitle A--Technical and Management Assistance
SEC. 101. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural,
small, and tribal municipalities for the purpose of
assisting, in consultation with the State in which the
assistance is provided, such municipalities and tribal
governments in the planning, developing, and
acquisition of financing for eligible projects
described in section 603(c);
``(B) to provide technical assistance and training
for rural, small, and tribal publicly owned treatment
works and decentralized wastewater treatment systems to
enable such treatment works and systems to protect
water quality and achieve and maintain compliance with
the requirements of this Act; and
``(C) to disseminate information to rural, small,
and tribal municipalities and municipalities that meet
the affordability criteria established under section
603(i)(2) by the State in which the municipality is
located with respect to planning, design, construction,
and operation of publicly owned treatment works and
decentralized wastewater treatment systems.''.
(b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $100,000,000 for each of
fiscal years 2017 through 2021 for carrying out subsections
(b)(3), (b)(8), and (g), except that not less than 20 percent
of the amounts appropriated pursuant to this paragraph in a
fiscal year shall be used for carrying out subsection (b)(8)''.
SEC. 102. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) (33 U.S.C.
1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the semicolon at the end of paragraph (2)
and inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2016, and $300,000,000 for each of fiscal
years 2017 through 2021;''.
(b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is
amended by striking ``Beginning in fiscal year 1974 the'' and inserting
``The''.
SEC. 103. WATERSHED PILOT PROJECTS.
Section 122(c) is amended to read as follows:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $120,000,000 for each of fiscal
years 2017 through 2021.''.
SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) (33 U.S.C. 1329(j)) is amended by striking
``$70,000,000'' and all that follows through ``fiscal year 1991'' and
inserting ``$200,000,000 for each of fiscal years 2017 through 2021''.
Subtitle B--State Water Pollution Control Revolving Funds
SEC. 111. CAPITALIZATION GRANT AGREEMENTS.
Section 602(b) (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)(iii), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(15) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2016, to provide assistance to
municipalities of fewer than 10,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for projects or activities included on the State's
priority list under section 603(g), to the extent that there
are sufficient applications for such assistance.''.
SEC. 112. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603(d) (33 U.S.C. 1383(d)) is amended--
(1) by striking ``and'' at the end of paragraph (6);
(2) by striking the period at the end of paragraph (7) and
inserting a semicolon; and
(3) by adding at the end the following:
``(8) to provide grants to owners and operators of
treatment works that serve a population of 10,000 or fewer for
obtaining technical and planning assistance and assistance in
financial management, user fee analysis, budgeting, capital
improvement planning, facility operation and maintenance,
equipment replacement, and other activities to improve
wastewater treatment plant management and operations, except
that the total amount provided by the State in grants under
this paragraph for a fiscal year may not exceed one percent of
the total amount of assistance provided by the State from the
fund in the preceding fiscal year, or 2 percent of the total
amount received by the State in capitalization grants under
this title in the preceding fiscal year, whichever amount is
greatest; and
``(9) to provide grants to owners and operators of
treatment works for conducting an assessment of the energy and
water consumption of the treatment works, and evaluating
potential opportunities for energy and water conservation
through facility operation and maintenance, equipment
replacement, and projects or activities that promote the
efficient use of energy and water by the treatment works,
except that the total amount provided by the State in grants
under this paragraph for a fiscal year may not exceed one
percent of the total amount of assistance provided by the State
from the fund in the preceding fiscal year, or 2 percent of the
total amount received by the State in capitalization grants
under this title in the preceding fiscal year, whichever amount
is greatest.''.
SEC. 113. STATE PLANNING ASSISTANCE.
Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1
percent'' and inserting ``2 percent''.
SEC. 114. INTENDED USE PLAN.
(a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g))
is amended to read as follows:
``(g) Priority List.--
``(1) In general.--For fiscal year 2017 and each fiscal
year thereafter, a State shall establish or update a list of
projects and activities for which assistance is sought from the
State's water pollution control revolving fund. Such projects
and activities shall be listed in priority order based on the
methodology established under paragraph (2). The State may
provide financial assistance from the State's water pollution
control revolving fund only with respect to a project or
activity included on such list. In the case of projects and
activities eligible for assistance under subsection (c)(2), the
State may include on such list a category or subcategory of
nonpoint sources of pollution to be addressed.
``(2) Methodology.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, and after
providing notice and opportunity for public comment,
each State shall establish a methodology for developing
a priority list under paragraph (1).
``(B) Priority for projects and activities that
achieve greatest water quality improvement.--In
developing the methodology, the State shall seek to
achieve the greatest degree of water quality
improvement, taking into consideration--
``(i) the requirements of section
602(b)(5);
``(ii) whether such water quality
improvements would be realized without
assistance under this title; and
``(iii) whether the proposed projects and
activities would address water quality
impairments associated with existing treatment
works.
``(C) Considerations in selecting projects and
activities.--In determining which projects and
activities will achieve the greatest degree of water
quality improvement, the State shall consider--
``(i) information developed by the State
under sections 303(d) and 305(b);
``(ii) the State's continuing planning
process developed under sections 205(j) and
303(e);
``(iii) whether such project or activity
may have a beneficial impact related to the
purposes identified under section 302(a);
``(iv) the State's management program
developed under section 319; and
``(v) conservation and management plans
developed under section 320 with respect to an
estuary lying in whole or in part within the
State.
``(D) Nonpoint sources.--For categories or
subcategories of nonpoint sources of pollution that a
State may include on its priority list under paragraph
(1), the State shall consider the cumulative water
quality improvements associated with projects or
activities carried out pursuant to the listing of such
categories or subcategories.
``(E) Existing methodologies.--If a State has
previously developed, after providing notice and an
opportunity for public comment, a methodology that
meets the requirements of this paragraph, the State may
use the methodology for the purposes of this
subsection.''.
(b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is
amended--
(1) in the matter preceding paragraph (1) by inserting
``and publish'' after ``each State shall annually prepare'';
(2) by striking paragraph (1) and inserting the following:
``(1) the State's priority list developed under section
603(g);'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following:
``(6) if the State does not fund projects and activities in
the order of the priority established under section 603(g), an
explanation of why such a change in order is appropriate.''.
(c) Transitional Provision.--Before completion of a priority list
based on a methodology established under section 603(g) of the Federal
Water Pollution Control Act (as amended by this section), a State shall
continue to comply with the requirements of sections 603(g) and 606(c)
of such Act, as in effect on the day before the date of enactment of
this Act.
SEC. 115. TECHNICAL ASSISTANCE.
Section 607 is amended to read as follows:
``SEC. 607. TECHNICAL ASSISTANCE.
``(a) Simplified Procedures.--Not later than 1 year after the date
of enactment of this section, the Administrator shall assist the States
in establishing simplified procedures for treatment works to obtain
assistance under this title.
``(b) Publication of Manual.--Not later than 2 years after the date
of the enactment of this section, and after providing notice and
opportunity for public comment, the Administrator shall publish a
manual to assist treatment works in obtaining assistance under this
title and publish in the Federal Register notice of the availability of
the manual.''.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end
the following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out the purposes
of this title the following sums:
``(1) $2,000,000,000 for fiscal year 2017.
``(2) $3,000,000,000 for fiscal year 2018.
``(3) $4,000,000,000 for fiscal year 2019.
``(4) $5,000,000,000 for fiscal year 2020.
``(5) $6,000,000,000 for fiscal year 2021.''.
TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
GRANTS
SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is
amended by striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(b) Committee Resolution Procedure.--Section 220 (33 U.S.C.
1300(e)) is amended by striking subsection (e) and redesignating
subsections (f) through (j) as subsections (e) through (i),
respectively.
(c) Definitions.--Section 220(h)(1) (as redesignated by subsection
(c) of this section) is amended by striking ``or wastewater or by
treating wastewater'' and inserting ``, wastewater, or stormwater or by
treating wastewater or stormwater''.
(d) Authorization of Appropriations.--Section 220(i) (as
redesignated by subsection (c) of this section) is amended by striking
``$75,000,000 for fiscal years 2002 through 2004'' and inserting
``$75,000,000 for each of fiscal years 2017 through 2021''.
SEC. 202. SEWER OVERFLOW CONTROL GRANTS.
Section 221 (33 U.S.C. 1301) is amended--
(1) by amending the section heading to read as follows:
``sewer overflow and stormwater reuse municipal grants'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Grants to states.--The Administrator may make grants
to States for the purpose of providing grants to a municipality
or municipal entity for planning, design, and construction of
treatment works to intercept, transport, control, treat, or
reuse municipal combined sewer overflows, sanitary sewer
overflows, or stormwater.
``(2) Direct municipal grants.--Subject to subsection (g),
the Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph
(1).'';
(3) by amending subsection (e) to read as follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section. For the purposes of this subsection, a
Governor may not determine that the requirements of title VI relating
to the application of section 513 are inconsistent with the purposes of
this section.'';
(4) by amending subsection (f) to read as follows:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $500,000,000 for each of fiscal years
2017 through 2021.
``(2) Minimum allocations.--To the extent there are
sufficient eligible project applications, the Administrator
shall ensure that a State uses not less than 20 percent of the
amount of the grants made to the State under subsection (a) in
a fiscal year to carry out projects to intercept, transport,
control, treat, or reuse municipal combined sewer overflows,
sanitary sewer overflows, or stormwater through the use of
green infrastructure, water and energy efficiency improvements,
and other environmentally innovative activities.''; and
(5) by amending subsection (g) to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2017.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2017 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2018 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2018 and
each fiscal year thereafter for making grants to States under
subsection (a)(1) in accordance with a formula to be
established by the Administrator, after providing notice and an
opportunity for public comment, that allocates to each State a
proportional share of such amounts based on the total needs of
the State for municipal combined sewer overflow controls,
sanitary sewer overflow controls, and stormwater identified in
the most recent survey conducted pursuant to section 516 and
any other information the Administrator considers
appropriate.''. | Water Quality Protection and Job Creation Act of 2016 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2021 and revise specified wastewater infrastructure programs and water pollution control programs, including the clean water state revolving fund program and a grant program for protecting groundwater quality. | {"src": "billsum_train", "title": "Water Quality Protection and Job Creation Act of 2016"} | 4,165 | 77 | 0.448463 | 1.069628 | 0.641395 | 2.016667 | 61.166667 | 0.783333 |
SECTION 1. SHORT TITLE, ETC.
(a) Short Title.--This Act may be cited as the ``HSA Improvement
and Expansion Act of 2007''.
(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 is as follows:
Sec. 1. Short title, etc.
Sec. 2. Health reimbursement arrangements and spending arrangements in
combination with health savings accounts.
Sec. 3. Increase in annual HSA contribution limitation.
Sec. 4. Purchase of health insurance from HSA account.
Sec. 5. Special rule for certain medical expenses incurred before
establishment of account.
Sec. 6. Provisions relating to Medicare.
Sec. 7. Individuals eligible for veterans benefits for a service-
connected disability.
Sec. 8. Allow both spouses to make catch-up contributions to the same
HSA account.
Sec. 9. FSA and HRA Termination to fund HSAs.
SEC. 2. HEALTH REIMBURSEMENT ARRANGEMENTS AND SPENDING ARRANGEMENTS IN
COMBINATION WITH HEALTH SAVINGS ACCOUNTS.
(a) In General.--Subparagraph (B) of section 223(c)(1) (relating to
certain coverage disregarded) 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) coverage under a flexible spending
arrangement or a health reimbursement
arrangement, or both, which meets the
requirements of paragraph (6).''.
(b) Combination Health Reimbursement, Savings, and Spending
Arrangements.--Subsection (c) of section 223 (relating to definitions
and special rules) is amended by adding at the end the following new
paragraph:
``(6) Combined limit for contributions or credits to health
reimbursement, arrangements and spending arrangements.--
``(A) In general.--In the case of coverage under a
flexible spending arrangement or a health reimbursement
arrangement, or both, such coverage meets the
requirements of this paragraph if, with respect to an
individual--
``(i) the sum of--
``(I) the amount allowable as a
deduction under subsection (a),
``(II) the salary reduction amount
elected by the individual and, if
applicable, the employer contribution
or credit allocated to the individual
for the taxable year under the flexible
spending arrangement (as defined in
section 106(c)(2)), plus
``(III) the amounts that the
individual is permitted, under the
terms of the plan, to receive in
reimbursements for the taxable year
under the health reimbursement
arrangement, does not exceed
``(ii) the sum of the annual deductible and
the other annual out-of-pocket expenses (other
than for premiums) required to be paid under
the plan by the eligible individual for covered
benefits.
``(B) Exceptions for disregarded coverage.--For
purposes of subparagraph (A)--
``(i) Certain flexible spending
arrangements.--Any flexible spending
arrangement salary reduction amounts or
employer contributions or credits that are
restricted by the employer to use for coverage
described in paragraph (1)(B) shall not be
taken into account under subparagraph
(A)(i)(II).
``(ii) Certain health reimbursement
arrangements.--Any reimbursements from a health
reimbursement arrangement for coverage
described in paragraph (1)(B) shall not be
taken into account under subparagraph
(A)(i)(III).
``(iii) Qualified hsa distributions from
fsa and hra terminations.--Any qualified HSA
distribution (as defined in section 106(e))
shall not be taken into account under
subparagraph (A)(i).
``(C) Termination.--Coverage shall not be treated
as meeting the requirements of this paragraph for any
taxable year beginning after December 31, 2012.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. INCREASE IN ANNUAL HSA CONTRIBUTION LIMITATION.
(a) In General.--Paragraph (2) of section 223(b) (relating to
monthly limitation) is amended--
(1) in subparagraph (A) by striking ``$2,250'' and
inserting ``$4,500'', and
(2) in subparagraph (B) by striking ``$4,500'' and
inserting ``$9,000''.
(b) Cost-of-Living Adjustment.--Section 223(g)(1)(B)(i) is amended
by striking ``calendar year 1997'' and inserting ``calendar year
2007''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 4. PURCHASE OF HEALTH INSURANCE FROM HSA ACCOUNT.
(a) In General.--Paragraph (2) of section 223(d) (defining
qualified medical expenses) is amended--
(1) by striking subparagraphs (B) and (C),
(2) in subparagraph (A) by striking ``(a) in general.--''
and moving the text 2 ems to the left, and
(3) by inserting `` and including payment for insurance)''
after ``section 213(d)''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to insurance purchased after the date of the
enactment of this Act in taxable years beginning after such date.
SEC. 5. SPECIAL RULE FOR CERTAIN MEDICAL EXPENSES INCURRED BEFORE
ESTABLISHMENT OF ACCOUNT.
(a) In General.--Subsection (d) of section 223, as amended by
section 4, is amended by redesignating paragraph (4) as paragraph (5)
and by inserting after paragraph (3) the following new paragraph:
``(4) Certain medical expenses incurred before
establishment of account treated as qualified.--
``(A) In general.--For purposes of paragraph (2),
an expense shall not fail to be treated as a qualified
medical expense solely because such expense was
incurred before the establishment of the health savings
account if such expense was incurred during the 60-day
period beginning on the date on which the high
deductible health plan is first effective.
``(B) Special rules.--For purposes of subparagraph
(A)--
``(i) an individual shall be treated as an
eligible individual for any portion of a month
for which the individual is described in
subsection (c)(1), determined without regard to
whether the individual is covered under a high
deductible health plan on the 1st day of such
month, and
``(ii) the effective date of the health
savings account is deemed to be the date on
which the high deductible health plan is first
effective after the date of the enactment of
this paragraph.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to insurance purchased after the date of the enactment of
this Act in taxable years beginning after such date.
SEC. 6. PROVISIONS RELATING TO MEDICARE.
(a) Individuals Over Age 65 Only Enrolled in Medicare Part A.--
Section 223(b)(7) (relating to contribution limitation on Medicare
eligible individuals) is amended by adding at the end the following new
sentence: ``This paragraph shall not apply to any individual during any
period the individual's only entitlement to such benefits is an
entitlement to hospital insurance benefits under part A of title XVIII
of such Act pursuant to an enrollment for such hospital insurance
benefits under section 226(a)(1) of such Act.''.
(b) Medicare Beneficiaries Participating in Medicare Advantage MSA
May Contribute Their Own Money to Their MSA.--Subsection (b) of section
138 is amended by striking paragraph (2) and redesignating paragraphs
(3) and (4) as paragraphs (2) and (3), respectively.
(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. 7. INDIVIDUALS ELIGIBLE FOR VETERANS BENEFITS FOR A SERVICE-
CONNECTED DISABILITY.
(a) In General.--Section 223(c)(1) (defining eligible individual)
is amended by adding at the end the following new subparagraph:
``(D) Special rule for individuals eligible for
certain veterans benefits.--For purposes of
subparagraph (A)(ii), an individual shall not be
treated as covered under a health plan described in
such subparagraph merely because the individual
receives periodic hospital care or medical services for
a service-connected disability under any law
administered by the Secretary of Veterans Affairs but
only if the individual is not eligible to receive such
care or services for any condition other than a
service-connected disability.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 8. ALLOW BOTH SPOUSES TO MAKE CATCH-UP CONTRIBUTIONS TO THE SAME
HSA ACCOUNT.
(a) In General.--Paragraph (3) of section 223(b) is amended by
adding at the end the following new subparagraph:
``(C) Special rule where both spouses are eligible
individuals with 1 account.--If--
``(i) an individual and the individual's
spouse have both attained age 55 before the
close of the taxable year, and
``(ii) the spouse is not an account
beneficiary of a health savings account as of
the close of such year,
the additional contribution amount shall be 200 percent
of the amount otherwise determined under subparagraph
(B).''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 9. FSA AND HRA TERMINATION TO FUND HSAS.
(a) Grace Period Not Required.--Section 106(e)(2) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: ``A distribution shall not fail to be treated as a qualified
HSA distribution merely because the balance in such arrangement is
determined without regard to the requirement that unused amounts
remaining at the end of a plan year must be forfeited in the absence of
a grace period.''.
(b) Deposit in Limited FSA or HRA of Funds in Excess FSA or HRA
Termination Distribution.--Paragraph (1) of section 106(e) of such Code
is amended by inserting before the period at the end thereof the
following: ``and the deposit of funds in excess of a qualified HSA
distribution amount into a health flexible spending account or health
reimbursement arrangement which is compatible with a health savings
account and which, on the date of such distribution, is a part of the
employer's plan''.
(c) Disclaimer of Disqualifying Coverage.--Subparagraph (B) of
section 223(c)(1) of such Code 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) any coverage (whether actual or
prospective) otherwise described in
subparagraph (A)(ii) which is disclaimed at the
time of the creation or organization of the
health savings account.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | HSA Improvement and Expansion Act of 2007 - Amends Internal Revenue Code provisions relating to health savings accounts (HSAs) to: (1) allow HSAs to incorporate flexible spending and health reimbursement arrangements; (2) increase the annual HSA contribution limitation; (3) permit the use of HSAs to purchase health insurance; (4) allow the payment of certain medical expenses incurred before the establishment of an HSA; (5) allow veterans eligible for service-connected disability benefits to establish an HSA; and (6) allow spouses to make increased catch-up contributions to a single HSA. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to improve access to health care through expanded health savings accounts."} | 2,744 | 125 | 0.567066 | 1.413618 | 0.643178 | 2.300885 | 20.902655 | 0.902655 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HIV Clinical Services Improvement
Act''.
SEC. 2. MEDICAID PAYMENT FOR SERVICES FURNISHED BY RYAN WHITE PART C
GRANTEES ON A COST-BASED PROSPECTIVE PAYMENT SYSTEM.
(a) In General.--Section 1902 of the Social Security Act (42 U.S.C.
1396a) is amended--
(1) in subsection (a)(15), by inserting before the
semicolon at the end the following: ``and provide for payment
for services described in section 1905(a) provided by a
recipient of a grant under part C of title XXVI of the Public
Health Service Act in accordance with subsection (ll)''; and
(2) by adding at the end the following new subsection:
``(ll) Payment for Services Provided by Ryan White Part C
Grantees.--
``(1) In general.--Beginning with fiscal year 2016 with
respect to services furnished on or after January 1, 2016, and
each succeeding fiscal year, the State plan shall provide for
payment for services described in section 1905(a) (in this
subsection referred to as `Medicaid covered services')
furnished by a recipient of a grant under part C of title XXVI
of the Public Health Service Act (in this subsection referred
to as a `grantee') in accordance with the provisions of this
subsection.
``(2) Fiscal year 2016.--Subject to paragraph (4), for
services furnished on and after January 1, 2016, during fiscal
year 2016, the State plan shall provide for payment for such
services in an amount (calculated on a per visit or similar
basis as specified by the Secretary) that is equal to 100
percent of the average of the costs of the grantee of
furnishing such services during fiscal years 2014 and 2015
which are reasonable and related to the cost of furnishing such
services, or based on such other tests of reasonableness as the
Secretary prescribes in regulations under section 1833(a)(3),
or, in the case of services to which such regulations do not
apply, the same methodology used under section 1833(a)(3),
adjusted to take into account any increase or decrease in the
scope of such services furnished by the grantee during fiscal
year 2016.
``(3) Fiscal year 2017 and succeeding fiscal years.--
Subject to paragraph (4), for services furnished during fiscal
year 2017 or a succeeding fiscal year, the State plan shall
provide for payment for such services in an amount (calculated
on a per visit or similar basis) that is equal to the amount
calculated for such services under this subsection for the
preceding fiscal year--
``(A) increased by the percentage increase in the
MEI (as defined in section 1842(i)(3)) applicable to
primary care services (as defined in section
1842(i)(4)) for that fiscal year; and
``(B) adjusted to take into account any increase or
decrease in the scope of such services furnished by the
grantee during that fiscal year.
``(4) Establishment of initial year payment amount for new
grantees.--In any case in which an entity first becomes a
grantee after fiscal year 2015, the State plan shall provide
for payment for Medicaid covered services furnished by the
entity in the first fiscal year in which the entity so
qualifies in an amount (calculated on a per visit or similar
basis) that is equal to 100 percent of the costs of furnishing
such services during such fiscal year based on the rates
established under this subsection for the fiscal year for other
such grantees located in the same or adjacent area with a
similar case load or, in the absence of such a grantee, in
accordance with the regulations and methodology referred to in
paragraph (2) or based on such other tests of reasonableness as
the Secretary may specify. For each fiscal year following the
fiscal year in which the entity first qualifies, the State plan
shall provide for the payment amount to be calculated in
accordance with paragraph (3).
``(5) Administration in the case of managed care.--
``(A) In general.--In the case of services
furnished by a grantee pursuant to a contract between
the grantee and a managed care entity (as defined in
section 1932(a)(1)(B)), the State plan shall provide
for payment to the grantee by the State of a
supplemental payment equal to the amount (if any) by
which the amount determined under paragraphs (2), (3),
and (4) exceeds the amount of the payments provided
under the contract.
``(B) Payment schedule.--The supplemental payment
required under subparagraph (A) shall be made pursuant
to a payment schedule agreed to by the State and the
grantee, but in no case less frequently than every 4
months.
``(6) Alternative payment methodologies.--Notwithstanding
any other provision of this section, the State plan may provide
for payment in any fiscal year to a grantee for Medicaid
covered services in an amount which is determined under an
alternative payment methodology that--
``(A) is agreed to by the State and the grantee;
and
``(B) results in payment to the grantee of an
amount which is at least equal to the amount otherwise
required to be paid to the grantee under this
subsection.
``(7) Quality management and reporting requirements.--The
Secretary shall require that, as appropriate, a grantee shall
be subject to quality management and reporting requirements
comparable to those imposed on Federally-qualified health
centers, including reporting of encounter data, clinical
outcomes data, quality data, and such other data as the
Secretary shall require, as a condition of such grantee
receiving payment for Medicaid covered services under this
subsection.''.
(b) Effective Date.--
(1) Except as provided in paragraph (2), the amendments
made by subsection (a) shall apply to services furnished on or
after January 1, 2016, without regard to whether or not final
regulations to carry out such amendments have been promulgated
by such date.
(2) In the case of a State plan for medical assistance
under title XIX of the Social Security Act which 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 by subsection (a), 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. | HIV Clinical Services Improvement Act This bill amends title XIX (Medicaid) of the Social Security Act to require payment under the Medicaid program for services furnished by recipients of Ryan White Part C grants, which support comprehensive primary care in outpatient settings for individuals living with HIV. Providers must be paid an amount equivalent to the prior average costs of providing these services. However, a state plan may establish an alternative payment methodology that: (1) is agreed to by the state and the grantee, and (2) results in payment to the grantee that at least equals the amount otherwise required to be paid to the grantee under the bill. As a condition of receiving payment under the bill, a grantee shall be subject to specified quality management and reporting requirements. | {"src": "billsum_train", "title": "HIV Clinical Services Improvement Act"} | 1,516 | 162 | 0.571649 | 1.701658 | 0.9061 | 3.041379 | 9.737931 | 0.848276 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Control Center Enhancement
and Awareness Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Each year more than 2,000,000 poisonings are reported
to poison control centers throughout the United States. More
than 90 percent of these poisonings happen in the home. 53
percent of poisoning victims are children younger than 6 years
of age.
(2) Poison centers are life-saving and cost-effective
public health services. For every dollar spent on poison
control centers, $7 in medical costs are saved. The average
cost of a poisoning exposure call is $31.28, while the average
cost if other parts of the medical system are involved is $932.
Over the last 2 decades, the instability and lack of funding
has resulted in a steady decline in the number of poison
control centers in the United States. Currently, there are 75
such centers.
(3) Stabilizing the funding structure and increasing
accessibility to poison control centers will increase the
number of United States residents who have access to a
certified poison control center, and reduce the inappropriate
use of emergency medical services and other more costly health
care services.
SEC. 3. DEFINITION.
In this Act, the term ``Secretary'' means the Secretary of Health
and Human Services.
SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER.
(a) In General.--The Secretary shall provide coordination and
assistance to regional poison control centers for the establishment of
a nationwide toll-free phone number to be used to access such centers.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $2,000,000 for each of the
fiscal years 1999 through 2001.
SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN.
(a) In General.--The Secretary shall establish a national media
campaign to educate the public and health care providers about poison
prevention and the availability of poison control resources in local
communities and to conduct advertising campaigns concerning the
nationwide toll-free number established under section 4.
(b) Contract With Entity.--The Secretary may carry out subsection
(a) by entering into contracts with 1 or more nationally recognized
media firms for the development and distribution of monthly television,
radio, and newspaper public service announcements.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $600,000 for each of the fiscal
years 1999 through 2003.
SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM.
(a) Regional Poison Control Centers.--The Secretary shall award
grants to certified regional poison control centers for the purposes of
achieving the financial stability of such centers, and for preventing
and providing treatment recommendations for poisonings.
(b) Other Improvements.--The Secretary shall also use amounts
received under this section to--
(1) develop standard education programs;
(2) develop standard patient management protocols for
commonly encountered toxic exposures;
(3) improve and expand the poison control data collection
systems; and
(4) improve national toxic exposure surveillance.
(c) Certification.--Except as provided in subsection (d), the
Secretary may make a grant to a center under subsection (a) only if the
center has been certified by a professional organization in the field
of poison control, and the Secretary has approved the organization as
having in effect standards for certification that reasonably provide
for the protection of the public health with respect to poisoning.
(d) Waiver of Certification Requirements.--
(1) In general.--The Secretary may grant a waiver of the
certification requirement of subsection (a) with respect to a
noncertified poison control center that applies for a grant
under this section if such center can reasonably demonstrate
that the center will obtain such a certification within a
reasonable period of time as determined appropriate by the
Secretary.
(2) Renewal.--The Secretary may only renew a waiver under
paragraph (1) for a period of 3 years.
(e) Supplement not Supplant.--Amounts made available to a poison
control center under this section shall be used to supplement and not
supplant other Federal, State, local or private funds provided for such
center.
(f) Maintenance of Effort.--A poison control center, in utilizing
the proceeds of a grant under this section, shall maintain the
expenditures of the center for activities of the center at a level that
is equal to not less than the level of such expenditures maintained by
the center for the fiscal year preceding the fiscal year for which the
grant is received.
(g) Matching Requirement.--The Secretary may impose a matching
requirement with respect to amounts provided under a grant under this
section if the Secretary determines appropriate.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section, $25,000,000 for each of the
fiscal years 1999 through 2001. | Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations for FY 1999 through 2001.
Requires the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations for FY 1999 through 2003.
Directs the Secretary to award grants to certified regional poison control centers for purposes of achieving financial stability and for preventing and providing treatment recommendations for poisoning. Lists other activities for which the Secretary shall use funds. Sets forth center certification requirements. Authorizes appropriations for FY 1999 through 2001. | {"src": "billsum_train", "title": "Poison Control Center Enhancement and Awareness Act"} | 1,090 | 184 | 0.611342 | 1.653056 | 1.05065 | 5.138365 | 6.245283 | 0.874214 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Notch Fairness Act of 2007''.
SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE
ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD.
(a) In General.--Section 215(a) of the Social Security Act is
amended--
(1) in paragraph (4)(B), by inserting ``(with or without
the application of paragraph (8))'' after ``would be made'',
and by striking ``1984'' in clause (i) and inserting ``1989'';
and
(2) by adding at the end the following:
``(8)(A) In the case of an individual described in paragraph (4)(B)
(subject to subparagraphs (F) and (G) of this paragraph), the amount of
the individual's primary insurance amount as computed or recomputed
under paragraph (1) shall be deemed equal to the sum of--
``(i) such amount, and
``(ii) the applicable transitional increase amount (if
any).
``(B) For purposes of subparagraph (A)(ii), the term `applicable
transitional increase amount' means, in the case of any individual, the
product derived by multiplying--
``(i) the excess under former law, by
``(ii) the applicable percentage in relation to the year in
which the individual becomes eligible for old-age insurance
benefits, as determined by the following table:
``If the individual becomes The applicable
eligible for such benefits in: percentage is:
1979................................................... 55
1980................................................... 45
1981................................................... 35
1982................................................... 32
1983................................................... 25
1984................................................... 20
1985................................................... 16
1986................................................... 10
1987................................................... 3
1988................................................... 5.
``(C) For purposes of subparagraph (B), the term `excess under
former law' means, in the case of any individual, the excess of--
``(i) the applicable former law primary insurance amount,
over
``(ii) the amount which would be such individual's primary
insurance amount if computed or recomputed under this section
without regard to this paragraph and paragraphs (4), (5), and
(6).
``(D) For purposes of subparagraph (C)(i), the term `applicable
former law primary insurance amount' means, in the case of any
individual, the amount which would be such individual's primary
insurance amount if it were--
``(i) computed or recomputed (pursuant to paragraph
(4)(B)(i)) under section 215(a) as in effect in December 1978,
or
``(ii) computed or recomputed (pursuant to paragraph
(4)(B)(ii)) as provided by subsection (d),
(as applicable) and modified as provided by subparagraph (E).
``(E) In determining the amount which would be an individual's
primary insurance amount as provided in subparagraph (D)--
``(i) subsection (b)(4) shall not apply;
``(ii) section 215(b) as in effect in December 1978 shall
apply, except that section 215(b)(2)(C) (as then in effect)
shall be deemed to provide that an individual's `computation
base years' may include only calendar years in the period after
1950 (or 1936 if applicable) and ending with the calendar year
in which such individual attains age 61, plus the 3 calendar
years after such period for which the total of such
individual's wages and self-employment income is the largest;
and
``(iii) subdivision (I) in the last sentence of paragraph
(4) shall be applied as though the words `without regard to any
increases in that table' in such subdivision read `including
any increases in that table'.
``(F) This paragraph shall apply in the case of any individual only
if such application results in a primary insurance amount for such
individual that is greater than it would be if computed or recomputed
under paragraph (4)(B) without regard to this paragraph.
``(G)(i) This paragraph shall apply in the case of any individual
subject to any timely election to receive lump sum payments under this
subparagraph.
``(ii) A written election to receive lump sum payments under this
subparagraph, in lieu of the application of this paragraph to the
computation of the primary insurance amount of an individual described
in paragraph (4)(B), may be filed with the Commissioner of Social
Security in such form and manner as shall be prescribed in regulations
of the Commissioner. Any such election may be filed by such individual
or, in the event of such individual's death before any such election is
filed by such individual, by any other beneficiary entitled to benefits
under section 202 on the basis of such individual's wages and self-
employment income. Any such election filed after December 31, 2007,
shall be null and void and of no effect.
``(iii) Upon receipt by the Commissioner of a timely election filed
by the individual described in paragraph (4)(B) in accordance with
clause (ii)--
``(I) the Commissioner shall certify receipt of such
election to the Secretary of the Treasury, and the Secretary of
the Treasury, after receipt of such certification, shall pay
such individual, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000,
in 4 annual lump sum installments of $1,250, the first of which
shall be made during fiscal year 2008 not later than July 1,
2008, and
``(II) subparagraph (A) shall not apply in determining such
individual's primary insurance amount.
``(iv) Upon receipt by the Commissioner as of December 31, 2007, of
a timely election filed in accordance with clause (ii) by at least one
beneficiary entitled to benefits on the basis of the wages and self-
employment income of a deceased individual described in paragraph
(4)(B), if such deceased individual has filed no timely election in
accordance with clause (ii)--
``(I) the Commissioner shall certify receipt of all such
elections received as of such date to the Secretary of the
Treasury, and the Secretary of the Treasury, after receipt of
such certification, shall pay each beneficiary filing such a
timely election, from amounts in the Federal Old-Age and
Survivors Insurance Trust Fund, a total amount equal to $5,000
(or, in the case of 2 or more such beneficiaries, such amount
distributed evenly among such beneficiaries), in 4 equal annual
lump sum installments, the first of which shall be made during
fiscal year 2008 not later than July 1, 2008, and
``(II) solely for purposes of determining the amount of
such beneficiary's benefits, subparagraph (A) shall be deemed
not to apply in determining the deceased individual's primary
insurance amount.''.
(b) Effective Date and Related Rules.--
(1) Applicability of amendments.--
(A) In general.--Except as provided in paragraph
(2), the amendments made by this Act shall be effective
as though they had been included or reflected in
section 201 of the Social Security Amendments of 1977.
(B) Applicability.--No monthly benefit or primary
insurance amount under title II of the Social Security
Act shall be increased by reason of such amendments for
any month before July 2008.
(2) Recomputation to reflect benefit increases.--In any
case in which an individual is entitled to monthly insurance
benefits under title II of the Social Security Act for June
2008, if such benefits are based on a primary insurance amount
computed--
(A) under section 215 of such Act as in effect (by
reason of the Social Security Amendments of 1977) after
December 1978, or
(B) under section 215 of such Act as in effect
prior to January 1979 by reason of subsection (a)(4)(B)
of such section (as amended by the Social Security
Amendments of 1977),
the Commissioner of Social Security (notwithstanding section
215(f)(1) of the Social Security Act) shall recompute such
primary insurance amount so as to take into account the
amendments made by this Act. | Notch Fairness Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who became eligible (at age 62) for (early retirement) old-age insurance benefits after 1978 and before 1989 (and reached age 65 for full-retirement benefits after 1981 and before 1992).
Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% keyed to the year an individual became eligible for (early retirement) benefits between 1978 and 1989.
Provides for an election to receive such payments in a lump sum. | {"src": "billsum_train", "title": "To amend title II of the Social Security Act to allow workers who attain age 65 after 1981 and before 1992 to choose either lump sum payments over four years totalling $5,000 or an improved benefit computation formula under a new 10-year rule governing the transition to the changes in benefit computation rules enacted in the Social Security Amendments of 1977, and for other purposes."} | 1,854 | 169 | 0.504048 | 1.313266 | 0.632098 | 1.628378 | 11.466216 | 0.777027 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``David Ray Hate Crimes Prevention Act
of 2007'' or ``David's Law''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or
perceived race, color, national origin, religion, sexual
orientation, gender, or disability of the victim poses a
serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this
problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted
groups and forcing such members to move across State
lines to escape the incidence or risk of such violence;
and
(B) by preventing members of targeted groups from
purchasing goods and services, obtaining or sustaining
employment or participating in other commercial
activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to
facilitate the commission of such violence;
(7) such violence is committed using articles that have
traveled in interstate commerce;
(8) violence motivated by bias that is a relic of slavery
can constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to
respond to the challenges posed by such violence, the problem
is sufficiently serious, widespread, and interstate in scope to
warrant Federal intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on
the actual or perceived race, color, national origin, religion,
sexual orientation, gender, or disability, of the victim, while
other States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term ``hate crime'' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement Act
of 1994 (28 U.S.C. 994 note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race, color,
religion, or national origin of any person--
``(A) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(B) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both if--
``(i) death results from the acts committed in
violation of this paragraph; or
``(ii) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
``(i) shall be imprisoned not more than 10 years, or fined
in accordance with this title, or both; and
``(ii) shall be imprisoned for any term of years or for
life, or fined in accordance with this title, or both, if--
``(I) death results from the acts committed in
violation of this paragraph; or
``(II) the acts committed in violation of this
paragraph include kidnapping or an attempt to kidnap,
aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
``(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
``(i) in connection with the offense, the defendant or the
victim travels in interstate or foreign commerce, uses a
facility or instrumentality of interstate or foreign commerce,
or engages in any activity affecting interstate or foreign
commerce; or
``(ii) the offense is in or affects interstate or foreign
commerce.''.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines.--Pursuant to its
authority under section 994 of title 28, United States Code, the United
States Sentencing Commission shall study the issue of adult recruitment
of juveniles to commit hate crimes and shall, if appropriate, amend the
Federal sentencing guidelines to provide sentencing enhancements (in
addition to the sentencing enhancement provided for the use of a minor
during the commission of an offense) for adult defendants who recruit
juveniles to assist in the commission of hate crimes.
(b) Consistency With Other Guidelines.--In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other
Federal sentencing guidelines; and
(2) avoid duplicative punishments for substantially the
same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants.--The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as the
Attorney General may prescribe, to State and local programs designed to
combat hate crimes committed by juveniles.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2007, 2008, and 2009 such sums as
are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United States
Code (as amended by this Act). | David Ray Hate Crimes Prevention Act of 2007 or David's Law - Amends the federal criminal code to impose penalties for willfully causing bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempting to cause such injury, whether or not acting under color of law, because of the actual or perceived race, color, religion, national origin, gender, sexual orientation, or disability of any person, where the offense is in or affects interstate or foreign commerce.
Directs the U.S. Sentencing Commission to study the issue of adult recruitment of juveniles to commit hate crimes and, if appropriate, to amend the federal sentencing guidelines to provide sentencing enhancements for such an offense.
Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to make grants to state and local programs designed to combat hate crimes committed by juveniles.
Authorizes appropriations to the Department of the Treasury and to DOJ for FY2007-FY2009 to increase the number of personnel to protect against criminal interference with federally-protected activities. | {"src": "billsum_train", "title": "To enhance Federal enforcement of hate crimes, and for other purposes."} | 1,452 | 254 | 0.512539 | 1.564757 | 0.626894 | 5.278846 | 6.365385 | 0.875 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Oil Displacement Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the strategic interests of the United States would be
served by a reduction in the Nation's dependence upon imported
oil to produce transportation fuels and other products vital to
both the domestic economy and national security;
(2) this goal would be served by the development of a
viable, commercially competitive synthetic fuels industry
reliant upon domestic coals and other plentiful, nontraditional
carbonaceous feedstocks; and
(3) temporary financial incentives are required to foster
private investment in the technology, design, construction, and
operation of strategic facilities capable of producing
synthetic fuels on a commercial scale.
SEC. 3. CARBONACEOUS FUELS FACILITY CREDIT.
(a) Allowance of Carbonaceous Fuels Facility Credit.--Section 46 of
the Internal Revenue Code of 1986 is amended by striking ``and'' at the
end of paragraph (2), by striking the period at the end of paragraph
(3) and inserting ``, and'', and by inserting after paragraph (3) the
following new paragraph:
``(4) the carbonaceous fuels facility credit.''
(b) Amount of Carbonaceous Fuels Facility Credit.--Section 48 of
such Code (relating to the energy credit and the reforestation credit)
is amended by adding after subsection (b) the following new subsection:
``(c) Carbonaceous Fuels Facility Credit.--
``(1) In general.--For purposes of section 46, the
carbonaceous fuels facility credit for any taxable year is an
amount equal to 28 percent of the qualified investment in a
carbonaceous fuels conversion facility for such taxable year.
``(2) Carbonaceous fuels conversion facility.--
``(A) In general.--For purposes of paragraph (1),
the term `carbonaceous fuels conversion facility' means
a facility of the taxpayer--
``(i)(I) the original use of which
commences with the taxpayer or the
reconstruction of which is completed by the
taxpayer (but only with respect to that portion
of the basis which is properly attributable to
such reconstruction), or
``(II) that is acquired through purchase
(as defined by section 179(d)(2)),
``(ii) that is depreciable under section
167,
``(iii) that has a useful life of not less
than 4 years, and
``(iv) that is used to produce a qualified
fuel.
``(B) Special rule for sale-leasebacks.--For
purposes of clause (i) of subparagraph (A), in the case
of a facility that--
``(i) is originally placed in service by a
person, and
``(ii) is sold and leased back by such
person, or is leased to such person, within 3
months after the date such facility was
originally placed in service, for a period of
not less than 12 years,
such facility shall be treated as originally placed in
service not earlier than the date on which such
property is used under the leaseback (or lease)
referred to in clause (ii). The preceding sentence
shall not apply to any property if the lessee and
lessor of such property make an election under this
sentence. Such an election, once made, may be revoked
only with the consent of the Secretary.
``(C) Qualified fuel.--For purposes of clause (iv)
of subparagraph (A), the term `qualified fuel'--
``(i) has the meaning given such term by
section 29(c), except that
``(ii) in respect of subparagraph (C) of
paragraph (1) of section 29(c), the term `coal'
shall, in addition to lignite, be deemed to
include standard anthracite, peat, and any
byproduct from a coal, culm, or silt
preparation facility that contains fixed
carbon.
``(3) Qualified investment.--For purposes of paragraph (1),
the term `qualified investment' means, with respect to any
taxable year, the basis of a carbonaceous fuels conversion
facility placed in service by the taxpayer during such taxable
year.
``(4) Qualified progress expenditures.--
``(A) Increase in qualified investment.--In the
case of a taxpayer who has made an election under
subparagraph (E), the amount of the qualified
investment of such taxpayer for the taxable year
(determined under paragraph (3) without regard to this
subsection) shall be increased by an amount equal to
the aggregate of each qualified progress expenditure
for the taxable year with respect to progress
expenditure property.
``(B) Progress expenditure property defined.--For
purposes of this paragraph, the term `progress
expenditure property' means any property being
constructed by or for the taxpayer and which--
``(i) cannot reasonably be expected to be
completed in less than 18 months, and
``(ii) it is reasonable to believe will
qualify as a carbonaceous fuels conversion
facility which is being constructed by or for
the taxpayer when it is placed in service.
``(C) Qualified progress expenditures defined.--For
purposes of this paragraph--
``(i) Self-constructed property.--In the
case of any self-constructed property, the term
`qualified progress expenditures' means the
amount which, for purposes of this subpart, is
properly chargeable (during such taxable year)
to capital account with respect to such
property.
``(ii) Non-self-constructed property.--In
the case of non-self-constructed property, the
term `qualified progress expenditures' means
the amount paid during the taxable year to
another person for the construction of such
property.
``(D) Other definitions.--For purposes of this
subsection--
``(i) Self-constructed property.--The term
`self-constructed property' means property for
which it is reasonable to believe that more
than half of the construction expenditures will
be made directly by the taxpayer.
``(ii) Non-self-constructed property.--The
term `non-self-constructed property' means
property which is not self-constructed
property.
``(iii) Construction, etc.--The term
`construction' includes reconstruction and
erection, and the term `constructed' includes
reconstructed and erected.
``(iv) Only construction of carbonaceous
fuels conversion facility to be taken into
account.--Construction shall be taken into
account only if, for purposes of this subpart,
expenditures therefor are properly chargeable
to capital account with respect to the property.
``(E) Election.--An election under this paragraph
may be made at such time and in such manner as the
Secretary may by regulations prescribe. Such an
election shall apply to the taxable year for which made
and to all subsequent taxable years. Such an election,
once made, may not be revoked except with the consent
of the Secretary.
``(5) Coordination with other credits.--This subsection
shall not apply to any property with respect to which the
energy credit or the rehabilitation credit is allowed unless
the taxpayer elects to waive the application of such credits to
such property.''
(c) Recapture.--Subsection (a) of section 50 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(6) Special rules relating to carbonaceous fuels
conversion facility.--For purposes of applying this subsection
in the case of any credit allowable by reason of section 48(c),
the following shall apply:
``(A) General rule.--In lieu of the amount of the
increase in tax under paragraph (1), the increase in
tax shall be an amount equal to the investment tax
credit allowed under section 38 for all prior taxable
years with respect to a carbonaceous fuels conversion
facility (as defined by section 48(c)) multiplied by a
fraction whose numerator is the number of years
remaining to fully depreciate under this title the
carbonaceous fuels conversion facility disposed of, and
whose denominator is the total number of years over
which such facility would otherwise have been subject
to depreciation. For purposes of the preceding
sentence, the year of disposition of the carbonaceous
fuels conversion facility property shall be treated as
a year of remaining depreciation.
``(B) Property ceases to qualify for progress
expenditures.--Rules similar to the rules of paragraph
(2) shall apply in the case of qualified progress
expenditures for a carbonaceous fuels conversion
facility under section 48(c), except that the amount of
the increase in tax under subparagraph (A) of this
paragraph shall be substituted in lieu of the amount
described in such paragraph (2).
``(C) This paragraph shall be applied separately
with respect to the credit allowed under section 38
regarding a carbonaceous fuels conversion facility.''
(d) Technical Amendments.--
(1) Subparagraph (C) of section 49(a)(1) of such Code 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 adding at the end thereof the following new
clause:
``(iv) the portion of the basis of any
carbonaceous fuels conversion facility
attributable to any qualified investment (as
defined by section 48(c)(3)).''
(2) Paragraph (4) of section 50(a) of such Code is amended
by striking ``and (2)'' and inserting ``, (2), and (6)''.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) The table of sections for subpart E of part IV of
subchapter A of chapter 1 of such Code is amended by striking
the item relating to section 48 and inserting the following:
``Sec. 48. Other credits.''
(e) Sale or Assignment of Unused Credit Amount.--Section 50 of such
Code is amended by adding at the end the following new subsection:
``(e) Sale or Assignment of Unused Carbonaceous Fuels Facility
Credit Amount.--
``(1) General rule.--Any unused portion of a carbonaceous
fuels facility credit may be sold or assigned in accordance
with regulations prescribed by the Secretary.
``(2) Treatment of seller.--
``(A) Liability.--The sale or assignment of any
portion of a credit under paragraph (1) shall not
relieve the seller or assignor of any penalty or
interest charged under this title with respect to such
portion.
``(B) Basis.--The basis of a carbonaceous fuels
facility shall not be adjusted by reason of the sale or
assignment of a credit under paragraph (1).
``(3) Treatment of acquirer.--
``(A) Credit claimed.--The credit (or portion
thereof) acquired under paragraph (1) may be claimed
only by the person acquiring such credit in the taxable
year of such person in which such sale or assignment occurred and only
if such person notifies the Secretary of the derivative source of such
credit.
``(B) Liability.--Such person shall not be subject
to any penalty or interest in respect of such credit
for which the seller or assignor remains subject under
paragraph (2)(A).
``(C) Ordering rule.--
``(i) In general.--Such credit shall be
treated as a credit under this part allowable
to such person and shall be used after the
order of all other credits specified by section
38(d).
``(ii) Limitation on carryforwards.--No
amount of a credit acquired under paragraph (1)
may be treated as a business carryforward in
any taxable year beginning after December 31,
2010.
``(4) Regulations.--Not later than 1 year after the date of
the enactment of the Foreign Oil Displacement Act, the
Secretary shall prescribe regulations to carry out this
subsection.''
(f) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 4. EXEMPTION FROM MANUFACTURERS EXCISE TAX ON FUELS.
(a) Gasoline.--Subsection (a) of section 4083 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(4) Qualified carbonaceous fuel.--
``(A) Exemption.--For taxable years beginning after
90 days after the date of the enactment of this
paragraph and ending before December 31, 2010, the
terms `taxable fuel', `gasoline', and `diesel fuel' do
not include qualified carbonaceous fuel or that portion
of a blend that is qualified carbonaceous fuel.
``(B) Qualified carbonaceous fuel defined.--For
purposes of subparagraph (A), the term `qualified
carbonaceous fuel' means qualified fuel produced by a
carbonaceous fuels conversion facility.
``(C) Other definitions.--For purposes of
subparagraph (B), the terms `qualified fuel' and
`carbonaceous fuels conversion facility' have the
meaning given such terms by section 48(c)(2).''
(b) Aviation Fuel.--Subsection (a) of section 4093 of such Code is
amended by adding at the end the following new sentence: ``Such term
does not include qualified carbonaceous fuel (as defined by section
4083(a)(4)).''
(c) Retail Uses.--Section 4041 of such Code is amended by adding at
the end the following new subsection:
``(n) Certain Carbonaceous Fuel.--
``(1) Exemption.--For taxable years beginning after 90 days
after the date of the enactment of this subsection and ending
before December 31, 2010, no tax shall be imposed under this
section on qualified carbonaceous fuel or that portion of a
blend that is qualified carbonaceous fuel.
``(2) Qualified carbonaceous fuel defined.--For purposes of
paragraph (1), the term `qualified carbonaceous fuel' has the
meaning given such term by section 4083(a)(4).''
(d) Effective Date.--The amendments made by this section shall
apply to fuels produced after the date of the enactment of this Act. | Foreign Oil Displacement Act - Amends the Internal Revenue Code to allow an investment credit for carbonaceous fuels conversion facilities, defined as facilities for producing: (1) oil from shale and tar sands; (2) gas from geopressured brine, Devonian shale, coal seams, or a tight formation, or from biomass; and (3) liquid, gaseous, or solid synthetic fuels from coal (including lignite, standard anthracite, peat, and any byproduct from a coal, culm, or silt preparation facility containing fixed carbon and including such fuels when used as feedstocks). Provides for recapture.
Allows any unused portion of a carbonaceous fuels facility credit to be sold or assigned. Provides for the treatment of the seller and acquirer.
Excludes from the definitions of "taxable fuel," "gasoline," "diesel fuel," and "aviation fuel," and excludes from taxation under specified provisions, fuel produced by such a facility or that portion of a blend that is such a fuel. | {"src": "billsum_train", "title": "Foreign Oil Displacement Act"} | 3,286 | 248 | 0.567445 | 1.574642 | 0.65176 | 2.123077 | 15.082051 | 0.789744 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pascua Yaqui Mineral Rights Act of
2006''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) State.--The term ``State'' means the State of Arizona.
(3) Tribe.--The term ``Tribe'' means the Pascua Yaqui
Tribe.
SEC. 3. ACQUISITION OF SUBSURFACE MINERAL INTERESTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in coordination with the Attorney
General of the United States and with the consent of the State, shall
acquire through eminent domain the following:
(1) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following tribally-owned parcels:
(A) Lot 2, sec. 13, T. 15 S., R. 12 E., Gila and
Salt River Meridian, Pima County Arizona.
(B) Lot 4, W\1/2\SE\1/4\, sec. 13, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County,
Arizona.
(C) NW\1/4\NW\1/4\, N\1/2\NE\1/4\NW\1/4\, SW\1/
4\NE\1/4\NW\1/4\, sec. 24, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County Arizona.
(D) Lot 2 and Lots 45 through 76, sec. 19, T. 15
S., R. 13 E., Gila and Salt River Base & Meridian, Pima
County, Arizona.
(2) All subsurface rights, title, and interests (including
subsurface mineral interests) held by the State in the
following parcels held in trust for the benefit of Tribe:
(A) Lots 1 through 8, sec. 14, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County,
Arizona.
(B) NE\1/4\SE\1/4\, E\1/2\NW\1/4\SE\1/4\, SW\1/
4\NW\1/4\SE\1/4\, N\1/2\SE\1/4\SE\1/4\, SE\1/4\SE\1/
4\SE\1/4\, sec. 14, T. 15 S., R. 12 E., Gila and Salt
River Base & Meridian, Pima County, Arizona.
(b) Consideration.--Subject to subsection (c), as consideration for
the acquisition of subsurface mineral interests under subsection (a),
the Secretary shall pay to the State an amount equal to the market
value of the subsurface mineral interests acquired, as determined by--
(1) a mineral assessment that is--
(A) completed by a team of mineral specialists
agreed to by the State and the Tribe; and
(B) reviewed and accepted as complete and accurate
by a certified review mineral examiner of the Bureau of
Land Management;
(2) a negotiation between the State and the Tribe to
mutually agree on the price of the subsurface mineral
interests; or
(3) if the State and the Tribe cannot mutually agree on a
price under paragraph (2), an appraisal report that is--
(A)(i) completed by the State in accordance with
subsection (d); and
(ii) reviewed by the Tribe; and
(B) on a request of the Tribe to the Bureau of
Indian Affairs, reviewed and accepted as complete and
accurate by the Office of the Special Trustee for
American Indians of the Department of the Interior.
(c) Conditions of Acquisition.--The Secretary shall acquire
subsurface mineral interests under subsection (a) only if--
(1) the payment to the State required under subsection (b)
is accepted by the State in full consideration for the
subsurface mineral interests acquired;
(2) the acquisition terminates all right, title, and
interest of any party other than the United States in and to
the acquired subsurface mineral interests; and
(3) the Tribe agrees to fully reimburse the Secretary for
costs incurred by the Secretary relating to the acquisition,
including payment to the State for the acquisition.
(d) Determination of Market Value.--Notwithstanding any other
provision of law, unless the State and the Tribe otherwise agree to the
market value of the subsurface mineral interests acquired by the
Secretary under this section, the market value of those subsurface
mineral interests shall be determined in accordance with the Uniform
Appraisal Standards for Federal Land Acquisition, as published by the
Appraisal Institute in 2000, in cooperation with the Department of
Justice and the Office of Special Trustee for American Indians of the
Department of Interior.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions with respect to the acquisition of
subsurface mineral interests under this section as the Secretary
considers to be appropriate to protect the interests of the United
States and any valid existing right.
SEC. 4. INTERESTS TAKEN INTO TRUST.
(a) Land Transferred.--Subject to subsections (b) and (c),
notwithstanding any other provision of law, not later than 180 days
after the date on which the Tribe makes the payment described in
subsection (c), the Secretary shall take into trust for the benefit of
the Tribe the subsurface rights, title, and interests, formerly
reserved to the United States, to the following parcels:
(1) E\1/2\NE\1/4\, SW\1/4\NE\1/4\, sec. 14, T. 15 S., R. 12
E., Gila and Salt River Base & Meridian, Pima County, Arizona.
(2) W\1/2\SE\1/4\, SW\1/4\, sec. 24, T. 15 S., R. 12 E.,
Gila and Salt River Base & Meridian, Pima County, Arizona.
(b) Exceptions.--The parcels taken into trust under subsection (a)
shall not include--
(1) NE\1/4\SW\1/4\, sec. 24, except the southerly 4.19 feet
thereof;
(2) NW\1/4\SE\1/4\, sec. 24, except the southerly 3.52 feet
thereof; or
(3) S\1/2\SE\1/4\, sec. 23, T. 15 S., R. 12 E., Gila and
Salt River Base & Meridian, Pima County, Arizona.
(c) Consideration and Costs.--The Tribe shall pay to the Secretary
only the transaction costs relating to the assessment, review, and
transfer of the subsurface rights, title, and interests taken into
trust under subsection (a).
Passed the House of Representatives September 12, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Pascua Yaqui Mineral Rights Act of 2006 - Directs the Secretary of the Interior, in coordination with the U.S. Attorney General and with the consent of the state of Arizona, to acquire through eminent domain all subsurface rights, title, and interests (including subsurface mineral interests) held by the state in certain parcels of land in Pima County, Arizona, owned by the Pascua Yaqui Tribe, as well as such interests held by the state in certain land held in trust for the Tribe. Conditions such acquisition on the Tribe's agreement to reimburse the Secretary fully for all related costs.
Requires the Secretary also to take into trust for the Tribe's benefit the subsurface rights, title, and interests, formerly reserved to the United States, to certain other parcels. Requires the Tribe to pay only the transaction costs relating to the assessment, review, and transfer of such subsurface rights, title, and interests. | {"src": "billsum_train", "title": "To provide for acquisition of subsurface mineral rights to land owned by the Pascua Yaqui Tribe and land held in trust for the Tribe, and for other purposes."} | 1,546 | 210 | 0.623712 | 1.928328 | 0.75988 | 4.878613 | 7.352601 | 0.924855 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Atlantic Blackfish Conservation
Act''.
SEC. 2. PROHIBITION ON COMMERCIAL HARVESTING OF ATLANTIC BLACKFISH.
(a) Prohibition.--It is unlawful to engage in, or to attempt to
engage in--
(1) the commercial harvesting of Atlantic blackfish,
popularly known as tautog, in the coastal waters or in the
exclusive economic zone established by Proclamation Numbered
5030, dated March 10, 1983; or
(2) the sale of Atlantic blackfish taken in violation of
paragraph (1) or any part thereof.
(b) Penalties.--
(1) Civil penalty.--Any person who is found by the
Secretary of Commerce after notice and an opportunity for a
hearing in accordance with section 554 of title 5, United
States Code, to have committed an act that is unlawful under
subsection (a), is liable to the United States for a civil
penalty. The amount of the civil penalty may not exceed $1,000
for each violation. Each day of continuing violation
constitutes a separate offense. The amount of the civil penalty
shall be assessed by the Secretary of Commerce by written
notice. In determining the amount of the penalty, the Secretary
of Commerce shall take into account the nature, circumstances,
extent, and gravity of the prohibited act committed and, with
respect to the violator, the degree of culpability, any history
of prior violations, ability to pay, and such other matters as
justice may require.
(2) Review; failure to pay, compromise, and subpoenas.--
Subsections (b) through (e) of section 308 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1858(b)-(e); relating to review of civil penalties; acting upon
failure to pay assessment, compromise, and subpoenas) shall
apply to penalties assessed under paragraph (1) to the same
extent and in the same manner as if those penalties were
assessed under subsection (a) of such section 308.
(c) Civil Forfeitures.--
(1) In general.--Any vessel (including its gear, equipment,
appurtenances, stores, and cargo) used, and any fish (or the
fair market value thereof) taken or retained, in any manner, in
connection with, or the result of, the commission of any act
that is unlawful under subsection (a), is subject to forfeiture
to the United States. All or part of the vessel may, and all
such fish (or the fair market value thereof) shall, be
forfeited to the United States under a civil proceeding
described in paragraph (2). The district courts of the United
States have jurisdiction over proceedings under this
subsection.
(2) Judgment, procedure, and rebuttable presumptions.--
Subsections (c) through (e) of section 310 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1860(c)-(e); relating to judgment, procedure, and rebuttable
presumptions) shall apply with respect to proceedings for
forfeiture commenced under this subsection to the same extent
and in the same manner as if the proceeding were commenced
under subsection (a) of such section 310.
SEC. 3. CONSEQUENTIAL EFFECTS ON EXISTING LAW.
The Atlantic States Marine Fisheries Commission shall promptly take
action to amend the Interstate Fisheries Management Plan for Atlantic
blackfish, including addenda thereto as appropriate, to take into
account the prohibition established under section 2.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Coastal state.--The term ``coastal State'' means--
(A) Pennsylvania and each State of the United
States bordering on the Atlantic Ocean north of the
State of South Carolina;
(B) the District of Columbia; and
(C) the Potomac River Fisheries Commission
established by the Potomac River Compact of 1958.
(2) Coastal waters.--The term ``coastal waters'' means--
(A) for each coastal State referred to in paragraph
(1)(A)--
(i) all waters, whether salt or fresh, of
the coastal State shoreward of the baseline
from which the territorial sea of the United
States is measured; and
(ii) the waters of the coastal State
seaward from the baseline referred to in clause
(i) to the inner boundary of the exclusive
economic zone;
(B) for the District of Columbia, those waters
within its jurisdiction; and
(C) for the Potomac River Fisheries Commission,
those waters of the Potomac River within the boundaries
established by the Potomac River Compact of 1958. | Atlantic Blackfish Conservation Act - Prohibits the commercial harvesting of Atlantic blackfish, popularly known as tautog, in the coastal waters or the exclusive economic zone (EEZ) or the sale of blackfish taken in violation of that prohibition. Imposes penalties and allows civil forfeiture of vessels for violations.
Requires the Atlantic States Marine Fisheries Commission to take actions reflecting the prohibition. | {"src": "billsum_train", "title": "To prohibit the commercial harvesting of Atlantic blackfish in the coastal waters and the exclusive economic zone, and for other purposes."} | 1,034 | 88 | 0.505064 | 1.295467 | 1.111346 | 3.897059 | 13.573529 | 0.867647 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long-Term Care Veterans Choice
Act''.
SEC. 2. SECRETARY OF VETERANS AFFAIRS CONTRACT AUTHORITY FOR PLACEMENT
OF VETERANS IN NON-DEPARTMENT MEDICAL FOSTER HOMES.
(a) Authority.--Section 1720 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(h)(1) During the three-year period beginning on October 1, 2019,
and subject to paragraph (2), at the request of a veteran for whom the
Secretary is required to provide nursing home care under section 1710A
of this title, the Secretary may place the veteran in a medical foster
home that meets Department standards, at the expense of the United
States, pursuant to a contract, agreement, or other arrangement entered
into between the Secretary and the medical foster home for such
purpose. A veteran who is placed in a medical foster home under this
subsection shall agree, as a condition of such placement, to accept
home health services furnished by the Secretary under section 1717 of
this title.
``(2) In any year, not more than a daily average of 900 veterans
placed in a medical foster home, whether placed before or after the
date of the enactment of this subsection, may have their care covered
at the expense of the United States under subsection (a).
``(3) In this subsection, the term `medical foster home' means a
home designed to provide non-institutional, long-term, supportive care
for veterans who are unable to live independently and prefer a family
setting.''.
(b) Effective Date.--Subsection (h) of title 38, United States
Code, as added by subsection (a), shall take effect on October 1, 2019.
SEC. 3. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION.
(a) Veterans Economic Opportunity and Transition Administration.--
(1) In general.--Part V of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION
ADMINISTRATION
``8001. Organization of Administration.
``8002. Functions of Administration.
``8003. Annual report to Congress.
``Sec. 8001. Organization of Administration
``(a) Veterans Economic Opportunity and Transition
Administration.--There is in the Department of Veterans Affairs a
Veterans Economic Opportunity and Transition Administration. The
primary function of the Veterans Economic Opportunity and Transition
Administration is the administration of the programs of the Department
that provide assistance related to economic opportunity to veterans and
their dependents and survivors.
``(b) Under Secretary for Economic Opportunity and Transition.--The
Veterans Economic Opportunity and Transition Administration is under
the Under Secretary for Veterans Economic Opportunity and Transition,
who is directly responsible to the Secretary for the operations of the
Administration.
``Sec. 8002. Functions of Administration
``The Veterans Economic Opportunity and Transition Administration
is responsible for the administration of the following programs of the
Department:
``(1) Vocational rehabilitation and employment programs.
``(2) Educational assistance programs.
``(3) Veterans' housing loan and related programs.
``(4) The verification of small businesses owned and
controlled by veterans pursuant to subsection (f) of section
8127 of this title, including the administration of the
database of veteran-owned businesses described in such
subsection.
``(5) The Transition Assistance Program under section 1144
of title 10.
``(6) Any other program of the Department that the
Secretary determines appropriate.
``Sec. 8003. Annual report to Congress
``The Secretary shall include in the annual report to the Congress
required by section 529 of this title a report on the programs
administered by the Under Secretary for Veterans Economic Opportunity
and Transition. Each such report shall include the following with
respect to each such program during the fiscal year covered by that
report:
``(1) The number of claims received.
``(2) The number of claims decided.
``(3) The average processing time for a claim.
``(4) The number of successful outcomes (as determined by
the Secretary).
``(5) The number of full-time equivalent employees.
``(6) The amounts expended for information technology.''.
(2) Clerical amendments.--The tables of chapters at the
beginning of title 38, United States Code, and of part V of
title 38, United States Code, are each amended by inserting
after the item relating to chapter 79 the following new item:
``80. Veterans Economic Opportunity and Transition 8001''.
Administration.
(b) Effective Date.--Chapter 80 of title 38, United States Code, as
added by subsection (a), shall take effect on October 1, 2019.
(c) Full-Time Employees.--For fiscal years 2019 and 2020, the total
number of full-time equivalent employees authorized for the Veterans
Benefits Administration and the Veterans Economic Opportunity and
Transition Administration, as established under chapter 80 of title 38,
United States Code, as added by subsection (a), may not exceed 23,692.
SEC. 4. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND
TRANSITION.
(a) Under Secretary.--
(1) In general.--Chapter 3 of title 38, United States Code,
is amended by inserting after section 306 the following new
section:
``Sec. 306A. Under Secretary for Veterans Economic Opportunity and
Transition
``(a) Under Secretary.--There is in the Department an Under
Secretary for Veterans Economic Opportunity and Transition, who is
appointed by the President, by and with the advice and consent of the
Senate. The Under Secretary for Veterans Economic Opportunity and
Transition shall be appointed without regard to political affiliation
or activity and solely on the basis of demonstrated ability in--
``(1) information technology; and
``(2) the administration of programs within the Veterans
Economic Opportunity and Transition Administration or programs
of similar content and scope.
``(b) Responsibilities.--The Under Secretary for Veterans Economic
Opportunity and Transition is the head of, and is directly responsible
to the Secretary for the operations of, the Veterans Economic
Opportunity and Transition Administration.
``(c) Vacancies.--(1) Whenever a vacancy in the position of Under
Secretary for Veterans Economic Opportunity and Transition occurs or is
anticipated, the Secretary shall establish a commission to recommend
individuals to the President for appointment to the position.
``(2) A commission established under this subsection shall be
composed of the following members appointed by the Secretary:
``(A) Three persons representing education and training,
vocational rehabilitation, employment, real estate, mortgage
finance and related industries, and survivor benefits
activities affected by the Veterans Economic Opportunity and
Transition Administration.
``(B) Two persons representing veterans served by the
Veterans Economic Opportunity and Transition Administration.
``(C) Two persons who have experience in the management of
private sector benefits programs of similar content and scope
to the economic opportunity and transition programs of the
Department.
``(D) The Deputy Secretary of Veterans Affairs.
``(E) The chairman of the Veterans' Advisory Committee on
Education formed under section 3692 of this title.
``(F) One person who has held the position of Under
Secretary for Veterans Economic Opportunity and Transition, if
the Secretary determines that it is desirable for such person
to be a member of the commission.
``(3) A commission established under this subsection shall
recommend at least three individuals for appointment to the position of
Under Secretary for Veterans Economic Opportunity and Transition. The
commission shall submit all recommendations to the Secretary. The
Secretary shall forward the recommendations to the President and the
Committees on Veterans' Affairs of the Senate and House of
Representatives with any comments the Secretary considers appropriate.
Thereafter, the President may request the commission to recommend
additional individuals for appointment.
``(4) The Assistant Secretary or Deputy Assistant Secretary of
Veterans Affairs who performs personnel management and labor relations
functions shall serve as the executive secretary of a commission
established under this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 306 the following new item:
``306A. Under Secretary for Veterans Economic Opportunity and
Transition.''.
(b) Conforming Amendments.--Title 38, United States Code, is
further amended--
(1) in section 306(c)(2), by striking subparagraphs (A) and
(E) and redesignating subparagraphs (B), (C), (D), and (F), as
subparagraphs (A) through (D), respectively;
(2) in section 317(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(3) in section 318(d)(2), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(4) in section 516(e)(2)(C), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(5) in section 541(a)(2)(B), by striking ``Health and the
Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(6) in section 542(a)(2)(B)(iii), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(7) in section 544(a)(2)(B)(vi), by striking ``Health and
the Under Secretary for Benefits'' and inserting ``Health, the
Under Secretary for Benefits, and the Under Secretary for
Veterans Economic Opportunity and Transition'';
(8) in section 709(c)(2)(A), by inserting after ``Under
Secretary for Benefits,'' the following: ``the Under Secretary
for Veterans Economic Opportunity and Transition,'';
(9) in section 7701(a), by inserting after ``assistance''
the following: ``, other than assistance related to Economic
Opportunity and Transition,''; and
(10) in section 7703, by striking paragraphs (2) and (3)
and redesignating paragraphs (4) and (5) as paragraphs (2) and
(3), respectively.
(c) Effective Date.--Section 306A of title 38, United States Code,
as added by subsection (a), and the amendments made by this section,
shall take effect on October 1, 2019.
SEC. 5. LOANS GUARANTEED UNDER HOME LOAN PROGRAM OF DEPARTMENT OF
VETERANS AFFAIRS.
Section 3729(b)(2)(E) of such title is amended to read as follows:
------------------------------------------------------------------------
Active duty Other
``Type of loan veteran Reservist obligor
------------------------------------------------------------------------
(E)(i) Interest rate reduction 0.50 0.50 NA
refinancing loan (closed
before January 1, 2019)......
(E)(ii) Interest rate 0.75 0.75 NA
reduction refinancing loan
(closed on or after January
1, 2019, but before March 1,
2025)........................
(E)(iii) Interest rate 0.50 0.50 NA''.
reduction refinancing loan
(closed on or after March 1,
2025)........................
------------------------------------------------------------------------
Passed the House of Representatives July 25, 2018.
Attest:
KAREN L. HAAS,
Clerk. | Long-Term Care Veterans Choice Act This bill authorizes the Department of Veterans Affairs (VA), during the three-year period beginning on October 1, 2019, to transfer upon request a veteran for whom the VA is required to provide nursing home care to a medical foster home that meets VA standards. A veteran shall agree, as a transfer condition, to accept VA home health services. | {"src": "billsum_train", "title": "Long-Term Care Veterans Choice Act"} | 2,624 | 78 | 0.630258 | 1.422903 | 1.199821 | 5.012987 | 31.480519 | 0.883117 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Women's History Museum Act
of 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Women's History Museum, Inc., is a
nonprofit, nonpartisan, educational institution incorporated in
the District of Columbia;
(2) the National Women's History Museum was established--
(A) to research and present the historic
contributions that women have made to all aspects of
human endeavor; and
(B) to explore and present in a fair and balanced
way the contributions that women have made to the
Nation in their various roles in family and society;
(3) in March 1999, the President's Commission on the
celebrating of Women in American History concluded that
``efforts to implement an appropriate celebration of women's
history in the next millennium should include the designation
of a focal point for women's history in our nation's capital .
. .'' citing the efforts of the National Women's History Museum
to implement this goal;
(4) the National Women's History Museum will collect and
disseminate information concerning women, including through the
establishment of a national reference center for the collection
and preservation of documents, publications, and research
relating to women;
(5) the National Women's History Museum will foster
educational programs relating to the history and contribution
to society by women, including promotion of imaginative
educational approaches to enhance understanding and
appreciation of historic contributions by women;
(6) the National Women's History Museum will publicly
display temporary and permanent exhibits that illustrate,
interpret, and demonstrate the contributions of women;
(7) the National Women's History Museum requires a museum
site near the National Mall to accomplish the objectives and
fulfill the ongoing educational mission of the museum;
(8) the 3-story glass enclosed structure known as the
``Pavilion Annex'' is a retail shopping mall built next to the
Old Post Office in 1992 by private developers using no Federal
funds on public land in the Federal Triangle south of
Pennsylvania Avenue, NW.;
(9) the Pavilion Annex came into the possession of the
General Services Administration following bankruptcy and
default by the private developer of the Old Post Office
Pavilion;
(10) the Pavilion Annex has been vacant for over 10 years
and is in a state of disrepair;
(11) the Pavilion Annex is located near an area that has
been identified as an ideal location for museums and memorials
in the Memorials and Museums Master Plan developed by the
National Capital Planning Commission;
(12) the National Women's History Museum will provide a
vibrant, cultural activity in a building currently controlled
by the General Services Administration but unused by any
Federal agency or activity;
(13) the Government Accountability Office has determined
that vacant or underutilized properties present significant
potential risks to Federal agencies, including--
(A) lost dollars because of the difficulty of
maintaining the properties; and
(B) lost opportunities because the properties could
be put to more cost-beneficial uses, exchanged for
other needed property, or sold to generate revenue for
the Government;
(14) the National Women's History Museum will use
Government property for which there is no Government use as of
the date of enactment of this Act, in order to--
(A) promote utilization, economy, and efficiency of
Government-owned assets; and
(B) create an income producing activity;
(15) the National Women's History Museum will attract an
estimated 1,500,000 visitors annually to the District of
Columbia; and
(16) the National Women's History Museum will promote
economic activity in the District of Columbia by--
(A) creating jobs;
(B) increasing visitor spending on hotels, meals,
and transportation; and
(C) generating tax revenue for the District of
Columbia.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Museum sponsor.--The term ``Museum Sponsor'' means the
National Women's History Museum, Inc., a nonprofit organization
incorporated in 1996 in the District of Columbia.
(3) Pavilion annex.--The term ``Pavilion Annex'' means the
building (and immediate surroundings, including any land
unoccupied as of the date of enactment of this Act) in
Washington, District of Columbia that is--
(A) known as the ``Pavilion Annex'';
(B) adjacent to the Old Post Office Building;
(C) located on Pennsylvania Avenue, NW., to the
east of 11th Street NW.; and
(D) located on land bounded on 3 sides by the
Internal Revenue Service buildings.
SEC. 4. OCCUPANCY AGREEMENT.
(a) In General.--Notwithstanding any other provision of law, the
Administrator shall enter into an occupancy agreement to make the
Pavilion Annex available to the Museum Sponsor for use as a National
Women's History Museum in accordance with this section.
(b) Payments.--The Administrator shall enter into negotiations with
the Museum Sponsor concerning payment to the Federal Government based
on the cost basis of the Pavilion Annex or prior appraisals or expert
opinions rendered to the General Services Administration relating to
valuation of the structure.
(c) Appraisal.--
(1) In general.--If the Administrator and the Museum
Sponsor are unable to reach agreement on fair market value for
the purpose of determining rent within 90 days after the date
of enactment of this Act, fair market value for the purpose of
determining rent shall be determined by not more than 3
appraisers, operating under a common set of instructions, of
whom--
(A) 1 shall be retained by the Administrator;
(B) 1 shall be retained by the Museum Sponsor; and
(C) 1 shall be selected by the first 2 appraisers
only if--
(i) the first 2 appraisals are
irreconcilable; and
(ii) the difference in value between the
first 2 appraisals is greater than 10 percent.
(2) Difference of not more than 10 percent.--If the 2
appraisals differ by not more than 10 percent, the fair market
value shall be the average of the 2 appraisals.
(3) Irreconcilable appraisals.--If a third appraiser is
selected--
(A) the fee of the third appraiser shall be paid in
equal shares by the Administrator and the Museum
Sponsor; and
(B) the fair market value determined by the third
appraiser shall bind both parties.
(d) Term of Occupancy Agreement.--
(1) In general.--The term of the occupancy agreement shall
be at least 99 years, or any lesser term agreed to by the
Museum Sponsor.
(2) First payment.--The first payment shall be due on the
date that is 5 years after the date of execution of the
occupancy agreement.
(e) Private Funds.--The terms and conditions of the occupancy
agreement shall facilitate raising of private funds for the
modification, development, maintenance, security, information,
janitorial, and other services that are necessary to assure the
preservation and operation of the museum.
(f) Shared Facilities.--The occupancy agreement may include
reasonable terms and conditions pertaining to shared facilities to
permit continued operations and enable development of adjacent
buildings.
(g) Renovation and Modification.--
(1) In general.--The renovation and modification of the
Pavilion Annex--
(A) shall be carried out by the Museum Sponsor, in
consultation with the Administrator; and
(B) shall--
(i) be commenced as soon as practicable but
not later than 5 years after the date of
execution of the occupancy agreement;
(ii) sever the walkway to the Old Post
Office Building; and
(iii) enhance and improve the Pavilion
Annex consistent with the needs of the National
Women's History Museum and the adjacent
structures.
(2) Expense credit.--Any expenses incurred by the Museum
Sponsor under this subsection shall be credited against the
payment under subsection (d)(2).
(h) Report.--
(1) In general.--If the Administrator is unable to fully
execute an occupancy agreement within 180 days of the date of
enactment of this Act, not later than 240 days after the date
of enactment of this Act, the Administrator shall submit to the
Committee on Homeland Security and Governmental Affairs in the
Senate and the Committees on Transportation and Infrastructure
and Government Reform in the House of Representatives a report.
(2) Contents.--The report shall contain--
(A) a summary of the issues that remain unresolved
and an analysis of the position of the General Services
Administration;
(B) an itemization, including date, where
appropriate, and costs of actions taken by the General
Services Administration to maintain and secure the
Pavilion Annex to prevent further deterioration; and
(C) a plan for future use and development of the
Pavilion Annex, including plans for appropriate
security improvements.
SEC. 5. EFFECT ON OTHER LAW.
Nothing in this Act shall limit the authority of the National
Capital Planning Commission and the National Capital Planning
Commission shall retain authority over development in the Federal
Triangle development area as defined in subchapter II of chapter 67 of
title 40, United States Code (40 U.S.C. 6711 et seq.).
SEC. 6. FEDERAL PARTICIPATION.
The United States shall pay no expense incurred in the
establishment, construction, or operation of the National Women's
History Museum, which shall be operated and maintained by the Museum
Sponsor after completion of construction.
Passed the Senate July 29, 2005.
Attest:
EMILY J. REYNOLDS,
Secretary. | National Women's History Museum Act of 2005 - Requires the Administrator of General Services to enter into an occupancy agreement to make the Pavilion Annex (the building and specified immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. available to the National Women's History Museum, Inc. (Museum Sponsor) for a National Women's History Museum, for at least 99 years or any lesser term agreed to by the Museum Sponsor.
Prohibits use of any federal funds to establish, construct or operate the Museum. | {"src": "billsum_train", "title": "A bill to provide a site for the National Women's History Museum in the District of Columbia."} | 2,069 | 126 | 0.561837 | 1.730944 | 0.533707 | 4.057692 | 18.913462 | 0.942308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Great Lakes Ecology Protection
Act''.
SEC. 2. BALLAST WATER TREATMENT REGULATIONS.
(a) In General.--Section 1101(b) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711(b)) is
amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by striking ``(3) Additional regulations.--In
addition'' and inserting the following:
``(3) Regulations concerning aquatic nuisance species.--
``(A) In general.--The Secretary of Transportation
shall, in consultation with the Secretary of the
Interior, the Secretary of Commerce, the Secretary of
Defense, the Administrator of the Environmental
Protection Agency, the Governors of States that border
the Great Lakes, and in accordance with this paragraph,
promulgate and review regulations to prevent, to the
maximum extent practicable, the introduction and spread
of aquatic nuisance species in the Great Lakes.
``(B) Contents of regulations.--The regulations
promulgated under subparagraph (A)--
``(i) shall apply to all vessels capable of
discharging ballast water (including vessels
equipped with ballast water tank systems or
other water tank systems) that enter the Great
Lakes after operating on water outside of the
Exclusive Economic Zone;
``(ii) shall ensure, to the maximum extent
practicable, that ballast water containing
aquatic nuisance species is not discharged into
the Great Lakes (including by establishing the
standard described in clause (iii));
``(iii) shall include a ballast water
treatment standard for vessels that elect to
carry out ballast water management or treatment
that, at a minimum, requires--
``(I) a demonstrated 95 percent
volumetric exchange of ballast water;
or
``(II) a ballast treatment that
destroys not less than 95 percent of
all animal fauna in a standard ballast
water intake, as approved by the
Secretary;
``(iv) shall protect the safety of each
vessel (including crew and passengers);
``(v) shall include requirements on new
vessel construction to ensure that vessels
entering service after January 1, 2005,
minimize the transfer of organisms;
``(vi) shall require vessels to carry out
any discharge or exchange of ballast water
within the Great Lakes only in compliance with
the regulations;
``(vii) shall be promulgated after taking
into consideration a range of vessel operating
conditions, from normal to extreme;
``(viii) shall--
``(I) ensure that technologies and
practices implemented under this
section are environmentally sound
treatment methods for ballast water and
ballast sediments that prevent and
control infestations of aquatic
nuisance species; and
``(II) include a detailed timetable
for--
``(aa) the implementation
of treatment methods determined
to be technologically available
and cost-effective at the time
of the publication of the
notice of proposed rulemaking;
and
``(bb) the development,
testing, evaluation, approval,
and implementation of
additional technologically
innovative treatment methods;
``(ix) shall provide for certification by
the master of each vessel entering the Great
Lakes that the vessel is in compliance with the
regulations;
``(x) shall ensure compliance with the
regulations, to the maximum extent practicable,
through--
``(I) sampling or monitoring
procedures;
``(II) the inspection of records;
``(III) the imposition of sanctions
in accordance with subsection (g)(1);
and
``(IV) the certification of ballast
water treatment vendors and vessel
vendors;
``(xi) shall be based on the best
scientific information available;
``(xii) shall not supersede or adversely
affect any requirement or prohibition
pertaining to the discharge of ballast water
into water of the United States under the
Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
``(xiii) shall include such other
requirements as the Secretary of Transportation
considers appropriate.
``(C) Regulatory schedule.--
``(i) Notice of proposed rulemaking.--
``(I) In general.--Not later than
120 days after the date of enactment of
the Great Lakes Ecology Protection Act,
the Secretary of Transportation shall
publish, in the Federal Register and
through other means designed to reach
persons likely to be subject to or
affected by the regulations (including
publication in local newspapers and by
electronic means), a notice of proposed
rulemaking concerning the regulations
proposed to be promulgated under this
paragraph.
``(II) Final regulations.--The
Secretary of Transportation shall
promulgate final regulations under this
paragraph--
``(aa) with respect to the
implementation of treatment
methods described in
subparagraph (B)(vii)(II)(aa),
not later than 270 days after
the date of enactment of the
Great Lakes Ecology Protection
Act; and
``(bb) with respect to the
additional technologically
innovative treatment methods
described in subparagraph
(B)(vii)(II)(bb), not later
than the earlier of--
``(AA) the date
established by the
timetable under
subparagraph
(B)(vii)(II) for
implementation of those
methods; or
``(BB) 720 days
after the date of
enactment of the Great
Lakes Ecology
Protection Act.
``(III) Review and revision of
regulations.--Not later than 3 years
after the date on which final
regulations are promulgated under this
subparagraph, and every 3 years
thereafter, the Secretary shall review
and revise as necessary, the
regulations--
``(aa) to improve the
effectiveness of the
regulations; and
``(bb) to incorporate
better management practices and
ballast water treatment
standards and methods.
``(IV) Public participation.--The
Secretary of Transportation shall--
``(aa) provide not less
than 120 days for public
comment on the proposed
regulations; and
``(bb) provide for an
effective date that is not less
than 30 days after the date of
publication of the final
regulations.
``(4) Additional regulations.--In addition''.
(b) Definition of Treatment Method.--Section 1003 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4702) is amended--
(1) by redesignating paragraphs (13), (14), (15), (16), and
(17) as paragraphs (14), (15), (16), (17), and (18),
respectively; and
(2) by inserting after paragraph (12) the following:
``(13) `treatment method' means a method for treatment of
the contents of a ballast water tank (including the sediments
within the tank) to remove or destroy nonindigenous organisms
through--
``(A) filtration;
``(B) the application of biocides or ultraviolet
light;
``(C) thermal methods; or
``(D) other treatment techniques that meet
applicable ballast water treatment standards, as
approved by the Secretary;''.
SEC. 3. INVASIVE SPECIES AND BALLAST WATER TECHNOLOGIES RESEARCH
GRANTS.
(a) Grants Authorized.--The Secretary of Commerce, through the
National Oceanic and Atmospheric Administration, and in consultation
with the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Transportation, and the Administrator of the Environmental
Protection Agency, is authorized to award Invasive Species and Ballast
Water Technologies Research Grants.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
to--
(1) study the impact of invasive species on the environment
of the Great Lakes region; and
(2) develop technologies and treatment methods, including
ballast water tank technology, designed to destroy or remove
invasive species.
(c) Eligible Recipients.--
(1) In general.--The Secretary may award grants under
subsection (a) to any post-secondary educational institution in
the United States.
(2) Special consideration for institutions collaborating
with industry.--In awarding grants under subsection (a), the
Secretary shall give special consideration to post-secondary
educational institutions that work collaboratively with members
of the United States shipping industry to carry out an activity
for which grant funds may be used under subsection (b).
(d) Availability and Marketing of Technology.--In awarding grants
under subsection (a), the Secretary shall ensure that to the greatest
extent practicable, technologies and treatments developed as the result
of a grant awarded under subsection (a) are made commercially
available.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the provisions of this section $100,000,000
for the period of fiscal year 2002 through fiscal year 2006. | Great Lakes Ecology Protection Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to direct the Secretary of Transportation to promulgate and review regulations to prevent, to the maximum extent practicable, the introduction and spread of aquatic nuisance species in the Great Lakes. Calls upon such regulations to require, among other things, that: (1) requirements on new vessel construction be included to ensure that vessels entering service after January 1, 2005, minimize the transfer of organisms; and (2) technologies and practices implemented under this Act are environmentally sound treatment methods for ballast water and ballast sediments that prevent and control infestations of aquatic nuisance species.Authorizes the Secretary of Commerce to award Invasive Species and Ballast Water Technologies Research Grants to U.S. post-secondary educational institutions to study the impact of invasive species on the environment of the Great Lakes region, and to develop technologies and treatment methods, including ballast water tank technology, designed to destroy or remove such species. | {"src": "billsum_train", "title": "A bill to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Secretary of Transportation to promulgate and review regulations to ensure, to the maximum extent practicable, that vessels entering the Great Lakes do not spread nonindigenous aquatic species, to require treatment of ballast water and its sediments through the most effective and efficient techniques available, and for other purposes."} | 1,957 | 216 | 0.695794 | 1.956144 | 1.003816 | 5.202186 | 10.016393 | 0.95082 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Biofuels Security
Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--RENEWABLE FUELS
Sec. 101. Renewable fuel program.
Sec. 102. Installation of E-85 fuel pumps by major oil companies at
owned stations and branded stations.
Sec. 103. Minimum Federal fleet requirement.
Sec. 104. Application of Gasohol Competition Act of 1980.
TITLE II--DUAL FUELED AUTOMOBILES
Sec. 201. Requirement to manufacture dual fueled automobiles.
Sec. 202. Manufacturing incentives for dual fueled automobiles.
TITLE I--RENEWABLE FUELS
SEC. 101. RENEWABLE FUEL PROGRAM.
Section 211(o)(2) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is
amended by striking subparagraph (B) and inserting the following:
``(B) Applicable volume.--
``(i) In general.--For the purpose of
subparagraph (A), the applicable volume for
calendar year 2010 and each calendar year
thereafter shall be determined, by rule, by the
Administrator, in consultation with the
Secretary of Agriculture and the Secretary of
Energy, in a manner that ensures that--
``(I) the requirements described in
clause (ii) for specified calendar
years are met; and
``(II) the applicable volume for
each calendar year not specified in
clause (ii) is determined on an annual
basis.
``(ii) Requirements.--The requirements
referred to in clause (i) are--
``(I) for calendar year 2010, at
least 10,000,000,000 gallons of
renewable fuel;
``(II) for calendar year 2020, at
least 30,000,000,000 gallons of
renewable fuel; and
``(III) for calendar year 2030, at
least 60,000,000,000 gallons of
renewable fuel.''.
SEC. 102. INSTALLATION OF E-85 FUEL PUMPS BY MAJOR OIL COMPANIES AT
OWNED STATIONS AND BRANDED STATIONS.
Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended
by adding at the end the following:
``(11) Installation of e-85 fuel pumps by major oil
companies at owned stations and branded stations.--
``(A) Definitions.--In this paragraph:
``(i) E-85 fuel.--The term `E-85 fuel'
means a blend of gasoline approximately 85
percent of the content of which is derived from
ethanol produced in the United States.
``(ii) Major oil company.--The term `major
oil company' means any person that,
individually or together with any other person
with respect to which the person has an
affiliate relationship or significant ownership
interest, has not less than 4,500 retail
station outlets according to the latest
publication of the Petroleum News Annual
Factbook.
``(iii) Secretary.--The term `Secretary'
means the Secretary of Energy, acting in
consultation with the Administrator of the
Environmental Protection Agency and the
Secretary of Agriculture.
``(B) Regulations.--The Secretary shall promulgate
regulations to ensure that each major oil company that
sells or introduces gasoline into commerce in the
United States through wholly-owned stations or branded
stations installs or otherwise makes available 1 or
more pumps that dispense E-85 fuel (including any other
equipment necessary, such as including tanks, to ensure
that the pumps function properly) at not less than the
applicable percentage of the wholly-owned stations and
the branded stations of the major oil company specified
in subparagraph (C).
``(C) Applicable percentage.--For the purpose of
subparagraph (B), the applicable percentage of the
wholly-owned stations and the branded stations shall be
determined in accordance with the following table:
Applicable percentage of
wholly-owned stations
and branded stations
``Calendar year: (percent):
2007.......................................... 5
2008.......................................... 10
2009.......................................... 15
2010.......................................... 20
2011.......................................... 25
2012.......................................... 30
2013.......................................... 35
2014.......................................... 40
2015.......................................... 45
2016 and each calendar year thereafter........ 50.
``(D) Geographic distribution.--
``(i) In general.--Subject to clause (ii),
in promulgating regulations under subparagraph
(B), the Secretary shall ensure that each major
oil company described in subparagraph (B)
installs or otherwise makes available 1 or more
pumps that dispense E-85 fuel at not less than
a minimum percentage (specified in the
regulations) of the wholly-owned stations and
the branded stations of the major oil company
in each State.
``(ii) Requirement.--In specifying the
minimum percentage under clause (i), the
Secretary shall ensure that each major oil
company installs or otherwise makes available 1
or more pumps described in that clause in each
State in which the major oil company operates.
``(E) Financial responsibility.--In promulgating
regulations under subparagraph (B), the Secretary shall
ensure that each major oil company described in that
subparagraph assumes full financial responsibility for
the costs of installing or otherwise making available
the pumps described in that subparagraph and any other
equipment necessary (including tanks) to ensure that
the pumps function properly.
``(F) Production credits for exceeding e-85 fuel
pumps installation requirement.--
``(i) Earning and period for applying
credits.--If the percentage of the wholly-owned
stations and the branded stations of a major
oil company at which the major oil company
installs E-85 fuel pumps in a particular
calendar year exceeds the percentage required
under subparagraph (C), the major oil company
earns credits under this paragraph, which may
be applied to any of the 3 consecutive calendar
years immediately after the calendar year for
which the credits are earned.
``(ii) Trading credits.--Subject to clause
(iii), a major oil company that has earned
credits under clause (i) may sell credits to
another major oil company to enable the
purchaser to meet the requirement under
subparagraph (C).
``(iii) Exception.--A major oil company may
not use credits purchased under clause (ii) to
fulfill the geographic distribution requirement
in subparagraph (D).''.
SEC. 103. MINIMUM FEDERAL FLEET REQUIREMENT.
Section 303(b)(1) of the Energy Policy Act of 1992 (42 U.S.C.
13212(b)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' after the
semicolon;
(2) in subparagraph (D), by striking ``fiscal year 1999 and
thereafter'' and inserting ``each of fiscal years 1999 through
2006; and''; and
(3) by inserting after subparagraph (D) the following:
``(E) 100 percent in fiscal year 2007 and
thereafter,''.
SEC. 104. APPLICATION OF GASOHOL COMPETITION ACT OF 1980.
Section 26 of the Clayton Act (15 U.S.C. 26a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) For purposes of subsection (a), restricting the right of a
franchisee to install on the premises of that franchisee a renewable
fuel pump, such as one that dispenses E-85, shall be considered an
unlawful restriction.''; and
(3) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking ``section,'' and inserting the
following: ``section--
``(1) the term'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) the term `gasohol' includes any blend of ethanol and
gasoline such as E-85.''.
TITLE II--DUAL FUELED AUTOMOBILES
SEC. 201. REQUIREMENT TO MANUFACTURE DUAL FUELED AUTOMOBILES.
(a) Requirement.--
(1) In general.--Chapter 329 of title 49, United States
Code, is amended by inserting after section 32902 the
following:
``Sec. 32902A. Requirement to manufacture dual fueled automobiles
``(a) Requirement.--Each manufacturer of new automobiles that are
capable of operating on gasoline or diesel fuel shall ensure that the
percentage of such automobiles, manufactured in any model year after
model year 2006 and distributed in commerce for sale in the United
States, which are dual fueled automobiles is equal to not less than the
applicable percentage set forth in the following table:
The percentage of dual
fueled automobiles
For each of the following model manufactured shall
years: be not less than:
2007.......................................... 10
2008.......................................... 20
2009.......................................... 30
2010.......................................... 40
2011.......................................... 50
2012.......................................... 60
2013.......................................... 70
2014.......................................... 80
2015.......................................... 90
2016 and beyond............................... 100.
``(b) Production Credits for Exceeding Flexible Fuel Automobile
Production Requirement.--
``(1) Earning and period for applying credits.--If the
number of dual fueled automobiles manufactured by a
manufacturer in a particular model year exceeds the number
required under subsection (a), the manufacturer earns credits
under this section, which may be applied to any of the 3
consecutive model years immediately after the model year for
which the credits are earned.
``(2) Trading credits.--A manufacturer that has earned
credits under paragraph (1) may sell credits to another
manufacturer to enable the purchaser to meet the requirement
under subsection (a).''.
(2) Technical amendment.--The table of sections for chapter
329 of title 49, United States Code, is amended by inserting
after the item relating to section 32902 the following:
``32902A. Requirement to manufacture dual fueled automobiles.''.
(b) Activities to Promote the Use of Certain Alternative Fuels.--
The Secretary of Transportation shall carry out activities to promote
the use of fuel mixtures containing gasoline or diesel fuel and 1 or
more alternative fuels, including a mixture containing at least 85
percent of methanol, denatured ethanol, and other alcohols by volume
with gasoline or other fuels, to power automobiles in the United
States.
SEC. 202. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES.
Section 32905(b) of title 49, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ``(1)'' before ``Except'';
(3) by striking ``model years 1993-2010'' and inserting
``model year 1993 through the first model year beginning not
less than 18 months after the date of enactment of the Biofuels
Security Act of 2006''; and
(4) by adding at the end the following:
``(2) Except as provided in paragraph (5) of this
subsection, subsection (d) of this section, or section
32904(a)(2) of this title, the Administrator shall measure the
fuel economy for each model of dual fueled automobiles
manufactured by a manufacturer in the first model year
beginning not less than 30 months after the date of enactment
of the Biofuels Security Act of 2006 by dividing 1.0 by the sum
of--
``(A) 0.7 divided by the fuel economy measured
under section 32904(c) of this title when operating the
model on gasoline or diesel fuel; and
``(B) 0.3 divided by the fuel economy measured
under subsection (a) when operating the model on
alternative fuel.
``(3) Except as provided in paragraph (5) of this
subsection, subsection (d) of this section, or section
32904(a)(2) of this title, the Administrator shall measure the
fuel economy for each model of dual fueled automobiles
manufactured by a manufacturer in the first model year
beginning not less than 42 months after the date of enactment
of the Biofuels Security Act of 2006 by dividing 1.0 by the sum
of--
``(A) 0.9 divided by the fuel economy measured
under section 32904(c) of this title when operating the
model on gasoline or diesel fuel; and
``(B) 0.1 divided by the fuel economy measured
under subsection (a) when operating the model on
alternative fuel.
``(4) Except as provided in subsection (d) of this section,
or section 32904(a)(2) of this title, the Administrator shall
measure the fuel economy for each model of dual fueled
automobiles manufactured by a manufacturer in each model year
beginning not less than 54 months after the date of enactment
of the Biofuels Security Act of 2006 in accordance with section
32904(c) of this title.
``(5) Notwithstanding paragraphs (2) through (4) of this
subsection, the fuel economy for all dual fueled automobiles
manufactured to comply with the requirements under section
32902A(a) of this title, including automobiles for which dual
fueled automobile credits have been used or traded under
section 32902A(b) of this title, shall be measured in
accordance with section 32904(c) of this title.''. | Biofuels Security Act of 2006 - Amends the Clean Air Act to replace provisions prescribing the volume of renewable fuel that gasoline sold in the United States must contain with provisions that require the Administrator of the Environmental Protection Agency (EPA) to determine the applicable volume for 2010 and beyond. Requires such volume to be at least 10 billion gallons in 2010, 30 billion gallons in 2020, and 60 billion gallons in 2030.
Requires the Secretary of Energy to promulgate regulations to ensure that each major oil company that sells gasoline in the United States through wholly-owned or branded stations provides pumps that dispense E-85 fuel (a blend approximately 85% of the content of which is derived from ethanol produced in the United States) at not less than: (1) a specified percentage of all of its stations (increasing from 5% in 2007 to 50% in 2016); and (2) a minimum percentage of its stations in each state. Allows a company to earn and sell production credits when it exceeds the percentage required. Prohibits companies from using credits purchased to fulfill geographic distribution requirements.
Amends the Energy Policy Act of 1992 to increase to 100% the proportion of vehicles acquired by a federal fleet in and after 2007 that must be light duty alternative fueled vehicles.
Amends the Clayton Act to: (1) prohibit restricting the right of a franchisee to install a renewable fuel pump; and (2) define "gasohol" as any blend of ethanol and gasoline.
Requires makers of new automobiles capable of operating on gasoline or diesel fuel to ensure that a specified percentage of automobiles manufactured in any model year after 2006 for sale in the United States (increasing from 10% in 2007 to 100% in 2016) are dual fueled automobiles. Allows the manufacturer to earn and sell production credits if it exceeds the number required.
Requires the Secretary of Transportation to promote the use of fuel mixtures containing gasoline or diesel fuel and one or more alternative fuels.
Prescribes formulas to be used by the Administrator to measure the fuel economy of dual fueled automobiles manufactured in model years beginning 18, 30, 42, and 54 months after enactment of this Act. | {"src": "billsum_train", "title": "A bill to promote renewable fuel and energy security of the United States, and for other purposes."} | 3,081 | 478 | 0.5545 | 1.804339 | 0.755983 | 2.761446 | 6.527711 | 0.86747 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Commission on Securing the United
States in the 21st Century Act of 2008''.
SEC. 2. ESTABLISHMENT OF COMMISSION.
There is established a commission to be known as the ``Commission
on Securing the United States in the 21st Century'' (in this Act
referred to as the ``Commission'').
SEC. 3. DUTIES OF THE COMMISSION.
The Commission shall--
(1) conduct a comprehensive review of the global security
environment that identifies the strategic interests and
objectives of the United States for the security environment
the United States may confront during the next two decades and
beyond;
(2) develop a national security strategy appropriate for
that future security environment and for the Nation's
character;
(3) develop a detailed plan to achieve the national
security strategy by--
(A) defining security goals for the United States;
(B) describing the internal and external policy
instruments required to best utilize the resources of
the United States;
(C) identifying steps for implementation of the
national security strategy including the organization,
coordination, planning, management arrangements, and
procedures necessary for implementation; and
(D) reviewing budgetary and resource allocations
for departments and agencies and recommending changes
to such allocations;
(4) recommend additional changes to the national security
system as necessary including agency, institutional, and other
structural reforms; and
(5) submit to the President and Congress reports pursuant
to section 8 containing detailed statements of the Commission
findings, conclusions, and recommendations for corrective
measures as determined by a majority of the members of the
Commission.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 13
members, to be appointed as follows:
(1) One member, who shall serve as chairperson, shall be
appointed by the Speaker of the House of Representatives, in
consultation with the majority leader of the Senate.
(2) One member, who shall serve as vice-chairperson, shall
be appointed by the minority leader of the House of
Representatives, in consultation with the minority leader of
the Senate.
(3) One member shall be appointed by the Secretary of
Defense.
(4) One member shall be appointed by the Secretary of
State.
(5) One member shall be appointed by the Director of
National Intelligence.
(6) Two members shall be appointed by the majority leader
of the Senate.
(7) Two members shall be appointed by the Speaker of the
House of Representatives.
(8) Two members shall be appointed by the minority leader
of the Senate.
(9) Two members shall be appointed by the minority leader
of the House of Representatives.
(b) Prohibited Appointments.--
(1) An individual appointed to the Commission may not be an
officer or employee of the Federal Government or any State or
local government.
(2) If a member of the Commission becomes an officer or
employee of the Federal Government or any State or local
government, the member may continue to serve as a member for
not longer than the 60-day period beginning on the date that
member becomes such an officer or employee.
(c) Political Affiliation.--Not more than seven members appointed
to the Commission may be of the same political party.
(d) Considerations for Appointment.--Individuals appointed to the
Commission should be prominent citizens of the United States, with
national recognition and significant depth of experience in professions
such as governmental service, law enforcement, the armed services, law,
public administration, intelligence gathering, commerce, or foreign
affairs.
(e) Period of Appointment.--Each member shall be appointed for the
life of the Commission.
(f) Vacancies.--A vacancy shall not affect the power and duties of
the Commission but shall be filled in the same manner as the original
appointment.
(g) Deadline for Appointment.--Members of the Commission shall be
appointed not later than 60 days after the date of enactment of this
Act.
SEC. 5. ADMINISTRATION.
(a) Quorum.--Seven members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(b) Meetings.--
(1) Initial meeting.--The Commission shall meet and
commence its duties not later than 15 days after the deadline
for appointment of members under section 4(g).
(2) Regular meetings.--The Commission shall meet at the
call of its chairperson or a majority of its members.
(c) Basic Pay.--Members shall each be paid at a rate not to exceed
the daily equivalent of the annual rate of basic pay for level IV of
the Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which that member is
engaged in the actual performance of duties vested in the Commission.
(d) Travel Expenses.--Members shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or regular places of
business in performance of services for the Commission.
SEC. 6. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.
(a) In General.--
(1) Appointment.--The chairperson, in consultation with the
vice-chairperson, in accordance with rules agreed upon by the
Commission, may appoint a staff director and such other
personnel as may be necessary to enable the Commission to carry
out its duties, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service.
(2) Compensation.--The staff director and other personnel
shall be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this paragraph
may exceed the daily equivalent of the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of
title 5, United States Code, for each day (including travel
time) during which that staff member is engaged in work for the
Commission.
(b) Detail of Government Employees.--Upon the request of the
Commission, the head of any Federal agency may detail, without
reimbursement, any of the personnel of such agency to the Commission to
assist in carrying out the duties of the Commission.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
SEC. 7. POWERS OF THE COMMISSION.
(a) Hearings.--The Commission may, for the purpose of carrying out
this Act, hold hearings, sit and act at times and places, take
testimony, and receive evidence as the Commission considers
appropriate.
(b) Nonapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission.
(c) Contracting.--The Commission may enter into contracts to enable
the Commission to discharge its duties under this Act.
(d) Obtaining Official Information.--
(1) Securing information.--The Commission may secure
directly from any department or agency of the United States,
information necessary to enable it to carry out this Act. Upon
request of the chairperson of the Commission, the head of that
department or agency shall furnish that information to the
Commission.
(2) Handling information.--Information shall only be
received, handled, stored, and disseminated by members of the
Commission and its staff consistent with all applicable
statutes and regulations.
(e) Security Clearance for Commission Members and Staff.--The
appropriate Federal agencies or departments shall cooperate with the
Commission in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible pursuant
to existing procedures and requirements, except that no person shall be
provided with access to classified information under this Act without
the appropriate security clearances.
(f) Administrative Support Services.--
(1) General services administration.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this Act.
(2) Other departments and agencies.--In addition to the
assistance referred to in paragraph (1), Federal departments
and agencies may provide to the Commission such services as
such departments and agencies determine advisable and as
authorized by law.
(g) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property,
both real and personal, for the purpose of aiding or facilitating the
work of the Commission. Gifts, bequests, or devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be available for
disbursement upon the order of the chairperson.
(h) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
SEC. 8. REPORTS.
(a) Interim Reports.--The Commission may submit to the President
and Congress interim reports as the Commission considers appropriate.
(b) Final Report.--The Commission shall prepare and submit a final
report to the President and Congress not later than 1 year after the
Commission's initial meeting.
(c) Public Disclosure.--The Commission shall make public copies of
the reports required under subsections (a) and (b).
SEC. 9. TERMINATION.
(a) In General.--The Commission shall terminate 60 days after
submitting its final report.
(b) Administrative Activities Before Termination.--During the 60-
day period referred to in subsection (a) the Commission may conclude
its activities, including providing testimony to committees of Congress
concerning its reports and disseminating the final report.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated $2,000,000
for the fiscal year 2008 to carry out this Act.
(b) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are authorized to
remain available until expended. | Commission on Securing the United States in the 21st Century Act of 2008 - Establishes the Commission on Securing the United States in the 21st Century which shall review the next 20 years' global security environment to identify U.S. strategic interests and develop an appropriate national security strategy.
Terminates the Commission 60 days after submission of a final report required under this Act. | {"src": "billsum_train", "title": "To establish the Commission on Securing the United States in the 21st Century."} | 2,293 | 81 | 0.558931 | 1.413919 | 0.70258 | 3.656716 | 31.552239 | 0.880597 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Packers and Stockyards Improvement
Act of 1996''.
SEC 2. LIVESTOCK DEALER TRUST.
Title III of the Packers and Stockyards Act, 1921 (7 U.S.C. 201 et
seq.), is amended by adding at the end the following:
``SEC. 318. LIVESTOCK DEALER TRUST.
``(a) Findings.--Congress finds that--
``(1) a burden on and obstruction to commerce in livestock
is caused by financing arrangements under which dealers and
market agencies purchasing livestock on commission encumber,
give lenders security interests in, or have liens placed on
livestock purchased by the dealers and market agencies in cash
sales, or on receivables from or proceeds of the sales, when
payment is not made for the livestock; and
``(2) the carrying out of the arrangements is contrary to
the public interest.
``(b) Purpose.--The purpose of this section is to remedy the burden
on and obstruction to commerce in livestock described in subsection
(a)(1) and protect the public interest.
``(c) Definitions.--In this section:
``(1) Cash sale.--The term `cash sale' means a sale in
which the seller does not expressly extend credit to the buyer.
``(2) Trust.--The term `trust' means 1 or more assets of a
buyer that (subsequent to a cash sale of livestock) constitute
the corpus of a trust held for the benefit of a seller and
consist of--
``(A) accounts receivable and proceeds earned from
the cash sale of livestock by a dealer or market agency
buying on a commission basis;
``(B) accounts receivable and proceeds of a
marketing agency earned on commission from the cash
sale of livestock;
``(C) the inventory of the dealer or marketing
agency; or
``(D) livestock involved in the cash sale, if the
seller has not received payment in full for the
livestock and a bona fide third-party purchaser has not
purchased the livestock from the dealer or marketing
agency.
``(d) Holding in Trust.--
``(1) In general.--The accounts receivable and proceeds
generated in a cash sale made by a dealer or a market agency on
commission and the inventory of the dealer or market agency
shall be held by the dealer or market agency in trust for the
benefit of the seller of the livestock until the seller
receives payment in full for the livestock.
``(2) Exemption.--Paragraph (1) does not apply in the case
of a cash sale made by a dealer or market agency if the total
amount of cash sales made by the dealer or market agency during
the preceding 12 months does not exceed $250,000.
``(3) Dishonor of instrument of payment.--A payment in a
sale described in paragraph (1) shall not be considered to be
made if the instrument by which payment is made is dishonored.
``(4) Loss of benefit of trust.--If an instrument by which
payment is made in a sale described in paragraph (1) is
dishonored, the seller shall lose the benefit of the trust
under paragraph (1) on the earlier of--
``(A) the date that is 15 business days after the
date on which the seller receives notice of the
dishonor; or
``(B) the date that is 30 days after the final date
for making payment under section 409;
unless the seller gives written notice to the dealer or market
agency of the seller's intention to preserve the trust and
submits a copy of the notice to the Secretary.
``(5) Rights of third-party purchaser.--The trust
established under paragraph (1) shall have no effect on the
rights of a bona fide third-party purchaser of the livestock,
without regard to whether the livestock are delivered to the
bona fide purchaser.
``(e) Jurisdiction.--The district courts of the United States shall
have jurisdiction in a civil action--
``(1) by the beneficiary of a trust described in subsection
(d)(1), to enforce payment of the amount held in trust; and
``(2) by the Secretary, to prevent and restrain dissipation
of a trust described in subsection (d)(1).''.
SEC. 3. REPORTS TO SECRETARY.
Section 401 of the Packers and Stockyards Act, 1921 (7 U.S.C. 221),
is amended--
(1) by striking ``Sec. 401. Every'' and inserting the
following:
``SEC. 401. ACCOUNTS AND RECORDS OF BUSINESSES; REPORTS TO SECRETARY.
``(a) Accounts and Records.--Each''; and
(2) by adding at the end the following:
``(b) Reports to Secretary.--Each packer, stockyard owner, market
agency, and dealer shall report to the Secretary, in a manner
determined by the Secretary--
``(1) the quantity of livestock and livestock products
exported from, and imported into, the United States; and
``(2) the price paid for livestock.''.
SEC. 4. INCLUSION OF FORMULA-PRICED CATTLE IN DEFINITION OF CAPTIVE
SUPPLY.
Section 407 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228),
is amended by adding at the end the following:
``(e) Inclusion of Formula-Priced Cattle in Definition of Captive
Supply.--The Secretary shall include all formula-priced cattle in the
definition of captive supply for purposes of collecting data to carry
out this Act.''. | Packers and Stockyards Improvement Act of 1996 - Amends the Packers and Stockyards Act, 1921 to provide that a livestock dealer or market agency shall hold the proceeds of a cash sale in trust for the seller until the seller receives full payment. Exempts certain small dealers or market agencies from such provision.
States that: (1) a dishonored payment instrument shall not constitute a sale (with resultant loss of trust benefit); (2) third-party purchaser rights shall not be affected by such livestock dealer trust; and (3) jurisdiction for related civil matters shall be in U.S. district courts.
Revises certain business recordkeeping requirements, including elimination of fine and imprisonment provisions.
Includes formula-priced cattle in the definition of captive supply for data collection purposes. | {"src": "billsum_train", "title": "Packers and Stockyards Improvement Act of 1996"} | 1,282 | 165 | 0.54795 | 1.65186 | 0.683482 | 2.194631 | 7.671141 | 0.812081 |
SECTION 1. PRESERVATION LEASING OF INDIAN LAND.
(a) In General.--Section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) is amended by adding at the end the following:
``(u) Preservation Leasing of Indian Land.--
``(1) Definitions.--In this subsection:
``(A) Indian land.--The term `Indian land' means
land owned by, operated by, or otherwise belonging to
an Indian tribe.
``(B) Indian tribe.--The term `Indian tribe' has
the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(C) Permitted activity.--The term `permitted
activity' means a discharge of dredged or fill material
for which a permit is issued under this section.
``(D) Permittee.--The term `permittee' means a
person that is issued a permit under this section.
``(E) Preservation lease.--The term `preservation
lease' means an agreement under which a permittee
leases wetlands or other aquatic sites on Indian land
for the sole purpose of preserving the wetlands or
other aquatic sites in an undisturbed state during the
term of the lease to mitigate for a permitted activity.
``(2) Preservation leasing of indian land.--The Secretary
shall allow a permittee to satisfy compensatory mitigation
requirements for a permitted activity by entering into a
preservation lease with an Indian tribe, if the permitted
activity affects wetlands that are located in the same
watershed as the Indian land to be leased.
``(3) Term.--In order to satisfy compensatory mitigation
requirements, the term of a preservation lease--
``(A) shall be not less than the life of the
permitted activity; and
``(B) shall be adjusted to account for the
cessation, in whole or in part, of the impacts caused
by the permitted activity.
``(4) Situations in which a permittee ceases to maintain
permitted activity.--
``(A) Permit modifications.--If a permittee enters
into a preservation lease with an Indian tribe under
this subsection and subsequently ceases to maintain the
permitted activity or seeks to abandon the permitted
activity without a good faith transfer the permittee
shall obtain a permit modification from the Secretary,
which may require restoration and rehabilitation of the
area.
``(B) Consultation with an indian tribe.--Before
making a determination under subparagraph (A) as to
whether, and to what degree, restoration and
rehabilitation are required, the Secretary shall
consult, and fully consider, the position of the Indian
tribe that is a party to any preservation lease
relating to the permitted activity.
``(C) Restoration and rehabilitation plans.--
``(i) In general.--If the Secretary
determines under subparagraph (A) that
restoration and rehabilitation are required,
the Secretary may require the permittee to
submit to the Secretary and the Indian tribe a
plan for conducting the restoration and
rehabilitation.
``(ii) Contents.--A restoration and
rehabilitation plan submitted under clause (i)
shall include, at a minimum, goals and
objectives, performance standards, and plans
for site treatment, reporting, remedial work,
and monitoring to ensure that performance
standards are met.
``(D) Reversion of land.--After activities
conducted under a restoration and rehabilitation plan
submitted under subparagraph (C)(i) have been completed
and the hydrological functions and fish and wildlife
habitat of the area impacted by the permitted activity
have been restored pursuant to the restoration and
rehabilitation plan, the land subject to the lease
shall revert back to the Indian tribe without
restriction.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to permits issued under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) after the date of enactment of
this Act. | This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to allow a permittee under the Act to satisfy compensatory mitigation requirements for discharging dredged or fill material into the waters of the United States (permitted activity) by entering into a preservation lease with an Indian tribe whose wetlands are affected. A preservation lease is an agreement under which a permittee leases wetlands or other aquatic sites on Indian land for the sole purpose of preserving the wetlands or other aquatic sites in an undisturbed state during the term of the lease to mitigate for a permitted activity. The term of the lease may not be less than the life of the permitted activity and must be adjusted to account for the cessation of the impacts caused by such activity. If a permittee enters into a preservation lease and subsequently ceases to maintain the permitted activity, or seeks to abandon the permitted activity without a good faith transfer, the permittee must obtain a permit modification from the U.S. Army Corps of Engineers, which may require restoration and rehabilitation of the area. | {"src": "billsum_train", "title": "A bill to amend the Federal Water Pollution Control Act to allow preservation leasing as a form of compensatory mitigation for discharges of dredged or fill material affecting Indian land, and for other purposes."} | 923 | 249 | 0.76847 | 2.060684 | 0.902598 | 4.6 | 3.94 | 0.9 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Crime Doesn't Pay Prison Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The Supreme Court has held that the Constitution does
not mandate comfortable prison conditions; only those
deprivations denying the minimal civilized measure of life's
necessities are sufficiently grave to form the basis of an
eighth amendment violation. Wilson v. Seiter, 115 L. Ed. 2d
271, (1991) (citing Rhodes v. Chapman, 452 U.S. 337 (1981)).
(2) An inmate should not be able to successfully challenge
conditions of confinement of an institution unless the inmate
establishes both that the condition is contrary to the current
standards of decency of society and that prison officials are
deliberately indifferent to the plight of the inmate. Wilson v.
Seiter, 115 L. Ed. 2d 271 (1991).
(3) Expenditures on prisons in excess of levels necessary
to meet constitutionally mandated conditions of confinement
increase the cost of building and administering institutions,
thereby diverting funds which could be used to expand current
prison capacity throughout the country. Additional prison beds
are desperately needed to stop the early release of repeat and
violent offenders due to insufficient prison capacity.
(4) Public funds that could go to assist the law-abiding
poor are being expended to provide facilities and services for
inmates at a level exceeding the minimum standard of living for
the law-abiding poor and exceeding the conditions mandated by
the Constitution.
(5) There is a need for Congress, on behalf of the people,
to express and codify a national standard of minimum decency
for prison conditions. Inmates should not be entitled, by
virtue of their imprisonment, to live better than law-abiding
persons living at the poverty guideline level of income as
determined by the Secretary of Health and Human Services.
(6) Federal courts have been besieged by frivolous
litigation brought by inmates incarcerated in institutions.
Lacking a legislative expression of the contemporary standards
of decency relating to prison conditions, Federal courts have
become unduly involved in the micromanagement of correctional
facilities, a role for which the Supreme Court recognizes
courts are ill-suited and which is better left to the expertise
of prison administrators. Procunier v. Martinez, 416 U.S. 396,
404-05 (1974).
(b) Purposes.--The purposes of this Act are--
(1) to articulate an objective national standard for
measuring the minimum decency of prison conditions;
(2) to ensure that criminal punishments reflect the
seriousness of the offense, promote respect for the law,
provide just punishment, afford adequate deterrence, and
protect the public from further crimes by requiring that
inmates do not live better than law-abiding persons living at
the poverty level;
(3) to ensure that State governments are required to spend
only that amount necessary to achieve the minimum standard for
conditions of confinement mandated by the Constitution; and
(4) to ensure that Federal courts require only that prison
conditions do not constitute the unnecessary and wanton
infliction of pain due to the deliberate indifference of
institutional administrators, such that inmates are deprived of
the minimum civilized measure of life's necessities. Hudson v.
McMillan, 117 L. Ed. 2d 156 (1992); Wilson v. Seiter, 115 L.
Ed. 2d 271 (1991); Whitely v. Albers, 475 U.S. 312 (1986);
Rhodes v. Chapman, 452 U.S. 337 (1981).
SEC. 3. JUDICIAL STANDARDS FOR PRISON CONDITIONS.
Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by
adding at the end the following:
``(d)(1) In any action or proceeding challenging conditions of
confinement of an institution, a court may not grant any relief unless
the conditions challenged constitute the unnecessary and wanton
infliction of pain due to the deliberate indifference of the
administrators of the institution such that inmates are deprived of the
minimum civilized measure of life's necessities.
``(2)(A) If an institution makes a per-inmate expenditure equal to
or exceeding the poverty guideline level there is a presumption that
the administrators of the institution are not deliberately indifferent
to the unnecessary and wanton infliction of pain and the deprivation of
the minimum civilized measure of life's necessities, which may be
rebutted only by clear and convincing evidence to the contrary.
``(B) A failure to make a per-inmate expenditure at a level equal
to or exceeding the poverty guideline level does not give rise to a
presumption that the conditions of confinement of an institution are
unconstitutional.
``(3) In this subsection:
``(A) The term `conditions of confinement' means aspects of
confinement of an institution, which includes food, shelter,
clothing, medical care, goods, services and programs of an
institution, but does not include aspects relating to
institutional security.
``(B) The term `inmate' means a person committed to the
custody of an institution.
``(C) The term `institution' has the meaning given the term
in section 721.
``(D) The term `per-inmate expenditure' means the amount
equal to the quotient of--
``(i) an institution's allocated expenditure for
providing food, shelter, clothing, medical care, goods,
services and programs, excluding costs specifically
related to institutional security during the 12-month
period preceding the date of the alleged violation;
divided by
``(ii) the average number of inmates confined in
the institution during that 12-month period.
``(E) The term `poverty guideline level' means the dollar
allowance in the poverty guideline for additional family
members in the largest households, as established by the
Department of Health and Human Services.''. | Crime Doesn't Pay Prison Act - Prohibits a court from granting relief in an action or proceeding challenging conditions of confinement of a correctional institution, unless such conditions constitute the unnecessary and wanton infliction of pain due to the deliberate indifference of the administrators of the institution such that inmates are deprived of the minimum civilized measure of life's necessities.
Establishes a presumption that if an institution makes a per-inmate expenditure equal to or exceeding the poverty guideline level, the administrators are not deliberately indifferent to the unnecessary and wanton infliction of pain and the deprivation of the minimum civilized measure of life's necessities, which may be rebutted only by clear and convincing evidence to the contrary.
Specifies that a failure to make a per-inmate expenditure equal to or exceeding the poverty guideline level does not give rise to a presumption that the conditions of confinement of an institution are unconstitutional. | {"src": "billsum_train", "title": "Crime Doesn't Pay Prison Act"} | 1,360 | 225 | 0.485332 | 1.608696 | 0.911432 | 8.054217 | 7.228916 | 0.981928 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Payment Fairness Act of
2009''.
SEC. 2. VALUE INDEX UNDER THE MEDICARE PHYSICIAN HOSPITAL SERVICE.
(a) In General.--Section 1848(e)(5) of the Social Security Act (42
U.S.C. 1395w-4(e)) is amended by adding at the end the following new
paragraph:
``(6) Value index.--
``(A) In general.--The Secretary shall determine a
value index for each fee schedule area. The value index
shall be the ratio of the quality component under
subparagraph (B) to the cost component under
subparagraph (C) for that fee schedule area.
``(B) Quality component.--
``(i) In general.--The quality component
shall be based on a composite score that
reflects quality measures available on a State
or fee schedule area basis. The measures shall
reflect health outcomes and health status for
the Medicare population, patient safety, and
patient satisfaction. The Secretary shall use
the best data available, after consultation
with the Agency for Healthcare Research and
Quality and with private entities that compile
quality data.
``(ii) Requirement.--In establishing the
quality component under this subparagraph, the
Secretary shall take into account the
following:
``(I) Hospital readmission rates.
``(II) Hospital emergency
department utilization for ambulatory
care-sensitive conditions.
``(III) Hospital admissions for
ambulatory care-sensitive conditions.
``(IV) Mortality amenable to health
care.
``(V) Other items determined
appropriate by the Secretary.
``(iii) Establishment.--The quality
component for each fee schedule area shall be
the ratio of the quality score for such area to
the national average quality score.
``(iv) Application.--In the case of a fee
schedule area that is less than an entire
State, if available quality data is not
sufficient to measure quality at the sub-State
level, the quality component for a sub-State
fee schedule area shall be the quality
component for the entire State.
``(C) Cost component.--
``(i) In general.--The cost component shall
be total annual per beneficiary Medicare
expenditures under part A and this part for the
fee schedule area. The Secretary may use total
per beneficiary expenditures under such parts
in the last two years of life as an alternative
measure if the Secretary determines that such
measure better takes into account severity
differences among fee schedule areas.
``(ii) Establishment.--The cost component
for a fee schedule area shall be the ratio of
the cost per beneficiary for such area to the
national average cost per beneficiary.''.
(b) Conforming Amendments.--Section 1848 of the Social Security Act
(42 U.S.C. 1395w-4) is amended--
(1) in subparagraph (b)(1)(C), by striking ``geographic''
and inserting ``geographic and value''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in the heading, by inserting ``and
value'' after ``geographic'';
(ii) in subparagraph (A), by striking
clause (iii) and inserting the following new
clause:
``(iii) a value index (as defined in
paragraph (6)) applicable to physician work.'';
(iii) in subparagraph (C), by inserting
``and value'' after ``geographic'' in the first
sentence;
(iv) in subparagraph (D), by striking
``physician work effort'' and inserting
``value'';
(v) by striking subparagraph (E); and
(vi) by striking subparagraph (G);
(B) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Computation of geographic and value adjustment
factor.--For purposes of subsection (b)(1)(C), for all
physicians' services for each fee schedule area the Secretary
shall establish a geographic and value adjustment factor equal
to the sum of the geographic cost-of-practice adjustment factor
(specified in paragraph (3)), the geographic malpractice
adjustment factor (specified in paragraph (4)), and the value
adjustment factor (specified in paragraph (5)) for the service
and the area.''; and
(C) by striking paragraph (5) and inserting the
following new paragraph:
``(5) Physician work value adjustment factor.--For purposes
of paragraph (2), the `physician work value adjustment factor'
for a service for a fee schedule area, is the product of--
``(A) the proportion of the total relative value
for the service that reflects the relative value units
for the work component; and
``(B) the value index score for the area, based on
the value index established under paragraph (6).''.
(c) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1848(c)(6)(B) of the Social Security Act, as added
by subsection (a), for each fee schedule area available to the public
by not later than January 1, 2011.
(d) Effective Date.--The amendments made by this section shall
apply to the Medicare physician hospital service for 2012 and each
subsequent year.
SEC. 3. VALUE INDEX UNDER THE INPATIENT HOSPITAL PROSPECTIVE PAYMENT
SYSTEM.
(a) In General.--Section 1886(d) of the Social Security Act (42
U.S.C. 1395ww(d)) is amended by adding at the end the following new
paragraph:
``(14) Value index.--
``(A) In general.--The Secretary shall determine a
value index for each hospital service area. The value
index shall be the ratio of the quality component under
subparagraph (C) to the cost component under
subparagraph (D) for that hospital service area.
``(B) Payment adjustment.--Notwithstanding any
other provision of this title, the payment amount made
to a subsection (d) hospital under this subsection or
section 1814(b)(3) for discharges during a fiscal year,
after all other adjustments and add-ons effected under
this title, shall be adjusted by multiplying such
amount by the value index determined under subparagraph
(A) for the hospital service area in which the
discharges occur.
``(C) Quality component.--
``(i) In general.--The quality component
shall be based on a composite score that
reflects quality measures available on a State
or hospital service area basis. The measures
shall reflect health outcomes and health status
for the Medicare population, patient safety,
and patient satisfaction. The Secretary shall
use the best data available, after consultation
with the Agency for Healthcare Research and
Quality and with private entities that compile
quality data.
``(ii) Requirement.--In establishing the
quality component under this subparagraph, the
Secretary shall take into account quality
measures reported by hospitals under subsection
(b)(3)(B)(viii)(III) and shall, to the extent
feasible, add additional measures relating to
outcomes in hospitals.
``(iii) Establishment.--The quality
component for each hospital service area shall
be the ratio of the quality score for such area
to the national average quality score.
``(iv) Application.--In the case of a
hospital service area that is less than an
entire State, if available quality data is not
sufficient to measure quality at the sub-State
level, the quality component for a sub-State
hospital service area shall be the quality
component for the entire State.
``(D) Cost component.--
``(i) In general.--The cost component shall
be total annual per beneficiary Medicare
expenditures under parts A and B for the
hospital service area. The Secretary may use
total per beneficiary expenditures under such
parts in the last two years of life as an
alternative measure if the Secretary determines
that such measure better takes into account
severity differences among hospital service
areas.
``(ii) Establishment.--The cost component
for a hospital service area shall be the ratio
of the cost per beneficiary for such area to
the national average cost per beneficiary.
``(E) Hospital service area.--In this paragraph,
the term `hospital service area' means such an area as
the Secretary shall define. In defining such areas, the
Secretary shall use a methodology similar to that used
in the establishment of the Dartmouth Atlas of Health
Care.''.
(b) Availability of Quality Component Prior to Implementation.--The
Secretary of Health and Human Services shall make the quality component
described in section 1886(d)(14)(B) of the Social Security Act, as
added by subsection (a), for each hospital service area available to
the public by not later than January 1, 2011.
(c) Effective Date.--The amendments made by this section shall
apply to the discharges occurring on or after October 1, 2012. | Medicare Payment Fairness Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services (HHS) to create a value index for the physician work component for each Medicare physician fee schedule area.
Requires the Secretary to create a value index for each hospital service area under the inpatient hospital prospective payment system (PPS). | {"src": "billsum_train", "title": "To amend title XVIII of the Social Security Act to create a value indexing mechanism for the physician work component of the Medicare physician hospital service and for inpatient hospital services."} | 2,024 | 88 | 0.500023 | 1.189506 | 0.890047 | 3.136986 | 25.164384 | 0.890411 |
SECTION 1. INTERESTS IN FINANCIAL ASSETS OF IRAN.
(a) Interests in Blocked Assets.--Notwithstanding any other
provision of law, and preempting any inconsistent provision of State
law, the property interest of Iran in a blocked asset shall include an
interest in property of any nature whatsoever, direct or indirect,
including any direct or indirect interest in securities or other
financial assets immobilized or in any other manner held in book entry
form and credited to a securities account in the United States and the
proceeds thereof, or in any funds transfers held in a United States
financial institution. The property interest of Iran in securities or
other financial assets immobilized or in any other manner held in book
entry form and credited to a securities account in the United States
and proceeds thereof shall be deemed to exist at every tier of
securities intermediary necessary to hold an interest in any such
securities or other financial assets. The property interest of Iran in
a funds transfer shall exist at any intermediary bank necessary to
complete such funds transfer.
(b) Property in the United States of Iran.--Notwithstanding any
other provision of law, and preempting any inconsistent provision of
State law, the property, including any interest in the property, of
Iran shall be deemed to be property in the United States of Iran if--
(1) that property is an interest, held directly or
indirectly for the benefit of Iran or for the benefit of any
securities intermediary that directly or indirectly holds the
interest for the benefit of Iran, in securities or other
financial assets that are represented by certificates or are in
other physical form and are immobilized, custodized, or held
for safekeeping or any other reason in the United States; or
(2) that property is an interest in securities or other
financial assets held in book entry form or otherwise, and
credited to a securities account in the United States by any
securities intermediary directly or indirectly for the benefit
of Iran or for the benefit of any other securities intermediary
that directly or indirectly holds the interest for the benefit
of Iran.
(c) Determination of Whether Securities or Other Assets Are Held or
Credited to a Securities Account in the United States.--For purposes of
this section, an interest in securities or other financial assets is
held and credited to a securities account in the United States by a
securities intermediary if the securities intermediary is located in
the United States. A securities intermediary is conclusively presumed
to be located in the United States if it is regulated in its capacity
as a securities intermediary under the laws of the United States.
(d) Commercial Activity in the United States.--Notwithstanding any
other provision of law, the ownership by Iran, or its central bank or
monetary authority, of any property, including the interest in property
described in paragraphs (1) and (2) of subsection (b), or any other
interest in property, shall be deemed to be commercial activity in the
United States and that property, including any interest in that
property, shall be deemed not to be held for the central bank's or
monetary authority's own account.
(e) Applicability.--This section applies to all attachments and
proceedings in aid of execution issued or obtained before, on, or after
the date of the enactment of this Act with respect to judgments entered
against Iran for damages for personal injury or death caused by an act
of torture, extrajudicial killing, aircraft sabotage, or hostage-
taking, or the provision of material support or resources for such an
act.
(f) Definitions.--In this section:
(1) Blocked asset.--The term ``blocked asset''--
(A) means any asset seized or frozen by the United
States under section 5(b) of the Trading With the Enemy
Act (50 U.S.C. App. 5(b)) or under section 202 or 203
of the International Emergency Economic Powers Act (50
U.S.C. 1701 and 1702); and
(B) does not include property that--
(i) is subject to a license issued by the
United States Government for final payment,
transfer, or disposition by or to a person
subject to the jurisdiction of the United
States in connection with a transaction for
which the issuance of the license has been
specifically required by a provision of law
other than the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) or the
United Nations Participation Act of 1945 (22
U.S.C. 287 et seq.); or
(ii) is property subject to the Vienna
Convention on Diplomatic Relations or the
Vienna Convention on Consular Relations, or
that enjoys equivalent privileges and
immunities under the laws of the United States,
and is being used exclusively for diplomatic or
consular purposes.
(2) Clearing corporation.--The term ``clearing
corporation'' means--
(A) a clearing agency (as defined in section
3(a)(23) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a)(23)));
(B) a Federal reserve bank; or
(C) any other person that provides clearance or
settlement services with respect to financial assets
that would require it to register as a clearing agency
under the Federal securities laws but for an exclusion
or exemption from the registration requirement under
section 3(a)(23)(B) of the Securities Exchange Act of
1934, if its activities as a clearing corporation,
including promulgation of rules, are subject to
regulation by a Federal or State governmental
authority.
(3) Financial asset; security.--The terms ``financial
asset'' and ``security'' have the meanings given those terms in
the Uniform Commercial Code.
(4) Iran.--The term ``Iran'' means the Government of Iran,
including the central bank or monetary authority of that
Government and any agency or instrumentality of that
Government.
(5) Property subject to the vienna convention on diplomatic
relations or the vienna convention on consular relations.--The
term ``property subject to the Vienna Convention on Diplomatic
Relations or the Vienna Convention on Consular Relations''
means any property the attachment in aid of execution or
execution of which would result in a violation of an obligation
of the United States under the Vienna Convention on Diplomatic
Relations, done at Vienna April 18, 1961, or the Convention on
Consular Relations, done at Vienna April 24, 1963.
(6) Securities intermediary.--The term ``securities
intermediary'' means--
(A) a clearing corporation; or
(B) a person, including a bank or broker, that in
the ordinary course of its business maintains
securities accounts for others and is acting in that
capacity.
(7) United states.--The terms ``United States'' includes
all territory and waters, continental or insular, subject to
the jurisdiction of the United States.
SEC. 2. EXCEPTIONS TO THE IMMUNITY FROM ATTACHMENT OR EXECUTION.
(a) Title 28, United States Code.--Section 1610 of title 28, United
States Code, is amended--
(1) in subsection (a)(7), by inserting after ``section
1605A'' the following: ``or section 1605(a)(7) (as such section
was in effect on January 27, 2008)'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``(5), 1605(b), or 1605A''
and inserting ``(5) or 1605(b)''; and
(ii) by striking the period at the end and
inserting ``, or''; and
(B) by adding after paragraph (2) the following:
``(3) the judgment relates to a claim for which the agency
or instrumentality is not immune by virtue of section 1605A of
this chapter or section 1605(a)(7) of this chapter (as such
section was in effect on January 27, 2008), regardless of
whether the property is or was involved in the act upon which
the claim is based.'';
(3) by amending subsection (c) to read as follows:
``(c)(1) No attachment or execution referred to in any of
paragraphs (1) through (6) of subsection (a), or in paragraph (1) or
(2) of subsection (b), shall be permitted until the court of original
jurisdiction has ordered such attachment and execution after having
determined that a reasonable period of time has elapsed following the
entry of judgment and the giving of any notice required under section
1608(e) of this chapter.
``(2) No attachment or execution referred to in paragraph (7) of
subsection (a) or paragraph (3) of subsection (b) shall be permitted
until the court of original jurisdiction has ordered that such
attachment and execution may proceed after having determined that a
reasonable period of time has elapsed following the entry of judgment
and the giving of any notice required under section 1608(e) of this
chapter. For purposes of the preceding sentence, substantial compliance
with the requirements of section 1608(e) shall be deemed to be
sufficient service under such section, and the rejection of or refusal
to accept delivery of a default judgment served in substantial
compliance with such requirements shall not affect the sufficiency of
such service. The order of the court under this paragraph need not
specify the assets that are to be subject to such attachment or
execution.''; and
(4) in subsection (g)(1), in the matter preceding
subparagraph (A), by inserting after ``section 1605A'' the
following: ``or section 1605(a)(7) (as such section was in
effect on January 27, 2008)''.
(b) Terrorism Risk Insurance Act of 2002.--Section 201(a) of the
Terrorism Risk Insurance Act of 2002 (28 U.S.C. 1610 note) is amended
by striking ``section 1605(a)(7)'' and inserting ``section 1605A or
1605(a)(7) (as such section was in effect on January 27, 2008)''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat.
3) and shall apply with respect to--
(1) any judgment pursuant to section 1605A of title 28,
United States Code, or section 1605(a)(7) of such Code (as such
section was in effect on January 27, 2008), that is entered
before, on, or after the date of the enactment of such Act; and
(2) any attachment or other proceedings in aid of
execution, or execution, that is issued, obtained, or commenced
before, on, or after the date of the enactment of such Act,
upon a judgment described in paragraph (1). | States that the property interest of Iran in: (1) a blocked asset shall include an interest in property of any nature whatsoever, including any direct or indirect interest in securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States, or in any funds transfers held in a U.S. financial institution; (2) securities or other financial assets immobilized or in any other manner held in book entry form and credited to a securities account in the United States shall be deemed to exist at every tier of securities intermediary necessary to hold an interest in any such securities or other financial assets; and (3) a funds transfer shall exist at any intermediary bank necessary to complete such funds transfer.
States that property of Iran shall be deemed to be property in the United States of Iran if that property is: (1) an interest, held for Iran's benefit or for the benefit of any securities intermediary that directly or indirectly holds the interest for Iran's benefit, in securities or other financial assets that are represented by certificates or are in other physical form and are immobilized, custodized, or held for safekeeping or any other reason in the United States; or (2) an interest in securities or other financial assets held in book entry form or otherwise, and credited to a securities account in the United States by any securities intermediary directly or indirectly for Iran's benefit or for the benefit of any other securities intermediary that directly or indirectly holds the interest for Iran's benefit.
States that: (1) an interest in securities or other financial assets is held and credited to a securities account in the United States by a securities intermediary if the securities intermediary is located in the United States; and (2) ownership by Iran, or its central bank or monetary authority, of any property shall be deemed to be commercial activity in the United States and that property, including any interest in that property, shall be deemed not to be held for the central bank's or monetary authority's own account.
Revises provisions regarding exceptions to the immunity from attachment or execution of a foreign state's property in the United States. | {"src": "billsum_train", "title": "To clarify certain provisions relating to the interests of Iran in certain assets, and for other purposes."} | 2,379 | 460 | 0.894167 | 3.222974 | 1.066084 | 8.104019 | 5.134752 | 0.98818 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) The political relationship between the United States
Territory of American Samoa and the United States is embodied
in two separate treaties of cessions: one that was signed on
April 17, 1900, between the traditional leaders of the Islands
of Tutuila and Aunu'u and the United States; and another that
was signed on July 16, 1904, between the traditional leaders of
Manu'a and the United States.
(2) The Act of February 20, 1929 (48 U.S.C. 1661), whereby
Congress officially ratified the two treaties of cessions,
stipulates, in subsection (c), that ``Until Congress shall
provide for the government of such islands, all civil,
judicial, and military powers shall be vested in such person or
persons and shall be exercised in such manner as the President
of the United States shall direct; and the President shall have
power to remove said officers and fill the vacancies so
occasioned.'' On June 29, 1951, by Executive Order No. 10264,
President Harry S. Truman transferred the administration of
American Samoa from the Secretary of the Navy to the Secretary
of the Interior.
(3) In accordance with article IV, section 3, clause 2 of
the United States Constitution, and pursuant to subsection (c)
of the Act of February 20, 1929 (48 U.S.C. 1661(c)), Congress
hereby authorizes additional jurisdiction to be exercised by
the High Court of American Samoa under this Act.
SEC. 2. FEDERAL JURISDICTION AND ADMINISTRATIVE DUTIES OF HIGH COURT OF
AMERICAN SAMOA.
(a) Additional Jurisdiction.--The High Court of American Samoa
shall have jurisdiction over any criminal case arising under any law of
the United States applicable to American Samoa in which a defendant who
is accused of the criminal violation resides in American Samoa and the
violation occurred in the territory of American Samoa.
(b) Appeals.--
(1) Initial appeal.--A decision of the High Court of
American Samoa under subsection (a) may be appealed to the
Appellate Division of the High Court of American Samoa not
later than 60 days after the date of the decision of the High
Court.
(2) Appeal to u.s. district court.--A decision of the
Appellate Division of the High Court of American Samoa under
paragraph (1) may be appealed to the United States District
Court for the District of Hawaii not later than 60 days after
the date of the decision of the Appellate Division.
(3) Further appeals.--A decision of the United States
District Court for the District of Hawaii may be appealed as
provided in title 28, United States Code.
(c) Administrative Duties.--The Chief Justice of the High Court of
American Samoa, or the assignee of the Chief Justice, shall administer
all matters pertaining to the justices and judges of the courts of
American Samoa, and to the clerks and other administrative staff of
such courts.
(d) Additional Justices.--
(1) Appointment.--The Secretary of the Interior shall
appoint 2 or more justices to the High Court of American Samoa
as needed.
(2) Qualifications.--In appointing individuals under
paragraph (1), the Secretary shall consider, in addition to the
legal training of the individuals, such individuals' knowledge
of the traditional and customary laws of American Samoa.
(e) Special Prosecutor.--The Secretary of the Interior shall
appoint a special prosecutor for American Samoa, whose responsibility
shall be to prosecute all criminal violations of laws of the United
States over which the High Court of American Samoa has jurisdiction
under subsection (a), pursuant to applicable local procedures of the
High Court of American Samoa. In appointing an individual to such
office, the Secretary shall consider, in addition to the individual's
legal training, such individual's knowledge of the traditional and
customary laws of American Samoa.
SEC. 3. EFFECTIVE DATE; NEEDS ASSESSMENT.
(a) Effective Date.--Subject to subsection (b), this Act shall take
effect upon the expiration of the 120-day period beginning on the date
of the enactment of this Act.
(b) Needs Assessment.--The Secretary of the Interior and the
Attorney General of the United States, in consultation with the Chief
Justice of the High Court of American Samoa, the Governor of American
Samoa, and the President of the Senate and the Speaker of the House of
Representatives of American Samoa, shall, by not later than 90 days
after the date of the enactment of this Act, assess the increase in
staffing and administrative costs required by reason of this Act.
SEC. 4. REPORT TO CONGRESS.
The Secretary of the Interior shall, not later than 1 year after
the date of the enactment of this Act, submit to the Congress a report
on the implementation of this Act.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary of the
Interior $2,000,000 to carry out this Act. | Gives the High Court of American Samoa the jurisdiction over any criminal case arising under any law of the United States applicable to American Samoa in which a defendant resides in American Samoa and the violation occurred in the territory of American Samoa.
Directs the Secretary of the Interior to appoint: (1) two or more justices to the High Court of American Samoa as needed; and (2) a special prosecutor for American Samoa, whose responsibility shall be to prosecute all criminal violations of laws of the United States over which the High Court of American Samoa has jurisdiction under this Act. | {"src": "billsum_train", "title": "To confer certain Federal jurisdiction on the High Court of American Samoa, and for other purposes."} | 1,147 | 134 | 0.597797 | 1.531913 | 0.666513 | 8.045045 | 9.036036 | 0.981982 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fiscal Responsibility and Retirement
Security Act''.
SEC. 2. REVIEW AND APPROVAL BY LAW OF DESIGNATION OF CLASS INDEPENDENCE
BENEFIT PLAN.
Title XXXII of the Public Health Service Act, as added by section
8002(a) of the Patient Protection and Affordable Care Act (Public Law
111-148), is amended--
(1) in section 3203(a)--
(A) in paragraph (3), in the second sentence, by
inserting ``and shall submit to Congress a report
containing such designation, details, and reasons''
after ``public comment''; and
(B) by adding at the end the following new
paragraph:
``(4) Approval by law of designation.--No premiums may be
deducted from an individual's wages or otherwise collected
under section 3204(e) unless there is enacted into law, in
accordance with section 3211(a), a joint resolution approving
the designation of the CLASS Independence Benefit Plan by the
Secretary under paragraph (3).''; and
(2) by adding at the end the following new section:
``SEC. 3211. PROCEDURAL REQUIREMENTS FOR APPROVAL BY LAW OF DESIGNATION
OF CLASS INDEPENDENCE BENEFIT PLAN.
``(a) In General.--For purposes of paragraph (4) of section
3203(a), the following shall apply:
``(1) Receipt of reports.--It shall not be in order in the
Senate or in the House of Representatives to consider a joint
resolution described in such paragraph unless the Senate or the
House of Representatives, respectively, has received, not fewer
than 60 days prior to such consideration--
``(A) the report of the Secretary described in
section 3203(a)(3); and
``(B) the report of the Chief Actuary of the
Centers for Medicare & Medicaid Services described in
paragraph (2).
``(2) Report of cms chief actuary.--Not later than 60 days
after the Secretary designates the CLASS Independence Benefit
Plan under section 3203(a)(3), the Chief Actuary of the Centers
for Medicare & Medicaid Services shall submit to Congress a
report on the long-term actuarial soundness of the CLASS
Independence Benefit Plan. Such report shall include--
``(A) an estimate of the average premium per
enrollee per year that will be required to ensure that
the CLASS Independence Fund will be actuarially sound
over the 75-year period beginning with the fiscal year
in which such report is submitted; and
``(B) an estimate of the average amount of benefits
that will be paid per enrollee per year over such
period.
``(3) Joint resolution defined.--The term `joint
resolution' means only a joint resolution, the matter after the
resolving clause of which is as follows: `That Congress
approves of the CLASS Independence Benefit Plan designated by
the Secretary of Health and Human Services under section
3203(a)(3) of the Public Health Service Act.'. Such term does
not include a resolution that specifies more than one action.
``(b) Exercise of the Rulemaking Power of Each House.--Subsection
(a) is enacted by Congress--
``(1) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and is deemed
to be 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 under such
subsection, 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 they relate to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.''.
SEC. 3. REQUIRED NOTICE PRIOR TO ENROLLMENT.
Section 3204(a) of the Public Health Service Act, as added by
section 8002(a) of the Patient Protection and Affordable Care Act
(Public Law 111-148), is amended by adding at the end the following new
paragraph:
``(4) Required notice prior to enrollment.--
``(A) In general.--An employer may not enroll an
employee in the CLASS program under paragraph (1)
unless, prior to enrolling the employee, the employer--
``(i) has provided to the employee the
exact statements described in subparagraph (C)
in a single written notice that displays such
statements in the order in which they are set
forth in such subparagraph; and
``(ii) certifies to the Secretary that the
individual has received such notice.
``(B) Enrollment other than by employer.--In the
case of an individual seeking to enroll in the CLASS
program other than through enrollment by the
individual's employer under paragraph (1), the
Secretary shall not permit the individual to enroll
unless, prior to the individual's enrollment, the
Secretary has provided to the individual the exact
statements described in subparagraph (C) in a single
written notice that displays such statements in the
order in which they are set forth in such subparagraph
and the individual has acknowledged in writing the
receipt of such notice.
``(C) Statements described.--The statements
described in this subparagraph are the following:
``(i) The Chief Actuary of the Centers for
Medicare & Medicaid Services made the following
assessment in April 2010 regarding the CLASS
program: `In general, voluntary, unsubsidized,
and non-underwritten insurance programs such as
CLASS face a significant risk of failure as a
result of adverse selection by participants.
Individuals with health problems or who
anticipate a greater risk of functional
limitation would be more likely to participate
than those in better-than-average health. . . .
[T]here is a very serious risk that the problem
of adverse selection will make the CLASS
program unsustainable.'.
``(ii) The Chief Actuary estimated in April
2010 that the CLASS program will likely begin
to run deficits in 2025 and continue to run
deficits thereafter.
``(iii) The Chief Actuary further estimated
in April 2010 that an initial average premium
level of about $240 per month would be required
to adequately fund CLASS program costs.
``(iv) The Federal Government will collect
more than $70 billion in CLASS program premiums
from 2012 through 2019, according to an
estimate of the Congressional Budget Office in
March 2010. Although these premiums are
credited as IOUs or United States Government
securities in a `CLASS Independence Fund,' the
money, itself, is used to pay for other
Government expenses, including other programs
under the health care law enacted in March 2010
that are unrelated to the CLASS program. There
is no separate pool of money set aside to pay
CLASS program benefits, and workers and
retirees could be required to repay these IOUs
in the form of higher taxes.
``(v) Under section 3212 of the Public
Health Service Act, the CLASS program will
terminate immediately if an annual report of
the Board of Trustees of the Class Independence
Fund indicates that the CLASS program will not
be actuarially sound over the 75-year period
beginning with the fiscal year in which the
report is submitted.''.
SEC. 4. NO COLLECTION OF PREMIUMS PENDING PROMULGATION OF FINAL
REGULATIONS.
Section 3208(c) of the Public Health Service Act, as added by
section 8002(a) of the Patient Protection and Affordable Care Act
(Public Law 111-148), is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) No collection of premiums pending promulgation of
final regulations.--No premiums may be deducted from an
individual's wages or otherwise collected under section 3204(e)
before the Secretary has promulgated, in final form--
``(A) the regulations described in section
3202(6)(C);
``(B) the rule described in section 3203(a)(3); and
``(C) the regulations described in paragraph
(1).''.
SEC. 5. TERMINATION OF PROGRAM IF CLASS INDEPENDENCE FUND ACTUARIALLY
UNSOUND.
Title XXXII of the Public Health Service Act, as amended by section
2, is further amended by adding at the end the following new section:
``SEC. 3212. TERMINATION OF PROGRAM IF CLASS INDEPENDENCE FUND
ACTUARIALLY UNSOUND.
``(a) In General.--If the Board of Trustees of the CLASS
Independence Fund submits to Congress the report described in
subsection (b) (relating to the actuarial unsoundness of the CLASS
Independence Fund)--
``(1) no individual shall be enrolled under section 3204(a)
in the CLASS program after the date of the submission of the
report;
``(2) no premiums shall be deducted from an individual's
wages or otherwise collected under section 3204(e) after such
date;
``(3) no benefits shall be provided under section 3205(c)
after such date;
``(4) the Secretary shall refund any amount remaining in
the CLASS Independence Fund (established under section 3206(a))
on such date, according to the process described in subsection
(c), and send notification to the Secretary of the Treasury
when the refund is complete;
``(5) in the case of notification under paragraph (4), the
CLASS Independence Fund and the Board of Trustees of the CLASS
Independence Fund (established under section 3206(c)(1)) shall
be abolished as of the date of such notification;
``(6) the CLASS Independence Advisory Council (established
under section 3207(a)) is abolished as of the date of the
submission of the report;
``(7) the Secretary shall take such other steps as the
Secretary considers necessary to terminate the CLASS program;
``(8) in lieu of the annual report required by section
3208(d), the Secretary shall submit to Congress a quarterly
report on the status of the termination of the CLASS program in
accordance with this section, until such time as the Secretary
indicates in such a report that the program has been completely
terminated; and
``(9) in lieu of the annual report required by section
3209, the Inspector General of the Department of Health and
Human Services shall submit to Congress a quarterly report on
the Secretary's progress in terminating the CLASS program in
accordance with this section, including the existence of any
waste, fraud, or abuse in connection with the termination
activities, until such time as the Inspector General indicates
in such a report that the program has been completely
terminated.
``(b) Report of Unsoundness.--The report described in this
subsection is a report under subparagraph (A)(ii) of section 3206(c)(2)
that contains a statement described in subparagraph (B)(i)(III) of such
section that indicates that the CLASS Independence Fund is projected to
be actuarially unsound over the 75-year period beginning with the
fiscal year in which such report is submitted.
``(c) Refund of Amount in CLASS Independence Fund.--The refund
process described in this subsection is the following:
``(1) In general.--Not later than 180 days after the date
of the submission of the report described in subsection (b),
subject to paragraph (2), the Secretary shall pay to each
individual enrolled in the CLASS program on the date of the
submission of such report an amount from the CLASS Independence
Fund equal to the difference of--
``(A) the total amount such respective individual
paid in premiums as of such date under the CLASS
program; and
``(B) the lesser of--
``(i) the total amount of benefits
described in section 3205(b) received as of
such date by such individual under the program;
or
``(ii) the amount described in subparagraph
(A).
``(2) Insufficient or excess funds.--
``(A) Insufficient funds.--If the amount remaining
in the CLASS Independence Fund on the date of the
submission of the report described in subsection (b) is
insufficient to make the refund described in paragraph
(1), the Secretary shall pay to each individual
enrolled in the CLASS program on such date an amount
that bears the same ratio to the amount remaining in
the CLASS Independence Fund on such date as the amount
determined under such paragraph for such respective
individual bears to the sum obtained by adding each
amount obtained by applying such paragraph to each such
individual.
``(B) Excess funds.--If an amount remains in the
CLASS Independence Fund after the Secretary makes the
refund described in paragraph (1), such amount shall be
transferred to the general fund of the Treasury.
``(d) Funds in Life Independence Accounts Retained by Enrollees.--
Notwithstanding the termination of the CLASS program under subsection
(a), an individual who has funds remaining in a Life Independence
Account established by the Secretary for such individual under
subparagraph (A) of section 3205(c)(1) may continue to use such funds
for the purposes described in subparagraph (B) of such section.''.
SEC. 6. CONFORMING AMENDMENTS.
Title XXXII of the Public Health Service Act, as amended by
sections 2 and 5, is further amended--
(1) in section 3204--
(A) in subsection (a)(1), by striking ``paragraph
(2)'' and inserting ``paragraphs (2) and (4)''; and
(B) in subsection (e)--
(i) in paragraph (1), by striking ``An
amount'' and inserting ``Subject to sections
3203(a)(4), 3208(c)(2), and 3212(a)(2), an
amount''; and
(ii) in paragraph (2), by striking ``The
Secretary'' and inserting ``Subject to sections
3203(a)(4), 3208(c)(2), and 3212(a)(2), the
Secretary'';
(2) in section 3208(d), in the first sentence, by striking
``Beginning January 1'' and inserting ``Subject to section
3212(a)(8), beginning January 1''; and
(3) in section 3209, in the first sentence, by striking
``The Inspector General'' and inserting ``Subject to section
3212(a)(9), the Inspector General''. | Fiscal Responsibility and Retirement Security Act - Amends the Public Health Service Act, as amended by the Patient Protection and Affordable Care Act, to require congressional approval of the designation by the Secretary of Health and Human Services (HHS) of a benefit plan as the CLASS Independence Benefit Plan under the CLASS program (a national, voluntary insurance program for purchasing community living assistance services and supports). Sets forth procedures for such congressional approval by joint resolution.
Prohibits an employer from enrolling an employee in the CLASS program without providing specified notice to the employee, which includes: (1) the significant risk of failure of such a program; (2) information on deficits that the program is expected to run; (3) a statement that there is no separate pool of money set aside to pay the CLASS program benefits; and (4) an explanation of the immediate termination of the program if it is reported to be actuarially unsound.
Prohibits premiums from being collected before the Secretary has promulgated the required regulations in final form.
Terminates such program if the report by the Board of Trustees of the CLASS Independence Fund indicates that the Fund is projected to be actuarially unsound over the 75-year period beginning with the fiscal year in which such report is submitted. Establishes a refund process. | {"src": "billsum_train", "title": "To amend title XXXII of the Public Health Service Act to require review and approval by law prior to collection of premiums under the CLASS program, to require notice to individuals prior to enrollment, and to require termination of the program in the event of actuarial unsoundness, and for other purposes."} | 3,270 | 277 | 0.555128 | 1.550149 | 0.71244 | 3.619433 | 12.044534 | 0.898785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smokeless Tobacco Consumption
Reduction and Education Act of 1993''.
SEC. 2. INCREASE IN TAXES ON SMOKELESS TOBACCO PRODUCTS.
(a) In General.--
(1) Snuff.--Paragraph (1) of section 5701(e) of the
Internal Revenue Code of 1986 (relating to rate of tax on
smokeless tobacco) is amended by striking ``36 cents (30 cents
on snuff removed during 1991 or 1992)'' and inserting
``$4.25''.
(2) Chewing tobacco.--Paragraph (2) of section 5701(e) of
such Code is amended by striking ``12 cents (10 cents on
chewing tobacco removed during 1991 or 1992)'' and inserting
``$1.12''.
(3) Adjustment for subsequent increases in cigarette tax.--
Subsection (e) of section 5701 of such Code is amended by
adding at the end thereof the following new sentences:
``If after the date of the enactment of this sentence there is an
increase in the rate of the tax imposed under subsection (b)(1),
effective on and after the date on which such increase takes effect,
the rate of the tax imposed by paragraph (1) of this subsection shall
be an amount per pound (as determined by the Secretary) which is the
same percentage of the national average wholesale price per pound for
snuff (as so determined) as the tax imposed by subsection (b)(1) is of
the national average wholesale price for cigarettes (as so determined).
A similar adjustment shall be made to the rate of the tax imposed under
paragraph (2) of this subsection.''
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
(c) Floor Stocks.--
(1) Imposition of tax.--On snuff and chewing tobacco
manufactured in or imported into the United States which is
removed before the date of the enactment of this Act, and held
on such date for sale by any person, there shall be imposed the
following taxes:
(A) Snuff.--On snuff, $3.87 per pound and a
proportionate tax at the like rate on all fractional
parts of a pound.
(B) Chewing tobacco.--On chewing tobacco, $1.00 per
pound and a proportionate tax at the like rate on all
fractional parts of a pound.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding snuff and
chewing tobacco on the date of the enactment of this
Act to which any tax imposed by paragraph (1) applies
shall be liable for such tax.
(B) Method of payment.--The tax imposed by
paragraph (1) shall be treated as a tax imposed under
section 5701 of the Internal Revenue Code of 1986 and
shall be due and payable on the day 45 days after the
date of the enactment of this Act, in the same manner
as the tax imposed under such section is payable with
respect to snuff and chewing tobacco, removed on the
date of the enactment of this Act.
(3) Snuff and chewing tobacco.--For purposes of this
subsection, the terms ``snuff'' and ``chewing tobacco'' have
the respective meanings given to such terms by section 5702 of
the Internal Revenue Code of 1986.
(4) Exception for retail stocks.--The taxes imposed by
paragraph (1) shall not apply to snuff and chewing tobacco in
retail stocks held on the date of the enactment of this Act at
the place where intended to be sold at retail.
(5) Foreign trade zones.--Notwithstanding the Act of June
18, 1934 (19 U.S.C. 81a et seq.) or any other provision of
law--
(A) snuff and chewing tobacco--
(i) on which taxes imposed by Federal law
are determined, or customs duties are
liquidated, by a customs officer pursuant to a
request made under the first proviso of section
3(a) of the Act of June 18, 1934 (19 U.S.C.
81c(a)) before the date of the enactment of
this Act, and
(ii) which are entered into the customs
territory of the United States on or after such
date of enactment, from a foreign trade zone,
and
(B) snuff and chewing tobacco which--
(i) are placed under the supervision of a
customs officer pursuant to the provisions of
the second proviso of section 3(a) of the Act
of June 18, 1934 (19 U.S.C. 81c(a)) before such
date of enactment, and
(ii) are entered into the customs territory
of the United States on or after such date of
enactment, from a foreign trade zone,
shall be subject to the tax imposed by paragraph (1) and such
snuff and chewing tobacco shall, for purposes of paragraph (1),
be treated as being held on such date of enactment for sale.
SEC. 3. ESTABLISHMENT OF TRUST FUND.
(a) In General.--Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 (relating to Trust Fund Code) is amended by adding at the
end thereof the following new section:
``SEC. 9512. SMOKELESS TOBACCO EDUCATION AND PREVENTION TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Smokeless Tobacco
Education and Prevention Trust Fund' (hereafter referred to in this
section as the `Trust Fund'), consisting of such amounts as may be
appropriated or credited to the Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--The Secretary shall transfer to the
Trust Fund an amount equivalent to the 10 percent of the net increase
in revenues received in the Treasury by reason of the amendments made
to section 5701 by section 2(a), and the provisions contained in
section 2(c), of the Smokeless Tobacco Consumption Reduction and
Education Act of 1993, as estimated by the Secretary.
``(c) Expenditures From Trust Fund.--Amounts in the Trust Fund
shall be available, as provided in appropriation Acts, for programs of
public education regarding the risks of smokeless tobacco and other
programs to reduce the consumption of smokeless tobacco.''
(b) Clerical Amendment.--The table of sections for such subchapter
A is amended by adding at the end thereof the following new item:
``Sec. 9512. Smokeless Tobacco Education
and Prevention Trust Fund.'' | Smokeless Tobacco Consumption Reduction and Education Act of 1993 - Amends the Internal Revenue Code to increase the excise tax on snuff and chewing tobacco equivalent to that on small cigarettes.
Establishes in the Treasury the Smokeless Tobacco Education and Prevention Trust Fund. Requires ten percent of the net increase in revenues received by reason of this Act to be transferred to such Fund. Makes the Fund available for programs of public education regarding the risks of smokeless tobacco and other programs to reduce the consumption of smokeless tobacco. | {"src": "billsum_train", "title": "Smokeless Tobacco Consumption Reduction and Education Act of 1993"} | 1,572 | 123 | 0.549406 | 1.338897 | 0.524546 | 4.168421 | 13.852632 | 0.884211 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Energy Efficient Manufactured
Housing Act of 2009''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) There are more than 2,000,000,000 manufactured homes
constructed prior to 1976 still occupied as permanent
residences throughout the United States.
(2) Manufactured homes constructed prior to 1976 generally
have very poor energy efficiency, as such homes pre-date any
Federal energy efficiency standards for manufactured homes.
(3) Replacing manufactured homes constructed prior to 1976
with new Energy Star qualified manufactured homes will
dramatically lower energy consumption and costs for residents
of such homes, most of whom are in low-income households.
SEC. 3. ENERGY EFFICIENT MANUFACTURED HOMES.
(a) Definitions.--In this section:
(1) Manufactured home.--The term ``manufactured home'' has
the meaning given such term in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402).
(2) Energy star qualified manufactured home.--The term
``Energy Star qualified manufactured home'' means a
manufactured home that has been designed, produced, and
installed in accordance with Energy Star's guidelines by an
Energy Star certified plant.
(b) Purpose.--The purpose of this section is to assist low-income
households residing in manufactured homes constructed prior to 1976 to
save energy and energy expenditures by providing support toward the
purchase of new Energy Star qualified manufactured homes.
(c) Grants to State Agencies.--
(1) Grants.--The Secretary of Energy may make grants to
State agencies responsible for developing State energy
conservation plans under section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322) (or such other existing State
agency that exercises similar functions as the Governor of a
State may designate), to provide owners of manufactured homes
constructed prior to 1976 rebates to use toward purchases of
new Energy Star qualified manufactured homes.
(2) Allocation of grants.--Grants under paragraph (1) shall
be distributed to State agencies in States on the basis of
their proportionate share of all manufactured homes constructed
prior to 1976 that are occupied as primary residences in the
United States, based on the most recent and accurate data
available.
(3) Rebates.--
(A) Primary residence requirement.--A rebate
described under paragraph (1) may only be made to an
owner of a manufactured home constructed prior to 1976
that is used on a year-round basis as a primary
residence.
(B) Destruction and replacement.--A rebate
described under paragraph (1) may be made only if the
manufactured home constructed prior to 1976 will be--
(i) destroyed (including appropriate
recycling); and
(ii) replaced, in the same general
location, as determined by the applicable State
agency, with an Energy Star qualified
manufactured home.
(C) Single rebate.--A rebate described under
paragraph (1) may not be provided to any owner of a
manufactured home constructed prior to 1976 that was or
is a member of a household for which any member of the
household was provided a rebate pursuant to this
section.
(D) Eligible households.--To be eligible to receive
a rebate described under paragraph (1), an owner of a
manufactured home constructed prior to 1976 shall
demonstrate to the applicable State agency that the
total income of all members the owner's household does
not exceed 200 percent of the Federal poverty level for
income in the applicable area.
(4) Rebate limitation.--Rebates provided by State agencies
under this section shall not exceed $7,500 per manufactured
home from any funds appropriated pursuant to this section.
(5) Use of state funds.--A State agency providing rebates
under this section may supplement the amount of such rebates
under paragraph (4) by any amount such agency approves if such
additional amount is from State funds and other sources,
including private donations or grants from charitable
foundations.
(6) Similar programs.--
(A) State programs.--A State agency conducting a
program that has the purpose of replacing manufactured
homes constructed prior to 1976 with Energy Star
qualified manufactured homes, may use funding provided
under this section to support such a program, provided
such funding does not exceed the rebate limitation
amount under paragraph (4).
(B) Federal programs.--The Secretary of Energy
shall seek to achieve the purpose of this section
through similar Federal programs including--
(i) the Weatherization Assistance Program
under part A of title IV of the Energy
Conservation and Production Act (42 U.S.C. 6861
et seq.); and
(ii) the program under part D of title III
of the Energy Policy and Conservation Act (42
U.S.C. 6321 et seq.).
(7) Administration.--
(A) Controls and procedures.--Each State agency
receiving funding under this section shall establish
fiscal controls and accounting procedures sufficient,
as determined by the Secretary of Energy, to ensure
proper accounting for disbursements made from such
funds and fund balances. Such procedures shall conform
to generally accepted Government accounting principles.
(B) Coordination with other state agencies.--A
State agency receiving funding under this section may
coordinate its efforts, and share funds for
administration, with other State agencies involved in
low-income housing programs.
(C) Administrative expenses.--A State agency
receiving funding under this section may expend not
more than 10 percent of such funds for administrative
expenses.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary of Energy, $1,000,000,000 for each of fiscal
years 2010 through 2012 to carry out this section.
(2) Administrative expenses.--Of the amounts available each
fiscal year to carry out this section, the Secretary of Energy
may expend not more than 5 percent to pay administrative
expenses. | Energy Efficient Manufactured Housing Act of 2009 - Authorizes the Secretary of Energy to make grants to state agencies responsible for developing state energy conservation plans under the Energy Policy and Conservation Act to provide owners of manufactured homes constructed prior to 1976 rebates to use toward purchases of new Energy Star qualified manufactured homes.
Restricts rebates to owners of manufactured homes that are used on a year-round basis as a primary residence and that will be destroyed (including appropriate recycling) and replaced, in the same general location, with an Energy Star qualified manufactured home. Limits rebates to: (1) one owner per household; (2) households with total incomes not exceeding 200% of the federal poverty level in the applicable area; and (3) $7,500 per manufactured home.
Directs the Secretary to seek to achieve the purpose of this Act through similar federal programs, including: (1) the Weatherization Assistance Program; and (2) the Department of Energys (DOEs) State Energy Program. | {"src": "billsum_train", "title": "To provide assistance to owners of manufactured homes constructed prior to 1976 to purchase Energy Star qualified manufactured homes."} | 1,273 | 205 | 0.690062 | 2.010548 | 0.947606 | 4.126316 | 6.215789 | 0.936842 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Workplace Religious Freedom Act of
2010''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In enacting title VII of the Civil Rights Act of 1964
(42 U.S.C. 2000e et seq.) (referred to in this Act as ``title
VII''), Congress--
(A) recognized the widespread incidence of and harm
caused by religious discrimination in employment;
(B) expressly intended to establish that religion
is a class protected from discrimination in employment,
as race, color, sex, and national origin are protected
classes; and
(C) recognized that, absent undue hardship, a
covered employer's failure to reasonably accommodate an
employee's religious practice is discrimination within
the meaning of that title.
(2) Eradicating religious discrimination in employment is
essential to reach the goal of full equal employment
opportunity in the United States.
(3) In Trans World Airlines, Inc. v. Hardison, 432 U.S. 63
(1977), the Supreme Court held that an employer could deny an
employee's request for religious accommodation based on any
burden greater than a de minimus burden on the employer, and
thus narrowed the scope of protection of title VII against
religious discrimination in employment, contrary to the intent
of Congress.
(4) As a consequence of the Hardison decision and resulting
appellate and trial court decisions, discrimination against
employees on the basis of religion in employment continues to
be an unfortunate and unacceptable reality.
(5) Federal, State, and local government, and private
employers have a history and have established a continuing
pattern of discrimination in unreasonably denying religious
accommodations in employment, including in the areas of garb,
grooming, and scheduling.
(6) Although this Act addresses requests for accommodation
with respect to garb, grooming, and scheduling due to
employees' religious practices, enactment of this Act does not
represent a determination that other religious accommodation
requests do not deserve similar attention or future resolution
by Congress.
(7) The Supreme Court has held in Fitzpatrick v. Bitzer,
427 U.S. 445 (1976) that Congress has clearly authorized
Federal courts to award monetary damages in favor of a private
individual against a State government found in violation of
title VII, and this holding is supported by Quern v. Jordan,
440 U.S. 332 (1979).
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to address the history and widespread pattern of
discrimination by private sector employers and Federal, State,
and local government employers in unreasonably denying
religious accommodations in employment, specifically in the
areas of garb, grooming, and scheduling;
(2) to provide a comprehensive Federal prohibition of
employment discrimination on the basis of religion, including
that denial of accommodations, specifically in the areas of
garb, grooming, and scheduling;
(3) to confirm Congress' clear and continuing intention to
abrogate States' 11th amendment immunity from claims made under
title VII; and
(4) to invoke congressional powers to prohibit employment
discrimination, including the powers to enforce the 14th
amendment, and to regulate interstate commerce pursuant to
section 8 of article I of the Constitution, in order to
prohibit discrimination on the basis of religion, including
unreasonable denial of religious accommodations, specifically
in the areas of garb, grooming, and scheduling.
SEC. 4. AMENDMENTS.
(a) Definitions.--Section 701(j) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(j)) is amended--
(1) by inserting ``(1)'' after ``(j)'';
(2) in paragraph (1), as so designated, by striking ``he is
unable'' and inserting ``the employer is unable, after
initiating and engaging in an affirmative and bona fide
effort,''; and
(3) by adding at the end the following:
``(2) For purposes of paragraph (1), with respect to the
practice of wearing religious clothing or a religious
hairstyle, or of taking time off for a religious reason, an
accommodation of such a religious practice--
``(A) shall not be considered to be a reasonable
accommodation unless the accommodation removes the
conflict between employment requirements and the
religious practice of the employee;
``(B) shall be considered to impose an undue
hardship on the conduct of the employer's business only
if the accommodation imposes a significant difficulty
or expense on the conduct of the employer's business
when considered in light of relevant factors set forth
in section 101(10)(B) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12111(10)(B))
(including accompanying regulations); and
``(C) shall not be considered to be a reasonable
accommodation if the accommodation requires segregation
of an employee from customers or the general public.
``(3) In this subsection:
``(A) The term `taking time off for a religious
reason' means taking time off for a holy day or to
participate in a religious observance.
``(B) The term `wearing religious clothing or a
religious hairstyle' means--
``(i) wearing religious apparel the wearing
of which is part of the observance of the
religious faith practiced by the individual;
``(ii) wearing jewelry or another ornament
the wearing of which is part of the observance
of the religious faith practiced by the
individual;
``(iii) carrying an object the carrying of
which is part of the observance of the
religious faith practiced by the individual; or
``(iv) adopting the presence, absence, or
style of a person's hair or beard the adoption
of which is part of the observance of the
religious faith practiced by the individual.''.
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS; SEVERABILITY.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by section 4 take effect on the date of
enactment of this Act.
(b) Application of Amendments.--This Act and the amendments made by
section 4 do not apply with respect to conduct occurring before the
date of enactment of this Act.
(c) No Diminution of Rights.--With respect to religious practices
not described in section 701(j)(2) of the Civil Rights Act of 1964, as
amended by section 4(a)(3), nothing in this Act or an amendment made by
this Act shall be construed to diminish any right that may exist, or
remedy that may be available, on the day before the date of enactment
of this Act, for discrimination in employment because of religion by
reason of failure to provide a reasonable accommodation of a religious
practice, pursuant to title VII of the Civil Rights Act of 1964 (42
U.S.C. 2000e et seq.).
(d) Severability.--
(1) In general.--If any provision of an amendment made by
this Act, or any application of such provision to any person or
circumstance, is held to be unconstitutional, the remainder of
the amendments made by this Act and the application of the
provision to any other person or circumstance shall not be
affected.
(2) Definition of religion.--If, in the course of
determining a claim brought under title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e et seq.), a court holds that the
application of the provision described in paragraph (1) to a
person or circumstance is unconstitutional, the court shall
determine the claim with respect to that person or circumstance
by applying the definition of the term ``religion'' specified
in section 701 of that Act (42 U.S.C. 2000e), as in effect on
the day before the date of enactment of this Act. | Workplace Religious Freedom Act of 2010 - Amends provisions of the Civil Rights Act of 1964 related to equal employment opportunities to include in the term "religion" all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that the employer is unable, after initiating and engaging in an affirmative and bona fide effort to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business. (Current law makes no reference to an employer's affirmative and bona fide effort.)
Provides that an employer's accommodation of an employee's practice of wearing religious clothing or a religious hairstyle, or of taking time off for a religious reason, imposes an undue hardship on the conduct of an employer's business in accommodating such practice only if the accommodation imposes a significant difficulty or expense on the conduct of the employer's business when considered in light of specified factors set forth in the Americans with Disabilities Act of 1990, including: (1) the nature and cost of the accommodation needed; (2) the financial resources and size of the business; and (3) the type of operation of the business.
Requires an employer's accomodation, before it may be considered a reasonable accomodation, to remove the conflict between employment requirements and the employee's religious practice. Prohibits an accomodation from being a reasonable accomodation if it requires an employee to be segregated from customers or the general public. | {"src": "billsum_train", "title": "A bill to amend title VII of the Civil Rights Act of 1964 to establish provisions with respect to religious accommodations in employment, and for other purposes."} | 1,756 | 346 | 0.533651 | 1.703713 | 0.708934 | 3.619217 | 5.701068 | 0.857651 |
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Family Building
Act of 2001''.
(b) Findings.--Congress makes the following findings:
(1) Infertility is a disease affecting more than 6,000,000
American women and men, about 10 percent of the reproductive
age population.
(2) Recent improvements in therapy make pregnancy possible
for more couples than in past years.
(3) The majority of group health plans do not provide
coverage for infertility therapy.
(4) A fundamental part of the human experience is
fulfilling the desire to reproduce.
SEC. 2. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF INFERTILITY.
(a) Group Health Plans.--
(1) Public health service act amendment.--(A) Subpart 2 of
part A of title XXVII of the Public Health Service Act is
amended by adding at the end the following new section:
``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF
INFERTILITY.
``(a) Requirements for Coverage of Treatment of Infertility.--
``(1) In general.--In a case in which a group health plan,
and a health insurance issuer offering group health insurance
coverage provides coverage for obstetrical services, such plan
or issuer shall include (consistent with this section) coverage
for treatment of infertility.
``(2) Infertility defined.--For purposes of this section,
the term `infertility' means a disease or condition that
results in the abnormal function of the reproductive system,
which results in--
``(A) the inability to conceive after 1 year of
unprotected intercourse, or
``(B) the inability to carry a pregnancy to live
birth.
``(b) Required Coverage.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage shall
provide coverage for treatment of infertility deemed
appropriate by a participant or beneficiary and the treating
physician. Such treatment shall include ovulation induction,
artificial insemination, in vitro fertilization (IVF), gamete
intrafallopian transfer (GIFT), zygote intrafallopian transfer
(ZIFT), intracytoplasmic sperm injection (ICSI), and any other
treatment provided it has been deemed as `non-experimental' by
the Secretary of Health and Human Services after consultation
with appropriate professional and patient organizations such as
the American Society for Reproductive Medicine, RESOLVE, and
the American College of Obstetricians and Gynecologists.
``(2) Limitation on coverage of assisted reproductive
technology.--
``(A) In general.--In the case of assisted
reproductive technology, coverage shall be provided
if--
``(i) the participant or beneficiary has
been unable to bring a pregnancy to a live
birth through less costly medically appropriate
infertility treatments for which coverage is
available under the insured's policy, plan, or
contract;
``(ii) the participant or beneficiary has
not undergone 4 complete oocyte retrievals,
except that if a live birth follows a completed
oocyte retrieval, then at least 2 more
completed oocyte retrievals shall be covered,
with a lifetime cap of 6 retrievals;
``(iii) the treatment is performed at a
medical facility that--
``(I) conforms to the standards of
the American Society for Reproductive
Medicine; and
``(II) is in compliance with any
standards set by an appropriate Federal
agency.
``(B) Definition of assisted reproductive
technology.--For purposes of this paragraph, the term
`assisted reproductive technology' includes all
treatments or procedures that involve the handling of
human egg and sperm for the purpose of helping a woman
become pregnant. Types of Assisted Reproductive
Technology include in vitro fertilization, gamete
intrafallopian transfer, zygote intrafallopian
transfer, embryo cryopreservation, egg or embryo
donation, and surrogate birth.
``(3) Review by the secretary of health and human
services.--Not later than 5 years after the date of enactment
of the Family Building Act of 2001, the Secretary of Health and
Human Services, in consultation with the American Society for
Reproductive Medicine, RESOLVE, and the National Infertility
Association shall review the requirements for treatment of
infertility established under paragraphs (1) and (2).
``(c) Limitation.--Deductibles, coinsurance, and other cost-sharing
or other limitations for infertility therapy may not be imposed to the
extent they exceed the deductibles, coinsurance, and limitations that
are applied to similar services under the group health plan or health
insurance coverage.
``(d) Prohibitions.--A group health plan, and a health insurance
issuer offering group health insurance coverage in connection with a
group health plan, may not--
``(1) deny to a participant or beneficiary eligibility, or
continued eligibility, to enroll or to renew coverage under the
terms of the plan, solely for the purpose of avoiding the
requirements of this section;
``(2) provide incentives (monetary or otherwise) to a
participant or beneficiary to encourage such participant or
beneficiary not to be provided infertility treatments to which
they are entitled under this section or to providers to induce
such providers not to provide such treatments to qualified
participants or beneficiaries;
``(3) prohibit a provider from discussing with a
participant or beneficiary infertility treatment techniques or
medical treatment options relating to this section; or
``(4) penalize or otherwise reduce or limit the
reimbursement of a provider because such provider provided
infertility treatments to a qualified participant or beneficiary in
accordance with this section.
``(e) Rule of Construction.--Nothing in this section shall be
construed to require a participant or beneficiary to undergo
infertility therapy.
``(f) Notice.--A group health plan under this part shall comply
with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
of this section as if such section applied to such plan.
``(g) Level and Type of Reimbursements.--Nothing in this section
shall be construed to prevent a group health plan or a health insurance
issuer offering group health insurance coverage from negotiating the
level and type of reimbursement with a provider for care provided in
accordance with this section.
``(h) Preemption.--The provisions of this section do not preempt
State law relating to health insurance coverage to the extent such
State law provides greater benefits with respect to infertility
treatments or prevention.''.
(B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is
amended by striking ``section 2704'' and inserting ``sections
2704 and 2707''.
(2) ERISA amendment.--(A) Subpart B of part 7 of subtitle B
of title I of the Employee Retirement Income Security Act of
1974 is amended by adding at the end the following new section:
``SEC. 714. STANDARDS RELATING TO BENEFITS FOR TREATMENT OF
INFERTILITY.
``(a) In General.--A group health plan and a health insurance
issuer offering group health insurance coverage in connection with such
a plan shall comply with the requirements of section 2707 of the Public
Health Service Act, and such requirements shall be deemed to be
incorporated into this subsection.
``(b) Notice.--A health insurance issuer offering health insurance
coverage in connection with a group health plan shall comply with the
notice requirement under section 713(b) with respect to the
requirements referred to in subsection (a) as if such section applied
to such issuer and such issuer were a group health plan.''.
(B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is
amended by striking ``section 711'' and inserting ``sections
711 and 714''.
(C) The table of contents in section 1 of such Act is
amended by inserting after the item relating to section 713 the
following new item:
``Sec. 714. Standards relating to benefits for treatment of
infertility.''.
(b) Individual Health Insurance.--(1) Part B of title XXVII of the
Public Health Service Act is amended by inserting after section 2752
the following new section:
``SEC. 2753. STANDARD RELATING TO BENEFITS FOR TREATMENT OF
INFERTILITY.
``(a) In General.--The provisions of section 2707 shall apply to
health insurance coverage offered by a health insurance issuer in the
individual market in the same manner as they apply to health insurance
coverage offered by a health insurance issuer in connection with a
group health plan in the small or large group market.
``(b) Notice.--A health insurance issuer under this part shall
comply with the notice requirement under section 713(b) of the Employee
Retirement Income Security Act of 1974 with respect to the requirements
referred to in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.''.
(2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is
amended by striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health plans and group health insurance
coverage.--Subject to paragraph (3), the amendments made by
subsection (a) apply with respect to group health plans for
plan years beginning on or after January 1, 2002.
(2) Individual health insurance coverage.--The amendments
made by subsection (b) apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or operated
in the individual market on or after such date.
(3) Collective bargaining exception.--In the case of a
group health plan maintained pursuant to 1 or more collective
bargaining agreements between employee representatives and 1 or
more employers ratified before the date of enactment of this
Act, the amendments made by subsection (a) shall not apply to
plan years beginning before the later of--
(A) the date on which the last collective
bargaining agreements relating to the plan terminates
(determined without regard to any extension thereof
agreed to after the date of enactment of this Act), or
(B) January 1, 2002.
For purposes of subparagraph (A), any plan amendment made
pursuant to a collective bargaining agreement relating to the
plan which amends the plan solely to conform to any requirement
added by subsection (a) shall not be treated as a termination
of such collective bargaining agreement.
SEC. 3. AMENDMENT TO TITLE 5, UNITED STATES CODE.
(a) In General.--Section 8902 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(p)(1) Each contract under this chapter which provides
obstetrical benefits shall also provide (in a manner consistent with
section 2707 of the Public Health Service Act) coverage for the
diagnosis and treatment of infertility (as defined by such section).
``(2) Subsection (m)(1) shall not, with respect to any contract
under this chapter, prevent the inclusion of any terms which, under
paragraph (1), are required by reason of section 2707(h) of the Public
Health Service Act.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to contracts entered into or renewed for contract years
beginning at least 6 months after the date of enactment of this Act. | Family Building Act of 2001 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Federal Employees Health Benefits Plan to require health plans to provide benefits for treatment of infertility in accord with specified standards. | {"src": "billsum_train", "title": "To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and chapter 89 of title 5, United States Code, to require coverage for the treatment of infertility."} | 2,660 | 58 | 0.524468 | 1.26763 | 0.667965 | 2.938776 | 46.897959 | 0.938776 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Forest Foundation
Conservation Act''.
SEC. 2. AMENDMENTS TO NATIONAL FOREST FOUNDATION ACT.
(a) Provision of Administrative Support.--Subsection (c) of section
405 of the National Forest Foundation Act (16 U.S.C. 583j-3) is amended
to read as follows:
``(c) Administrative Assistance.--(1) Subject to such limitations,
terms, and conditions as the Secretary may establish, the Secretary
may--
``(A) detail personnel of the Department of Agriculture to
assist the Foundation; and
``(B) provide the Foundation with Department of Agriculture
facilities, equipment, supplies, and other administrative
services (including Government-contracted transportation and
travel services).
``(2) Assistance under paragraph (1) may be provided for partial or
no reimbursement, as the Secretary considers appropriate.''.
(b) Matching Funds.--
(1) Extension and expansion of authority; source of
funds.--Section 410 of the National Forest Foundation Act (16
U.S.C. 583j-8) is amended to read as follows:
``SEC. 410. AVAILABILITY OF FUNDS TO MATCH FOUNDATION CONTRIBUTIONS.
``For the purposes of section 405 of this title, during the five-
year period beginning on October 1, 1997, the Secretary may make
available to the Foundation from benefiting Forest Service
appropriations up to $5,000,000 each fiscal year to match, on a one-
for-one basis, private contributions made to the Foundation.''.
(2) Conforming amendments.--Section 405 of the National
Forest Foundation Act (16 U.S.C. 583j-3) is amended--
(A) by striking subsection (a);
(B) in subsection (b)--
(i) by striking ``In addition to the
startup funds provided under subsection (a) of
this section, for'' and inserting ``For'';
(ii) by striking ``October 1, 1992,'' and
inserting ``October 1, 1997,''; and
(iii) by striking ``section 410(b)'' and
inserting ``section 410''; and
(C) by redesignating subsections (b) and (c) as
subsections (a) and (b), respectively.
(3) Effect of amendments.--The amendments made by this
subsection shall not affect the availability or use of funds
made available for fiscal year 1997 under sections 405(b) and
410(b) of the National Forest Foundation Act, as in effect on
the day before the date of the enactment of this Act.
(c) Use of Interest and Other Investment Income.--Section 404 of
the National Forest Foundation Act (16 U.S.C. 583j-2) is amended by
adding at the end the following new subsection:
``(f) Use of Interest and Other Investment Income.--Interest and
other investment income earned (before, on, or after the date of the
enactment of this subsection) by the Foundation and its subgrantees on
Federal funds received from the Secretary under section 405, but not
immediately disbursed, may be used by the Foundation to carry out the
purposes of the Foundation under section 402(b).''.
(d) Exception From Audit Reporting and Compliance Requirements.--
Section 407(a) of the National Forest Foundation Act (16 U.S.C. 583j-
5(a)) is amended by adding at the end the following new sentence: ``A
subgrantee of the Foundation shall be exempt from the audit reporting
and compliance requirements of Office of Management and Budget Circular
A-133 (or any successor administrative regulation or policy) in the
case of grants of $250,000 or less.''.
(e) Licensing Use of Symbols; Violations.--Section 404 of the
National Forest Foundation Act (16 U.S.C. 583j-2) is amended--
(1) in subsection (d)(3), by inserting ``license,'' after
``lease,''; and
(2) by inserting after subsection (f), as added by
subsection (c) of this section, the following new subsections:
``(g) Licensing Use of Symbols.--(1) To further the purposes of the
Foundation under section 402(b), the Foundation shall have exclusive
authority to license or authorize persons to use trademarks,
tradenames, signs, symbols, emblems, insignia, logos, likenesses, or
slogans to represent, promote, or advertise that an individual,
company, or particular good or service is an official sponsor or
supporter of the Forest Service, the National Forest System, or any
unit thereof. Any license or authorization provided by the Foundation
under this paragraph shall be subject to the prior written approval of
the Secretary, who may not delegate this authority.
``(2) All net income derived from licenses and authorizations
provided under paragraph (1) shall be expended by the Foundation in
accordance with policies and priorities of the Forest Service on
programs, projects, or activities that benefit the National Forest
System or the Forest Service, as identified by the Secretary in
consultation with the Foundation.
``(3) Nothing in this subsection shall affect the authority of the
Secretary under Public Law 93-318 (16 U.S.C. 580p et seq.) relating to
the name and character of `Smokey Bear', and the name and character of
`Woodsy Owl'.
``(4) The authority provided to the Foundation by paragraph (1)
shall expire on September 30, 2003.
``(h) Violation of Licensing Requirements.--Except as provided in
subsection (g), no person may use for commercial purposes any
trademark, tradename, sign, symbol, emblem, insignia, slogan, or
related artistic design belonging to the Forest Service. Whoever,
without the authorization of the Foundation under subsection (g), uses
for purposes of trade, to induce the sale of any good or service, to
promote any commercial activity, or for other commercial purpose, the
name of the Foundation or any trademark, tradename, sign, symbol,
emblem, insignia, logo, likeness, or slogan referred to in subsection
(g), or any facsimile or simulation thereof tending to cause confusion,
to cause mistake, to deceive, or to suggest falsely that an individual,
company, or particular good or service is an official sponsor or
official supporter of the National Forest System or the Forest Service,
shall be subject to suit in a civil action by the Foundation for the
remedies provided in title VI of the Act of July 5, 1946 (commonly
referred to as the Trademark Act of 1946; 15 U.S.C. 1114 et seq.).''.
(f) Reporting Requirements.--Section 407 of the National Forest
Foundation Act (16 U.S.C. 583j-5) is amended by adding at the end the
following new subsection:
``(c) Report on Licensing Activities.--Not later than 5 years after
the date of the enactment of this subsection, the Secretary shall
submit to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report assessing the cost, effectiveness, and effects of the licensing
and authorization program established pursuant to section 404(g). The
report shall include a recommendation regarding the desirability of
extending the authority provided in such section beyond the expiration
date specified in paragraph (4) of such section and assessments of the
effect of such program on--
``(1) visitation levels in the National Forest System;
``(2) the image of the National Forest System;
``(3) achievement of the needs and priorities of the Forest
Service;
``(4) appropriations for the National Forest System; and
``(5) the costs of the Foundation and the Secretary to
administer the program.''. | National Forest Foundation Conservation Act - Amends the National Forest Foundation Act to extend matching fund authority for the National Forest Foundation.
Authorizes the Foundation to license the use of symbols, trademarks, or logos. | {"src": "billsum_train", "title": "National Forest Foundation Conservation Act"} | 1,770 | 46 | 0.486258 | 1.157129 | 0.5289 | 2.333333 | 40.25641 | 0.897436 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Family Health Information
Technology Act of 2006''.
SEC. 2. ELECTRONIC HEALTH RECORDS.
(a) In General.--Chapter 89 of title 5, United States Code, is
amended by inserting after section 8902a the following:
``Sec. 8902b. Electronic health records
``(a) This section provides for the establishment, in connection
with the program established under this chapter, of electronic health
records for each covered individual, including--
``(1) requiring the establishment of a carrier electronic
health record under subsection (b);
``(2) requiring the offering by carriers to covered
individuals of a personal electronic health record under
subsection (c); and
``(3) providing carrier-based incentives for establishing
provider-based electronic health records under subsection (d).
``(b)(1) Each contract under this chapter shall require that the
carrier establish, maintain, and make available, in accordance with
standards adopted by the Office of Personnel Management under this
section, a carrier electronic health record for each covered individual
who is enrolled under this chapter in a health benefits plan offered by
the carrier.
``(2)(A) A carrier electronic health record for a covered
individual under this subsection shall consist of a carrier's health
information on the individual's health care claims, health care
services data, or both, such as information describing the individual's
inpatient facility admissions, emergency room visits, and claims for
prescription drugs. Such a record shall include, to the maximum extent
practicable, such information as it relates to claims or services for
another carrier in which the covered individual was previously enrolled
under this title.
``(B) The information under subparagraph (A) shall cover the period
beginning on the later of January 1, 2008, or the date of the covered
individual's enrollment with the carrier under this title. Such period
is not required to be longer than the period specified in standards
adopted by the Office of Personnel Management under this section.
``(C) In the case of a covered individual who changes enrollment
under this title after the effective date specified in paragraph (4)
from one carrier to another carrier, the first carrier shall transfer
information from the carrier electronic health record under this
subsection to the second carrier to the extent specified by the Office
of Personnel Management by not later than 90 days after the date the
first carrier receives notice of the change in enrollment.
``(3) Information from a carrier electronic health record for a
covered individual shall be made available to the individual and shall
be made available (in accordance with the regulations promulgated
pursuant to section 264(c) of the Health Insurance Portability and
Accountability Act of 1996) to a health care provider treating the
individual. A carrier shall make such information available, in
accordance with standards adopted under this section--
``(A) promptly;
``(B) over a secure internet or other electronic-based
connection;
``(C) in a format useful for diagnosis and treatment; and
``(D) in a format that permits its importation into a
personal electronic health record under subsection (c).
``(4) The previous provisions of this subsection shall apply with
respect to contracts for contract years beginning with--
``(A) the 3rd contract year (or 4th contract year, if the
Office of Personnel Management determines that carriers are not
prepared to implement the previous provisions of this
subsection by such 3rd contract year) beginning after the date
of the enactment of this section; or
``(B) such earlier contract year as the Office of Personnel
Management may determine.
``(c)(1) Each contract under this chapter shall require the carrier
in accordance with standards adopted under this section--
``(A) to provide, upon the request of a covered individual,
for the establishment and maintenance of a personal electronic
health record for the individual;
``(B) to establish a method for the individual to access
the individual's personal electronic health record through a
mechanism that is integrated with access to the carrier
electronic health record for the individual under subsection
(b); and
``(C) to establish a method for the individual to transfer
the individual's personal electronic health record to the
individual (or to a carrier or other entity designated by the
individual) upon the request of the individual at any time,
including at the time of disenrollment of the individual.
``(2) A personal electronic health record for a covered individual
shall consist of such personal health information, such as family
health history, symptoms, use of over-the-counter medication, diet,
exercise, and other relevant health information and activities, as the
individual may provide. Such record may also include information from a
provider-based electronic health record referred to in subsection (d)
as well as from a carrier electronic health record.
``(3) Each contract under this chapter shall require the carrier to
enable health information to be imported in standard electronic format
into a personal electronic health record from a provider-based
electronic health record and from a carrier electronic health record
consistent with standards adopted by the Office.
``(4) Nothing in this subsection shall be construed as authorizing
the carrier or another person, other than a covered individual, to
access a personal electronic health record of the individual without
the authorization of the individual.
``(5) The previous provisions of this subsection shall apply with
respect to contracts for contract years beginning with the contract
year beginning after the first contract year with respect to which the
requirements of subsection (b) are in effect under subsection (b)(4).
``(d)(1) Each contract under this chapter shall require the carrier
to provide, in accordance with standards adopted by the Office under
this section, incentives (subject to the availability of amounts from
the Federal Family Health Information Technology Trust Fund, as
established by section 4 of the Federal Family Health Information
Technology Act of 2006) for providers to implement a comprehensive
system of provider-based electronic health records for all patients
covered by the contract.
``(2) The previous provisions of this subsection shall be effective
with respect to contract years beginning with such contract year as the
Office of Personnel Management shall determine.
``(e) Beginning with the contract year beginning after the first
contract year with respect to which the requirements of subsection (b)
are in effect, each carrier shall report to the Office of Personnel
Management its progress and plan for enabling each covered individual,
upon request, to store and access, through a portable, electronic
medium, the individual's personal electronic health record established
under subsection (c), as well as the carrier electronic health record
for the individual (established under subsection (b)) and provider-
based electronic health records relating to the individual referred to
in subsection (d). Such plan shall provide a means for such storage and
access through such a portable medium beginning with the 5th contract
year after the first contract year with respect to which the
requirements of subsection (b) are in effect.
``(f)(1) Standards adopted under this section regarding carrier,
personal, and provider-based electronic health records shall be
consistent with any standards for interoperability of electronic health
records developed by ONCHIT.
``(2) In addition to paragraph (1), the Office of Personnel
Management shall consult with ONCHIT in the implementation of this
section, including the establishment of effective dates under
subsections (b)(4)(B) and (d)(2).
``(3) For purposes of this subsection, the term `ONCHIT' means the
Office of the National Coordinator for Health Information Technology in
the Department of Health and Human Services, and includes any successor
to the functions performed by such Office.
``(g)(1) The Office of Personnel Management may waive any or all of
the requirements of this section for a carrier described in paragraph
(2) insofar as the carrier has established an electronic health record
system that substantially meets the purpose of each such requirement
that is waived.
``(2) A carrier described in this paragraph is a carrier that--
``(A) is an integrated health care system that combines the
functions of a health plan, hospitals, pharmacy, laboratories,
and clinicians; and
``(B) has developed and is implementing, as of the date of
the enactment of this section, a provider-based comprehensive
electronic medical record for each member of the health plan.
``(h) For purposes of this section, the term `covered individual'
has the meaning given such term by section 8902a(a)(1)(B).''.
(b) Conforming Amendments.--(1) Section 8902 of title 5, United
States Code, is amended by adding at the end the following:
``(p) A contract may not be made which is not in conformance with
the requirements of section 8902b, except that the Office of Personnel
Management may phase in or waive conformance with some or all of such
requirements during the first two contract years in which a carrier has
a contract under this title.''.
(2) The table of sections for chapter 89 of such title is amended
by inserting after the item relating to section 8902a the following:
``8902b. Electronic health records.''.
SEC. 3. PROVISION REGARDING RATES.
During the period ending with the contract year following the first
contract year with respect to which the requirements of subsection (b)
of section 8902b of title 5, United States Code, as inserted by section
2(a), are in effect, in determining rates under section 8902(i) of such
title, the Office of Personnel Management shall not take into account
any carrier administrative costs, monetary savings, or return on
investment resulting from implementation of carrier and personal
electronic health records required under subsections (b) and (c) of
such section 8902b, except that the Office shall have access to the
unused portion of contributions set aside in the Employees Health
Benefits Fund under section 8909(b)(1) of such title without fiscal
year limitation for such use as the Office considers necessary to
assist carriers in complying with such subsections.
SEC. 4. FEDERAL FAMILY HEALTH INFORMATION TECHNOLOGY TRUST FUND.
(a) In General.--The Office of Personnel Management shall establish
the Federal Family Health Information Technology Trust Fund (in this
section referred to as the ``Trust Fund'') for the purpose of receiving
donations to be used to award grants to carriers who meet certain
requirements as set forth by the Office.
(b) Acceptance of Donations.--In accordance with the section, the
Office may accept donations made to the Trust Fund. Donations made to
the Trust Fund, and grants awarded from such Fund to carriers, shall
not be considered to be the solicitation or payment of remuneration of
any kind, nor shall receipt of such grants be considered an inducement
to refer, purchase, order, or lease any good, facility, item, or
service.
(c) Deposit of Amounts Received.--Funds received by the Office
under this section shall be transmitted by the Office to the Trust
Fund.
(d) Funds To Be Used for Carrier Grants.--The Office shall award
grants from the Trust Fund to carriers under chapter 89 of title 5,
United States Code, to be distributed under section 8902b(d) of such
title as incentives to their contracting health care providers for
implementing provider-based electronic health records based on
requirements and qualifications set forth by the Office and standards
adopted under section 8902b(f) of such title.
SEC. 5. IMPLEMENTATION.
The Office of Personnel Management shall provide for the
implementation of this Act through appropriate administrative guidance,
which may be by regulation, by carrier letter, or otherwise.
SEC. 6. HIPAA COMPLIANCE.
Nothing in this Act shall be construed as affecting the
application or compliance with regulations promulgated pursuant to
section 264(c) of the Health Insurance Portability and Accountability
Act of 1996 (relating to access to and disclosure of health
information). | Federal Family Health Information Technology Act of 2006 - Sets forth provisions concerning the establishment of a system of electronic health records for covered individuals under the Federal Employees Health Benefits Program (FEHBP). Directs that each contract under FEHBP shall require that the carrier establish, maintain, and make available a carrier electronic health record for each covered individual who is enrolled under FEHBP in a health benefits plan offered by such carrier.
Directs the Office of Personnel Management (OPM) to establish the Federal Family Health Information Technology Trust Fund for the purpose of receiving donations to be used to award grants to carriers who meet certain requirements as set forth by OPM. Instructs OPM to award grants from the Trust Fund to carriers to be distributed as incentives to their contracting health care providers for implementing provider-based electronic health records. | {"src": "billsum_train", "title": "To amend chapter 89 of title 5, United States Code, to provide for the implementation of a system of electronic health records under the Federal Employees Health Benefits Program."} | 2,605 | 178 | 0.56005 | 1.444863 | 0.782787 | 5.30719 | 16.424837 | 0.928105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Afghanistan Security
and Stability Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress supports the following elements outlined in
the President's White Paper of the Interagency Policy Group's
Report on United States Policy Toward Afghanistan and Pakistan:
(A) The United States has a vital national security
interest in addressing the current and potential
security threats posed by extremists in Afghanistan and
Pakistan.
(B) The United States homeland, Pakistan,
Afghanistan, India, Europe, Australia, and United
States allies in the Middle East remain targets of al
Qaeda and other extremist groups.
(C) At the same time, the Taliban and related
organizations seek to reestablish their old sanctuaries
in Afghanistan.
(2) Afghanistan is a central front in the global struggle
against al Qaeda and other affiliated networks. A stable
Afghanistan that is free from al Qaeda, the Taliban, and
extremist influence and ideology will require a patient, long-
term, integrated political, military, and economic strategy
that is adequately resourced to accomplish its objectives.
(3) Allowing Afghanistan to revert to its pre-September 11,
2001, status of control by al Qaeda and the Taliban is not an
option for United States policy.
(4) Security and stability in Afghanistan is further
complicated given the prevalence of ungoverned space between
Afghanistan and Pakistan in which state control has not been
fully exercised given ethnic and tribal affiliations.
(5) The United States will continue to demonstrate its
long-term commitment to the people of Afghanistan by--
(A) sustained civilian assistance and providing
United States commanders with the troops and resources
needed to conduct counterinsurgency operations with the
support of the Government and people of Afghanistan;
and
(B) continuing to engage the Afghan people in ways
that demonstrate United States commitment to promoting
a legitimate and capable Afghan government.
(6) The objectives of United States policy toward
Afghanistan are to empower and enable Afghanistan to--
(A) develop into secure and stable state with a
government that exercises full control and authority
over all the country; and
(B) develop increasingly reliable and capable
Afghan security forces that can actively confront, and
deny safe haven to, al Qaeda, the Taliban, and other
extremists and eventually lead the counterinsurgency
and counterterrorism fight with reduced United States
assistance.
SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR
AFGHANISTAN.
(a) In General.--Not later than 30 days after the date of the
enactment of the Supplemental Appropriations Act of 2009, the President
shall develop and transmit to the appropriate congressional committees
a comprehensive interagency strategy and implementation plan for long-
term security and stability in Afghanistan which shall be composed of
the elements specified in subsection (b).
(b) Elements.--The comprehensive interagency strategy and
implementation plan required by subsection (a) shall contain at least
the following elements:
(1) A description of how United States assistance described
in section 4 will be used to achieve the objectives of United
States policy toward Afghanistan.
(2) Progress toward the following:
(A) Executing and resourcing an integrated
civilian-military counterinsurgency strategy in
Afghanistan.
(B) Disrupting terrorist networks in Afghanistan
and Pakistan to degrade any ability such networks have
to plan and launch international terrorist attacks.
(C) Resourcing and prioritizing civilian assistance
in Afghanistan.
(D) Promoting a more capable, accountable, and
effective government in Afghanistan that serves the
Afghan people.
(E) Expanding the Afghan National Security Forces
and developing self-reliant security forces that can
lead the counterinsurgency and counterterrorism fight
with reduced United States assistance.
(F) Supporting Afghanistan in disrupting and
dismantling narco-traffickers and breaking the
narcotics-insurgency nexus.
(G) Ensuring that nations and various international
organizations that have pledged to provide multilateral
and bilateral assistance to support efforts to rebuild
Afghanistan fulfill their commitment.
(H) Developing and strengthening mechanisms for
Afghanistan-Pakistan cooperation.
(3) A financial plan and description of the resources,
programming, and management of United States foreign assistance
to Afghanistan, including the criteria used to determine their
prioritization.
(4) A complete description of both the evaluation process
for reviewing and adjusting the strategy and implementation as
necessary, and measures of effectiveness for the implementation
of the strategy.
(c) Intelligence Support.--The Director of National Intelligence
shall provide intelligence support to the development of the
comprehensive interagency strategy and implementation plan required by
subsection (a).
(d) Updates of Strategy.--The President shall transmit in writing
to the appropriate congressional committees any updates of the
comprehensive interagency strategy and implementation plan required by
subsection (a), as necessary.
SEC. 4. AUTHORIZATION OF ASSISTANCE FOR AFGHANISTAN.
(a) In General.--There is authorized to be appropriated to the
President, for the purposes of providing assistance to Afghanistan
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
$2,800,000,000 or such sums as may be necessary for each of the fiscal
years 2010 through 2013.
(b) Use of Funds.--Amounts authorized to be appropriated under this
section or otherwise made available to carry out this Act shall be used
to the maximum extent practicable as direct expenditures for programs,
projects, and activities, subject to existing reporting and
notification requirements.
SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS.
(a) Briefing.--Not later than 30 days after the date of the
transmission of the comprehensive interagency strategy and
implementation plan required by section 3, and quarterly thereafter
through December 1, 2013, the President, acting through the Secretary
of State and the Secretary of Defense, shall brief the appropriate
congressional committees on the status of the comprehensive interagency
strategy and implementation plan.
(b) Notification.--The President shall notify the appropriate
congressional committees not later than 30 days before obligating any
assistance described in section 4 as budgetary support to the
Government of Afghanistan or to any persons, agencies,
instrumentalities, or elements of the Government of Afghanistan and
shall describe the purpose and conditions attached to any such
budgetary support assistance. The President shall notify the
appropriate congressional committees not later than 30 days before
obligating any other type of assistance described in section 4.
SEC. 6. DEFINITION.
In this Act, the term ``appropriate congressional committees''
means--
(1) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Affairs, and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Appropriations, the Committee on Armed
Services, the Committee on Foreign Relations, and the Select
Committee on Intelligence of the Senate. | United States-Afghanistan Security and Stability Act - Directs the President to develop and transmit to the appropriate congressional committees, with intelligence support from the Director of National Intelligence, a comprehensive interagency strategy and implementation plan for long-term security and stability in Afghanistan.
Authorizes appropriations for Afghanistan. | {"src": "billsum_train", "title": "To require the President to develop a comprehensive interagency strategy and implementation plan for long-term security and stability in Afghanistan, and for other purpose."} | 1,509 | 72 | 0.522155 | 1.241087 | 0.937866 | 4.381818 | 25.4 | 0.963636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Carbon Leakage Prevention Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) All domestic and foreign industries should contribute
to climate stabilization.
(2) Domestic producers of certain energy-intensive products
subject to international competition present a unique challenge
for United States climate policy because increased costs
associated with compliance may unintentionally cause domestic
industry to divert new investments and production to facilities
located in countries without commensurate greenhouse gas
regulation.
(3) Without exempting any industries, the United States
must move forward with economy-wide action on climate change
while reducing incentives for producers to relocate to
unregulated countries, which could displace both jobs and
emissions.
(4) International agreements are the most appropriate means
to reduce emissions from energy-intensive industries because
unilateral domestic efforts to reduce greenhouse gas emissions
could accelerate the relocation of energy-intensive
manufacturing abroad.
(5) Carbon leakage can be mitigated substantially through
the output-based distribution of emission allowances.
(6) Output-based emission allowance distribution is an
appropriate temporary measure that should complement other
targeted domestic and international policies and agreements
meant to encourage United States trading partners to
substantially reduce global greenhouse gas emissions.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) To compensate certain facilities from a subset of
eligible domestic industrial sectors for carbon emission costs
incurred under any cap-and-trade program.
(2) To limit compensation to facilities in eligible
industrial sectors to an amount of emission allowances that
will prevent carbon leakage while also rewarding innovation and
facility-level investments in performance improvements.
(3) To provide compensation to the owners and operators of
facilities for both the direct and indirect costs of purchasing
emission allowances needed for compliance with a domestic cap-
and-trade program, but not for costs associated with other
related or unrelated market dynamics.
(4) To prevent carbon leakage resulting from direct and
indirect compliance costs incurred under a domestic cap-and-
trade program.
SEC. 4. DEFINITIONS.
In this Act:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) The term ``cap-and-trade program'' means an economy-
wide program enacted by Congress that distributes or auctions
emission allowances for the control of greenhouse gas
emissions.
(3) The term ``carbon dioxide equivalent'' means, for each
greenhouse gas, the quantity of greenhouse gas that the
Administrator determines makes the same contribution to global
warming as 1 metric ton of carbon dioxide.
(4) The term ``carbon leakage'' means any substantial
increase (as determined by the Administrator) in greenhouse gas
emissions by manufacturing facilities located in countries
without commensurate greenhouse gas regulation caused by an
incremental cost of production increase in the United States as
a result of a domestic cap-and-trade program.
(5) The term ``covered facility'' means, for each calendar
year, a facility that emits greenhouse gases in that year and
that has an obligation to submit emission allowances for such
greenhouse gas emissions under any cap-and-trade program.
(6) The term ``emission allowance'' means an authorization,
under any cap-and-trade program, to emit 1 carbon dioxide
equivalent of greenhouse gas.
(7) The term ``facility'' means 1 or more buildings,
structures, or installations of an entity on 1 or more
contiguous or adjacent properties located in the United States.
(8) The term ``greenhouse gas'' means any gas designated as
a greenhouse gas under a cap-and-trade program.
(9) The term ``output'' means the total tonnage or other
standard unit of production (as determined by the
Administrator) produced by a manufacturing facility.
SEC. 5. DISTRIBUTION OF EMISSION ALLOWANCES TO CERTAIN ENERGY-INTENSIVE
MANUFACTURING FACILITIES.
(a) Distribution of Emission Allowances.--
(1) In general.--The Administrator shall annually
distribute emission allowances, in amounts calculated under
subsection (c), to the owners and operators of facilities in
eligible industrial sectors and subsectors identified under
subsection (b), subject to the maximum quantity limitation
established under paragraph (2) of this subsection.
(2) Maximum.--The maximum quantity of emission allowances
distributed under paragraph (1) each year shall equal 15
percent of the total quantity of allowances distributed or
auctioned under a cap-and-trade program for emissions occurring
during the first year for which allowances are required to be
submitted under such program. If the total allowances
calculated under subsection (c) exceed such maximum, the
Administrator shall reduce the amount distributed to owners and
operators under paragraph (1) on a pro rata basis.
(b) Eligible Industrial Sectors and Subsectors.--
(1) In general.--Not later than January 1, 2011, the
Administrator shall promulgate a rule identifying, based on the
criteria under paragraph (2), the industrial sectors and
subsectors eligible to receive emission allowances under this
Act. The Administrator shall consider, among others, the iron,
steel, pulp, paper, cement, rubber, basic chemicals, glass,
industrial ceramics, and aluminum and other non-ferrous metals
industrial sectors and subsectors.
(2) Criteria.--To minimize the potential for carbon
leakage, in identifying eligible sectors and subsectors under
paragraph (1), the Administrator shall take into account each
of the following:
(A) The greenhouse gas intensity of the domestic
production, including direct emissions from the
combustion of fuels and process emissions at the
facility and the indirect emissions by electric power
providers.
(B) The potential for greater foreign sourcing of
production or services and the effect of international
competition on domestic production.
(C) The effect of international markets on product
pricing.
(D) The potential for net imports to increase or
exports to decrease (resulting in a loss of market
share held by domestic manufacturers to manufacturers
located in other countries) caused by the direct and
indirect compliance costs under a domestic cap-and-
trade program.
(E) The state of international negotiations,
agreements, and activities to reduce global greenhouse
gas emissions.
(c) Calculation of Allowances.--
(1) Covered facilities.--Except as provided in subsection
(a)(2), the quantity of emission allowances distributed by the
Administrator under this Act for a calendar year to the owner
or operator of a covered facility shall be equal to the sum of
the facility's direct compliance allowance factor and the
facility's indirect carbon allowance factor. Calculations under
this paragraph shall be based on data from 2 calendar years
prior to the calendar year of distribution. For purposes of
determining such amounts:
(A) Direct compliance allowance factor.--The direct
compliance allowance factor for a facility for a
calendar year is the amount obtained by multiplying the
output of the facility by 85 percent of the average
tonnage of greenhouse gas emissions per unit of output
for all facilities in the sector or subsector, as
determined by the Administrator based on reports
provided under subparagraph (C).
(B) Indirect carbon allowance factor.--The indirect
carbon allowance factor for a facility for a calendar
year is the product obtained by multiplying the total
output of the facility by the fraction set forth in
clause (i) (the emissions intensity factor) and the
fraction set forth in clause (ii) (the electricity
efficiency factor) for the year concerned.
(i) Emissions intensity factor.--
(I) Regulated electricity
markets.--In a regulated electricity
market, the emissions intensity factor
is the average tonnage of greenhouse
gas emissions per kilowatt hour of the
electricity purchased by the facility,
as determined by the facility owner or
operator based on reports provided
under subparagraph (D).
(II) Wholesale competitive
electricity markets.--In a wholesale
competitive electricity market, the
emissions intensity factor is the
average tonnage of greenhouse gas
emissions per kilowatt hour of the
marginal source of supply of
electricity purchased by the facility,
as determined by the facility owner or
operator based on reports provided
under subparagraph (D).
(ii) Electricity efficiency factor.--The
electricity efficiency factor is 85 percent of
the average amount of electricity (in kilowatt
hours) used per ton of production for all
facilities in the sector or subsector
concerned, as determined by the Administrator
based on reports provided under subparagraph
(C).
(C) Report to administrator.--Each owner or
operator of a facility in any sector or subsector
identified under subsection (b) and each department,
agency, or instrumentality of the United States shall
provide the Administrator with such information as the
Administrator finds necessary to determine the direct
compliance allowance factor and the indirect carbon
allowance factor for each facility subject to this Act.
(D) Greenhouse gases from electricity.--Each person
selling electricity to the owner or operator of a
facility in any sector or subsector identified under
subsection (b) shall provide the owner or operator of
the facility and the Administrator, on a quarterly
basis, such information as is required to determine the
emissions intensity factor under subparagraph (B)(i).
(E) Emissions intensity factor reduction.--The
numerator of the emissions intensity factor under
subparagraph (B)(i) shall be reduced by the tonnage of
allowances the Administrator determines are distributed
at no cost under any cap-and-trade program to the
person making the sale of electricity and are used by
such person to prevent electricity rate increases to
the owner or operator of the facility.
(F) Iron and steel sector or subsectors.--For the
purposes of determining the quantity of emission
allowances to be distributed under this section to the
owner or operator of any iron and steel manufacturing
facility in a sector or subsector identified under
subsection (b), the Administrator shall differentiate
between facilities using integrated iron and
steelmaking technologies (including coke ovens, blast
furnaces, and other iron-making technologies) and
facilities using electric arc furnace technologies when
calculating sector or subsector averages under
subparagraphs (A) and (B)(ii).
(2) Other eligible entities.--The quantity of emission
allowances distributed by the Administrator for a calendar year
to an owner or operator of a facility in an eligible industrial
sector or subsector that is not a covered facility shall be
equal to the indirect carbon allowance factor for the facility,
as determined under paragraph (1)(B). Calculations under this
paragraph shall be based on data from 2 calendar years prior to
the calendar year of distribution.
(3) New facilities.--
(A) First and second year of operation.--In the
first and second year of operation of a facility in any
sector or subsector identified under subsection (b),
the owner or operator of such facility shall receive a
quantity of emission allowances under this Act equal to
emission allowances distributed under this Act to the
owner or operator of a comparable facility in the same
sector or subsector that produces equivalent output
using a substantially similar production process, as
determined by the Administrator.
(B) Subsequent years of operation.--In the third
year of operation of a facility in any sector or
subsector identified under subsection (b), the
Administrator shall adjust the quantity of emission
allowances to be distributed to the owner or operator
of such facility in such year to reconcile the total
quantity of allowances received during the first and
second years of operation to the quantity the facility
would have received during the first and second years
of operation had the appropriate data been available
for such years.
SEC. 6. REPORTS TO CONGRESS.
Not later than one year after the first year in which allowances
are distributed pursuant to this Act, and at least every two years
thereafter, the Administrator, in consultation with the Secretary of
Commerce, the Secretary of Energy, the Secretary of State, and the
United States Trade Representative, shall submit to Congress a report
on the carbon leakage of domestic energy-intensive industrial
manufacturers and the effectiveness of the distribution of emission
allowances under section 5 in achieving the purposes of this Act. Such
reports shall include recommendations on how to better achieve the
purposes of this Act.
SEC. 7. MODIFICATION OR ELIMINATION OF DISTRIBUTION OF ALLOWANCES TO
ENERGY-INTENSIVE MANUFACTURING FACILITIES.
(a) Presidential Determination and Modification.--If the President
finds that international governmental activities to reduce global
greenhouse gas emissions have substantially mitigated--
(1) the disadvantage to domestic manufacturers of energy-
intensive products subject to competition from facilities in
countries without commensurate greenhouse gas regulation; and
(2) the carbon leakage and related diversion of production
of such products to facilities located in countries without
commensurate greenhouse gas regulation;
then the Administrator shall, pursuant to a rule, reduce the amount of
emission allowances distributed under this Act in an amount reasonably
calculated to achieve the purposes of this Act.
(b) Termination.--If the President determines that the competitive
disadvantage to domestic manufacturers described in subsection (a) has
been rendered insignificant, the Administrator shall terminate the
distribution of emission allowances under this Act. | Carbon Leakage Prevention Act - Directs the Administrator of the Environmental Protection Agency (EPA) to annually distribute emission allowances to the owners and operators of facilities in eligible industrial sectors that are subject to a national cap and trade program. Requires the Administrator to identify the industrial sectors eligible to receive emission allowances under this Act based on specified criteria that includes: (1) the greenhouse gas intensity of the domestic production; and (2) the potentional for greater foreign sourcing of production or services and the effect of international competition on domestic production.
Sets forth calculations for determining the quantity of emission allowances to be distributed by the Administrator under this Act for a calendar year to an owner or operator based on a direct compliance allowance factor and an indirect carbon allowance factor accounting for emissions intensity and electricity efficiency. Requires the Administrator to differentiate between iron and steel manufacturing facilities using integrated iron and steelmaking technologies and facilities using electric arc furnace technologies.
Requires the Administrator to report to Congress biennially on the carbon leakage of domestic energy-intensive industrial manufacturers and the effectiveness of the emission allowances distributed under this Act.
Directs the Administrator to reduce or terminate the distribution of emission allowances under this Act if the President determines that international governmental activities to reduce global greenhouse gas emissions have substantially mitigated or rendered insignificant: (1) the competitive disadvantage to U.S. manufacturers; and (2) the carbon leakage and related diversion of production to foreign facilities. | {"src": "billsum_train", "title": "To distribute emission allowances under a domestic climate policy to facilities in certain domestic energy-intensive industrial sectors to prevent an increase in greenhouse gas emissions by manufacturing facilities located in countries without commensurate greenhouse gas regulation, and for other purposes."} | 2,827 | 306 | 0.646849 | 2.000706 | 0.81673 | 4.3125 | 9.911765 | 0.944853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Patent Improvement Act of 2001''.
SEC. 2. OPPOSITION PROCEDURES.
(a) In General.--Title 35, United States Code, is amended by
inserting after chapter 31 the following new chapter:
``CHAPTER 32--OPPOSITION PROCEDURES
``Sec.
``321. Opposition procedures.
``322. Effect on other proceedings.
``Sec. 321. Opposition procedures
``(a) Administrative Opposition Panel.--
``(1) Establishment.--The Director shall, not later than 1
year after the date of enactment of the Patent Improvement Act
of 2001, establish an Administrative Opposition Panel. The
Administrative Opposition Panel shall be comprised of not less
than 18 administrative opposition judges, each of whom shall be
an individual of competent legal knowledge and scientific
ability. Upon establishment of the Administrative Opposition
Panel, the Director shall publish notice of the establishment
of the Panel in the Federal Register.
``(2) Assignment of patent examiners to panel.--Patent
examiners may be assigned on detail to assist the
Administrative Opposition Panel in carrying out opposition
proceedings under this section, except that a patent examiner
may not be assigned to assist in review of a patent application
examined by that patent examiner. The Director shall establish
procedures by which an opposition is heard under subsection
(b).
``(b) Opposition Procedures.--
``(1) Request for opposition.--(A) Any person may file a
request for an opposition to a patent on the basis of section
101, 102, 103, or 112 of this title. Such a request is valid
only if the request--
``(i) is made not later than 9 months after the
date of issuance of the patent;
``(ii) is in writing;
``(iii) is accompanied by payment of the opposition
fee set forth in section 41(a) of this title; and
``(iv) sets forth in detail the basis on which the
opposition is requested.
``(B) Not later than 60 days after receiving a valid
request under subparagraph (A), the Director shall issue an
order for an opposition proceeding to be held on the record
after opportunity for a hearing, and shall promptly send a copy
of the request to the owner of record of the patent. The patent
owner shall be provided a reasonable period, but in no case
less than 60 days after the date on which a copy of the request
is given or mailed to the patent owner, within which the owner
may file a statement in reply to the grounds for the request
for opposition, including any amendment to the patent and new
claim or claims, for consideration in the opposition
proceeding. If the patent owner files such a statement, the
patent owner shall promptly serve a copy of the statement on
the third-party requester. Not later than 2 months after the
date of such service, the third-party requester may file and
have considered in the opposition proceeding a reply to the
statement filed by the patent owner.
``(2) Conduct of opposition proceedings.--Each opposition
shall be heard by one administrative opposition judge, and no
party shall be permitted ex parte communication with the
administrative opposition judge. In addition to the statements
and replies set forth in paragraph (1), the administrative
opposition judge may consider evidence that the judge considers
relevant, including evidence that is presented in any oral
testimony (including exhibits and expert testimony) in direct
or cross examination, or in any deposition, affidavit, or other
documentary form, whether voluntary or compelled. In any
opposition proceeding, the Federal Rules of Evidence shall
apply.
``(3) Amendments to patent claims.--A patent applicant may
propose to amend a patent claim or propose a new claim at any
time during the opposition proceeding, except that no proposed
amended or new claim enlarging the scope of a claim of the patent may
be permitted at any time during an opposition proceeding under this
section.
``(4) Determination.--Not later than 18 months after the
filing of a request for an opposition under this section, the
administrative opposition judge in the opposition proceeding
shall determine the patentability of the subject matter of the
patent, a record of the administrative opposition judge's
determination under this section shall be placed in the
official file of the patent, and a copy shall promptly be given
or mailed to the owner of record of the patent and to the
third-party requester.
``(5) Appeals.--Any party to the opposition may appeal a
decision of the Administrative Opposition Panel under the
provisions of section 134 of this title, and may seek court
review under the provisions of sections 141 through 145 of this
title, with respect to any decision in regard to the
patentability of any original or proposed amended or new claim
of the patent. A patent owner may be a party to an appeal taken
by a third-party requester. Any third-party requester may be a
party to an appeal taken by a patent owner.
``(6) Certification of patentability.--In an opposition
proceeding under this chapter, when the time for appeal has
expired or any appeal proceeding has terminated, the Director
shall issue and publish a certificate canceling any claim of
the patent finally determined to be unpatentable, confirming
any claim of the patent determined to be patentable, and
incorporating in the patent any proposed amended or new claim
determined to be patentable.
``(7) Effect of determination.--Any proposed, amended, or
new claim determined to be patentable and incorporated into a
patent following an opposition proceeding shall have the same
effect as that specified in section 252 of this title for
reissued patents on the right of any person who made,
purchased, or used within the United States, or imported into
the United States, anything patented by such proposed amended
or new claim, or who made substantial preparations therefor,
prior to issuance of a certificate under paragraph (6) of this
subsection.
``Sec. 322. Effect on other proceedings
``(a) Right to Litigation.--Subject to subsections (b) and (c),
proceedings under section 321 shall not alter or prejudice any party's
right to pursue remedies under provisions of law other than this
section. In the case of court proceedings, other than an appeal of a
decision in an opposition proceeding under section 321, the court may
consider any matter independently of any opposition proceeding under
this section.
``(b) Effect of Final Decision.--
``(1) In future opposition proceedings.--If a final
decision has been entered against a party in a civil action
arising in whole or in part under section 1338 of title 28,
establishing that the party has not sustained its burden of
proving the invalidity of any patent claim, or if a final
decision in an inter partes reexamination proceeding instituted
by a third-party requester is favorable to the patentability of
any original or proposed amended or new claim of the patent--
``(A) neither that party to the civil action, the
third-party requester, nor the privies of that party or
third-party requester may thereafter request an
opposition to such patent claim on the basis of issues
which that party, third-party requester, or the privies
of that party or third-party requester raised in such
civil action or inter partes reexamination proceeding
(as the case may be); and
``(B) an opposition requested by that party, third-
party requester, or the privies of that party or third-
party requester on the basis of such issues may not
thereafter be maintained by the Office.
``(2) Effect of final decision in opposition.--If a final
decision in an opposition proceeding instituted by a third-
party requester is favorable to the patentability of any
original or proposed amended or new claim of the patent--
``(A) neither the third-party requester, nor the
privies of that third-party requester, may thereafter
bring a civil action under section 1338 of title 28, or
request an inter partes reexamination of, or an
opposition to, such patent claim on the basis of issues
which that third-party requester, or the privies of
that third-party requester, raised in such opposition
proceeding; and
``(B) an inter partes reexamination or opposition
requested by that third-party requester, or the privies
of that third-party requester, on the basis of such
issues may not thereafter be maintained by the Office.
``(3) New evidence.--Paragraphs (1) and (2) do not prevent
the assertion by a party to a civil action or a third-party
requester of invalidity based on newly discovered prior art, or
other evidence, unavailable to that party or third-party
requester, as the case may be, and the Patent and Trademark
Office, at the time of the civil action, inter partes
reexamination, or opposition proceeding (as the case may be).
``(c) Stay of Litigation.--Once an order for an opposition
proceeding with respect to a patent has been issued under section
321(b)(1)(B), any party to the proceeding may obtain a stay of any
pending court proceeding (other than an appeal to the Court of Appeals
for the Federal Circuit) which involves an issue of patentability of
any claims of the patent which are the subject of the opposition
proceeding, unless the court before which such litigation is pending
determines that a stay would not serve the interests of justice.''.
(b) Fees.--Section 41(a) of title 35, United States Code, is
amended--
(1) by redesignating paragraphs (7) through (15) as
paragraphs (9) through (17), respectively; and
(2) by inserting after paragraph (6) the following:
``(7)(A) On filing an opposition under chapter 32 to a
patent based on prior art citations or obviousness, a fee of
$200.
``(B) On filing an opposition under chapter 32 to a patent
on any other basis, a fee of $5,000.
``(C) The Director may waive the payment by an individual
of fees under this paragraph if such waiver is in the public
interest.
``(8) On filing a request for a proceeding to determine
whether an invention claimed in an application was known or
used, or has been in public use or on sale, under section 102,
a fee of $35.''.
(b) Clerical Amendment.--The table of chapters for part III of
title 35, United States Code, is amended by adding at the end the
following:
``32. Opposition Procedures................................. 321.''.
SEC. 3. NONOBVIOUSNESS.
Section 103 of title 35, United States Code, is amended by adding
at the end the following:
``(d)(1) An invention shall be presumed obvious under this section
if the only significant difference between the combined teachings of
the prior art and the claimed invention is that the claimed invention
is appropriate for use with a computer technology, unless--
``(A) the application of the computer technology is novel;
or
``(B) the computer technology is novel and not the subject
of another patent or patent application.
``(2)(A) An applicant or patentee may rebut the presumption under
paragraph (1) upon a showing by a preponderance of the evidence that
the invention is not obvious to persons of ordinary skill in all
relevant arts.
``(B) Those areas of art which are relevant for purposes of
subparagraph (A) include the field of the computer implementation.''.
SEC. 4. REQUIREMENT TO DISCLOSE SEARCH.
The Director of the Patent and Trademark Office shall, within 30
days after the date of enactment of this Act, publish notice of
rulemaking proceedings to amend the rules of the Patent and Trademark
Office to require an applicant for a patent to disclose in the
application the extent to which the applicant searched for prior art to
meet the requirements of title 35, United States Code. Such amendment
shall include appropriate penalties for failure to comply with such
requirement. The Director shall ensure that the amendment is
implemented as promptly as possible.
SEC. 5. CONFORMING AMENDMENTS.
(a) Definitions.--Section 100(e) of title 35, United States Code,
is amended by striking ``or inter partes reexamination under section
311'' and inserting ``, inter partes reexamination under section 311,
or an opposition under section 321,''.
(b) Board of Patent Appeals and Interferences.--Section 134 of
title 35, United States Code, is amended--
(1) in subsection (b)--
(A) by inserting ``or opposition'' after
``reexamination''; and
(B) by inserting ``or the Administrative Opposition
Panel (as the case may be)'' after ``administrative
patent judge''; and
(2) in subsection (c)--
(A) by striking ``proceeding'' and inserting
``reexamination proceeding or an opposition
proceeding'';
(B) by inserting ``or the Administrative Opposition
Panel (as the case may be)'' after ``administrative
patent judge''; and
(C) in the last sentence, by inserting ``in an
inter partes reexamination proceeding'' after
``requester''.
(c) Appeal to Court of Appeals.--(1) Section 141 of title 35,
United States Code, is amended in the second sentence by inserting
after ``reexamination proceeding'' the following: ``, and any party in
an opposition proceeding, who is''.
(2) Section 143 of title 35, United States Code, is amended by
inserting after the third sentence the following: ``In any opposition
proceeding, the Administrative Opposition Panel shall submit to the
court in writing the grounds for the decision of the Panel, addressing
all the issues involved in the appeal.''.
SEC. 6. EFFECTIVE DATE.
(a) In General.--Subject to subsections (b), (c), and (d), this Act
and the amendments made by this Act apply to--
(1) any application for patent that is pending on, or that
is filed on or after, the date of enactment of this Act; and
(2) any patent issued on or after the date of enactment of
this Act.
(b) Patents Issued Before Establishment of Administrative
Opposition Panel.--In the case of a patent issued after the enactment
of this Act but before the date on which notice of the establishment of
the Administrative Opposition Panel is published under section
321(a)(1) of title 35, United States Code (as added by this Act), a
request for an opposition to the patent may be filed under section
321(b)(1)(A) of title 35, United States Code (as added by this Act),
notwithstanding the 9-month requirement set forth in clause (i) of that
section, if the request is filed not later than 9 months after the date
on which such notice is so published. | Patent Improvement Act of 2001 - Amends Federal law to require the Director of the Patent and Trademark Office to establish an Administrative Opposition Panel to conduct proceedings, under specified conditions, to hear opposition to patent claims and cancel, confirm, or modify them. | {"src": "billsum_train", "title": "To amend title 35, United States Code, to provide for improvements in the quality of patents on certain inventions."} | 3,350 | 54 | 0.566758 | 1.344049 | 0.744291 | 3.020833 | 64.895833 | 0.854167 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Physician Equity Act of
2002''.
SEC. 2. ADDITIONAL SPECIAL PAY RECEIVED BY MEDICAL, DENTAL, AND
VETERINARY OFFICERS OF THE UNIFORMED SERVICES TREATED AS
PART OF BASIC PAY FOR RETIREMENT PURPOSES.
(a) Members Who Became Members Before September 8, 1980.--Section
1406 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(j) Special Rule for Medical, Dental, or Veterinary Officer
Receiving Additional Special Pay.--(1) For purposes of determining the
retired pay base or retainer pay base of a member of the uniformed
services, the monthly basic pay of the member includes the monthly
equivalent of any additional special pay received by the member under
section 302, 302b, or 303 of title 37 (or, in the case of a
commissioned officer in the Public Health Service, received under such
section pursuant to section 303a(b) of title 37) during the year
immediately preceding the date of the member's retirement.
``(2) Except as otherwise provided in this subsection, additional
special pay referred to in paragraph (1) may not be treated as basic
pay for purposes of any computation under this section unless, before
the date of the member's retirement, the member has completed at least
15 years of service as a medical, dental, or veterinary officer of the
uniformed services (whether performed before, on, or after the date of
the enactment of this subsection).
``(3) If the condition under paragraph (2) is met, then, the
monthly equivalent of amounts received by the member in the form of
additional special pay referred to in paragraph (1) shall (for the
purposes referred to in paragraph (2)) be treated as basic pay, but
only to the extent that such amounts are attributable to service
performed on or after the date of the enactment of this subsection, and
only to the extent of the percentage allowable, which shall be
determined as follows:
``If the total amount of service
performed, on or after the date of Then, the percentage
the enactment of this subsection, allowable is:
as a medical, dental, or veterinary officer is:
Less than 2 years............................. 0
At least 2 but less than 4 years.............. 25
At least 4 but less than 6 years.............. 50
At least 6 but less than 8 years.............. 75
At least 8 years.............................. 100.
``(4) Notwithstanding any other provision of this subsection, 100
percent of the monthly equivalent of all amounts received as additional
special pay referred to in paragraph (1) shall, to the extent
attributable to service performed on or after the date of the enactment
of this subsection, be treated as basic pay (without regard to any of
the preceding provisions of this subsection) for purposes of
computing--
(A) disability retired pay; and
(B) a survivor annuity under chapter 73 of this title, if
based on the service of a member who dies before retirement.''.
(b) Members Who Became Members After September 7, 1980.--Section
1407 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(g) Special Rule for Medical, Dental, or Veterinary Officer
Receiving Additional Special Pay.--(1) For purposes of the computations
required under subsections (c) and (d) to determine the high-three
average of a member of the uniformed services, the monthly equivalent
of any additional special pay received by the member under section 302,
302b, or 303 of title 37 (or, in the case of a commissioned officer in
the Public Health Service, received under such section pursuant to
section 303a(b) of title 37) during the periods referred to in such
subsections shall be treated as a part of the basic pay of the member.
``(2) Except as otherwise provided in this subsection, additional
special pay referred to in paragraph (1) may not be treated as basic
pay for purposes of any computation under this section unless, before
the date of the member's retirement, the member has completed at least
15 years of service as a medical, dental, or veterinary officer of the
uniformed services (whether performed before, on, or after the date of
the enactment of this subsection).
``(3) If the condition under paragraph (2) is met, then, the
monthly equivalent of amounts received by the member in the form of
additional special pay referred to in paragraph (1) shall (for the
purposes referred to in paragraph (2)) be treated as basic pay, but
only to the extent that such amounts are attributable to service
performed on or after the date of the enactment of this subsection, and
only to the extent of the percentage allowable, which shall be
determined as follows:
``If the total amount of service
performed, on or after the date of Then, the percentage
the enactment of this subsection, allowable is:
as a medical, dental, or veterinary officer is:
Less than 2 years............................. 0
At least 2 but less than 4 years.............. 25
At least 4 but less than 6 years.............. 50
At least 6 but less than 8 years.............. 75
At least 8 years.............................. 100.
``(4) Notwithstanding any other provision of this subsection, 100
percent of the monthly equivalent of all amounts received as additional
special pay referred to in paragraph (1) shall, to the extent
attributable to service performed on or after the date of the enactment
of this subsection, be treated as basic pay (without regard to any of
the preceding provisions of this subsection) for purposes of
computing--
(A) disability retired pay; and
(B) a survivor annuity under chapter 73 of this title, if
based on the service of a member who dies before retirement.''. | Military Physician Equity Act of 2002 - Provides that the military personnel retired or retainer pay base shall include specified percentages of any additional or special pay received as a medical, dental, and veterinary officer for an officer who has completed at least 15 years of military service before retirement. Makes the percentage of additional pay so realized 0 percent if the officer performed less than two years as a medical, dental, or veterinary officer before receiving such pay, with a gradual increase to 100 percent for officers who performed at least eight years in such a specialty before receiving such pay. Provides a special rule for officers receiving such additional pay after first becoming members after September 7, 1980.States that any such additional pay so recognized shall be retirement-creditable for purposes of the determination of disability retired pay as well as survivor annuities. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to require that additional special pay received by medical, dental, or veterinary officers of the uniformed services be treated as part of basic pay for retirement purposes."} | 1,315 | 179 | 0.593352 | 1.719818 | 0.945219 | 2.322581 | 8.032258 | 0.83871 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``King Holiday and Service Act of
1994''.
SEC. 2. MARTIN LUTHER KING, JR. FEDERAL HOLIDAY COMMISSION.
The Act entitled ``An Act to establish a commission to assist in
the first observance of the Federal legal holiday honoring Martin
Luther King, Jr.'', approved August 27, 1984 (36 U.S.C. 169j and
following) is amended--
(1) in section 3(1) by inserting ``(including service
opportunities)'' after ``activities'';
(2) in section 4(a) by striking ``and'' at the end of paragraph
(5), by striking the period at the end of paragraph (6) and
inserting ``; and'', and by adding at the end the following:
``(7) the Chief Executive Officer of the Corporation for
National and Community Service, appointed under section 193 of the
National and Community Service Act of 1990 (42 U.S.C. 12651c).'';
(3) in section 6--
(A) in subsection (a) by striking ``maximum rate of pay
payable for grade GS-18 of the General Schedule under section
5332'' and inserting ``rate of pay for level IV of the
Executive Schedule under section 5315'';
(B) in subsection (b)(1) by adding the following at the
end: ``A person who has been detailed under the preceding
sentence for as many as 365 days (continuously or
intermittently) may not subsequently be detailed to the
Commission.''; and
(C) all Federal employees on loan to the King Commission on
the day of enactment of this Act may remain detailed to the
Martin Luther King Holiday Commission for not more than 365
days;
(4) by amending section 7 to read as follows:
``Sec. 7. There are authorized to be appropriated to carry out this
Act--
``(1) $300,000 for fiscal year 1995;
``(2) $350,000 for fiscal year 1996;
``(3) $400,000 for fiscal year 1997;
``(4) $450,000 for fiscal year 1998; and
``(5) $500,000 for fiscal year 1999.'';
(5) by amending section 8 to read as follows:
``SEC. 8. COMMISSION REPORT.
``(a) In General.--Not later than April 20 of each year, the
Commission shall submit a report to the President and the Congress
concerning its activities under this Act or under the National and
Community Service Act of 1990.
``(b) Analysis Required.--The Commission shall include in its
annual report--
``(1) a detailed description of all activities undertaken by
the Commission;
``(2) an analysis of the spending practices of the Commission
indicating how much of the funds of the Commission are dedicated to
salaries, travel expenses, and other overhead costs and how much
are dedicated to the stated goals of the Commission; and
``(3) a detailed description of any grants made by the
Corporation for National and Community Service with the
consultation of the Commission.'';
(6) in section 9 by striking ``April 20, 1994'' and inserting
``September 30, 1999'';
(7) by adding at the end the following new section:
``Sec. 10. None of the funds appropriated or donated to the
Commission may be used for the purpose of purchasing first class air
travel or first class hotel accommodations.''; and
(8) by adding at the end the following:
``SEC. 11. ACCOUNTING PROCEDURES.
``The Commission shall follow a comprehensive basis of accounting,
as defined by the Comptroller General in B-255473. The Commission shall
establish an accounting system for review by the Comptroller General
under section 3512 of title 31, United States Code. The Comptroller
General is authorized to review and audit the Commission, its programs,
activities, operations, and financial transactions. The Comptroller
General, and his agents, shall have access to all records, files,
documents, and papers of the Commission, as necessary, to accomplish
such audits.''.
SEC. 3. MARTIN LUTHER KING, JR., SERVICE DAY.
(a) Additional Corporation Activity to Support National Service.--
Section 198 of the National and Community Service Act of 1990 (42
U.S.C. 12653) is amended by adding at the end the following new
subsection:
``(s) Martin Luther King, Jr., Service Day.--
``(1) Assistance.--The Corporation may make grants to eligible
entities described in paragraph (2) to pay for the Federal share of
the cost of planning and carrying out service opportunities in
conjunction with the Federal legal holiday honoring the birthday of
Martin Luther King, Jr. Such service opportunities shall consist of
activities reflecting the life and teachings of Martin Luther King,
Jr., such as cooperation and understanding among racial and ethnic
groups, nonviolent conflict resolution, equal economic and
educational opportunities, and social justice.
``(2) Eligible entities.--Any entity otherwise eligible for
assistance under the national services laws shall be eligible to
receive a grant under this subsection.
``(3) Consultation.--In making grants under this subsection,
the Corporation shall consult with the Martin Luther King, Jr.
Federal Holiday Commission established under section 2 of Public
Law 98-399 (36 U.S.C. 169j-1).
``(4) Federal share.--Grants provided under this subsection to
an eligible entity to support the planning and carrying out of a
service opportunity in conjunction with the Federal legal holiday
honoring the birthday of Martin Luther King, Jr., together with all
other Federal funds used to plan or carry out the service
opportunity, may not exceed 30 percent of the cost of planning and
carrying out the service opportunity.
``(5) Calculation of entity contributions.--In determining the
non-Federal share of the costs of planning and carrying out a
service opportunity supported by a grant under this subsection, the
Corporation shall consider in-kind contributions (including
facilities, equipment, and services) made to plan or carry out the
service opportunity.''.
(b) Technical and Conforming Amendments.--
(1) Reference to repealed section.--Section 101(a)(3) of the
National and Community Service Trust Act of 1993 (Public Law 103-
82; 107 Stat. 788) is amended by striking ``through 136'' and
inserting ``through 135''.
(2) Incorrect reference to act.--Section 203(a)(3) of the
National and Community Service Trust Act of 1993 (Public Law 103-
82; 107 Stat. 891) is amended by striking ``Act of 1993'' and
inserting ``Act of 1990''.
(3) Description of national service participants.--Section
137(c) of the National and Community Service Act of 1990 (42 U.S.C.
12591(c)), as added by section 101(b) of the National and Community
Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 809), is
amended by striking ``subsection (a)(5)(A)'' and inserting
``subsection (a)(5)''.
(4) Educational award eligibility requirements.--Section 146(a)
of the National and Community Service Act of 1990 (42 U.S.C.
12602(a)), as added by section 102(a) of the National and Community
Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 818), is
amended by striking the second paragraph (3).
(5) Civilian community corps.--
(A) Use of incorrect term.--Section 155(e) of the National
and Community Service Act of 1990 (42 U.S.C. 12615(e)), as
redesignated by section 104(b)(3) of the National and Community
Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 840),
is amended by striking ``Corps'' and inserting ``Camps''.
(B) Reference to section.--Subsection (c)(2)(C)(i) of
section 159 of the National and Community Service Act of 1990
(42 U.S.C. 12619), as amended by section 104(e)(2)(E)(ii) of
the National and Community Service Trust Act of 1993 (Public
Law 103-82; 107 Stat. 847), is amended by striking ``section
section 162(a)(2)'' and inserting ``section 162(a)(2)''.
(C) Cross reference.--Section 162(a)(1)(B)(ii) of the
National and Community Service Act of 1990 (42 U.S.C.
12622(a)(1)(B)(ii)), as redesignated by section 104(b)(3) of
the National and Community Service Trust Act of 1993 (Public
Law 103-82; 107 Stat. 840), is amended by striking ``section
4462 of the National Defense Authorization Act for Fiscal Year
1993'' and inserting ``section 1143a of title 10, United States
Code''.
(6) Punctuation.--Section 198(q)(1) of the National and
Community Service Act of 1990 (42 U.S.C. 12653(q)(1)), as added by
section 104(c) of the National and Community Service Trust Act of
1993 (Public Law 103-82; 107 Stat. 840), is amended by striking
``1995'' and inserting ``1995,''.
(7) Redesignated paragraph.--Subsection (b)(6) of section 103
of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953), as
redesignated by section 323(b)(3) of the National and Community
Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 900), is
amended by striking ``(6)'' and inserting ``(5)''.
(8) Subparagraph indentation.--Subsection (c)(1)(F) of section
103 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4953),
as added by section 323(c)(1)(D) of the National and Community
Service Trust Act of 1993 (Public Law 103-82; 107 Stat. 900), is
amended by moving the left margin two ems to the left.
(9) Correct execution of amendment.--Section 224 of the
Domestic Volunteer Service Act of 1973 (42 U.S.C. 5024) is amended
by striking ``volunteer projects for older Americans'' and
inserting ``National Senior Volunteer Corps projects''.
(10) Effective dates.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this subsection shall take effect on the
date of the enactment of this Act.
(B) Retroactive effective date.--The amendments made by
paragraphs (1) and (2) shall take effect as of October 1, 1993.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | King Holiday and Service Act of 1994 - Amends Federal law to: (1) authorize appropriations through FY 1998 for the Martin Luther King, Jr. Federal Holiday Commission; (2) extend the Commission; (3) revise its membership to include the Chief Executive Officer of the Corporation for National and Community Service; (4) include the encouragement of service opportunities as one of the Commission's purposes; (5) add restrictions on details to the Commission and use of Commission funds for air travel and hotel accommodations; (6) revise congressional reporting requirements; and (7) add requirements for a Commission accounting system.
Amends the National and Community Service Act of 1990 to authorize the Corporation to make grants to eligible entities to carry out service opportunities in conjunction with Martin Luther King, Jr.'s birthday. | {"src": "billsum_train", "title": "King Holiday and Service Act of 1994"} | 2,476 | 161 | 0.628361 | 1.617794 | 0.81203 | 2.75641 | 13.826923 | 0.846154 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anti-Redlining and Anti-Mortgage
Fraud Act of 2010''.
SEC. 2. RESIDENTIAL MORTGAGE APPLICATION RECORDATION REQUIREMENT.
(a) Recordation Requirement.--It shall be unlawful for any person
or entity to extend credit (including in connection with a lease-
purchase transaction), or to provide funds or collect any payments in
connection with such an extension of credit, that is secured by a
single-family residence unless the originator has recorded the
applicant's application for such extension of credit with the
clearinghouse established under subsection (b). The Secretary of the
Treasury shall, by regulation, require originators to record each
application to enter into a transaction covered by this subsection with
the clearinghouse established under subsection (b), at the time that
application is first received by the originator.
(b) Mortgage Application Recordation System.--
(1) Establishment.--The Secretary of the Treasury, acting
through the Director of FinCEN, shall establish a system in
accordance with this subsection to record applications for
extensions of credit that are subject to the requirement under
subsection (a), which shall include the establishment of a
clearinghouse (in this section referred to as the
``clearinghouse'') for recording all such applications.
(2) Clearinghouse operator.--The clearinghouse shall be
established and managed by a private sector entity selected, in
accordance with standards established by the Secretary, from
applicants that--
(A) demonstrate the capacity to operate the
clearinghouse in accordance with this section and
provide technology sufficient to carry out all
functions and activities of the clearinghouse;
(B) meet such standards, as the Secretary shall
establish, to ensure that the clearinghouse operator is
independent of ownership of, by, or with, and
affiliation of any kind with, any entity that is
engaged in the business of originating, funding,
guaranteeing, purchasing, selling, securitizing, or
assuming any risk related to residential mortgages
other than from the operation of the clearinghouse; and
(C) are small business concerns, as such term is
defined pursuant to section 3 of the Small Business Act
(15 U.S.C. 632).
(3) Costs.--
(A) Responsibility.--All costs of the establishment
and operation of the clearinghouse shall be borne by
the clearinghouse operator.
(B) Fees.--
(i) Authority.--The clearinghouse operator
may assess and collect fees to cover the costs
of the establishment and operation of the
clearinghouse established under this
subsection.
(ii) Limitation.--Such fees may be assessed
and collected only in such manner as may
reasonably be expected to result in an
aggregate amount of fees collected that does
not exceed the aggregate amount of the costs
for establishment and operation of the
clearinghouse, plus a market rate of return on
the investment in establishing and operating
costs of the clearinghouse, as determined by
the Secretary.
(iii) Persons subject to fees.--Fees under
this subparagraph shall be assessed against and
collected from originators, for each
application for an extension of credit that is
required to be recorded with the clearinghouse.
(C) Guarantee.--The Secretary may guarantee
repayment of principal and interest on a loan to the
clearinghouse operator in an amount sufficient to cover
the costs of establishing, and operating, the
clearinghouse established under this section and there
is authorized to be appropriated such sums as may be
necessary for costs (as such term is defined in section
502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a)) of such guarantee.
(c) Collection of Information.--For each application for an
extension of credit recorded with the clearinghouse, the clearinghouse
shall, through an internet-based electronic system--
(1) provide a unique identifier that shall be permanently
assigned to the application; and
(2) collect and maintain--
(A) the name, social security number, and address
of each applicant and co-applicant;
(B) the address of the property or properties that
provide security for the extension of credit for which
the application is filed;
(C) the identity of the legal entity receiving the
application and the identity of the agent or employee
of that entity actually taking the application;
(D) the identity of any entity or individual that
enters any information into the clearinghouse system
with respect to an application;
(E) identification of whether property securing the
extension of credit is a principal residence, an
additional residence, or an investment property;
(F) identification of whether the extension of
credit was secured by a first or subsequent lien on
property and whether it was made for purchase,
refinance, a home equity loan or line of credit,
construction finance, home equity conversion, or lease-
purchase, or such other category as the Secretary may
provide;
(G) the name of each lender to which the
application is submitted;
(H) the name of each lender that accepts the
application;
(I) the date and type of transaction that results
from the approval of the application or the date of
termination of the application; and
(J) such other information as the Secretary may, by
regulation, require that is consistent with the fraud
prevention and detection purposes of the clearinghouse.
(d) Use and Protection of Information.--
(1) In general.--All information collected by the
clearinghouse shall be the property of the Secretary and access
to and use of the information shall be limited as prescribed in
this section and regulations issued under this section by the
Secretary.
(2) Disclosures to applicants.--The Secretary shall require
each originator accepting applications for extensions of credit
subject to the requirement under subsection (a) to provide to
each applicant, at the time of application, a written
disclosure, in such form and containing such information as the
Secretary shall require, sufficient to inform the applicant of
the existence and purpose of the clearinghouse, the information
regarding the application to be collected by the clearinghouse,
who has access to such information collected by the
clearinghouse, and the manner in which the information may be
used.
(3) Access.--Access to information collected by the
clearinghouse shall be limited as follows:
(A) An individual or entity that accepts
applications for extensions of credit shall have access
solely to information that was submitted to the
clearinghouse by that individual or entity.
(B) An entity that considers an extension of credit
based upon an application shall have access solely to
information associated with applications submitted to
such entity and to other currently or recently active
applications involving the same applicants or co-
applicants or the same property or properties.
(C) A prospective purchaser or guarantor of any
instrument related to an extension of credit for which
application information was collected by the
clearinghouse shall have access to the same information
as the entity that extended the credit.
(D) The Secretary and any other Federal and State
regulatory or law enforcement agencies shall have
access to all data collected by the clearinghouse to
the extent and in the manner prescribed by the
Secretary for the purpose of investigating fraudulent,
discriminatory, or predatory activities and other
activities that are potential violations of Federal or
State law.
(4) Protection of information.--The Secretary shall, by
regulation pursuant to subsection (e), provide for the
operation of the clearinghouse and establish guidelines and
procedures necessary to ensure that the clearinghouse operates
in a secure manner that protects the information collected from
unauthorized access or misuse by any individual or entity.
(e) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Application.--The term ``application'' means, any
writing whether or not in paper or electronic form and whether
or not signed by the applicant, that--
(A) is prepared or received by an originator;
(B) is submitted or is intended to be submitted for
consideration by any creditor for an extension of
credit to be secured by a single-family residence; and
(C) identifies the applicant and the security
property.
(2) Credit; extension of credit.--The terms ``credit'' and
``extension of credit'' mean the provision of time for payment
pursuant to contractual terms, including lease-purchase
contracts, home equity lines of credit, and home equity
conversion transactions.
(3) FinCEN.--The term ``FinCEN'' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury, acting through the Director of FinCEN.
(5) Single family residence.--The term ``single-family
residence'' means residential real property that contains one
to four dwelling units, or individual units of condominiums or
cooperatives.
(6) Originator.--The term ``originator'' means any entity
that is in the business of receiving applications for
extensions of credit.
(f) Regulations.--The Secretary shall issue any regulations
necessary to carry out this section.
(g) Effective Date.--The provisions of this section shall take
effect with respect to extensions of credit entered into on and after
January 1, 2011.
(h) Conforming Amendment.--Paragraph (2) of section 310 of title
31, United States Code, is amended--
(1) by redesignating subparagraph (J) as subparagraph (K);
and
(2) by inserting after subparagraph (I) the following new
subparagraph:
``(J) Carry out the responsibilities of the Secretary under
section 2 of the Anti-Redlining and Anti-Mortgage Fraud Act of
2010 (relating to residential mortgage application recordation
requirement and establishment of a clearinghouse for such
recording).''. | Anti-Redlining and Anti-Mortgage Fraud Act of 2010 - Makes it unlawful for any person or entity to extend credit, provide funds, or collect any payments in connection with an extension of credit secured by a single-family residence unless the originator has recorded the credit application with the clearinghouse established under this Act.
Directs the Secretary of the Treasury, acting through the Director of the Financial Crimes Enforcement Network (FinCEN) of the Department of the Treasury, to: (1) establish a mortgage application recordation system which includes a clearinghouse, managed by a private sector entity, to record single-family residence mortgage applications; and (2) require mortgage originators to record such credit applications with the clearinghouse.
Prescribes criteria for the clearinghouse operator, which shall bear all clearinghouse costs.
Authorizes the Secretary to guarantee repayment of principal and interest on a loan to the clearinghouse operator sufficient to cover clearinghouse costs.
Requires the clearinghouse to collect information using an Internet-based electronic system. Makes all information collected by the clearinghouse is property of the Secretary. | {"src": "billsum_train", "title": "To reduce fraud and abusive practices in the origination of residential mortgages by establishing a clearinghouse of mortgage application information."} | 2,082 | 237 | 0.699151 | 2.210846 | 0.815637 | 3.764706 | 9.710784 | 0.95098 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety and Accountability in
Construction Act''.
SEC. 2. HIGHWAY SAFETY.
(a) Submission of Project Management Plans.--Section 106(a)(1) of
title 23, United States Code, is amended by striking ``such'' and
inserting ``the project management plan and such other''.
(b) Independent Safety Reviews.--
(1) In general.--Chapter 4 of title 23, United States Code,
is amended by adding at the end the following:
``Sec. 413. Independent safety reviews
``(a) In General.--Subject to subsection (b), the Secretary of
Transportation (or the Secretary's designee) is authorized to contract
with a qualified independent engineer to objectively analyze the
planning, design, construction methods, and materials used to construct
any highway project financed with Federal funds if the Secretary (or
the Secretary's designee) determines that--
``(1) the project may endanger public safety;
``(2) the planning, design, or construction of the project
differs from the State's existing Project Management Plan;
``(3) the project is experiencing significant cost
overruns; or
``(4) there is a reasonable basis for requiring a safety
review of the project by an independent engineer.
``(b) Selection of Independent Engineer.--
``(1) In general.--If the Secretary makes a determination
under subsection (a), the Secretary shall select and hire an
engineer to conduct the analysis described in subsection (a).
``(2) Qualifications.--The engineer selected under this
subsection--
``(A) shall be a registered professional engineer
with a background in the appropriate engineering
discipline;
``(B) shall have significant knowledge and
experience in highway projects; and
``(C) may not have any prior association with the
project to be reviewed or any affiliation with any
project participant.
``(3) Notification requirement.--If an engineer is selected
under this section, the Secretary shall notify--
``(A) the members of Congress of the districts in
which the project being reviewed is located; and
``(B) the Committee on Commerce, Science, and
Transportation of the Senate;
``(C) the Committee on Environment and Public Works
of the Senate; and
``(D) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(c) Access.--
``(1) In general.--The transportation department of each
State in which a highway project is being reviewed by an
independent engineer selected under subsection (b), and any
contractors involved in the project, shall provide the engineer
with reasonable access to the plans, records, and construction
sites of the project.
``(2) Contract provisions.--Beginning on the date of the
enactment of this section, each contract relating to a highway
project receiving Federal financial assistance shall
explicitly--
``(A) authorize the Secretary of Transportation to
conduct a safety review in accordance with this
section; and
``(B) require the parties to comply with paragraph
(1).
``(d) Reports.--
``(1) Analysis findings.--At the conclusion of the analysis
described in subsection (a), the independent engineer shall
submit a report containing the findings of such analysis to--
``(A) the Secretary of Transportation;
``(B) the Inspector General of the Department of
Transportation;
``(C) the Administrator of the Federal Highway
Administration; and
``(D) the transportation department of the State in
which the project is located.
``(2) Internal review.--The Inspector General of the
Department of Transportation shall ensure compliance with the
requirements under this section and shall submit a report
describing such compliance to--
``(A) the Secretary of Transportation;
``(B) the Administrator of the Federal Highway
Administration; and
``(C) the appropriate congressional committees.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $15,000,000 for each fiscal year to carry out this
section.''.
(2) Clerical amendment.--The table of sections in chapter 4
of title 23, United States Code, is amended by adding at the
end the following:
``413. Independent safety reviews.''.
SEC. 3. TUNNEL INSPECTIONS.
(a) In General.--Section 151 of title 23, United States Code, is
amended--
(1) in the section heading, by inserting ``and tunnel''
after ``bridge'';
(2) in subsections (a) and (c), by inserting ``and Tunnel''
after ``Bridge'' each place it appears in the subsection
headings;
(3) by inserting ``and tunnel'' after ``bridge'' each place
it appears;
(4) by inserting ``and tunnels'' after ``bridges'' each
place it appears; and
(5) in subsection (d), by striking ``section 104(a),
section 502, and section 144 of this title.'' and inserting
``sections 104(a), 144, and 502 for the bridge inspection
program and sections 104(a) and 502 for the tunnel inspection
program.''.
(b) Surface Transportation Program.--Section 133(b)(1) of title 23,
United States Code, is amended by inserting ``, tunnels (including
safety inspections),'' after ``highways)''. | Safety and Accountability in Construction Act - Requires state transportation departments to submit project management plans for federal-aid highway projects to the Secretary of Transportation for approval.
Authorizes the Secretary to contract with a qualified independent engineer to provide independent safety reviews of federally-financed highway projects if certain determinations are made.
Requires the Secretary to establish a national tunnel inspection program (including national standards for the inspection of such tunnels).
Authorizes states to obligate apportioned surface transportation program funds for: (1) the construction and repair of tunnels; and (2) tunnel safety inspections. | {"src": "billsum_train", "title": "A bill to authorize the Secretary of Transportation to contract with an independent engineer to review the construction methods of certain Federal highway projects, to require States to submit a project management plan for each highway project financed with Federal funds, and for other purposes."} | 1,204 | 129 | 0.521852 | 1.233893 | 0.691652 | 1.783784 | 10.324324 | 0.810811 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Home Building Lending Improvement
Act of 2012''.
SEC. 2. PURPOSE.
It is the purpose of this Act to--
(1) immediately provide authority and guidance that Federal
and State bank regulators can use to ensure that Federal and
State chartered banks and thrifts that provide financing to
America's home builders are permitted to make loans, provide
ongoing liquidity, and ensure stable financing; and
(2) enable Federal and State chartered banks and thrifts to
provide initial and ongoing credit in a sound manner to
America's home builders to aid in restoring liquidity and
vitality to the housing market.
SEC. 3. COORDINATED RULEMAKING.
(a) Initiation of Proceedings.--Not later than 3 months after the
date of enactment of this Act, the appropriate Federal banking agencies
shall each initiate guidance or rulemaking with respect to financial
institutions under their respective jurisdictions that make real estate
loans to home builders. Such guidance or rulemaking shall provide for
the following:
(1) Adjustment of the 100 percent of bank capital
measurement.--
(A) Loan origination.--Notwithstanding any other
provision of law, the measurement of construction loans
that triggers additional scrutiny on real estate loans
in the lending portfolio of any qualified financial
institution shall be 125 percent of bank capital. The
Federal banking agencies shall not treat the 125
percent measurement as a hard cap beyond which loans
cannot be made, but shall consider other relevant
factors besides the concentration of such loans, such
as whether the financial institution has in place
effective risk management practices that are
appropriate for the level and nature of the risk of
such loans.
(B) Lending decisions.--The appropriate Federal
banking agency shall not prevent a qualified financial
institution from making a real estate loan to a home
builder in good standing that is secured by a viable
project, unless there is a legitimate supervisory or
accounting reason to do so.
(2) Prohibition on compelling lenders to call loans in good
standing.--
(A) Home builders in good standing.--The
appropriate Federal banking agency shall not compel a
financial institution to call a real estate loan of a
home builder that is in good standing.
(B) Workout activities.--
(i) In general.--In any case in which a
home builder is in good standing on a real
estate loan, but the collateral of the home
builder with respect to that loan has decreased
in value, based on a projected valuation of a
project as completed, the appropriate Federal
banking agency shall permit a financial
institution to engage in workout activities
with such home builder to improve the prospects
for repayment of principal and interest in a
manner that is consistent with safe and sound
banking principles and the need for credit for
home building.
(ii) Period of workout activities.--Workout
activities authorized under clause (i) may be
utilized during the 24-month period following
the date of issuance of final guidance or
regulations under subsection (c).
(iii) Effects.--No real estate loan may be
required to be charged off during the period
established in clause (ii) until the
appropriate Federal banking agency has
determined that--
(I) the financial institution
holding such loan has worked in good
faith to consider reasonable workout
activities and has adequately provided
for any impairment in such loan; or
(II) the financial institution has
not considered reasonable workout
activities in a timely manner.
(C) Reclassification of loans.--The appropriate
Federal banking agency shall not require a financial
institution to reclassify any real estate loan to a
homebuilder in good standing on the balance sheet of
such institution, unless there is a legitimate
supervisory or accounting reason to do so.
(3) No waiting period.--If the provisions of paragraph (2)
help to improve the CAMEL composite rating of a financial
institution under the Uniform Financial Institutions Rating
System from 3, 4, or 5 to 1 or 2 in the next occurring
examination of such institution that begins after the date on
which final guidance or regulations are issued pursuant to
subsection (c), such improved rating shall take effect
immediately after the date on which such rating was received.
(b) Coordination, Consistency, and Comparability.--Each Federal
banking agency shall consult and coordinate with the other Federal
banking agencies for the purpose of assuring, to the extent possible,
that the guidance or regulations by each such agency and such
authorities are consistent and comparable with those prescribed by the
other such agencies and authorities.
(c) Deadline.--Each Federal banking agency shall issue final
guidance or regulations to implement this Act not later than the
earlier of--
(1) 6 months after the date of enactment of this Act; or
(2) 3 months after such guidance or regulations are
proposed.
(d) Agency Authority.--The guidance and regulations issued under
this Act shall be enforced by the appropriate Federal banking agencies.
(e) Effect on State Law.--The guidance and regulations issued under
this Act shall not supersede the law of any State, except to the extent
that such law is inconsistent with such rule, and then only to the
extent of the inconsistency.
SEC. 4. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Appropriate federal banking agency; federal banking
agency.--The terms ``appropriate Federal banking agency'' and
``Federal banking agency'' have the same meanings as in section
3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(2) Financial institution.--The term ``financial
institution'' means an entity regulated by, and under the
supervision of, any Federal banking agency.
(3) Good standing.--The term ``good standing'' means the
borrower has made all payments on a real estate loan and any
other extensions of credit to the borrower or any affiliated
entities in accordance with the agreements for such loans.
(4) Real estate loan.--The term ``real estate loan'' means
any indebtedness secured by a mortgage, deed of trust, or other
equivalent consensual security interest on real property, for--
(A) land acquisition for residential construction
projects;
(B) land development for residential construction
projects; or
(C) residential construction projects.
(5) Total capital.--The term ``total capital'' means the
total risk-based capital of a financial institution as reported
periodically by such institution in the Call Report or Thrift
Financial Reports of the Federal Financial Institutions
Examination Council, as applicable.
(6) Viable project.--The term ``viable project'' means a
real estate project that continues to have a reasonable
prospect of reaching completion and sale within a reasonable
timeframe, and at a market price that provides for the orderly
and timely repayment of the real estate loan.
(7) Workout activities.--The term ``workout activities''
means techniques to prevent default on a real estate loan,
including a renewal or extension of loan terms, extension of
additional credit, restructuring, loan write downs, or
flexibility on using reappraisal methods that still provide
credible value conclusions.
(8) Qualified financial institution defined.--For purposes
of this paragraph, the term ``qualified financial institution''
means a financial institution that received, in the most recent
examination of the institution, a CAMEL composite rating of 1
or 2 under the Uniform Financial Institutions Rating System. | Home Building Lending Improvement Act of 2012 - Directs each of the appropriate federal banking agencies to initiate guidance or rulemaking with respect to financial institutions under their respective jurisdictions that make real estate loans to home builders.
Requires such rulemaking to provide for: (1) adjustment from 100% to 125% of bank capital the measurement that triggers additional scrutiny on real estate loans in the lending portfolio of any qualified financial institution, (2) a prohibition against compelling lenders to call loans in good standing, and (3) improved composite ratings of a financial institution to take effect immediately.
Prohibits a federal banking agency also from preventing a qualified financial institution from making a real estate loan to a home builder in good standing that is secured by a viable project, unless there is a legitimate supervisory or accounting reason to do so.
Prohibits such banking agencies from requiring a financial institution to reclassify any real estate loan to a homebuilder in good standing on the balance sheet of such institution, unless there is a legitimate supervisory or accounting reason to do so.
Prohibits such agency guidance and regulations from superseding state law, except to the extent of state law inconsistency. | {"src": "billsum_train", "title": "A bill to enable Federal and State chartered banks and thrifts to meet the credit needs of the Nation's home builders, and to provide liquidity and ensure stable credit for meeting the Nation's need for new homes."} | 1,608 | 259 | 0.699159 | 2.14012 | 0.964641 | 5.234234 | 6.761261 | 0.936937 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Adoption Improvement Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Despite the dramatic increase in the number of
adoptions out of foster care since the enactment of the
Adoption and Safe Families Act of 1997 (Public Law 105-89; 111
Stat. 2115), there are still 114,000 children in foster care
with the goal of adoption. Of these, only 13 percent are
currently living in a preadoptive home. At the same time, in a
given year, 240,000 people in the United States will call for
information about adopting a child from foster care.
Ultimately, however, only a very small fraction of prospective
parents interested in adopting children in foster care will end
up doing so. As a result, thousands of needy children will
remain in foster care and thousands of prospective parents will
remain childless.
(2) According to a recent study conducted by Harvard
University and the Urban Institute in collaboration with the
Evan B. Donaldson Adoption Institute, 78 percent of adults who
call for information about becoming adoptive parents will not
fill out an application or attend an orientation meeting. Only
6 percent of those who call for information actually complete
the adoption home study, a requirement for all prospective
parents.
(3) Research shows that prospective adoptive parents often
face a number of barriers that discourage them from adopting
children out of foster care, including difficulty in accessing
the child welfare agency and unpleasant experiences during
critical initial contacts with the child welfare agency, as
well as ongoing frustration with the agency or aspects of the
process. The 2 primary ways people learn about adoption from
foster care are the media and word of mouth. Negative
experiences with the adoption process have resounding effects
as 1 parent's frustration is expressed to friends, families,
and acquaintances.
SEC. 3. CHILD WELFARE AGENCY DEFINED.
In this Act, the term ``child welfare agency'' means an entity of a
State, regional or local area, or Indian tribe, that has primary
responsibility in such a State, regional or local area, or Indian tribe
for the facilitation of adoptions from the child welfare system.
SEC. 4. GRANT PROGRAM AUTHORIZED.
The Secretary of Health and Human Services (referred to in this Act
as the ``Secretary'') shall carry out, in accordance with the
provisions of this Act, a pilot program of making not less than 10
grants to child welfare agencies that is designed to effect long-range
improvements in the adoption process by increasing prospective adoptive
parent access to adoption information and strengthening such agencies
responsiveness to prospective adoptive parents.
SEC. 5. APPLICATION.
A child welfare agency that desires to receive a grant under this
Act shall submit an application at such time, in such manner, and
accompanied by such information as the Secretary may require.
SEC. 6. SELECTION OF GRANT RECIPIENTS.
(a) In General.--In awarding grants under this Act, the Secretary
shall--
(1) select grant recipients on the basis of criteria
included in regulations promulgated by the Secretary; and
(2) take into consideration--
(A) the quality of the application;
(B) the demonstrated commitment of the applicant to
achieving the goals of the pilot program carried out
under this Act; and
(C) the geographic diversity of the applicant.
(b) Criteria.--In establishing criteria under subsection (a)(1),
the Secretary shall include the requirement that for a child welfare
agency to be eligible to receive a grant under this Act, such agency
shall comply with each of the following:
(1) The child welfare agency includes the active
involvement of independent, legitimate, marketing and research
firms in the design and implementation of the program that will
be funded with a grant under this Act, in order to incorporate
business and consumer product marketing techniques in the
recruitment, training, and retention of adoptive parents. The
involvement of academic institutions or nonprofit research
institutions in the process and follow-up design may also be
included.
(2) The child welfare agency intends to improve the first
contact between prospective adoptive parents and the agency
through the following:
(A) The establishment of a specialized adoption
hotline for tracking incoming calls to better
understand the adoptive parent attrition rate.
(B) The hiring of employees with a background in
counseling and providing specialized adoption training
so such employees answer callers' requests efficiently.
Training shall emphasize the importance of customer
service in addition to traditional counseling skills,
address the particular needs of workers and
supervisors, and stress the importance of reducing
staff turnover.
(C) The establishment of a process to solicit and
incorporate feedback from all prospective parents,
including those who exit the process early on, in
designing and improving the adoption process.
(3) The child welfare agency--
(A) will promote recruitment at the start of the
process by providing prospective parents with clear,
written guidelines about qualifications and grounds for
being screened out; and
(B) will ensure that all staff are trained in
skills needed to engage a prospective parent in the
adoption process and, when possible, will separate the
recruitment and screening processes.
(4) The child welfare agency coordinates all adoption
sources to afford prospective parents immediate access to all
children available for adoption.
(5) The child welfare agency offers an explicit explanation
of the adoption process for all prospective families that
includes the roles that various workers play, relationships
among the different agencies, and the information necessary to
navigate through the process. This information shall include
the reasoning behind standard adoption procedures, such as home
studies, criminal background checks, and psychological and
health evaluations.
(6) The child welfare agency shall provide clear
information about the matching process, including expected
timeline, to prospective parents.
(7) The child welfare agency shall provide a clear overview
of the adoption process for all prospective families,
including--
(A) the rewards and challenges of the process;
(B) the availability of and the process of
accessing adoption assistance;
(C) the legal process of adoption; and
(D) the availability of post-permanency services.
(8) The child welfare agency shall make every effort to
involve successful adoptive parents in aspects of the adoption
process, including designing recruitment strategies, training,
and matching.
(9) The child welfare agency shall establish an adoption
advisory committee for strengthening procedures for matching
waiting children with adoptive parents. The committee shall be
composed of adoption professionals, successful adoptive
parents, and others with expertise in assessing a child's
adoption needs for the purpose of improving the matching
process.
(10) The child welfare agency shall develop a mentoring
system linking prospective and established adoptive parents.
(11) The child welfare agency agrees to comply with the
evaluation procedures set forth by the agencies and research
entity described in section 8.
SEC. 7. USE OF FUNDS.
A child welfare agency that receives a grant under this Act shall
use the grant funds only for activities that--
(1) decrease the adoptive parent attrition rate, as
described in section 6; or
(2) build upon existing practices that have demonstrated
effectiveness in improving the adoption process.
SEC. 8. STUDY.
(a) In General.--In order to provide rigorous research utilizing
appropriate, scientifically-based research standards, the Secretary
shall carry out, through grant or contract, research into the successes
and challenges of the programs established through the grants
authorized in this Act. Such research shall--
(1) employ a standardized data collection tool in order to
maximize the synthesis of data across disparate programs;
(2) assess the success with which participating agencies
implement the program components outlined in section 6(b);
(3) assess the impact, if any, of each program on--
(A) the retention and attrition of prospective
adoptive parents throughout the adoption process;
(B) the professionalization of child welfare
professionals responding to adoption inquiries;
(C) the number of completed adoptions from foster
care; and
(D) the maintenance of completed adoptions,
including the impact, if any, of the program on
families' use of post-adoption services;
(4) synthesize the successes and challenges of each
participating child welfare agency and make recommendations for
an overall model of best practice; and
(5) offer recommendations regarding improvements to the
grant program.
(b) Use of Expert Entity.--The Secretary shall carry out the
research described in this section through an entity, including a
Federal agency, that has expertise in carrying out research studies
relating to adoption, foster care, and child welfare issues, such as
child welfare service provision and the adoption of children from
foster care.
(c) Consultation.--In conducting the research described in this
section, the expert entity described in subsection (b) shall consult
with--
(1) researchers who are experts in studying child welfare
services, particularly those focusing on best practices
regarding the adoption of children from foster care;
(2) child welfare administrators and staff responsible for
facilitating the adoption of children from foster care;
(3) representatives from national child welfare
organizations promoting the adoption of children from foster
care; and
(4) parents who have adopted children from foster care.
(d) Report to Congress.--Not later than 2 years after the
dissemination of funds under this Act, the expert entity described in
subsection (b) shall submit a report to the Secretary containing the
results of the research described in this section. The report shall
also--
(1) be submitted to the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate; and
(2) be made publicly available.
SEC. 9. NATIONWIDE REVIEW.
The Secretary shall include in the national annual review of child
welfare agencies of the Secretary an examination of each State's
progress regarding accessibility and responsiveness of child welfare
agencies to prospective adoptive parents.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act
$50,000,000. | Adoption Improvement Act of 2007 - Directs the Secretary of Health and Human Services to carry out a pilot program of grants to child welfare agencies to effect long-range improvements in the adoption process by increasing prospective adoptive parent access to adoption information and strengthening agency responsiveness to prospective adoptive parents.
Requires the Secretary also to: (1) research, through grant or contract, the successes and challenges of the programs established under the pilot program grants; and (2) include in the national annual review of child welfare agencies an examination of each state's progress regarding adoption information accessibility and agency responsiveness to prospective adoptive parents. | {"src": "billsum_train", "title": "To establish an adoption process improvement pilot program."} | 2,100 | 127 | 0.501129 | 1.359381 | 0.606142 | 5.033898 | 17.923729 | 0.983051 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Christen O'Donnell Equestrian Helmet
Safety Act of 2013''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Head injuries are the number one reason for hospital
admissions of horseback riders and the leading cause of death
following a horseback riding injury.
(2) Over 100 deaths per year are estimated to result from
equestrian related activities, with head injuries accounting
for 3 of every 5 of these deaths.
(3) Nearly 68,000 people visited the emergency room in 2012
as a result of horseback riding related injuries, with head
injuries accounting for 22 percent and concussions accounting
for 7 percent of these visits.
(4) Horseback riding causes 11.7 percent of sports-related
traumatic brain injuries, which is the largest percentage of
any recreational sport.
(5) Between 2001 and 2009, children under 19 made 3,638
emergency room visits per year for traumatic brain injuries
resulting from horseback riding accidents.
(6) Between 75 and 80 percent of head injuries occur while
physically mounted on a horse--when a rider would normally be
wearing his or her helmet.
(7) Racing organizations require helmets, and as a result
jockeys now sustain fewer head injuries than pleasure riders.
(8) The U.S. Pony Clubs lowered head injury rates by 29
percent through mandatory helmet use.
(9) Properly fitted ASTM/SEI certified helmets can reduce
head injury-related deaths by 70 to 80 percent.
SEC. 3. STANDARDS.
(a) In General.--Every equestrian helmet manufactured on or after
the date that is 9 months after the date of enactment of this Act shall
meet--
(1) the interim standard specified in subsection (b),
pending the establishment of a final standard pursuant to
subsection (c); and
(2) the final standard, once that standard has been
established under subsection (c).
(b) Interim Standard.--The interim standard for equestrian helmets
is the American Society for Testing and Materials (ASTM) standard
designated as F1163.
(c) Final Standard.--
(1) Requirement.--Not later than 60 days after the date of
enactment of this Act, the Consumer Product Safety Commission
shall begin a proceeding under section 553 of title 5, United
States Code, to--
(A) establish a final standard for equestrian
helmets that incorporates all the requirements of the
interim standard specified in subsection (b);
(B) provide in the final standard a mandate that
all approved equestrian helmets be certified to the
requirements promulgated under the final standard by an
organization that is accredited to certify personal
protection equipment in accordance with ISO Guide 65;
and
(C) include in the final standard any additional
provisions that the Commission considers appropriate.
(2) Inapplicability of certain laws.--Sections 7 and 9 of
the Consumer Product Safety Act (15 U.S.C. 2056 and 2058) shall
not apply to the proceeding under this subsection, and section
11 of such Act (15 U.S.C. 2060) shall not apply with respect to
any standard issued under such proceeding.
(3) Effective date.--The final standard shall take effect
not later than 1 year after the date it is issued.
(d) Failure To Meet Standards.--
(1) Failure to meet interim standard.--Until the final
standard takes effect, an equestrian helmet that does not meet
the interim standard, required under subsection (a)(1), shall
be considered in violation of a consumer product safety
standard promulgated under the Consumer Product Safety Act.
(2) Status of final standard.--The final standard developed
under subsection (c) shall be considered a consumer product
safety standard promulgated under the Consumer Product Safety
Act.
SEC. 4. AUTHORIZATIONS OF APPROPRIATIONS.
There is authorized to be appropriated to the Consumer Product
Safety Commission to carry out this Act, $500,000 for fiscal year 2014,
which amount shall remain available until expended.
SEC. 5. DEFINITIONS.
In this Act:
(1) Approved equestrian helmet.--The term ``approved
equestrian helmet'' means an equestrian helmet that meets--
(A) the interim standard specified in section 3(b),
pending establishment of a final standard under section
3(c); and
(B) the final standard, once it is effective under
section 3(c).
(2) Equestrian helmet.--The term ``equestrian helmet''
means a hard shell head covering intended to be worn while
participating in an equestrian event or activity. | Christen O'Donnell Equestrian Helmet Safety Act of 2013 [sic] - Establishes an interim standard for equestrian helmets manufactured nine months after enactment of this Act, pending establishment of a final standard. Directs the Consumer Product Safety Commission (CPSC) to begin rulemaking proceedings for development of a final standard. Excludes such proceedings from specified laws governing the CPSC's reliance on voluntary standards, the development of consumer product safety rules, and the CPSC's regulation of consumer products in accordance with other laws. Prohibits application of judicial review provisions to any standard issued pursuant to such proceedings. Requires any failure to meet the interim standard to be treated as a violation of a consumer product safety standard promulgated under the Consumer Product Safety Act (CPSA). Requires any final standard to be considered a CPSA consumer product safety standard. | {"src": "billsum_train", "title": "Christen O'Donnell Equestrian Helmet Safety Act of 2013"} | 1,016 | 207 | 0.520917 | 1.553563 | 1.027855 | 2.509804 | 5.980392 | 0.75817 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George McGovern-Robert Dole
International Food for Education and Child Nutrition Act of 2001''.
SEC. 2. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.
Title IV of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1731 et seq.) is amended by adding at the end the
following:
``SEC. 417. INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION.
``(a) Definitions.--In this section:
``(1) Eligible commodity.--The term `eligible commodity'
means--
``(A) an agricultural commodity; and
``(B) a vitamin or mineral produced--
``(i) in the United States; or
``(ii) in limited situations determined by
the Secretary, outside the United States.
``(2) Eligible organization.--The term `eligible
organization' means a private voluntary organization,
cooperative, or intergovernmental organization, as determined
by the Secretary.
``(3) Program.--The term `Program' means the International
Food for Education and Child Nutrition Program established
under subsection (b)(1).
``(4) Recipient country.--The term `recipient country'
means 1 or more developing countries covered by a plan approved
under subsection (d)(1)(A)(ii).
``(b) Program Establishment.--
``(1) In general.--In cooperation with other countries, the
Secretary shall establish, and the Department of Agriculture
shall act as the lead Federal agency for, the International
Food for Education and Child Nutrition Program, through which
the Secretary shall provide to eligible organizations eligible
commodities and technical and nutritional assistance for pre-
school and school-age children in connection with education
programs to improve food security and enhance educational
opportunities for pre-school age and primary-school age
children in recipient countries.
``(2) Administration.--In carrying out the Program, the
Secretary may use the personnel and other resources of the Food
and Nutrition Service and other agencies of the Department of
Agriculture.
``(c) Purchase and Donation of Eligible Commodities and Provision
of Assistance.--
``(1) In general.--Under the Program, the Secretary shall
enter into agreements with eligible organizations--
``(A) to purchase, acquire, and donate eligible
commodities to eligible organizations; and
``(B) to provide technical and nutritional
assistance.
``(2) Other donor countries.--Consistent with the Program,
the Secretary shall encourage other donor countries, directly
or through eligible organizations--
``(A) to donate goods and funds to recipient
countries; and
``(B) to provide technical and nutritional
assistance to recipient countries.
``(3) Private sector.--The President and the Secretary are
urged to encourage the support and active involvement of the
private sector, foundations, and other individuals and
organizations in programs and activities assisted under this
section.
``(d) Plans and Agreements.--
``(1) In general.--To be eligible to receive eligible
commodities and assistance under this section, an eligible
organization shall--
``(A)(i) submit to the Secretary a plan that
describes the manner in which;
``(I) the eligible commodities and
assistance will be used in 1 or more
recipient countries to meet the requirements of this section; and
``(II) the role of the government in the
recipient countries in carrying out the plan;
and
``(ii) obtain the approval of the Secretary for the
plan; and
``(B) enter into an agreement with the Secretary
establishing the terms and conditions for use of the
eligible commodities and assistance.
``(2) Multiyear agreements.--
``(A) In general.--An agreement under paragraph
(1)(B) may provide for eligible commodities and
assistance on a multiyear basis.
``(B) Local capacity.--The Secretary shall
facilitate, to the extent the Secretary determines is
appropriate, the development of agreements under
paragraph (1)(B) that, on a multiyear basis, strengthen
local capacity for implementing and managing assistance
programs.
``(3) Streamlined procedures.--The Secretary shall develop
streamlined procedures for the development, review, and
approval of plans submitted under paragraph (1)(A) by eligible
organizations that demonstrate organizational capacity and the
ability to develop, implement, monitor, and report on, and
provide accountability for, activities conducted under this
section.
``(4) Graduation.--An agreement under paragraph (1)(B)
shall include provisions--
``(A)(i) to sustain the benefits to the education,
enrollment, and attendance of children in schools in
the targeted communities when the provision of
commodities and assistance to a recipient country under
the Program terminates; and
``(ii) to estimate the period of time required for
the recipient country or eligible organization to
provide assistance described in subsection (b)(1)
without additional assistance provided under this
section; or
``(B) to otherwise provide other long-term benefits
to the targeted populations.
``(e) Effective Use of Eligible Commodities.--The Secretary shall
ensure that each eligible organization--
``(1) uses eligible commodities made available under this
section effectively, in the areas of greatest need, and in a
manner that promotes the purposes of this section;
``(2) in using assistance provided under this section,
assesses and takes into account the nutritional and educational
needs of participating pre-school age and primary-school age
children;
``(3) to the maximum extent practicable, uses the lowest
cost means of delivering eligible commodities and providing
other assistance authorized under the Program;
``(4) works with recipient countries and indigenous
institutions or groups in recipient countries to design and
carry out mutually acceptable food and education assistance
programs for participating pre-school age and primary-school
age children;
``(5) monitors and reports on the distribution or sale of
eligible commodities provided under this section using methods
that will facilitate accurate and timely reporting;
``(6) periodically evaluates the effectiveness of the
Program, including evaluation of whether the food security and
education purposes can be sustained in a recipient country if
the recipient country is gradually terminated from the
assistance in accordance with subsection (d)(4); and
``(7) considers means of improving the operation of the
Program by the eligible organization and ensuring and improving
the quality of the eligible commodities provided under this
section, including improvement of the nutrient or micronutrient
content of the eligible commodities.
``(f) Interagency Coordination on Policy Goals.--The Secretary
shall consult and collaborate with other Federal agencies having
appropriate expertise in order to provide assistance under this section
to promote equal access to education to improve the quality of
education, combat exploitative child labor, and advance broad-based
sustainable economic development in recipient countries.
``(g) Sales and Barter.--
``(1) In general.--Notwithstanding subsection (d)(1)(A),
with the approval of the Secretary, an eligible organization
may--
``(A) acquire funds or goods by selling or
bartering eligible commodities provided under this
section within the recipient country or countries near
the recipient country; and
``(B) use the funds or goods to improve food
security and enhance educational opportunities for pre-
school age and primary-school age children within the
recipient country, including implementation and
administrative costs incurred in carrying out this
subsection.
``(2) Payment of administrative costs.--An eligible
organization that receives payment for administrative costs
under paragraph (1) shall not be eligible to receive payment
for the same administrative costs under subsection (h)(3).
``(h) Eligible Costs.--Subject to subsections (d)(1) and (m), the
Secretary shall pay all or part of--
``(1) the costs and charges described in paragraphs (1)
through (5) and (7) of section 406(b) with respect to an
eligible commodity;
``(2) the internal transportation, storage, and handling
costs incurred in moving the eligible commodity, if the
Secretary determines that--
``(A) payment of the costs is appropriate; and
``(B) the recipient country is a low income, net
food-importing country that--
``(i) meets the poverty criteria
established by the International Bank for
Reconstruction and Development for Civil Works
Preference; or
``(ii) has a national government that is
committed to or is working toward, through a
national action plan, the World Declaration on
Education for All convened in 1990 in Jomtien,
Thailand, and the follow-up Dakar Framework for
Action of the World Education Forum in 2000;
and
``(3) the projected costs of an eligible organization for
administration, sales, monitoring, and technical assistance
under a plan approved by the Secretary under subsection
(d)(1)(A) (including an itemized budget), taking into
consideration, as determined by the Secretary--
``(A) the projected amount of such costs itemized
by category; and
``(B) the projected amount of assistance received
from other donors.
``(i) Displacement.--Subsections (a)(2), (b), and (h) of section
403 shall apply to this section.
``(j) Audits and Training.--The Secretary shall take such actions
as are necessary to support, monitor, audit, and provide necessary
training in proper management under the Program.
``(k) Annual Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report
that describes--
``(1) the results of the implementation of the Program
during the applicable year, including the impact on the
enrollment, attendance, and performance of children in primary
schools targeted under the Program; and
``(2) the level of commitments by, and the potential for
obtaining additional goods and assistance from, other countries
for the purposes of this section during subsequent years.
``(l) Independence of Authorities.--Each authority granted under
this section shall be in addition to, and not in lieu of, any authority
granted to the Secretary or the Commodity Credit Corporation under any
other provision of law.--
``(m) Funding.--
``(1) In general.--Subject to paragraphs (2) and (3), for
each of fiscal years 2002 through 2006, the Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.
``(2) Fiscal year limitations.--
``(A) In general.--Subject to subparagraph (B), the
amount of funds of the Commodity Credit Corporation
uses to carry out this section shall not exceed--
``(i) $300,000,000 for fiscal year 2002; or
``(ii) $400,000,000 for each of fiscal
years 2003 through 2006.
``(B) Participation by donor countries.--If the
Secretary determines for any of fiscal years 2004
through 2006 that there is adequate participation in
the Program by donor countries, in lieu of the maximum
amount authorized for that fiscal year under
subparagraph (A)(ii), the amount of funds of the
Commodity Credit Corporation uses to carry out this
section shall not exceed--
``(i) $525,000,000 for fiscal year 2004;
``(ii) $625,000,000 for fiscal year 2005;
or
``(iii) $750,000,000 for fiscal year 2006.
``(3) Use limitations.--Of the funds provided under
paragraph (2), the Secretary may use to carry out subsection
(h)(3), not more than--
``(A) $40,000,000 for fiscal year 2002;
``(B) $50,000,000 for fiscal year 2003;
``(C) $60,000,000 for fiscal year 2004;
``(D) $70,000,000 for fiscal year 2005; or
``(E) $80,000,000 for fiscal year 2006.''.
SEC. 3. CONFORMING AMENDMENTS.
(a) Section 401(a) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1731(a)) is amended by inserting
``(other than section 417)'' after ``this Act'' each place it appears.
(b) Section 404(b)(4) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1734(b)(4)) is amended by inserting
``with respect to agreements entered into under this Act (other than
section 417),'' after ``(4)''.
(c) Section 406(d) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736(d)) is amended by inserting
``(other than section 417)'' after ``this Act''.
(d) Section 408 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736b) is amended by inserting
``(other than section 417)'' after ``this Act''.
(e) Section 412(b)(1) of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736f(b)(1)) is amended by inserting
``(other than section 417)'' after ``this Act'' each place it appears. | George McGovern-Robert Dole International Food for Education and Child Nutrition Act of 2001 - Amends the Agricultural Trade Development and Assistance Act of 1954 to establish an international food for education and child nutrition program under which agricultural commodities shall be provided to eligible organizations to assist pre-school and school-age children in connection with related education programs in recipient countries. | {"src": "billsum_train", "title": "A bill to amend the Agricultural Trade Development and Assistance Act of 1954 to establish an international food for education and child nutrition program."} | 2,873 | 76 | 0.603161 | 1.485169 | 1.116156 | 5.104478 | 40.761194 | 0.955224 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northern Uganda Crisis Response
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States and the Republic of Uganda enjoy a strong
bilateral relationship and continue to work closely together in
fighting the human immunodeficiency virus and acquired immune
deficiency syndrome (``HIV/AIDS'') pandemic and combating
international terrorism.
(2) For more than 17 years, the Government of Uganda has been
engaged in a conflict with the Lord's Resistance Army that has
inflicted hardship and suffering on the people of northern and
eastern Uganda.
(3) The members of the Lord's Resistance Army have used brutal
tactics during this conflict, including abducting and forcing
individuals into sexual servitude, and forcing a large number of
children, estimated to be between 16,000 and 26,000 children, in
Uganda to serve in such Army's military forces.
(4) The Secretary of State has designated the Lord's Resistance
Army as a terrorist organization and placed the Lord's Resistance
Army on the Terrorist Exclusion list pursuant to section 212(a)(3)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)).
(5) According to Human Rights Watch, since the mid-1990s the
only known sponsor of the Lord's Resistance Army has been the
Government of Sudan, though such Government denies providing
assistance to the Lord's Resistance Army.
(6) More than 1,000,000 people have been displaced from their
homes in Uganda as a result of the conflict.
(7) The conflict has resulted in a lack of security for the
people of Uganda, and as a result of such lack, each night more
than 18,000 children leave their homes and flee to the relative
safety of town centers, creating a massive ``night commuter''
phenomenon that leaves already vulnerable children subject to
exploitation and abuse.
(8) Individuals who have been displaced by the conflict in
Uganda often suffer from acute malnutrition and the mortality rate
for children in northern Uganda who have been displaced is very
high.
(9) In the latter part of 2003, humanitarian and human rights
organizations operating in northern Uganda reported an increase in
violence directed at their efforts and at civilians, including a
sharp increase in child abductions.
(10) The Government of Uganda's military efforts to resolve
this conflict, including the arming and training of local militia
forces, have not ensured the security of civilian populations in
the region to date.
(11) The continued instability and lack of security in Uganda
has severely hindered the ability of any organization or
governmental entity to deliver regular humanitarian assistance and
services to individuals who have been displaced or otherwise
negatively affected by the conflict.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the Government of the United
States should--
(1) work vigorously to support ongoing efforts to explore the
prospects for a peaceful resolution of the conflict in northern and
eastern Uganda;
(2) work with the Government of Uganda and the international
community to make available sufficient resources to meet the
immediate relief and development needs of the towns and cities in
Uganda that are supporting large numbers of people who have been
displaced by the conflict;
(3) urge the Government of Uganda and the international
community to assume greater responsibility for the protection of
civilians and economic development in regions in Uganda affected by
the conflict, and to place a high priority on providing security,
economic development, and humanitarian assistance to the people of
Uganda;
(4) work with the international community, the Government of
Uganda, and civil society in northern and eastern Uganda to develop
a plan whereby those now displaced may return to their homes or to
other locations where they may become economically productive;
(5) urge the leaders and members of the Lord's Resistance Army
to stop the abduction of children, and urge all armed forces in
Uganda to stop the use of child soldiers, and seek the release of
all individuals who have been abducted;
(6) make available increased resources for assistance to
individuals who were abducted during the conflict, child soldiers,
and other children affected by the conflict;
(7) work with the Government of Uganda, other countries, and
international organizations to ensure that sufficient resources and
technical support are devoted to the demobilization and
reintegration of rebel combatants and abductees forced by their
captors to serve in non-combatant support roles;
(8) cooperate with the international community to support civil
society organizations and leaders in Uganda, including Acholi
religious leaders, who are working toward a just and lasting
resolution to the conflict;
(9) urge the Government of Uganda to improve the
professionalism of Ugandan military personnel currently stationed
in northern and eastern Uganda, with an emphasis on respect for
human rights, accountability for abuses, and effective civilian
protection;
(10) work with the international community to assist
institutions of civil society in Uganda to increase the capacity of
such institutions to monitor the human rights situation in northern
Uganda and to raise awareness of abuses of human rights that occur
in that area;
(11) urge the Government of Uganda to permit international
human rights monitors to establish a presence in northern and
eastern Uganda;
(12) monitor the creation of civilian militia forces in
northern and eastern Uganda and publicize any concerns regarding
the recruitment of children into such forces or the potential that
the establishment of such forces will invite increased targeting of
civilians in the conflict or exacerbate ethnic tension and
violence; and
(13) make clear that the relationship between the Government of
Sudan and the Government of the United States cannot improve unless
no credible evidence indicates that authorities of the Government
of Sudan are complicit in efforts to provide weapons or other
support to the Lord's Resistance Army.
SEC. 4. REPORT.
(a) Requirements.--Not later than 6 months after the date of
enactment of this Act, the Secretary of State shall submit a report to
the appropriate congressional committees on the conflict in Uganda.
(b) Content.--The report required by subsection (a) shall include a
description of the following:
(1) The individuals or entities that are providing financial
and material support for the Lord's Resistance Army, including a
description of any such support provided by the Government of Sudan
or by senior officials of such Government.
(2) The activities of the Lord's Resistance Army that create
obstacles that prohibit the provision of humanitarian assistance or
the protection of the civilian population in Uganda.
(3) The practices employed by the Ugandan People's Defense
Forces in northern and eastern Uganda to ensure that children and
civilians are protected, that civilian complaints are addressed,
and that any member of the armed forces that abuses a civilian is
held accountable for such abuse.
(4) The actions carried out by the Government of the United
States, the Government of Uganda, or the international community to
protect civilians, especially women and children, who have been
displaced by the conflict in Uganda, including women and children
that leave their homes and flee to cities and towns at night in
search of security from sexual exploitation and gender-based
violence.
(c) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the Committee
on Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Northern Uganda Crisis Response Act - Expresses the sense of Congress that the United States should: (1) support efforts for a peaceful resolution of the conflict in northern and eastern Uganda; (2) work with the Government of Uganda and the international community to make available sufficient resources to meet the relief and development needs of the towns and cities that are supporting large numbers of displaced people; (3) urge the Government of Uganda and the international community to assume greater responsibility for the protection of civilians and economic development in regions in Uganda affected by the conflict; (4) urge the leaders and members of the Lord's Resistance Army to stop the abduction of children, and urge all armed forces in Uganda to stop the use of child soldiers, and seek the release of all individuals who have been abducted; (5) provide assistance to individuals who were abducted during the conflict, child soldiers, and other children affected by the conflict; (6) work with the Government of Uganda, other countries, and international organizations to ensure that sufficient resources and technical support are devoted to the demobilization and reintegration of rebel combatants and abductees; (7) urge the Government of Uganda to improve the professionalism of Ugandan military personnel currently stationed in northern and eastern Uganda, with an emphasis on respect for human rights and civilian protection; (8) work with the international community to assist and increase the capacity of Ugandan civil institutions to monitor the human rights situation in northern Uganda; (9) urge the Government of Uganda to permit international human rights monitors to establish a presence in northern and eastern Uganda; and (10) make clear that the relationship between Sudan and the United States cannot improve unless no credible evidence indicates that authorities of the Government of Sudan are providing support to the Lord's Resistance Army.
Directs the Secretary of State to submit a report on the conflict in Uganda which shall include information on: (1) individuals or entities that are providing support for the Lord's Resistance Army, including a description of any such support provided by the Government of Sudan or by senior officials of such Government; (2) activities of the Lord's Resistance Army that prohibit the provision of humanitarian assistance or the protection of the civilian population in Uganda; (3) practices employed by the Ugandan People's Defense Forces in northern and eastern Uganda to ensure that children and civilians are protected; and (4) actions carried out by the United States, Uganda, or the international community to protect displaced civilians, especially women and children. | {"src": "billsum_train", "title": "A bill to require a report on the conflict in Uganda, and for other purposes."} | 1,591 | 505 | 0.624024 | 2.221397 | 0.733408 | 7.555785 | 3.254132 | 0.989669 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Crisis of 2008 Criminal
Investigation and Prosecution Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Federal Bureau of Investigation (FBI) has testified
that ``today's financial crisis dwarves the S&L crisis as
financial institutions have reduced their assets by more than
$1 trillion related to the current global financial crisis
compared to the estimated $160 million lost during the S&L
crisis.'' (Testimony by Mr. John Pistole, Deputy Director of
the Federal Bureau of Investigations of the United States
Department of Justice before the U.S. Senate Committee on the
Judiciary, February 11, 2009).
(2) The FBI has testified that mortgage fraud was such a
major contributor to the current global financial crisis that:
``it would be irresponsible to neglect mortgage fraud's impact
on the U.S. housing and financial markets''.
(3) In the late 1980s and early 1990s, the United States
experienced a similar financial crisis with the collapse of the
Savings and Loan institutions. Again, according to Deputy
Director Pistole, ``the Department of Justice (DOJ), [and more
specifically the FBI], were provided a number of tools through
the Financial Institutions Reform, Recovery and Enforcement Act
of 1989 (FIRREA) and Crime Control Act of 1990 (CCA) to combat
the aforementioned crisis. As stated in Senate Bill 331 dated
January 27, 2009, `in the wake of the Savings and Loan crisis
of the 1980s, a series of strike forces based in 27 cities was
staffed with 1,000 FBI agents and forensic experts and dozens
of Federal prosecutors'.''.
(4) Fraud also played a decisive role in the Savings and
Loan crisis. The FBI and Justice Department made prosecuting
those elite frauds among its highest priorities. This took a
massive commitment of FBI resources, but it produced the most
successful prosecution of an epidemic of elite fraud in
history--over 1,000 ``priority'' felony convictions of senior
insiders, according to Professor William K. Black in his book
``The Best Way to Rob a Bank is to Own One''.
(5) However, the FBI, because of its crippling personnel
limitations, has been unable to assign sufficient FBI agents
assigned to investigate the current global financial crisis.
The FBI identified the mortgage fraud ``epidemic'' in
congressional testimony in September 2004. It had so few white-
collar crime specialists available, however, that it was able
to assign only 120 special agents to mortgage fraud cases--less
than one-eighth the agents it found essential to respond
adequately to the huge, but far smaller, Savings and Loan
crisis.
(6) Given the magnitude of the financial crisis of 2008 and
the resulting losses and billions of taxpayer dollars spent to
keep the financial system from collapsing, the FBI should have
no less than 1,000 agents to address corporate, securities, and
mortgage fraud located across the country, and, in addition,
more forensic experts and Federal prosecutors to uncover the
crimes committed and bring the perpetrators to justice.
(7) This authorization is expected to bring the FBI and
prosecutorial staffing to the necessary levels to investigate
complex financial crimes and prosecute those who have committed
these crimes.
SEC. 3. ALLOWABLE USE OF FUNDS.
The funds authorized in this Act shall be used for the following:
(1) The hiring of additional employees, including the
hiring of 1,000 FBI agents and, in addition, a sufficient
number of forensic experts, by the Director of the Federal
Bureau of Investigation in the Department of Justice to
investigate corporate, securities, and mortgage fraud, and
associated violations of the law relating to the United States
financial markets.
(2) The hiring of additional employees by the Attorney
General of the Department of Justice to prosecute violations of
the laws relating to the United States financial markets.
(3) The hiring of additional employees by the Chair of the
Securities and Exchange Commission Division of Enforcement to
investigate and prosecute violations of the law relating to
United States financial markets.
SEC. 4. AUTHORIZATIONS.
There are authorized to be appropriated to carry out this Act such
sums as necessary for fiscal year 2009, fiscal year 2010, fiscal year
2011, and fiscal year 2012. Such sums shall be available until
obligated. | Financial Crisis of 2008 Criminal Investigation and Prosecution Act of 2009 - Authorizes appropriations for FY2009-FY2012 for the Director of the Federal Bureau of Investigation (FBI) to hire 1,000 FBI agents as well as additional forensic experts to investigate corporate, securities, and mortgage fraud, and associated violations of law relating to the U.S. financial markets.
Authorizes the hiring also of additional employees by the Attorney General and by the Chair of the Securities and Exchange Commission (SEC) Division of Enforcement to conduct related investigations and prosecutions. | {"src": "billsum_train", "title": "To provide additional resources for Federal investigations and prosecutions of crimes related to the 2008 Financial Crisis, and for other purposes."} | 948 | 118 | 0.460863 | 1.336285 | 0.620355 | 3.785714 | 9.22449 | 0.908163 |
SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Free trade agreements improve the income and prosperity
of the citizens of participating countries because open markets
increase competition, eliminate inefficiencies, and result in
lower costs to manufacturers and consumers.
(2) The 21 member economies of APEC represent over half of
world production and almost half of global trade. In November
of 1994, leaders of members economies of APEC declared their
commitment to achieving ``free and open trade'' in the region
by the year 2020 in the case of developing countries and 2010
in the case of developed countries.
(3) Continued economic growth through the creation of new
opportunities for trade and investment, and the economic and
political stability resulting from diminishing the proclivity
of governments to establish and maintain tariff and nontariff
trade barriers, is vital to the strategic and economic
interests of the United States in the Pacific Rim region.
(4) The financial crisis affecting Asia, and associated
macroeconomic factors, have resulted in a severe disruption of
the pattern of rapid United States export growth that was the
dominant pattern of United States trade with the region during
the years 1989-1997.
(5) At a difficult time in the world economy, which is
increasing pressures on countries to turn inward and adopt
protectionist policies, free trade agreement negotiations
provide additional leverage to achieve market opening measures
for United States goods and services.
(6) Many countries in the region, including New Zealand,
Australia, and Singapore, are long-time allies of the United
States in working to increase economic growth through trade
liberalization, both in the World Trade Organization and in
APEC.
(7) Building closer ties and coordinating with countries
whose interests are largely friendly to the United States will
have immense payoffs as the trade negotiations to achieve trade
liberalization described in paragraph (6) proceed early in the
next century.
(8) In particular, the United States must continue to
promote its interests in the Asia-Pacific region through an
aggressive short- and long-term trade and investment
negotiating agenda.
(9) Bilateral trade agreement negotiations have been shown
to exert constructive influence on multilateral and regional
trade negotiations. Typically, bilateral trade talks enlarge
common areas of agreement on trade disciplines that can then be
advanced more successfully in the context of a larger
negotiation, among additional trading partners.
(10) Trade and investment disputes between the United
States and Pacific Rim countries could be more effectively
resolved in the context of mutually agreed-upon disciplines and
dispute settlement mechanisms rather than issue-by-issue
confrontations under section 301 of the Trade Act of 1974 or
other trade remedy laws.
(11) By providing a firm foundation for enhanced
cooperation, free trade agreements between the United States
and Pacific Rim countries, whose economies are becoming
increasingly complementary and interdependent, will help ensure
mutually beneficial economic and political relations.
(12) Free trade agreements, by enhancing market access and
the understanding of United States firms with respect to
competing effectively in Pacific Rim markets, will thereby
assist in stabilizing the bilateral trade balance between the
United States and countries in the Pacific Rim.
SEC. 2. UNITED STATES TRADE POLICY WITH ELIGIBLE PACIFIC RIM COUNTRIES.
It shall be the policy of the United States to seek the elimination
of tariff and nontariff barriers and to achieve more open, equitable,
and reciprocal market access through the negotiation of bilateral free
trade agreements with eligible Pacific Rim countries. These nontariff
barriers include--
(1) regulatory and other barriers that deny national
treatment and the right of establishment for trade in services;
(2) denial of national treatment to foreign direct
investment;
(3) lack of adequate protection for copyrights, patents,
trademarks, semiconductor chips, layout designs, trade secrets,
and other forms of intellectual property;
(4) arbitrary and discriminatory sanitary, phytosanitary,
or technical standards;
(5) government measures such as price controls, reference
pricing, and unreasonable restrictions on listings for
government-established formularies which deny full market
access for United States products; and
(6) unfair or trade-distorting activities of State trading
enterprises and other administrative mechanisms.
SEC. 3. PRENEGOTIATION CONSULTATIONS.
(a) Preliminary Consultations.--Within 60 days after the date of
the enactment of this Act, the President shall identify, and initiate
preliminary consultations with the government of, each eligible Pacific
Rim country.
(b) Ministerial Meeting.--If preliminary consultations indicate
that the establishment of a free trade area between the United States
and an eligible Pacific Rim country is potentially feasible and
desirable, the President shall, within 60 days after the preliminary
consultations are completed, request a meeting at the ministerial level
with the government of that country to consider the conditions under
which formal negotiations regarding a free trade agreement could be
commenced.
(c) ITC Advice.--Within 6 months after the end of each ministerial
meeting held under subsection (b) with the government of an eligible
Pacific Rim country, the United States International Trade Commission
shall advise the President regarding the probable economic effects of
providing duty-free treatment for such articles that are products of
that country on industries in the United States producing like or
directly competitive articles and on consumers in the United States.
SEC. 4. MINISTERIAL MEETING RECOMMENDATIONS.
At each ministerial meeting convened pursuant to section 3(b), the
President shall recommend the establishment of a council comprised of
appropriate public and private sector officials from the respective
countries. The functions of the council are--
(1) to review and analyze the aspects of the existing
bilateral relationship as they relate to the negotiation of a
free trade agreement, including--
(A) trade and investment practices and impediments;
(B) differences in customs laws and procedures;
(C) the harmonization of trade statistics and other
economic data; and
(D) the status of bilateral disputes and exchange
of information on disputed practices; and
(2) within 6 months after its establishment, to issue a
report on the overall bilateral relationship and the prospects
for a successful negotiation of a free trade agreement that
addresses the possible benefits and adverse effects of
concluding a free trade agreement and examines the types of
dispute settlement mechanisms that would be appropriate to
effectively resolve bilateral trade problems.
SEC. 5. PRESIDENTIAL DETERMINATION REGARDING THE FEASIBILITY AND
DESIRABILITY OF NEGOTIATING FREE TRADE AGREEMENTS WITH
ELIGIBLE COUNTRIES.
(a) Determination and Report.--Not later than 6 months after
receiving any report prepared by a bilateral council established under
section 4, the President, after receiving advice from the Advisory
Committee for Trade Policy Negotiations established under section
135(b) of the Trade Act of 1974, and taking into account--
(1) the policy set forth in section 2, and
(2) the advice of the International Trade Commission under
section 3(c),
shall make a determination on the feasibility and desirability of
commencing formal negotiations regarding a free trade agreement with an
eligible Pacific Rim country or countries to which the report relates,
and shall submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives on that
determination.
(b) Factors in Making Determination.--In making a determination on
the feasibility and desirability of establishing a free trade area
between the United States and an eligible country, the President shall
consider whether that country--
(1) is a member of the World Trade Organization;
(2) has expressed an interest in negotiating a bilateral
free trade agreement with the United States;
(3) has pursued substantive trade liberalization and
undertaken structural economic reforms in order to achieve an
economy governed by market forces, fiscal restraint, and
international trade disciplines and, as a result, has achieved
a largely open economy;
(4) has demonstrated a broad affinity for United States
trade policy objectives and initiatives;
(5) is an active participant in preparations of the General
Council of the World Trade Organization for the 3d Ministerial
Conference of the World Trade Organization which will be held
in the United States from November 30 to December 3, 1999, and
has demonstrated a commitment to United States objectives with
respect to an accelerated negotiating round of the World Trade
Organization;
(6) is working consistently to eliminate export performance
requirements or local content requirements;
(7) seeks the harmonization of domestic and international
standards in a manner that ensures transparency and
nondiscrimination among the member economies of APEC;
(8) is increasing the economic opportunities available to
small- and medium-sized businesses through deregulation;
(9) is working consistently to eliminate barriers to trade
in services;
(10) provides national treatment for foreign direct
investment;
(11) is working consistently to accommodate market access
objectives of the United States;
(12) is working constructively to resolve trade disputes
with the United States and displays a clear intent to continue
to do so;
(13) is a country whose bilateral trade relationship with
the United States will benefit from improved dispute settlement
mechanisms; and
(14) is a country whose market for products and services of
the United States will be significantly enhanced by eliminating
substantially all tariff and nontariff barriers and structural
impediments to trade.
SEC. 6. CONSULTATIONS WITH CONGRESSIONAL COMMITTEES.
The President shall consult with the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
on a regular basis with respect to the implementation of each of the
provisions of this Act.
SEC. 7. ELIGIBLE PACIFIC RIM COUNTRIES.
As used in this Act:
(1) APEC.--The term ``APEC'' means the Asian Pacific
Economic Cooperation Forum.
(2) Eligible pacific rim country.--The term ``eligible
Pacific Rim country'' means any country that is a WTO member
(as defined in section 2 of the Uruguay Round Agreements Act
(19 U.S.C. 3501) and is a member economy of APEC. | Declares it to be U.S. policy to seek the elimination of certain tariff and nontariff barriers and to achieve more open, equitable, and reciprocal market access through the negotiation of bilateral free trade agreements with eligible Pacific Rim countries.
Directs the President: (1) to initiate preliminary consultations with the government of each eligible Pacific Rim country within 60 days after enactment of this Act; (2) if such consultations indicate that establishment of a free trade area between the United States and the country is feasible and desirable, to request a meeting at the ministerial level to consider the conditions for formal negotiations; and (3) to recommend establishment of a council of public and private sector officials from the respective countries to analyze and report on the existing bilateral relationship and the prospects for a successful negotiation.
Directs the President to report to specified congressional committees on the feasibility of commencing formal negotiations regarding a free trade agreement with a Pacific Rim country. | {"src": "billsum_train", "title": "To encourage the establishment of free trade areas between the United States and certain Pacific Rim countries."} | 2,154 | 201 | 0.461219 | 1.448483 | 0.704182 | 5.061453 | 11.413408 | 0.960894 |
SECTION 1. APPEALS PROCESS.
(a) Reference.--Whenever in this section 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 title 5, United States Code.
(b) Time Period for Decision.--Section 8118 is amended by adding at
the end the following:
``(f) A final decision by the agency which first receives a claim
shall be made within 90 days of the date the claim is received by the
agency. If a final decision on a claim is not made within such 90 days,
the claimant shall be authorized continuation of pay under section 8118
from the date compensation benefits were terminated until a final
decision is made on such claim.''.
(c) Claimant's Physician.--Section 8123(a) is amended by adding at
the end the following: ``The Secretary shall provide the claimant's
physician with the same opportunity and information as was provided to
the physician acting for the Secretary, including the statement of
accepted facts and all medical information in the claimant's file.''.
(d) Physician Fees.--Section 8123(c) is amended by adding at the
end the following: ``The fees paid to physicians acting for the
Secretary shall not exceed the fees paid for the claimant's physicians.
The claimant's physician and bills for medical services provided the
claimant shall be paid within 60 days of the submission of an approved
claim.''.
(e) Hearing Date.--Section 8124(b)(1) is amended--
(1) by adding after the first sentence the following: ``The
hearing shall be held within 90 days of the date the request
for a hearing is received by the Secretary.'', and
(2) by adding at the end the following: ``If the Secretary
does not hold a hearing within 90 days of the date the hearing
is requested or if the Secretary does not issue a further
decision within 30 days after the hearing ends, the
compensation benefits for any claimant challenging a
suspension, termination, or reduction in benefits shall be
reinstated from the date such benefits were terminated until
such time as a decision has been made.''.
(f) Conduct of Hearing.--
(1) Administrative law judges.--Section 8124(b)(1) is
amended by striking ``on his claim before a representative of
the Secretary.'' and inserting a period and the following:
``The hearing shall be conducted by administrative law judges
of the Department of Labor.''
(2) Claimant's authority.--Paragraph (2) of section 8124(b)
is amended to read as follows:
``(2) In conducting the hearing the Secretary shall follow the
requirements of chapter 5 of part I. The claimant shall have the right
to confront and cross examine all adverse witnesses and present such
evidence as the claimant feels necessary for consideration of the
claim. The claimant's employer shall not be present at the hearing but
shall be provided an opportunity to comment on the transcript of the
hearing.''.
(g) Appeals.--Section 8124 is amended--
(1) in subsection (a), by adding after and below paragraph
(2) the following: ``After a decision has been made by the
Secretary on a claim under this subsection there shall be no
further administrative proceedings on the claim. The claimant
may make an appeal for judicial review of the Secretary's
decision within 90 days of the date the decision is received by
the claimant in accordance with chapter 7 of part I.'', and
(2) by adding at the end the following:
``(c) After a decision has been made by the Secretary after a
hearing on a claim there shall be no further administrative proceedings
on the claim. The claimant may make an appeal for judicial review in
accordance with chapter 7 of part I.''.
(h) Attorneys' Fees.--Section 8127 is amended by adding at the end
the following:
``(c) Except as provided in subsection (d), claimant's attorney or
representative shall be entitled to receive a fee of 25 percent of the
benefits awarded to the claimant or $5,000, whichever is less. The
Secretary shall take such action as may be necessary to assure that
payment is made directly to the attorney.
``(d) If the claimant prevails in a decision of a Federal court
under chapter 7 of part I, the claimant's attorney shall be paid by the
Secretary, but not from the claimant's award, for the work of such
attorney if the position of the Secretary with respect to such claimant
was found under section 2412(c) of title 28 to be not substantially
justified.''.
(i) Review of Award.--Section 8128 is amended by striking out
subsection (b) and by striking out ``(a)'' in subsection (a).
(j) Mortgagees and Other Secured Creditors.--Section 8130 is
amended by adding at the end the following: ``If a mortgagee or other
secured creditor of the primary residential dwelling of a claimant
agrees to forebear foreclosure or forfeiture of such dwelling until a
final decision is rendered on the claim of the claimant under this
chapter, the claimant may give security under rules promulgated by the
Secretary to ensure direct payment from the approved award of the
Secretary on such claim to such mortgagee or other secured creditor for
all delinquent payments, including interest. The Secretary shall not
pay, and no liens shall be given, for attorneys' fees, recording costs,
penalty clauses, or other charges other than delinquent payments,
including interest, to such mortgagee or other secured creditor. No
mortgagee or other secured creditor may hold a lien on the claimant's
primary residential dwelling for any amount in addition to claimant's
delinquent payments, including interest.''.
(k) Subrogations and Adjustments.--Section 8132 is amended by
adding at the end the following: ``In no case shall a subrogation
secured under section 8131 or an adjustment after recovery made under
this section exceed the amount the claimant received in an action
brought against a person other than the United States for lost wages
and medical expenses. In a subrogation under section 8131, the
Secretary may not bring an action for loss of consortium or other
compensatory or punitive damages other than damages for lost wages and
medical expenses.''.
(l) Employee's Compensation Appeals Board.--Section 8149 is amended
by striking out the second sentence. | Amends Federal civil service law to revise the appeals process under provisions for workers' compensation for Federal employees. | {"src": "billsum_train", "title": "To change the appeals process in the workers' compensation provisions of title 5, United States Code."} | 1,460 | 26 | 0.36459 | 0.897523 | -0.032226 | 0.75 | 65.9 | 0.65 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Job Opportunities Between our Shores
Act'' or the ``JOBS Act''.
SEC. 2. PILOT PROGRAM TO SUPPORT ADVANCED MANUFACTURING WORKFORCE
DEVELOPMENT.
Section 169 of the Workforce Innovation and Opportunity Act is
amended by adding at the end the following:
``(d) Advanced Manufacturing Workforce Development Program.--
``(1) In general.--Under a plan published under subsection
(b), the Secretary shall, through grants or contracts, carry
out demonstration and pilot projects for the purpose of
facilitating education and training programs in the field of
advanced manufacturing. Such projects shall--
``(A) target skills and competency development in
communities with expected growth in advanced
manufacturing;
``(B) provide education and training for available
jobs or job openings that are anticipated in advanced
manufacturing which result in an industry-recognized
and nationally portable credential, including an
educational certificate or degree, an occupational
license, an industry-sponsored certificate or
certification, as well as a registered apprenticeship
certificate or degree;
``(C) educate individuals about opportunities for
career advancement within advanced manufacturing; and
``(D) give priority to incumbent workers,
dislocated workers, and unemployed individuals.
``(2) Eligible entities.--
``(A) In general.--The following entities in any of
the several States or territories, in partnership with
a manufacturer who employs individuals with advanced
manufacturing skills, shall be eligible to receive a
grant or be party to a contract under a project
established under paragraph (1):
``(i) An individual community or technical
college, such as a public community college, a
nonprofit community college, a tribally
controlled college, or a tribally controlled
university.
``(ii) A community college district.
``(iii) A State community college system.
``(iv) A local workforce investment board,
in partnership with one or more one-stop career
centers, that specifies one or more community
or technical colleges where education and
training activities will occur.
``(v) Other entity that would serve
educationally underserved communities.
``(B) Priority.--The Secretary shall give priority
to any consortia of the entities described in
subparagraph (A) that leverage substantial non-Federal
funding for the program.
``(3) Application.--Applications from eligible entities
described in paragraph (2) shall be submitted at such time and
in such form and manner as the Secretary shall determine, but
shall include the following:
``(A) A description of the eligible entity or
entities, evidence of each eligible entity's capacity
to carry out activities in support of the strategic
objectives described in paragraph (1), a description of
the expected participation and responsibilities of the
eligible entity, or each of the eligible entities in
the case of a consortium.
``(B) A description of education and training
activities to be provided that will--
``(i) develop skills and competencies
demanded by advanced manufacturing firms;
``(ii) lead to an employer- or industry-
recognized credential; and
``(iii) educate individuals about
opportunities for career advancement and wage
growth within advanced manufacturing.
``(C) A description of how the economy where the
entity resides would benefit, including--
``(i) evidence of the growth of advanced
manufacturing in State or locality;
``(ii) the potential for additional job
growth with investments in advanced
manufacturing; and
``(iii) exposure of incumbent or dislocated
workers to new advanced manufacturing
technology skill sets.
``(D) A description of how the eligible entity
would employ evidence-based training models that
integrate academic instruction with training, including
on-the-job training in advanced manufacturing to meet
performance goals described in paragraph (6).
``(E) A description of how the eligible entity will
coordinate with State or local workforce investment
boards and State or local economic development
officials.
``(4) Activities.--Activities to be carried out under a
project funded under paragraph (1) may include--
``(A) classroom and on-site experiential learning;
``(B) on-the-job training;
``(C) training which fits into an industry-
recognized competency model for advanced manufacturing;
``(D) development and implementation of registered
apprenticeship and pre-apprenticeship programs;
``(E) coordination with local workforce investment
boards implementing and utilizing existing articulation
agreements with universities and other educational
partners;
``(F) distance learning; and
``(G) any other activity the Secretary considers
appropriate for training in advanced manufacturing.
``(5) Performance goals and measures.--
``(A) Goals.--The goals of the activities described
in paragraph (4) shall be to--
``(i) enhance the skill-sets of incumbent
workers who live in communities with expected
growth in advanced manufacturing, and for such
workers to obtain an industry-recognized and
nationally portable credential including an
educational certificate or degree;
``(ii) develop competencies for individuals
with limited experience in advanced
manufacturing;
``(iii) strengthen community college
partnerships with advanced manufacturing firms
in an effort to meet firms' needs for
adaptability in training of incumbent workers;
``(iv) strengthen partnerships with local
workforce investment boards and, if applicable,
local education agencies; and
``(v) help incumbent workers develop skills
which lead to greater earnings.
``(B) Measures.--The Secretary shall negotiate and
reach agreement with the eligible entities that receive
grants and assistance under this subsection on
performance measures that will be used to evaluate the
performance of the eligible entity in carrying out the
activities described in paragraph (4). Each performance
measure shall consist of such an indicator of
performance and may include--
``(i) the number of workers, including
dislocated workers and unemployed individuals,
receiving employer- or industry-recognized
credentials;
``(ii) the number of workers, including
dislocated workers and unemployed individuals,
attaining basic skills, as described in an
industry-recognized and nationally portable
competency model for advanced manufacturing;
``(iii) the number of incumbent workers
whose training meets employer's worker-skill
needs to enhance operations;
``(iv) earnings growth as a result of
additional training provided through
partnership; and
``(v) other measures the Secretary
determines necessary to meet goals described in
subparagraph (A).
``(6) Evaluation.--Beginning not later than 1 year after
the date of the first disbursement of funds under this
subsection, the Secretary shall provide for the continuing
evaluation of the programs funded under this subsection, as
required by section 172, and shall transmit a report of the
evaluation to Congress not later than 2 years after such
date.''.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if enacted as
part of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.). | Job Opportunities Between our Shores Act or the JOBS Act Amends the Workforce Innovation and Opportunity Act to direct the Secretary of Labor to make grants to or enter into contracts with eligible entities to carry out demonstration and pilot projects that provide education and training programs for jobs in advanced manufacturing. Prescribes requirements for project activities and performance goals and measures. | {"src": "billsum_train", "title": "JOBS Act"} | 1,547 | 73 | 0.540837 | 1.338511 | 0.907169 | 2.507692 | 23.138462 | 0.876923 |
SECTION 1. NATIONAL HEALTH MUSEUM PROPERTY.
(a) Short Title and Purpose.--
(1) Short title.--This section may be cited as the
``National Health Museum Site Selection Act''.
(2) Purpose.--The purpose of this section is to further
section 703 of the National Health Museum Development Act (20
U.S.C. 50 note; Public Law 105-78), which provides that the
National Health Museum shall be located on or near the Mall on
land owned by the Federal Government or the District of
Columbia.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Museum.--The term ``Museum'' means the National Health
Museum, Inc., a District of Columbia nonprofit corporation
exempt from Federal income taxation under section 501(c)(3) of
the Internal Revenue Code of 1986.
(3) Property.--The term ``property'' means--
(A) a parcel of land identified as Lot 24 and a
closed interior alley in Square 579 in the District of
Columbia, generally bounded by 2nd, 3rd, C, and D
Streets, S.W.; and
(B) all improvements on and appurtenances to the
land and alley.
(c) Conveyance of Property.--
(1) In general.--The Administrator shall convey to the
Museum all rights, title, and interest of the United States in
and to the property.
(2) Purpose of conveyance.--The purpose of the conveyance
is to provide a site for the construction and operation of a
new building to serve as the National Health Museum, including
associated office, educational, conference center, visitor and
community services, and other space and facilities appropriate
to promote knowledge and understanding of health issues.
(3) Date of conveyance.--
(A) Notification.--Not later than 3 years after the
date of enactment of this Act, the Museum shall notify
the Administrator in writing of the date on which the
Museum will accept conveyance of the property.
(B) Date.--The date of conveyance shall be--
(i) not less than 270 days and not more
than 1 year after the date of the notice; but
(ii) not earlier than April 1, 2001, unless
the Administrator and the Museum agree to an
earlier date.
(C) Effect of failure to notify.--If the Museum
fails to provide the notice to the Administrator by the
date described in subparagraph (A), the Museum shall
have no further right to the property.
(4) Quitclaim deed.--The property shall be conveyed to the
Museum vacant and by quitclaim deed.
(5) Purchase price.--
(A) In general.--The purchase price for the
property shall be the fair market value of the property
as of the date of enactment of this Act.
(B) Timing; appraisers.--The determination of fair
market value shall be made not later than 180 days
after the date of enactment of this Act by qualified
appraisers jointly selected by the Administrator and
the Museum.
(D) Report to congress.--Promptly upon the
determination of the purchase price, and in any event
at least sixty days in advance of the conveyance of the
property, the Administrator shall report to Congress as
to the purchase price.
(E) Deposit of purchase price.--The Administrator
shall deposit the purchase price into the Federal
Buildings Fund established by section 210(f) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 490(f)).
(d) Reversionary Interest in the United States.--
(1) In general.--The property shall revert to the United
States if--
(A) during the 50-year period beginning on the date
of conveyance of the property, the property is used for
a purpose not authorized by subsection (c)(2);
(B) during the 3-year period beginning on the date
of conveyance of the property, the Museum does not
commence construction on the property, other than for a
reason not within the control of the Museum; or
(C) the Museum ceases to be exempt from Federal
income taxation as an organization described in section
501(c)(3) of the Internal Revenue Code of 1986.
(2) Repayment.--If the property reverts to the United
States, the United States shall repay the Museum the full
purchase price for the property, without interest.
(e) Authority of Museum Over Property.--The Museum may--
(1) demolish or renovate any existing or future improvement
on the property;
(2) build, own, operate, and maintain new improvements on
the property;
(3) finance and mortgage the property on customary terms
and conditions; and
(4) manage the property in furtherance of this section.
(f) Land Use Approvals.--
(1) Effect on other authority.--Nothing in this section
shall be construed to limit the authority of the National
Capital Planning Commission or the Commission of Fine Arts.
(2) Cooperation concerning zoning.--
(A) In general.--The United States shall cooperate
with the Museum with respect to any zoning or other
matter relating to--
(i) the development or improvement of the
property; or
(ii) the demolition of any improvement on
the property as of the date of enactment of
this Act.
(B) Zoning applications.--Cooperation under
subparagraph (A) shall include making, joining in, or
consenting to any application required to facilitate
the zoning of the property.
(g) Environmental Hazards.--Costs of remediation of any
environmental hazards existing on the property, including all asbestos-
containing materials, shall be borne by the United States.
Environmental remediation shall commence immediately upon the vacancy
of the building and shall be completed not later than 270 days from the
date of the notice to the Administrator described in subsection
(c)(3)(A).
(h) Reports.--Following the date of enactment of this Act and
ending on the date that the National Health Museum opens to the public,
the Museum shall submit annual reports to the Administrator and
Congress, regarding the status of planning, development, and
construction of the National Health Museum. | Requires the Museum to provide written notification to the Administrator of the date on which it will accept conveyance of the property.
Sets forth provisions regarding the purchase price for the property, including requiring the Administrator to report the purchase price to Congress and to deposit it into the Federal Buildings Fund.
Provides for reversion of the property to the United States and repayment of the purchase price to the Museum if : (1) it is used for a purpose other than construction and operation of the Museum; (2) the Museum does not commence construction on the property within three years after conveyance, other than for a reason not within the Museum's control; or (3) the Museum ceases to be a nonprofit corporation.
Permits the Museum to: (1) demolish or renovate any existing or future improvement on the property; (2) build, own, operate, and maintain new improvements on the property; (3) finance and mortgage the property on customary terms and conditions; and (4) manage the property.
Requires the United States to cooperate with the Museum on any zoning or other matter relating to the development or improvement of the property or the demolition of any improvement.
Requires the costs of remediation of any environmental hazards existing on the property, including all asbestos-containing materials, to be borne by the United States.
Requires the Museum to submit annual reports to the Administrator and Congress on the status of planning, development, and construction of the Museum. | {"src": "billsum_train", "title": "National Health Museum Site Selection Act"} | 1,383 | 308 | 0.572672 | 1.892302 | 0.564424 | 4.572917 | 4.267361 | 0.927083 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Denying Safe
Havens to International and War Criminals Act of 1999''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS
Sec. 101. Temporary transfer of persons in custody for prosecution.
Sec. 102. Prohibiting fugitives from benefiting from fugitive status.
Sec. 103. Transfer of foreign prisoners to serve sentences in country
of origin.
Sec. 104. Transit of fugitives for prosecution in foreign countries.
TITLE II--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST
INTERNATIONAL CRIME
Sec. 201. Streamlined procedures for execution of MLAT requests.
Sec. 202. Temporary transfer of incarcerated witnesses.
TITLE III--ANTI-ATROCITY ALIEN DEPORTATION
Sec. 301. Inadmissibility and removability of aliens who have committed
acts of torture abroad.
Sec. 302. Establishment of the Office of Special Investigations.
TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS
SEC. 101. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION.
(a) In General.--Chapter 306 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4116. Temporary transfer for prosecution
``(a) State Defined.--In this section, the term `State' includes a
State of the United States, the District of Columbia, and a
commonwealth, territory, or possession of the United States.
``(b) Authority of Attorney General With Respect to Temporary
Transfers.--
``(1) In general.--Subject to subsection (d), if a person
is in pretrial detention or is otherwise being held in custody
in a foreign country based upon a violation of the law in that
foreign country, and that person is found extraditable to the
United States by the competent authorities of that foreign
country while still in the pretrial detention or custody, the
Attorney General shall have the authority--
``(A) to request the temporary transfer of that
person to the United States in order to face
prosecution in a Federal or State criminal proceeding;
``(B) to maintain the custody of that person while
the person is in the United States; and
``(C) to return that person to the foreign country
at the conclusion of the criminal prosecution,
including any imposition of sentence.
``(2) Requirements for requests by attorney general.--The
Attorney General shall make a request under paragraph (1) only
if the Attorney General determines, after consultation with the
Secretary of State, that the return of that person to the
foreign country in question would be consistent with
international obligations of the United States.
``(c) Authority of Attorney General With Respect to Pretrial
Detentions.--
``(1) In general.--
``(A) Authority of attorney general.--Subject to
paragraph (2) and subsection (d), the Attorney General
shall have the authority to carry out the actions
described in subparagraph (B), if--
``(i) a person is in pretrial detention or
is otherwise being held in custody in the
United States based upon a violation of Federal
or State law, and that person is found
extraditable to a foreign country while still
in the pretrial detention or custody pursuant
to section 3184, 3197, or 3198; and
``(ii) a determination is made by the
Secretary of State and the Attorney General
that the person will be surrendered.
``(B) Actions.--If the conditions described in
subparagraph (A) are met, the Attorney General shall
have the authority to--
``(i) temporarily transfer the person
described in subparagraph (A) to the foreign
country of the foreign government requesting
the extradition of that person in order to face
prosecution;
``(ii) transport that person from the
United States in custody; and
``(iii) return that person in custody to
the United States from the foreign country.
``(2) Consent by state authorities.--If the person is being
held in custody for a violation of State law, the Attorney
General may exercise the authority described in paragraph (1)
if the appropriate State authorities give their consent to the
Attorney General.
``(3) Criterion for request.--The Attorney General shall
make a request under paragraph (1) only if the Attorney General
determines, after consultation with the Secretary of State,
that the return of the person sought for extradition to the
foreign country of the foreign government requesting the
extradition would be consistent with United States
international obligations.
``(4) Effect of temporary transfer.--With regard to any
person in pretrial detention--
``(A) a temporary transfer under this subsection
shall result in an interruption in the pretrial
detention status of that person; and
``(B) the right to challenge the conditions of
confinement pursuant to section 3142(f) does not extend
to the right to challenge the conditions of confinement
in a foreign country while in that foreign country
temporarily under this subsection.
``(d) Consent by Parties To Waive Prior Finding of Whether a Person
Is Extraditable.--The Attorney General may exercise the authority
described in subsections (b) and (c) absent a prior finding that the
person in custody is extraditable, if the person, any appropriate State
authorities in a case under subsection (c), and the requesting foreign
government give their consent to waive that requirement.
``(e) Return of Persons.--
``(1) In general.--If the temporary transfer to or from the
United States of a person in custody for the purpose of
prosecution is provided for by this section, that person shall
be returned to the United States or to the foreign country from
which the person is transferred on completion of the
proceedings upon which the transfer was based.
``(2) Statutory interpretation.--In no event shall the
return of a person under paragraph (1) require extradition
proceedings.''.
(b) Clerical Amendment.--The analysis for chapter 306 of title 18,
United States Code, is amended by adding at the end the following:
``4116. Temporary transfer for prosecution.''.
SEC. 102. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS.
(a) In General.--Chapter 163 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2466. Fugitive disentitlement
``A person may not use the resources of the courts of the United
States in furtherance of a claim in any related civil forfeiture action
or a claim in third party proceedings in any related criminal
forfeiture action if that person--
``(1) purposely leaves the jurisdiction of the United
States;
``(2) declines to enter or reenter the United States to
submit to its jurisdiction; or
``(3) otherwise evades the jurisdiction of the court in
which a criminal case is pending against the person.''.
(b) Clerical Amendment.--The analysis for chapter 163 of title 28,
United States Code, is amended by adding at the end the following:
``2466. Fugitive disentitlement.''.
SEC. 103. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY
OF ORIGIN.
Section 4100(b) of title 18, United States Code, is amended in the
third sentence by striking ``An offender'' and inserting ``Unless
otherwise provided by treaty, an offender''.
SEC. 104. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES.
(a) In General.--Chapter 305 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 4087. Transit through the United States of persons wanted in a
foreign country
``(a) In General.--The Attorney General may, in consultation with
the Secretary of State, permit the temporary transit through the United
States of a person wanted for prosecution or imposition of sentence in
a foreign country.
``(b) Limitation on Judicial Review.--A determination by the
Attorney General to permit or not to permit a temporary transit
described in subsection (a) shall not be subject to judicial review.
``(c) Custody.--If the Attorney General permits a temporary transit
under subsection (a), Federal law enforcement personnel may hold the
person subject to that transit in custody during the transit of the
person through the United States.
``(d) Conditions Applicable to Persons Subject to Temporary
Transit.--Notwithstanding any other provision of law, a person who is
subject to a temporary transit through the United States under this
section shall--
``(1) be required to have only such documents as the
Attorney General shall require; and
``(2) not be considered to be admitted or paroled into the
United States.''.
(b) Clerical Amendment.--The analysis for chapter 305 of title 18,
United States Code, is amended by adding at the end the following:
``4087. Transit through the United States of persons wanted in a
foreign country.''.
TITLE II--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST
INTERNATIONAL CRIME
SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS.
(a) In General.--Chapter 117 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 1785. Assistance to foreign authorities
``(a) In General.--
``(1) Presentation of requests.--The Attorney General may
present a request made by a foreign government for assistance
with respect to a foreign investigation, prosecution, or
proceeding regarding a criminal matter pursuant to a treaty,
convention, or executive agreement for mutual legal assistance
between the United States and that government or in accordance
with section 1782, the execution of which requires or appears
to require the use of compulsory measures in more than 1
judicial district, to a judge or judge magistrate of--
``(A) any 1 of the districts in which persons who
may be required to appear to testify or produce
evidence or information reside or are found, or in
which evidence or information to be produced is
located; or
``(B) the United States District Court for the
District of Columbia.
``(2) Authority of court.--A judge or judge magistrate to
whom a request for assistance is presented under paragraph (1)
shall have the authority to issue those orders necessary to
execute the request including orders appointing a person to
direct the taking of testimony or statements and the production
of evidence or information, of whatever nature and in whatever
form, in execution of the request.
``(b) Authority of Appointed Persons.--A person appointed under
subsection (a)(2) shall have the authority to--
``(1) issue orders for the taking of testimony or
statements and the production of evidence or information, which
orders may be served at any place within the United States;
``(2) administer any necessary oath; and
``(3) take testimony or statements and receive evidence and
information.
``(c) Persons Ordered To Appear.--A person ordered pursuant to
subsection (b)(1) to appear outside the district in which that person
resides or is found may, not later than 10 days after receipt of the
order--
``(1) file with the judge or judge magistrate who
authorized execution of the request a motion to appear in the
district in which that person resides or is found or in which
the evidence or information is located; or
``(2) provide written notice, requesting appearance in the
district in which the person resides or is found or in which
the evidence or information is located, to the person issuing
the order to appear, who shall advise the judge or judge
magistrate authorizing execution.
``(d) Transfer of Requests.--
``(1) In general.--The judge or judge magistrate may
transfer a request under subsection (c), or that portion
requiring the appearance of that person, to the other district
if--
``(A) the inconvenience to the person is
substantial; and
``(B) the transfer is unlikely to adversely affect
the effective or timely execution of the request or a
portion thereof.
``(2) Execution.--Upon transfer, the judge or judge
magistrate to whom the request or a portion thereof is
transferred shall complete its execution in accordance with
subsections (a) and (b).''.
(b) Clerical Amendment.--The analysis for chapter 117 of title 28,
United States Code, is amended by adding at the end the following:
``1785. Assistance to foreign authorities.''.
SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WITNESSES.
(a) In General.--Section 3508 of title 18, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 3508. Temporary transfer of witnesses in custody'';
(2) in subsection (a), by inserting ``In General.--'' after
``(a)''; and
(3) by striking subsections (b) and (c) and inserting the
following:
``(b) Transfer Authority.--
``(1) In general.--If the testimony of a person who is
serving a sentence, in pretrial detention, or otherwise being
held in custody in the United States, is needed in a foreign
criminal proceeding, the Attorney General shall have the
authority to--
``(A) temporarily transfer that person to the
foreign country for the purpose of giving the
testimony;
``(B) transport that person from the United States
in custody;
``(C) make appropriate arrangements for custody for
that person while outside the United States; and
``(D) return that person in custody to the United
States from the foreign country.
``(2) Persons held for state law violations.--If the person
is being held in custody for a violation of State law, the
Attorney General may exercise the authority described in this
subsection if the appropriate State authorities give their
consent.
``(c) Return of Persons Transferred.--
``(1) In general.--If the transfer to or from the United
States of a person in custody for the purpose of giving
testimony is provided for by treaty or convention, by this
section, or both, that person shall be returned to the United
States, or to the foreign country from which the person is
transferred.
``(2) Limitation.--In no event shall the return of a person
under this subsection require any request for extradition or
extradition proceedings.
``(d) Applicability of International Agreements.--If there is an
international agreement between the United States and the foreign
country in which a witness is being held in custody or to which the
witness will be transferred from the United States, that provides for
the transfer, custody, and return of those witnesses, the terms and
conditions of that international agreement shall apply. If there is no
such international agreement, the Attorney General may exercise the
authority described in subsections (a) and (b) if both the foreign
country and the witness give their consent.''.
(b) Clerical Amendment.--The analysis for chapter 223 of title 18,
United States Code, is amended by striking the item relating to section
3508 and inserting the following:
``3508. Temporary transfer of witnesses in custody.''.
TITLE III--ANTI-ATROCITY ALIEN DEPORTATION
SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE ABROAD.
(a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended by adding at the
end the following:
``(iii) Commission of acts of torture.--Any
alien who, outside the United States, has
committed any act of torture, as defined in
section 2340 of title 18, United States Code,
is inadmissible.''.
(b) Removability.--Section 237(a)(4)(D) of that Act (8 U.S.C.
1227(a)(4)(D)) is amended by striking ``clause (i) or (ii)'' and
inserting ``clause (i), (ii), or (iii)''.
(c) Effective Date.--The amendments made by this section shall
apply to offenses committed before, on, or after the date of enactment
of this Act.
SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) Amendment of the Immigration and Nationality Act.--Section 103
of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by
adding at the end the following:
``(g) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special
Investigations with the authority of investigating, and, where
appropriate, taking legal action to remove, denaturalize (as otherwise
authorized by law), or prosecute any alien found to be in violation of
clause (i), (ii), or (iii) of section 212(a)(3)(E).''.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Department of Justice for the fiscal year 2000 such sums as
may be necessary to carry out the additional duties established
under section 103(g) of the Immigration and Nationality Act (as
added by this Act) in order to ensure that the Office of
Special Investigations fulfills its continuing obligations
regarding Nazi war criminals.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) are authorized to remain available until
expended.
Passed the Senate November 4, 1999.
Attest:
GARY SISCO,
Secretary. | (Sec. 102) Amends the Federal judicial code to prohibit a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action if that person: (1) purposely leaves U.S. jurisdiction; (2) declines to enter or reenter the United States to submit to its jurisdiction; or (3) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person.
(Sec. 103) Makes inapplicable a provision permitting an offender to be transferred from the United States to a country of which the offender is a citizen or national when otherwise provided by treaty.
(Sec. 104) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country.
Title II: Promoting Global Cooperation in the Fight Against International Crime
- Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter the execution of which requires the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of any one of such districts or of the U.S. District Court for the District of Columbia. Grants such judge or magistrate the authority to issue orders to execute the request.
(Sec. 202) Revises Federal criminal code provisions regarding custody and return of foreign witnesses to grant the Attorney General the authority, if testimony of a person serving a sentence, in pretrial detention, or otherwise being held in custody in the United States is needed in a foreign criminal proceeding, to: (1) temporarily transfer that person to the foreign country for the purpose of giving testimony; (2) transport that person from the United States in custody; (3) make appropriate arrangements for custody for that person while outside the United States; and (4) return that person in custody to the United States from the foreign country. Allows the Attorney General to exercise such authority over persons held in custody for a State law violation if the appropriate State authorities consent.
Title III: Anti-Atrocity Alien Deportation
- Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed acts of torture abroad.
(Sec. 302) Directs the Attorney General to establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and remove, denaturalize, or prosecute alien participants of Nazi persecutions, genocide, or torture abroad. Authorizes appropriations. | {"src": "billsum_train", "title": "Denying Safe Havens to International and War Criminals Act of 1999"} | 4,168 | 601 | 0.702384 | 2.296393 | 0.644802 | 5.297665 | 7.101167 | 0.935798 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Benefits in Federal
Contracting Act of 1998''.
SEC. 2. HEALTH BENEFITS STANDARDS.
(a) Requirement.--
(1) General rule.--Except as provided in paragraph (2), any
employer under a Federal contract for an amount exceeding
$10,000 or a subcontract under a Federal contract for such an
amount shall, except as provided in subsection (b), provide
each of the employer's employees working on or hired in
conjunction with such contract or subcontract health benefits
that meet the requirements of this section.
(2) Exceptions.--
(A) Employers.--Paragraph (1) shall not apply to an
employer which is--
(i) a small business concern as defined
under section 3 of the Small Business Act (15
U.S.C. 632), or
(ii) a nonprofit organization exempt from
Federal income tax under section 501(c) of the
Internal Revenue Code of 1986 if the ratio of
the total compensation of its chief executive
officer to the compensation of the full-time
equivalent of its lowest paid employee is not
greater than 25 to 1.
(B) Employees.--The requirement of paragraph (1)
shall not apply to an employee who--
(i) is employed for less than 17-\1/2\
hours per week (on average) for the employer;
(ii) has health benefits coverage through
other employment or through employment of the
employee's spouse or parents; or
(iii) is participating in an apprenticeship
program, or any other training program which
does not exceed 6 months in duration and which
is offered to an employee while employed in
productive work that provides training,
technical and other related skills, and
personal skills that are essential to the full
and adequate performance of the employee's
employment.
(3) Scope.--An employer may not avoid the requirement of
paragraph (1)--
(A) by laying off or otherwise terminating the
employment of an employee with the intention of
replacing such employee with an employee who, under
subsection (b), is not eligible for the health care
benefits required by paragraph (1); or
(B) by reducing the number of hours of employment
of an employee with the intention of making the
employee ineligible for such benefits.
(4) Contract requirement.--Any contract between the Federal
Government and any contractor and any contract between such
contractor with a subcontractor to carry out work for the
Federal Government shall require the contractor or
subcontractor to provide the health benefits required by
paragraph (1).
(b) Required Health Benefits.--The health benefits required under
subsection (a) shall meet the following requirements:
(1) Scope of benefits.--The scope of benefits shall be at
least actuarially equivalent to the benefits under the health
benefits plan offered under chapter 89 of title 5, United
States Code, with the largest national enrollment.
(2) Employer contribution.--The employer contribution
towards such coverage--
(A) that only includes coverage for the employee,
shall be not less than the percentage contribution made
by the Federal Government under such chapter for
coverage described in paragraph (1) for non-family
coverage; and
(B) that includes coverage for family members,
shall be equal to the contribution described in
subparagraph (A) plus at least 50 percent of the
additional cost to obtain family coverage.
(c) Enforcement.--
(1) Termination.--If an employer does not provide the
health benefits required by subsection (a) the Federal contract
or subcontract under which such employer was employing
employees shall be terminated.
(2) Ineligibility.--An employer described in paragraph (1)
shall not be eligible for any Federal contract or subcontract
for a period of 5 years beginning on the date the employer does
not provide the required health benefits.
(3) Restitution.--An employer who does not provide the
health benefits required by subsection (a) shall be liable to
the United States in an amount equal to the unpaid benefits and
in addition an equal amount as liquidated damages. The
Secretary of Labor shall pay to the employees who were not
provided such benefits the amount recovered by the United
States under this paragraph.
SEC. 3. EFFECTIVE DATE.
This Act shall take effect with respect to Federal contracts
entered into, renewed, or extended after 90 days after the date of
enactment of this Act. | Health Benefits in Federal Contracting Act of 1998 - Requires any employer under a Federal contract or subcontract for an amount exceeding $10,000, to provide to each of his or her employees under such contract or subcontract health benefits similar (as specified) to those provided to Federal employees. Provides exemptions with respect to: (1) employers that are small business concerns or nonprofit, tax-exempt organizations; and (2) employees who are employed for less than 17.5 hours per week, who otherwise have health benefits coverage, or who are participating in a training program of not to exceed 6 months. Requires the contract or subcontract to specify such requirement.
Prohibits an employer from avoiding the requirement by: (1) replacing an employee with one who is not eligible for health care benefits; or (2) reducing an employee's hours.
Terminates the Federal contract or subcontract of an employer who does not provide the health benefits required. Makes such employer: (1) ineligible for any Federal contract or subcontract for five years; and (2) liable to the United States in an amount equal to the unpaid benefits and an equal amount as liquidated damages. Requires the Secretary of Labor to pay to employees who were not provided such benefits the amount recovered by the United States. | {"src": "billsum_train", "title": "Health Benefits in Federal Contracting Act of 1998"} | 926 | 270 | 0.629584 | 1.728562 | 0.831723 | 3.079681 | 3.565737 | 0.896414 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Veterans Mental Health Care
Improvement Act''.
SEC. 2. ADVANCE APPROPRIATIONS FOR ACCOUNTS FOR HEALTH-RELATED
INFORMATION TECHNOLOGY FOR THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Advance Appropriations for Information Technology Accounts.--
Section 117(c) of title 38, United States Code, is amended by adding at
the end the following:
``(4) Accounts, including subaccounts of the Accounts
referred to in paragraphs (1) through (3), providing funds for
information technology.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2014, and shall apply with respect to fiscal
years beginning on or after that date.
SEC. 3. INCLUSION OF MENTAL HEALTH PROFESSIONALS IN THE EDUCATION AND
TRAINING PROGRAM FOR HEALTH PERSONNEL OF THE DEPARTMENT
OF VETERANS AFFAIRS.
(a) In General.--In carrying out the education and training program
required under section 7302(a)(1) of title 38, United States Code, the
Secretary of Veterans Affairs shall include education and training of
marriage and family therapists and licensed professional mental health
counselors.
(b) Funding.--The Secretary shall apportion funding for the
education and training program equally among the professions included
in the program.
SEC. 4. PROVISION OF MENTAL HEALTH SERVICES FOR FAMILIES OF CERTAIN
VETERANS AT FACILITIES OF THE DEPARTMENT.
(a) Provision of Mental Health Services at Department Facilities.--
Subsection (e) of section 304 of the Caregivers and Veterans Omnibus
Health Services Act of 2010 (38 U.S.C. 1712A note; Public Law 111-163)
is amended--
(1) by striking ``Peer Outreach and Peer Support Services''
and inserting ``Services''; and
(2) by striking ``The Secretary shall carry out the
services'' and inserting ``The Secretary shall carry out--
``(1) the services'';
(3) by striking the period at the end and inserting ``;
and''; and
(4) by adding at the end the following new paragraph:
``(2) the mental health services required by subsection
(a)(2) at or through Department medical centers.''.
(b) Definition of Mental Health Services.--Such section is further
amended by striking subsection (f) and inserting the following:
``(f) Definitions.--In this section:
``(1) Mental health services.--The term `mental health
services' includes outpatient mental healthcare referred to in
section 17.38(a)(1)(i) of title 38, Code of Federal Regulations
(as in effect on the day before the date of enactment of this
Act).
``(2) Vet center.--The term `vet center' means a center for
readjustment counseling and related mental health services for
veterans under section 1712A of title 38, United States
Code.''.
SEC. 5. REPORT ON PROVISION OF TELEMEDICINE SERVICES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on the
following:
(1) Issues that may be impeding the provision by the
Department of Veterans Affairs of telemedicine services for
veterans, including the following:
(A) Statutory or regulatory restrictions.
(B) Licensure or credentialing issues for any
provider practicing telemedicine with veterans who live
in a different State than the provider.
(C) Limited broadband access in rural areas.
(D) Limited information technology resources or
capabilities.
(E) Long distances veterans must travel to access a
facility or clinic with telemedicine capabilities.
(F) Insufficient liability protection for
providers.
(G) Reimbursement issues faced by providers.
(H) Travel limitations for providers that are
unaffiliated with the Department and are participating
or seeking to participate in a telemedicine program of
the Department.
(2) Actions taken to address the issues identified in
paragraph (1).
(3) An update on efforts by the Department to carry out the
initiative of teleconsultation for the provision of remote
mental health and traumatic brain injury assessments required
by section 1709A of title 38, United States Code.
(4) An update on efforts by the Department to offer
training opportunities in telemedicine to medical residents, as
required by section 108(b) of the Janey Ensminger Act (Public
Law 112-154; 38 U.S.C. 7406 note).
(5) An update on efforts by the Department to, in
partnership with primary care providers, install video cameras
and instruments to monitor weight, blood pressure, and other
vital statistics in the homes of patients.
(b) Telemedicine Defined.--In this section, the term
``telemedicine'' means the use by a health care provider of
telecommunications to assist in the diagnosis or treatment of a
patient's medical condition. | Rural Veterans Mental Health Care Improvement Act - Amends appropriations authorities for veterans' benefits to provide advanced appropriations for information technology relating to medical services, support, compliance, and facilities of the Veterans Health Administration (VHA). Directs the Secretary of Veterans Affairs (VA) to include, as a component of VHA health-care personnel education and training programs, education and training of marriage and family therapists as well as licensed professional mental health counselors. Amends the Caregivers and Veterans Omnibus Health Services Act of 2010 to require the Secretary, through VA medical centers, to provide mental health services, including outpatient care, to the immediate families of certain veterans returning from Operation Enduring Freedom or Operation Iraqi Freedom. Requires the Secretary to report to Congress regarding telemedicine services (the use by a health care provider of telecommunications to assist in the diagnosis or treatment of a patient's medical condition) for veterans, including updates on VA teleconsultation and telemedicine initiatives, training, and partnerships with primary care providers. | {"src": "billsum_train", "title": "Rural Veterans Mental Health Care Improvement Act"} | 1,178 | 229 | 0.590516 | 1.484348 | 0.805225 | 2.718085 | 5.393617 | 0.81383 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying the Application for
Student Aid Act''.
SEC. 2. USING DATA FROM SECOND PRECEDING YEAR.
Section 480(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C.
1087vv(a)(1)(B)) is amended by striking ``may'' in both places it
appears and inserting ``shall''.
SEC. 3. CALCULATION OF ANNUAL ADJUSTMENT PERCENTAGE FOR FEDERAL PELL
GRANTS.
Section 401(b)(7)(C)(iv)(I) of the Higher Education Act of 1965 (20
U.S.C. 1070a(b)(7)(C)(iv)(I)) is amended by striking ``calendar year''
and inserting ``fiscal year''.
SEC. 4. FAFSA SIMPLIFICATION.
(a) FAFSA Simplification.--Section 483 of the Higher Education Act
of 1965 (20 U.S.C. 1090) is amended--
(1) in subsection (a)(3), by adding at the end the
following:
``(I) Format.--Not later than 180 days after the
date of the enactment of the Simplifying the
Application for Student Aid Act, the Secretary shall
make the electronic version of the forms under this
paragraph available through a technology tool that can
be used on mobile devices. Such technology tool shall,
at minimum, enable applicants to--
``(i) save data; and
``(ii) submit their FAFSA to the Secretary
through such tool.
``(J) Consumer testing.--In developing and
maintaining the electronic version of the forms under
this paragraph and the technology tool for mobile
devices under subparagraph (I), the Secretary shall
conduct consumer testing with appropriate persons to
ensure the forms and technology tool are designed to be
easily usable and understandable by students and
families. Such consumer testing shall include--
``(i) current and prospective college
students, family members of such students, and
other individuals with expertise in student
financial assistance application processes;
``(ii) dependent students and independent
students meeting the requirements under
subsection (b) or (c) of section 479; and
``(iii) dependent students and independent
students who do not meet the requirements under
subsection (b) or (c) of section 479.''; and
(2) by amending subsection (f) to read as follows:
``(f) Use of Internal Revenue Service Data Retrieval Tool To
Populate FAFSA.--
``(1) Simplification efforts.--The Secretary shall--
``(A) make every effort to allow applicants to
utilize the current data retrieval tool to transfer
data available from the Internal Revenue Service to
reduce the amount of original data entry by applicants
and strengthen the reliability of data used to
calculate expected family contributions, including
through the use of technology to--
``(i) allow an applicant to automatically
populate the electronic version of the forms
under this paragraph with data available from
the Internal Revenue Service; and
``(ii) direct an applicant to appropriate
questions on such forms based on the
applicant's answers to previous questions; and
``(B) allow single taxpayers, married taxpayers
filing jointly, and married taxpayers filing separately
to utilize the current data retrieval tool to its full
capacity.
``(2) Use of tax return in application process.--The
Secretary shall continue to examine whether data provided by
the Internal Revenue Service can be used to generate an
expected family contribution without additional action on the
part of the student and taxpayer.
``(3) Reports on fafsa simplification efforts.--Not less
than once every other year, the Secretary shall report to the
authorizing committees on the progress of the simplification
efforts under this subsection.
``(4) Reports on fafsa access.--Not less than once every 10
years, the Secretary shall report to the authorizing committees
on the needs of limited English proficient students using the
FAFSA.''.
(b) Funding.--
(1) Use of existing funds.--Of the amount authorized to be
appropriated to the Department of Education to maintain the
Free Application for Federal Student Aid, $3,000,000 shall be
available to carry out this Act and the amendments made by this
Act.
(2) No additional funds authorized.--No funds are
authorized by this Act to be appropriated to carry out this Act
or the amendments made by this Act.
Passed the House of Representatives July 11, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Simplifying the Application for Student Aid Act (Sec. 2) This bill amends title IV (Student Assistance) of the Higher Education Act of 1965 to require the Department of Education (ED) to use tax information from the second preceding tax year (the "prior, prior year") to determine a student's financial aid eligibility. It requires data sharing between ED and the Internal Revenue Service (IRS), pursuant to taxpayer consent. (Sec. 3) The bill revises the annual adjustment percentage calculation used to determine the total maximum Federal Pell Grant award by measuring inflation over the most recent fiscal year instead of calendar year. (Sec. 4) ED must develop and maintain a consumer-tested technology tool to allow a federal financial aid applicant to complete, save, and submit electronic forms (e.g., the Free Application for Federal Student Aid) using a mobile device. Additionally, ED must make every effort to allow applicants to utilize the existing IRS data tool to automatically populate the electronic forms with tax return information. ED must report to Congress on: (1) efforts to simplify the federal financial aid application process, and (2) the needs of limited English proficient students. | {"src": "billsum_train", "title": "Simplifying the Application for Student Aid Act"} | 1,023 | 255 | 0.59027 | 1.895246 | 0.70185 | 2.025974 | 3.87013 | 0.779221 |
SECTION 1. REVISION OF TITLE XII.
Title XII of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 8501 et seq.) is amended to read as follows:
``SEC. 12001. FINDINGS.
``The Congress finds the following:
``(1) There are 52,700,000 students in 88,223 elementary
and secondary schools across the United States. The current
Federal expenditure for education infrastructure is
$12,000,000. The Federal expenditure per enrolled student for
education infrastructure is 23 cents. An appropriation of
$22,000,000,000 would result in a Federal expenditure for
education infrastructure of $417 per student per fiscal year.
``(2) The General Accounting Office in 1995 reported that
the Nation's elementary and secondary schools need
approximately $112,000,000,000 to repair or upgrade facilities.
Increased enrollments and continued building decay has raised
this need to an estimated $200,000,000,000. Local education
agencies, particularly those in central cities or those with
high minority populations, cannot obtain adequate financial
resources to complete necessary repairs or construction. These
local education agencies face an annual struggle to meet their
operating budgets.
``(3) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings need to be replaced. Almost one-third of such
buildings were built prior to World War II.
``(4) The majority of the schools in unsatisfactory
condition are concentrated in central cities and serve large
populations of poor or minority students.
``(5) In the large cities of America, numerous schools
still have polluting coal burning furnaces. Decaying buildings
threaten the health, safety, and learning opportunities of
students. A growing body of research has linked student
achievement and behavior to the physical building conditions
and overcrowding. Asthma and other respiratory illnesses exist
in above average rates in areas of coal burning pollution.
``(6) According to a study conducted by the General
Accounting Office in 1995, most schools are unprepared in
critical areas for the 21st century. Most schools do not fully
use modern technology and lack access to the information
superhighway. Schools in central cities and schools with
minority populations above 50 percent are more likely to fall
short of adequate technology elements and have a greater number
of unsatisfactory environmental conditions than other schools.
``(7) School facilities such as libraries and science
laboratories are inadequate in old buildings and have outdated
equipment. Frequently, in overcrowded schools, these same
facilities are utilized as classrooms for an expanding school
population.
``(8) Overcrowded classrooms have a dire impact on
learning. Students in overcrowded schools score lower on both
mathematics and reading exams than do students in schools with
adequate space. In addition, overcrowding in schools negatively
affects both classroom activities and instructional techniques.
Overcrowding also disrupts normal operating procedures, such as
lunch periods beginning as early as 10 a.m. and extending into
the afternoon; teachers being unable to use a single room for
an entire day; too few lockers for students, and jammed
hallways and restrooms which encourage disorder and rowdy
behavior.
``(9) School modernization for information technology is an
absolute necessity for education for a coming
CyberCivilization. The General Accounting Office has reported
that many schools are not using modern technology and many
students do not have access to facilities that can support
education into the 21st century. It is imperative that we now
view computer literacy as basic as reading, writing, and
arithmetic.
``(10) Both the national economy and national security
require an investment in school construction. Students educated
in modern, safe, and well-equipped schools will contribute to
the continued strength of the American economy and will ensure
that our Armed Forces are the best trained and best prepared in
the world. The shortage of qualified information technology
workers continues to escalate and presently many foreign
workers are being recruited to staff jobs in America. Military
manpower shortages of personnel capable of operating high tech
equipment are already acute in the Navy and increasing in other
branches of the Armed Forces.
``SEC. 12002. PURPOSE.
The purpose of this title is to provide Federal funds to enable
local educational agencies to finance the costs associated with the
construction, repair, and modernization for information technology of
school facilities within their jurisdictions.
``SEC. 12003. FEDERAL ASSISTANCE IN THE FORM OF GRANTS.
``(a) Authority and Conditions for Grants.--
``(1) In general.--To assist in the construction,
reconstruction, renovation, or modernization for information
technology of elementary and secondary schools, the Secretary
shall make grants of funds to State educational agencies for
the construction, reconstruction, or renovation, or for
modernization for information technology, of such schools.
``(2) Formula for allocation.--From the amount appropriated
under section 12006 for any fiscal year, the Secretary shall
allocate to each State an amount that bears the same ratio to
such appropriated amount as the number of school-age children
in such State bears to the total number of school-age children
in all the States. The Secretary shall determine the number of
school-age children on the basis of the most recent
satisfactory data available to the Secretary.
``(b) Conditions for Receipt of Grants.--
``(1) Applications.--In order to receive a grant under this
title, a State shall submit to the Secretary an application
containing or accompanied by such information and assurances as
the Secretary may require. Such applications shall specify the
method by which the State educational agency will allocate
funds to local educational agencies and the procedures by which
projects will be selected for funding. Such applications shall
contain assurances that such funds will only be provided if the
State educational agency finds that such constructions will be
undertaken in an economical manner, and that any such
construction, reconstruction, renovation, or modernization is
not or will not be of elaborate or extravagant design or
materials.
``(2) Priorities.--In approving projects for funding under
this title, the State educational agency shall consider--
``(A) the threat the condition of the physical
plant poses to the safety and well-being of students;
``(B) the demonstrated need for the construction,
reconstruction, renovation, or modernization as based
on the condition of the facility;
``(C) the age of the facility to be renovated or
replaced; and
``(D) the needs related to preparation for modern
technology.
``(c) Amount and Condition of Grants.--A grant to a local
educational agency may be in an amount not exceeding the total cost of
the facility construction, reconstruction, renovation, or modernization
for information technology, as determined by the State educational
agency.
``SEC. 12004. GENERAL PROVISIONS.
``The Secretary shall take such action as may be necessary to
ensure that all laborers and mechanics employed by contractors or
subcontractors on any project assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction in
the immediate locality as determined by the Secretary of Labor
in accordance with the Act of March 31, 1931 (Davis-Bacon Act),
as amended; and
``(2) shall be employed not more than 40 hours in any 1
week unless the employee receives wages for the employee's
employment in excess of the hours specified in paragraph (1) at
a rate not less than one and one-half times the regular rate at
which the employee is employed;
but the Secretary may waive the application of this subsection in cases
or classes or cases where laborers or mechanics, not otherwise employed
at any time in the construction of such project, voluntarily donate
their services without full compensation for the purpose of lowering
the costs of construction and the Secretary determines that any amounts
saved thereby are full credited to the educational institution
undertaking the construction.
``SEC. 12005. DEFINITIONS.
``As used in this title:
``(1) School.--The term `school' means structures suitable
for use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction of
elementary and secondary school students.
``(2) State.--The term State includes the several States of
the United States and the District of Columbia.
``SEC. 12006. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title,
$22,000,000,000 for fiscal year 2000 and a sum no less than this amount
for each of the 4 succeeding fiscal years.''. | Amends title XII (School Facilities Infrastructure Improvement) of the Elementary and Secondary Education Act of 1965 to direct the Secretary of Education to make grants to State educational agencies for elementary and secondary school construction, reconstruction, or renovation, or for modernization of information technology for such schools.
Sets forth wage requirements for such projects, including Davis- Bacon Act compliance and overtime; but allows exceptions for certain workers who voluntarily donate their services without full compensation.
Authorizes appropriations. | {"src": "billsum_train", "title": "To amend title XII of the Elementary and Secondary Education Act of 1965 to provide grants to improve the infrastructure of elementary and secondary schools."} | 1,839 | 103 | 0.40861 | 1.105059 | 0.22039 | 3.314607 | 19.966292 | 0.820225 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Access to Clinical Trials
Act of 2009''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Advances in medicine depend on clinical trial research
conducted at public and private research institutions across the
United States.
(2) The challenges associated with enrolling participants in
clinical research studies are especially difficult for studies that
evaluate treatments for rare diseases and conditions (defined by
the Orphan Drug Act as a disease or condition affecting fewer than
200,000 Americans), where the available number of willing and able
research participants may be very small.
(3) In accordance with ethical standards established by the
National Institutes of Health, sponsors of clinical research may
provide payments to trial participants for out-of-pocket costs
associated with trial enrollment and for the time and commitment
demanded by those who participate in a study. When offering
compensation, clinical trial sponsors are required to provide such
payments to all participants.
(4) The offer of payment for research participation may pose a
barrier to trial enrollment when such payments threaten the
eligibility of clinical trial participants for Supplemental
Security Income and Medicaid benefits.
(5) With a small number of potential trial participants and the
possible loss of Supplemental Security Income and Medicaid benefits
for many who wish to participate, clinical trial research for rare
diseases and conditions becomes exceptionally difficult and may
hinder research on new treatments and potential cures for these
rare diseases and conditions.
SEC. 3. EXCLUSION FOR COMPENSATION FOR PARTICIPATION IN CLINICAL TRIALS
FOR RARE DISEASES OR CONDITIONS.
(a) Exclusion From Income.--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 (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) the first $2,000 received during a calendar year by such
individual (or such spouse) as compensation for participation in a
clinical trial involving research and testing of treatments for a
rare disease or condition (as defined in section 5(b)(2) of the
Orphan Drug Act), but only if the clinical trial--
``(A) has been reviewed and approved by an institutional
review board that is established--
``(i) to protect the rights and welfare of human
subjects participating in scientific research; and
``(ii) in accord with the requirements under part 46 of
title 45, Code of Federal Regulations; and
``(B) meets the standards for protection of human subjects
as provided under part 46 of title 45, Code of Federal
Regulations.''.
(b) Exclusion From Resources.--Section 1613(a) of the Social
Security Act (42 U.S.C. 1382b(a)) is amended--
(1) by striking ``and'' at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16) and
inserting ``; and''; and
(3) by inserting after paragraph (16) the following:
``(17) any amount received by such individual (or such spouse)
which is excluded from income under section 1612(b)(26) (relating
to compensation for participation in a clinical trial involving
research and testing of treatments for a rare disease or
condition).''.
(c) Medicaid Exclusion.--
(1) In general.--Section 1902(e) of the Social Security Act (42
U.S.C. 1396a(e)), is amended by adding at the end the following:
``(14) Exclusion of compensation for participation in a
clinical trial for testing of treatments for a rare disease or
condition.--The first $2,000 received by an individual (who has
attained 19 years of age) as compensation for participation in a
clinical trial meeting the requirements of section 1612(b)(26)
shall be disregarded for purposes of determining the income
eligibility of such individual for medical assistance under the
State plan or any waiver of such plan.''.
(2) Conforming amendment.--Section 1902(a)(17) of such Act (42
U.S.C. 1396a(a)(17)) is amended by inserting ``(e)(14),'' before
``(l)(3)''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date that is the earlier of--
(1) the effective date of final regulations promulgated by the
Commissioner of Social Security to carry out this section and such
amendments; or
(2) 180 days after the date of enactment of this Act.
(e) Sunset Provision.--This Act and the amendments made by this Act
are repealed on the date that is 5 years after the date of the
enactment of this Act.
SEC. 4. STUDY AND REPORT.
(a) Study.--Not later than 36 months after the effective date of
this Act, the Comptroller General of the United States shall conduct a
study to evaluate the impact of this Act on enrollment of individuals
who receive Supplemental Security Income benefits under title XVI of
the Social Security Act (referred to in this section as ``SSI
beneficiaries'') in clinical trials for rare diseases or conditions.
Such study shall include an analysis of the following:
(1) The percentage of enrollees in clinical trials for rare
diseases or conditions who were SSI beneficiaries during the 3-year
period prior to the effective date of this Act as compared to such
percentage during the 3-year period after the effective date of
this Act.
(2) The range and average amount of compensation provided to
SSI beneficiaries who participated in clinical trials for rare
diseases or conditions.
(3) The overall ability of SSI beneficiaries to participate in
clinical trials.
(4) Any additional related matters that the Comptroller General
determines appropriate.
(b) Report.--Not later than 12 months after completion of the study
conducted under subsection (a), the Comptroller General shall submit to
Congress a report containing the results of such study, together with
recommendations for such legislation and administrative action as the
Comptroller General determines appropriate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Improving Access to Clinical Trials Act of 2009 - Amends title XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to exclude from income for SSI eligibility purposes any compensation in the amount of the first $2,000 per year received by an individual for participation in clinical trials involving research and testing of treatments for rare diseases or conditions.
Amends SSA title XIX (Medicaid) to make a similar exclusion from income of such compensation for the purposes of eligibility under the Medicaid program.
Directs the Comptroller General to study and report to Congress on the impact of this Act on enrollment of individuals who receive SSI benefits in clinical trials for rare diseases or conditions. | {"src": "billsum_train", "title": "A bill to provide for an exclusion under the Supplemental Security Income program and the Medicaid program for compensation provided to individuals who participate in clinical trials for rare diseases or conditions."} | 1,387 | 181 | 0.56136 | 1.672639 | 0.698828 | 3.090909 | 8.311688 | 0.844156 |
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