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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Remove Explicit Material Offensive
to Victims Expeditiously Act of 2018'' or the ``REMOVE Act''.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The Internet and other communications technologies have
generated tremendous benefits for consumers and businesses
across all sectors of society. The United States is a world
leader in harnessing these benefits to advance the social and
economic well-being of its citizens. It is vital that U.S. law
and policy support these advances and do not unduly restrict
innovation or inhibit beneficial uses of these technologies.
(2) Like all technologies, the Internet and other
communications technologies can be misused by malicious actors.
These actors often target those in society who are most
vulnerable, including children, the elderly, and those whose
circumstances make them particularly susceptible to fraud,
harassment, or abuse.
(3) In recent years, there has been a dramatic increase in
the nonconsensual online distribution of images depicting the
exposure of adult individuals' intimate body parts or depicting
adult individuals engaged in sexually explicit conduct. In many
cases, these adult individuals either did not consent to the
creation of this imagery, or had a reasonable expectation that
such material would remain private.
(4) The nonconsensual distribution of sexually intimate
imagery constitutes a gross violation of personal privacy and
human dignity. This distribution can have devastating impacts
on individuals depicted in such imagery, including on their
professional lives, personal relationships, personal safety,
and emotional well-being. Persons who intentionally distribute
private, sexually intimate imagery often do so to humiliate,
degrade, harass, threaten, or extort the individuals depicted.
(5) In some cases, the nonconsensual distribution of
sexually intimate imagery may violate Federal or State civil or
criminal law. In this regard, Congress notes efforts by the
Federal Trade Commission to address the nonconsensual
distribution of sexually explicit images through its powers
under the Federal Trade Commission Act.
(6) Those who perpetrate the nonconsensual distribution of
sexually intimate images often rely on interactive computer
services to facilitate such distribution. This conduct may
violate the terms of service or other terms imposed by
providers of these services. Many providers have adopted
policies, standards and procedures pursuant to which they will
remove or block access to nonconsensual sexually intimate
images upon notice.
(7) It is in the public interest to incentivize providers
of interactive computer services to adopt and enforce policies
that are reasonably calculated to remove or block access
through their services to sexually intimate imagery that has
been distributed without the consent of one or more individuals
depicted in that imagery.
SEC. 3. REQUIREMENT TO REMOVE NONCONSENSUAL SEXUALLY INTIMATE IMAGERY.
(a) Rules Required.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall prescribe rules in
accordance with section 553 of title 5, United States Code, that
require the following:
(1) Publication of registrations.--The Commission to create
and maintain a dedicated web page or other online resource,
located within or accessible through the public-facing website
of the Commission, through which individuals may obtain the
information submitted by registered providers in accordance
with paragraph (2).
(2) Provider registration requirements.--A provider to
submit a registration with the Commission by providing the
following:
(A) Current and accurate contact details of a
single agent, designated to receive the takedown
request form described in subsection (b), who is
authorized to act on the provider's behalf, including
the employment title or division, email address or
other online contact information, and telephone number
of the agent.
(B) The URL of the location at which an individual
may obtain access to and submit to the designated agent
of a provider a takedown request form that meets the
requirements of subsection (b).
(3) Registration by commission.--Not later than 7 calendar
days after the date on which the Commission receives a
registration that meets the requirements of paragraph (2), the
Commission to register the provider by publishing the
registration in accordance with paragraph (1).
(4) Removal of nonconsensual sexually intimate imagery.--A
designated agent of a provider to expeditiously review and
remove sexually intimate imagery if requested by an individual
identifiable in the imagery if--
(A) a takedown request form that meets the
requirements of subsection (b) is submitted to the
designated agent of the provider;
(B) the designated agent of the provider can
identify the imagery with reasonable certainty; and
(C) the imagery was produced in a location with a
reasonable expectation of privacy.
(5) Standardized sexually intimate takedown request form.--
The Commission to provide on its public-facing web page or
online resource as required under paragraph (1) access to a
standardized sexually intimate takedown request form that meets
the requirements of subsection (b).
(6) General guidance.--The Commission to develop and
implement a comprehensive awareness and educational campaign
designed to--
(A) provide guidance for providers that lack a
process to expeditiously remove sexually intimate
imagery from their services; and
(B) inform Internet users about the resources made
available to them by providers to request removal of a
sexually intimate images that have been distributed
without the consent of one or more individuals depicted
in such images.
(7) Penalty for noncompliance.--Penalties for a violation
of this Act or any rule prescribed under this Act--
(A) that are commensurate with the circumstance of
the offense taking into account the totality of the
circumstances;
(B) that are greater for repeat offenders; and
(C) that are greater if the provider solicited the
nonconsensual sexually intimate imagery or profited
from the posting of such imagery.
(b) Requirements of Sexually Intimate Takedown Request Form.--A
sexually intimate takedown request form satisfies the requirements of
this subsection if the form requires an individual seeking removal of
sexually intimate imagery distributed without consent of the submitter
that is available or accessible through a provider's service to submit
the following information in writing to the designated agent of the
provider as described under subsection (a)(2)(A):
(1) A URL for each location where a sexually intimate image
depicting the submitter appears on the provider's service.
(2) An affirmation that the submitter had a reasonable
expectation of privacy in the location in which each image was
taken or recorded.
(3) A description of any other private information that
appears in the images.
(4) An affirmation that the submitter did not consent to
the distribution of the images on the provider's service.
(5) A statement about whether the submitter has sought one
or more protective measures in connection with any individual
who took or recorded the images, any other individual who
appears in the images, or any individual responsible for the
distribution of the images.
(6) An attestation that the submitter appears in the images
and that all information provided in the takedown request form
is true and accurate to the best of the submitter's knowledge.
(c) Incentives for Responsible Provider Action.--
(1) In general.--No cause of action shall lie in any court
against any provider (including any officer, employee, or
agent) if the provider meets the registration requirements
under subsection (a)(2)--
(A) for any decision about whether to remove
sexually intimate images that the provider makes in a
good-faith response to the submission of a takedown
request form that meets the requirements of subsection
(b); and
(B) based on any knowledge obtained in the course
of the provider's good-faith processing of an
individual's takedown request form if--
(i) the Commission has registered the
provider under subsection (a)(3); and
(ii) the provider adheres to a publicly
accessible policy reasonably calculated to
remove or disable access through the services
of the provider to the sexually intimate images
that have been distributed without the consent
of one or more individuals who appear in the
images.
(2) Policy defined.--In this subsection, the term
``policy'' means a publicly accessible document that describes
how an individual may submit a takedown request for sexually
intimate imagery, which may be included in the terms of
service, a statement of community standards, or other document.
(3) Rule of construction.--Paragraph (1) shall not be
construed to--
(A) impair the enforcement of any Federal criminal
statute;
(B) limit or expand any law pertaining to
intellectual property;
(C) limit or expand section 230(c)(1) of the
Communications Act of 1934 (47 U.S.C. 230(c)(1)); or
(D) subject a provider that meets the requirements
under subsection (a)(2) to civil liability under State
law for not removing sexually intimate imagery.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of a rule
prescribed under section 3(a) shall be treated as a violation of a rule
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(b) Powers of Commission.--The Commission shall enforce the rules
prescribed under section 3(a) in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any violation of such a rule shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act.
SEC. 5. STUDY BY THE COMMISSION.
(a) Evaluation.--Not later than 5 years after the date of the
enactment of this Act, the Commission shall conduct a study and submit
to Congress a report that--
(1) provides a detailed analysis of the effectiveness of
the takedown request policies and procedures of providers that
have registered with the Commission under section 3;
(2) evaluates whether these policies and procedures have
had a material impact in diminishing the public availability
of, and access to, sexually intimate images distributed without
the consent of one or more individuals appearing in such
images; and
(3) makes recommendations to Congress, as appropriate, on
ways in which the provisions of this Act should be updated to
take account of new technologies or new avenues through which
such sexually intimate images are distributed.
(b) Stakeholder Input.--The Commission shall prepare the study
required under subsection (a) by working with industry, victim and
victim support groups, and other stakeholders.
SEC. 6. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Image; imagery.--The term ``image'' or ``imagery''
means a photograph, film, video, or other reprographic
representation of an individual, whether recorded or live.
(3) Interactive computer service.--The term ``interactive
computer service'' has the meaning given that term in section
230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
(4) Protective measure.--The term ``protective measure''
means a restraining order, court order, police report, contact
with an appropriate victim's advocacy organization, or other
measure or conduct reasonably intended to protect the
individual seeking the measure against another individual
responsible for or associated with a sexually intimate image
that is the subject of a takedown request form.
(5) Provider.--The term ``provider'' means a provider of an
interactive computer service.
(6) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given that term in section
2256(2)(A) of title 18, United States Code.
(7) Single agent.--The term ``single agent'' means one
individual or entity authorized by a provider pursuant to
section 3(a)(2)(A), which may include an individual, a specific
position or title held by an individual, a specific department
within the provider's organization, or a third-party entity.
(8) Sexually intimate image; sexually intimate imagery.--
The terms ``sexually intimate image'' and ``sexually intimate
imagery'' mean an image of a individual that depicts--
(A) a nude intimate body part; or
(B) sexually explicit conduct.
(9) Submitter.--The term ``submitter'' means the individual
who submits a sexually intimate image takedown request form to
a provider.
(10) Takedown request.--The term ``takedown request'' means
a request to remove or block access to a sexually intimate
image that depicts the individual submitting the request but
was distributed without the explicit consent of the individual
to public distribution.
(11) URL.--The term ``URL'' means the address of an
Internet web page or an item generally available on the
Internet, such as a file. | Remove Explicit Material Offensive to Victims Expeditiously Act of 2018 or the REMOVE Act This bill requires the Federal Trade Commission to prescribe rules for the creation of a public website where an individual may: (1) obtain information regarding the existence of sexually-intimate imagery depicting such individual, submitted by a registered interactive computer-service provider; and (2) submit a takedown-request form. If the form meets specified requirements, a designated agent of a provider must review and remove the imagery from the interactive computer service. | {"src": "billsum_train", "title": "Remove Explicit Material Offensive to Victims Expeditiously Act of 2018"} | 2,904 | 119 | 0.492415 | 1.572442 | 0.562881 | 2.494949 | 26.777778 | 0.959596 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cut, Cap, and Balance Act of 2011''.
TITLE I--CUT
SEC. 101. MODIFICATION OF THE CONGRESSIONAL BUDGET ACT.
Title III of the Congressional Budget Act of 1974 is amended by
inserting at the end the following:
``SEC. 316. DISCRETIONARY SPENDING LIMITS.
``(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that would cause the discretionary
spending limits as set forth in this section to be exceeded.
``(b) Limits.--In this section, the term `discretionary spending
limits' means for fiscal year 2012: for the discretionary category,
$1,019,402,000,000 in new budget authority and $1,224,568,000,000 in
outlays.
``(c) Adjustments.--After the reporting of a bill or joint
resolution relating to the global war on terrorism described in
subsection (d), or the offering of an amendment thereto or the
submission of a conference report thereon--
``(1) the chair of the House or Senate Committee on the
Budget may adjust the discretionary spending limits provided in
this section for purposes of congressional enforcement, the
budgetary aggregates in the concurrent resolution on the budget
most recently adopted by the Senate and the House of
Representatives, and allocations pursuant to section 302(a) of
the Congressional Budget Act of 1974, by the amount of new
budget authority in that measure for that purpose and the
outlays flowing therefrom; and
``(2) following any adjustment under paragraph (1), the
House or Senate Committee on Appropriations may report
appropriately revised suballocations pursuant to section 302(b)
of the Congressional Budget Act of 1974 to carry out this
subsection.
``(d) Global War on Terrorism.--If a bill or joint resolution is
reported making appropriations for fiscal year 2012 that provides
funding for the global war on terrorism, the allowable adjustments
provided for in subsection (c) for fiscal year 2012 shall not exceed
$126,544,000,000 in budget authority and the outlays flowing therefrom.
``SEC. 317. CERTAIN DIRECT SPENDING LIMITS.
``(a) In General.--It shall not be in order in the House of
Representatives or the Senate to consider any bill, joint resolution,
amendment, or conference report that includes any provision that would
cause total direct spending, except as excluded in subsection (b), to
exceed the limits specified in subsection (c).
``(b) Exempt From Direct Spending Limits.--Direct spending for the
following functions is exempt from the limits specified in subsection
(c):
``(1) Social Security, function 650.
``(2) Medicare, function 570.
``(3) Veterans Benefits and Services, function 700.
``(4) Net Interest, function 900.
``(c) Limits on Other Direct Spending.--The total combined outlays
for all direct spending not exempted in subsection (b) for fiscal year
2012 shall not exceed $680,730,000,000.''.
SEC. 102. STATUTORY ENFORCEMENT OF SPENDING CAPS THROUGH SEQUESTRATION.
Title III of the Congressional Budget Act of 1974 is amended by
inserting after section 317 the following new section:
``SEC. 318. ENFORCEMENT OF DISCRETIONARY AND DIRECT SPENDING CAPS.
``(a) Implementation.--The sequesters shall be implemented as
follows:
``(1) Discretionary spending implementation.--For the
discretionary limits in section 316 of the Congressional Budget
Act of 1974, pursuant to section 251(a) of the Balanced Budget
and Emergency Deficit Control Act of 1985 with each category
sequestered separately.
``(2) Direct spending implementation.--(A) The
sequestration to enforce this section for direct spending shall
be implemented pursuant to section 254 of the Balanced Budget
and Emergency Deficit Control Act of 1985.
``(B) Section 255 of the Balanced Budget and Control Act of
1985 shall not apply to this section, except that payments for
military personnel accounts (within subfunctional category
051), TRICARE for Life, Medicare (functional category 570),
military retirement, Social Security (functional category 650),
veterans (functional category 700), net interest (functional
category 900), and discretionary appropriations shall be
exempt.
``(b) Modification of Presidential Order.--
``(1) In general.--At any time after the Director of OMB
issues a sequestration report under subsection (a) and section
319(c) the provisions of section 258A of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall apply to the
consideration in the House of Representatives and the Senate of
a bill or joint resolution to override the order if the bill or
joint resolution, as enacted, would achieve the same level of
reductions in new budget authority and outlays for the
applicable fiscal year as set forth in the order.
``(2) Point of order.--In the House of Representatives or
Senate, it shall not be in order to consider a bill or joint
resolution which waives, modifies, or in any way alters a
sequestration order unless the chair of the House or Senate
Committee on the Budget certifies that the measure achieves the
same levels of reductions in new budget authority and outlays
for the applicable year as set forth in the order.''.
TITLE II--CAP
SEC. 201. LIMIT ON TOTAL SPENDING.
(a) Definitions.--Section 250(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 is amended by striking paragraph
(4), redesignating the succeeding paragraphs accordingly, and adding
the following new paragraph:
``(19) The term `GDP', for any fiscal year, means the gross
domestic product during such fiscal year consistent with
Department of Commerce definitions.''.
(b) Caps.--The Congressional Budget Act of 1974 is amended by
inserting after section 318 the following new section:
``SEC. 319. ENFORCING GDP OUTLAY LIMITS.
``(a) Enforcing GDP Outlay Limits.--In this section, the term `GDP
outlay limit' means an amount, as estimated by OMB, equal to--
``(1) projected GDP for that fiscal year as estimated by
OMB, multiplied by
``(2) 21.7 percent for fiscal year 2013; 20.8 percent for
fiscal year 2014; 20.2 percent for fiscal year 2015; 20.1
percent for fiscal year 2016; 19.9 percent for fiscal year
2017; 19.7 percent for fiscal year 2018; 19.9 percent for
fiscal year 2019; 19.9 percent for fiscal year 2020; and 19.9
percent for fiscal year 2021.
``(b) GDP Outlay Limit and Outlays.--
``(1) Determining the gdp outlay limit.--The Office of
Management and Budget shall establish in the President's budget
the GDP outlay limit for the budget year.
``(2) Total federal outlays.--In this section, total
Federal outlays shall include all on-budget and off-budget
outlays.
``(c) Sequestration.--The sequestration to enforce this section
shall be implemented pursuant to section 254 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
``(d) Exempt Programs.--Section 255 of the Balanced Budget and
Control Act of 1985 shall not apply to this section, except that
payments for military personnel accounts (within subfunctional category
051), TRICARE for Life, Medicare (functional category 570), military
retirement, Social Security (functional category 650), veterans
(functional category 700), and net interest (functional category 900)
shall be exempt.''.
SEC. 202. ENFORCEMENT PROCEDURES UNDER THE CONGRESSIONAL BUDGET ACT OF
1974.
(a) Enforcement.--Title III of the Congressional Budget Act of 1974
is amended by adding after section 319 the following new section:
``SEC. 320. ENFORCEMENT PROCEDURES.
``It shall not be in order in the House of Representatives or the
Senate to consider any bill, joint resolution, amendment, or conference
report that would cause the most recently reported current GDP outlay
limits set forth in section 319 of the Congressional Budget Act of 1974
to be exceeded.''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Congressional Budget and Impoundment Control Act of 1974 is amended
by inserting after the item relating to section 315 the following new
items:
``Sec. 316. Discretionary spending limits.
``Sec. 317. Certain direct spending limits.
``Sec. 318. Enforcement of discretionary and direct spending caps.
``Sec. 319. Enforcing GDP outlay limits.
``Sec. 320. Enforcement procedures.''.
TITLE III--BALANCE
SEC. 301. REQUIREMENT THAT A BALANCED BUDGET AMENDMENT BE SUBMITTED TO
STATES.
(a) In General.--The Secretary of the Treasury shall not exercise
the additional borrowing authority provided under subsection (b) until
the Archivist of the United States transmits to the States H.J. Res. 1
in the form reported on June 23, 2011, S.J. Res. 10 in the form
introduced on March 31, 2011, or H.J. Res. 56 in the form introduced on
April 7, 2011, a balanced budget amendment to the Constitution, or a
similar amendment if it requires that total outlays not exceed total
receipts, that contains a spending limitation as a percentage of GDP,
and requires that tax increases be approved by a two-thirds vote in
both Houses of Congress for their ratification.
(b) Amendment to Title 31.--Effective on the date the Archivist of
the United States transmits to the States H.J. Res 1 in the form
reported, S.J. Res. 10 in the form introduced, or H.J. Res. 56 in the
form introduced, a balanced budget amendment to the Constitution, or a
similar amendment if it requires that total outlays not exceed total
receipts, contains a spending limitation as a percentage of GDP, and
requires tax increases be approved by a two-thirds vote in both Houses
of Congress for their ratification, section 3101(b) of title 31, United
States Code, is amended by striking the dollar limitation contained in
such subsection and inserting $16,700,000,000,000.
Passed the House of Representatives July 19, 2011.
Attest:
KAREN L. HAAS,
Clerk. | Cut, Cap, and Balance Act of 2011 - Title I: Cut - (Sec. 101) Amends the Congressional Budget Act of 1974 (CBA) to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that would cause the discretionary spending limits established in this Act to be exceeded.
Establishes the discretionary spending limits for FY2012 as $1,019,402,000,000 in new budget authority and $1,224,568,000,000 in outlays.
Authorizes the Chairman of the Senate Committee on the Budget to adjust such limits, budgetary aggregates in the most recently adopted concurrent budget resolution, and CBA committee allocations if a bill or joint resolution is reported making appropriations for FY2012 that provides funding for the global war on terrorism.
Makes it out of order in both chambers to consider any legislation that includes any provision that would cause total direct spending to exceed the spending limit specified in this Act. Exempts from such spending limits: (1) Social Security, function 650; (2) Medicare, function 570; (3) Veterans Benefits and Services, function 700; and (4) Net Interest, function 900.
Makes $680.73 billion the limit on total combined outlays for all non-exempt direct spending for FY2012.
(Sec. 102) Amends the CBA to prescribe requirements for implementing sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to enforce the discretionary and direct spending caps in this Act.
Exempts from any sequestration orders: (1) payments for military personnel accounts (within subfunctional category 051), (2) TRICARE for Life, (3) Medicare (functional category 570), (4) military retirement, (5) Social Security (functional category 650), (6) veterans (functional category 700), (7) net interest (functional category 900), and (8) discretionary appropriations.
Makes it out of order in both chambers to consider legislation which waives, modifies, or in any way alters a sequestration order unless the chair of the House or Senate Committee on the Budget certifies that the measure achieves the same levels of reductions in new budget authority and outlays for the applicable year in such order.
Title II: Cap - (Sec. 201) Amends the CBA to prescribe requirements for enforcing GDP outlay limits.
Requires: (1) the Office of Management and Budget (OMB) to establish in the President's budget the GDP outlay limit for the budget year, and (2) total federal outlays to include all on-budget and off-budget outlays.
(Sec. 202) Amends the CBA to make it out of order in both chambers to consider any legislation that would cause the most recently reported current GDP outlay limits set forth in this Act to be exceeded.
Title III: Balance - (Sec. 301) Prohibits the Secretary of the Treasury from exercising additional borrowing authority until the date that the Archivist of the United States transmits to the states for their ratification H.J. Res. 1 (as reported on June 23, 2011), S.J. Res. 10 (as introduced on March 31, 2011), or H.J. Res. 56 (as introduced on April 7, 2011), a balanced budget amendment to the Constitution, or a similar amendment if it requires that total outlays not exceed total receipts, contains a spending limitation as a percentage of GDP, and requires that tax increases be approved by a two-thirds vote in both chambers.
Increases the public debt from $14.294 trillion to $16.7 trillion on the date such legislation is transmitted to the states. | {"src": "billsum_train", "title": "To cut, cap, and balance the Federal budget."} | 2,448 | 817 | 0.651688 | 2.035711 | 0.755934 | 4.75321 | 2.96719 | 0.918688 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``U.S. National Security Protection
Act of 2006''.
SEC. 2. DEFINITIONS.
As used in this Act--
(1) the term ``Committee on Foreign Investment in the
United States'' or ``CFIUS'' means the committee established by
the President under Executive Order 11858, May 7, 1975, and any
successor thereto; and
(2) the term ``intelligence community'' has the same
meaning as in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
SEC. 3. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES.
(a) CFIUS Membership.--
(1) Directors of national intelligence and central
intelligence.--Notwithstanding any other provision of law, the
Director of National Intelligence and the Director of Central
Intelligence shall be members of the Committee on Foreign
Investment in the United States.
(2) Vice chairs.--The Secretary of Homeland Security and
the Secretary of Defense shall serve as vice chairs of the
Committee on Foreign Investment in the United States.
(b) Subcommittee on Intelligence.--Not later than 30 days after the
date of enactment of this Act, the President shall establish within the
Committee on Foreign Investment in the United States a Subcommittee on
Intelligence, which shall be--
(1) chaired by the Director of National Intelligence; and
(2) comprised of the head of each member of the
intelligence community.
SEC. 4. SUBCOMMITTEE REVIEW OF CFIUS INVESTIGATIONS.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by adding at the end the following:
``(l) Intelligence Subcommittee Reviews of Investigations.--
``(1) Pre-investigation review and comment.--The
Subcommittee on Intelligence of the Committee on Foreign
Investment in the United States shall--
``(A) review information relating to a proposed
merger, acquisition, or takeover, during the 15-day
period following the date of receipt of such
information, and before the commencement of any
investigation under subsection (a) or (b); and
``(B) provide written comments on any determination
by the President or CFIUS not to conduct an
investigation under subsection (a).
``(2) Post-investigation review and comment.--The
Subcommittee on Intelligence of the Committee on Foreign
Investment in the United States shall--
``(A) review each investigation conducted by the
President or CFIUS under subsections (a) and (b); and
``(B) provide written comments on the results of
each such investigation.''.
SEC. 5. TREATMENT OF CRITICAL INFRASTRUCTURE AS AFFECTING NATIONAL
SECURITY.
Section 721(b) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(b)) is amended by inserting after ``commerce in the United
States'' the following: ``, including any person that owns, controls,
or operates any critical infrastructure, as defined in section 1016(e)
of the USA PATRIOT Act (42 U.S.C. 5195c(e)),''.
SEC. 6. CERTIFICATION OF NATIONAL SECURITY DETERMINATIONS.
``(m) Presidential or Chair Certification of Threat
Determinations.--
``(1) In general.--Notwithstanding any other provision of
law, a final determination that an investigation under
subsection (a) is not required with respect to a merger,
acquisition, or takeover may be made only--
``(A) by the President, in any case in which the
President is acting on the President's own behalf under
subsection (a); or
``(B) by the Secretary of the Treasury, with the
concurrence of the Secretary of Homeland Security and
the Secretary of Defense, in their respective
capacities as chair and vice chairs of CFIUS, in any
case in which CFIUS is acting as the President's
designee under subsection (a).
``(2) Certifications required.--
``(A) Presidential determinations.--In any instance
in which the President is acting on his or her own
behalf under subsection (a), the President shall
certify in writing to a final determination that an
investigation under subsection (a) is not required with
respect to a merger, acquisition, or takeover, and such
certification requirement may not be delegated to any
person.
``(B) CFIUS determinations.--In any instance in
which CFIUS is acting as the President's designee under
subsection (a), the Secretary of the Treasury, the
Secretary of Homeland Security, and the Secretary of
Defense shall each certify in writing to a final
determination that an investigation under subsection
(a) is not required with respect to a merger,
acquisition, or takeover, and such certification
requirement may not be delegated to any person.
``(3) Nonconcurrence.--If there is not concurrence among
the chair and vice chairs of CFIUS for purposes of paragraph
(1)(B), the President shall make the final determination that
an investigation under subsection (a) is not required with
respect to a merger, acquisition, or takeover, and the
President shall certify such determination in writing.''.
SEC. 7. MANDATORY SUBMISSION OF INFORMATION.
Section 721(c) of the Defense Production Act of 1950 (50 U.S.C.
App. 2170(c)) is amended--
(1) in the subsection heading, by striking
``Confidentiality of'' and inserting ``Submission of'';
(2) by striking ``Any information or documentary material
filed'' and inserting the following:
``(1) Required submissions.--Each person controlled by or
acting on behalf of a foreign government or foreign person
shall--
``(A) notify the President or the President's
designee in writing of any proposed merger,
acquisition, or takeover of any United States critical
infrastructure (as defined in section 1016(e) of the
USA PATRIOT Act (42 U.S.C. 5195c(e))); and
``(B) provide such information to the President or
the President's designee with respect to such proposed
transaction as may be necessary for purposes of this
section.
``(2) Confidentiality of information.--Any information or
documentary material filed, either voluntarily or under
paragraph (1),''.
SEC. 8. NOTICES OF REVIEWS AND INVESTIGATIONS AND QUARTERLY REPORTS
REQUIRED.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by adding at the end the following:
``(n) Notices of Reviews and Investigations and Quarterly Reports
to Congress.--
``(1) Notices to congress.--The President or the
President's designee shall notify the appropriate committees of
Congress--
``(A) not later than 15 days after the date of
receipt of written notification of a proposed or
pending merger, acquisition, or takeover described in
subsection (a) or (b); and
``(B) at the commencement of each investigation
under subsection (a) or (b).
``(2) Quarterly reports to congress.--
``(A) In general.--The President shall, on a
quarterly basis, submit to Congress a report on all
mergers, acquisitions, and takeovers that were the
subject of investigation or review under this section
during the quarter, including any comments submitted
under subsection (l)(2).
``(B) Form.--Each report required under
subparagraph (A) may be submitted in unclassified form,
and may contain a classified annex.''.
SEC. 9. CFIUS AS PRESIDENT'S DESIGNEE UNDER DEFENSE PRODUCTION ACT.
Section 721 of the Defense Production Act of 1950 (50 U.S.C. App.
2170) is amended by adding at the end the following:
``(o) Designee.--Notwithstanding any other provision of law, the
President's designee for purposes of this section shall be the
Committee on Foreign Investment in the United States, established by
order of the President in Executive Order 11858, May 7, 1975 (in this
section referred to as `CFIUS'), or any successor thereto.''. | U.S. National Security Protection Act of 2006 - Revises the structure of the Committee on Foreign Investment in the United States (CFIUS) to: (1) add the Director of National Intelligence and the Director of Central Intelligence as members; (2) designate the Secretaries of Homeland Security and of Defense as vice chairs; and (3) require the President to establish a Subcommittee on Intelligence.
Amends the Defense Production Act of 1950 to charge the Subcommittee with the tasks of providing review and comment both before and after investigations authorized or required under the Act to determine the national security effects of mergers, acquisitions, and takeovers ("takeovers," for purposes of this Act) involving foreign persons or foreign government-controlled entities that could result in foreign control of persons engaged in interstate commerce.
Includes ownership, control, or operation of critical infrastructure as interstate commerce activity that could affect national security.
Requires certification by the President or by the chair of CFIUS (when CFIUS is acting as the President's designee) of a final determination not to proceed with an investigation by the President of a takeover action.
Requires persons controlled by or acting on behalf of a foreign government or person to notify the President (or the President's designee) in writing of any proposed takeover of critical infrastructure, providing information necessary to assess national security effects. Requires notice to Congress within 15 days of such notification and at the commencement of an investigation.
Requires the President to report quarterly to Congress on all takeovers that were subject to investigation or review during the quarter.
Makes CFIUS the President's designee for purposes of the takeover investigation provisions. | {"src": "billsum_train", "title": "A bill to add the heads of certain Federal intelligence agencies to the Committee on Foreign Investment in the United States, to require enhanced notification to Congress and for other purposes."} | 1,919 | 376 | 0.617756 | 1.872574 | 0.792215 | 2.496815 | 5.226115 | 0.847134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consumer Mobile Fairness Act of
2011''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Consumer use of mobile services has dramatically
increased over the last 2 decades, with many consumers relying
primarily or solely on a mobile device for voice, data, and
Internet use.
(2) Consumer disputes of mobile services agreements often
involve small amounts in controversy.
(3) Disputes involving small amounts in controversy are
well-suited for class litigation, as class litigation allows a
more efficient process than numerous similar individual
actions, distributes the costs of litigation across a large
pool of plaintiffs, and may present a stronger incentive for a
defendant to cease or change harmful behavior.
(4) Many contracts for mobile services contain clauses that
require aggrieved consumers to waive their right to litigate as
an individual or class and instead submit to binding
arbitration of any future dispute.
(5) Several States have found, through legislation or case
law, that the clauses described in paragraph (4) are
unconscionable or unenforceable when they bar class litigation.
(6) On April 27, 2011, the Supreme Court, in its decision
in AT&T Mobility, LLC v. Concepcion, 563 U.S. _, slip op.
(2011), held that States must enforce mandatory binding
arbitration clauses even if they bar class litigation.
(7) The Concepcion decision restricts consumers' ability to
resolve disputes against providers of mobile services.
SEC. 3. ARBITRATION OF MOBILE SERVICE DISPUTES.
(a) In General.--Title 9, United States Code, is amended by adding
at the end the following:
``CHAPTER 4--ARBITRATION OF COMMERCIAL MOBILE SERVICE DISPUTES
``Sec.
``401. Definitions.
``402. Validity and enforceability.
``SEC. 401. DEFINITIONS.
``In this chapter--
``(1) the term `commercial mobile service' has the same
meaning as in section 332 of the Communications Act of 1934 (47
U.S.C. 332);
``(2) the term `covered individual' means an individual who
acquires, or attempts to acquire, commercial mobile service for
personal, family, or household use;
``(3) the term `mobile broadband Internet access service'
means a retail service by wire or radio that provides the
capability to transmit data and receive data from the Internet,
including any capabilities that are incidental to and enable
the operation of a communications service, that services end
users primarily using mobile stations;
``(4) the term `mobile service' means commercial mobile
service or mobile broadband Internet access service; and
``(5) the term `pre-dispute arbitration agreement' means
any agreement to arbitrate a dispute that had not yet arisen at
the time of the making of the agreement.
``SEC. 402. VALIDITY AND ENFORCEABILITY.
``(a) In General.--Notwithstanding any other provision of law, a
predispute arbitration agreement between a covered individual and a
provider of mobile service shall not be valid or enforceable.
``(b) Applicability.--An issue as to whether this chapter applies
to an arbitration agreement shall be determined under Federal law. The
applicability of this chapter to an agreement to arbitrate shall be
determined by a court, rather than an arbitrator, irrespective of
whether the party resisting arbitration challenges the arbitration
agreement specifically or in conjunction with other terms of the
contract containing the agreement.''.
(b) Technical and Conforming Amendments.--
(1) In general.--Title 9 of the United States Code is
amended--
(A) in section 2, by inserting ``or as otherwise
provided in chapter 4'' before the period at the end;
(B) in section 208--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.'';
and
(C) in section 307--
(i) in the section heading, by striking
``Chapter 1; residual application'' and
inserting ``Application''; and
(ii) by adding at the end the following:
``This chapter applies to the extent that this
chapter is not in conflict with chapter 4.''.
(2) Table of sections.--
(A) Chapter 2.--The table of sections for chapter 2
of title 9, United States Code, is amended by striking
the item relating to section 208 and inserting the
following:
``208. Application.''.
(B) Chapter 3.--The table of sections for chapter 3
of title 9, United States Code, is amended by striking
the item relating to section 307 and inserting the
following:
``307. Application.''.
(3) Table of chapters.--The table of chapters for title 9,
United States Code, is amended by adding at the end the
following:
``4. Arbitration of mobile service disputes................. 401''.
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act shall take effect on
the date of enactment of this Act and shall apply with respect to any
dispute or claim that arises on or after the date of enactment of this
Act. | Consumer Mobile Fairness Act of 2011 - Renders invalid or unenforceable any pre-dispute arbitration agreement between an individual and a provider of commercial mobile service or mobile broadband Internet access service. Defines a "pre-dispute arbitration agreement" as an agreement to arbitrate a dispute that has not yet arisen at the time of the making of such agreement. | {"src": "billsum_train", "title": "A bill to amend title 9 of the United States Code to prohibit mandatory arbitration clauses in contracts for mobile service."} | 1,210 | 80 | 0.485381 | 1.288927 | 0.769206 | 3.409091 | 17.090909 | 0.893939 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improve Nutrition Program Integrity
and Deficit Reduction Act of 2013''.
SEC. 2. RESTORING PROGRAM INTEGRITY TO CATEGORICAL ELIGIBILITY FOR THE
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.
(a) In General.--The second sentence of section 5(a) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking
``receives benefits under a State program'' and inserting ``receives
assistance (as defined in section 260.31 of title 45, Code of Federal
Regulations, as in effect on January 1, 2013) under a State program''.
(b) Resources.--Section 5(j) of the Food and Nutrition Act of 2008
(7 U.S.C. 2014(j)) is amended by striking ``receives benefits under a
State program'' and inserting ``receives assistance (as defined in
section 260.31 of title 45, Code of Federal Regulations, as in effect
on January 1, 2013) under a State program''.
SEC. 3. ELIMINATING THE LOW-INCOME HOME ENERGY ASSISTANCE LOOPHOLE.
(a) In General.--Section 5 of the Food and Nutrition Act of 2008 (7
U.S.C. 2014) is amended--
(1) in subsection (d)(11)(A), by striking ``(other than''
and all that follows through ``et seq.))'' and inserting
``(other than payments or allowances made under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) or any
payments under any other State program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i) of
that Act (42 U.S.C. 609(a)(7)(B)(1))))'';
(2) in subsection (e)(6)(C), by striking clause (iv); and
(3) in subsection (k)--
(A) in paragraph (2)--
(i) by striking subparagraph (C);
(ii) by redesignating subparagraphs (D)
through (G) as subparagraphs (C) through (F),
respectively; and
(iii) by striking paragraph (4).
(b) Conforming Amendments.--Section 2605(f) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8624(f)) is amended--
(1) in paragraph (1), by striking ``(1)''; and
(2) by striking paragraph (2).
SEC. 4. ELIMINATING INFLATION ADJUSTMENTS FOR COUNTABLE RESOURCES.
Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014) is amended--
(1) by striking ``(1) Total amount.--'' and all that
follows through ``The Secretary'' in subparagraph (A) and
inserting the following:
``(1) Total amount.--The Secretary'';
(2) by striking ``(as adjusted in accordance with
subparagraph (B))'' both places it appears; and
(3) by striking subparagraph (B).
SEC. 5. ENDING SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS FOR
LOTTERY OR GAMBLING WINNERS.
(a) In General.--Section 6 of the Food and Nutrition Act of 2008 (7
U.S.C. 2015) is amended by adding at the end the following:
``(r) Ineligibility for Benefits Due to Receipt of Substantial
Lottery or Gambling Winnings.--
``(1) In general.--Any household in which a member receives
substantial lottery or gambling winnings, as determined by the
Secretary, shall lose eligibility for benefits immediately upon
receipt of the winnings.
``(2) Duration of ineligibility.--A household described in
paragraph (1) shall remain ineligible for participation until
the household meets the allowable financial resources and
income eligibility requirements under subsections (c), (d),
(e), (f), (g), (i), (k), (l), (m), and (n) of section 5.
``(3) Agreements.--As determined by the Secretary, each
State agency, to the maximum extent practicable, shall
establish agreements with entities responsible for the
regulation or sponsorship of gaming in the State to determine
whether individuals participating in the supplemental nutrition
assistance program have received substantial lottery or
gambling winnings.''.
(b) Conforming Amendments.--Section 5(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by
striking ``sections 6(b), 6(d)(2), and 6(g)'' and inserting
``subsections (b), (d)(2), (g), and (r) of section 6''.
SEC. 6. ELIMINATING STATE BONUSES.
(a) In General.--Section 16 of the Food and Nutrition Act of 2008
(7 U.S.C. 2025) is amended by striking subsection (d).
(b) Conforming Amendments.--Section 16 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025) is amended--
(1) in subsection (c)--
(A) in the first sentence of paragraph (4), by
striking ``payment error rate'' and all that follows
through ``subsection (d)'' and inserting ``liability
amount or new investment amount under paragraph (1) or
payment error rate''; and
(B) in the first sentence of paragraph (5), by
striking ``payment error rate'' and all that follows
through ``subsection (d)'' and inserting ``liability
amount or new investment amount under paragraph (1) or
payment error rate''; and
(2) in subsection (i)(1), by striking ``subsection (d)(1)''
and inserting ``subsection (c)(2)''.
SEC. 7. ELIMINATING DUPLICATIVE EMPLOYMENT AND TRAINING.
(a) Funding of Employment and Training Programs.--Section 16 of
Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking
subsection (h).
(b) Administrative Cost-Sharing.--
(1) In general.--Section 16(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(a)) is amended in the first
sentence, in the matter preceding paragraph (1), by inserting
``(other than a program carried out under section 6(d)(4))''
after ``supplemental nutrition assistance program''.
(2) Conforming amendments.--
(A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food
and Nutrition Act of 2008 (7 U.S.C.
2026(b)(1)(B)(iv)(III)(hh)) is amended by striking
``(g), (h)(2), or (h)(3)'' and inserting ``or (g)''.
(B) Section 22(d)(1)(B)(ii) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is
amended by striking ``, (g), (h)(2), and (h)(3)'' and
inserting ``and (g)''.
(c) Workfare.--
(1) In general.--Section 20 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2029) is amended by striking subsection (g).
(2) Conforming amendment.--Section 17(b)(1)(B)(iv)(III)(jj)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2026(b)(1)(B)(iv)(III)(jj)) is amended by striking ``or
(g)(1)''.
SEC. 8. ELIMINATING INFLATION ADJUSTMENTS FOR EMERGENCY FOOD ASSISTANCE
RESOURCES.
Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) is amended--
(1) in paragraph (1), by striking ``2008 through 2012'' and
inserting ``2014 through 2018''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Amounts.--The Secretary shall use to carry out
paragraph (1) $260,000,000 for each of fiscal years 2014
through 2018.''.
SEC. 9. ELIMINATING THE NUTRITION EDUCATION GRANT PROGRAM.
Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a)
is repealed.
SEC. 10. TERMINATING AN INCREASE IN BENEFITS.
Section 101(a) of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 120; 124 Stat.
2394; 124 Stat. 3265) is amended by striking paragraph (2) and
inserting the following:
``(2) Termination.--The authority provided by this
subsection shall terminate after February 1, 2013.''. | Improve Nutrition Program Integrity and Deficit Reduction Act of 2013 - Amends the Food and Nutrition Act of 2008 to make households in which each member receives state assistance under the temporary assistance to needy families program (TANF), the supplemental security income program (SSI), or aid to the aged, blind, or disabled program (AABD) eligible for the supplemental nutrition assistance program (SNAP, formerly the food stamp program). (Current law bases categorical SNAP eligibility upon state benefits received rather than assistance.) States that any household in which a member receives substantial lottery or gambling winnings shall lose SNAP eligibility immediately upon receipt of such winnings and shall remain ineligible until the household meets the allowable financial resources and income eligibility requirements. Eliminates: (1) the exclusion of low-income home energy assistance from SNAP household income determinations, (2) bonuses for states that demonstrate high or most improved performance, (3) inflation adjustments for emergency food assistance resources, (4) inflation adjustments for countable financial resources, (5) funding of employment and training programs, (6) the nutrition education grant program, and (7) funding of Workfare administrative expenses. Amends the American Recovery and Reinvestment Act of 2009 to: (1) terminate after February 1, 2013, the value of SNAP benefits and consolidated block grants for Puerto Rico and American Samoa from being calculated by using 113.6% of the June 2008 value of the thrifty food plan; and (2) permit the Secretary of Agriculture (USDA) to reduce the value of the maximum allotments, minimum allotments, or consolidated block grants for Puerto Rico and American Samoa below the FY2009 level. | {"src": "billsum_train", "title": "Improve Nutrition Program Integrity and Deficit Reduction Act of 2013"} | 2,170 | 361 | 0.504681 | 1.546382 | 0.712211 | 2.269841 | 5.355556 | 0.765079 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Tuition Assistance Act of
2002''.
SEC. 2. INCREASE IN DEDUCTION FOR QUALIFIED TUITION AND RELATED
EXPENSES.
(a) In General.--Paragraph (2) of section 222(b) of the Internal
Revenue Code of 1986 (relating to applicable dollar limit) is amended
to read as follows:
``(2) Applicable dollar limit.--The applicable dollar
amount for any taxable year shall be determined as follows:
Applicable
``Taxable year: dollar limit:
2002.......................................... $5,000
2003 and thereafter........................... $10,000.''.
(b) Phaseout based on adjusted gross income.--Subsection (b) of
section 222 of such Code (relating to dollar limitations) is amended by
adding at the end the following new paragraphs:
``(3) Limitation based on adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be allowable as a deduction under this
section shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph is the amount which bears the
same ratio to the amount which would be so allowable
as--
``(i) the excess of--
``(I) the taxpayer's adjusted gross
income for such taxable year, over
``(II) $65,000 ($130,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(4) Adjusted gross income.--For purposes of this
subsection, adjusted gross income shall be determined--
``(A) without regard to this section and
sections 911, 931, and 933, and
``(B) after application of sections 86,
135, 137, 219, 221, and 469.
``(5) Adjustments for inflation.--
``(A) In general.--In the case of a taxable year
beginning after 2002, the $65,000 and $130,000 amounts
in paragraph (3)(B)(i)(II) shall be increased by an
amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year in which the taxable year begins,
determined by substituting `calendar year 2001'
for `calendar year 1992' in subparagraph (B)
thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $1,000, such
amount shall be rounded to the next lowest multiple of
$1,000.''.
(c) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after December 31,
2001.
SEC. 3. EXPANSION OF LIFETIME LEARNING CREDIT.
(a) In General.--Section 25A(c)(1) of the Internal Revenue Code of
1986 (relating to lifetime learning credit) is amended by striking ``20
percent'' and inserting ``28 percent''.
(b) Increase in AGI Limits.--
(1) In general.--Subsection (d) of section 25A of such Code
(relating to limitation based on modified adjusted gross
income) is amended to read as follows:
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) Hope credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(1) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $40,000 ($80,000 in the case
of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(2) Lifetime learning credit.--
``(A) In general.--The amount which would (but for
this subsection) be taken into account under subsection
(a)(2) shall be reduced (but not below zero) by the
amount determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $50,000 ($100,000 in the
case of a joint return), bears to
``(ii) $10,000 ($20,000 in the case of a
joint return).
``(3) Modified adjusted gross income.--For purposes of this
subsection, the term `modified adjusted gross income' means the
adjusted gross income of the taxpayer for the taxable year
increased by any amount excluded from gross income under
section 911, 931, or 933.''.
(2) Conforming amendments.--
(A) Section 25A(h)(2)(A) of such Code is amended by
striking ``subsection (d)(2)'' and inserting
``subsection (d)(1)(B) and the $50,000 and $100,000
amounts in subsection (d)(2)(B)''.
(B) Section 25A(h)(2)(A)(ii) of such Code is
amended by striking ``determined by substituting'' and
all that follows and inserting the following:
``determined--
``(I) in the case of the $40,000
and $80,000 amounts in subsection
(d)(1)(B)(i)(II), by substituting
`calendar year 2000' for `calendar year
1992' in subparagraph (B) thereof, and
``(II) in the case of the $50,000
and $100,000 amounts in subsection
(d)(2)(B)(i)(II), by substituting
`calendar year 2001' for `calendar year
1992' in subparagraph (B) thereof.''.
(c) Use of Certain Needs-Based Aid for Qualified Expenses.--Section
25A(g)(2)(C) of the Internal Revenue Code of 1986 (relating to
adjustment for certain scholarships , etc.) is amended by inserting
``or needs-based aid received under part A of title IV of the Higher
Education Act of 1965'' after ``section 102(a)''.
(d) Effective Date.--The amendments made by this section shall
apply to expenses paid after December 31, 2001 (in taxable years ending
after such date), for education furnished in academic periods beginning
after such date.
SEC. 4. EXPANSION OF STUDENT LOAN INTEREST DEDUCTION ALLOWED ON A PER
STUDENT BASIS.
(a) In General.--Section 221(b)(1) of the Internal Revenue Code of
1986 (relating to maximum deduction) is amended by inserting ``with
respect to qualified education loans of each eligible student'' after
``paragraph (2),''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to any loan interest paid after December 31, 2001, in
taxable years ending after such date.
SEC. 5. EXTENSION AND INCREASE OF PELL GRANT MAXIMUM AMOUNTS.
Section 401(b)(2)(A) of the Higher Education Act of 1965 (20 U.S.C.
1070a(b)(2)(A)) is amended by striking clauses (i) through (v) and
inserting the following:
``(i) $6,500 for academic year 2003-2004; and
``(ii) $7,000 for academic year 2004-2005,''. | College Tuition Assistance Act of 2002 - Amends the Internal Revenue Code to increase the applicable dollar amount for the qualified tuition and related expenses deduction from $3,000 (for 2002 and 2003) and $4,000 (for 2004 and 2005) to $10,000.Increases the Lifetime Learning Credit percentage from 20 to 28 percent.Permits the student loan interest deduction on a per student basis.Amends the Higher Education Act of 1965 to extend and increase Pell grant maximum amounts ($6,500 for academic year 2003-2004 and $7,000 for academic year 2004-2005). | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to increase tax incentives for higher education."} | 1,845 | 119 | 0.489995 | 1.225246 | 0.508663 | 2.980952 | 15.038095 | 0.92381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Responsible Consumer Financial
Protection Regulations Act of 2011''.
SEC. 2. ESTABLISHMENT OF THE COMMISSION.
Section 1011 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5491) is amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (j); and
(3) by inserting after subsection (a) the following new
subsections:
``(b) Establishment of the Commission.--
``(1) In general.--There is hereby established a commission
(hereafter in this title referred to as the `Commission') that
shall serve as the head of the Bureau.
``(2) Authority to prescribe regulations.--The Commission
may prescribe such regulations and issue such orders in
accordance with this title as the Commission may determine to
be necessary for carrying out this title and all other laws
within the jurisdiction of the Commission, and shall exercise
any authorities granted under this title and all other laws
within the jurisdiction of the Commission.
``(c) Composition of the Commission.--
``(1) In general.--The Commission shall be composed of 5
members, who shall be appointed by the President, by and with
the advice and consent of the Senate, from among individuals
who--
``(A) are citizens of the United States; and
``(B) have strong competencies and experiences
related to consumer financial protection.
``(2) Staggering.--The members of the Commission shall
serve staggered terms, which initially shall be established by
the President for terms of 1, 2, 4, and 5 years, respectively.
``(3) Terms.--
``(A) In general.--Each member of the Commission,
including the Chair, shall serve for a term of 5 years.
``(B) Removal for cause.--The President may remove
any member of the Commission only for inefficiency,
neglect of duty, or malfeasance in office.
``(C) Vacancies.--Any member of the Commission
appointed to fill a vacancy occurring before the
expiration of the term to which the predecessor of that
member was appointed (including the Chair) shall be
appointed only for the remainder of the term.
``(D) Continuation of service.--Each member of the
Commission may continue to serve after the expiration
of the term of office to which that member was
appointed until a successor has been appointed by the
President and confirmed by the Senate, except that a
member may not continue to serve more than 1 year after
the date on which the term of that member would
otherwise expire.
``(E) Other employment prohibited.--No member of
the Commission shall engage in any other business,
vocation, or employment during the term of service of
that member on the Commission.
``(d) Affiliation.--With respect to members appointed pursuant to
subsection (c), not more than 3 shall be members of any one political
party.
``(e) Chair of the Commission.--
``(1) Appointment.--The Chair of the Commission shall be
appointed by the President from among the members of the
Commission.
``(2) Authority.--The Chair shall be the principal
executive officer of the Bureau, and shall exercise all of the
executive and administrative functions of the Bureau, including
with respect to--
``(A) the appointment and supervision of personnel
employed under the Bureau (other than personnel
employed regularly and full time in the immediate
offices of members of the Commission other than the
Chair);
``(B) the distribution of business among personnel
appointed and supervised by the Chair and among
administrative units of the Bureau; and
``(C) the use and expenditure of funds.
``(3) Limitation.--In carrying out any of the functions of
the Chair under this subsection, the Chair shall be governed by
general policies of the Commission and by such regulatory
decisions, findings, and determinations as the Commission may
by law be authorized to make.
``(4) Requests or estimates related to appropriations.--
Requests or estimates for regular, supplemental, or deficiency
appropriations on behalf of the Commission may not be submitted
by the Chair without the prior approval of the Commission.
``(f) No Impairment by Reason of Vacancies.--No vacancy in the
membership of the Commission shall impair the right of the remaining
members of the Commission to exercise all the powers of the Commission.
Three members of the Commission shall constitute a quorum for the
transaction of business, except that if there are only 3 members
serving on the Commission because of vacancies in the membership of the
Commission, 2 members of the Commission shall constitute a quorum for
the transaction of business. If there are only 2 members serving on the
Commission because of vacancies in the membership of the Commission, 2
members shall constitute a quorum for the 6-month period beginning on
the date of the vacancy which caused the number of Commission members
to decline to 2.
``(g) Seal.--The Commission shall have an official seal.
``(h) Compensation.--
``(1) Chair.--The Chair shall receive compensation at the
rate prescribed for level I of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) Other members of the commission.--The 4 members of
the Commission other than the Chair shall each receive
compensation at the rate prescribed for level II of the
Executive Schedule under section 5314 of title 5, United States
Code.
``(i) Initial Quorum Established.--During any time period prior to
the date of confirmation of at least 2 members of the Commission, one
member of the Commission shall constitute a quorum for the transaction
of business. Following the confirmation of at least 2 additional
commissioners, the quorum requirements of subsection (f) shall
apply.''.
SEC. 3. BRINGING THE BUREAU INTO THE REGULAR APPROPRIATIONS PROCESS.
Section 1017 of the Consumer Financial Protection Act of 2010 (12
U.S.C. 5497) is amended--
(1) in subsection (a)--
(A) by amending the heading of such subsection to
read as follows: ``Budget, Financial Management, and
Audit.--'';
(B) by striking paragraphs (1), (2), and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (1) and (2), respectively; and
(D) by striking subparagraphs (E) and (F) of
paragraph (1), as so redesignated;
(2) by striking subsections (b), (c), and (d);
(3) by redesignating subsection (e) as subsection (b); and
(4) in subsection (b), as so redesignated--
(A) by striking paragraphs (1), (2), and (3) and
inserting the following:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Bureau, to carry out this title--
``(A) not more than $143,000,000 for fiscal year
2011; and
``(B) not more than $329,000,000 for fiscal year
2012.''; and
(B) by redesignating paragraph (4) as paragraph
(2).
SEC. 4. CONFORMING AMENDMENTS.
(a) Consumer Financial Protection Act of 2010.--
(1) In general.--Except as provided under paragraph (1),
the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481
et seq.) is amended--
(A) by striking ``Director of the'' each place such
term appears, other than where such term is used to
refer to a Director other than the Director of the
Bureau of Consumer Financial Protection;
(B) by striking ``Director'' each place such term
appears, other than where such term is used to refer to
a Director other than the Director of the Bureau of
Consumer Financial Protection, and inserting
``Bureau''; and
(C) in section 1002, by striking paragraph (10) and
inserting the following:
``(10) [Reserved].''.
(2) Exceptions.--The Consumer Financial Protection Act of
2010 (12 U.S.C. 5481 et seq.) is amended--
(A) in section 1012(c)(4) (12 U.S.C. 5492(c)(4)),
by striking ``Director'' each place such term appears
and inserting ``Commission of the Bureau'';
(B) in section 1013(c)(3) (12 U.S.C. 5493(c)(3))--
(i) by striking ``Assistant Director of the
Bureau for'' and inserting ``Head of the Office
of''; and
(ii) in subparagraph (B), by striking
``Assistant Director'' and inserting ``Head of
the Office'';
(C) in section 1013(g)(2) (12 U.S.C. 5493(g)(2))--
(i) in the paragraph heading, by striking
``Assistant director'' and inserting ``Head of
the office''; and
(ii) by striking ``an assistant director''
and inserting ``a Head of the Office of
Financial Protection for Older Americans'';
(D) in section 1016(a) (12 U.S.C. 5496(a)), by
striking ``Director of the Bureau'' and inserting
``Chair of the Commission''; and
(E) in section 1066(a) (12 U.S.C. 5586(a)), by
striking ``Director of the Bureau is'' and inserting
``first member of the Commission is''.
(b) Dodd-Frank Wall Street Reform and Consumer Protection Act.--The
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law
111-203) is amended--
(1) in section 111(b)(1)(D) (12 U.S.C. 5321), by striking
``Director'' and inserting ``Chair of the Commission''; and
(2) in section 1447 (12 U.S.C. 1701p-2), by striking
``Director of the Bureau'' each place such term appears and
inserting ``Bureau''.
(c) Electronic Fund Transfer Act.--Section 920(a)(4)(C) of the
Electronic Fund Transfer Act (15 U.S.C. 1693o-2(a)(4)(C)), as added by
section 1075(a)(2) of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Bureau of Consumer Financial
Protection'' and inserting ``Bureau of Consumer Financial Protection''.
(d) Expedited Funds Availability Act.--The Expedited Funds
Availability Act (12 U.S.C. 4001 et seq.), as amended by section 1086
of the Consumer Financial Protection Act of 2010, is amended by
striking ``Director of the Bureau'' each place such term appears and
inserting ``Bureau''.
(e) Federal Deposit Insurance Act.--Section 2 of the Federal
Deposit Insurance Act (12 U.S.C. 1812), as amended by section 336(a) of
the Dodd-Frank Wall Street Reform and Consumer Protection Act, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' each place such term appears and inserting ``Chair of the
Commission of the Bureau of Consumer Financial Protection''.
(f) Federal Financial Institutions Examination Council Act of
1978.--Section 1004(a)(4) of the Federal Financial Institutions
Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended by
section 1091 of the Consumer Financial Protection Act of 2010, is
amended by striking ``Director of the Consumer Financial Protection
Bureau'' and inserting ``Chair of the Commission of the Bureau of
Consumer Financial Protection''.
(g) Financial Literacy and Education Improvement Act.--Section 513
of the Financial Literacy and Education Improvement Act (20 U.S.C.
9702), as amended by section 1013(d) of the Consumer Financial
Protection Act of 2010, is amended by striking ``Director'' each place
such term appears and inserting ``Chair of the Commission''.
(h) Home Mortgage Disclosure Act of 1975.--Section 307 of the Home
Mortgage Disclosure Act of 1975 (12 U.S.C. 2806), as amended by section
1094(6) of the Consumer Financial Protection Act of 2010, is amended by
striking ``Director of the Bureau of Consumer Financial Protection''
each place such term appears and inserting ``Bureau of Consumer
Financial Protection''.
(i) Interstate Land Sales Full Disclosure Act.--The Interstate Land
Sales Full Disclosure Act (15 U.S.C. 1701 et seq.), as amended by
section 1098A of the Consumer Financial Protection Act of 2010, is
amended--
(1) in section 1402, by striking paragraph (1) and
inserting the following:
``(1) `Chair' means the Chair of the Commission of the Bureau of
Consumer Financial Protection;''; and
(2) in section 1416(a), by striking ``Director of the
Bureau of Consumer Financial Protection'' and inserting
``Chair''.
(j) Real Estate Settlement Procedures Act of 1974.--Section 5 of
the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2604), as
amended by section 1450 of the Dodd-Frank Wall Street Reform and
Consumer Protection Act, is amended--
(1) by striking ``The Director of the Bureau of Consumer
Financial Protection (hereafter in this section referred to as
the `Director')'' and inserting ``The Bureau of Consumer
Financial Protection''; and
(2) by striking ``Director'' each place such term appears
and inserting ``Bureau''.
(k) S.A.F.E. Mortgage Licensing Act of 2008.--The S.A.F.E. Mortgage
Licensing Act of 2008 (12 U.S.C. 5101), as amended by section 1100 of
the Consumer Financial Protection Act of 2010, is amended--
(1) by striking ``Director'' each place such term appears,
other than where such term is used in the context of the
Director of the Office of Thrift Supervision, and inserting
``Bureau''; and
(2) in section 1503, by striking paragraph (10).
(l) Title 44, United States Code.--Section 3513(c) of title 44,
United States Code, as amended by section 1100D(b) of the Consumer
Financial Protection Act of 2010, is amended by striking ``Director of
the Bureau'' and inserting ``Bureau''. | Responsible Consumer Financial Protection Regulations Act of 2011 - Amends the Consumer Financial Protection Act of 2010, title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act, to replace the position of Director of the Bureau of Consumer Financial Protection with a five-member Commission whose members are appointed by the President, by and with the advice and consent of the Senate.
Prohibits the Chair of the Commission from making requests for estimates related to appropriations without the prior approval of the Commission.
Revises procedures for funding the Bureau. Eliminates the Consumer Financial Protection Fund and the requirement that the Board of Governors of the Federal Reserve System transfer funds to the Bureau from the combined earnings of the Federal Reserve System. Authorizes appropriations for FY2011-FY2012. | {"src": "billsum_train", "title": "A bill to replace the Director of the Bureau of Consumer Financial Protection with a 5-person Commission, to bring the Bureau into the regular appropriations process, and for other purposes."} | 3,289 | 168 | 0.551691 | 1.47687 | 0.660037 | 3.916084 | 20.377622 | 0.839161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National All Schedules Prescription
Electronic Reporting Act of 2002''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) The Harold Rogers Prescription Monitoring Program has
supplied and will continue to supply critically important
information and experience regarding effective prescription
drug monitoring practices.
(2) Schedule II, III, and IV controlled substances have a
useful and legitimate medical purpose and are necessary to
maintain the health and general welfare of the American people.
(3) Schedule II, III, and IV controlled substances have a
moderate to high potential for misuse when the prescribing
practitioner is unaware of all such prescriptions that a
patient is receiving, including abuse, improper use, and
illegal distribution.
(4) Such misuse imposes substantial and detrimental effects
on the health and welfare of the American people.
(5) Currently there is no national databank that health
care practitioners and pharmacists who, respectively, prescribe
and dispense schedule II, III, and IV controlled substances can
access to determine whether a particular prescription is
medically unnecessary.
(6) A national electronic databank, supported by State
databanks where they are established under State law, would
allow providers to access the information necessary to
ascertain that a particular prescription may be unnecessary or
the subject of misuse.
(7) A major portion of the use and misuse of schedule II,
III, and IV controlled substances involves interstate and
foreign commerce.
(8) Schedule II, III, and IV controlled substances
dispensed intrastate cannot be differentiated from schedule II,
III, and IV controlled substances that are dispensed
interstate, and have significant interstate effects.
SEC. 3. ELECTRONIC MONITORING SYSTEM FOR DISPENSING CONTROLLED
SUBSTANCES.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding after section 399N the following:
``SEC. 399O. ELECTRONIC MONITORING SYSTEM FOR DISPENSING CONTROLLED
SUBSTANCES.
``(a) Establishment.--The Secretary, acting through the
Administrator of the Health Resources and Services Administration,
shall establish an electronic system for practitioner monitoring of the
dispensing of any schedule II, III, or IV controlled substance
involving patients under their care.
``(b) No Fee or Tax.--A practitioner shall not be required to pay a
fee or tax in connection with the system established under subsection
(a).
``(c) Reporting Requirement.--Every dispenser shall report to the
Secretary the information required by this section in a timely manner
as prescribed by the Secretary, except that reporting shall not be
required for--
``(1) a drug administered directly to a patient; or
``(2) a drug dispensed in a quantity limited to an amount
adequate to treat the patient for 48 hours or less.
``(d) Information To Be Reported.--The Secretary shall determine by
regulation the information to be reported under subsection (a) for each
schedule II, III, or IV controlled substance. Such information shall
include the following:
``(1) Patient identifier.
``(2) Drug dispensed.
``(3) Date of dispensing.
``(4) Quantity dispensed.
``(5) Number of refills ordered.
``(6) Practitioner who signed the prescription.
``(7) Dispenser.
``(e) Electronic Format.--The Secretary shall specify the
electronic format for the reporting of information under subsection
(a), and may waive the requirement of such format with respect to an
individual dispenser.
``(f) Provision of Information.--The Secretary may provide
information from the system established under subsection (a) and, in
the case of a request under paragraph (2), compilations of such
information, in response to a request by--
``(1) a practitioner who certifies that the requested
information is for the purpose of providing medical or
pharmaceutical treatment or evaluating the need for such
treatment to a bona fide current patient; or
``(2) any local, State, or Federal law enforcement,
narcotics control, licensure, disciplinary, or program
authority, who certifies that--
``(A) the requested information is related to an
investigation or proceeding involving the unlawful
diversion or misuse of a schedule II, III, or IV
substance, and the authority has reasonable cause to
conclude that such information will further the purpose
of the investigation or assist in the proceeding; or
``(B) the requested information is necessary for
research purposes, but only in the case of research to
be conducted by the Department of Health and Human
Services, a State medicaid program, or the Drug
Enforcement Administration, and the intended purpose of
the research is related to a function committed to such
agency by law that is not investigative in nature.
``(g) Rule of Construction.--Nothing in this section shall be
construed to restrict the ability of any authority, including any
local, State, or Federal law enforcement, narcotics control, licensure,
disciplinary, or program authority, to secure information as otherwise
authorized by law.
``(h) Limitation.--The Secretary shall make reasonable efforts to
limit the information provided pursuant to a valid request under
subsection (f) to the minimum necessary to accomplish the intended
purpose of the request. The Secretary shall also make reasonable
efforts to implement a real-time electronic system, as consistent with
any available appropriated funds. Reports or communications made under
subsections (c), (f)(1), or (f)(2)(A) shall not, in any event, be made
to or by the Secretary more than 1 week after the antecedent or
triggering request or event.
``(i) Subsequent Transfer of Information.--A person who, pursuant
to subsection (f), receives data or any report of the system from the
Secretary shall not provide the information to any other person or
entity except by order of a court of competent jurisdiction or other
legal authority, by written patient authorization as authorized under
section 164.508(b) of title 45, Code of Federal Regulations, or any
successor regulations, or as otherwise authorized or permitted by the
Health Insurance Portability and Accountability Act of 1996. The
provisions of subsections (f), (g), and (h) are deemed to comply with
the Health Insurance Portability and Accountability Act of 1996 and
regulations promulgated thereunder. This section shall not prevent the
disclosure of information by a local, State, or Federal law
enforcement, narcotics control, licensure, disciplinary, or program
authority to district attorneys, attorneys general, and others, in
furtherance of criminal investigations or prosecutions, or licensure,
disciplinary, or other judicial or administrative proceedings within
their respective jurisdictions.
``(j) Penalties.--
``(1) Any dispenser who knowingly fails to transmit
information to the Secretary as required by this section shall
be subject to a civil monetary penalty of $100 for each such
failure, and a maximum civil monetary penalty of $25,000 for
such failures concerning any particular patient.
``(2) Any person who seeks or makes a knowing disclosure of
transmitted information by or to a person not authorized by
subsection (f) or the Health Insurance Portability and
Accountability Act of 1996, or who knowingly obtains
information under this section not relating to a bona fide
specific current patient, shall be subject to a civil monetary
penalty of not more than $25,000 for each such violation.
``(k) State Monitoring System.--A State may elect to have its own
prescription monitoring system, subject to its own rules and
regulations, operating in its jurisdiction to the exclusion of the
Federal program created by this section, so long as the State system
provides the information required by this provision to the Federal
program in a fashion consistent with any requirements issued by the
Secretary. The Harold Rogers Prescription Monitoring Program and the
funding it provides may be accessed by a State electing to proceed
under this provision. This mechanism is intended to encourage States to
develop systems that may operate to provide additional information and
experience that will assist in the refinement of both the Federal and
State programs.
``(l) Definitions.--For purposes of this section:
``(1) The term `administered directly to a patient' means
the direct application of a schedule II, III, or IV controlled
substance to the body of a patient by a practitioner or by the
practitioner's agent in the practitioner's's presence, whether
such application is by injection, inhalation, ingestion, or any
other means.
``(2) The term `agent' means an authorized person who acts
on behalf of or at the direction of a practitioner.
``(3) The term `dispense' means to deliver a schedule II,
III, or IV controlled substance to an ultimate user pursuant to
the lawful order of a practitioner.
``(4) The term `dispenser' means a practitioner who so
delivers a schedule II, III, or IV controlled substance to an
ultimate user.
``(5) The term ``local, State, or Federal law enforcement,
narcotics control, licensure, disciplinary, or program
authority'' means--
``(A) any State or local officer authorized under
State or local law who is employed as an investigative
agent of a State or local narcotics control agency;
``(B) the Drug Enforcement Administration;
``(C) the executive director or chief investigator,
as designated by each board, of the State boards of
podiatry, dentistry, pharmacy, medical licensure,
osteopathic examiners, veterinary medical examiners,
nursing, or other boards representing appropriate
health care-related disciplines, but only with respect
to information relevant to licensees of the respective
boards;
``(D) the Department of Health and Human Services;
``(E) a State medicaid program;
``(F) a properly convened Federal or State grand
jury or other judicial authority pursuant to an
appropriately and properly issued subpoena; or
``(G) any contractor selected by the Secretary to
establish or maintain the prescription database if the
Secretary imposes appropriate restrictions on such
contractor and its personnel.
``(6) The term `patient identifier' means the patient's--
``(A) full name;
``(B) address, including zip code;
``(C) date of birth; and
``(D) social security number or alternative
identification number.
``(7) The term `practitioner' means a physician, nurse
practitioner, clinical nurse specialist, physician assistant,
dentist, veterinarian, pharmacist, hospital, or other person
licensed, registered, or otherwise permitted under Federal or
State law to distribute, dispense, or administer a controlled
substance in the course of professional practice.
``(8) The term `schedule II, III, or IV controlled
substance' means a controlled substance (as that term is
defined in section 102 of the Controlled Substances Act)
included in schedule II, III, or IV of section 202 of such
Act.''. | National All Schedules Prescription Electronic Reporting Act of 2002 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to establish an electronic system for practitioner monitoring of the dispensing of any schedule II, III, or IV controlled substance to patients. Directs dispensers to report the information required under this Act to the Secretary as prescribed by the Secretary, with specified exceptions.Requires the Secretary to specify the electronic format for the reporting of the information required under this Act, but allows the Secretary to waive the required format for an individual dispenser. Allows the Secretary to provide information from the monitoring system to practitioners and specified government personnel under certain circumstances. States that this Act shall not preclude any authority from securing information as otherwise authorized by law.Directs the Secretary to make reasonable efforts to implement a real-time electronic system.Specifies the circumstances in which information provided by the Secretary from the monitoring system can lawfully be subsequently transmitted.Assesses civil monetary penalties for the failure to communicate information requested by the Secretary and for the unauthorized disclosure of information transmitted by the Secretary. Allows a State to have its own prescription monitoring system to the exclusion of the Federal program so long as the State system provides the information required by this Act to the Federal program in a fashion set forth by the Secretary. | {"src": "billsum_train", "title": "To amend the Public Health Service Act to establish an electronic system for practitioner monitoring of the dispensing of any schedule II, III, or IV controlled substance, and for other purposes."} | 2,445 | 296 | 0.601568 | 1.919003 | 0.766593 | 3.675573 | 8.79771 | 0.896947 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Tribal Justice Technical and
Legal Assistance Act of 2000''.
SEC. 2. FINDINGS.
The Congress finds and declares that--
(1) there is a government-to-government relationship between
the United States and Indian tribes;
(2) Indian tribes are sovereign entities and are responsible
for exercising governmental authority over Indian lands;
(3) the rate of violent crime committed in Indian country is
approximately twice the rate of violent crime committed in the
United States as a whole;
(4) in any community, a high rate of violent crime is a major
obstacle to investment, job creation and economic growth;
(5) tribal justice systems are an essential part of tribal
governments and serve as important forums for ensuring the health
and safety and the political integrity of tribal governments;
(6) Congress and the Federal courts have repeatedly recognized
tribal justice systems as the most appropriate forums for the
adjudication of disputes affecting personal and property rights on
Native lands;
(7) enhancing tribal court systems and improving access to
those systems serves the dual Federal goals of tribal political
self-determination and economic self-sufficiency;
(8) there is both inadequate funding and an inadequate
coordinating mechanism to meet the technical and legal assistance
needs of tribal justice systems and this lack of adequate technical
and legal assistance funding impairs their operation;
(9) tribal court membership organizations have served a
critical role in providing training and technical assistance for
development and enhancement of tribal justice systems;
(10) Indian legal services programs, as funded partially
through the Legal Services Corporation, have an established record
of providing cost effective legal assistance to Indian people in
tribal court forums, and also contribute significantly to the
development of tribal courts and tribal jurisprudence; and
(11) the provision of adequate technical assistance to tribal
courts and legal assistance to both individuals and tribal courts
is an essential element in the development of strong tribal court
systems.
SEC. 3. PURPOSES.
The purposes of this Act are as follows:
(1) to carry out the responsibility of the United States to
Indian tribes and members of Indian tribes by ensuring access to
quality technical and legal assistance.
(2) To strengthen and improve the capacity of tribal court
systems that address civil and criminal causes of action under the
jurisdiction of Indian tribes.
(3) To strengthen tribal governments and the economies of
Indian tribes through the enhancement and, where appropriate,
development of tribal court systems for the administration of
justice in Indian country by providing technical and legal
assistance services.
(4) To encourage collaborative efforts between national or
regional membership organizations and associations whose membership
consists of judicial system personnel within tribal justice
systems; non-profit entities which provide legal assistance
services for Indian tribes, members of Indian tribes, and/or tribal
justice systems.
(5) To assist in the development of tribal judicial systems by
supplementing prior congressional efforts such as the Indian Tribal
Justice Act (Public Law 103-176).
SEC. 4. DEFINITIONS.
For purposes of this Act:
(1) Attorney general.--The term ``Attorney General'' means the
Attorney General of the United States.
(2) Indian lands.--The term ``Indian lands'' shall include
lands within the definition of ``Indian country'', as defined in
section 1151 of title 18, United States Code; or ``Indian
reservations'', as defined in section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)), or section 4(10) of the Indian
Child Welfare Act (25 U.S.C 1903(10)). For purposes of the
preceding sentence, such section 3(d) of the Indian Financing Act
shall be applied by treating the term ``former Indian reservations
in Oklahoma'' as including only lands which are within the
jurisdictional area of an Oklahoma Indian Tribe (as determined by
the Secretary of the Interior) and are recognized by such Secretary
as eligible for trust land status under part 151 of title 25, Code
of Federal Regulations (as in effect on the date of enactment of
this sentence).
(3) Indian tribe.--The term ``Indian tribe'' means any Indian
tribe, band, nation, pueblo, or other organized group or community
which administers justice or plans to administer justice under its
inherent authority or the authority of the United States and which
is recognized as eligible for the special programs and services
provided by the United States to Indian tribes because of their
status as Indians.
(4) Judicial personnel.--The term ``judicial personnel'' means
any judge, magistrate, court counselor, court clerk, court
administrator, bailiff, probation officer, officer of the court,
dispute resolution facilitator, or other official, employee, or
volunteer within the tribal judicial system.
(5) Non-profit entities.--The term ``non-profit entity'' or
``non-profit entities'' has the meaning given that term in section
501(c)(3) of the Internal Revenue Code of 1986.
(6) Office of tribal justice.--The term ``Office of Tribal
Justice'' means the Office of Tribal Justice in the United States
Department of Justice.
(7) Tribal justice system.--The term ``tribal court'', ``tribal
court system'', or ``tribal justice system'' means the entire
judicial branch, and employees thereof, of an Indian tribe,
including, but not limited to, traditional methods and fora for
dispute resolution, trial courts, appellate courts, including
inter-tribal appellate courts, alternative dispute resolution
systems, and circuit rider systems, established by inherent
tribunal authority whether or not they constitute a court of
record.
TITLE I--TRAINING AND TECHNICAL ASSISTANCE, CIVIL AND CRIMINAL LEGAL
ASSISTANCE GRANTS
SEC. 101. TRIBAL JUSTICE TRAINING AND TECHNICAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to national or regional membership organizations and
associations whose membership consists of judicial system personnel
within tribal justice systems which submit an application to the
Attorney General in such form and manner as the Attorney General may
prescribe to provide training and technical assistance for the
development, enrichment, enhancement of tribal justice systems, or
other purposes consistent with this Act.
SEC. 102. TRIBAL CIVIL LEGAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined under section 501(c)(3) of
the Internal Revenue Code of 1986, which provide legal assistance
services for Indian tribes, members of Indian tribes, or tribal justice
systems pursuant to Federal poverty guidelines that submit an
application to the Attorney General in such form and manner as the
Attorney General may prescribe for the provision of civil legal
assistance to members of Indian tribes and tribal justice systems, and/
or other purposes consistent with this Act.
SEC. 103. TRIBAL CRIMINAL ASSISTANCE GRANTS.
Subject to the availability of appropriations, the Attorney
General, in consultation with the Office of Tribal Justice, shall award
grants to non-profit entities, as defined by section 501(c)(3) of the
Internal Revenue Code of 1986, which provide legal assistance services
for Indian tribes, members of Indian tribes, or tribal justice systems
pursuant to Federal poverty guidelines that submit an application to
the Attorney General in such form and manner as the Attorney General
may prescribe for the provision of criminal legal assistance to members
of Indian tribes and tribal justice systems, and/or other purposes
consistent with this Act. Funding under this title may apply to
programs, procedures, or proceedings involving adult criminal actions,
juvenile delinquency actions, and/or guardian-ad-litem appointments
arising out of criminal or delinquency acts.
SEC. 104. NO OFFSET.
No Federal agency shall offset funds made available pursuant to
this Act for Indian tribal court membership organizations or Indian
legal services organizations against other funds otherwise available
for use in connection with technical or legal assistance to tribal
justice systems or members of Indian tribes.
SEC. 105. TRIBAL AUTHORITY.
Nothing in this Act shall be construed to--
(1) encroach upon or diminish in any way the inherent sovereign
authority of each tribal government to determine the role of the
tribal justice system within the tribal government or to enact and
enforce tribal laws;
(2) diminish in any way the authority of tribal governments to
appoint personnel;
(3) impair the rights of each tribal government to determine
the nature of its own legal system or the appointment of authority
within the tribal government;
(4) alter in any way any tribal traditional dispute resolution
fora;
(5) imply that any tribal justice system is an instrumentality
of the United States; or
(6) diminish the trust responsibility of the United States to
Indian tribal governments and tribal justice systems of such
governments.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
For purposes of carrying out the activities under this title, there
are authorized to be appropriated such sums as are necessary for fiscal
years 2000 through 2004.
TITLE II--INDIAN TRIBAL COURTS
SEC. 201. GRANTS.
(a) In General.--The Attorney General may award grants and provide
technical assistance to Indian tribes to enable such tribes to carry
out programs to support--
(1) the development, enhancement, and continuing operation of
tribal justice systems; and
(2) the development and implementation of--
(A) tribal codes and sentencing guidelines;
(B) inter-tribal courts and appellate systems;
(C) tribal probation services, diversion programs, and
alternative sentencing provisions;
(D) tribal juvenile services and multi-disciplinary
protocols for child physical and sexual abuse; and
(E) traditional tribal judicial practices, traditional
tribal justice systems, and traditional methods of dispute
resolution.
(b) Consultation.--In carrying out this section, the Attorney
General may consult with the Office of Tribal Justice and any other
appropriate tribal or Federal officials.
(c) Regulations.--The Attorney General may promulgate such
regulations and guidelines as may be necessary to carry out this title.
(d) Authorization of Appropriations.--For purposes of carrying out
the activities under this section, there are authorized to be
appropriated such sums as are necessary for fiscal years 2000 through
2004.
SEC. 202. TRIBAL JUSTICE SYSTEMS.
Section 201 of the Indian Tribal Justice Act (25 U.S.C. 3621) is
amended--
(1) in subsection (a), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(2) in subsection (b), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007'';
(3) in subsection (c), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''; and
(4) in subsection (d), by striking ``1994, 1995, 1996, 1997,
1998, 1999, and 2000'' and inserting ``2000 through 2007''.
TITLE III--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT
SEC. 301. ALASKA NATIVE VETERANS.
Section 41 of the Alaska Native Claims Settlement Act (43 U.S.C.
1629g) is amended as follows:
(1) Subsection (a)(3)(I)(4) is amended by striking ``and
Reindeer'' and inserting ``or''.
(2) Subsection (a)(4)(B) is amended by striking ``; and'' and
inserting ``; or''.
(3) Subsection (b)(1)(B)(i) is amended by striking ``June 2,
1971'' and inserting ``December 31, 1971''.
(4) Subsection (b)(2) is amended by striking the matter
preceding subparagraph (A) and inserting the following:
``(2) The personal representative or special administrator,
appointed in an Alaska State court proceeding of the estate of a
decedent who was eligible under subsection (b)(1)(A) may, for the
benefit of the heirs, select an allotment if the decedent was a veteran
who served in South East Asia at any time during the period beginning
August 5, 1964, and ending December 31, 1971, and during that period
the decedent--''.
SEC. 302. LEVIES ON SETTLEMENT TRUST INTERESTS.
Section 39(c) of the Alaska Native Claims Settlement Act (43 U.S.C.
1629e(c)) is amended by adding at the end the following new paragraph:
``(8) A beneficiary's interest in a settlement trust and the
distributions thereon shall be subject to creditor action (including
without limitation, levy attachment, pledge, lien, judgment execution,
assignment, and the insolvency and bankruptcy laws) only to the extent
that Settlement Common Stock and the distributions thereon are subject
to such creditor action under section 7(h) of this Act.''.
TITLE IV--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN
NATIVE, AND NATIVE HAWAIIAN YOUTH
SEC. 401. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR
AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE HAWAIIAN YOUTH.
(a) In General.--There are authorized to be appropriated to the
Secretary of Education for the Washington Workshops Foundation
$2,200,000 for administration of a national leadership symposium for
American Indian, Alaskan Native, and Native Hawaiian youth on the
traditions and values of American democracy.
(b) Content of Symposium.--The symposium administered under
subsection (a) shall--
(1) be comprised of youth seminar programs which study the
workings and practices of American national government in
Washington, DC, to be held in conjunction with the opening of the
Smithsonian National Museum of the American Indian; and
(2) envision the participation and enhancement of American
Indian, Alaskan Native, and Native Hawaiian youth in the American
political process by interfacing in the first-hand operations of
the United States Government.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Prohibits Federal agencies from offsetting funds made available for Indian tribal court membership organizations or Indian legal services organizations against other funds otherwise available for use in connection with technical or legal assistance to tribal justice systems or members.
Authorizes appropriations.
Title II: Indian Tribal Courts
- Authorizes the Attorney General to award grants and provide technical assistance to enable Indian tribes to carry out programs to support: (1) the development, enhancement, and continuing operation of tribal justice systems; and (2) the development and implementation of tribal codes and sentencing guidelines; inter-tribal courts and appellate systems; tribal probation services, diversion programs, and alternative sentencing provisions; tribal juvenile services and multi-disciplinary protocols for child physical and sexual abuse; and traditional tribal judicial practices, tribal justice systems, and methods of dispute resolution. Authorizes appropriations.
Amends the Indian Tribal Justice Act to extend the authorization of appropriations relating to tribal justice systems through FY 2007.
Title III: Technical Amendments to Alaska Native Claims Settlement Act
- Amends the Alaska Native Claims Settlement Act to make technical amendments to provisions regarding open season for allotments for certain Alaska Native veterans.
Revises eligibility requirements to make a veteran eligible for an allotment if the veteran served at least six months between January 1, 1969, and December 31, 1971 (currently, June 2, 1971), and meets other existing requirements.
Changes provisions regarding the authority of a personal representative of a decedent to select an allotment to authorize such representative or a special administrator appointed in an Alaska State court to select an allotment if the decedent was a veteran who served in Southeast Asia at any time during August 5, 1964, and December 31, 1971, and during such period: (1) was killed in action; (2) was wounded in action and died as a consequence of the wound; or (3) died while a prisoner of war. (Current law allows personal representatives to select such allotments if, between January 1, 1969, and December 31, 1971, one of such events occurred with respect to the decedent.)
Subjects a beneficiary's interest in a settlement trust and the distributions thereon to creditor action only to the extent that Settlement Common Stock and related distributions are subject to such action under the Act.
Title IV: National Leadership Symposium For American Indian, Alaskan Native, and Native Hawaiian Youth
- Authorizes appropriations to the Secretary of Education for the Washington Workshops Foundation for administration of a national leadership symposium for American Indian, Alaskan Native, and Native Hawaiian youth on the traditions and values of American democracy. | {"src": "billsum_train", "title": "Indian Tribal Justice Technical and Legal Assistance Act of 2000"} | 3,198 | 561 | 0.502791 | 1.795658 | 0.738925 | 4.386774 | 5.801603 | 0.87976 |
SECTION 1. FINDINGS.
The Congress finds the following:
(1) Paraprofessionals are not substitutes for certified
teachers.
(2) Small class size is fundamental to all learning, but
particularly in the early grades.
(3) Putting more adults in the classroom helps to increase
the attention paid to each student and to improve discipline.
(4) Expanding the availability of entry-level classroom
jobs that include opportunities for training and professional
development should encourage more adults to enter teacher
training and careers in education.
SEC. 2. FUNDS FOR RECRUITING, HIRING, AND TRAINING PARAPROFESSIONALS.
(a) State Allocations.--From the amount appropriated to carry out
this Act for each fiscal year, the Secretary of Education--
(1) shall make available 1 percent of such amount to the
Secretary of the Interior (on behalf of the Bureau of Indian
Affairs) and the outlying areas for activities under this Act;
and
(2) shall allocate the remainder by providing each State
the same percentage of that remainder as it received of the
funds allocated to States under section 306(a)(2) of the
Departments of Labor, Health and Human Services, and Education,
and Related Agencies Appropriations Act, 2001, as enacted by
section 1(a)(1) of Public Law 106-554.
(b) Local Agency Allocations.--Each State that receives funds under
this Act shall distribute 100 percent of such funds to local
educational agencies, of which--
(1) 80 percent of such amount shall be allocated to local
educational agencies in proportion to the number of children,
aged 5 to 17, who reside in the school district served by a
local educational agency from families with incomes below the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved for the most recent
fiscal year for which satisfactory data are available compared
to the number of such individuals who reside in the school
districts served by all the local educational agencies in the
State for that fiscal year; and
(2) 20 percent of such amount shall be allocated to local
educational agencies in accordance with the relative
enrollments of children, aged 5 to 17, in public and private
nonprofit elementary and secondary schools within the
boundaries of such agencies.
(c) Uses of Funds.--
(1) Purpose.--The basic purpose and intent of this Act is
to decrease the ratio of students to personnel in public
elementary and secondary school classrooms by assisting local
educational agencies in the recruitment, hiring, and training
of 100,000 new classroom paraprofessionals. Each local
educational agency that receives funds under this Act shall use
such funds to carry out effective approaches to achieving such
ratio reductions in order to improve educational achievement
for both regular and special needs children, with particular
consideration given to making such reductions in the early
elementary grades.
(2) Recruitment, hiring, and training.--
(A) In general.--Each local educational agency that
receives funds under this Act--
(i) may use up to 100 percent of the funds
under this Act for recruiting (including
through the use of signing bonuses and other
financial incentives), hiring, and training
paraprofessionals to assist teachers, including
teachers employed in bilingual education,
special education, and migrant education; and
(ii) may use up to 25 percent of the funds
under this Act--
(I) for providing professional
development (which may include such
activities as those described in
section 2210 of the Elementary and
Secondary Education Act of 1965 (as in
effect on the day before the date of
the enactment of the No Child Left
Behind Act of 2001 (Pub. L. 107-110;
115 Stat. 1425)), opportunities for
paraprofessionals to attend multi-week
institutes, such as those made
available during the summer months,
that provide intensive professional
development in partnership with local
educational agencies, and initiatives
that promote retention and mentoring),
to paraprofessionals, including
paraprofessionals who assist teachers
employed in bilingual education,
special education, and migrant
education; or
(II) to provide assistance to new
and existing paraprofessionals to
ensure that such individuals are highly
qualified consistent with the
requirements of subsections (c) and (d)
of section 1119 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6319).
(B) Special rule.--In the case of a local
educational agency that has already reduced the ratio
of students to instructional personnel in grades
kindergarten through 3 to 18 or less (or has already
reduced such ratio to a State or local goal that was in
effect on the day before the enactment of the
Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act,
2001 (Pub. L. 106-554; 114 Stat. 2763), if that State
or local educational agency goal is 20 or less) may use
100 percent of the funds received under this Act--
(i) to make further student-to-personnel
ratio reductions in grades kindergarten through
3;
(ii) to reduce the student-to-personnel
ratio in other grades;
(iii) to carry out activities to improve
paraprofessional quality, including
professional development; or
(iv) to assist paraprofessionals to obtain
the education necessary to become licensed and
certified teachers.
(3) Supplement, not supplant.--Each local educational
agency that receives funds under this Act shall use such funds
only to supplement, and not to supplant, State and local funds
that, in the absence of funds under this Act, would otherwise
be spent for activities under this Act.
(4) Limitation.--No funds made available under this Act may
be used to increase the salaries or provide benefits, other
than participation in professional development, education, or
enrichment programs, to paraprofessionals who are not hired
under this Act.
(d) Reporting.--
(1) In general.--Each State receiving funds under this Act
shall submit to the Secretary on a biennial basis a report
containing data on the use of funds, the types of services
furnished, and the students served under this Act.
(2) Reports to parents.--Each State and local educational
agency receiving funds under this Act shall publicly report to
parents on its progress in decreasing the ratio of students to
personnel in elementary and secondary school classrooms by
recruiting, hiring, and training paraprofessionals and on the
impact such activities have had, if any, on increasing student
academic achievement.
(3) Disclosure of qualifications.--Each school receiving
funds under this Act shall provide to parents, upon request,
the qualifications of each member of their child's classroom
instructional staff.
(e) Administrative Costs.--A local educational agency that receives
funds under this Act may use not more than 2 percent of such funds for
local administrative costs.
(f) Application.--Each local educational agency that desires to
receive funds under this Act shall include in the application required
under section 5133 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7215b) a description of the agency's program to reduce
the ratio of students to personnel in elementary and secondary school
classrooms by recruiting, hiring, and training paraprofessionals.
(g) Definitions.--For purposes of this Act:
(1) The term ``paraprofessional'' means an individual who
is employed in a public elementary or secondary school under
the supervision of a certified or licensed teacher, including
individuals employed in bilingual education, special education,
and migrant education.
(2) The term ``local educational agency'' has the meaning
given to that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(3) The term ``Secretary'' means the Secretary of
Education.
(4) The term ``State'' is defined as that term is used in
section 306(a)(2) of the Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations
Act, 2001, as enacted by section 1(a)(1) of Public Law 106-554.
(h) Authorization of Appropriations.--To carry out this Act, there
is authorized to be appropriated $1,000,000,000 for each of fiscal
years 2006 through 2010. | Directs the Secretary of Education to allot funds to States for distribution to local educational agencies (LEAs) to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children.
Requires that 80 percent of a State's allotment be allocated to LEAs on the basis of relative numbers of children from families with incomes below the poverty line residing in LEAs' school districts, and that the remainder be allocated on the basis of relative enrollments. | {"src": "billsum_train", "title": "To authorize the appropriation of funds to be used to recruit, hire, and train 100,000 new classroom paraprofessionals in order to improve educational achievement for children."} | 1,779 | 111 | 0.534324 | 1.362412 | 1.323797 | 2.168539 | 19.067416 | 0.842697 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Marine Corps Aviation Centennial
Commemorative Coin Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the year 2012 is the 100th Anniversary of the birth of
Marine Corps Aviation;
(2) Marine Corps Aviation's value to the individual Marine
and the Marine Corps as a whole has centered on a number of
long-established and essential hallmark qualities;
(3) such essential qualities, including adaptability,
agility, and being of one mind, have been seen during past
campaign successes, are witnessed during today's combat
operations, and are key planning factors for future aircraft
and aviation capabilities;
(4) Marine Corps Aviation, as an essential element of the
Marine Corps Air Ground Task Force, is critical to the
continuing success of our Nation's expeditionary ``Force in
Readiness'';
(5) in 2001, the Congress authorized the construction of
the Marine Corps Heritage Center, the purpose of which is to
provide a multipurpose facility to be used for historical
displays for the public viewing, curation, and storage of
artifacts, research facilities, classrooms, offices, and
associated activities, consistent with the mission of the
Marine Corps;
(6) the initial portion of the Marine Corps Heritage Center
opened on November 10, 2006;
(7) the United States should pay tribute to the Marine
Corps Aviation Centennial and to the United States Marine
Corps, by minting and issuing a commemorative $10 gold coin;
and
(8) the surcharge proceeds from the sale of a commemorative
coin, which would have no net costs to the taxpayers, would
raise valuable funding for the continuing construction of the
Marine Corps Heritage Center.
SEC. 3. COIN SPECIFICATIONS.
(a) $10 Gold Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 100,000 $10 coins, each of which shall--
(1) weigh 8.359 grams;
(2) have a diameter of 0.850 inches; and
(3) contain 90 percent gold and 10 percent alloy.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the warrior ethos of the United
States Marine Corps.
(2) Designation and inscriptions.--On each coin minted
under this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2013''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'' and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Marine Corps Historical Division and the Commission of Fine
Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the one-year period beginning on January 1,
2013.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in subsection (b) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Surcharges.--All sales of coins issued under this Act shall
include a surcharge of $35 per coin.
(c) Bulk Sales.--The Secretary shall make bulk sales of coins
issued under this Act at a reasonable discount.
(d) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) should be at a reasonable discount.
SEC. 7. DISTRIBUTION OF SURCHARGES.
(a) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Marine Corps Heritage Foundation for the purposes of construction
of the Marine Corps Heritage Center, as authorized by section 1 of
Public Law 106-398 (114 Stat. 1654).
(b) Audit.--The Marine Corps Heritage Foundation shall be subject
to the audit requirements of section 5134(f)(2) of title 31, United
States Code, with regard to the amounts received under subsection (a). | Marine Corps Aviation Centennial Commemorative Coin Act - Directs the Secretary of the Treasury, during the one-year period beginning on January 1, 2013, to mint and issue up to 100,000 $10 coins emblematic of the warrior ethos of the U.S. Marine Corps.
Requires all coin sales to include a $35 surcharge, and all surcharges received to be paid promptly to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center. | {"src": "billsum_train", "title": "A bill to require the Secretary of the Treasury to mint coins in commemoration of the Centennial of Marine Corps Aviation, and to support construction of the Marine Corps Heritage Center."} | 1,176 | 98 | 0.589728 | 1.662566 | 1.031846 | 4.047619 | 12.928571 | 0.952381 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Addressing Community Challenges
Emerging From Self-Driving Systems'' or the ``ACCESS Act''.
SEC. 2. ADVISORY COUNCIL ON IMPROVING MOBILITY ACCESS FOR UNDERSERVED
POPULATIONS AND SENIOR CITIZENS.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration an Advisory Council on Improving Mobility
Access for Underserved Populations and Senior Citizens (hereinafter
referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse
group representative of business, academia and independent researchers,
State and local authorities, safety and consumer advocates, engineers,
labor organizations, environmental experts, a representative of the
National Highway Traffic Safety Administration, and other members
determined to be appropriate by the Secretary. The Council shall be
composed of not less than 15 and not more than 30 members appointed by
the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties.--The Council shall undertake information gathering
activities, develop technical advice, and present best practices or
recommendations to the Secretary regarding mobility access for senior
citizens and populations underserved by traditional public
transportation services and educational outreach efforts with respect
to the testing and distribution of highly automated vehicles in
commerce.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council shall conform to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council,
the Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve
without pay, except travel and per diem will be paid each member for
meetings called by the Secretary.
(k) Termination.--The Council shall terminate 6 years after the
date of enactment of this Act.
(l) Definitions.--
(1) In general.--In this section--
(A) the term ``automated driving system'' means the
hardware and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain;
(B) the term ``dynamic driving task'' means all of
the real time operational and tactical functions
required to operate a vehicle in on-road traffic,
excluding the strategic functions such as trip
scheduling and selection of destinations and waypoints,
and including--
(i) lateral vehicle motion control via
steering;
(ii) longitudinal vehicle motion control
via acceleration and deceleration;
(iii) monitoring the driving environment
via object and event detection, recognition,
classification, and response preparation;
(iv) object and event response execution;
(v) maneuver planning; and
(vi) enhancing conspicuity via lighting,
signaling, and gesturing;
(C) the term ``highly automated vehicle''--
(i) means a motor vehicle equipped with an
automated driving system; and
(ii) does not include a commercial motor
vehicle (as defined in section 31101 of title
49, United States Code); and
(D) the term ``operational design domain'' means
the specific conditions under which a given driving
automation system or feature thereof is designed to
function.
(2) Revisions to certain definitions.--
(A) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in subparagraph (A), (B), or (D) of
paragraph (1) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of chapter 301
of title 49, United States Code. If the Secretary so
notifies SAE International (or its successor
organization), the existing definition in paragraph (1)
shall remain in effect.
(B) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in subparagraph (A), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this section. The requirements of section
553 of title 5, United States Code, shall not apply to
the making of any such conforming amendments.
(C) Pursuant to section 553 of title 5, United
States Code, the Secretary may update any of the
definitions in subparagraph (A), (B), or (D) of
paragraph (1) if the Secretary determines that
materially changed circumstances regarding highly
automated vehicles have impacted motor vehicle safety
such that the definitions need to be updated to reflect
such circumstances. | Addressing Community Challenges Emerging From Self-Driving Systems or the ACCESS Act This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration an Advisory Council on Improving Mobility Access for Underserved Populations and Senior Citizens. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding mobility access for senior citizens and populations underserved by traditional public transportation services and educational outreach efforts with respect to the testing and distribution of highly automated vehicles in commerce. A "highly automated vehicle" is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system. An "automated driving system" is defined as the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain. | {"src": "billsum_train", "title": "Addressing Community Challenges Emerging From Self-Driving Systems"} | 1,353 | 204 | 0.573064 | 1.787289 | 0.885689 | 5.565476 | 7.494048 | 0.934524 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iraq Claims Act of 1994''.
SEC. 2. ADJUDICATION OF CLAIMS.
(a) Certain Claims Within the Jurisdiction of UN Commission.--The
United States Commission is authorized to receive and determine the
validity and amounts of any claims referred to it by the Secretary of
State with respect to which the United States has received lump-sum
payments from the United Nations Commission.
(b) Other Claims Against Iraq.--The United States Commission is
authorized to receive and determine the validity and amounts of any
claims by nationals of the United States against the Government of Iraq
that are determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission.
(c) Decision Rules.--In deciding claims under subsection (a) or
(b), the United States Commission shall apply, in the following order--
(1) in the case of claims under subsection (a), relevant
decisions of the United Nations Security Council and the United
Nations Commission;
(2) applicable substantive law, including international
law; and
(3) applicable principles of justice and equity.
(d) Priority Claims.--Before deciding any other claim against the
Government of Iraq, the United States Commission shall, to the extent
practical, decide all pending non-commercial claims of members of the
United States Armed Forces and other individuals arising out of Iraq's
invasion and occupation of Kuwait or out of the 1987 attack on the USS
Stark.
(e) Applicability of International Claims Settlement Act.--To the
extent they are not inconsistent with the provisions of this Act, the
provisions of title I (other than section 2(c)) and title VII of the
International Claims Settlement Act of 1949 (22 U.S.C. 1621-1627 and
1645-1645o) shall apply with respect to claims under this Act and the
funds established pursuant to sections 3(a) and 3(c).
SEC. 3. CLAIMS FUNDS.
(a) UN Commission Claims Funds.--The Secretary of the Treasury is
authorized to establish in the Treasury of the United States one or
more funds (hereinafter in this Act referred to as the ``UN Commission
Claims Funds'') for payment of claims under section 2(a). The Secretary
of the Treasury shall cover into the UN Commission Claims Funds such
amounts as are allocated to such funds pursuant to subsection (b)(1).
(b) Allocation of Funds Received From UN Commission.--The Secretary
of State shall allocate funds received by the United States from the
United Nations Commission, in the manner the Secretary determines
appropriate, between--
(1) the UN Commission Claims Funds; and
(2) funds established under the authority of the paragraphs
under the heading ``TRUST FUNDS'' in the Act entitled ``An Act
making appropriations for the diplomatic and consular service
for the fiscal year ending June thirtieth, eighteen hundred and
ninety-seven'', approved February 26, 1896 (22 U.S.C. 2668a).
(c) Iraq Claims Fund.--The Secretary of the Treasury is authorized
to establish in the Treasury of the United States a fund (hereinafter
in this Act referred to as the ``Iraq Claims Fund'') for payment of
claims under section 2(b). The Secretary of the Treasury shall cover
into the Iraq Claims Fund such amounts as are allocated to such fund
pursuant to subsection (d).
(d) Allocation of Proceeds From Iraqi Asset Liquidatation.--
(1) In general.--The President shall allocate funds
resulting from the liquidation of assets pursuant to section 4
in the manner the President determines appropriate between the
Iraq Claims Fund and such other accounts as are appropriate for
the payment of claims of the United States Government, subject
to the limitation in paragraph (2).
(2) Limitation.--The amount allocated pursuant to this
subsection for payment of claims of the United States
Government may not exceed the amount which bears the same
relation to the amount allocated to the Iraq Claims Fund
pursuant to this subsection as the sum of all certified claims
of the United States Government bears to the sum of all claims
certified under section 2(b). As used in this paragraph, the
term ``certified claims of the United States Government'' means
those claims of the United States Government which are
determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission and which are
determined to be valid, and whose amount has been certified,
under such procedures as the President may establish.
SEC. 4. AUTHORITY TO VEST IRAQI ASSETS.
The President is authorized to vest and liquidate as much of the
assets of the Government of Iraq in the United States that have been
blocked pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) as may be necessary to satisfy claims under
section 2(b), as well as claims of the United States Government against
Iraq which are determined by the Secretary of State to be outside the
jurisdiction of the United Nations Commission.
SEC. 5. REIMBURSEMENT FOR EXPENSES OF PROGRAM ADMINISTRATION.
(a) Deduction.--In order to reimburse the United States Government
for its expenses in administering the Iraq claims program and this Act,
the Secretary of the Treasury shall deduct--
(1) 1.5 percent of any amount covered into the UN
Commission Claims Funds or the Iraq Claims Fund; and
(2) 1.5 percent of any amount the Secretary of State
receives from the United Nations Commission that is not covered
into the UN Commission Claims Funds and that is not in payment
of a claim of the United States Government.
(b) Deductions Treated as Miscellaneous Receipts.--Amounts deducted
pursuant to subsection (a) shall be deposited in the Treasury of the
United States as miscellaneous receipts.
SEC. 6. PAYMENTS.
(a) In General.--The United States Commission shall certify to the
Secretary of the Treasury each award made pursuant to section 2. The
Secretary of the Treasury shall make payment, out of the appropriate
fund established pursuant to section 3(a) or 3(c), in the following
order of priority to the extent funds are available in such fund:
(1) Payment of $10,000 or the principal amount of the
award, whichever is less.
(2) For each claim that has priority under section 2(d),
payment of a further $90,000 toward the unpaid balance of the
principal amount of the award.
(3) Payments from time to time in ratable proportions on
account of the unpaid balance of the principal amounts of all
awards according to the proportions which the unpaid balance of
such awards bear to the total amount in the appropriate claims
fund that is available for distribution at the time such
payments are made.
(4) After payment has been made of the principal amounts of
all such awards, pro rata payments on account of accrued
interest on such awards as bear interest.
(5) After payment has been made in full of all the awards
payable out of a fund established pursuant to section 3(a) or
3(c), any funds remaining in that fund shall be transferred to
the other claims fund established pursuant to section 3(a) or
3(c), except that any funds received by the United States from
the United Nations Commission shall be so transferred only to
the extent not inconsistent with requirements of the United
Nations Commission.
(b) Unsatisfied Claims.--Payment of any award made pursuant to this
Act shall not extinguish any unsatisfied claim, or be construed to have
divested any claimant, or the United States on his or her behalf, of
any rights against the Government of Iraq with respect to any
unsatisfied claim.
SEC. 7. RECORDS.
(a) Transfer to Commission.--The head of any Executive agency may
transfer or otherwise make available to the United States Commission
such records and documents relating to claims authorized to be
adjudicated by this Act as may be required by the United States
Commission in carrying out its functions under this Act.
(b) Public Disclosure.--Section 552 of title 5 of the United States
Code (commonly referred to as the ``Freedom of Information Act'') shall
not apply with respect to records that, as determined by the Secretary
of State, are required under the rules and decisions of the United
Nations Commission to be withheld from public disclosure.
SEC. 8. STATUTE OF LIMITATIONS; DISPOSITION OF UNUSED FUNDS.
(a) Statute of Limitations.--Any demand or claim for payment on
account of an award that is certified under the Iraq claims program
shall be barred one year after the publication date of the notice
required by subsection (b).
(b) Publication of Notice.--
(1) In general.--At the end of the 9-year period specified
in paragraph (2), the Secretary of the Treasury shall publish a
notice in the Federal Register detailing the statute of
limitations provided for in subsection (a) and identifying the
claim numbers and awardee names of unpaid certified claims.
(2) Publication date.--The notice required by paragraph (1)
shall be published 9 years after the latter of--
(A) the last date on which the Secretary of the
Treasury covers into any of the UN Commission Claims
Funds, or into any fund described in section 3(b)(2),
amounts allocated to that fund pursuant to section
3(b); or
(B) the last date on which the Secretary of the
Treasury covers into the Iraq Claims Fund amounts
allocated to that fund pursuant to section 3(d).
(c) Disposition of Unused Funds.--
(1) Disposition.--At the end of the 2-year period beginning
on the publication date of the notice required by subsection
(b), the Secretary of the Treasury shall dispose of all unused
funds described in paragraph (2) as follows:
(A) By making additional payments pursuant to the
Iraq claims program.
(B) By depositing in the Treasury of the United
States as miscellaneous receipts any such funds that
are not used for such additional payments.
(2) Unused funds.--The unused funds referred to in
paragraph (1) are--
(A) any remaining balance in the UN Commission
Claims Funds or in the Iraq Claims Fund, including the
amount of any unpaid certified claim under the Iraq
claims program; and
(B) any remaining balance in any fund referred to
in section 3(b)(2) to the extent such balance reflects
amounts deposited pursuant to that section.
SEC. 9. DEFINITIONS.
As used in this Act--
(1) the term ``Government of Iraq'' includes agencies,
instrumentalities, and controlled entities (including public
sector enterprises) of that government;
(2) the term ``Executive agency'' has the meaning given
that term by section 105 of title 5, United States Code;
(3) the term ``Iraq claims program'' means the claims whose
adjudication is provided for in this Act and any other claims
that are within the jurisdiction of the United Nations
Commission;
(4) the term ``United Nations Commission'' means the United
Nations Compensation Commission established pursuant to United
Nations Security Council Resolution 687 (1991); and
(5) the term ``United States Commission'' means the Foreign
Claims Settlement Commission of the United States.
SEC. 10. ADMISSION TO THE UNITED STATES AS REFUGEES OF INDIVIDUALS WHO
SERVED IN THE ARMED FORCES OF IRAQ DURING THE PERSIAN
GULF CONFLICT.
(a) Statement of Policy.--It is the sense of the Congress that
individuals who have served in the armed forces of Iraq during the
Persian Gulf conflict should not be admitted to the United States as
refugees under the Immigration and Nationality Act except in
exceptional circumstances.
(b) Persian Gulf Conflict Defined.--For purposes of this section,
the term ``Persian Gulf conflict'' means the period beginning on August
2, 1990, and ending on February 27, 1991.
SEC. 11. HUMANITARIAN ASSISTANCE.
(a) Findings.--The Congress finds that--
(1) Saddam Hussein has been condemned by the international
community for his unwillingness to take the steps necessary to
provide for the basic humanitarian needs of the Iraqi people;
(2) dire shortages of food, medicine, and basic medical
supplies (including insulin, anesthetics, and antibiotics) have
resulted in a continuing humanitarian disaster in Iraq,
including massive human suffering and the death of hundreds of
thousands of innocent Iraqi civilians during the past 4 years;
(3) this humanitarian tragedy is occurring throughout Iraq;
(4) the United States has a long history of providing
humanitarian assistance to alleviate human suffering in many
parts of the world; and
(5) the United States Agency for International Development
has the authority under chapter 9 of part I of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance) and other provisions of law to provide assistance
to address humanitarian needs throughout Iraq.
(b) Statement of Congressional Policy.--It is the sense of the
Congress that--
(1) the United States should immediately provide additional
humanitarian assistance, particularly medicine and medical
supplies, to alleviate the humanitarian disaster throughout
Iraq;
(2) such assistance should be provided through independent
nongovernmental organizations and through international
organizations so that this desperately need assistance can
reach all areas of need, in particular those outside the United
Nations protected areas; and
(3) the costs of such assistance should be reimbursed from
any available Iraqi resources, including the Iraqi assets that
have been blocked pursuant the International Emergency Economic
Powers Act so long as such reimbursement does not reduce the
amount paid on those priority claims of members of the United
States Armed Forces and others described in section 2(d) of
this Act and does not delay payment on those claims.
SEC. 12. PROSECUTION OF SADDAM HUSSEIN AND OTHER MEMBERS OF THE IRAQI
GOVERNMENT FOR WAR CRIMES.
(a) Findings.--The Congress finds that--
(1) as ordered by Saddam Hussein, Iraq engaged in
unprovoked aggression in its conquest and occupation of Kuwait;
(2) the Iraqi occupation force treated Kuwaiti citizens
barbarously;
(3) Saddam Hussein used American and European civilians as
``human shields'' in an attempt to protect strategic facilities
throughout Iraq and directed that captured American and allied
prisoners of war be used for the same purposes;
(4) Saddam Hussein ordered his military to launch missile
attacks against innocent civilians in Israel and Saudi Arabia;
and
(5) former President Bush and President Clinton rightly
warned Saddam Hussein and Iraqi Government officials that they
would be held responsible for any abuses they have caused.
(b) Establishment of Tribunal.--The Congress urges the President to
request the United Nations to establish a tribunal to charge Saddam
Hussein and other responsible Iraqi Government officials for war
crimes, acts of aggression, and crimes against humanity they have
committed.
Passed the House of Representatives April 28, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk. | Iraq Claims Act of 1994 - Authorizes the Foreign Claims Settlement Commission to receive and determine the validity and amounts of any claims: (1) with respect to which the United States has received lump-sum payments from the United Nations Compensation Commission (UNCC); and (2) of U.S. nationals against Iraq that are determined to be outside the UNCC's jurisdiction. (Sec. 2) Requires the Commission, in deciding such claims, to apply, in the following order: (1) relevant decisions of the United Nations Security Council and the UNCC; (2) applicable substantive law; and (3) principles of justice and equity. Directs the Commission to decide all pending non-commercial claims of members of the armed forces and other individuals arising out of Iraq's invasion and occupation of Kuwait or out of the 1987 attack on the USS Stark before deciding any other claim. Applies titles I and VII of the International Claims Settlement Act of 1949 to claims under this Act. (Sec. 3) Authorizes the Secretary of the Treasury to establish in the Treasury: (1) UN Commission Claims Funds composed of amounts transferred by the Secretary of State pursuant to this Act; and (2) the Iraq Claims Fund composed of amounts allocated by the President from liquidated assets of the Iraqi Government. Authorizes the President to vest and liquidate as much of the assets of the Iraqi Government in the United States that have been blocked pursuant to the International Emergency Economic Powers Act as necessary to satisfy claims of U.S. nationals or the U.S. Government that are outside the UNCC's jurisdiction. (Sec. 6) Sets forth payment and recordkeeping requirements. (Sec. 8) Requires the Secretary of the Treasury to publish a notice of the statute of limitations on unpaid certified claims nine years after the last date on which the Secretary covers funds into the UN Commission Claims Funds or the Iraq Claims Fund. Bars demands for payments on such claims one year after the publication of such notice. (Sec. 10) Expresses the sense of the Congress that individuals who served in the armed forces of Iraq during the Persian Gulf conflict should not be admitted to the United States as refugees under the Immigration and Nationality Act, except in exceptional circumstances, until all certified claims by U.S. nationals outside the UNCC's jurisdiction have been paid in full. (Sec. 11) Expresses the sense of the Congress that: (1) the United States should immediately provide humanitarian assistance to alleviate the disaster in Iraq; and (2) such assistance should be reimbursed from any available Iraqi resources so long as such reimbursement does not delay or reduce amounts paid on priority claims of members of the armed forces and others. (Sec. 12) Urges the President to request the United Nations to establish a tribunal to charge Saddam Hussein and other Iraqi Government officials for war crimes, acts of aggression, and crimes against humanity. | {"src": "billsum_train", "title": "Iraq Claims Act of 1994"} | 3,302 | 630 | 0.729071 | 2.513187 | 0.67319 | 4.908438 | 5.425494 | 0.933573 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Transportation Safety Board
Reauthorization Act of 2003''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Years 2003-2006.--Section 1118(a) of title 49, United
States Code, is amended--
(1) by striking ``and''; and
(2) by striking ``such sums to'' and inserting the following:
``$73,325,000 for fiscal year 2003, $78,757,000 for fiscal year
2004, $83,011,000 for fiscal year 2005, and $87,539,000 for fiscal
year 2006. Such sums shall''.
(b) Emergency Fund.--Section 1118(b) of such title is amended by
striking the second sentence and inserting the following: ``In
addition, there are authorized to be appropriated such sums as may be
necessary to increase the fund to, and maintain the fund at, a level
not to exceed $4,000,000.''.
(c) NTSB Academy.--Section 1118 of such title is amended by adding
at the end the following:
``(c) Academy.--
``(1) Authorization.--There are authorized to be appropriated
to the Board for necessary expenses of the National Transportation
Safety Board Academy, not otherwise provided for, $3,347,000 for
fiscal year 2003, $4,896,000 for fiscal year 2004, $4,995,000 for
fiscal year 2005, and $5,200,000 for fiscal year 2006. Such sums
shall remain available until expended.
``(2) Fees.--The Board may impose and collect such fees as it
determines to be appropriate for services provided by or through
the Academy.
``(3) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee collected under
this subsection--
``(A) shall be credited as offsetting collections to the
account that finances the activities and services for which the
fee is imposed;
``(B) shall be available for expenditure only to pay the
costs of activities and services for which the fee is imposed;
and
``(C) shall remain available until expended.
``(4) Refunds.--The Board may refund any fee paid by mistake or
any amount paid in excess of that required.
``(d) Report on Academy Operations.--The National Transportation
Safety Board shall transmit an annual report to the Congress on the
activities and operations of the National Transportation Safety Board
Academy.''.
SEC. 3. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN AIRCRAFT
ACCIDENTS.
(a) Relinquishment of Investigative Priority.--Section 1136 of
title 49, United States Code, is amended by adding at the end the
following:
``(j) Relinquishment of Investigative Priority.--
``(1) General rule.--This section (other than subsection (g))
shall not apply to an aircraft accident if the Board has
relinquished investigative priority under section 1131(a)(2)(B) and
the Federal agency to which the Board relinquished investigative
priority is willing and able to provide assistance to the victims
and families of the passengers involved in the accident.
``(2) Board assistance.--If this section does not apply to an
aircraft accident because the Board has relinquished investigative
priority with respect to the accident, the Board shall assist, to
the maximum extent possible, the agency to which the Board has
relinquished investigative priority in assisting families with
respect to the accident.''.
(b) Revision of MOU.--Not later than 1 year after the date of
enactment of this Act, the National Transportation Safety Board and the
Federal Bureau of Investigation shall revise their 1977 agreement on
the investigation of accidents to take into account the amendments made
by this section and shall submit a copy of the revised agreement to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 4. RELIEF FROM CONTRACTING REQUIREMENTS FOR INVESTIGATIONS
SERVICES.
(a) In General.--From the date of enactment of this Act through
September 30, 2006, the National Transportation Safety Board may enter
into agreements or contracts under the authority of section
1113(b)(1)(B) of title 49, United States Code, for investigations
conducted under section 1131 of that title without regard to any other
provision of law requiring competition if necessary to expedite the
investigation.
(b) Report on Usage.--On February 1, 2006, the National
Transportation Safety Board shall transmit a report to the House of
Representatives Committee on Transportation and Infrastructure, the
House of Representatives Committee on Government Reform, the Senate
Committee on Commerce, Science, and Transportation, and the Senate
Committee on Governmental Affairs that--
(1) describes each contract for $25,000 or more executed by the
Board to which the authority provided by subsection (a) was
applied; and
(2) sets forth the rationale for dispensing with competition
requirements with respect to such contract.
SEC. 5. ACCIDENT AND SAFETY DATA CLASSIFICATION AND PUBLICATION.
Section 1119 of title 49, United States Code, is amended by adding
at the end the following:
``(c) Appeals.--
``(1) Notification of rights.--In any case in which an employee
of the Board determines that an occurrence associated with the
operation of an aircraft constitutes an accident, the employee
shall notify the owner or operator of that aircraft of the right to
appeal that determination to the Board.
``(2) Procedure.--The Board shall establish and publish the
procedures for appeals under this subsection.
``(3) Limitation on applicability.--This subsection shall not
apply in the case of an accident that results in a loss of life.''.
SEC. 6. SECRETARY OF TRANSPORTATION'S RESPONSES TO SAFETY
RECOMMENDATIONS.
Section 1135(d) of title 49, United States Code, is amended to read
as follows:
``(d) Reporting Requirements.--
``(1) Annual secretarial regulatory status reports.--On
February 1 of each year, the Secretary shall submit a report to
Congress and the Board containing the regulatory status of each
recommendation made by the Board to the Secretary (or to an
Administration within the Department of Transportation) that is on
the Board's `most wanted list'. The Secretary shall continue to
report on the regulatory status of each such recommendation in the
report due on February 1 of subsequent years until final regulatory
action is taken on that recommendation or the Secretary (or an
Administration within the Department) determines and states in such
a report that no action should be taken.
``(2) Failure to report.--If on March 1 of each year the Board
has not received the Secretary's report required by this
subsection, the Board shall notify the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate of
the Secretary's failure to submit the required report.
``(3) Termination.--This subsection shall cease to be in effect
after the report required to be filed on February 1, 2008, is
filed.''.
SEC. 7. TECHNICAL AMENDMENTS.
Section 1131(a)(2) of title 49, United States Code, is amended by
moving subparagraphs (B) and (C) 4 ems to the left.
SEC. 8. DOT INSPECTOR GENERAL INVESTIGATIVE AUTHORITY.
(a) In General.--Section 228 of the Motor Carrier Safety
Improvement Act of 1999 (113 Stat. 1773) is transferred to, and added
at the end of, subchapter III of chapter 3 of title 49, United States
Code, as section 354 of that title.
(b) Conforming Amendments.--(1) The caption of the section is
amended to read as follows:
``Sec. 354. Investigative authority of Inspector General''.
(2) The chapter analysis for chapter 3 of title 49, United States
Code, is amended by adding at the end the following:
``354. Investigative authority of Inspector General.''.
SEC. 9. REPORTS ON CERTAIN OPEN SAFETY RECOMMENDATIONS.
(a) Initial Report.--Within 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report to
Congress and the National Transportation Safety Board containing the
regulatory status of each open safety recommendation made by the Board
to the Secretary concerning--
(1) 15-passenger van safety;
(2) railroad grade crossing safety; and
(3) medical certifications for a commercial driver's license.
(b) Biennial Updates.--The Secretary shall continue to report on
the regulatory status of each such recommendation (and any subsequent
recommendation made by the Board to the Secretary concerning a matter
described in paragraph (1), (2), or (3) of subsection (a)) at 2-year
intervals until--
(1) final regulatory action has been taken on the
recommendation;
(2) the Secretary determines, and states in the report, that no
action should be taken on that recommendation; or
(3) the report, if any, required to be submitted in 2008 is
submitted.
(c) Failure To Report.--If the Board has not received a report
required to be submitted under subsection (a) or (b) within 30 days
after the date on which that report is required to be submitted, the
Board shall notify the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | National Transportation Safety Board Reauthorization Act of 2003 - (Sec. 2) Amends Federal transportation law to extend the authorization of appropriations for the National Transportation Safety Board (NTSB) for FY 2003 through 2006, including the NTSB Academy and an emergency fund.
Authorizes appropriations necessary to increase the emergency fund from $2 million to $3 million.
Authorizes the NTSB to impose and collect appropriate fees for services provided by or through the Academy. Credits receipts as offsetting collections to the account that finances Academy activities. Requires an annual report on the activities and operations of the Academy.
(Sec. 3) Relieves the NTSB of the duty to render specified assistance to families of passengers involved in an aircraft accident if the NTSB has relinquished its investigative priority to investigate it and the Federal agency to which it has relinquished such priority is willing and able to provide assistance to the victims and families of the passengers. Requires the NTSB, however, even if it has relinquished such priority, to assist, to the maximum extent possible, the agency to which it has relinquished it in assisting families with respect to the accident.
Directs the NTSB and the Federal Bureau of Investigation to revise their 1977 agreement on the investigation of accidents to take into account the amendments made by this Act, and to submit such revision to specified congressional committees.
(Sec. 4) Allows the NTSB to enter into agreements or contracts necessary to conduct accident investigations without regard to competition requirements if necessary to expedite investigation. Requires that each contract for at least $25,000 be enumerated in the NTSB's annual report to Congress.
(Sec. 5) Requires any NTSB employee, whenever heor she determines that an occurrence associated with the operation of an aircraft, but not resulting in a loss of life, constitutes an accident, to notify the aircraft owner or operator of the right to appeal that determination to the NTSB. Requires the NTSB to establish and publish appeal procedures.
(Sec. 6) Revises requirements for an annual report to Congress by the Secretary of Transportation on NTSB transportation safety recommendations. Requires the Secretary to report on February 1 of each year to Congress and the NTSB on the regulatory status of each recommendation on the NTSB "most wanted list," until final regulatory action is taken or the Secretary (or an Administration within the Department of Transportation (DOT)) determines and reports that no action should be taken. Requires the NTSB to report to specified congressional committees on March 1 of each year if it has not received the Secretary's report.
(Sec. 8) Amends Federal transportation law and the Motor Carrier Safety Improvement Act of 1999 to make certain technical and conforming amendments with respect to the investigative authority of the DOT Inspector General.
(Sec. 9) Requires the Secretary to report biennially to Congress and the NTSB on the regulatory status of each NTSB open safety recommendation concerning: (1) 15-passenger van safety; (2) railroad grade crossing safety; and (3) medical certifications for a commercial driver's license. Requires NTSB notification to specified congressional committees of any failure to receive such report. | {"src": "billsum_train", "title": "A bill to reauthorize the National Transportation Safety Board, and for other purposes."} | 2,148 | 739 | 0.534287 | 1.840901 | 0.722756 | 3.456522 | 3.215719 | 0.911371 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indonesia Human Rights Before
Military Assistance Act''.
SEC. 2. FINDINGS AND DECLARATION OF POLICY.
(a) Findings.--The Congress finds the following:
(1) The political and economic crisis in Indonesia has
deteriorated to a crisis of legitimacy of the Suharto regime.
(2) The Suharto regime controls a vast military network
(ABRI) that it uses to maintain control over a population of
200,000,000 people now suffering from the loss of some
10,000,000 jobs, skyrocketing inflation, and food shortages
leading to severe hunger and political unrest.
(3) The Indonesian military has dramatically increased the
number of troops in urban areas and has cracked down on the
civilian population through the use of lethal force against
student demonstrators, through mass arrests, through torture of
prisoners, and through frequent disappearances of pro-democracy
leaders especially in and around the capital city of Jakarta.
(4) General Suharto seized command of the Government of
Indonesia 32 years ago in a bloody coup that claimed between
500,000 and 1,000,000 Indonesian lives.
(5) The Indonesian military continues to maintain brutal
control over the people of Irian Jaya (West Papua).
(6) The Indonesian military's suppression of popular
dissent in Aceh and economic oppression have resulted in the
mass exodus of thousands of individuals seeking refuge in
Malaysia, and those individuals forcibly returned to Aceh face
detention in a prison maintained by the Indonesian special
forces unit (KOPASSUS).
(7) KOPASSUS and other Indonesian military units are widely
known for their exceedingly brutal methods of repression and
torture against the people of both Indonesia and East Timor.
(8) Indonesian military violence now receiving
international attention in Jakarta has been the rule in East
Timor since 1975.
(9) Indonesia invaded East Timor on December 7, 1975, and
has illegally occupied that nation for over 22 years.
(10) The Indonesian occupation has claimed the lives of
over 200,000 East Timorese in massacres, by torture, and
through forced starvation.
(11) The Government of Indonesia has amassed troops in
urban areas in East Timor and during this period of crisis and
human rights abuses, including arbitrary arrests, extrajudicial
executions, disappearances, and torture continue to mount.
(b) Declaration of Policy.--The Congress declares that the United
States will no longer accept, condone, finance, or supply the
Indonesian military's violence against its own people, the people of
East Timor, and the people of Irian Jaya (West Papua).
SEC. 3. PROHIBITION ON UNITED STATES MILITARY ASSISTANCE TO THE
GOVERNMENT OF INDONESIA.
United States military assistance may not be provided to the
Government of Indonesia for any fiscal year beginning after the date of
the enactment of this Act unless the President certifies for that
fiscal year that the Government of Indonesia--
(1) has been elected in free and fair elections;
(2) does not repress civilian political expression; and
(3) has made substantial improvement in human rights
conditions in Indonesia and East Timor, as determined by
independent international or United Nations monitors and the
Secretary of State, including--
(A) the release of political prisoners;
(B) open access throughout Indonesia, East Timor,
and Irian Jaya (West Papua) to international monitoring
and relief organizations as well as the press; and
(C) the establishment of the rule of law in
Indonesia, including civilian control of the military
and the cessation of disappearances, torture, and
extra-judicial executions in Indonesia and East Timor.
SEC. 4. UNITED STATES MILITARY ASSISTANCE DEFINED.
In this Act, the term ``United States military assistance'' means
lethal military equipment, helicopters, replacement structural
components and ammunition for such equipment and helicopters, and any
other assistance under the following provisions of law:
(1) Chapter 2 of part II of the Foreign Assistance Act of
1961 (relating to military assistance), including the transfer
of excess defense articles under section 516 of that Act.
(2) Chapter 5 of part II of the Foreign Assistance Act of
1961 (relating to international military education and
training).
(3) The ``Foreign Military Financing Program'' under
section 23 of the Arms Export Control Act.
(4) The transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act, including defense articles and defense services licensed
or approved for export under section 38 of that Act.
(5) The transfer of dual use goods and technologies the
export of which is controlled under the Export Administration
Act of 1979.
(6) The transfer of crime control and detection instruments
and equipment the export of which is controlled under the
Export Administration Act of 1979. | Indonesia Human Rights Before Military Assistance Act - Prohibits U.S. military assistance to the Government of Indonesia unless the President certifies that it: (1) has been elected in free and fair elections; (2) does not repress civilian political expression; and (3) has made substantial improvement in human rights conditions in Indonesia and East Timor, as determined by independent international or U.S. monitors and the Secretary of State (including the release of political prisoners, open access throughout Indonesia, East Timor, and Irian Jaya (West Papua) to international monitoring and relief organizations as well as the press, and establishment of rule of law in Indonesia). | {"src": "billsum_train", "title": "Indonesia Human Rights Before Military Assistance Act"} | 1,062 | 138 | 0.467483 | 1.458915 | 0.624877 | 6.853659 | 7.99187 | 0.96748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Engineering Accountability
Act of 2006''.
SEC. 2. CIVIL LIABILITY.
(a) In General.--Notwithstanding section 2680(a) of title 28,
United States Code, and section 3 of the Flood Control Act of 1928 (33
U.S.C. 702c), and subject to subsection (b), an action may be brought
only in a Federal court for actual, not punitive, damages against the
Army Corps of Engineers for the failure or negligence by the Corps to
design, construct, or maintain a project, adversely impacted in a major
disaster, for which the Corps is legally responsible.
(b) Determination of Liability.--An action brought under subsection
(a) for monetary damages for injury or loss of property, or personal
injury or death may proceed only if a claimant can demonstrate that--
(1) the Corps admitted by statement or in writing that it
failed or was negligent in designing, constructing, or
maintaining a project, adversely impacted by a major disaster,
for which it was legally responsible; or
(2) the independent Commission established under section 3
makes a determination that the Corps failed or was negligent in
designing, constructing, or maintaining a project, adversely
impacted by the major disaster, for which the Corps was legally
responsible.
SEC. 3. COMMISSION.
(a) Establishment.--There is hereby established a Commission to be
known as the Federal Engineering Accountability Commission.
(b) Duties.--
(1) Initial duties.--Not later than 60 days after a major
disaster, the Commission shall begin an investigation to
determine if the Corps failed or was negligent in designing,
constructing, or maintaining a project, adversely impacted by
such disaster, for which the Corps was legally responsible.
(2) Interim duties.--Not later than 12 months after a major
disaster, the Committee shall complete its investigation under
paragraph (1).
(3) Report.--Not later than 15 months after a major
disaster, the Commission shall submit a report to the Secretary
of the Army and the Secretary of the Department of Homeland
Security regarding the findings of its investigation.
(c) Membership.--The Commission shall be composed of 7 members
appointed by the President by and with the consent of the Senate.
(d) Qualifications.--In appointing individuals to the Commission,
the President shall consider--
(1) for appointment individuals who are experts in the
field of civil engineering, water management, flood protection,
or in another related area;
(2) the appointment of not more than 2 members who have
ever worked for the Army Corps of Engineers;
(3) no appointment of a current employee of the Army Corps
of Engineers or the Department of Homeland Security.
(e) Terms of Appointment.--Each member shall be appointed for a
term of 5 years and terms may be renewed for an unlimited number of
additional 5-year terms.
(f) Quorum.--At least 3 members of the Commission are necessary to
conduct an investigation after a major disaster and to make a
determination regarding the failure or negligence of the Corps in
designing, constructing, or maintaining a project for which it is
legally responsible.
(g) Travel Expenses.--Each member shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with the
applicable provisions under subchapter I of chapter 57 of title 5,
United States Code.
(h) Meetings.--No later than 60 days after the occurrence of a
major disaster, the members shall convene and begin its investigation
and may meet as often as the members consider necessary during the 12-
month period following the major disaster.
(i) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission The attendance of witnesses and
the production of evidence may be required from any place
within at any designated place of hearing within the United
States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any Federal court
to which application is made under paragraph (2) may be served
in the judicial district in which the person required to be
served resides or may be found.]
(j) Immunity.--Except as provided in this subsection, a person may
not be excused from testifying or from producing evidence pursuant to a
subpoena on the ground that the testimony or evidence required by the
subpoena may tend to incriminate or subject that person to criminal
prosecution. A person, after having claimed the privilege against self-
incrimination, may not be criminally prosecuted by reason of any
transaction, matter, or thing which that person is compelled to testify
about or produce evidence relating to, except that the person may be
prosecuted for perjury committed during the testimony or made in the
evidence.
SEC. 4. TIME FOR COMMENCING ACTION AGAINST THE CORPS.
Every civil action commenced against the Army Corps of Engineers
under section 2(a) shall be barred unless the complaint is filed with
18 months after the earlier of the date in which--
(1) the Corps admitted by statement or in writing that it
failed or was negligent in designing, constructing, or
maintaining a project, adversely impacted by a major disaster,
for which it was legally responsible; or
(2) an independent commission established under section 3
makes a determination that the Corps failed or was negligent in
designing, constructing, or maintaining a project, adversely
impacted by the major disaster, for which the Corps was legally
responsible.
SEC. 5. NO STANDING.
No State or local government shall have standing to bring an action
under this Act. No insurance company shall have standing to bring an
action under this Act to the extent that such insurance company's claim
is founded in indemnity or recovery of claims the company has paid.
SEC. 6. BENEFITS.
A court shall not hear evidence or reduce an award made under this
Act for any amounts the claimant received from another party for injury
or damages sustained in a major disaster proximately caused by the
failure or negligence of the Army Corps of Engineers in the design,
construction, or maintenance of a project, adversely impacted by a
major disaster, for which the Corps is legally responsible.
SEC. 7. NO SUBROGATION.
An insurance company shall not have the right to seek subrogation
for a claim.
SEC. 8. MOTION FOR MANDAMUS.
If the Commission fails to meet the deadlines specified in this
Act, a claimant may bring a motion to seek mandamus against the
Commission.
SEC. 9. DEFINITIONS.
For purposes of this Act the following terms apply:
(1) The term ``Commission'' means the Federal Engineering
Accountability Commission established under section 3.
(2) The term ``Corps'' means the Army Corps of Engineers.
(3) The term ``major disaster'' has the same meaning given
such term in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122). | Federal Engineering Accountability Act of 2006 - Provides that an action may be brought only in federal court for actual, not punitive, damages against the Army Corps of Engineers for its failure or negligence to design, construct, or maintain a project, adversely impacted in a major disaster, for which the Corps is legally responsible. Establishes the Federal Engineering Accountability Commission to determine the Corps' failure or negligence after such a disaster and to report to the Secretary of the Army and the Secretary of Homeland Security.
Permits such an action for injury, loss of property, personal injury, or death to proceed only if a claimant can demonstrate that: (1) the Corps admitted that it failed or was negligent; or (2) the Commission determines that the Corps failed or was negligent. | {"src": "billsum_train", "title": "To provide an option to proceed with an action in any Federal court to recover actual damages for physical or property damage in a major disaster that proximately results from the failure or negligence of the Army Corps of Engineers in the design, construction, or maintenance of a project for which the Corps is legally responsible."} | 1,748 | 166 | 0.708479 | 2.10787 | 0.820775 | 5.606667 | 10.593333 | 0.966667 |
That this Act may be cited as the ``Federal Employees' Benefits
Equity Act of 1999.''
civil service retirement system
Sec. 2. (a) Section 8339 of title 5, United States Code, is
amended--
(1) in subsection (d)(1)--
(A) by striking ``(d)(1)'' and inserting
``(d)(1)(A)'';
(B) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively; and
(C) by adding at the end the following new
subparagraph:
``(B) If, at any age and after completing 20 years
of service as a law enforcement officer, firefighter,
or nuclear materials courier, or any combination of
such service totaling at least 20 years, an employee
retires under section 8336(d)(1) or 8337, the annuity
of such employee shall be computed under subparagraph
(A).'';
(2) in subsection (e)--
(A) by striking ``(e)'' and inserting ``(e)(1)'';
and
(B) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of service as an
air traffic controller, an employee retires under section 8336(d)(1) or
8337, paragraph (1) shall be applied in computing the annuity of such
employee.''; and
(3) in subsection (q)--
(A) by striking ``(q)'' and inserting ``(q)(1)'';
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(C) by adding at the end the following new
paragraph:
``(2) If, at any age and after completing 20 years of service as a
member of the Capitol Police or as a law enforcement officer (or any
combination of such service totaling at least 20 years), a member or
former member of the Capitol Police retires under section 8336(d)(1) or
8337, the annuity of such member or former member shall be computed
under paragraph (1).''.
(b) Section 8341(d) of title 5, United States Code, is amended--
(1) by inserting the following immediately after the first
sentence: ``For purposes of the preceding sentence, subsections
(b)-(e) and (q) of section 8339 may be considered as applying
with respect to the employee or Member only if the employee or
Member satisfied the age and service requirements for
application of such subsections to the employee or Member at
the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under
section 8337 at the time of death.''; and
(2) by striking ``Notwithstanding the preceding sentence''
and inserting ``Notwithstanding the first sentence of this
subsection''.
(c) Section 8342 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(k) When an employee--
``(1) has service as a law enforcement officer,
firefighter, nuclear materials courier, or member of the
Capitol Police for which retirement deductions were withheld
under section 8334(a) or deposited under section 8334(c) at a
higher percentage rate than that applicable to employees
generally; and
``(2)(A) begins to receive an annuity which is not computed
under section 8339(d) or (q) and, in the case of a member of
the Capitol Police, also does not have his or her service as a
member of the Capitol Police credited in the computation of an
annuity under section 8339(b) or (c); or
``(B) dies before retiring under this subchapter but who
leaves a survivor entitled to an annuity under section 8341
based on the deceased employee's service, provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8339(d) or (q);
and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8339(b)
or (c) which includes credit for service as a member of
the Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8334(a)(1), together with interest
computed in accordance with paragraphs (2) and (3) of section
8334(e) and applicable regulations prescribed by the Office,
shall be paid to the annuitant or, in the case of a deceased
employee, to the individual entitled to a lump-sum benefit
under subsection (c).''.
federal employees' retirement system
Sec. 3. (a) Section 8415(d) of title 5, United States Code, is
amended to read as follows--
``(d)(1) The annuity of an employee retiring under subsection (d)
or (e) of section 8412 or under subsection (a), (b), or (c) of section
8425 is--
``(A) 1\7/10\ percent of that individual's average pay
multiplied by so much of such individual's total service as a
law enforcement officer, firefighter, member of the Capitol
Police, nuclear materials courier, or air traffic controller as
does not exceed 20 years; plus
``(B) 1 percent of that individual's average pay multiplied
by the remainder of such individual's total service.
``(2) If, at any age and after completing 20 years of service as a
law enforcement officer, firefighter, member of the Capitol Police, or
nuclear materials courier, or any combination of such service totaling
at least 20 years, an employee retires under section 8414(b)(1)(A) or
8451, the annuity of such employee shall be computed under paragraph
(1).
``(3) If, at any age and after completing 20 years of service as an
air traffic controller, an employee retires under section 8414(b)(1)(A)
or 8451, the annuity of such employee shall be computed under paragraph
(1).''.
(b) Section 8424 of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(i) When an employee--
``(1) has service as a law enforcement officer,
firefighter, member of the Capitol Police, air traffic
controller, or nuclear materials courier for which retirement
deductions were withheld under section 8422(a) at a higher
percentage rate than that applicable to employees generally;
and
``(2)(A) begins to receive an annuity which is not computed
under section 8415(d) and, in the case of a member of the
Capitol Police, also does not have his or her service as a
member of the Capitol Police credited in the computation of an
annuity under section 8415(b) or (c); or
``(B) dies before having retired under this chapter but who
leaves a survivor entitled to an annuity under subchapter IV
based on the deceased employee's service provided that--
``(i) such survivor annuity is not based on an
employee annuity computed under section 8415(d); and
``(ii) where the decedent was a member or former
member of the Capitol Police, such survivor annuity is
not based on an annuity computed under section 8415 (b)
or (c) which includes service as a member of the
Capitol Police--
the difference between the employee deductions for such service
at the higher percentage rate and the employee deductions that
would have been withheld at the rate applicable to employees
generally under section 8422(a)(2), together with interest computed in
accordance with paragraphs (2) and (3) of section 8334(e) and
applicable regulations prescribed by the Office, shall be paid to the
annuitant or, in the case of a deceased employee, to the individual
entitled to a lump-sum benefit under subsection (d).''.
(c) Section 8442 of title 5, United States Code, is amended--
(1) in subsection (b)(1) by adding at the end the
following:
``For purposes of the preceding sentence, section 8415(b)-(d) and
(g) may be considered as applying with respect to the employee or
Member only if the employee or Member satisfied the age and service
requirements for application of such subsections to the employee or
Member at the date of death. For this purpose, the decedent shall be
deemed to have been disabled for purposes of retirement under section
8451 at the time of death.''; and
(2) in subsection (c)(2)(A)(i) by striking ``section 8415''
and inserting ``section 8415, but without regard to subsection
(d) of such section,''.
effective dates
Sec. 4. (a)(1) Except as provided in paragraph (2), the amendments
made by sections 2(a) and 3(a) shall take effect on the date of
enactment of this Act and shall apply only with respect to individuals
who separate from the service on or after such date of enactment.
(2) Notwithstanding paragraph (1), a survivor annuity based on the
service of a law enforcement officer who died as an employee after
October 19, 1969, or a firefighter who died as an employee after August
13, 1972, shall be computed as if the amendments made by section
2(a)(1) had been in effect as of the commencing date of such survivor
annuity. However, any such survivor annuity commencing before the date
of enactment of this Act shall be adjusted, retroactive to the
commencing date of annuity, only upon application by the survivor
annuitant.
(b) The amendments made by section 2(b) shall take effect on the
date of enactment of this Act, and also, in the case of an individual
whose death occurred prior to such date of enactment, shall apply
effective at the commencing date of the annuity to any annuity payable
under section 8341(d) of title 5, United States Code, or similar
predecessor provisions of law applicable to survivor annuities based on
the service of employees or Members who died before retiring.
(c) The amendments made by sections 2(c) and 3(b) shall take effect
on the date of enactment of this Act and shall apply only with respect
to individuals who separate from the service or die in service on or
after such date of enactment.
(d) The amendments made by section (3)(c) shall take effect on
January 1, 1987. | Federal Employees' Benefits Equity Act of 1999 - Amends Federal retirement provisions to revise the computation of annuities for certain law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, and their survivors.
Sets forth effective dates. | {"src": "billsum_train", "title": "Federal Employees' Benefits Equity Act of 1999"} | 2,441 | 63 | 0.453272 | 1.142816 | 0.621897 | 2.078431 | 42.980392 | 0.784314 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Disabled Veterans Tax Termination
Act''.
SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE
SERVICE-CONNECTED DISABILITIES.
(a) Inclusion of Retirees With Service-Connected Disabilities Rated
Less Than 50 Percent.--Subsection (a) of section 1414 of title 10,
United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject'';
(2) by striking ``qualifying service-connected disability''
and inserting ``service-connected disability''; and
(3) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Inclusion of Disability Retirees With Less Than 20 Years of
Service.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``member retired'' and
inserting ``qualified retiree who is retired''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Disability retirees with less than 20 years of
service.--The retired pay of a qualified retiree who is retired
under chapter 61 of this title with fewer than 20 years of
creditable service is subject to reduction under sections 5304
and 5305 of title 38, but only by the amount (if any) by which
the amount of the member's retired pay under such chapter
exceeds the amount equal to 2\1/2\ percent of the member's
years of creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this title,
whichever is applicable to the member.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for such section is
amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation.''.
(e) Conforming Amendment.--Section 1413a(f) of such title is
amended by striking ``Subsection (d)'' and inserting ``Subsection
(c)''.
(f) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date.
SEC. 3. AVAILABILITY OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY
FOR CHAPTER 61 MILITARY RETIREES WITH LESS THAN 20 YEARS
OF SERVICE.
(a) Eligibility.--Subsection (c) of section 1413a of title 10,
United States Code, is amended by striking ``entitled to retired pay
who_'' and all that follows through the end of paragraph (1) and
inserting ``who_
``(1) is entitled to retired pay (other than by reason of
section 12731b of this title); and''.
(b) Computation.--Paragraph (3) of subsection (b) of such section
is amended--
(1) by striking ``In the case of'' and inserting the
following:
``(A) In general.--In the case of''; and
(2) by adding at the end the following new subparagraph:
``(B) Retirees with fewer than 20 years of
service.--In the case of an eligible combat-related
disabled uniformed services retiree who is retired
under chapter 61 of this title with fewer than 20 years
of creditable service, the amount of the payment under
paragraph (1) for any month shall be reduced by the
amount (if any) by which the amount of the member's
retired pay under chapter 61 of this title exceeds the
amount equal to 2\1/2\ percent of the member's years of
creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this
title, whichever is applicable to the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date. | Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to claim both retired pay and disability compensation; (2) eliminate provisions requiring a phase in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) provide a special reduction rule with respect to the concurrent receipt of retired pay and disability compensation in the case of disability retirees with less than 20 years of creditable service; and (4) extend combat-related special compensation to certain veterans with less than 20 years of service who have a combat-related disability. | {"src": "billsum_train", "title": "To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans' disability compensation, to eliminate the phase-in period for concurrent receipt, to extend eligibility for concurrent receipt and combat-related special compensation to chapter 61 disability retirees with less than 20 years of service, and for other purposes."} | 1,194 | 136 | 0.588717 | 1.436189 | 0.655144 | 2.917293 | 7.789474 | 0.842105 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oversight Commission on Presidential
Capacity Act''.
SEC. 2. ESTABLISHMENT.
There is established a commission in the legislative branch to be
known as the ``Oversight Commission on Presidential Capacity'' (in this
Act referred to as the ``Commission''). The Commission shall serve as
the body provided by law by Congress to carry out section 4 of the 25th
Amendment to the Constitution of the United States.
SEC. 3. DUTY OF COMMISSION.
(a) In General.--If directed by Congress pursuant to section 5, the
Commission shall carry out a medical examination of the President to
determine whether the President is mentally or physically unable to
discharge the powers and duties of the office, as described under
subsection (b).
(b) Determination.--The determination under subsection (a) shall be
made if the Commission finds that the President is temporarily or
permanently impaired by physical illness or disability, mental illness,
mental deficiency, or alcohol or drug use to the extent that the person
lacks sufficient understanding or capacity to execute the powers and
duties of the office of President.
SEC. 4. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 11
members, appointed as follows:
(1) Two members appointed by the majority leader of the
Senate.
(2) Two members appointed by the minority leader of the
Senate.
(3) Two members appointed by the Speaker of the House of
Representatives.
(4) Two members appointed by the minority leader of the
House of Representatives.
(5) Two members--
(A) one of whom is appointed jointly by the two
appointing individuals under paragraphs (1) through (4)
who are members of, or caucus with, the Democratic
party;
(B) one of whom is appointed jointly by the two
appointing individuals under paragraphs (1) through (4)
who are members of, or caucus with, the Republican
party; and
(C) each of whom has served as President, Vice
President, Secretary of State, Attorney General,
Secretary of the Treasury, Secretary of Defense, or
Surgeon General.
(6) One member, to serve as Chair of the Commission,
appointed by simple majority vote of the 10 members appointed
under paragraphs (1) through (5).
(b) Criteria for Appointment.--
(1) In general.--Each member appointed to the Commission
under paragraphs (1) through (4) of subsection (a) shall be a
physician. Of the two members appointed by each individual
under such paragraphs, one shall be a physician with a
specialty in psychiatry. The Chair shall be either a physician
or an individual appointed under paragraph (5) of subsection
(a), or both.
(2) Limitations.--A member appointed under subsection (a)
may not, at the time the member is appointed or serving as a
member on the Commission, be--
(A) an elected official to any Federal, State, or
local office;
(B) an employee (as that term is defined in section
2105 of title 5, United States Code, including any
employee of the United States Postal Service or the
Postal Regulatory Commission); or
(C) a member of the Armed Forces, including reserve
components thereof.
(3) Physician defined.--In this subsection, the term
``physician'' means a doctor of medicine licensed to practice
medicine, surgery, or osteopathy in a State.
(c) Travel Expenses.--Each member 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.
(d) Terms.--
(1) In general.--Each member shall be appointed for a term
of 4 years. A member may serve after the expiration of that
member's term until a successor has taken office.
(2) Appointment.--Each member shall be appointed during the
period beginning on the date that a Presidential election is
held and ending on the date that is 30 days after such election
date.
(3) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made, not
later than 30 days after the vacancy occurs. Any member
appointed to fill a vacancy occurring before the expiration of
the term for which the member's predecessor was appointed shall
be appointed only for the remainder of that term.
SEC. 5. EXAMINATION OF THE PRESIDENT.
(a) In General.--A concurrent resolution described in this
subsection is a concurrent resolution directing the Commission to
conduct an examination of the President to determine whether the
President is incapacitated, either mentally or physically, the title of
which is ``Directing the Oversight Commission on Presidential Capacity
to conduct an examination of the President'', and the text of which
consists solely of a directive to the Commission to conduct the
examination.
(b) Procedures.--The provisions of section 2908 (other than
subsection (a)) of the Defense Base Closure and Realignment Act of 1990
shall apply to the consideration of a concurrent resolution described
in subsection (a) in the same manner as such provisions apply to a
joint resolution described in section 2908(a) of such Act.
(c) Special Rules.--For purposes of applying subsection (b) with
respect to such provisions, the following rules shall apply:
(1) Any reference to the Committee on Armed Services of the
House of Representatives shall be deemed a reference to the
Committee on the Judiciary of the House of Representatives and
any reference to the Committee on Armed Services of the Senate
shall be deemed a reference to the Committee on the Judiciary
of the Senate.
(2) Any reference in subsection (c) to a ``20-day period''
shall be deemed a reference to a ``48-hour period''.
(3) Any reference in subsection (d) to ``the third day''
shall be deemed a reference to ``the first day''.
(4) Any reference to the date on which the President
transmits a report shall be deemed a reference to the date on
which a Member of Congress introduced a concurrent resolution
described in subsection (a).
(d) Examination.--Not later than 72 hours after the adoption by
Congress of the concurrent resolution described in subsection (a), the
Commission shall conduct the examination described under such
subsection.
SEC. 6. REPORT.
(a) In General.--Not later than 72 hours after completing the
examination under section 4(d), and notwithstanding the HIPAA privacy
regulations (as defined in section 1180(b)(3) of the Social Security
Act (42 U.S.C. 1320d-9(b)(3))), the Commission shall submit a report to
the Speaker of the House of Representatives and the President pro
tempore of the Senate describing the findings and conclusions of the
examination.
(b) Consideration.--Any refusal by the President to undergo such
examination shall be taken into consideration by the Commission in
reaching a conclusion in the report under subsection (a). | Oversight Commission on Presidential Capacity Act This bill establishes in the legislative branch an Oversight Commission on Presidential Capacity to determine whether the President is mentally or physically unable to discharge the powers and duties of office. The commission: (1) within 72 hours after Congress adopts a concurrent resolution directing it to do so, shall conduct a medical examination to determine if the President is temporarily or permanently impaired by physical illness or disability, mental illness, mental deficiency, or alcohol or drug use to the extent that he or she lacks sufficient understanding or capacity to execute the powers and duties of the office of President; and (2) within 72 hours after completing the examination, shall report its findings and conclusions to the Speaker of the House of Representatives and the President pro tempore of the Senate. Any refusal by the President to undergo such examination shall be taken into consideration by the commission in reaching a conclusion. | {"src": "billsum_train", "title": "Oversight Commission on Presidential Capacity Act"} | 1,565 | 195 | 0.593785 | 1.686111 | 0.864446 | 5.716763 | 8.433526 | 0.930636 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Food Safety Recall Information
Act''.
SEC. 2. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT
PURCHASE MEAT, POULTRY, OR EGG PRODUCTS SUBJECT TO
VOLUNTARY RECALL.
(a) Meat Products.--The Federal Meat Inspection Act (21 U.S.C. 601
et seq.) is amended by--
(1) redesignating section 411 as section 412; and
(2) inserting after section 410 the following new section:
``SEC. 411. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT
PURCHASE MEAT PRODUCTS SUBJECT TO VOLUNTARY RECALL.
``(a) Reporting to Secretary.--
``(1) In general.--A person that voluntarily recalls a meat
product shall, not later than 5 days after the date on which
the voluntary recall begins, submit to the Secretary a list of
all retail stores or public school districts that are known to
have purchased a meat product subject to the voluntary recall.
``(2) Updated list.--Not later than 5 days after the date
on which a person required to submit a list under paragraph (1)
learns of a retail store or public school district that has
purchased a meat product subject to the voluntary recall
referred to in such paragraph that has not been submitted to
the Secretary under this subsection, such person shall submit
the name of such retail store or public school district to the
Secretary.
``(b) Publication.--Not later than 5 days after learning that a
retail store or public school district has purchased a meat product
subject to a voluntary recall, the Secretary shall publish in the
Federal Register and otherwise make publicly available the name of such
retail store or public school district.''.
(b) Poultry Products.--The Poultry Products Inspection Act (21
U.S.C. 451 et seq.) is amended by adding at the end the following new
section:
``SEC. 31. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT
PURCHASE POULTRY PRODUCTS SUBJECT TO VOLUNTARY RECALL.
``(a) Reporting to Secretary.--
``(1) In general.--A person that voluntarily recalls a
poultry product shall, not later than 5 days after the date on
which the voluntary recall begins, submit to the Secretary a
list of all retail stores or public school districts that are
known to have purchased a poultry product subject to the
voluntary recall.
``(2) Updated list.--Not later than 5 days after the date
on which a person required to submit a list under paragraph (1)
learns of a retail store or public school district that has
purchased a poultry product subject to the voluntary recall
referred to in such paragraph that has not been submitted to
the Secretary under this subsection, such person shall submit
the name of such retail store or public school district to the
Secretary.
``(b) Publication.--Not later than 5 days after learning that a
retail store or public school district has purchased a poultry product
subject to a voluntary recall, the Secretary shall publish in the
Federal Register and otherwise make publicly available the name of such
retail store or public school district.''.
(c) Egg Products.--The Egg Products Inspection Act (21 U.S.C. 1031
et seq.) is amended by adding at the end the following new section:
``SEC. 30. PUBLICATION OF NAMES OF RETAILERS AND SCHOOL DISTRICTS THAT
PURCHASE EGG PRODUCTS SUBJECT TO VOLUNTARY RECALL.
``(a) Reporting to Secretary.--
``(1) In general.--A person that voluntarily recalls a egg
product shall, not later than 5 days after the date on which
the voluntary recall begins, submit to the Secretary a list of
all retail stores or public school districts that are known to
have purchased a egg product subject to the voluntary recall.
``(2) Updated list.--Not later than 5 days after the date
on which a person required to submit a list under paragraph (1)
learns of a retail store or public school district that has
purchased a egg product subject to the voluntary recall
referred to in such paragraph that has not been submitted to
the Secretary under this subsection, such person shall submit
the name of such retail store or public school district to the
Secretary.
``(b) Publication.--Not later than 5 days after learning that a
retail store or public school district has purchased a egg product
subject to a voluntary recall, the Secretary shall publish in the
Federal Register and otherwise make publicly available the name of such
retail store or public school district.''.
SEC. 3. PROHIBITION ON USE OF NONAMBULATORY LIVESTOCK FOR HUMAN FOOD.
Section 1(m) of the Federal Meat Inspection Act (21 U.S.C. 601(m))
is amended--
(1) in paragraph (8), by striking ``; or'' and inserting
``;'';
(2) in paragraph (9), by striking ``substance.'' and
inserting ``substance; or''; and
(3) by adding at the end the following new paragraph:
``(10) if it is derived from an animal that, at the time of
slaughter, is unable to stand and walk unassisted.''. | Food Safety Recall Information Act - Amends the Federal Meat Inspection Act to require that a person that voluntarily recalls a meat product shall, not later than five days after the voluntary recall begins, submit to the Secretary of Agriculture a list of all retail stores or public school districts that are known to have purchased a meat product subject to the voluntary recall.
Makes similar amendments to the the Poultry Products Inspection Act and the Egg Products Inspection Act.
Amends the Federal Meat Inspection Act to prohibit the use of nonambulatory livestock for human food. | {"src": "billsum_train", "title": "To prohibit the use of nonambulatory livestock for human food and to require the Secretary of Agriculture to publish the names of retailers and school districts that have purchased meat, poultry, or egg products subject to voluntary recall."} | 1,254 | 122 | 0.653198 | 1.46973 | 0.609314 | 5.621359 | 10.213592 | 0.902913 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Excise, Sales, and Transaction
Tax Enforcement Act of 1998''.
SEC. 2. FINDINGS.
Congress finds that--
(1) a long line of decisions of the United States Supreme
Court has established that States have the right to collect
lawfully imposed nondiscriminatory State excise, sales, and
transaction taxes on the purchase of a good or service from an
Indian tribe (including a tribal government or tribal
corporation) by a person who is not a member of that Indian
tribe;
(2) the collection of the taxes referred to in paragraph
(1) has been impeded by the assertion of tribal immunity by
Indian tribes (including tribal governments and corporations)
and members of an Indian tribe as a defense in an action in a
Federal court that is necessary to enforce the collection of
the State taxes that apply to the sales referred to in
paragraph (1); and
(3) the failure of an Indian tribe (including a tribal
government or tribal corporation) or a member of an Indian
tribe to act as an agent of a State to collect a State tax
referred to in paragraph (1)--
(A) unlawfully deprives that State of essential tax
revenues needed for infrastructure improvement and
ensuring the health and welfare of all of the citizens
of that State; and
(B) creates a disadvantage for law-abiding
businesses that are not associated with the Indian
tribe and that fulfill their obligation to act as an
agent of the State, and, as a result of that
disadvantage, some of those businesses may be forced
out of business.
SEC. 3. COLLECTION OF STATE TAXES.
Section 1362 of title 28, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``The
district courts'';
(2) by inserting ``(referred to in this section as an
`Indian tribe')'' after ``Interior''; and
(3) by adding at the end the following:
``(b) Collection of Qualified State Taxes by Indian Tribes.--
``(1) Definitions.--In this subsection:
``(A) Good or service.--The term `good or service'
includes any tobacco product or motor fuel (within the
meaning of the Internal Revenue Code of 1986).
``(B) Qualified state tax.--
``(i) In general.--The term `qualified
State tax' means any lawfully imposed,
nondiscriminatory excise, sales, or transaction
tax imposed by a State on a purchase of a good
or service from a tribal retail enterprise by a
person who is not a member of that Indian
tribe.
``(ii) Exceptions.--The term does not
include any State tax--
``(I) imposed on the sale of a good
or service by a tribal retail
enterprise to a person who is not a
member of an Indian tribe with respect
to which, as of the date of enactment
of the State Excise, Sales, and
Transaction Tax Enforcement Act of
1998, the tribal retail enterprise is
exempted under the law of that State
from collecting and remitting because
the Indian tribe associated with that
tribal retail enterprise imposes and
collects an equivalent tax on such sale
in an amount equal to the tax that
would otherwise be imposed by the
State;
``(II) imposed on the sales of a
tribal retail enterprise if, as of the
date of enactment of the State Excise,
Sales, and Transaction Tax Enforcement
Act of 1998, the State has waived the
applicability of that tax to the
purchase of a good or service from that
tribal retail enterprise by a person
who is not a member of the Indian tribe of the owner or operator of
that tribal retail enterprise;
``(III) that is the subject, as of
the date of enactment of the State
Excise, Sales, and Transaction Tax
Enforcement Act of 1998, of an
agreement between a tribal retail
enterprise and a State that exempts
that tribal retail enterprise from
collecting and remitting that tax; or
``(IV) with respect to which the
incidence of the tax falls on an Indian
tribe (including a tribal government or
tribal corporation) or member of an
Indian tribe.
``(C) Tribal immunity.--The term `tribal immunity'
means the immunity of an Indian tribe (including a
tribal government or tribal corporation) from
jurisdiction of the Federal courts, judicial review of
an action of that Indian tribe, and other remedies.
``(D) Tribal retail enterprise.--The term `tribal
retail enterprise' includes any entity that--
``(i) is owned or operated by an Indian
tribe (including a tribal government or tribal
corporation) or member of an Indian tribe; and
``(ii) engages in the business of the
wholesale or retail sales of a good or service.
``(2) Collection of qualified state taxes.--Subject to
paragraph (3), the owner or operator of a tribal retail
enterprise shall collect and remit such qualified State taxes
as the owner or operator of the tribal retail enterprise is
required to collect and remit.
``(3) Conflict resolution.--
``(A) Declaratory judgments.--A State may bring an
action for a declaratory judgment under section 2201 of
this title in a district court of appropriate
jurisdiction concerning the applicability or lawfulness
of a qualified State tax referred to in paragraph (2).
``(B) Actions.--A State may bring an action against
a tribal retail enterprise, or the Indian tribe
(including a tribal government or tribal corporation)
or member of an Indian tribe that owns or operates the
tribal retail enterprise in a district court of
appropriate jurisdiction to enforce the collection or
remittance of a qualified State tax under paragraph
(2).
``(C) Waiver of tribal immunity.--In an action
referred to in subparagraph (A) or (B), to the extent
necessary to obtain a judgment in that action, the
tribal immunity of the Indian tribe (including a tribal
government or tribal corporation) or member of the
Indian tribe is waived.''.
SEC. 4. APPLICABILITY.
The amendments made by section 3 shall apply to sales of goods or
services referred to in section 1362(b) of title 28, United States
Code, as added by section 3, that are made after the date of enactment
of this Act. | State, Excise, Sales, and Transaction Tax Enforcement Act of 1998 - Amends the Federal judicial code to require the owners and operators of tribal retail enterprises to collect and remit qualified State taxes. Allows a State to bring an action in a district court: (1) for a declaratory judgment concerning the applicability or lawfulness of such a tax; or (2) against a tribal retail enterprise or the Indian tribe or a tribal member that owns or operates the enterprise to enforce the collection or remittance of such a tax.
Defines a "qualified State tax" as any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of that Indian tribe, excluding any State tax: (1) imposed on a purchase from an enterprise that is exempted under State law from collecting and remitting because the associated Indian tribe imposes and collects an equivalent tax; (2) imposed on a sale if the State has waived the applicability of that tax to a purchase from the enterprise by a person who is not a member of the associated tribe; (3) that is the subject of an agreement between an enterprise and a State that exempts that enterprise from collecting and remitting that tax; or (4) the incidence of which falls on an Indian tribe or a member of an Indian tribe. | {"src": "billsum_train", "title": "State Excise, Sales and Transaction Tax Enforcement Act of 1998"} | 1,441 | 332 | 0.654332 | 1.791177 | 0.800101 | 4 | 4.90146 | 0.956204 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Business Activity Tax Simplification
Act of 2013''.
SEC. 2. MODERNIZATION OF PUBLIC LAW 86-272.
(a) Solicitations With Respect to Sales and Transactions of Other
Than Tangible Personal Property.--Section 101 of the Act entitled ``An
Act relating to the power of the States to impose net income taxes on
income derived from interstate commerce, and authorizing studies by
congressional committees of matters pertaining thereto'', approved
September 14, 1959 (15 U.S.C. 381 et seq.), is amended--
(1) in section (a), by striking ``either, or both,'' and
inserting ``any one or more'';
(2) in subsection (a)(1), by striking ``by such person''
and all that follows and inserting ``(which are sent outside
the State for approval or rejection) or customers by such
person, or his representative, in such State for sales or
transactions, which are--
``(A) in the case of tangible personal property,
filled by shipment or delivery from a point outside the
State; and
``(B) in the case of all other forms of property,
services, and other transactions, fulfilled or
distributed from a point outside the State;'';
(3) in subsection (a)(2), by striking the period at the end
and inserting a semicolon;
(4) in subsection (a), by adding at the end the following
new paragraphs:
``(3) the furnishing of information to customers or
affiliates in such State, or the coverage of events or other
gathering of information in such State by such person, or his
representative, which information is used or disseminated from
a point outside the State; and
``(4) those business activities directly related to such
person's potential or actual purchase of goods or services
within the State if the final decision to purchase is made
outside the State.'';
(5) by striking subsection (c) and inserting the following
new subsection:
``(c) For purposes of subsection (a) of this section, a person
shall not be considered to have engaged in business activities within a
State during any taxable year merely--
``(1) by reason of sales or transactions in such State, the
solicitation of orders for sales or transactions in such State,
the furnishing of information to customers or affiliates in
such State, or the coverage of events or other gathering of
information in such State, on behalf of such person by one or
more independent contractors;
``(2) by reason of the maintenance of an office in such
State by one or more independent contractors whose activities
on behalf of such person in such State are limited to making
sales or fulfilling transactions, soliciting order for sales or
transactions, the furnishing of information to customers or
affiliates, and/or the coverage of events or other gathering of
information; or
``(3) by reason of the furnishing of information to an
independent contractor by such person ancillary to the
solicitation of orders or transactions by the independent
contractor on behalf of such person.''; and
(6) in subsection (d)(1)--
(A) by inserting ``or fulfilling transactions''
after ``selling''; and
(B) by striking ``the sale of, tangible personal
property'' and inserting ``a sale or transaction,
furnishing information, or covering events, or
otherwise gathering information''.
(b) Application of Prohibitions to Other Business Activity Taxes.--
Title I of the Act entitled ``An Act relating to the power of the
States to impose net income taxes on income derived from interstate
commerce, and authorizing studies by congressional committees of
matters pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.), is amended by adding at the end the following:
``Sec. 105. For taxable periods beginning on or after January 1,
2014, the prohibitions of section 101 that apply with respect to net
income taxes shall also apply with respect to each other business
activity tax, as defined in section 5(a)(2) of the Business Activity
Tax Simplification Act of 2013. A State or political subdivision
thereof may not assess or collect any tax which by reason of this
section the State or political subdivision may not impose.''.
SEC. 3. MINIMUM JURISDICTIONAL STANDARD FOR STATE AND LOCAL NET INCOME
TAXES AND OTHER BUSINESS ACTIVITY TAXES.
(a) In General.--No taxing authority of a State shall have power to
impose, assess, or collect a net income tax or other business activity
tax on any person relating to such person's activities in interstate
commerce unless such person has a physical presence in the State during
the taxable period with respect to which the tax is imposed.
(b) Requirements for Physical Presence.--
(1) In general.--For purposes of subsection (a), a person
has a physical presence in a State only if such person's
business activities in the State include any of the following
during such person's taxable year:
(A) Being an individual physically in the State, or
assigning one or more employees to be in the State.
(B) Using the services of an agent (excluding an
employee) to establish or maintain the market in the
State, if such agent does not perform business services
in the State for any other person during such taxable
year.
(C) The leasing or owning of tangible personal
property or of real property in the State.
(2) De minimis physical presence.--For purposes of this
section, the term ``physical presence'' shall not include--
(A) presence in a State for less than 15 days in a
taxable year (or a greater number of days if provided
by State law); or
(B) presence in a State to conduct limited or
transient business activity.
(c) Taxable Periods Not Consisting of a Year.--If the taxable
period for which the tax is imposed is not a year, then any
requirements expressed in days for establishing physical presence under
this Act shall be adjusted pro rata accordingly.
(d) Minimum Jurisdictional Standard.--This section provides for
minimum jurisdictional standards and shall not be construed to modify,
affect, or supersede the authority of a State or any other provision of
Federal law allowing persons to conduct greater activities without the
imposition of tax jurisdiction.
(e) Exceptions.--
(1) Domestic business entities and individuals domiciled
in, or residents of, the state.--Subsection (a) does not apply
with respect to--
(A) a person (other than an individual) that is
incorporated or formed under the laws of the State (or
domiciled in the State) in which the tax is imposed; or
(B) an individual who is domiciled in, or a
resident of, the State in which the tax is imposed.
(2) Taxation of partners and similar persons.--This section
shall not be construed to modify or affect any State business
activity tax liability of an owner or beneficiary of an entity
that is a partnership, a S corporation (as defined in section
1361 of the Internal Revenue Code of 1986), a limited liability
company (classified as a partnership for Federal income tax
purposes), a trust, an estate, or any other similar entity, if
the entity has a physical presence in the State in which the
tax is imposed.
(3) Preservation of authority.--This section shall not be
construed to modify, affect, or supersede the authority of a
State to enact a law and bring an enforcement action under such
law or existing law against a person or persons or an entity or
entities, including but not limited to related persons or
entities, that is or are engaged in an illegal activity, a sham
transaction, or an actual abuse in its or their business
activities in order to ensure a proper reflection of its or
their tax liabilities, nor shall it supersede the authority of
a State to require combined reporting.
SEC. 4. GROUP RETURNS.
If, in computing the net income tax or other business activity tax
liability of a person for a taxable year, the net income or other
economic results of affiliated persons is taken into account, the
portion of such combined or consolidated net income or other economic
results that may be subject to tax by the State shall be computed using
the methodology that is generally applicable to businesses conducting
similar business activities and, if that generally applicable
methodology employs an apportionment formula, the denominator or
denominators of that formula shall include the aggregate factors of all
persons whose net income or other economic results are included in such
combined or consolidated net income or other economic results and the
numerator or numerators shall include the factors attributable to the
state of only those persons that are themselves subject to taxation by
the State pursuant to the provisions of this Act and subject to all
other legal constraints on State taxation of interstate or foreign
commerce.
SEC. 5. DEFINITIONS AND EFFECTIVE DATE.
(a) Definitions.--For purposes of this Act:
(1) Net income tax.--The term ``net income tax'' has the
meaning given that term for the purposes of the Act entitled
``An Act relating to the power of the States to impose net
income taxes on income derived from interstate commerce, and
authorizing studies by congressional committees of matters
pertaining thereto'', approved September 14, 1959 (15 U.S.C.
381 et seq.).
(2) Other business activity tax.--
(A) In general.--The term ``other business activity
tax'' means any tax in the nature of a net income tax
or tax measured by the amount of, or economic results
of, business or related activity conducted in the
State.
(B) Exclusion.--The term ``other business activity
tax'' does not include a sales tax, a use tax, or a
similar transaction tax, imposed on the sale or
acquisition of goods or services, whether or not
denominated a tax imposed on the privilege of doing
business.
(3) Person.--The term ``person'' has the meaning given such
term by section 1 of title 1 of the United States Code. Each
corporation that is a member of a group of affiliated
corporations, whether unitary or not, is itself a separate
``person''.
(4) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States, or any political subdivision
of any of the foregoing.
(5) Tangible personal property.--For purposes of section
3(b)(1)(C), the leasing or owning of tangible personal property
does not include the leasing or licensing of computer software.
(b) Effective Date.--This Act shall apply with respect to taxable
periods beginning on or after January 1, 2014. | Business Activity Tax Simplification Act of 2013 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for: (1) determining that a person has a physical presence in a state, and (2) the computation of the tax liability of affiliated businesses operating in a state. | {"src": "billsum_train", "title": "Business Activity Tax Simplification Act of 2013"} | 2,430 | 134 | 0.459622 | 1.229919 | 0.58651 | 2.483607 | 18.368852 | 0.877049 |
SECTION 1. FINDINGS.
The Congress finds as follows:
(1) The Reverend Joseph Armstrong DeLaine, one of the true
heroes of the civil rights struggle, led a crusade to break down
barriers in education in South Carolina.
(2) The efforts of Reverend DeLaine led to the desegregation of
public schools in the United States, but forever scarred his own
life.
(3) In 1949, Joseph DeLaine, a minister and school principal,
organized African-American parents in Summerton, South Carolina, to
petition the school board for a bus for black students, who had to
walk up to 10 miles through corn and cotton fields to attend a
segregated school, while the white children in the school district
rode to and from school in nice clean buses.
(4) In 1950, these same parents, including Harry and Eliza
Briggs, sued to end public school segregation in Briggs et al. v.
Elliott et al., one of 5 cases that collectively led to the
landmark 1954 Supreme Court decision of Brown et al. v. Board of
Education of Topeka et al.
(5) Because of his participation in the desegregation movement,
Reverend DeLaine was subjected to repeated acts of domestic terror
in which--
(A) he, along with 2 sisters and a niece, lost their jobs;
(B) he fought off an angry mob;
(C) he received frequent death threats; and
(D) his church and his home were burned to the ground.
(6) In October 1955, after Reverend DeLaine relocated to
Florence County in South Carolina, shots were fired at the DeLaine
home, and because Reverend DeLaine fired back to mark the car, he
was charged with assault and battery with intent to kill.
(7) The shooting incident drove him from South Carolina to
Buffalo, New York, where he organized an African Methodist
Episcopal Church.
(8) Believing that he would not be treated fairly by the South
Carolina judicial system if he returned to South Carolina, Reverend
DeLaine told the Federal Bureau of Investigation, ``I am not
running from justice but injustice'', and it was not until 2000 (26
years after his death and 45 years after the incident) that
Reverend DeLaine was cleared of all charges relating to the October
1955 incident.
(9) Reverend DeLaine was a humble and fearless man who showed
the Nation that all people, regardless of the color of their skin,
deserve a first-rate education, a lesson from which the Nation has
benefited immeasurably.
(10) Reverend DeLaine deserves rightful recognition for the
suffering that he and his family endured to teach the Nation one of
the great civil rights lessons of the last century.
(11) Like the Reverend DeLaine and Harry and Eliza Briggs, Levi
Pearson was an integral participant in the struggle to equalize the
educational experiences of white and black students in South
Carolina.
(12) Levi Pearson, with the assistance of Reverend Joseph
DeLaine, filed a lawsuit against the Clarendon County School
District to protest the inequitable treatment of black children.
(13) As a result of his lawsuit, Levi Pearson also suffered
from acts of domestic terror, such as the time gun shots were fired
into his home, as well as economic consequences: local banks
refused to provide him with credit to purchase farming materials
and area farmers refused to lend him equipment.
(14) Although his case was ultimately dismissed on a
technicality, Levi Pearson's courage to stand up for equalized
treatment and funding for black students served as the catalyst for
further attempts to desegregate South Carolina schools, as he
continued to fight against segregation practices and became
President of Clarendon County Chapter of the NAACP.
(15) When Levi Pearson's litigation efforts to obtain equalized
treatment and funding for black students were stymied, Harry and
Eliza Briggs, a service station attendant and a maid, continued to
fight for not only equalized treatment of all children but
desegregated schools as well.
(16) As with Reverend DeLaine and Levi Pearson, the family of
Harry and Eliza Briggs suffered consequences for their efforts:
Harry and Eliza both were fired from their jobs and forced to move
their family to Florida.
(17) Although they and their family suffered tremendously,
Harry and Eliza Briggs were also pioneers leading the effort to
desegregate America's public schools.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--In recognition of the contributions
of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson
to the Nation as pioneers in the effort to desegregate public schools
that led directly to the landmark desegregation case of Brown et al. v.
the Board of Education of Topeka et al., the Speaker of the House of
Representatives and the President Pro Tempore of the Senate shall make
appropriate arrangements for the presentation, on behalf of the
Congress, of a gold medal of appropriate design, to Joseph De Laine,
Jr., as next of kin of Reverend Joseph A. DeLaine, and to the next of
kin or other personal representative of Harry and Eliza Briggs and of
Levi Pearson.
(b) Design and Striking.--For the purposes of the awards referred
to in subsection (a), the Secretary of the Treasury (hereafter in this
Act referred to as the ``Secretary'') shall strike 3 gold medals with
suitable emblems, devices, and inscriptions, to be determined by the
Secretary.
SEC. 3. DUPLICATE MEDALS.
The Secretary may strike and sell duplicates in bronze of the gold
medals struck pursuant to section 2, under such regulations as the
Secretary may prescribe, and at a price sufficient to cover the costs
thereof, including labor, materials, dies, use of machinery, and
overhead expenses, and the cost of the gold medals.
SEC. 4. STATUS AS NATIONAL MEDALS.
(a) National Medals.--The medals struck pursuant to this Act are
national medals for purposes of chapter 51 of title 31, United States
Code.
(b) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all medals struck under this Act shall be
considered to be numismatic items.
SEC. 5. FUNDING.
(a) Authority To Use Fund Amounts.--There is authorized to be
charged against the United States Mint Public Enterprise Fund such
amounts as may be necessary to pay for the cost of the medals
authorized by this Act.
(b) Proceeds of Sale.--Amounts received from the sale of duplicate
bronze medals under section 3 shall be deposited in the United States
Mint Public Enterprise Fund.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Authorizes the President to award congressional gold medals posthumously, to their next of kin, on behalf of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson, in recognition of their contributions to the Nation as pioneers in South Carolina in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al.
Directs that amounts received from the sale of duplicate bronze medals be deposited in the U.S. Mint Public Enterprise Fund. | {"src": "billsum_train", "title": "To award congressional gold medals posthumously on behalf of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson in recognition of their contributions to the Nation as pioneers in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al."} | 1,540 | 134 | 0.397437 | 1.49454 | 0.493823 | 6.806122 | 13.94898 | 0.94898 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Raise the Wage Act''.
SEC. 2. MINIMUM WAGE INCREASES.
(a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of
1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:
``(1) except as otherwise provided in this section, not
less than--
``(A) $9.25 an hour, beginning on the effective
date under section 7 of the Raise the Wage Act;
``(B) $10.10 an hour, beginning 1 year after such
effective date;
``(C) $11.00 an hour, beginning 2 years after such
effective date;
``(D) $12.00 an hour, beginning 3 years after such
effective date;
``(E) $13.00 an hour, beginning 4 years after such
effective date;
``(F) $13.50 an hour, beginning 5 years after such
effective date;
``(G) $14.25 an hour, beginning 6 years after such
effective date;
``(H) $15.00 an hour, beginning 7 years after such
effective date; and
``(I) beginning on the date that is 8 years after
such effective date, and annually thereafter, the
amount determined by the Secretary under subsection
(h);''.
(b) Determination Based on Increase in the Median Hourly Wage of
All Employees.--Section 6 of the Fair Labor Standards Act of 1938 (29
U.S.C. 206) is amended by adding at the end the following:
``(h)(1) Not later than each date that is 90 days before a new
minimum wage determined under subsection (a)(1)(I) is to take effect,
the Secretary shall determine the minimum wage to be in effect under
this subsection for each period described in subsection (a)(1)(I). The
wage determined under this subsection for a year shall be--
``(A) not less than the amount in effect under subsection
(a)(1) on the date of such determination;
``(B) increased from such amount by the annual percentage
increase, if any, in the median hourly wage of all employees as
determined by the Bureau of Labor Statistics; and
``(C) rounded to the nearest multiple of $0.05.
``(2) In calculating the annual percentage increase in the median
hourly wage of all employees for purposes of paragraph (1)(B), the
Secretary, through the Bureau of Labor Statistics, shall compile data
on the hourly wages of all employees to determine such a median hourly
wage and compare such median hourly wage for the most recent year for
which data are available with the median hourly wage determined for the
preceding year.''.
SEC. 3. TIPPED EMPLOYEES.
(a) Base Minimum Wage for Tipped Employees.--Section 3(m)(1) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)) is amended to
read as follows:
``(1) the cash wage paid such employee, which for purposes
of such determination shall be not less than--
``(A) for the 1-year period beginning on the
effective date under section 7 of the Raise the Wage
Act, $4.15 an hour;
``(B) for each succeeding 1-year period until the
hourly wage under this paragraph equals the wage in
effect under section 6(a)(1) for such period, an hourly
wage equal to the amount determined under this
paragraph for the preceding year, increased by the
lesser of--
``(i) $1.15; or
``(ii) the amount necessary for the wage in
effect under this paragraph to equal the wage
in effect under section 6(a)(1) for such
period, rounded to the nearest multiple of
$0.05; and
``(C) for each succeeding 1-year period after the
increase made pursuant to subparagraph (B)(ii), the
minimum wage in effect under section 6(a)(1); and''.
(b) Tips Retained by Employees.--Section 3(m) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)) is amended--
(1) in the second sentence of the matter following
paragraph (2), by striking ``of this subsection, and all tips
received by such employee have been retained by the employee''
and inserting ``of this subsection. Any employee shall have the
right to retain any tips received by such employee''; and
(2) by adding at the end the following: ``An employer shall
inform each employee of the right and exception provided under
the preceding sentence.''.
(c) Scheduled Repeal of Separate Minimum Wage for Tipped
Employees.--
(1) Tipped employees.--Section 3(m) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(m)), as amended by
subsections (a) and (b), is further amended by striking the
sentence beginning with ``In determining the wage an employer
is required to pay a tipped employee,'' and all that follows
through ``of this subsection.'' and inserting ``The wage
required to be paid to a tipped employee shall be the wage set
forth in section 6(a)(1).''.
(2) Publication of notice.--Section 6(i) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(i)), as added by section
5, is amended by striking ``or in accordance with subparagraph
(B) or (C) of section 3(m)(1) (as applicable),''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect on the date that is one day after the
date on which the hourly wage under section 3(m)(1)(C) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(1)(C)), as
amended by subsection (a), takes effect.
SEC. 4. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD.
(a) Base Minimum Wage for Newly Hired Employees Who Are Less Than
20 Years Old.--Section 6(g)(1) of the Fair Labor Standards Act of 1938
(29 U.S.C. 206(g)(1)) is amended by striking ``a wage which is not less
than $4.25 an hour.'' and inserting the following: ``a wage at a rate
that is not less than--
``(A) for the 1-year period beginning on the
effective date under section 7 of the Raise the Wage
Act, $5.00 an hour;
``(B) for each succeeding 1-year period until the
hourly wage under this paragraph equals the wage in
effect under section 6(a)(1) for such period, an hourly
wage equal to the amount determined under this
paragraph for the preceding year, increased by the
lesser of--
``(i) $1.05; or
``(ii) the amount necessary for the wage in
effect under this paragraph to equal the wage
in effect under section 6(a)(1) for such
period, rounded to the nearest multiple of
$0.05; and
``(C) for each succeeding 1-year period after the
increase made pursuant to subparagraph (B)(ii), the
minimum wage in effect under section 6(a)(1).''.
(b) Scheduled Repeal of Separate Minimum Wage for Newly Hired
Employees Who Are Less Than 20 Years Old.--
(1) In general.--Section 6(g)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by
subsection (a), shall be repealed effective on the date
provided in paragraph (3).
(2) Publication of notice.--Section 6(i) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(i)), as amended by section
3(c)(2), is further amended by striking ``or subparagraph (B)
or (C) of section 6(g)(1) (as applicable),''.
(3) Effective date.--The repeal and amendment made by
paragraphs (1) and (2), respectively, shall take effect on the
date that is one day after the date on which the hourly wage
under section 6(g)(1)(C) of the Fair Labor Standards Act, as
amended by subsection (a), takes effect.
SEC. 5. PUBLICATION OF NOTICE.
Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206),
as amended by the preceding sections, is further amended by adding at
the end the following:
``(i) Not later than 60 days prior to the effective date of any
increase in the required wage determined under subsection (h), or in
accordance with subparagraph (B) or (C) of section 3(m)(1) (as
applicable), section 14(c)(1)(A) (as applicable), or subparagraph (B)
or (C) of section 6(g)(1) (as applicable), the Secretary shall publish
in the Federal Register and on the website of the Department of Labor a
notice announcing each increase in such required wage.''.
SEC. 6. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS WITH
DISABILITIES.
(a) Wages.--
(1) Transition to fair wages for individuals with
disabilities.--Subparagraph (A) of section 14(c)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to
read as follows:
``(A) at a rate that equals, or exceeds, the
greater of--
``(i)(I) $4.25 an hour, beginning 1 year
after the date the wage rate specified in
section 6(a)(1)(A) takes effect;
``(II) $6.25 an hour, beginning 2 years
after such date;
``(III) $8.25 an hour, beginning 3 years
after such date;
``(IV) $10.25 an hour, beginning 4 years
after such date;
``(V) $12.25 an hour, beginning 5 years
after such date; and
``(VI) the wage rate in effect under
section 6(a)(1), on the date that is 6 years
after the date the wage specified in section
6(a)(1)(A) takes effect; or
``(ii) if applicable, the wage rate in
effect on the day before the date of enactment
of the Raise the Wage Act for the employment,
under a special certificate issued under this
paragraph, of the individual for whom the wage
rate is being determined under this
subparagraph,''.
(2) Prohibition on new special certificates; sunset.--
Section 14(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 214(c)) (as amended by paragraph (1)) is further amended
by adding at the end the following:
``(6) Prohibition on new special certificates.--
Notwithstanding paragraph (1), the Secretary shall not issue a
special certificate under this subsection to an employer that
was not issued a special certificate under this subsection
before the date of enactment of the Raise the Wage Act.
``(7) Sunset.--Beginning on the day after the date on which
the wage rate described in paragraph (1)(A)(i)(VI) takes
effect, the authority to issue special certificates under
paragraph (1) shall expire, and no special certificates issued
under paragraph (1) shall have any legal effect.
``(8) Transition assistance.--Upon request, the Secretary
shall provide--
``(A) technical assistance and information to
employers issued a special certificate under this
subsection for the purposes of--
``(i) transitioning the practices of such
employers to comply with this subsection, as
amended by the Raise the Wage Act; and
``(ii) ensuring continuing employment
opportunities for individuals with disabilities
receiving a special minimum wage rate under
this subsection; and
``(B) information to individuals employed at a
special minimum wage rate under this subsection, which
may include referrals to other Federal or State
entities with expertise in competitive integrated
employment.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of enactment of this Act.
(b) Publication of Notice.--
(1) Amendment.--Section 6(i) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(i)), as amended by section 4(b)(2),
is further amended by striking ``section 14(c)(1)(A) (as
applicable),''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the day after the date on which the wage
rate described in paragraph (1)(A)(i)(VI) of section 14(c) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as
amended by subsection (a)(1), takes effect.
SEC. 7. GENERAL EFFECTIVE DATE.
Except as otherwise provided in this Act or the amendments made by
this Act, this Act and the amendments made by this Act shall take
effect on the first day of the third month that begins after the date
of enactment of this Act. | Raise the Wage Act This bill amends the Fair Labor Standards Act of 1938 to increase the federal minimum wage for regular employees over a 7-year period, for tipped employees, and for newly hired employees who are less than 20 years old. The bill sets forth a schedule of annual increases in the federal minimum wage for individuals with disabilities. The Department of Labor shall no longer issue special certificates for the payment of subminimum wages to such individuals after the final wage increase under this bill for such individuals takes effect. Labor shall provide, upon request, technical assistance and information to employers to: (1) help them transition their practices to comply with wage increases and other requirements under this bill for individuals with disabilities, and (2) ensure continuing employment opportunities for such individuals. The bill eliminates the separate minimum wage requirements for tipped, newly hired, and disabled employees. After a specified period, these employees shall be paid the same minimum wage as regular employees. Labor must publish any increase in the minimum wage in the Federal Register and on its website 60 days before it takes effect. | {"src": "billsum_train", "title": "Raise the Wage Act"} | 2,990 | 221 | 0.530257 | 1.309086 | 0.718637 | 2.330189 | 12.481132 | 0.849057 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``225th Anniversary of the American
Revolution Commemoration Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the American Revolution, inspired by the spirit of
liberty and independence among the inhabitants of the original
13 English colonies, was an event of global significance having
a profound and lasting effect on the government, laws, culture,
society, and values of the United States;
(2) the years 2000 through 2008 mark the 225th anniversary
of the American Revolution;
(3) citizens of the United States should have an
opportunity to understand and appreciate the continuing legacy
of the American Revolution;
(4) the 225th anniversary of the American Revolution
provides an opportunity to enhance public awareness and
understanding of the impact of the American Revolution on the
lives of citizens of the United States;
(5) although the National Park Service administers
battlefields, historical parks, historic sites, and programs
that address elements of the story of the American Revolution,
there is a need to establish partnerships that link those sites
and programs with sites and programs of other Federal and non-
Federal entities to place the story of the American Revolution
in the broad context of the causes, consequences, and
significance of the American Revolution; and
(6) a national program of the National Park Service that
links historic structures and sites, routes, activities,
community projects, exhibits, and multimedia materials in a
manner that is unified and flexible is the best method of
conveying to citizens of the United States the story and
significance of the American Revolution.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the enduring importance of the American
Revolution to the lives of citizens of the United States; and
(2) to authorize the National Park Service to coordinate,
connect, and facilitate Federal and non-Federal activities to
commemorate, honor, and interpret the history of the American
Revolution, including the significance and relevance of the
American Revolution to the shape and spirit of the Government
and society of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Program.--The term ``Program'' means the 225th
Anniversary of the American Revolution Commemoration Program
established under section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
PROGRAM.
(a) In General.--The Secretary shall establish within the National
Park Service a program to be known as the ``225th Anniversary of the
American Revolution Commemoration Program''.
(b) Activities.--In carrying out the program, the Secretary shall--
(1) produce and distribute to the public educational
materials relating to the American Revolution, such as--
(A) handbooks;
(B) maps;
(C) interpretive guides; and
(D) electronic information;
(2) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d);
(3) assist in the protection of resources associated with
the American Revolution;
(4) enhance communications, connections, and collaboration
among units and programs of the National Park Service relating
to the American Revolution;
(5) expand the research base for interpretation of and
education on the American Revolution; and
(6)(A) create and adopt an official, uniform symbol or
device for the theme ``Lighting Freedom's Flame: American
Revolution, 225th Anniversary''; and
(B) promulgate regulations for the use of the symbol or
device.
(c) Components.--The Program shall include--
(1) units and programs of the National Park Service
relevant to the American Revolution, as determined by the
Secretary;
(2) other governmental and nongovernmental--
(A) sites and facilities that are documented to be
directly related to the American Revolution; and
(B) programs of an educational, research, or
interpretive nature relating to the American
Revolution; and
(3) through the Secretary of State, the participation of
the Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
(d) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this Act and to ensure the effective
coordination of the Federal and non-Federal components of the Program
with National Park Service units and programs, the Secretary may enter
into cooperative agreements and memoranda of understanding with, and
provide technical assistance to--
(1) the heads of other Federal agencies, States, units of
local government, and private entities; and
(2) in cooperation with the Secretary of State, the
Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $500,000 for each
of fiscal years 2004 through 2009.
Passed the Senate April 7, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | 225th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration Program. Requires the Secretary, in carrying out such Program, to: (1) produce and distribute to the public educational materials relating to the American Revolution, such as handbooks, maps, and interpretive guides; (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance as specified below to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada; (3) assist in the protection of resources associated with the American Revolution; (4) enhance communications, connections, and collaboration among the National Park Service (NPS) units and programs relating to the American Revolution; (5) expand the research base for interpretation of and education on the American Revolution; and (6) create and adopt an official symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary" and promulgate regulations for its use.
Requires that such Program include: (1) all NPS units and programs relevant to the American Revolution; (2) other governmental and nongovernmental sites, facilities that are documented to be directly related to the American Revolution, and educational, research, and interpretive programs relating to the American Revolution; and (3) the participation of the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Authorizes the Secretary to enter into cooperative agreements and memoranda of understanding to provide technical assistance to the entities specified above, and in cooperation with the Secretary of State, to the governments of the United Kingdom, France, the Netherlands, Spain, and Canada, to achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with NPS units and programs. Authorizes appropriations. | {"src": "billsum_train", "title": "A bill to establish within the National Park Service the 225th Anniversary of the American Revolution Commemorative Program, and for other purposes."} | 1,077 | 413 | 0.677245 | 2.17338 | 0.78831 | 5.949735 | 2.753968 | 0.949735 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Funds Transfer Federal
Salary Act''.
SEC. 2. SAFE, ECONOMICAL, EFFECTIVE PAYROLL ADMINISTRATION.
(a) In General.--Section 3332 of title 31, United States Code, is
amended by striking subsections (a), (b), (c), (d), and (e) and
inserting the following new subsections:
``(a) Financial Organization Defined.--For purposes of this
section, the term `financial organization' means a depository
institution (as defined in section 3(c) of the Federal Deposit
Insurance Act), a Federal or State credit union (as defined in section
101 of the Federal Credit Union Act), or a similar institution.
``(b) Electronic Funds Transfers of Payments of Employee Pay.--
``(1) Secretary authorized to require electronic
transfers.--Notwithstanding any other provision of law, the
Secretary of the Treasury (hereafter in this section referred
to as the `Secretary) may prescribe regulations requiring the
pay of any employee of any agency to be paid by electronic
funds transfer or any other method determined by the Secretary
to be in the interest of economy or effectiveness if the
Secretary--
``(A) determines that such requirement is
practicable; and
``(B) establishes and maintains sufficient
safeguards over the control of, and accounting for,
public funds in connection with any such transfer.
``(2) Designation of financial organization recipient.--Any
regulation prescribed under paragraph (1) shall require any
employee whose pay is subject to such regulation to designate
the financial organization to receive the payments of such pay.
``(3) Report of designation.--Any certification which is
made by the head of an agency with respect to the payment of
employee pay of an employee whose pay is subject to regulations
prescribed under paragraph (1) shall contain such information
about the financial organization designated by the employee
under paragraph (2) as the Secretary may require.
``(4) Transfer fees prohibited.--
``(A) Secretary.--The Secretary may not charge any
financial organization any fee in connection with any
payment made in accordance with this section.
``(B) Financial organization.--No financial
organization may charge any employee of an agency for
handling payments by the Secretary to the employee in a
manner authorized by the Secretary pursuant to this
subsection.
``(5) Exemption at request of employee.--The Secretary may,
at the request of any employee who was employed by the United
States Government on the date of the enactment of the
Electronic Funds Transfer Federal Salary Act and whose annual
rate of basic pay is less than $20,000, exempt such employee
from the requirements of this section.
``(6) National security exceptions.--
``(A) In general.--No provision of this section
shall be construed as impairing or affecting any
provision of section 102(d)(3) of the National Security
Act of 1947 or section 6 of the Central Intelligence
Agency Act of 1949.
``(B) Exemption of cia authorized.--The Director of
the Central Intelligence Agency, or a designee of the
Director, may exempt the Central Intelligence Agency
and any employee of such agency from regulations issued
pursuant to paragraph (1) and the requirements of
paragraph (3) if the Director or designee determines
that compliance with such regulations and requirements
would risk disclosure of intelligence sources and
methods or compromise the security of foreign
intelligence or counterintelligence activities.
``(c) Effect of Payment.--The acceptance by a financial
organization of a payment of an amount by the United States in any
manner authorized by the Secretary pursuant to subsection (b) or (d)
shall constitute full acquittance of the United States for such amount.
``(d) Payment of Other Amounts by Electronic Fund Transfers.--The
payment by the United States of any amount due any person for any
purpose (other than pay payable to an employee of an agency) may be
made in any manner authorized by the Secretary pursuant to this section
upon receipt by the Secretary of a written request of such person for
payment in such manner.''.
(b) Technical and Conforming Amendments.--Section 3332 of title 31,
United States Code, is amended--
(1) by redesignating subsection (f) as subsection (e); and
(2) by striking ``The'' in the 1st sentence of subsection
(e) (as so redesignated) and inserting ``Notwithstanding
subsection (b)(1), the''. | Electronic Funds Transfer Federal Salary Act - Amends Federal law to authorize the Secretary of the Treasury to prescribe regulations requiring Federal employees to be paid via direct deposit or any other economical and effective method provided there are sufficient safeguards. | {"src": "billsum_train", "title": "Electronic Funds Transfer Federal Salary Act"} | 1,010 | 50 | 0.535109 | 1.27104 | 0.872278 | 2.119048 | 22 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Savings Are Vital to Everyone's
Retirement Act of 1997''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds as follows:
(1) The impending retirement of the baby boom generation
will severely strain our already overburdened entitlement
system, necessitating increased reliance on pension and other
personal savings.
(2) Studies have found that less than a third of Americans
have even tried to calculate how much they will need to have
saved by retirement, and that less than 20 percent are very
confident they will have enough money to live comfortably
throughout their retirement.
(3) A leading obstacle to expanding retirement savings is
the simple fact that far too many Americans--particularly the
young--are either unaware of, or without the knowledge and
resources necessary to take advantage of, the extensive
benefits offered by our retirement savings system.
(b) Purpose.--It is the purpose of this Act--
(1) to advance the public's knowledge and understanding of
retirement savings and its critical importance to the future
well-being of American workers and their families;
(2) to provide for a periodic, bipartisan national
retirement savings summit in conjunction with the White House
to elevate the issue of savings to national prominence; and
(3) to initiate the development of a broad-based, public
education program to encourage and enhance individual
commitment to a personal retirement savings strategy.
SEC. 3. OUTREACH BY THE DEPARTMENT OF LABOR.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is
amended by adding at the end the following new section:
``outreach to promote retirement income savings
``Sec. 516. (a) In General.--The Secretary shall maintain an
ongoing program of outreach to the public designed to effectively
promote retirement income savings by the public.
``(b) Methods.--The Secretary shall carry out the requirements of
subsection (a) by means which shall ensure effective communication to
the public, including publication of public service announcements,
public meetings, creation of educational materials, and establishment
of a site on the Internet.
``(c) Information To Be Disseminated.--The information to be
disseminated by the Secretary as part of the program of outreach
required under subsection (a) shall include the following:
``(1) a description of the vehicles currently available to
individuals and employers for creating and maintaining
retirement income savings, specifically including information
explaining to employers, in simple terms, how to establish each
of the different retirement savings vehicles for their workers,
and
``(2) information regarding matters relevant to
establishing retirement income savings, such as--
``(A) the forms of retirement income savings,
``(B) the concept of compound interest,
``(C) the importance of commencing savings early in
life,
``(D) savings principles,
``(E) the importance of prudence and
diversification in investing,
``(F) the importance of the timing of investments,
and
``(G) the impact on retirement savings of life's
uncertainties, such as living beyond one's life
expectancy.
``(d) Establishment of Site on the Internet.--The Secretary shall
establish a permanent site on the Internet concerning retirement income
savings. The site shall contain at least the following information:
``(1) a means for individuals to calculate their estimated
retirement savings needs, based on their retirement income goal
as a percentage of their preretirement income;
``(2) a description in simple terms of the common types of
retirement income savings arrangements available to both
individuals and employers (specifically including small
employers), including information on the amount of money that
can be placed into a given vehicle, the tax treatment of the
money, the amount of accumulation possible through different
typical investment options and interest rate projections, and a
directory of resources of more descriptive information;
``(3) materials explaining to employers in simple terms how
to establish and maintain different retirement savings
arrangements for their workers and what the basic legal
requirements are under this Act and the Internal Revenue Code
of 1986;
``(4) copies of all educational materials developed by the
Department of Labor, and by other Federal agencies in
consultation with such Department, to promote retirement income
savings by workers and employers; and
``(5) links to other sites maintained on the Internet by
governmental agencies and nonprofit organizations that provide
additional detail on retirement income savings arrangements and
related topics on savings or investing.
``(e) Coordination.--The Secretary shall coordinate the outreach
program under this section with similar efforts undertaken by other
public and private entities.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act is amended by inserting after the item relating to section 514
the following new items:
``Sec. 515. Delinquent contributions.
``Sec. 516. Outreach to promote retirement income savings.''.
SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAVINGS.
(a) In General.--Part 5 of subtitle B of title I of the Employee
Retirement Income Security Act of 1974 (as amended by section 3 of this
Act) is amended further by adding at the end the following new section:
``national summit on retirement savings
``Sec. 517. (a) Authority To Call Summit.--Not later than June 1,
1998, the President shall convene a National Summit on Retirement
Income Savings at the White House, to be co-hosted by the President and
the Speaker and the Minority Leader of the House of Representatives and
the Majority Leader and Minority Leader of the Senate. Such a National
Summit shall be convened thereafter in 2001 and 2005 on or after
September 1 of each year involved. Such a National Summit shall--
``(1) advance the public's knowledge and understanding of
retirement savings and its critical importance to the future
well-being of American workers and their families;
``(2) facilitate the development of a broad-based, public
education program to encourage and enhance individual
commitment to a personal retirement savings strategy;
``(3) develop recommendations for additional research,
reforms in public policy, and actions in the field of
retirement income savings; and
``(4) disseminate the report of, and information obtained
by, the National Summit and exhibit materials and works of the
National Summit.
``(b) Planning and Direction.--The National Summit shall be planned
and conducted under the direction of the Secretary, in consultation
with, and with the assistance of, the heads of such other Federal
departments and agencies as the President may designate. Such
assistance may include the assignment of personnel. The Secretary
shall, in planning and conducting the National Summit, consult with the
congressional leaders specified in subsection (e)(2). The Secretary
shall also, in carrying out the Secretary's duties under this
subsection, consult and coordinate with at least one organization made
up of private sector businesses and associations partnered with
Government entities to promote long-term financial security in
retirement through savings (including for 1998, and thereafter as the
Secretary may deem appropriate, the American Savings Education
Council).
``(c) Purpose of National Summit.--The purpose of the National
Summit shall be--
``(1) to increase the public awareness of the value of
personal savings for retirement;
``(2) to advance the public's knowledge and understanding
of retirement savings and its critical importance to the future
well-being of American workers and their families;
``(3) to facilitate the development of a broad-based,
public education program to encourage and enhance individual
commitment to a personal retirement savings strategy;
``(4) to identify the problems which hinder workers from
setting aside adequate savings for retirement;
``(5) to identify the barriers which impede employers,
especially small employers, from assisting workers in
accumulating retirement savings;
``(6) to examine the impact and effectiveness of individual
employers to promote personal savings for retirement among
their workers and to promote participation in company savings
options;
``(7) to examine the impact and effectiveness of government
programs at the Federal, State, and local levels to promote
retirement income savings;
``(8) to develop such specific and comprehensive
recommendations for the legislative and executive branches of
the Government and for private sector action as may be
appropriate for promoting retirement income savings among
American workers; and
``(9) to develop recommendations for the coordination of
Federal, State, and local policies among the Federal, State,
and local levels of government and for the coordination of such
policies (including any solutions for Federal, State, and local
needs devised at the Federal, State, and local levels) with the
efforts of the private sector to meet such needs, and to
identify the appropriate authority and entities to implement
such recommendations.
``(d) Scope of National Summit.--The scope of the National Summit
shall consist of issues relating to individual and employer-based
retirement savings and shall not include issues relating to the old-
age, survivors, and disability insurance program under title II of the
Social Security Act.
``(e) National Summit Participants.--
``(1) In general.--To carry out the purposes of the
National Summit, the National Summit shall bring together--
``(A) professionals and other individuals working
in the fields of employee benefits and retirement
savings;
``(B) Members of Congress and officials in the
executive branch;
``(C) representatives of State and local
governments;
``(D) representatives of private sector
institutions, including individual employers, concerned
about promoting the issue of retirement savings and
facilitating savings among American workers; and
``(E) representatives of the general public.
``(2) Statutorily required participation.--The participants
in the National Summit shall include the following individuals
or their designees:
``(A) the Speaker and the Minority Leader of the
House of Representatives;
``(B) the Majority Leader and the Minority Leader
of the Senate;
``(C) the Chairman and ranking Member of the
Committee on Education and the Workforce of the House
of Representatives;
``(D) the Chairman and ranking Member of the
Committee on Labor and Human Resources of the Senate;
``(E) the Chairman and ranking Member of the
Special Committee on Aging of the Senate; and
``(F) the parties referred to in subsection (b).
``(3) Additional participants.--There shall be not more
than 400 additional participants. Of such additional
participants--
``(A) one-fourth shall be appointed by the Speaker
of the House of Representatives;
``(B) one-fourth shall be appointed by the Minority
Leader of the House of Representatives;
``(C) one-fourth shall be appointed by the Majority
Leader of the Senate; and
``(D) one-fourth shall be appointed by the Minority
Leader of the Senate.
Such remaining participants shall be selected without regard to
political affiliation or past partisan activity and shall be
representative of the diversity of thought in the fields of
employee benefits and retirement income savings.
``(4) Presiding officers.--The National Summit shall be
presided over equally by representatives of the executive and
legislative branches.
``(f) National Summit Administration.--
``(1) Administration.--In administering this section, the
Secretary shall--
``(A) request the cooperation and assistance of
such other Federal departments and agencies and other
parties referred to in subsection (b) as may be
appropriate in the carrying out of this section;
``(B) furnish all reasonable assistance, including
financial assistance, to State agencies, area agencies,
and other appropriate organizations to enable them to
organize and conduct conferences in conjunction with
the National Summit;
``(C) make available for public comment a proposed
agenda for the National Summit that reflects to the
greatest extent possible the purposes for the National
Summit set out in this section;
``(D) prepare and make available background
materials for the use of participants in the National
Summit that the Secretary considers necessary; and
``(E) appoint and fix the pay of such additional
personnel as may be necessary to carry out the
provisions of this section without regard to provisions
of title 5, United States Code, governing appointments
in the competitive service, and without regard to
chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule
pay rates.
``(2) Duties.--The Secretary shall, in carrying out the
responsibilities and functions of the Secretary under this
section, and as part of the National Summit, ensure that--
``(A) the National Summit shall be conducted in a
manner that ensures broad participation of Federal,
State, and local agencies and private organizations,
professionals, and others involved in retirement income
savings and provides a strong basis for assistance to
be provided under paragraph (1)(B);
``(B) the agenda prepared under paragraph (1)(C)
for the National Summit is published in the Federal
Register; and
``(C) the personnel appointed under paragraph
(1)(E) shall be fairly balanced in terms of points of
views represented and shall be appointed without regard
to political affiliation or previous partisan
activities.
``(g) Report.--The Secretary shall prepare a report describing the
activities of the National Summit and shall submit the report to the
President, the Speaker and Minority Leader of the House of
Representatives, the Majority and Minority Leaders of the Senate, and
the chief executive officers of the States not later than 90 days after
the date on which the National Summit is adjourned.
``(h) Definition.--For purposes of this section, the term `State'
means a State, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, the
Virgin Islands, American Samoa, and any other territory or possession
of the United States.
``(i) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
for fiscal years beginning on or after October 1, 1997, such
sums as are necessary to carry out this section.
``(2) Reliance on private contributions.--The Secretary may
accept private contributions, in the form of money, supplies,
or services, to defray the costs of the National Summit. The
Secretary shall ensure, to the extent practicable, that at
least one-half of the funds available to the Secretary for each
fiscal year to carry out the provisions of this section consist
of such private contributions.
``(j) Contracts.--The Secretary may enter into contracts to carry
out the Secretary's responsibilities under this section, but only to
the extent, or in such amounts, as are provided in advance in
appropriations Acts.''.
(b) Conforming Amendment.--The table of contents in section 1 of
such Act (as amended by section 3 of this Act) is amended further by
inserting after the item relating to section 516 the following new
item:
``Sec. 517. National Summit on Retirement Savings.''.
(c) Authorization of Appropriations for Fiscal Year 1998.--
Notwithstanding subsection (i) of section 517 of the Employee
Retirement Income Security Act of 1974 (added by this section), the
amount authorized to be appropriated for fiscal year 1998 to carry out
such section is an amount equal to $1,000,000. | Savings Are Vital to Everyone's Retirement Act of 1997 - Amends the Employee Retirement Income Security Act of 1974 to direct the Secretary of Labor to maintain an ongoing public outreach program to effectively promote retirement income savings by workers through: (1) public service announcements; (2) public meetings; (3) educational materials; and (4) a permanent site on the Internet. Requires such program to disseminate information including: (1) a description of the common types of retirement income savings arrangements available to both individuals and employers, including small businesses; (2) a means for individuals to calculate their estimated retirement savings needs; and (3) an explanation for employers of how to establish and maintain different retirement savings arrangements for their workers.
Directs the President to convene a National Summit on Retirement Savings no later than June 1, 1998, and again in September 2001 and September 2005. Authorizes appropriations. | {"src": "billsum_train", "title": "Savings Are Vital to Everyone's Retirement Act of 1997"} | 3,296 | 185 | 0.576805 | 1.678228 | 0.933214 | 3.38764 | 18.38764 | 0.938202 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``College Student Relief Act of
2007''.
SEC. 2. INTEREST RATE REDUCTIONS.
(a) FFEL Interest Rates.--
(1) Section 427A(l) of the Higher Education Act of 1965 (20
U.S.C. 1077a(l)) is amended by adding at the end the following
new paragraph:
``(4) Reduced rates for undergraduate subsidized loans.--
Notwithstanding subsection (h) and paragraph (1) of this
subsection, with respect to any loan to an undergraduate
student made, insured, or guaranteed under this part (other
than a loan made pursuant to section 428B, 428C, or 428H) for
which the first disbursement is made on or after July 1, 2006,
and before January 1, 2012, the applicable rate of interest
shall be as follows:
``(A) For a loan for which the first disbursement
is made on or after July 1, 2006, and before July 1,
2007, 6.80 percent on the unpaid principal balance of
the loan.
``(B) For a loan for which the first disbursement
is made on or after July 1, 2007, and before July 1,
2008, 6.12 percent on the unpaid principal balance of
the loan.
``(C) For a loan for which the first disbursement
is made on or after July 1, 2008, and before July 1,
2009, 5.44 percent on the unpaid principal balance of
the loan.
``(D) For a loan for which the first disbursement
is made on or after July 1, 2009, and before July 1,
2010, 4.76 percent on the unpaid principal balance of
the loan.
``(E) For a loan for which the first disbursement
is made on or after July 1, 2010, and before July 1,
2011, 4.08 percent on the unpaid principal balance of
the loan.
``(F) For a loan for which the first disbursement
is made on or after July 1, 2011, and before January 1,
2012, 3.40 percent on the unpaid principal balance of
the loan.''.
(2) Special allowance cross reference.--Section
438(b)(2)(I)(ii)(II) of such Act is amended by striking
``section 427A(l)(1)'' and inserting ``section 427A(l)(1) or
(l)(4)''.
(b) Direct Loan Interest Rates.--Section 455(b)(7) of the Higher
Education Act of 1965 (20 U.S.C. 1087e(b)(7)) is amended by adding at
the end the following new subparagraph:
``(D) Reduced rates for undergraduate fdsl.--
Notwithstanding the preceding paragraphs of this
subsection, for Federal Direct Stafford Loans made to
undergraduate students for which the first disbursement
is made on or after July 1, 2006, and before January 1,
2012, the applicable rate of interest shall be as
follows:
``(i) For a loan for which the first
disbursement is made on or after July 1, 2006,
and before July 1, 2007, 6.80 percent on the
unpaid principal balance of the loan.
``(ii) For a loan for which the first
disbursement is made on or after July 1, 2007,
and before July 1, 2008, 6.12 percent on the
unpaid principal balance of the loan.
``(iii) For a loan for which the first
disbursement is made on or after July 1, 2008,
and before July 1, 2009, 5.44 percent on the
unpaid principal balance of the loan.
``(iv) For a loan for which the first
disbursement is made on or after July 1, 2009,
and before July 1, 2010, 4.76 percent on the
unpaid principal balance of the loan.
``(v) For a loan for which the first
disbursement is made on or after July 1, 2010,
and before July 1, 2011, 4.08 percent on the
unpaid principal balance of the loan.
``(vi) For a loan for which the first
disbursement is made on or after July 1, 2011,
and before January 1, 2012, 3.40 percent on the
unpaid principal balance of the loan.''.
SEC. 3. REDUCTION OF LENDER INSURANCE PERCENTAGE.
(a) Amendment.--Subparagraph (G) of section 428(b)(1) of the Higher
Education Act of 1965 (20 U.S.C. 1078(b)(1)(G)) is amended to read as
follows:
``(G) insures 95 percent of the unpaid principal of
loans insured under the program, except that--
``(i) such program shall insure 100 percent
of the unpaid principal of loans made with
funds advanced pursuant to section 428(j) or
439(q); and
``(ii) notwithstanding the preceding
provisions of this subparagraph, such program
shall insure 100 percent of the unpaid
principal amount of exempt claims as defined in
subsection (c)(1)(G);''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to loans made on or after July 1, 2007.
SEC. 4. GUARANTEE AGENCY COLLECTION RETENTION.
Clause (ii) of section 428(c)(6)(A) of the Higher Education Act of
1965 (20 U.S.C. 1078(c)(6)(A)(ii)) is amended to read as follows:
``(ii) an amount equal to 24 percent of
such payments for use in accordance with
section 422B, except that--
``(I) beginning October 1, 2003 and
ending September 30, 2007, this
subparagraph shall be applied by
substituting `23 percent' for `24
percent';
``(II) beginning October 1, 2007
and ending September 30, 2008, this
subparagraph shall be applied by
substituting `20 percent' for `24
percent';
``(III) beginning October 1, 2008
and ending September 30, 2010, this
subparagraph shall be applied by
substituting `18 percent' for `24
percent'; and
``(IV) beginning October 1, 2010,
this subparagraph shall be applied by
substituting for `24 percent' a
percentage determined in accordance
with the regulations of the Secretary
and equal to the average rate paid to
collection agencies that have contracts
with the Secretary.''.
SEC. 5. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR LENDERS.
(a) Elimination of Status.--Part B of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1071 et seq.) is amended by striking
section 428I (20 U.S.C. 1078-9).
(b) Conforming Amendments.--Part B of title IV of such Act is
further amended--
(1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H)
as subparagraphs (D) through (G), respectively; and
(2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by
striking the matter following subparagraph (B).
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect on July 1, 2007.
SEC. 6. REDUCTION OF LENDER SPECIAL ALLOWANCE PAYMENTS.
Section 438(b)(2)(I) of the Higher Education Act of 1965 (20 U.S.C.
1087-1(b)(2)(I)) is amended by adding at the end the following new
clauses:
``(vi) Reduction for loans disbursed on or
after july 1, 2007.--With respect to a loan on
which the applicable interest rate is
determined under section 427A(l) and for which
the first disbursement of principal is made on
or after July 1, 2007, the special allowance
payment computed pursuant to this subparagraph
shall be computed--
``(I) by substituting `2.24
percent' for `2.34 percent' each place
it appears in this subparagraph;
``(II) by substituting `1.64
percent' for `1.74 percent' in clause
(ii); and
``(III) by substituting `2.54
percent' for `2.64 percent' each place
it appears in clauses (iii) and (iv).
``(vii) Smaller lender exemption.--Clause
(vi) shall not apply to the calculation of the
special allowance payment with respect to any
3-month period for any holder of eligible loans
that, together with its affiliated holders, is
designated by the Secretary as a small lender.
``(viii) Designation of small lenders.--In
determining which holders of eligible loans
qualify for the exemption provided under clause
(vii), the Secretary shall, using the most
recently available data with respect to the
total principal amount of eligible loans held
by holders--
``(I) rank all holders of eligible
loans in descending order by total
principal amount of eligible loans
held;
``(II) calculate the total
principal amount of eligible loans held
by all holders; and
``(III) identify the subset of
consecutively ranked holders under
subclause (I), starting with the lowest
ranked holder, that together hold a
total principal amount of such loans
equal to 10 percent of the total amount
calculated under subclause (II), but
excluding the holder, if any, whose
holdings when added cause the total
holdings of the subset to both equal
and then exceed such 10 percent of such
total amount calculated; and
``(IV) designate as small lenders
any holder identified as a member of
the subset under subclause (III).''.
SEC. 7. INCREASED LOAN FEES FROM LENDERS.
Paragraph (2) of section 438(d) of the Higher Education Act of 1965
(20 U.S.C. 1087-1(d)(2)) is amended to read as follows:
``(2) Amount of loan fees.--The amount of the loan fee
which shall be deducted under paragraph (1), but which may not
be collected from the borrower, shall be equal to--
``(A) 0.50 percent of the principal amount of the
loan with respect to any loan under this part for which
the first disbursement was made on or after October 1,
1993, and before July 1, 2007; and
``(B) 1.0 percent of the principal amount of the
loan with respect to any loan under this part for which
the first disbursement was made on or after July 1,
2007.''.
SEC. 8. INTEREST PAYMENT REBATE FEE.
Section 428C(f)(2) of the Higher Education Act of 1965 (20 U.S.C.
1078-2(f)(2)) is amended--
(1) by striking ``Special rule--'' and inserting ``Special
rules--(A)''; and
(2) by adding at the end the following new subparagraph:
``(B) For consolidation loans based on applications
received on or after July 1, 2007, if 90 percent or more of the
total principal and accrued unpaid interest outstanding on the
loans held, directly or indirectly, by any holder is comprised
of principal and accrued unpaid interest owed on consolidation
loans, the rebate described in paragraph (1) for such
holder shall be equal to 1.30 percent of the principal plus accrued
unpaid interest on such loans.''.
Passed the House of Representatives January 17, 2007.
Attest:
KAREN L. HAAS,
Clerk. | College Student Relief Act of 2007 - Amends the Higher Education Act of 1965 to phase-in cuts in the interest rate charged undergraduate student borrowers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs, thereby reducing such rate from 6.8% in July 2006 to 3.4% in July 2011.
Limits FFEL lender insurance to 95% of the unpaid balance of such loans. (Currently, 97% of a FFEL issued after June 2006 is federally-insured.)
Provides for graduated reductions in the percentage of defaulted FFEL loan collections a guaranty agency is allowed to retain until, beginning in October 2010, it is equal to the average rate paid to collection agencies that have contracts with the Secretary of Education.
Eliminates exceptional performer status for lenders, servicers, and guaranty agencies, which rewards such entities for high due diligence in FFEL collection.
Reduces special allowance payments made to FFEL lenders to compensate them for the difference between FFEL interest rates and market rates. Exempts small lenders from such reduction.
Increases the loan fee charged FFEL lenders from .5% to 1% of the principal amount of loans disbursed after June 2007. Prohibits its collection from borrowers.
Increases, after June 2007, the rebate fee charged a holder of FFEL consolidated loans, provided that at least 90% of the total principal and accrued unpaid interest outstanding on loans held by such holder are such loans. | {"src": "billsum_train", "title": "To amend the Higher Education Act of 1965 to reduce interest rates for student borrowers."} | 2,622 | 328 | 0.531557 | 1.715873 | 0.694442 | 1.845588 | 8.511029 | 0.779412 |
SECTION 1. OFFICE OF ASSISTANT SECRETARY FOR INDIAN HEALTH.
(a) Establishment.--There is established within the Department of
Health and Human Services the Office of the Assistant Secretary for
Indian Health in order to, in a manner consistent with the government-
to-government relationship between the United States and Indian
tribes--
(1) facilitate advocacy for the development of appropriate
Indian health policy; and
(2) promote consultation on matters related to Indian
health.
(b) Assistant Secretary for Indian Health.--In addition to the
functions performed on the date of enactment of this Act by the
Director of the Indian Health Service, the Assistant Secretary for
Indian Health shall perform such functions as the Secretary of Health
and Human Services may designate. The Assistant Secretary for Indian
Health shall--
(1) report directly to the Secretary concerning all policy-
and budget-related matters affecting Indian health;
(2) collaborate with the Assistant Secretary for Health
concerning appropriate matters of Indian health that affect the
agencies of the Public Health Service;
(3) advise each Assistant Secretary of the Department of
Health and Human Services concerning matters of Indian health
with respect to which that Assistant Secretary has authority
and responsibility;
(4) advise the heads of other agencies and programs of the
Department of Health and Human Services concerning matters of
Indian health with respect to which those heads have authority
and responsibility; and
(5) coordinate the activities of the Department of Health
and Human Services concerning matters of Indian health.
(c) References.--Reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Director of the Indian Health Service shall be
deemed to refer to the Assistant Secretary for Indian Health.
(d) Rate of Pay.--
(1) Positions at level iv.--Section 5315 of title 5, United
States Code, is amended by striking the following: ``Assistant
Secretaries of Health and Human Services (6).'' and inserting
``Assistant Secretaries of Health and Human Services (7).''.
(2) Positions at level v.--Section 5316 of such title is
amended by striking the following: ``Director, Indian Health
Service, Department of Health and Human Services.''.
(e) Duties of Assistant Secretary for Indian Health.--Section 601
of the Indian Health Care Improvement Act (25 U.S.C. 1661) is amended
in subsection (a)--
(1) by inserting ``(1)'' after ``(a)'';
(2) in the second sentence of paragraph (1), as so
designated, by striking ``a Director,'' and inserting ``the
Assistant Secretary for Indian Health,''; and
(3) by striking the third sentence of paragraph (1), as so
designated, and all that follows through the end of the
subsection (a) of such section and inserting the following:
``The Assistant Secretary for Indian Health shall carry out the
duties specified in paragraph (2).
``(2) The Assistant Secretary for Indian Health shall--
``(A) report directly to the Secretary concerning all
policy- and budget-related matters affecting Indian health;
``(B) collaborate with the Assistant Secretary for Health
concerning appropriate matters of Indian health that affect the
agencies of the Public Health Service;
``(C) advise each Assistant Secretary of the Department of
Health and Human Services concerning matters of Indian health
with respect to which that Assistant Secretary has authority
and responsibility;
``(D) advise the heads of other agencies and programs of
the Department of Health and Human Services concerning matters
of Indian health with respect to which those heads have
authority and responsibility; and
``(E) coordinate the activities of the Department of Health
and Human Services concerning matters of Indian health.''.
(f) Continued Service by Incumbent.--The individual serving in the
position of Director of the Indian Health Service on the date preceding
the date of enactment of this Act may serve as Assistant Secretary for
Indian Health, at the pleasure of the President after the date of
enactment of this Act.
(g) Conforming Amendments.--
(1) Amendments to indian health care improvement act.--The
Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.) is
amended--
(A) in section 601--
(i) in subsection (c), by striking
``Director of the Indian Health Service'' both
places it appears and inserting ``Assistant
Secretary for Indian Health''; and
(ii) in subsection (d), by striking
``Director of the Indian Health Service'' and
inserting ``Assistant Secretary for Indian
Health''; and
(B) in section 816(c)(1), by striking ``Director of
the Indian Health Service'' and inserting ``Assistant
Secretary for Indian Health''.
(2) Amendments to other provisions of law.--The following
provisions are each amended by striking ``Director of the
Indian Health Service'' each place it appears and inserting
``Assistant Secretary for Indian Health'':
(A) Section 203(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 761b(a)(1)).
(B) Subsections (b) and (e) of section 518 of the
Federal Water Pollution Control Act (33 U.S.C. 1377 (b)
and (e)).
(C) Section 803B(d)(1) of the Native American
Programs Act of 1974 (42 U.S.C. 2991b-2(d)(1)). | Establishes within the Department of Health and Human Services (HHS) the Office of the Assistant Secretary for Indian Health to: (1) facilitate advocacy for the development of appropriate Indian health policy; and (2) promote consultation on matters related to Indian health. Requires such Assistant Secretary to perform the functions currently performed by the Director of the Indian Health Service, as well as certain additional HHS advisory and coordinating services in Indian health matters. | {"src": "billsum_train", "title": "To elevate the position of Director of the Indian Health Service within the Department of Health and Human Services to Assistant Secretary for Indian Health, and for other purposes."} | 1,214 | 89 | 0.685664 | 1.529922 | 1.088896 | 4.588235 | 13.282353 | 0.870588 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EMP Weapons Accountability
Assessment Act''.
SEC. 2. REPORT ON FOREIGN DEVELOPMENT OF ELECTROMAGNETIC PULSE WEAPONS.
(a) In General.--The Director of National Intelligence shall submit
to the appropriate congressional committees a report--
(1) on the research, development, testing, and deployment
programs of foreign countries relating to--
(A) electromagnetic pulse weapons;
(B) delivery systems for EMP weapons; and
(C) platforms for carrying EMP weapons delivery
systems; and
(2) that identifies each foreign country that is pursuing
an EMP weapons program, including the means of delivery and the
platforms, and describes the scope of such program.
(b) Contents.--The report required under subsection (a) shall
include, with respect to each country identified in subsection (a)(2)
the following:
(1) An estimate of when the EMP weapon program began.
(2) An estimate of the scope of such program.
(3) A description of the technical characteristics of the
weapons that are being pursued under such program.
(4) A description of how far such program has advanced.
(5) A description of any sources of assistance with respect
to EMP weapons provided to or by such country and, in the case
of assistance provided by such country, a description of to
whom such assistance was provided.
(6) An assessment of how EMP weapons have been or are being
incorporated into the national security and military strategies
of such country, with a specific focus on whether such
strategies assume that an EMP weapons attack can achieve
effects similar to a direct nuclear attack, but not be subject
to the deterrence calculations normally applied to nuclear
weapons.
(7) A description of what kind of tests such country has
conducted with delivery systems, including ballistic missiles
and satellite launch vehicles, that demonstrate the capability
to deliver EMP weapons.
(8) An assessment of whether such country is conducting
research and development on the effects of EMP weapons,
including whether such country is assessing the vulnerabilities
of such country to EMP weapons and the ability of such country
to survive an attack making use of EMP weapons.
(9) An assessment of whether such country has tested an EMP
delivery system from a platform (including a ship or aircraft)
that could serve to expedite the achievement of an active EMP
weapons capability against the United States.
(10) An assessment of whether such country perceives the
United States to be particularly vulnerable to an EMP weapons
attack.
(11) A description of the elements of the research,
development, test, and deployment program for EMP weapons of
such country, if any, that are designed as countermeasures to
defensive options for defeating EMP weapons attacks.
(c) References to Other Reports.--The report submitted under
subsection (a) shall include a copy of any other report that is
incorporated by reference into the report submitted under subsection
(a).
(d) Unclassified Summary.--The report submitted under subsection
(a) shall include an unclassified summary of such report.
(e) Submission to Congress.--
(1) In general.--Except as provided in paragraph (2), the
Director of National Intelligence shall submit to the
appropriate congressional committees the first report required
under subsection (a) not later than 180 days after the date of
the enactment of this Act.
(2) Notification of delay in submission.--If the Director
of National Intelligence determines that it will not be
possible for the Director to submit the report required under
subsection (a) by the date required under paragraph (1), the
Director shall, not later than 30 days prior to the expiration
of the 180-day period beginning on the date of the enactment of
this Act, submit to the appropriate congressional committees a
notice--
(A) that such report will not be submitted by the
date required under paragraph (1); and
(B) setting forth the date by which the Director
will submit such report.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence
and the Committee on Armed Services of the House of
Representatives; and
(B) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate.
(2) Delivery system.--The term ``delivery system'' means
any means for placing an EMP weapon in a location where the
explosion of the weapon will have an intended damaging impact
on electrical power systems, electronics, information systems,
and other infrastructure that depends on such systems.
(3) Electromagnetic pulse weapon.--The terms
``electromagnetic pulse weapon'' and ``EMP weapon'' mean an
explosive weapon that generates electromagnetic fields that
have a high likelihood of damaging electrical power systems,
electronics, information systems, and other infrastructure that
depends on such systems.
(4) Platform.--The term ``platform'' means any system
capable of serving as the launch point of an EMP weapon
delivery system. | EMP Weapons Accountability Assessment Act - Requires the Director of National Intelligence to report to the congressional intelligence and defense committees on the research, development, testing, and deployment programs of foreign countries relating to electromagnetic pulse (EMP) weapons and associated delivery systems and platforms. Directs that such report identify each country pursuing an EMP weapons program and describe the scope of each such program. | {"src": "billsum_train", "title": "To require the Director of National Intelligence to submit a report on the foreign development of electromagnetic pulse weapons."} | 1,097 | 87 | 0.654275 | 1.737876 | 1.343371 | 3.28169 | 14.690141 | 0.915493 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Influenza Containment
Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure that American workers are able
to follow, without financial harm, the recommendations of their
employer and public health authorities to stay home when they have
symptoms of a contagious disease that may put co-workers, customers, or
the public at risk.
SEC. 3. PAID SICK LEAVE REQUIREMENT.
(a) In General.--An employer who directs an employee to leave work
or not to come in to work because the employer believes the employee
has symptoms of a contagious illness, or has been in close contact with
an individual who has symptoms of a contagious illness, shall provide
paid sick leave to the employee for each workday (or portion thereof)
the employee complies with such direction, up to a maximum of 5
workdays per 12-month period.
(b) Employee Compliance With Employer Direction.--An employee shall
be considered to be in compliance with an employer's direction to leave
work or not come in to work if the employee leaves work or does not
come in to work when the employer instructs or advises the employee to
do so because the employer believes that the employee--
(1) has symptoms of a contagious illness; or
(2) has been in close contact with an individual who has
symptoms of a contagious illness.
(c) Duration of Leave.--
(1) In general.--An employee shall be provided paid sick
leave (as calculated in accordance with paragraph (2)) by the
employer of the employee for each workday (or portion thereof)
the employee complies with the employer's direction to leave
work or not come in to work, up to a maximum of 5 days per 12-
month period.
(2) Calculation of paid sick leave.--
(A) Calculation.--The amount of paid sick leave
shall be calculated based on the employee's regular
rate of pay and the number of hours the employee would
otherwise be normally scheduled to work.
(B) Guidelines.--The Secretary of Labor shall issue
guidelines to assist employers in calculating the
amount of paid sick leave under subparagraph (A).
(3) Reasonable notice.--After the first workday (or portion
thereof) an employee receives paid sick leave under this Act,
an employer may require the employee to follow reasonable
notice procedures in order to continue receiving such paid sick
leave.
(4) Employer's termination of paid sick leave.--Paid sick
leave provided to an employee under this Act shall cease
beginning with the employee's next scheduled workshift
immediately following notification by the employer to the
employee that the employer believes the employee no longer has
symptoms of a contagious illness or poses a threat of contagion
to other employees of the employer or to the public.
SEC. 4. NOTICE.
Each employer shall post and keep posted, in conspicuous places on
the premises of the employer where notices to employees are customarily
posted, a notice, to be prepared or approved by the Secretary of Labor
of the requirements described in this Act.
SEC. 5. PROHIBITED ACTS.
It shall be unlawful for any employer to discharge, discipline, or
in any other manner discriminate against any employee who--
(1) complies, in accordance with this Act, with an
employer's direction to leave work or not come in to work; or
(2) has filed any complaint or instituted or caused to be
instituted any proceeding under or related to this Act
(including a proceeding that seeks enforcement of this Act), or
has testified or is about to testify in any such proceeding.
SEC. 6. ENFORCEMENT.
(a) Unpaid Sick Leave.--An employer who fails to pay sick leave in
violation of this Act shall--
(1) be considered to have failed to pay minimum wages in
violation of section 6 of the Fair Labor Standards Act of 1938
(29 U.S.C. 206); and
(2) be subject to the penalties described in section 16 of
such Act (29 U.S.C. 216) with respect to such violation.
(b) Unlawful Termination.--An employer who willfully violates
section 5(2) shall--
(1) be considered to be in violation of section 15(a)(3) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)); and
(2) be subject to the penalty described in section 16(a) of
such Act (29 U.S.C. 216(a)) with respect to such violation.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to in any way diminish the
rights or benefits that an employee is entitled to under any--
(1) other Federal, State, or local law;
(2) collective bargaining agreement; or
(3) existing employer policy.
SEC. 8. EFFECTIVE DATE.
This Act, and the requirements under this Act, shall be effective
not later than 15 days after the date of enactment of this Act.
SEC. 9. SUNSET.
This Act, and the requirements under this Act, shall expire 2 years
after the effective date of this Act.
SEC. 10. DEFINITIONS.
For purposes of the Act:
(1) Contagious illness.--The term ``contagious illness''
includes influenza-like-illnesses such as the novel H1N1 virus.
(2) Employ; employee.--The terms ``employ'' and
``employee'' have the same meanings given such terms in
subsections (e) and (g) of section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203 (e) and (g)).
(3) Employer.--The term ``employer'' has the meaning given
such term in section 3(d) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(d)), except that the term does not include
an employer who--
(A) employs fewer than 15 employees; or
(B) with respect to an employee being directed to
leave work or not come in to work, provides such
employee with at least 5 days of paid sick leave per
12-month period that may be used at such employee's
discretion. | Emergency Influenza Containment Act - Declares that it is the purpose of this Act to ensure that American workers are allowed to follow, without financial harm, employer and public health authority recommendations to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk.
Requires an employer to provide paid sick leave to an employee for each workday, or portion of workday, that the employer directs the employee to leave work, or not come in to work, because the employee has symptoms of a contagious illness, or has been in close contact with an individual who has such symptoms. Limits paid sick leave up to a maximum of 5 days per 12-month period.
Makes it unlawful for an employer to discharge, discipline, or otherwise discriminate against an employee who: (1) complies with this Act; or (2) has filed a complaint or instituted a proceeding under this Act, or has testified or is about to testify in such a proceeding.
Subjects an employer to certain penalties for unpaid sick leave to, or unlawful termination of, an employee. | {"src": "billsum_train", "title": "To ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they have symptoms of a contagious disease that may put co-workers, customers, or the public at risk."} | 1,387 | 244 | 0.729924 | 2.24352 | 0.860314 | 5.046083 | 5.78341 | 0.963134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Access to Rides Act''.
SEC. 2. GRANTS FOR LOW-INCOME CAR OWNERSHIP PROGRAMS.
(a) In General.--Section 403(a) of the Social Security Act (42
U.S.C. 603(a)) is amended by adding at the end the following:
``(6) Grants for low-income car ownership programs.--
``(A) Purposes.--The purposes of this paragraph are
to--
``(i) assist low-income families obtain
dependable, affordable automobiles to improve
their employment opportunities and access to
training; and
``(ii) provide incentives to States, Indian
tribes or tribal organizations, localities, and
nonprofit entities to develop and administer
programs that provide assistance with
automobile ownership for low-income families.
``(B) Definitions.--In this paragraph:
``(i) Locality.--The term `locality' means
a municipality that does not administer a State
program funded under this part.
``(ii) Low-income families.--The term `low-
income families' means families with total
income of not more than 200 percent of the
poverty line (as defined in section 673(2) of
the Omnibus Budget Reconciliation Act of 1981,
including any revision required by such section
applicable to a family of the size involved).
``(iii) Nonprofit entity.--The term
`nonprofit entity' means a school, local
agency, organization, or institution owned and
operated by 1 or more nonprofit corporations or
associations, no part of the net earnings of
which inures, or may lawfully inure, to the
benefit of any private shareholder or
individual.
``(C) Authority to award grants.--The Secretary may
award grants to States, counties, localities, Indian
tribes or tribal organizations, and nonprofit entities
to promote improving access to dependable, affordable
automobiles by low-income families.
``(D) Grant approval criteria.--The Secretary shall
establish criteria for approval of an application for a
grant under this paragraph that include consideration
of--
``(i) the extent to which the proposal, if
funded, is likely to improve access to training
and employment opportunities and child care
services by low-income families by means of car
ownership;
``(ii) the level of innovation in the
applicant's grant proposal; and
``(iii) any partnerships between the public
and private sector in the applicant's grant
proposal.
``(E) Use of funds.--
``(i) In general.--A grant awarded under
this paragraph shall be used to administer
programs that assist low-income families with
dependable automobile ownership, and
maintenance of, or insurance for, the purchased
automobile.
``(ii) Supplement not supplant.--Funds
provided to a State, Indian tribe or tribal
organization, county, or locality under a grant
awarded under this paragraph shall be used to
supplement and not supplant other State,
county, or local public funds expended for car
ownership programs.
``(iii) General rules governing use of
funds.--The rules of section 404, other than
subsection (b) of that section, shall not apply
to a grant made under this paragraph.
``(iv) Rule of interpretation.--For
purposes of any requirement, limitation, or
prohibition imposed on an individual or family
by or pursuant to this part, assistance
provided to a low-income family pursuant to a
program referred to in clause (i) shall not be
considered assistance under a State program
funded under this part.
``(F) Application.--Each applicant desiring a grant
under this paragraph shall submit an application to the
Secretary at such time, in such manner, and accompanied
by such information as the Secretary may reasonably
require.
``(G) Reversion of funds.--Any funds paid from to a
grant made under this paragraph that are not expended
within 3 years after the date the grant is awarded
shall be available for redistribution among other
grantees in such manner and amount as the Secretary may
determine, unless the Secretary extends by regulation
the time period to expend the funds.
``(H) Limitation on administrative costs of the
secretary.--Not more than an amount equal to 5 percent
of the funds appropriated to make grants under this
paragraph for a fiscal year shall be expended for
administrative costs of the Secretary in carrying out
this paragraph.
``(I) Evaluation.--The Secretary shall, by grant,
contract, or interagency agreement, conduct an
evaluation of the programs administered with grants
awarded under this paragraph.
``(J) Limitations on authorization of
appropriations.--There are authorized to be
appropriated to the Secretary for grants under this
paragraph $50,000,000 for each of fiscal years 2006
through 2010.''.
(b) Authority to Use Funds in Individual Development Accounts for
Car Ownership, Maintenance, and Insurance.--
(1) Accounts established under the tanf program.--
(A) Additional qualified purpose for use of
funds.--Section 404(h)(2)(B) of the Social Security Act
(42 U.S.C. 604(h)(2)(B)) is amended by adding at the
end the following:
``(iv) Qualified automotive expenditures.--
Qualified automotive expenditures paid from an
individual development account directly to the
persons to whom the amounts are due.''.
(B) Definition.--Section 404(h)(5) of the Social
Security Act (42 U.S.C. 604(h)(5)) is amended by adding
at the end the following:
``(J) Qualified automotive expenditures.--The term
`qualified automotive expenditures' means expenditures
for the purchase or maintenance of an automobile, or
for insurance for an automobile.''.
(2) Accounts established under the assets for independence
program.--Section 404(8) of the Assets for Independence Act (42
U.S.C. 604 note) is amended by adding at the end the following:
``(E) Qualified automotive expenditures.--
``(i) In general.--Qualified automotive
expenditures paid from an individual
development account directly to the persons to
whom the amounts are due.
``(ii) Definition.--In clause (i), the term
`qualified automotive expenditures' means
expenditures for the purchase or maintenance of
an automobile, or for insurance for an
automobile.''. | Creating Access to Rides Act - Amends title IV (Temporary Assistance for Needy Families) (TANF) of the Social Security Act to authorize the Secretary of Health and Human Serivces to award grants to States, counties, localities, Indian tribes or tribal organizations, and nonprofit entities to promote programs that provide assistance with ownership by low-income families of dependable, affordable automobiles to improve their employment opportunities and access to training.
Authorizes the use of funds in TANF individual development accounts for automobile ownership, maintenance, and insurance. | {"src": "billsum_train", "title": "To authorize the Secretary of Health and Human Services to make grants to improve access to dependable, affordable automobiles by low-income families."} | 1,456 | 120 | 0.567676 | 1.456323 | 0.640709 | 4.06 | 12.78 | 0.92 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Handgun Purchaser Licensing Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) In 2013, more than 33,000 Americans were killed by guns
and almost 90 percent of the firearms used in these deaths were
handguns.
(2) Recently published research by top national experts,
notably on Missouri and Connecticut handgun purchaser licensing
laws, have estimated that Missouri's repeal of its handgun
purchaser licensing law led to a 25-percent increase in firearm
homicide rates while Connecticut's adoption of its handgun
purchaser licensing law led to a 40-percent decrease in firearm
homicide rates.
(3) In States which have had effective handgun purchaser
licensing laws for decades, such as Connecticut, Massachusetts,
New Jersey, and New York, the vast majority of guns traced to
crimes originated in other States, which supports the need for
handgun purchaser licensing laws in every State.
SEC. 3. DEFINITIONS.
In this Act--
(1) the terms ``Attorney General'' and ``handgun'' have the
meanings given those terms in section 921(a) of title 18,
United States Code; and
(2) the term ``Indian tribe'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
SEC. 4. GRANT PROGRAM AUTHORIZED FOR HANDGUN LICENSING.
(a) In General.--The Attorney General is authorized to award grants
to States, units of local government, and Indian tribes for the
development, implementation, and evaluation of handgun purchaser
licensing requirements.
(b) Program Authorized.--From the amounts appropriated to carry out
this Act and not later than 90 days after such amounts are
appropriated, the Attorney General shall award grants, on a competitive
basis, to eligible applicants whose applications are approved under
subsection (c) to assist such applicants in implementing and improving
handgun purchaser licensing programs.
(c) Application.--To be eligible to receive a grant under this Act,
a State, unit of local government, or Indian tribe shall submit to the
Attorney General an application at such time, in such manner, and
containing such information as the Attorney General may require,
including--
(1) a description of the law that the applicant has enacted
to require a license for any purchase of a handgun including a
description of any exemptions to such law; and
(2) a description of how the applicant will use the grant
to carry out or improve its handgun purchaser licensing
program.
(d) Eligibility Requirements.--To be eligible for a grant under
this Act, an applicant shall have in effect handgun purchaser licensing
laws that--
(1) require--
(A) an individual applying for a handgun license or
permit to be at least 21 years old and be a national or
lawful permanent resident of the United States;
(B) an individual described in subparagraph (A) to
apply for the handgun purchaser license or permit at a
law enforcement agency in the State in which the
individual resides;
(C) an individual who is issued a handgun license
or permit to reapply for the handgun purchaser license
or permit after a period not longer than 5 years;
(D) an individual described in subparagraph (A) to
submit to a background investigation, and a criminal
history check, in connection with the application, as
established by the State;
(E) an individual described in subparagraph (A) to
submit fingerprints and photographs in connection with
the application for the license or permit; and
(F) an individual described in subparagraph (A) to
provide--
(i) proof that the individual is legally
present and lawfully resides in the United
States, including a birth certificate, or valid
passport; and
(ii)(I) in the case of a lawful permanent
resident, the alien registration number and 90-
day proof of residency; or
(II) in the case of a naturalized citizen,
proof of citizenship; and
(2) prohibit an individual who is prohibited from
possessing a firearm under section 922(g) of title 18, United
States Code, from receiving a license or permit.
(e) Use of Funds.--A grantee under this Act shall use such grant to
improve handgun purchaser licensing programs of that grantee.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General
such sums as may be necessary to carry out this Act. | Handgun Purchaser Licensing Act Authorizes the Attorney General to award grants to states, units of local government, and Indian tribes for the development, implementation, and evaluation of handgun purchaser licensing requirements. Directs the Attorney General to award grants, on a competitive basis, to eligible applicants whose applications are approved to assist them in implementing and improving handgun purchaser licensing programs. Directs a state, local government, or tribe, to be eligible to receive a grant, to submit to the Attorney General an application that meets specified requirements, including a description of: (1) the law that the applicant has enacted to require a license for any purchase of a handgun, including exemptions to such law; and (2) how the applicant will use the grant to carry out or improve its program. Requires an applicant, to be eligible for a grant, to have in effect handgun purchaser licensing laws that: require an applicant for a handgun license or permit to be at least 21 years old and to be a national or lawful permanent resident of the United States; require such an individual to apply for the license or permit at a law enforcement agency in the state in which he or she resides, to reapply for an issued license after a period not longer than five years, and to submit to a background investigation and a criminal history check; require such an individual to submit fingerprints and photographs in connection with the application and to provide proof that the individual is legally present and lawfully resides in the United States; and bar any individual who is prohibited from possessing a firearm under the federal criminal code from receiving a license or permit. Requires a grantee to use such grant to improve its handgun purchaser licensing programs. | {"src": "billsum_train", "title": "Handgun Purchaser Licensing Act"} | 1,014 | 378 | 0.648368 | 2.098753 | 0.929716 | 4.926606 | 2.828746 | 0.95107 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transition to Adulthood Program Act
of 1999''.
SEC. 2. TRANSITION OF FOSTER CHILDREN TO SELF-SUFFICIENCY.
(a) In General.--Section 472 of the Social Security Act (42 U.S.C.
672) is amended by adding at the end the following:
``(i) Each State with a plan approved under this part may make
foster care maintenance payments (as defined in section 475(4)) under
this part with respect to a child who has not attained 21 years of age
and who would otherwise be ineligible for such payments by reason of
age, but only if the child--
``(1) is--
``(A) in the process of completing secondary
education;
``(B) enrolled in an institution that provides
postsecondary education or vocational training; or
``(C) employed for at least 80 hours per month; and
``(2) has a case plan which includes a specific plan for
how the child will achieve independent living, and which
provides for the child to reside in a setting that promotes
personal responsibility and encourages self-sufficiency.''.
(b) Provision of Nonresidential Services To Assist in the
Transition to Independent Adult Living.--Section 475(4)(A) of such Act
(42 U.S.C. 675(4)(A)) is amended by adding at the end the following:
``In the case of a child described in section 472(i), such term shall
also include payments with respect to the child for programs designed
to promote the education, training, or employment of the child.''.
(c) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999.
SEC. 3. QUALIFIED FORMER FOSTER CARE RECIPIENTS ESTABLISHED AS A
TARGETED GROUP FOR PURPOSES OF COMPUTING THE WORK
OPPORTUNITY CREDIT FOR EMPLOYMENT OF CERTAIN NEW
EMPLOYEES.
(a) General Rule.--Paragraph (1) of section 51(d) of the Internal
Revenue Code of 1986 (relating to members of targeted groups) is
amended by striking ``or'' at the end of subparagraph (G), by striking
the period at the end of subparagraph (H) and inserting ``, or'', and
by adding at the end the following new subparagraph:
``(I) a qualified former foster care recipient.''.
(b) Qualified Former Foster Care Recipient Defined.--Section 51(d)
of such Code (relating to members of targeted groups) is amended by
redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12),
and (13), respectively, and by inserting after paragraph (9) the
following new paragraph:
``(10) Qualified former foster care recipient--The term
`qualified former foster care recipient' means an individual
who is certified by the local designated agency as--
``(A) having attained age 18 but not age 25 on the
hiring date, and
``(B) on the day before attaining age 18 being
either--
``(i) a recipient of foster care
maintenance payments under a State plan
approved under part E of title IV of the Social
Security Act, or
``(ii) in the case of any individual not
described in clause (i), in foster care under
the responsibility of a State.''.
(c) Effective Date.--The amendments made by this section shall
apply to individuals who begin work for the employer after December 31,
1999.
SEC. 4. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR CHILDREN IN FOSTER
CARE.
Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is
amended by adding at the end the following: ``In determining whether a
child would have received aid under a State plan approved under section
402 (as in effect on July 16, 1996), a child whose resources
(determined pursuant to section 402(a)(7)(B), as so in effect) have a
combined value of not more than $10,000 shall be considered to be a
child whose resources have a combined value of not more than $1,000 (or
such lower amount as the State may determine for purposes of such
section 402(a)(7)(B)).''.
SEC. 5. INTERAGENCY COLLABORATION TO PROMOTE SELF-SUFFICIENCY OF
CHILDREN AGING OUT OF FOSTER CARE.
The Secretary of Health and Human Services shall establish an
action plan to promote collaboration between programs of the Department
of Health and Human Services and programs of other Federal agencies,
including housing programs, educational programs, and employment
programs, for the purpose of promoting the self-sufficiency of children
aging out of foster care.
SEC. 6. UPDATING OF FUNDING FORMULA FOR THE FOSTER CARE INDEPENDENT
LIVING INITIATIVES PROGRAM.
(a) Use of Updated Foster Care Data.--Section 477(e)(1) of the
Social Security Act (42 U.S.C. 677(e)(1)) is amended by striking all
that precedes subparagraph (C) and inserting the following:
``(e)(1)(A) The basic amount for a State for a fiscal year shall be
an amount which bears the same ratio to the basic ceiling for the
fiscal year as the State's average number of children receiving foster
care maintenance payments under this part in fiscal year 1996 bears to
the total of the average number of children receiving such payments
under this part for all States for fiscal year 1996.
``(B) The maximum additional amount for a State for a fiscal year
shall be an amount which bears the same ratio to the additional ceiling
for the fiscal year as the basic amount for the State for the fiscal
year bears to $58,000,000.''.
(b) Funding Increase.--Section 477(e)(1)(C)(i) of such Act (42
U.S.C. 677(e)(1)(C)(i)) is amended to read as follows:
``(i) The term `basic ceiling' means $58,000,000 for fiscal
year 2000 and each succeeding fiscal year.''.
(c) Hold Harmless Provision.--Section 474(a)(4) of such Act (42
U.S.C. 674(a)(4)) is amended to read as follows:
``(4) an amount equal to the greater of--
``(A) the sum of--
``(i) so much of the amounts expended by
the State to carry out programs under section
477 as do not exceed the basic amount for the
State for the fiscal year, as determined under
section 477(e)(1)(A); and
``(ii) the lesser of--
``(I) one-half of any additional
amounts expended by the State for such
programs; or
``(II) the maximum additional
amount for the State for the fiscal
year, as determined under section
477(e)(1)(B); or
``(B) the total amount required to be paid to the
State under this paragraph (as in effect on September
30, 1999) for fiscal year 1999.''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 1999. | Transition to Adulthood Program Act of 1999 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act and the Internal Revenue Code with regard to the transition of foster children to self-sufficiency, including the provision of nonresidential services to assist in such transition, making respective changes chiefly: (1) allowing States with approved part E plans to make foster care maintenance payments with respect to a child who has not attained age 21 who would otherwise be ineligible for such payments because of age if the child is completing secondary education, is enrolled in an institution that provides postsecondary education or vocational training, or is employed for at least 80 hours per month, and has a case plan providing for the child's achievement of independent living and residence in a setting that promotes personal responsibility; and (2) expanding the work opportunity tax credit to include certain individuals who, on the day before before attaining age 18, received foster care maintenance payments under an approved State part E plan or were in foster care under the responsibility of the State.
Provides for an increase in the amount of assets allowable for children in foster care under SSA title IV part E.
Directs the Secretary of Health and Human Services (HHS) to establish an action plan to promote collaboration between HHS and other Federal programs to promote the self-sufficiency of children aging out of foster care.
Provides, with respect to the independent living initiatives program under SSA title IV part E, for: (1) the use of updated foster care data in the funding formula for determining the basic amount for such program for a State for a fiscal year (while removing State entitlement to such basic amount under State plan provisions); and (2) a funding increase under such program. | {"src": "billsum_train", "title": "Transition to Adulthood Program Act of 1999"} | 1,699 | 378 | 0.704724 | 2.034731 | 0.80226 | 3.428152 | 4.178886 | 0.917889 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Katrina Economic Opportunity Act''.
SEC. 2. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.
(a) In General.--Subchapter Y of chapter 1 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 1400M. TAX BENEFITS FOR GULF OPPORTUNITY ZONE.
``(a) Zero Percent Capital Gains Rate.--
``(1) Exclusion.--Gross income shall not include qualified
capital gain from the sale or exchange of any Gulf Opportunity
Zone asset held for more than 5 years.
``(2) Gulf opportunity zone.--For purposes of this
subsection, the term `Gulf Opportunity Zone asset' means--
``(A) any Gulf Opportunity Zone business stock,
``(B) any Gulf Opportunity Zone partnership
interest, and
``(C) any Gulf Opportunity Zone business property.
``(3) Gulf opportunity zone business stock.--For purposes
of this subsection--
``(A) In general.--The term `Gulf Opportunity Zone
business stock' means any stock in a domestic
corporation which is originally issued after August 28,
2005, if--
``(i) such stock is acquired by the
taxpayer, before January 1, 2007, at its
original issue (directly or through an
underwriter) solely in exchange for cash,
``(ii) as of the time such stock was
issued, such corporation was a Gulf Opportunity
Zone business (or, in the case of a new
corporation, such corporation was being
organized for purposes of being a Gulf
Opportunity Zone business), and
``(iii) during substantially all of the
taxpayer's holding period for such stock, such
corporation qualified as a Gulf Opportunity
Zone business.
``(B) Redemptions.--A rule similar to the rule of
section 1202(c)(3) shall apply for purposes of this
paragraph.
``(4) Gulf opportunity zone partnership interest.--For
purposes of this subsection, the term `Gulf Opportunity Zone
partnership interest' means any capital or profits interest in
a domestic partnership which is originally issued after August
28, 2005, if--
``(A) such interest is acquired by the taxpayer,
before January 1, 2007, from the partnership solely in
exchange for cash,
``(B) as of the time such interest was acquired,
such partnership was a Gulf Opportunity Zone business
(or, in the case of a new partnership, such partnership
was being organized for purposes of being a Gulf
Opportunity Zone business), and
``(C) during substantially all of the taxpayer's
holding period for such interest, such partnership
qualified as a Gulf Opportunity Zone business.
A rule similar to the rule of subparagraph (B)(ii) shall apply
for purposes of this paragraph.
``(5) Gulf opportunity zone business property.--For
purposes of this subsection--
``(A) In general.--The term `Gulf Opportunity Zone
business property' means tangible property if--
``(i) such property was acquired by the
taxpayer by purchase (as defined in section
179(d)(2)) after August 28, 2005, and before
January 1, 2007,
``(ii) the original use of such property in
the Gulf Opportunity Zone commences with the
taxpayer, and
``(iii) during substantially all of the
taxpayer's holding period for such property,
substantially all of the use of such property
was in a Gulf Opportunity Zone business of the
taxpayer.
``(B) Special rule for buildings which are
substantially improved.--
``(i) In general.--The requirements of
clauses (i) and (ii) of subparagraph (A) shall
be treated as met with respect to--
``(I) property which is
substantially improved by the taxpayer
before January 1, 2007, and
``(II) any land on which such
property is located.
``(ii) Substantial improvement.--For
purposes of clause (i), property shall be
treated as substantially improved by the
taxpayer only if, during any 24-month period
beginning after August 28, 2005, additions to
basis with respect to such property in the
hands of the taxpayer exceed the greater of--
``(I) an amount equal to the
adjusted basis of such property at the
beginning of such 24-month period in
the hands of the taxpayer, or
``(II) $5,000.
``(6) Gulf opportunity zone business.--For purposes of this
subsection, the term `Gulf Opportunity Zone business' means any
corporation, partnership, or business which would be an
enterprise zone business (as defined in section 1397C) if such
section were applied by substituting `Gulf Opportunity Zone'
for `empowerment zone' each place it appears.
``(7) Special rules related to gulf opportunity zone
assets.--For purposes of this subsection--
``(A) Treatment of subsequent purchasers, etc.--For
purposes of this subsection, the term `Gulf Opportunity
Zone asset' includes any property which would be a Gulf
Opportunity Zone asset but for paragraph (3)(A)(i),
(4)(A), or (5)(A)(i) or (ii) in the hands of the
taxpayer if such property was a Gulf Opportunity Zone
asset in the hands of a prior holder.
``(B) 5-year safe harbor.--If any property ceases
to be a Gulf Opportunity Zone asset by reason of
paragraph (3)(A)(iii), (4)(C), or (5)(A)(iii) after the
5-year period beginning on the date the taxpayer
acquired such property, such property shall continue to
be treated as meeting the requirements of such
paragraph; except that the amount of gain to which
paragraph (1) applies on any sale or exchange of such
property shall not exceed the amount which would be
qualified capital gain had such property been sold on
the date of such cessation.
``(8) Qualified capital gain.--For purposes of this
subsection--
``(A) In general.--Except as otherwise provided in
this paragraph, the term `qualified capital gain' means
any gain recognized on the sale or exchange of--
``(i) a capital asset, or
``(ii) property used in the trade or
business (as defined in section 1231(b).
``(B) Gain before hurricane or after 2011 not
qualified.--The term `qualified capital gain' shall not
include any gain attributable to periods before August
29, 2005, or after December 31, 2011.
``(C) Certain ordinary income gain not qualified.--
The term `qualified capital gain' shall not include any
gain which would be treated as ordinary income under
section 1245 or under section 1250 if section 1250
applied to all depreciation rather than the additional
depreciation.
``(D) Intangibles and land not integral part of
gulf opportunity zone business.--The term `qualified
capital gain' shall not include any gain which is
attributable to real property, or an intangible asset,
which is not an integral part of a Gulf Opportunity
Zone business.
``(E) Related party transactions.--The term
`qualified capital gain' shall not include any gain
attributable, directly or indirectly, in whole or in
part, to a transaction with a related person. For
purposes of this subparagraph, persons are related to
each other if such persons are described in section
267(b) or 707(b)(1).
``(9) Certain other rules to apply.--Rules similar to the
rules of subsections (g), (h), (i)(2), and (j) of section 1202
shall apply for purposes of this subsection.
``(10) Sales and exchanges of interests in partnerships and
s corporations which are gulf opportunity zone businesses.--In
the case of the sale or exchange of an interest in a
partnership, or of stock in an S corporation, which was a Gulf
Opportunity Zone business during substantially all of the
period the taxpayer held such interest or stock, the amount of
qualified capital gain shall be determined without regard to--
``(A) any gain which is attributable to real
property, or an intangible asset, which is not an
integral part of a Gulf Opportunity Zone business, and
``(B) any gain attributable to periods before
August 29, 2005, or after December 31, 2011.
``(b) Increase and Expansion of Expensing of Business Property.--
``(1) Waiver of dollar limitations.--The limitations of
paragraphs (1) and (2) of section 179(b) shall not apply to
Gulf Opportunity Zone property and shall be applied to other
property without regard to Gulf Opportunity Zone property.
``(2) Inclusion of real property, etc.--Gulf Opportunity
Zone property shall be treated as section 179 property (as
defined in section 179(d)) without regard to the limitation of
subparagraph (B) of section 179(d)(1).
``(3) Gulf opportunity zone property.--The term `Gulf
Opportunity Zone property' means any property--
``(A) placed in service by the taxpayer during the
period beginning on August 28, 2005, and ending on
December 31, 2007, in the Gulf Opportunity Zone, and
``(B) substantially all of the use of which is in
such Zone and is in the active conduct of a trade or
business by the taxpayer in such Zone.
``(4) Recapture.--Rules similar to the rules under section
170(d)(10) shall apply with respect to any Gulf Opportunity
Zone property which ceases to be used in the Gulf Opportunity
Zone.
``(c) Application of New Markets Tax Credit.--
``(1) In general.--The Gulf Opportunity Zone shall be
treated as a low-income community for purposes of section 45D.
``(2) Coordination with national limitation.--
``(A) In general.--Any credit allowed under section
45D by reason of paragraph (1) shall not be taken into
account under section 45D(f).
``(B) Separate limitation.--There is a limitation
on the aggregate credits allowed under section 45D by
reason of paragraph (1). Such limitation is--
``(i) $32,200,000 for 2005,
``(ii) $56,300,000 for 2006, and
``(iii) $56,300,000 for 2007.
``(C) Allocation of limitation.--The limitation
under subparagraph (B) shall be allocated by the
Secretary among those qualified community development
entities (as defined in section 45D(c)) with respect to
the Gulf Opportunity Zone which are selected by the
Secretary. In making allocations under the preceding
sentence, the Secretary shall give priority to entities
described in subparagraph (A) or (B) of section
45D(f)(2).
``(D) Carryover of unused limitation.--The rules of
paragraph (3) of section 45D(f) shall apply for
purposes of this paragraph.
``(d) Gulf Opportunity Zone.--For purposes of this section, the
term `Gulf Opportunity Zone' means an area determined by the President
to warrant individual or individual and public assistance from the
Federal Government under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act by reason of Hurricane Katrina.''.
(b) Conforming Amendments.--
(1) The heading for subchapter Y of chapter 1 of such Code
is amended to read as follows:
``Subchapter Y--Temporary Regional Benefits''.
(2) The table of sections for such subchapter is amended by
adding at the end the following new item:
``Sec. 1400M. Tax benefits for Gulf Opportunity Zone.''. | Katrina Economic Opportunity Act - Amends the Internal Revenue Code to: (1) exclude from gross income gain from the sale or exchange of a Gulf Opportunity Zone asset (business stock, partnership interest, or property in a Hurricane Katrina disaster area) held for more than five years; (2) waive small business asset expensing limits for Gulf Opportunity Zone assets; and (3) qualify Gulf Opportunity Zone investments for the new markets tax credit. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide tax incentives for Hurricane Katrina recovery in the Gulf Opportunity Zone."} | 2,595 | 93 | 0.633745 | 1.441746 | 0.722575 | 2.482353 | 27.905882 | 0.882353 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oregon Water Resources Management
Act of 2006''.
SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN
DESCHUTES RIVER CONSERVANCY.
Section 301 of the Oregon Resource Conservation Act of 1996
(division B of Public Law 104-208; 110 Stat. 3009-534) is amended--
(1) in subsection (a)(1), by striking ``Deschutes River
Basin Working Group'' and inserting ``Deschutes River
Conservancy Working Group'';
(2) by amending the text of subsection (a)(1)(B) to read as
follows: ``4 representatives of private interests including two
from irrigated agriculture who actively farm more than 100
acres of irrigated land and are not irrigation district
managers and two from the environmental community;'';
(3) in subsection (b)(3), by inserting before the final
period the following: ``, and up to a total amount of
$2,000,000 during each of fiscal years 2006 through 2015''; and
(4) in subsection (h), by inserting before the period at
the end the following: ``, and $2,000,000 for each of fiscal
years 2006 through 2015''.
SEC. 3. WALLOWA LAKE DAM REHABILITATION ACT.
(a) Definitions.--In this section, the following definitions apply:
(1) Associated ditch companies, incorporated.--The term
``Associated Ditch Companies, Incorporated'' means the
nonprofit corporation established under the laws of the State
of Oregon that operates Wallowa Lake Dam.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation.
(3) Wallowa lake dam rehabilitation program.--The term
``Wallowa Lake Dam Rehabilitation Program'' means the program
for the rehabilitation of the Wallowa Lake Dam in Oregon, as
contained in the engineering document titled, ``Phase I Dam
Assessment and Preliminary Engineering Design'', dated December
2002, and on file with the Bureau of Reclamation.
(b) Authorization to Participate in Program.--
(1) Grants and cooperative agreements.--The Secretary may
provide grants to, or enter into cooperative or other
agreements with, tribal, State, and local governmental entities
and the Associated Ditch Companies, Incorporated, to plan,
design, and construct facilities needed to implement the
Wallowa Lake Dam Rehabilitation Program.
(2) Conditions.--As a condition of providing funds under
paragraph (1), the Secretary shall ensure that--
(A) the Wallowa Lake Dam Rehabilitation Program and
activities under this section meet the standards of the
dam safety program of the State of Oregon;
(B) the Associated Ditch Companies, Incorporated,
agrees to assume liability for any work performed, or
supervised, with Federal funds provided to it under
this section; and
(C) the United States shall not be liable for
damages of any kind arising out of any act, omission,
or occurrence relating to a facility rehabilitated or
constructed with Federal funds provided under this
section, both while and after activities are conducted
using Federal funds provided under this section.
(3) Cost sharing.--
(A) In general.--The Federal share of the costs of
activities authorized under this section shall not
exceed 50 percent.
(B) Exclusions from federal share.--There shall not
be credited against the Federal share of such costs--
(i) any expenditure by the Bonneville Power
Administration in the Wallowa River watershed;
and
(ii) expenditures made by individual
agricultural producers in any Federal commodity
or conservation program.
(4) Compliance with state law.--The Secretary, in carrying
out this section, shall comply with applicable Oregon State
water law.
(5) Prohibition on holding title.--The Federal Government
shall not hold title to any facility rehabilitated or
constructed under this section.
(6) Prohibition on operation and maintenance.--The Federal
Government shall not be responsible for the operation and
maintenance of any facility constructed or rehabilitated under
this section.
(c) Relationship to Other Law.--Activities funded under this
section shall not be considered a supplemental or additional benefit
under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388,
chapter 1093), and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.)).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to pay the Federal share of the costs of
activities authorized under this section, $6,000,000.
(e) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.
SEC. 4. LITTLE BUTTE/BEAR CREEK SUBBASINS, OREGON, WATER RESOURCE
STUDY.
(a) Authorization.--The Secretary of the Interior, acting through
the Bureau of Reclamation, may participate in the Water for Irrigation,
Streams and the Economy Project water management feasibility study and
environmental impact statement in accordance with the ``Memorandum of
Agreement Between City of Medford and Bureau of Reclamation for the
Water for Irrigation, Streams, and the Economy Project'', dated July 2,
2004.
(b) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Bureau of Reclamation $500,000 to carry out activities
under this section.
(2) Non-federal share.--
(A) In general.--The non-Federal share shall be 50
percent of the total costs of the Bureau of Reclamation
in carrying out subsection (a).
(B) Form.--The non-Federal share required under
subparagraph (A) may be in the form of any in-kind
services that the Secretary of the Interior determines
would contribute substantially toward the conduct and
completion of the study and environmental impact
statement required under subsection (a).
(c) Sunset.--The authority of the Secretary to carry out any
provisions of this section shall terminate 10 years after the date of
the enactment of this section.
SEC. 5. NORTH UNIT IRRIGATION DISTRICT.
(a) Short Title.--This section may be cited as the ``North Unit
Irrigation District Act of 2006''.
(b) Amendment.--The Act of August 10, 1954 (68 Stat. 679, chapter
663), is amended--
(1) in the first section--
(A) by inserting ``(referred to in this Act as the
`District')'' after ``irrigation district''; and
(B) by inserting ``(referred to in this Act as the
`Contract')'' after ``1953''; and
(2) by adding at the end the following:
``SEC. 3. ADDITIONAL TERMS.
``On approval of the District directors and notwithstanding project
authorizing legislation to the contrary, the Contract is modified,
without further action by the Secretary of the Interior, to include the
following modifications:
``(1) In Article 8(a) of the Contract, by deleting `a
maximum of 50,000' and inserting `approximately 59,000' after
`irrigation service to'.
``(2) In Article 11(a) of the Contract, by deleting `The
classified irrigable lands within the project comprise
49,817.75 irrigable acres, of which 35,773.75 acres are in
Class A and 14,044.40 in Class B. These lands and the standards
upon which the classification was made are described in the
document entitled ``Land Classification, North Unit, Deschutes
Project, 1953'' which is on file in the office of the Regional
Director, Bureau of Reclamation, Boise, Idaho, and in the
office of the District' and inserting `The classified irrigable
land within the project comprises 58,902.8 irrigable acres, all
of which are authorized to receive irrigation water pursuant to
water rights issued by the State of Oregon and have in the past
received water pursuant to such State water rights.'.
``(3) In Article 11(c) of the Contract, by deleting `, with
the approval of the Secretary,' after `District may', by
deleting `the 49,817.75 acre maximum limit on the irrigable
area is not exceeded' and inserting `irrigation service is
provided to no more than approximately 59,000 acres and no
amendment to the District boundary is required' after `time so
long as'.
``(4) In Article 11(d) of the Contract, by inserting `, and
may further be used for instream purposes, including fish or
wildlife purposes, to the extent that such use is required by
Oregon State law in order for the District to engage in, or
take advantage of, conserved water projects as authorized by
Oregon State law' after `herein provided'.
``(5) By adding at the end of Article 12(d) the following:
`(e) Notwithstanding the above subsections of this Article or
Article 13 below, beginning with the irrigation season
immediately following the date of enactment of the North Unit
Irrigation District Act of 2006, the annual installment for
each year, for the District, under the Contract, on account of
the District's construction charge obligation, shall be a fixed
and equal annual amount payable on June 30 the year following
the year for which it is applicable, such that the District's
total construction charge obligation shall be completely paid
by June 30, 2044.'.
``(6) In Article 14(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law,'
after `and incidental stock and domestic uses', by inserting
`and for instream purposes as described above,' after
`irrigation, stock and domestic uses', and by inserting `,
including natural flow rights out of the Crooked River held by
the District' after `irrigation system'.
``(7) In Article 29(a) of the Contract, by inserting `and
for instream purposes, including fish or wildlife purposes, to
the extent that such use is required by Oregon State law in
order for the District to engage in, or take advantage of,
conserved water projects as authorized by Oregon State law'
after `provided in article 11'.
``(8) In Article 34 of the Contract, by deleting `The
District, after the election and upon the execution of this
contract, shall promptly secure final decree of the proper
State court approving and confirming this contract and
decreeing and adjudging it to be a lawful, valid, and binding
general obligation of the District. The District shall furnish
to the United States certified copies of such decrees and of
all pertinent supporting records.' after `for that purpose.'.
``SEC. 4. FUTURE AUTHORITY TO RENEGOTIATE.
``The Secretary of the Interior (acting through the Commissioner of
Reclamation) may in the future renegotiate with the District such terms
of the Contract as the District directors determine to be necessary,
only upon the written request of the District directors and the consent
of the Commissioner of Reclamation.''.
Passed the House of Representatives September 25, 2006.
Attest:
KAREN L. HAAS,
Clerk. | Oregon Water Resources Management Act of 2006 - (Sec. 2) Amends the Oregon Resource Conservation Act of 1996 to: (1) replace references to the Deschutes River Basin Working Group with the Deschutes River Conservancy Working Group; (2) require the two representatives of private interests from irrigated agriculture on the Working Group to actively farm more than 100 acres of irrigated land and not be irrigation district managers; (3) direct the Bureau of Reclamation to pay up to a total amount of $2 million for each of FY2006 through FY2015 for 50% of the cost of performing projects proposed by the Working Group and approved by the Secretary of the Interior; and (4) authorize appropriations for Deschutes Basin ecosystem restoration projects for FY2006-FY2015.
(Sec. 3) Authorizes the Secretary, acting through the Commissioner of Reclamation, to provide grants to, or enter into cooperative or other agreements with, tribal, state, and local governmental entities and the Associated Ditch Companies, Incorporated (ADC) (nonprofit corporation that operates the Wallowa Lake Dam) to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program. Directs the Secretary, as a condition of providing funds, to ensure that: (1) the Rehabilitation Program meets the standards of the dam safety program of Oregon; (2) ADC agrees to assume liability for any work performed or supervised with federal funds provided to it under this section; and (3) the United States shall not be liable for damages arising out of any act relating to a facility rehabilitated or constructed with federal funds provided under this Act, both while and after activities are conducted using such funds. Limits the federal share of the cost of activities authorized under this section to 50%. Prohibits the federal government from holding title to, or being responsible for the operation and maintenance of, any facility rehabilitated or constructed under this section. Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after its enactment.
(Sec. 4) Authorizes the Secretary, acting through the Bureau, to participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams and the Economy Project, dated July 2, 2004. Authorizes appropriations. Sets the non-federal share at 50% of the Bureau's costs in carrying out this section. Permits the non-federal share to be in the form of certain in-kind services. Terminates the Secretary's authority to carry out this section 10 years after its enactment.
(Sec. 5) North Unit Irrigation District Act of 2006 - Modifies a repayment contract between the Secretary and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law. Authorizes the Secretary to renegotiate such contract terms as the District directors determine to be necessary, only upon the written request of the District directors and the consent of the Commissioner. | {"src": "billsum_train", "title": "To update the management of Oregon water resources, and for other purposes."} | 2,618 | 704 | 0.693944 | 2.255689 | 0.694124 | 4.264755 | 3.885329 | 0.925801 |
SECTION 1. SHORT TITLE; PURPOSE.
(a) Short Title.--This Act may be cited as the ``Driver's Privacy
Protection Act of 1993''.
(b) Purpose.--The purpose of this Act is to protect the personal
privacy and safety of licensed drivers consistent with the legitimate
needs of business and government.
SEC. 2. AMENDMENT TO TITLE 18, UNITED STATES CODE.
Title 18 of the United States Code is amended by inserting
immediately after chapter 121, the following new chapter:
``CHAPTER 122--PROHIBITION ON RELEASE OF CERTAIN PERSONAL INFORMATION
``Sec. 2720. Prohibition on release of certain personal information.
``Sec. 2721. Unlawful use of personal information.
``Sec. 2722. Definitions.
``Sec. 2723. Penalties.
``Sec. 2724. Effect on State and local laws.
``Sec. 2720. Prohibition on release of certain personal information
``(a) Disclosure.--It is unlawful for any department of motor
vehicles of any State or any other person or organization to disclose
or obtain, except as authorized by this chapter, personal information
about any individual obtained by such department in connection with a
motor vehicle operator's permit, motor vehicle title, identification
card, or motor vehicle registration issued by the department to that
individual, unless such individual has authorized such disclosure.
``(b) Exceptions.--It is not unlawful to disclose or obtain
personal information, otherwise unlawful under this chapter, for any of
the following routine uses if the person receiving such information has
certified to the Department that the information will be used only for
one of the specified permissible purposes:
``(1) For the use of any Federal, State or local court in
carrying out its functions.
``(2) For the use of any Federal, State or local agency in
carrying out its functions, including a law enforcement agency.
``(3) For the use in connection with matters of automobile
and driver safety, including manufacturers of motor vehicles
conducting a recall of motor vehicles.
``(4) For the use in any civil or criminal proceeding in
any Federal, State or local court, if such proceeding involves
a motor vehicle.
``(5) For use in research activities, if the motor vehicle
department determines that such information will not be used to
contact the individual and that individual is not identified or
associated with the requested personal information.
``(6) For use in marketing activities if the motor vehicle
department--
``(A) has provided the individual with regard to
whom the information is requested with the opportunity,
in a clear and conspicuous manner, to prohibit a
disclosure of such information for marketing
activities;
``(B) has received assurances that the information
will be used, rented, or sold solely for a permissible
use under this chapter, including marketing activities;
and
``(C) has received assurances from any person
purchasing such information from a motor vehicle
department for marketing purposes that such person will
keep complete records identifying any person to whom
they sell or rent the information and the permissible
purpose for which the purchaser will use the
information.
``(7) For use by any insurer or insurance support
organization, or their employees, agents, and contractors, in
connection with claims investigation activities and antifraud
activities.
``(8) For use by any organization, or its agent, in
connection with a business transaction, when the purpose is to
verify the accuracy of personal information submitted to that
business or agent by the person to whom such information
pertains, or, if the information submitted is not accurate, to
obtain correct information for the purpose of pursuing remedies
against a person who provided false information or presented a
check or similar item that was not honored.
``(9)(A) For use by any organization, if such organization
has certified that it has obtained a statement from the person
to whom the information pertains authorizing the disclosure of
such information under this chapter in accordance with an
agreement entered into pursuant to subparagraph (B).
``(B) Any motor vehicle department of a State is authorized
to enter into an agreement with any organization under
subparagraph (A) pursuant to which the motor vehicle department
may subsequently release information to that organization on
the basis of a certification that the entity has obtained or
will have obtained consent from the individual to whom the
information pertains to obtain such personal information from
the State motor vehicle department.
``Sec. 2721. Unlawful use of personal information
``(a) Unlawful Acts by State Motor Vehicle Departments,
Organizations or Persons.--It is unlawful for any State motor vehicle
department or organization or person to disclose, sell or otherwise
make available, or use personal information about any individual
referred to in section 2720 except in accordance with this chapter.
``(b) Unlawful Acts by Persons or Organizations.--It is unlawful
for any person or organization--
``(1) to make any false representation to obtain personal
information from a department of motor vehicles of any State or
other person about any individual referred to in section 2720;
or
``(2) to use personal information obtained from any
department of motor vehicles of any State or other person for
any purpose other than as requested by that person or
organization, or other than the purpose for which such
information was disclosed.
``(c) Exception.--The prohibition referred to in subsection (a) of
section 2720 and subsections (a) and (b) of this section shall not
apply to any person to whom the information pertains.
``Sec. 2722. Definitions
``As used in this chapter:
``(1) The term `personal information' includes an
individual's photograph, driver's identification number, name,
address, telephone number, social security number, and medical
and disability information. Such term does not include
information on vehicular accidents, driving violations, and
driver's status.
``(2) The term `person' means any individual.
``(3) The term `State' means each of the several States,
District of Columbia, Commonwealth of Puerto Rico, Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(4) The term `organization' means any person other than
an individual, including but not limited to, a corporation,
association, institution, a car rental agency, employer, and
insurers, insurance support organization, and their employees,
agents, or contractors.
``Sec. 2723. Penalties
``(a) Willful Violations.--
``(1) Any person who willfully violates this chapter shall
be fined under this title, or imprisoned for a period not
exceeding 12 months, or both.
``(2) Any organization who willfully violates this chapter
shall be fined under this title.
``(b) Nonwillful Violations.--Any person or organization who
violates this chapter, other than a willful violation, shall be subject
to a civil penalty in an amount not to exceed $5,000.
``(c) Violations by State Department of Motor Vehicles.--Any State
department of motor vehicles which willfully violates this chapter
shall be subject to a civil penalty in the amount of $10,000. Each day
of continued noncompliance shall constitute a separate violation.
``Sec. 2724. Effect on State and local laws
``The provisions of this chapter shall supersede only those
provisions of law of any State or local government which would require
or permit the disclosure or use of personal information which is
otherwise prohibited by this chapter.''.
Sec. 3. The amendments made by this Act shall take effect upon the
expiration of the 270-day period following the date of its enactment. | Driver's Privacy Protection Act of 1993 - Amends the Federal criminal code to prohibit the release of personal information about any individual obtained by a State department of motor vehicles (DMV) in connection with a motor vehicle operator's permit, title, identification card, or registration, unless such individual has authorized such disclosure.
Makes exceptions for specified routine uses if the person receiving the information has certified that the information will be used only for one of the specified permissible purposes, including use: (1) by any Federal, State, or local court or agency in carrying out its functions; (2) in connection with matters of automobile and driver safety, in any civil or criminal proceeding involving a motor vehicle, and in research or marketing activities; and (3) by any insurer in connection with claims investigation and antifraud activities.
Prohibits (with exceptions): (1) a State motor vehicle department, organization, or person from disclosing, selling, or otherwise making available or using such personal information, except in accordance with this Act; and (2) any person or organization from making any false representation to obtain personal information about any such individual from a State DMV or other person or using personal information obtained from State DMV or other person for any purpose other than as requested by that person or organization, or other than the purpose for which such information was disclosed.
Sets penalties for willful and nonwillful violations by individuals, organizations, and DMVs. | {"src": "billsum_train", "title": "Driver's Privacy Protection Act of 1993"} | 1,709 | 305 | 0.672923 | 2.143028 | 0.782139 | 3.632509 | 5.720848 | 0.925795 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Gas Tax Credit Act
of 2005''.
SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES
FOR NONBUSINESS PURPOSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by adding after section 25B the following
new section:
``SEC. 25C. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY
VEHICLES FOR NONBUSINESS PURPOSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the aggregate qualified taxable
fuel expenditures made by the taxpayer during such year.
``(b) Limitation.--The credit allowed under subsection (a) for a
taxable year shall not exceed $250 ($500 in the case of a joint
return).
``(c) Qualified Taxable Fuel Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified taxable fuel
expenditures' means amounts paid for a taxable fuel (as defined
by section 4083(a) (without regard to paragraph (1)(C) thereof)
for a nonbusiness use in a highway vehicle.
``(2) Exception.--Such term does not include amounts paid
for any fuel with respect to which a credit is allowed under
section 34 or a refund allowed under section 6420, 6421, or
6427.
``(d) Limitation Based on Modified Adjusted Gross Income.--
``(1) In general.--The amount which would (but for this
subsection) be taken into account under subsection (a) for the
taxable year shall be reduced (but not below zero) by the
amount determined under paragraph (2).
``(2) Amount of reduction.--The amount determined under
this paragraph is the amount which bears the same ratio to the
amount which would be so taken into account as--
``(A) the excess of--
``(i) the taxpayer's modified adjusted
gross income for such taxable year, over
``(ii) $25,000 ($50,000 in the case of a
joint return), bears to
``(B) $2,500 ($5,000 in the case of a joint
return).
``(3) Modified adjusted gross income.--The term `modified
adjusted gross income' means the adjusted gross income of the
taxpayer for the taxable year increased by any amount excluded
from gross income under section 911, 931, or 933.
``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed
Rate of Inflation by not Less Than 200 Percent.--
``(1) General rule.--Subsection (a) shall not apply for any
taxable year unless the Secretary determines that the
percentage change in the price of a gallon of gasoline for the
taxable year is not less than 200 percent of the change in the
inflation rate for such taxable year.
``(2) Percentage change in the price of a gallon of
gasoline.--For purposes of paragraph (1), the percentage change
in the price of a gallon of gasoline for a taxable year is the
percentage (if any) by which--
``(A) the average price of a gallon of gasoline as
of the close of the taxable year, exceeds
``(B) the average price of a gallon gasoline as of
the beginning of the taxable year.
``(3) Inflation rate.--For purposes of paragraph (1), the
inflation rate for the determination period is the percentage
(if any) by which--
``(A) the average of the Consumer Price Index as of
the close of the taxable year, exceeds
``(B) the average of the Consumer Price Index as of
the beginning of the taxable year.
``(4) Price of a gallon of gasoline.--For purposes of this
subsection, the price of a gallon of gasoline shall be as
determined under the U.S. Regular All Formulations Retail
Gasoline Prices by the Energy Information Administration of the
Department of Energy.
``(5) Consumer price index.--For the purposes of this
subsection, the term `Consumer Price Index' means the last
Consumer Price Index for all-urban consumers published by the
Department of Labor. For purposes of the preceding sentence,
the revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for calendar year 1986
shall be used.
``(f) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2005, each of the dollar amounts in
subsection (b) and subsection (d)(2)(A)(ii) shall be increased by an
amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2004' for
`calendar year 1992' in subparagraph (B) thereof. If any amount
as increased under the preceding sentence is not a multiple of
$50, such amount shall be rounded to the nearest multiple of
$50.
If, in the case of any amount in subsection (b) as increased under the
preceding sentence, is not a multiple of $10, such amount shall be
rounded to the nearest multiple of $10, and if, in the case of any
amount in subsection (d) as increased under the preceding sentence, is
not a multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(g) Guidance.--Not later than January 31 of each year, the
Secretary shall promulgate such guidance as may be necessary or
appropriate to carry out the provisions of this section with respect to
the preceding taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
such part IV is amended by inserting after the item relating to section
25B the following new item:
``Sec. 25C. Credit for gasoline and diesel fuel used in highway
vehicles for nonbusiness purposes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004. | Working Families Gas Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit for gasoline, diesel fuel, or kerosene used in highway vehicles for nonbusiness purposes. Limits the amount of such credit to $250 annually ($500 for joint returns). Reduces the allowable credit amount for taxpayers with modified adjusted gross incomes over $25,000 ($50,000 for joint returns).
Allows the credit only in taxable years when the Secretary of the Treasury determines that the percentage change in the price of a gallon of gasoline is at least 200 percent of the change in the inflation rate for such year. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes."} | 1,453 | 136 | 0.613698 | 1.524497 | 0.700682 | 3.141667 | 10.783333 | 0.858333 |
SECTION 1. RED SNAPPER ALLOWABLE CATCH QUOTAS.
(a) Definitions.--
(1) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
No. 5030, dated March 10, 1983, and that is the area adjacent
to the United States that, except where modified to accommodate
international boundaries, encompasses all waters from the
seaward boundary of each of the coastal States to a line on
which each point is 200 nautical miles from the baseline from
which the territorial sea of the United States is measured.
(2) Gulf red snapper.--The term ``Gulf red snapper'' means
red snapper of the Gulf of Mexico.
(b) In General.--Notwithstanding any other provision of law,
including part 622 of title 50, Code of Federal Regulations, the total
allowable catch quotas for commercial and recreational fisheries for
Gulf red snapper shall be determined under subsection (c).
(c) Quotas.--
(1) Aggregate allowable catch quotas.--For each of the
calendar years 1998 through 2001, the aggregate allowable catch
quota for Gulf red snapper shall be 9,120,000 pounds.
(2) Quota for commercial fisheries.--For each calendar year
specified in paragraph (1), the allowable catch quota
applicable to persons who harvest Gulf red snapper under
commercial vessel permits shall be 51 percent of the aggregate
allowable catch quota specified in that paragraph.
(3) Recreational quota.--For each calendar year specified
in paragraph (1), the allowable catch quota applicable to
persons who harvest Gulf red snapper other than under
commercial vessel permits shall be 49 percent of the aggregate
allowable catch quota specified in that paragraph.
(d) Limitation on Conditions.--Notwithstanding any other provision
of law, the harvesting of Gulf red snapper in accordance with the
quotas specified under subsection (c) shall not be subject to any
condition relating to the performance of bycatch reduction devices that
would reduce the amounts of red snapper that may be harvested under an
applicable catch quota specified in subsection (c).
(e) Recreational Bag Limit.--Notwithstanding any other provision of
law, including part 622.39 of title 50, Code of Federal Regulations,
during the period beginning on the date of enactment of this Act and
ending on December 31, 2001, the bag limit for daily catch of Gulf red
snapper applicable to a person who harvests red snapper other than
under a commercial vessel permit shall be 4 fish, except that any
member of the crew of a for-hire vessel used for such recreational
fishing shall be prohibited from catching any Gulf red snapper while
aboard that vessel during the period of time that vessel is used for-
hire for that purpose.
(f) Minimum Size Limit.--Notwithstanding any other provision of
law, including part 622.37 of title 50, Code of Federal Regulations,
during the period beginning on the date of enactment of this Act and
ending on December 31, 2001, the minimum size limit for Gulf red
snapper shall be 15 inches (38.1 cm), total length.
(g) Prohibition.--During the period specified in subsection (c)(1),
the Secretary of Commerce, acting through the Director of the National
Marine Fisheries Service, may not establish any fishery closing date
designed for the preservation of Gulf red snapper that is inconsistent
with a recommendation of the Gulf of Mexico Fishery Management Council
established under section 302 of the Magnuson-Stevens Fishery
Management Act (16 U.S.C. 1852).
(h) Expedited Review of TEDs.--Not later than December 31, 1998,
the Secretary of Commerce, acting through the Director of the National
Marine Fisheries Service, shall--
(1) take such actions as may be necessary to complete the
review of turtle excluding devices (commonly referred to as
``TEDs'') to determine whether those devices may serve
effectively as functioning bycatch reduction devices; and
(2) if upon completion of that review, the Secretary,
acting through the Director, determines that turtle excluding
devices may serve effectively as functioning bycatch reduction
devices, certify those devices as functioning bycatch reduction
devices.
(i) Study.--
(1) In general.--The Secretary of Commerce, acting through
the Director of the National Marine Fisheries Service, shall
conduct a study to provide an estimate of the bycatch reduction
achieved in the Gulf of Mexico by bycatch reduction devices,
including the devices described in subsection (h).
(2) Commencement and completion dates of study.--The
Secretary of Commerce, acting through the Director of the
National Marine Fisheries Service, shall commence the study
under paragraph (1) on May 1, 2001, and shall complete that
study not later than August 31, 2001.
(3) Peer review.--In conducting the study under this
section, the Secretary of Commerce, acting through the Director
of the National Marine Fisheries Service, shall provide for a
process of peer review of the results of the study. Under that
process, the Secretary of Commerce, acting through the Director
of the National Marine Fisheries Service, shall make the
results of the study available for review by individuals with
recognized scientific or other research expertise that the
Secretary, acting through the Director, determines to be
appropriate.
(4) Report.--Upon completion of the study under this
subsection, the Secretary of Commerce, acting through the
Director of the National Marine Fisheries Service, shall
prepare and submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Resources of
the House of Representatives, a report that contains the
results of the study. | Sets, notwithstanding any other provision of law, the allowable commercial fisheries and recreational catch quotas for Gulf of Mexico red snapper. Makes those quotas not subject to the performance of bycatch reduction devices that would reduce the amounts of red snapper that may be harvested. Sets the recreational bag limit for day catch. Sets the minimum size limit.
Prohibits, during a specified period of years, the establishment of any fishery closing date designed for the preservation of Gulf red snapper that is inconsistent with a recommendation of the Gulf of Mexico Fishery Management Council.
Mandates completion of the review of turtle excluding devices (TEDs) regarding whether TEDs serve effectively as functioning bycatch reduction devices and, if so, certification of TEDs as functioning bycatch reduction devices.
Requires a peer-reviewed study and report to specified congressional committees estimating the bycatch reduction achieved in the Gulf by bycatch reduction devices. | {"src": "billsum_train", "title": "A bill to provide for allowable catch quota for red snapper in the Gulf of Mexico, and for other purposes."} | 1,223 | 215 | 0.626387 | 1.767328 | 0.825253 | 4.235294 | 6.535294 | 0.882353 |
SECTION 1. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Preventing North Korea from proliferating illegal
nuclear weapons and related material is a top priority for the
United States and regional partners, including Japan, China,
and South Korea.
(2) Presidential transitions in Washington, DC, and Seoul,
South Korea, create opportunities for instability that North
Korea could exploit for additional provocations.
(3) North Korea is already violating the letter and spirit
of numerous United Nations Security Council resolutions.
(4) North Korea allegedly test-fired a ballistic missile on
February 11, 2017.
(5) Strengthening high-level dialogue about North Korean
nuclear proliferation between the United States, regional
partners, and the United Nations would bring necessary
attention to the issue, which has languished over successive
Republican and Democratic Administrations.
(6) The United States would benefit from a comprehensive
strategy, jointly implemented with its regional partners,
including China, to prevent North Korea from becoming armed
with nuclear weapons and strengthen the shared goal of
achieving a denuclearized Korean Peninsula.
(7) In addition to supporting the work of the United
Nations Panel of Experts on North Korea, the United States and
its partners would benefit from a senior-level dialogue to
coordinate sanctions enforcement, to detect North Korea
proliferation activities, and to prepare contingency responses
in the event of North Korean nuclear or conventional
provocations.
(8) The United States, along with its allies and partners,
have highly capable military and nuclear experts who can refine
plans to respond to a North Korea capability development that
endangers the United States homeland and could recommend
defensive measures to address vulnerabilities.
(9) The trilateral relationship between the United States,
Japan, and South Korea has served as an important node for
sharing information about the North Korean threat and the
trilateral relationship should be expanded to serve as a focal
point for regional cooperation regarding North Korea.
(10) Generally, it is in the interest of the United States
to remain the security partner of choice for allies and
partners in the Indo-Asia Pacific region and to strengthen
norms based on the liberal international order that has
undergirded peace and stability in the region since the end of
World War II.
(b) Sense of Congress.--It is the sense of Congress that the United
States should expand the trilateral mechanism to serve as a focal point
for regional cooperation regarding North Korea.
SEC. 2. JOINT COMMISSION ON NORTH KOREA.
(a) Authorization.--The President, acting through the Secretary of
State, may seek to establish a joint commission with countries in the
Indo-Asia Pacific region (hereinafter referred to as ``the
Commission'').
(b) Activities.--The Commission may undertake the following
activities:
(1) Supporting professional dialogues, including by
convening or sponsoring travel to meetings with nongovernmental
experts, to--
(A) coordinate the detection of North Korean
violations of existing United Nations Security Council
resolutions;
(B) develop possible responses to such violations;
and
(C) enhance monitoring of nuclear weapons
proliferation capabilities.
(2) Coordinating sub-cabinet-level political discussions on
contingency responses to North Korean violations of United
Nations Security Council resolutions.
(3) Facilitating technical discussions among the
Departments of State, Defense, Energy, and the Treasury and the
Intelligence Community and their counterparts in countries in
the Indo-Asia Pacific region on technical aspects of North
Korea's nuclear program and accompanying United States
sanctions.
(4) Coordinating the sharing of information among the
intelligence services of the countries participating in the
Commission, to the extent practicable, to identify immediate
threats and inform the security services of such countries.
(5) Creating guidelines for the coordination of
multilateral direct action against shared threats.
(c) Chair; Membership.--
(1) In general.--The Commission shall be chaired by the
Secretary of State and shall include as members--
(A) the Secretary of the Treasury;
(B) the Secretary of Energy;
(C) the Secretary of Defense; and
(D) the Director of National Intelligence.
(2) Counterpart members.--The Secretary of State shall
encourage participation of relevant counterparts in the
governments of the participating countries.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the activities
of the Commission.
SEC. 3. COORDINATION OF MILITARY AND DIPLOMATIC PLANNING.
(a) Statement of Policy.--It is the policy of the United States--
(1) to continue to maintain robust and multifaceted
diplomatic engagement in the Indo-Asia Pacific region, to
include the promotion of United States values and United States
economic interests alongside a strong United States military
posture; and
(2) that the tools of diplomacy and development, along with
defense as critical tools of national power, should be used to
enhance the national security of the United States, promote
United States interests reassure United States allies, deter
aggression, and respond swiftly to crises.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of State should conduct comprehensive regional and global
diplomacy, in close coordination with United States allies in the Indo
Asia Pacific Region, to coordinate responses to North Korean
provocations and enhance enforcement of United Nations Security Council
resolutions.
(c) Enhanced Ports of Call.--The Secretary of Defense is
authorized, in consultation with Secretary of State, to conduct routine
and enhanced ports of call with key allies in the Indo-Asia Pacific
region. | This bill authorizes the Department of State to seek to establish a joint commission with countries in the Indo-Asia Pacific region to: support professional dialogues to coordinate the detection of North Korean violations of United Nations Security Council resolutions, develop responses, and enhance monitoring of nuclear weapons proliferation capabilities; coordinate sub-cabinet level political discussions on contingency responses to such violations; facilitate technical discussions among the Departments of State, Defense (DOD), Energy, and the Treasury, the Intelligence Community, and their counterparts in countries in the region on technical aspects of North Korea's nuclear program and accompanying U.S. sanctions; coordinate information sharing among the intelligence services of the participating countries to identify immediate threats; and create guidelines for coordinating multilateral direct action against shared threats. The bill declares that it is U.S. policy: (1) to continue to maintain robust and multifaceted diplomatic engagement in the region, to include promoting U.S. values and economic interests and a strong military posture; and (2) that diplomacy, development, and defense should be used to enhance U.S. national security, promote U.S. interests, reassure U.S. allies, deter aggression, and respond swiftly to crises. DOD may conduct routine and enhanced ports of call with key allies in the region. | {"src": "billsum_train", "title": "To establish a joint commission on North Korea, and for other purposes."} | 1,208 | 282 | 0.550046 | 1.610821 | 0.695917 | 3.949791 | 4.790795 | 0.912134 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Taxpayer Outlays for
Propaganda Act'' or the ``STOP Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to a study from Education Week and the
Journal of the American Medical Association fewer than 4 in 10
elementary-aged children achieved the recommended guidelines
for physical activity (60 minutes per day of moderate to
vigorous activity) and television viewing (less than 2 hours
per day of television screen time). As children get older,
their prevalence of sedentary behavior increased.
(2) During the 1950s, the United States began experiencing
a physical inactivity crisis. The issue garnered sufficient
attention that the Eisenhower Administration expressed concern
about the United States meeting its Cold War military manpower
needs. In response, the President's Council on Physical Fitness
and Sports was established in 1956 under the name of the
``President's Council on Youth Fitness''. Today, only one state
(Illinois) requires daily P.E. for grades K-12.
(3) A 2009 study published in a supplement to the
International Journal of Obesity found no association between
particular segments of the diet and subsequent weight gain.
Another key point from the study is that obesity is a complex,
multifactorial issue that can be caused in part by genetic
susceptibility, behavior, and level of physical activity.
(4) The Centers for Disease Control and Prevention states
the fundamental rule of weight management is to consume less
calories than one expends. Studies have shown one way to limit
the number of calories a person consumes is by controlling
portion size.
(5) According to Time's Health and Family, foods that are
not inherently healthy can still be eaten, but they should only
be consumed in moderation. A 1999 study found that ``flexible
dieting'' was associated with less overeating and lower body
weight then ``strict dieting.''
(6) The correlation between physical activity and longevity
is well documented. According to ``Exercise is Medicine'',
sponsored by the American College of Sports Medicine, regular,
moderate physical activity reduces the risk of heart disease by
40 percent, lowers the risk of stroke by 27 percent, reduces
the incidence of high blood pressure by almost 50 percent,
reduces the incidence of diabetes by 50 percent, can reduce
mortality and the risk of recurrent breast cancer by almost 50
percent, can lower the risk of colon cancer by over 60 percent,
can reduce the risk of developing Alzheimer's Disease by one
third, and can decrease depression as effectively as
medications or behavioral therapy.
(7) A 2005 review published in Obesity Reviews found that
increasing physical activity participation and decreasing
television viewing should be the focus of strategies aimed at
preventing and treating overweight and obesity in youth. The
authors compared estimates of the prevalence of overweight
among school-aged youth in 34 countries and examined
associations between overweight and selected dietary and
physical activity patterns.
(8) According to Full Service Restaurant Magazine, several
chain restaurants now offer their customers the option of
smaller portions of customer favorites. T.G.I. Friday's, for
example, offers the ``Right Portion, Right Price'' menu while
California Pizza Kitchen has a ``Smaller Cravings'' program.
(9) As told by the New York Times, McDonald's restaurants
in September 2012 began posting calorie information on the
large menus inside their restaurants. McDonald's also lists
items that have 400 calories or less in its ``Favorites Under
400'' menu.
(10) According to Reuters, in 2010, Panera Bread became the
first national restaurant chain to voluntarily post calorie
information on their menus. Subway restaurants have also
voluntarily made their calorie information accessible to the
public.
(11) Reported by the New York Times, non-alcoholic beverage
companies such as PepsiCo, Coca-Cola, Dr Pepper Snapple, and
Sunny D are revamping vending offerings and posting caloric
information on the front of every can, bottle, and pack. In
addition, these companies have removed full-calorie soft drinks
from the nation's schools and continue to provide consumers
with calorie information, a variety of choices, and smaller
portions.
SEC. 3. FUNDING RESTRICTION.
No part of any appropriation contained in any Act may be used for
print, radio, television or any other media advertisement, campaign, or
form of publicity against the use of a food or non-alcoholic beverage
that is lawfully marketed under the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.). | Stopping Taxpayer Outlays for Propaganda Act or STOP Act - Prohibits the use of any part of any appropriation contained in any Act for print, radio, television or any other media advertisement, campaign, or form of publicity against the use of a food or non-alcoholic beverage that is lawfully marketed under the Federal Food, Drug, and Cosmetic Act. | {"src": "billsum_train", "title": "STOP Act"} | 1,002 | 85 | 0.22371 | 0.65474 | -0.234709 | 9.910448 | 14.164179 | 0.985075 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Agricultural Disaster
Assistance Act of 2004''.
SEC. 2. CROP DISASTER ASSISTANCE.
(a) Definitions.--In this section:
(1) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(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) Emergency Financial Assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)), the
Secretary of Agriculture (referred to in this Act as the ``Secretary'')
shall use such sums as are necessary of funds of the Commodity Credit
Corporation to make emergency financial assistance authorized under
this section available to producers on a farm that have incurred
qualifying crop or quality losses for the 2003 or 2004 crop (as elected
by a producer), but not both, due to damaging weather or related
condition, as determined by the Secretary.
(c) 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 (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.
(d) Reduction in Payments.--The amount of assistance that a
producer would otherwise receive for a qualifying crop or quality loss
under this section shall be reduced by the amount of assistance that
the producer receives under the crop loss assistance program announced
by the Secretary on August 27, 2004.
(e) Ineligibility for Assistance.--Except as provided in subsection
(f), the producers on a farm shall not be eligible for assistance under
this section with respect to 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 under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses; 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) for the crop
incurring the losses.
(f) Contract Waiver.--The Secretary may waive subsection (e) with
respect to the producers on a farm if the producers enter into a
contract with the Secretary under which the producers agree--
(1) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(2) in the case of a noninsurable commodity, 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 2 crops under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(g) Effect of Violation.--In the event of the violation of a
contract under subsection (f) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance provided
to the producer under this section.
SEC. 3. LIVESTOCK ASSISTANCE PROGRAM.
(a) In General.--The Secretary shall use such sums as are necessary
of funds of the Commodity Credit Corporation to make and administer
payments for livestock losses to producers for 2003 or 2004 losses (as
elected by a producer), but not both, in a county that has received an
emergency designation by the President or the Secretary after January
1, 2003, of which an amount determined by the Secretary shall be made
available for the American Indian livestock program under section 806
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(b) Administration.--The Secretary shall make assistance available
under this section in the same manner as provided under section 806 of
the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2001 (Public Law 106-387; 114
Stat. 1549A-51).
(c) Mitigation.--In determining the eligibility for or amount of
payments for which a producer is eligible under the livestock
assistance program, the Secretary shall not penalize a producer that
takes actions (recognizing disaster conditions) that reduce the average
number of livestock the producer owned for grazing during the
production year for which assistance is being provided.
SEC. 4. TREE ASSISTANCE PROGRAM.
The Secretary shall use such sums as are necessary of the funds of
the Commodity Credit Corporation to provide assistance under the tree
assistance program established under subtitle C of title X of the Farm
Security and Rural Investment Act of 2002 to producers who suffered
tree losses during the winter of 2003 through 2004.
SEC. 5. COMMODITY CREDIT CORPORATION.
The Secretary 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 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.
Amounts appropriated or otherwise made available in this Act are
each designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1014). However, such amounts
shall be available only to the extent that an official budget request,
that includes designation of the entire amount of the request as an
emergency requirement, is transmitted by the President to the Congress. | Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits 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. Reduces payments for amounts received under a specified crop loss program announced in 2004.
Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years.
Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter. | {"src": "billsum_train", "title": "To provide emergency agricultural disaster assistance."} | 1,685 | 228 | 0.583909 | 1.633282 | 0.861651 | 2.043902 | 7.253659 | 0.853659 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fire Safe Communities Act of 2009''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Fire hazard area.--The term ``fire hazard area'' means
an area at significant risk from wildland fire as determined
by--
(A) the applicable State forestry agency or
equivalent State agency; or
(B) the Under Secretary.
(2) Fire safe community.--The term ``fire safe community''
means--
(A) a subdivision of a State that has adopted a
national wildland fire code, standard, or ordinance; or
(B) a municipality at risk that has adopted local
ordinances that--
(i) are consistent with more than one of
the elements set out in paragraph (4)(C)(ii);
and
(ii) the Under Secretary determines provide
generally accepted levels of fire protection.
(3) Municipality at risk.--The term ``municipality at
risk'' means a subdivision of a State that is located in, or
contains, a fire hazard area.
(4) National wildland fire code, standard, or ordinance.--
The term ``national wildland fire code, standard, or
ordinance'' means--
(A) the most recent publication of National Fire
Protection Association code number 1141, 1142, or 1144;
(B) the most recent publication of the
International Wildland-Urban Interface Code of the
International Code Council; or
(C) any other code which--
(i) the Under Secretary determines provides
the same, or better, standards for protection
against wildland fire as a code described in
subparagraph (A) or (B); and
(ii) may include--
(I) specifications for construction
materials and techniques for use in
municipalities at risk;
(II) guidelines for the placement
of utilities, defensible space, and
vegetation management;
(III) enforcement mechanisms for
compliance with defensible space
requirements;
(IV) zoning and site design
standards for new residential
construction, including the width and
placement of surrounding fuel breaks
and description of unsafe areas to
locate new homes, such as the top of
highly dangerous canyons that funnel
wildfire heat;
(V) specifications for water
supplies for firefighting;
(VI) requirements for adequate
firefighting protection, including
requirements for fire stations and
equipment;
(VII) guidelines for the
participation of fire professionals in
the development of local fire
protection models;
(VIII) standards for the protection
of roads and bridges;
(IX) standards for the egress
capacities of roads and bridges;
(X) guidelines for the marking of
buildings and homes; and
(XI) requirements for the
replacement of combustible roofing
material on existing homes.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Federal Emergency Management of the
Department of Homeland Security.
SEC. 3. ADDITIONAL FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE SAFE
COMMUNITIES.
(a) In General.--The Under Secretary may reduce the amount of the
share of non-Federal funds required by the Fire Management Assistance
Grant Program to 10 percent of the grant amount for a municipality at
risk if such municipality has adopted a--
(1) national wildland fire code, standard, or ordinance; or
(2) local ordinance, standard, or code that requires the
retrofit of existing construction that provides for increased
protection for the municipality from the threat of wildfire,
such as a requirement to replace combustible roofing material
used in existing structures.
(b) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary shall publish in the Federal
Register a final rule that includes a definition of the term ``local
ordinance, standard, or code that requires the retrofit of existing
construction that provides for increased protection for the
municipality from the threat of wildfire'' as used in subsection
(a)(2).
(c) Fire Management Assistance Grant Program Defined.--In this
section, the term ``Fire Management Assistance Grant Program'' means
the fire management assistance grant program carried out pursuant to
section 420 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5187).
SEC. 4. GRANTS FOR RESPONSIBLE DEVELOPMENT.
(a) In General.--Subject to the availability of funds for this
purpose, the Under Secretary shall award grants to municipalities at
risk--
(1) to encourage responsible development in such
municipalities;
(2) to mitigate the catastrophic effects of fires; and
(3) to encourage the retrofit of existing wildfire-prone
structures.
(b) Use of Funds.--Grants awarded under this section may be used as
follows:
(1) To enforce requirements related to hazardous fuel
reduction or brush clearing requirements on private land.
(2) To enforce requirements related to residential
construction or the code-inspection of new and existing
construction with respect to wildland fire.
(3) To award subgrants to be used for the replacement of
combustible roofs with roofs made of non-combustible roofing
material, or for enclosing eaves according to the standards
recommended.
(4) To carry out programs to educate community planners and
zoning officials on historic wildfire patterns and fire-
resistant community planning.
(c) Maximum Grant Amount.--The amount of a grant awarded under this
section may not exceed $1,000,000.
(d) Applications.--
(1) In general.--An application for a grant under this
section shall be made at such time and in such manner as the
Under Secretary shall require.
(2) Matching requirement.--
(A) In general.--Subject to subparagraph (B), the
Under Secretary shall require that a person awarded a
grant under this section for a purpose described in
subsection (a) provide non-Federal funds in an amount
equal to 25 percent of the amount of such grant for
such purpose.
(B) Waiver.--The Under Secretary may waive the
requirement of subparagraph (A) in extraordinary
circumstances.
(3) Review.--Applications for grants under this section
shall be reviewed by a panel of individuals who--
(A)(i) are fire protection experts; or
(ii) have significant expertise in fire management,
fire policy, community planning, or issues related to a
fire hazard area; and
(B) are appointed by the Under Secretary.
(4) Priority.--The panel under paragraph (3) shall give
priority to the application for a grant under this section of a
municipality at risk that has adopted an ordinance that
requires the mandatory replacement of combustible roofing
materials on existing structures.
(e) Availability of Funds.--A grant awarded under this section
shall be expended not later than 3 years after the date the grant is
awarded.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for fiscal year 2009
and each fiscal year thereafter.
SEC. 5. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS.
Section 10A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2106c) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``and the Secretary of the
Interior'' after ``The Secretary''; and
(ii) by striking ``State foresters and
equivalent State officials'' and inserting
``State foresters, equivalent State officials,
and local officials'';
(B) in paragraph (3)--
(i) by striking ``trees and forests'' and
inserting ``trees, forests, and rangelands'';
and
(ii) by inserting ``and rangeland'' after
``overall forest''; and
(C) in paragraph (4)--
(i) by inserting ``and rangeland'' after
``all forest''; and
(ii) by inserting ``and other vegetation''
after ``forest cover'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (C), by striking
``and'' at the end;
(ii) in subparagraph (D), by striking
``wildfires.'' and inserting ``wildfires;
and''; and
(iii) by adding at the end the following
new subparagraph:
``(E) to enhance the capacity of local governments
to integrate fire-resistant community and home design
into local planning, zoning, building codes, property
maintenance codes, and brush clearing ordinances.'';
(B) by amending paragraph (2) to read as follows:
``(2) Administration and implementation.--The Program shall
be--
``(A) administered by the Chief of the Forest
Service and the Secretary of the Interior; and
``(B) implemented through State foresters or
equivalent State officials.'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by striking ``Secretary,'' and inserting
``Secretary and the Secretary of the
Interior,'';
(ii) by redesignating subparagraphs (F),
(G), and (H) as subparagraphs (G), (H), and
(I), respectively; and
(iii) by inserting after subparagraph (E)
the following:
``(F) programs to build the capacity of local
governments to design and maintain fire-resistant
communities;'';
(D) in paragraph (4), by inserting ``or the
Secretary of the Interior'' after ``by the Secretary'';
and
(E) in paragraph (5), by inserting ``and the
Secretary of the Interior'' after ``The Secretary'';
(3) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(4) by inserting after subsection (b), the following new
subsection (c):
``(c) Pilot Program for Fire Safe Communities To Coordinate Across
Jurisdictional Boundaries.--
``(1) Authority.--The Secretary and the Secretary of the
Interior may carry out a pilot program to assess the
feasibility and advisability of awarding grants to fire safe
communities located near Federal land to assist in Federal
efforts to prevent and manage fires.
``(2) Use of grant funds.--A grant awarded under the pilot
program may be used as follows:
``(A) To implement or enforce local ordinances
consistent with a nationally recognized wildland fire
code, standard, or ordinance.
``(B) To complete cooperative fire agreements that
articulate the roles and responsibilities for Federal,
State, and local government entities in local wildfire
suppression and protection.
``(C) To develop or implement community wildfire
protection plans to better focus resources to address
priority areas for hazardous fuels reduction projects.
``(D) To expand education programs to raise the
awareness of homeowners and citizens of wildland fire
protection practices.
``(E) To implement training programs for
firefighters on wildland firefighting techniques and
mitigation strategies.
``(F) To acquire equipment to facilitate wildland
fire preparedness and mitigation.
``(3) Matching requirement.--
``(A) In general.--Subject to subparagraph (B), a
person awarded a grant under the pilot program to
assist in Federal efforts to prevent and manage fires
shall provide non-Federal funds in an amount equal to
25 percent of the amount of such grant for such
purpose.
``(B) Waiver.--The Secretary or the Secretary of
the Interior may waive the requirements of subparagraph
(A) in extraordinary circumstances.
``(4) Fire safe community defined.--In this subsection, the
term `fire safe community' has the meaning given that term in
section 2 of the Fire Safe Communities Act of 2009.'';
(5) in subsection (d), as redesignated by paragraph (3), by
inserting ``and the Secretary of the Interior'' after
``section, the Secretary''; and
(6) in subsection (e), as redesignated by paragraph (3)--
(A) in the matter preceding paragraph (1), by
striking ``to the Secretary'';
(B) in paragraph (1), by striking ``and'' at the
end; and
(C) by striking paragraph (2) and inserting the
following:
``(2) to the Secretary--
``(A) $35,000,000 for each of fiscal years 2009
through 2013; and
``(B) such sums as are necessary for each fiscal
year thereafter; and
``(3) to the Secretary of the Interior--
``(A) $15,000,000 for each of fiscal years 2009
through 2013; and
``(B) such sums as are necessary for each fiscal
year thereafter.''. | Fire-Safe Communities Act of 2009 - Authorizes the Under Secretary for Federal Emergency Management of the Department of Homeland Security (DHS) to reduce the amount of the share of nonfederal funds required by the Fire Management Assistance Grant Program to 10% of the grant amount for a municipality at risk if such municipality has adopted: (1) a national wildland fire code, standard, or ordinance; or (2) a local ordinance, standard, or code that requires the retrofit of existing construction that provides for increased protection for the municipality from the threat of wildfire, such as a requirement to replace combustible roofing material used in existing structures.
Directs the Under Secretary to award grants to municipalities at risk to: (1) encourage responsible development in such municipalities; (2) mitigate the catastrophic effects of fires; and (3) encourage the retrofit of existing wildfire-prone structures. Limits grant awards to $1 million. Directs the Under Secretary to require that a person awarded a grant provide nonfederal funds equal to 25% of the grant amount for the purpose of the award.
Amends the Cooperative Forestry Assistance Act of 1978 to: (1) include as a purpose of the Community and Private Land Fire Assistance Program to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building codes, property maintenance codes, and brush clearing ordinances; and (2) authorize a pilot program to assess the feasibility and advisability of awarding grants to fire-safe communities located near federal land to assist in federal efforts to prevent and manage fires. | {"src": "billsum_train", "title": "A bill to promote fire safe communities and for other purposes."} | 2,858 | 332 | 0.555686 | 1.636091 | 0.699748 | 5.679739 | 8.718954 | 0.954248 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Farm and Ranch Risk Management
Act''.
SEC. 2. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following new section:
``SEC. 468C. FARM AND RANCH RISK MANAGEMENT ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible farming business, there shall be allowed as a deduction for
any taxable year the amount paid in cash by the taxpayer during the
taxable year to a Farm and Ranch Risk Management Account (hereinafter
referred to as the `FARRM Account').
``(b) Limitation.--The amount which a taxpayer may pay into the
FARRM Account for any taxable year shall not exceed 20 percent of so
much of the taxable income of the taxpayer (determined without regard
to this section) which is attributable (determined in the manner
applicable under section 1301) to any eligible farming business.
``(c) Eligible Farming Business.--For purposes of this section, the
term `eligible farming business' means any farming business (as defined
in section 263A(e)(4)) which is not a passive activity (within the
meaning of section 469(c)) of the taxpayer.
``(d) FARRM Account.--For purposes of this section--
``(1) In general.--The term `FARRM Account' means a trust
created or organized in the United States for the exclusive
benefit of the taxpayer, but only if the written governing
instrument creating the trust meets the following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
FARRM Account shall be treated for purposes of this title as
the owner of such Account and shall be subject to tax thereon
in accordance with subpart E of part I of subchapter J of this
chapter (relating to grantors and others treated as substantial
owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a FARRM Account
of the taxpayer during such taxable year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible farming business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Gross income shall not include the
distribution of any contribution paid during a taxable year to
a FARRM Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if requirements
similar to the requirements of section 408(d)(4) are met.
``(3) Exclusion from self-employment tax.--Amounts included
in gross income under this subsection shall not be included in
determining net earnings from self-employment under section
1402.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any FARRM
Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a FARRM Account shall be
treated as made from deposits in the order in which
such deposits were made, beginning with the earliest
deposits.
``(2) Cessation in eligible farming business.--At the close
of the first disqualification period after a period for which
the taxpayer was engaged in an eligible farming business, there
shall be deemed distributed from the FARRM Account (if any) of
the taxpayer an amount equal to the balance in such Account at
the close of such disqualification period. For purposes of the
preceding sentence, the term `disqualification period' means
any period of 2 consecutive taxable years for which the
taxpayer is not engaged in an eligible farming business.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(B) Section 408(e)(4) (relating to effect of
pledging account as security).
``(C) Section 408(g) (relating to community
property laws).
``(D) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
FARRM Account on the last day of a taxable year if such payment
is made on account of such taxable year and is made within 3\1/
2\ months after the close of such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(g) Reports.--The trustee of a FARRM Account shall make such
reports regarding such Account to the Secretary and to the person for
whose benefit the Account is maintained with respect to contributions,
distributions, and such other matters as the Secretary may require
under regulations. The reports required by this subsection shall be
filed at such time and in such manner and furnished to such persons at
such time and in such manner as may be required by those
regulations.''.
(b) Deduction Allowed in Computing Adjusted Gross Income.--
Subsection (a) of section 62 of such Code (defining adjusted gross
income) is amended by inserting after paragraph (17) the following new
paragraph:
``(18) Contributions to farm and ranch risk management
accounts.--The deduction allowed by section 468C(a).''
(c) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on certain excess contributions) is amended by striking
``or'' at the end of paragraph (3), by redesignating paragraph
(4) as paragraph (5), and by inserting after paragraph (3) the
following new paragraph:
``(4) a FARRM Account (within the meaning of section
468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following new subsection:
``(g) Excess Contributions to FARRM Accounts.--For purposes of this
section, in the case of a FARRM Account (within the meaning of section
468C(d)), the term `excess contributions' means the amount by which the
amount contributed for the taxable year to the Account exceeds the
amount which may be contributed to the Account under section 468C(b)
for such taxable year. For purposes of this subsection, any
contribution which is distributed out of the FARRM Account in a
distribution to which section 468C(e)(2)(B) applies shall be treated as
an amount not contributed.''.
(d) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to prohibited transactions) is amended by adding at the end the
following new paragraph:
``(6) Special rule for farrm accounts.--A person for whose
benefit a FARRM Account (within the meaning of section 468C(d))
is established shall be exempt from the tax imposed by this
section with respect to any transaction concerning such Account
(which would otherwise be taxable under this section) if, with
respect to such transaction, the account ceases to be a FARRM
Account by reason of the application of section 468C(f)(3)(A)
to such Account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following new subparagraph:
``(E) a FARRM Account described in section
468C(d),''.
(e) Failure To Provide Reports on FARRM Accounts.--Paragraph (2) of
section 6693(a) of such Code (relating to failure to provide reports on
certain tax-favored accounts or annuities) is amended by redesignating
subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively,
and by inserting after subparagraph (B) the following new subparagraph:
``(C) section 468C(g) (relating to FARRM
Accounts),''.
(f) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following new
item:
``Sec. 468C. Farm and Ranch Risk
Management Accounts.''.
(g) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow an individual engaged in an eligible farming business to deduct a limited amount from gross income for amounts paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Prescribes penalties on amounts not distributed within five years. | {"src": "billsum_train", "title": "Farm and Ranch Risk Management Act"} | 2,544 | 105 | 0.525054 | 1.339878 | 0.778458 | 1.833333 | 24.866667 | 0.811111 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Dot Kids Implementation and
Efficiency Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the World Wide Web presents a stimulating and entertaining
opportunity for children to learn, grow, and develop educationally
and intellectually;
(2) Internet technology also makes available an extensive
amount of information that is harmful to children, as studies
indicate that a significant portion of all material available on
the Internet is related to pornography;
(3) young children, when trying to use the World Wide Web for
positive purposes, are often presented--either mistakenly or
intentionally--with material that is inappropriate for their age,
which can be extremely frustrating for children, parents, and
educators;
(4) exposure of children to material that is inappropriate for
them, including pornography, can distort the education and
development of the Nation's youth and represents a serious harm to
American families that can lead to a host of other problems for
children, including inappropriate use of chat rooms, physical
molestation, harassment, and legal and financial difficulties;
(5) young boys and girls, older teens, troubled youth, frequent
Internet users, chat room participants, online risk takers, and
those who communicate online with strangers are at greater risk for
receiving unwanted sexual solicitation on the Internet;
(6) studies have shown that 19 percent of youth (ages 10 to 17)
who used the Internet regularly were the targets of unwanted sexual
solicitation, but less than 10 percent of the solicitations were
reported to the police;
(7) children who come across illegal content should report it
to the congressionally authorized CyberTipline, an online mechanism
developed by the National Center for Missing and Exploited
Children, for citizens to report sexual crimes against children;
(8) the CyberTipline has received more than 64,400 reports,
including reports of child pornography, online enticement for
sexual acts, child molestation (outside the family), and child
prostitution;
(9) although the computer software and hardware industries, and
other related industries, have developed innovative ways to help
parents and educators restrict material that is harmful to minors
through parental control protections and self-regulation, to date
such efforts have not provided a national solution to the problem
of minors accessing harmful material on the World Wide Web;
(10) the creation of a ``green-light'' area within the United
States country code Internet domain, that will contain only content
that is appropriate for children under the age of 13, is analogous
to the creation of a children's section within a library and will
promote the positive experiences of children and families in the
United States; and
(11) while custody, care, and nurture of the child reside first
with the parent, the protection of the physical and psychological
well-being of minors by shielding them from material that is
harmful to them is a compelling governmental interest.
(b) Purposes.--The purposes of this Act are--
(1) to facilitate the creation of a second-level domain within
the United States country code Internet domain for the location of
material that is suitable for minors and not harmful to minors; and
(2) to ensure that the National Telecommunications and
Information Administration oversees the creation of such a second-
level domain and ensures the effective and efficient establishment
and operation of the new domain.
SEC. 3. NTIA AUTHORITY.
Section 103(b)(3) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 902(b)(3)) is
amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) shall assign to the NTIA responsibility for providing
for the establishment, and overseeing operation, of a second-
level Internet domain within the United States country code
domain in accordance with section 157.''.
SEC. 4. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
The National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended in part C by adding
at the end the following new section:
``SEC. 157. CHILD-FRIENDLY SECOND-LEVEL INTERNET DOMAIN.
``(a) Responsibilities.--The NTIA shall require the registry
selected to operate and maintain the United States country code
Internet domain to establish, operate, and maintain a second-level
domain within the United States country code domain that provides
access only to material that is suitable for minors and not harmful to
minors (in this section referred to as the `new domain').
``(b) Conditions of Contracts.--
``(1) Initial registry.--The NTIA shall not exercise any option
periods under any contract between the NTIA and the initial
registry to operate and maintain the United States country code
Internet domain unless the initial registry agrees, during the 90-
day period beginning upon the date of the enactment of the Dot Kids
Implementation and Efficiency Act of 2002, to carry out, and to
operate the new domain in accordance with, the requirements under
subsection (c). Nothing in this subsection shall be construed to
prevent the initial registry of the United States country code
Internet domain from participating in the NTIA's process for
selecting a successor registry or to prevent the NTIA from
awarding, to the initial registry, the contract to be successor
registry subject to the requirements of paragraph (2).
``(2) Successor registries.--The NTIA shall not enter into any
contract for operating and maintaining the United States country
code Internet domain with any successor registry unless such
registry enters into an agreement with the NTIA, during the 90-day
period after selection of such registry, that provides for the
registry to carry out, and the new domain to operate in accordance
with, the requirements under subsection (c).
``(c) Requirements of New Domain.--The registry and new domain
shall be subject to the following requirements:
``(1) Written content standards for the new domain, except that
the NTIA shall not have any authority to establish such standards.
``(2) Written agreements with each registrar for the new domain
that require that use of the new domain is in accordance with the
standards and requirements of the registry.
``(3) Written agreements with registrars, which shall require
registrars to enter into written agreements with registrants, to
use the new domain in accordance with the standards and
requirements of the registry.
``(4) Rules and procedures for enforcement and oversight that
minimize the possibility that the new domain provides access to
content that is not in accordance with the standards and
requirements of the registry.
``(5) A process for removing from the new domain any content
that is not in accordance with the standards and requirements of
the registry.
``(6) A process to provide registrants to the new domain with
an opportunity for a prompt, expeditious, and impartial dispute
resolution process regarding any material of the registrant
excluded from the new domain.
``(7) Continuous and uninterrupted service for the new domain
during any transition to a new registry selected to operate and
maintain new domain or the United States country code domain.
``(8) Procedures and mechanisms to promote the accuracy of
contact information submitted by registrants and retained by
registrars in the new domain.
``(9) Operationality of the new domain not later than one year
after the date of the enactment of the Dot Kids Implementation and
Efficiency Act of 2002.
``(10) Written agreements with registrars, which shall require
registrars to enter into written agreements with registrants, to
prohibit two-way and multiuser interactive services in the new
domain, unless the registrant certifies to the registrar that such
service will be offered in compliance with the content standards
established pursuant to paragraph (1) and is designed to reduce the
risk of exploitation of minors using such two-way and multiuser
interactive services.
``(11) Written agreements with registrars, which shall require
registrars to enter into written agreements with registrants, to
prohibit hyperlinks in the new domain that take new domain users
outside of the new domain.
``(12) Any other action that the NTIA considers necessary to
establish, operate, or maintain the new domain in accordance with
the purposes of this section.
``(d) Option Periods for Initial Registry.--The NTIA shall grant
the initial registry the option periods available under the contract
between the NTIA and the initial registry to operate and maintain the
United States country code Internet domain if, and may not grant such
option periods unless, the NTIA finds that the initial registry has
satisfactorily performed its obligations under this Act and under the
contract. Nothing in this section shall preempt or alter the NTIA's
authority to terminate such contract for the operation of the United
States country code Internet domain for cause or for convenience.
``(e) Treatment of Registry and Other Entities.--
``(1) In general.--Only to the extent that such entities carry
out functions under this section, the following entities are deemed
to be interactive computer services for purposes of section 230(c)
of the Communications Act of 1934 (47 U.S.C. 230(c)):
``(A) The registry that operates and maintains the new
domain.
``(B) Any entity that contracts with such registry to carry
out functions to ensure that content accessed through the new
domain complies with the limitations applicable to the new
domain.
``(C) Any registrar for the registry of the new domain that
is operating in compliance with its agreement with the
registry.
``(2) Savings provision.--Nothing in paragraph (1) shall be
construed to affect the applicability of any other provision of
title II of the Communications Act of 1934 to the entities covered
by subparagraph (A), (B), or (C) of paragraph (1).
``(f) Education.--The NTIA shall carry out a program to publicize
the availability of the new domain and to educate the parents of minors
regarding the process for utilizing the new domain in combination and
coordination with hardware and software technologies that provide for
filtering or blocking. The program under this subsection shall be
commenced not later than 30 days after the date that the new domain
first becomes operational and accessible by the public.
``(g) Coordination With Federal Government.--The registry selected
to operate and maintain the new domain shall--
``(1) consult with appropriate agencies of the Federal
Government regarding procedures and actions to prevent minors and
families who use the new domain from being targeted by adults and
other children for predatory behavior, exploitation, or illegal
actions; and
``(2) based upon the consultations conducted pursuant to
paragraph (1), establish such procedures and take such actions as
the registry may deem necessary to prevent such targeting.
The consultations, procedures, and actions required under this
subsection shall be commenced not later than 30 days after the date
that the new domain first becomes operational and accessible by the
public.
``(h) Compliance Report.--The registry shall prepare, on an annual
basis, a report on the registry's monitoring and enforcement procedures
for the new domain. The registry shall submit each such report, setting
forth the results of the review of its monitoring and enforcement
procedures for the new domain, to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(i) Suspension of New Domain.--If the NTIA finds, pursuant to its
own review or upon a good faith petition by the registry, that the new
domain is not serving its intended purpose, the NTIA shall instruct the
registry to suspend operation of the new domain until such time as the
NTIA determines that the new domain can be operated as intended.
``(j) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Harmful to minors.--The term `harmful to minors' means,
with respect to material, that--
``(A) the average person, applying contemporary community
standards, would find, taking the material as a whole and with
respect to minors, that it is designed to appeal to, or is
designed to pander to, the prurient interest;
``(B) the material depicts, describes, or represents, in a
manner patently offensive with respect to minors, an actual or
simulated sexual act or sexual contact, an actual or simulated
normal or perverted sexual act, or a lewd exhibition of the
genitals or post-pubescent female breast; and
``(C) taken as a whole, the material lacks serious,
literary, artistic, political, or scientific value for minors.
``(2) Minor.--The term `minor' means any person under 13 years
of age.
``(3) Registry.--The term `registry' means the registry
selected to operate and maintain the United States country code
Internet domain.
``(4) Successor registry.--The term `successor registry' means
any entity that enters into a contract with the NTIA to operate and
maintain the United States country code Internet domain that covers
any period after the termination or expiration of the contract to
operate and maintain the United States country code Internet
domain, and any option periods under such contract, that was signed
on October 26, 2001.
``(5) Suitable for minors.--The term `suitable for minors'
means, with respect to material, that it--
``(A) is not psychologically or intellectually
inappropriate for minors; and
``(B) serves--
``(i) the educational, informational, intellectual, or
cognitive needs of minors; or
``(ii) the social, emotional, or entertainment needs of
minors.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Dot Kids Implementation and Efficiency Act of 2002 - Amends the National Telecommunications and Information Administration Organization Act to direct the Secretary of Commerce to assign to the National Telecommunications and Information Administration (NTIA) responsibility for providing for the establishment, and overseeing operation, of a second-level Internet domain within the U.S. country code domain that provides access only to materials suitable for, and not harmful to, minors. Directs NTIA to require the same registry selected to operate and maintain the U.S. country code Internet domain to establish, operate, and maintain such second-level domain. Prohibits NTIA from exercising any option periods under a contract with the initial registry to operate and maintain the United States country code Internet domain, or from entering into a new contract with a successor registry, unless such registry enters into an agreement with NTIA which requires the registry to carry out, and the new domain to operate under, specified requirements, including: (1) written content standards for the new domain and a process for the removal of content that does not meet such standards; (2) procedures to promote the accuracy of information submitted by registrants; and (3) a requirement that the new domain is operational within one year after the enactment of this Act.Requires NTIA to publicize the availability of the new domain and to educate parents of minors regarding the process for utilizing such domain in coordination with filtering or blocking technologies.Directs the registry to annually prepare and submit to specified congressional committees a report on the its monitoring and enforcement procedures for the new domain.Authorizes NTIA to suspend from new domain operation a registry found not to be serving its intended purpose. | {"src": "billsum_train", "title": "To facilitate the creation of a new, second-level Internet domain within the United States country code domain that will be a haven for material that promotes positive experiences for children and families using the Internet, provides a safe online environment for children, and helps to prevent children from being exposed to harmful material on the Internet, and for other purposes."} | 3,105 | 367 | 0.448245 | 1.487077 | 0.707027 | 3.798077 | 9.358974 | 0.919872 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Democracy in Presidential Debates
Act of 1993''.
SEC. 2. DEFINITION OF PRESIDENTIAL CANDIDATE DEBATE AND PRESIDENTIAL
PRIMARY DEBATE.
Section 9002 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraphs:
``(13) The term `Presidential primary debate' means a
debate held prior to the first Presidential primary or caucus
in which each candidate who receives primary matching funds is
mandated to appear and participate in a regulated exchange of
questions and answers on political, economic, and other issues.
``(14) The term `Presidential candidate debate' means, with
regard to any Presidential election, a debate at which each
candidate nominated for election to the office of President by
a political party or as an independent candidate meeting the
qualifications set forth in this title, appears and
participates in a regulated exchange of questions and answers
on political, economic, and other issues.''
SEC. 3. PRESIDENTIAL PRIMARY DEBATES.
(a) In General.--Chapter 96 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new section:
``SEC. 9043. PRESIDENTIAL PRIMARY DEBATE.
``(a) Additional Eligibility Requirements.--In addition to the
requirements specified in section 9033, in order to be eligible to
receive any payments under section 9037, the candidates for the office
of President in a Presidential primary election shall agree in
writing--
``(1) that the Presidential candidate will participate in
one Presidential primary debate with the other candidates
meeting the criteria set out in this section;
``(2) to participate in such Presidential primary debate,
which shall be held on or after January 15 of election year,
but at least one week before the first primary or caucus of the
election year;
``(3) to participate in one such Presidential primary
debate as sponsored by a nonpartisan organization or
organizations having no affiliation with any political party.
If on December 31 there are 6 or fewer candidates who are obligated to
debate or who are eligible and wish to participate, then there should
be 1 debate among the 6 or fewer candidates. If on December 31 there
are more than 6 candidates obligated or eligible and wishing to
participate, then there will be 2 debates, and the candidates would be
obligated to participate in exactly 1, of their choice. If this formula
should result in 1 of the debates having only 1 participant, then
placement should be determined by lot. Each debate under this
subsection shall last at least 90 minutes, of which not less than 30
minutes shall be devoted to questions and answers or discussion
directly between the candidates, as determined by the sponsor. The
sponsor of the debates shall announce the time, location, and format of
each debate prior to the first Monday of January of the election year.
``(b) Enforceability.--If the Commission determines that a
Presidential candidate who has received payments under section 9037
failed to participate in a primary debate under subsection (a) and was
responsible at least in part for such failure, the candidate shall pay
to the Secretary of the Treasury an amount equal to the amount of the
payments made to such candidate under section 9037.
``(c) Criteria for Eligibility to Participate in Primary Debate.--
In order to be eligible to participate in primary debates, as set out
in this section, a candidate must have qualified to receive payments
under section 9033 and this section by January 1 of the election year.
``(d) Sponsoring Organizations.--Any sponsoring organization
assuming responsibility for organizing the debates provided for in this
section shall include in at least 1 debate, each primary candidate who
meets the criteria in this section.''
(b) Clerical Amendment.--The table of sections for chapter 96 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following new item:
``Sec. 9043. Presidential primary
debates.''
SEC. 4. PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE DEBATES.
Section 9003 of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(e) Presidential and Vice Presidential Candidate Debates.--
``(1) Agreement to debate.--In addition to meeting the
requirements of subsection (a), (b), or (c), in order to be
eligible to receive any payments under section 9006, the
candidates for the office of President and Vice President in a
Presidential election shall agree in writing--
``(A) that the Presidential candidate will
participate in not less than 2 Presidential general
election debates with all other candidates meeting the
criteria set out in this section;
``(B) to participate in such Presidential debates,
1 of which shall be held in the month of September
before the Presidential election and 1 of which shall
be held in the month of October at least 2 weeks prior
to the election;
``(C) that the Vice Presidential candidate will
participate in not less than 1 Vice Presidential
general election debate with all other candidates
meeting the criteria set out in this section;
``(D) to participate in such debate, which shall be
held in the month of October between the 2 Presidential
debates; and
``(E) to participate in such Presidential and Vice
Presidential debates as sponsored by a nonpartisan
organization or organizations having no affiliation
with any political party.
Each debate under this subsection shall last at least 90 minutes, of
which not less than 30 minutes shall be devoted to questions and
answers or discussion directly between the candidates, as determined by
the sponsor. The sponsor of the debates shall announce the time,
location, and format of each debate prior to the first Monday in
September before the Presidential election.
``(2) Enforceability.--If the Commission determines that a
Presidential or Vice Presidential candidate failed to
participate in a general election debate under subsection (a)
and was responsible at least in part for such failure, the
candidate of the party involved shall pay to the Secretary of
the Treasury an amount equal to the amount of the payments made
to such candidate under section 9006.
``(3) Criteria for eligibility to participate in general
election debates.--In order to be eligible to participate in
general election debates, as set out in this section, a
candidate must meet the following criteria:
``(A) Ballot qualifications.--Such candidate has
qualified for the election ballot as the candidate of a
political party or as an independent candidate to the
office of President or Vice President in not less than
40 States.
``(B) Financial qualifications.--Such candidate--
``(i) has qualified to receive payments
under section 9033 and this section; or
``(ii) as reported under section 304 of the
Federal Election Campaign Act of 1971, has
raised not less than $500,000 on or after
January 1 of the calendar year immediately
preceding the calendar year of the Presidential
election.
``(4) Sponsoring organization.--Any sponsoring organization
shall include in the general election debates all candidates
who meet the criteria in this section.''
SEC. 5. TECHNICAL AMENDMENT.
Section 9032(2)(A) of the Internal Revenue Code of 1986 is amended
by inserting after ``election,'' the following: ``including, for
independent or minor party candidates, initiating petition signature
gathering activities to be placed on the ballot for the general
election''. | Democracy in Presidential Debates Act of 1993 - Amends the Internal Revenue Code to require as a condition of eligibility to receive payments from the Presidential Election Campaign Fund that presidential candidates agree to participate in at least one primary election debate and two general election debates sponsored by a nonpartisan entity. Requires a corresponding agreement by vice-presidential candidates, but for a minimum of only one general election debate. | {"src": "billsum_train", "title": "Democracy in Presidential Debates Act of 1993"} | 1,636 | 92 | 0.562319 | 1.390836 | 0.964901 | 1.92 | 20.533333 | 0.826667 |
TITLE I--CASA MALPAIS
SEC. 101. CONGRESSIONAL FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds and declares that--
(1) the Casa Malpais National Historic Landmark was
occupied by one of the largest and most sophisticated Mogollon
communities in the United States;
(2) the landmark includes a 58-room masonry pueblo,
including stairways, Great Kiva complex, and fortification
walls, a prehistoric trail, and catacomb chambers where the
deceased were placed;
(3) the Casa Malpais was designated as a national historic
landmark by the Secretary of the Interior in 1964; and
(4) the State of Arizona and the community of Springerville
are undertaking a program of interpretation and preservation of
the landmark.
(b) Purpose.--It is the purpose of this title to assist in the
preservation and interpretation of the Casa Malpais National Historic
Landmark for the benefit of the public.
SEC. 102. COOPERATIVE AGREEMENTS.
(a) In General.--In furtherance of the purpose of this title, the
Secretary of the Interior is authorized to enter into cooperative
agreements with the State of Arizona and the town of Springerville,
Arizona, pursuant to which the Secretary may provide technical
assistance to interpret, operate, and maintain the Casa Malpais
National Historic Landmark and may also provide financial assistance
for planning, staff training, and development of the Casa Malpais
National Historic Landmark, but not including other routine operations.
(b) Additional Provisions.--Any such agreement may also contain
provisions that--
(1) the Secretary, acting through the Director of the
National Park Service, shall have right to access at all
reasonable times to all public portions of the property covered
by such agreement for the purpose of interpreting the landmark;
and
(2) no changes or alterations shall be made in the landmark
except by mutual agreement between the Secretary and the other
parties to all such agreements.
SEC. 103. APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to provide financial assistance in accordance with this
title.
TITLE II--LOWER EASTSIDE TENEMENT
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) immigration, and the resulting diversity of cultural
influences, is a key factor in defining American identity; the
majority of United States citizens trace their ancestry to
persons born in nations other than the United States;
(2) the latter part of the 19th century and the early part
of the 20th century marked a period in which the volume of
immigrants coming to the United States far exceeded that of any
time prior to or since that period;
(3) no single identifiable neighborhood in the United
States absorbed a comparable number of immigrants than the
Lower East Side neighborhood of Manhattan in New York City;
(4) the Lower East Side Tenement at 97 Orchard Street in
New York City is an outstanding survivor of the vast number of
humble buildings that housed immigrants to New York City during
the greatest wave of immigration in American history;
(5) the Lower East Side Tenement is owned and operated as a
museum by the Lower East Side Tenement Museum;
(6) the Lower East Side Tenement Museum is dedicated to
interpreting immigrant life within a neighborhood long
associated with the immigrant experience in the United States,
New York's Lower East Side, and its importance to United States
history; and
(7) the National Park Service found the Lower East Side
Tenement at 97 Orchard Street to be nationally significant; the
Secretary of the Interior declared it a National Historic
Landmark on April 19, 1994, and the National Park Service
through a special resource study found the Lower East Side
Tenement suitable and feasible for inclusion in the National
Park System.
(b) Purposes.--The purposes of this title are--
(1) to ensure the preservation, maintenance, and
interpretation of this site and to interpret at the site the
themes of immigration, tenement life in the later half of the
19th century and the first half of the 20th century, the
housing reform movement, and tenement architecture in the
United States;
(2) to ensure continued interpretation of the nationally
significant immigrant phenomenon associated with New York
City's Lower East Side and its role in the history of
immigration to the United States; and
(3) to enhance the interpretation of the Castle Clinton,
Ellis Island, and Statue of Liberty National Monuments.
SEC. 202. DEFINITIONS.
As used in this title:
(1) Historic site.--The term ``historic site'' means the
Lower East Side Tenement at 97 Orchard Street on Manhattan
Island in New York City, New York, and designated as a national
historic site by section 4.
(2) Museum.--The term ``Museum'' means the Lower East Side
Tenement Museum, a nonprofit organization established in New
York City, which owns and operates the tenement building at 97
Orchard Street and manages other properties in the vicinity of
97 Orchard Street as administrative and program support
facilities for 97 Orchard Street.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 203. ESTABLISHMENT OF HISTORIC SITE.
(a) Designation.--To further the purposes of this title and the Act
entitled ``An Act to provide for the preservation of historic American
sites, buildings, objects, and antiquities of national significance,
and for other purposes'', approved August 21, 1935 (16 U.S.C. 461 et
seq.), the Lower East Side Tenement at 97 Orchard Street, in the City
of New York, State of New York, is designated a national historic site.
(b) Status as Affiliated Site.--The Lower East Side Tenement
National Historic Site shall be an affiliated site of the National Park
System. The Secretary shall coordinate the operation and interpretation
of the historic site with that of the Lower East Side Tenement Historic
Site and the Statue of Liberty, Ellis Island, and Castle Clinton
National Monument, as the historic site's story and interpretation of
the immigrant experience in the United States is directly related to
the themes and purposes of these national Monuments.
(c) Ownership and Operation.--The Lower East Side Tenement National
Historic Site shall continue to be owned, operated, and managed by the
Lower East Side Tenement Museum, a nonprofit institution.
SEC. 204. MANAGEMENT OF THE SITE.
(a) Cooperative Agreement.--The Secretary is authorized to enter
into a cooperative agreement with the Lower East Side Tenement Museum
to ensure the marking, interpretation, and preservation of the national
historic site designated by this title.
(b) Assistance.--The Secretary is authorized to provide technical
and financial assistance to the Lower East Side Tenement Museum to
mark, interpret, and preserve the national historic site including the
making of preservation-related capital improvements and repairs.
(c) Management Plan.--The Secretary shall, working with the Lower
East Side Tenement Museum, develop a general management plan for the
historic site to define the National Park Service's roles and
responsibilities with regard to the interpretation and the preservation
of the national historic site. The plan shall also outline how
interpretation and programming for the Lower East Side Tenement
National Historic Site and the Statue of Liberty, Ellis Island, and
Castle Clinton national monuments will be integrated and coordinated so
as to enhance the stories at each of the 4 sites. Such plan shall be
completed within 2 years after the enactment of this Act.
(d) Savings Clause.--Nothing in this title authorizes the Secretary
to acquire the property at 97 Orchard Street or to assume overall
financial responsibility for the operation, maintenance, or management
of the Lower East Side Tenement National Historic Site.
SEC. 205. APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title. | TABLE OF CONTENTS:
Title I: Casa Malpais
Title II: Lower East Side Tenement
Title I: Casa Malpais
- Authorizes the Secretary of the Interior to enter into cooperative agreements to provide to Arizona and the town of Springerville, Arizona, technical assistance to interpret, operate, and maintain the Casa Malpais National Historical Landmark and financial assistance for planning, staff training, and development of the Landmark, but not other routine operations. Provides that such agreements may also: (1) grant the Secretary, acting through the National Park Service, access to public portions of the property covered by the agreements for the purpose of interpreting the Landmark; and (2) prohibit changes or alterations to the Landmark except by mutual agreement between the Secretary and the other parties to all such agreements.
Authorizes appropriations.
Title II: Lower East Side Tenement
- Designates the Lower East Side Tenement at 97 Orchard Street, New York, New York, as a national historic site and an affiliated site of the National Park System.
Requires the Secretary of the Interior to coordinate the operation and interpretation of the Site with that of the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monument. Provides that the Lower East Side Tenement Museum shall continue to own, operate, and manage the Site.
Authorizes the Secretary to enter into a cooperative agreement with the Museum to ensure the marking, interpretation, and preservation of the Site.
Requires the Secretary, working with the Museum, to develop a general management plan for the Site to: (1) define the National Park Service's roles and responsibilities with regard to the interpretation and the preservation of the Site; and (2) outline how interpretation and programming for the Lower East Side Tenement Historic Site, the Statue of Liberty, Ellis Island, and Castle Clinton National Monuments will be integrated and coordinated so as to enhance the stories at each of the four Sites.
Authorizes appropriations. | {"src": "billsum_train", "title": "To authorize the Secretary of the Interior to provide assistance to the Casa Malpais National Historic Landmark in Springerville, Arizona, and to establish the Lower East Side Tenement National Historic Site, and for other purposes."} | 1,742 | 425 | 0.678692 | 2.516302 | 0.849525 | 5.222506 | 4.046036 | 0.936061 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``George Washington Memorial Parkway
Boundary Revision Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Federal Highway Administration's Turner-Fairbank
Highway Research Center is adjacent to the George Washington
Memorial Parkway and national park lands associated with the
parkway that are owned by the United States.
(2) Therefore, a new access road was constructed to allow
unrestricted access to the Farm's administrative and
maintenance area and to support the Research Center's security
measures.
(3) The heightened security at the Research Center and at
the Central Intelligence Agency, which is in immediate
proximity to the Research Center, put new restrictions on
unauthorized entry onto controlled property that affects
employees, visitors, volunteers, and others seeking access to
the administrative and maintenance area of the Claude Moore
Colonial Farm.
(4) The Federal Highway Administration and the National
Park Service have each selected a parcel of adjacent land to be
transferred related to the new access road to the Farm and to
provide for a visible buffer outside the perimeter fence of the
Research Center for needed security.
(5) The National Park Service has placed use restrictions
on another parcel of land for the benefit of the Research
Center.
(6) The Federal Highway Administration and the National
Park Service have signed an agreement to effect the transfer of
administrative jurisdiction of the land and the use restriction
between the George Washington Memorial Parkway and the Research
Center.
(b) Purpose.--The purpose of this Act is to authorize, direct,
facilitate, and expedite the transfer of administrative jurisdiction of
certain Federal land in accordance with the terms and conditions of
this Act.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Agreement.--The term ``Agreement'' means the agreement
titled ``Agreement Between the National Park Service and the
Federal Highway Administration-Turner Fairbanks Research
Center'' dated September 11, 2002.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Research center.--The term ``Research Center'' means
the Federal Highway Administration's Turner-Fairbank Highway
Research Center.
(4) Farm.--The term ``Farm'' means the Claude Moore
Colonial Farm.
(5) Map.--The term ``Map'' means the map titled, ``GWMP -
Claude Moore Proposed Boundary Adjustment'', numbered
850,82003, and dated April 2004, which the Secretary shall make
available for public inspection in the appropriate offices of
the National Park Service.
SEC. 4. ADMINISTRATIVE JURISDICTION TRANSFER.
(a) Transfer of Jurisdiction.--The Secretary and the Secretary of
Transportation are authorized to exchange administrative jurisdiction
over the approximately 0.342 acre of land under the jurisdiction of the
Department of the Interior within the boundary of the George Washington
Memorial Parkway, generally depicted as ``B'' on the Map, and the
approximately 0.479 acres of land under the jurisdiction of the
Department of Transportation within the boundary of the Research Center
and adjacent to the boundary of the George Washington Memorial Parkway,
generally depicted as ``A'' on the Map.
(b) Use Restriction.--The Secretary shall restrict the use of 0.139
acre of land within the boundary of the George Washington Memorial
Parkway immediately adjacent to part of the north perimeter fence of
the Research Center, generally depicted as ``C'' on the Map, by
prohibiting the storage, construction, or installation of any item that
may obstruct the view from the Research Center into the George
Washington Memorial Parkway.
(c) Reimbursement or Consideration.--The transfer of administrative
jurisdiction under subsection (a) shall occur without reimbursement or
consideration.
(d) Compliance With Agreement.--
(1) In general.--The National Park Service and the Federal
Highway Administration shall comply with all terms and
conditions of the Agreement regarding the transfer of
administrative jurisdiction, management, and maintenance of the
lands discussed in the Agreement.
(2) Access to restricted land.--The Secretary shall allow
the Research Center access to the land restricted by the
Secretary under subsection (b) for the purpose of complying
with the Research Center's responsibilities under the Agreement
referenced in paragraph (1). All such responsibilities shall be
carried out in compliance with the Agreement, including the
provisions that the Research Center may take the following
actions on the land only after receiving written approval for
such activity from the Secretary:
(A) Pruning or removal of any tree 6 inches or more
in diameter.
(B) Application or use of any pesticide.
SEC. 5. MANAGEMENT OF TRANSFERRED LANDS.
(a) Interior Land.--The land administrative jurisdiction over which
is transferred to the Secretary under section 4(a) shall be included in
the boundaries of the George Washington Memorial Parkway and shall be
administered by the National Park Service as part of the parkway
subject to applicable laws and regulations.
(b) Transportation Land.--The land administrative jurisdiction over
which is transferred to the Secretary of Transportation under section
4(a) shall be included in the boundary of the Research Center.
(c) Restricted-Use Land.--The land the Secretary has designated for
restricted use under section 4(b) shall be maintained by the Research
Center. | George Washington Memorial Parkway Boundary Revision Act - Authorizes the exchange, between the Secretary of the Interior and the Secretary of Transportation, of administrative jurisdiction over certain land under the jurisdiction of the Department of the Interior within the boundary of the George Washington Memorial Parkway in McLean, Virginia, and certain land under the jurisdiction of the Department of Transportation within the boundary of the Federal Highway Administration's Turner-Fairbank Highway Research Center and adjacent to the boundary of the Parkway. | {"src": "billsum_train", "title": "To authorize the exchange, between the Secretary of the Interior and the Secretary of Transportation, of administrative jurisdiction of Federal land at the George Washington Memorial Parkway in McLean, Virginia, and for other purposes."} | 1,177 | 103 | 0.577155 | 1.604094 | 0.720875 | 5.125 | 12.295455 | 0.965909 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Make College Affordable Act of
2003''.
SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER EDUCATION EXPENSES.
(a) Amount of Deduction.--Subsection (b) of section 222 of the
Internal Revenue Code of 1986 (relating to deduction for qualified
tuition and related expenses) is amended to read as follows:
``(b) Limitations.--
``(1) Dollar limitations.--
``(A) In general.--Except as provided in paragraph
(2), the amount allowed as a deduction under subsection
(a) with respect to the taxpayer for any taxable year
shall not exceed the applicable dollar limit.
``(B) Applicable dollar limit.--The applicable
dollar limit for any taxable year shall be determined
as follows:
Applicable
``Taxable year: dollar amount:
2003.......................................... $8,000
2004 and thereafter........................... $12,000.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--The amount which would (but for
this paragraph) be taken into account under subsection
(a) shall be reduced (but not below zero) by the amount
determined under subparagraph (B).
``(B) Amount of reduction.--The amount determined
under this subparagraph equals the amount which bears
the same ratio to the amount which would be so taken
into account as--
``(i) the excess of--
``(I) the taxpayer's modified
adjusted gross income for such taxable
year, over
``(II) $65,000 ($130,000 in the
case of a joint return), bears to
``(ii) $15,000 ($30,000 in the case of a
joint return).
``(C) Modified adjusted gross income.--For purposes
of this paragraph, the term `modified adjusted gross
income' means the adjusted gross income of the taxpayer
for the taxable year determined--
``(i) without regard to this section and
sections 911, 931, and 933, and
``(ii) after the application of sections
86, 135, 137, 219, 221, and 469.
For purposes of the sections referred to in clause
(ii), adjusted gross income shall be determined without
regard to the deduction allowed under this section.
``(D) Inflation adjustments.--
``(i) In general.--In the case of any
taxable year beginning in a calendar year after
2003, both of the dollar amounts in
subparagraph (B)(i)(II) shall be increased by
an amount equal to--
``(I) such dollar amount,
multiplied by
``(II) the cost-of-living
adjustment determined under section
1(f)(3) for the calendar year in which
the taxable year begins, by
substituting `calendar year 2002' for
`calendar year 1992' in subparagraph
(B) thereof.
``(ii) Rounding.--If any amount as adjusted
under clause (i) is not a multiple of $50, such
amount shall be rounded to the nearest multiple
of $50.''.
(b) Qualified Tuition and Related Expenses of Eligible Students.--
(1) In general.--Section 222(a) of the Internal Revenue
Code of 1986 (relating to allowance of deduction) is amended by
inserting ``of eligible students'' after ``expenses''.
(2) Definition of eligible student.--Section 222(d) of such
Code (relating to definitions and special rules) is amended by
redesignating paragraphs (2) through (6) as paragraphs (3) through (7),
respectively, and by inserting after paragraph (1) the following new
paragraph:
``(2) Eligible student.--The term `eligible student' has
the meaning given such term by section 25A(b)(3).''.
(c) Deduction Made Permanent.--Title IX of the Economic Growth and
Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to the amendments made by section 431 of
such Act.
(d) Effective Date.--The amendments made by this section shall
apply to payments made in taxable years beginning after December 31,
2002.
SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by inserting after section 25B the
following new section:
``SEC. 25C. INTEREST ON HIGHER EDUCATION LOANS.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the interest paid by the
taxpayer during the taxable year on any qualified education loan.
``(b) Maximum Credit.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowed by subsection (a) for the taxable year shall not
exceed $1,500.
``(2) Limitation based on modified adjusted gross income.--
``(A) In general.--If the modified adjusted gross
income of the taxpayer for the taxable year exceeds
$50,000 ($100,000 in the case of a joint return), the
amount which would (but for this paragraph) be
allowable as a credit under this section shall be
reduced (but not below zero) by the amount which bears
the same ratio to the amount which would be so
allowable as such excess bears to $20,000 ($40,000 in
the case of a joint return).
``(B) Modified adjusted gross income.--The term
`modified adjusted gross income' means adjusted gross
income determined without regard to sections 911, 931,
and 933.
``(C) Inflation adjustment.--In the case of any
taxable year beginning after 2003, the $50,000 and
$100,000 amounts referred to in subparagraph (A) shall
be increased by an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2002' for `1992'.
``(D) Rounding.--If any amount as adjusted under
subparagraph (C) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Dependents Not Eligible for Credit.--No credit shall be
allowed by this section to an individual for the taxable year if a
deduction under section 151 with respect to such individual is allowed
to another taxpayer for the taxable year beginning in the calendar year
in which such individual's taxable year begins.
``(d) Limit on Period Credit Allowed.--A credit shall be allowed
under this section only with respect to interest paid on any qualified
education loan during the first 60 months (whether or not consecutive)
in which interest payments are required. For purposes of this
paragraph, any loan and all refinancings of such loan shall be treated
as 1 loan.
``(e) Definitions.--For purposes of this section--
``(1) Qualified education loan.--The term `qualified
education loan' has the meaning given such term by section
221(e)(1).
``(2) Dependent.--The term `dependent' has the meaning
given such term by section 152.
``(f) Special Rules.--
``(1) Denial of double benefit.--No credit shall be allowed
under this section for any amount taken into account for any
deduction under any other provision of this chapter.
``(2) Married couples must file joint return.--If the
taxpayer is married at the close of the taxable year, the
credit shall be allowed under subsection (a) only if the
taxpayer and the taxpayer's spouse file a joint return for the
taxable year.
``(3) Marital status.--Marital status shall be determined
in accordance with section 7703.''.
(b) Conforming Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 25B the
following new item:
``Sec. 25C. Interest on higher education
loans.''.
(c) Effective Date.--The amendments made by this section shall
apply to any qualified education loan (as defined in section 25C(e)(1)
of the Internal Revenue Code of 1986, as added by this section)
incurred on, before, or after the date of the enactment of this Act,
but only with respect to any loan interest payment due after December
31, 2002. | Make College Affordable Act of 2003 - Amends the Internal Revenue Code to: (1) increase the deduction for higher education expenses by increasing the applicable dollar limit; and (2) allow a limited credit for interest paid on higher education loans. | {"src": "billsum_train", "title": "A bill to amend the Internal Revenue Code of 1986 to make higher education more affordable, and for other purposes."} | 2,001 | 48 | 0.482172 | 1.064485 | 0.545719 | 2.787234 | 37.744681 | 0.87234 |
SECTION 1. SHORT TITLE.
This Act may be referred to as the ``Benjamin Franklin Tercentenary
Commission Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Benjamin Franklin was one of the most extraordinary men of
the generation that founded the United States. Around the world, he
remains one of the best-known Americans who has ever lived.
(2) Benjamin Franklin's achievements include his literary work,
his creation of philanthropic and educational institutions, his
significant scientific explorations, and his service to the Nation
as a statesman and diplomat.
(3) Benjamin Franklin was the only American to sign all 5
enabling documents of the United States.
(4) All people in the United States could benefit from studying
the life of Benjamin Franklin and gaining a deeper appreciation of
his legacy to the Nation.
(5) January 17, 2006, is the 300th anniversary of the birth of
Benjamin Franklin, and a commission should be established to study
and recommend to the Congress activities that are fitting and
proper to celebrate that anniversary in a manner that appropriately
honors Benjamin Franklin.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the Benjamin
Franklin Tercentenary Commission (referred to in this Act as the
``Commission'').
SEC. 4. DUTIES.
(a) Study.--The Commission shall have the following duties:
(1) To study activities by the Government that would be fitting
and proper to honor Benjamin Franklin on the occasion of the
tercentenary of his birth, including but not limited to the
following:
(A) The minting of a Benjamin Franklin tercentenary coin.
(B) The rededication of the Benjamin Franklin National
Memorial at the Franklin Institute in Philadelphia,
Pennsylvania, or other activities with respect to that
memorial.
(C) The acquisition and preservation of artifacts
associated with Benjamin Franklin.
(D) The sponsorship of publications, including catalogs and
scholarly work, concerning Benjamin Franklin.
(E) The sponsorship of conferences, exhibitions, or other
public meetings concerning Benjamin Franklin.
(F) The sponsorship of high school and collegiate essay
contests concerning the life and legacy of Benjamin Franklin.
(2) To recommend to the Congress in one or more of the interim
reports submitted under section 9(a)--
(A) the activities that the Commission considers most
fitting and proper to honor Benjamin Franklin on the occasion
of the tercentenary of his birth; and
(B) the entity or entities in the Federal Government that
the Commission considers most appropriate to carry out such
activities.
(b) Point of Contact.--The Commission, acting through its
secretariat, shall serve as the point of contact of the Government for
all State, local, international, and private sector initiatives
regarding the tercentenary of Benjamin Franklin's birth, with the
purpose of coordinating and facilitating all fitting and proper
activities honoring Benjamin Franklin.
SEC. 5. MEMBERSHIP.
(a) Number and Appointment.--The Commission shall be composed of 15
members as follows:
(1) The Librarian of Congress.
(2) Fourteen qualified citizens, appointed as follows:
(A) Two members appointed by the President.
(B) Two members appointed by the President on the
recommendation of the Governor of the Commonwealth of
Pennsylvania.
(C) Two members appointed by the President on the
recommendation of the Governor of the Commonwealth of
Massachusetts.
(D) Two members, at least one of whom shall be a Senator,
appointed by the majority leader of the Senate.
(E) Two members, at least one of whom shall be a Senator,
appointed by the minority leader of the Senate.
(F) Two members, at least one of whom shall be a Member of
the House of Representatives, appointed by the Speaker of the
House of Representatives.
(G) Two members, at least one of whom shall be a Member of
the House of Representatives, appointed by the minority leader
of the House of Representatives.
(b) Qualified Citizen.--For purposes of this section, a qualified
citizen is a citizen of the United States with--
(1) a substantial knowledge and appreciation of the work and
legacy of Benjamin Franklin; and
(2) a commitment to educating people in the United States about
the historical importance of Benjamin Franklin.
(c) Time of Appointment.--Each initial appointment of a member of
the Commission shall be made before the expiration of the 120-day
period beginning on the date of the enactment of this Act.
(d) Continuation of Membership.--If a member of the Commission was
appointed to the Commission as a Member of the Congress, and ceases to
be a Member of the Congress, that member may continue to serve on the
Commission for not longer than the 30-day period beginning on the date
on which that member ceases to be a Member of the Congress.
(e) Terms.--Each member shall be appointed for the life of the
Commission.
(f) Vacancies.--A vacancy in the Commission shall not affect the
powers of the Commission and shall be filled in the manner in which the
original appointment was made.
(g) Basic Pay.--Members shall serve on the Commission without pay.
(h) Travel Expenses.--Each member 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.
(i) Quorum.--Five members of the Commission shall constitute a
quorum, but a lesser number may hold hearings.
(j) Chair.--The Commission shall select a Chair from among the
members of the Commission.
(k) Meetings.--The Commission shall meet at the call of the Chair.
SEC. 6. ORGANIZATION.
(a) Honorary Members.--The President--
(1) shall serve as an honorary, nonvoting member of the
Commission; and
(2) may invite the President of France and the Prime Minister
of the United Kingdom to serve as honorary, nonvoting members of
the Commission.
(b) Advisory Committee.--The Commission shall form an advisory
committee, to be composed of representatives of the major extant
institutions founded by or dedicated to Benjamin Franklin, including
the following:
(1) The Executive Director of the American Philosophical
Society.
(2) The President of the Franklin Institute.
(3) The Librarian of the Library Company.
(4) The Director and Chief Executive Officer of the
Philadelphia Museum of Art.
(5) The President of the University of Pennsylvania.
(c) Administrative Secretariat.--The Commission shall seek to enter
into an arrangement with the Franklin Institute of Philadelphia,
Pennsylvania, under which the Institute shall do the following:
(1) Serve as the secretariat of the Commission, including by
serving as the point of contact under section 4(b).
(2) House the administrative offices of the Commission.
SEC. 7. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this Act, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence as the
Commission considers appropriate.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action that
the Commission is authorized to take by this Act.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable the Commission to carry out this Act. Upon request
of the Chair of the Commission, the head of that department or agency
shall furnish that information to the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this Act.
(f) Procurement.--The Commission may enter into contracts for
supplies, services, and facilities to carry out the Commission's duties
under this Act.
(g) Donations.--The Commission may accept and use donations of--
(1) money;
(2) personal services; and
(3) real or personal property related to Benjamin Franklin or
the occasion of the tercentenary of his birth.
SEC. 8. DIRECTOR AND STAFF.
(a) Appointment.--The Commission may appoint a Director and such
additional personnel as the Commission considers to be appropriate.
(b) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments in
the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay rates.
SEC. 9. REPORTS.
(a) Interim Reports.--The Commission shall submit to the Congress
such interim reports as the Commission considers to be appropriate.
(b) Final Report.--The Commission shall submit a final report to
the Congress not later than January 16, 2007. The final report shall
contain--
(1) a detailed statement of the activities of the Commission;
and
(2) any other information that the Commission considers to be
appropriate.
SEC. 10. TERMINATION.
The Commission shall terminate 120 days after submitting its final
report pursuant to section 9(b).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000 for the period of
fiscal years 2002 through 2007 to carry out this Act, to remain
available until expended.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Benjamin Franklin Tercentenary Commission Act - Establishes the Benjamin Franklin Tercentenary Commission to: (1) study and recommend Government activities to honor Benjamin Franklin on the tercentenary of his birth, including the minting of a Benjamin Franklin tercentenary coin; (2) serve as the contact point for State, local, international, and private sector initiatives regarding tercentenary activities; (3) form an advisory committee composed of representatives of the major institutions founded by or dedicated to Benjamin Franklin, including the Executive Director of the American Philosophical Society and the President of the Franklin Institute; and (4) seek to enter into an arrangement for the Franklin Institute of Philadelphia to serve as the secretariat of the Commission and to house the Commission's administrative offices.Authorizes appropriations. | {"src": "billsum_train", "title": "To establish the Benjamin Franklin Tercentenary Commission."} | 2,136 | 167 | 0.659031 | 1.96816 | 0.837403 | 4.574468 | 14.29078 | 0.985816 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trucking Rules Updated by
Comprehensive and Key Safety Reform Act'' or the ``TRUCK Safety Reform
Act''.
SEC. 2. QUINQUENNIAL REVIEW OF RULES, GUIDANCE, REGULATIONS, AND
ENFORCEMENT POLICIES.
(a) Review.--Not less frequently than once every 5 years, the
Administrator of the Federal Motor Carrier Safety Administration
(referred to in this Act as the ``FMCSA'') shall conduct a
comprehensive review of its rules, regulations, regulatory guidance,
and enforcement policies.
(b) Schedule.--At the beginning of each 5-year review period, the
Administrator shall publish a schedule that--
(1) describes the order in which the FMCSA will review
regulations and enforcement policies; and
(2) sets forth the work plan timeframe for completing the
full review within 5 years.
(c) Notification of Changes.--During each review period, the
Administrator shall address any changes to the schedule published
pursuant to subsection (b) and notify the public of such changes.
(d) Report.--At the conclusion of each review under subsection (a),
the Administrator shall post a report on a publicly accessible website
that includes--
(1) an inventory of technical rules and guidance issued
during the previous 5-year period;
(2) the full details of the review conducted under this
section;
(3) a determination of whether the regulations and
enforcement policies under the jurisdiction of the FMCSA are--
(A) consistent and clear;
(B) current and consistent with the state of the
motor carrier industry; and
(C) uniform and consistently enforceable; and
(4) a statement indicating whether guidance from the
Administration is still necessary.
(e) Rulemaking.--Not later than 24 months after the completion of
each review under this section, the Administrator shall amend the
regulations and enforcement policies under the jurisdiction of the
FMCSA to ensure that such regulations and enforcement policies are
consistent and uniform.
SEC. 3. GUIDANCE.
Section 31136 of title 49, United States Code, is amended by adding
at the end the following:
``(g) Regulatory Guidance.--
``(1) Publication.--The Secretary, in consultation with the
Administrator of the Federal Motor Carrier Safety
Administration (referred to in this section as the
`Administrator'), shall publish all newly issued or reissued
regulatory guidance and interpretations in the Federal Register
on the date of issuance.
``(2) Reissuance.--If the Administrator, in a review
conducted pursuant to section 2 of the TRUCK Safety Reform Act,
determines that guidance issued by the Administration has not
been incorporated into a regulation, such guidance shall cease
to be effective on the date that is 24 months after the
conclusion of such review unless the Administrator reissues the
guidance by publishing the guidance in the Federal Register
with the date on which the guidance was last revised and
contact information for an official at the Administration who
can answer questions about the guidance.
``(h) Medical Guidance.--
``(1) In general.--Except as provided under paragraph (2),
the Administrator shall conduct a formal notice and comment
process when issuing medical guidance.
``(2) Public health emergencies.--
``(A) In general.--The Administrator may use
informal rulemaking when issuing medical guidance that
is directly related to a public health emergency.
``(B) Consultation.--In determining whether a
public health emergency necessitates informal
rulemaking, the Administrator shall consult with the
Secretary of Health and Human Services and the Centers
for Disease Control.''.
SEC. 4. REGULATIONS, ADVANCED NOTICE OF PROPOSED RULEMAKING, AND
NEGOTIATED RULEMAKINGS.
Section 31136 of title 49, United States Code, as amended by
section 3, is further amended by adding at the end the following:
``(i) Regulatory Evaluations.--When analyzing the impact of
regulations and enforcement policies, the Administrator shall--
``(1) specify how the Administration will evaluate future
rules; and
``(2) allow stakeholders to comment on why performance-
based targets would be preferable to a proposed regulation.
``(j) Cost-Benefit Analysis.--
``(1) In general.--Before promulgating any new regulation
on or after the date of the enactment of the TRUCK Safety
Reform Act, the Administrator shall include, within the
Administration's cost-benefit analysis, a wider selection and
scope of motor carriers.
``(2) Scope.--The analysis conducted under this
subsection--
``(A) shall be based upon data generated from a
statistically significant and representative sample of
commercial vehicle operators, motor carriers, or both,
that will be covered under the proposed regulation;
``(B) shall focus on examining commercial truck and
bus carriers of all sizes, various operation types and
sectors, including various types of commercial busses,
long haul, regional, short-haul, flat-bed, dry-van,
refrigerated, various commercial busses and tank
operations to the extent appropriate and practicable;
and
``(C) shall be subject to independent peer review,
to the maximum extent practicable, by a balanced panel
of individuals with relevant areas of expertise
suitable for the review being conducted, including
statistical expertise.
``(3) Waiver.--This subsection shall not apply if the
Administrator, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the final rule) that conducting the cost-benefit analysis
described in paragraph (2) would be impracticable, unnecessary,
or contrary to the public interest.
``(k) Request for Comment.--
``(1) In general.--Before promulgating a Notice of Proposed
Rulemaking, in accordance with section 553 of title 5, that is
reasonably likely to lead to the promulgation of a major rule
(as defined in section 804 of such title), the Administrator of
the Federal Motor Carrier Safety Administration shall--
``(A) issue an Advance Notice of Proposed
Rulemaking;
``(B) determine whether a negotiated rulemaking is
necessary; or
``(C) otherwise publish a request for comment in
the Federal Register, seeking ideas and data to inform
the formulation of a potential proposed rule.
``(2) Requirements.--Each Advance Notice of Proposed
Rulemaking or Negotiated Rulemaking issued under paragraph (1)
shall--
``(A) identify the compelling public concern for a
potential regulatory action, such as material failures
of private markets to protect or improve the safety of
the public, the environment, or the well-being of the
American people;
``(B) identify and request public comment on the
best available science or technical information on the
need for regulatory action and on the potential
regulatory alternatives;
``(C) request public comment on the benefits and
costs of potential regulatory alternatives reasonably
likely to be included or analyzed as part of the notice
of proposed rulemaking;
``(D) request public comment on the available
alternatives to direct regulation, including providing
economic incentives to encourage the desired behavior;
and
``(E) request data on how safety will be
quantifiably improved by the regulation.
``(3) Waiver.--This subsection shall not apply if the
Administrator, for good cause, finds (and incorporates the
finding and a brief statement of reasons for such finding in
the final rule) that an Advance Notice of Proposed Rulemaking
is impracticable, unnecessary, or contrary to the public
interest.
``(l) Feedback.--
``(1) In general.--During the development of Advance Notice
of Proposed Rulemaking and Notice of Proposed Rulemaking, the
Administrator shall notify and receive written feedback from
the Transportation Research Board at the National Academy of
Sciences or the Inspector General of the Department of
Transportation to consider and determine the appropriate
universe for the various types of carriers referred to in
subsection (k)(2).
``(2) Requirements.--If the Administrator, in conducting a
rulemaking, does not utilize the statistically significant and
representative sample recommendations provided by the
Transportation Research Board or the Inspector General of the
Department of Transportation, the Administrator shall publish
an explanation in the Federal Register of why the data
collected by the Administration for the cost-benefit analysis
required under subsection (k) meets the statistically
significant and representative requirements under that
subsection.
``(3) Certification.--The Administrator shall publish, in
the Federal Register, a certification that the Administration
has attempted, to the maximum extent possible, to consider
various aspects of the commercial trucking and bus industry
that are impacted by the rule referred to in paragraph (2) in
the Administration's collection of data for the purposes of
cost-benefit analysis.''.
SEC. 5. PETITIONS AND OTHER PROVISIONS.
Section 31136 of title 49, United States Code, as amended by
sections 3 and 4, is further amended by adding at the end the
following:
``(m) Statutory Rulemaking and Petitions.--The Administrator
shall--
``(1) first respond to all statutory requirements for
rulemaking;
``(2) prioritize stakeholder petitions based on the
likelihood of safety improvements;
``(3) not later than 6 months after a petition is
submitted, formally respond to such petition by--
``(A) indicating whether the Administration will
accept or deny the petition; and
``(B) including a safety value assessment,
prioritization, and description of the policy goals of
the Administration related to the subject matter of the
petition; and
``(4) post and maintain an inventory of all petitions
received by the Administration, including information about the
disposition of such petitions, on a publicly accessible
website.''.
SEC. 6. SAVINGS PROVISION.
Nothing in the amendments made by section 3 through 5 may be
construed to limit the contents of any Advance Notice of Proposed
Rulemaking. | Trucking Rules Updated by Comprehensive and Key Safety Reform Act or the TRUCK Safety Reform Act This bill requires the Federal Motor Carrier Safety Administration (FMCSA): (1) at least every five years, to conduct a comprehensive review of its rules, regulations, regulatory guidance, and enforcement policies; and (2) within 24 months after completion of each review, to amend its regulations and enforcement policies to ensure that they are consistent and uniform. If the FMCSA determines that guidance it has issued has not been incorporated into a regulation, such guidance shall cease to be effective 24 months after the conclusion of such review unless FMCSA reissues it. The Department of Transportation (DOT) shall publish in the Federal Register on the date of issuance all newly issued or reissued regulatory guidance and interpretations regarding commercial motor vehicle safety regulations. The FMCSA shall conduct a formal notice and comment process when issuing medical guidance but may use informal rulemaking when issuing medical guidance that is directly related to a public health emergency. The FMCSA: (1) when analyzing the impact of regulations and enforcement policies, shall specify how it will evaluate future rules and shall allow stakeholders to comment on why performance-based targets would be preferable to a proposed regulation; and (2) before promulgating any new regulation, shall include within its cost-benefit analysis a wider selection and scope of motor carriers. The FMCSA, before promulgating a Notice of Proposed Rulemaking that is reasonably likely to lead to the promulgation of a major rule, shall: issue an Advance Notice of Proposed Rulemaking that identifies the compelling public concern for a potential regulatory action and requests public comment on alternatives; determine whether a negotiated rulemaking is necessary; or otherwise publish a request for comment in the Federal Register. The FMCSA shall: respond to all statutory requirements for rulemaking; prioritize stakeholder petitions based on the likelihood of safety improvements; formally respond to a petition within six months after it is submitted; and post and maintain an inventory of all petitions received, including information about their disposition, on a publicly accessible website. | {"src": "billsum_train", "title": "TRUCK Safety Reform Act"} | 2,171 | 449 | 0.63556 | 2.128226 | 0.854159 | 4.349246 | 5.135678 | 0.927136 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBA Microenterprise Improvements
Act''.
SEC. 2. MICROLOAN PROGRAM IMPROVEMENTS.
(a) Intermediary Eligibility Requirements.--Section 7(m)(2) of the
Small Business Act (15 U.S.C. 636(m)(2)) is amended--
(1) in subparagraph (A)--by striking ``in paragraph (10);
and'' and inserting ``of the term `intermediary' under
paragraph (11)(A);''; and
(2) in subparagraph (B)--
(A) by striking ``(B) has at least'' and inserting
the following:
``(B) has--
``(i) at least''; and
(B) by striking the period at the end and inserting
the following:
``; or
``(ii) a full-time employee who has not
less than 3 years experience making microloans
to startup, newly established, or growing small
business concerns; and
``(C) has at least 1 year experience providing, as
an integral part of its microloan program, intensive
marketing, management, and technical assistance to its
borrowers.''.
(b) Conforming Change in Average Smaller Loan Size.--Section
7(m)(3)(F)(iii) of the Small Business Act (15 U.S.C. 636(m)(3)(F)(iii))
is amended by striking ``$7,500'' and inserting ``$10,000''.
(c) Limitation on Third Party Technical Assistance.--Section
7(m)(4)(E)(ii) of the Small Business Act (15 U.S.C. 636(m)(4)(E)(ii))
is amended--
(1) by striking ``technical assistance'' in the heading and
inserting ``third party technical assistance''; and
(2) by striking ``25 percent'' and inserting ``30
percent''.
(d) Loan Terms.--Section 7(m)(1)(B)(i) of the Small Business Act
(15 U.S.C. 636(m)(1)(B)(i)) is amended by striking ``short-term,''.
(e) Report on Transferred Amounts.--Section 7(m)(9)(B) of the Small
Business Act (15 U.S.C. 636(m)(9)(B)) is amended--
(1) by striking ``The Administration'' and inserting the
following:
``(i) In general.--The Administration'';
(2) by striking the period after ``financing''; and
(3) by adding at the end the following new clause:
``(ii) Report.--The Administration shall
report, in its annual budget request and
performance plan to Congress, on the
performance by the Administration of the
requirements of clause (i).''.
(f) Accurate Subsidy Model.--Section 7(m) of the Small Business Act
(15 U.S.C. 636(m)) is amended by adding at the end the following new
paragraph:
``(14) Improved subsidy model.--The Administrator shall
develop a subsidy model for the microloan program under this
subsection, to be used in the fiscal year 2006 budget, that is
more accurate than the subsidy model in effect on the day
before the date of enactment of this paragraph.''.
(g) Increased Flexibility for Providing Technical Assistance to
Potential Borrowers.--Section 7(m)(4)(E)(i) of the Small Business Act
(15 U.S.C. 636(m)(4)(E)(i)) is amended by striking ``25 percent'' and
inserting ``30 percent''.
SEC. 3. PRIME REAUTHORIZATION AND TRANSFER TO THE SMALL BUSINESS ACT.
(a) Program Reauthorization.--Subtitle C of title I of the Riegle
Community Development and Regulatory Improvement Act of 1994 (15 U.S.C.
6901 note) is amended to read as follows:
``SEC. 37. PROGRAM FOR INVESTMENT IN MICROENTREPRENEURS.
``(a) Definitions.--For purposes of this section, the following
definitions shall apply:
``(1) Administration.--The term `Administration' means the
Small Business Administration.
``(2) Administrator.--The term `Administrator' means the
Administrator of the Small Business Administration.
``(3) Capacity building services.--The term `capacity
building services' means services provided to an organization
that is, or that is in the process of becoming, a
microenterprise development organization or program, for the
purpose of enhancing its ability to provide training and
services to disadvantaged entrepreneurs.
``(4) Collaborative.--The term `collaborative' means 2 or
more nonprofit entities that agree to act jointly as a
qualified organization under this section.
``(5) Disadvantaged entrepreneur.--The term `disadvantaged
entrepreneur' means a microentrepreneur that--
``(A) is a low-income person;
``(B) is a very low-income person; or
``(C) lacks adequate access to capital or other
resources essential for business success, or is
economically disadvantaged, as determined by the
Administrator.
``(6) Disadvantaged native american entrepreneur.--The term
`disadvantaged Native American entrepreneur' means a
disadvantaged entrepreneur who is also a member of an Indian
Tribe.
``(7) Indian tribe.--The term `Indian tribe' has the same
meaning as in section 4(a) of the Indian Self-Determination and
Education Assistance Act.
``(8) Intermediary.--The term `intermediary' means a
private, nonprofit entity that seeks to serve microenterprise
development organizations and programs, as authorized under
subsection (d).
``(9) Low-income person.--The term `low-income person'
means having an income, adjusted for family size, of not more
than--
``(A) for metropolitan areas, 80 percent of the
area median income; and
``(B) for nonmetropolitan areas, the greater of--
``(i) 80 percent of the area median income;
or
``(ii) 80 percent of the statewide
nonmetropolitan area median income.
``(10) Microentrepreneur.--The term `microentrepreneur'
means the owner or developer of a microenterprise.
``(11) Microenterprise.--The term `microenterprise' means a
sole proprietorship, partnership, or corporation that--
``(A) has fewer than 5 employees; and
``(B) generally lacks access to conventional loans,
equity, or other banking services.
``(12) Microenterprise development organization or
program.--The term `microenterprise development organization or
program' means a nonprofit entity, or a program administered by
such an entity, including community development corporations or
other nonprofit development organizations and social service
organizations, that provides services to disadvantaged
entrepreneurs.
``(13) Training and technical assistance.--The term
`training and technical assistance' means services and support
provided to disadvantaged entrepreneurs, such as assistance for
the purpose of enhancing business planning, marketing,
management, financial management skills, and assistance for the
purpose of accessing financial services.
``(14) Very low-income person.--The term `very low-income
person' means having an income, adjusted for family size, of
not more than 150 percent of the poverty line (as defined in
section 673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2)), including any revision required by that
section).
``(b) Establishment of Program.--The Administrator shall establish
a microenterprise technical assistance and capacity building grant
program to provide assistance from the Administration in the form of
grants to qualified organizations in accordance with this section.
``(c) Uses of Assistance.--A qualified organization shall use
grants made under this section--
``(1) to provide training and technical assistance to
disadvantaged entrepreneurs;
``(2) to provide training and capacity building services to
microenterprise development organizations and programs and
groups of such organizations to assist such organizations and
programs in developing microenterprise training and services;
``(3) to aid in researching and developing the best
practices in the field of microenterprise and technical
assistance programs for disadvantaged entrepreneurs;
``(4) to provide training and technical assistance to
disadvantaged Native American entrepreneurs and prospective
entrepreneurs; and
``(5) for such other activities as the Administrator
determines are consistent with the purposes of this section.
``(d) Qualified Organizations.--For purposes of eligibility for
assistance under this section, a qualified organization shall be--
``(1) a nonprofit microenterprise development organization
or program (or a group or collaborative thereof) that has a
demonstrated record of delivering microenterprise services to
disadvantaged entrepreneurs;
``(2) an intermediary;
``(3) a microenterprise development organization or program
that is accountable to a local community, working in
conjunction with a State or local government or Indian tribe;
or
``(4) an Indian tribe acting on its own, if the Indian
tribe can certify that no private organization or program
referred to in this subsection exists within its jurisdiction.
``(e) Allocation of Assistance; Subgrants.--
``(1) Allocation of assistance.--
``(A) In general.--The Administrator shall allocate
assistance from the Administration under this section
to ensure that--
``(i) activities described in subsection
(c)(1) are funded using not less than 75
percent of amounts made available for such
assistance; and
``(ii) activities described in subsection
(c)(2) are funded using not less than 15
percent of amounts made available for such
assistance.
``(B) Limit on individual assistance.--No single
person may receive more than 10 percent of the total
funds appropriated under this section in a single
fiscal year.
``(2) Targeted assistance.--The Administrator shall ensure
that not less than 50 percent of the grants made under this
section are used to benefit very low-income persons, including
those residing on Indian reservations.
``(3) Subgrants authorized.--
``(A) In general.--A qualified organization
receiving assistance under this section may provide
grants using that assistance to qualified small and
emerging microenterprise organizations and programs,
subject to such rules and regulations as the
Administrator determines to be appropriate.
``(B) Limit on administrative expenses.--Not more
than 7.5 percent of assistance received by a qualified
organization under this section may be used for
administrative expenses in connection with the making
of subgrants under subparagraph (A).
``(4) Diversity.--In making grants under this section, the
Administrator shall ensure that grant recipients include both
large and small microenterprise organizations, serving urban,
rural, and Indian tribal communities serving diverse
populations.
``(5) Prohibition on preferential consideration of certain
sba program participants.--In making grants under this section,
the Administrator shall ensure that any application made by a
qualified organization that is a participant in the program
established under section 7(m) of the Small Business Act does
not receive preferential consideration over applications from
other qualified organizations that are not participants in such
program.
``(f) Matching Requirements.--
``(1) In general.--Financial assistance under this section
shall be matched with funds from sources other than the Federal
Government on the basis of not less than 50 percent of each
dollar provided by the Administration.
``(2) Sources of matching funds.--Fees, grants, gifts,
funds from loan sources, and in-kind resources of a grant
recipient from public or private sources may be used to comply
with the matching requirement in paragraph (1).
``(3) Exception.--
``(A) In general.--In the case of an applicant for
assistance under this section with severe constraints
on available sources of matching funds, the
Administrator may reduce or eliminate the matching
requirements of paragraph (1).
``(B) Limitation.--Not more than 10 percent of the
total funds made available from the Administration in
any fiscal year to carry out this section may be
excepted from the matching requirements of paragraph
(1), as authorized by subparagraph (A) of this
paragraph.
``(g) Applications for Assistance.--An application for assistance
under this section shall be submitted in such form and in accordance
with such procedures as the Administrator shall establish.
``(h) Recordkeeping and Reporting.--
``(1) In general.--Each organization that receives
assistance from the Administration in accordance with this
section shall--
``(A) submit to the Administration not less than
once in every 18-month period, financial statements
audited by an independent certified public accountant;
``(B) submit an annual report to the Administration
on its activities; and
``(C) keep such records as may be necessary to
disclose the manner in which any assistance under this
section is used.
``(2) Access.--The Administration shall have access upon
request, for the purposes of determining compliance with this
section, to any records of any organization that receives
assistance from the Administration in accordance with this
section.
``(3) Data collection.--Each organization that receives
assistance from the Administration in accordance with this
section shall collect information relating to, as applicable--
``(A) the number of individuals counseled or
trained;
``(B) the number of hours of counseling provided;
``(C) the number of startup small business concerns
formed;
``(D) the number of small business concerns
expanded;
``(E) the number of low-income individuals
counseled or trained; and
``(F) the number of very low-income individuals
counseled or trained.
``(i) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Administrator $15,000,000 for each of the fiscal years
2005 through 2007 to carry out the provisions of this section,
which shall remain available until expended.
``(2) Training for native american entrepreneurs.--In
addition to the amount authorized under subsection (i)(1),
there are authorized to be appropriated to the Administrator
$2,000,000 for each of the fiscal years 2005 through 2007 to
carry out the provisions of subsection (c)(4), which shall
remain available until expended.''.
(b) Transfer Provisions.--
(1) Small business act amendments.--The Small Business Act
(15 U.S.C. 631 et seq.) is amended by redesignating section 37
as section 38.
(2) Transfer.--Section 37 of the Riegle Community
Development and Regulatory Improvement Act of 1994 (15 U.S.C.
6901 note), as so designated by subsection (a) of this section,
is transferred to, and inserted after, section 36 of the Small
Business Act.
(c) References.--All references in Federal law to the ``Program for
Investment in Microentrepreneurs Act of 1999'' or the ``PRIME Act''
shall be deemed to be references to section 37 of the Small Business
Act, as added by this section.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall affect any grant or assistance
provided under the Program for Investment in Microentrepreneurs Act of
1999, before the date of enactment of this Act, and any such grant or
assistance shall be subject to the Program for Investment in
Microentrepreneurs Act of 1999, as in effect on the day before the date
of enactment of this Act. | SBA Microenterprise Improvements Act - Amends the Small Business Act to revise the Small Business Administration's (SBA's) microloan program (a program under which SBA loans and grants are made to intermediaries, who then make loans to small businesses and provide to borrowers technical assistance, such as managerial and strategic advice) to: (1) revise eligibility requirements for microloan intermediaries; (2) increase from $7,500 to $10,000 the microloan small loan limit; (3) increase from 25 to 30 the percentage of a microloan grant that an intermediary may use to contract-out the provision of technical assistance by a third party; (4) remove the requirement that intermediaries make only short-term loans to small businesses; (5) require an annual report from the SBA to Congress on microloan amounts transferred to cover administrative expenses of technical assistance grants; (6) require the Administrator to develop a subsidy microloan program model that is more accurate than the current model; and (7) increase from 25 to 30 the percentage of technical assistance that an intermediary may provide to potential (rather than actual) borrowers.
Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the Program for Investment in Microentrepreneurs (PRIME), a program to provide SBA assistance for the benefit of disadvantaged entrepreneurs through grants to qualified organizations. Authorizes a qualified organization to use grants to provide training and technical assistance to disadvantaged Native American entrepreneurs and prospective entrepreneurs. Requires each organization receiving assistance under PRIME to: (1) submit an annual activities report to the SBA; and (2) collect data on individuals counseled or trained and related information. Extends through FY 2007 the authorization of appropriations for PRIME. | {"src": "billsum_train", "title": "To make improvements to the microenterprise programs administered by the Small Business Administration."} | 3,550 | 386 | 0.577978 | 1.969674 | 0.87058 | 2.040248 | 9.504644 | 0.876161 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Eliminate and Stop Abuse, Frequent
Exploitation, and Trafficking on the Internet Task Force Act'' or ``E-
SAFETI Task Force Act''.
SEC. 2. INTERNET-FACILITATED HUMAN TRAFFICKING TASK FORCE.
(a) Establishment.--There is established in the Department of State
a task force to be known as the ``Eliminate and Stop Abuse, Frequent
Exploitation, and Trafficking on the Internet (E-SAFETI) Task Force''
(referred to in this Act as the ``Task Force''), for the purpose of
studying and making recommendations to prevent internet-facilitated
human trafficking.
(b) Membership.--
(1) Composition.--The Task Force shall be composed of 20
members as follows:
(A) A representative of the Department of State,
who shall be appointed by the Secretary of State, and
who shall serve as chair of the Task Force.
(B) A representative of the Federal Communications
Commission, who shall be appointed by the Chairman of
the Federal Communications Commission.
(C) A representative of the Federal Bureau of
Investigation, who shall be appointed by the Director
of the Federal Bureau of Investigation.
(D) A representative of Immigration and Customs
Enforcement, who shall be appointed by the Director of
Immigration and Customs Enforcement.
(E) A representative of the Administration for
Children and Families who, shall be appointed by the
Assistant Secretary of Health and Human Services for
the Administration for Children and Families.
(F) Two representatives of the Department of
Justice, who shall be appointed by the Attorney
General.
(G) A representative of the Department of Labor,
who shall be appointed by the Secretary of Labor.
(H) Thirteen members appointed by the Secretary of
State (in consultation with the other members of the
Task Force), including--
(i) 3 members representing companies that
have exhibited leadership in combating
internet-facilitated human trafficking, at
least one of whom shall represent an Internet
Web site company;
(ii) 2 members representing non-profit
organizations;
(iii) 2 members representing academic
institutions;
(iv) 1 member representing a State Attorney
General's office;
(v) 1 member who was a victim of a severe
form of trafficking in persons; and
(vi) 3 additional at-large members, from
the public or private sectors.
(2) Appointment.--Members of the Task Force shall be
appointed not later than 90 days after the date of the
enactment of this Act.
(3) Compensation.--Members of the Task Force shall not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(4) Terms.--Members of the Task Force shall serve at the
pleasure of the appointing authorities.
(5) Vacancies.--Any vacancy on the Task Force shall be
filled in the manner in which the original appointment was
made.
(c) Duties.--The Task Force shall--
(1) study the impact and prevalence of internet-facilitated
human trafficking; and
(2) make recommendations on how to best prevent internet-
facilitated human trafficking, including--
(A) adoption of cutting-edge technology;
(B) collaboration with the private sector;
(C) better enforcement of current laws;
(D) improved information gather and
interdepartmental collaboration; and
(E) development of new law and policy.
(d) Meetings.--The Task Force shall meet not less than three times
in the first year after the establishment of the Task Force, and not
less than twice per year thereafter.
(e) Report.--The Task Force shall submit an annual report to
Congress on the activities, findings, and recommendations of the Task
Force.
(f) Termination.--The Task Force shall terminate 3 years after the
members of the Task Force are appointed in accordance with subsection
(b).
(g) Definitions.--In this section:
(1) Internet-facilitated human trafficking.--The term
``internet-facilitated human trafficking'' means the use of the
Internet to engage in severe forms of trafficking in persons.
(2) Severe forms of trafficking in persons.--The term
``severe forms of trafficking in persons'' has the meaning
given such term in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102(8)).
(3) Victim of a severe form of trafficking in persons.--The
term ``victim of a severe form of trafficking in persons'' has
the meaning given such term in section 103 of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(13)). | Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet Task Force Act or the E-SAFETI Task Force Act - Establishes in the Department of State a three-year task force to be known as the Eliminate and Stop Abuse, Frequent Exploitation, and Trafficking on the Internet (E-SAFETI) Task Force to study and make recommendations to prevent internet-facilitated human trafficking.
Defines "internet-facilitated human trafficking" as the use of the Internet to engage in severe forms of trafficking in persons as that term is defined in the Trafficking Victims Protection Act of 2000. | {"src": "billsum_train", "title": "To establish a task force for the purpose of studying and making recommendations to prevent and combat internet-facilitated human trafficking."} | 1,036 | 144 | 0.60442 | 1.638587 | 0.647886 | 5.982301 | 8.39823 | 0.955752 |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American Solution
for Simplifying the Estate Tax Act of 2014''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Elective simplified estate tax.
Sec. 4. Carry-over basis.
Sec. 5. Returns.
Sec. 6. Special rule for revocation of trusts in connection with
election.
SEC. 2. CONGRESSIONAL FINDINGS.
Congress finds the following:
(1) The current method of collecting Federal estate tax
often cripples American family owned businesses, farms, and
ranches by forcing the sale of ongoing concerns in order to pay
tax liability arising from the death of an owner, creating
inefficiencies, dislocation, and often job losses.
(2) From farmers and ranchers to urban business owners, the
Federal estate tax looms heavily and has a counterproductive
effect on our Nation's family owned businesses that costs
numerous jobs.
(3) The job losses, economic dislocation, and excessive
compliance costs are not justified given the fact that the
estate tax has averaged one percent of total IRS collections
since 1960, with $14 billion collected in Fiscal Year 2013
(less than \1/2\ percent of total IRS collections).
(4) The Joint Economic Committee in its May 2006 study
concluded that in order to avoid wealth transfer taxes,
individuals' costs of complying with the estate tax roughly
equals the revenue yield of the estate tax for the U.S.
Treasury.
(5) The current method of collection of the estate tax
leads many wealthy Americans to lock up capital in trusts to
minimize or eliminate tax liability, meaning that billions of
dollars are left idle instead of facilitating the creation of
new business ventures that could stimulate the economy.
(6) As recently as 2009, of the 34,000 estate tax returns
filed that year, only half owed any estate tax, indicating that
many wealthy Americans have found means to avoid paying this
tax. In 2012, 9,400 Americans still had to file estate tax
returns, even with the higher $5 million threshold.
(7) It is in the national interest to modify the mechanism
for collection of revenues from those Americans who have the
largest estates, provided that it is done in a revenue neutral
manner that ensures the ongoing collection of an appropriate
percentage of the historical average of 1 percent of total IRS
tax receipts that reflects the lower amount of estate tax
revenues generated under the 2010 and 2012 amendments due to a
higher exemption amount.
SEC. 3. ELECTIVE SIMPLIFIED ESTATE TAX.
(a) In General.--Chapter 11 of the Internal Revenue Code of 1986 is
amended by adding at the end the following new subchapter:
``Subchapter D--Simplified Estate Tax
``Sec. 2301. Simplified estate tax.
``Sec. 2302. Imposition and rate.
``Sec. 2303. Election.
``Sec. 2304. Seven taxable year minimum.
``SEC. 2301. SIMPLIFIED ESTATE TAX.
``In the case of an individual (and, if married, such individual's
spouse) who elects the application of this subchapter--
``(1) chapter 11 shall thereafter not apply with respect to
the transfer of the estate of such individual (or such spouse),
``(2) chapter 13 shall thereafter not apply with respect to
any generation-skipping transfer (as defined in section 2611)
made by such individual (or such spouse), and
``(3) a tax shall be imposed by section 2302 with respect
to such individual (and such spouse) for the taxable year of
the election and each taxable year thereafter.
``SEC. 2302. IMPOSITION AND RATE.
``(a) In General.--The tax imposed by this section for any taxable
year shall be treated as an increase in the taxpayer's tax under
chapter 1 for the taxable year by an amount equal to 1 percent of the
modified adjusted gross income of the taxpayer for the taxable year.
``(b) Modified Adjusted Gross Income.--For purposes of this
section, the term `modified adjusted gross income' means adjusted gross
income increased by--
``(1) any amount excluded from gross income under section
911, 931, or 933, or
``(2) any amount of interest received or accrued by the
taxpayer during the taxable year which is exempt from tax.
``SEC. 2303. ELECTION.
``(a) In General.--Except as the Secretary shall by regulation
prescribe in the case of separation, divorce, remarriage, or other
circumstances the Secretary determines equitable, election for this
subchapter to apply, once made, shall be irrevocable.
``(b) Married Couples To File Jointly.--If the taxpayer and the
taxpayer's spouse elect the application of this subchapter and are
married (within the meaning of section 7703) at the end of the taxable
year, the taxpayer and the taxpayer's spouse shall file a joint return
for the taxable year.
``SEC. 2304. SEVEN TAXABLE YEAR MINIMUM.
``(a) In General.--In the case of a decedent whose last taxable
year is not at least the 7th taxable year for which the tax under
section 2302 is imposed, the application of this subchapter shall be
treated as not having been elected.
``(b) Transition Rule for 2015 and 2016.--
``(1) In general.--In the case of a decedent who first
elected the application of this subchapter during 2015 or 2016,
subsection (a) shall not apply if the executor of the
decedent's estate elects to increase the amount of the tax
imposed under chapter 1 for the decedent's last taxable year by
an amount equal to--
``(A) the highest amount of tax imposed by section
2302 with respect to such decedent for any taxable year
(including the decedent's last taxable year),
multiplied by
``(B) an amount equal to the difference of--
``(i) 7, over
``(ii) the number of taxable years for
which such tax was imposed with respect to such
decedent (including the decedent's last taxable
year).
``(2) Special rule for decedent dying during year of
election.--In the case of a decedent to whom paragraph (1)
applies and who first elected the application of this
subchapter with respect to the last taxable year of the
decedent, the amount under subparagraph (A) shall not be less
than the amount of tax which would have been imposed by section
2302 had such election first been elected with respect to the
preceding taxable year.
``(c) Credit for Taxes Paid.--
``(1) In general.--In the case of a decedent to which
subsection (a) applies, the Secretary shall by regulation
provide for allowing for a credit against the tax imposed by
chapter 11 with respect to the decedent to account for any
taxes paid by the decedent under section 2302.
``(2) Interest.--The amount of any credit determined under
paragraph (1) with respect to any tax paid shall include
interest, which shall be determined--
``(A) at the overpayment rate established under
section 6621, and
``(B) from the date of payment of such tax to the
due date of the amount against which the credit is
allowed.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after, and estates of decedents dying
after, December 31, 2014.
SEC. 4. CARRY-OVER BASIS.
(a) In General.--Part II of subchapter O of chapter 1 of such Code
is amended by inserting after section 1021 the following new section:
``SEC. 1022. TREATMENT OF PROPERTY ACQUIRED FROM A DECEDENT WHO ELECTED
SIMPLIFIED ESTATE TAX TREATMENT.
``(a) In General.--In the case of property acquired from a decedent
who elected the application of subchapter D of chapter 11--
``(1) such property shall be treated for purposes of this
subtitle as transferred by gift, and
``(2) the basis of the person acquiring property from such
a decedent shall be the lesser of--
``(A) the adjusted basis of the decedent, or
``(B) the fair market value of the property at the
date of the decedent's death.
``(b) Property Acquired From the Decedent.--For purposes of this
section, the following property shall be considered to have been
acquired from the decedent:
``(1) Property acquired by bequest, devise, or inheritance,
or by the decedent's estate from the decedent.
``(2) Property transferred by the decedent during his
lifetime--
``(A) to a qualified revocable trust (as defined in
section 645(b)(1)), or
``(B) to any other trust with respect to which the
decedent reserved the right to make any change in the
enjoyment thereof through the exercise of a power to
alter, amend, or terminate the trust.
``(3) Any other property passing from the decedent by
reason of death to the extent that such property passed without
consideration.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to estates of decedents dying after December 31,
2014.
SEC. 5. SIMPLIFIED ESTATE TAX RETURNS.
(a) Information Returns.--
(1) In general.--Subpart C of part II of subchapter A of
chapter 61 of such Code is amended by inserting after section
6018 the following new section:
``SEC. 6018A. SIMPLIFIED ESTATE TAX RETURNS.
``(a) In General.--In the case of property acquired from a decedent
who has in effect an election under subchapter D of chapter 11, the
executor of the estate of such decedent shall make a return containing
the following information with respect to such property:
``(1) The name and TIN of the recipient of such property.
``(2) An accurate description of such property.
``(3) The adjusted basis of such property in the hands of
the decedent and its fair market value at the time of death.
``(4) The decedent's holding period for such property.
``(5) Sufficient information to determine whether any gain
on the disposition of the property would be treated as ordinary
income.
``(b) Property Acquired From Decedent.----For purposes of this
section, section 1022 shall apply for purposes of determining the
property acquired from a decedent.
``(c) Statements To Be Furnished to Certain Persons.--Every person
required to make a return under subsection (a) shall furnish to each
person whose name is required to be set forth in such return (other
than the person required to make such return) a written statement
showing--
``(1) the name, address, and phone number of the person
required to make such return, and
``(2) the information specified in subsection (a) with
respect to property acquired from, or passing from, the
decedent to the person required to receive such statement.
The written statement required under the preceding sentence shall be
furnished not later than 30 days after the date that the return
required by subsection (a) is filed.
``(d) Annual Beneficiary Asset Status Return.--Each recipient of
property with respect to whom a statement is required to be furnished
under subsection (c) and who owns any such property during the taxable
year shall make a return with respect to such property containing the
following information:
``(1) An accurate description of such property.
``(2) An accounting of the disposition of any such property
during the taxable year.
``(3) The adjusted basis of such property as of the later
of the end of the taxable year or the date of any such
disposition.
``(e) Excepted Property.--
``(1) In general.--Subsections (a) and (b) shall not apply
with respect to--
``(A) any property the fair market value of which,
at the time of the decedent's death, does not exceed
$10,000, and
``(B) any property the basis of which was
determined by reference to the fair market value of the
property at the date of the decedent's death.
``(2) Inflation adjustment.--
``(A) In general.--In the case of any calendar year
after 2015, the $10,000 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, determined by substituting
`calendar year 2014' for `calendar year 1992'
in subparagraph (B) thereof.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the next lowest multiple of
$100.''.
(2) Clerical amendment.--The table of sections for subpart
C of part II of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6018
the following new item:
``Sec. 6018A. Simplified estate tax returns.''.
(b) Time for Filing Returns.--Section 6075(a) of such Code is
amended--
(1) by striking ``Estate Tax Return.--Returns made'' and
inserting the following: , ``Estate Tax Return.--
``(1) In general.--Returns made'', and
(2) by adding at the end the following new paragraph:
``(2) Simplified estate tax.--
``(A) In general.--Returns made under section
6018A(a) shall be filed not later than 180 days after
the date of the decedent's death.
``(B) Annual beneficiary asset status returns.--
Returns made under section 6018A(d) for a taxable year
shall be filed concurrently with the individual's
return of income tax for the taxable year.''.
(c) Penalty for Failure To File Returns.--
(1) In general.--Part 1 of subchapter B of chapter 68 of
such Code is amended by adding at the end the following new
section:
``SEC. 6720D. FAILURE TO FILE INFORMATION WITH RESPECT TO SIMPLIFIED
ESTATE TAX RETURNS.
``(a) Information Required To Be Filed With Secretary.--Any person
required to furnish any information under section 6018A(a) who fails to
do so on the date prescribed therfor (determined with regard to any
extension of time for filing) shall pay a penalty of $10,000 for each
such failure.
``(b) Information Required To Be Furnished to Beneficiaries.--Any
person required to furnish in writing to each person described in
section 6018A(c) the information required under such section who fails
to do so shall pay a penalty of $250 for each such failure.
``(c) Annual Information Return Required To Be Furnished by
Beneficiary.--Any person required to furnish any information under
section 6018A(d) who fails to do so on the date prescribed therefor
(determined with regard to any extension of time for filing) shall pay
a penalty of $5,000 for each such failure.
``(d) Reasonable Cause Exception.--No penalty shall be imposed
under subsection (a), (b), or (c) with respect to a failure if it is
shown that such failure is due to reasonable cause.
``(e) Intentional Disregard.--If any failure under subsection (a),
(b), or (c) is due to intentional disregard of the requirements under
sections 6018A, the penalty under such subsection shall be 5 percent of
the fair market value as of the date of death (in the case of section
6018A(d), as of the date prescribed for furnishing such return
(determined with regard to any extension of time for filing)) of the
property with respect to which the information is required.
``(f) Deficiency Procedures Not To Apply.--Subchapter B of chapter
63 (relating to deficiency procedures for income, estate, gift, and
certain excise taxes) shall not apply in respect of the assessment or
collection of any penalty imposed by this section.''.
(2) Clerical amendment.--The table of sections for part 1
of subchapter B of chapter 68 of such Code is amended by adding
at the end the following new item:
``Sec. 6720D. Failure to file information with respect to simplified
estate tax returns.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to estates of decedents dying after December 31,
2014.
SEC. 6. SPECIAL RULE FOR REVOCATION OF TRUSTS IN CONNECTION WITH
ELECTION.
Any revesting in the grantor of title to property held in a trust,
whether by revocation, dissolution, or otherwise, shall not be subject
to any tax imposed by the Internal Revenue Code of 1986 if such
revesting occurs in 2015 or 2016 and is in connection with the
grantor's election for subchapter D of chapter 11 to apply. | American Solution for Simplifying the Estate Tax Act of 2014 - Amends the Internal Revenue to: (1) allow taxpayers an election to make annual payments of 1% of their adjusted gross income for a minimum seven-year period in lieu of existing estate and generation-skipping transfer taxes, and (2) allow a step-up in basis for estate property of a taxpayer making an election under this Act. Sets forth requirements for the filing of an estate tax return for taxpayers who have made an election under this Act. | {"src": "billsum_train", "title": "American Solution for Simplifying the Estate Tax Act of 2014"} | 3,942 | 122 | 0.449923 | 1.420704 | 0.650095 | 2.103093 | 36.608247 | 0.865979 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Regulation Reduction,
Reform, and Budget Act of 1993''.
SEC. 2. AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.
(a) Federal Regulatory Budget Cost Control System.--Title III of
the Congressional Budget Act of 1974 is amended by inserting before
section 300 the following new center heading ``PART A--GENERAL
PROVISIONS'' and by adding at the end the following new part:
``PART B--FEDERAL REGULATORY BUDGET COST CONTROL
SEC. 321. OMB-CBO REPORTS.
``(a) OMB-CBO Initial Report.--Within 1 year after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains the following:
``(1) For the first budget year beginning after the
issuance of this report, a projection of the aggregate direct
cost to the private sector of complying with all Federal
regulations in effect immediately before issuance of the report
containing the projection for that budget year of the effect of
current-year Federal regulations into the budget year and the
outyears based on those regulations.
``(2) A calculation of the estimated aggregate direct cost
to the private sector of compliance with all Federal
regulations as a percentage of the gross domestic product
(GDP).
``(3) The estimated marginal cost (measured as a reduction
in estimated gross domestic product) to the private sector of
compliance with all Federal regulations in excess of 5 percent
of the gross domestic product.
``(4) The effect on the domestic economy of different types
of Federal regulation.
``(5) The appropriate level of personnel, administrative
overhead, and programmatic savings that should be achieved on a
fiscal year by fiscal year basis by Federal agencies that issue
regulations with direct costs to the private sector through the
reduction of such aggregate costs to the private sector by
equal percentage increments in the 6 years following the budget
year until the aggregate level of such costs does not exceed 5
percent of the estimated gross domestic product for the same
fiscal year as the estimated costs that will be incurred.
``(6) Recommendations for budgeting, technical, and
estimating changes to improve the Federal regulatory budgeting
process.
``(b) Update Reports.--OMB and CBO shall issue update reports on
September 15th of the fifth year beginning after issuance of the
initial report and at 5-year intervals thereafter containing all the
information required in the initial report, but based upon all Federal
regulations in effect immediately before issuance of the most recent
update report.
``(c) Initial Baseline Report.--Within 30 days after the date of
enactment of this section, OMB and CBO shall jointly issue a report to
the President and each House of Congress that contains an initial
aggregate regulatory baseline for the first budget year that begins at
least 120 days after that date of enactment. That baseline will be a
projection of the aggregate direct cost to the private sector of
complying with all Federal regulations in effect immediately before
issuance of the report containing the projection for that budget year
of the effect of current-year Federal regulations into the budget year
and the outyears based on those regulations.
``SEC. 322. AGGREGATE REGULATORY BASELINE.
``(a) In General.--For the first budget year beginning after the
date of enactment of this section and for every other fiscal year
thereafter, the aggregate regulatory baseline refers to a projection of
the aggregate direct cost to the private sector of complying with all
Federal regulations in effect immediately before issuance of the report
containing the projection for that budget year of the effect of
current-year Federal regulations into the budget year and the outyears
based on those regulations. However, in the case of each of the
succeeding fiscal years, the baseline shall be adjusted for the
estimated growth during that year in the gross domestic product (GDP)
``(b) OMB-CBO Aggregate Regulatory Baseline Reports.--(1) The first
budget year for which there shall be an aggregate regulatory baseline
shall be the budget year to which the initial OMB-CBO baseline report
issued under section 321(c) pertains.
``(2) In the case of each budget year after the budget year
referred to in paragraph (1), not later than September 15 of the
current year, OMB and CBO shall jointly issue a report containing the
baseline referred to in subsection (a) for that budget year.
``SEC. 323. RECONCILIATION AND ALLOCATIONS.
``(a) Reconciliation Directives.--In addition to the requirements
of section 310, a concurrent resolution on the budget for any fiscal
year shall specify--
``(1) changes in laws and regulations necessary to reduce
the aggregate direct cost to the private sector of complying
with all Federal regulations by 6.5 percent for the budget year
(as measured against the aggregate regulatory baseline for the
first budget year to which this part applies) and by equal
percentage increments for each of the outyears (until the
aggregate level of such costs does not exceed 5 percent of the
estimated gross domestic product for the same fiscal year as
the estimated costs that will be incurred) for Federal agencies
that issue regulations producing direct costs to the private
sector; and
``(2) changes in laws necessary to achieve reductions in
the level of personnel and administrative overhead and to
achieve programmatic savings for the budget year and the
outyears for those agencies of the following:
``(A) In the first outyear, one-fourth of the
percent of reduction in regulatory authority from the
aggregate regulatory base.
``(B) In the second outyear, one-third of the
percent of reduction in regulatory authority from the
aggregate regulatory base.
``(C) In the third, fourth, fifth, and sixth years
following the budget year, one-half of the percent of
reduction in regulatory authority from the aggregate
regulatory base.
Section 310(c) shall not apply with respect to directions made under
this section.
``(b) Allocation of Totals.--(1) The Committees on the Budget of
the House or Representatives and the Senate shall each allocate
aggregate 2-year regulatory authority among each committee of its House
and by major functional category for the first budget year beginning
after the date of enactment of this section and for the second, fourth,
and sixth years following the budget year and then every other year
thereafter.
``(2) As soon as practicable after receiving an allocation under
paragraph (1), each committee shall subdivide its allocation among its
subcommittees or among programs over which it has jurisdiction.
``(c) Point of Order.--(1) It shall not be in order in the House of
Representatives or the Senate to consider any bill or resolution, or
amendment thereto, which would cause the appropriate allocation made
under subsection (b) for a fiscal year of regulatory authority to be
exceeded.
``(2) Waiver.--The point of order set forth in paragraph (1) may
only be waived by the affirmative vote of at least three-fifths of the
Members voting, a quorum being present.
``(d) Determinations by Budget Committees.--For purposes of this
section, the level of regulatory authority for a fiscal year shall be
determined by the Committee on the Budget of the House of
Representatives or the Senate, as the case may be.
``(e) Exceeding Allocation Totals.--Whenever any Committee of the
House of Representatives exceeds its allocation of aggregate 2-year
regulatory authority under subsection (b)(1), any Member of the House
of Representatives may offer a bill in the House (which shall be highly
privileged, unamendable, and debateable for 30 minutes) which shall
only prohibit the issuance of regulations by any agency under the
jurisdiction of that committee for the fiscal years covered by that
allocation until that committee eliminates its breach.
``SEC. 324. ANALYSIS OF REGULATORY COSTS BY CONGRESSIONAL BUDGET
OFFICE.
``CBO shall prepare for each bill or resolution of a public
character reported by any committee of the House of Representatives or
the Senate (except the Committee on Appropriations of each House), and
submit to such committee--
``(1) an estimate of the costs which would be incurred by
the private sector in carrying out or complying with such bill
or resolution in the fiscal year in which it is to become
effective and in each of the 4 fiscal years following such
fiscal year, together with the basis of each such estimate; and
``(2) a comparison of the estimate of costs described in
paragraph (1) with any available estimates of costs made by
such committee or by any Federal agency.
``SEC. 325. DEFINITIONS.
``As used in this part:
``(1) The term `CBO' refers to the Director of the
Congressional Budget Office.
``(2) The term `OMB' refers to the Director of the Office
of Management and Budget.
``(3) The term `regulatory authority' or `regulatory cost'
means the direct cost to the private sector of complying with
Federal regulations.
``(4) The term `direct costs' means (recognizing that
direct costs are not the only costs associated with Federal
regulation) all expenditures occurring as a direct result of
complying with Federal regulation, rule, statement, or
legislation, except those applying to the military or agency
organization, management, and personnel.''.
SEC. 3. PRESIDENT'S ANNUAL BUDGET SUBMISSIONS.
Section 1105(a) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(29) a regulatory authority budget analysis of the
aggregate direct cost to the private sector of complying with
all current and proposed Federal regulations and proposals for
complying with section 323 of the Congressional Budget Act of
1974 for the budget year and the outyears.''
SEC. 4. ESTIMATION AND DISCLOSURE OF COSTS OF FEDERAL REGULATION.
(a) Costs to Private Sector of New Federal Regulations.--Chapter 6
of title 5, United States Code, popularly known as the ``Regulatory
Flexibility Act'', is amended--
(1) in section 603(a) in the second sentence by inserting
before the period the following: ``and the monetary costs to
small entities, other businesses, and individuals of complying
with the proposed rule'';
(2) by adding at the end of section 603 the following:
``(d) Each initial regulatory flexibility analysis shall also
contain a description of the nature and amount of monetary costs that
will be incurred by small entities, other businesses, and individuals
in complying with the proposed rule.'';
(3) in section 604(a)--
(A) in paragraph (2) by striking ``and'' after the
semicolon;
(B) in paragraph (3) by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(4) a statement of the nature and amount of monetary
costs that will be incurred by small entities, other
businesses, and individuals in complying with the rule.''; and
(4) in section 607 by inserting before the period the
following: ``, except that estimates of monetary costs under
sections 603(d) and 604(a)(4) shall only be in the form of a
numerical description''.
(b) Agency Reports.--Each agency that prepares an initial
regulatory flexibility analysis under chapter 6 of title 5, United
States Code, shall, at the same time submit to each House of Congress
and to CBO and OMB a cost estimate and cost benefit analysis of any new
proposed regulations that would have an aggregate direct cost to the
private sector of at least $10,000,000 for any fiscal year. | Federal Regulation Reduction, Reform, and Budget Act of 1993 - Amends the Congressional Budget Act of 1974 to require the Office of Management and Budget (OMB) and the Congressional Budget Office (CBO) to jointly report to the President and the Congress on direct costs to the private sector of complying with Federal regulations. Requires such reports to be issued in five-year intervals.
Provides for initial and subsequent annual reports to the President and the Congress on an aggregate regulatory baseline which is a projection of the aggregate direct cost to the private sector of complying with Federal regulations for budget years and outyears.
Requires a concurrent resolution on the budget to include reconciliation directives specifying changes in laws and regulations necessary to reduce such direct costs and to reduce regulatory authority from the aggregate regulatory base. Provides for the allocation of aggregate two-year regulatory authority among congressional committees.
Requires the CBO to submit to the appropriate committees (except the Committees on Appropriations) an analysis of private sector regulatory costs for each public bill or resolution.
Requires the President's annual budget submissions to comply with reconciliation directives.
Amends the Regulatory Flexibility Act to require Federal agencies to prepare an analysis of the costs that will be incurred by small entities, other businesses, and individuals in complying with proposed agency rules. Requires the submission to the Congress and CBO and OMB of a cost estimate and cost benefit analysis of any new proposed regulations that would have an aggregate direct cost to the private sector of at least $10 million for any fiscal year. | {"src": "billsum_train", "title": "Federal Regulation Reduction, Reform, and Budget Act of 1993"} | 2,606 | 340 | 0.69659 | 1.95188 | 0.820686 | 3.786441 | 8.274576 | 0.911864 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Saddleback Mountain-Arizona
Settlement Act of 1995''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) in its capacity as a receiver for the Sun State Savings
and Loan Association, F.S.A., the Resolution Trust Corporation
holds a tract of land consisting of approximately 701 acres
within the city of Scottsdale, Arizona (referred to in this Act
as the ``Saddleback Property'');
(2) the Saddleback Property abuts the north boundary of the
Salt River Pima-Maricopa Indian Reservation;
(3) because the Saddleback Property includes Saddleback
Mountain and scenic hilly terrain along the Shea Boulevard
Corridor in Scottsdale, Arizona, a major portion of the
Saddleback Property has significant conservation value;
(4) pursuant to section 10(b) of the Coastal Barrier
Improvement Act of 1990 (12 U.S.C. 1441a-3(b)), the Resolution
Trust Corporation identified the conservation value of the
Saddleback Property and provided a description of the
Saddleback Property in a notice of the availability of the
property for sale;
(5) the use and disposition of the Saddleback Property are
critical to the interests of both the City and the Salt River
Pima-Maricopa Indian Community;
(6) during the course of dealings among the Community, the
City, and the Resolution Trust Corporation, disputes arose
regarding the ownership, conservation, use, and ultimate
development of the Saddleback Property;
(7) the Community, the City, and the Resolution Trust
Corporation resolved their differences concerning the
Saddleback Property by entering into an agreement that provides
for the sale, at an aggregate price equal to the highest cash
bid that has been tendered to the Resolution Trust Corporation,
of--
(A) a portion of the Saddleback Property to the
City; and
(B) the remaining portion of the Saddleback
Property to the Community; and
(8) the Settlement Agreement provides--
(A) for a suitable level of conservation for the
areas referred to in paragraph (3); and
(B) that the portion of the Saddleback Property
referred to in paragraph (7)(B) will become part of the
Reservation.
(b) Purposes.--The purposes of this Act are--
(1) to approve and confirm the Settlement, Release, and
Property Conveyance Agreement executed by the City, the
Community, and the Resolution Trust Corporation; and
(2) to ensure that the Settlement Agreement (including the
Development Agreement, the Use Agreement, and all other
associated ancillary agreements and exhibits)--
(A) is carried out; and
(B) is fully enforceable in accordance with its
terms, including judicial remedies and binding
arbitration provisions.
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions shall
apply:
(1) City.--The term ``City'' means the city of Scottsdale,
Arizona, which is a municipal corporation in the State of
Arizona.
(2) Community.--The term ``Community'' means the Salt River
Pima-Maricopa Indian Community, which is a federally recognized
Indian tribe.
(3) Dedication property.--The term ``Dedication Property''
means a portion of the Saddleback Property, consisting of
approximately 27 acres of such property, that the City will
acquire in accordance with the Settlement Agreement.
(4) Development agreement.--The term ``Development
Agreement'' means the agreement between the City and the
Community, executed on September 11, 1995, that sets forth
conditions and restrictions that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph
(11)(A); and
(B) apply to the future use and development of the
Development Property.
(5) Development property.--The term ``Development
Property'' means a portion of the Saddleback Property,
consisting of approximately 211 acres, that the Community will
acquire in accordance with the Settlement Agreement.
(6) Mountain property.--The term ``Mountain Property''
means a portion of the Saddleback Property, consisting of
approximately 365 acres, that the Community will acquire in
accordance with the Settlement Agreement.
(7) Preservation property.--The term ``Preservation
Property'' means a portion of the Saddleback Property,
consisting of approximately 98 acres, that the City will
acquire in accordance with the Settlement Agreement.
(8) Reservation.--The term ``Reservation'' means the Salt
River Pima-Maricopa Indian Reservation.
(9) Saddleback property.--The term ``Saddleback Property''
means a tract of land that--
(A) consists of approximately 701 acres within the
city of Scottsdale, Arizona; and
(B) includes the Dedication Property, the
Development Property, the Mountain Property, and the
Preservation Property.
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(11) Settlement agreement.--The term ``Settlement
Agreement''--
(A) means the Settlement, Release and Property
Conveyance Agreement executed on September 11, 1995, by
the Community, the City, and the Resolution Trust
Corporation (in its capacity as the Receiver for the
Sun State Savings and Loan Association, F.S.A.); and
(B) includes the Development Agreement, the Use
Agreement, and all other associated ancillary
agreements and exhibits.
(12) Use agreement.--The term ``Use Agreement'' means the
agreement between the City and the Community, executed on
September 11, 1995, that sets forth conditions and restrictions
that--
(A) are supplemental to the Settlement, Release and
Property Conveyance Agreement referred to in paragraph
(11)(A); and
(B) apply to the future use and development of the
Mountain Property.
SEC. 4. APPROVAL OF AGREEMENT.
The Settlement Agreement is hereby approved and ratified and shall
be fully enforceable in accordance with its terms and the provisions of
this Act.
SEC. 5. TRANSFER OF PROPERTIES.
(a) In General.--Upon satisfaction of all conditions to closing set
forth in the Settlement Agreement, the Resolution Trust Corporation
shall transfer, pursuant to the terms of the Settlement Agreement--
(1) to the Secretary, the Mountain Property and the
Development Property purchased by the Community from the
Resolution Trust Corporation; and
(2) to the City, the Preservation Property and the
Dedication Property purchased by the City from the Resolution
Trust Corporation.
(b) Trust Status.--The Mountain Property and the Development
Property transferred pursuant to subsection (a)(1) shall, subject to
sections 6 and 7--
(1) be held in trust by the United States for the
Community; and
(2) become part of the Reservation.
(c) Records.--Upon the satisfaction of all of the conditions of
closing set forth in the Settlement Agreement, the Secretary shall file
a plat of survey depicting the Saddleback Property (that includes a
depiction of the Dedication Property, the Development Property, the
Mountain Property, and the Preservation Property) with--
(1) the office of the Recorder of Maricopa County, Arizona;
and
(2) the Titles and Records Center of the Bureau of Indian
Affairs, located in Albuquerque, New Mexico.
SEC. 6. LIMITATIONS ON USE AND DEVELOPMENT.
Upon the satisfaction of all of the conditions of closing set forth
in the Settlement Agreement, the properties transferred pursuant to
paragraphs (1) and (2) of section 5(a) shall be subject to the
following limitations and conditions on use and development:
(1) Preservation property.--
(A) In general.--Except as provided in subparagraph
(B), the Preservation Property shall be forever
preserved in its natural state for use only as a public
park or recreation area that shall--
(i) be utilized and maintained for the
purposes set forth in section 4(C) of the
Settlement Agreement; and
(ii) be subject to the restrictions set
forth in section 4(C) of the Settlement
Agreement.
(B) Shea boulevard.--At the sole discretion of the
City, a portion of the Preservation Property may be
used to widen, reconfigure, repair, or reengineer Shea
Boulevard in accordance with section 4(D) of the
Settlement Agreement.
(2) Dedication property.--The Dedication Property shall be
used to widen, reconfigure, repair, or reengineer Shea
Boulevard and 136th Street, in accordance with sections 4(D)
and 7 of the Settlement Agreement.
(3) Mountain property.--Except for the areas in the
Mountain Property referred to as Special Cultural Land in
section 5(C) of the Settlement Agreement, the Mountain Property
shall be forever preserved in its natural state for use only as
a public park or recreation area that shall--
(A) be utilized and maintained for the purposes set
forth in section 5(C) of the Settlement Agreement; and
(B) be subject to the restrictions set forth in
section 5(C) of the Settlement Agreement.
(4) Development property.--The Development Property shall
be used and developed for the economic benefit of the Community
in accordance with the provisions of the Settlement Agreement
and the Development Agreement.
SEC. 7. AMENDMENTS TO THE SETTLEMENT AGREEMENT.
No amendment made to the Settlement Agreement (including any
deviation from an approved plan described in section 9(B) of the
Settlement Agreement) shall become effective, unless the amendment--
(1) is made in accordance with the applicable requirements
relating to the form and approval of the amendment under
sections 9(B) and 34 of the Settlement Agreement; and
(2) is consistent with the provisions of this Act. | Saddleback Mountain-Arizona Settlement Act of 1995 - Approves and ratifies the Settlement Agreement providing for the transfer of certain lands in Scottsdale, Arizona, by the Resolution Trust Corporation to the Salt River Pima-Maricopa Indian Community (to be held in trust by the Department of the Interior) and the City of Scottsdale. Directs the Corporation to make such land transfer.
Sets forth land use limitations (public use and development property). | {"src": "billsum_train", "title": "Saddleback Mountain-Arizona Settlement Act of 1995"} | 2,138 | 101 | 0.566741 | 1.703416 | 0.909479 | 2.72619 | 23.083333 | 0.892857 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``IDEA Improvement Act of 1994''.
SEC. 2. AMENDMENTS TO INDIVIDUALIZED EDUCATION PROGRAM TO INCREASE
ACHIEVEMENT OF ANNUAL GOALS UNDER THE PROGRAM.
(a) Amendments to Definition of Individualized Education Program.--
Section 602(a)(20) of the Individuals with Disabilities Education Act
(20 U.S.C. 1401(a)(20)) is amended--
(1) in subparagraph (A), by inserting before the comma at
the end the following: ``, or, where appropriate, a statement
of the present levels of educational performance of such child
in the general educational program established for nondisabled
children'';
(2) in subparagraph (B), by inserting before the comma at
the end the following: ``, and, where appropriate, a statement
of the annual goals designed to help the child succeed in the
general educational program established for nondisabled
children'';
(3) in subparagraph (E), by striking the ``and'' at the
end;
(4) in subparagraph (F)--
(A) by striking ``instructional objectives'' and
inserting ``the annual goals described in subparagraph
(B)''; and
(B) by striking the period at the end and inserting
a comma; and
(5) by adding at the end the following new subparagraph:
``(G) a description of how the services designated
under the previous individualized education program of
the child have been modified if, according to the
criteria and procedures designated in subparagraph (F),
the previous annual goals described in subparagraph (B)
were not substantially achieved.''.
(b) Revision of Individualized Education Program for Failure to
Substantially Achieve Annual Goals.--Section 614(a)(5) of such Act (20
U.S.C. 1414(a)(5)) is amended by adding at the end before the semicolon
the following: ``, except that the local educational agency or
intermediate educational unit shall, with respect to each child with a
disability who has failed to substantially achieve the annual goals of
the individualized education program for the prior school year, revise
the provisions of such program for such child accordingly at the
beginning of the next school year''.
SEC. 3. INCREASING PARENTAL PARTICIPATION IN THE DEVELOPMENT OF AND
IMPROVING INFORMATION ABOUT THE SPECIAL EDUCATION
PROGRAM.
(a) Increasing Participation by Parents.--Section 615(b)(1)(A) of
the Individuals with Disabilities Education Act (20 U.S.C.
1415(b)(1)(A)) is amended by inserting ``and to participate in
meetings'' after ``to examine all relevant records''.
(b) Improving Communication With Parents.--Section 615(b)(1)(C) of
such Act (20 U.S.C. 1415(b)(1)(C)) is amended by inserting ``, with
clearly written explanations of relevant terminology,'' after ``written
prior notice''.
(c) Publication of Procedural Safeguards Under Act.--Section 617 of
such Act (20 U.S.C. 1417) is amended by adding at the end the following
new subsection:
``(e) In carrying out the Secretary's duties under this part, the
Secretary shall--
``(1) not later than 6 months after the date of the
enactment of this subsection, produce a publication that--
``(A) clearly describes the procedural safeguards
available to children with disabilities and the parents
or guardians of such children under this part;
``(B) includes the steps such children and parents
or guardians should take to avail themselves of such
safeguards; and
``(C) includes a description of the procedures
relating to eligibility, initial evaluation,
development of the individualized education program or
the individualized family services program, and
educational placement, and the responsibilities of
States and local educational agencies in carrying out
the requirements of the Act; and
(2) make such publication available in various forms,
including electronic form, to appropriate Federal and State
agencies and the general public.''.
SEC. 4. ESTABLISHMENT OF MEDIATION PROCEDURES UNDER THE SPECIAL
EDUCATION PROGRAM AND THE EARLY INTERVENTION SERVICES
PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES.
(a) Mediation Under Part B.--
(1) State plan requirement.--Section 613(a) of the
Individuals with Disabilities Education Act (20 U.S.C. 1413(a))
is amended--
(A) in paragraph (14), by striking at the end ``;
and'' and inserting a semicolon;
(B) in paragraph (15), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(16) provide for procedures that will allow parties to
disputes involving the provision of free appropriate public
education to children with disabilities by any State
educational agency, local educational agency, or intermediate
educational unit which receives assistance under this part to
resolve such disputes through mediation in accordance with
section 615(f).''.
(2) Procedural safeguard requirement.--Section 615 of such
Act (20 U.S.C. 1415) is amended--
(A) in subsection (a), by striking ``subsection
(e)'' and inserting ``subsection (f);
(B) by redesignating subsection (f) as subsection
(g); and
(C) by inserting after subsection (e) the following
new subsection:
``(f)(1) The procedures required by this subsection shall allow
parties to disputes involving the provision of free appropriate public
education to children with disabilities by any State educational
agency, local educational agency, or intermediate educational unit
which receives assistance under this part to resolve such disputes
through mediation.
``(2) Such procedures shall meet the following requirements:
``(A) The procedures shall ensure that the mediation
process--
``(i) is voluntary and may be waived by any party
to the dispute at any time during such process; and
``(ii) is not used to deny or delay access by a
parent or guardian to due process hearings under this
section.
``(B) The State shall maintain a list of individuals
experienced in mediation and knowledgeable in laws and
regulations relating to the provision of special education and
related services.
``(C) The State shall bear the cost of the mediator in the
mediation process.
``(D) Each session in the mediation process shall be
scheduled in a timely manner and shall be held in a location
that is convenient to the parties to the dispute.
``(E) An agreement reached by the parties to the dispute in
the mediation process shall be set forth in a written mediation
agreement.
``(F) Discussions that occur during the mediation process
shall be confidential and may not be used as evidence in any
subsequent due process hearings, and the parties to the
mediation process may be required to sign a confidentiality
pledge prior to the commencement of such process.''.
(b) Regional Resource Center Requirement.--Section 621(a) of such
Act (20 U.S.C. 1421(a)) is amended--
(1) in paragraph (4), by striking at the end ``, and'' and
inserting a comma;
(2) in paragraph (5), by striking the period at the end and
inserting ``, and''; and
(3) by adding at the end the following new paragraph:
``(6) provide information to and training for agencies,
institutions, organizations, and parents relating to techniques
and approaches for informal dispute resolution, including
mediation.''.
(c) Parent Training and Information Programs.--Section 631(e)(5) of
such Act (20 U.S.C. 1431(e)(5)) is amended--
(1) in subparagraph (E), by striking at the end ``, and''
and inserting a comma;
(2) in subparagraph (F), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following new subparagraph:
``(G) understand the use of mediation as a means of
resolving disputes relating to the provision of special
education and related services.''.
(d) Mediation Under Part H.--
(1) State application requirement.--Section 678(a) of such
Act (20 U.S.C. 1478(a)) is amended--
(A) in paragraph (8), by striking at the end ``,
and'' and inserting a comma;
(B) by redesignating paragraph (9) as paragraph
(10); and
(C) by inserting after paragraph (8) the following
new paragraph:
``(9) a description of the procedures that will allow
parties to disputes involving the provision of early
intervention services for infants and toddlers with
disabilities under this part to resolve such disputes through
mediation in accordance with the procedural safeguards
contained in section 615(f).''.
(2) Procedural safeguard requirement.--Section 680 of such
Act (20 U.S.C. 1480) is amended by adding at the end the
following new paragraph:
``(9) Procedures that will allow parties to disputes
involving the provision of early intervention services for
infants and toddlers with disabilities under this part to
resolve such disputes through mediation in accordance with the
procedural safeguards contained in section 615(f).''.
SEC. 5. COORDINATION OF SERVICES UNDER THE SPECIAL EDUCATION PROGRAM.
(a) Interagency Agreements.--
(1) In general.--Section 612 of the Individuals with
Disabilities Education Act (20 U.S.C. 1412) is amended by
adding at the end the following:
``(8) The State education agency and other appropriate
State and local agencies have entered into interagency
agreements in accordance with section 613(a)(13).''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 1996.
(b) Coordination With Even Start, Head Start, and Related
Programs.--
(1) In general.--Section 614(a)(1) of such Act (20 U.S.C.
1414(a)(1)) is amended--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the semicolon
and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(F) provide for coordination of such programs,
where appropriate to strengthen the ability of parents
or guardians of children with disabilities to address
the needs related to such disabilities, with the Even
Start program authorized under part B of chapter 1 of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 2741 et seq.), the Head Start
program authorized under the Head Start Act (42 U.S.C.
9831 et seq.), and other programs that provide family
literacy services or other services in which parents or
guardians of children with disabilities are eligible to
participate;''.
(2) Definition of family literacy services.--Section 602(a)
of such Act (20 U.S.C. 1401(a)) is amended by adding at the end
the following new paragraph:
``(28) The term `family literacy services' has the meaning
given such term in section 637(4) of the Head Start Act (42
U.S.C. 9832(4)).''.
SEC. 6. REQUIREMENT OF GOOD FAITH ATTEMPT TO RESOLVE CONTROVERSIES FOR
REIMBURSEMENT OF ATTORNEY'S FEES.
Section 615(e)(4)(F) of the Individuals with Disabilities Education
Act (20 U.S.C. 1415(e)(4)(F)) is amended--
(1) in clause (ii), by striking ``; or'' and inserting a
semicolon;
(2) in clause (iii), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(iv) the parent or guardian did not exercise good faith
in attempting to resolve the controversy prior to filing a
complaint and requesting an impartial due process hearing under
this section.''. | IDEA Improvement Act of 1994 - Amends the Individuals with Disabilities Education Act (IDEA) to revise the definition of individualized education program to include: (1) statements of the present educational performance levels of the child, and the annual goals designed to help the child succeed, in the general educational program for nondisabled children; and (2) a description of how designed services under the previous program have been modified if the previous annual goals were not substantially achieved. Requires the local educational agency or intermediate educational unit to revise program provisions at the beginning of the next school year for each child who has failed to substantially achieve the goals for the prior school year.
Provides for increasing participation of parents in meetings relating to the development of the special education program. Provides for improved communication with parents through clearly written explanations of terminology in notices and publication of procedural safeguards under IDEA.
Establishes mediation procedures under the special education program and the early intervention services program for infants and toddlers with disabilities, including requirements relating to State plans, procedural safeguards, regional resource centers, and parent information and training programs.
Provides for coordination of services under the special education program: (1) through interagency agreements; and (2) with Even Start, Head Start, and related programs providing family literacy services or other services in which parents or guardians of children with disabilities are eligible to participate.
Requires that the parent or guardian has exercised good faith in attempting to resolve the controversy prior to filing a complaint and requesting a hearing, as a condition for reimbursement of attorney's fees. | {"src": "billsum_train", "title": "IDEA Improvement Act of 1994"} | 2,853 | 343 | 0.590592 | 1.750135 | 0.808714 | 3.921311 | 7.990164 | 0.931148 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Enhancements for Needed
Drugs Act of 2004''.
SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS.
(a) Review and Reports on Retail Prices of Prescription Drugs.--
(1) Initial review.--The Comptroller General of the United
States shall conduct a review of the retail cost of
prescription drugs in the United States during 2000 through
2003, with an emphasis on the prescription drugs most utilized
for individuals age 65 or older.
(2) Subsequent review.--After conducting the review under
paragraph (1), the Comptroller General shall continuously
review the retail cost of such drugs through April 1, 2006, to
determine the changes in such costs.
(3) Reports.--
(A) Initial review.--Not later than September 1,
2004, the Comptroller General shall submit to Congress
a report on the initial review conducted under
paragraph (1).
(B) Subsequent review.--Not later than July 1,
2005, January 1, 2006, and July 1, 2006, the
Comptroller General shall submit to Congress a report
on the subsequent review conducted under paragraph (2).
(b) Annual GAO Study and Report on Retail and Acquisition Prices of
Certain Prescription Drugs.--
(1) Ongoing study.--The Comptroller General of the United
States shall conduct an ongoing study that compares the average
retail cost in the United States for each of the 20 most
utilized prescription drugs for individuals age 65 or older
with--
(A) the average price at which private health plans
acquire each such drug;
(B) the average price at which the Department of
Defense under the Defense Health Program acquires each
such drug;
(C) the average price at which the Department of
Veterans Affairs under the laws administered by the
Secretary of Veterans Affairs acquires each such drug;
and
(D) the average negotiated price for each such drug
that eligible beneficiaries enrolled in a prescription
drug plan under part D of title XVIII of the Social
Security Act, as added by section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act
of 2003 (Public Law 108-173), that provides only basic
prescription drug coverage have access to under such
plans.
(2) Annual report.--Not later than December 1, 2007, and
annually thereafter, the Comptroller General shall submit to
Congress a report on the study conducted under paragraph (1),
together with such recommendations as the Comptroller General
determines appropriate.
SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN
COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION
DRUG PLANS.
Section 1860D-1(c)(3) of the Social Security Act, as added by
section 101 of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173), is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by striking
``subparagraph (B)'' and inserting ``subparagraphs (B)
and (C)''; and
(B) by adding at the end the following new clause:
``(vi) Average aggregate beneficiary costs
and savings.--With respect to plan years
beginning on or after January 1, 2007, the
average aggregate costs, including deductibles
and other cost-sharing, that a beneficiary will
incur for covered part D drugs in the year
under the plan compared to the average
aggregate costs that an eligible beneficiary
with no prescription drug coverage will incur
for covered part D drugs in the year.''; and
(2) by adding at the end the following new subparagraph:
``(C) Average aggregate beneficiary costs and
savings information only for basic prescription drug
plans.--The Secretary shall not provide comparative
information under subparagraph (A)(vi) with respect
to--
``(i) a prescription drug plan that
provides supplemental prescription drug
coverage; or
``(ii) a Medicare Advantage plan.''.
SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS.
(a) In General.--Section 1860D-11 of the Social Security Act, as
added by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended by
striking subsection (i) (relating to noninterference) and by inserting
the following:
``(i) Authority To Negotiate Prices With Manufacturers.--In order
to ensure that beneficiaries enrolled under prescription drug plans and
MA-PD plans pay the lowest possible price, the Secretary shall have
authority similar to that of other Federal entities that purchase
prescription drugs in bulk to negotiate contracts with manufacturers of
covered part D drugs, consistent with the requirements and in
furtherance of the goals of providing quality care and containing costs
under this part.''.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the enactment of section 101 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173).
SEC. 5. DISALLOWANCE OF DEDUCTION FOR ADVERTISING EXPENDITURES OF
TAXPAYERS WHO DISCRIMINATE AGAINST FOREIGN SELLERS OF
PRESCRIPTION DRUGS TO DOMESTIC CONSUMERS.
(a) General Rule.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items not deductible) is
amended by adding at the end the following new section:
``SEC. 280I. ADVERTISING EXPENDITURES OF TAXPAYERS WHO DISCRIMINATE
AGAINST FOREIGN SELLERS OF PRESCRIPTION DRUGS TO DOMESTIC
CONSUMERS.
``(a) In General.--No deduction otherwise allowable under this
chapter shall be allowed for any amount paid or incurred for
advertising for the taxable year by any taxpayer who at any time during
such taxable year discriminates against a qualified pharmacy or
qualified wholesaler in the sale of prescription drugs.
``(b) Advertising.--For purposes of this section, the term
`advertising' includes direct to consumer advertising and any activity
designed to promote the use of a prescription drug directed to
providers or others who may make decisions about the use of
prescription drugs (other than the provision of free samples).
``(c) Qualified Pharmacy; Qualified Wholesaler.--For purposes of
this section--
``(1) Qualified pharmacy.--The term `qualified pharmacy'
means any pharmacy located outside the United States which
sells prescription drugs to consumers living in the United
States.
``(2) Qualified wholesaler.--The term `qualified
wholesaler' means any wholesaler located outside the United
States which sells prescription drugs to entities selling
prescription drugs to consumers living in the United States.
``(d) Discrimination.--For purposes of subsection (a), a taxpayer
shall be treated as discriminating against a qualified pharmacy or
qualified wholesaler in the sale of prescription drugs if such taxpayer
publicly, privately or otherwise refuses to do business with a person
or entity on the basis that the person or entity will pass along
discounts offered to the person or entity to consumers living in the
United States.''.
(b) Clerical Amendment.--The table of sections for part IX of
subchapter B of chapter 1 of such Code is amended by adding at the end
thereof the following new item:
``Sec. 280I. Advertising expenditures of
taxpayers who discriminate
against foreign sellers of
prescription drugs to domestic
consumers.''.
(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. 6. COST CONTAINMENT INCENTIVES.
(a) In General.--Section 1860D-42 of the Social Security Act, as
added by section 101 of the Medicare Prescription Drug, Improvement,
and Modernization Act of 2003 (Public Law 108-173), is amended by
adding at the end the following new subsection:
``(c) Incentives to PDP Sponsors To Negotiate Lower Prices.--
``(1) Authority.--The Secretary is authorized to provide
incentive payments to PDP sponsors offering prescription drug
plans that provide enrollees with access to negotiated prices
used for payment of covered part D drugs under the plans that
on average are not more than 10 percent greater than the lesser
of--
``(A) the average price at which the Department of
Defense under the Defense Health Program acquires such
drugs; or
``(B) the average price at which the Department of
Veterans Affairs under the laws administered by the
Secretary of Veterans Affairs acquires such drugs.
``(2) Information from va and dod.--Upon request of the
Secretary of Health and Human Services, the Secretary of
Defense and the Secretary of Veterans Affairs shall make
available to the Secretary of Health and Human Services such
information regarding acquisition prices of prescription drugs
as the Secretary of Health and Human Services determines is
necessary to conduct the incentive payment program under this
subsection.
``(3) Application.--No incentive payments may be made under
this subsection except pursuant to an application that is
submitted and approved in a time, manner, and form specified by
the Secretary.
``(4) Funding.--There shall be available to the Secretary
from the MA Regional Plan Stabilization Fund under section
1858(e) during the period beginning on January 1, 2007, and
ending on December 31, 2013, a total of $500,000,000 for making
incentive payments under this subsection.
``(5) Annual reports.--For each year in which an incentive
payment is awarded under this subsection, the Secretary shall
submit a report to Congress containing a description of the
operation of the incentive payment program.''.
(b) Stabilization Fund Amendments.--Section 1858(e)(1) of the
Social Security Act, as added by section 221(c) of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003 (Public
Law 108-173), is amended--
(1) in the matter preceding subparagraph (A), by striking
``2'' and inserting ``3''; and
(2) by adding at the end the following new subparagraph:
``(C) PDP incentive payments.--To provide incentive
payments to PDP sponsors pursuant to section 1860D-
42(c).''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173).
SEC. 7. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT
PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE
MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND
MODERNIZATION ACT OF 2003.
(a) In General.--The Secretary shall request the National
Association of Insurance Commissioners to conduct a review of the
changes to the rules relating to medicare supplemental policies that
provide prescription drug coverage contained in subsection (v) of
section 1882 of the Social Security Act (42 U.S.C. 1395ss), as added by
section 104(a) of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173).
(b) Impact on Medicare Beneficiaries.--The review conducted
pursuant to subsection (a) should focus on the impact the changes
described in such subsec | Medicare Enhancements for Needed Drugs Act of 2004 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003 with an emphasis on the prescription drugs most utilized for individuals age 65 or older. Requires the Comptroller General, after conducting such review, to review continuously the retail cost of such drugs through April 1, 2006, to determine the changes in such costs.
Requires the Comptroller General to conduct an ongoing study, for annual reports to Congress, that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average price at which private health plans acquire each such drug; (2) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (3) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (4) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan that provides only basic prescription drug coverage.
Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with respect to covered part D drugs with such costs for the same drugs for a beneficiary with no prescription drug plan.
Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors and the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs.
Amends the Internal Revenue Code to disallow a tax deduction for advertising expenditures of taxpayers who discriminate against foreign sellers of prescription drugs to domestic consumers.
Amends SSA title XVIII to authorize the Secretary to provide incentive payments out of the Medicare Advantage Regional Plan Stabilization Fund to sponsors offering prescription drug plans that provide enrollees with access to negotiated prices for payment of covered Medicare part D drugs. Requires such prices to be on average not more than ten percent greater than the lesser of: (1) the average price at which the Department of Defense under the Defense Health Program acquires such drugs; or (2) the average price at which the Department of Veterans Affairs acquires such drugs.
Requires the Secretary to request the National Association of Insurance Commissioners to review and report to Congress on the changes to the rules relating to Medicare supplemental policies that provide prescription drug coverage under new Medicare part D. | {"src": "billsum_train", "title": "A bill to reduce the costs of prescription drugs for medicare beneficiaries, and for other purposes."} | 2,597 | 597 | 0.753259 | 2.358281 | 0.713263 | 4.578358 | 4.188433 | 0.932836 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collections of Information
Antipiracy Act''.
SEC. 2. MISAPPROPRIATION OF COLLECTIONS OF INFORMATION.
Title 17, United States Code, is amended by adding at the end the
following new chapter:
``CHAPTER 12--MISAPPROPRIATION OF COLLECTIONS OF INFORMATION
``Sec.
``1201. Definitions.
``1202. Prohibition against misappropriation.
``1203. Permitted acts.
``1204. Exclusions.
``1205. Relationship to other laws.
``1206. Civil remedies.
``1207. Criminal offenses and penalties.
``1208. Limitations on actions.
``Sec. 1201. Definitions
``As used in this chapter:
``(1) Collection of information.--The term `collection of
information' means information that has been collected and has
been organized for the purpose of bringing discrete items of
information together in one place or through one source so that
users may access them.
``(2) Information.--The term `information' means facts,
data, works of authorship, or any other intangible material
capable of being collected and organized in a systematic way.
``(3) Potential market.--The term `potential market' means
any market that a person claiming protection under section 1202
has current and demonstrable plans to exploit or that is
commonly exploited by persons offering similar products or
services incorporating collections of information.
``(4) Commerce.--The term `commerce' means all commerce
which may be lawfully regulated by the Congress.
``(5) Product or service.--A product or service
incorporating a collection of information does not include a
product or service incorporating a collection of information
gathered, organized, or maintained to address, route, forward,
transmit, or store digital online communications or provide or
receive access to connections for digital online
communications.
``Sec. 1202. Prohibition against misappropriation
``Any person who extracts, or uses in commerce, all or a
substantial part, measured either quantitatively or qualitatively, of a
collection of information gathered, organized, or maintained by another
person through the investment of substantial monetary or other
resources, so as to cause harm to the actual or potential market of
that other person, or a successor in interest of that other person, for
a product or service that incorporates that collection of information
and is offered or intended to be offered for sale or otherwise in
commerce by that other person, or a successor in interest of that
person, shall be liable to that person or successor in interest for the
remedies set forth in section 1206.
``Sec. 1203. Permitted acts
``(a) Individual Items of Information and Other Insubstantial
Parts.--Nothing in this chapter shall prevent the extraction or use of
an individual item of information, or other insubstantial part of a
collection of information, in itself. An individual item of
information, including a work of authorship, shall not itself be
considered a substantial part of a collection of information under
section 1202. Nothing in this subsection shall permit the repeated or
systematic extraction or use of individual items or insubstantial parts
of a collection of information so as to circumvent the prohibition
contained in section 1202.
``(b) Gathering or Use of Information Obtained Through Other
Means.--Nothing in this chapter shall restrict any person from
independently gathering information or using information obtained by
means other than extracting it from a collection of information
gathered, organized, or maintained by another person through the
investment of substantial monetary or other resources.
``(c) Use of Information for Verification.--Nothing in this chapter
shall restrict any person from extracting information, or from using
information within any entity or organization, for the sole purpose of
verifying the accuracy of information independently gathered,
organized, or maintained by that person. Under no circumstances shall
the information so extracted or used be made available to others in a
manner that harms the actual or potential market for the collection of
information from which it is extracted or used.
``(d) Nonprofit Educational, Scientific, or Research Uses.--Nothing
in this chapter shall restrict any person from extracting or using
information for nonprofit educational, scientific, or research purposes
in a manner that does not harm the actual or potential market for the
product or service referred to in section 1202.
``(e) News Reporting.--Nothing in this chapter shall restrict any
person from extracting or using information for the sole purpose of
news reporting, including news gathering, dissemination, and comment,
unless the information so extracted or used is time sensitive, has been
gathered by a news reporting entity for distribution to a particular
market, and has not yet been distributed to that market, and the
extraction or use is part of a consistent pattern engaged in for the
purpose of direct competition in that market.
``(f) Transfer of Copy.--Nothing in this chapter shall restrict the
owner of a particular lawfully made copy of all or part of a collection
of information from selling or otherwise disposing of the possession of
that copy.
``Sec. 1204. Exclusions
``(a) Government Collections of Information.--
``(1) Exclusion.--Protection under this chapter shall not
extend to collections of information gathered, organized, or
maintained by or for a government entity, whether Federal,
State, or local, including any employee or agent of such
entity, or any person exclusively licensed by such entity,
within the scope of the employment, agency, or license. Nothing
in this subsection shall preclude protection under this chapter
for information gathered, organized, or maintained by such an
agent or licensee that is not within the scope of such agency
or license, or by a Federal or State educational institution in
the course of engaging in education or scholarship.
``(2) Exception.--The exclusion under paragraph (1) does
not apply to any information required to be collected and
disseminated--
``(A) under the Securities Exchange Act of 1934 by
a national securities exchange, a registered securities
association, or a registered securities information
processor, subject to section 1205(g) of this title; or
``(B) under the Commodity Exchange Act by a
contract market, subject to section 1205(g) of this
title.
``(b) Computer Programs.--
``(1) Protection not extended.--Subject to paragraph (2),
protection under this chapter shall not extend to computer
programs, including, but not limited to, any computer program
used in the manufacture, production, operation, or maintenance
of a collection of information, or any element of a computer
program necessary to its operation.
``(2) Incorporated collections of information.--A
collection of information that is otherwise subject to
protection under this chapter is not disqualified from such
protection solely because it is incorporated into a computer
program.
``Sec. 1205. Relationship to other laws
``(a) Other Rights Not Affected.--Subject to subsection (b),
nothing in this chapter shall affect rights, limitations, or remedies
concerning copyright, or any other rights or obligations relating to
information, including laws with respect to patent, trademark, design
rights, antitrust, trade secrets, privacy, access to public documents,
and the law of contract.
``(b) Preemption of State Law.--On or after the effective date of
this chapter, all rights that are equivalent to the rights specified in
section 1202 with respect to the subject matter of this chapter shall
be governed exclusively by Federal law, and no person is entitled to
any equivalent right in such subject matter under the common law or
statutes of any State. State laws with respect to trademark, design
rights, antitrust, trade secrets, privacy, access to public documents,
and the law of contract shall not be deemed to provide equivalent
rights for purposes of this subsection.
``(c) Relationship to Copyright.--Protection under this chapter is
independent of, and does not affect or enlarge the scope, duration,
ownership, or subsistence of, any copyright protection or limitation,
including, but not limited to, fair use, in any work of authorship that
is contained in or consists in whole or part of a collection of
information. This chapter does not provide any greater protection to a
work of authorship contained in a collection of information, other than
a work that is itself a collection of information, than is available to
that work under any other chapter of this title.
``(d) Antitrust.--Nothing in this chapter shall limit in any way
the constraints on the manner in which products and services may be
provided to the public that are imposed by Federal and State antitrust
laws, including those regarding single suppliers of products and
services.
``(e) Licensing.--Nothing in this chapter shall restrict the rights
of parties freely to enter into licenses or any other contracts with
respect to the use of collections of information.
``(f) Communications Act of 1934.--Nothing in this chapter shall
affect the operation of the provisions of the Communications Act of
1934 (47 U.S.C. 151 et seq.), or shall restrict any person from
extracting or using subscriber list information, as such term is
defined in section 222(f)(3) of the Communications Act of 1934 (47
U.S.C. 222(f)(3)), for the purpose of publishing telephone directories
in any format.
``(g) Securities Exchange Act of 1934 and Commodity Exchange Act.--
Nothing in this chapter shall affect--
``(1) the operation of the provisions of the Securities
Exchange Act of 1934 (15 U.S.C. 58a et seq.) or the Commodity
Exchange Act (7 U.S.C. 1 et seq.);
``(2) the public nature of information with respect to
quotations for and transactions in securities that is
collected, processed, distributed, or published pursuant to the
requirements of the Securities Exchange Act of 1934;
``(3) the obligations of national securities exchanges,
registered securities associations, or registered information
processors under the Securities Exchange Act of 1934; or
``(4) the jurisdiction or authority of the Securities and
Exchange Commission or the Commodity Futures Trading
Commission.
``Sec. 1206. Civil remedies
``(a) Civil Actions.--Any person who is injured by a violation of
section 1202 may bring a civil action for such a violation in an
appropriate United States district court without regard to the amount
in controversy, except that any action against a State governmental
entity may be brought in any court that has jurisdiction over claims
against such entity.
``(b) Temporary and Permanent Injunctions.--Any court having
jurisdiction of a civil action under this section shall have the power
to grant temporary and permanent injunctions, according to the
principles of equity and upon such terms as the court may deem
reasonable, to prevent a violation of section 1202. Any such injunction
may be served anywhere in the United States on the person enjoined, and
may be enforced by proceedings in contempt or otherwise by any United
States district court having jurisdiction over that person.
``(c) Impoundment.--At any time while an action under this section
is pending, the court may order the impounding, on such terms as it
deems reasonable, of all copies of contents of a collection of
information extracted or used in violation of section 1202, and of all
masters, tapes, disks, diskettes, or other articles by means of which
such copies may be reproduced. The court may, as part of a final
judgment or decree finding a violation of section 1202, order the
remedial modification or destruction of all copies of contents of a
collection of information extracted or used in violation of section
1202, and of all masters, tapes, disks, diskettes, or other articles by
means of which such copies may be reproduced.
``(d) Monetary Relief.--When a violation of section 1202 has been
established in any civil action arising under this section, the
plaintiff shall be entitled to recover any damages sustained by the
plaintiff and defendant's profits not taken into account in computing
the damages sustained by the plaintiff. The court shall assess such
profits or damages or cause the same to be assessed under its
direction. In assessing profits the plaintiff shall be required to
prove defendant's gross revenue only; defendant must prove all elements
of cost or deduction claims. In assessing damages the court may enter
judgment, according to the circumstances of the case, for any sum above
the amount found as actual damages, not exceeding three times such
amount. The court in its discretion may award reasonable costs and
attorney's fees to the prevailing party and shall award such costs and
fees where it determines that an action was brought under this chapter
in bad faith against a nonprofit educational, scientific, or research
institution, library, or archives, or an employee or agent of such an
entity, acting within the scope of his or her employment.
``(e) Reduction or Remission of Monetary Relief for Nonprofit
Educational, Scientific, or Research Institutions.--The court shall
reduce or remit entirely monetary relief under subsection (d) in any
case in which a defendant believed and had reasonable grounds for
believing that his or her conduct was permissible under this chapter,
if the defendant was an employee or agent of a nonprofit educational,
scientific, or research institution, library, or archives acting within
the scope of his or her employment.
``(f) Actions Against United States Government.--Subsections (b)
and (c) shall not apply to any action against the United States
Government.
``(g) Relief Against State Entities.--The relief provided under
this section shall be available against a State governmental entity to
the extent permitted by applicable law.
``Sec. 1207. Criminal offenses and penalties
``(a) Violation.--
``(1) In general.--Any person who violates section 1202
willfully, and--
``(A) does so for direct or indirect commercial
advantage or financial gain; or
``(B) causes loss or damage aggregating $10,000 or
more in any 1-year period to the person who gathered,
organized, or maintained the information concerned,
shall be punished as provided in subsection (b).
``(2) Inapplicability.--This section shall not apply to an
employee or agent of a nonprofit educational, scientific, or
research institution, library, or archives acting within the
scope of his or her employment.
``(b) Penalties.--An offense under subsection (a) shall be
punishable by a fine of not more than $250,000 or imprisonment for not
more than 5 years, or both. A second or subsequent offense under
subsection (a) shall be punishable by a fine of not more than $500,000
or imprisonment for not more than 10 years, or both.
``Sec. 1208. Limitations on actions
``(a) Criminal Proceedings.--No criminal proceeding shall be
maintained under this chapter unless it is commenced within three years
after the cause of action arises.
``(b) Civil Actions.--No civil action shall be maintained under
this chapter unless it is commenced within three years after the cause
of action arises or claim accrues.
``(c) Additional Limitation.--No criminal or civil action shall be
maintained under this chapter for the extraction or use of all or a
substantial part of a collection of information that occurs more than
15 years after the investment of resources that qualified the portion
of the collection of information for protection under this chapter that
is extracted or used.''.
SEC. 3. CONFORMING AMENDMENT.
The table of chapters for title 17, United States Code, is amended
by adding at the end the following:
``12. Misappropriation of Collections of Information........ 1201''.
SEC. 4. CONFORMING AMENDMENTS TO TITLE 28, UNITED STATES CODE.
(a) District Court Jurisdiction.--Section 1338 of title 28, United
States Code, is amended--
(1) in the section heading by inserting ``misappropriations
of collections of information,'' after ``trade-marks,''; and
(2) by adding at the end the following:
``(d) The district courts shall have original jurisdiction of any
civil action arising under chapter 12 of title 17, relating to
misappropriation of collections of information. Such jurisdiction shall
be exclusive of the courts of the States, except that any action
against a State governmental entity may be brought in any court that
has jurisdiction over claims against such entity.''.
(b) Conforming Amendment.--The item relating to section 1338 in the
table of sections for chapter 85 of title 28, United States Code, is
amended by inserting ``misappropriations of collections of
information,'' after ``trade-marks,''.
(c) Court of Federal Claims Jurisdiction.--Section 1498(e) of title
28, United States Code, is amended by inserting ``and to protections
afforded collections of information under chapter 12 of title 17''
after ``chapter 9 of title 17''.
SEC. 5. EFFECTIVE DATE.
(a) In General.--This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act, and shall apply
to acts committed on or after that date.
(b) Prior Acts Not Affected.--No person shall be liable under
chapter 12 of title 17, United States Code, as added by section 2 of
this Act, for the use of information lawfully extracted from a
collection of information prior to the effective date of this Act, by
that person or by that person's predecessor in interest.
Passed the House of Representatives May 19, 1998.
Attest:
ROBIN H. CARLE,
Clerk. | Collections of Information Antipiracy Act - Amends Federal copyright law to make persons who extract, or use in commerce, a substantial part of a collection of information gathered or maintained by another person through the investment of substantial resources, so as to harm the other person's (or a successor's) actual or potential market for a product or service that incorporates such information and is offered or intended to be offered in commerce liable to the person (or a successor) for remedies under this Act.
Exempts certain activities from this Act, including the extraction or use of individual items of information or extraction or use of information for verification, nonprofit educational, scientific, or research, or news reporting purposes.
Provides that protection shall not extend to information gathered or maintained by or for a government entity or to computer programs. Protects information required to be collected and disseminated by a national securities exchange, a registered security association, or a registered securities information processor under the Securities Exchange Act of 1934 or a contract market under the Commodity Exchange Act. Provides that information otherwise subject to protection is not disqualified from protection solely because it is incorporated into a computer program.
Requires all rights specified in this Act to be governed exclusively by Federal law, thus preempting State law.
Declares that protection under this Act is independent of, and does not affect or enlarge, any copyright protection in any work that is contained in or consists of a collection of information.
Authorizes civil actions to be brought for violations of this Act. Provides for injunctions to prevent violations and authorizes impoundment of all copies of information extracted or used in violation. Entitles plaintiffs to specified monetary relief. Reduces or remits monetary relief for nonprofit educational, scientific, or research institutions in cases where an employee believed conduct to be permissible. Makes provisions regarding injunctions and impoundment inapplicable to actions against the U.S. Government. Provides for relief against State entities.
Prescribes criminal penalties for certain willful violations. Provides for a three-year statute of limitations on civil and criminal actions. Bars the maintenance of actions for the extraction or use of a collection of information that occurs more than 15 years after the investment of resources that qualified the information for protection. | {"src": "billsum_train", "title": "Collections of Information Antipiracy Act"} | 3,934 | 507 | 0.551314 | 1.828297 | 0.754722 | 3.565421 | 8.474299 | 0.88785 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strict Liability for Safer Streets
Act of 1993''.
TITLE I--STRICT LIABILITY OF MANUFACTURERS AND IMPORTERS OF HANDGUNS
AND ASSAULT WEAPONS
SEC. 101. CAUSE OF ACTION; FEDERAL JURISDICTION.
(a) In General.--Any person suffering bodily injury, death, or
property damage, as a result of the discharge of a handgun or an
assault weapon may bring an action in any United States district court
against any permissible defendant for damages and such other relief as
the court deems appropriate.
(b) Permissible Defendants.--The following persons are permissible
defendants in an action brought under subsection (a) with respect to a
handgun or an assault weapon:
(1) Any manufacturer of the handgun or assault weapon.
(2) Any importer of the handgun or assault weapon.
SEC. 102. STRICT LIABILITY.
(a) In General.--Each defendant in an action brought under section
101(a) shall be held strictly liable in tort, without regard to fault
or proof of defect, for all direct and consequential damages that arise
from bodily injury, death, and property damage, proximately resulting
from the discharge of the handgun or assault weapon with respect to
which the defendant is a permissible defendant, except as provided in
subsection (b) of this section.
(b) Defenses.--
(1) Injury while committing a felony.--There shall be no
liability under subsection (a) if it is established by a
preponderance of the evidence that the plaintiff suffered the
bodily injury, death, or property damage, while committing a
crime punishable by death, or by imprisonment for life or for
any term of years.
(2) Self-inflicted injury.--There shall be no liability
under subsection (a) if it is established by a preponderance of
the evidence that the plaintiff's bodily injury or death was
self-inflicted, or that the property damage was caused by the
plaintiff.
(3) Injury by law enforcement officer.--There shall be no
liability under subsection (a) if it is established by a
preponderance of the evidence that the injury was suffered as a
result of the discharge, by a law enforcement officer in the
performance of official duties, of a handgun or assault weapon
issued by the United States or any department or agency
thereof, or any State or any department, agency, or political
subdivision thereof.
(4) Injury by member of the united states armed forces.--
There shall be no liability under subsection (a) if it is
established by a preponderance of the evidence that the injury
was suffered as a result of the discharge, by a member of the
Armed Forces of the United States in the performance of
military duties, of a handgun or assault weapon issued by the
United States or any department or agency thereof.
(5) Injury by security guard.--There shall be no liability
under subsection (a) if it is established by a preponderance of
the evidence that the injury was suffered as a result of the
discharge, by an individual within the scope of employment as a
security guard, of a handgun or assault weapon issued by the
employer of the individual.
(c) Authority to Award a Reasonable Attorney's Fee.--In an action
brought under section 101(a), the court may, in its discretion, allow
the prevailing party a reasonable attorney's fee as part of the costs.
SEC. 103. STATUTE OF LIMITATIONS.
An action may not be brought under section 101(a) after the 2-year
period that begins with the date the injury described therein is
discovered.
SEC. 104. APPLICABILITY.
This title shall apply only to handguns and assault weapons
manufactured in or imported into the United States after the effective
date of this Act.
SEC. 105. NO EFFECT ON OTHER CAUSES OF ACTION.
This title shall not be construed to limit the scope of any other
cause of action available to a person who suffers bodily injury, death,
or property damage, as a result of the discharge of a handgun or an
assault weapon.
SEC. 106. DEFINITIONS.
As used in this title:
(1) Handgun.--The term ``handgun'' means a firearm which,
at the time of manufacture, had a barrel of less than 12 inches
in length.
(2) Assault weapon.--The term ``assault weapon'' means--
(A) a firearm--
(i) which--
(I) has a barrel of 12 or more
inches in length; and
(II) is capable of receiving
ammunition directly from a large
capacity ammunition magazine;
(ii) which is a semiautomatic firearm which
is--
(I) not generally recognized as
particularly suitable for, or readily
adaptable to, sporting purposes; or
(II) concealable on a person; or
(B) a firearm which is substantially functionally
equivalent to a firearm described by clause (i) or (ii)
of subparagraph (A).
(3) Large capacity ammunition magazine.--The term ``large
capacity ammunition magazine'' means a detachable magazine,
belt, drum, feed strip, or similar device which has, or which
can be readily restored or converted to have, a capacity of 15
or more rounds of ammunition.
(4) Semiautomatic firearm.--The term ``semiautomatic
firearm'' means any repeating firearm which utilizes a portion
of the energy of a firing cartridge to extract the fired
cartridge case and chamber the next round, and which requires a
separate pull of the trigger to fire each cartridge.
(5) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, or of a State or political subdivision thereof, who is
authorized by law to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
law.
(6) Other terms.--The terms ``firearm'', ``importer'', and
``manufacturer'' shall have the meanings given such terms,
respectively, in paragraphs (3), (9), and (10) of section
921(a) of title 18, United States Code.
SEC. 107. EFFECTIVE DATE.
This title shall apply to conduct occurring after the date of the
enactment of this Act.
TITLE II--REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS
SEC. 201. REPORT TO VICTIMS ON FEDERAL CRIMES COMMITTED WITH FIREARMS.
Within 30 days after a conviction is obtained in any Federal court
of a crime during or in relation to which an individual was injured or
killed by a firearm (as defined in section 921(a)(3) of title 18,
United States Code), the United States attorney prosecuting the case
shall report, on whether title I of this Act applies to the firearm,
to--
(1) the individual; or
(2) if the individual is dead--
(A) the closest relative of the individual; or
(B) if there is no such relative, the estate of the
individual.
TITLE III--REVENUE PROVISIONS
SEC. 301. INCREASE IN TAX ON FIREARMS.
(a) In General.--Section 4181 of the Internal Revenue Code of 1986
(relating to imposition of tax on firearms) is amended to read as
follows:
``SEC. 4181. IMPOSITION OF TAX.
``There is hereby imposed a tax on the sale by the manufacturer,
producer, or importer of any firearm, shell, or cartridge a tax equal
to--
``(1) in the case of firearms, 20 percent of the price for
which so sold, and
``(2) in the case of shells and cartridges, 11 percent of
the price for which so sold.''
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the 1st day of the 1st calendar month beginning more
than 30 days after the date of the enactment of this Act.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any firearm on which
tax was imposed under section 4181 of the Internal Revenue Code
of 1986 before the tax-increase date and which is held on such
date for sale by any dealer, there is hereby imposed a floor
stocks tax on such firearm.
(2) Amount of tax.--The amount of tax imposed by paragraph
(1) with respect to any firearm shall be equal to the amount of
tax imposed under section 4181 of such Code with respect to
such firearm before the tax-increase date.
(3) Liability for tax and method of payment.--
(A) Liability for tax.--Any dealer holding any
firearm on the tax-increase date 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 paid in such manner as the
Secretary of the Treasury or his delegate shall
prescribe by regulations.
(C) Time for payment.--The tax imposed by paragraph
(1) shall be paid before the close of the 6-month
period beginning on the tax-increase date.
(4) Definitions.--For purposes of this subsection--
(A) Tax-increase date.--The term ``tax-increase
date'' means the 1st day of the 1st calendar month
beginning more than 30 days after the date of the
enactment of this Act.
(B) Firearm.--The term ``firearm'' has the same
meaning as when used in section 4181 of such Code.
(5) Other laws applicable.--All provisions of law,
including penalties, applicable with respect to the taxes
imposed by section 4181 of such Code shall, insofar as
applicable and not inconsistent with the provisions of this
subsection, apply to the floor stocks taxes imposed by
paragraph (1), to the same extent as if such taxes were imposed
by such section 4181.
SEC. 302. HOSPITAL GUNSHOT COST RELIEF 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. HOSPITAL GUNSHOT COST RELIEF 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 `Hospital Gunshot
Cost Relief Trust Fund', consisting of such amounts as may be
appropriated or credited to such Trust Fund as provided in this section
or section 9602(b).
``(b) Transfers to Trust Fund.--
``(1) In general.--There are hereby appropriated to the
Hospital Gunshot Cost Relief Trust Fund amounts equivalent to
50 percent of the net revenues received in the Treasury from
the firearms tax.
``(2) Net revenues.--For purposes of paragraph (1), the
term `net revenues' means the amount estimated by the Secretary
based on the excess of--
``(A) the firearms taxes received in the Treasury,
over
``(B) the decrease in the tax imposed by chapter 1
resulting from the firearms taxes.
``(3) Firearms tax.--For purposes of this section, the term
`firearms tax' means the tax imposed by section 4181 with
respect to firearms (within the meaning of such section).
``(c) Expenditures From Trust Fund.--Amounts in the Hospital
Gunshot Cost Relief Trust Fund shall be available, as provided in
appropriation Acts, only for purposes of making expenditures to assist
hospitals located in urban areas in defraying the costs incurred in
providing medical care to gunshot victims who are not covered under any
health plan.''
(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. Hospital Gunshot Cost Relief
Trust Fund.'' | TABLE OF CONTENTS:
Title I: Strict Liability of Manufacturers and Importers of
Handguns and Assault Weapons
Title II: Report to Victims on Federal Crimes Committed
With Firearms
Title III: Revenue Provisions
Strict Liability for Safer Streets Act of 1993 -
Title I: Strict Liability of Manufacturers and Importers of Handguns and Assault Weapons
- Authorizes any person suffering bodily injury, death, or property damage as a result of the discharge of a handgun or an assault weapon (weapon) to bring an action against any manufacturer or importer of such weapon for damages and such other relief as the court deems appropriate in U.S. district court.
Specifies that each such defendant shall be held strictly liable in tort for all direct and consequential damages arising from bodily injury, death, and property damage proximately resulting from the discharge of the weapon, with exceptions for: (1) injury while committing a felony; (2) self-inflicted injury; (3) injury by a law enforcement officer; (4) injury by a member of the U.S. armed forces; and (5) injury by a security guard.
Authorizes the court to allow the prevailing party to recover a reasonable attorney's fee.
Sets a two-year statute of limitations that begins with the date the injury is discovered.
Makes this title applicable only to weapons manufactured in or imported into the United States after the effective date of this Act.
Title II: Report to Victims on Federal Crimes Committed with Firearms
- Requires the U.S. attorney prosecuting a case, after a conviction is obtained in any Federal court of a crime during or in relation to which an individual was injured or killed by a firearm, to report on whether title I of this Act applies to the firearm, to the individual, or, if the individual is dead, to the closest relative of the individual (or, if there is no such relative, the estate of the individual).
Title III: Revenue Provisions
- Amends the Internal Revenue Code to increase the tax on firearms.
Imposes a floor stock tax on specified firearms.
Establishes in the Treasury a Hospital Gunshot Cost Relief Trust Fund to assist hospitals located in urban areas in defraying costs incurred in providing medical care to gunshot victims who are not covered under any health plan. | {"src": "billsum_train", "title": "Strict Liability for Safer Streets Act of 1993"} | 2,781 | 542 | 0.632897 | 1.951239 | 0.698606 | 5.04646 | 5.353982 | 0.922566 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fairness to All Vietnam Veterans
Act''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam
Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to
construct a memorial ``in honor and recognition of the men and
women of the Armed Forces of the United States who served in
the Vietnam war''.
(2) The Memorial Fund determined that the most fitting
tribute to those who served in the Vietnam war would be to
permanently inscribe the names of the members of the Armed
Forces who died during the Vietnam war, or who remained missing
at the conclusion of the war, on a memorial wall.
(3) The Memorial Fund relied on the Department of Defense
to compile the list of individuals whose names would be
inscribed on the memorial wall and the criteria for inclusion
on such list.
(4) The Memorial Fund established procedures under which
mistakes and omissions in the inscription of names on the
memorial wall could be corrected.
(5) Under such procedures, the Department of Defense
established eligibility requirements that must be met before
the Memorial Fund will make arrangements for the name of a
veteran to be inscribed on the memorial wall.
(6) The Department of Defense determines the eligibility
requirements and has periodically modified such requirements.
(7) As of February 1981, in order for the name of a veteran
to be eligible for inscription on the memorial wall, the
veteran must have--
(A) died in Vietnam between November 1, 1955, and
December 31, 1960;
(B) died in a specified geographic combat zone on
or after January 1, 1961;
(C) died as a result of physical wounds sustained
in such combat zone; or
(D) died while participating in, or providing
direct support to, a combat mission immediately en
route to or returning from such combat zone.
(8) Public Law 106-214 (114 Stat. 335) authorizes the
American Battle Monuments Commission to provide for the
placement of a plaque within the Vietnam Veterans Memorial ``to
honor those Vietnam veterans who died after their service in
the Vietnam war, but as a direct result of that service, and
whose names are not otherwise eligible for placement on the
memorial wall''.
(9) The names of a number of veterans who died during the
Vietnam war are not eligible for inscription on the memorial
wall or the plaque.
(10) Examples of such names include the names of the 74
servicemembers who died aboard the USS Frank E. Evans (DD-174)
on June 3, 1969, while the ship was briefly outside the combat
zone participating in a training exercise.
SEC. 3. STUDY AND REPORT.
(a) Study.--The Secretary of Defense shall conduct a study that--
(1) identifies the veterans (as defined in section 101(2)
of title 38, United States Code) who died on or after November
1, 1955, as a direct or indirect result of military operations
in southeast Asia and whose names are not eligible for
inscription on the memorial wall of the Vietnam Veterans
Memorial;
(2) evaluates the feasibility and equitability of revising
the eligibility requirements applicable to the inscription of
names on the memorial wall to be more inclusive of such
veterans; and
(3) evaluates the feasibility and equitability of creating
an appropriate alternative means of recognition for such
veterans, including any such alternatives involving an
education center at the Vietnam Veterans Memorial.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report based on the study conducted under subsection (a).
Such report shall include--
(1) the reasons (organized by category) that the names of
the veterans identified under subsection (a)(1) are not
eligible for inscription on the memorial wall under current
eligibility requirements, and the number of veterans affected
in each category;
(2) a list of the alternative eligibility requirements
considered under subsection (a)(2);
(3) a list of the alternative means of recognition
considered under subsection (a)(3); and
(4) the conclusions and recommendations of the Secretary of
Defense with regard to the feasibility and equitability of each
alternative considered.
(c) Consultations.--In conducting the study under subsection (a)
and preparing the report under subsection (b), the Secretary of Defense
shall consult with--
(1) the Secretary of Veterans Affairs;
(2) the Secretary of the Interior;
(3) the Vietnam Veterans Memorial Fund, Inc.;
(4) the American Battle Monuments Commission;
(5) the Vietnam Women's Memorial, Inc.; and
(6) the National Capital Planning Commission. | Fairness to All Vietnam Veterans Act - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them, including alternatives involving an education center at the Memorial. | {"src": "billsum_train", "title": "To require the Secretary of Defense to report to Congress regarding the requirements applicable to the inscription of veterans' names on the memorial wall of the Vietnam Veterans Memorial."} | 997 | 104 | 0.582281 | 1.507097 | 0.783261 | 3.260417 | 10.510417 | 0.947917 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military and Civilian Victims
Payroll Tax Relief Act of 2001''.
SEC. 2. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF THE ARMED FORCES AND
VICTIMS OF TERRORISTIC OR MILITARY ACTIONS.
(a) Individuals Dying as a Result of Terroristic or Military
Actions.--Section 692 of the Internal Revenue Code of 1986 (relating to
income taxes of members of Armed Forces on death) amended by adding at
the end the following new subsection:
``(d) Individuals Dying as a Result of Terroristic or Military
Actions.--
``(1) In general.--In the case of any individual who dies
as a result of wounds, injury, or illness incurred as a result
of terroristic or military action (other than a death to which
subsection (a) or (c) applies), any tax imposed by this
subtitle shall not apply--
``(A) with respect to the taxable year in which
falls the date of such individual's death, and
``(B) with respect to any prior taxable year in the
period beginning with the last taxable year ending
before the taxable year in which the wounds, injury, or
illness were incurred.
``(2) Exceptions.--
``(A) Taxation of certain benefits.--Subject to
such rules as the Secretary may prescribe, paragraph
(1) shall not apply to the amount of any tax imposed by
this subtitle which would be computed by only taking
into account the items of income, gain, or other
amounts attributable to--
``(i) amounts payable in the taxable year
by reason of the death of an individual
described in paragraph (1) which would have
been payable in such taxable year if the death
had occurred by reason of an event other than
an event described in paragraph (1), or
``(ii) amounts payable in the taxable year
which would not have been payable in such
taxable year but for an action taken after the
date of the applicable terrorist attack.
``(B) No relief for perpetrators.--Paragraph (1)
shall not apply with respect to any individual
identified by the Attorney General to have been a
participant or conspirator in any event described in
paragraph (1) or a representative of such individual.
``(3) Terroristic or military action.--For purposes of this
subsection, the term `terroristic or military action' has the
meaning given to such term by subsection (c)(2). Such term
includes the terrorist attacks against the United States on
April 19, 1995, September 11, 2001, and the terrorist attack
involving anthrax occurring on or after September 11, 2001, and
before January 1, 2002.''.
(b) Refund of Other Taxes Paid.--Section 692 of such Code, as
amended by subsection (a), is amended by adding at the end the
following new subsection:
``(e) Refund of Employment Taxes Paid.--In determining the amount
of tax under this section to be credited or refunded as an overpayment
with respect to any individual for any period, such amount shall be
increased by an amount equal to the amount of taxes imposed and
collected under chapter 21 and sections 3201(a), 3211(a)(1), and
3221(a) with respect to such individual for such period.''.
(c) Conforming Amendments.--
(1) Section 5(b)(1) is amended by inserting ``and victims
of certain terrorist attacks'' before ``on death''.
(2) Section 6013(f)(2)(B) is amended by inserting ``and
victims of certain terrorist attacks'' before ``on death''.
(d) Clerical Amendments.--
(1) The heading of section 692 is amended to read as
follows:
``SEC. 692. INCOME AND EMPLOYMENT TAXES OF MEMBERS OF ARMED FORCES AND
VICTIMS OF TERRORIST ATTACKS ON DEATH.''.
(2) The item relating to section 692 in the table of
sections for part II of subchapter J of chapter 1 is amended to
read as follows:
``Sec. 692. Income and employment taxes
of members of Armed Forces and
victims of terrorist attacks on
death.''.
(e) Effective Date; Waiver of Limitations.--
(1) Effective date.--The amendments made by this section
shall apply to taxable years ending before, on, or after
September 11, 2001.
(2) Waiver of limitations.--If refund or credit of any
overpayment of tax resulting from the amendments made by this
section is prevented at any time before the close of the 1-year
period beginning on the date of the enactment of this Act by
the operation of any law or rule of law (including res
judicata), such refund or credit may nevertheless be made or
allowed if claim therefor is filed before the close of such
period. | Military and Civilian Victims Payroll Tax Relief Act of 2001 - Amends the Internal Revenue Code to exempt from income and employment taxes any individual who dies as a result of wounds, injury, or illness incurred as a result of terroristic or military action. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide income and employment tax relief for military and civilian victims of terroristic or military action."} | 1,130 | 63 | 0.574458 | 1.386834 | 0.821379 | 6.914894 | 20.978723 | 0.957447 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Regulatory Review Act of 2011''.
SEC. 2. IN GENERAL.
(a) Chapter 5 of title 5, United States Code, is amended by
inserting after section 553 the following:
``Sec. 553a. Periodic review of major rules
``(a) Identification of Major Rules.--On the date that is 6 months
prior to the date that is 10 years after the date on which a rule takes
effect, the Administrator of the Office of Information and Regulatory
Affairs in the Office of Management and Budget shall submit to the
agency that made that rule and to the Congress a determination as to
whether or not that rule is a major rule.
``(b) Review by Agency.--If an agency receives a determination
under subsection (a) that a rule is a major rule, the agency head
shall, not later than 10 years after the date on which the rule takes
effect and every 10 years thereafter, complete a review of that rule
consistent with the following:
``(1) The review shall identify the costs and benefits of
the rule.
``(2) The review shall identify each amendment to the rule
that would accomplish the same statutory objectives but result
in different costs and benefits.
``(3) The review shall identify the costs and benefits of
repealing the rule.
``(c) Publication of Review.--Not later than 30 days after the date
that is 10 years after the date on which the rule takes effect, the
agency shall publish in the Federal Register and submit to Congress a
report summarizing the results of the review under subsection (b),
including information on each set of costs and benefits identified
pursuant to paragraphs (1) through (3) of subsection (b).
``(d) Comment Phase.--During the 90-day period beginning on the
date that the report under subsection (c) is published, the agency
shall give interested persons an opportunity to submit a comment on the
review through submission of written data, views, or arguments with or
without opportunity for oral presentation.
``(e) Final Determination on the Rule.--After consideration of the
relevant matter presented, the agency shall make a final determination
on whether the rule should be amended, continue in effect without
amendment, or be repealed, and not later than 30 days after the period
described in subsection (d) expires, publish that final determination
in the Federal Register. That final determination shall be made as to
whether there is a way to accomplish the objectives of the rule in a
more effective, less burdensome, or less costly manner.
``(f) Review by the Administrator.--Each final determination by an
agency under subsection (e) shall be reviewed by the Administrator not
later than 30 days after the agency publishes that determination. If
the Administrator determines that the agency determination with regard
to that rule does not result in an outcome that accomplishes the
objectives of the rule in a more effective, less burdensome, or less
costly manner, then the Administrator shall notify the agency promptly
and the Director of the Office of Management and Budget shall make a
determination as to whether the agency determination should be revised.
``(g) Repealed Rules; Amended Rules.--
``(1) Repealed rules.--If the agency determines that the
rule should be repealed, the agency may establish a transition
period of not more than 6 months for the repeal of the rule.
The rule shall cease to have effect beginning on the date that
the transition period ends.
``(2) Amended rules.--If the agency determines that the
rule should be amended, the agency shall, not later than 3
months after such determination is made, commence appropriate
action in accordance with this chapter to make such amendment.
``(h) Judicial Review.--Notwithstanding any other provision of law,
each determination by an agency under this section shall be subject to
judicial review under chapter 7.
``(i) Report to Congress.--Not later than 30 days after the
publication a final determination under subsection (e), the agency
shall submit to Congress a report detailing that determination.
``(j) Definitions.--For purposes of this section:
``(1) The term `cost' means, with respect to a rule, the
cost of that rule, including direct, indirect, and cumulative
costs and estimated impacts on jobs, economic growth,
innovation, and economic competitiveness, to each person who is
significantly affected by the rule.
``(2) The term `benefit' means, with respect to a rule, the
benefit of that rule, including direct, indirect, and
cumulative benefits and estimated impacts on jobs, economic
growth, innovation, and economic competitiveness, to each
person who is significantly affected by the rule.
``(k) Application.--The provisions of this section shall apply only
to rules that take effect during the period beginning on January 1,
2011.''.
(b) Section 551 of title 5, United States Code, is amended as
follows:
(1) In paragraph (13), by striking ``and'' at the end.
(2) In paragraph (14), by striking the period at the end
and inserting ``; and''.
(3) By adding at the end the following:
``(15) `major rule' has the meaning given such term in
section 804.''.
(c) The table of sections for chapter 5 of title 5, United States
Code, is amended by inserting after the entry relating to section 553
the following:
``553a. Periodic review of major rules.''. | Regulatory Review Act of 2011 - Requires the head of each federal agency to conduct a periodic review (every 10 years) of any rule issued by such agency that is determined to be a major rule and that takes effect during the period beginning on January 1, 2011, to identify: (1) the costs and benefits of such rule, (2) each amendment to such rule that would accomplish the same statutory objectives but result in different costs and benefits, and (3) the costs and benefits of repealing the rule. Requires the agency to publish the results of such review, submit a summary of the results to Congress, and make a final determination on whether the rule should be amended, continued in effect, or repealed, after providing an opportunity for comment by interested persons.
Defines "major rule" as a rule that has resulted in or is likely to result in: (1) an annual effect on the economy of $100 million or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S.-based enterprises to compete with foreign-based enterprises in domestic and export markets. | {"src": "billsum_train", "title": "To amend title 5, United States Code, to provide for periodic review of major rules, and for other purposes."} | 1,199 | 269 | 0.641402 | 1.793486 | 0.916746 | 2.177358 | 4.449057 | 0.788679 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Temporary Extension Act of 2010''.
SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.
(a) In General.--(1) Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
amended--
(A) by striking ``February 28, 2010'' each place it appears and
inserting ``April 5, 2010'';
(B) in the heading for subsection (b)(2), by striking
``february 28, 2010'' and inserting ``april 5, 2010''; and
(C) in subsection (b)(3), by striking ``July 31, 2010'' and
inserting ``September 4, 2010''.
(2) Section 2002(e) of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 438), is amended--
(A) in paragraph (1)(B), by striking ``February 28, 2010'' and
inserting ``April 5, 2010'';
(B) in the heading for paragraph (2), by striking ``february
28, 2010'' and inserting ``april 5, 2010''; and
(C) in paragraph (3), by striking ``August 31, 2010'' and
inserting ``October 5, 2010''.
(3) Section 2005 of the Assistance for Unemployed Workers and
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C.
3304 note; 123 Stat. 444), is amended--
(A) by striking ``February 28, 2010'' each place it appears and
inserting ``April 5, 2010''; and
(B) in subsection (c), by striking ``July 31, 2010'' and
inserting ``September 4, 2010''.
(4) Section 5 of the Unemployment Compensation Extension Act of
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking
``July 31, 2010'' and inserting ``September 4, 2010''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking ``1009'' and inserting
``1009(a)(1)''; and
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) the amendments made by section 2(a)(1) of the
Temporary Extension Act of 2010; and''.
SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA
BENEFITS.
(a) Extension of Eligibility Period.--Subsection (a)(3)(A) of
section 3001 of division B of the American Recovery and Reinvestment
Act of 2009 (Public Law 111-5) is amended by striking ``February 28,
2010'' and inserting ``March 31, 2010''.
(b) Clarifications Relating to Section 3001 of ARRA.--
(1) Clarification regarding cobra continuation resulting from
reductions in hours.--Subsection (a) of section 3001 of division B
of the American Recovery and Reinvestment Act of 2009 (Public Law
111-5) is amended--
(A) in paragraph (3)(C), by inserting before the period at
the end the following: ``or consists of a reduction of hours
followed by such an involuntary termination of employment
during such period (as described in paragraph (17)(C))''; and
(B) by adding at the end the following:
``(17) Special rules in case of individuals losing coverage
because of a reduction of hours.--
``(A) New election period.--
``(i) In general.--For the purposes of the COBRA
continuation provisions, in the case of an individual
described in subparagraph (C) who did not make (or who made
and discontinued) an election of COBRA continuation
coverage on the basis of the reduction of hours of
employment, the involuntary termination of employment of
such individual on or after the date of the enactment of
this paragraph shall be treated as a qualifying event.
``(ii) Counting cobra duration period from previous
qualifying event.--In any case of an individual referred to
in clause (i), the period of such individual's continuation
coverage shall be determined as though the qualifying event
were the reduction of hours of employment.
``(iii) Construction.--Nothing in this paragraph shall
be construed as requiring an individual referred to in
clause (i) to make a payment for COBRA continuation
coverage between the reduction of hours and the involuntary
termination of employment.
``(iv) Preexisting conditions.--With respect to an
individual referred to in clause (i) who elects COBRA
continuation coverage pursuant to such clause, rules
similar to the rules in paragraph (4)(C) shall apply.
``(B) Notices.--In the case of an individual described in
subparagraph (C), the administrator of the group health plan
(or other entity) involved shall provide, during the 60-day
period beginning on the date of such individual's involuntary
termination of employment, an additional notification described
in paragraph (7)(A), including information on the provisions of
this paragraph. Rules similar to the rules of paragraph (7)
shall apply with respect to such notification.
``(C) Individuals described.--Individuals described in this
subparagraph are individuals who are assistance eligible
individuals on the basis of a qualifying event consisting of a
reduction of hours occurring during the period described in
paragraph (3)(A) followed by an involuntary termination of
employment insofar as such involuntary termination of
employment occurred on or after the date of the enactment of
this paragraph.''.
(2) Codification of current interpretation.--Subsection (a)(16)
of such section is amended--
(A) by striking clause (ii) of subparagraph (A) and
inserting the following:
``(ii) such individual pays, the amount of such
premium, after the application of paragraph (1)(A), by the
latest of--
``(I) 60 days after the date of the enactment of
this paragraph,
``(II) 30 days after the date of provision of the
notification required under subparagraph (D)(ii), or
``(III) the end of the period described in section
4980B(f)(2)(B)(iii) of the Internal Revenue Code of
1986.''; and
(B) by striking subclause (I) of subparagraph (C)(i), and
inserting the following:
``(I) such assistance eligible individual
experienced an involuntary termination that was a
qualifying event prior to the date of enactment of the
Department of Defense Appropriations Act, 2010; and''.
(3) Clarification of period of assistance.--Subsection
(a)(2)(A)(ii)(I) of such section is amended by striking ``of the
first month''.
(4) Enforcement.--Subsection (a)(5) of such section is amended
by adding at the end the following: ``In addition to civil actions
that may be brought to enforce applicable provisions of such Act or
other laws, the appropriate Secretary or an affected individual may
bring a civil action to enforce such determinations and for
appropriate relief. In addition, such Secretary may assess a
penalty against a plan sponsor or health insurance issuer of not
more than $110 per day for each failure to comply with such
determination of such Secretary after 10 days after the date of the
plan sponsor's or issuer's receipt of the determination.''.
(5) Amendments relating to section 3001 of arra.--
(A) Subsection (g)(9) of section 35 of the Internal Revenue
Code of 1986 is amended by striking ``section 3002(a) of the
Health Insurance Assistance for the Unemployed Act of 2009''
and inserting ``section 3001(a) of title III of division B of
the American Recovery and Reinvestment Act of 2009''.
(B) Section 139C of such Code is amended by striking
``section 3002 of the Health Insurance Assistance for the
Unemployed Act of 2009'' and inserting ``section 3001 of title
III of division B of the American Recovery and Reinvestment Act
of 2009''.
(C) Section 6432 of such Code is amended--
(i) in subsection (a), by striking ``section 3002(a) of
the Health Insurance Assistance for the Unemployed Act of
2009'' and inserting ``section 3001(a) of title III of
division B of the American Recovery and Reinvestment Act of
2009'';
(ii) in subsection (c)(3), by striking ``section
3002(a)(1)(A) of such Act'' and inserting ``section
3001(a)(1)(A) of title III of division B of the American
Recovery and Reinvestment Act of 2009''; and
(iii) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively, and inserting after
subsection (d) the following new subsection:
``(e) Employer Determination of Qualifying Event as Involuntary
Termination.--For purposes of this section, in any case in which--
``(1) based on a reasonable interpretation of section
3001(a)(3)(C) of division B of the American Recovery and
Reinvestment Act of 2009 and administrative guidance thereunder, an
employer determines that the qualifying event with respect to COBRA
continuation coverage for an individual was involuntary termination
of a covered employee's employment, and
``(2) the employer maintains supporting documentation of the
determination, including an attestation by the employer of
involuntary termination with respect to the covered employee,
the qualifying event for the individual shall be deemed to be
involuntary termination of the covered employee's employment.''.
(D) Subsection (a) of section 6720C of such Code is amended
by striking ``section 3002(a)(2)(C) of the Health Insurance
Assistance for the Unemployed Act of 2009'' and inserting
``section 3001(a)(2)(C) of title III of division B of the
American Recovery and Reinvestment Act of 2009''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the provisions of section 3001 of division B
of the American Recovery and Reinvestment Act of 2009 to which they
relate, except that--
(1) the amendments made by subsection (b)(1) shall apply to
periods of coverage beginning after the date of the enactment of
this Act;
(2) the amendments made by subsection (b)(2) shall take effect
as if included in the amendments made by section 1010 of division B
of the Department of Defense Appropriations Act, 2010; and
(3) the amendments made by subsections (b)(3) and (b)(4) shall
take effect on the date of the enactment of this Act.
SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PROGRAMS.
(a) In General.--Except as provided in subsection (b), for purposes
of the continued extension of surface transportation programs and
related authority to make expenditures from the Highway Trust Fund and
other trust funds under sections 157 through 162 of the Continuing
Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050),
the date specified in section 106(3) of that resolution (Public Law
111-68; 123 Stat. 2045) shall be deemed to be March 28, 2010.
(b) Exception.--Subsection (a) shall not apply if an extension of
the programs and authorities described in that subsection for a longer
term than the extension contained in the Continuing Appropriations
Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), is enacted before
the date of enactment of this Act.
SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE.
Paragraph (10) of section 1848(d) of the Social Security Act, as
added by section 1011(a) of the Department of Defense Appropriations
Act, 2010 (Public Law 111-118), is amended--
(1) in subparagraph (A), by striking ``February 28, 2010'' and
inserting ``March 31, 2010''; and
(2) in subparagraph (B), by striking ``March 1, 2010'' and
inserting ``April 1, 2010''.
SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEPTIONS PROCESS.
Section 1833(g)(5) of the Social Security Act (42 U.S.C.
1395l(g)(5)) is amended by striking ``December 31, 2009'' and inserting
``March 31, 2010''.
SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES.
Section 1012 of the Department of Defense Appropriations Act, 2010
(Public Law 111-118) is amended by striking ``March 1, 2010'' and
inserting ``March 31, 2010''.
SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
Section 129 of the Continuing Appropriations Resolution, 2010
(Public Law 111-68), as amended by section 1005 of Public Law 111-118,
is further amended by striking ``by substituting'' and all that follows
through the period at the end, and inserting ``by substituting March
28, 2010, for the date specified in each such section.''.
SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM.
(a) In General.--Section 502(f) of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153)
is amended by striking ``February 28, 2010'' and inserting ``March 28,
2010''.
(b) Appropriation.--There is appropriated, out of any funds in the
Treasury not otherwise appropriated, for an additional amount for
``Small Business Administration - Business Loans Program Account'',
$60,000,000, to remain available through March 28, 2010, for the cost
of--
(1) fee reductions and eliminations under section 501 of
division A of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5; 123 Stat. 151) for loans guaranteed under
section 7(a) of the Small Business Act (15 U.S.C. 636(a)), title V
of the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.), or section 502 of division A of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as
amended by this section; and
(2) loan guarantees under section 502 of division A of the
American Recovery and Reinvestment Act of 2009 (Public Law 111-5;
123 Stat. 152), as amended by this section,
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
SEC. 10. SATELLITE TELEVISION EXTENSION.
(a) Amendments to Section 119 of Title 17, United States Code.--
(1) In general.--Section 119 of title 17, United States Code,
is amended--
(A) in subsection (c)(1)(E), by striking ``February 28,
2010'' and inserting ``March 28, 2010''; and
(B) in subsection (e), by striking ``February 28, 2010''
and inserting ``March 28, 2010''.
(2) Termination of license.--Section 1003(a)(2)(A) of Public
Law 111-118 is amended by striking ``February 28, 2010'', and
inserting ``March 28, 2010''.
(b) Amendments to Communications Act of 1934.--Section 325(b) of
the Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
(1) in paragraph (2)(C), by striking ``February 28, 2010'' and
inserting ``March 28, 2010''; and
(2) in paragraph (3)(C), by striking ``March 1, 2010'' each
place it appears in clauses (ii) and (iii) and inserting ``March
29, 2010''.
SEC. 11. DETERMINATION OF BUDGETARY EFFECTS.
(a) In General.--The budgetary effects of this Act, for the purpose
of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be
determined by reference to the latest statement titled ``Budgetary
Effects of PAYGO Legislation'' for this Act, submitted for printing in
the Congressional Record by the Chairman of the Committee on the Budget
of the House of Representatives, provided that such statement has been
submitted prior to the vote on passage.
(b) Emergency Designation for Congressional Enforcement.--This Act,
with the exception of section 5, is designated as an emergency for
purposes of pay-as-you-go principles. In the Senate, this Act is
designated as an emergency requirement pursuant to section 403(a) of S.
Con. Res. 13 (111th Congress), the concurrent resolution on the budget
for fiscal year 2010.
(c) Emergency Designation for Statutory PAYGO.--This Act, with the
exception of section 5, is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010
(Public Law 111-139; 2 U.S.C. 933(g)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Temporary Extension Act of 2010 - (Sec. 2) Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through April 5, 2010. Postpones the termination of the program until September 4, 2010.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until April 5, 2010: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC.
Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and September 4, 2010, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
Requires specified transfers from the general fund of the Treasury to the EUCA to fund the extension of the EUC program.
(Sec. 3) Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to extend through March 31, 2010, the eligibility of a qualified beneficiary for COBRA (health insurance continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985) continuation coverage and premium assistance.
Redefines "premium assistance eligible individual'' for COBRA continuation coverage to treat as a qualifying event for such coverage the involuntary termination of employment after enactment of this Act of any qualified beneficiary who did not make (or who made and discontinued) an election of such coverage on the basis of a reduction of hours of employment.
(Sec. 4) Extends specified appropriations and funds made available and authority granted pursuant to the Continuing Appropriations Resolution, 2010 for continued extension or reauthorization of certain surface transportation programs through the earlier of March 28, 2010, or enactment into law of an Act to extend or reauthorize such programs.
Declares that such extension shall not apply if an extension of such programs and authorities for a longer term is enacted before enactment of this Act.
(Sec. 5) Amends title XVIII (Medicare) of the Social Security Act to extend through March 31, 2010: (1) the 0% update to the conversion factor in the Medicare physican payment computation; and (2) the Medicare physical therapy services caps exceptions process.
(Sec. 7) Amends the Department of Defense Appropriations Act, 2010 to extend the use of 2009 poverty guidelines through March 31, 2010. Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines for 2010 until after such date.
(Sec. 8) Amends the Continuing Appropriations Resolution, 2010 to extend through March 28, 2010, the national flood insurance program.
(Sec. 9) Amends the ARRA to extend through March 28, 2010, the small business loan guarantee program. Authorizes appropriations.
(Sec. 10) Extends through March 28, 2010, the adjustment of royalty fees for the secondary transmission of the primary analog transmissions of network stations and superstations. Extends through such date the moratorium on copyright liability for subscribers not receiving a signal of Grade A intensity of a local network television broadcast station and receiving signals of network stations affiliated with the same network, if such subscribers had satellite service of such network signal terminated between July 11, 1998, and October 31, 1999.
Amends the Communications Act of 1934 to extend through March 28, 2010, the exemption of a subscriber from the originating station consent requirement for retransmission of broadcasting station signals if the subscriber receives the retransmitted signals directly to a home satellite antenna, is located outside the station's local market, and resides in an unserved household.
Extends through March 29, 2010, the requirement that certain Federal Communications Commission (FCC) regulations prohibit: (1) a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith; and (2) a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent.
(Sec. 11) Designates this Act, except Sec. 5, as an emergency in the House of Representatives pursuant to the Statutory Pay-As-You-Go Act of 2010, and in the Senate as an emergency requirement. | {"src": "billsum_train", "title": "To provide a temporary extension of certain programs, and for other purposes."} | 4,117 | 1,040 | 0.547799 | 1.728557 | 0.695782 | 2.210349 | 3.964004 | 0.743532 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair SHARE Act of 2016'' or the
``Fair Salary History Alternatives for Responsible Employment Act of
2016''.
SEC. 2. UNLAWFUL EMPLOYMENT PRACTICES RELATED TO SALARY HISTORY OF
APPLICANTS.
(a) In General.--Except as provided in subsection (b), it shall be
an unlawful employment practice for any employer to make inquiries of
an applicant for employment or otherwise seek information about such an
applicant (including through the use of any form or application)
relating to such applicant's salary history.
(b) Exception.--Notwithstanding subsection (a), an employer may
make inquiries of an applicant or otherwise seek information about the
applicant relating to the applicant's salary history in a case in which
the employer has made an offer of employment, including the
compensation amount, to the applicant and the applicant volunteers such
information and provides written authorization to the employer
authorizing the employer to verify such information.
SEC. 3. RULEMAKING.
Not later than 1 year after the date of enactment of this Act, the
Commission shall issue rules relating to the exception under section
2(b).
SEC. 4. ENFORCEMENT.
(a) Employees Covered by Title VII of the Civil Rights Act of
1964.--
(1) In general.--The powers, procedures, and remedies
provided in sections 705, 706, 707, 709, 710, and 711 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-4 et seq.) to the
Commission, the Attorney General, or any person, alleging a
violation of title VII of that Act (42 U.S.C. 2000e et seq.)
shall be the powers, procedures, and remedies this title
provides to the Commission, the Attorney General, or any
person, respectively, alleging an unlawful employment practice
in violation of this title against an employee described in
section 5(3)(A), except as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, or any person, alleging
such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, or any person, alleging such a practice
(not an employment practice specifically excluded from coverage
under section 1977A(a)(1) of the Revised Statutes of the United
States).
(b) Employees Covered by Congressional Accountability Act of
1995.--
(1) In general.--The powers, remedies, and procedures
provided in the Congressional Accountability Act of 1995 (2
U.S.C. 1301 et seq.) to the Board (as defined in section 101 of
that Act (2 U.S.C. 1301)), or any person, alleging a violation
of section 201(a)(1) of that Act (2 U.S.C. 1311(a)(1)) shall be
the powers, remedies, and procedures this title provides to
that Board, or any person, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(3)(B), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
that Board, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to that Board, or
any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(4) Other applicable provisions.--With respect to a claim
alleging a practice described in paragraph (1), title III of
the Congressional Accountability Act of 1995 (2 U.S.C. 1381 et
seq.) shall apply in the same manner as such title applies with
respect to a claim alleging a violation of section 201(a)(1) of
such Act (2 U.S.C. 1311(a)(1)).
(c) Employees Covered by Chapter 5 of Title 3, United States
Code.--
(1) In general.--The powers, remedies, and procedures
provided in chapter 5 of title 3, United States Code, to the
President, the Commission, the Merit Systems Protection Board,
or any person, alleging a violation of section 411(a)(1) of
that title, shall be the powers, remedies, and procedures this
title provides to the President, the Commission, such Board, or
any person, respectively, alleging an unlawful employment
practice in violation of this title against an employee
described in section 5(3)(C), except as provided in paragraphs
(2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the President, the Commission, such Board, or any person,
alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the President,
the Commission, such Board, or any person, alleging such a
practice (not an employment practice specifically excluded from
coverage under section 1977A(a)(1) of the Revised Statutes of
the United States).
(d) Employees Covered by Government Employee Rights Act of 1991.--
(1) In general.--The powers, remedies, and procedures
provided in sections 302 and 304 of the Government Employee
Rights Act of 1991 (42 U.S.C. 2000e-16b, 2000e-16c) to the
Commission, or any person, alleging a violation of section
302(a)(1) of that Act (42 U.S.C. 2000e-16b(a)(1)) shall be the
powers, remedies, and procedures this title provides to the
Commission, or any person, respectively, alleging an unlawful
employment practice in violation of this title against an
employee described in section 5(3)(D), except as provided in
paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
or any person, alleging such a practice (not an employment
practice specifically excluded from coverage under section
1977A(a)(1) of the Revised Statutes of the United States).
(e) Employees Covered by Section 717 of the Civil Rights Act of
1964.--
(1) In general.--The powers, remedies, and procedures
provided in section 717 of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16) to the Commission, the Attorney General, the
Librarian of Congress, or any person, alleging a violation of
that section shall be the powers, remedies, and procedures this
title provides to the Commission, the Attorney General, the
Librarian of Congress, or any person, respectively, alleging an
unlawful employment practice in violation of this title against
an employee or applicant described in section 5(3)(E), except
as provided in paragraphs (2) and (3).
(2) Costs and fees.--The powers, remedies, and procedures
provided in subsections (b) and (c) of section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988), shall
be the powers, remedies, and procedures this title provides to
the Commission, the Attorney General, the Librarian of
Congress, or any person, alleging such a practice.
(3) Damages.--The powers, remedies, and procedures provided
in section 1977A of the Revised Statutes of the United States
(42 U.S.C. 1981a), including the limitations contained in
subsection (b)(3) of such section 1977A, shall be the powers,
remedies, and procedures this title provides to the Commission,
the Attorney General, the Librarian of Congress, or any person,
alleging such a practice (not an employment practice
specifically excluded from coverage under section 1977A(a)(1)
of the Revised Statutes of the United States).
SEC. 5. DEFINITIONS.
As used in this Act--
(1) the term ``Commission'' means the Equal Employment
Opportunity Commission;
(2) the term ``employer''--
(A) has the meaning given such term in section
701(b) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(b)); and
(B) includes--
(i) an employing office, as defined in
section 101 of the Congressional Accountability
Act of 1995 (2 U.S.C. 1301) and section 411(c)
of title 3, United States Code;
(ii) an entity employing a State employee
described in section 304(a) of the Government
Employee Rights Act of 1991 (12 U.S.C.
1220(a)); and
(iii) an entity to which section 717(a) of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-
16(a)) applies;
(3) the term ``employee'' means--
(A) an employee (including an applicant), as
defined in section 701(f) of the Civil Rights Act of
1964 (42 U.S.C. 2000e(f));
(B) a covered employee (including an applicant), as
defined in section 101 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1301);
(C) a covered employee (including an applicant), as
defined in section 411(c) of title 3, United States
Code;
(D) a State employee (including an applicant)
described in section 304(a) of the Government Employee
Rights Act of 1991 (12 U.S.C. 1220(a)); or
(E) an employee (including an applicant) to which
section 717(a) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-16(a)) applies; and
(4) the term ``person'' has the meaning given such term in
section 701(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000e(a)).
SEC. 6. EFFECTIVE DATE.
This Act shall take effect beginning 1 year after the date of the
enactment of this Act. | Fair SHARE Act of 2016 or the Fair Salary History Alternatives for Responsible Employment Act of 2016 This bill makes it an unlawful employment practice for certain employers to seek information concerning a job applicant's salary history. An exception is established authorizing an employer to seek such information in a case in which the employer has made an offer of employment, including the compensation amount, to the applicant and the applicant volunteers such information and provides written authorization to the employer authorizing the employer to verify such information The Equal Employment Opportunity Commission shall issue rules relating to such exception. Enforcement procedures and remedies are set forth under the Civil Rights Act of 1964, Congressional Accountability Act of 1995, Government Employee Rights Act of 1991, and the rights and protections extended to presidential offices. | {"src": "billsum_train", "title": "Fair Salary History Alternatives for Responsible Employment Act of 2016"} | 2,655 | 156 | 0.619144 | 1.90988 | 0.780088 | 4.816327 | 15.795918 | 0.870748 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Manufacturing Workforce Act
of 2014''.
SEC. 2. REFUNDABLE TAX CREDIT FOR UNEMPLOYED WORKERS OBTAINING
MANUFACTURING JOB TRAINING.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. UNEMPLOYED WORKERS OBTAINING MANUFACTURING JOB TRAINING.
``(a) In General.--In the case of an eligible individual, there
shall be allowed as a credit against the tax imposed by this subtitle
for the taxable year with respect to each eligible individual an amount
equal to the eligible individual's qualified training costs paid or
incurred by the taxpayer during the taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to each eligible individual shall not exceed $1,000.
``(c) Definitions.--For purposes of this section--
``(1) Qualified training costs.--The term `qualified
training costs' means expenses for tuition, fees, and course
materials paid or incurred in qualified manufacturing training.
``(2) Qualified manufacturing training.--The term
`qualified manufacturing job training' means training to
develop or better skills for a manufacturing position in the
manufacturing industry, as determined by the Secretary of
Labor.
``(3) Eligible individual.--For purposes of this section,
the term `eligible individual' means an individual who--
``(A) is the taxpayer or the taxpayer's spouse or
dependent,
``(B) is certified by the State employment security
agency established in accordance with the Act of June
6, 1933, as amended (29 U.S.C. 49-49n), as having been
in receipt of unemployment compensation under State or
Federal law on any day within the 1-year period ending
on the date qualified manufacturing job training
begins, and
``(C) has resided for the 6-month period preceding
the date on which qualified manufacturing job training
begins in one of the 15 States determined by the
Secretary of Labor to be a State in which there are the
greatest number of job opportunities in the
manufacturing industry.
``(d) Denial of Double Benefit.--No credit shall be allowed under
this section for any expense for which a deduction or credit is allowed
under any other provision of this chapter.
``(e) Termination.--Subsection (a) shall not apply to amounts paid
or incurred in taxable years beginning after December 31, 2020.''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(2) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Unemployed workers obtaining manufacturing job training.''.
(c) Notice of Credit.--The Commissioner of Internal Revenue shall
provide notice on the website of the Internal Revenue Service of the
availability of the credit established by subsection (a), and it is the
sense of the Congress that other governmental job training and
unemployment compensation entities shall also provide notice of such
credit on their websites.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
SEC. 3. EMPLOYER CREDIT FOR EMPLOYER PROVIDED ADULT EDUCATION AND
MANUFACTURING JOB TRAINING PROGRAMS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 45S. CREDIT FOR EMPLOYER-PROVIDED ADULT EDUCATION AND
MANUFACTURING JOB TRAINING PROGRAMS.
``(a) In General.--For the purposes of section 38, the education
and training credit determined under this section for the taxable year
is an amount equal to 20 percent of the aggregate qualified education
and training expenses paid or incurred for each employee during the
taxable year.
``(b) Limitation.--The credit allowed under subsection (a) with
respect to any employee for a taxable year shall not exceed $1,000.
``(c) Qualified Education and Training Expenses.--For purposes of
this section, the term `qualified education and training expenses'
means with respect to an employee amounts paid or incurred during the
taxable year in providing education or training for manufacturing under
the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.) or a
curriculum approved by the Employment and Training Administration of
the Department of Labor to individuals employed by the taxpayer in
manufacturing positions (as determined by the Secretary of Labor).
``(d) Special Rules.--
``(1) Denial of double benefit.--No deduction or credit
shall be allowed under this chapter for the portion of the
expenses that are taken into account in determining the credit
under this section for the taxable year.
``(2) Aggregation.--For purposes of this section, all
persons treated as a single employer under subsection (a) or
(b) or section 52, or subsection (m) or (o) of section 414,
shall be treated as one person.
``(e) Election To Have Credit Not Apply.--A taxpayer may elect (at
such time and in such manner as the Secretary may by regulations
prescribe) to have this section not apply for any taxable year.
``(f) Termination.--This section shall not apply to expenses paid
after December 31, 2020.''.
(b) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of the Internal Revenue Code of 1986 is amended by
striking ``plus'' at the end of paragraph (35), by striking the period
at the end of paragraph (36) and inserting ``, plus'', and by adding at
the end the following new paragraph:
``(37) the education and training credit determined under
section 45S(a).''.
(c) Technical Amendment.--Section 6501(m) of the Internal Revenue
Code of 1986 is amended by inserting ``45S(e),'' after ``45H(g),''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new item:
``Sec. 45S. Credit for employer-provided adult education and
manufacturing job training programs.''.
(e) Effective Dates.--The amendments made by this section shall
apply to expenses paid or incurred in taxable years beginning after
December 31, 2014.
SEC. 4. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN PREPARING WORKERS
FOR THE MANUFACTURING ECONOMY.
(a) Establishment.--There is established the Presidential Award for
Business Leadership in Manufacturing Job Training (referred to in this
section as the ``Presidential Manufacturing Job Training Award''),
which shall be awarded to companies and other organizations for
extraordinary efforts in assisting their employees and members to
develop or better the manufacturing skills and training and increase
the productivity of American manufacturing.
(b) Selection and Presentation of Award.--
(1) Selection.--The President shall periodically award the
Presidential Manufacturing Job Training Award to companies and
other organizations described in subsection (a) after reviewing
recommendations to the President with respect to such award by
the Secretary of Labor in consultation with the Secretary of
Commerce.
(2) Presentation.--The presentation of the Presidential
Manufacturing Job Training Award shall be made by the
President, or a designee of the President, in conjunction with
an appropriate ceremony.
SEC. 5. BEST PRACTICES FOR MANUFACTURING JOB TRAINING.
The Secretary of Labor shall, from time to time, collect and
disseminate best practices for manufacturing job training. | American Manufacturing Workforce Act of 2014 - Amends the Internal Revenue Code to allow, through 2020, tax credits for: (1) up to $1,000 of the expenses for tuition, fees, and course materials paid or incurred for the training of a worker to develop or improve skills for a manufacturing position; and (2) up to 20% of the first $1,000 of education or training expenses for manufacturing under the Workforce Investment Act of 1998 or a curriculum approved by the Employment and Training Administration for individuals employed in manufacturing positions. Establishes the Presidential Award for Business Leadership in Manufacturing Job Training to recognize companies and other organizations for extraordinary efforts in assisting their employees and members to develop or improve manufacturing skills and training and increase productivity. Directs the Secretary of Labor to periodically collect and disseminate best practices for manufacturing job training. | {"src": "billsum_train", "title": "American Manufacturing Workforce Act of 2014"} | 1,862 | 190 | 0.555236 | 1.475747 | 0.737738 | 3.805195 | 10.506494 | 0.896104 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserving Access to Life-Saving
Medications Act''.
SEC. 2. DRUG SHORTAGES.
(a) Expansion of Notification Requirement Regarding Potential
Shortages of Prescription Drugs.--Section 506C of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 356c) is amended--
(1) in the section heading, by striking ``discontinuance of
a life saving product'' and inserting ``discontinuance or
interruption of the manufacture of a prescription drug''; and
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Definition.--In this section, the terms `drug
shortage' and `shortage', when used with respect to a drug,
mean a period of time when the total supply of all versions of
a drug available at the user level will not meet the current
demand for the drug at the user level.
``(2) Notification.--A manufacturer of a drug described in
paragraph (3) shall notify the Secretary of a discontinuance,
interruption, or other adjustment of the manufacture of the
drug that would likely result in a shortage of such drug--
``(A) in the case of a discontinuance or planned
interruption or adjustment, at least 6 months prior to
the date of such discontinuance or planned interruption
or adjustment; and
``(B) in the case of any other interruption or
adjustment, as soon as practicable after becoming aware
of such interruption or adjustment.
``(3) Drugs described.--A drug described in this paragraph
is a drug--
``(A) for which an application has been approved
under section 505(b) or 505(j);
``(B) that is described in section 503(b)(1); and
``(C) that is not a product that was originally
derived from human tissue and was replaced by a
recombinant product.
``(4) Types of adjustments.--An adjustment for which a
manufacturer shall submit a notification under paragraph (2)
includes--
``(A) adjustments related to the supply of raw
materials, including active pharmaceutical ingredients;
``(B) adjustments to production capabilities;
``(C) business decisions that may affect the
manufacture of the drug, such as mergers,
discontinuations, and a change in production output;
and
``(D) other adjustments as determined appropriate
by the Secretary.
``(5) Modification of time frames.--The Secretary may
adjust the required time frame under paragraph (2) as
determined appropriate by the Secretary based on--
``(A) the type of interruption or adjustment at
issue; and
``(B) any other factor, as determined by the
Secretary.
``(6) Enforcement.--Not later than 180 days after the date
of enactment of this section, the Secretary shall promulgate
regulations establishing a schedule of civil monetary penalties
for failure to submit a notification as required under this
subsection.''.
(b) Confidentiality of Information.--Section 506C(c) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 356c(c)) is amended to read as
follows:
``(c) Confidentiality of Information.--The Secretary shall ensure
the confidentiality of proprietary information submitted in a
notification under subsection (a).''.
(c) Public Notification.--Section 506C of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 356c) is amended by adding at the end the
following:
``(d) Public Notification.--
``(1) Notification of shortages.--The Secretary shall
publish information on the types of adjustments for which a
notification is required under subsection (a)(4) and on actual
drug shortages on the Internet Web site of the Food and Drug
Administration and, to the maximum extent practicable,
distribute such information to appropriate health care provider
and patient organizations.
``(2) Identification and notification of drugs vulnerable
to drug shortage.--
``(A) In general.--The Secretary shall implement
evidence-based criteria for identifying drugs that may
be vulnerable to a drug shortage. Such criteria shall
be based on--
``(i) the number of manufacturers of the
drug;
``(ii) the sources of raw material or
active pharmaceutical ingredients;
``(iii) the supply chain characteristics,
such as production complexities; and
``(iv) the availability of therapeutic
alternatives.
``(B) Notification.--If the Secretary determines
using the criteria under subparagraph (A) that a drug
may be vulnerable to a drug shortage, the Secretary
shall notify the manufacturer of the drug of such
determination and of the collaboration described under
paragraph (3).
``(3) Continuity of operations plans.--The Secretary shall
collaborate with manufacturers of drugs identified pursuant to
paragraph (2) to establish and improve continuity of operations
plans with respect to medically necessary drugs, as defined by
the Secretary, so that such plans include a process for
addressing drug shortages.''.
SEC. 3. MANUFACTURER REVIEW.
Section 510(h) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360(h)) is amended--
(1) by striking ``(h)'' and inserting ``(h)(1)''; and
(2) by inserting at the end the following:
``(2)(A) If an establishment registered with the Secretary pursuant
to this section is subject to a reinspection due to failure to comply
with a requirement of this Act, the Secretary shall conduct such
reinspection not later than 90 days after the establishment certifies
to the Secretary that the establishment has corrected the reason for
such failure.
``(B) The Secretary shall prioritize reinspections described in
subparagraph (A) based on whether the establishment involved
manufactures, propagates, compounds, or processes a drug involved in a
drug shortage (as defined in section 506C).''.
SEC. 4. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
on an annual basis thereafter, the Secretary of Health and Human
Services shall submit to Congress a report that describes the actions
taken by such Secretary during the previous 1-year period to address
drug shortages through all aspects of the prescription drug supply
chain. | Preserving Access to Life-Saving Medications Act - Amends the Federal Food, Drug, and Cosmetic Act to require a prescription drug manufacturer to notify the Secretary of Health and Human Services (HHS) of a discontinuance, interruption, or other adjustment of the manufacture of the drug that would likely result in a shortage of such drug. Requires: (1) six months notice of any discontinuance or planned interruption or adjustment, and (2) notice as soon as practicable after becoming aware of such interruption or adjustment in the case of any other interruption or adjustment. Applies this Act to any approved prescription drug that is not a product that was originally derived from human tissue and was replaced by a recombinant product.
Sets forth the types of adjustment for which a manufacturer must submit notice, including: (1) adjustments related to the supply of raw materials, (2) adjustments to production capabilities, (3) business decisions that may affect the manufacture of the drug, and (4) other adjustments as determined appropriate by the Secretary. | {"src": "billsum_train", "title": "A bill to amend the Federal Food, Drug, and Cosmetic Act to provide the Food and Drug Administration with improved capacity to prevent drug shortages."} | 1,438 | 217 | 0.724498 | 2.033556 | 0.99582 | 4.899497 | 6.527638 | 0.939698 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Pension Restoration Act of 1993''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) State; united states.--The terms ``State'' and ``United
States'' have the meanings set forth in paragraph (10) of
section 3 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1002).
(2) Employer; participant; beneficiary; nonforfeitable;
defined benefit plan.--The terms ``employer'', ``participant'',
``beneficiary'', ``nonforfeitable'', and ``defined benefit
plan'' have the meanings set forth in paragraphs (5), (7), (8),
(19), and (35), respectively, of section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002).
(3) Early terminated plan.--The term ``early terminated
plan'' means a defined benefit plan--
(A) which is described in subsection (a) of section
4 of the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1003) and is not described in
subsection (b) of that section, and
(B) the termination date of which (as determined by
the Corporation) was before September 1, 1974.
(4) Qualified participant.--The term ``qualified
participant'' means an individual who--
(A) was a participant in an early terminated plan
maintained by an employer of such individual, and
(B) as of immediately before the termination of the
plan had a nonforfeitable right to benefits under the
plan.
(5) Qualified spouse.--The term ``qualified spouse'' means
an individual who is the widow (within the meaning of section
216(c) of the Social Security Act (42 U.S.C. 416(c)) or the
widower (within the meaning of section 216(g) of such Act (42
U.S.C. 416(g)) of a qualified participant.
(6) Corporation.--The term ``Corporation'' means the
Pension Benefit Guaranty Corporation.
SEC. 3. ENTITLEMENT TO ANNUITY.
(a) Entitlement of Qualified Participant.--
(1) In general.--A qualified participant is entitled, upon
approval by the Corporation under this Act of an application
therefor, to an annuity payable by the Corporation and computed
under section 4(a).
(2) Commencement.--The annuity of a qualified participant
commences on the day after the later of--
(A) the effective date set forth in section 12, or
(B) the date on which the qualified participant
attains 65 years of age.
(3) Termination.--The annuity of a qualified participant
and the right thereto terminate at the end of the last calendar
month preceding the date of the qualified participant's death.
(b) Entitlement of Qualified Spouse.--
(1) In general.--A qualified spouse is entitled, upon
approval by the Corporation under this Act of an application
therefor, to an annuity payable by the Corporation and computed
under section 4(b).
(2) Commencement.--The annuity of a qualified spouse of a
qualified participant commences on the latest of--
(A) the effective date set forth in section 12,
(B) the first day of the month in which the
qualified participant dies, or
(C) if the qualified participant dies before
attaining 65 years of age, the first day of the month
in which the qualified participant would have attained
such age but for the qualified participant's death.
(3) Termination.--The annuity of a qualified spouse and the
right thereto terminate at the end of the last calendar month
preceding the date of the qualified spouse's death.
SEC. 4. COMPUTATION OF ANNUITY.
(a) Qualified Participant's Annuity.--The annuity computed under
this subsection (relating to a qualified participant) in connection
with any early terminated plan is equal to the excess (if any) of--
(1) the product derived by multiplying $75 by the number of
years of service of the qualified participant under the plan,
over
(2) the annual amount which would be necessary to amortize
in level amounts over 10 years the sum of--
(A) any lump sums paid to the qualified participant
from the plan in connection with the termination, and
(B) the actuarial present value (determined, as of
the effective date set forth in section 12, under the
assumptions used by the Corporation for purposes of
section 4044 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1344)) of pension benefits under
the plan (if any) to which the qualified participant
retains a nonforfeitable right under the plan.
(b) Qualified Spouse's Annuity.--The annuity computed under this
subsection (relating to the qualified spouse of a qualified
participant) in connection with an early terminated plan is equal to
the excess (if any) of--
(1) 50 percent of the amount determined under paragraph (1)
of subsection (a) in connection with such qualified
participant, over
(2) the annual amount which would be necessary to amortize
in level amounts over 10 years the sum of--
(A) any lump sums paid to the qualified spouse from
the plan in connection with the termination, and
(B) the actuarial present value (determined, as of
the effective date set forth in section 12, under the
assumptions used by the Corporation for purposes of
section 4044 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1344)) of pension benefits under
the plan (if any) to which the qualified spouse retains
a nonforfeitable right under the plan.
SEC. 5. APPLICATIONS.
(a) Requirements.--An application for an annuity under this Act in
connection with an early terminated plan shall be approved if--
(1) the application includes evidence sufficient to
establish that the applicant is a qualified participant or
qualified spouse in connection with such plan, or
(2) the evidence included in the application, together with
such evidence as the applicant may request the Corporation to
consider pursuant to subsection (c), establishes that the
applicant is a qualified participant or a qualified spouse in
connection with such plan.
(b) Application Forms.--The Corporation may by regulation prescribe
application forms which may be used by applicants for purposes of
subsection (a). Any such forms prescribed by the Corporation shall be
made available to the public by the Corporation.
(c) Specific Matters.--In considering applications for annuities
under this Act, the Corporation shall consider, on the request of an
applicant or the applicant's representative, in addition to any other
relevant evidence--
(1) a comparison of employment and payroll records which
were maintained under chapter 21 of the Internal Revenue Code
of 1986 (relating to Federal Insurance Contributions Act) or
under title II of the Social Security Act (42 U.S.C. 401 et
seq.) with records maintained by the Internal Revenue Service
relating to the qualification status of trusts forming part of
a stock bonus, pension, or profit-sharing plan under part I of
subchapter D of chapter 1 of the Internal Revenue Code of 1986
(relating to pension, profit sharing, stock bonus plans, etc.),
and
(2) records maintained under the Welfare and Pension Plans
Disclosure Act of 1958.
(d) Procedures for Initial Determinations.--
(1) In general.--Except as otherwise provided in this
subsection, in making initial determinations regarding
applications for annuities under this Act, the Corporation
shall follow the procedures prescribed by the Corporation for--
(A) initial determinations of benefit entitlement
of participants and beneficiaries under plans to which
section 4021 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1321) applies, and
(B) determinations of the amount of guaranteed
benefits of such participants and beneficiaries under
title IV of such Act (29 U.S.C. 1301 et seq.).
(2) Notices of denial.--The Corporation shall send any
individual whose application under this Act is denied by the
Corporation pursuant to an initial determination a written
notice of the denial. Such notice shall include the reason for
the denial and shall set forth the procedures required to be
followed in order to obtain review under this Act.
SEC. 6. ADMINISTRATIVE APPEALS.
(a) In General.--Any individual whose application for an annuity
under this Act is denied pursuant to an initial determination by the
Corporation is entitled to--
(1) a reasonable time, but not less than 60 days after
receipt of the written notice of denial described in section
5(d)(2), to request a review by the Corporation and to furnish
affidavits and other documentary evidence in support of the
request, and
(2) a written decision and the specific reasons therefor at
the earliest practicable date.
(b) Procedures.--Except as otherwise provided in subsection (a), in
reviewing initial determinations regarding applications for annuities
under this Act, the Corporation shall follow the procedures prescribed
by the Corporation for requesting and obtaining administrative review
by the Corporation of determinations described in subparagraphs (A) and
(B) of section 5(d)(1).
SEC. 7. JUDICIAL REVIEW.
(a) In General.--Any individual, after any final decision made
under section 6, irrespective of the amount in controversy, may obtain
judicial review of the decision by a civil action commenced under this
section within 180 days after the mailing to the individual of notice
of such decision or within such further time as the Corporation may
allow.
(b) Venue.--Any action commenced under this section shall be
brought in the district court of the United States for the judicial
district in which the plaintiff resides or in the United States
District Court for the District of Columbia.
(c) Record.--As part of any answer by the Corporation, the
Corporation shall file a certified copy of the transcript of the
record, including the evidence upon which the findings and decision
complained of are based.
(d) Judgment.--The court shall enter, upon the pleadings and
transcript of the record a judgment affirming, modifying, or reversing
the decision, with or without remanding the case for a rehearing.
(e) Remanded Cases.--
(1) Authority to remand to the corporation.--The court
shall, on the motion of the Corporation made before the
Corporation files its answer, remand the case to the
Corporation for further action by the Corporation. The court
may, at any time, on good cause shown, order additional
evidence to be taken before the Corporation.
(2) Reconsideration on remand.--The Corporation shall,
after the case is remanded, and after hearing such additional
evidence if so ordered--
(A) modify or affirm the earlier findings of fact
or decision, or both, under section 6, and
(B) file with the court any such additional and
modified findings of fact and decision, and a
transcript of the additional record and testimony upon
which the Corporation's action in modifying or
affirming was based.
(f) Final Judgment.--The judgment of the court shall be final
except that it shall be subject to review in the same manner as a
judgment in other civil actions.
SEC. 8. PAYMENT OF ANNUITIES.
(a) Forms of Payment.--
(1) Yearly payments.--Each annuity payable under this Act
shall be payable as an annual amount.
(2) Retroactive lump-sum payments.--Any individual whose
claim for an annuity under this Act is approved after the date
on which the annuity commences under subsection (a)(2) or
(b)(2) of section 3 shall be paid the total amount of the
annuity payments for periods before the date on which the claim
is approved in the form of a lump-sum payment.
(b) Cases of Incompetency.--Payment due an individual mentally
incompetent or under other legal disability may be made to the person
who is constituted guardian or other fiduciary by the law of the State
of residence of the claimant or is otherwise legally vested with the
care of the claimant or the claimant's estate. If a guardian or other
fiduciary of the individual under legal disability has not been
appointed under the law of the State of residence of the claimant,
payment may be made to any person who is responsible for the care of
the claimant, and the payment bars recovery by any other person.
(c) Divorces, Etc.--
(1) Alternative payees.--Payments under this Act which
would otherwise be made to a person under this Act shall be
made (in whole or in part) to another person if and to the
extent expressly provided for in the terms of any court decree
of divorce, annulment, or legal separation, or the terms of any
court order or court-approved property settlement agreement
incident to any court decree of divorce, annulment, or legal
separation. Any payment under this paragraph to a person bars
recovery by any other person.
(2) Notification requirements.--Paragraph (1) shall only
apply to payments made by the Corporation under this Act after
the date of receipt by the Corporation of written notification
of such decree, order, or agreement, and such additional
information and documentation as the Corporation may prescribe.
(3) Court.--As used in this subsection, the term ``court''
means any court of any State.
(d) Inalienability.--Amounts payable under this Act are not
assignable, either in law or equity, or subject to execution, levy,
attachment, garnishment, or other legal process, except as otherwise
may be provided by Federal law.
(e) Forgiveness.--Recovery of payments under this Act may not be
made from an individual in any case in which the Corporation determines
that the individual is without fault and recovery would be against
equity and good conscience.
SEC. 9. INTERAGENCY COORDINATION AND COOPERATION.
(a) In General.--The Corporation may make such arrangements or
agreements with other departments, agencies, or establishments of the
United States for cooperation or mutual assistance in the performance
of their respective functions under this Act as are necessary and
appropriate to avoid unnecessary expense and duplication of functions.
(b) Use of Facilities.--The Corporation may use, as appropriate, on
a reimbursable or other basis, the facilities or services of any
department, agency, or establishment of the United States or of any
State or political subdivision thereof, including the services of any
of its employees, with the lawful consent of such department, agency,
or establishment.
(c) Cooperation.--
(1) In general.--Each department, agency, or establishment
of the United States shall cooperate with the Corporation and,
to the extent necessary and appropriate, provide such
information and facilities as the Corporation may request for
its assistance in the performance of the Corporation's
functions under this Act.
(2) Availability of records from the secretary of health
and human services.--The Secretary of Health and Human Services
shall provide the Corporation with such records, determined by
the Corporation to be necessary to carry out the purposes of
this Act, as the Corporation may request.
(3) Availability of confidential tax returns and return
information.--Section 6103(l) of the Internal Revenue Code of
1986 (relating to use of returns and return information for
purposes other than tax administration) is amended by adding at
the end of paragraph (2) the following new sentence: ``Returns
and return information shall be open to inspection by or
disclosure to officers and employees of the Corporation whose
official duties require such inspection or disclosure for the
purpose of, but only to the extent necessary in, considering
such returns and return information pursuant to section 5(c)(1)
of the Pension Restoration Act of 1993, except that such
inspection or disclosure shall be permitted only upon written
request which sets forth the specific reason or reasons why
such inspection or disclosure is necessary and which is signed
by the head of the bureau or office of the Corporation
requesting the inspection or disclosure.''.
SEC. 10. REGULATIONS.
The Corporation shall, before the effective date set forth in
section 12, prescribe the initial regulations necessary to carry out
the provisions of this Act. Regulations under this Act shall be
prescribed by the Corporation in consultation, as appropriate, with the
Secretary of the Treasury and the Secretary of Health and Human
Services.
SEC. 11. PROGRAM FUNDING.
(a) Payment.--The Corporation shall use moneys from the appropriate
revolving funds established under section 4005 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1305) to carry out
its functions under this Act.
(b) Transfers From Trust Funds.--The Corporation shall transfer to
the revolving funds described in subsection (a) from the trust funds
consisting of assets of terminated plans and employer liability
payments amounts equal to the amounts needed to carry out its functions
under this Act.
SEC. 12. EFFECTIVE DATE.
(a) General Rule.--Except as provided in subsection (b), the
provisions of this Act shall take effect 60 days after the date of the
enactment of this Act.
(b) Special Rule.--The provisions of sections 10 and 11 shall take
effect on the date of the enactment of this Act.
HR 3481 IH----2 | Pension Restoration Act of 1993 - Establishes a Federal annuity program, administered by the Pension Benefit Guaranty Corporation, to compensate participants in private pension plans which were terminated before September 1, 1974, for nonforfeitable pension benefits lost by reason of the termination.
Sets forth provisions for such annuity program, relating to: (1) entitlement; (2) computation; (3) applications; (4) administrative appeals; (5) judicial review; (6) payment; (7) interagency coordination and cooperation; and (8) regulations.
Provides for use of certain funds under the Employee Retirement Income Security Act of 1974 (ERISA) to pay such annuities and the administrative costs of such program. | {"src": "billsum_train", "title": "Pension Restoration Act of 1993"} | 3,874 | 150 | 0.51172 | 1.391037 | 0.677318 | 2.176471 | 25.544118 | 0.926471 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Students in Business Development in
Africa Assistance Act of 2007''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There is a growing need in developing countries in
Africa to educate and properly train future business leaders in
such a way to help them adapt to the demanding complexities of
leadership.
(2) This growing need has led to the call for Africa to
develop and train the next generation of leaders that will
bring Africa forward into a peaceful and prosperous new century
and ensure that democracy lasts across the continent.
(3) One of the ways to help train the next generation of
leaders is through entrepreneurial education, entrepreneurship
may be one of the most important channels through which
education raises economic productivity.
(4) All youth should be provided with the access to any and
all opportunities to develop skills, attitudes, and abilities
that are needed in later life that can lead to entrepreneurship
and leadership.
(5) One of the goals of educators should be to train
students to become self-employed after graduation and produce
the goods and services that are needed locally, thereby
initiating significant internal economic activity.
(6) It is important that the youth be assisted to achieve
higher levels of access and entry into the economy as
potentially self-employed people since there are simply not
enough employment opportunities within the private and public
sectors for them all.
(7) Business and management education is especially
critical in Africa where, in the face of huge shortages in both
the private and public sectors, only 50 business schools exist
to serve nearly 800 million people, compared with 1,000
business schools in India and 1,200 in the United States.
(8) While many institutions in Africa do offer a business
certificate/degree, the training can lack certain practical
elements, which makes it difficult for graduates to readily
apply their skills in the real world.
(9) Studies have shown that globalization poses great
challenges for education, training, and enterprise development,
but there are potential opportunities for positive responses in
policy and practice, one of which is the enhancement of
individual, societal, and enterprise learning.
(10) Educational institutions are not rapidly responding to
this urgent challenge.
SEC. 3. ASSISTANCE TO ESTABLISH PARTNERSHIPS BETWEEN BUSINESSES AND
POSTSECONDARY EDUCATIONAL INSTITUTIONS IN DEVELOPING
COUNTRIES IN AFRICA.
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) is amended by inserting after section 105 the
following new section:
``SEC. 105A. ASSISTANCE TO ESTABLISH PARTNERSHIPS BETWEEN BUSINESSES
AND POSTSECONDARY EDUCATIONAL INSTITUTIONS IN DEVELOPING
COUNTRIES IN AFRICA.
``(a) Assistance Authorized.--
``(1) In general.--The President, acting through the
Administrator of the United States Agency for International
Development, is authorized to provide assistance, on such terms
and conditions as the President may determine, to establish
partnerships between businesses and postsecondary educational
institutions in developing countries in Africa to further the
education and entrepreneurship skills of students at such
institutions in order to increase economic freedom and
competitiveness, promote civil society, and improve the quality
of life in such countries.
``(2) Role of nongovernmental organizations.--It is the
sense of Congress that the President should provide an
appropriate level of assistance under paragraph (1) through
nongovernmental organizations, including non-profit
organizations, that have a minimum of 30 years experience
working to further the entrepreneurship skills of students at
postsecondary educational institutions.
``(b) Activities Supported.--Assistance provided under subsection
(a) shall, to the maximum extent practicable, be used to--
``(1) enable students at postsecondary educational
institutions in developing countries in Africa to practice in
the field what they are learning in the classroom and thereby
acquire relevant business and management experience;
``(2) provide opportunities for individuals in developing
countries in Africa who are unable to receive a formal
education to benefit from the transfer of knowledge and skills
by students described in paragraph (1); and
``(3) carry out other appropriate activities, including--
``(A) training students described in paragraph (1)
and faculty to build sustainable programs;
``(B) institutionalizing and promoting
sustainability of program leadership;
``(C) supporting the launch and development of new
in-country operations;
``(D) investing in other United States assistance
programs for long-term sustainability and support of
African programs; and
``(E) demonstrating results and sharing best
practices.
``(c) Report.--The President shall transmit to Congress a report on
the implementation of this section for each of the fiscal years 2008
through 2012. The report shall include an assessment of the impact of
the assistance provided under subsection (a) and an analysis of the
extent to which such assistance could be provided in other regions of
the world.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated to the President up to $800,000
for each of the fiscal years 2008 through 2012.''. | Students in Business Development in Africa Assistance Act of 2007 [sic] - Amends the Foreign Assistance Act of 1961 to authorize the President, through the United States Agency for International Development (USAID), to provide assistance for partnerships between businesses and postsecondary educational institutions in developing African countries to increase economic freedom, promote civil society, and improve the quality of life.
Expresses the sense of Congress that the President should provide an appropriate level of assistance through nongovernmental organizations, including non-profit organizations, that have a minimum of 30 years experience working to further postsecondary students' entrepreneurship skills. | {"src": "billsum_train", "title": "To amend the Foreign Assistance Act of 1961 to authorize the President to provide assistance to establish partnerships between businesses and postsecondary educational institutions in developing countries in Africa to increase economic freedom and competitiveness, promote civil society, and improve the quality of life in such countries."} | 1,113 | 125 | 0.468888 | 1.5087 | 0.609333 | 4.910714 | 9.526786 | 0.928571 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Identity Theft Prevention Act of
2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the crime of identity theft has become one of the major
law enforcement challenges of the new economy, as vast
quantities of sensitive, personal information are now
vulnerable to criminal interception and misuse;
(2) a number of indicators reveal that, despite increased
public awareness of the crime, the incidents of identity theft
continue to rise;
(3) 1,000,000 consumers annually call the Fraud Victim
Assistance Department of one national consumer reporting
agency, a number that almost doubled from 1997 to 2001;
(4) as of March 2001, the Federal Trade Commission Identity
Theft Data Clearinghouse was averaging more than 2,000 call-ins
a week, a four-fold increase since the Clearinghouse began
operation in November 1999;
(5) allegations of identity theft reported to the fraud
hotline of the Social Security Administration increased from
11,058 in fiscal year 1998 to 46,480 in fiscal year 2000;
(6) in its fiscal year 2000 annual report, the Postal
Inspection Service noted that identity theft is a growing trend
and the agency's investigations of such crimes has ``increased
by 67 percent since last year'';
(7) an integral part of many identity crimes involves the
interception of personal financial data or the fraudulent
acquisition of credit cards and other financial products in
another person's name;
(8) identity theft is an act that violates the privacy of
our citizens and ruins their good names, victims can suffer
restricted access to credit and diminished employment
opportunities, and may spend years repairing damage to credit
histories;
(9) the resources available to identity theft victims are
inadequate, and both private sector and Federal agencies should
provide better and more sympathetic assistance to such victims;
and
(10) credit reporting agencies and issuers of credit should
have uniform reporting requirements and effective fraud alerts
to assist identity theft victims in repairing and protecting
their credit.
SEC. 3. IDENTITY THEFT PREVENTION.
(a) Changes of Address.--
(1) Duty of issuers of credit.--Section 132 of the Truth in
Lending Act (15 U.S.C. 1642) is amended--
(A) by inserting ``(a) In General.--'' before ``No
credit''; and
(B) by adding at the end the following:
``(b) Confirmation of Changes of Address.--If a card issuer
receives a request for an additional credit card with respect to an
existing credit account not later than 30 days after receiving
notification of a change of address for that account, the card issuer
shall--
``(1) not later than 5 days after sending the additional
card to the new address, notify the cardholder of the request
at both the new address and the former address; and
``(2) provide to the cardholder a means of promptly
reporting incorrect changes.''.
(2) Duty of consumer reporting agencies.--Section 605 of
the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by
adding at the end the following:
``(g) Notice of Potential Fraud.--In any case in which a person has
requested a consumer report relating to a consumer, and the request
includes an address for the consumer that differs from the most recent
address in the file of the consumer, the consumer reporting agency
shall notify the requester of the discrepancy.''.
(3) Enforcement.--
(A) Federal trade commission.--Except as provided
in subparagraph (B), compliance with section 132(b) of
the Truth in Lending Act (as added by this subsection)
shall be enforced by the Federal Trade Commission in
the same manner and with the same power and authority
as the Commission has under the Fair Debt Collection
Practices Act to enforce compliance with that Act.
(B) Other agencies in certain cases.--
(i) In general.--Compliance with section
132(b) of the Truth in Lending Act (as added by
this subsection) shall be enforced under--
(I) section 8 of the Federal
Deposit Insurance Act, in the case of a
card issuer that is--
(aa) a national bank or a
Federal branch or Federal
agency of a foreign bank, by
the Office of the Comptroller
of the Currency;
(bb) a member bank of the
Federal Reserve System (other
than a national bank), a branch
or agency of a foreign bank
(other than a Federal branch,
Federal agency, or insured
State branch of a foreign
bank), a commercial lending
company owned or controlled by
a foreign bank, or an
organization operating under
section 25 or 25A of the
Federal Reserve Act, by the
Board of Governors of the
Federal Reserve System;
(cc) a bank insured by the
Federal Deposit Insurance
Corporation (other than a
member of the Federal Reserve
System or a national nonmember
bank) or an insured State
branch of a foreign bank, by
the Board of Directors of the
Federal Deposit Insurance
Corporation; and
(dd) a savings association,
the deposits of which are
insured by the Federal Deposit
Insurance Corporation, by the
Director of the Office of
Thrift Supervision; and
(II) the Federal Credit Union Act,
by the Administrator of the National
Credit Union Administration in the case
of a card issuer that is a Federal
credit union, as defined in that Act.
(C) Violations treated as violations of other
laws.--For the purpose of the exercise by any agency
referred to in this paragraph of its powers under any
Act referred to in this paragraph, a violation of
section 132(b) of the Truth in Lending Act (as added by
this subsection) shall be deemed to be a violation of a
requirement imposed under that Act. In addition to its
powers under any provision of law specifically referred
to in subparagraph (A) or (B), each of the agencies
referred to in those subparagraphs may exercise, for
the purpose of enforcing compliance with section 132(b)
of the Truth in Lending Act (as added by this
subsection), any other authority conferred on such
agency by law.
(b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended by adding at the end the following:
``(h) Fraud Alerts.--
``(1) In general.--Upon the request of a consumer and upon
receiving proper identification, a consumer reporting agency
shall include a fraud alert in the file of that consumer.
``(2) Notice to users.--A consumer reporting agency shall
notify each person procuring consumer credit information with
respect to a consumer of the existence of a fraud alert in the
file of that consumer, regardless of whether a full credit
report, credit score, or summary report is requested.
``(3) Penalties.--Any user of a consumer report that fails
to comply with preauthorization procedures contained in a fraud
alert and issues or extends credit in the name of the consumer
to a person other than the consumer, shall be in violation of
this section.
``(4) Definition.--In this subsection, the term `fraud
alert' means a clear and conspicuous statement in the file of a
consumer that notifies all prospective users of a consumer
report made with respect to that consumer that the consumer
does not authorize the issuance or extension of credit in the
name of the consumer unless--
``(A) the issuer of such credit first obtains
verbal authorization from the consumer at a telephone
number designated by the consumer; or
``(B) the issuer complies with such other method of
preauthorization by the consumer as is mutually agreed
upon by the consumer and the consumer reporting
agency.''.
(c) Rules on Complaint Referral, Investigations, and Inquiries.--
Not later than 270 days after the date of enactment of this Act, the
Federal Trade Commission (in this subsection referred to as the
``Commission'') shall promulgate rules in accordance with section 553
of title 5, United States Code--
(1) to require each consumer reporting agency (as defined
in section 603 of the Fair Credit Reporting Act) to investigate
discrepancies between personal or identifying information
contained in the file maintained by the agency with respect to
a consumer and in the personal and identifying information
supplied to the agency by the user of the consumer report;
(2) to develop procedures for referral of consumer
complaints about identity theft and fraud alerts between and
among the consumer reporting agencies and the Commission; and
(3) to develop a model form and standard procedures to be
used by consumers who are victims of identity fraud for
contacting and informing creditors and consumer reporting
agencies of the fraud.
SEC. 4. TRUNCATION OF CREDIT CARD ACCOUNT NUMBERS.
(a) In General.--Except as provided in this section, no person,
firm, partnership, association, corporation, or limited liability
company that accepts credit cards for the transaction of business shall
print more than the last 5 digits of the credit card account number or
the expiration date upon any receipt provided to the cardholder.
(b) Limitation.--This section applies only to receipts that are
electronically printed, and does not apply to transactions in which the
sole means of recording the person's credit card account number is by
handwriting or by an imprint or copy of the credit card.
(c) Effective Date.--This section shall become effective on--
(1) January 1, 2006, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is in use before January 1, 2003;
and
(2) January 1, 2003, with respect to any cash register or
other machine or device that electronically prints receipts for
credit card transactions that is first put into use on or after
January 1, 2003.
(d) Effect on State Law.--Nothing in this section prevents a State
from imposing requirements that are the same or substantially similar
to the requirements of this section at any time before the effective
date of this section.
SEC. 5. FREE REPORTS ANNUALLY.
Section 612(c) of the Fair Credit Reporting Act (15 U.S.C.
1681j(c)) is amended to read as follows:
``(c) Free Annual Disclosure.--Upon the request of the consumer, a
consumer reporting agency shall make all disclosures pursuant to
section 609 once during any 12-month period without charge to the
consumer.''. | Identity Theft Prevention Act of 2001 - Amends the Truth in Lending Act to prescribe procedural guidelines under which a credit card issuer shall confirm changes of address.Amends the Fair Credit Reporting Act to prescribe procedural guidelines under which a consumer reporting agency shall: (1) notify the requester of a discrepancy in the address in the consumer file; (2) include a fraud alert in the file of a requesting consumer; and (3) make free annual disclosures upon consumer request.Confers enforcement jurisdiction upon the Federal Trade Commission.Mandates truncation of credit card account numbers, so that an entity that accepts credit cards for the transaction of business is prohibited from printing more than the last 5 digits of the credit card account number or the expiration date upon any receipt provided to the cardholder. | {"src": "billsum_train", "title": "To prevent identity theft, and for other purposes."} | 2,317 | 180 | 0.491856 | 1.386859 | 0.794317 | 4.630872 | 14.47651 | 0.885906 |
SECTION 1. COMPENSATION FOR WORK INJURIES.
Section 8133 of title 5, United States Code, is amended by adding
at the end the following:
``(g)(1) This subsection applies in the case of any employee who
has died as the direct and proximate result of a personal injury
sustained in the line of duty as a public safety officer (within the
meaning of section 1204 of the Omnibus Crime Control and Safe Streets
Act of 1968), as determined under section 1201 of such Act.
``(2) In the computation of any monthly compensation under this
section based on the death of an employee described in paragraph (1),
the monthly pay used in any such computation (before the application of
subsection (e)) shall be determined based on the pay grade or level
which is 1 grade or level higher than the grade or level that, but for
this subsection, would otherwise apply.
``(3) Nothing in this subsection shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
SEC. 2. CIVIL SERVICE RETIREMENT SYSTEM.
Section 8341 of title 5, United States Code, is amended by
inserting after subsection (i) the following:
``(j)(1) This subsection applies in the case of any employee who
has died as the direct and proximate result of a personal injury
sustained in the line of duty as a public safety officer (within the
meaning of section 1204 of the Omnibus Crime Control and Safe Streets
Act of 1968), as determined under section 1201 of such Act.
``(2) In the computation of any survivor annuity under this section
based on the death of an employee described in paragraph (1), the
average pay used in any such computation (to compute such survivor
annuity as a percentage of an annuity imputed to the employee or a
portion thereof) shall, for each rate of basic pay used in the
computation of such average pay, be determined using the pay grade or
level which is 1 grade or level higher than the grade or level that,
but for this subsection, would otherwise apply.
``(3) Nothing in this subsection shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
SEC. 3. FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
(a) In General.--Subchapter IV of chapter 84 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 8446. Computations based on the death of a public safety officer
who dies as a result of injuries sustained in the line of
duty
``(a) This subsection applies in the case of any employee who has
died as the direct and proximate result of a personal injury sustained
in the line of duty as a public safety officer (within the meaning of
section 1204 of the Omnibus Crime Control and Safe Streets Act of
1968), as determined under section 1201 of such Act.
``(b) In the computation of any survivor annuity under this
subchapter based on the death of an employee described in subsection
(a), the average pay used in any such computation (to compute such
survivor annuity as a percentage of an annuity imputed to the employee
or a portion thereof) shall, for each rate of basic pay used in the
computation of such average pay, be determined using the pay grade or
level which is 1 grade or level higher than the grade or level that,
but for this section, would otherwise apply.
``(c) Nothing in this section shall be considered to affect any
computation to the extent that the otherwise applicable pay grade or
level was the highest grade or level in effect, at the time of the
service for which the pay was payable, under the pay schedule or system
involved.''.
(b) Clerical Amendment.--The table of sections for chapter 84 of
title 5, United States Code, is amended by inserting after the item
relating to section 8445 the following:
``8446. Computations based on the death of a public safety officer who
dies as a result of injuries sustained in
the line of duty.''.
SEC. 4. EFFECTIVE DATE; EXCEPTION.
(a) Effective Date.--Except as provided in subsection (b), the
amendments made by this Act shall apply with respect to deaths
occurring on or after the date of the enactment of this Act.
(b) Exception.--
(1) In general.--Any individual who, as of the date of the
enactment of this Act, is entitled (or would, on application,
be entitled) to monthly compensation under chapter 81 of title
5, United States Code, or an annuity under chapter 83 or 84 of
such title 5, as the survivor of a Federal public safety
officer who died on or after January 1, 1974, shall, upon
application submitted within 12 months after the date of the
enactment of this Act, be entitled to have such compensation or
annuity recomputed as if the amendments made by this Act had
been in effect at the time of such employee's death.
(2) Commencement date.--Any recomputation of compensation
or annuity under this subsection shall be effective as of the
commencement date of such compensation or annuity.
(3) Lump-sum payments.--Any amount becoming payable to an
individual under this subsection with respect to any portion of
the period beginning on January 1, 1974, and ending on the date
as of which regular monthly compensation or survivor annuity
payments for such individual are adjusted to reflect the
recomputation required under paragraph (1) shall be payable in
a lump-sum payment, subject to paragraph (4).
(4) Funding.--
(A) In general.--There are authorized to be
appropriated, out of general funds in the Treasury,
such sums as may be necessary to make the lump-sum
payments described in paragraph (3).
(B) Limitation.--To the extent that the total
amount appropriated under subparagraph (A) is less than
the total amounts which (but for this subparagraph)
would otherwise be payable under this subsection, each
amount under paragraph (1) shall be reduced by a
proportionate share of the shortfall, determined
separately for--
(i) benefits under chapter 81 of title 5,
United States Code; and
(ii) benefits under chapters 83 and 84 of
such title, respectively.
(5) Definition.--For purposes of this subsection, the term
``Federal public safety officer'' refers to an employee
described in section 8133(g)(1), 8341(j)(1), or 8446(a) of
title 5, United States Code, as amended by this Act.
(c) Regulations.--Any regulations necessary to carry out this Act
or the amendments made by this Act may--
(1) with respect to benefits under chapter 81 of title 5,
United States Code, be prescribed by the Secretary of Labor;
and
(2) with respect to benefits under chapter 83 or 84 of such
title, be prescribed by the Director of the Office of Personnel
Management. | Provides that the pay used to compute monthly compensation based on the death of a federal employee who died from personal injury sustained in the line of duty as a public safety officer, or any survivor annuity under such circumstances, shall be determined based on the pay grade or level which is one grade higher than would otherwise apply.
Entitles anyone who is eligible for such monthly compensation or annuity as the survivor of a public safety officer who died on or after January 1, 1974, to: (1) have such compensation or annuity recomputed upon application submitted within 12 months after enactment of this Act; and (2) a lump-sum payment for the period between January 1, 1974, and the date as of which regular monthly compensation or survivor annuity payments are adjusted to reflect the recomputation
. | {"src": "billsum_train", "title": "To amend chapters 81, 83, and 84 of title 5, United States Code, to provide for enhanced benefits for survivors of Federal public safety officers killed in the line of duty."} | 1,620 | 180 | 0.593431 | 1.858434 | 0.779453 | 4.597403 | 9.837662 | 0.948052 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debt Buy-Down Act of 2011''.
SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 (relating to returns and records) is amended by adding at
the end the following new part:
``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT
``Sec. 6097. Designation.
``SEC. 6097. DESIGNATION.
``(a) In General.--Every individual with adjusted income tax
liability for any taxable year may designate that a portion of such
liability (not to exceed 10 percent thereof) shall be used to reduce
the public debt.
``(b) Manner and Time of Designation.--A designation under
subsection (a) may be made with respect to any taxable year only at the
time of filing the return of tax imposed by chapter 1 for the taxable
year. The designation shall be made on the first page of the return or
on the page bearing the taxpayer's signature.
``(c) Adjusted Income Tax Liability.--For purposes of this section,
the adjusted income tax liability of an individual for any taxable year
is the income tax liability of the individual for the taxable year
determined under section 6096(b), reduced by any amount designated
under section 6096(a).''.
(b) Clerical Amendment.--The table of parts for such subchapter A
is amended by adding at the end the following new item:
``Part IX. Designation for Reduction of Public Debt''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
SEC. 3. PUBLIC DEBT REDUCTION 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 the following section:
``SEC. 9512. PUBLIC DEBT REDUCTION 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 `Public Debt
Reduction Trust Fund', consisting of any amount appropriated or
credited to the Trust Fund as provided in this section or section
9602(b).
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Public Debt Reduction Trust Fund amounts equivalent to the amounts
designated under section 6097 (relating to designation for public debt
reduction).
``(c) Expenditures.--Amounts in the Public Debt Reduction Trust
Fund shall be used by the Secretary for purposes of paying at maturity,
or to redeem or buy before maturity, any obligation of the Federal
Government included in the public debt (other than an obligation held
by the Federal Old-Age and Survivors Insurance Trust Fund, or the
Department of Defense Military Retirement Fund). Any obligation which
is paid, redeemed, or bought with amounts from the Public Debt
Reduction Trust Fund shall be canceled and retired and may not be
reissued.''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following new item:
``Sec. 9512. Public Debt Reduction Trust Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply to amounts received after the date of the enactment of this Act.
SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE
THE PUBLIC DEBT.
(a) Sequestration To Reduce the Public Debt.--Part C of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
inserting after section 253 the following new section:
``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT.
``(a) Sequestration.--Notwithstanding sections 255 and 256, within
15 days after Congress adjourns to end a session, and on the same day
as sequestration (if any) under sections 251, 252, and 253, and under
section 5(b) of the Statutory Pay-As-You-Go Act of 2010, but after any
sequestration required by those sections, there shall be a
sequestration equivalent to the estimated aggregate amount designated
under section 6097 of the Internal Revenue Code of 1986 for the last
taxable year ending one year before the beginning of that session of
Congress, as estimated by the Department of the Treasury on October 1
and as modified by the total of--
``(1) any amounts by which net discretionary spending is
reduced by legislation below the discretionary spending limits
enacted after the enactment of this section related to the
fiscal year subject to the sequestration (or, in the absence of
such limits, any net deficit change from the baseline amount
calculated under section 257; and
``(2) the net deficit change that has resulted from all
direct spending legislation enacted after the enactment of this
section related to the fiscal year subject to the
sequestration, as estimated by OMB.
If the reduction in spending under paragraphs (1) and (2) for a fiscal
year is greater than the estimated aggregate amount designated under
section 6097 of the Internal Revenue Code of 1986 respecting that
fiscal year, then there shall be no sequestration under this section.
``(b) Applicability.--
``(1) In general.--Except as provided by paragraph (2),
each account of the United States shall be reduced by a dollar
amount calculated by multiplying the level of budgetary
resources in that account at that time by the uniform
percentage necessary to carry out subsection (a). All
obligational authority reduced under this section shall be done
in a manner that makes such reductions permanent.
``(2) Exempt accounts.--No order issued under this part
may--
``(A) reduce benefits payable to the old-age and
survivors insurance program established under title II
of the Social Security Act;
``(B) reduce retired or retainer pay payable to a
member or former member of the uniformed services; or
``(C) reduce payments for net interest (all of
major functional category 900).''.
(b) Reports.--Section 254 of the Balanced Budget and Emergency
Deficit Control Act of 1985 is amended--
(1) in subsection (a), by adding at the end of the table
the following new item:
``October 1....................
Department of Treasury report
to Congress estimating
amount of income tax
designated pursuant to
section 6097 of the
Internal Revenue Code
of 1986.'';
(2) in subsection (c)(1), by inserting ``, and
sequestration to reduce the public debt,'' after
``sequestration'';
(3) in subsection (c), by redesignating paragraph (5) as
paragraph (6) and by inserting after paragraph (4) the
following new paragraph:
``(5) Reports on sequestration to reduce the public debt.--
The preview reports shall set forth for the budget year
estimates for each of the following:
``(A) The aggregate amount designated under section
6097 of the Internal Revenue Code of 1986 for the last
taxable year ending before the budget year.
``(B) The amount of reductions required under
section 253A and the deficit remaining after those
reductions have been made.
``(C) The sequestration percentage necessary to
achieve the required reduction in accounts under
section 253A(b).''; and
(4) in subsection (f), by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and by inserting
after paragraph (3) the following new paragraph:
``(4) Reports on sequestration to reduce the public debt.--
The final reports shall contain all of the information
contained in the public debt taxation designation report
required on October 1.''.
(c) Conforming Amendment.--The table of contents in section 250(a)
of the Balanced Budget and Emergency Deficit Control Act of 1985 is
amended by inserting after the item relating to section 253 the
following new item:
``Sec. 253A. Sequestration to reduce the public debt.''.
(d) Effective Date.--Notwithstanding section 275(b) of the Balanced
Budget and Emergency Deficit Control Act of 1985, the expiration date
set forth in that section shall not apply to the amendments made by
this section. The amendments made by this section shall cease to have
any effect after the first fiscal year during which there is no public
debt. | Debt Buy-Down Act of 2011 - Amends the Internal Revenue Code to allow individual taxpayers to designate up to 10% of their adjusted income tax liability for the reduction of the public debt.
Establishes in the Treasury the Public Debt Reduction Trust Fund to hold tax revenues generated by this Act for the reduction of the public debt.
Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require a sequestration of federal spending equivalent to the estimated aggregate amount designated by taxpayers under this Act to reduce the public debt. Prohibits any reduction in social security retirement benefits, veterans benefits, or interest payments on federal debt as a result of any such sequestration. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow individuals to designate that up to 10 percent of their income tax liability be used to reduce the national debt, and to require spending reductions equal to the amounts so designated."} | 1,960 | 151 | 0.525561 | 1.276072 | 0.650736 | 3.401575 | 13.669291 | 0.88189 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tallying of the Actual Liabilities
Act of 2013'' or the ``TOTAL Act of 2013''.
SEC. 2. PROHIBITION ON CERTAIN UNFAIR OR DECEPTIVE ACTS OR PRACTICES
RELATING TO PRICES OF PRODUCTS AND SERVICES SOLD ONLINE.
(a) Retailer Defined.--In this section, the term ``retailer'' means
a person--
(1) over whom the Federal Trade Commission has jurisdiction
under section 5(a) of the Federal Trade Commission Act (15
U.S.C. 45(a)); and
(2) whose business includes selling products or services.
(b) Requirement for Price Transparency.--A retailer may not sell a
product or a service to a person through the use of an Internet website
without presenting the person with the total amount that the retailer
expects to collect from the person as part of the transaction of
selling the product or service to the person, including all fees,
taxes, and shipping and handling charges, before the person commits to
purchasing the product or service.
(c) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive act or practice.--A violation of
subsection (b) shall be treated as a violation of a rule
defining an unfair or deceptive act or practice described under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--The Federal Trade Commission shall
enforce this section in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of
the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this section.
(B) Privileges and immunities.--Any person who
violates this section shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Rulemaking.--The Federal Trade Commission may
promulgate standards and rules to carry out this
section in accordance with section 553 of title 5,
United States Code.
(d) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to subsection
(b) or a standard or rule promulgated under this section in a
practice that violates such subsection, standard, or rule, the
attorney general of the State may, as parens patriae, bring a
civil action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such subsection,
standard, or rule by such person;
(B) to compel compliance with such subsection,
standard, or rule; or
(C) to obtain such other injunctive relief as the
court considers appropriate.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Federal Trade Commission in
writing that the attorney general intends to
bring a civil action under paragraph (1) before
initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the Federal
Trade Commission immediately upon instituting
the civil action.
(B) Intervention by federal trade commission.--The
Federal Trade Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Federal Trade Commission institutes a civil action or an
administrative action with respect to a violation of subsection
(b) or a standard or rule promulgated under this section, the
attorney general of a State may not, during the pendency of
such action, bring a civil action under paragraph (1) against
any defendant named in the complaint of the Commission for the
violation with respect to which the Commission instituted such
action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(6) Actions by other state officials.--
(A) In general.--In addition to civil actions
brought by attorneys general under paragraph (1), any
other officer of a State who is authorized by the State
to do so may bring a civil action under paragraph (1),
subject to the same requirements and limitations that
apply under this subsection to civil actions brought by
attorneys general.
(B) Savings provision.--Nothing in this subsection
may be construed to prohibit an authorized official of
a State from initiating or continuing any proceeding in
a court of the State for a violation of any civil or
criminal law of the State.
(e) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of the Federal Trade Commission under
any other provision of law. | Tallying of the Actual Liabilities Act of 2013 or the TOTAL Act of 2013 - Prohibits a retailer under the jurisdiction of the Federal Trade Commission (FTC) from selling a product or service through an Internet website without presenting the total transaction amount it expects to collect from the potential purchaser (including all fees, taxes, and shipping and handling charges) before the person commits to the purchase. Sets forth authority for: (1) the FTC to enforce a violation of this Act as an unfair or deceptive act or practice, and (2) states to bring civil actions on behalf of residents threatened or adversely affected by such a violation. | {"src": "billsum_train", "title": "TOTAL Act of 2013"} | 1,452 | 140 | 0.511287 | 1.544667 | 0.700361 | 2.95082 | 10.622951 | 0.918033 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentor-Mentee Teen Pregnancy
Reduction Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The U.S. has the highest teenage pregnancy rate of any
fully industrialized country.
(2) One in three girls in the U.S. becomes pregnant at
least once by the age of 20.
(3) Girls who become pregnant are more likely to drop out
of high school, less likely to complete college, more likely to
give birth to low-birth weight babies, and more likely to live
in poverty.
(4) The children born to teenage mothers are more likely to
have learning disabilities, less likely to complete high
school, and more likely to live in poverty.
(5) Girls born to teenage mothers are more likely to become
teenager mothers themselves; boys born to teenage mothers are
more likely to end up in prison.
(6) Innovative initiatives, such as increasing parental
involvement and portraying the consequences of teenage
pregnancy through the media, exist that can reduce the rates of
teenage pregnancy and give every young person a better hope for
the future.
(7) Research shows that a wide variety of programs have
been successful at delaying sexual activity and reducing
teenage pregnancy, including efforts that engage students in
community service, promote youth development, provide
preventive health services, offer sex and HIV/AIDS education,
and more.
SEC. 3. MENTOR-MENTEE TEEN PREGNANCY REDUCTION GRANT PROGRAM.
Title V of the Social Security Act is amended--
(1) in section 510(d) (42 U.S.C. 710(d)), by inserting
``and grants under section 511'' after ``under subsection (a)''
; and
(2) by adding at the end the following new section:
``mentor-mentee teen pregnancy reduction grant program
``Sec. 511. (a) From the amount appropriated in section 510(d) for
a fiscal year (beginning with fiscal year 2009) which is not allotted
to a State under section 510, the Secretary shall award competitive
grants for the creation of school-based programs that provide mentoring
to at-risk teenage girls to prevent and reduce teen pregnancy. In
awarding such grants for a fiscal year, the Secretary shall give
priority to programs in States that have elected not to receive an
allotment under section 510 for the fiscal year.
``(b)(1) No grant may be awarded under this section except to an
entity that is a local educational agency (as defined in section 9101
of the Elementary and Secondary Education Act of 1965) or a community-
based organization.
``(2) Funds provided under such a grant may only be used in a
school-based setting for the following purposes:
``(A) To recruit, train, and support mentors.
``(B) To hire mentoring coordinators and provide
professional development.
``(C) To pay for outreach materials.
``(D) To provide activities that will help in the
development of a mentee, such as--
``(i) workshops, classes, and after-school
activities, which may include family life and sex
education and may provide--
``(I) information that stresses the
importance of abstinence and postponing sexual
involvement;
``(II) medically accurate information on
the importance of contraception for those who
are sexually active, on condom use, and on HIV
and sexually transmitted diseases; and
``(III) information that reflects mores and
values of the community involved.
``(ii) preparation for standardized examinations;
``(iii) assistance with college entrance;
``(iv) education in financial literacy;
``(v) tutoring;
``(vi) sports;
``(vii) education in health and nutrition; and
``(viii) education in the arts.
``(3) No grant may be awarded under this section unless the grantee
agrees that, in carrying out the purposes described in paragraph (2),
the grantee will, whenever possible, use strategies relating to family
life and sex education that have been demonstrated to be effective, or
that incorporate characteristics of effective programs.
``(4) No grant may be awarded under this section unless the grantee
agrees that only qualified individuals will serve as mentors under this
section. For the purposes of this paragraph, a `qualified individual'
is an individual who--
``(A) is a woman who has received at least a baccalaureate
degree from an institution of higher education (as such term is
defined in section 102(a) of the Higher Education Act of 1965
(20 U.S.C. 1002(a)));
``(B) is mentoring no more than two mentees under this
section; and
``(C) has been trained and screened by a local educational
agency or community-based organization to do the following for
individual mentees:
``(i) To encourage setting goals and planning for
the future.
``(ii) To promote responsible behavior and help
delay sexual activity.
``(iii) To provide general guidance.
``(iv) To increase participation in school.
``(5) No grant shall be made under this section unless the grantee
agrees to submit to the Secretary, in accordance with the criteria of
the Secretary, a report that provides information on the program
conducted under this section, including outcomes and increased
education and awareness about the prevention of teen pregnancy under
the grant. The Secretary shall make such reports available to the
public.
``(6) Grantees under this section shall expend funds received under
the grant not later than 18 months after the date such funds are
provided under the grant.
``(c)(1) Paragraph (3) of section 502(a) shall apply to grants
under this section in the same manner as it applies to funding made
available under section 502(b).
``(2) Sections 507 and 508 shall apply to grants under this section
to the same extent and in the same manner as such sections apply to
allotments under section 502(c).
``(3) Section 506 shall apply to grants under this section to the
extent determined by the Secretary to be appropriate.
``(d) The Secretary shall, directly or through contract, provide
for evaluations of programs receiving funds under grants under this
section. Such an evaluation shall cover at least 6 programs and
programs representing at least 10 percent of the funding provided under
this section. Each such evaluation for a program shall describe--
``(1) the activities carried out under the grant; and
``(2) the extent to which such activities were effective in
changing attitudes and behavior to achieve the project strategies
consistent with this section.''.
SEC. 4. LOAN FORGIVENESS FOR MENTORS WHO PARTICIPATE IN TEEN PREGNANCY
REDUCTION PROGRAM.
(a) Program Authorized.--The Secretary of Health and Human Services
is authorized, from the funds appropriated under subsection (g), to
carry out a program to assume the obligation to repay a qualified loan
amount (as determined under subsection (b)) for a Federal student loan,
in accordance with this section, for an individual who--
(1) is a qualified individual to serve as a mentor under
subsection (b)(4) of section 511 of the Social Security Act;
(2) has served as a mentor for the teen pregnancy reduction
grant program authorized under section 511 of the Social
Security Act for not less than 200 hours in an academic year or
its equivalent (as determined by the Secretary); and
(3) is not in default on a loan for which the individual
seeks forgiveness.
(b) Qualified Loan Amount.--The amount of loan forgiveness the
Secretary provides under this section--
(1) shall be equal to $2,000 for every 200 hours of service
an individual serves as a mentor under section 511 of the
Social Security Act in an academic year or its equivalent (as
determined by the Secretary), after the date of the enactment
of this section; and
(2) may not exceed a total of $20,000 for an individual.
(c) Priority.--In providing loan forgiveness under this section,
the Secretary shall give priority to individuals who serve as mentors
for programs under section 511 of the Social Security Act that are
carried out by local educational agencies or community-based
organizations that are located in areas with the highest rates of teen
pregnancy, as determined by the Secretary.
(d) Construction.--Nothing in this section shall be construed to
authorize the refunding of any repayment of a loan.
(e) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
(f) Definitions.--In this section:
(1) Federal student loan.--
(A) In general.--Except as provided in subparagraph
(B), the term ``Federal student loan'' means any loan
made, insured, or guaranteed under part B, D, or E of
title IV of the Higher Education Act of 1965.
(B) Treatment of consolidation loans.--A loan
amount for a loan made under section 428C or section
455(g) shall be considered a Federal student loan under
this paragraph only to the extent that such loan amount
was used to repay a loan made under section 428 or
428H, a Federal Direct Stafford Loan, or a Federal
Direct Unsubsidized Stafford Loan for an individual who
meets the requirements of subsection (a), as determined
in accordance with regulations prescribed by the
Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for fiscal year 2009 and each of the 3 succeeding fiscal years. | Mentor-Mentee Teen Pregnancy Reduction Act of 2008 - Amends title V (Maternal and Child Health Services) of the Social Security Act to direct the Secretary of Health and Human Services to award competitive grants to local educational agencies or community-based organizations for the creation of school-based programs that provide mentoring to at-risk teenage girls to prevent and reduce teen pregnancy.
Requires program mentors to be women who: (1) have received at least a baccalaureate degree from an institution of higher education; (2) are mentoring no more than two program mentees; and (3) are trained and screened to encourage mentees to engage in responsible, goal-orientated behavior, delay their sexual activity, and increase their participation in school.
Authorizes the Secretary to provide student loan forgiveness, under the Federal Family Education Loan, Direct Loan, or Perkins Loan programs of the Higher Education Act of 1965, to program mentors who serve for at least 200 hours in an academic year. | {"src": "billsum_train", "title": "To amend title V of the Social Security Act to provide grants for school-based mentoring programs for at risk teenage girls to prevent and reduce teen pregnancy, and to provide student loan forgiveness for mentors participating in such programs."} | 2,166 | 218 | 0.602264 | 1.851928 | 0.893779 | 4.15873 | 10.857143 | 0.941799 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Low-Income Housing Revitalization
Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the United States faces an unprecedented crisis arising
from the rapid decline of affordable housing,
(2) new construction of housing for low- and moderate-
income families is at a virtual standstill,
(3) according to a 1989 report of the Bureau of the Census,
the Nation's housing stock occupied by persons living in
poverty is 12.4 million units, of which 2.2 million units (or
18 percent) are substandard,
(4) by 1995, as many as 900,000 federally subsidized low-
income rental housing units could be lost as a result of the
prepayment of federally subsidized mortgages,
(5) scores of existing low-income housing units will
continue to disappear as older buildings are destroyed and in
their place are constructed higher priced rental units and
condominiums, creating an even greater shortage of affordable
housing,
(6) Federal expenditures to meet the housing needs of low-
and moderate-income persons declined 70 percent from
$30,200,000,000 billion in fiscal year 1981 to $7,500,000,000
billion in fiscal year 1989, and such expenditures were
increased only to $8,900,000,000 billion in fiscal year 1990
and to $9,500,000,000 billion in fiscal year 1991,
(7) an increasing number of Americans face the possibility
of homelessness unless existing low-income housing units are
rehabilitated and new housing units are constructed,
(8) the rising number of ill-housed and homeless families
is partially caused by displacement due to the rehabilitation
and gentrification of formerly low-income housing, and
(9) owners of substandard low-income housing units continue
to claim Federal tax deductions without making the necessary
repairs or renovations to bring their low-income housing
property up to State or local building codes.
(b) Purpose.--It is the purpose of this Act--
(1) to encourage the development of affordable, decent,
safe, and sanitary housing for low- and moderate-income
families,
(2) to rehabilitate and construct low-income rental housing
units by providing investment incentives to private developers
through a shortening of the depreciation recovery period on
low-income rental property to 20 years,
(3) to deny business-related tax deductions claimed by
owners of low-income rental housing units who consistently
violate State and local health, safety, and building codes by
maintaining substandard rental housing units, and
(4) to exempt from the passive loss limitation certain
deductions relating to low-income housing.
SEC. 3. IMPROVEMENTS IN LOW-INCOME HOUSING CREDIT.
(a) Permanent Extension.--Section 42 of the Internal Revenue Code
of 1986 is amended by striking subsection (o) (relating to
termination).
(b) Increase in Credit for Federally Subsidized New Buildings.--
Paragraph (1) of section 42(b) of such Code (relating to value of low-
income housing credit) is amended--
(1) in subparagraph (A), by striking ``which are not
federally subsidized for the taxable year'', and
(2) in subparagraph (B), by striking the dash and all that
follows through ``(ii)''.
(c) Exemption From Passive Loss Limitation.--Clause (i) of section
469(d)(2)(A) of such Code (relating to passive activity losses) is
amended by inserting ``(other than section 42)'' after ``subpart D''.
(d) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to calendar years after 1991.
(2) Modifications.--The amendments made by subsections (b)
and (c) shall apply to property placed in service after
December 31, 1992.
SEC. 4. ACCELERATED DEPRECIATION SCHEDULE FOR QUALIFIED RENTAL HOUSING.
(a) In General.--Paragraph (1) of section 168(c) of the Internal
Revenue Code of 1986 (relating to depreciation recovery period) is
amended by striking the item relating to residential rental property
and inserting the following:
``Low-income residential rental property............. 20 years
Other residential rental property.................. 27.5 years''.
(b) Definitions.--Paragraph (2) of section 168(e) of such Code
(relating to classification of property for depreciation) is amended by
adding at the end the following new subparagraphs:
``(C) Low-income residential rental property.--The
term `low-income residential rental property' means
residential rental property which is a qualified low-
income housing project (within the meaning of section
42(g)).
``(D) Other residential rental property.--The term
`other residential rental property' means residential
rental property which is not low-income residential
rental property.''
(c) Effective Date.--The amendments made by this section shall
apply to property placed in service after December 31, 1992.
SEC. 5. DISALLOWANCE OF DEDUCTIONS FOR EXPENSES RELATING TO SUBSTANDARD
RENTAL HOUSING.
(a) In General.--Part IX of subchapter B of chapter 1 of the
Internal Revenue Code of 1986 (relating to items not deductible) is
amended by adding at the end the following new section:
``SEC. 280I. EXPENSES RELATING TO SUBSTANDARD RENTAL HOUSING.
``(a) General Rule.--No deduction (including any deduction for
depreciation or amortization) shall be allowed under this chapter for
any expense relating to a rental dwelling unit by any taxpayer who
derives rental income from the unit, unless the unit is suitable for
occupancy.
``(b) Suitability for Occupancy.--For purposes of subsection (a),
the suitability of a rental dwelling unit for occupancy shall be
determined under regulations prescribed by the Secretary taking into
account local health, safety, and building codes.''
(b) Conforming Amendment.--The table of sections for such part IX
is amended by adding at the end the following new item:
``Sec. 280I. Expenses relating to
substandard rental housing.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after December 31, 1992.
SEC. 6. EXEMPTION FROM PASSIVE LOSS LIMITATION FOR CERTAIN DEDUCTIONS
RELATING TO QUALIFIED RENTAL HOUSING.
(a) In General.--Subsection (e) of section 469 of the Internal
Revenue Code of 1986 (relating to special rules for determining income
or loss from a passive activity) is amended by adding at the end the
following new paragraph:
``(5) Special rules for deductions allowable for taxes,
interest, and trade or business expenses with respect to rental
real estate activities in which taxpayer actively or materially
participates.--
``(A) In general.--Subsection (a) shall not apply
to any amount allowable as a deduction under section
162, 163, or 164 (determined without regard to this
section) for amounts paid during the taxable year with
respect to qualified rental real estate activities of
the taxpayer.
``(B) Application of section to other deductions.--
The income from qualified rental real estate activities
of the taxpayer shall be reduced (but not below zero)
by the amount to which subsection (a) does not apply by
reason of subparagraph (A) for purposes of determining
whether subsection (a) applies to other deductions with
respect to such activities.
``(C) Qualified rental real estate activity.--For
purposes of this paragraph, the term `qualified real
estate activity' means any rental real estate activity
relating to a qualified low-income housing project
(within the meaning of section 42(g)) with respect to
which during the taxable year the taxpayer--
``(i) actively participates (within the
meaning of subsection (i)(6)), or
``(ii) materially participates (within the
meaning of subsection (h)).''
(b) Technical Amendment.--Paragraph (4) of section 469(j) of such
Code (relating to allocation of passive activity loss and credit) is
amended by striking ``and the passive activity credit (and the $25,000
amount under subsection (i))'' and inserting the following: ``, the
passive activity credit, the $25,000 amount under subsection (i), and
the amount to which subsection (a) does not apply by reason of
subsection (e)(5)(A)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1992. | Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized.
Extends the low-income housing credit permanently.
Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses.
Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years.
Disallows an income tax deduction for any expense relating to residential rental units unless such units are suitable for occupancy.
Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates. | {"src": "billsum_train", "title": "Low-Income Housing Revitalization Act"} | 1,974 | 205 | 0.456915 | 1.253551 | 0.741394 | 2.447059 | 10.123529 | 0.847059 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Museum of the American
Indian Commemorative Coin Act of 2000'', or the ``American Buffalo Coin
Commemorative Coin Act of 2000''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Smithsonian Institution was established in 1846,
with funds bequeathed to the United States by James Smithson
for the ``increase and diffusion of knowledge'';/
(2) once established, the Smithsonian Institution became an
important part of the process of developing the United States
national identity, an ongoing role which continues today;
(3) the Smithsonian Institution, which is now the world's
largest museum complex, including 16 museums, 4 research
centers, and the National Zoo, is visited by millions of
Americans and people from all over the world each year;
(4) the National Museum of the American Indian of the
Smithsonian Institution (referred to in this section as the
``NMAI'') was established by an Act of Congress in 1989, in
Public Law 101-185;
(5) the purpose of the NMAI, as established by Congress, is
to--
(A) advance the study of Native Americans,
including the study of language, literature, history,
art, anthropology, and life;
(B) collect, preserve, and exhibit Native American
objects of artistic, historical, literary,
anthropological, and scientific interest; and
(C) provide for Native American research and study
programs;
(6) the NMAI works in cooperation with Native Americans and
oversees a collection that spans more than 10,000 years of
American history;
(7) it is fitting that the NMAI will be located in a place
of honor near the United States Capitol, and on the National
Mall;
(8) thousands of Americans, including many American
Indians, came from all over the Nation to witness the
groundbreaking ceremony for the NMAI on September 28, 1999;
(9) the NMAI is scheduled to open in the summer of 2002;
(10) the original 5-cent buffalo nickel, as designed by
James Earle Fraser and minted from 1913 through 1938, which
portrays a profile representation of a Native American on the
obverse side and a representation of an American buffalo on the
reverse side, is a distinctive and appropriate model for a coin
to commemorate the NMAI; and
(11) the surcharge proceeds from the sale of a
commemorative coin, which would have no net cost to the
taxpayers, would raise valuable funding for the opening of the
NMAI and help to supplement the endowment and educational
outreach funds of the NMAI.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--In commemoration of the opening of the Museum
of the American Indian of the Smithsonian Institution, the Secretary of
the Treasury (hereafter in this Act referred to as the ``Secretary'')
shall mint and issue not more than 500,000 $1 coins, each of which
shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
SEC. 4. SOURCES OF BULLION.
The Secretary may obtain silver for minting coins under this Act
from any available source, including stockpiles established under the
Strategic and Critical Materials Stock Piling Act.
SEC. 5. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the $1 coins minted under
this Act shall be based on the original 5-cent buffalo nickel
designed by James Earle Fraser and minted from 1913 through 1938. Each
coin shall have on the obverse side a profile representation of a
Native American, and on the reverse side, a representation of an
American buffalo (also known as a bison).
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2001''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary, after consultation with the
Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 6. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--
(1) In general.--Only 1 facility of the United States Mint
may be used to strike any particular quality of the coins
minted under this Act.
(2) Sense of congress.--It is the sense of the Congress
that the United States Mint facility in Denver, Colorado should
strike the coins authorized by this Act, unless the Secretary
determines that such action would be technically or cost-
prohibitive.
(c) Commencement of Issuance.--The Secretary may issue coins minted
under this Act beginning on January 1, 2001.
(d) Termination of Minting.--No coins may be minted under this Act
after December 31, 2001.
SEC. 7. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge required by subsection (d) with respect
to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales of coins minted under this Act shall
include a surcharge of $10 per coin.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--Subject to section 5134(f) of title 31, United
States Code, the proceeds from the surcharges received by the Secretary
from the sale of coins issued under this Act shall be paid promptly by
the Secretary to the National Museum of the American Indian of the
Smithsonian Institution for the purposes of--
(1) commemorating the opening of the National Museum of the
American Indian; and
(2) supplementing the endowment and educational outreach
funds of the Museum of the American Indian.
(b) Audits.--The National Museum of the American Indian shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received by the museum
under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Expresses the sense of Congress that the United States Mint Facility in Denver, Colorado, should strike such coins unless the Secretary determines that it would be technically or cost-prohibitive.
Mandates that the proceeds from sales surcharges be paid promptly to the National Museum of the American Indian of the Smithsonian Institution to: (1) commemorate the opening of the Museum; and (2)supplement the Museum's endowment and educational outreach funds.
Subjects the Museum to certain Federal audit requirements.
Instructs the Secretary to take actions to ensure that coin minting and issuance will not result in any net cost to the Government. | {"src": "billsum_train", "title": "National Museum of the American Indian Commemorative Coin Act of 2000"} | 1,772 | 135 | 0.47363 | 1.528255 | 0.472334 | 3.889831 | 13.711864 | 0.923729 |
SECTION 1. SHORT TITLE.
This bill may be referred to as the ``Trafficking Prevention in
Foreign Affairs Contracting Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Department of State and the United States Agency
for International Development (USAID) rely on contractors to
provide various services in foreign countries such as
construction, security, and facilities maintenance.
(2) In certain cases, such as where the employment of local
labor is impractical or poses security risks, Department of
State and USAID contractors sometimes employ foreign workers
who are citizens neither of the United States nor of the host
country and are recruited from developing countries where low
wages and recruitment methods often make them vulnerable to a
variety of trafficking-related abuses.
(3) A January 2011 report of the Office of the Inspector
General for the Department of State, while it found no evidence
of direct coercion by contractors, found that a significant
majority of their foreign workers in certain Middle East
countries reported paying substantial fees to recruiters that,
according to the Inspector General, ``effectively resulted in
debt bondage at their destinations''. Approximately one-half of
the workers were charged recruitment fees equaling more than
six months' salary. More than a quarter of the workers reported
fees greater than one year's salary and, in some of those
cases, fees that could not be paid off in two years, the
standard length of a contract.
(4) A November 2014 report of the United States Government
Accountability Office (GAO-15-102) found that the Department of
State, USAID, and the Defense Department need to strengthen
their oversight of contractors' use of foreign workers in high-
risk environments in order to better protect against
trafficking in persons.
(5) The GAO report recommended that those agencies should
develop more precise definitions of recruitment fees, and that
they should better ensure that contracting officials include
prevention of trafficking in persons in contract monitoring
plans and processes, especially in areas where the risk of
trafficking in persons is high.
(6) Of the 3 agencies addressed in the GAO report, only the
Department of Defense expressly concurred with GAO's
definitional recommendation and committed to defining
recruitment fees and to incorporating that definition in its
acquisition regulations as necessary.
(7) In formal comments to GAO, the Department of State
stated that it forbids the charging of any recruitment fees by
contractors, and both the Department of State and USAID noted a
proposed Federal Acquisition Regulation (FAR) rule that
prohibits charging any recruitment fees to employees.
(8) However, according to GAO, neither the Department of
State nor USAID specifically defines what constitutes a
prohibited recruitment fee: ``Contracting officers and agency
officials with monitoring responsibilities currently rely on
policy and guidance regarding recruitment fees that are
ambiguous. Without an explicit definition of the components of
recruitment fees, prohibited fees may be renamed and passed on
to foreign workers, increasing the risk of debt bondage and
other conditions that contribute to trafficking.''.
(9) GAO found that, although Department of State and USAID
guidance requires their respective contracting officials to
monitor compliance with trafficking in persons requirements,
they did not consistently have specific processes in place to
do so in all of the contracts that GAO sampled.
SEC. 3. REPORTS ON DEFINITION OF PLACEMENT AND RECRUITMENT FEES AND
ENHANCEMENT OF CONTRACT MONITORING TO PREVENT TRAFFICKING
IN PERSONS.
(a) Department of State Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State shall submit
to the appropriate committees of Congress a report that includes the
matters described in subsection (c) with respect to the Department of
State.
(b) USAID Report.--Not later than 180 days after the date of the
enactment of this Act, the Administrator of the United States Agency
for International Development (USAID) shall submit to the appropriate
committees of Congress a report that includes the matters described in
subsection (c) with respect to USAID.
(c) Matters To Be Included.--The matters described in this
subsection are the following:
(1) A proposed definition of placement and recruitment fees
for purposes of complying with section 106(g)(iv)(IV) of the
Trafficking Victims Protection Act of 2000 (22 U.S.C.
7104(g)(iv)(IV)), including a description of what fee
components and amounts are prohibited or are permissible for
contractors or their agents to charge workers under such
section.
(2) An explanation of how the definition described in
paragraph (1) will be incorporated into grants, contracts,
cooperative agreements, and contracting practices, so as to
apply to the actions of grantees, subgrantees, contractors,
subcontractors, labor recruiters, brokers, or other agents, as
specified in section 106(g) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7104(g)).
(3) A description of actions taken during the 180-day
period preceding the date of submission of the report and
planned to be taken during the 1-year period following the date
of submission of the report to better ensure that officials
responsible for grants, contracts, and cooperative agreements
and contracting practices include the prevention of trafficking
in persons in plans and processes to monitor such grants,
contracts, and cooperative agreements and contracting
practices.
(d) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means the Committee on Foreign
Affairs of the House of Representatives and the Committee on Foreign
Relations of the Senate.
SEC. 4. DEFINITION.
In this Act, the term ``trafficking in persons'' has the meaning
given the term in section 103(9) of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102(9)).
Passed the House of Representatives February 1, 2016.
Attest:
KAREN L. HAAS,
Clerk. | Trafficking Prevention in Foreign Affairs Contracting Act (Sec. 3) This bill directs the Department of State and the U.S. Agency for International Development to report to Congress regarding: a definition of "placement and recruitment fees" for purposes of complying with the Trafficking Victims Protection Act of 2000, including a description of what fee components and amounts are prohibited or are permissible for contractors or their agents to charge workers; how such definition will be incorporated into grants, contracts, cooperative agreements, and contracting practices so as to apply to the actions of grantees, subgrantees, contractors, subcontractors, labor recruiters, brokers, or other agents; and a description of actions taken during the 180-day period preceding the submission of the report and planned to be taken during the following year to better ensure that the responsible officials include the prevention of trafficking in persons in monitoring such grants, contracts, and cooperative agreements and contracting practices. | {"src": "billsum_train", "title": "Trafficking Prevention in Foreign Affairs Contracting Act"} | 1,305 | 214 | 0.476504 | 1.64858 | 0.774476 | 5.355932 | 6.779661 | 0.937853 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Farm Preservation and
Conservation Estate Tax Act''.
SEC. 2. EXCLUSION FROM GROSS ESTATE FOR CERTAIN FARMLAND SO LONG AS
FARMLAND USE CONTINUES.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate) is amended by
inserting after section 2033 the following new section:
``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND
CONTINUES.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, if the executor makes the election described in
subsection (f), the value of the gross estate shall not include the
adjusted value of qualified farmland included in the estate.
``(b) Estates to Which Section Applies.--This section shall apply
to an estate if--
``(1) the decedent was (at the date of the decedent's
death) a citizen or resident of the United States, and
``(2) during the 8-year period ending on the date of the
decedent's death there have been periods aggregating 5 years or
more during which--
``(A) the qualified farmland was owned by the
decedent or a member of the decedent's family, and
``(B) there was material participation (within the
meaning of section 2032A(e)(6)) by the decedent or a
member of the decedent's family in the operation of
such farmland, except that `material participation'
shall also include any rental of real estate and
related property between the estate of the decedent or
any successor thereto and any tenant so long as the
tenant uses the real estate and related property to
produce agricultural or horticultural commodities,
including but not limited to livestock, bees, poultry,
orchards and woodlands, timber and fur-bearing animals
and wildlife on such farmland.
Rules similar to the rules of paragraphs (4) and (5) of section
2032A(b) shall apply for purposes of subparagraph (B).
``(c) Definitions and Special Rule.--For purposes of this section--
``(1) Qualified farmland.--The term `qualified farmland'
means any real property or other property related to the farm
operation--
``(A) which is located in the United States,
``(B) which is used as a farm for farming purposes,
and
``(C) which was acquired from or passed from the
decedent to a qualified heir of the decedent and which,
on the date of the decedent's death, was being so used
by the decedent or a member of the decedent's family.
``(2) Member of family.--A member of a family, with respect
to any individual, means--
``(A) a member of the family (as defined by section
2031A(e)(2)), and
``(B) includes--
``(i) a lineal descendant of any spouse
described in subparagraph (D) of section
2032A(e)(2),
``(ii) a lineal descendant of a sibling of
a parent of such individual,
``(iii) a spouse of any lineal descendant
described in clause (ii), and
``(iv) a lineal descendant of a spouses
described in clause (iii).
``(3) Adjusted value.--The term `adjusted value' means the
value of farmland for purposes of this chapter (determined
without regard to this section), reduced by the amount
deductible under paragraph (3) or (4) of section 2053(a).
``(4) Other terms.--Any other term used in this section
which is also used in section 2032A shall have the same meaning
given such term by section 2032A.
``(d) Tax Treatment of Dispositions and Failures To Use for Farming
Purposes.--
``(1) Imposition of recapture tax.--If, at any time after
the decedent's death--
``(A) the qualified heir disposes of any interest
in qualified farmland (other than by a disposition to a
member of his family), or
``(B) the qualified heir ceases to use the real
property which was acquired (or passed) from the
decedent as a farm for farming purposes,
then there is hereby imposed a recapture tax on such
disposition or cessation of use.
``(2) Amount of recapture tax.--The amount of the tax
imposed by paragraph (1) shall be the excess of--
``(A) the tax which would have been imposed by
section 2001 on the estate of the decedent but
determined as if such estate included the interest in
qualified farmland described in paragraph (1) which was
so disposed of or ceased to be so used, reduced by the
credits allowable against such tax, over
``(B) the tax imposed by section 2001 on the estate
of the decedent, reduced by such credits.
For purposes of this paragraph, the value of the interest in
qualified farmland specified in subparagraph (A) shall be the
adjusted value of such interest as of the date of the
disposition or cessation of such interest described in
paragraph (1).
``(3) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this subsection, including regulations requiring record keeping
and information reporting, except that the Secretary may not
impose a lien on the estate of the decedent or qualified
farmland for such purposes.
``(e) Application of Other Rules.--Rules similar to the rules of
subsections (e) (other than paragraph (13) thereof), (f), (g), (h), and
(i) of section 2032A shall apply for purposes of this section.
``(f) Election.--The election under this subsection shall be made
on or before the due date (including extensions) for filing the return
of tax imposed by section 2001 and shall be made on such return.''.
(b) Clerical Amendment.--The table of sections for part III of
subchapter A of chapter 11 of such Code is amended by inserting after
the item relating to section 2033 the following new item:
``Sec. 2033A. Exclusion of certain farmland so long as use as farmland
continues.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 3. TEMPORARY EXCLUSION OF QUALIFIED CONSERVATION EASEMENTS.
(a) In General.--Part III of subchapter A of chapter 11 of the
Internal Revenue Code of 1986 (relating to gross estate), as amended by
section 2, is amended by inserting after section 2033A the following
new section:
``SEC. 2033B. TEMPORARY EXCLUSION OF QUALIFIED CONSERVATION EASEMENTS.
``(a) In General.--In the case of an estate of a decedent to which
this section applies, if the executor makes the election described in
subsection (d)--
``(1) the value of the gross estate shall not include the
value of land subject to a qualified conservation easement
included in the estate, but
``(2) a tax under subsection (b) shall apply.
``(b) Tax Treatment of Dispositions and for Use Incompatible With
Conservation Easement.--
``(1) Imposition of recapture tax.--If, at any time after
the decedent's death--
``(A) the qualified heir disposes of any interest
in the land described in subsection (a)(1) (other than
by a disposition to a member of his family), or
``(B) the qualified heir uses any portion of the
land described in subsection (a)(1) in a manner which
violates the terms of such easement,
then there is hereby imposed a recapture tax on such
disposition or use.
``(2) Amount of recapture tax.--The amount of the tax
imposed by paragraph (1) shall be the excess of--
``(A) the tax which would have been imposed by
section 2001 on the estate of the decedent, determined
as if--
``(i) section 2031(c) did not apply, and
``(ii) as if such estate included the
interest described in paragraph (1)(A) or the
portion described in paragraph (1)(B), as
applicable,
reduced by the credits allowable against such tax, over
``(B) the tax imposed by section 2001 on the estate
of the decedent, reduced by such credits.
For purposes of this paragraph, the value of any interest in
land or portion of land subject to a qualified conservation
easement shall be the fair market value of such interest or
portion as of the date of the disposition or use of such
interest or portion described in paragraph (1).
``(3) Regulations.--The Secretary may prescribe such
regulations as may be necessary or appropriate to carry out
this subsection, including regulations requiring record keeping
and information reporting, except that the Secretary may not
impose a lien on the estate of the decedent, land subject to a
qualified conservation easement, or qualified conservation
easement for such purposes.
``(c) Land Subject to Qualified Conservation Easement.--For
purposes of this section, the terms `land subject to a qualified
conservation easement' and `qualified conservation easement' have the
meanings given such terms by section 2031(c)(8).
``(d) Election.--The election under this subsection shall be made
on or before the due date (including extensions) for filing the return
of tax imposed by section 2001 and shall be made on such return.''.
(b) Clerical Amendment.--The table of sections for subchapter B of
chapter 62 of such Code is amended by adding at the end the following
new item:
``Sec. 2033B. Temporary exclusion of qualified conservation
easements.''.
(c) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 4. MODIFICATION OF DEFINITION OF QUALIFIED CONSERVATION EASEMENT.
(a) In General.--Subparagraph (B) of section 2031(c)(8) of the
Internal Revenue Code of 1986 is amended by striking ``and the
restriction on the use of such interest described in section
170(h)(2)(C) shall include a prohibition on more than a de minimis use
for a commercial recreational activity''.
(b) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act.
SEC. 5. MODIFICATION OF RULES RELATING TO VALUATION OF CERTAIN FARM,
ETC., REAL PROPERTY.
(a) Disposition of Interest Subject to Qualified Conservation
Easement.--Subparagraph (A) of section 2032A(c)(1) of the Internal
Revenue Code of 1986 is amended by striking ``family)'' and inserting
``family or by a disposition to any other person when such interest in
real property is subject to a qualified conservation easement (as
defined in section 2031(c)(8)(B)))''.
(b) Woodlands Subject to Management Plan.--Paragraph (2) of section
2032A(c) of such Code is amended by adding at the end the following new
subparagraph:
``(F) Exception for woodlands subject to management
plan.--Subparagraph (E) shall not apply to any
disposition or severance of standing timber on a
qualified woodland that is made pursuant to--
``(i) a written forest management plan
developed by a credentialed professional
forester,
``(ii) a written forest management plan
that is equivalent to a forest stewardship
plan, or
``(iii) a third-party audited forest
certification system or similar land management
protocol.''.
(c) Sale of Conservation Easement Not a Disposition.--Paragraph (8)
of section 2032A(c) of such Code is amended--
(1) by striking ``A qualified'' and inserting ``Neither a
qualified'', and
(2) by inserting ``nor a sale of a conservation easement
limiting the use of qualified real property'' after
``otherwise''.
(d) Farm Defined.--Paragraph (4) of section 2032A(e) of such Code
is amended by striking ``orchards and woodlands'' and inserting
``orchards, woodlands, and properties managed to provide habitat in
support of fish and wildlife dependent recreation''.
(e) Farming Purpose Defined.--Paragraph (5) of section 2032A(e) of
such Code is amended--
(1) in subparagraph (A) by inserting ``, silvicultural,''
after ``agricultural'', and
(2) by striking ``and'' at the end of subparagraph (B), by
striking the period at the end of subparagraph (C) and
inserting ``, and'', and by adding at the end the following:
``(D) creating, restoring, enhancing, or
maintaining habitat for the purpose of generating
revenue from nature-oriented recreational
opportunities, including hunting, fishing, wildlife
observation, and related fish and wildlife dependent
recreation.''.
(f) Effective Date.--The amendments made by this section shall
apply to estates of decedents dying after the date of the enactment of
this Act. | Family Farm Preservation and Conservation Estate Tax Act - Amends the Internal Revenue Code to: (1) exclude from the gross estate the value of property used by a decedent and the decedent's family as a farm for farming purposes and certain qualified conservation easements; and (2) impose a recapture tax if such farmland is sold outside the decedent's family or is no longer used for farming purposes or if a qualified conservation easement is likewise sold or used in violation of the terms of such easement. | {"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide an exclusion from the gross estate for certain farmlands and lands subject to qualified conservation easements, and for other purposes."} | 3,170 | 114 | 0.542678 | 1.335778 | 0.617737 | 2.494737 | 28.421053 | 0.894737 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer Patient Education Act
of 2015''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) The American Cancer Society estimates that in 2015,
about 231,840 new cases of breast cancer will be diagnosed in
women in the United States.
(2) Breast cancer has a disproportionate and detrimental
impact on African-American women and is the most common cancer
among Hispanic women.
(3) African-American women under the age of 40 have a
greater incidence of breast cancer than Caucasian women of the
same age.
(4) According to the Health Resources and Services
Administration, women residing in rural areas may have lower
rates of mammography screening compared to non-rural women
because of barriers to health care, such as greater distances
to medical facilities and lower educational, income, and health
insurance levels.
(5) Individuals undergoing surgery for breast cancer should
have the opportunity to give due consideration to the option of
breast reconstructive surgery, either at the same time as the
breast cancer surgery or at a later date.
(6) According to the American Cancer Society, immediate
breast reconstruction offers the advantage of combining the
breast cancer surgery with the reconstructive surgery and is
cost effective, while delayed breast reconstruction may be
advantageous in women who require post-surgical radiation or
other treatments.
(7) A woman who has had a breast removed may not be a
candidate for surgical breast reconstruction or may choose not
to undergo additional surgery and instead choose breast
prostheses.
(8) The Women's Health and Cancer Rights Act of 1998
(Public Law 105-277) requires health plans that offer medical
and surgical benefits with respect to a mastectomy to also
provide coverage for all stages of reconstruction of the breast
on which the mastectomy has been performed, surgery and
reconstruction of the other breast to produce a symmetrical
appearance, prostheses, and physical complications of
mastectomy, including lymphedemas.
(9) A 2007 study by Amy Alderman, M.D., at the University
of Michigan reported that up to 70 percent of women eligible
for breast reconstruction are not informed of their
reconstructive options by their general surgeon.
(10) A 2003 study by Alderman and others found that race is
a significant predictor of reconstruction. Compared with the
odds of reconstruction for Caucasians, the odds of
reconstruction for African-Americans, Hispanics, and Asians are
significantly less.
(11) A 2007 study by Caprice Greenberg, M.D., of the Dana
Farber Cancer Institute and others found that Hispanic patients
were less likely to receive reconstruction. This may be because
of language barriers between the patient and provider. Although
72 percent of patients who primarily spoke English went on to
receive reconstruction after discussing it with their
providers, no patient in the study with a primary language
other than English went on to receive reconstruction.
(12) A 2009 study by Alderman and others also found that
the relationship between race and reconstruction rates
persisted when demographic and clinical factors were controlled
for in the study. Minority women are significantly less likely
than Caucasians to see a plastic surgeon before initial
surgery, are most likely to desire more information about
reconstruction, and satisfaction is lowest among minority women
without reconstruction.
(13) The low use of reconstruction for minorities is not
explained by lower demand for the procedure. Lower health
literacy, financial issues, and less access to plastic surgeons
emerged as barriers to reconstruction in the 2009 Alderman
study. These results suggest that there is a substantial unmet
need for information, especially among racial and ethnic
minority groups, regarding reconstruction options and coverage
required under the Women's Health and Cancer Rights Act of
1998.
(14) A 2010 study by Warren H. Tseng, M.D., and others at
the University of California Davis found that patients from
rural areas are less likely to undergo breast reconstruction
following mastectomy for breast cancer than their urban
counterparts.
SEC. 3. BREAST RECONSTRUCTION EDUCATION.
Part V of title III of the Public Health Service Act (42 U.S.C.
280m) is amended by adding at the end the following:
``SEC. 399NN-1. BREAST RECONSTRUCTION EDUCATION.
``(a) In General.--The Secretary shall provide for the planning and
implementation of an education campaign to inform breast cancer
patients anticipating surgery about the availability and coverage of
breast reconstruction, prostheses, and other options, with a focus on
informing patients who are members of racial and ethnic minority
groups.
``(b) Information To Be Disseminated.--
``(1) Specific information.--Such campaign shall include
dissemination of the following information:
``(A) Breast reconstruction is possible at the time
of breast cancer surgery, or at a later time.
``(B) Prostheses or breast forms may be available.
``(C) Federal law mandates both public and private
health plans to include coverage of breast
reconstruction and prostheses.
``(D) The patient has a right to choose a provider
of reconstructive care, including the potential
transfer of care to a surgeon that provides breast
reconstructive care.
``(E) The patient may opt to undergo breast
reconstruction some time after the time of breast
cancer surgery for personal or medical reasons, during
treatment or after completion of all other breast
cancer treatments.
``(2) Other information.--In addition to the information
described in paragraph (1), such campaign may include
dissemination of such other information (whether developed by
the Secretary or by other entities), as the Secretary
determines appropriate.
``(3) Required publication.--The information required to be
disseminated under paragraph (1) and any information
disseminated in accordance with paragraph (2) shall be posted
on the Internet Web sites of relevant Federal agencies,
including the Office of Women's Health, the Office of Minority
Health, and the Office of Rural Health Policy.
``(4) Restriction.--Such campaign shall not specify, or be
designed to serve as a tool to limit, the health care providers
available to patients.
``(c) Consultation.--In developing the information to be
disseminated under this section, the Secretary shall consult with
appropriate medical societies and patient advocates related to breast
cancer, breast reconstructive surgery, breast prostheses, and breast
forms and with patient advocates representing racial and ethnic
minority groups with a special emphasis on African-American and
Hispanic populations.
``(d) Definitions.--In this section, the terms `racial and ethnic
minority group' and `Hispanic' have the meanings given such terms in
section 1707.
``(e) Report.--Not later than 2 years after date of enactment of
the Breast Cancer Patient Education Act of 2015 and every 2 years
thereafter, the Secretary shall submit to the Committee on Health,
Education, Labor, and Pensions of the Senate and the Committee on
Energy and Commerce of the House of Representatives a report describing
the activities carried out under this section during the preceding 2
fiscal years, and an evaluation of the extent to which such activities
have been effective in improving the health and well-being of racial
and ethnic minority groups.''. | Breast Cancer Patient Education Act of 2015 Amends the Public Health Service Act to direct the Department of Health and Human Services to provide for the planning and implementation of an education campaign to inform breast cancer patients anticipating surgery about the availability and coverage of breast reconstruction, prostheses, and other options, with a focus on informing patients who are members of racial and ethnic minority groups. | {"src": "billsum_train", "title": "Breast Cancer Patient Education Act of 2015"} | 1,554 | 82 | 0.479047 | 1.189758 | 0.74849 | 7.541667 | 20.583333 | 0.930556 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alcohol Ingredient Labeling Act of
1996''.
SEC. 2. LABELING.
Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
343) is amended by adding at the end the following:
``(t)(1) If it is a malt beverage (including malt liquor or malt
cooler), wine (including wine cooler or fortified wine), distilled
spirit (including distilled spirit cooler), or any other beverage,
over-the-counter medication, or similar product containing more than
\1/2\ percent alcohol by volume unless it bears a label which--
``(A) discloses in a nonpromotional manner the alcoholic
content by volume,
``(B) discloses the number of drinks it contains rounded to
the nearest quarter drink,
``(C) discloses its ingredients and calories per container
and per drink,
``(D) discloses the common or usual name of each ingredient
(including additives), and
``(E) bears the following statement: `If you or someone you
know has a drinking problem, a call may be made to (reference
to a toll-free number established and operated by the
Secretary) for help'.
``(2) For purposes of subparagraph (1):
``(A) The term `malt beverage' means a beverage made by the
alcoholic fermentation of an infusion or decoction, or
combination of both, in potable brewing water of malted barley
with hops, or their parts or products, with or without other
malted cereals, with or without the addition of unmalted or
prepared cereals, other carbohydrates, or materials prepared,
with or without the addition of carbon dioxide, and with or
without other wholesome products suitable for human food
consumption.
``(B) The term `wine' means wine as defined in sections 610
and 617 of the Revenue Act of 1918 and other alcoholic
beverages made in the manner of wine, including sparkling and
carbonated wine, wine made from condensed grape must, wine made
from other agricultural products than the juice of sound, ripe
grapes, imitation wine, wine compounds sold as wine, vermouth,
cider, sherry, and sake if it contains not less than 7 percent
and not more than 24 percent of alcohol by volume and if for
nonindustrial use.
``(C) The term `distilled spirit' means ethyl alcohol,
hydrated oxide of ethyl, spirits of wine, whisky, rum, brandy,
gin, and other distilled spirits, including all dilutions and
mixtures thereof for nonindustrial use. Such term does not
include mixtures containing wine, bottled at 48 degrees of
proof or less if the mixture contains more than 50 percent wine
on a proof gallon basis.
``(D) The term `drink' is a serving of a malt beverage,
wine, or distilled spirit which contains .6 ounces of alcohol
by volume.
``(E) The term `ingredient' shall not mean incidental or
trace ingredients.
``(3) The Secretary shall by regulation require that the
information required on a container of a malt beverage, wine, or
distilled spirit label by subparagraph (1)--
``(A) be located in a conspicuous place on such label,
``(B) appear in conspicuous and legible type which is in
contrast by typography, layout, and color with other printed
matter and which is of a size no less than one-sixteenth of an
inch in height,
``(C) be displayed horizontally,
``(D) be easily legible when the container is held in the
usual way,
``(E) be offset by borders, and
``(F) in the case of the requirement of subparagraph
(1)(B), be stated as a number followed by the word `drinks', be
contained within a beer mug symbol, and be placed on the front
of the container.''.
SEC. 3. AUTHORIZATION.
There is authorized to be appropriated to the Secretary $500,000
for fiscal year 1996 and each succeeding fiscal year to establish and
operate the toll-free number referred to in section 403(s)(1)(E) of the
Federal Food, Drug, and Cosmetic Act (as added by section 1).
SEC. 4. REPORT.
The Commissioner of the Food and Drug Administration shall submit a
report, within 90 days of the date of the enactment of this Act, on the
effectiveness of the format of the Surgeon General's warning required
by section 204 of the Alcoholic Beverage Labeling Act of 1988 in
combination with the new ingredient information required on beverage
labels by the amendment made by section 2. The Commissioner shall
evaluate the format of such information in terms of its legibility,
placement, and noticeability and in terms of other relevant
characteristics. The report shall make recommendations for improving
such format. | Alcohol Ingredient Labeling Act of 1996 - Amends the Federal Food, Drug, and Cosmetic Act to deem a malt beverage, wine, or distilled spirit mislabeled unless it bears a label disclosing: (1) the alcoholic content; (2) the number of drinks (defining "drink" as .6 ounces of alcohol); (3) its ingredients and calories; (4) the common name of each ingredient, including additives; and (5) a toll-free number for help with a drinking problem. Authorizes appropriations for the toll-free number. | {"src": "billsum_train", "title": "Alcohol Ingredient Labeling Act of 1996"} | 1,117 | 131 | 0.493286 | 1.354473 | 0.623024 | 3.327273 | 9.245455 | 0.854545 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Payment Equity Act
of 1994''.
SEC. 2. LIMITATION ON PAYMENT OF CERTAIN BENEFITS IN EXCESS OF
CONTRIBUTIONS DURING YEARS OF HIGHER INCOME.
(a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402) is amended by adding at the end the following new subsection:
``Limitation on Payment of Certain Benefits in Excess of Contributions
During Years of Higher Income
``(y)(1) Notwithstanding any other provision of this title, if,
with respect to any year of higher income for an individual--
``(A) the total amount of the adjusted values of all
benefits under subsections (a), (b), and (c) paid in months
prior to such year based on the wages and self-employment
income of such individual exceed
``(B) the total amount of the adjusted values of all OASDI
taxes paid with respect to the wages and self-employment income
of such individual, determined as of the beginning of such year
of higher income,
then the monthly benefits under subsections (a), (b), and (c) based on
the wages and self-employment income of such individual paid for any
month in such year shall be reduced (after all other deductions and
reductions applicable under this title) by the percentage reduction
specified under paragraph (2). Benefits, as reduced under this
paragraph, if not a multiple of $1, shall be increased to the next
higher multiple of $1.
``(2)(A) In the case of an individual who is not married as of the
beginning of such individual's taxable year, the percentage reduction
is the percentage specified in the following table:
``If such individual's adjusted The percentage is:
gross income for the
taxable year is:
Over $50,000 but not over $52,000............. 10 percent.
Over $52,000 but not over $54,000............. 20 percent.
Over $54,000 but not over $56,000............. 30 percent.
Over $56,000 but not over $58,000............. 40 percent.
Over $58,000 but not over $60,000............. 50 percent.
Over $60,000 but not over $62,000............. 60 percent.
Over $62,000 but not over $64,000............. 70 percent.
Over $64,000 but not over $66,000............. 80 percent.
Over $66,000 but not over $68,000............. 90 percent.
Over $68,000.................................. 100 percent.
``(B) In the case of an individual who is married as of the
beginning of such individual's taxable year, the percentage reduction
is the percentage specified in the following table:
``If the total adjusted gross The percentage is:
income of such individual
and such individual's
spouse for the taxable year
is:
Over $100,000 but not over $104,000........... 10 percent.
Over $104,000 but not over $108,000........... 20 percent.
Over $108,000 but not over $112,000........... 30 percent.
Over $112,000 but not over $116,000........... 40 percent.
Over $116,000 but not over $120,000........... 50 percent.
Over $120,000 but not over $124,000........... 60 percent.
Over $124,000 but not over $128,000........... 70 percent.
Over $128,000 but not over $132,000........... 80 percent.
Over $132,000 but not over $136,000........... 90 percent.
Over $136,000................................. 100 percent.
``(3) For purposes of this subsection:
``(A) The term `year of higher income' for an individual
means any taxable year--
``(I) if, in the case of an individual who is not
married as of the beginning of such taxable year, the
adjusted gross income of such individual for such
taxable year exceeds $50,000, or
``(II) if, in the case of an individual who is
married as of the beginning of such taxable year, the
total adjusted gross income of such individual and such
individual's spouse for such taxable year exceeds
$100,000.
``(B) The term `adjusted gross income' has the meaning
provided in section 62 of the Internal Revenue Code of 1986.
``(C) The term `adjusted value' of an amount means such
amount, plus interest on such amount computed at a rate equal
to 2 percent, compounded annually.
``(D) The term `OASDI taxes' means the taxes imposed under
sections 1401(a), 3101(a), and 3111(a) of the Internal Revenue
Code of 1986.
``(4) The Commissioner of Social Security shall provide by
regulation for the maintenance of such records, relating to individuals
on the basis of whose wages and self-employment income benefits under
subsection (a), (b), and (c) are otherwise payable under this section,
of total benefits paid and OASDI taxes paid, as is necessary to
preclude, to the maximum extent practicable, overpayments and
underpayments of benefits resulting from the operation of this
subsection. The Commissioner and the Secretary of the Treasury shall
enter into such arrangements as are necessary to ensure that such
records maintained by the Commissioner are currently accurate at all
times.
``(5)(A) In any case in which a taxable year of an individual is a
year of higher income for such individual, if a benefit under
subsection (a), (b), or (c) has been paid for any month in such year on
the basis of such individual's wages and self-employment income, such
individual (or the individual who is in receipt of such benefit on his
behalf) shall make a report to the Commissioner of Social Security of
his adjusted gross income, and (if he is married) the adjusted gross
income of his spouse, for such taxable year. Such report shall be made
on or before the fifteenth day of the fourth month following the close
of such year, and shall contain such information and be made in such
manner as the Commissioner may by regulations prescribe. The
Commissioner may grant a reasonable extension of time for making such
report if he finds that there is valid reason for a delay, but in no
case may the period be extended more than three months.
``(B) If an individual fails to make a report required under
subparagraph (A), within the time prescribed by or in accordance with
such subparagraph, for any taxable year and a benefit based on such
individual's wages and self-employment income is paid for any month in
such taxable year or the next following taxable year which is in excess
of the amount payable by reason of this subsection, he shall be deemed
to have been overpaid for such month an additional amount as follows:
``(i) in the case of the first such month for which a
benefit is paid in excess of the amount payable by reason of
this subsection, the additional amount shall be equal to the
amount of such excess;
``(ii) in the case of the second such month for which a
benefit is paid in excess of the amount payable by reason of
this subsection, the additional amount shall be equal to two
times the amount of such excess; and
``(iii) in the case of the third or a subsequent such month
for which a benefit is paid in excess of the amount payable by
reason of this subsection, the additional amount shall be equal
to three times the amount of such excess;
except that additional amounts of overpayment determined under this
paragraph shall be determined only for months for which the benefit in
excess of the amount payable was received and accepted.
``(C)(i)(I) If the Commissioner of Social Security determines, on
the basis of information obtained by or submitted to him, that it may
reasonably be expected that benefits under subsection (a), (b), or (c)
based on an individual's wages and self-employment income will not be
payable (in whole or in part) for any month in a taxable year of such
individual by reason of this subsection, the Commissioner may, before
the close of such taxable year, suspend the payment (in whole or in
part) for each month in such year (or for only such months as the
Commissioner may specify) of such benefits. Such suspension shall
remain in effect with respect to the benefits for any month until the
Commissioner has determined the extent to which benefits are payable
under this subsection.
``(II) The Commissioner of Social Security may, before the close of
the taxable year of an individual on whose wages and self-employment
income benefits are otherwise payable during such year, request of such
individual that he make, at such time or times as the Commissioner may
specify, a declaration of his estimated adjusted gross income (or the
estimated total adjusted gross income for him and his spouse) for the
taxable year and that he furnish to the Commissioner such other
information with respect to such income as the Commissioner may
specify. A failure by such individual to comply with any such request
shall in itself constitute justification for a determination under
subclause (I) that it may reasonably be expected that such benefits are
not payable (in whole or in part) by reason of this subsection.
``(III) If the payment of benefits under subsection (a), (b), or
(c) based on the wages and self-employment income of an individual have
been suspended (in whole or in part) for all months in any taxable year
of such individual under subclause (I), no payment of such unpaid
benefits shall be made for any such month in such taxable year after
the expiration of the period of three years, three months, and fifteen
days following the close of such taxable year unless within such period
the individual, or some other person entitled to benefits under this
title on the basis of the same wages and self-employment income, files
with the Commissioner of Social Security information showing that the
unpaid portion of a benefit for such month is payable to such
individual.
``(ii) If, after the close of a taxable year of an individual on
whose wages and self-employment income benefits under subsection (a),
(b), or (c) were otherwise payable for months in such year, the
Commissioner of Social Security requests such individual to furnish a
report of his adjusted gross income (or the total adjusted gross income
of him and his spouse) for such taxable year or any other information
with respect to such income which the Commissioner may specify, and the
individual fails to comply with such request, such failure shall in
itself constitute justification for a determination that such benefits
were not payable (in whole or in part) for each month in such taxable
year (or only for such months thereof as the Commissioner may specify)
by reason of this subsection.
``(D) The Commissioner of Social Security shall develop and
implement procedures in accordance with this paragraph to avoid paying
more than the correct amount of benefits under subsection (a), (b), or
(c) as a result of the failure of the individual on whose wages and
self-employment income such benefits are based to file a correct report
or estimate of adjusted gross income. Such procedures may include
identifying categories of individuals on the basis of whose wages and
self-employment income benefits which are not payable (in whole or in
part) under this subsection are likely to be paid and requesting that
they estimate their adjusted gross income (or the total adjusted gross
income of them and their spouses) more frequently than other persons
subject to this subsection.
``(6) Benefits which would, but for the provisions of paragraph
(1), be payable under this title, on the basis of the wages and self-
employment income of the individual referred to in paragraph (1), to
any other individual (other than the individuals to whom benefits based
on such wages and self-employment income are not payable by reason of
paragraph (1)) shall be payable as though such individuals were
receiving such benefits.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to benefits otherwise payable in taxable years
ending after December 31, 1995.
SEC. 3. INFORMATION RELATING TO BENEFIT LIMITATIONS PROVIDED IN SOCIAL
SECURITY ACCOUNT STATEMENTS.
(a) In General.--Section 1143 of the Social Security Act (42 U.S.C.
1320b-13) is amended--
(1) in the heading for subsection (a), by striking ``Upon
Request'' and inserting ``of Annual Statements'';
(2) in subsection (a)(1), by striking ``Beginning'' and all
that follows and inserting the following: ``Not later than
October 1 of each year, the Commissioner of Social Security
shall provide an annual social security account statement
(hereinafter in this section referred to as the `statement') to
each eligible individual for whom a mailing address can be
determined through such methods as the Commissioner determines
to be appropriate.'';
(3) in subsection (a)(2)(A), by striking ``at the date of
the request'';
(4) in subsection (a)(2)(B), by striking ``on the date of
the request'';
(5) in subsection (a)(2)(C), by striking ``on the date of
the request'' and by striking ``and'' at the end;
(6) in subsection (a)(2)(D), by inserting ``in the case of
individuals not receiving benefits,'' after ``(D)'', and by
striking ``title XVIII.'' and inserting ``title XVIII; and'';
(7) by adding after subparagraph (D) the following:
``(E) a table setting forth an estimate, in relation to
1980 and every 10th year thereafter through 2030, of the
following information:
``(i) the total amount of the adjusted values of
all employee, employer, and self-employment
contributions made with respect to the wages and self-
employment income of the average earner retiring at
retirement age in each such year;
``(ii) the total amount of the adjusted values of
the monthly benefits paid under subsections (a), (b),
and (c) of section 202, as of the date of the
statement, on the basis of the wages and self-
employment income of the average earner retiring at
retirement age in each such year; and
``(iii) the total amount of the adjusted values of
the monthly benefits which will have been paid under
such subsections, as of the time of the death of the
average earner retiring at retirement age in each such
year, on the basis of his or her wages and self-
employment income, determined under generally accepted
actuarial assumptions.
For purposes of subparagraph (E), the term `adjusted value' of
an amount means such amount, plus interest on such amount
computed at a rate equal to 2 percent, compounded annually.'';
(8) by striking subsection (b);
(9) in subsection (c)--
(A) by striking the heading and inserting the
following:
``Required Estimates of Benefits'';
(B) by striking ``(c)(1) By not later'' and all
that follows through ``With respect to'' in paragraph
(2) and inserting ``(b) With respect to''; and
(C) by adding at the end the following new
sentence: ``The Commissioner shall provide such
estimates of retirement benefit amounts to eligible
individuals who have not attained age 50 upon
request.''; and
(10) by adding at the end the following new subsection:
``Inclusion of Statements to Retirees with Other Mailings
``(c) The Commissioner of Social Security shall ensure that
statements provided to eligible individuals who are receiving benefits
under title II are included to the maximum extent practicable with
mailings otherwise made to such individuals. The Commissioner shall
consult with the Secretary of the Treasury in carrying out the
requirement of this subsection and such Secretary shall provide such
appropriate assistance to the Commissioner as is necessary to carry out
such requirements.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to statements provided on or after October 1, 1995.
SEC. 4. GRADUAL INCREASE IN RETIREMENT AGE COMMENCING WITH CALENDAR
YEAR 1996 AND REACHING AGE 68 FOR THOSE ATTAINING AGE 65
IN OR AFTER CALENDAR YEAR 2031.
(a) In General.--Section 216(l)(1) of the Social Security Act (42
U.S.C. 416(l)(1)) is amended by striking subparagraphs (A) through (E)
and inserting the following:
``(A) with respect to an individual who attains early
retirement age (as defined in paragraph (2)) before January 1,
1993, 65 years of age;
``(B) with respect to an individual who attains early
retirement age after December 31, 1992, and before January 1,
2028, 65 years of age plus the number of months in the age
increase factor (as determined under paragraph (3)) for the
calendar year in which such individual attains early retirement
age; and
``(C) with respect to an individual who attains early
retirement age after December 31, 2027, 68 years of age.''.
(b) Conforming Amendment.--Section 216(l)(3) of such Act (42 U.S.C.
416(l)(3)) is amended to read as follows:
``(3) The age increase factor for any individual who attains early
retirement age in the 35-year period consisting of calendar years 1993
through 2027 shall be equal to \1/12\ of the number of months in the
period beginning with January 1993 and ending with the last month of
the calendar year in which the individual attains early retirement
age.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to benefits for months after the date of the
enactment of this Act.
(2) Transition rule.--In any case in which an individual is
entitled to a benefit under title II of the Social Security Act
for the month in which this Act is enacted, the amount of any
benefit of such individual under such title II for any
subsequent month (based on the primary insurance amount of the
individual on whose primary insurance amount such benefit for
the month in which this Act is enacted is based) shall not be
reduced, solely by reason of the amendments made by this
section, below the amount of such benefit for the month in
which this Act is enacted.
HR 5308 IH----2 | Social Security Payment Equity Act of 1994 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) to set limits on payment of OASDI benefits during any year, based on the work record of an individual with higher levels of income for such year, if total payments of such benefits have exceeded prior contributions plus interest. Specifies schedules of benefit reductions from ten percent to 100 percent for single and for married individuals.
Requires the Commissioner of Social Security to provide annual social security account statements to eligible individuals with respect to such benefit limitations.
Adjusts the gradual increase in retirement age from 65 to 68 so as to commence with calendar year 1996 and reach age 68 for those who would attain age 65 in or after calendar year 2031. | {"src": "billsum_train", "title": "Social Security Payment Equity Act of 1994"} | 4,009 | 172 | 0.43472 | 1.182932 | 0.606214 | 2.210884 | 26.44898 | 0.85034 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Preservation Act of
1997''.
SEC. 2. INVESTMENT OF THE FEDERAL OLD-AGE AND SURVIVORS INSURANCE TRUST
FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND.
(a) In General.--Section 201(d) of the Social Security Act (42
U.S.C. 401(d)) is amended--
(1) by inserting ``(1)'' after ``(d)'';
(2) by striking ``Such investments may be made only'' and
inserting the following: ``Except as provided in paragraph (2),
such investments may be made only'';
(3) by striking the last sentence; and
(4) by adding at the end the following new paragraph:
``(2)(A) The Managing Trustee shall determine the annual surplus
(as defined in subparagraph (B)) for each of the Trust Funds as of the
end of each fiscal year. The Managing Trustee shall ensure that such
annual surplus is invested, throughout the next following fiscal year,
in--
``(i) marketable interest-bearing obligations of the United
States or obligations guaranteed as to both principal and
interest by the United States, purchased on original issue or
at the market price, or
``(ii) certificates of deposit in insured depository
institutions (as defined in section 3(c)(2) of the Federal
Deposit Insurance Act).
``(B) For purposes of this paragraph, the `annual surplus' for
either of the Trust Funds as of the end of a fiscal year is the excess
(if any) of--
``(i) the sum of--
``(I) in the case of the Federal Old-Age and
Survivors Insurance Trust Fund, the amounts
appropriated to such Trust Fund under clauses (3) and
(4) of subsection (a) for the fiscal year,
``(II) in the case of the Federal Disability
Insurance Trust Fund, the amounts appropriated to such
Trust Fund under clauses (1) and (2) of subsection (b)
for the fiscal year, and
``(III) in either case, the amount appropriated to
such Trust Fund under section 121(e) of the Social
Security Amendments of 1983 for the fiscal year, and
any amounts otherwise credited to or deposited in such
Trust Fund under this title for the fiscal year, over
``(ii) the amounts paid or transferred from such Trust Fund
during the fiscal year.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to annual surpluses as of the end of fiscal years
beginning on or after October 1, 2002.
SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS FROM THE PUBLIC
DEBT LIMIT.
(a) Protection of Trust Funds.--Notwithstanding any other provision
of law--
(1) no officer or employee of the United States may--
(A) delay the deposit of any amount into (or delay
the credit of any amount to) the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund or otherwise vary from
the normal terms, procedures, or timing for making such
deposits or credits, or
(B) refrain from the investment in public debt
obligations of amounts in either of such Trust Funds,
if a purpose of such action or inaction is to not increase the
amount of outstanding public debt obligations, and
(2) no officer or employee of the United States may
disinvest amounts in either of such Trust Funds which are
invested in public debt obligations if a purpose of the
disinvestment is to reduce the amount of outstanding public
debt obligations.
(b) Protection of Benefits and Expenditures for Administrative
Expenses.--
(1) In general.--Notwithstanding subsection (a), during any
period for which cash benefits or administrative expenses would
not otherwise be payable from the Federal Old-Age and Survivors
Insurance Trust Fund or the Federal Disability Insurance Trust
Fund by reason of an inability to issue further public debt
obligations because of the applicable public debt limit, public
debt obligations held by such Trust Fund shall be sold or
redeemed only for the purpose of making payment of such
benefits or administrative expenses and only to the extent cash
assets of such Trust Fund are not available from month to month
for making payment of such benefits or administrative expenses.
(2) Issuance of corresponding debt.--For purposes of
undertaking the sale or redemption of public debt obligations
held by the Federal Old-Age and Survivors Insurance Trust Fund
or the Federal Disability Insurance Trust Fund pursuant to
paragraph (1), the Secretary of the Treasury may issue
corresponding public debt obligations to the public, in order
to obtain the cash necessary for payment of benefits or
administrative expenses from such Trust Fund, notwithstanding
the public debt limit.
(3) Advance notice of sale or redemption.--Not less than 3
days prior to the date on which, by reason of the public debt
limit, the Secretary of the Treasury expects to undertake a
sale or redemption authorized under paragraph (1), the
Secretary of the Treasury shall report to each House of the
Congress and to the Comptroller General of the United States
regarding the expected sale or redemption. Upon receipt of such
report, the Comptroller General shall review the extent of
compliance with subsection (a) and paragraphs (1) and (2) of
this subsection and shall issue such findings and
recommendations to each House of the Congress as the
Comptroller General considers necessary and appropriate.
(c) Public Debt Obligation.--For purposes of this section, the term
``public debt obligation'' means any obligation subject to the public
debt limit established under section 3101 of title 31, United States
Code. | Social Security Preservation Act of 1997 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds.
Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes, if a purpose of such action or inaction is to not increase, or to reduce, the amount of outstanding public debt obligation.
Declares that, during any period for which cash benefits or administrative expenses would not otherwise be payable from either Trust Fund by reason of an inability to issue further public debt obligations because the public debt limit has been reached, public debt obligations held by such Trust Fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses, and only to the extent Trust Fund cash assets are not available from month to month to pay such benefits or expenses.
Authorizes the Secretary of the Treasury, in order to sell or redeem public debt obligations held by either Trust Fund, to issue corresponding public debt obligations in order to obtain the cash necessary to pay benefits or administrative expenses from such Trust Fund, notwithstanding the public debt limit. | {"src": "billsum_train", "title": "Social Security Preservation Act of 1997"} | 1,252 | 360 | 0.64436 | 1.8537 | 0.804971 | 4.538462 | 3.630769 | 0.932308 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Oglala Sioux Tribe Angostura
Irrigation Project Modernization and Development Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) Congress approved the Pick-Sloan Missouri River basin
program by passing the Act of December 22, 1944 (commonly known
as the ``Flood Control Act of 1944'') (33 U.S.C. 701-1 et
seq.)--
(A) to promote the economic development of the
United States;
(B) to provide for irrigation in regions north of
Sioux City, Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(2) the Angostura Unit--
(A) is a component of the Pick-Sloan program; and
(B) provides for--
(i) irrigation of 12,218 acres of
productive farm land in South Dakota; and
(ii) substantial recreation and fish and
wildlife benefits;
(3) the Commissioner of Reclamation has determined that--
(A) the national economic development benefits from
irrigation at the Angostura Unit total approximately
$3,410,000 annually; and
(B) the national economic development benefits of
recreation at Angostura Reservoir total approximately
$7,100,000 annually;
(4) the Angostura Unit impounds the Cheyenne River 20 miles
upstream of the Pine Ridge Indian Reservation in South Dakota;
(5)(A) the Reservation experiences extremely high rates of
unemployment and poverty; and
(B) there is a need for economic development on the
Reservation;
(6) the national economic development benefits of the
Angostura Unit do not extend to the Reservation;
(7) the Angostura Unit may be associated with negative
affects on water quality and riparian vegetation in the
Cheyenne River on the Reservation;
(8) modernization of the irrigation facilities at the
Angostura Unit would--
(A) enhance the national economic development
benefits of the Angostura Unit; and
(B) result in improved water efficiency and
environmental restoration benefits on the Reservation;
and
(9) the establishment of a trust fund for the Oglala Sioux
Tribe would--
(A) produce economic development benefits for the
Reservation comparable to the benefits produced at the
Angostura Unit; and
(B) provide resources that are necessary for
restoration of the Cheyenne River corridor on the
Reservation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Angostura unit.--The term ``Angostura Unit'' means the
irrigation unit of the Angostura irrigation project developed
under the Act of August 11, 1939 (16 U.S.C. 590y et seq.).
(2) Fund.--The term ``Fund'' means the Oglala Sioux Tribal
Development Trust Fund established by section 201(a).
(3) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River basin program approved
under the Act of December 22, 1944 (commonly known as the
``Flood Control Act of 1944'') (33 U.S.C. 701-1 et seq.).
(4) Plan.--The term ``plan'' means the development plan
developed by the Tribe under section 201(f).
(5) Reservation.--The term ``Reservation'' means the Pine
Ridge Indian Reservation in the State.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(7) Tribe.--The term ``Tribe'' means the Oglala Sioux Tribe
of South Dakota.
(8) Tribal council.--The term ``Tribal Council'' means the
governing body of the Tribe.
TITLE I--MODERNIZATION
SEC. 101. MODERNIZATION OF FACILITIES AT ANGOSTURA UNIT.
(a) In General.--The Secretary shall carry out the modernization
and improvement of the facilities at the Angostura Unit as described in
the Improved Efficiencies Alternative included in the report entitled
``Final Environmental Impact Statement, Angostura Unit Contract
Negotiation and Water Management (August 2002)''.
(b) Nonreimbursability.--The cost of the modernization and
improvement of the facilities at the Angostura Unit shall be carried
out on a nonreimbursable basis.
SEC. 102. DELIVERY OF WATER TO PINE RIDGE INDIAN RESERVATION.
The Secretary shall provide for the delivery of the water saved
through the modernization and improvement of the facilities of the
Angostura Unit to be used for fish and wildlife purposes and
environmental restoration on the Reservation.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out section 101
$4,660,000, to remain available until expended.
TITLE II--DEVELOPMENT
SEC. 201. OGLALA SIOUX TRIBAL DEVELOPMENT TRUST FUND.
(a) Oglala Sioux Tribal Development Trust Fund.--There is
established in the Treasury of the United States a fund to be known as
the ``Oglala Sioux Tribal Development Trust Fund'', consisting of any
amounts deposited in the Fund under this title.
(b) Funding.--On the first day of the 11th fiscal year that begins
after the date of enactment of this Act, the Secretary of the Treasury
shall, from the General Fund of the Treasury, deposit in the Fund--
(1) $92,500,000; and
(2) the amount that equals the amount of interest that
would have accrued on the amount described in paragraph (1) if
that amount had been invested in interest-bearing obligations
of the United States on the first day of the first fiscal year
that begins after the date of enactment of this Act and
compounded annually thereafter.
(c) Investment of Trust Fund.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Fund.
(3) Interest.--The Secretary of the Treasury shall deposit
interest resulting from such investments into the Fund.
(d) Payment of Interest to Tribe.--
(1) Withdrawal of interest.--Beginning on the first day of
the 11th fiscal year after the date of enactment of this Act
and, on the first day of each fiscal year thereafter, the
Secretary of the Treasury shall transfer the aggregate amount
of interest deposited into the Fund for the fiscal year to the
Secretary for use in accordance with paragraph (3).
(2) Availability.--Each amount transferred under paragraph
(1) shall be available without fiscal year limitation.
(3) Payments to tribe.--
(A) In general.--The Secretary shall use the
amounts transferred under paragraph (1) only for the
purpose of making payments to the Tribe, as such
payments are requested by the Tribe pursuant to tribal
resolution.
(B) Limitation.--Payments may be made by the
Secretary of the Interior under subparagraph (A) only
after the Tribe has adopted a plan under subsection
(f).
(C) Use of payments by tribe.--The Tribe shall use
the payments made under subparagraph (B) only for
carrying out projects and programs under the plan
prepared under subsection (f).
(e) Limitation on Transfers and Withdrawals.--Except as provided in
subsections (c) and (d)(1), the Secretary of the Treasury shall not
transfer or withdraw any amount deposited under subsection (b).
(f) Development Plan.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the governing body of the Tribe shall
prepare a plan for the use of the payments to the Tribe under
subsection (d).
(2) Contents.--The plan shall provide for the manner in
which the Tribe shall expend payments to the Tribe under
subsection (d) to promote--
(A) economic development;
(B) infrastructure development;
(C) the educational, health, recreational, and
social welfare objectives of the Tribe and members of
the Tribe; or
(D) any combination of the activities described in
subparagraphs (A) through (C).
(3) Plan review and revision.--
(A) In general.--The Tribal Council shall make
available for review and comment by the members of the
Tribe a copy of the plan before the plan becomes final,
in accordance with procedures established by the Tribal
Council.
(B) Updating of plan.--
(i) In general.--The Tribal Council may, on
an annual basis, revise the plan to update the
plan.
(ii) Review and comment.--In revising the
plan, the Tribal Council shall provide the
members of the Tribe opportunity to review and
comment on any proposed revision to the plan.
(C) Consultation.--In preparing the plan and any
revisions to update the plan, the Tribal Council shall
consult with the Secretary and the Secretary of Health
and Human Services.
(4) Audit.--
(A) In general.--The activities of the Tribe in
carrying out the plan shall be audited as part of the
annual single-agency audit that the Tribe is required
to prepare pursuant to the Office of Management and
Budget circular numbered A-133.
(B) Determination by auditors.--The auditors that
conduct the audit under subparagraph (A) shall--
(i) determine whether funds received by the
Tribe under this section for the period covered
by the audit were expended to carry out the
plan in a manner consistent with this section;
and
(ii) include in the written findings of the
audit the determination made under clause (i).
(C) Inclusion of findings with publication of
proceedings of tribal council.--A copy of the written
findings of the audit described in subparagraph (A)
shall be inserted in the published minutes of the
Tribal Council proceedings for the session at which the
audit is presented to the Tribal Council.
(g) Prohibition of Per Capita Payments.--No portion of any payment
made under this title may be distributed to any member of the Tribe on
a per capita basis.
SEC. 202. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND SERVICES.
No payment made to the Tribe under this title shall result in the
reduction or denial of any service or program with respect to which,
under Federal law--
(1) the Tribe is otherwise entitled because of the status
of the Tribe as a federally recognized Indian tribe; or
(2) any individual who is a member of the Tribe is entitled
because of the status of the individual as a member of the
Tribe.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to pay the administrative expenses of the Fund.
SEC. 204. WATER RIGHTS.
Nothing in this Act--
(1)(A) affects any rights, benefits, privileges or claims
(including water rights or claims to water rights) of the
Tribe, whether located within or without the external
boundaries of the Reservation, based on treaty, Executive
order, agreement, Act of Congress, aboriginal title, the
Winters doctrine (Winters v. United States, 207 U.S. 564
(1908)), or otherwise; or
(B) validates or invalidates any assertion of the
existence, nonexistence or extinguishment of any water rights,
or claims to water rights, held by the Tribe or any other
Indian tribe or individual Indian under Federal or State law;
or
(2) affects any other water rights in existence on the date
of enactment of this Act held by any person or entity.
Passed the Senate November 19, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act - Title I: Modernization - Requires the Secretary of the Interior to: (1) carry out the modernization and improvement of irrigation facilities at the Angostura Unit as described in a specified report; and (2) provide for the delivery of water saved through such modernization and improvement for fish and wildlife purposes and environmental restoration on the Pine Ridge Indian Reservation, South Dakota.
Title II: Development - (Sec. 201) Establishes the Oglala Sioux Tribal Development Trust Fund in the Treasury. Requires the Secretary of the Treasury to make specified deposits into the Fund and payments from it to the Tribe beginning in the 11th fiscal year after enactment of this Act.
Requires the governing body of the Tribe to prepare a development plan that provides for the manner in which the Tribe shall expend such payments to promote: (1) economic development; (2) infrastructure development; (3) the educational, health, recreational, and social welfare objectives of the Tribe and its members; or (4) any combination of these activities.
Requires the Tribal Council to make a copy of the plan available for review and comment by members of the Tribe before it becomes final.
Authorizes the Tribal Council to revise and update the plan on an annual basis, subject to review and comment procedures.
States that activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to a specified Office of Management and Budget circular.
Requires a copy of the audit findings to be inserted into the Tribal Council's published minutes of proceedings.
Prohibits distribution of any portion of any payment to the Tribe to any member on a per capita basis.
(Sec. 202) States that no payment made to the Tribe shall result in the reduction or denial of any service or program under Federal law with respect to which: (1) the Tribe is otherwise entitled because of its status as a federally recognized Indian tribe; or (2) any individual is entitled because of his or her status as a member of the Tribe.
(Sec. 204) States that nothing in this Act: (1) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located on or off the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine, or otherwise; (2) validates or invalidates any assertion of the existence, nonexistence, or extinguishment of any water rights or claims to such rights held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (3) affects any other water rights in existence on the date of enactment of this Act. | {"src": "billsum_train", "title": "A bill to enhance and provide to the Oglala Sioux Tribe and Angostura Irrigation Project certain benefits of the Pick-Sloan Missouri River basin program."} | 2,737 | 631 | 0.571528 | 1.966008 | 0.670265 | 4.657559 | 4.309654 | 0.956284 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Children's Health Insurance for
Long-Term Development Act of 1996''.
SEC. 2. PURPOSE.
The purpose of this act is to provide health insurance coverage for
children during the Infant Neurological Risk Exposure Period (INREP).
The INREP extends through age 3 and encompasses the period of most
rapid neurological changes in young children. Health coverage will
improve children's health and, through routine health supervision,
promote parents' caregiving skills through these critical years.
SEC. 3. FINDINGS.
Congress finds that--
(1) 86 percent of children with private health insurance
are under-insured with respect to well-child care;
(2) because the human brain develops rapidly until the age
of 3, children need regular screenings and follow-up care to
detect neurological abnormalities and ensure normal
development;
(3) regular pediatric visits enable physicians to provide
guidance on parental activities, such as reading, that
stimulate the brain development of infants; and
(4) children deserve health care coverage that promotes
normal brain and nervous system development.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) Beneficiary.--The term ``beneficiary'' has the meaning
given such term under section 3(8) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(8)).
(2) Child.--The term ``child'' means an individual who is
age 3 or younger.
(3) Employee health benefit plan.--
(A) In general.--The term ``employee health benefit
plan'' means any employee welfare benefit plan,
governmental plan, or church plan (as defined under paragraphs (1),
(32), and (33) of section 3 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays
for health benefits (such as provider and hospital benefits) for
participants and beneficiaries whether--
(i) directly;
(ii) through a health plan offered by a
health plan issuer as defined in paragraph (6);
or
(iii) otherwise.
(B) Rule of construction.--An employee health
benefit plan shall not be construed to be a health plan
or a health plan issuer.
(C) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act (42 U.S.C. 1395ss(g)(1))).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care, or any combination
thereof.
(4) Group purchaser.--The term ``group purchaser'' means
any person (as defined in section 3(9) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or
entity that purchases or pays for health benefits (such as
provider or hospital benefits) on behalf of participants or
beneficiaries in connection with an employee health benefit
plan.
(5) Health plan.--
(A) In general.--The term ``health plan'' means any
group health plan or individual health plan.
(B) Group health plan.--The term ``group health
plan'' means any contract, policy, certificate, or
other arrangement offered by a health plan issuer to a
group purchaser that provides or pays for health
benefits (such as provider and hospital benefits) in
connection with an employee health benefit plan.
(C) Individual health plan.--The term ``individual
health plan'' means any contract, policy, certificate,
or other arrangement offered by a health plan issuer to
individuals that provides or pays for health benefits
(such as provider and hospital benefits) and that is
not a group health plan.
(D) Arrangements not included.--Such term does not
include the following, or any combination thereof:
(i) Coverage only for accident, or
disability income insurance, or any combination
thereof.
(ii) Medicare supplemental health insurance
(as defined under section 1882(g)(1) of the
Social Security Act).
(iii) Coverage issued as a supplement to
liability insurance.
(iv) Liability insurance, including general
liability insurance and automobile liability
insurance.
(v) Workers' compensation or similar
insurance.
(vi) Automobile medical payment insurance.
(vii) Coverage for a specified disease or
illness.
(viii) Hospital or fixed indemnity
insurance.
(ix) Short-term limited duration insurance.
(x) Credit-only, dental-only, or vision-
only insurance.
(xi) A health insurance policy providing
benefits only for long-term care, nursing home
care, home health care, community-based care,
or any combination thereof.
(E) Certain plans included.--Such term includes any
plan or arrangement not described in any clause of
subparagraph (D) that provides for benefit payments, on
a periodic basis, for--
(i) a specified disease or illness; or
(ii) a period of hospitalization;
without regard to the costs incurred or services
rendered during the period to which the payments
relate.
(6) Health plan issuer.--The term ``health plan issuer''
means any entity that is licensed (prior to or after the date
of enactment of this Act) by a State to offer a health plan.
(7) Participant.--The term ``participant'' has the meaning
given such term under section 3(7) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002(7)).
(8) Secretary.--The term ``Secretary'' unless otherwise
specified means the Secretary of Labor.
SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR CHILDREN.
(a) In General.--Except as provided in subsection (b), a health
plan or an employee health benefit plan shall ensure that coverage is
provided with respect to a child who is a beneficiary under such plan
for all medically necessary health care and related services,
including--
(1) appropriate screening services at intervals that meet
reasonable standards of medical and dental practice;
(2) all appropriate immunizations;
(3) necessary case management, transportation, and
scheduling assistance; and
(4) such other necessary health care, diagnostic services,
treatment, and other measures to correct or ameliorate defects
and physical and mental illnesses and conditions discovered by
the screening services, whether or not such services are
covered for participants or policyholders under the plan.
(b) Exception.--Notwithstanding subsection (a), a health plan or an
employee health benefit plan shall not be required to provide coverage
for health care and related services that are not safe, are not
effective, or are experimental.
SEC. 6. PROHIBITIONS.
In implementing the requirements of this Act, a health plan or an
employee health benefit plan may not use a service limitation,
including a lifetime benefit limit, of the plan to deny medically
necessary health care and related services described in section 4 to a
child.
SEC. 7. NOTICE.
(a) Employee Health Benefit Plan.--An employee health benefit plan
shall provide conspicuous notice to each participant regarding coverage
required under this Act not later than 120 days after the date of
enactment of this Act, and as part of its summary plan description.
(b) Health Plan.--A health plan shall provide notice to each
policyholder regarding coverage required under this Act. Such notice
shall be in writing, prominently positioned, and be transmitted--
(1) in a mailing made within 120 days after the date of
enactment of this Act by such plan to the policyholder; and
(2) as part of the annual informational packet sent to the
policyholder.
SEC. 8. APPLICABILITY.
(a) Construction.--
(1) In general.--A requirement or standard imposed under
this Act on a health plan shall be deemed to be a requirement
or standard imposed on the health plan issuer. Such
requirements or standards shall be enforced by the State
insurance commissioner for the State involved or the official
or officials designated by the State to enforce the
requirements of this Act. In the case of a health plan offered
by a health plan issuer in connection with an employee health
benefit plan, the requirements or standards imposed under this
Act shall be enforced with respect to the health plan issuer by
the State insurance commissioner for the State involved or the
official or officials designated by the State to enforce the
requirements of this Act.
(2) Limitation.--Except as provided in section 8(c), the
Secretary shall not enforce the requirements or standards of
this Act as they relate to health plan issuers or health plans.
In no case shall a State enforce the requirements or standards
of this Act as they relate to employee health benefit plans.
(b) Rule of Construction.--Nothing in this Act shall be construed
to affect or modify the provisions of section 514 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1144).
SEC. 9. ENFORCEMENT.
(a) Health Plan Issuers.--Each State shall require that each health
plan issued, sold, renewed, offered for sale or operated in such State
by a health plan issuer meet the standards established under this Act.
A State shall submit such information as required by the Secretary
demonstrating effective implementation of the requirements of this Act.
(b) Employee Health Benefit Plans.--With respect to employee health
benefit plans, the standards established under this Act shall be
enforced in the same manner as provided for under sections 502, 504,
506, and 510 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140). The civil penalties contained in
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)
(1) and (2)) shall apply to any information required by the Secretary
to be disclosed and reported under this section.
(c) Failure To Enforce.--In the case of the failure of a State to
substantially enforce the standards and requirements set forth in this
Act with respect to health plans, the Secretary, in consultation with
the Secretary of Health and Human Services, shall enforce the standards
of this Act in such State. In the case of a State that fails to
substantially enforce the standards set forth in this Act, each health
plan issuer operating in such State shall be subject to civil
enforcement as provided for under sections 502, 504, 506, and 510 of
the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132,
1134, 1136, and 1140). The civil penalties contained in paragraphs (1)
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2))
shall apply to any information required by the Secretary to be
disclosed and reported under this section.
(d) Regulations.--The Secretary, in consultation with the Secretary
of Health and Human Services, may promulgate such regulations as may be
necessary or appropriate to carry out this Act.
SEC. 10. PREEMPTION.
(a) In General.--The provisions of sections 4, 5, and 6 shall not
preempt a State law or regulation--
(1) that provides greater protections to patients or
policyholders than those required in this Act; or
(2) that requires health plans to provide coverage for
pediatric care in accordance with guidelines established by the
American Academy of Pediatrics or other established
professional medical associations.
(b) Employee Health Benefit Plans.--Nothing in this section affects
the application of this Act to employee health benefit plans, as
defined in section 2(3).
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided for in this Act, the provisions of
this Act shall apply as follows:
(1) With respect to health plans, such provisions shall
apply to such plans on the first day of the contract year
beginning on or after June 1, 1997.
(2) With respect to employee health benefit plans, such
provisions shall apply to such plans on the first day of the
first plan year beginning on or after June 1, 1997. | Children's Health Insurance for Long-Term Development Act of 1996 - Requires health plans and employee health benefit plans to ensure coverage of all medically necessary health care and related services for children during the Infant Neurological Risk Exposure Period (INREP), which extends through age three and encompasses the period of most rapid neurological changes in young children. Prohibits health plans from using a service limitation, including a lifetime benefit limit, to deny medically necessary health care and related services to a child.
Sets forth enforcement provisions. | {"src": "billsum_train", "title": "Children's Health Insurance for Long-Term Development Act of 1996"} | 2,786 | 119 | 0.522917 | 1.445731 | 0.619828 | 4.919192 | 26.535354 | 0.939394 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maintaining dignity and Eliminating
unnecessary Restrictive Confinement of Youths Act of 2017'' or the
``MERCY Act''.
SEC. 2. JUVENILE SOLITARY CONFINEMENT.
(a) In General.--Chapter 403 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 5043. Juvenile solitary confinement
``(a) Definitions.--In this section--
``(1) the term `covered juvenile' means--
``(A) a juvenile who--
``(i) is being proceeded against under this
chapter for an alleged act of juvenile
delinquency; or
``(ii) has been adjudicated delinquent
under this chapter; or
``(B) a juvenile who is being proceeded against as
an adult in a district court of the United States for
an alleged criminal offense;
``(2) the term `juvenile facility' means any facility where
covered juveniles are--
``(A) committed pursuant to an adjudication of
delinquency under this chapter; or
``(B) detained prior to disposition or conviction;
and
``(3) the term `room confinement' means the involuntary
placement of a covered juvenile alone in a cell, room, or other
area for any reason.
``(b) Prohibition on Room Confinement in Juvenile Facilities.--
``(1) In general.--The use of room confinement at a
juvenile facility for discipline, punishment, retaliation, or
any reason other than as a temporary response to a covered
juvenile's behavior that poses a serious and immediate risk of
physical harm to any individual, including the covered
juvenile, is prohibited.
``(2) Juveniles posing risk of harm.--
``(A) Requirement to use least restrictive
techniques.--
``(i) In general.--Before a staff member of
a juvenile facility places a covered juvenile
in room confinement, the staff member shall
attempt to use less restrictive techniques,
including--
``(I) talking with the covered
juvenile in an attempt to de-escalate
the situation; and
``(II) permitting a qualified
mental health professional, or a staff
member who has received training in de-
escalation techniques and trauma-
informed care, to talk to the covered
juvenile.
``(ii) Explanation.--If, after attempting
to use less restrictive techniques as required
under clause (i), a staff member of a juvenile
facility decides to place a covered juvenile in
room confinement, the staff member shall
first--
``(I) explain to the covered
juvenile the reasons for the room
confinement; and
``(II) inform the covered juvenile
that release from room confinement will
occur--
``(aa) immediately when the
covered juvenile regains self-
control, as described in
subparagraph (B)(i); or
``(bb) not later than after
the expiration of the time
period described in subclause
(I) or (II) of subparagraph
(B)(ii), as applicable.
``(B) Maximum period of confinement.--If a covered
juvenile is placed in room confinement because the
covered juvenile poses a serious and immediate risk of
physical harm to himself or herself, or to others, the
covered juvenile shall be released--
``(i) immediately when the covered juvenile
has sufficiently gained control so as to no
longer engage in behavior that threatens
serious and immediate risk of physical harm to
himself or herself, or to others; or
``(ii) if a covered juvenile does not
sufficiently gain control as described in
clause (i), not later than--
``(I) 3 hours after being placed in
room confinement, in the case of a
covered juvenile who poses a serious
and immediate risk of physical harm to
others; or
``(II) 30 minutes after being
placed in room confinement, in the case
of a covered juvenile who poses a
serious and immediate risk of physical
harm only to himself or herself.
``(C) Risk of harm after maximum period of
confinement.--If, after the applicable maximum period
of confinement under subclause (I) or (II) of
subparagraph (B)(ii) has expired, a covered juvenile
continues to pose a serious and immediate risk of
physical harm described in that subclause--
``(i) the covered juvenile shall be
transferred immediately to another juvenile
facility or internal location where services
can be provided to the covered juvenile without
relying on room confinement; or
``(ii) if a qualified mental health
professional believes the level of crisis
service needed is not currently available, a
staff member of the juvenile facility shall
immediately transport the juvenile to--
``(I) an emergency medical
facility; or
``(II) an equivalent location that
can meet the needs of the covered
juvenile.
``(D) Action before expiration of time limit.--
Nothing in subparagraph (C) shall be construed to
prohibit an action described in clause (i) or (ii) of
that subparagraph from being taken before the
applicable maximum period of confinement under
subclause (I) or (II) of subparagraph (B)(ii) has
expired.
``(E) Conditions.--A room used for room confinement
for a juvenile shall--
``(i) have not less than 80 square feet of
floor space;
``(ii) have adequate lighting, heating or
cooling (as applicable), and ventilation for
the comfort of the juvenile;
``(iii) be suicide-resistant and
protrusion-free; and
``(iv) have access to clean potable water,
toilet facilities, and hygiene supplies.
``(F) Notice.--
``(i) Use of room confinement.--Not later
than 1 business day after the date on which a
juvenile facility places a covered juvenile in
room confinement, the juvenile facility shall
provide notice to the attorney of record for
the juvenile.
``(ii) Transfer.--Not later than 24 hours
after a covered juvenile is transferred from a
juvenile facility to another location, the
juvenile facility shall provide notice to--
``(I) the attorney of record for
the juvenile; and
``(II) an authorized parent or
guardian of the juvenile.
``(G) Spirit and purpose.--The use of consecutive
periods of room confinement to evade the spirit and
purpose of this subsection shall be prohibited.
``(c) Study and Report.--Not later than 2 years after the date of
enactment of this section, and each year thereafter, the Attorney
General shall submit to Congress a report that--
``(1) contains a detailed description of the type of
physical force, restraints, and room confinement used at
juvenile facilities;
``(2) describes the number of instances in which physical
force, restraints, or room confinement are used at juvenile
facilities, disaggregated by race, ethnicity, and gender; and
``(3) contains a detailed description of steps taken, in
each instance in which room confinement is used at a juvenile
facility, to address and remedy the underlying issue that led
to behavioral intervention resulting in the use of room
confinement, including any positive or negative outcomes.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 403 of title 18, United States Code, is amended by adding at
the end the following:
``5043. Juvenile solitary confinement.''. | Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017 or the MERCY Act This bill amends the federal criminal code to prohibit juvenile solitary confinement, except as a temporary response to behavior that poses a serious and immediate risk of harm. | {"src": "billsum_train", "title": "Maintaining dignity and Eliminating unnecessary Restrictive Confinement of Youths Act of 2017"} | 1,733 | 63 | 0.51995 | 1.222492 | 1.147697 | 4.608696 | 34.021739 | 0.913043 |
SECTION 1. CERTAIN IMAGING COLORANTS.
(a) In General.--Subchapter II of chapter 99 of the Harmonized
Tariff Schedule of the United States is amended by inserting in
numerical sequence the following new headings:
`` 9902.01.00 Aryl substituted Free No change No change On or before 12/ ...
pyrazonyl 31/2011.......
[[[substituted
phenyl
azo]substituted
naphthenyl] Azo
phenyl]azo,
sodium salt (PMN
No. P03-78)
(provided for in
subheading
3215.11.00)......
9902.01.00 Substituted Free No change No change On or before 12/ ...
naphthalene 31/2011.......
[[substituted
pyridinyl azo]
alkoxyphenyl
azo]azo,
potassium/sodium
salt (PMN No. P04-
390) (provided
for in subheading
3215.11.00)......
9902.01.00 Copper Free No change No change On or before 12/ ...
phthalocyanine 31/2011.......
substituted with
sulphonic acids
and alkyl
sulphonoamides,
sodium/ammonium
salts (PMN No.
P02-893)
(provided for in
subheading
3215.19.00)......
9902.01.00 Copper Free No change No change On or before 12/ ...
phthalocyanine 31/2011.......
substituted with
sulphonic acids
and
sulphonoamides,
sodium salts (CAS
No. 90295-11-7)
(provided for in
subheading
3215.19.00)......
9902.01.00 Copper Free No change No change On or before 12/ ...
phthalocyanine 31/2011.......
substituted with
sulphonic acids
and alkyl
sulphonoamides,
sodium salt (CAS
No.) (provided
for in subheading
3215.19.00)......
9902.01.00 [[Substituted Free No change No change On or before 12/ ...
naphthalenylazol] 31/2011.......
alkoxyl phenyl
azo]
carboxyphenylene,
lithium salt (PMN
No. P-00-351)
(provided for in
subheading
3215.11.00)......
9902.01.00 Copper Free No change No change On or before 12/ ...
phthalocyanine 31/2011.......
substituted with
sulphonic acids
and
sulphonoamides,
sodium salts (CAS
No. 90295-11-7)
(provided for in
subheading
3215.19.00)......
9902.01.00 Substituted Free No change No change On or before 12/ ...
napthtylene 31/2011.......
[[aminoalkyl
triazinediyl]bis
substituted
phenylene
azo]bis, sodium
salt (CAS No.
50925-42-3)
(provided for in
subheading
3215.19.00)......
9902.01.00 [(Substituted Free No change No change On or before 12/ ...
naphthalenylazo) 31/2011.......
substituted
naphthalenyl azo]
carboxyphenylene,
sodium salt (PMN
No. P-90-394)
(provided for in
subheading
3215.11.00)......
9902.01.00 [[Chloro[[[substit Free No change No change On or before 12/ ...
uted 31/2011.......
naphthylzao]subst
ituted
naphthalene]
Amino] triazinyl]
amino] benzoic
acid, sodium/
lithium salts
(PMN No. P-83-
386) (provided
for in subheading
3215.19.00)......
9902.01.00 Aryl [Substituted Free No change No change On or before 12/ ''.
phenylazo] 31/2011.......
pyridine, sodium/
lithium salt (PMN
No. P-02-234)
(provided for in
subheading
3215.19.00)......
(b) Effective Date.--The amendment made by subsection (a) applies
to articles entered, or withdrawn from warehouse for consumption, on or
after the 15th day after the date of the enactment of this Act. | Amends the Harmonized Tariff Schedule of the United States to suspend temporarily the duty on certain imaging colorants. | {"src": "billsum_train", "title": "A bill to suspend temporarily the duty on certain imaging colorants."} | 1,006 | 25 | 0.363659 | 1.030133 | -0.284512 | 3.105263 | 38.947368 | 0.789474 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Look, Listen, and Live Stamp Act''.
SEC. 2. SPECIAL POSTAGE STAMPS TO BENEFIT HIGHWAY-RAIL GRADE CROSSING
SAFETY.
(a) In General.--Chapter 4 of title 39, United States Code, is
amended by inserting after section 414 the following:
``Sec. 414a. Special postage stamps for highway-rail grade crossing
safety
``(a) In order to afford the public a convenient way to contribute
to funding for highway-rail grade crossing safety, the Postal Service
shall establish a special rate of postage for first-class mail under
this section.
``(b) The rate of postage established under this section--
``(1) shall be equal to the regular first-class rate of
postage, plus a differential of not to exceed 25 percent;
``(2) shall be set by the Governors in accordance with such
procedures as the Governors shall by regulation prescribe (in
lieu of the procedures under chapter 36); and
``(3) shall be offered as an alternative to the regular
first-class rate of postage.
``(c) The use of the special rate of postage established under this
section shall be voluntary on the part of postal patrons.
``(d)(1) Amounts becoming available for highway-rail grade crossing
safety under this section shall be paid by the Postal Service to the
Department of Transportation for Operation Lifesaver. Payments under
this section shall be made under such arrangements as the Postal
Service shall by mutual agreement with the Department of Transportation
establish in order to carry out the purposes of this section, except
that, under those arrangements, payments to the Department of
Transportation shall be made at least twice a year.
``(2) For purposes of this section, the term `amounts becoming
available for highway-rail grade crossing safety under this section'
means--
``(A) the total amounts received by the Postal Service that
the Postal Service would not have received but for the
enactment of this section, reduced by
``(B) an amount sufficient to cover reasonable costs
incurred by the Postal Service in carrying out this section,
including those attributable to the printing, sale, and
distribution of stamps under this section,
as determined by the Postal Service under regulations that it shall
prescribe.
``(e) It is the sense of Congress that nothing in this section
should--
``(1) directly or indirectly cause a net decrease in total
funds received by the Department of Transportation for
Operation Lifesaver below the level that would otherwise have
been received but for the enactment of this section; or
``(2) affect regular first-class rates of postage or any
other regular rates of postage.
``(f) Special postage stamps under this section shall be made
available to the public beginning on such date as the Postal Service
shall by regulation prescribe, but in no event later than 12 months
after the date of the enactment of this section.
``(g) The Postmaster General shall include in each report rendered
under section 2402 with respect to any period during any portion of
which this section is in effect information, concerning the operation
of this section, except that, at a minimum, each report shall include--
``(1) the total amount described in subsection (d)(2)(A)
which was received by the Postal Service during the period
covered by such report; and
``(2) of the amount under paragraph (1), how much (in the
aggregate and by category) was required for the purposes
described in subsection (d)(2)(B).
``(h) This section shall cease to be effective at the end of the 2-
year period beginning on the date on which special postage stamps under
this section are first made available to the public.''.
(b) Report by the Comptroller General of the United States.--Not
later than 3 months (but not earlier than 6 months) before the end of
the 2-year period referred to in section 414a(h) of title 39, United
States Code (as amended by subsection (a)), the Comptroller General of
the United States shall submit to Congress a report on the operation of
such section. Such report shall include--
(1) an evaluation of the effectiveness and the
appropriateness of the authority provided by such section as a
means of fundraising; and
(2) a description of the monetary and other resources
required of the Postal Service in carrying out such section.
(c) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 4
of title 39, United States Code, is amended by striking the
item relating to section 414 and inserting the following:
``414. Special postage stamps for breast cancer research.
``414a. Special postage stamps for highway-rail grade crossing
safety.''.
(2) Section heading.--The heading for section 414 of title
39, United States Code, is amended to read as follows:
``Sec. 414. Special postage stamps for breast cancer research''. | Declares the sense of Congress that nothing in this Act should: (1) directly or indirectly cause a net decrease in total funds received by the Department of Transportation for Operation Lifesaver below the level that would otherwise have been received but for enactment of this Act; or (2) affect regular first-class rates of postage or any other regular rates of postage.
Requires the Comptroller General to report to Congress: (1) an evaluation of the effectiveness and the appropriateness of the authority provided by this Act as a means of fundraising; and (2) a description of the monetary and other resources required of the Postal Service in carrying it out. | {"src": "billsum_train", "title": "Look, Listen, and Live Stamp Act"} | 1,119 | 141 | 0.522963 | 1.515688 | 0.513397 | 7.531746 | 8.468254 | 0.97619 |
TITLE I--HEALTH CARE FRAUD PROSECUTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Health Care Fraud Prosecution Act
of 1995''.
SEC. 102. INCREASED PENALTIES FOR HEALTH CARE FRAUD.
(a) Offense.--Part I of title 18, United States Code, is amended by
inserting after chapter 50A the following new chapter:
``CHAPTER 50B--HEALTH CARE FRAUD
``Sec.
``1101. Health care fraud.
``1102. Penalties.
``1103. Restitution.
``Sec. 1101. Health care fraud
``(a) Definition.--In this section, the term `health care provider'
means--
``(1) a physician, nurse, dentist, therapist, pharmacist,
or other professional provider of health care; and
``(2) a hospital, health maintenance organization,
pharmacy, laboratory, clinic, or other health care facility or
a provider of medical services, medical devices, medical
equipment, or other medical supplies.
``(b) Offense.--A health care provider that engages in conduct
constituting an offense under section 1341 or 1343 of this title for
the purpose of or in connection with the provision of health care
services or supplies or the payment therefor or reimbursement of the
costs thereof, when--
``(1) the amount of loss caused by the fraudulent conduct
exceeds $10,000; or
``(2) the offender had previously been convicted of fraud
in Federal or State court,
shall be fined under this title, imprisoned in accordance with section
1102 of this title, or both.
``Sec. 1102. Penalties
``(a) In General.--In the case of an offense under section 1101 of
this title not described in subsection (b) or (c) of this section, the
offender shall be sentenced to a term of imprisonment of not more than
10 years.
``(b) Serious Physical Injury or Endangerment of Life of Patient.--
In the case of an offense under section 1101 of this title that--
``(1) caused serious physical injury to a patient; or
``(2) endangered the life of a patient,
the offender shall be sentenced to a term of imprisonment of not more
than 20 years.
``(c) Death of Patient.--In the case of an offense under section
1101 of this title that caused the death of a patient, the offender
shall be sentenced to a term of imprisonment of not more than life.
``Sec. 1103. Restitution
``(a) In General.--In sentencing a person convicted of an offense
under section 1101 of this title, the court shall order the offender to
pay restitution to the patient and any payor, such as an insurer,
employer health benefit plan, or government program, for economic loss
sustained as a result of the offense.
``(b) Restitution Procedure.--Except to the extent inconsistent
with this section, sections 3363 and 3364 of this title apply to
restitution made under this section.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 50A the following new item:
``50B. Health care fraud.''.
SEC. 103. CRIMINAL FORFEITURE OF HEALTH CARE FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The court, in imposing sentence on a person convicted of an
offense under section 1101 of this title, shall order that the offender
forfeit to the United States any real or personal property constituting
or derived from proceeds that the offender obtained directly or
indirectly as the result of the offense.''.
SEC. 104. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND
CONVICTION.
Section 3059(c)(1) of title 18, United States Code, is amended by
inserting ``1101 or'' before ``2326''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purposes of
carrying out the amendments made by this title--
(1) for fiscal year 1996--
(A) $25,000,000 for the Federal Bureau of
Investigation to hire, equip, and train no fewer than
250 special agents and support staff to investigate
health-care fraud cases;
(B) $5,000,000 to hire, equip, and train no fewer
than 50 assistant United States Attorneys and support
staff to prosecute health-care fraud cases; and
(C) $5,000,000 to hire, equip, and train no fewer
than 50 investigators in the Office of Inspector
General, Department of Health and Human Services, to be
devoted exclusively to health-care fraud cases; and
(2) for each fiscal year thereafter, such sums as may be
necessary.
TITLE II--HEALTH CARE FRAUD AND ABUSE COMMISSION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Health Care Fraud and Abuse
Commission Act of 1995''.
SEC. 202. ESTABLISHMENT OF HEALTH CARE FRAUD AND ABUSE COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Health Care Fraud and Abuse Commission'' (in this title referred
to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 18 members as
follows:
(1) Officials.--
(A) The Secretary of Health and Human Services (or
the Secretary's designee).
(B) The Inspector General of the Department of
Health and Human Services (or the Inspector General's
designee).
(C) The Attorney General (or the Attorney General's
designee).
(D) The Director of the Federal Bureau of
Investigation (or the Director's designee).
(E) The Administrator of the Health Care Financing
Administration (or the Administrator's designee).
(2) Public members.--Thirteen members, appointed by the
President, of which--
(A) one shall be an Attorney General of a State;
(B) one shall be a representative of State medicaid
fraud control programs;
(C) one shall be a State official directly
responsible for regulation of health insurance;
(D) one shall be a representative of physicians;
(E) one shall be a representative of hospital
administrators;
(F) one shall be a representative of health
insurance companies;
(G) one shall be a representative of employers who
self-fund employee health benefit plans;
(H) one shall be a representative of employers who
purchase a health benefit plan from a health insurance
company;
(I) one shall be a representative of medicare
carriers;
(J) one shall be a representative of medicare peer
review organizations;
(K) one shall be a representative of health care
consumers;
(L) one shall be a representative of medicare
beneficiaries; and
(M) one shall be a representative of labor unions.
In making appointments under this paragraph of an individual
who is a representative of persons or organizations, the
President shall consider the recommendations of national
organizations that represent such persons or organizations. The
President shall report to Congress, within 90 days after the
date of the enactment of this Act, the names of the members
appointed under this paragraph.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
SEC. 203. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall--
(1) investigate the nature, magnitude, and cost of health
care fraud and abuse in the United States, and
(2) identify and develop the most effective methods of
preventing, detecting, and prosecuting or litigating such fraud
and abuse, with particular emphasis on coordinating public and
private prevention, detection, and enforcement efforts.
(b) Particulars.--Among other items, the Commission shall examine
at least the following:
(1) Mechanisms to provide greater standardization of claims
administration in order to accommodate fraud prevention and
detection.
(2) Mechanisms to allow more freedom of health benefit
plans to exchange information for coordinating case development
and prosecution or litigation efforts, without undermining
patient and provider privacy protections or violating anti-
trust laws.
(3) The extension to private health insurers of
administrative remedies currently available to public insurers.
(4) Mechanisms for private insurers to organize and finance
investigation and litigation efforts when more than one insurer
may have received fraudulent claims from a provider.
(5) Creating a model State statute for establishing State
insurance fraud units and State laws to strengthen insurers'
ability to pursue and recover from fraudulent providers.
(6) The need for regulation of new types of health care
providers.
(7) Criteria for physician referrals to facilities in which
they (or family members) have a financial interest.
(8) The availability of resources to law enforcement
authorities to combat health care fraud and abuse.
(c) Report.--After approval by a majority vote, a quorum being
present, the Commission shall transmit to Congress a report on its
activities. The report shall be transmitted not later than 18 months
after the date that a majority of the public members of the Commission
have been appointed. The report shall contain a detailed statement of
the Commission's findings, together with such recommendations as the
Commission considers appropriate.
SEC. 204. ORGANIZATION AND COMPENSATION.
(a) Organization.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(2) Chairman.--The Commission shall elect one of its
members to serve as chairman of the Commission.
(3) Meetings.--The Commission shall meet at the call of the
chairman or a majority of its members. Meetings of the
Commission are open to the public under section 10(a)(10) of
the Federal Advisory Committee Act, except that the Commission
may conduct meetings in executive session but only if a
majority of the members of the Commission (a quorum being
present) approve going into executive session.
(b) Compensation of Members.--Members of the Commission shall serve
without compensation, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance of their
duties as members of the Commission.
SEC. 205. STAFF OF COMMISSION.
(a) In General.--The Commission may appoint and fix the
compensation of a staff director and such other additional personnel as
may be necessary to enable the Commission to carry out its functions,
without regard to the laws, rules, and regulations governing
appointment and compensation and other conditions of service in the
competitive service.
(b) Detail of Federal Employees.--Upon request of the chairman, any
Federal employee who is subject to such laws, rules, and regulations,
may be detailed to the Commission to assist it in carrying out its
functions under this title, and such detail shall be without
interruption or loss of civil service status or privilege.
(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 120 percent of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
SEC. 206. AUTHORITY OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this title, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this title. Upon request of
the chairman of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(2) Access to information.--Information obtained by the
Commission is available to the public in the same manner in
which information may be made available under sections 552 and
552a of title 5, United States Code.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property for
the purpose of aiding or facilitating the work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this title.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is authorized to investigate under this title. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
SEC. 207. TERMINATION.
The Commission shall terminate 90 days after the date the report is
submitted under section 203(c).
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its functions, to remain available until
expended. | TABLE OF CONTENTS:
Title I: Health Care Fraud Prosecution
Title II: Health Care Fraud and Abuse Commission
Title I: Health Care Fraud Prosecution
- Health Care Fraud Prosecution Act of 1995 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000; or (2) the offender has previously been convicted of fraud in Federal or State court.
Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient (up to 20 years' imprisonment) or caused the death of a patient (up to life imprisonment). Specifies that the sentencing court shall order a person convicted of an offense under this title to pay restitution to the patient and any payor for losses sustained as a result of the offense.
Provides for criminal forfeiture of the proceeds of health care fraud.
Authorizes appropriations for the Federal Bureau of Investigation, U.S. Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases.
Title II: Health Care Fraud and Abuse Commission
- Health Care Fraud and Abuse Commission Act of 1995 - Establishes the Health Care Fraud and Abuse Commission to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, and prosecution or litigation.
Authorizes appropriations. | {"src": "billsum_train", "title": "To provide for a Federal response to fraud in connection with the provision of or receipt of payment for health care services, and for other purposes."} | 3,312 | 360 | 0.669101 | 1.98674 | 0.790872 | 3.560748 | 9.336449 | 0.919003 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Air Travelers Fair Treatment Act of
2000''.
SEC. 2. FAIR TREATMENT OF AIRLINE PASSENGERS.
Section 41712 of title 49, United States Code, is amended--
(1) by striking ``On the initiative'' and inserting ``(a)
Duty of the Secretary.--On the initiative''; and
(2) by adding at the end the following:
``(b) Specific Practices.--For purposes of subsection (a), the
terms `unfair or deceptive practice' and `unfair method of competition'
include each of the following:
``(1) Flight delays.--The failure of an air carrier or
foreign air carrier to provide a passenger of the carrier with
an accurate explanation of the reasons for a flight delay,
cancellation, or diversion from a ticketed itinerary.
``(2) Pricing policies.--Any action of an air carrier or
foreign air carrier--
``(A) to prohibit a person (including a
governmental entity) that purchases air transportation
from only using a portion of the air transportation
purchased (including using the air transportation
purchased only for 1-way travel instead of round-trip
travel); or
``(B) to assess an additional fee on or charge to--
``(i) such a person; or
``(ii) any ticket agent that sold the air
transportation to such person.
``(3) Termination of ticket agents.--In the case of a
termination, cancellation, nonrenewal, or substantial change in
the competitive circumstances of the appointment of a ticket
agent by an air carrier or foreign air carrier, the failure of
the air carrier or foreign air carrier--
``(A) to provide the ticket agent with written
notice, and a full statement of reasons for the action,
on or before the 90th day preceding the action; and
``(B) to provide the ticket agent with at least 60
days to correct any deficiency claimed in the written
notice,
except in cases of insolvency, an assignment for the benefit of
creditors, bankruptcy, or nonpayment of sums due under the
appointment.''.
SEC. 3. CLARIFICATION REGARDING ENFORCEMENT OF STATE LAWS.
Section 41713(b)(1) of title 49, United States Code, is amended by
striking ``related to a price, route, or service of an air carrier that
may provide air transportation under this subpart'' and inserting
``that directly prescribes a price, route, or level of service for air
transportation provided by an air carrier under this subpart''.
SEC. 4. EMERGENCY MEDICAL ASSISTANCE; RIGHT OF EGRESS.
(a) In General.--Subchapter I of chapter 417 of title 49, United
States Code, is amended by adding at the end the following:
``Sec. 41717. Airline passenger rights
``(a) Right to In-Flight Emergency Medical Care.--
``(1) In general.--The Secretary of Transportation shall
prescribe regulations to establish minimum standards for
resuscitation, emergency medical, and first-aid equipment and
supplies to be carried on board an aircraft operated by an air
carrier in air transportation that is capable of carrying at
least 30 passengers.
``(2) Considerations.--In prescribing regulations under
paragraph (1), the Secretary shall consider--
``(A) the weight and size of the equipment
described in paragraph (1);
``(B) the need for special training of air carrier
personnel to operate the equipment safely and
effectively;
``(C) the space limitations of each type of
aircraft;
``(D) the effect of the regulations on aircraft
operations;
``(E) the practical experience of airlines in
carrying and operating similar equipment; and
``(F) other relevant factors.
``(3) Consultation.--Before prescribing regulations under
paragraph (1), the Secretary shall consult with the Surgeon
General.
``(b) Right To Exit Aircraft.--No air carrier or foreign air
carrier operating an aircraft in air transportation shall prevent or
hinder (including by failing to assist) any passenger from exiting the
aircraft (under the same circumstances as any member of the flight crew
is permitted to exit the aircraft) if--
``(1) the aircraft is parked at an airport terminal gate
with access to ramp or other facilities through which
passengers are customarily boarded and deplaned;
``(2) the aircraft has remained at the gate more than 1
hour past its scheduled departure time; and
``(3) the captain of the aircraft has not been informed by
air traffic control authorities that the aircraft can be
cleared for departure within 15 minutes.''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
417 of title 49, United States Code, is amended by adding at the end
the following:
``41717. Airline passenger rights.''.
SEC. 5. ENSURING CONSUMER ACCESS TO TRAVEL INFORMATION.
(a) Establishment.--There is established a commission to be known
as the ``National Commission to Ensure Consumer Information and Choice
in the Airline Industry'' (in this section referred to as the
``Commission'').
(b) Duties.--
(1) Study.--The Commission shall undertake a study of--
(A) consumer access to information about the
products and services of the airline industry;
(B) the effect on the marketplace of the emergence
of new means of distributing such products and
services;
(C) the effect on consumers of the declining
financial condition of travel agents in the United
States; and
(D) the impediments imposed by the airline industry
on distributors of the industry's products and
services, including travel agents and Internet-based
distributors.
(2) Policy recommendations.--Based on the results of the
study described in paragraph (1), the Commission shall
recommend to the President and Congress policies necessary--
(A) to ensure full consumer access to complete
information concerning airline fares, routes, and other
services;
(B) to ensure that the means of distributing the
products and services of the airline industry, and of
disseminating information about such products and
services, is adequate to ensure that competitive
information is available in the marketplace;
(C) to ensure that distributors of the products and
services of the airline industry have adequate relief
from illegal, anticompetitive practices that occur in
the marketplace; and
(D) to foster healthy competition in the airline
industry and the entry of new entrants.
(c) Specific Matters To Be Addressed.--In carrying out the study
authorized under subsection (b)(1), the Commission shall specifically
address the following:
(1) Consumer access to information.--With respect to
consumer access to information regarding the services and
products offered by the airline industry:
(A) The state of such access.
(B) The effect of such access over the next 5 years
of the making of alliances in the airline industry.
(C) Whether and to what degree the trends regarding
such access will produce benefits to consumers.
(2) Means of distribution.--With respect to the means of
distributing the products and services of the airline industry:
(A) The state of such means of distribution.
(B) The roles played by travel agencies and
Internet-based providers of travel information and
services in distributing such products and services.
(C) Whether the policies of the United States
promote the access of consumers to multiple means of
distribution.
(3) Airline reservation systems.--With respect to airline
reservation systems:
(A) The rules, regulations, policies, and practices
of the industry governing such systems.
(B) How trends in such systems will affect
consumers, including--
(i) the effect on consumer access to flight
reservation information; and
(ii) the effect on consumers of the use by
the airline industry of penalties and
promotions to convince distributors to use such
systems, and the degree of consumer awareness
of such penalties and promotions.
(4) Legal impediments to distributors seeking relief for
anticompetitive actions.--The policies of the United States
with respect to the legal impediments to distributors seeking
relief for anticompetitive actions, including--
(A) Federal preemption of civil actions against
airlines; and
(B) the role of the Department of Transportation in
enforcing rules against anticompetitive practices.
(d) Membership.--
(1) Appointment.--The Commission shall be composed of 15
voting members and 11 nonvoting members as follows:
(A) 5 voting members and 1 nonvoting member
appointed by the President.
(B) 3 voting members and 3 nonvoting members
appointed by the Speaker of the House of
Representatives.
(C) 2 voting members and 2 nonvoting members
appointed by the Minority Leader of the House of
Representatives.
(D) 3 voting members and 3 nonvoting members
appointed by the Majority Leader of the Senate.
(E) 2 voting members and 2 nonvoting members
appointed by the Minority Leader of the Senate
(2) Qualifications.--Voting members appointed pursuant to
paragraph (1) shall be appointed from among individuals who are
experts in economics, service product distribution, or
transportation, or any related discipline, and who can
represent consumers, passengers, shippers, travel agents,
airlines, or general aviation.
(3) Terms.--Members shall be appointed for the life of the
Commission.
(4) Vacancies.--A vacancy in the Commission shall be filled
in the manner in which the original appointment was made.
(5) Travel expenses.--Members shall serve without pay but
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57 of
title 5, United States Code.
(6) Chairperson.--The President, in consultation with the
Speaker of the House of Representatives and the majority leader
of the Senate, shall designate the Chairperson of the
Commission from among its voting members.
(e) Commission Panels.--The Chairperson shall establish such panels
consisting of voting members of the Commission as the Chairperson
determines appropriate to carry out the functions of the Commission.
(f) Staff.--The Commission may appoint and fix the pay of such
personnel as it considers appropriate.
(g) Staff of Federal Agencies.--Upon request of the Commission, the
head of any department or agency of the United States may detail, on a
reimbursable basis, any of the personnel of that department or agency
to the Commission to assist it in carrying out its duties under this
section.
(h) Other Staff and Support.--Upon the request of the Commission,
or a panel of the Commission, the Secretary of Transportation shall
provide the Commission or panel with professional and administrative
staff and other support, on a reimbursable basis, to assist the
Commission or panel in carrying out its responsibilities.
(i) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information (other
than information required by any statute of the United States to be
kept confidential by such department or agency) necessary for the
Commission to carry out its duties under this section. Upon request of
the Commission, the head of that department or agency shall furnish
such nonconfidential information to the Commission.
(j) Report.--Not later than 1 year after the date on which initial
appointments of members to the Commission are completed, the Commission
shall transmit to the President and Congress a report on the activities
of the Commission, including recommendations made by the Commission
under subsection (b)(2).
(k) Termination.--The Commission shall terminate on the 30th day
following the date of transmittal of the report under subsection (l).
All records and papers of the Commission shall thereupon be delivered
by the Administrator of General Services for deposit in the National
Archives.
(l) Applicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission. | (Sec. 2) Makes it an unfair or deceptive practice and an unfair method of competition for an air carrier or foreign air carrier to: (1) prohibit a person (including a governmental entity) that purchases air transportation from only using a portion of the air transportation purchased (including only for one-way travel instead of round-trip travel); or (2) assess an additional fee on or charge to such a person or any ticket agent that sold the air transportation to such person.
Makes it an unfair or deceptive practice and an unfair method of competition for an air carrier or foreign air carrier, in the case of a termination, cancellation, nonrenewal, or substantial change in the competitive circumstances of the appointment of a ticket agent by an air carrier or foreign air carrier, to fail: (1) to provide the ticket agent with written notice, and a full statement of reasons for the action, on or before the 90th day preceding the action; and (2) to provide the ticket agent with at least 60 days to correct any deficiency claimed. Exempts from this rule cases of insolvency, an assignment for the benefit of creditors, bankruptcy, or nonpayment of sums due under the appointment.
(Sec. 3) Modifies Federal preemption of State authority over air transportation prices, routes, and service to preempt only direct State prescription of such prices, routes, or levels of service.
(Sec. 4) Directs the Secretary of Transportation to prescribe regulations to establish minimum standards for resuscitation, emergency medical, and first-aid equipment and supplies to be carried on board an aircraft capable of carrying at least 30 passengers.
Prohibits air carriers or foreign air carriers from preventing, hindering, or failing to assist any passenger from exiting an aircraft (under the same circumstances as any flight crew member may exit) if: (1) the aircraft is parked over an hour past its scheduled departure time at an airport terminal gate with access to ramp or other boarding and deplaning facilities; and (2) the aircraft captain has not been informed by air traffic control authorities that the aircraft can be cleared for departure within 15 minutes.
(Sec. 5) Establishes the National Commission to Ensure Consumer Information and Choice in the Airline Industry to study and report policy recommendations to the President and the Congress on: (1) consumer access to information about airline industry products and services; and (2) the impediments imposed by the airline industry on distributors of the industry's products and services, including travel agents and Internet-based distributors. | {"src": "billsum_train", "title": "Air Travelers Fair Treatment Act of 2000"} | 2,618 | 540 | 0.69749 | 2.131499 | 0.737808 | 5.524194 | 4.931452 | 0.951613 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Taxpayer's Defense Act''.
SEC. 2. MANDATORY CONGRESSIONAL REVIEW.
Chapter 8 of title 5, United States Code, is amended by inserting
after section 808 the following:
``SUBCHAPTER II--MANDATORY REVIEW OF CERTAIN RULES
``Sec. 815. Rules subject to mandatory congressional review
``(a) In this section, the term `tax' means a non-penal, mandatory
payment of money or its equivalent to the extent such payment does not
compensate the Federal Government or other payee for a specific benefit
conferred directly on the payer.
``(b) A rule that establishes or increases a tax, however
denominated, shall not take effect before the date of the enactment of
a bill described in section 816 and is not subject to review under
subchapter I. This section does not apply to a rule promulgated under
the Internal Revenue Code of 1986.
``Sec. 816. Agency submission
``Whenever an agency promulgates a rule subject to section 815, the
agency shall submit to each House of Congress a report containing the
text of only the part of the rule that causes the rule to be subject to
section 815 and an explanation of that part. An agency shall submit
such a report separately for each such rule the agency promulgates. The
explanation shall consist of the concise general statement of the
rule's basis and purpose required under section 553 and such
explanatory documents as are mandated by other statutory requirements.
``Sec. 817. Approval bill
``(a)(1) Not later than 3 legislative days after the date on which
an agency submits a report under section 816, the Majority Leader of
each House of Congress shall introduce (by request) a bill the matter
after the enacting clause of which is as follows: `The following agency
rule may take effect:'. The text submitted under section 816 shall be
set forth after the colon. If such a bill is not introduced in a House
of Congress as provided in the first sentence of this subsection, any
Member of that House may introduce such a bill not later than 7
legislative days after the period for introduction by the Majority
Leader.
``(2) A bill introduced under paragraph (1) shall be referred to
the Committees in each House of Congress with jurisdiction over the
subject matter of the rule involved.
``(b)(1)(A) Any committee of the House of Representatives to which
a bill is referred shall report the bill without amendment, and with or
without recommendation, not later than the 30th calendar day of session
after the date of its introduction. If any committee fails to report
the bill within that period, it is in order to move that the House
discharge the committee from further consideration of the bill. A
motion to discharge may be made only by a Member favoring the bill (but
only at a time designated by the Speaker on the legislative day after
the calendar day on which the Member offering the motion announces to
the House that Member's intention to do so and the form of the motion).
The motion is highly privileged. Debate thereon shall be limited to not
more than 1 hour, the time to be divided in the House equally between
the proponent and an opponent. The previous question shall be
considered as ordered on the motion to its adoption without intervening
motion. A motion to reconsider the vote by which the motion is agreed
to or disagreed to shall not be in order.
``(B) After a bill is reported or a committee has been discharged
from further consideration, it is in order to move that the House
resolve into the Committee of the Whole House on the State of the Union
for consideration of the bill. If reported and the report has been
available for at least 1 calendar day, all points of order against the
bill and against consideration of the bill are waived. If discharged,
all points of order against the bill and against consideration of the
bill are waived. The motion is highly privileged. A motion to
reconsider the vote by which the motion is agreed to or disagreed to
shall not be in order. During consideration of the bill in the
Committee of the Whole, the first reading of the bill shall be
dispensed with. General debate shall proceed, shall be confined to the
bill, and shall not exceed 1 hour equally divided and controlled by a
proponent and an opponent of the bill. After general debate, the bill
shall be considered as read for amendment under the 5-minute rule. At
the conclusion of the consideration of the bill, the Committee shall
rise and report the bill to the House without intervening motion. The
previous question shall be considered as ordered on the bill to final
passage without intervening motion. A motion to reconsider the vote on
passage of the bill shall not be in order.
``(C) Appeals from decisions of the Chair regarding application of
the rules of the House of Representatives to the procedure relating to
a bill shall be decided without debate.
``(2)(A) Any bill introduced in the Senate shall be referred to the
appropriate committee or committees. A committee to which a bill has
been referred shall report the bill without amendment not later than
the 30th day of session following the date of introduction of that
bill. If any committee fails to report the bill within that period,
that committee shall be automatically discharged from further
consideration of the bill and the bill shall be placed on the calendar.
``(B) When the Senate receives from the House of Representatives a
bill, such bill shall not be referred to committee and shall be placed
on the calendar.
``(C) A motion to proceed to consideration of a bill under this
subsection shall not be debatable. It shall not be in order to move to
reconsider the vote by which the motion to proceed was adopted or
rejected, although subsequent motions to proceed may be made under this
paragraph.
``(D)(i) After no more than 10 hours of consideration of a bill,
the Senate shall proceed, without intervening action or debate (except
as permitted under subparagraph (F)), to vote on the final disposition
thereof to the exclusion of all motions, except a motion to reconsider
or to table.
``(ii) A single motion to extend the time for consideration under
clause (i) for no more than an additional 5 hours is in order before
the expiration of such time and shall be decided without debate.
``(iii) The time for debate on the disapproval bill shall be
equally divided between the Majority Leader and the Minority Leader or
their designees.
``(E) A motion to recommit a bill shall not be in order.
``(F) If the Senate has read for the third time a bill that
originated in the Senate, then it shall be in order at any time
thereafter to move to proceed to the consideration of a bill for the
same special message received from the House of Representatives and
placed on the calendar under subparagraph (B), strike all after the
enacting clause, substitute the text of the Senate bill, agree to the
Senate amendment, and vote on final disposition of the House bill, all
without any intervening action or debate.
``(G) Consideration in the Senate of all motions, amendments, or
appeals necessary to dispose of a message from the House of
Representatives on a bill shall be limited to not more than 4 hours.
Debate on each motion or amendment shall be limited to 30 minutes.
Debate on any appeal or point of order that is submitted in connection
with the disposition of the House message shall be limited to 20
minutes. Any time for debate shall be equally divided and controlled by
the proponent and the majority manager, unless the majority manager is
a proponent of the motion, amendment, appeal, or point of order, in
which case the minority manager shall be in control of the time in
opposition.''.
SEC. 3. TECHNICAL AMENDMENTS.
(a) Subchapter Heading.--Chapter 8 of title 5, United States Code,
is amended by inserting before section 801 the following:
``SUBCHAPTER I--DISCRETIONARY CONGRESSIONAL REVIEW''.
(b) Table of Sections.--The table of sections for chapter 8 of
title 5, United States Code, is amended by inserting before the
reference to section 801 the following:
``subchapter i--discretionary congressional review'';
and by inserting after the reference to section 808 the following:
``subchapter ii--mandatory review of certain rules
``815. Rules subject to mandatory congressional review.
``816. Agency submission.
``817. Approval bill.''.
(c) Reference.--Section 804 of title 5, United States Code, is
amended by striking ``this chapter'' and inserting ``this subchapter''. | Outlines introduction, referral, and consideration procedures for approval of the bill. | {"src": "billsum_train", "title": "Taxpayer's Defense Act"} | 1,968 | 16 | 0.38317 | 0.890938 | -0.575468 | 1.785714 | 130.857143 | 0.785714 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Northwest Territory of the Great
Lakes National Heritage Area Act of 1999''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The region which includes Illinois, Indiana, Michigan,
and Ohio was once known as the Northwest Territory. It was the
first frontier region of the new United States of America. Some
of the indigenous peoples of the area were the Delaware,
Kikapoo, Miami, Ottawa, Piankeshaw, Potowatami, Shawnee, Wea,
and Wyandotte Indians.
(2) The distinctive landscape of this area was largely
defined by--
(A) the Ordinance of 1785, which established a
system of transferring land ownership from the Indians
to the United States Government and then to private
owners, and created the system of land surveyance and
township and county plats which remains today;
(B) the Northwest Ordinance of 1787, which
established a process through which self-government in
this first frontier of the newly organized United
States could be established; and
(C) the Treaty of Greeneville of 1795, which
signaled the end of Indian resistance in the region.
(3) The local environmental and topographical landscape of
the area was largely defined in commercial and strategic terms
by--
(A) the area river systems, including but not
limited to--
(i) the Fox River, the Illinois River, and
the Kankakee River, in the State of Illinois;
(ii) the Eel River, the Elkhart River, the
Kankakee River, the Maumee River, the St.
Joseph River, the St. Mary's River, and the
Wabash River in the State of Indiana;
(iii) the Detroit River, the St. Mary's
River, and the St. Joseph River in the State of
Michigan; and
(iv) the Great Miami River, the Maumee
River, and the St. Mary's River in the State of
Ohio;
(B) the Great Lakes;
(C) the River Portage Trails, including but not
limited to--
(i) the 3 mile portage from the St. Joseph
River to the Little Wabash River in Fort Wayne,
which was the only separation in the waterway
from the upper Great Lakes to the Gulf of
Mexico; and
(ii) from the Great Miami River to the St.
Mary's and Wabash Rivers in Ohio;
(D) the 13 forts which developed in the region,
including but not limited to--
(i) Fort Dearborn, in Chicago, Illinois;
(ii) Fort Wayne, in Fort Wayne, Indiana;
(iii) Fort Mackinac on Mackinac Island,
Michigan; and
(iv) Fort Defiance, in Defiance, Ohio; and
(E) the settlements, including Native American
villages, early trading posts, and territorial capitals
that developed in the region.
(4) The military history of the region includes, but is not
limited to--
(A) LaBalme's Defeat in 1780;
(B) the defeat of General Harmar in 1790;
(C) the defeat of General St. Clair in 1791;
(D) the United States victory by General ``Mad''
Anthony Wayne at the Battle of Fallen Timbers in 1794;
and
(E) the Battle of Lake Erie in 1832.
(5) The confederacy of Indian Nations was organized by
Tecumseh and ``The Prophet'' to stop American advancement.
General William Henry Harrison defeated The Prophet at the
Battle of Tippecanoe in 1811. This was the last major battle
east of the Mississippi River with Indian Nations and led to
the famous slogan ``Tippecanoe and Tyler too'', which propelled
Harrison to the Presidency of the United States.
(6) The War of 1812, during which the region might have
been lost to Canada without Commodore Perry's victory at Put-
in-Bay on Lake Erie.
(7) The rush of settlers to the region after the War of
1812 led to additional treaties and conflict with the Native
Americans. Most Indians were removed in a series of events
culminating with the so-called ``Black Hawk Wars'', which ended
in 1833.
(b) Purposes.--The purposes of this Act include the conservation,
interpretation, and development of the historical, cultural, natural,
and recreational resources related to the region historically referred
to as the Northwest Territory of the Great Lakes during the period from
1785 to 1835.
SEC. 3. DEFINITIONS.
For the purposes of this Act--
(1) the term ``Authority'' means the Northwest Territory of
the Great Lakes National Heritage Area Authority;
(2) the term ``Heritage Area'' means the Northwest
Territory of the Great Lakes National Heritage Area established
in section 4; and
(3) the term ``Plan'' means the management plan required to
be developed for the Heritage Area pursuant to section
5(e)(1)(G).
SEC. 4. THE NORTHWEST TERRITORY OF THE GREAT LAKES NATIONAL HERITAGE
AREA.
(a) Establishment.--There is hereby established the Northwest
Territory of the Great Lakes National Heritage Area.
(b) Boundaries.--The Heritage Area shall be comprised of
historically significant areas, as defined by the Authority, within
Illinois, Indiana, Michigan, and Ohio (as defined by the Northwest
Ordinance of 1787), such as the following historically significant
locations:
(1) Fort Dearborn and Fort Clark in the State of Illinois.
(2) In Indiana--
(A) Anthony Wayne, Chief Little Turtle, and Chief
Richardville sites (Fort Wayne);
(B) The Historic Forks of the Wabash Park and Chief
LaFontaine Home (Huntington);
(C) Kokomo Village (Kokomo);
(D) Deaf Man's Village (Peru);
(E) Munsee Town (Muncie);
(F) Chief Menominee Monument (Plymouth);
(G) Historic Vincennes (Vincennes);
(H) Prophetstown (Lafayette); and
(I) Historic Corydon (Corydon).
(3) In Michigan--
(A) Fort Michilimackinac (Mackinaw City); and
(B) Fort Mackinac (Mackinac Island).
(4) In Ohio--
(A) Fallen Timbers State Memorial (Maumee);
(B) Fort Defiance State Memorial (Defiance);
(C) Fort Adams/Ft. Amanda State Memorial
(Wapakoneta);
(D) Fort Recovery State Memorial (Fort Recovery);
(E) Fort Greeneville/Treaty of Greeneville Memorial
(Greeneville);
(F) Fort Jefferson State Memorial (Ft. Jefferson);
(G) Fort St. Clair State Memorial (Eaton);
(H) Fort Hamilton Monument (Hamilton);
(I) Fort Washington (Cincinnati); and
(J) Perry's Victory and International Peace
Memorial (Put-in-Bay).
SEC. 5. MANAGEMENT ENTITY AND DUTIES.
(a) In General.--The management entity for the Heritage Area shall
be the Northwest Territory of the Great Lakes National Heritage Area
Authority.
(b) Composition.--The Authority shall be composed of 18 members
appointed as follows:
(1) 3 members appointed by each of the following:
(A) The Governor of Illinois or the Governor's
designee.
(B) The Governor of Indiana or the Governor's
designee.
(C) The Governor of Michigan or the Governor's
designee.
(D) The Governor of Ohio or the Governor's
designee.
(2) 1 member appointed by each of the following:
(A) The Historical Society of the State of
Illinois.
(B) The Historical Society of the State of Indiana.
(C) The Historical Society of the State of
Michigan.
(D) The Historical Society of the State of Ohio.
(3) 2 members appointed by the Secretary of the Interior of
the United States or the Secretary's designee.
(4) Of the 3 members appointed by each Governor of a State
under paragraph (1)--
(A) at least 1 member shall be a member of the
governing body of an Indian tribe located within the
State, or a designee of such a member; and
(B) at least 1 member shall be an elected official
of a unit of local government located within the State
which has 1 or more historic sites significant to the
Heritage Area.
(c) Terms.--The term of office shall be 2 years. No member of the
Authority shall serve more than 4 terms.
(d) Compensation.--Compensation for members of the Authority shall
be determined by the Authority as part of the Plan.
(e) Duties and Powers.--
(1) Duties.--The Authority shall--
(A) receive funds from various sources for the
implementation of this Act;
(B) disburse funds in accordance with this Act;
(C) make grants to and enter into cooperative
agreements with States and their political
subdivisions, private organizations, or other
individuals or entities as appropriate for the
execution of this Act;
(D) hire and compensate staff;
(E) enter into contracts for goods and services;
(F) develop a management plan for the Heritage
Area;
(G) help ensure the conservation, interpretation,
and development of the historical, cultural, natural,
and recreational resources related to the region
historically referred to as the Northwest Territory of
the Great Lakes during the period from 1785 through
1835;
(H) foster a close working relationship with all
levels of government, the private sector, philanthropic
and educational organizations, local communities, and
regional metroparks systems through a coalition
organization to both conserve the heritage of this
region and utilize its resources for tourism and
economic development;
(I) develop an Internet web site and other
marketing programs to further the purposes of this Act;
and
(J) in accordance with Federal, State, and local
laws, erect signs to promote the Heritage Area.
(2) Powers.--The Authority may develop visitor centers and
interpretive facilities for the Heritage Area.
(f) Plan.--The Plan shall--
(1) present recommendations for the Heritage Area's
conservation, funding, management, and development, taking into
consideration existing State and local plans and the comments
of residents, public agencies, and private organizations
working in the Heritage Area;
(2) not be final until it has been approved by the
Governors of Illinois, Indiana, Michigan, and Ohio;
(3) include--
(A) an inventory of the resources contained in the
Heritage Area, including a list of any property in the
Heritage Area that is related to the themes of the
Heritage Area and that should be preserved, restored,
managed, developed, or maintained because of its
natural, cultural, historical, or recreational
significance; and
(B) a program for the implementation of the
management plan by the Authority.
(g) Specific Prohibitions.--The Authority--
(1) shall not take any action which jeopardizes the
sovereignty of the United States; and
(2) shall not infringe upon the private property rights of
individuals or other property owners.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act not more than $1,000,000 for any fiscal year. Not more
than a total of $10,000,000 may be appropriated for the Heritage Area.
(b) 50 Percent Match.--Federal funding provided under this Act may
not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this Act. | Declares the Authority the Area's management entity, which shall: (1) develop a management plan; (2) help ensure the conservation, interpretation, and development of the historical, cultural, natural, and recreational resources related to the Northwest Territory of the Great Lakes during the period from 1785 through 1835; and (3) develop an Internet web site and other marketing programs, as well as visitor centers and interpretive facilities.
Subjects the plan to approval by the Governors of the States involved.
Authorizes appropriations, with a maximum 50 percent Federal match for the total cost of any assistance or grant provided or authorized. | {"src": "billsum_train", "title": "Northwest Territory of the Great Lakes National Heritage Area Act of 1999"} | 2,582 | 129 | 0.40956 | 1.299036 | 0.424289 | 4.289256 | 19.752066 | 0.933884 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cooking Helps Elevate Futures Act''
or the ``CHEF Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2008, according to the Bureau of Justice Statistics,
the United States had more individuals in prison than any other
developed nation, with more than 2,000,000 individuals
incarcerated.
(2) Each year, more than 650,000 inmates are released from
State and Federal prisons after completing their sentences and
such inmates return to living and participating in society in
communities across the United States.
(3) There are many impediments affecting the successful
reentry of inmates into society, including the lack of
marketable job skills and the overall risk of recidivism.
(4) Because many inmates are not prepared for reentry into
society and lack access to certain services and networks of
support, the recidivism rate for inmates in the first year
after release from prison is 44.1 percent, increasing to 67.5
percent in the first 3 years after release.
(5) According to a 12-year study conducted by the Federal
Bureau of Prisons, job skills, experience, and training
obtained through prison work programs or vocational training
programs have a positive effect on post release employment and
recidivism, increasing the likelihood that Federal inmates will
successfully reintegrate into the community following their
release from Federal prison.
(6) Such study revealed that Federal inmates who
participated in vocational training programs were 24 percent
less likely to recidivate and 14 percent more likely to be
employed at the end of the 12-month period following their
release from prison than such inmates who did not participate
in such training programs.
(7) Culinary training is an effective strategy for
increasing employment rates among former inmates because of the
high demand for employment in the food service industry. In
2008, according to the Bureau of Labor Statistics, there were
546,300 privately owned food service and drinking places in the
Unites States, offering over 1,564,000 culinary positions.
SEC. 3. ESTABLISHMENT OF PILOT PROGRAM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Attorney General shall establish a pilot
program--
(1) to provide training and certification in the culinary
arts for Federal inmates in order to provide such inmates with
marketable employment skills; and
(2) to provide such inmates with job placement assistance
after their release from a Federal correctional facility.
(b) Facilities Selected.--
(1) In general.--The Attorney General shall select 10
different Federal correctional facilities located in different
regions of the continental United States to participate in the
pilot program.
(2) Considerations.--In selecting Federal correctional
facilities under paragraph (1), the Attorney General shall take
into consideration for each State--
(A) percentage of the State's population that are
Federal inmates;
(B) the recidivism rate of such inmates; and
(C) the unemployment rate of such inmates after
release from a Federal correctional facility.
(3) Definition.--In paragraph (1), the term ``continental
United States'' means a State (other than Alaska and Hawaii)
and the District of Columbia.
SEC. 4. ELIGIBILITY.
The Attorney General, in consultation with the Director of the
Federal Bureau of Prisons, shall prescribe regulations that establish
eligibility requirements for Federal inmates to participate in the
pilot program.
SEC. 5. CONTRACTS.
The Attorney General may enter into contracts with entities to
provide culinary training and job placement assistance for Federal
inmates participating in the pilot program.
SEC. 6. REPORT.
Not later than 120 days after the conclusion of the pilot program,
the Attorney General shall submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary of the
Senate a report that details--
(1) the number of Federal inmates who participated in,
completed, and received a certification under the program;
(2) the number of such inmates who were successfully placed
in jobs once they were released from a Federal correctional
facility;
(3) the length of time it took for such inmates to find
employment upon release from such a facility;
(4) the length of time that such inmates have been employed
by a particular employer since they were released from such a
facility;
(5) the rate of recidivism of such inmates; and
(6) the number of disciplinary incidents such inmates were
involved in while incarcerated and participating in the program
as compared to the number of such incidents that occurred
involving inmates who did not participate in the program.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
for each of the fiscal years 2012 through 2017 to carry out the pilot
program. | Cooking Helps Elevate Futures Act or CHEF Act - Directs the Attorney General to establish a pilot program providing federal inmates with training and certification in the culinary arts, and job placement assistance after their release from custody.
Directs the Attorney General to select ten different federal correctional facilities in different regions of the continental United States to participate in the program. | {"src": "billsum_train", "title": "To establish a pilot program to provide training and certification in the culinary arts for Federal inmates to be utilized during the normal inmate meals process and to be accredited for future employment and educational opportunities, and for other purposes."} | 1,049 | 80 | 0.498134 | 1.415768 | 0.805284 | 3.954545 | 15.030303 | 0.924242 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soledad Canyon Settlement Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) City of santa clarita.--The term ``City of Santa
Clarita'' means the City of Santa Clarita, California.
(2) City of victorville.--The term ``City of Victorville''
means the City of Victorville, California.
(3) Contracts.--The term ``contracts'' means the Bureau of
Land Management mineral contracts numbered CA-20139 and CA-
22901.
(4) Contract holder.--The term ``contract holder'' means
the private party to the contracts, and any successors that
hold legal interests in the contracts.
(5) County of san bernardino.--The term ``County of San
Bernardino'' means the County of San Bernardino, California.
(6) Map.--The term ``Map'' means the map entitled
``Victorville disposal area, California'' and dated March 2011.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) Victorville disposal area.--The term ``Victorville
disposal area'' means the 10,206.05 acres of land identified
for disposal in the West Mojave Land Management Plan (2006) of
the Bureau of Land Management and depicted on the Map.
SEC. 3. APPRAISAL; COMPENSATION TO CONTRACT HOLDER.
(a) Appraisals.--
(1) Contract appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by mineral appraisal, using the discounted
cash flow method of appraisal (in accordance with the
appraisal guidelines for appraisals of large quantities
of mineral materials contained in section IV(E) of BLM
Mineral Material Appraisal Handbook H-3630)--
(i) the fair market value of the contracts;
and
(ii) the amount of royalties the Federal
Government would receive under the contracts
over the 10-year period beginning on the date
of enactment of this Act.
(B) Considerations.--In making the determination
under subparagraph (A), the Secretary shall assume
that--
(i) the contract holder has obtained all
the permits and entitlements necessary to mine,
produce, and sell sand and gravel under the
contract; and
(ii) mining operations under the contract
have commenced at the time of the
determination, with maximum annual production
volumes that--
(I) are based on the projected
supply and demand outlook at the time
of determination; and
(II) reflect depletion of the
reserves that are subject to the
contract within the effective periods
of the contract.
(C) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(2) Land appraisal.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Secretary shall
determine by appraisal standards under existing laws
and regulations, the fair market value of the
Victorville disposal area on a net present value basis.
(B) Donation.--The Secretary shall provide to the
contract holder and the City of Santa Clarita a list of
approved appraisers from which the parties shall select
and provide the funding to cover the costs of the
appraisal under subparagraph (A).
(b) Compensation.--
(1) In general.--Subject to paragraph (2), not later than
30 days after completion of the appraisals under subsection
(a), the Secretary shall offer the contract holder compensation
for the cancellation of the contracts.
(2) Conditions on offer.--An offer made by the Secretary
under paragraph (1) shall be subject to the following
conditions:
(A) The cancellation of the contracts and the
provision of compensation shall be contingent on the
availability of funds from the sale of the Victorville
disposal area under section 4, and any additional
compensation provided under subparagraph (D), as
determined necessary by the Secretary.
(B) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the fair market value of the contracts, as
determined under subsection (a)(1)(A)(i).
(C) The amount of compensation offered by the
Secretary under this subsection shall be equal to or
less than the projected revenues generated by the sale
of the Victorville disposal area under section 4, less
the projected lost royalties to the Federal Government
over the 10-year period beginning on the date of
enactment of this Act, as determined under subsection
(a)(1)(A)(ii).
(D) If the amount of projected revenues described
in subparagraph (C) is less than the fair market value
determined under subsection (a)(1)(A)(i), the Secretary
shall, not later than 60 days after the date on which
the Director of the Bureau of Land Management
determines the projected revenues under subparagraph
(C), negotiate an agreement with the contract holder
and the City of Santa Clarita to provide to the
Secretary amounts equal to the difference, in the form
of--
(i) compensation to be received by the
contract holder; and
(ii) compensation in a form acceptable to
the Secretary to be provided by the City of
Santa Clarita.
(3) Acceptance of offer.--
(A) In general.--The contract holder shall have 60
days from the later of the date on which the Secretary
makes the offer under paragraph (1) or an agreement is
negotiated under paragraph (2)(D) to accept the offer
or agreement.
(B) Failure to accept offer.--If the contract
holder does not accept the offer under paragraph (1) or
if an agreement is not negotiated under paragraph
(2)(D) within the time period described in subparagraph
(A), the contracts shall remain in effect and no
further actions shall taken be taken pursuant to this
Act.
SEC. 4. SALE OF LAND NEAR VICTORVILLE, CALIFORNIA.
(a) In General.--Notwithstanding sections 202 and 203 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713)
and subject to subsections (b) through (f), not later than 2 years
after the date of enactment of this Act, the Secretary shall place on
the market and offer for sale by competitive bidding and in a manner
designed to obtain the highest price possible, all right, title, and
interest of the United States in and to the Victorville disposal area.
(b) Availability of Map.--The Secretary shall keep the Map on file
and available for public inspection in--
(1) the office of the Director of the Bureau of Land
Management; and
(2) the district office of the Bureau of Land Management
located in Barstow, California.
(c) Right of Local Land Use Authority To Purchase Certain Land.--
(1) In general.--Before a sale of land under subsection
(a), the Secretary shall provide to the applicable local land
use authority an exclusive preemptive right, as determined
under State law, to purchase any right, title, or interest of
the United States in and to any portion of the parcels of land
identified as ``Area A'' and ``Area B'' on the Map that is
located within the jurisdiction of the local land use
authority.
(2) Timing.--A preemptive right under paragraph (1) shall
be in effect for a period of 30 days before the land is sold
under subsection (a).
(3) Authority.--During the period described in paragraph
(2), the local land use authority may purchase some or all of
the right, title, and interest of the United States, as
provided in subsection (a), in and to the land to be offered
for sale at fair market value, as determined by an appraisal
conducted by the Secretary.
(4) Exercising right.--If the local land use authority
exercises the preemptive right under paragraph (1), the
Secretary shall convey the land to the local land use authority
immediately on payment by the local land use authority of the
entire purchase price of the applicable parcel of land.
(5) Failure to pay.--Failure by the local land use
authority to purchase and pay for the right, title, and
interest of the United States in and to the land described in
paragraph (1) within the time period described in paragraph (2)
and to comply with any other terms and conditions as the
Secretary may require shall terminate the preemptive right of
the local land use authority with respect to the right, title,
and interest offered for sale.
(d) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights, the land
described in subsection (a) is withdrawn from--
(A) entry, appropriation, or disposal under the
public land laws;
(B) location, entry, and patent under the mining
laws; and
(C) operation of the mineral leasing, mineral
materials, and geothermal leasing laws.
(2) Reservation.--In any sale or other disposal of land
under this section, there shall be reserved by the United
States the right of the United States to prospect for, mine,
and remove minerals from the conveyed land.
(e) Consultation.--In addition to any consultation otherwise
required by law, before initiating efforts to dispose of land under
this section, the Secretary shall consult with the City of Victorville,
the County of San Bernardino, and surface owners in the jurisdiction in
which the land is located regarding the potential impact of the
disposal and other appropriate aspects of the disposal.
(f) Account.--The gross proceeds of a sale of land under subsection
(a) shall be deposited in an account acceptable to the Secretary and
available only for the purposes of carrying out this Act.
SEC. 5. CANCELLATION OF CONTRACTS.
(a) In General.--On completion of the compensation to the contract
holder for the value of each contract in accordance with subsection
(b), the Secretary shall cancel the contracts and withdraw those areas
that were subject to the contracts from further mineral entry under all
mineral leasing and sales authorities available to the Secretary.
(b) Compensation; Cancellation; Retention of Funds.--
(1) In general.--Subject to paragraph (3), the Secretary
shall provide to the contract holder the compensation agreed to
under section 3(b) by disbursement of amounts from the account,
in 4 equal payments, as funds are available;
(2) Cancellation.--
(A) Contract ca-20139.--On completion of the first
2 payments to the contract holder under paragraph (1),
the Secretary shall cancel contract CA-20139.
(B) Contract ca-22901.--On completion of the
remaining 2 payments to the contract holder under
paragraph (1), the Secretary shall cancel contract CA-
22901.
(3) Retention of funds.--The Secretary shall retain
sufficient funds to cover the projected lost royalties
determined under section 3(a)(1)(A)(ii).
(c) Release and Waiver.--Upon acceptance and receipt of
compensation under subsection (b), the contract holder shall waive all
claims against the United States arising out of, or relating to, the
cancellation of the contracts. | Soledad Canyon Settlement Act - Directs the Secretary of the Interior to offer to cancel Bureau of Land Management (BLM) mineral contracts CA-20139 and CA-22901 (located in Soledad Canyon, California) and compensate the contract holder for the cancellation with proceeds from the sale of lands near Victorville, California. Withdraws affected areas from mineral leasing. | {"src": "billsum_train", "title": "Soledad Canyon Settlement Act"} | 2,459 | 81 | 0.543013 | 1.565095 | 0.821644 | 2.285714 | 36.111111 | 0.888889 |
SECTION 1. CORRECTION TO POKAGON RESTORATION ACT.
Section 9 of the Act entitled ``An Act to restore Federal services
to the Pokagon Band of Potawatomi Indians'' (25 U.S.C. 1300j-7a) is
amended--
(1) by striking ``Bands'' each place it appears and inserting
``Band'';
(2) in subsection (a), by striking ``respective''; and
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in the first sentence--
(I) by striking ``membership rolls that contain''
and inserting ``a membership roll that contains''; and
(II) by striking ``in such'' and inserting ``in
the''; and
(ii) in the second sentence, by striking ``Each such''
and inserting ``The'';
(B) in paragraph (2)--
(i) by striking ``rolls have'' and inserting ``roll
has''; and
(ii) by striking ``such rolls'' and inserting ``such
roll'';
(C) in the heading for paragraph (3), by striking ``rolls''
and inserting ``roll''; and
(D) in paragraph (3), by striking ``rolls are maintained''
and inserting ``roll is maintained''.
SEC. 2. CORRECTION TO ODAWA AND OTTAWA RESTORATION ACT.
(a) Reaffirmation of Rights.--The heading of section 5(b) of the
Little Traverse Bay Bands of Odawa Indians and the Little River Band of
Ottawa Indians Act (25 U.S.C. 1300k-3) is amended by striking ``Tribe''
and inserting ``Bands''.
(b) Membership List.--Section 9 of the Little Traverse Bay Bands of
Odawa and the Little River Band of Ottawa Indians Act (25 U.S.C. 1300k-
7) is amended--
(1) in subsection (a)--
(A) by striking ``Band'' the first place it appears and
inserting ``Bands''; and
(B) by striking ``the Band.'' and inserting ``the
respective Bands.''; and
(2) in subsection (b)(1)--
(A) in the first sentence, by striking ``the Band shall
submit to the Secretary membership rolls that contain the names
of all individuals eligible for membership in such Band'' and
inserting ``each of the Bands shall submit to the Secretary a
membership roll that contains the names of all individuals that
are eligible for membership in such Band''; and
(B) in the second sentence, by striking ``The Band, in
consultation'' and inserting ``Each such Band, in
consultation''.
SEC. 3. INDIAN DAMS SAFETY ACT OF 1994.
Section 4(h) of the Indian Dams Safety Act of 1994 (25 U.S.C.
3803(h); 108 Stat. 1562) is amended by striking ``(under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))),
as amended,'' and inserting ``under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.)''.
SEC. 4. PASCUA YAQUI INDIANS OF ARIZONA.
Section 4(b) of the Act entitled ``An Act to provide for the
extension of certain Federal benefits, services, and assistance to the
Pascua Yaqui Indians of Arizona, and for other purposes'' (25 U.S.C.
1300f-3(b)) is amended by striking ``Pascua Yaqui tribe'' and inserting
``Pascua Yaqui Tribe''.
SEC. 5. INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994.
Section 3(7) of the Indian Lands Open Dump Cleanup Act of 1994 (25
U.S.C. 3902(7); 108 Stat. 4165) is amended by striking ``under section
6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)'' and
inserting ``under section 4004 of the Solid Waste Disposal Act (42
U.S.C. 6944)''.
SEC. 6. AMERICAN INDIAN TRUST FUND MANAGEMENT REFORM ACT OF 1994.
(a) Maintenance of Records.--Section 303(c)(5)(D) of the American
Indian Trust Fund Management Reform Act of 1994 (25 U.S.C.
4043(c)(5)(D); 108 Stat. 4247) is amended by striking ``made under
paragraph (3)(B)'' and inserting ``made under subparagraph (C)''.
(b) Advisory Board.--Section 306(d) of the Indian Trust Fund
Management Reform Act of 1994 (25 U.S.C. 4046(d); 108 Stat. 4249) is
amended by striking ``Advisory Board'' and inserting ``advisory
board''.
SEC. 7. INDIAN SELF-DETERMINATION CONTRACT REFORM ACT OF 1994.
Section 102(11) of the Indian Self-Determination Contract Reform
Act of 1994 (108 Stat. 4254) is amended by striking ``subsection (e)''
and inserting ``subsection (e) of section 105''.
SEC. 8. AUBURN INDIAN RESTORATION.
(a) Economic Development.--Section 203 of the Auburn Indian
Restoration Act (25 U.S.C. 1300l-1) is amended--
(1) in subsection (a)(2), by striking ``as provided in section
107'' and inserting ``as provided in section 207''; and
(2) in subsection (b), by striking ``section 104'' and
inserting ``section 204''.
(b) Interim Government.--The last sentence of section 206 of the
Auburn Indian Restoration Act (25 U.S.C. 1300l-4) is amended by
striking ``Interim council'' and inserting ``Interim Council''.
SEC. 9. CROW BOUNDARY SETTLEMENT ACT OF 1994.
(a) Enforcement.--Section 5(b)(3) of the Crow Boundary Settlement
Act of 1994 (25 U.S.C. 1776c(b)(3); 108 Stat. 4636) is amended by
striking ``provisions of subsection (b)'' and inserting ``provisions of
this subsection''.
(b) Applicability.--Section 9(a) of the Crow Boundary Settlement
Act of 1994 (25 U.S.C. 1776g(a); 108 Stat. 4640) is amended by striking
``The Act'' and inserting ``This Act''.
(c) Escrow Funds.--Section 10(b) of the Crow Boundary Settlement
Act of 1994 (25 U.S.C. 1776h(b); 108 Stat. 4641) is amended by striking
``(collectively referred to in this subsection as the `Suspension
Accounts')'' and inserting ``(collectively referred to in this section
as the `Suspension Accounts')''.
SEC. 10. TLINGIT AND HAIDA STATUS CLARIFICATION ACT.
The first sentence of section 205 of the Tlingit and Haida Status
Clarification Act (25 U.S.C. 1215) is amended by striking ``Indian
tribes'' and inserting ``Indian Tribes''.
SEC. 11. NATIVE AMERICAN LANGUAGES ACT.
Section 103 of the Native American Languages Act (25 U.S.C. 2902)
is amended--
(1) in paragraph (2), by striking ``under section 5351(4) of
the Indian Education Act of 1988 (25 U.S.C. 2651(4))'' and
inserting ``under section 9161(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7881(4))''; and
(2) in paragraph (3), by striking ``section 4009 of Public Law
100-297 (20 U.S.C. 4909)'' and inserting ``section 9212(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7912(1))''.
SEC. 12. PONCA RESTORATION ACT.
Section 5 of the Ponca Restoration Act (25 U.S.C. 983c) is
amended--
(1) by inserting ``Sarpy, Burt, Platte, Stanton, Holt, Hall,
Wayne,'' before ``Knox''; and
(2) by striking ``or Charles Mix County'' and inserting ``,
Woodbury or Pottawattomie Counties of Iowa, or Charles Mix
County''.
SEC. 13. REVOCATION OF CHARTER OF INCORPORATION OF THE MINNESOTA
CHIPPEWA TRIBE UNDER THE INDIAN REORGANIZATION ACT.
The request of the Minnesota Chippewa Tribe to surrender the
charter of incorporation issued to that tribe on September 17, 1937,
pursuant to section 17 of the Act of June 18, 1934, commonly known as
the ``Indian Reorganization Act'' (48 Stat. 988, chapter 576; 25 U.S.C.
477) is hereby accepted and that charter of incorporation is hereby
revoked.
SEC. 14. ADVISORY COUNCIL ON CALIFORNIA INDIAN POLICY ACT OF 1992.
Section 5(6) of the Advisory Council on California Indian Policy
Act of 1992 (106 Stat. 2133; 25 U.S.C. 651 note) is amended by striking
``18 months'' and inserting ``36 months''.
SEC. 15. IN-LIEU FISHING SITE TRANSFER AUTHORITY.
Section 401 of Public Law 100-581 (102 Stat. 2944-2945) is amended
by adding at the end the following new subsection:
``(g) The Secretary of the Army is authorized to transfer funds to
the Department of the Interior to be used for purposes of the continued
operation and maintenance of sites improved or developed under this
section.''.
SEC. 16. ADOLESCENT TRANSITIONAL LIVING FACILITY.
Notwithstanding any other provision of law, any funds that were
provided to the Ponca Indian Tribe of Nebraska for any of the fiscal
years 1992 through 1995, and that were retained by that Indian tribe,
pursuant to a self-determination contract with the Secretary of Health
and Human Services that the Indian tribe entered into under section 102
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f) to carry out programs and functions of the Indian Health
Service may be used by that Indian tribe to acquire, develop, and
maintain a transitional living facility for adolescents, including land
for that facility.
SEC. 17. EXPENDITURE OF MESCALERO APACHE TRIBE JUDGMENT FUNDS.
Notwithstanding any other provision of law, or any distribution
plan approved pursuant to the Indian Tribal Judgment Funds Use or
Distribution Act (25 U.S.C. 1401 et seq.), the Secretary of the
Interior may reprogram, in accordance with the Resolutions, approved by
the Mescalero Apache Tribal Council on January 24, 1995, any and all
remaining funds (principal and interest accounts) regarding specific
changes in the Secretarial Plans for the use of the funds in Docket
Nos. 22-G, 30, 48, 30-A, and 48-A, awarded in satisfaction of the
judgments by the Indian Claims Commission.
SEC. 18. ESTABLISHMENT OF A BAND ROLL.
Section 5(d)(2) of the Lac Vieux Desert Band of Lake Superior
Chippewa Indians Act (25 U.S.C. 1300h-3(d)(2); 102 Stat. 1578) is
amended--
(1) by inserting ``and base roll'' after ``requirement''; and
(2) by striking ``modification is'' and inserting
``modifications are''.
SEC. 19. OPTION TO INCORPORATE SELF-DETERMINATION PROVISIONS INTO SELF-
GOVERNANCE.
Section 403 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458cc) is amended by adding the following new
subsection:
``(l) Incorporate Self-Determination Provisions.--At the option of
a participating tribe or tribes, any or all provisions of title I of
this Act shall be made part of an agreement entered into under title
III of this Act or this title. The Secretary is obligated to include
such provisions at the option of the participating tribe or tribes. If
such provision is incorporated it shall have the same force and effect
as if set out in full in title III or this title.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Makes technical amendments to the following Acts: (1) an Act to restore Federal services to the Pokagon Band of Potawatomi Indians; (2) the Little Traverse Bay Bands of Odawa Indians and the Little River Band of Ottawa Indians Act; (3) the Indian Dams Safety Act of 1994; (4) an Act extending Federal benefits to the Pascua Yaqui Indians of Arizona; (5) the Indian Lands Open Dump Cleanup Act of 1994; (6) the American Indian Trust Fund Management Reform Act of 1994; (7) the Indian Self- Determination Contract Reform Act of 1994; (8) the Auburn Indian Restoration Act; (9) the Crow Boundary Settlement Act of 1994; (10) the Tlingit and Haida Status Clarification Act; and (11) the Native American Languages Act.
(Sec. 12) Amends the Ponca Restoration Act to include within the tribal service area Sarpy, Burt, Platte, Stanton, Holt, Hall, and Wayne Counties in Nebraska and Woodbury and Pottawattomie Counties in Iowa.
(Sec. 13) Provides for revocation of the incorporation charter of the Minnesota Chippewa Tribe under the Indian Reorganization Act.
(Sec. 14) Amends the Advisory Council on California Indian Policy Act of 1992 to extend a specified reporting deadline.
(Sec. 15) Authorizes the Secretary of the Army to transfer funds to the Department of the Interior for operation of certain Columbia River fishing sites for the Nez Perce, Umatilla, Warm Springs, and Yakima Tribes.
(Sec. 16) Authorizes: (1) the Ponca Indian Tribe of Nebraska to use specified funds for an adolescent transitional living facility; and (2) the Secretary of the Interior to reprogram, in accordance with resolutions approved by the Mescalero Apache Tribal Council, certain funds awarded through judgments by the Indian Claims Commission.
(Sec. 18) Amends the Lac Vieux Desert Band of Lake Superior Chippewa Indians Act to authorize the Band to amend its base membership roll if certain conditions are met.
(Sec. 19) Amends the Indian Self-Determination and Education Assistance Act to allow a participating tribe the option to incorporate self-determination provisions of title I into an agreement entered into under titles III or IV. | {"src": "billsum_train", "title": "To make certain technical corrections in laws relating to Native Americans, and for other purposes."} | 3,056 | 531 | 0.472849 | 1.456231 | 0.583642 | 3.748252 | 5.505828 | 0.913753 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Aviation and Flight Enhancement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The events of September 11, 2001, demonstrated that the
United States needs to do more to ensure the survivability and
quick retrieval of critical flight data and cockpit voice
recording units aboard commercial aircraft.
(2) Increased national security threats to commercial
airliners demand that the United States do everything possible
to better secure the safety of our passengers by ensuring the
quick and complete recovery of critical flight data from
commercial air disasters for immediate analysis of potential
terrorism and to avoid unnecessary grounding of our commercial
air fleet.
(3) In light of new commercial aviation advances, including
increased polar flights, increased air traffic over-water, and
the onset of free flight, there is increased potential for more
difficult location and recovery of fixed flight recorder and
cockpit voice recorder units.
(4) Hundreds of millions of dollars are unnecessarily -
expended to locate and recover ``black boxes'', especially in
underwater investigations, despite existing deployable recorder
technology currently used by the United States Armed Forces,
which would allow us to avoid such unnecessary and wasteful
costs.-
(5) It is in the public's best interest to accomplish these
-improvements by implementing the March, 9, 1999,
recommendations A-99-16 through A-99-18 of the National
Transportation Safety Board, in addition to incorporating a
combined cockpit voice recorder and digital flight data
recorder system designed to eject from the rear of the aircraft
at the moment of an accident, so that the system will avoid the
direct impact forces of the crash, avoid -becoming ensnarled in
the wreckage or fire intensity of the crash site, and float
indefinitely on water.
(6) The Navy's successful experience since 1993 with
deployable technology indicates that transfer of this
technology into the commercial sector provides an obvious way
to help us meet our goals to increase the survivability and
retrieval of recorders while reducing the time and cost of a
mishap, investigation, search, rescue, and recovery.
(7) Valuable time is lost searching for fixed flight data
recorders in the wreckage of a crash site, especially at the
bottom of the ocean, and critical data is unnecessarily lost in
incidents in which the aircraft's electrical supply is
prematurely interrupted or the black boxes do not survive the
crash circumstances, as is evident in reviewing some of our
most recent and devastating air incidents, the including the
following:
(A) Neither flight data or cockpit voice recorder
was recovered from American Airlines Flight 11 and
United Airlines Flight 175 that were used in the World
Trade Center attacks on September 11, 2001.
(B) It took 3 days to recover the flight data and
cockpit voice recorders from American Airlines Flight
77 that was used in the Pentagon attack on September
11, 2001. In addition, the cockpit voice recorder was
damaged beyond repair, rendering no information.
(C) It took 13 days to locate the cockpit voice
recorder and 9 days to recover the flight data recorder
from the air disaster involving Egypt Air Flight 990 in
the vicinity of Nantucket, Massachusetts, air disaster
on October 31, 1999.
(D) With respect to Swiss Air Flight 111
International in Halifax, Canada, on September 2, 1998,
the cockpit voice recorder stopped nearly 6 minutes
before the airplane hit the water, and it took search teams 9 days to
locate the cockpit voice recorder and 4 days to recover the flight data
recorder.
(E) The cockpit voice recorder and flight data
recorder stopped about 40 to 50 seconds before the
Valuejet Flight 592 crashed on its way back to the
Miami, Florida, airport on May 11, 1996. It took 15
days to recover the cockpit voice recorder, and 2 days
to recover the flight data recorder from such flight
because the underwater locator beacon failed.
(F) With respect to TWA Flight 800 which exploded
and crashed in the vicinity of Moriches, New York, on
July 17, 1996, the cockpit voice recorder and flight
data recorder stopped at the time of the explosion,
even though the airplane did not hit the water for
another 40 to 50 seconds, and it took 7 days to recover
such recorders.
SEC. 3. REGULATIONS REQUIRING DEPLOYABLE RECORDERS AND OTHER PURPOSES.
(a) In General.--Chapter 447 of title 49, United States Code is
amended by adding at the end the following:
``Sec. 44727. Installation of additional flight recorders
``(a) Regulations.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary of Transportation
shall issue regulations that require in accordance with this
section all commercial aircraft that must carry both a cockpit
voice recorder and digital flight data recorder to be equipped
with 2 combination cockpit voice and digital flight data
recording systems. One system shall be located as close to the
cockpit as practicable, and the other shall be mounted as far
rear on the airframe as practicable and shall be a deployable
recorder system.
``(2) Minimum capabilities.--Both recording systems shall
be capable of recording all mandatory data parameters covering
the previous 25 hours of operation and all cockpit audio,
including controller-pilot data link messages for the previous
2 hours of operation.
``(3) Cockpit system.--The system located near the cockpit
shall be powered by the electrical bus to provide the second
highest reliability for operation without jeopardizing service
to essential or emergency loads. In addition, such system shall
be provided with an independent power source that is located
with the combination recorder and that automatically engages
and provides 10 minutes of operation whenever normal aircraft
power ceases.
``(4) Rear system.--The rear system shall be powered by the
electrical bus to provide the maximum reliability for operation
without jeopardizing service to essential or emergency loads.
In addition, such system shall be provided with an independent
power source that is located with the combination recorder and
that automatically engages and provides 10 minutes of operation
whenever normal aircraft power ceases.
``(b) Schedule for Installation of Dual Combined Systems.--The
regulations shall require the installation of front combination fixed
recorder systems and rear combination, deployable recorder system
required under this section on commercial aircraft that are ordered by
an air carrier on or after January 1, 2005.
``(c) Definitions.--In this section, the following definitions
apply:
``(1) Commercial aircraft.--The term `commercial aircraft'
means--
``(A) a jet aircraft with 10 or more seats or
greater than 12,500 pound maximum takeoff weight; and
``(B) a propeller driven aircraft with greater than
19 seats or greater than 19,000 pound maximum takeoff
weight.
``(2) Deployable recorder system.--The term `deployable
recorder system' means a digital flight data recorder, cockpit
voice recorder and emergency locator transmitter housed as one
unit within an assembly that is -designed to be mounted
conformal to the surface of the airframe, eject from the
aircraft upon accident and fly away from the crash site, and
float indefinitely on water.''.
(b) Conforming Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``44727. Installation of additional flight recorders.''.
SEC. 4. PURCHASE OF FIXED AND DEPLOYABLE RECORDER SYSTEMS.
The Secretary of Transportation shall purchase and make available,
at no cost, to an air carrier (as defined in section 40102 of title 49,
United States Code) such fixed recorder systems and deployable recorder
systems as may be necessary for the air carrier to comply with the
regulations issued under section 44727 of such title.
SEC. 5. REIMBURSEMENT OF AIRCRAFT MANUFACTURERS.
The Secretary of Transportation shall reimburse aircraft
manufacturers owned or controlled by a citizen of the United States (as
defined in section 40102 of title 49, United States Code) for
engineering, certification, and installation costs they incur in
developing and installing fixed recorder systems and deployable
recorder systems to comply with the regulations issued under section
44727 of such title. | Safe Aviation and Flight Enhancement Act - Amends Federal aviation law to direct the Secretary of Transportation to issue regulations requiring all commercial aircraft to carry both a cockpit voice recorder and digital flight data recorder equipped with two combination cockpit voice and digital flight data recording systems.
Mandates that one system be located as close to the cockpit as practicable, and that the other be a deployable recorder system mounted as far rear on the airframe as practicable. Sets forth minimum recorder capabilities.
Directs the Secretary to: (1) purchase and make available, at no cost, to an air carrier such fixed recorder systems and deployable recorder systems as may be necessary for the air carrier to comply with regulations; and (2) reimburse aircraft manufacturers owned or controlled by a U.S. citizen for engineering, certification, and installation costs incurred in developing and installing fixed recorder and deployable recorder systems in compliance with regulations. | {"src": "billsum_train", "title": "To direct the Secretary of Transportation to issue a regulation requiring the installation of 2 combination cockpit voice recorder and digital flight data recorder systems in each commercial passenger aircraft, currently required to carry each of those recorders, and for other purposes."} | 1,804 | 194 | 0.492178 | 1.570091 | 0.780445 | 4.523529 | 9.876471 | 0.923529 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Link-up for Learning Grant Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) growing numbers of children live in an environment of
social and economic conditions that greatly increase the risk
of academic failure when such children become students;
(2) more than 20 percent of the Nation's children live in
poverty while at the same time the Nation's infrastructure of
social support for such children has greatly eroded, for
example, 40 percent of eligible children do not receive free or
reduced price lunches or benefit from food stamps, 25 percent
of such children are not covered by health insurance, and only
20 percent of such children are accommodated in public housing;
(3) many at-risk students suffer the effects of inadequate
nutrition and health care, overcrowded and unsafe living
conditions and homelessness, family and gang violence,
substance abuse, sexual abuse, child abuse, involuntary
migration, and limited English proficiency that often create
severe barriers to learning the knowledge and skills needed to
become literate, independent, and productive citizens;
(4) almost half of all children and youth live in a single
parent family for some period of their lives, resulting in
greatly reduced parental involvement in their education;
(5) high proportions of disadvantaged and minority children
live with never married mothers or teenage mothers who have
extremely limited resources available for early childhood
development and education;
(6) large numbers of children and youth are recent
immigrants or children of recent immigrants with limited
English proficiency and significant unmet educational needs;
(7) services for at-risk students are fragmented,
expensive, overregulated, often ineffective and duplicative,
and focused on narrow problems and not the needs of the whole
child and family;
(8) school personnel and other support service providers
often lack knowledge of and access to available services for
at-risk students and their family in the community, are
constrained by bureaucratic obstacles from providing the
services most needed, and have few resources or incentives to
coordinate services;
(9) service providers for at-risk students such as
teachers, social workers, health care givers, juvenile justice
workers and others are trained in separate institutions,
practice in separate agencies, and pursue separate professional
activities that provide little support for coordination and
integration of services;
(10) coordination and integration of services for at-risk
students emphasizing prevention and early intervention offers a
great opportunity to break the cycle of poverty that leads to
academic failure, teenage parenthood, leaving school, low skill
levels, unemployment, and low income; and
(11) coordination of services is more cost effective for
schools and support agencies because it reduces duplication,
improves quality of services, and substitutes prevention for
expensive crisis intervention.
SEC. 3. PURPOSES.
(a) In General.--It is the purpose of this Act to make
demonstration grants to eligible entities to improve the educational
performance of at-risk students by--
(1) removing barriers to such student's learning;
(2) coordinating and enhancing the effectiveness of
educational support services;
(3) replicating and disseminating programs of high quality
coordinated support services;
(4) increasing parental educational involvement;
(5) improving the capacity of school and support services
personnel to collaborate educational services;
(6) integrating services, regulations, data bases,
eligibility procedures and funding sources whenever possible;
and
(7) focusing school and community resources on prevention
and early intervention strategies to address student needs
holistically.
(b) Additional Purposes.--It is also the purpose of this Act to
foster planning, coordination, and collaboration among local, county,
State, and Federal educational and other student support service
agencies and levels of government, nonprofit organizations, and the
private sector to improve the educational performance of at-risk
students by--
(1) identifying and removing unnecessary regulations,
duplication of services, and obstacles to coordination;
(2) improving communication and information exchange;
(3) creating joint funding pools or resource banks;
(4) providing cross-training of agency personnel; and
(5) increasing parental and community involvement in
education.
SEC. 4. GRANTS AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants to
eligible entities to pay the Federal share of the costs of the
activities described in section 7.
(b) Special Consideration.--In awarding grants under this Act, the
Secretary shall give special consideration to--
(1) providing an equitable geographic distribution of such
grants;
(2) providing grants to eligible recipients serving urban
and rural districts with high proportions of at-risk students;
(3) awarding grants for programs involving interagency
teams of collaborators providing case management services; and
(4) providing grants to eligible recipients serving areas
that experience a significant increase in the number of at-risk
students.
(c) Duration.--Grants made under this Act may be awarded for a
period of not more than 3 years if the Secretary determines that the
eligible recipient has made satisfactory progress toward the
achievement of the program objectives described in the application
submitted pursuant to section 8.
SEC. 5. ELIGIBILITY.
(a) In General.--For the purposes of this Act the term ``eligible
entity'' means--
(1) at least one local educational agency in partnership
with at least one public agency;
(2) at least one nonprofit organization, institution of
higher education, or private enterprise in partnership with at
least one local educational agency; or
(3) a local educational agency that is receiving assistance
under the Head Start Transition Project Act in partnership with
any agency designated as a Head Start agency under the Head
Start Act.
(b) Special Rule.--An eligible entity shall only be eligible for a
grant under this Act if at least one local educational agency
participating in the partnership is eligible to receive financial
assistance under chapter 1 of title I of the Elementary and Secondary
Education Act of 1965.
SEC. 6. TARGET POPULATION.
In order to receive a grant under this Act, an eligible entity
shall serve--
(1) educationally deprived students and their families,
students eligible to be counted under chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 and their
families, or students participating in school-wide projects
assisted under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 and their families; and
(2) any school, grade span, or program area if the program
design is of adequate size, scope and quality to achieve
program outcomes.
SEC. 7. AUTHORIZED ACTIVITIES.
(a) In General.--Each eligible entity receiving a grant under this
Act may use such grant for programs that--
(1) plan, develop, coordinate, acquire, expand, or improve
school-based or community-based education support services
through cooperative agreements, contracts for services, or
direct employment of staff to strengthen the educational
performance of at-risk students, including support services
such as child nutrition and nutrition education, health
education, screening and referrals, student and family
counseling, substance abuse prevention, extended school-day
enrichment and remedial programs, before and after school child
care, tutoring, mentoring, homework assistance, special
curricula, family literacy, and parent education and
involvement activities;
(2) plan, develop, and operate with other agencies a
coordinated services program for at-risk students to increase
the access of such students to community-based social support
services including child nutrition, health and mental health
services, substance abuse prevention and treatment, foster care
and child protective services, child abuse services, welfare
services, recreation, juvenile delinquency prevention and court
intervention, job training and placement, community-based
alternatives to residential placements for students with
disabilities, and alternative living arrangements for students
with dysfunctional families;
(3) develop effective strategies for coordinated services
for at-risk students whose families are highly mobile;
(4) develop effective prevention and early intervention
strategies with other agencies to serve at-risk students and
their families;
(5) improve interagency communications and information-
sharing, including developing local area telecommunications
networks, software development, data base integration and
management, and other applications of technology that improve
coordination of services;
(6) support co-location of support services in schools,
cooperating service agencies, community-based centers, public
housing sites, or other sites nearby schools, including rental
or lease payments, open and lock-up fees, or maintenance and
security costs necessary for the delivery of services for at-
risk students;
(7) design, implement, and evaluate unified eligibility
procedures, integrated data bases, and secure confidentiality
procedures that facilitate information-sharing;
(8) provide at-risk students with integrated case planning
and case management services through staff support for
interagency teams of service providers or hiring school-based
support services coordinators;
(9) subsidize the coordination and delivery of education
related services to at-risk students outside the school site by
entities such as public housing authorities, libraries, senior
citizen centers, or community-based organizations;
(10) provide staff development for teachers, guidance
counselors, administrator, and public agency support services
staff, including cross-agency training in service delivery for
at-risk students;
(11) plan and operate one-stop school-based or nearby
community-based service centers to provide at-risk students and
their families with a wide variety and intensity of support
services such as information, referral, expedited eligibility
screening and enrollment and direct service delivery; and
(12) support dissemination and replication of a model
coordinated educational support services program to other local
educational agencies including dissemination and replication of
materials and training.
(b) Limitations.
(1) Planning.--Not more than one-third of each grant
received under this Act shall be used for planning a
coordinated services program.
(2) Delivery of services.--Not more than 50 percent of each
grant received under this Act shall be used for the delivery of
services.
(3) Supplement and not supplant.--Grant funds awarded under
this Act shall be used to supplement and not supplant the funds
that would otherwise be available from non-Federal sources for
the activities assisted under this Act.
SEC. 8. APPLICATIONS.
(a) In General.--Each eligible entity desiring a grant under this
Act shall submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary may
reasonably require.
(b) Contents.--Each application submitted pursuant to subsection
(a) shall--
(1) describe the activities and services for which
assistance is sought;
(2) identify the degree of need for a coordinated services
plan among the students served by the program;
(3) describe the expected improvement in educational
outcomes for at-risk students served by the program;
(4) describe how the eligible entity will assess the
educational and other outcomes of support services provided by
such public agency participating in the partnership;
(5) contain a description of how the eligible entity will
improve the educational achievement of at-risk students through
more effective coordination of support services, staff
development and cross-agency training, and the educational
involvement of parents;
(6) describe how the eligible entity will continue the
support services assisted under this Act after the Federal
assistance provided under this Act is terminated; and
(7) provide evidence of the capacity of the program to
serve as a model program for replication by local educational
agencies.
(c) Advisory Council.--
(1) Establishment.--Each eligible entity desiring a grant
under this Act shall establish a coordinated services advisory
council to develop the application submitted pursuant to
subsection (a).
(2) Composition.--The advisory council described in
paragraph (1) shall consist of the head of each public agency
participating in the partnership, a member of the local board
of education, and the superintendent of schools, or the
designees of such individuals, and representatives of parents,
students, and the private sector.
(d) Review of Applications.--The Secretary shall review
applications submitted pursuant to subsection (a) with the Secretary of
Health and Human Services and the Secretary of Housing and Urban
Development, as appropriate.
SEC. 9. FEDERAL INTERAGENCY TASK FORCE.
(a) Establishment and Composition.--There is established a Federal
Interagency Task Force (in this section referred to as the ``Task
Force'') consisting of the Secretaries of Education, Housing and Urban
Development, and Health and Human Services, and the heads of other
Federal agencies as appropriate.
(b) Duties.--The Task Force shall identify means to facilitate
interagency collaboration at the Federal, State, and local level to
improve support services for at-risk students. The Task Force shall--
(1) identify, and to the extent possible, eliminate program
regulations or practices that impede coordination and
collaboration;
(2) develop and implement whenever possible plans for
creating jointly funded programs, unified eligibility and
application procedures, and confidentiality regulations that
facilitate information-sharing; and
(3) make recommendations to Congress concerning legislative
action needed to facilitate coordination of support services.
SEC. 10. STUDY.
(a) Study.--The Secretary shall conduct a study of the grants
awarded under the Act to identify--
(1) the regulatory and legislative obstacles encountered in
developing and implementing coordinated support services
programs; and
(2) the innovative procedures and program designs developed
pursuant to this Act.
(b) Report.--The Secretary shall report the results of the study
conducted pursuant to subsection (a) to the Congress with
recommendations for further legislative action to facilitate
coordinated support services.
SEC. 12. PAYMENTS; FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each eligible entity
having an application approved under section 8 the Federal share of the
cost of the activities described in the application.
(b) Federal Share.--The Federal share shall be 50 percent.
SEC. 13. DEFINITIONS.
For the purpose of this Act--
(1) the term ``local educational agency'' has the same
meaning provided in section 1471(12) of the Elementary and
Secondary Education Act of 1965; and
(2) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education.
SEC. 14. AUTHORIZATION OF FUNDS.
There are authorized to be appropriated $100,000,000 for fiscal
year 1994 and such sums as may be necessary for each of the fiscal
years 1995 and 1996 to carry out the provisions of this Act. | Link-up for Learning Grant Act - Establishes a program of demonstration grants to local educational agencies (LEAs) in partnership with other eligible entities for coordinated educational and other student support services for at-risk youth.
Authorizes the Secretary of Education to award such grants to eligible entities to pay the Federal share of costs of specified activities. Sets forth special considerations in awarding grants. Allows such grants to be for up to three years, subject to satisfactory progress.
Makes eligible to apply for such a grant (provided that at least one LEA in the partnership is eligible to receive chapter 1 financial assistance for educationally disadvantaged children): (1) at least one LEA in partnership with at least one public agency; (2) at least one nonprofit organization, institution of higher education, or private enterprise in partnership with at least one LEA; or (3) an LEA that is receiving assistance under the Head Start Transition Project Act in partnership with any designated Head Start agency.
Requires eligible entities, to serve: (1) educationally deprived students, students eligible to be counted under chapter 1, or students in chapter 1 schoolwide projects, and their family members; and (2) any school, grade span, or program area if the project design is of adequate size, scope, and quality.
Requires each eligible entity desiring a grant to establish a coordinated services advisory council to develop its application.
Establishes a Federal Interagency Task Force to: (1) identify and eliminate program regulations or practices impeding coordination and collaboration; and (2) develop and implement plans for jointly funded programs, unified eligibility and application procedures, and confidentiality regulations that facilitate information sharing.
Directs the Secretary of Education to study and report to the Congress on grantees under this Act to identify regulatory and legislative obstacles to coordinated support services and innovative procedures and programs.
Limits the Federal share of project costs to 50 percent.
Authorizes appropriations. | {"src": "billsum_train", "title": "Link-up for Learning Grant Act"} | 3,008 | 406 | 0.512485 | 1.795099 | 0.731281 | 4.050398 | 8.037135 | 0.909814 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Department of Veterans Affairs
Budget Planning Reform Act of 2015''.
SEC. 2. ESTABLISHMENT OF STRATEGIC PLANS TO IMPROVE PROGRAMS AND
BENEFITS FOR VETERANS.
(a) Future-Years Veterans Program.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by adding at the end the following new section:
``Sec. 119. Future-Years Veterans Program
``(a) Submission to Congress.--The Secretary shall submit to
Congress each year, at or about the time that the President's budget is
submitted to Congress pursuant to section 1105(a) of title 31, a
Future-Years Veterans Program reflecting the estimated expenditures and
proposed appropriations included in that budget. Any such Future-Years
Veterans Program shall cover the fiscal year with respect to which the
budget is submitted and at least the four succeeding fiscal years.
``(b) Consistency.--(1) The Secretary shall ensure that amounts
described in subparagraph (A) of paragraph (2) for any fiscal year are
consistent with amounts described in subparagraph (B) of such paragraph
for that fiscal year.
``(2) Amounts referred to in paragraph (1) are the following:
``(A) The amounts specified in program and budget
information submitted to Congress by the Secretary in support
of expenditure estimates and proposed appropriations in the
budget submitted to Congress by the President under section
1105(a) of title 31 for any fiscal year, as shown in the
Future-Years Veterans Program submitted pursuant to subsection
(a).
``(B) The total amounts of estimated expenditures and
proposed appropriations necessary to support the programs,
projects, and activities of the Department of Veterans Affairs
included pursuant to paragraph (5) of section 1105(a) of title
31 in the budget submitted to Congress under that section for
any fiscal year.
``(c) Contents.--The Future-Years Veterans Program under subsection
(a) shall set forth the five-year plan of the Department to address the
commitment of the United States to veterans and the resources necessary
to meet that commitment and shall be developed and updated, as
appropriate, annually by the Secretary. Each Future-Years Veterans
Program shall include an explanation of--
``(1) the information that was used to develop program
planning guidance for the Future-Years Veterans Program; and
``(2) how the resource allocations included in the Future-
Years Veterans Program correlate to such five-year strategy.
``(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each Future-Years
Veterans Program submitted pursuant to subsection (a).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 118 the following new item:
``119. Future-Years Veterans Program.''.
(3) Effective date.--Section 119 of title 38, United States
Code, as added by paragraph (1), shall apply with respect to
the preparation and submission of the budget request for the
Department of Veterans Affairs for fiscal year 2020 and fiscal
years thereafter.
(b) Quadrennial Veterans Review.--
(1) In general.--Such chapter is further amended by adding
after section 119, as added by subsection (a)(1), the following
new section:
``Sec. 120. Quadrennial veterans review
``(a) Requirement.--(1) Not later than fiscal year 2019, and every
fourth year thereafter, the Secretary shall conduct a review of the
strategy for meeting the commitment of the United States to veterans
and the resources necessary to meet that commitment (in this section
referred to as a `quadrennial veterans review').
``(2) Each quadrennial veterans review shall include a
comprehensive examination of the policies and strategies of the United
States with respect to veterans, including recommendations regarding
the long-term strategy and priorities for programs, services, benefits,
and outcomes regarding veterans and guidance on the programs, assets,
capabilities, budget, policies, and authorities of the Department.
``(3) The Secretary shall conduct each quadrennial veterans review
in consultation with key officials of the Department, the heads of
other Federal agencies, and other relevant governmental and
nongovernmental entities, including State, local, and tribal government
officials, members of Congress, veterans service organizations, private
sector representatives, academics, and other policy experts.
``(4) The Secretary shall ensure that each quadrennial veterans
review is coordinated with the Future-Years Veterans Program required
under section 119 of this title.
``(b) Contents of Review.--In each quadrennial veterans review, the
Secretary shall--
``(1) delineate a veterans strategy consistent with the
commitment of the United States to veterans and refine a
strategy for the types of, and provision of, programs,
services, benefits, and outcomes consistent with current
authorities and requirements;
``(2) outline and prioritize the full range of programs and
capabilities regarding veterans provided by the Federal
Government;
``(3) identify the budget plan required to provide
sufficient resources to successfully execute the full range of
such programs and capabilities;
``(4) include an assessment of the organizational alignment
of the Department with respect to the strategy referred to in
paragraph (1) and the programs and capabilities referred to in
paragraph (2);
``(5) review and assess the effectiveness of the mechanisms
of the Department for executing the process of turning the
requirements identified in the quadrennial veterans review into
a plan to meet such requirements, including an expenditure plan
for the Department; and
``(6) identify emerging trends, problems, opportunities,
and issues that could affect veterans or the Department during
the ten-year period following the period covered by the review.
``(c) Submission to Congress.--(1) The Secretary shall submit to
the Committees on Veterans' Affairs of the Senate and the House of
Representatives a report regarding each quadrennial veterans review.
The Secretary shall submit the report in the year following the year in
which the review is conducted, but not later than the date on which the
President submits to Congress the budget for the next fiscal year under
section 1105 of title 31.
``(2) Each report submitted under paragraph (1) shall include--
``(A) the results of the quadrennial veterans review;
``(B) a description of the challenges to, and opportunities
for, the assumed or defined veterans-related interests of the
Nation that were examined for the purposes of that review;
``(C) the strategy for meeting the Nation's commitment to
veterans, including a prioritized list of the missions of the
Department;
``(D) a description of the interagency cooperation,
preparedness of Federal assets, infrastructure, budget plan,
and other elements of the programs and policies of the Nation
associated with the strategy referred to in subsection (b)(1)
that are required to execute successfully the full range of
programs and capabilities identified in such strategy and the
programs and capabilities outlined under subsection (b)(2);
``(E) an assessment of the organizational alignment of the
Department with the strategy referred to in subsection (b)(1)
and the programs and capabilities outlined under subsection
(b)(2), including the Department's organizational structure,
management systems, budget and accounting systems, human
resources systems, procurement systems, and physical and
technical infrastructure;
``(F) a discussion of the status of cooperation among
Federal agencies in the effort to promote national support for
veterans;
``(G) a discussion of the status of cooperation between the
Federal Government and State, local, and tribal governments in
supporting veterans and providing programs, services, benefits,
and outcomes to assist veterans;
``(H) an explanation of any underlying assumptions used in
conducting the review; and
``(I) any other matter the Secretary considers appropriate.
``(d) Publication.--The Secretary shall publish on a publically
accessible Internet website of the Department each quadrennial veterans
review submitted pursuant to subsection (c).
``(e) Independent Veterans Review Panel.--(1) Not later than
February 1 of a year in which a quadrennial veterans review is
conducted under this section, the Secretary shall establish an
independent panel to be known as the Independent Veterans Review Panel
(in this subsection referred to as the `Panel'). The Panel shall have
the duties set forth in this subsection.
``(2) The Panel shall be composed of 10 members who are recognized
experts in matters relating to veterans. The members shall be appointed
as follows:
``(A) Two by the chairman of the Committee on Veterans'
Affairs of the House of Representatives.
``(B) Two by the chairman of the Committee on Veterans'
Affairs of the Senate.
``(C) Two by the ranking member of the Committee on
Veterans' Affairs of the House of Representatives.
``(D) Two by the ranking member of the Committee on
Veterans' Affairs of the Senate.
``(E) Two by the Secretary, who shall serve as co-chairs of
the panel.
``(3) Members shall be appointed for the life of the Panel. Any
vacancy in the Panel shall be filled in the same manner as the original
appointment.
``(4) The Panel shall have the following duties with respect to a
quadrennial veterans review:
``(A) While the review is being conducted, the Panel shall
review the updates from the Secretary required under paragraph
(7) on the progress of the conduct of the review.
``(B) The Panel shall--
``(i) review the Secretary's terms of reference and
any other materials providing the basis for, or
substantial inputs to, the work of the Department of
Veterans Affairs on the quadrennial veterans review;
``(ii) conduct an assessment of the assumptions,
strategy, findings, and risks included in the report on
the quadrennial veterans review required in subsection
(c);
``(iii) conduct an independent assessment of a
variety of strategies for delivering services and
support to veterans;
``(iv) review the resource requirements identified
pursuant to subsection (b)(3) and, to the extent
practicable, make a general comparison to the resource
requirements to support the strategies assessed under
this subparagraph; and
``(v) provide to the Committees on Veterans'
Affairs of the Senate and the House of Representatives
and the Secretary, through the report under paragraph
(7), any recommendations the Panel determines
appropriate.
``(5) If the Secretary has not appointed members to the Panel under
paragraph (2)(E) by February 1 of a year in which a quadrennial
veterans review is conducted under this section, the Panel shall
convene for its first meeting with the remaining members.
``(6) Not later than three months after the date on which the
report on a quadrennial veterans review is submitted under subsection
(c) to the Committees on Veterans' Affairs of the Senate and the House
of Representatives, the Panel shall submit to such committees a report
containing an assessment of the quadrennial veterans review, including
a description of the items addressed under paragraph (4) with respect
to that quadrennial veterans review.
``(7) Periodically, but not less often than every 60 days during
the life of the panel, or at the request of the co-chairs, the
Secretary shall brief the Panel on the progress of the conduct of the
quadrennial veterans review.
``(8)(A) The Panel may request directly from the Department such
information as the Panel considers necessary to carry out its duties
under this subsection. The Secretary shall cooperate with the Panel to
ensure that information requested by the Panel under this subparagraph
is promptly provided to the maximum extent practical.
``(B) Upon the request of the co-chairs, the Secretary shall make
available to the Panel the services of any federally funded research
and development center that is covered by a sponsoring agreement of the
Department.
``(C) The Panel shall have the authorities provided in section 3161
of title 5 and shall be subject to the conditions set forth in such
section.
``(D) Funds for activities of the Panel shall be provided from
amounts available to the Department.
``(9) The Panel shall terminate 45 days after the date on which the
Panel submits the report on the quadrennial veterans review under
paragraph (6).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 119, as added by subsection (a)(2),
the following new item:
``120. Quadrennial veterans review.''.
(c) Policy Guidance.--
(1) In general.--Such chapter is further amended by adding
after section 120, as added by subsection (b)(1), the following
new section:
``Sec. 121. Policy guidance
``The Secretary shall provide annually to the appropriate officials
of the Department written policy guidance for the preparation and
review of the planning and program recommendations and budget proposals
of the elements of the Department of such officials. Such guidance
shall include guidance on the objectives of the Department in
accordance with Future-Years Veterans Program under section 119 of this
title and the quadrennial veterans review under section 120 and the
resource levels projected to be available for the period of time for
which such recommendations and proposals are to be effective.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 120, as added by subsection (b)(2),
the following new item:
``121. Policy guidance.''.
SEC. 3. CHIEF STRATEGY OFFICER OF THE DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Chapter 3 of title 38, United States Code, is
amended by adding at the end the following new section:
``Sec. 323. Chief Strategy Officer
``(a) In General.--The Secretary shall designate the Assistant
Secretary whose functions include planning, studies, and evaluations as
the Chief Strategy Officer of the Department. The Chief Strategy
Officer shall advise the Secretary on long-range strategy and
implications.
``(b) Responsibilities.--The Chief Strategy Officer is the
principal advisor to the Secretary and other senior officials of the
Department, and shall provide independent analysis and advice to the
Secretary and such officials. The Chief Strategy Officer shall carry
out the following responsibilities:
``(1) Conducting cost estimation and cost analysis for the
programs of the Department.
``(2) Establishing policies for, and overseeing the
integration of, the planning, programming, budgeting and
execution process for the Department.
``(3) Providing analysis and advice on matters relating to
the planning and programming phase of the planning,
programming, budgeting and execution process, and the
preparation of materials and guidance for such process, as
directed by the Secretary, working in coordination with the
Assistant Secretary for Management.
``(4) Developing and executing the Future-Years Veterans
Program of the Department, as specified under section 119 of
this title.
``(5) Developing resource discussions relating to
requirements under consideration in the quadrennial veterans
review under section 120 of this title.
``(6) Formulating study guidance for analysis of
alternatives for programs and initiatives, including any
necessary acquisitions, development, or procurement
commensurate with such alternatives, and performance of such
analysis as directed by the Secretary.
``(7) Reviewing, analyzing, and evaluating programs for
executing approved strategies and policies, ensuring that
information on programs and expected outcomes is presented
accurately and completely.
``(8) Ensuring that the costs of programs and alternatives
are presented accurately and completely by assisting in
establishing standards, policies, and procedures for the
conduct of cost estimation and cost analysis throughout the
Department, including guidance relating to the proper selection
of confidence levels in cost estimates generally and for
specific programs of the Department.
``(9) Conducting studies at the request of the Secretary
regarding costs, policy assumptions, and strategic implications
of current policies and possible alternatives.
``(10) Communicating directly to the Secretary and the
Deputy Secretary of Veterans Affairs about matters for which
the Chief Strategy Officer is responsible without obtaining the
approval or concurrence of any other official within the
Department.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
322 the following new item:
``323. Chief Strategy Officer.''.
SEC. 4. PROHIBITION ON NEW APPROPRIATIONS.
No additional funds are authorized to be appropriated to carry out
this Act or the amendments made by this Act. This Act and such
amendments shall be carried out using amounts otherwise available for
the Department of Veterans Affairs.
Passed the House of Representatives March 24, 2015.
Attest:
KAREN L. HAAS,
Clerk. | Department of Veterans Affairs Budget Planning Reform Act of 2015 (Sec. 2) Directs the Secretary of Veterans Affairs (VA) to submit annually to Congress a Future-Years Veterans Program (Program) reflecting estimated expenditures and proposed appropriations included in the budget for that fiscal year. Requires the Program to: (1) set forth a five-year VA plan to address the U.S. commitment to veterans and the resources necessary to meet that commitment; (2) be included in VA's annual budget submission to the Congress, starting with the FY2020 budget submission; and (3) be published on a publicly available VA website. Requires the Secretary, in 2019 and quadrennially thereafter, to conduct a review of the strategy for meeting such commitment and resources requirement (Quadrennial Veterans Review) which shall include a comprehensive examination of U.S. policies and strategies for veterans, including recommendations regarding the long-term strategy and priorities for veterans programs, services, and benefits, and guidance on VA programs, assets, budget, and policies. Requires each Review to be coordinated with the Program. Directs the Secretary to: (1) report to Congress regarding each Review, and (2) publish each Review on a public ally available VA website. Directs the Secretary to establish an Independent Veterans Review Panel for each year in which a Review is conducted which shall review the process by which the review is formulated and submit a related report to Congress. Directs the Secretary to provide annually to the appropriate VA officials written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the VA elements of such officials. (Sec. 3) Directs the Secretary to designate a Chief Strategy Officer to: (1) advise the Secretary on long-range VA strategy and implications, and (2) develop and execute the Program. (Sec. 4) States that: (1) no additional funds are authorized to be appropriated to carry out this Act, and (2) this Act shall be carried out using funds otherwise available to VA. | {"src": "billsum_train", "title": "Department of Veterans Affairs Budget Planning Reform Act of 2015"} | 3,636 | 428 | 0.595279 | 1.660751 | 0.853619 | 2.984925 | 8.987437 | 0.909548 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Justice Act of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) According to the National Center for Mental Health and
Juvenile Justice, the successful rehabilitation of youth in the
juvenile justice system, and their sustained reintegration into
the community rely upon the mutual support of juvenile justice
systems and families in the accomplishment of their goals.
(2) Involving families benefits the youth, the family, the
juvenile justice system, and the community.
(3) Valid information and consistent communication between
families and juvenile justice facilities reduces confusion,
frustration, and disappointment.
(4) Training of juvenile justice personnel on the
importance of involving families can help the former better
understand the family perspective and the potential
opportunities for families to be educated about the system, its
processes and protocols.
(5) Families working together with juvenile justice systems
can improve outcomes for justice-involved youth with mental
health issues.
SEC. 3. AMENDMENTS.
(a) Establishment of Demonstration Grant Program.--Title II of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611
et seq.) is amended--
(1) by redesignating part (F) as part (G), and
(2) by inserting after part (E) the following:
``PART F--ESTABLISHING INCREASED FAMILY ENGAGEMENT AND INDEPENDENT
MONITORING PROGRAMS
``SEC. 271. GRANT PROGRAM.
``(a) Purposes.--The purposes of this section are the following:
``(1) To strengthen the relationships between--
``(A) individuals who are employed by juvenile
justice or adult criminal justice agencies, including
individuals employed at juvenile detention or
corrections facilities or adult jails or prisons; and
``(B) individuals who are not employed in the
agencies or facilities, but are involved with the
juvenile justice or adult criminal justice system,
particularly youth held in juvenile detention or
corrections facilities or adult jails or prisons and
their families.
``(2) To create a process through which administrators and
staff at such facilities engage in a dialogue with individuals
the facilities incarcerate, including youth in juvenile
detention or corrections facilities or adult jails or prisons
and families of these youth, as well as other community-based
stakeholders, to collect feedback and input about the
facilities' policies, procedures, and practices.
``(3) To ensure that the feedback and input from youth in
these facilities, their families, and community-based
stakeholders are integrated into the facilities' policies,
procedures, and practices.
``(4) To allow families of youth incarcerated in a facility
and community-based stakeholders access to the facility and the
youth in order to conduct an initial assessment of the
facility, to assess which policies and practices help families
support youth's rehabilitation prior to, during, and after
their stay in a facility, and as well as to monitor the
facility's progress towards recommendations made by a panel
described in subsection (b)(1).
``(b) Grants Authorized.--
``(1) Family engagement demonstration grants.--The
Administrator may make grants in each fiscal year to local or
statewide nonprofit organizations proven to be family oriented
and based in best practices to establish panels to monitor
juvenile detention and corrections facilities in which youth
are held and provide youth in those facilities and their family
members with the ability to assist in the development of
policies, procedures, and practices in these facilities to
improve outcomes for youth and better prepare families to
support youth's rehabilitation and transition back into the
community.
``(2) Geographic distribution.--Grants shall be made with
preference given to those organizations that have a
demonstrable track record of working with families of
incarcerated youth and incorporating family input into their
decisionmaking processes. In making grants under this section,
the Administrator shall, to the extent practicable, ensure that
a grant is made to one nonprofit organization in each State.
``(c) Applications.--
``(1) Submissions.--Each local or statewide nonprofit
organization that desires a grant under this section shall
submit an application, in partnership with State or local
juvenile justice and criminal justice agencies, courts, or
juvenile detention or corrections facilities or adult jails or
prisons, to the Administrator in such manner, and accompanied
by such information, as the Administrator may require.
``(2) Contents.--Each application submitted under paragraph
(1) shall, at a minimum, include the following:
``(A) A description of the organization's
experience working with youth involved in the juvenile
justice or adult criminal justice system and their
families.
``(B) A description of the organization's approach
to family engagement in the juvenile justice or adult
criminal justice system, including the organization's
use of parent advocates.
``(C) A list of the juvenile detention or
correctional facilities or adult jails and prisons
holding youth that the panel will monitor.
``(D) A description of the State or local partner
with which the monitoring panel will work and which has
the authority to make the changes in the facilities
listed under subparagraph (C).
``(E) Assurances that the organization will create
a monitoring panel that shall include--
``(i) two representatives from each of--
``(I) family members of youth
currently incarcerated or incarcerated
within the last 2 years in the
particular monitored facility;
``(II) youth currently incarcerated
or incarcerated within the last 2 years
in the particular monitored facility or
a youth advocate who is in regular
contact with the facility; and
``(III) nonprofit organizations
that provide assistance to youth
involved in the juvenile justice or
adult criminal justice systems or their
families; and
``(ii) one representative from each of--
``(I) a public defender's office or
court-appointed private attorney
representing youth in one of the
jurisdictions served by a facility that
the panel will monitor;
``(II) the State Attorney General's
office or a prosecutor's office in one
of the jurisdictions served by a
facility that the panel will monitor;
``(III) a representative from the
State Advisory Group (SAG) or a JJDPA
State staff representative;
``(IV) the family liaison for
mental health services or a State or
local children's mental health
provider;
``(V) the Governor's office;
``(VI) a State or local child
welfare agency; and
``(VII) the family liaison for
special education or a State or local
education agency representative.
``(F) Assurances that administrators of the State
or local juvenile justice and criminal justice
agencies, courts, juvenile detention or corrections
facilities, or adult jails or prisons with which the
nonprofit is partnering will create a facility
implementation team that will include two individuals
employed by each facility being monitored who have the
authority to make changes recommended by the panel.
``(G) Assurances that the applicant, as part of its
application, has consulted, or will within 30 days of
being notified of an award will consult, with the State
Advisory Group (SAG) or the JJDPA State staff to
discuss how the activities of the monitoring panel can
support and strengthen the State's JJDPA compliance
monitoring activities.
``(d) Uses of Funds.--Grants received under this section shall be
used to ensure meaningful input from youth in juvenile detention and
corrections facilities and adult jails and prisons, their families, and
community-based stakeholders by providing funds--
``(1) to allow the monitoring panel to conduct an initial
assessment and continued monitoring of the facility to
determine how the facility collects, analyzes, and integrates
the input from youth in the facility, their families, and other
community-based stakeholders into the facility's policies,
practices, and procedures, including by--
``(A) conducting confidential interviews with youth
and staff in the facility for the purpose of evaluating
the facility for the purposes above; and
``(B) making unannounced visits to the facility to
observe and assess conditions of confinement;
``(2) to allow the monitoring panel to make recommendations
to the facility implementation team on how to integrate input
from youth, their families, and community-based stakeholders
into the facility's policies, procedures, and practices,
including--
``(A) creating more access to the facility for
outside groups, including--
``(i) allowing additional community-based
organizations that work with youth or
individuals to conduct visits to the facility;
``(ii) providing office space in the
facility for entities that act in the interest
of youth in the facility, including community-
based advocacy groups, guardians ad litem, and
public defender offices; or
``(iii) assigning a court-appointed
attorney to be available in the facilities on a
regular basis for youth to speak with about
their grievances with the facility;
``(B) creating a support group for families of
youth in the facility;
``(C) improving communications between facility
administrators and staff and families, and encouraging
dialogue between these individuals and staff in the
facility (such as officers, medical professionals, and
educators) by--
``(i) providing regular updates on
individual youth's status and progress while in
the facility;
``(ii) integrating family input into the
process of making decisions regarding youth,
such as medical, mental health, or educational
decisions;
``(iii) creating a youth and family liaison
position or point of contact for youth and
their families to help advocate for the youth
and their families;
``(iv) providing an orientation for youth
and families to the facility, the programs, and
the formal grievance system of the facility
that includes information on how youth and
families can express problems, questions, or
comments; and
``(v) ensuring that youth and their
families receive information on the research on
the consequences of juvenile justice system
involvement, including the long-term effects of
this involvement and how it can affect a child
later in life;
``(D) improving visitation and contact policies
with youth in the facilities, including--
``(i) reducing restrictions on who can
visit, including allowing visitation from
individuals outside the youth's immediate
family that provide positive support to the
youth, such as siblings, godparents, a parent's
unmarried partner, aunts, uncles, cousins,
nieces, nephews, mentors, teachers, coaches,
and pastors;
``(ii) modifying or extending visitation
time to include additional hours or days of the
week to facilitate visitation with youth; and
``(iii) reducing transportation barriers
for individuals to visit the facility,
particularly if the facility is not located
near public transit or near the communities
from which the youth in the facility are
referred; and
``(E) ensuring that quality and effective after
care plans are established that reduce recidivism and
help youth successfully reintegrate into their
communities; and
``(3) to provide funds to the facility to implement the
recommendations of the monitoring panel, only to be available
to the facility after--
``(A) the monitoring panel has presented a publicly
available written report with its recommendations to
the facility;
``(B) the monitoring panel and the facility
implementation team meet to discuss the recommendations
and the facility implementation team have a meaningful
opportunity to provide input into the recommendations;
and
``(C) the monitoring panel and the facility
implementation team agree by a vote on which
recommendations to fund, in order for any funds to be
spent by the facility to implement a recommendation,
the use of those funds must be supported by the votes
of two-thirds of individuals on the monitoring panel
and the facility implementation team, and by the vote
of at least one individual as follows:
``(i) A representative from the facility
implementation team.
``(ii) A representative from the monitoring
panel.
``(iii) A representative from the
monitoring panel who is a youth or family
member.
``(e) Funds for Evaluation.--The Administrator shall reserve 10
percent of the amount made available to carry out this section for the
purpose of evaluating such demonstrations conducted under this section
and issuing a report describing the approaches and aspects of the
demonstrations that the Administrator determines to be most effective
and appropriate for fulfilling the purposes of juvenile justice
detention and corrections facilities and adult jails and prisons,
integrating input from youth in the facilities and their families in
the facility's polices, procedures, and practices, taking into account
the demographics of the various localities to be served.''.
(b) Authorization of Appropriations.--Section 299 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5671) is
amended--
(1) in subsection (a)--
(A) in the heading by striking ``Parts C
and E'' and inserting ``Parts C, E, and F'',
and
(B) in paragraph (2) by striking ``parts C
and E'' and inserting ``parts C, E, and F'',
(2) by redesignating subsection (d) as subsection (e), and
(3) by inserting after subsection (c) the following:
``(d) Authorization of Appropriations for Part F.--There are
authorized to be appropriated to carry out part F such sums as may be
necessary for fiscal years 2011, 2012, 2013, 2014, 2015, and 2016.''. | Family Justice Act of 2010 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to family-oriented nonprofit organizations to establish panels to monitor juvenile detention and correction facilities to provide detained youth and their family members an opportunity to participate in the development of policies, procedures, and practices that will improve outcomes for youth and promote rehabilitation and transition back into the community. Sets forth requirements for grant applications and for uses of grant funds. | {"src": "billsum_train", "title": "To amend the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a demonstration grant program for nonprofit organizations to partner with juvenile justice agencies to monitor juvenile facilities and provide youth in the facilities and their families with increased positive engagement in the system."} | 2,963 | 116 | 0.538274 | 1.449027 | 0.604656 | 3.040404 | 29.020202 | 0.89899 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Death Penalty Moratorium
Act of 2000''.
TITLE I--MORATORIUM ON THE DEATH PENALTY
SEC. 101. FINDINGS.
Congress makes the following findings:
(1) Death sentences are disproportionately visited on the
poor:
(A) About 90 percent of people facing capital
charges cannot afford their own attorney.
(B) No State has met standards developed by the
American Bar Association (ABA) for appointment,
performance, and compensation of counsel for indigent
prisoners.
(2) There is ample evidence that the death penalty is
applied disproportionately to members of certain racial and
ethnic groups:
(A) Although African-Americans constitute only 13
percent of the American population, since 1976 African-
Americans account for 35 percent of those executed, 43
percent of those who wait on death row nationwide, and
67 percent of those who wait on death row in the
Federal system. Although only 50 percent of murder
victims are white, fully 84 percent of the victims in
death penalty cases were white.
(B) A study conducted by the House Judiciary
Subcommittee on Civil and Constitutional Rights in 1994
concluded that 89 percent of defendants selected for
capital prosecution under the Anti-Drug Abuse Act of
1988 have been either African-American or Hispanic
American.
(C) In 1990, the General Accounting Office reported
``a pattern of evidence indicating racial disparities
in charging, sentencing, and imposition of the death
penalty''.
(3) Prisoner appeals have been severely curtailed,
increasing the risk of imprisonment and execution of innocent
people:
(A) In a series of rulings since 1976, the Supreme
Court has restricted the rights of death row prisoners
to appeal their convictions and death sentences in
Federal courts, even in cases where prisoners present
compelling evidence of innocence.
(B) In 1996, new legislation limited Federal court
review of death penalty appeals and severely curtailed
public funding of legal aid services for death row
prisoners.
SEC. 102. FEDERAL AND STATE DEATH PENALTY MORATORIUM.
Neither the Federal Government nor any State shall carry out the
death penalty until Congress considers the final findings and
recommendations of the National Commission on the Death Penalty in the
report submitted under section 202(c)(2) and enacts legislation
repealing this section and implementing or rejecting the guidelines and
procedures recommended by the Commission.
TITLE II--NATIONAL COMMISSION ON THE DEATH PENALTY
SEC. 201. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the National Commission on the Death Penalty (in this title referred
to as the ``Commission'').
(b) Membership.--
(1) Appointment.--Members of the Commission shall be
appointed by the President in consultation with the Attorney
General and the Chairmen and Ranking Members of the Committees
on the Judiciary of the House of Representatives and the
Senate.
(2) Composition.--The Commission shall be composed of 15
members, of whom--
(A) 3 members shall be Federal or State
prosecutors;
(B) 3 members shall be attorneys experienced in
capital defense;
(C) 2 members shall be current or former Federal or
State judges; and
(D) 2 members shall be current or former Federal or
State law enforcement officials; and
(E) 5 members shall be individuals from the public
or private sector who have knowledge or expertise,
whether by experience or training, in matters to be
studied by the Commission, which may include--
(i) officers or employees of the Federal
Government or State or local governments;
(ii) members of academia, nonprofit
organizations, the religious community, or
industry; and
(iii) other interested individuals.
(3) Balanced viewpoints.--In appointing the members of the
Commission, the President shall, to the maximum extent
practicable, ensure that the membership of the Commission is
fairly balanced with respect to the opinions of the members of
the Commission regarding support for or opposition to the use
of the death penalty.
(4) Date.--The appointments of the initial members of the
Commission shall be made not later than 30 days after the date
of enactment of this Act.
(c) Period of Appointment; Vacancies.--Members shall be appointed
for the life of the Commission. Any vacancy in the Commission shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(d) Initial Meeting.--Not later than 30 days after all initial
members of the Commission have been appointed, the Commission shall
hold its first meeting.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--A majority of the members of the Commission shall
constitute a quorum for conducting business, but a lesser number of
members may hold hearings.
(g) Chair.--The President shall designate 1 member appointed under
subsection (a) to serve as the Chair of the Commission.
(h) Rules and Procedures.--The Commission shall adopt rules and
procedures to govern its proceedings.
SEC. 202. DUTIES OF THE COMMISSION.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough
study of all matters relating to the administration of the
death penalty to determine whether it comports with
constitutional principles and requirements of fairness,
justice, equality, and due process.
(2) Matters studied.--The matters studied by the Commission
shall include the following:
(A) Racial disparities in capital charging,
prosecuting, and sentencing decisions.
(B) Disproportionality in capital charging,
prosecuting, and sentencing decisions based on
geographic location and income status of defendant or
any other factor resulting in such disproportionality.
(C) Adequacy of representation of capital
defendants, including consideration of the ABA
``Guidelines for the Appointment and Performance of
Counsel in Death Penalty Cases'' (adopted February
1989) and Association policies intended to encourage
competency of counsel in capital cases (adopted
February 1979, February 1988, February 1990, and August
1996).
(D) Whether innocent persons have been sentenced to
death and the reasons these wrongful convictions have
occurred.
(E) Whether the Federal government should seek the
death penalty in a State with no death penalty.
(F) Whether courts are adequately exercising
independent judgment on the merits of constitutional
claims in State post-conviction and Federal habeas
corpus proceedings.
(G) Whether mentally retarded persons and persons
who were under the age of 18 at the time of their
offenses should be sentenced to death after conviction
of death-eligible offenses.
(H) Procedures to ensure that persons sentenced to
death have access to forensic evidence and modern
testing of such evidence, including DNA testing, when
such testing could result in new evidence of innocence.
(I) Any other law or procedure to ensure that death
penalty cases are administered fairly and impartially,
in accordance with the Constitution.
(b) Guidelines and Procedures.--
(1) In general.--Based on the study conducted pursuant to
subsection (a), the Commission shall establish guidelines and
procedures for the administration of the death penalty
consistent with paragraph (2).
(2) Intent of guidelines and procedures.--The guidelines
and procedures required by this subsection shall--
(A) ensure that the death penalty cases are
administered fairly and impartially, in accordance with
due process;
(B) minimize the risk that innocent persons may be
executed; and
(C) ensure that the death penalty is not
administered in a racially discriminatory manner.
(c) Report.--
(1) Preliminary report.--Not later than 1 year after the
date of enactment of this Act, the Commission shall submit to
the President, the Attorney General, and the Congress a
preliminary report, which shall contain a preliminary statement
of findings and conclusions.
(2) Final report.--Not later than 2 years after the date of
enactment of this Act, the Commission shall submit a report to
the President, the Attorney General, and the Congress which
shall contain a detailed statement of the findings and
conclusions of the Commission, together with its
recommendations for such legislation and administrative actions
implementing the guidelines and procedures as it considers
appropriate.
SEC. 203. POWERS OF THE COMMISSION.
(a) Information From Federal and State Agencies.--The Commission
may secure directly from any Federal or State department or agency such
information as the Commission considers necessary to carry out the
provisions of this title. Upon request of the Chairperson of the
Commission, the head of such department or agency shall furnish such
information to the Commission.
(b) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(c) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(d) Hearings.--The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the purpose of
carrying out the provisions of this title--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, administer
such oaths; and
(2) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or member
considers advisable.
(e) Issuance and Enforcement of Subpoenas.--
(1) Issuance.--Subpoenas issued pursuant to subsection (d)
shall bear the signature of the Chairperson of the Commission
and shall be served by any person or class of persons
designated by the Chairperson for that purpose.
(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (d), the district court
of the United States for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt.
(3) Testimony of persons in custody.--A court of the United
States within the jurisdiction in which testimony of a person
held in custody is sought by the Commission or within the
jurisdiction of which such person is held in custody, may, upon
application by the Attorney General, issue a writ of habeas
corpus ad testificandum requiring the custodian to produce such
person before the Commission, or before a member of the
Commission or a member of the staff of the Commission
designated by the Commission for such purpose.
(f) Witness Allowances and Fees.--The provisions of section 1821 of
title 28, United States Code, shall apply to witnesses requested or
subpoenaed to appear at any hearing of the Commission. The per diem and
mileage allowances for witnesses shall be paid from funds available to
pay the expenses of the Commission.
SEC. 204. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Commission shall serve
without compensation for their services to the Commission.
(b) Travel Expenses.--The members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from their homes
or regular places of business in the performance of services for the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws and regulations,
appoint and terminate an executive director and such other
additional personnel as may be necessary to enable the
Commission to perform its duties. The employment of an
executive director shall be subject to confirmation by the
Commission.
(2) Compensation.--The Chairperson of the Commission may
fix the compensation of the executive director and other
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates, except that the rate of pay for the executive
director and other personnel may not exceed the rate payable
for level V of the Executive Schedule under section 5316 of
such title.
(d) Detail of Government Employees.--Any Federal Government
employee may be detailed to the Commission without reimbursement, and
such detail shall be without interruption or loss of civil service
status or privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the annual
rate of basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.
SEC. 205. TERMINATION OF THE COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits its report under section 202.
SEC. 206. FUNDING.
(a) In General.--The Commission may expend not to exceed $850,000
as provided by subsection (b) to carry out this title.
(b) Availability.--Sums appropriated to the Department of Justice
shall be made available to carry out this title. | Title II: National Commission on the Death Penalty
- Establishes the National Commission on the Death Penalty.
(Sec. 202) Directs the Commission to: (1) conduct a thorough study of all matters relating to the administration of the death penalty to determine whether it comports with constitutional principles and requirements of fairness, justice, equality, and due process; and (2) establish guidelines and procedures for the administration of the death penalty which ensure that death penalty cases are administered fairly and impartially in accordance with due process, minimize the risk that innocent persons may be executed, and ensure that the death penalty is not administered in a racially discriminatory manner. Sets forth requirements regarding submission of a preliminary and a final report. | {"src": "billsum_train", "title": "National Death Penalty Moratorium Act of 2000"} | 3,005 | 159 | 0.568038 | 1.794212 | 0.618506 | 5.163121 | 19.319149 | 0.950355 |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Illegal Firearms
Trafficking to Mexico Act''.
SEC. 2. COLLABORATION BETWEEN U.S. IMMIGRATIONS AND CUSTOMS ENFORCEMENT
AND THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND
EXPLOSIVES.
The President shall design and implement a strategy to improve
collaboration between U.S. Immigrations and Customs Enforcement and the
Bureau of Alcohol, Tobacco, Firearms, and Explosives in the
investigation of illegal firearm trafficking to Mexico, including
formal monitoring of the implementation of the 2009 Memorandum of
Understanding between the Bureau of Alcohol, Tobacco, Firearms, and
Explosives and U.S. Immigrations and Customs Enforcement.
SEC. 3. COMPREHENSIVE INDICATORS TO STEM ARMS TRAFFICKING TO MEXICO.
Not later than 120 days after the date of the enactment of this
Act, the Office of National Drug Control Policy shall establish
comprehensive indicators that more accurately reflect progress made in
efforts to stem arms trafficking to Mexico.
SEC. 4. FIREARMS TRAFFICKING.
(a) In General.--Chapter 44 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 932. Trafficking in firearms
``(a) Offenses.--It shall be unlawful for any person, regardless of
whether anything of value is exchanged--
``(1) to ship, transport, transfer, or otherwise dispose to
a person, 2 or more firearms in or affecting interstate or
foreign commerce, if the transferor knows or has reasonable
cause to believe that such use, carry, possession, or
disposition of the firearm would be in violation of, or would
result in a violation of any Federal, State, or local law
punishable by a term of imprisonment exceeding 1 year;
``(2) to receive from a person, 2 or more firearms in or
affecting interstate or foreign commerce, if the recipient
knows or has reasonable cause to believe that such receipt
would be in violation of, or would result in a violation of any
Federal, State, or local law punishable by a term of
imprisonment exceeding 1 year;
``(3) to make a statement to a licensed importer, licensed
manufacturer, or licensed dealer relating to the purchase,
receipt, or acquisition from a licensed importer, licensed
manufacturer, or licensed dealer of 2 or more firearms that
have moved in or affected interstate or foreign commerce that--
``(A) is material to--
``(i) the identity of the actual buyer of
the firearms; or
``(ii) the intended trafficking of the
firearms; and
``(B) the person knows or has reasonable cause to
believe is false; or
``(4) to direct, promote, or facilitate conduct specified
in paragraph (1), (2), or (3).
``(b) Penalties.--
``(1) In general.--Any person who violates, or conspires to
violate, subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
``(2) Organizer enhancement.--If a violation of subsection
(a) is committed by a person in concert with 5 or more other
persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of
management, such person may be sentenced to an additional term
of imprisonment of not more than 5 consecutive years.
``(c) Definitions.--In this section--
``(1) the term `actual buyer' means the person for whom a
firearm is being purchased, received, or acquired; and
``(2) the term `term of imprisonment exceeding 1 year' does
not include any offense classified by the applicable
jurisdiction as a misdemeanor and punishable by a term of
imprisonment of 2 years or less.''.
(b) Clerical Amendment.--The table of sections for chapter 44 of
such title is amended by adding at the end the following:
``932. Trafficking in firearms.''.
SEC. 5. REQUIREMENT THAT FEDERAL FIREARMS LICENSEES REPORT MULTIPLE
SALES OF FIREARMS.
Section 923(g)(3)(A) of title 18, United States Code, is amended by
striking ``pistols, or revolvers, or any combination of pistols and
revolvers totalling two or more,'' and inserting ``firearms''.
SEC. 6. PUBLIC AVAILABILITY OF INFORMATION ABOUT FIREARMS SEIZED BY
MEXICO AND SUBMITTED TO THE BUREAU OF ALCOHOL, TOBACCO,
FIREARMS, AND EXPLOSIVES FOR TRACING.
Within 30 days after the beginning of each fiscal year that begins
more than 120 days after the date of the enactment of this Act, the
Bureau of Alcohol, Tobacco, Firearms, and Explosives shall make public
detailed information about the type, make, model, and caliber of each
firearm seized by authorities of the Government of Mexico and submitted
to the Bureau for tracing.
SEC. 7. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is 30 days after the date of the enactment of this Act. | Countering Illegal Firearms Trafficking to Mexico Act This bill amends the federal criminal code to make trafficking in firearms a stand-alone criminal offense. A person who commits or conspires to commit a gun trafficking offense is subject to criminal penalties—a prison term of up to 20 years (or up to 25 years, if the person also acted as an organizer), a fine, or both. The bill directs the President to design and implement a strategy to improve collaboration between the U.S. Immigration and Customs Enforcement and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the investigation of illegal firearms trafficking to Mexico. The Office of National Drug Control Policy must establish indicators to measure the progress of efforts to stem firearms trafficking to Mexico. The ATF must publish detailed information about each firearm seized by Mexican authorities and submitted to the ATF for tracing. | {"src": "billsum_train", "title": "Countering Illegal Firearms Trafficking to Mexico Act"} | 1,232 | 209 | 0.567048 | 1.59205 | 0.657119 | 2.715152 | 6.254545 | 0.8 |
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